§ 101. Definitions and declaration of policy

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1958

   Pub. L. 85–767 · 72 Stat. 885

   Enacted · 23 U.S.C. § 101

   Pub. L. 85–767, Aug. 27, 1958, 72 Stat. 885

   Source evidence

   Code source credit
   Pub. L. 85–767, Aug. 27, 1958, 72 Stat. 885

2. 1959

   Alaska Omnibus Act

   Pub. L. 86–70 § 21(e)(1) · 73 Stat. 141

   Substituted · 23 U.S.C. § 101(a)

   Pub. L. 86–70 substituted “forty-nine States, the District of Columbia, Hawaii” for “forty-eight States, the District of Columbia, Hawaii, Alaska” in definition of “State”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 86–70 substituted “forty-nine States, the District of Columbia, Hawaii” for “forty-eight States, the District of Columbia, Hawaii, Alaska” in definition of “State”.

   Enacted provision · exact public law section
   (1) The definition of the term “State” in title 23, United States 72 Stat. 887. Code, section 101(a), is amended to read as follows: “The term ‘State’ means any one of the forty-nine States, the District of Columbia, Hawaii, or Puerto Rico.”;

3. 1960

   Hawaii Omnibus Act

   Pub. L. 86–624 § 17(a) · 74 Stat. 411

   Substituted · 23 U.S.C. § 101(a)

   Pub. L. 86–624 substituted “fifty States, the District of Columbia, or Puerto Rico” for “forty-nine States, the District of Columbia, Hawaii, or Puerto Rico” in definition of “State”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 86–624 substituted “fifty States, the District of Columbia, or Puerto Rico” for “forty-nine States, the District of Columbia, Hawaii, or Puerto Rico” in definition of “State”.

   Enacted provision · exact public law section
   (a) The definition of the term “State” in title 23, United States Code, section 101(a), is amended to read as follows: 72 Stat. 885. “The term ‘State’ means any one of the fifty States, the District of Columbia, or Puerto Rico.”

4. 1962

   Federal-Aid Highway Act of 1962

   Pub. L. 87–866 § 6(a) · 76 Stat. 1145

   Inserted · 23 U.S.C. § 101(a)

   Pub. L. 87–866 inserted definition of “public lands development roads and trails”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 87–866 inserted definition of “public lands development roads and trails”.

   Enacted provision · exact public law section
   (a) Section 101 of title 23, United States Code, is amended by inserting immediately after the paragraph which begins “The term ‘project agreement’ means”, the following: “The term ‘public lands development roads and trails’ means those roads or trails which the Secretary of the Interior determines are of primary importance for the development, protection, administration, and utilization of public lands and resources under his control.”

5. 1964

   Pub. L. 88–423 § 3 · 78 Stat. 397

   1. Substituted · 23 U.S.C. § 101(b)

      Pub. L. 88–423 substituted “fifteen years” for “thirteen years”

   2. Substituted · 23 U.S.C. § 101(b)

      Pub. L. 88–423 substituted “June 30, 1971” for “June 30, 1969”

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 88–423 substituted “fifteen years” for “thirteen years” and “June 30, 1971” for “June 30, 1969”.

   Enacted provision · exact public law section
   Sec. 3. The second paragraph of subsection (b) of section 101 of title 23, United States Code, is amended by striking out “thirteen 72 Stat. 887. years” and inserting in lieu thereof “fifteen years” and by striking out “June 30, 1969”, and inserting in lieu thereof “June 30, 1971”.

6. 1966

   Federal-Aid Highway Act of 1966

   Pub. L. 89–574 § 4(a) · 80 Stat. 766

   1. Substituted · 23 U.S.C. § 101(b)

      Pub. L. 89–574 substituted a reference to “sixteen years’ appropriation” for reference to “fifteen years’ appropriation”

   2. Substituted · 23 U.S.C. § 101(b)

      Pub. L. 89–574 substituted “June 30, 1972” for “June 30, 1971”

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 89–574 substituted a reference to “sixteen years’ appropriation” for reference to “fifteen years’ appropriation” and substituted “June 30, 1972” for “June 30, 1971”.

   Enacted provision · exact public law section
   (a) The second paragraph of section 101(b) of title 23, United States Code, is amended by striking out “fifteen years” and 78 Stat. 397. inserting in lieu thereof “sixteen years” and by striking out “June 30, 1971”, and inserting in lieu thereof “June 30, 1972”.

7. 1968

   Federal-Aid Highway Act of 1968

   Pub. L. 90–495 § 8 · 82 Stat. 815

   Inserted · 23 U.S.C. § 101(a)

   Pub. L. 90–495, § 8, inserted “and other areas administered by the Forest Service” after “national forests” and “national forest” in definitions of “forest road or trail” and “forest development roads and trails”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 90–495, § 8, inserted “and other areas administered by the Forest Service” after “national forests” and “national forest” in definitions of “forest road or trail” and “forest development roads and trails”.

   Enacted provision · exact public law section
   Sec. 8. definitions of forest road or trail and forest development roads and trails The fourth and fifth paragraphs in section 101 (a) of title 23, United States Code, are amended to read as follows: 72 Stat. 885. “The term ‘forest road or trail’ means a road or trail wholly or partly within or adjacent to and serving the national forests and other areas administered by the Forest Service. “The term ‘forest development roads and trails’ means those forest roads or trails of primary importance for the protection, administration, and utilization of the national forest and other areas administered by the Forest Service or, where necessary, for the use and development of the resources upon which communities within or adjacent to the national forest and other areas administered by the Forest Service are dependent.”

8. 1968

   Federal-Aid Highway Act of 1968

   Pub. L. 90–495 § 4(a) · 82 Stat. 815

   1. Substituted · 23 U.S.C. § 101(b)

      Pub. L. 90–495, § 4(a), substituted a reference to “eighteen years’ appropriation” for reference to “sixteen years’ appropriation”

   2. Substituted · 23 U.S.C. § 101(b)

      Pub. L. 90–495, § 4(a), substituted “June 30, 1974” for “June 30, 1972”

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 90–495, § 4(a), substituted a reference to “eighteen years’ appropriation” for reference to “sixteen years’ appropriation” and substituted “June 30, 1974” for “June 30, 1972”.

   Enacted provision · exact public law section
   (a) The second paragraph of section 101(b) of title 23, 80 Stat. 767. United States Code, is amended by striking out “sixteen years’” and inserting in lieu thereof “eighteen years’” and by striking out “June 30, 1972”, and inserting in lieu thereof “June 30, 1974”.

9. 1968

   Federal-Aid Highway Act of 1968

   Pub. L. 90–495 § 15 · 82 Stat. 815

   Added · 23 U.S.C. § 101(c); 23 U.S.C. § 101(d)

   Pub. L. 90–495, § 15, added subsecs. (c) and (d)

   Source evidence

   Code amendment note
   Subsecs. (c), (d). Pub. L. 90–495, § 15, added subsecs. (c) and (d).

   Enacted provision · exact public law section
   Sec. 15. prohibition of impoundment of apportionments and diversion of funds Section 101 of title 23, United States Code, is amended by adding at the end thereof the following new subsections: “(c) It is the sense of Congress that under existing law no part of any sums authorized to be appropriated for expenditure upon any Federal-aid system which has tan apportioned pursuant to the provisions of this title shall be impounded or withheld from obligation, for purposes and projects as provided in this title, by any officer or employee of any department, agency, or instrumentality of the executive branch of the Federal Government, except such specific sums as may be determined by the Secretary of the Treasury, after consultation with the Secretary of Transportation, are necessary to be withheld from obligation for specific periods of time to assure that sufficient amounts will be available in the highway trust fund to defray the expenditures which will be required to be made from such fund. “(d) It is the sense of Congress that, funds authorized to be appropriated from the Highway Trust Fund may be used to pay only those administrative expenses of the Federal Highway Administration (in-chiding the Bureau of Public Roads) which are incurred under this title and are attributable to Federal-aid highways. No funds authorized to be appropriated from the Highway Trust Fund shall be used to pay the administrative expenses of any other Federal department, agency, office, or instrumentality, or any other agency, instrumentality, or entity established by Federal law, executive order, or otherwise by the Federal Government, either by transfer or funds, reassignment of personnel or activities, contract, or otherwise, unless the expenditures are to meet obligations incurred under this title, which are attributable to Federal-aid highways and are— “(1) contracted for in accordance with the Act of March 4, 1915, as amended (31 U.S.C. 686) and (A) relate to work or services of 47 Stat. 417. a type not usually performed by the Federal Highway Administration or (B) relate to the furnishing of materials, supplies, or equipment; or “(2) are specifically identified in the budget and included in an appropriation Act.”

10. 1970

    Federal-Aid Highway Act of 1970

    Pub. L. 91–605 title I · 84 Stat. 1713

    1. Inserted · 23 U.S.C. § 101(a)

       Pub. L. 91–605, §§ 106(a), 117(d), 130, 141, inserted definitions of “urbanized area” and “Federal-aid urban system”

    2. Substituted · 23 U.S.C. § 101(a)

       Pub. L. 91–605, §§ 106(a), 117(d), 130, 141, substituted “subsection (e)” for “subsection (d)” in definition of “Interstate System”, included within the costs of construction, under the definition of “construction”, relocation assistance, acquisition of replacement housing sites, acquisition, and rehabilitation, relocation, and construction of replacement housing

    3. Substituted · 23 U.S.C. § 101(a)

       Pub. L. 91–605, §§ 106(a), 117(d), 130, 141, substituted “acquisition” for “costs” of rights-of-way, broadened definition of “Indian reservation roads and bridges” to include roads and bridges on State controlled Indian reservations, trust lands, and restricted Indian lands, a well as roads and bridges on such lands under Federal control

    4. Inserted · 23 U.S.C. § 101(a)

       Pub. L. 91–605, §§ 106(a), 117(d), 130, 141, inserted in definitions of “forest highway” and “public lands highways” provisions to ensure that these highways be on the Federal-aid systems

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 91–605, §§ 106(a), 117(d), 130, 141, inserted definitions of “urbanized area” and “Federal-aid urban system”, substituted “subsection (e)” for “subsection (d)” in definition of “Interstate System”, included within the costs of construction, under the definition of “construction”, relocation assistance, acquisition of replacement housing sites, acquisition, and rehabilitation, relocation, and construction of replacement housing, and substituted “acquisition” for “costs” of rights-of-way, broadened definition of “Indian reservation roads and bridges” to include roads and bridges on State controlled Indian reservations, trust lands, and restricted Indian lands, a well as roads and bridges on such lands under Federal control, and inserted in definitions of “forest highway” and “public lands highways” provisions to ensure that these highways be on the Federal-aid systems.

    Enacted provision · exact public law
    TITLE I SEC. 101. short title This title may be cited as the “Federal-Aid Highway Act of 1970”. Sec. 102. revision of authorization of appropriations for interstate system Subsection (b) of section 108 of the Federal-Aid Highway 82 Stat. 815. 23 USC 101 note. Act of 1956, as amended, is amended by striking out “and the additional sum of $2,225,000,000 for the fiscal year ending June 30, 1974” and inserting in lieu thereof the following: “the additional sum of $4,000,000,000 for the fiscal year ending June 30, 1974, the additional sum of $4,000,000,000 for the fiscal year ending June 30, 1975, and the additional sum of $4,000,000,000 for the fiscal year ending June 30, 1976”. Sec. 103. authorization of use of cost estimate for apportionment of interstate funds The Secretary of Transportation is authorized to make the apportionment for the fiscal years ending June 30, 1972, and June 30, 1973, of the sums authorized to be appropriated for such years for expenditures on the National System of Interstate and Defense Highways, using the apportionment factors contained in revised table 5, House Document Numbered 91–317. Sec. 104. extension of time for completion of system (a) The second paragraph of section 101(b) of title 23, 82 Stat. 816. United States Code, is amended by striking out “eighteen years” and inserting in lieu thereof “twenty years” and by striking out “June 30, 1974” and inserting in lieu thereof “June 30, 1976”. (b) (1) The introductory phrase and the second and third sentences of section 104(b) (5) of title 23, United States Code, are amended by striking out “1974” each place it appears and inserting in lieu thereof at each such place “1976”. (2) Such section 104(b) (5) is further amended by striking out the two sentences preceding the last sentence and inserting in lieu thereof Estimates, transmittal to Congress. the following: “The Secretary shall make a revised estimate of the cost of completing the then designated Interstate System after taking into account all previous apportionments made under this section, in the same manner as stated above, and transmit the same to the Senate and the House of Representatives on April 20, 1970. Upon the approval by the Congress, the Secretary shall use the Federal share of such approved estimate in making apportionments for the fiscal years ending June 30, 1972, and June 30, 1973. The Secretary shall make a revised estimate of the cost of completing the then designated Interstate System after taking into account all previous apportionments made under this section, in the same manner as stated above, and transmit the same to the Senate and the House of Representatives within ten days subsequent to January 2, 1972. Upon the approval by the Congress, the Secretary shall use the Federal share of such approved estimate in making apportionments for the, fiscal years ending June 30, 1974, and June 30, 1975. The Secretary shall make a revised estimate of the cost of completing the then designated Interstate System after taking into account all previous apportionments made under this section, in the same manner as stated above, and transmit the same to the Senate and the House of Representatives within ten days subsequent to January 2, 1974. Upon the approval by the Congress, the Secretary shall use the Federal share of such approved estimate in making apportionments for the fiscal year ending June 30, 1976.” Sec. 105. highway authorizations (a) For the purpose of carrying out the provisions of title 23, United States Code, the following sums are hereby authorized to 72 Stat. 885. be appropriated: (1) For the Federal-aid primary system and the Federal-aid secondary system and for their extension within urban areas, out of the Highway Trust Fund, $1,100,000,000 for the fiscal year ending June 30, 1972, and $1,100,000,000 for the fiscal year ending June 30, 1973. The sums authorized in this paragraph for each fiscal year shall be available for expenditure as follows: (A) 45 per centum for projects on the Federal-aid primary highway system; (B) 30 per centum for projects on the Federal-aid secondary highway system; and (C) 25 per centum for projects on extensions of the Federal-aid primary and Federal-aid secondary highway systems in urban areas. (2) For the Federal-aid primary system and the Federal-aid secondary system, exclusive of their extensions in urban areas, out of the Highway Trust Fund, $125,000,000 for the fiscal year ending June 30, 1972, and $125,000,000 for the fiscal year ending June 30, 1973, such sums to be in addition to the sums authorized in paragraph (1) of this subsection. The sums authorized in this paragraph for each fiscal year shall be available for expenditure as follows: (A) 60 per centum for projects on the. Federal-aid primary highway system; and (B) 40 per centum for projects on the Federal-aid secondary system. (3) For the Federal-aid urban system, out of the Highway Trust Fund, $100,000,000 for the fiscal year ending June 30, 1972, and $100,000,000 for the fiscal year ending June 30, 1973. (4) For traffic operation projects in urban areas as authorized in section 135 of title 23, United States Code, out of the Highway Trust 32 Stat. 820. Fund, $100,000,000 for the fiscal year ending June 30, 1972, and $100,000,000 for the fiscal year ending June 30, 1973. (5) For forest highways, out of the Highway Trust Fund. $33,000,000 for the fiscal year ending June 30, 1972, and $33,000,000 for the fiscal year ending June 30, 1973. (6) For public lands highways, out of the Highway Trust Fund, $16,000,000 for the fiscal year ending June 30, 1972, and $16,000,000 for the fiscal year ending June 30, 1973. (7) For forest development roads and trails, $170,000,000 for the fiscal year ending June 30, 1972, and $170,000,000 for the fiscal year ending June 30, 1973. (8) For public lands development roads and trails, $5,000,000 for the fiscal year ending June 30, 1972, and $10,000,000 for the fiscal year ending June 30, 1973. (9) For park roads and trails, $30,000,000 for the fiscal year ending June 30, 1973. (10) For parkways, $20,000,000 for the fiscal year ending June 30, 1972, and $20,000,000 for the fiscal year ending June 30, 1973. (11) For Indian reservation roads and bridges, $30,000,000 for the fiscal year ending June 30, 1972, and $30,000,000” for the fiscal year ending June 30, 1973. (12) For carrying out section 319(b) of title 23, United States Code (relating to landscaping and scenic enhancement), $1,500,000 for fiscal year ending June 30, 1972, and $10,000,000 for fiscal year ending June 30, 1973. (13) For necessary administrative expenses in carrying out section 131, section 130 and section 319(b) of title 23, United States Code, $1,500,000 for the fiscal year ending June 30, 1971, $1,500,000 for the fiscal year ending June 30, 1972, and $3,000,000 for the fiscal year ending June 30, 1973. (14) Nothing in the first eleven paragraphs of this section shall be construed to authorize the appropriation of any sums to carry out section 80 Stat. 731. 23 USC 401. 131, 136, 319(b), or chapter 4 of title 23, United States Code. (b) (1) No State shall receive less than one-half of 1 per centum of the total apportionment for each of the fiscal years 1972 and 1973 under paragraph (5) of subsection (b) of section 104 of title 23, 72 Stat. 890; Ante, p. 1714. United States Code. In addition, to all other authorizations for the Interstate System for the two fiscal years ending June 30, 1972, and June 30, 1973, there is authorized to be appropriated out of the Highway Trust Fund not to exceed $55,000,000 for each such fiscal year for such System. Such authorization shall be apportioned to each of the States receiving apportionments under section 103 of this Act of less than one-half of 1 per centum for each such fiscal year, so as to ensure that each such State will receive for each such fiscal year an amount equal to one-half of 1 per centum of the total apportionment for each such fiscal year under section 103 of this Act, as required by the first sentence of this paragraph. (2) By January 1, 1972, the Secretary shall report to Congress on his recommendation for the apportionment of funds and matching requirements for work on Federal-aid highways in States which have completed, or are nearing completion, of construction on Interstate System mileage located in their State, and for all States after completion of the Interstate System. Sec. 106. federal-aid urban system (a) Subsection (a) of section 101 of title 23, United States 72 Stat. 885; Post, pp. 1724, 1732, 1737. Code, is amended as follows: (1) After the definition of the term “Secretary” add the following new paragraph: “Urbanized area.” “The term ‘urbanized area’ means an area so designated by the Bureau of the Census.” (2) After the definition of the term “Federal-aid secondary system” add the following new paragraph: “Federal-aid urban system.” Post, p. 1717 “The term ‘Federal-aid urban system’ means the Federal-aid highway system described in subsection (d) of section 103 of this title.” (3) The definition of the term “Interstate System” is amended to read as follows: “Interstate System.” “The term ‘Interstate System’ means the National System of Interstate and Defense Highways described in subsection (e) of section 103 Infra. of this title.” (b) (1) Subsections (d) and (e) of section 103 of title 23, United States Code, are relettered (e) and (f), respectively, including all ref-erences thereto, and section 103 is further amended by adding immediately 72 Stat. 887; 76 Stat. 1147. after subsection (c) the following subsection (d): “(d) The Federal-aid urban system shall be established in each urbanized area. The system shall be so located as to serve the major centers of activity, and designed taking into consideration the highest traffic volume corridors, and the longest trips within such area and shall be selected so as to best serve the goals and objectives of the community as determined by the responsible local officials of such urbanized area based upon the planning process required pursuant to the provisions of section 134 of this title. No route on the Federal-aid urban system shall also be a route on any other Federal-aid system. Each route of the system shall connect with another route on a Federal-aid system. Routes on the Federal-aid urban system shall be selected by the appropriate local officials and the State highway departments in cooperation with each other subject to the approval of the Secretary as provided in subsection (f) of this section. The provisions of chapters 1, Ante, p. 1716, Infra. 3, and 5 of this title that are applicable to Federal-aid primary highways shall apply to the Federal-aid urban system except as determined by the Secretary to be inconsistent with this subsection.” (2) Relettered subsection (f) of section 103 of title 23, United States Code, is amended by inserting after “the Federal-aid secondary system,” the following: “the Federal-aid urban system,”. (3) Subsection (a) of section 103 of title 23, United States Code, is amended to read as follows: “(a) For the purposes of this title, the four Federal-aid systems, the primary system, the urban system, the secondary system, and the Interstate System, are established and continued pursuant to the provisions of this section.” (c) (1) Section 104 of title 23, United States Code, is amended by 72 Stat. 889. adding at the end thereof the following: “(f) Not to exceed 50 per centum of the amounts apportioned in accordance with paragraph (3) of subsection (b) of this section may 77 Stat. 276. be expended for projects on the Federal-aid urban system.” (2) Subsection (b) of section 104 of title 23, United States Code, is Ante, p. 1714. amended by adding at the end thereof the following new paragraph: “(6) For the Federal-aid urban system: “In the ratio which the population in urbanized areas, or parts thereof, in each State bears to the total population in such urbanized areas, or parts thereof, in all the States as shown by the latest available Federal census.” (d) Subsections (d) and (e) of section 105 of title 23, United States Code, are relettered (e) and (f), respectively, including all references 80 Stat. 736. thereto, and section 105 is further amended by adding immediately after subsection (c) a new subsection (d): “(d) In approving programs for projects on the Federal-aid urban system, the Secretary shall require that such projects be selected by the appropriate local officials and the State highway department in cooperation with each other.” (e) Subsection (b) of section 106 of title 23, United States Code, is amended to read as follows: “(b) In addition to the approval required under subsection (a) of this section, proposed specifications for projects for construction on (1) the Federal-aid secondary system, except in States where all public roads and highways are under the control and supervision of the State highway department, and (2) the Federal-aid urban system, shall be determined by the State highway department and the appropriate local road officials in cooperation with each other.” (f) Subsection (a) of section 120 of title 23, United States Code, is amended by striking out “and the Federal-aid secondary system” and inserting in lieu thereof a comma and the following: “the Federal-aid secondary system, and the Federal-aid urban system”. (g) Subsection (b) of section 135 of title 23, United States Code, is amended by inserting after “urban areas” the following: “and on the Federal-aid urban system”. Sec. 107. prohibition or impoundment of apportionments and division of funds Subsections (c) and (d) of section 101 of title 23, United 82 Stat. 822. States Code, are amended to read as follows: “(c) It is the sense of Congress that under existing law no part of any stuns authorized to be appropriated for expenditure upon any Federal-aid system which has been apportioned pursuant to the provisions of this title shall be impounded or withheld from obligation, for purposes and projects as provided in this title, by any officer or employee in the executive branch of the Federal Government, except such specific sums as may be determined by the Secretary of the Treasury, after consultation with the Secretary of Transportation, are necessary to be withheld from obligation for specific periods of time to assure that sufficient amounts will be available in the Highway Trust Fund to defray the expenditures which will be required to be made from such fund. “(d) No funds authorized to be appropriated from the Highway Trust Fund shall be expended by or on behalf of any Federal department, agency, or instrumentality other than the Federal Highway Administration unless funds for such expenditure are identified and included as a line item in an appropriation Act and are to meet obligations of the United States heretofore or hereafter incurred under this title attributable to the construction of Federal-aid highways or highway planning, research, or development, or as otherwise specifically authorized to be appropriated from the Highway Trust Fund by Federal-aid highway legislation.” Sec. 108. increased federal share (a) Section 120 of title 23, United States Code, is amended by’ striking out “50 per centum” each place it appears and inserting in lieu thereof at each such place the following: “70 per centum”. (b) The amendments made by subsection (a) of this section shall take effect with respect to authorizations for appropriations for fiscal years beginning after June 30, 1973. Sec. 109. emergency relief (a) The first sentence of subsection (a) of section 125 of title 23, United States Code, is amended to read as follows: “An emergency fund is authorized for expenditure by the Secretary, subject to Supra; Post, pp. 1719, 1731. the provisions of this section and section 120 of this title, for (1) the repair or reconstruction of highways, roads, and trails which he shall find have suffered serious damage as the result of (A) natural disaster over a wide area such as by floods, hurricanes, tidal waves, earthquakes, severe storms, or landslides, or (B) catastrophic failures from any cause, in any part of the United States, and (2) the repair or reconstruction of bridges which have been permanently closed to all vehicular traffic by the State after December 31, 1967, and prior to December 31, 1970, because of imminent danger of collapse due to structural deficiencies or physical deterioration.” (b) Section 120(f) of title 23, United States Code, is amended by 78 Stat. 1090. adding before the last sentence thereof the following new sentence: “As used in this section with respect to bridges and in section 144 of this Post, p. 1741. title, ‘a comparable facility’ shall mean a facility which meets the current geometric and construction standards required for the types and volume of traffic which such facility will carry over its design life.” Sec. 110. training programs Section 140 of title 23, United States Code, is amended by 82 Stat. 826. inserting “(a)” immediately before “Prior” and by adding at the end thereof the following new subsection: “(b) The Secretary, in cooperation with any other department or agency of the Government, State agency, authority, association, institution, corporation (profit or nonprofit), or any other organization or person, is authorized to develop, conduct, and administer highway construction training, including skill improvement programs. Whenever an apportionment is made under subsections 104 (b)(1), (b)(2), (b) (3), (b) (5), and (b) (6) of this title of the sums authorized to be 72 Stat. 889; 82 Stat. 816; Ante, pp. 1714. 1717. appropriated for expenditure upon the Federal-aid primary and secondary systems, and their extensions within urban areas, the Interstate System, and the Federal-aid urban system for the fiscal years 1972 and 1973 the Secretary shall deduct such sums as he may deem necessary not to exceed $5,000,000 per fiscal year, for administering the provisions of this subsection to be financed from the appropriation for the Federal-aid systems. Such sums so deducted shall remain available until expended. The provisions of section 3709 of the Revised Statutes, as amended (41 U.S.C. 5), shall not be applicable to contracts and agreements made under the authority herein granted to the Secretary.” Sec. 111. urban highway public transportation (a) Chapter 1 of title 23, United States Code, is amended 82 Stat. 836. by adding at the end thereof a new section as follows: “§ 142. Urban highway public transportation “(a) To encourage the development, improvement, and use of public mass transportation systems operating motor vehicles on highways, other than on rails, for the transportation of passengers (hereinafter in this section referred to as ‘buses’) within urbanized areas so as to increase the traffic capacity of the Federal-aid systems, sums apportioned in accordance with paragraphs (3), (5), and (6) of subsection (b) of section 104 of this title shall be available to finance the Federal share of the costs of projects for the construction of exclusive or preferential bus lanes, highway traffic control devices, bus passenger loading areas and facilities, including shelters, and fringe and transportation corridor parking facilities to serve bus and other public mass transportation passengers. “(b) The establishment of routes and schedules of such public mass transportation systems shall be based upon a continuing comprehensive transportation planning process carried on in accordance with section 134 of title 23, United States Code. Post, p. 1737. “(c) For all purposes of this title, a project authorized by subsection (a) of this section shall be deemed to be a highway project, and, except as provided in subsection (d) of this section, the Federal share payable on account of such project shall be that provided in section 120 of this title. Ante, p. 1718. “(d) No project authorized by this section, other than a project for fringe or transportation corridor parking facilities, shall be approved unless— “(1) such project (A) will avoid the construction of a highway project under this title which increases automobile traffic capacity, (B) will provide a capacity for the movement of persons at least equal to that which would be provided by the avoided highway project, and (C) will not exceed in the amount of the Federal share, the Federal share of the cost of the avoided highway project; or “(2) no other feasible or prudent highway project can provide the additional capacity for the movement of persons by motor vehicles on highways (other than on rails) provided by this project. “(e) No project authorized by this section shall be approved unless the Secretary of Transportation has received assurances satisfactory to him from the State that public mass transportation systems will have adequate capability to fully utilize the proposed project.” (b) The analysis of chapter 1 of title 23, United States Code, is amended by adding at the end thereof the following: “142. Urban highway public transportation.” Sec. 112. territorial highway program (a) Chapter 2 of title 23, United States Code, is amended by adding at the end thereof the following new section: “§ 215. Territorial highway program “(a) Recognizing the mutual benefits that will accrue to the Virgin Islands, Guam, and American Samoa, and to the United States from the improvement of highways in such territories of the United States, the Secretary is authorized to assist each such territorial government in a program for the construction and improvement of a system of arterial highways, and necessary inter island connectors designated by the Governor of such territory and approved by the Secretary. Federal financial assistance shall be granted under this subsection to such territories upon the basis of a Federal contribution of 70 per centum of the cost of any project. “(b) In order to establish a long-range highway development program, the Secretary is authorized to provide technical assistance for the establishment of an appropriate agency to administer on a continuing basis highway planning, design, construction and maintenance operations, the development of a system of arterial and collector highways, including necessary interisland connectors, and the establishment of advance acquisition of right-of-way and relocation assistance programs. “(c) No part of the appropriations authorized under tills section shall be available for obligation or expenditure with respect to any territory until the Governor enters into an agreement with the Secretary providing that the government of such territory (1) will design and construct a system of arterial and collector highways, including necessary inter is! and connectors, built in accordance with standards approved by the Secretary; (2) will not impose any toll, or permit any such toll to be charged, for use by vehicles or persons of any portion of the facilities constructed or operated under the provisions of this section; (3) will provide for the maintenance of such facilities in a condition to adequately serve the needs of present and future traffic; (4) will implement standards for traffic operations and uniform traffic control devices which are approved by the Secretary. “(d) (1) Three per centum of the sums authorized to be appropriated for each fiscal year for carrying out subsection (a) of this section shall be available for expenditure only for engineering and economic surveys and investigations, for the planning of future highway programs and the financing thereof, for studies of the economy, safety, and convenience of highway usage and the desirable regulation and equitable taxation thereof, and for research and development, necessary in connection with the planning, design, and maintenance of the highway system, and the regulation and taxation of their use. “(2) In addition to the percentage provided in paragraph (1) of the subsection, not to exceed 2 per centum of sums authorized to be appropriated for each fiscal year for carrying out subsection (a) of this section may be expended upon request of the Governor and with the approval of the Secretary for the purposes enumerated in paragraph (1) of this subsection. “(e) None of the funds authorized to be appropriated for carrying out this section shall be obligated or expended for maintenance of the highway system. “(f) The provisions of chapters 1 and 5 of this title that are applicable 72 Stat. 835. 23 USC 101. 82 Stat. 830. 23 USC 501. to Federal-aid primary highway funds, other than provisions relating to the apportionment formula and provisions limiting the expenditure of such funds to the Federal-aid systems, shall apply to the funds authorized to be appropriated to carry out this section, except as determined by the Secretary to be inconsistent with this section.” (b) The analysis of chapter 2 of title 23, United States Code, is amended by adding at the end thereof the following: “215. Territories highway development program.” (c) There are hereby authorized to be appropriated for carrying Appropriation. out subsection (a) of section 215 of title 23, United States Code, out of Ante, p. 1720. any sums in the Treasury not otherwise appropriated— (1) not to exceed $2,000,000 per fiscal year for the Virgin Islands, for the fiscal years ending June 30, 1971, June 30, 1972, and June 30, 1973. (2) not to exceed $2,000,000 per fiscal year for Guam for the fiscal years ending June 30, 1971, June 30, 1972, and June 30, 1973. (3) not to exceed $500,000 per fiscal year for American Samoa for the fiscal years ending June 30, 1971, June 30, 1972, and June 30, 1973. (d) Sums authorized to be appropriated for the fiscal year ending June 30, 1971, shall be available for obligation immediately upon enactment of this section in the same manner and to the same extent as if such sums were apportioned under chapter 1 of title 23, United States Code. Sums authorized to be appropriated for the fiscal year ending June 30, 1972, and the fiscal year ending June 30, 1973, shall be available for obligation at the beginning of the fiscal year for which authorized in the same manner and to the same extent as if such sums were apportioned under chapter 1 of title 23, United States Code. Sec. 113. darien gap highway (a) Chapter 2 of title 23, United States Code, is further amended by adding at the end thereof the following new section: “§ 216. Darien Gap Highway “(a) The United States shall cooperate with the Government of the Republic of Panama and with the Government of Colombia in the construction of approximately two hundred and fifty miles of highway in such countries in the location known as the ‘Darien Gap’ to connect the Inter-American Highway authorized by section 212 of this title 72 Stat. 909. with the Pan American Highway System of South America. Such highway shall be known as the ‘Darien Gap Highway’. Funds authorized by this section shall be obligated and expended subject to the. same terms, conditions, and requirements with respect to the Darien Gap Highway as are funds authorized for the Inter-American Highway 72 Stat. 909. by subsection (a) of section 212 of this title. “(b) The construction authorized by this section shall be under the administration of the Secretary, who shall consult with the appropriate officials of the Department of State with respect to matters involving the foreign relations of this Government, and such negotiations with the Governments of the Republic of Panama and Colombia as may be required to carry out the purposes of this section shall be conducted through, or authorized by, the Department of State. “(c) The provisions of this section shall not create nor authorize the creation of any obligations on the part of the Government of the United States with respect to any expenditures for highway survey or construction heretofore or hereafter undertaken in Panama or Colombia, other than the expenditures authorized by the provision of this section. “(d) Appropriations made pursuant to any authorization for the Darien Gap Highway shall be available for expenditure by the Secretary for necessary administrative and engineering expenses in connection with the Darien Gap Highway program. “(e) For the purposes of this section the term ‘construction’ does not include any costs of rights-of-way, relocation assistance, or the elimination of hazards of railway grade crossings.” (b) The analysis of chapter 2 of title 23, United States Code, is hereby amended by adding at the end thereof the following: “216. Darien Gap Highway.” (c) There is hereby authorized to be appropriated not to exceed $100,000,000, to remain available until expended to enable the Secretary of Transportation to carry out section 216 of title 23, United Ante, p. 1721. States Code. Sec. 114. administration (a) Subsection (a) of section 303 of title 23, United States Code, is amended to read as follows: “(a) (1) In addition to the Administrator of the Federal Highway Administration authorized by section 3(e) of the Department of 80 Stat. 931. 49 USC 1652. Transportation Act, there shall be a Deputy Federal Highway Administrator appointed by the Secretary of Transportation, with the approval of the President. The Deputy Federal Highway Administrator shall perform such duties as the Federal Highway Administrator shall prescribe. There shall also be an Assistant Federal Highway Administrator who shall be the chief engineer of the Administration and shall be appointed, with the approval of the President, by the Secretary of Transportation under the classified civil service and who shall perform such functions, powers, and duties as the Federal Highway Administrator shall prescribe. “(2) The Administrator of the Federal Highway Administration shall be compensated at the annual rate of basic pay of level II of 80 Stat. 460; 83 Stat. 864. the Executive Schedule in section 5313 of title 5, United States Code. The Deputy Federal Highway Administrator shall be compensated at the annual rate of basic pay of level IV of the Executive Schedule in section 5315 of title 5, United States Code. The Assistant Federal Highway Administrator shall be compensated at the annual rate of basic pay of level V of the Executive Schedule in section 5316 of title 5, United States Code.” (b) All provisions of law enacted before the date of enactment of Repeal. this Act which are inconsistent with the amendment made by subsection (a) of this section are hereby repealed to the extent of such inconsistency. (c) The President may authorize any person who immediately before the date of enactment of this Act held the office of Director of Public Roads to act as Deputy Administrator of the Federal Highway Administration created by the amendment made by subsection (a) of this section until the first. Deputy Administrator is appointed in accordance with such amendment. The President may authorize any person acting as Deputy Administrator in accordance with this subsection to receive compensation at the rate authorized for the Office of Deputy Administrator. Such compensation, if authorized, shall be in hen of, and not in addition to, any other compensation from the United States to which such person may be entitled. Sec. 115. training and research fellowships (a) Chapter 3 of title 23 of the United States Code is 72 Stat. 912. amended by adding at the end thereof the following new section: “§ 321. National Highway Institute “(a) The Secretary is authorized and directed to establish and operate in the Federal Highway Administration a National Highway Institute hereafter referred to as the ‘Institute’. The Institute shall develop and administer, in cooperation with the State highway departments, training programs of instruction for Federal Highway Administration and State and local highway department employees engaged or to be engaged in Federal-aid highway work. Such programs may include, but not be limited to, courses in modern developments, techniques, and procedures, relating to highway planning, environmental factors, acquisition of rights-of-way, engineering, construction, maintenance, contract administration, and inspection. The Secretary shall administer all authority vested in him by this title or by any other provision of law for the development and conduct of educational and training programs relating to highways through the Institute. Sums authorized to be deducted for administrative purposes by subsection (a) of section 104 of this title shall be available for carrying out this 72 Stat. 889. subsection. “(b) Not to exceed one-half of 1 per centum of all funds apportioned for any fiscal year beginning after June 30, 1970, to any State under paragraphs (1), (2), (3), and (6) of section 104(b) of this title 77 Stat. 276; Ante, p. 1717. shall be available for expenditure by the State highway department, subject to approval by the Secretary, for payment of not to exceed 70 per centum of the cost of tuition and direct educational expenses (but not travel, subsistence, or salaries) in connection with the education and training of State and local highway department employees as provided in this section. “(c) Education and training of Federal, State, and local highway employees authorized by this section may be provided by the Secretary, or, in the case where such education and training is to be paid for under subsection (b) of this section, by the State, subject to the approval of the Secretary, through grants and contracts with public and private agencies, institutions, and individuals.” (b) The analysis of chapter 3 of title 23 of the United States Code is amended by adding at the end thereof: “321. National Highway Institute.” (c) Section 307(a) of title 23 of the United States Code is amended by inserting immediately after the period at the end of the third sentence thereof the following new sentence.: “The Secretary is also authorized, acting independently or in cooperation with other Federal departments, agencies, or instrumentalities, to make grants for research fellowships for any purpose for which research is otherwise authorized by this section.” Sec. 116. bridges on federal dams (a) Section 320(d) of title 23 of the United States Code is amended by striking out “$13,000,000” and inserting in lieu thereof “$16,761,000”. (b) All sums appropriated under authority of the increased authorization of $3,761,000 established by the amendment made by subsection (a) of this section shall be available for expenditure only in connection with the construction of a bridge across Markland Dam on the Ohio River near Markland, Indiana, and Warsaw, Kentucky. No such sums shall be appropriated until all applicable requirements of 72 Stat. 917. section 320 of title 23 of the United States Code have been complied with by the appropriate Federal agency, the Secretary of Transportation, and the States of Kentucky and Indiana. Sec. 117. construction of replacement housing (a) Sections 510 and 511 of title 23, United States Code including all references thereto are hereby renumbered as sections 511 and 512 respectively. (b) Chapter 5 of title 23, United States Code, is amended by inserting immediately after section 509 the following new section: “§ 510. Construction of replacement housing “(a) The Secretary may approve as a part of the cost of construction of any project on any Federal-aid system the cost of (A) constructing new housing, (B) acquiring existing housing, (C) rehabilitating existing housing, and (D) relocating existing housing, as replacement housing for individuals and families where a proposed project on the Federal-aid system cannot proceed to actual construction because replacement housing is not available and cannot otherwise be made available as required by section 502 of this title. For the “Housing.” purposes of this subsection the term ‘housing’ includes all appurtenances thereto. “(b) State highway departments shall, wherever practicable, utilize the services of State or local governmental housing agencies in carrying out this section.” (c) The analysis of chapter 5 of title 28, United States Code, is amended by adding after “509. Relocation assistance programs on Federal highway projects.” the following: “510. Construction of replacement housing.” (d) The definition of the term “construction” in section 101(a) of Ante, p. 1716. title 23, United States Code, is amended to read as follows: “The term ‘construction’ means the supervising, inspecting, actual building, and all expenses incidental to the construction or reconstruction of a highway, including locating, surveying, and mapping (including the establishment of temporary and permanent geodetic markers in accordance with specifications of the Coast and Geodetic Survey in the Department, of Commerce), acquisition of rights-of-way, relocation assistance, elimination of hazards of railway grade crossings, acquisition of replacement, housing sites, and acquisition, and rehabilitation, relocation, and construction of replacement housing.” Sec. 118. bridge alternation progress payments Section 7 of the Act of June 21, 1940 (54 Stat. 497), as amended (33 U.S.C. 517) is amended as follows: 72 Stat. 596. (1) In the first sentence strike all after “Following” to and including “Chief of Engineers” and insert in lieu thereof “service of the order requiring alteration of the bridge, the Secretary of Transportation”. (2) In the second sentence insert “of Transportation” between “Secretary” and “may”. (3) In the third sentence strike out the last word and insert in lieu thereof “Transportation”. Sec. 119. alaska highway (a) The President, acting through the Secretaries of State and Transportation, is authorized to undertake negotiations with the Government of Canada for the purpose of entering into a suitable agreement authorizing paving and reconstructing the Alaska Highway from Dawson Creek, Canada, (including a connecting highway to Haines, Alaska), to the Alaska border, including, but not limited to, necessary highway realinement. (b) The President shall report to Congress not later than one year Report to Congress. after the date of enactment of this section the results of his negotiations under this section. Sec. 120. effective date of relocation provisions Section 37 of the Federal-Aid Highway Act of 1968 is 82 Stat. 836. 23 USC 502 note. amended to read as follows: “Sec. 37. “effective date (a) Except as otherwise provided in subsection (b) of this section, this Act and the amendments made by this Act shall take effect on the date of its enactment, except that until July 1, 1970, sections 502, 505, 506, 507, and 508 of title 23, United States Code, as added by this Act, shall be applicable to a State only to the extent that such State is able under its laws to comply with such sections. Except as otherwise provided in subsection (b) of this section, after July 1, 1970, such sections shall be completely applicable to all States. Section 133 of title Repeal; effective date. 76 Stat. 1146. 82 Stat. 830; Post, pp. 1735, 1903. 23, United States Code, shall not apply to any State if sections 502, 505, 506, 507, and 508 of title 23, United States Code, are applicable in that State, and effective July 1, 1970, such section 133 is repealed, except as otherwise provided in subsection (b) of this section. “(b) In the case of any State (1) which is required to amend its Extension. constitution to comply with sections 502, 505, 506, 507, and 508 of title 23, United States Code, and (2) which cannot submit the required constitutional amendment, for ratification prior to July 1, 1970, the date of July 1, 1970, contained in subsection (a) of this section shall be extended to July 1, 1972.” Sec. 121. future federal-aid highway program (a) The Secretary of Transportation shall develop and Recommendations to Congress. include in the report of Congress required to be submitted in January 1972, by section 3 of the Act of August 28, 1965 (79 Stat. 578; Public Law 89–139), specific recommendations for the functional 23 USC 101 note. realinement of the Federal-aid systems. These recommendations shall he based on the functional classification study made in cooperation with the State highway departments and local governments as 82 Stat. 823. 23 USC 101 note. required by the Federal-Aid Highway Act of 1988 and submitted to the Congress in 1970, and the functional classification study now underway of the Federal-aid systems in 1990. (b) As a part of the future highway needs report to be. submitted to Congress in January 1972, the Secretary shall also make recommendations to the Congress for a continuing Federal-aid highway program for the period 1976 to 1990. The needs estimates to be used in developing such programs shall be in conformance with the functional classification studies referred to in subsection (a) of this section and the recommendations for the functional realinement required by such subsection. (c) The recommendations required by subsections (a) and (b) of this section shall be determined on the basis of studies now being conducted by the Secretary in cooperation with the State highway departments and local governments, and, in urban areas of more than fifty thousand population, utilizing the cooperative continuing comprehensive transportation planning process conducted in accordance Post, p. 1737. with section 134 of title 23, United States Code. The highway needs estimates prepared by the States in connection with this report to Congress shall be submitted to Congress by the Secretary, together with his recommendations. (d) As a part of the future highway needs report to be submitted to Congress in January 1972, the Secretary shall report to Congress the Federal-aid urban system as designated, and the cost of its construction. Sec. 122. highway beautification authorizations (a) Section 131 (m) of title 23, United States Code, is amended to read as follows: “(m) There is authorized to be appropriated to carry out the provisions of this section, out of any money in the Treasury not otherwise appropriated, not to exceed $20,000,000 for the fiscal year ending June 30, 1966, not to exceed $20,000,000 for the fiscal year ending June 30, 1967, not to exceed $2,000,000 for the fiscal year ending June 30, 1970, not to exceed $27,000,000 for the fiscal year ending June 30, 1971, not to exceed $20,500,000 for the fiscal year ending June 30, 1972, and not to exceed $50,000,000 for the fiscal year ending June 30, 1973. The provisions of this chapter relating to the obligation, period of availability and expenditure of Federal-aid primary highway funds shall apply to the funds authorized to be appropriated to carry out this section after June 30, 1967.” (b) Section 136 (m) of title 23, United States Code, is amended to read as follows: “(m) There is authorized to be appropriated to carry out this section, out of any money in the Treasury not otherwise appropriated, not to exceed $20,000,000 for the fiscal year ending June 30, 1966, not to exceed $20,000,000 for the fiscal year ending June 30, 1967, not to exceed $3,000,000 for the fiscal year ending June 30, 1970, not to exceed $3,000,000 for the fiscal year ending June 30, 1971, not to exceed $3,000,000 for the fiscal year ending June 30, 1972, and not to exceed $5,000,000 for the fiscal year ending June 30, 1973. The provisions of this chapter relating to the obligation, period of availability, and expenditure of Federal-aid primary highway funds shall apply to the funds authorized to be appropriated to carry out this section after June 30, 1967.” Sec. 123. highway beautification commission (a) There is hereby established a commission to be known as the Commission on Highway Beautification, hereinafter referred to as the “Commission”. (b) The Commission shall be comprised of eleven members as Membership. follows: (1) two majority and two minority members of the Senate Committee on Public Works to be appointed by the President of the Senate; (2) two majority and two minority members of the House Committee on Public Works to be appointed by the Speaker of the I louse of Representatives; (3) three persons to be appointed by the President of the United States from among persons who are not officers or employees of the United States. (c) The Chairman shall be elected from among the members of the Chairman. Commission by a majority vote of such members. Any vacancy which may occur on the Commission shall not affect, its powers or functions but shall be filled in the same manner in which the original appointment was made. (d) The organization meeting of the Commission shall be held at such time and place as may be specified in a call issued jointly by the senior member appointed by the President of the Senate and the senior member appointed by the Speaker of the House of Representatives. (e) Six members of the Commission shall constitute a quorum, but Quorum. a smaller number, as determined by the Commission, may conduct hearings. (f) Members of Congress who are members of the Commission shall Members, compensation. serve without compensation in addition to that received for their services as Members of Congress; but they shall be reimbursed for travel, subsistence, and other necessary expenses incurred by them in the performance of the ditties vested in the Commission. (g) Members of the Commission who are not Members of Congress or officers or employees in the executive branch shall each receive $100 per diem when engaged in the actual performance of duties vested in the Commission, plus reimbursement for travel, subsistence, and other necessary expenses incurred by them in the performance of such duties. (h) The Commission shall (1) study existing statutes and regulations Duties. governing the control of outdoor advertising and junkyards in areas adjacent to the Federal-aid highway system; (2) review the policies and practices of the Federal and State agencies charged with administrative jurisdiction over such highways insofar as such policies and practices relate to governing the control of outdoor advertising and junkyards; (3) compile data necessary to understand and determine the requirements for such control which may now exist, or are likely to exist within the foreseeable future; (4) study problems relating to the control of on-premise outdoor advertising signs, promotional signs, directional signs, and signs providing information that is essential to the motoring public; (5) study methods of financing and possible sources of Federal funds, including use of the Highway Trust Fund, to carry out a highway beautification program; and (6) recommend such modifications or additions to existing laws, regulations. policies, practices, and demonstration programs as will, in the judgment of the Commission, achieve a workable and effective highway beautification program and best serve the public interest. (i) The Commission shall, not later than one year after the funding Report, termination. of this section submit to the President and the Congress its final report. It shall cease to exist six months after submission of said report. Records, deposit in Archives. All records and papers of the Commission shall thereupon be delivered to the Administrator of General Services for deposit in the Archives of the United States. (j) The Chairman of the Commission shall request the head of each Federal department or independent agency which has an interest in or responsibility with respect to the control of outdoor advertising and of junkyards to appoint, and the head of such department or agency shall appoint, a liaison officer who shall work closely with the Commission and its staff in matters pertaining to this section. (k) In carrying out its duties the Commission shall seek the advice of various groups interested in the problems relating to the control of outdoor advertising and junkyards including, but not limited to, State and local governments, public and private organizations working in the fields of environmental protection and conservation, communications media, commercial advertising interests, industry, education, and labor. (l) The Commission or, on authorization of the Commission, any committee of two or more members may, for the purpose of carrying out the provisions of this section, hold such hearings and sit and act at such times and places as the Commission or such authorized committee Subpenas. may deem advisable. Subpenas for the attendance and testimony of witnesses or the production of written or other matter may be issued only on the authority of the Commission and shall be served by anyone designated by the Chairman of the Commission. (m) The Commission is authorized to secure from any department, agency, or individual instrumentality of the executive branch of the Government any information it deems necessary to carry out its functions under this section and each such department, agency, and instrumentality is authorized and directed to furnish such information to the Commission upon request made by the Chairman. (n) There are hereby authorized to be appropriated such sums, but not more than $200,000, as may be necessary to carry out the provisions of this section and such moneys as may be appropriated shall be available to the Commission until expended. (o) The Commission is authorized to appoint and fix the compensation of a staff director, and such additional personnel as may be necessary to enable it to carry out its functions. The Director and personnel may be appointed without regard to provisions of title 5, United States Code, covering appointments in the competitive service, and may be paid without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and 80 Stat. 443, 467. 5 USC 5101, 5331. Ante, p. 198–1. General Schedule pay rates. Any Federal employees subject to the civil service laws and regulations who may be employed by the Commission shall retain civil service status without interruption or loss of status or privilege. In no event shall the staff director or any other employee receive as compensation an amount in excess of the maximum rate for GS–18 of the General Schedule under section 5332 of title 5, United States Code. In addition, the Commission is authorized to obtain the services of experts and consultants in accordance with 80 Stat. 416. section 3109 of title 5, United States Code, but at rates not to exceed $100 per diem for individuals. (p) The Commission is authorized to enter into contracts or agreements for studies and surveys with public and private organizations and, if necessary, to transfer funds to Federal agencies from sums appropriated pursuant to this section to carry out such of its duties as the Commission determines can best be carried out in that manner. Sec. 124. elimination of segments of interstate system not to be constructed Section 103 of title 23, United States Code, is amended by Ante, p. 1716. adding at the end thereof the following new subsection: “(g) The Secretary, on July 1, 1973, shall remove from designation as a part of the Interstate System every segment of such System for which a State has not established a schedule for the expenditure of funds for completion of construction of such segment within the period of availability of funds authorized to be appropriated for completion of the Interstate System, and with respect to which the State has not provided the Secretary with assurances satisfactory to him that such schedule will be met. Nothing in the preceding sentence shall be construed to prohibit the substitution prior to July 1, 1973, of alternative segments of the Interstate System which will meet the requirements of this title. Any segment of the Interstate System with respect to which a State has not submitted plans, specifications, and estimates for approval by the Secretary by July 1, 1975, shall be removed from designation as a part of the Interstate System. No segment of the Interstate System removed under authority of the preceding sentence shall thereafter be designated as a part or the Interstate System.” Sec. 125. urban area traffic operations improvement programs Subsection (b) of section 135 of title 23, United States Ante, p. 1718. Code, is amended by striking out “, if such project” and all that follows down through and including the period at the end of such subsection and inserting in lieu thereof a period and the following: “If such project is located in an urban area of more than fifty thousand population, such project shall be based on a continuing comprehensive transportation planning process carried on in accordance with section 134 of this title.” Post, p. 1737. Sec. 126. authority for demonstration projects Subsection (c) (3) of section 307 of title 23, United States Code, is amended by striking out the period at the end thereof and 76 Stat. 1148. inserting in lieu thereof a comma and the following: “including demonstration projects in connection with such purposes.” Sec. 127. economic growth center development highways (a) Chapter 1 of title 23, United States Code, is further amended by adding after section 142 thereof a new section as Ante, p. 1719. follows: “§ 143. Economic growth center development highways “(a) In order to demonstrate the role that highways can play to Demonstration projects. promote the desirable development of the Nation’s natural resources, to revitalize and diversify the economy of rural areas and smaller communities, to enhance and disperse industrial growth, to encourage more balanced population patterns, to check, and, where possible, to reverse current migratory trends from rural areas and smaller communities, and to improve living conditions and the quality of the environment, the Secretary is authorized to make grants to States for demonstration projects for the construction, reconstruction, and improvement of development highways on the Federal-aid primary system to serve and promote the development of economic growth centers and surrounding areas, encourage the location of business and industry in rural areas, facilitate the mobility of labor in sparsely populated areas, and provide rural citizens with improved highways to such public and private services as health care, recreation, employment, education, and cultural activities, or otherwise encourage the social and economic development of rural communities, and for planning, surveys, and investigations in connection therewith. “(b) Each Governor may transmit to the Secretary his recommendations for (1) the selection of economic growth centers within the State, (2) priorities for the construction of development highways on the Federal-aid primary system to serve such centers, and (3) such other information as may be required by the Secretary, for his consideration in approving the selection of economic growth centers for demonstration projects. “(c) Upon the application of the State highway department of any State in which an economic growth center approved by the Secretary as eligible for a demonstration project is located, the Secretary is authorized to pay up to 100 per centum of the cost of engineering and economic surveys or other investigations necessary for the planning and design of development highways on the Federal-aid primary system needed to provide appropriate access to such growth center, including publicly owned airport facilities and public ports for water transportation which may be established to serve it, in order to carry out the purposes of this section. “(d) Except as otherwise provided in this section, all of the provisions of this title applicable to Federal-aid primary highways except, those which the Secretary determines are inconsistent with this section shall apply to development highways and to funds authorized to carry out this section. For the purposes of sections 105, 106, Ante, p. 1717; Post, pp. 1732, 1737. Prohibition. and 118 of this title, funds authorized to carry out this section shall be deemed to be apportioned on January 1 next preceding the commencement of the fiscal year for which authorized. No State shall receive in any fiscal year more than 15 per centum of the funds authorized to carry out this section for such fiscal year. “(e) The Federal share of the cost of any project for construction, reconstruction, or improvement of a development highway under this section shall be increased by not to exceed an additional 20 per centum of the cost of such project, except that in no case shall the Federal share exceed 95 per centum of the cost of such project. “(f) (1) Except in the case of a project subject to paragraph (2) of this subsection, no project shall be approved by the Secretary under this section until he has determined that such project will promote the aims and purposes set forth in subsection (a) of this section and that the economic growth center to be benefited will meet such criteria as he, after consultation with the Secretary of Commerce, deems necessary, including, but not limited to, the following: (1) growth centers shall be geographically and economically capable of contributing significantly to the development of the area, and (2) growth centers shall have a population not in excess of one hundred thousand according to the latest available Federal census. In approving projects the Secretary shall give preference to those areas offering the most potential for future economic growth. “(2) In the case of a project proposed to be conducted within the Appalachian region as defined in section 403 of the Appalachian Regional Development Act of 1965, no project shall be approved by the Secretary under this section until he shall have consulted with the Federal Cochairman of the Appalachian Regional Commission. In the case of a project proposed to be conducted within an economic development region as defined in title V of the Public Works and 79 Stat. 564; 83 Stat. 218. 42 USC 3181. Economic Development Act of 1965, no project shall be approved by the Secretary under this section until he shall have consulted with the Federal Cochairman for such region and the Secretary of Com-merce. In consultation with the appropriate official, the Secretary Selection for assistance, criteria. shall establish criteria for the selection of growth centers eligible for assistance under this section such that the aims and purposes set forth in subsection (a) of this section will be promoted. Such criteria shall include, but not be limited to, the, following: (1) growth centers shall be geographically and economically capable of contributing significantly to the development of the area, (2) growth centers shall have a population not in excess of one hundred thousand persons according to the latest available Federal census, and (3) the selection of such growth centers within the Appalachian region and the economic development regions shall take into account the purposes of the Appalachian Regional Development Act of 1965 and the Public Works and 79 Stat. 5. 40 USC app. 1. 79 Stat. 552. 42 USC 3121 note. Economic Development Act of 1965. In approving projects the Secretary shall give preference to those areas offering the most potential for future economic growth and he shall make arrangements for close coordination throughout the development and implementation of the project with the Federal Cochairman of the Appalachian Regional Commission, or with the appropriate Federal Cochairman of an economic development region, and the Secretary of Commerce, as the case may be. “(g) There is authorized to be appropriated out of the Highway Appropriation. Trust Fund not to exceed $50,000,000 for the fiscal year ending June 30, 1972, and not to exceed $50,000,000 for the fiscal year ending June 30, 1973.” (b) The analysis of chapter 1 of title 23, United States Code, is amended by adding at the end thereof the following: “143. Economic growth center development highways.” Sec. 128. federal share of engineering costs Section 120 of title 23, United States Code, is amended 72 Stat. 899; 73 Stat. 145. by adding at the end thereof the following new subsection: “(h) At the request of any State, the Secretary may from time to time enter into agreements with such State to reimburse the State for the Federal share of the costs of preliminary and construction engineering at an agreed percentage of actual construction costs for each project, in lieu of the actual engineering costs for such project. The Annual review. Secretary shall annually review each such agreement to insure that such percentage reasonably represents the engineering costs actually incurred by such State.” Sec. 129. district of columbia (a) In the case of the following routes on the Interstate Report to Congress. System in the District of Columbia authorized for construction by section 23 of the Federal-aid Highway Act of 1968, the government 82 Stat. 827. D.C. Code 7–135 and note. of the District of Columbia and the Secretary of Transportation shall restudy such projects and report to Congress not later than 12 months after the date of enactment of this subsection their recommendations with respect to such projects, including any alternative routes or plans: (1) East Leg of the Inner Loop, beginning at Bladensburg Road, I–295 (section C4.1 to C6), (2) North Central and Northeast Freeways, I–95 (section C7 to C13) and I–70S (section C1 to C2). (b) The government of the District of Columbia and the Secretary of Transportation shall study the project for the North Leg of the Inner Loop from point A3.3 on I–66 to point C7 on I–95, as designated in the “1968 Estimate of the Cost of Completion of the National System of Interstate and Defense Highways in the District of Columbia”, and shall report to Congress not later than 12 months after the date of enactment of this subsection their recommendations with respect to such project including any recommended alternative routes or plans. Sec. 130. indian reservation roads and bridges The definition of the term “Indian reservation roads and bridges” Ante, p. 1716. in section 101(a) of title 23, United States Code, is amended to read as follows: “The term ‘Indian reservation roads and bridges’ means roads and bridges that are located within or provide access to an Indian reservation or Indian trust land or restricted Indian land which is not subject to fee title alienation without the approval of the Federal Government on which Indians reside whom the Secretary of the Interior has determined to be eligible for services generally available to Indians under Federal laws specifically applicable to Indians.” Sec. 131. richmond-petersburg turnpike The Secretary of Transportation is authorized to amend any agreement heretofore entered into under the provisions of section 72 Stat. 902. 129(d) of title 23, United States Code, in order to permit the continuation of tolls on the existing Richmond-Petersburg Turnpike to finance the construction within the existing termini of such turnpike of two lanes thereon in addition to the lanes in existence on the date of enactment of this section necessary to meet traffic and highway safety requirements. Any amended agreement entered into for such purposes shall provide assurances that the existing turnpike (including the additional lanes) shall become free to the public upon the collection of tolls sufficient to liquidate all construction costs, and the costs of maintenance, operation, and debt service during the period of toll collections to liquidate such construction costs, but in no event shall tolls be collected after date of maturity of those bonds outstanding on the date of enactment of this section issued for construction of such turnpike having the latest maturity date. Sec. 132. airport and waterport access Section 105 of title 23, United States Code, is amended by adding at the end thereof the following new subsection: “(g) In preparing programs to submit in accordance with subsection (a) of this section, the State highway departments shall give consideration to projects providing direct and convenient public access to public airports and public ports for water transportation, and in approving such programs the Secretary shall give consideration to such projects.” Sec. 133. federal participation in the improvement of toll roads Section 129 of title 23, United States Code, is amended by redesignating subsection (e) as subsection (f), including any reference thereto, and by inserting immediately before such redesignated subsection (f) the following: “(e) Notwithstanding the provisions of subsection (b) of this 82 Stat. 829. section, the Secretary may permit Federal participation in the reconstruction and improvement of any toll road providing for only two lanes of traffic, which is designated part of the Interstate System on the date of enactment of this subsection as he may find necessary to bring such two lane toll road to the geometric and construction standards for the Interstate System in order to provide for the safe use of such highway as part of the Interstate System and to facilitate the removal of tolls therefrom. Federal participation in such reconstruction and improvement shall be on the same basis and in the same manner as in the construction of free Interstate System highways under this chapter. No Federal participation shall be permitted Exception. pursuant to this subsection except on two lane toll roads which were designated as a part of the Interstate System on or before June 30, 1968. Before Federal participation under this subsection, the State highway department and the toll road authority involved shall enter into an agreement with the Secretary which shall provide that— “(1) no indebtedness which is to be liquidated by the collection of tolls (in addition to indebtedness in existence on date of enactment in this subsection) shall be incurred after the date of enactment of this subsection; “(2) all tolls received from the operation of the toll road, less the actual cost of such operation and maintenance, shall be applied to the repayment of only those bonds outstanding on the date of enactment of this subsection constituting a valid lien against such toll road and its maintenance and operation and debt service during the period of toll collection; “(3) the toll road shall become free to the public upon collection of tolls sufficient to liquidate all such bonds.” Sec. 134. fringe and corridor parking facilities (a) Section 137 of title 23, United States Code, is amended 80 Stat. 768. to read as follows: “§ 137. Fringe and corridor parking facilities “(a) The Secretary may approve as a project on the Federal-aid urban system the acquisition of land adjacent to the right-of-way outside a central business district, as defined by the Secretary, and the construction of publicly owned parking facilities thereon or within such right-of-way, including the use of the air space above and below the established grade line of the highway pavement, to serve an urban area of fifty thousand population or more. Such parking facility shall be located and designed in conjunction with existing or planned public, transportation facilities. In the event fees are charged for the use of any such facility, the rate thereof shall not be in excess of that required for maintenance and operation (including compensation to any person for operating such facility). “(b) The Secretary shall not approve any project under this section Approval, conditions. until— “(1) he has determined that the State, or the political subdivision thereof, where such project, is to be located, or any agency or instrumentality of such State or political subdivision, has the authority and capability of constructing, maintaining, and operating the facility: “(2) he has entered into an agreement governing the financing, maintenance, and operation of the parking facility with such State, political subdivision, agency, or instrumentality, including necessary requirements to insure that adequate public transportation services will be available to persons using such facility; and “(3) he has approved design standards for constructing such facility developed in cooperation with the State highway department. “(c) The term ‘parking facilities’ for purposes of this section shall “Parking facilities.” include access roads, buildings, structures, equipment, improvements, and interests in lands. “(d) Nothing in this section, or in any rule or regulation issued under this section, or in any agreement required by this section, shall prohibit (1) any State, political subdivision, or agency or instrumentality thereof, from contracting with any person to operate, any parking facility constructed under this section, or (2) any such person from so operating such facility. “(e) The Secretary shall not approve any project under this section unless he determines that it. is based on a continuing comprehensive transportation planning process carried on in accordance with section Post, pp. 1737, 1738. 134 of this title.” (b) The analysis of chapter 1 of such title is amended by striking out the matter relating to section 137 and inserting in lieu thereof the following: “137. Fringe and corridor parking facilities.” (c) Section 11 of the Federal-Aid Highway Act of 1968 is hereby repealed. Sec. 135. public hearings (a) Subsection (a) of section 128 of title 23, United States 72 Stat. 902; 82 Stat. 828. Code, is amended by adding at the end thereof the following new sentence: “Such certification shall be accompanied by a report which indicates the consideration given to the economic, social, environmental, and other effects of the plan or highway location or design and various alternatives which were raised during the hearing or which were otherwise considered.” (b) Subsection (b) of such section 128 is amended by striking out the period at the end thereof and inserting in lieu thereof the following: “and report.” Sec. 136. economic, social, environmental, and other impact (a) Section 109(g) of title 23, United States Code, is amended to read as follows: “(g) The Secretary shall issue within 30 days after the day of enactment of the Federal-Aid Highway Rct of 1970 guidelines for minimizing possible soil erosion from highway construction. Such guidelines shall apply to all proposed projects with respect to which plans, specifications, and estimates are approved by the Secretary after the issuance of such guidelines.” (b) Such section 109 is further amended by adding at the end thereof the following: “(h) Not later than July 1, 1972, the Secretary, after consultation with appropriate Federal and State officials, shall submit to Congress, and not later than 90 days after such submission, promulgate guidelines designed to assure that possible adverse economic, social, and environmental effects relating to any proposed project on any Federal-aid system have been fully considered in developing such project, and that the final decisions on the project are made in the best overall public interest, taking into consideration the need for fast, safe and efficient transportation, public services, and the costs of eliminating or minimizing such adverse effects and the following: “(1) air, noise, and water pollution; “(2) destruction or disruption of manmade and natural resources, aesthetic values, community cohesion and the availability of public facilities and services; “(3) adverse employment effects, and tax and property value losses; “(4) injurious displacement of people, businesses and farms; and “(5) disruption of desirable community and regional growth. Such guidelines shall apply to all proposed projects with respect to which plans, specifications, and estimates are approved by the Secretary after the issuance of such guidelines. “(i) The Secretary, after consultation with appropriate Federal, Noise level standards. State, and local officials, shall develop and promulgate standards for highway noise levels compatible with different land uses and after July 1, 1972, shall not approve plans and specifications for any proposed project on any Federal-aid system for which location approval has not yet been secured unless he determines that such plans and specifications include adequate measures to implement the appropriate noise level standards. “(j) The Secretary, after consultation with the Administrator of Air quality standards. the Environmental Protection Agency, shall develop and promulgate guidelines to assure that highways constructed pursuant to this title are consistent with any approved plan for the implementation of any ambient air quality standard for any air quality control region designated pursuant to the Clean Air Act, as amended.” 81 Stat. 485. 42 USC 1857 note. 72 Stat. 913. (c) Subsection (b) of section 307 of title 23, United States Code, is amended by adding the following sentence: “The highway research program herein authorized shall also include studies to identify and measure, quantitatively and qualitatively, those factors which relate to economic, social, environmental, and other impacts of highway projects.” Sec. 137. interest payments for replacement housing Section 506 of title 23, United States Code is amended by 82 Stat. 832; Post, p. 1903. redesignating subsection (b) as subsection (c) and inserting a new subsection (b) as follows: “(b) (1) in addition to the amounts otherwise authorized by this title, the State agency shall make an interest payment to compensate such owner for any increased rate of interest which such owner is required to pay for financing such replacement dwelling. “(2) This interest payment shall be computed and allowed only if there was an existing mortgage against the dwelling transferred to the State and such mortgage was a valid lieu on said premises for at least one year prior to the institution of negotiations for the acquisition of such property, and if the mortgage for the replacement dwelling bears a higher rate of interest than the interest rate on the mortgage of the transferred dwelling; but, in no event shall such interest on Limitation. the replacement dwelling be greater than the maximum interest allowable under State law. “(3) The value of the interest payment shall be the difference in the interest rate existing on the balance of any mortgage on a transferred dwelling and the interest rate on the mortgage of the replacement dwelling for the remainder of the term of any such mortgage on such transferred dwelling reduced to discounted present value. “(4) The discount rate as above provided shall be the maximum rate of interest permitted to be paid on savings deposits by any savings bank within the State pursuant to the rides and regulations of the Federal Deposit Insurance Corporation.” Sec. 138. alaskan assistance (a) Subsection (b) of section 7 of the Federal Aid Highway Act of 1966 is amended to read as follows: 80 Stat. 768. “(b) There is hereby authorized to be appropriated for construction Appropriation. of Federal-aid highways of the State of Alaska, out of the High-way Trust Fund and in addition to funds otherwise made available 72 Stat. 885. 23 USC 101. to the State of Alaska under title 23, United States Code, $20,000,000 for each of the fiscal years ending June 30, 1972 and June 30, 1973.” (b) Any right-of-way for roads, roadways, highways, tramways, trails, bridges, and appurtenant structures reserved by section 321(d) 73 Stat. 146. of title 48, United States Code (61 Stat. 418, 1947), not utilized by the United States or by the State or territory of Alaska prior to the date of enactment hereof, shall be and hereby is vacated and relinquished by the United States to the end and intent that such reservation shall merge with the fee and be forever extinguished. Sec. 139. ferry boats Section 129 of title 23, United States Code, is amended by adding at the end thereof the following: “(f) Notwithstanding section 301 of this title, the Secretary may permit Federal participation under this title in the construction of ferry boats, whether toll or free, subject to the following conditions: “(1) It is not feasible to build a bridge, tunnel, combination thereof, or other normal highway structure in lieu of the use of such ferry. “(2) The operation of the ferry shall be on a route which has 72 Stat. 887. been approved under section 103 (b) or (c) of this title as a part of one of the Federal-aid systems within the State and has not been designated as a route on the Interstate System. “(3) Such ferry shall be publicly owned and operated. “(4) The operating authority and the amount of fares charged for passage on such ferry shall be under the control of the State, and all revenues derived therefrom shall be applied to actual and necessary costs of operation, maintenance, and repair. “(5) Such ferry shall be operated only within the State or between adjoining States, and no part of its operation shall be in any foreign or international waters. “(6) No such ferry shall be sold, leased, or otherwise disposed of without the approval of the Secretary. The Federal share of any proceeds from such a disposition shall be credited to the unprogramed balance of Federal-aid highway funds of the same class last, apportioned to such State. Any amount so credited shall be in addition to all other funds then apportioned to such State and available for expenditure in accordance with the provisions of this title.” Sec. 140. future additions to interstate system The existing language of section 139 of title 23, United 82 Stat. 823. States Code, shall be designated as subsection (a) and a new subsection (b) added as follows: “(b) Whenever the Secretary determines that a highway on the Federal-aid primary system would be a logical addition or connection to the Interstate System and would qualify for designation as a route on that system in the same manner as set forth in paragraph 1 of Ante, p. 1717. subsection (d) of section 103 of this title, he may upon the affirmative recommendation of the State or States involved designate such highway as a future part of the Interstate System. Such designation shall be made only upon the written agreement of the State or States involved that such highway will be constructed to meet all the standards of a highway on the Interstate System within twelve years of the date of the agreement between the Secretary and the State or States involved. The mileage of any highway designated as a future part of the Interstate System under this subsection shall not be charged against the limitations established by the first sentence of section 103(d) of this title. The designation of a highway as a future part of Ante, p. 1717. the Interstate System under this subsection shall create no Federal financial responsibility with respect to such highway except that Federal-aid highway funds otherwise available to the State or States involved for the construction of Federal-aid primary system highways may be used for the reconstruction of a highway designated as a route on the Interstate System under this subsection. In the event that the State or States involved have not substantially completed the construction of any highway designated under this subsection within the time provided for in the agreement between the Secretary and State or States involved, the Secretary shall remove the designation of such highway as a future part of the Interstate System. Removal of such designation as result of failure to comply with the agreement provided for in this subsection shall in no way prohibit the Secretary from designating such route as part of the Interstate System pursuant to subsection (a) of this section or under 82 Stat. 823. 23 USC 139. any other provision of law providing for addition to the Interstate System. No law, rule, regulation, map, document, or other record of the United States, or of any State or political subdivision thereof, shall refer to any highway under this section, nor shall any such highway be signed or marked, as a highway on the Interstate System until such time as such highway is constructed to the geometric and construction standards for the Interstate System and has been designated as a part of the Interstate System.” Sec 141. definitions Section 101(a) of title 23, United States Code, is amended Ante, p. 1716. as follows: (1) The definition of the term “forest highway” is amended by striking out the period at the end thereof and inserting in lieu thereof a comma and the following: “and which is on a Federal-aid system.” (2) The definition of the term “public lands highways” is amended by striking out “means” and inserting in lieu thereof “means those” and by striking out the period at the end of such definition and inserting in lieu thereof a comma and the following: “which are on the Federal-aid systems.” Sec. 142. cost reduction Section 106 of title 23, United States Code, is amended 72 Stat. 892; 77 Stat. 278; Ante, p. 1717. by adding at the end thereof the following new subsection: “(d) In such cases as the Secretary determines advisable, plans, specifications, and estimates for proposed projects on any Federal-aid system shall be accompanied by a value engineering or other cost reduction analysis.” Sec. 143. urban transportation planning (a) Section 134 of title 23, United States Code, is 76 Stat. 1148. amended by inserting “(a)” at the beginning of the first paragraph thereof and by adding at the end thereof the following: “No highway project may be constructed in any urban area of fifty thousand population or more unless the responsible public officials of such urban area in which the project is located have been consulted and their views considered with respect to the corridor, the location and the design of the project.” (b) Section 134 of title 23, United States Code, is further amended by adding at the end thereof a new subsection as follows: “(b) The Secretary may define those contiguous interstate areas of the Nation in which the movement of persons and goods between principal metropolitan areas, cities, and industrial centers has reached, or is expected to reach, a critical volume in relation to the capacity of existing and planned transportation systems to efficiently accommodate present transportation demands and future growth. After consultation with the Governors and responsible local officials of affected States, the Secretary may by regulation designate, for administrative and planning purposes, as a critical transportation region or a critical transportation corridor each of those areas which he determines most urgently require the accelerated development of transportation systems embracing various modes of transport, in accordance with purposes of this section. The Secretary shall immediately notify such Governors and local officials of such designation. The Secretary may, after consultation with the Governors and responsible local officials of the affected States, provide by regulation for the establishment of planning bodies to assist in the development of coordinated transportation planning, including highway planning, to meet the needs of such regions or corridors, composed of representatives of the affected States and metropolitan areas, and may provide assistance Appropriation. including financial assistance to such bodies. There is authorized to be appropriated, out of any money in the Treasury not otherwise appropriated, not to exceed $500,000 to carry out this subsection.” Sec. 144. study of relationship of highway construction to public transportation services The Secretary is authorized and directed to undertake a study and analysis of the use of existing highway facilities for highway public transportation service, the need for additional highway facilities or the adjustment of existing facilities to accommodate such service, and the appropriate funding of such additional highway facilities and to report to the Congress his findings and recommendations not later than January 1, 1972. Sec. 145. saint clair river bridge The amount of Federal Aid Highway funds paid to the State of Michigan for the construction of the bridge and approaches thereto over the Saint Clair River at Port Huron, Michigan, shall, prior to the collection of any tolls thereon be repaid to the Treasurer of the United States. The amount to be repaid shall be deposited to the credit of the. appropriation for “Federal Aid Highways (Trust Fund)”. Such repayment shall be credited to the unprogrammed balance of Federal Aid Highway funds of the same class last apportioned to the State of Michigan. The amount so credited shall be in addition to all other funds then apportioned to said State and shall be available for expenditure in accordance with the provisions of title 23, 72 Stat. 885. 23 USC 101. United States Code, as amended. (2) Upon the repayment by the State of Michigan of the Federal-Aid Highway funds received for such bridge project, the bridge and its approaches shall be free of all restrictions with respect to the imposition and collection of tolls or other charges thereon or for the use thereof, contained in (A) title 23, United States Code, or in any regulation or agreement thereunder, and (B) subsection (d) of section 17 of the Act entitled “An Act to authorize the construction of certain bridges and to extend the times for commencing and/or completing the construction of other bridges over the navigable waters of the United States, and for other purposes”, approved August 30, 1935, as amended (49 Stat. 1051), or in any regulation or agreement, thereunder. 49 Stat. 1068. Tolls or charges imposed and collected on such bridge or for the use thereof shall not exceed the amount necessary for the proper maintenance, repair, and operation of the bridge and its approaches under economical management. Sec. 146. baltimore-washington parkway (a) There is authorized to be appropriated to the Secretary Appropriation. of Transportation, out of the Highway Trust Fluid, not. to exceed $65,000,000 for reconstructing to six lanes the section of the Baltimore-Washington Parkway in the State of Maryland under the jurisdiction of the Secretary of the Interior to the geometric and construction standards for the National System of Interstate and Defense Highways. (b) No funds authorized by this section shall be expended until the Secretary of Transportation, the Secretary of the Interior, and the State highway department of the State of Maryland shall enter into an agreement that— (1) upon completion of reconstruction the Secretary of the Interior will convey without monetary consideration such section of such parkway to the State of Maryland, and (2) the State of Maryland shall put such section of the Parkway on the Federal-aid primary system prior to expenditure of funds authorized by this section, and for such purpose the mileage limitation on such system in such State imposed by section 103(b) of title 23, United States Code, is hereby waived, and such State 72 Stat. 887. shall thereafter retain such section on such system. Sec. 147. The amendments made by sections 117, 120, and 137 of this Act. shall not take effect if before the effective date of this Act the Uniform Relocation Assistance and Land Acquisition Policies Act of 1970 has been enacted into law. Post, p. 1894.

11. 1970

    Federal-Aid Highway Act of 1970

    Pub. L. 91–605 § 104(a) · 84 Stat. 1713

    1. Substituted · 23 U.S.C. § 101(b)

       Pub. L. 91–605, § 104(a), substituted “twenty years” for “eighteen years”

    2. Substituted · 23 U.S.C. § 101(b)

       Pub. L. 91–605, § 104(a), substituted “June 30, 1976” for “June 30, 1974”

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 91–605, § 104(a), substituted “twenty years” for “eighteen years” and “June 30, 1976” for “June 30, 1974”.

    Enacted provision · exact public law section
    (a) The second paragraph of section 101(b) of title 23, 82 Stat. 816. United States Code, is amended by striking out “eighteen years” and inserting in lieu thereof “twenty years” and by striking out “June 30, 1974” and inserting in lieu thereof “June 30, 1976”.

12. 1970

    Federal-Aid Highway Act of 1970

    Pub. L. 91–605 § 107 · 84 Stat. 1713

    1. Substituted · 23 U.S.C. § 101(c)

       Pub. L. 91–605, § 107, substituted “any officer or employee in the executive branch of the Federal Government” for “any officer or employee of any department, agency, or instrumentality of the executive branch of the Federal Government”

    2. Substituted · 23 U.S.C. § 101(c)

       Pub. L. 91–605, § 107, substituted “Highway Trust Fund” for “highway trust fund”

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 91–605, § 107, substituted “any officer or employee in the executive branch of the Federal Government” for “any officer or employee of any department, agency, or instrumentality of the executive branch of the Federal Government” and “Highway Trust Fund” for “highway trust fund”.

    Enacted provision · exact public law section
    Sec. 107. prohibition or impoundment of apportionments and division of funds Subsections (c) and (d) of section 101 of title 23, United 82 Stat. 822. States Code, are amended to read as follows: “(c) It is the sense of Congress that under existing law no part of any stuns authorized to be appropriated for expenditure upon any Federal-aid system which has been apportioned pursuant to the provisions of this title shall be impounded or withheld from obligation, for purposes and projects as provided in this title, by any officer or employee in the executive branch of the Federal Government, except such specific sums as may be determined by the Secretary of the Treasury, after consultation with the Secretary of Transportation, are necessary to be withheld from obligation for specific periods of time to assure that sufficient amounts will be available in the Highway Trust Fund to defray the expenditures which will be required to be made from such fund. “(d) No funds authorized to be appropriated from the Highway Trust Fund shall be expended by or on behalf of any Federal department, agency, or instrumentality other than the Federal Highway Administration unless funds for such expenditure are identified and included as a line item in an appropriation Act and are to meet obligations of the United States heretofore or hereafter incurred under this title attributable to the construction of Federal-aid highways or highway planning, research, or development, or as otherwise specifically authorized to be appropriated from the Highway Trust Fund by Federal-aid highway legislation.”

13. 1970

    Federal-Aid Highway Act of 1970

    Pub. L. 91–605 § 107 · 84 Stat. 1713

    Substituted · 23 U.S.C. § 101(d)

    Pub. L. 91–605, § 107, substituted provisions prohibiting expenditure of funds from the Highway Trust Fund by any department other than the Federal Highway Administration unless these funds are identified and included as a line item in an appropriation Act and are to meet obligations incurred under this title attributable to the construction of Federal aid highways or for planning, research, or development, or as otherwise specifically authorized to be appropriated from the Highway Trust Fund by Federal-aid highway legislation for provisions expressing essentially the same prohibitions but permitting expenditures to meet obligations incurred under this title attributable to Federal-aid highways, and contracted for in accordance with the Act of March 4, 1915, as amended [section 686 of Title 31, Money and Finance], relating to work or services not usually performed by the Federal Highway Administration, or relating to the furnishing of materials, supplies or equipment, and expenditures specifically identified in the budget and included in an appropriation Act

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 91–605, § 107, substituted provisions prohibiting expenditure of funds from the Highway Trust Fund by any department other than the Federal Highway Administration unless these funds are identified and included as a line item in an appropriation Act and are to meet obligations incurred under this title attributable to the construction of Federal aid highways or for planning, research, or development, or as otherwise specifically authorized to be appropriated from the Highway Trust Fund by Federal-aid highway legislation for provisions expressing essentially the same prohibitions but permitting expenditures to meet obligations incurred under this title attributable to Federal-aid highways, and contracted for in accordance with the Act of March 4, 1915, as amended [section 686 of Title 31, Money and Finance], relating to work or services not usually performed by the Federal Highway Administration, or relating to the furnishing of materials, supplies or equipment, and expenditures specifically identified in the budget and included in an appropriation Act.

    Enacted provision · exact public law section
    Sec. 107. prohibition or impoundment of apportionments and division of funds Subsections (c) and (d) of section 101 of title 23, United 82 Stat. 822. States Code, are amended to read as follows: “(c) It is the sense of Congress that under existing law no part of any stuns authorized to be appropriated for expenditure upon any Federal-aid system which has been apportioned pursuant to the provisions of this title shall be impounded or withheld from obligation, for purposes and projects as provided in this title, by any officer or employee in the executive branch of the Federal Government, except such specific sums as may be determined by the Secretary of the Treasury, after consultation with the Secretary of Transportation, are necessary to be withheld from obligation for specific periods of time to assure that sufficient amounts will be available in the Highway Trust Fund to defray the expenditures which will be required to be made from such fund. “(d) No funds authorized to be appropriated from the Highway Trust Fund shall be expended by or on behalf of any Federal department, agency, or instrumentality other than the Federal Highway Administration unless funds for such expenditure are identified and included as a line item in an appropriation Act and are to meet obligations of the United States heretofore or hereafter incurred under this title attributable to the construction of Federal-aid highways or highway planning, research, or development, or as otherwise specifically authorized to be appropriated from the Highway Trust Fund by Federal-aid highway legislation.”

14. 1973

    Federal-Aid Highway Act of 1973

    Pub. L. 93–87 § 105(1) · 87 Stat. 250

    Substituted · 23 U.S.C. § 101(a)

    Pub. L. 93–87, § 105(1), in definition of “construction”, substituted “National Oceanic and Atmospheric Administration” for “Coast and Geodetic Survey” and extended definition to include improvements which directly facilitate and control traffic flow, such as grade separation of intersections, widening of lanes, channelization of traffic, traffic control systems, and passenger loading and unloading areas

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 93–87, § 105(1), in definition of “construction”, substituted “National Oceanic and Atmospheric Administration” for “Coast and Geodetic Survey” and extended definition to include improvements which directly facilitate and control traffic flow, such as grade separation of intersections, widening of lanes, channelization of traffic, traffic control systems, and passenger loading and unloading areas.

    Enacted provision · exact public law section
    (1) The definition of the term “construction” is amended to read as follows: “The term ‘construction’ means the supervising, inspecting, actual building, and all expenses incidental to the construction or reconstruction of a highway, including locating, surveying, and mapping (including the establishment of temporary and permanent geodetic markers in accordance with specifications of the National Oceanic and Atmospheric Administration in the Department of Commerce), acquisition of rights-of-way, relocation assistance, elimination of hazards of railway grade crossings, acquisition of replacement housing sites, acquisition and rehabilitation, relocation, and construction of replacement housing, and improvements which directly facilitate and control traffic flow, such as grade separation of intersections, widening of lanes, channelization of traffic, traffic control systems, and passenger loading and unloading areas.”

15. 1973

    Federal-Aid Highway Act of 1973

    Pub. L. 93–87 § 105(3) · 87 Stat. 250

    Substituted · 23 U.S.C. § 101(a)

    Pub. L. 93–87, § 105(3), in definition of “Indian reservation roads and bridges”, substituted “approval of the Federal Government, or Indian and Alaska Native villages, groups, or communities in which Indians and Alaskan Natives reside, whom the Secretary of the Interior has determined are eligible for services generally available to Indians under Federal laws specifically applicable to Indians” for “approval of the Federal Government on which Indians reside whom the Secretary of the Interior has determined to be eligible for services generally available to Indians under Federal laws specifically applicable to Indians”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 93–87, § 105(3), in definition of “Indian reservation roads and bridges”, substituted “approval of the Federal Government, or Indian and Alaska Native villages, groups, or communities in which Indians and Alaskan Natives reside, whom the Secretary of the Interior has determined are eligible for services generally available to Indians under Federal laws specifically applicable to Indians” for “approval of the Federal Government on which Indians reside whom the Secretary of the Interior has determined to be eligible for services generally available to Indians under Federal laws specifically applicable to Indians”.

    Enacted provision · exact public law section
    (3) The definition of the term “Indian reservation roads and bridges” is amended to read as follows: “The term ‘Indian reservation roads and bridges’ means roads and bridges that are located within or provide access to an Indian reservation or Indian trust land or restricted Indian land which is not: subject to fee title alienation without the approval of the Federal Government, or Indian and Alaska Native villages, groups, or communities in which Indians and Alaskan Natives reside, whom the Secretary of the Interior has determined are eligible for services generally available to Indians under Federal laws specifically applicable to Indians.”

16. 1973

    Federal-Aid Highway Act of 1973

    Pub. L. 93–87 § 152(1) · 87 Stat. 250

    Substituted · 23 U.S.C. § 101(a)

    Pub. L. 93–87, § 152(1), in definition of “Secretary”, substituted “Secretary of Transportation” for “Secretary of Commerce”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 93–87, § 152(1), in definition of “Secretary”, substituted “Secretary of Transportation” for “Secretary of Commerce”.

    Enacted provision · exact public law section
    (1) Section 101 (a) is amended by striking out “Secretary of Commerce” and inserting in lieu thereof “Secretary of Transportation”.

17. 1973

    Federal-Aid Highway Act of 1973

    Pub. L. 93–87 § 105(4) · 87 Stat. 250

    Amended · 23 U.S.C. § 101(a)

    Pub. L. 93–87, § 105(4), in definition of “urbanized area”, provided for boundaries of the “urbanized area” to be fixed by responsible State and local officials in cooperation with each other, subject to approval by the Secretary, and required such boundaries, as a minimum, to encompass the entire urbanized area within a State as designated by the Bureau of the Census

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 93–87, § 105(4), in definition of “urbanized area”, provided for boundaries of the “urbanized area” to be fixed by responsible State and local officials in cooperation with each other, subject to approval by the Secretary, and required such boundaries, as a minimum, to encompass the entire urbanized area within a State as designated by the Bureau of the Census.

    Enacted provision · exact public law section
    (4) The definition of “urbanized area” is amended to read as follows: “The term ‘urbanized area’ means an area so designated by the Bureau of the Census, within boundaries to be fixed by responsible State and local officials in cooperation with each other, subject to approval by the Secretary. Such boundaries shall, as a minimum, encompass the entire urbanized area within a State as designated by the Bureau of the Census.”

18. 1973

    Federal-Aid Highway Act of 1973

    Pub. L. 93–87 § 105(2) · 87 Stat. 250

    Substituted · 23 U.S.C. § 101(a)

    Pub. L. 93–87, § 105(2), in definition of “urban area”, substituted “an urbanized area or, in the case of an urbanized area encompassing more than one State, that part of the urbanized area in each such State, or an urban place as designated by the Bureau of the Census having a population of five thousand or more and not within any urbanized area, within boundaries to be fixed by responsible State and local officials in cooperation with each other, subject to approval by the Secretary” for “an area including and adjacent to a municipality or other urban place having a population of five thousand or more, as determined by the latest available Federal census, within boundaries to be fixed by a State highway department subject to the approval of the Secretary”, and required such boundaries, as a minimum, to encompass the entire urban place designated by the Bureau of the Census

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 93–87, § 105(2), in definition of “urban area”, substituted “an urbanized area or, in the case of an urbanized area encompassing more than one State, that part of the urbanized area in each such State, or an urban place as designated by the Bureau of the Census having a population of five thousand or more and not within any urbanized area, within boundaries to be fixed by responsible State and local officials in cooperation with each other, subject to approval by the Secretary” for “an area including and adjacent to a municipality or other urban place having a population of five thousand or more, as determined by the latest available Federal census, within boundaries to be fixed by a State highway department subject to the approval of the Secretary”, and required such boundaries, as a minimum, to encompass the entire urban place designated by the Bureau of the Census.

    Enacted provision · exact public law section
    (2) The definition of the term “urban area” is amended to read as follows: “The term ‘urban area’ means an urbanized area or, in the case of an urbanized area encompassing more than one State, that part of the urbanized area in each such State, or an urban place as designated by the Bureau of the Census having a population of five thousand or more and not within any urbanized area, within boundaries to be fixed by responsible State and local officials in cooperation with each other, subject to approval by the Secretary. Such boundaries shall, as a minimum, encompass the entire urban place designated by the Bureau of the Census.”

19. 1973

    Federal-Aid Highway Act of 1973

    Pub. L. 93–87 title I · 87 Stat. 250

    1. Substituted · 23 U.S.C. § 101(b)

       Pub. L. 93–87, §§ 106(a), 107, extended time for completion of the National System of Interstate and Defense Highways, substituting in second par. “twenty-three years” and “June 30, 1979” for “twenty years” and “June 30, 1976”

    2. Inserted · 23 U.S.C. § 101(b)

       Pub. L. 93–87, §§ 106(a), 107, extended time for completion of the National System of Interstate and Defense Highways, inserted third par. declaratory of national policy, since the Interstate System is now in the final phase of completion, that increased emphasis be placed on the construction and reconstruction of the other Federal-aid systems in accordance with the first par. of subsec. (b), in order to bring all of the Federal-aid systems up to standards and to increase the safety of these systems to the maximum extent

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 93–87, §§ 106(a), 107, extended time for completion of the National System of Interstate and Defense Highways, substituting in second par. “twenty-three years” and “June 30, 1979” for “twenty years” and “June 30, 1976”, and inserted third par. declaratory of national policy, since the Interstate System is now in the final phase of completion, that increased emphasis be placed on the construction and reconstruction of the other Federal-aid systems in accordance with the first par. of subsec. (b), in order to bring all of the Federal-aid systems up to standards and to increase the safety of these systems to the maximum extent.

    Enacted provision · exact public law
    TITLE I Sec. 101. short title This title may be cited as the “Federal-Aid Highway Act of 1973”. Sec. 102. revision of authorization for appropriations for the interstate system Subsection (b) of section 108 of the Federal-Aid Highway 82 Stat. 815; 84 Stat. 1714. 23 USC 101 note. Act of 1956, as amended, is amended by striking out “the additional sum of $4,000,000,000 for the fiscal year ending June 30, 1974, the additional sum of $4,000,000,000 for the fiscal year ending June 30, 1975, and the additional sum of $4,000,000,000 for the fiscal year ending June 30, 1976”, and by inserting in lieu thereof the following: “the additional sum of $2,600,000,000 for the fiscal year ending June 30, 1974, the additional sum of $3,000,000,000 for the fiscal year ending June 30, 1975, the additional sum of $3,000,000,000 for the fiscal year ending June 30, 1976, the additional sum of $3,250,000,000 for the fiscal year ending June 30, 1977, the additional sum of $3,250,000,000 for the fiscal year ending June 30, 1978, and the additional sum of $3,250,000,000 for the fiscal year ending June 30, 1979.” Sec. 103. authorization of use of cost estimates for apportionment of interstate funds The Secretary of Transportation shall apportion for the fiscal years ending June 30, 1974, June 30, 1975, and June 30, 1976, the sums authorized to be appropriated for such years for expenditures on the National System of Interstate and Defense Highways, using the apportionment, factors contained in table 5, of House Public Works Committee Print Numbered 92–29, as revised in House Report Numbered 92–1443. Sec. 104. highway authorizations (a) For the purpose of carrying out the provisions of title 23, United States Code, the following sums are hereby authorized 72 Stat. 885. 23 USC 101 et seq. to be appropriated: (1) For the Federal-aid primary system in rural areas, out of the Highway Trust Fund, $680,000,000 for the fiscal year ending June 30, 1974, $700,000,000 for the fiscal year ending June 30, 1975, and $700,000,000 for the fiscal year ending June 30, 1976. For the Federal-aid secondary system in rural areas, out of Highway Trust Fund, $390,000,000 for the fiscal year ending June 30, 1974, $400,000,000 for the fiscal year ending June 30, 1975, and $400,000,000 for the fiscal year ending June 30, 1976. (2) For the Federal-aid urban system, out of the Highway Trust Fund, $780,000,000 for the fiscal year ending June 30, 1974, $800,000,000 for the fiscal year ending June 30, 1975, and $800,000,000 for the fiscal year ending June 30, 1976. For the extensions of the Federal-aid primary and secondary systems in urban areas, out of the Highway Trust Fund $290,000,000 for the fiscal year ending June 30, 1974, $300,000,000 for the fiscal year ending June 30, 1975, and $300,000,000 for the fiscal year ending June 30, 1976. (3) For forest highways, out of the Highway Trust Fund $33,000,000 for the fiscal year ending June 30, 1974, $33,000,000 for the fiscal year ending June 30, 1975, and $33,000,000 for the fiscal year ending June 30, 1976. (4) For public lands highways, out of the Highway Trust Fund, $16,000,000 for the fiscal year ending June 30, 1974, $16,000,000 for the fiscal year ending June 30, 1975, and $16,000,000 for the fiscal year ending June 30, 1976. (5) For forest development roads and trails, $140,000,000 for the fiscal year ending June 30, 1974, $140,000,000 for the fiscal year ending June 30, 1975, and $140,000,000 for the fiscal year ending June 30, 1976. (6) For public lands development roads and trails, $10,000,000 for the fiscal year ending June 30, 1974, $10,000,000 for the fiscal year ending June 30, 1975, and $10,000,000 for the fiscal year ending June 30, 1976. (7) For park roads and trails, $30,000,000 for the fiscal year ending June 30, 1974, $30,000,000 for the fiscal year ending June 30, 1975, and $30,000,000 for the fiscal year ending June 30, 1976. (8) For parkways, $60,000,000 for the fiscal year ending June 30, 1974, $75,000,000 for the fiscal year ending June 30, 1975, and $75,000,000 for the fiscal year ending June 30, 1976, except that the entire cost of any parkway project on any Federal-aid system paid under the authorization contained in this paragraph shall be paid from the Highway Trust Fund. (9) For Indian reservation roads and bridges. $75,000,000 for the fiscal year ending June 30, 1974, $”5,000,000 for the fiscal year ending June 30, 1975, and $75,000,000 for the fiscal year ending June 30, 1976. (10) For economic growth center development highways under section Post, p. 261. 143 of title 23, United States Code, out of the Highway Trust Fiend, $50,000,000 for the fiscal year ending June 30, 1974, $75,000,000 for the fiscal year ending June 30, 1975, and $100,000,000 for the fiscal year ending, June 30, 1976, (11) For necessary administrative expenses in carrying out section 79 Stat. 1028, 1030, 1032; 82 Stat. 817, 818. 131, section 136, and section 319(b) of title 23, United States Code, $1,500,000 for the fiscal year ending June 30, 1974, $1,500,000 for the fiscal year ending June 30, 1975, and $1,500,000 for the fiscal year ending June 30, 1976, (12) For carrying out section 215(a) of title 23, United States 84 Stat. 1720 Code— (A) for the Virgin Islands, not to exceed $5,000,000 for the fiscal year ending June 30, 1974, not to exceed $5,000,000 for the fiscal year ending June 30, 1975, and not to exceed $5,000,000 for the fiscal year ending June 30, 1976. (B) for Guam not to exceed $2,000,000 for the fiscal year ending June 30, 1974, not to exceed $2,000,000 for the fiscal year ending June 30, 1975, and not to exceed $2,000,000 for the fiscal year ending June 30, 1976. (C) for American Samoa not to exceed $1,000,000 for the fiscal year ending June 30, 1974, not to exceed $1,000,000 for the fiscal year ending June 30, 1975, and not to exceed $1,000,000 for the fiscal year ending June 30, 1976. Sums authorized by this paragraph shall be available for obligation at the beginning of the fiscal year for which authorized in the same manner and to the same extent as if such sums were apportioned 72 Stat. 885. 23 USC 101. under chapter 1 of title 23, United States Code. (13) Nothing in the first ten paragraphs or in paragraph (12) of this section shall be construed to authorize the appropriation of any sums to carry out section 131, 136, 319(b), or chapter 4 of title 23, United States Code. 80 Stat. 731 . 23 USC 401. (14) For each of the fiscal years 1974, 1975, and 1976, no State shall receive less than one-half of 1 per centum of the total apportionment for the Interstate System under paragraph (5) of subsection (b) of Post, p. 254. section 104 of title 23, United States Code. Whenever such amounts made available for the Interstate System in any State exceed the cost of completing that State’s portion of the Interstate System, the excess amount shall be transferred to and added to the amounts apportioned to such State under paragraphs (1), (2), (3), and (6) of subsection Post, p. 256. (b) of section 104 of title 23, United States Code, in the ratio which these respective amounts bear to each other in that State. For the purpose of carrying out this subsection, there are authorized to be appropriated out of the Highway Trust Fund not to exceed $50,000,000 for the fiscal year ending June 30, 1974, $50,000,000 for the fiscal year ending June 30, 1975, and $50,000,000 for the fiscal year ending June 30, 1976.. It is the sense of the Congress that this subsection is an interim provision to be reconsidered at the expiration of this authorization. Sec. 105. definitions Subsection (a) of section 101 of title 23 of the United States Code is amended as follows: 72 Stat. 885; 84 Stat. 1716. (1) The definition of the term “construction” is amended to read as follows: “The term ‘construction’ means the supervising, inspecting, actual building, and all expenses incidental to the construction or reconstruction of a highway, including locating, surveying, and mapping (including the establishment of temporary and permanent geodetic markers in accordance with specifications of the National Oceanic and Atmospheric Administration in the Department of Commerce), acquisition of rights-of-way, relocation assistance, elimination of hazards of railway grade crossings, acquisition of replacement housing sites, acquisition and rehabilitation, relocation, and construction of replacement housing, and improvements which directly facilitate and control traffic flow, such as grade separation of intersections, widening of lanes, channelization of traffic, traffic control systems, and passenger loading and unloading areas.” (2) The definition of the term “urban area” is amended to read as follows: “The term ‘urban area’ means an urbanized area or, in the case of an urbanized area encompassing more than one State, that part of the urbanized area in each such State, or an urban place as designated by the Bureau of the Census having a population of five thousand or more and not within any urbanized area, within boundaries to be fixed by responsible State and local officials in cooperation with each other, subject to approval by the Secretary. Such boundaries shall, as a minimum, encompass the entire urban place designated by the Bureau of the Census.” (3) The definition of the term “Indian reservation roads and bridges” is amended to read as follows: “The term ‘Indian reservation roads and bridges’ means roads and bridges that are located within or provide access to an Indian reservation or Indian trust land or restricted Indian land which is not: subject to fee title alienation without the approval of the Federal Government, or Indian and Alaska Native villages, groups, or communities in which Indians and Alaskan Natives reside, whom the Secretary of the Interior has determined are eligible for services generally available to Indians under Federal laws specifically applicable to Indians.” (4) The definition of “urbanized area” is amended to read as follows: “The term ‘urbanized area’ means an area so designated by the Bureau of the Census, within boundaries to be fixed by responsible State and local officials in cooperation with each other, subject to approval by the Secretary. Such boundaries shall, as a minimum, encompass the entire urbanized area within a State as designated by the Bureau of the Census.” Sec. 106. extension of time for completion of system (a) The second paragraph of section 101(b) of title 23, 84 Stat. 1714. United States Code, is amended by striking out “twenty years” and inserting in lieu thereof “twenty-three years” and by striking out “June 30, 1976”, and inserting in lieu thereof “June 30, 1979”. (b) (1) The introductory phrase and the second and third sentences of section 104(b) (5) of title 23, United States Code, are amended by striking out “1976” each place it appears and inserting in lieu thereof at each such place “1979”. (2) The last four sentences of such section 104(b) (5) are amended to read as follows: “Upon the approval by Congress, the Secretary shall use the Federal share of such approved estimate in making apportionments for the fiscal years ending June 30, 1974, June 30, 1975, Cost estimates transmittal to Congress. and June 30, 1976. The Secretary shall make a revised estimate of the cost of completing the then designated Interstate System after taking into account all previous apportionments made under this section in the same manner as stated above, and transmit the same to the Senate and the House of Representatives within ten days subsequent to January 2, 1975. Upon the approval by Congress, the Secretary shall use the Federal share of such approved estimate in making apportionments for the fiscal years ending June 30, 1977, and June 30, 1978. The Secretary shall make a revised estimate of the cost of completing the then designated Interstate System after taking into account all previous apportionments made under this section in the same manner as stated above, and transmit the same to the Senate and the House of Representatives within ten days subsequent to January 2, 1977. Upon the approval by Congress, the Secretary shall use the Federal share of such approved estimates in making apportionments for the fiscal year ending June 30, 1979. Whenever the Secretary, pursuant to this subsection, requests and receives estimates of cost from the State highway departments, he shall furnish copies of such estimates at the same time to the Senate and the House of Representatives.” Sec. 107. declaration of policy Subsection (b) of section 101 of title 23, United States 72 Stat. 885. Code, is amended by adding at the end thereof the following new paragraph: “It is further declared that since the Interstate System is now in the final phase of completion it shall be the national policy that increased emphasis be placed on the construction and reconstruction of the other Federal-aid systems in accordance with the first paragraph of this subsection, in order to bring all of the Federal-aid systems up to standards and to increase the safety of these systems to the maximum extent.” Sec. 108. minimization of redtape Section 101 of title 23 of the United States Code is amended 72 Stat. 885; 84 Stat. 1718. by adding at the end thereof the following new subsection: “(e) It is the national policy that to the maximum extent possible the procedures to be utilized by the Secretary and all other affected heads of Federal departments, agencies, and instrumentalities for carrying out this title and any other provision of law relating to the Federal highway programs shall encourage the substantial minimization of paperwork and interagency decision procedures and the best use of available manpower and funds so as to prevent needless duplication and unnecessary delays at all levels of government.” Sec. 109. federal-aid urban system (a) Subsection (d) of section 103 of title 23, United States Code, is amended by striking the first, second, third, fourth, and fifth 84 Stat. 1716; Post, p. 274. sentences and inserting in lieu thereof the following: “The Federal-aid urban system shall be established in each urbanized area, and in such other urban areas as the State highway department may designate. The system shall be so located as to serve the major centers of activity, and shall include high traffic volume arterial and collector routes, including access roads to airports and other transportation terminals. No route on the Federal-aid urban system shall also be a route on any other Federal-aid system. Each route of the system to the extent feasible shall connect with another route on a Federal-aid system. Routes on the Federal-aid urban system shall be selected by the appropriate local officials so as to serve the goals and objectives of the community, with the concurrence of the State highway departments, and. in urbanized areas, also in accordance with the planning process under section 134 of this title. Designation of the Federal-aid 76 Stat. 1148; 84 Stat. 1 737. urban system shall be subject to the approval of the Secretary as provided in subsection (f) of this section.” “(b) Subsection (d) of section 105 of title 23, United States Code, 84 Stat. 1717. is amended to read as follows: “(d) In approving programs for projects on the Federal-aid urban system, the Secretary shall require that such projects be selected by the appropriate local officials with the concurrence of the State highway department of each State and, in urbanized areas, also in accordance with the planning process required pursuant to section 134 of this title.” Sec. 110. removal of designated segments of the interstate system (a) Section 103(g) of title 23, United States Code, is 84 Stat. 1729. amended to read as follows: “(g) The Secretary, on July 1, 1974, shall remove from designation as a part of the Interstate System each segment of such system for which a State has not notified the Secretary that such State intends to construct such segment, and which the Secretary finds is not essential to completion of a unified and connected Interstate System. Any segment of the Interstate System, with respect to which a State has not submitted by July 1, 1975, a schedule for the expenditure of funds for completion of construction of such segment or alternative segment within the period of availability of funds authorized to be appropriated for completion of the Interstate System, and with respect to which the State has not provided the Secretary with assurances satisfactory to him that such schedule will be met, shall be removed from designation as a part of the Interstate System. No segment of the Interstate System removed under the authority of the preceding sentence shall thereafter be designated as a part of the Interstate System except as the Secretary finds necessary in the interest of national defense or for other reasons of national interest. This subsection shall not be applicable to any segment of the Interstate System referred to in section 82 Stat. 827. D.C. Code 7–135 note. 72 Stat. 887; Ante, p. 255. 23(a) of the Federal-Aid Highway Act of 1968.” (b) Section 103 of title 23, United States Code, is amended by adding at the end thereof the following new subsection: “(h) Notwithstanding subsections (e)(2) and (g) of this section, in any case where a segment of the Interstate System was a designated part of such System on June 1, 1973, and is entirely within the boundaries of an incorporated city and such city enters into an agreement with the Secretary to pay all non-Federal costs of construction of such segment, such segment shall be constructed.” (c) The amendments made by subsections (a) and (b) of this section shall take effect June 30, 1973. Sec. 111. apportionment (a) Section 104 of title 23, United States Code, is amended as follows: (1) Paragraphs (1) and (2) of subsection (b) are amended by striking the words “star routes” each time they appear and inserting in lieu thereof “intercity mail routes where service is performed by motor vehicles”. (2) Paragraph (1) of subsection (b) is amended by striking out “one-third in the ratio which the population of each State bears to the total population of all the States” and inserting in lieu thereof the following: “one-third in the ratio which the population of rural areas of each State bears to the total population of rural areas of all the States”. The last sentence of such paragraph is amended by inserting “(other than the District of Columbia)” immediately after “No State”. (3) Paragraph (2) of subsection (b) is amended by striking out “one-third in the ratio which the rural population of each State bears to the total rural population of all the States” and inserting in lieu thereof the following: “one-third in the ratio which the population of rural areas of each State bears to the total population of rural areas of all of the States”. The last sentence or such paragraph is amended by inserting “(other than the District of Columbia)” immediately after “No State”. (4) Paragraph (6) of subsection (b) is amended by striking the word “urbanized” wherever it appears and inserting in lieu thereof “urban”, and by adding at the end thereof the following: “No State shall receive less than one-half of 1 per centum of each year’s apportionment.” (5) Subsection (c) is amended by striking out “20 per centum” in each of the two places it appears and inserting in lieu thereof in each such place the following: “40 per centum” and by striking out “paragraph (1), (2), or (3)” and inserting in lieu thereof “paragraph (1) or (2)”. (6) Subsection (d) is amended to read as follows: “(d) Not more than 40 per centum of the amount apportioned in any fiscal year to each State in accordance with paragraph (3) or (6) of subsection (b) of this section may be transferred from the apportionment under one paragraph to the apportionment under the other paragraph if such transfer is requested by the State highway department and is approved by the Governor of such State and the Secretary as being in the public interest. Funds apportioned in accordance with paragraph (6) of subsection (b) of this section shall not be transferred from their allocation to any urbanized area of 200,000 population or more under section 150 of this title, without the approval of the local officials of such urbanized area. The total of such transfers shall not increase the original apportionment under either of such paragraphs by more than 40 per centum.” (7) The last sentence of subsection (c) is hereby repealed. Repeal. 72 Stat. 891. 23 USC 104. (b) Notwithstanding the amendments made by subsection (a) of this section, no State (other than the District of Columbia) shall receive an apportionment for the primary system which is less than the apportionment which such State received for such system for the fiscal year ending June 30, 1973. In order to carry out this subsection, there Additional appropriations. is authorized to be appropriated out of the Highway Trust Fund for the Federal-aid primary system, an additional $17,000,000 for the fiscal year ending June 30, 1974, and $15,000,000 per fiscal year for the fiscal years ending June 30, 1975, and June 30, 1976. Sec. 112. apportionment of planning funds Subsection (f) of section 104 of title 23, United States Code, is amended to read as follows: 84 Stat. 1717. “(f) (1) On or before January 1 next preceding the commencement of each fiscal year, the Secretary, after making the deduction authorized by subsection (a) of this section, shall set aside not to exceed one-half per centum of the remaining funds authorized to be appropriated for expenditure upon the Federal-aid systems, for the purpose of carrying out the requirements of section 134 of this title. 76 Stat. 1148; 84 Stat. 1737. 23 USC 134. “(2) These funds shall be apportioned to the States in the ratio which the population in urbanized areas or parts thereof, in each State bears to the total population in such urbanized areas in all the States as shown by the latest available census, except that no State shall receive less than one-half per centum of the amount apportioned. “(3) The funds apportioned to any State under paragraph (2) of this subsection shall be made available by the State to the metropolitan planning organizations designated by the State as being responsible for carrying out the provisions of section 134 of this title. These funds shall be matched in accordance with section 120 of this title unless the 72 Stat. 898. 23 USC 120. Secretary determines that the interests of the Federal-aid highway program would be best served without such matching. “(4) The distribution within any State of the planning funds made available to agencies under paragraph (3) of this subsection shall be. in accordance with a formula developed by each State and approved by the Secretary which shall consider but not necessarily be limited to, population, status of planning, and metropolitan area transportation needs.” Sec. 113. advance acquisition of rights-of-way (a) The last sentence of subsection (a) of section 108 of title 23, United States Code, is amended by striking out “seven years” 73 Stat. 62. and inserting in lieu thereof “ten years”. (b) The first sentence of paragraph (3) of subsection (c) of section 108 of title 23, United States Code, is amended by striking out “seven 82 Stat. 818. years” and inserting in lieu thereof “ten years”. Sec. 114. noise level standards Subsection (i) of section 109 of title 23. United States Code, is amended by adding at the end thereof the following: “The 84 Stat. 1735. Secretary, after consultation with the Administrator of the Environmental Protection Agency and appropriate Federal, State, and local officials, may promulgate standards for the control of highway noise levels for highways on any Federal-aid system for which project approval has been secured prior to July 1, 1972. The Secretary may approve any project on a Federal-aid system to which noise-level standards are made applicable under the preceding sentence for the purpose of carrying out such standards. Such project may include, but is not limited to, the acquisition of additional rights-of-way, the construction of physical barriers, and landscaping. Sums apportioned for the Federal-aid system on which such project will be located shall be available to finance the Federal share of such project. Such project shall be deemed a highway project for all purposes of this title.” Sec. 115. signs on project site The last, sentence of subsection (a) of section 114 of title 74 Stat. 525. 23, United States Code, is amended to read as follows: “After July 1, 1973, the State highway department shall not erect on any project where actual construction is in progress and visible to highway users any informational signs other than official traffic control devices conforming with standards developed by the Secretary of Transportation.” Sec. 116. certification acceptance (a) Section 117 of title 23 of the United States Code is amended to read as follows: “§ 117. Certification acceptance “(a) The Secretary may discharge any of his responsibilities under this title relative to projects on Federal-aid systems, except the Interstate System, upon the request of any State, by accepting a certification by the State highway department, or that department, commission, board, or official of any State charged by its laws with the responsibility for highway construction, of its performance of such responsibilities, if he finds such projects will be carried out in accordance with State laws, regulations, directives, and standards establishing requirements at least equivalent to those contained in, or issued pursuant to, this title. “(b) The Secretary shall make a final inspection of each such project upon its completion and shall require an adequate report of the estimated, and actual, cost of construction as well as such other information as he determines necessary. “(c) The procedure authorized by this section shall be an alternative to that otherwise prescribed in this title. The Secretary shall promulgate such guidelines and regulations as may be necessary to carry out this section. “(d) Acceptance by the Secretary of a State’s, certification under this section may be rescinded by the Secretary at any time if, in his opinion, it is necessary to do. “(e) Nothing in this section shall affect or discharge any responsibility or obligation of the Secretary under any Federal law, including the National Environmental Policy Act of 1969 (42 U.S.C. 4321, et 83 Stat. 852.   82 Stat. 824.   78 Stat. 252. 42 USC 2000d. 82 Stat. 81. 84 Stat. 1894. seq.), section 4(f) of the Department of Transportation Act (49 U.S.C. 1653(f)), title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000(d), et seq.), title VIII of the Act of April 11, 1968 (Public Law 90–284,42 U.S.C. 3601 et seq.), and the Uniform Relocation Assistance and Land Acquisition Policies Act of 1970 (42 U.S.C. 4601, et seq.), other than this title.” (b) The analysis of chapter 1, of title 23, United States Code, is amended by striking out “117. Secondary road responsibilities.” and inserting in lieu thereof the following: “117. Certification acceptance.”. Sec. 117. materials at off-site locations Section 121(a) of title 23 of the United States Code is 72 Stat. 899. amended by inserting after the period at the end thereof the following: “Such payments may also be made in the case of any such materials not in the vicinity of such construction if the Secretary determines that because of required fabrication at an off-site location the materials cannot be stockpiled in such vicinity.” Sec. 118. toll roads, bridges, tunnels, and ferries (a) After the second sentence of section 129(b) of title 23, United States Code, insert the following: “When any such toll road 72 Stat. 902; 82 Stat. 829. which the Secretary has approved as a part of the Interstate System is made a toll-free facility, Federal-aid highway funds apportioned under section 104(b) (5) of this title may tie expended for the construction, Ante, p. 254. reconstruction, or improvement of that road to meet the standards adopted for the improvement of projects located on the Interstate System.” (b) The first sentence of subsection (e) of section 129, title 23. United States Code, is amended by striking out “on the date of enactment 84 Stat. 1732. of this subsection”. The third sentence of subsection (e) of section 129 of title 23, United States Code, is amended by striking out “1968” and inserting in lieu thereof “1973”. Sec. 119. urban area traffic operations improvement programs Subsection (c) of section 135 of title 23, United States Repeal. 82 Stat. 820. Code, is hereby repealed and existing subsection (d) is relettered as subsection (c), including any references thereto. Sec. 120. training programs Subsection (b) of section 140 of title 23, United States Code, is amended by striking out in the second sentence “and 1973,” 84 Stat. 1719 and inserting in lieu thereof “, 1973, 1974, 1975, and 1976,” and by striking out “$5,000,000 per fiscal year” and inserting in lieu thereof “$5,000,000 per fiscal year for the fiscal years 1972 and 1973, and $10,000,000 per fiscal year for the fiscal years 1974, 1975, and 1976,”. Sec. 121. public transportation (a) Section 142 of title 23, United States Code, is amended 84 Stat. 1719. to read as follows: “§ 142. Public Transportation “(a) (1) To encourage the development, improvement, and use of public mass transportation systems operating motor vehicles (other than on rail) on Federal-aid highways for the transportation of passengers (hereafter in this section referred to as ‘buses’), so as to increase the traffic capacity of the Federal-aid systems for the movement of persons, the Secretary may approve as a project on any Federal-aid system the construction of exclusive or preferential bus lanes, highway traffic control devices, bus passenger loading areas and facilities (including shelters), and fringe and transportation corridor parking facilities to serve bus and other public mass transportation passengers, and sums apportioned under section 104(b) of this title Ante, p. 256. shall be available to finance the cost of projects under this paragraph. “(2) In addition to the projects under paragraph (1),the Secretary may, beginning with the fiscal year ending June 30, 1975, approve as a project on the Federal-aid urban system, for payment from sums 84 Stat. 1717; Ante, p. 256. 23 USC 104. apportioned under section 104(b) (6) of this title, the purchase of buses, and, beginning with the fiscal year ending June 30, 1976, approve as a project on the Federal-aid urban system, for payment from sums apportioned under section 104(b) (6) of this title, the construction, reconstruction, and improvement of fixed rail facilities, including the purchase of rolling stock for fixed rail, except that not more than $200,000,000 of all sums apportioned for the fiscal year ending June 30, 1975, under section 104(b)(6) shall be available for the payment of the Federal share of projects for the purchase of buses. “(b) Sums apportioned in accordance with paragraph (5) of subsection Ante, p. 254. (b) of section 104 of this title shall be available, to finance the Federal share of projects for exclusive, or preferential bus, track, and emergency vehicle routes or lanes. Routes constructed under this subsection shall not be subject to the third sentence of section 109(b) of 77 Stat. 277. 23 USC 109. this title. “(c) Whenever responsible local officials of an urbanized area notify the State highway department that, in lieu of a highway project the Federal share of which is to be paid from funds apportioned under section 104(b)(6) of this title for the fiscal years ending June 30, 1974, and June 30, 1975, their needs require a nonhighway public mass transit project involving the construction of fixed rail facilities, or the purchase of passenger equipment, including rolling stock for any mode of mass transit, or both, and the State highway department determines that such public mass transit project is in accordance with the planning 76 Stat. 1148; 84 Stat. 1737, 1738. 23 USC 134. process under section 134 of this title and is entitled to priority under such planning process, such public mass transit, project shall be submitted for approval to the Secretary. Approval of the plans, specifications, and estimates for such project by the Secretary shall be deemed a contractual obligation of the United States for payment out of the general funds of its proportional share of the cost of such project in an amount equal to the Federal share which would have been paid if such project were a highway project under section 120(a) 82 Stat. 835; 84 Stat. 1718. 23 USC 120. of this title. Funds previously apportioned to such State under section 104(b) (6) of this title shall be reduced by an amount equal to such Federal share. “(d) The establishment of routes and schedules of such public mass transportation systems in urbanized areas shall be based upon a continuing comprehensive transportation planning process carried on in accordance with section 134 of this title. “(e) (1) For all purposes of this title, a project authorized by subsection Ante, p. 259.   Highway Trust Fund. 70 Stat. 397. 23 USC 120 note. (a)(1) of this section shall be deemed to be a highway project. “(2) Notwithstanding section 209(f) (1) of the Highway Revenue Act of 1956, the Highway Trust Fund shall be available for making expenditures to meet obligations resulting from projects authorized by subsection (a) (2) of this section and such projects shall be subject to, and governed in accordance with, all provisions of this title applicable to projects on the Federal-aid urban system, except to the extent determined inconsistent by the Secretary. “(3) The Federal share payable on account of projects authorized by subsection (a) of this section shall be that provided in section 120 of this section. “(f) No project authorized by this section shall be approved unless the Secretary of Transportation has received assurances satisfactory to him from the State that public mass transportation systems will fully utilize the proposed project. “(g) In any case where sufficient land exists within the publicly acquired rights-of-way of any Federal-aid highway to accommodate needed rail or nonhighway public mass transit facilities and where this can be accomplished without impairing automotive safety or future highway improvements, the Administrator may authorize a State to make such lands and rights-of-way available without charge to a publicly owned mass transit authority for such purposes wherever he may deem that the public interest will be served thereby. “(h) The provision of assistance under subsection (a) (2) or subsection (c) of this section shall not be construed as bringing within the Ante, p. 259.   80 Stat. 403. 5 USC 1501. application of chapter 15 of title 5, United States Code, any non-supervisory employee of an urban mass transportation system (or of any other agency or entity performing related functions) to whom such chapter is otherwise inapplicable. “(i) Funds available for expenditure to carry out the purposes of subsection (a)(2) and subsection (c) of this section shall he supplementary to and not in substitution for funds authorized and available for obligation pursuant to the Urban Mass Transportation Act of 1964, as amended. 78 Stat. 302. 49 USC 1601 note. 49 USC 1602. “(j) The provisions of section 3(e) (4) of the Urban Mass Transportation Act of 1964, as amended, shall apply in carrying out subsection (a)(2) and subsection (c) of this section. “(k) The Secretary shall not approve any project under subsection (a) (2) of this section in any fiscal year when there has been enacted an Urban Transportation Trust Fund or similar assured funding for both highway and public transportation.” (b) The analysis of chapter 1 of title 23, United States Code, is amended by striking out “142. Urban highway public transportation.” and inserting in lieu thereof the following: “142. Public transportation.”. Sec. 122. economic growth center development highways (a) Section 143 of title 23, United States Code, is amended 84 Stat. 1729. by striking out “demonstration projects” each place it appears and inserting in lieu thereof “projects”, and by striking out “demonstration project” each place it appears and inserting in lieu thereof in each such place “project”, by striking out “the. Federal-aid primary system” in each place it appears and inserting in lieu thereof in each such place “a Federal-aid system (other than the Interstate System)”, and in subsection (d) by striking out “Federal-aid primary highways” and inserting in lieu thereof “highways on the Federal-aid system on which such development highway is located”. (b) Section 143(e) of title 23, United States Code, is amended to read as follows: “(e) Except as otherwise provided in subsection (c) of this section, the Federal share of the cost of any project for construction, reconstruction, or improvement of a development highway under this section shall be the same as that provided under this title for any other project on the Federal-aid system on which such development highway is located.” (c) Section 143(a) of title 23, United States Code, is amended by striking out “to demonstrate the role that highways can play”. Sec. 123. federal-state relationship (a) Chapter 1 of title 23, United States Code, is amended 72 Stat. 885; 84 Stat. 1741. 23 USC 101. by adding at the end thereof the following new section: “§ 145. Federal-State relationship “The authorization of the appropriation of Federal funds or their availability for expenditure under this chapter shall in no way infringe on the sovereign rights of the States to determine which projects shall be federally financed. The provisions of this chapter provide for a federally assisted State program.” (b) The analysis of chapter 1 of title 23, United States Code, is amended by adding at the end thereof the following: “145. Federal-State relationship.” Sec. 124. bicycle transportation and pedestrian walkways (a) Chapter 2 of title 23, United States Code, is amended by adding at the end thereof the following new section: “§ 217. Bicycle transportation and pedestrian walkways “(a) To encourage the multiple use of highway rights-of-way, including the development, improvement, and use of bicycle transportation and the development and improvement of pedestrian walk-ways on or in conjunction with highway rights-of-way, the States may, on Federal-aid highway projects, include to the extent practicable, suitable, and feasible, the construction of separate or preferential bicycle lanes or paths, bicycle traffic control devices, shelters and parking facilities to serve bicycles and persons using bicycles, and pedestrian walkways in conjunction or connection with Federal-aid highways. Sums apportioned in accordance with paragraphs (1), Ante, p. 256; 77 Stat. 276. (2), (3), and (6) of section 104(b) of this title shall be available for bicycle projects and pedestrian walkways authorized under this section and such projects shall be located and designed pursuant to an overall plan which will provide due consideration for safety and contiguous routes. “(b) For all purposes of this title, a bicycle or pedestrian walkway project authorized by subsection (a) of this section shall be deemed to be a highway project, and the Federal share payable on account of such bicycle project, or pedestrian walkway shall be that provided in 72 Stat. 898. 23 USC 120. section 120 of this title. “(c) Funds authorized for forest highways, forest development roads and trails, public lands development roads and trails, park roads and trails, parkways, Indian reservation roads, and public lands highways shall be available, at the discretion of the department charged with the administration of such funds, for the construction of bicycle and pedestrian routes in conjunction with such trails, roads, high ways, and parkways. “(d) No motorized vehicles shall be permitted on trails and walk-ways authorized under this section except for maintenance purposes and, when snow conditions and State or local regulations permit, snowmobiles. “(e) Not more than $40,000,000 of funds authorized to be appropriated in any fiscal year may be obligated for projects authorized by Supra. subsections (a) and (c) of this section, and no State shall obligate more than $2,000,000 for such projects in any fiscal year.” (b) The analysis of chapter 2, title 23, United States Code, is amended by inserting at the end thereof the following: “217. Bicycle transportation and pedestrian walkways.” Sec. 125. special urban high density traffic program (a) Chapter 1 of title 23 of the United States Code is amended by adding at the end thereof the following new section: “§ 146. Special urban high density traffic program “(a) There is hereby authorized to be appropriated out of the Highway Trust Fund $50,000,000 for the fiscal year ending June 30, 1974, $50,000,000 for the fiscal year ending June 30, 1975, and $50,000,000 for the fiscal year ending June 30, 1976, for the construction of highways connected to the Interstate System in portions of urbanized areas with high traffic density. The Secretary shall develop Route designation and fund allocation, guidelines and standards. guidelines and standards for the designation of routes and the allocation of funds for this purpose which include the following criteria: “(1) Routes designated by the Secretary shall not be longer than ten miles. “(2) Routes designated shall serve areas of concentrated population and heavy traffic congestion. “(3) Routes designated shall serve the urgent needs of commercial, industrial, airport, or national defense installations. “(4) Any routes shall connect with existing routes on the Interstate System. “(5) Routes designated under this section shall have been approved through the planning process required under section 134 of this title and determined to be essential by responsible local 76 Stat. 1148; 84 Stat. 1737. 23 USC 134. officials. “(6) A route shall be designated under this section only where the Secretary determines that no feasible or practicable alternative mode of transportation which could meet the needs of the area to be served is now available or could become available in the foreseeable future. “(7) The designation of routes under this section shall comply with section 138 of this title, and no route shall be designated 82 Stat. 823. 23 USC 138. which substantially damages or infringes upon any residential area. “(8) Routes shall be designated by the Secretary on the recommendation of the State and responsible local officials. “(9) No more than one route in any one State shall be designated by the Secretary. “(10) Any route designated by the Secretary under this section must be on a Federal-aid system. “(b) The Federal share payable on account of any project authorized pursuant to this section shall not exceed 90 per centum of the cost of construction of such project.” (b) The table of contents of chapter 1 of title 23 of the United States Code is amended by adding at the end thereof the following: “146. Special urban high density traffic program.” Sec. 126. priority primary routes (a) Chapter 1 of title 23 of the United States Code is Ante, p. 262. amended by adding at the end thereof the following new section: “§ 147. Priority primary routes “(a) High traffic sections of highways on the Federal-aid primary system which connect to the Interstate System shall be selected by each State highway department, in consultation with appropriate local officials, subject to approval by the Secretary, for priority of improvement to supplement the service provided by the Interstate System by furnishing needed adequate traffic collector and distributor facilities. For the purpose of this section such highways shall here-after in this section be referred to as ‘priority primary routes’. “(b) The Federal share of any project on a priority primary route Federal share.   82 Stat. 835; 84 Stat. 1718. 23 USC 120. shall be that provided in section 120(a) of this title. All provisions of this title applicable to the Federal-aid primary system shall be applicable to priority primary routes selected under this section except that one-half of such funds shall be apportioned among the States in accordance with section 104(b) (1) of this title, and one-half shall be Ante, p. 256. apportioned among the States in accordance with section 104(b)(3) 77 Stat. 276. 23 USC 104. of this title. Funds authorized to carry out this section shall be deemed to be apportioned on January 1 next preceding the commencement of the fiscal year for which authorized. “(c) The initial selection of the priority primary routes and the estimated cost of completing such routes shall be reported to Congress on or before July 1, 1974. “(d) There is authorized to be appropriated out of the Highway Trust Fund to carry out this section not to exceed $100,000,000 for the fiscal year ending June 30, 1974, $200,000,000 for the fiscal year ending June 30, 1975, and $300,000,000 for the fiscal year ending June 30, 1970.” (b) The table of contents of chapter 1 of title 23 of the United States Code is amended by adding at the end thereof the following: “147. Priority primary routes.”. Sec. 127. alaska highway (a) (1) Chapter 2 of title 23 of the United States Code is amended by inserting at the end thereof a new section as follows: “§ 218. Alaska Highway “(a) Recognizing the benefits that will accrue to the State of Alaska and to the United States from the reconstruction of the Alaska Highway from the Alaskan border to Haines Junction in Canada and the Haines Cutoff Highway from Haines Junction in Canada to the south Alaskan border, the Secretary is authorized out of the funds appropriated for the purpose of this section to provide for necessary reconstruction of such highway. Such appropriations shall remain available Canada and U.S. agreement requirement. until expended. No expenditures shall be made for the construction of such highways until an agreement has been reached by the Government of Canada and the Government of the United States which shall provide, in part, that the Canadian Government— “(1) will provide, without participation of funds authorized under this title all necessary right-of-way for the reconstruction of such highways, which right-of-way shall forever be held inviolate as a part of such highways for public use; “(2) will not impose any highway toll, or permit any such toll to be charged for the use of such highways by vehicles or persons; “(3) will not levy or assess, directly or indirectly, any fee, tax, or other charge for the use of such highways by vehicles or persons from the United States that does not apply equally to vehicles or persons of Canada; “(4) will continue to grant reciprocal recognition of vehicle registration and drivers’ licenses in accordance with agreements between the United States and Canada; and “(5) will maintain such highways after their completion in proper condition adequately to serve the needs of present and future traffic. “(b) The survey and construction work undertaken pursuant to this Section shall be under the general supervision of the Secretary.” (2) The analysis of chapter 2 of title 23 of the United States Code is amended by adding at the end thereof the following: “218. Alaska Highway.” “(b) For the purpose of completing necessary reconstruction of the Alaska Highway from the Alaskan border to Haines Junction in Canada and the Haines Cutoff Highway from Haines Junction in Canada to the south Alaskan border there is authorized to be appropriated the sum of $58,670,000 to be expended in accordance with the Supra. provisions of section 218 of title 23 of the United States Code. Sec. 128. bridges on federal dams (a) Section 320(d) of title 23, United States Code, is 73 Stat. 613; 84 Stat. 1724. 23 USC 320. amended by striking out “$16,761,000” and inserting in lieu thereof “$25,261,000”. “(b) All sums appropriated under authority of the increased authorization Limitation. of $8,500,000 established by the amendment made by subsection (a) of this section shall be available for expenditure only in connection with the construction of a bridge across lock and dam numbered 13 on the Arkansas River near Fort Smith, Arkansas, in the amount of $2,100,000 and in connection with reconstruction of a bridge across the Chickamauga Dam on the Tennessee River near Chattanooga, Tennessee, in the amount of $6,400,000. No such sums shall be appropriated until all applicable requirements of section 320 of title 23 of the United States Code have been complied with by the appropriate Federal agency, the Secretary of Transportation, and the State of Arkansas for the Fort Smith project, and the State of Tennessee for the Chattanooga project. Sec. 129. great river road (a) Section 14 of the Federal-Aid Highway Act of 1954, as amended (68 State. 70; Public Law 83–350), is amended by striking 78 Stat. 1092. out “$500,000” and inserting in lieu thereof “$600,000”. “(b) Chapter 1 of title 23 of the United States Code is amended by Ante, p. 263. inserting at the end thereof a new section as follows: “§ 148. Development of a national scenic and recreational highway “(a) As soon as possible after the date of enactment of this section, Great River Road. the Secretary shall establish criteria for the location and construction or reconstruction of the Great River Road by the ten States bordering the Mississippi River. Such criteria shall include requirements that— “(1) priority be given in the location of the Great River Road near or easily accessible to the larger population centers of the State and further priority be given to the construction and improvement of the Great River Road in the proximity of the confluence of the Mississippi River and the Wisconsin River; “(2) the Great River Road be connected with other Federal-aid highways and preferably with the Interstate System; “(3) the Great River Road be marked with uniform identifying signs; “(4) effective control, as defined in section 131 of this title, of 79 Stat. 1028. 23 USC 131. signs, displays, and devices will be provided along the Great River Road; “(5) the provisions of section 129(a) of this title shall not apply 72 Stat. 902. 23 USC 129. to any bridge or tunnel on the Great River Road and no fees shall be charged for the use of any facility constructed with assistance under this section. “(b) For the purpose of this section, the. term ‘construction’ includes “Construction.” the acquisition of areas of historical, archeological, or scientific interest, necessary easements for scenic purposes, and the construction or reconstruction of roadside rest areas (including appropriate recreational facilities), scenic viewing areas, and other appropriate facilities as determined by the Secretary. “(c) Highways constructed or reconstructed pursuant to this section (except subsection (f)) shall be part of the Federal-aid system. Post, p. 266. Apportionment. “(d) Funds appropriated for each fiscal year pursuant to subsection (g) shall be apportioned among the ten States bordering the Mississippi River on the basis of their relative needs as determined by the Secretary for payments to carry out this section. “(e) The Federal share of the cost of any project for any construction or reconstruction pursuant to the preceding subsections of this 72 Stat. 898. 23 USC 120. section shall be that provided in section 120 of this title for the Federal-aid system on which such project is located, and if such project is not on such a system, such share shall be 70 per centum of such cost. “(f) The Secretary is authorized to consult with the heads of other Federal departments and agencies having jurisdiction over Federal lands open to the public in order to enter into appropriate arrangements for necessary construction of reconstruction of highways on such lands to carry out this section. Highways constructed or reconstructed by a State pursuant to this section which are not on a Federal-aid system, and highways constructed or reconstructed under this subsection, shall be subject to the criteria applicable to highways constructed or reconstructed pursuant to subsection (c) of this section. Funds authorized pursuant to subsection (g) shall be used to pay the entire cost of construction or reconstruction pursuant to the first sentence of this subsection. “(g) There is authorized to be appropriated to carry out this section, out of the Highway Trust Fund, for construction or reconstruction of roads on a Federal-aid highway system, not to exceed $10,000,000 for the fiscal year ending June 30, 1974, $25,000,000 for the fiscal year ending June 30, 1975, and $25,000,000 for the fiscal year ending June 30, 1976, for allocations to the States pursuant to this section, and there is authorized to be appropriated to carry out this section out of any money in the Treasury not otherwise appropriated, not to exceed $10,000,000 for each of the fiscal years ending June 30, 1974, June 30, 1975, and June 30, 1976, for construction and reconstruction of roads not on a Federal-aid highway system.” (c) The table of contents of chapter 1 of title 23 of the United States Code is amended by inserting at the end thereof the following: “148. Development of a national scenic and recreational highway.”. Sec. 130. alaskan assistance Subsection (b) of section 7 of the Federal-Aid Highway 84 Stat. 1735. Act of 1966 is amended by striking out at the end of the last sentence “June 30, 1972 and June 30, 1973.” and substituting “June 30, 1972, June 30, 1973, June 30, 1974, June 30, 1975, and June 30, 1976.” Sec. 131. route 101 in new hampshire (a) The amount of all Federal-aid highway funds paid on account of those sections of Route 101 in the State of New Hampshire referred to in subsection (c) of this section shall, prior to the collection of any tolls thereon, be repaid to the Treasurer of the United States on or before October 1, 1977. The amount so repaid shall be deposited to the credit of the appropriation for “Federal-Aid Highways (Trust Fund)”. At the time of such repayment, the Federal-aid projects with respect to which such funds have been repaid and any other Federal-aid project located on said sections of such toll road and programed for expenditure on any such project, shall be credited to the unprogramed balance of Federal-aid highways funds of the same class last, apportioned to the State of New Hampshire. The amount so credited shall be in addition to all other funds then apportioned to said State and shall be available for expenditure in accordance with the provisions 72 Stat. 885. 23 USC 101 et seq. of title 23, United States Code, as amended or supplemented. (b) Upon the repayment of Federal-aid highway funds and the cancellation and withdrawal from the Federal-aid highway program of the projects on said sections of Route 101 as provided in subsection (a) of this section, such sections of said route shall become and be free of any and all restrictions contained in title 23, United States Code, as amended or supplemented, or in any regulation thereunder, with 72 Stat. 885. 23 USC 101 et seq. respect to the imposition and collection of tolls or other charges thereon or for the use thereof. (c) The provisions of this section shall apply to the following Applicability. sections: (1) That section of Route 101 from Route 125 in Epping to Brent-wood Corners, a distance of approximately two and thirty one-hundredths centerline miles. (2) That section of Route 101 in the vicinity of Sells Corner in Auburn, beginning approximately two and forty one-hundredths centerline miles east of the junction of Interstate Route 03 and running easterly approximately two miles. Sec. 132. freeing interstate toll bridges Section 129, title 23, United States Code, as amended by section 139 of this Act, is amended by adding at the end thereof the Post, p. 270. following new subsection: “(h) Notwithstanding the provisions of section 301 of this title, in 72 Stat. 912. 23 USC 301. the case of each State which, before January 1, 1975, shall have constructed or acquired any interstate toll bridge (including approaches thereto), which before January 1, 1975, caused such toll bridge to be made free, which bridge is owned and maintained by such State or by a political subdivision thereof, and which bridge is on the Federal-aid primary system (other than the Interstate System), sums apportioned to such State in accordance with paragraphs (1) and (3) of subsection (b) of section 104 of this title shall be available to pay Ante, p. 256; 77 Stat. 276. the Federal share of a project under this subsection of (1) such amount as the Secretary determines to be the reasonable value of such bridge after deducting therefrom that portion of such value attributable to any grant or contribution previously paid by the United States in connection with the construction or acquisition of such bridge, and exclusive of rights-of-way, or (2) the amount by which the principal amount of the outstanding unpaid bonds or other obligations created and issued for the construction or acquisition of such bridge exceeds the amount of any funds accumulated or provided for their amortization, on the date such bridge is made free, whichever is the lesser amount.” Sec. 133. study of toll bridge authority (a) The Secretary of Transportation is authorized and Federal statutes and regulations, investigation and study. directed to undertake a full and complete investigation and study of existing Federal statutes and regulations governing toll bridges over the navigable waters of the United States for the purpose of determining what action can and should be taken to assure just and reasonable tolls nationwide. The Secretary shall submit a report of the Report to Congress. findings of such study and investigation to the Congress not later than July 1, 1974, together with his recommendations for modifications or additions to existing laws, regulations, and policies, except that in the case of the toll bridge at Chester, Illinois, the Secretary shall submit a report to the Congress not later than December 31, 1973. (b) The Secretary of Transportation shall promulgate regulations Regulations. establishing guidelines governing any increase in tolls for use of any bridge constructed pursuant to either the General Bridge Act of 1906 33 USC 491 note. 33 USC 525 note. or the General Bridge Act of 1946. Sec. 134. national scenic highway system study (a) The Secretary of Transportation shall make a full and complete investigation and study to determine the feasibility of establishing a national system of scenic highways to link together and make more accessible to the American people recreational, Historical, scientific, and other similar areas of scenic interest and importance. In the conduct of such investigation and study, the Secretary shall cooperate and consult with other agencies of the Federal Government, the Commission on Highway Beautification, the States and their political subdivisions, and other interested private organizations, groups, and Report to Congress. individuals. The Secretary shall report, his findings and recommendations to the Congress not later than July 1, 1974, including an estimate Appropriation. of the cost of implementing such a program. There is authorized to be appropriated $250,000 from the Highway Trust Fund to carry out this subsection. (b) The Secretary of Transportation shall make a full and complete investigation and study to examine problems of user access to parks, recreation areas (including public recreation areas on Federal lakes), historic sites and wildlife refuges. Such study and investigation shall include, but not be limited to, an analysis of the desirability and feasibility of a national scenic read and parkways system referred to in subsection (a) including benefits to the user if any and the total long range environmental impact, of such system on the Nation’s recreation resources; alternatives to private automobile access to parks and recreation resources, including mass transit; and special problems of safe access to urban and metropolitan parks and recreation resources. In the conduct of such investigations and study, the Secretary shall cooperate and consult with other agencies of the Federal Government, the States and their political subdivisions, and interested private Report to Congress. organizations, groups and individuals. The Secretary shall report his findings and recommendations to the Congress not later than January 1, 1975, including an estimate of the cost of implementing any suggested programs. Sec. 135. district of columbia None of the provisions of the Act entitled “An Act to provide a permanent system of highways in that part of the District of Columbia lying outside of cities”, approved March 2, 1893 (27 Stat. D.C. Code 7–108. 532), as amended, shall apply to any segment of the Interstate System within the District of Columbia. Sec. 136. corridor hearings (a) The Secretary of Transportation shall permit no further action on Interstate Route I–287 between Montville and Mahwah, New Jersey, until new corridor hearings are held. (b) The Secretary of Transportation shall permit no further action on the Corporation Freeway. Winston-Salem, North Carolina, until new corridor hearings are held. (c) The new corridor hearings required by this section shall be held and the reports thereon shall be made no later than one year after the date of enactment of this section. Sec. 137. interstate system (a) Paragraph (2) of subsection (e) of section 103 of title 81 Stat. 772; 84 Stat. 1716. 23, United States Code, is amended as follows: (1) The first sentence is amended by striking out “additional mileage for the Interstate System of two hundred miles, to be used in making modifications” and inserting in lieu thereof “additional mileage for the Interstate System of five hundred miles, to be used in making modifications”. (2) The fourth sentence is amended by striking out “the 1968 Interstate. System cost estimate set forth in House Document Numbered 199, Ninetieth Congress, as revised.” and inserting in lieu thereof the following: “the 1972 Interstate System cost estimate set forth in House Public Works Committee Print Numbered 92–29, as revised in House Report Numbered 92–1443.” (3) The fifth sentence is amended by striking out “due regard” and inserting in lieu thereof the following: “preference, along with due regard for interstate highway type needs on a nationwide basis,”. (b) Subsection (e) of section 103 of title 23, United States Code, is Ante, p. 268. amended by adding the following: “(4) Upon the joint request of a State Governor and the local government concerned, the Secretary may withdraw his approval of any route or portion thereof on the Interstate System within any urbanized area in that State selected and approved in accordance with this title prior to the enactment of this paragraph, if he determines that such route or portion thereof is not essential to completion of a unified and connected Interstate System or will no longer be essential by reason of the application of this paragraph and will not be constructed as a part of the Interstate System, and if he receives assurances that the State does not intend to construct a toll road in the traffic corridor which would be served by such route or portion thereof. The mileage of the route or portion thereof approval of which is withdrawn under this paragraph shall lie available for designation on the Interstate System in any other State in accordance with paragraph (1) of this subsection. After the Secretary has withdrawn his approval of any such route or portion thereof, whenever responsible local officials of such urbanized area notify the State highway department that, in lieu of a route or portion thereof approval for which is withdrawn under this paragraph, their needs require a nonhighway public mass transit project involving the construction of fixed rail facilities, or the purchase of passenger equipment, including rolling stock for any mode of mass transit, or both, and the State, highway department determines that such public mass transit project is in accordance with the planning process under section 134 of this title anti is entitled to priority 76 Stat. 1148; 84 Stat. 1737. 23 USC 134. under such planning process, such public mass transit project shall be submitted for approval to the Secretary. Approval of the plans, specifications, and estimates for such project by the Secretary shall be deemed a contractual obligation of the United States for payment out of the general funds in the Treasury of its proportional share of the cost of such project, in an amount equal to the Federal share which would be paid for such a project under the Urban Mass Transportation Act of 1964, except that the total Federal cost of all such projects 78 Stat. 302. 49 USC 1601 note. under this paragraph with respect to such route or portion thereof approval of which is withdrawn under this paragraph, shall not exceed the Federal share of the cost which would have been paid for such route or portion thereof, as such cost is included in the 1972 Interstate System cost estimate set forth in table 5 of House Public Works Committee Print Numbered 92–29, as revised in House Report Numbered 92–1443. Funds apportioned to such State for the Interstate System, which apportionment is based upon an Interstate System cost estimate that includes a route or portion thereof approval of which is withdrawn under this paragraph, shall be reduced by an amount equal to the Federal share of such project as such share becomes a contractual obligation of the United States. No general funds shall be obligated under authority of this paragraph after June 30, 1981. No nonhighway public mass transit project shall be approved under this paragraph unless the Secretary has received assurances satisfactory to him from the State that public mass transportation systems will fully utilize the proposed project. The provision of assistance under this paragraph shall not be construed as bringing within the application of chapter 15 of title 5, United States 80 Stat. 403. 5 USC 1501. Code, any nonsupervisory employee of an urban mass transportation system (or of any other agency or entity performing related functions) to whom such chapter is otherwise inapplicable. Funds available for expenditure to carry out the purposes of this paragraph shall be supplementary to and not in substitution for funds authorized and available for obligation pursuant to the Urban Mass Transportation Act of 1964, as amended. The provisions of section 3(e)(4) of the Urban Mass Transportation 78 Stat. 302. 49 USC 1601 note. 49 USC 1602 Act of 1964, as amended, shall apply in carrying out this paragraph.” Sec. 138. public mass transportation studies (a) The Secretary shall, in cooperation with the Governor of each State and appropriate local officials, make an evaluation of that portion of the 1972 National Transportation Report, pertaining to public mass transportation. Such evaluation shall include all urban areas. The evaluation shall include but not be limited to the following: (1) Refining the public mass transportation needs contained in such report. (2) Developing a program to accomplish the needs of each urban area for public mass transportation. (3) Analyzing the existing funding capabilities of Federal, State, and local governments for meeting such needs. (4) Analyzing other funding capabilities of Federal, State, and local governments for meeting such needs. (5) Determining the operating and maintenance costs relating to the public mass transportation system. (6) Determining and comparing fare structures of all public mass transportation systems. Report to Congress. The Secretary shall, not later than July 1, 1974, report to Congress the results of this evaluation together with his recommendations for necessary legislation. (b) The Secretary shall conduct a study of revenue mechanisms, including a tax on fuels used in the provision of urban mass transportation service, and an additional gasoline tax imposed in urban areas, which could be used now or in the future to finance transportation activities receiving financial assistance from the Highway Trust Fund. Such study shall include an analysis of the magnitude of the various potential sources of user tax revenues, the rates at which such taxes could be levied (including possible differential rates), the mechanisms for collection of such taxes, the incidence of such taxes, and the potential impact on transit usage caused by such taxes. The Secretary shall report to the Congress the findings of his study by no later than the 180th day after the date of enactment of this section. (c) There is hereby authorized not to exceed $10,000,000 to carry out this section. Sec. 139. ferry operations (a) The last subsection of section 129 of title 23, United 84 Stat. 1736. States Code, is hereby redesignated as subsection (g). (b) Paragraph (5) of subsection (g) of section 129 of title 23, United States Code, as redesignated in subsection (a) of this section, Ante, p. 270. is amended to read as follows: “(5) Such ferry may be operated only within the State (including the islands which comprise the State of Hawaii) or between adjoining States. Except with respect to operations between the islands which comprise the State of Hawaii and operations between the States of Alaska and Washington, or between any two points within the State of Alaska, no part, of such a ferry operation shall be in any foreign or international waters.” Sec. 140. metro accessibility to the handicapped The Secretary of Transportation is authorized to make Payments to the Washington Metropolitan Area Transit Authority. payments to the Washington Metropolitan Area Transit Authority in amounts sufficient to finance 80 per centum of the cost of providing such facilities for the subway and rapid rail transit system authorized in the National Capital Transportation Act of 1969 (83 Stat. 320) D.C. Code 1–1441 note. as may be necessary to make such subway and system accessible by the handicapped through implementation of Public Laws 90–480 and 91–205. There is authorized to be appropriated, to carry out this section, 82 Stat. 718; 84 Stat. 49. 42 USC 4151. not to exceed $65,000,000. Sec. 141. environmental impact statements (a) The Secretary of Transportation shall, not later than forty-five days after the date of enactment of this section, complete all necessary action on (1) the environmental impact statement pursuant to section 102(2) (C) of the National Environmental Policy Act of 1969, and (2) the application for approval under the General 83 Stat. 853. 42 USC 4332. 60 Stat. 847. 33 USC 525 note. Bridge Act of 1946, with respect to the proposal for construction by the Department of Transportation of the State of New Jersey of a bridge over the Raritan River in such State for the purpose of such State’s Highway Route 18. (b) The Secretary of Transportation shall— (1) by October 1, 1973— (A) complete the draft environmental impact statement pursuant to section 102(2) (C) of the National Environmental Policy Act and his determination under section 4(f) of the Department of Transportation Act and section 138 of 82 Stat. 824. 49 USC 1653. 82 Stat. 823. title 23 of the United States Code, on the project for Interstate Route Numbered 66 in the State of Virginia from the National Capital Belt way to the Potomac River, which project is described in the 1972 estimate of the cost of completing the National System of Interstate and Defense Highways as estimate section termini E 10.4.2 at the Beltway to E 10.11.1 in Rosalyn, (B) circulate such statement to all interested Federal, State, and local agencies and to the public for comment within forty-five days, and (C) insure that notice of a public hearing on the design and location of such project is issued; (2) insure that a public hearing is held within forty-five days after issuance of the notice pursuant to paragraph (1) (C) of this subsection; and (3) not later than December 31, 1973, complete consideration of the information received at the hearing, review any comments on the statement received within the forty-five-day notice period referred to in paragraph (1) (B) of this subsection and any other information received by the end of such forty-five-day period and tile the final version of such statement on the basis of such comments and information, together with any other final determination which he is required by law to make in order to permit the construction of such project to proceed. The determination of the Secretary shall be conclusive with respect to all issues of fact. Sec. 142. truck lanes (a) Chapter 1 of title 23, United States Code, is amended by adding to the end thereof the following new section: “§ 149. Truck lanes “The Secretary may approve as a project on any Federal-aid system the construction of exclusive or preferential truck lanes.” (b) The analysis of chapter 1 of title 23, United States Code, is amended by adding at the end thereof the following: “149. Truck lanes.”. Sec. 143. highway studies The Secretary of Transportation shall report to Congress by January 1, 1975, on the feasibility and necessity for constructing to appropriate standards proposed highways along the following routes: (1) A route from Brunswick, Georgia, or its vicinity, to Kansas City, Missouri, or its vicinity, so aligned to serve the following intermediate locations, or vicinities thereof: Columbus, Georgia ; Birmingham, Alabama; Tupelo, Mississippi; Memphis, Tennessee ; Batesville or Jonesboro, Arkansas; and Springfield, Missouri. (2) A route from Kansas City, Missouri, or its vicinity, to Chicago. Illinois, or its vicinity, so aligned as to cross the Mississippi River at a point between Nauvoo, Illinois, on the north, and Hannibal, Missouri, on the south. (3) A route from Amarillo, Texas, or its vicinity to Las Cruces, New Mexico, or its vicinity, so aligned as to serve the following intermediate locations, or vicinities thereof: Hereford, Texas; Clovis, New Mexico; Portales, New Mexico; Roswell, New Mexico; Ruidoso, New Mexico; Tularosa, New Mexico; and Alamogordo, New Mexico together with a branch route from Alamogordo, New Mexico, or its vicinity, to El Paso, Texas, or its vicinity, to connect with Interstate Route No. 10 and the port of entry with Mexico. (4) A route from the Port of Catoosa, Catoosa, Oklahoma, or its vicinity, to Interstate Route No. 35 to Ponca City, Oklahoma, or its vicinity. (5) Extension of Interstate Highway 70 from Cove Fort, Utah, or its vicinity, in a westerly direction, so aligned to serve the intermediate locations of Ely and Carson City, Nevada, or their vicinities. (6) A route from Kansas City, Missouri, or its vicinity, to Baton Rouge. Louisiana, or its vicinity, so aligned to serve one or both of the following intermediate locations or vicinities thereof: Fayetteville. Fort Smith, and Texarkana. Arkansas; or Little Rock. Arkansas, or any other route through the State of Arkansas determined feasible by such State and the Secretary. (7) A route from Interstate Highway 380 from Waterloo. Iowa, via Dubuque, Iowa, to Interstate Highway 90 at Rockford, Illinois; and an extension of Interstate Highway 74 from the Davenport, Iowa-Moline. Illinois, area through Dubuque. Town, to Interstate 90 at LaCrosse. Wisconsin. (8) Extension of Interstate Highway 27 from Lubbock, Texas, or its vicinity in a southerly direction to intersect with Interstate 20 and, proceeding further, to intersect with Interstate 10. (9) A route from Salina., Kansas, or its vicinity, in a northerly direction to intersect with Interstate 80 in the vicinity of York, Nebraska, and, proceeding further, to Interstate 29 in the vicinity of Watertown, South Dakota. (10) A route from Wichita, Kansas, or its vicinity to Tucumcari, New Mexico, or its vicinity, so aligned to serve the following intermediate locations or vicinities thereof: Pratt, Kansas; Meade, Kansas; Liberal, Kansas; Guymon, Oklahoma; Stafford, Texas; Dalhart, Texas; and Logan, New Mexico; or any other route through the State of Kansas determined feasible by such State and the Secretary. Sec. 144. inter-american highway Section 4 of the Federal-Aid Highway Act of 1962 (Public Law 87–866; 76 Stat. 1145) is amended by striking out “$32,000,000” and inserting in lieu thereof “$42,000,000”. Sec. 145. donations (a) Chapter 3 of title 23 of the United States Code is 72 Stat. 912; 84 Stat. 1742. 23 USC 301. amended by adding at the end thereof the following: “§ 323. Donations “Nothing in this title, or in any other provision of law, shall be construed to prevent a person whose real property is being acquired in connection with a project under this title, after he has been tendered the full amount of the estimated just compensation as established by an approved appraisal of the fair market value of the subject real property, from making a gift or donation of such property, or any part thereof, or of any of the compensation paid therefor, to a Federal agency, a State or a State agency, or a political subdivision of a State, as said person shall determine.” (b) The analysis of chapter 3 of title 23, United States Code, is amended by adding at the end thereof the following: “323. Donations.”. Sec. 146. high-speed transportation demonstration The Secretary is authorized to undertake a study and High-speed bus service, study. demonstration program for high-speed bus service from collection points in the Washington, District of Columbia area to Dulles International Airport, Virginia. Such study and demonstration shall utilize exclusive bus transportation lanes between points of origin and termination of such service, and include, where necessary, the construction of such exclusive bus transportation lanes as well as terminal and parking facilities. Such study and demonstration shall also include the purchase of high-speed buses. As necessary to implement this section, the Secretary shall undertake research into the development of buses designed to maintain high-speed, safe transportation. Not to exceed $10,600,000 of the amount authorized to be apportioned under section 104(b) (6) of title 23, United States Code, for the fiscal year ending Ante, p. 256. June 30, 1975, shall be available to the Secretary to carry out this section and such sum shall be set aside for such purpose, prior to the apportionment of such amount for such fiscal year. Sec. 147. rural highway public transportation demonstration program To encourage the development, improvement, and use of public mass transportation systems operating vehicles on highways for transportation of passengers within rural areas, in order to enhance access of rural populations to employment, health care, retail centers, education, and public services, there are authorized to be appropriated $30,000,000 for the two-fiscal-year period ending June 30, 1976, of which $20,000,000 shall be out of the Highway Trust Fund, to the Secretary of Transportation to carry out demonstration projects for public mass transportation on highways in rural areas. Projects eligible for Federal funds under this section shall include highway traffic control devices, the construction of passenger loading areas and facilities, including shelters, fringe and transportation corridor parking facilities to serve bus and other public mass transportation passengers, and the purchase of passenger equipment other than rolling stock for fixed rail. Sec. 148. federal-aid systems realignment (a) Section 103(b) of title 23, United States Code, is renumbered as section 103(b) (1) and a new section 103 (b) (2) is added to read as follows: “(2) After June 30, 1976, the Federal-aid primary system shall consist of an adequate system of connected main roads important to interstate, statewide, and regional travel, consisting of rural arterial routes and their extensions into or through urban areas. The Federal-aid primary system shall be designated by each State acting through its State highway department and where appropriate, shall be in accordance with the planning process pursuant to section 134 of this title, subject to the approval of the Secretary as provided by subsection (f) of this section.” (b) Section 103(c) of title 23, United States Code, is renumbered as section 103(c)(1) and a new subsection 103(c)(2) is added to read as follows: “(2) After June 30, 1976, the Federal-aid secondary system shall consist of rural major collector routes. The Federal-aid secondary system shall be designated by each State through its State highway department and appropriate local officials in cooperation with each other, subject to the approval of the Secretary as provided in subsection (f) of this section.” (c) Section 103(d) of title 23, United States Code, is renumbered as section 103(d) (1) and a new subsection 103(d) (2) is added to read as follows: “(2) After June 30, 1976, the Federal-aid urban system shall be located in each urbanized area and such other urban areas as the State highway departments may designate and shall consist of arterial routes and collector routes, exclusive of urban extensions of the Federal-aid primary system. The routes on the Federal-aid urban system shall be designated by appropriate local officials, with the concurrence of the State highway departments, subject to the approval of the 84 Stat. 1716. Secretary as provided in subsection (f) of this section, and in the case of urbanized areas shall also be in accordance with the planning process 76 Stat. 1148; 84 Stat. 1737. 23 USC 134. required pursuant to the provisions of section 134 of this title.” (d) Federal-aid systems realignment shall be based upon anticipated functional usage, in the year 1980 or a planned connected system. (e) In addition to the foregoing amendments, the second sentence of section 103(c) (1) of title 23, United States Code, is amended to insert, after the words “local rural roads,” the phrase, “access roads to airports,”. Sec. 149. toll road reimbursement program (a) Whenever the State of Louisiana has received its final apportionment of sums authorized to be appropriated for expenditure on the Interstate System, or on or after July 1, 1977, whichever first occurs, the Secretary shall, notwithstanding the provisions of subsection (b) of section 129 of title 23 of the United States Code, reimburse Ante, p. 259. the Federal share of the actual cost of construction of new toll highways or improvements to existing toll highways in that State, construction of which highways or improvement is begun after July 1, 1973, but not including the cost of toll collection and service facilities, on the same basis and in the same manner as in the construction of free highways under chapter I of title 23 of the United States Code upon 72 Stat. 885. 23 USC 101. compliance with the conditions contained in this section. (b) The Secretary shall reimburse the Federal share of the costs of construction as applicable to a project under section 120(a) of title 23 of the United States Code from funds apportioned to such State pursuant 82 Stat. 835; 84 Stat. 1718. to paragraph (1) of subsection (b) of section 104 of title 23 of the United States Code whenever the State enters into an agreement Ante, p. 256. with the Secretary whereby it undertakes performance of the following obligations: (1) to provide for the construction of such highway in accordance with standards approved by the Secretary; (2) all tolls received from the operation of such highway, less the actual cost of such operation and maintenance, shall be applied by the State to the repayment of the actual costs of construction, except for an amount equal to the Federal share payable of such actual costs of a project; and (3) no tolls shall be charged for the use of such highway after the Federal share has been paid and the highway shall be maintained and operated as a free highway. Upon the enactment of this section the Secretary shall, at the request of the State of Louisiana, enter into an agreement with that State if such agreement meets the requirements of this subsection. Reimbursements shall not be made until after the State receives its final apportionment of sums authorized to be appropriated for expenditure on the Interstate System or July 1, 1977, whichever first occurs. (c) Such highway shall be designated as a part of the Federal-aid primary system, other than the Interstate System, before the payment of any Federal funds under this section, notwithstanding the mileage limitations in subsection (b) of section 103 of title 23 of the United States Code. Ante, p. 274. (d) The Federal share payable of such actual cost of the project shall be made in not more than fifteen equal annual installments, from the funds apportioned to the State pursuant to paragraph (1) of subsection (b) of section 104 of title 23 of the United States Code, with the first installment being made either (1) one year after the project agreement has been entered into between the Secretary and the State highway department or (2) either one year after the State receives its final apportionment of sums authorized to be appropriated for expenditure on the Interstate System, or July 1, 1977, whichever first occurs, whichever of such clause (1) or (2) is last to occur. Such payment shall be applied against the outstanding obligations of the project. Sec. 150. parkways (a) Subsection (a) of section 207 of title 23, United States Code, is amended to read as follows: 72 Stat. 908. “(a) Funds available for parkways shall be used to pay for the cost of construction and improvement thereof, including the acquisition of rights-of-way and related scenic easements.” (b) Section 207 of title 23, United States Code, is amended by adding at the end thereof the following new subsection: “(d) Any parkway project on a Federal-aid system shall be subject to all of the requirements of this title and of any other law applicable to highways on such system.” Sec. 151. research and planning Subsection (c) (1) of section 307 of title 23. United States 77 Stat. 277. Code, is amended to read as follows: “(c) (1) Not to exceed 1½ per centum of the sums apportioned for each fiscal year beginning with fiscal year 1974 to any State under section Ante, p. 256. 104 of this title shall be available for expenditure upon request of the State highway department, with the approval of the Secretary, with or without State funds, for engineering and economic surveys and investigations; for the planning of future highway programs and local public transportation systems and for planning for the financing thereof; for studies of the economy, safety, and convenience of highway usage and the desirable regulation and equitable taxation thereof; and for research and development, necessary in connection with the planning, design, construction, and maintenance of highways and highway systems, and the regulation and taxation of their use.” Sec. 152. technical amendments Title 23. United States Code, is amended as follows: (1) Section 101 (a) is amended by striking out “Secretary of Commerce” and inserting in lieu thereof “Secretary of Transportation”. (2) Section 109(g) is amended by striking out “Ret” and inserting in lieu thereof “Act”. (3) Sections 126(a) and 310 are amended by striking out “Commerce” each place it appears and inserting in lieu thereof “Transportation”. (4) The heading of section 303 is amended to read: “Administration organization.” (5) Sections 308(b), 309, 312, and 314 are amended by striking out “Bureau of Public Roads” each place it appears and inserting in lien thereof “Federal Highway Administration”. (6) Sections 312 and 314 are amended by striking out “Commerce” each place it appears and inserting in lieu thereof “Transportation”. Sec. 153. increased federal share—effective date Subsection (b) of section 108 of the Federal-Aid Highway 84 Stat. 1718. 23 USC 120 note. Act of 1970 is amended to read as follows: “(b) The amendments made by subsection (a) of this section shall take effect with respect to all obligations incurred after June 30, 1973.” Sec. 154. termination of federal-aid relationship (a) Notwithstanding any other provisions of Federal law or any court decision to the contrary, the contractual relationship between the Federal and State Governments shall be ended with respect to all portions of the San Antonio North Expressway between Interstate Highway 35 and Interstate Loop 410, mid the expressway shall cease to be a Federal-aid project. (b) The amount of all Federal-aid highway funds paid on account of sections of the San Antonio North Expressway in Bexar County, Texas (Federal-aid projects numbered U 244(7), U 244(10), UG 244(9),U 244(8), and U 244(11)), shall be repaid to the Treasurer of the United States and the amount so repaid shall be deposited to the credit of the appropriation for “Federal-Aid Highways (Trust Fund)”. At the time of such repayment the Federal-aid projects with respect to which funds have been repaid and any other Federal-aid projects located on such expressway and programed for expenditure on such project, if any, shall be canceled and withdrawn from the Federal-aid highway program. Any amount so repaid, together with the unpaid balance of any amount programed for expenditure on any such project shall be credited to the unprogramed balance of Federal-aid highway funds of the same class last apportioned to the States, respectively. The amount so credited shall be available for expenditure in accordance with the provisions of title 23, United States Code, as 72 Stat. 885. 23 USC 101 et seq. amended. Sec. 155. highway litter study (a) The Secretary is directed to undertake a study of litter accumulation within the rights-of-way of the Federal-aid highway systems and recommend improved procedures to be used by the several States to prevent and clean up such highway litter on a regular basis. The Secretary shall report his findings and recommendations to Report to Congress. the Congress by June 30, 1974. (b) For the purposes of this section, the term “litter” means beverage and food containers, food wastes, paper products, smoking materials or packaging, and any other materials which the Secretary finds are commonly used and discarded by the traveling public and which, when discarded along highway rights-of-way, cause an unsightly appearance, a danger to public health or safety, or an unreasonable expenditure of public funds. (c) Funds authorized to carry out section 307 of title 23, United States Code, are authorized to be used to carry out the investigation 72 Stat. 913. and study required by this section. Sec. 156. bridge approach standards Section 109 of title 23, United States Code, is amended by 84 Stat. 1734. adding at the end thereof the following subsection: “(k) The Secretary shall not approve any project involving approaches to a bridge under this title, if such project and bridge will significantly affect the traffic volume and the highway system of a contiguous State without first taking into full consideration the views of that State.” Sec. 157. allocation of urban system funds (a) Chapter 1 of title 23, United States Code, is amended Ante, p. 272. by adding at the end thereof the following new section: “§ 150. Allocation of urban system funds “The funds apportioned to any State under paragraph (6) of subsection (b) of section 1(14 of this title that are attributable to urbanized 84 Stat. 1717. 23 USC 104. areas of 200,000 population or more shall be made available for expenditure in such urbanized areas for projects in programs approved under subsection (d) of section 105 of this title in accordance with a Ante, p. 255. fair and equitable formula developed by the State which formula has been approved by the Secretary. Such formula shall provide for fair and equitable treatment of incorporated municipalities of 200,000 or more population. Whenever such a formula has not been developed and approved for a State, the funds apportioned to any State under paragraph Ante, p. 256. (6) of subsection (b) of section 104 of this title which are attributable to urbanized areas having a population of 200,000 or more shall be allocated among such urbanized areas within such State for projects in programs approved under subsection (d) of section 105 of this title in the ratio that the population within each such urbanized area bears to the population of all such urbanized areas, or parts thereof, within such State. In the expenditure of funds allocated under the preceding sentence, fair and equitable treatment shall lie accorded incorporated municipalities of 200,000 or more population.” (b) The table of contents of chapter 1 of title 23, United States Code, is amended by adding at the end thereof the following: “150. Allocation of urban system funds.”. Sec. 158. franconia notch, new hampshire Notwithstanding section 109(b) of title 23 of the United 77 Stat. 277; 80 Stat. 767. States Code, the Secretary of Transportation is authorized, upon application of the Governor of the State, to approve construction of that section of Interstate Route 93 from B20.6 an interchange with State route 3A in North Woodstock, New Hampshire, to B22.1 an interchange with U.S. Route 3 in Franconia, New Hampshire, approximately twelve miles in length, as a parkway type highway to geometric and construction standards (whether or not in accordance with section 109(b)) which the Secretary determines are necessary for the safety of the traveling public, for the protection of the environment, and for the preservation of the park-like and historic character of the Franconia Notch area adjacent to the highway. The State of New Hampshire, with the concurrence of the Secretary, is authorized to permit the use of the above section of highway to specified types of vehicles during specified times of the day and of the year. Sec. 159. dwight d. eisenhower highway (a) The following segments of the National System of Interstate, and Defense Highways which form a continuous interstate highway link from coast to coast are hereby designated as the “Dwight D. Eisenhower Highway”: (1) Interstate Route 70 between Washington, District of Columbia, and Denver, Colorado; (2) Interstate Route 25 between Denver, Colorado, and Cheyenne, Wyoming; and (3) Interstate Route 80 between Cheyenne, Wyoming, and San Francisco, California. (b) Any law, regulation, map, document, record, or other paper of the United States in which such segments are designated or referred to shall be held to designate or refer to such segments as the “Dwight D. Eisenhower Highway”. Sec. 160. cumberland gap national historical park (a) Notwithstanding the definition of parkways in subsection (a) of section 101, funds available for parkways shall be available to finance the cost of reconstruction and relocation of Route 25E through the Cumberland Gap National Historical Park, including construction of a tunnel and the approaches thereto, so as to permit restoration of the Gap and provide adequate traffic capacity. (b) Upon construction, such highway and tunnel and all associated lands and rights-of-way shall be transferred to the National Park Service and managed as part of the Cumberland Gap National Historical Park. Sec. 161. highland scenic highway (a) The Secretary of Agriculture (acting through the Forest Service) is authorized to develop and construct as a parkway the Highland Scenic Highway from West Virginia State Route 39 to U.S. 250 near Barton Knob. Notwithstanding subsection (c) of section 103 of title 23, United States Code, such parkway shall be a route Ante, p. 274. on the Federal-aid secondary system. (b) The route from Richwood, West Virginia, to U.S. 250 near Barton Knob, via West Virginia State Route 39 and the parkway authorized by subsection (a) of this section shall be designated as the Highland Scenic Highway. (c) The Secretary of Agriculture is authorized to acquire rights-of-way, Land acquisition. land containing such rights-of-way, and interests in land, including scenic easements and mineral rights, necessary to carry out the purpose of a scenic highway. In addition to the acquisition of such lands and interests in lands, funds available for parkways shall be available for the reclamation of lands within the scenic corridor of the Highland Scenic Highway. (d) Funds available for parkways shall be available for signs on Interstate highways, Appalachian highways and other appropriate highways at natural points of access to such geographic area, indicating the direction and distance to the Highland Scenic Highway and to Richwood as “Gateway to the Highland Scenic Highway”. (e) Funds available for parkways shall be available for upgrading that portion of West Virginia State Route 39 designated as the Highland Scenic Highway to appropriate standards for a scenic and recreational highway, including the construction of vistas and other scenic improvements. (f) The Highland Scenic Highway as authorized by subsection (a) of this section and all associated lands and rights-of-way shall be managed as part of the Monongahela National Forest, solely for scenic and recreational use and passenger car travel. (g) The Highland Scenic Highway as authorized by subsection (a) Design and construction standards. of this section shall be designed and constructed in accordance with standards appropriate for a scenic highway, providing for moderate speeds and minimizing modification to topographic contours and natural drainage. (h) Construction of the, portion of the Highland Scenic Highway Upper Shavers Fork watershed portion, construction conditions. as authorized by subsection (a) of this section which is proposed to be constructed through the upper Shavers Fork watershed shall not be initiated until— (1) the Forest Service has acquired sufficient lands and interests in land (including mineral rights) in such watershed to assure an adequate scenic corridor for the Highland Scenic Highway and the control of water quality in Shavers Fork; and (2) the completion of a geological and soil survey of any proposed route, conducted in cooperation with the Division of Water Resources of the West Virginia Department of Natural Resources. (i) Any parkway authorized in the future to proceed southward in such area shall begin in the immediate vicinity of Richwood, West Virginia. (j) Any connection of the Highland Scenic Highway as authorized by subsection (a) of this section with Corridor H of the Appalachian Development Highway System or any more northerly segment of the Highland Scenic Highway shall utilize existing routes and not involve construction through the Monongahela National Forest between U.S. 250 and Cunningham Knob. Sec. 162. prohibition of discrimination on the basis of sex (a) Chapter 3 of title 23, United States Code is amended by adding at the end thereof the following new section: “§ 324. Prohibition of discrimination on the basis of sex “No person shall on the ground of sex be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal assistance under this title or carried on under this title. This provision will be enforced through agency provisions and rules similar to those already established, with, respect to racial and other discrimination, under title VI 78 Stat. 252. 42 USC 2000d. of the Civil Rights Act of 1964. However, this remedy is not exclusive and will not prejudice or cut. off any other legal remedies available to a discriminatee.” (b) The analysis of chapter 3, title 23, United States Code, is amended by adding at the end thereof the following: “324. Prohibition of discrimination on the basis of sex.”. Sec. 163. demonstration project—railroad-highway crossings (a) The Secretary of Transportation shall enter into such arrangements as may be necessary to carry out demonstration projects in Lincoln, Nebraska, Wheeling, West Virginia, and Elko. Nevada, for the relocation of railroad lines from the central area of the cities in conformance with the methodology developed under proposals submitted to the Secretary by the respective cities. The cities shall (1) have a local agency with legal authority to relocate railroad facilities, levy taxes for such purpose, and a record of prior accomplishment; and (2) have a current relocation plan for such lines which has a favorable benefit-cost ratio involving and having the unanimous approval of three or more class 1 railroads in Lincoln, Nebraska, and the two class 1 railroads in Wheeling, West Virginia, and Elko, Nevada, and multicivic, local, and State agencies, and which provides for the elimination of a substantial number of the existing railway-road conflict points within the city. (b) The Secretary of Transportation shall carry out a demonstration project for the elimination or protection of certain public ground-level rail-highway crossings in, or in the vicinity of, Springfield, Illinois. (c) The Secretary of Transportation shall enter into such arrangements as may be necessary to carry out demonstration projects in Brownsville, Texas, and Matamoros, Mexico, for the relocation of rail-road lines from the central area of the cities in conformance with the methodology developed under proposals submitted to the Secretary by the Brownsville Navigation District, providing for the construction of an international bridge and for the elimination of a substantial number of existing railway-road conflict points within the cities. (d) The Secretary of Transportation shall enter into such arrangements as may be necessary to carry out a demonstration project in East Saint Louis, Illinois, for the relocation of rail lines between Thirteenth and Forty-third Streets, in accordance with methodology approved by the Secretary. The Secretary of Transportation shall carry out a demonstration project for the relocation of rail lines in the vicinity of Carbondale, Illinois. (e) The Secretary of Transportation shall enter into such arrangements as may be necessary to carry out a demonstration project in New Albany, Indiana, for the elimination of the existing rail loop and relocation of rail lines to a location between Vincennes Street and East Eighth Street, in accordance with methodology approved by the Secretary. (f) The Secretary of Transportation shall carry out demonstration projects for the construction of an overpass at the rail-highway grade crossing on Cottage Grove Avenue between One Hundred Forty-second Street and One Hundred Thirty-eighth Street in the village of Dolton, Illinois, and the construction of an overpass at the rail-highway grade crossing at Vermont Street and the Rock Island Railroad tracks in the city of Blue Island, Illinois. (g) The Secretary of Transportation shall carry out a demonstration project for the elimination of the ground level railroad highway crossing on United States Route 69 in Greenville, Texas. (h) The Secretary of Transportation shall carry out a demonstration project in Anoka, Minnesota, for the construction of an underpass at. the Seventh Avenue and County Road 7 railroad-highway grade crossing. (i) The Federal share payable on account of such projects shall be that provided in section 120 of this title. 72 Stat. 898. 23 USC 120. Reports to President and Congress.   Appropriation. (j) The Secretary shall make annual reports and a final report to the President and the Congress with respect to his activities pursuant to this section. (k) There is authorized to be appropriated to carry out this section (other than subsection (1)) not to exceed $15,000,000 for the fiscal year ending June 30, 1974, $25,000,000 for the fiscal year ending June 30, 1975, and $50,000,000 for the fiscal year ending June 30, 1976, except that two-thirds of all funds authorized and expended under authority of this section in any fiscal year shall be appropriated out of the Highway Trust fund. (l) The Secretary, in cooperation with State highway departments Highway safety study. and local officials, shall conduct a full and complete investigation and study of the problem of providing increased highway safety by the relocation of railroad lines from the central area of cities on a nationwide basis, and report to the Congress his recommendations resulting Report to from such investigation and study not later than July 1, 1975, including an estimate of the cost of such a program. Funds authorized to carry out section 307 of title 23, United States Code, are authorized to 72 Stat. 913. be used to carry out the investigation and study required by this subsection. Sec. 164. financial assistance agreements (a) No Federal financial assistance shall be provided under (1) subsection (a) or (c) of section 142, title 23, United States Code, Ante, p. 259. Ante, p. 269.   78 Stat. 302. 49 USC 1601 note. (2) paragraph (4) of subsection (e) of section 103, title 23, United States Code, or (3) the Urban Mass Transportation Act of 1964, for the purchase of buses to any applicant for such assistance unless such applicant and the Secretary of Transportation shall have first entered into an agreement that such applicant will not engage in charter bus operations in competition with private bus operators outside of the, area within which such applicant provides regularly scheduled mass transportation service. A violation of such agreement shall bar such applicant from receiving any other Federal financial assistance under those provisions of law referred to in clauses (1), (2), and (3) of this subsection. (b) No Federal financial assistance shall be provided under (1) subsection (a) or (c) of section 142, title 23, United States Code, (2) paragraph (4) of subsection (e) of section 103, title 23, United States Code, or (3) the Urban Mass Transportation Act of 1964, for the purchase of buses to any applicant for such assistance unless such applicant and the Secretary of Transportation shall have first entered into an agreement that such applicant will not engage in school bus operations, exclusively for the transportation of students and school personnel, in competition with private school bus operators. This subsection shall not apply to an applicant with respect to operation of a school bus program if the applicant operates a school system in the area to be served and operates a separate and exclusive school bus program for this school system. This subsection shall not apply unless private school bus operators are able to provide adequate transportation, at reasonable rates, and in conformance with applicable safety standards, and this subsection shall not apply with respect to any State or local public body or agency thereof if it (or a direct predecessor in interest from which it acquired the function of so transporting school children and personnel along with facilities to be used therefor) was so engaged in school bus operations any time during the twelve-month period immediately prior to the date of the enactment of this subsection. A violation of an agreement under this subsection shall bar such applicant from receiving any other Federal financial assistance under those provisions of law referred to in clauses (1), (2), and (3) of this subsection. Sec. 165. bus and other project standards (a) The Secretary of Transportation shall require that buses acquired with Federal financial assistance under (1) subsection (a) Ante, p. 259.   Ante, p. 269.   Ante, p. 274. or (c) of section 142 of title 23, United States Code, (2) paragraph (4) of subsection (e) of section 103, title 23, United States Code, or (3) section 147 of the Federal-aid Highway Act of 1973 meet the standards prescribed by the Administrator of the Environmental Protection 84 Stat. 1690. 42 USC 1857f–1. 86 Stat. 1237. 42 USC 4905. Agency under section 202 of the Clean Air Act, and under section 6 of of the Noise Control Act of 1972, and shall authorize the acquisition, wherever practicable, of buses which meet the special criteria for low-emission vehicles set forth in section 212 of the Clean 84 Stat. 1700. 42 USC 1857f–6e. 86 Stat. 1245. 42 USC 4914. Air Act, and for low-noise-emission products set forth in section 15 of the noise Control Act of 1972. (b) The Secretary of Transportation shall assure that projects receiving Federal financial assistance under (1) subsection (a) or (c) of section 142 of title 23, United States Code, (2) paragraph (4) of subsection (e) of section 103, title 23, United States Code, or (3) section 147 of the Federal-aid Highway Act of 1973 shall be planned and designed so that muss transportation facilities and services can effectively be utilized by elderly and handicapped persons who, by reason of illness, injury, age, congenital malfunction, or other permanent or temporary incapacity or disability are unable without special facilities or special planning or design to utilize such facilities and services as effectively as persons not so affected.

20. 1973

    Federal-Aid Highway Act of 1973

    Pub. L. 93–87 § 108 · 87 Stat. 250

    Added · 23 U.S.C. § 101(e)

    Pub. L. 93–87, § 108, added subsec. (e)

    Source evidence

    Code amendment note
    Subsec. (e). Pub. L. 93–87, § 108, added subsec. (e).

    Enacted provision · exact public law section
    Sec. 108. minimization of redtape Section 101 of title 23 of the United States Code is amended 72 Stat. 885; 84 Stat. 1718. by adding at the end thereof the following new subsection: “(e) It is the national policy that to the maximum extent possible the procedures to be utilized by the Secretary and all other affected heads of Federal departments, agencies, and instrumentalities for carrying out this title and any other provision of law relating to the Federal highway programs shall encourage the substantial minimization of paperwork and interagency decision procedures and the best use of available manpower and funds so as to prevent needless duplication and unnecessary delays at all levels of government.”

21. 1975

    Federal-Aid Highway Amendments of 1974

    Pub. L. 93–643 § 102(b) · 88 Stat. 2281

    Changed · 23 U.S.C. § 101(a)

    Pub. L. 93–643 defined “Indian reservation roads and bridges” to include roads and bridges on the Federal-aid systems

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 93–643 defined “Indian reservation roads and bridges” to include roads and bridges on the Federal-aid systems.

    Enacted provision · exact public law section
    (b) The definition of the term “Indian reservation roads and “Indian reservation roads and bridges.” bridges” in subsection (a) of section 101 of title 23, United States Code, is amended to read as follows: “The term ‘Indian reservation roads and bridges’ means roads and bridges, including roads and bridges on the Federal-aid systems, that are located within or provide access to an Indian reservation or Indian trust land or restricted Indian land which is not subject to fee title alienation without the approval of the Federal Government, or Indian and Alaska Native villages, groups, or communities in which Indians and Alaskan Natives reside, whom the Secretary of the Interior has determined are eligible for services generally available to Indians under Federal laws specifically applicable to Indians.”.

22. 1976

    Federal-Aid Highway Act of 1976

    Pub. L. 94–280 § 108 · 90 Stat. 425

    Inserted · 23 U.S.C. § 101(a)

    Pub. L. 94–280, § 108, defined “construction” to include resurfacing, restoration, and rehabilitation and “urban area” to exclude cities in the States of Maine and New Hampshire and inserted definition of “public road”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 94–280, § 108, defined “construction” to include resurfacing, restoration, and rehabilitation and “urban area” to exclude cities in the States of Maine and New Hampshire and inserted definition of “public road”.

    Enacted provision · exact public law section
    Sec. 108. definitions (a) Subsection (a) of section 101 of title 23, United States Code, is amended as follows: (1) The definition of the term “construction” is amended by inserting immediately after “Commerce)”, the following “resurfacing, restoration, and rehabilitation,”. (2) The definition of the term “urban area” is amended by striking out the period at the end thereof and inserting in lieu thereof a comma and the following: “except in the case of cities in the State of Maine and in the State of New Hampshire,”. (b) Section 101(a) of title 23, United States Code, is amended by adding the following definition after “public lands highways”: “The term ‘public road’ means any road or street under the jurisdiction of and maintained by a public authority and open to public travel.”.

23. 1976

    Federal-Aid Highway Act of 1976

    Pub. L. 94–280 § 107(a) · 90 Stat. 425

    Substituted · 23 U.S.C. § 101(b)

    Pub. L. 94–280, § 107(a), substituted provision for completion of the Interstate System over a thirty-four year period, through the fiscal year ending September 30, 1990, for a prior provision for such completion over a twenty-three period, through the fiscal year ending June 30, 1979

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 94–280, § 107(a), substituted provision for completion of the Interstate System over a thirty-four year period, through the fiscal year ending September 30, 1990, for a prior provision for such completion over a twenty-three period, through the fiscal year ending June 30, 1979.

    Enacted provision · exact public law section
    (a) The second sentence of the second paragraph of section 101(b) of title 23, United States Code, is amended by striking out “twenty-three years” and inserting in lieu thereof “thirty-four years” and by striking out “June 30, 1979”, and inserting in lieu thereof “September 30, 1990”.

24. 1978

    Federal-Aid Highway Act of 1978

    Pub. L. 95–599 § 106(a) · 92 Stat. 2689

    Inserted · 23 U.S.C. § 101(a)

    Pub. L. 95–599, § 106(a), in definition of “construction” inserted provision relating to capital improvements

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 95–599, § 106(a), in definition of “construction” inserted provision relating to capital improvements.

    Enacted provision · exact public law section
    (a) The definition of “construction” in section 101(a) of title 23 of the United States Code is amended by adding at the end thereof the following new sentence: “The term also includes capital improvements which directly facilitate an effective vehicle weight enforcement program, such as scales (fixed and portable), scale pits, scale installation, and scale houses.”.

25. 1978

    Federal-Aid Highway Act of 1978

    Pub. L. 95–599 § 106(b)(1) · 92 Stat. 2689

    Inserted · 23 U.S.C. § 101(a)

    Pub. L. 95–599, § 106(b)(1), in definition of “forest road or trail”, inserted provisions requiring contingency or service to the National Forest System and necessity for the protection, administration, and utilization thereof

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 95–599, § 106(b)(1), in definition of “forest road or trail”, inserted provisions requiring contingency or service to the National Forest System and necessity for the protection, administration, and utilization thereof.

    Enacted provision · exact public law section
    (1) The definition of “forest road or trail” in section 101(a) of title 23 of the United States Code is amended to read as follows: “The term ‘forest or trail’ means a road or trail wholly or partly within, or adjacent to, and serving the National Forest system and which is necessary for the protection, administration, and utilization of the National Forest system and the use and development of its resources.”.

26. 1978

    Federal-Aid Highway Act of 1978

    Pub. L. 95–599 § 106(b)(2) · 92 Stat. 2689

    Changed · 23 U.S.C. § 101(a)

    Pub. L. 95–599, § 106(b)(2), defined “forest development roads or trails” in terms of a forest road or trail under the jurisdiction of the Forest Service rather than in terms of a forest road or trail of primary importance for the protection, administration, and utilization of the national forest or other areas under the jurisdiction of the Forest Service

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 95–599, § 106(b)(2), defined “forest development roads or trails” in terms of a forest road or trail under the jurisdiction of the Forest Service rather than in terms of a forest road or trail of primary importance for the protection, administration, and utilization of the national forest or other areas under the jurisdiction of the Forest Service.

    Enacted provision · exact public law section
    (2) The definition of “forest development roads and trails” in section 101(a) of title 23 of the United States Code is amended to read as follows: “The term ‘forest development roads and trails’ means a forest road or trail under the jurisdiction of the Forest Service.”.

27. 1978

    Federal-Aid Highway Act of 1978

    Pub. L. 95–599 § 106(b)(3) · 92 Stat. 2689

    Changed · 23 U.S.C. § 101(a)

    Pub. L. 95–599, § 106(b)(3), defined “forest highway” in terms of a forest road under the jurisdiction of, and maintained by, a public authority and open to public travel rather than in terms of a forest road which is of primary importance to the States, counties, or communities contingent to national forests and which is a Federal-aid system

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 95–599, § 106(b)(3), defined “forest highway” in terms of a forest road under the jurisdiction of, and maintained by, a public authority and open to public travel rather than in terms of a forest road which is of primary importance to the States, counties, or communities contingent to national forests and which is a Federal-aid system.

    Enacted provision · exact public law section
    (3) The definition of “forest highway” in section 101(a) of title 23 of the United States Code is amended to read as follows: “The term ‘forest highway’ means a forest road under the jurisdiction of, and maintained by, a public authority and open to public travel.”.

28. 1978

    Federal-Aid Highway Act of 1978

    Pub. L. 95–599 § 106(b)(4) · 92 Stat. 2689

    Inserted · 23 U.S.C. § 101(a)

    Pub. L. 95–599, § 106(b)(4), inserted definition of “highway safety improvement project”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 95–599, § 106(b)(4), inserted definition of “highway safety improvement project”.

    Enacted provision · exact public law section
    (4) Section 101(a) of title 23, United States Code, is amended by adding after the definition of the term “ Federal-aid highways” the following new definition: “The term ‘highway safety improvement project’ means a project which corrects or improves high hazard locations, eliminates roadside obstacles, improves highway signing and pavement marking, or installs traffic control or warning devices at high accident potential locations.”.

29. 1983

    Surface Transportation Assistance Act of 1982

    Pub. L. 97–424 § 126(c)(1) · 96 Stat. 2097

    Substituted · 23 U.S.C. § 101(a)

    Pub. L. 97–424, § 126(c)(1), substituted provision that “park road” means a public road that is located within or provides access to an area in the national park system, for provision that “park roads and trails” means those roads or trails, including the necessary bridges, located in national parks or monuments, now or hereafter established, or in other areas administered by the National Park Service of the Department of the Interior (excluding parkways authorized by Acts of Congress) and also including approach roads to national parks or monuments authorized by the Act of January 31, 1931 (46 Stat. 1053), as amended

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 97–424, § 126(c)(1), substituted provision that “park road” means a public road that is located within or provides access to an area in the national park system, for provision that “park roads and trails” means those roads or trails, including the necessary bridges, located in national parks or monuments, now or hereafter established, or in other areas administered by the National Park Service of the Department of the Interior (excluding parkways authorized by Acts of Congress) and also including approach roads to national parks or monuments authorized by the Act of January 31, 1931 (46 Stat. 1053), as amended.

    Enacted provision · exact public law section
    (1) The twelfth undesignated paragraph of section 101(a) of title “Park road.” 23, United States Code, defining the term “park roads and trails”, is amended to read as follows: “The term ‘park road’ means a public road that is located within or provides access to an area in the national park system.”.

30. 1983

    Surface Transportation Assistance Act of 1982

    Pub. L. 97–424 § 126(c)(2) · 96 Stat. 2097

    Substituted · 23 U.S.C. § 101(a)

    Pub. L. 97–424, § 126(c)(2), substituted “The term ‘Indian reservation roads’ means public roads, including roads” for “The term ‘Indian reservation roads and bridges’ means roads and bridges, including roads and bridges” before “on the Federal-aid systems”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 97–424, § 126(c)(2), substituted “The term ‘Indian reservation roads’ means public roads, including roads” for “The term ‘Indian reservation roads and bridges’ means roads and bridges, including roads and bridges” before “on the Federal-aid systems”.

    Enacted provision · exact public law section
    (2) The tenth undesignated paragraph of section 101(a) of title 23, “Indian reservation roads.” United States Code, defining the term “Indian reservation roads and bridges” is amended by striking out “The term ‘Indian reservation roads and bridges’ means roads and bridges, including roads and bridges” and inserting in lieu thereof “The term ‘Indian reservation roads’ means public roads, including roads”.

31. 1983

    Surface Transportation Assistance Act of 1982

    Pub. L. 97–424 § 126(c)(3) · 96 Stat. 2097

    Inserted · 23 U.S.C. § 101(a)

    Pub. L. 97–424, § 126(c)(3), inserted provision defining “Federal lands highways”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 97–424, § 126(c)(3), inserted provision defining “Federal lands highways”.

    Enacted provision · exact public law section
    (3) Section 101(a) of title 23, United States Code, is amended by “Federal lands highways.” adding after the third undesignated paragraph, defining the term “county”, the following: “The term ‘Federal lands highways’ means forest highways, public lands highways, park roads, parkways, and Indian reservation roads which are public roads.”.

32. 1983

    Surface Transportation Assistance Act of 1982

    Pub. L. 97–424 § 159 · 96 Stat. 2097

    Inserted · 23 U.S.C. § 101(a)

    Pub. L. 97–424, § 159, in definition of “construction”, inserted provision that it also includes costs incurred by the State in performing Federal-aid project related audits which directly benefit the Federal-aid highway program

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 97–424, § 159, in definition of “construction”, inserted provision that it also includes costs incurred by the State in performing Federal-aid project related audits which directly benefit the Federal-aid highway program.

33. 1987

    Federal-Aid Highway Act of 1987

    Pub. L. 100–17 § 108 · 101 Stat. 132

    Inserted · 23 U.S.C. § 101(a)

    Pub. L. 100–17, § 108, in definition of “construction”, inserted “elimination of roadside obstacles,” after “grade crossings,”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 100–17, § 108, in definition of “construction”, inserted “elimination of roadside obstacles,” after “grade crossings,”.

    Enacted provision · exact public law section
    SEC. 108. ELIMINATION OF ROADSIDE OBSTACLES. The second undesignated paragraph of section 101(a) of title 23, United States Code, relating to the definition of construction, is amended by inserting after “grade crossings,” the following: “elimination of roadside obstacles,”.

34. 1987

    Federal-Aid Highway Act of 1987

    Pub. L. 100–17 § 133(b)(2) · 101 Stat. 132

    Substituted · 23 U.S.C. § 101(a)

    Pub. L. 100–17, § 133(b)(2), substituted definition of “forest road or trail” for “forest or trail”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 100–17, § 133(b)(2), substituted definition of “forest road or trail” for “forest or trail”.

    Enacted provision · exact public law section
    (2) The fifth undesignated paragraph of section 101(a) of such title is amended by striking out “forest or trail” and inserting in lieu thereof “forest road or trail”.

35. 1987

    Federal-Aid Highway Act of 1987

    Pub. L. 100–17 § 109 · 101 Stat. 132

    Inserted · 23 U.S.C. § 101(a)

    Pub. L. 100–17, § 109, in definition of “highway safety improvement project”, inserted “installs or replaces emergency motorist-aid call boxes,” after “pavement marking,”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 100–17, § 109, in definition of “highway safety improvement project”, inserted “installs or replaces emergency motorist-aid call boxes,” after “pavement marking,”.

    Enacted provision · exact public law section
    SEC. 109. EMERGENCY CALL BOXES. The tenth undesignated paragraph of section 101(a) of title 23, United States Code, relating to the definition of highway safety improvement project, is amended by inserting after “pavement marking,” the following: “installs or replaces emergency motoristaid call boxes,”.

36. 1987

    Federal-Aid Highway Act of 1987

    Pub. L. 100–17 § 133(b)(3) · 101 Stat. 132

    Amended · 23 U.S.C. § 101(a)

    Pub. L. 100–17, § 133(b)(3), amended definition of “park road” generally. Prior to amendment, definition read as follows: “The term ‘park road’ means a public road that is located within or provides access to an area in the national park system.”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 100–17, § 133(b)(3), amended definition of “park road” generally. Prior to amendment, definition read as follows: “The term ‘park road’ means a public road that is located within or provides access to an area in the national park system.”

    Enacted provision · exact public law section
    (3) Section 101(a) of such title is amended by striking out the thirteenth undesignated paragraph (relating to the definition of “park road”) and inserting in lieu thereof the following: “The term ‘park road’ means a public road that is located within, or provides access to, an area in the national park system with title and maintenance responsibilities vested in the United States.”.

37. 1987

    Federal-Aid Highway Act of 1987

    Pub. L. 100–17 § 102(b)(3) · 101 Stat. 132

    1. Substituted · 23 U.S.C. § 101(b)

       Pub. L. 100–17, § 102(b)(3), substituted “thirty-seven years’ ” for “thirty-four years’ ” in second par

    2. Substituted · 23 U.S.C. § 101(b)

       Pub. L. 100–17, § 102(b)(3), substituted “1993” for “1990” in second par

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 100–17, § 102(b)(3), substituted “thirty-seven years’ ” for “thirty-four years’ ” and “1993” for “1990” in second par.

    Enacted provision · exact public law section
    (3) Conforming amendment.— The second paragraph of section 101(b) of such title is amended— (A) by striking out “thirty-four years’” and inserting in lieu thereof “thirty-seven years’”; and (B) by striking out “1990” and inserting in lieu thereof “1993”.

38. 1990

    Pub. L. 101–427 · 104 Stat. 927

    Substituted · 23 U.S.C. § 101(b)

    Pub. L. 101–427 substituted “The Dwight D. Eisenhower System of Interstate and Defense Highways” for “the National System of Interstate and Defense Highways” in first two pars

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 101–427 substituted “The Dwight D. Eisenhower System of Interstate and Defense Highways” for “the National System of Interstate and Defense Highways” in first two pars.

39. 1991

    Intermodal Surface Transportation Efficiency Act of 1991

    Pub. L. 102–240 § 1006(g)(1) · 105 Stat. 1914

    1. Added · 23 U.S.C. § 101(a)

       Pub. L. 102–240, § 1006(g)(1), added provision defining “Federal-aid highways”

    2. Struck · 23 U.S.C. § 101(a)

       Pub. L. 102–240, § 1006(g)(1), struck out former provision which read as follows: “The term ‘Federal-aid highways’ means highways located on one of the Federal-aid systems described in section 103 of this title.”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 102–240, § 1006(g)(1), added provision defining “Federal-aid highways” and struck out former provision which read as follows: “The term ‘Federal-aid highways’ means highways located on one of the Federal-aid systems described in section 103 of this title.”

    Enacted provision · exact public law section
    (1) Definitions.— Section 101(a) of title 23, United States Code, is amended by striking the paragraph relating to Federal-aid highways and inserting the following new paragraph: “The term ‘Federal-aid highways’ means highways eligible for assistance under this chapter other than highways classified as local roads or rural minor collectors.”.

40. 1991

    Intermodal Surface Transportation Efficiency Act of 1991

    Pub. L. 102–240 § 1005(a) · 105 Stat. 1914

    Inserted · 23 U.S.C. § 101(a)

    Pub. L. 102–240, § 1005(a), in definition of “highway safety improvement project”, inserted “installs priority control systems for emergency vehicles at signalized intersections” after “marking,”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 102–240, § 1005(a), in definition of “highway safety improvement project”, inserted “installs priority control systems for emergency vehicles at signalized intersections” after “marking,”.

    Enacted provision · exact public law section
    (a) Highway Safety Improvement Project.— The undesignated paragraph of section 101(a) of title 23, United States Code, relating to highway safety improvement project is amended by inserting after “marking,” the following: “installs priority control systems for emergency vehicles at signalized intersections,”.

41. 1991

    Intermodal Surface Transportation Efficiency Act of 1991

    Pub. L. 102–240 § 1005(d)(3) · 105 Stat. 1914

    Struck · 23 U.S.C. § 101(a)

    Pub. L. 102–240, § 1005(d)(3), in definition of “Indian reservation roads”, struck out “, including roads on the Federal-aid systems,” after “public roads”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 102–240, § 1005(d)(3), in definition of “Indian reservation roads”, struck out “, including roads on the Federal-aid systems,” after “public roads”.

    Enacted provision · exact public law section
    (3) in the undesignated paragraph relating to Indian reservation roads by striking “, including roads on the Federal-aid systems,”; and

42. 1991

    Intermodal Surface Transportation Efficiency Act of 1991

    Pub. L. 102–240 § 1005(d)(4) · 105 Stat. 1914

    Inserted · 23 U.S.C. § 101(a)

    Pub. L. 102–240, § 1005(d)(4), in definition of “park road”, inserted “, including a bridge built primarily for pedestrian use, but with capacity for use by emergency vehicles” before “that is located”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 102–240, § 1005(d)(4), in definition of “park road”, inserted “, including a bridge built primarily for pedestrian use, but with capacity for use by emergency vehicles” before “that is located”.

    Enacted provision · exact public law section
    (4) in the undesignated paragraph relating to park road by inserting “, including a bridge built primarily for pedestrian use, but with capacity for use by emergency vehicles,” before “that is located within”.

43. 1991

    Intermodal Surface Transportation Efficiency Act of 1991

    Pub. L. 102–240 § 1005(b) · 105 Stat. 1914

    1. Inserted · 23 U.S.C. § 101(a)

       Pub. L. 102–240, § 1005(b), inserted provision defining “urbanized area”

    2. Struck · 23 U.S.C. § 101(a)

       Pub. L. 102–240, § 1005(b), struck out former provision which read as follows: “The term ‘urbanized area’ means an area so designated by the Bureau of the Census, within boundaries to be fixed by responsible State and local officials in cooperation with each other, subject to approval by the Secretary. Such boundaries shall, as a minimum, encompass the entire urbanized area within a State as designated by the Bureau of the Census.”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 102–240, § 1005(b), inserted provision defining “urbanized area” and struck out former provision which read as follows: “The term ‘urbanized area’ means an area so designated by the Bureau of the Census, within boundaries to be fixed by responsible State and local officials in cooperation with each other, subject to approval by the Secretary. Such boundaries shall, as a minimum, encompass the entire urbanized area within a State as designated by the Bureau of the Census.”

    Enacted provision · exact public law section
    (b) Urbanized Area.— Such section is amended by striking the undesignated paragraph relating to urbanized area and inserting the following new undesignated paragraph: “The term ‘urbanized area’ means an area with a population of 50,000 or more designated by the Bureau of the Census, within boundaries to be fixed by responsible State and local officials in cooperation with each other, subject to approval by the Secretary. Boundaries shall, at a minimum, encompass the entire urbanized area within a State as designated by the Bureau of the Census.”.

44. 1991

    Intermodal Surface Transportation Efficiency Act of 1991

    Pub. L. 102–240 § 1005(c) · 105 Stat. 1914

    1. Inserted · 23 U.S.C. § 101(a)

       Pub. L. 102–240, § 1005(c), inserted provision defining “National Highway System”

    2. Struck · 23 U.S.C. § 101(a)

       Pub. L. 102–240, § 1005(c), struck out former provision defining “Federal-aid primary system” which read as follows: “The term ‘Federal-aid primary system’ means the Federal-aid highway system described in subsection (b) of section 103 of this title.”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 102–240, § 1005(c), inserted provision defining “National Highway System” and struck out former provision defining “Federal-aid primary system” which read as follows: “The term ‘Federal-aid primary system’ means the Federal-aid highway system described in subsection (b) of section 103 of this title.”

    Enacted provision · exact public law section
    (c) National Highway System.— Such section is further amended by striking the undesignated paragraph relating to the Federal-aid primary system and inserting the following new undesignated paragraph: “The term ‘National Highway System’ means the Federal-aid highway system described in subsection (b) of section 103 of this title.”.

45. 1991

    Intermodal Surface Transportation Efficiency Act of 1991

    Pub. L. 102–240 § 1005(d)(1) · 105 Stat. 1914

    Struck · 23 U.S.C. § 101(a)

    Pub. L. 102–240, § 1005(d)(1), (2), struck out provisions defining “Federal-aid secondary system” and “Federal-aid urban system” which read as follows:

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 102–240, § 1005(d)(1), (2), struck out provisions defining “Federal-aid secondary system” and “Federal-aid urban system” which read as follows:

    “The term ‘Federal-aid secondary system’ means the Federal-aid highway system described in subsection (c) of section 103 of this title. “The term ‘Federal-aid urban system’ means the Federal-aid highway system described in subsection (d) of section 103 of this title.”

    Enacted provision · exact public law section
    (1) by striking the undesignated paragraph relating to the Federal-aid secondary system;

46. 1991

    Intermodal Surface Transportation Efficiency Act of 1991

    Pub. L. 102–240 § 1005(e) · 105 Stat. 1914

    Inserted · 23 U.S.C. § 101(a)

    Pub. L. 102–240, § 1005(e), in definition of “Interstate System”, inserted “Dwight D. Eisenhower” before “National”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 102–240, § 1005(e), in definition of “Interstate System”, inserted “Dwight D. Eisenhower” before “National”.

    Enacted provision · exact public law section
    (e) Interstate System.— The undesignated paragraph of such section relating to the Interstate System is amended by inserting “Dwight D. Eisenhower” before “National”.

47. 1991

    Intermodal Surface Transportation Efficiency Act of 1991

    Pub. L. 102–240 § 1005(g) · 105 Stat. 1914

    Inserted · 23 U.S.C. § 101(a)

    Pub. L. 102–240, § 1005(g), inserted provisions defining “start-up costs for traffic management and control”, “carpool project”, “public authority” and “public lands highway”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 102–240, § 1005(g), inserted provisions defining “start-up costs for traffic management and control”, “carpool project”, “public authority” and “public lands highway”.

    Enacted provision · exact public law section
    (g) Startup Costs for Traffic Management and Control; Carpool Project; Public Authority; Public Lands Highway; Reconstruction.— Such section is further amended by inserting after the undesignated paragraph relating to Interstate System the following new undesignated paragraphs: “The term ‘startup costs for traffic management and control’ means initial costs (including labor costs, administration costs, cost of utilities, and rent) for integrated traffic control systems, incident management programs, and traffic control centers. “The term ‘carpool project’ means any project to encourage the use of carpools and vanpools, including but not limited to provision of carpooling opportunities to the elderly and handicapped, systems for locating potential riders and informing them of carpool opportunities, acquiring vehicles for carpool use, designating existing highway lanes as preferential carpool highway lanes, providing related traffic control devices, and designating existing facilities for use for preferential parking for carpools. “The term ‘public authority’ means a Federal, State, county, town, or township, Indian tribe, municipal or other local government or instrumentality with authority to finance, build, operate, or maintain toll or toll-free facilities. “The term ‘public lands highway’ means a forest road under the jurisdiction of and maintained by a public authority and open to public travel or any highway through unappropriated or unreserved public lands, nontaxable Indian lands, or other Federal reservations under the jurisdiction of and maintained by a public authority and open to public travel.”.

48. 1991

    Intermodal Surface Transportation Efficiency Act of 1991

    Pub. L. 102–240 § 1005(f) · 105 Stat. 1914

    Inserted · 23 U.S.C. § 101(a)

    Pub. L. 102–240, § 1005(f), inserted provision defining “operational improvement”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 102–240, § 1005(f), inserted provision defining “operational improvement”.

    Enacted provision · exact public law section
    (f) Operational Improvement.— Such section is further amended by inserting after the undesignated paragraph relating to Interstate System the following new undesignated paragraph: “The term ‘operational improvement’ means a capital improvement for installation of traffic surveillance and control equipment, computerized signal systems, motorist information systems, integrated traffic control systems, incident management programs, and transportation demand management facilities, strategies, and programs and such other capital improvements to public roads as the Secretary may designate, by regulation; except that such term does not include resurfacing, restoring, or rehabilitating improvements, construction of additional lanes, interchanges, and grade separations, and construction of a new facility on a new location.”.

49. 1991

    Intermodal Surface Transportation Efficiency Act of 1991

    Pub. L. 102–240 § 1007(c) · 105 Stat. 1914

    Inserted · 23 U.S.C. § 101(a)

    Pub. L. 102–240, § 1007(c), inserted provision defining “transportation enhancement activities”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 102–240, § 1007(c), inserted provision defining “transportation enhancement activities”.

    Enacted provision · exact public law section
    (c) Transportation Enhancement Activities Defined.— Section 101(a) of title 23, United States Code, is amended by adding at the end the following new paragraph: “The term ‘transportation enhancement activities’ means, with respect to any project or the area to be served by the project, provision of facilities for pedestrians and bicycles, acquisition of scenic easements and scenic or historic sites, scenic or historic highway programs, landscaping and other scenic beautification, historic preservation, rehabilitation and operation of historic transportation buildings, structures, or facilities (including historic railroad facilities and canals), preservation of abandoned railway corridors (including the conversion and use thereof for pedestrian or bicycle trails), control and removal of outdoor advertising, archaeological planning and research, and mitigation of water pollution due to highway runoff.”.

50. 1991

    Intermodal Surface Transportation Efficiency Act of 1991

    Pub. L. 102–240 § 1001(g) · 105 Stat. 1914

    1. Substituted · 23 U.S.C. § 101(b)

       Pub. L. 102–240, § 1001(g), substituted “forty” for “thirty-seven” in second par

    2. Substituted · 23 U.S.C. § 101(b)

       Pub. L. 102–240, § 1001(g), substituted “1996” for “1993” in second par

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 102–240, § 1001(g), substituted “forty” for “thirty-seven” and “1996” for “1993” in second par.

    Enacted provision · exact public law section
    (g) Declaration of Policy.— The second paragraph of section 101(b) of such title is amended— (1) by striking “thirty-seven years’ ” and inserting “forty years”; and (2) by striking “1993” and inserting “1996”.

51. 1995

    National Highway System Designation Act of 1995

    Pub. L. 104–59 § 311(b) · 109 Stat. 568

    Inserted · 23 U.S.C. § 101(a)

    Pub. L. 104–59, § 311(b), in first sentence of definition of “construction”, inserted “bond costs and other costs relating to the issuance in accordance with section 122 of bonds or other debt financing instruments,” after “highway, including”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 104–59, § 311(b), in first sentence of definition of “construction”, inserted “bond costs and other costs relating to the issuance in accordance with section 122 of bonds or other debt financing instruments,” after “highway, including”.

    Enacted provision · exact public law section
    (b) Definition of Construction.— The first sentence of the undesignated paragraph relating to the term “construction” of section 101(a) of such title is amended by inserting “bond costs and other costs relating to the issuance in accordance with section 122 of bonds or other debt financing instruments,” after “highway, including”.

52. 1995

    National Highway System Designation Act of 1995

    Pub. L. 104–59 § 301(b)(1) · 109 Stat. 568

    Inserted · 23 U.S.C. § 101(a)

    Pub. L. 104–59, § 301(b)(1), in definition of “project”, inserted before period at end “or any other undertaking eligible for assistance under this title”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 104–59, § 301(b)(1), in definition of “project”, inserted before period at end “or any other undertaking eligible for assistance under this title”.

    Enacted provision · exact public law section
    (1) in the undesignated paragraph relating to the term “project” by inserting before the period at the end the following: “or any other undertaking eligible for assistance under this title”; and

53. 1995

    National Highway System Designation Act of 1995

    Pub. L. 104–59 § 301(b)(2) · 109 Stat. 568

    1. Added · 23 U.S.C. § 101(a)

       Pub. L. 104–59, § 301(b)(2), added provision defining “operating costs for traffic monitoring, management, and control”

    2. Struck · 23 U.S.C. § 101(a)

       Pub. L. 104–59, § 301(b)(2), struck out former provision defining “startup costs for traffic management and control” which read as follows: “The term ‘startup costs for traffic management and control’ means initial costs (including labor costs, administration costs, cost of utilities, and rent) for integrated traffic control systems, incident management programs, and traffic control centers.”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 104–59, § 301(b)(2), added provision defining “operating costs for traffic monitoring, management, and control” and struck out former provision defining “startup costs for traffic management and control” which read as follows: “The term ‘startup costs for traffic management and control’ means initial costs (including labor costs, administration costs, cost of utilities, and rent) for integrated traffic control systems, incident management programs, and traffic control centers.”

    Enacted provision · exact public law section
    (2) by striking the undesignated paragraph relating to the term “startup costs for traffic management and control” and inserting the following: “The term ‘operating costs for traffic monitoring, management, and control’ includes labor costs, administrative costs, costs of utilities and rent, and other costs associated with the continuous operation of traffic control, such as integrated traffic control systems, incident management programs, and traffic control centers.”.

54. 1998

    Transportation Equity Act for the 21st Century

    Pub. L. 105–178 title I § 1201 · 112 Stat. 107

    1. Inserted · 23 U.S.C. § 101(a)

       Pub. L. 105–178 inserted heading

    2. Amended · 23 U.S.C. § 101(a)

       Pub. L. 105–178 amended text of subsec. (a) generally, alphabetizing, numbering

    3. Inserted · 23 U.S.C. § 101(a)

       Pub. L. 105–178 inserting headings for terms defined

    4. Inserted · 23 U.S.C. § 101(a)

       Pub. L. 105–178 inserting definitions of “maintenance area” and “refuge road”

    5. Substituted · 23 U.S.C. § 101(a)

       Pub. L. 105–178 substituting definition of “State transportation department” for definition of “State highway department”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 105–178 inserted heading and amended text of subsec. (a) generally, alphabetizing, numbering, and inserting headings for terms defined, inserting definitions of “maintenance area” and “refuge road”, and substituting definition of “State transportation department” for definition of “State highway department”.

    Enacted provision · exact public law section
    SEC. 1201. DEFINITIONS. Section 101(a) of title 23, United States Code, is amended to read as follows: “(a) Definitions.— In this title, the following definitions apply: “(1) Apportionment.— The term ‘apportionment’ includes unexpended apportionments made under prior authorization laws. “(2) Carpool project.— The term ‘carpool project’ means any project to encourage the use of carpools and vanpools, including provision of carpooling opportunities to the elderly and individuals with disabilities, systems for locating potential riders and informing them of carpool opportunities, acquiring vehicles for carpool use, designating existing highway lanes as preferential carpool highway lanes, providing related traffic control devices, and designating existing facilities for use for preferential parking for carpools. “(3) Construction.— The term ‘construction’ means the supervising, inspecting, actual building, and incurrence of all costs incidental to the construction or reconstruction of a highway, including bond costs and other costs relating to the issuance in accordance with section 122 of bonds or other debt financing instruments and costs incurred by the State in performing Federal-aid project related audits that directly benefit the Federal-aid highway program. Such term includes— “(A) locating, surveying, and mapping (including the establishment of temporary and permanent geodetic markers in accordance with specifications of the National Oceanic and Atmospheric Administration of the Department of Commerce); “(B) resurfacing, restoration, and rehabilitation; “(C) acquisition of rights-of-way; “(D) relocation assistance, acquisition of replacement housing sites, and acquisition and rehabilitation, relocation, and construction of replacement housing; “(E) elimination of hazards of railway grade crossings; “(F) elimination of roadside obstacles; “(G) improvements that directly facilitate and control traffic flow, such as grade separation of intersections, widening of lanes, channelization of traffic, traffic control systems, and passenger loading and unloading areas; and “(H) capital improvements that directly facilitate an effective vehicle weight enforcement program, such as scales (fixed and portable), scale pits, scale installation, and scale houses. “(4) County.— The term ‘county’ includes corresponding units of government under any other name in States that do not have county organizations and, in those States in which the county government does not have jurisdiction over highways, any local government unit vested with jurisdiction over local highways. “(5) Federal-aid highway.— The term ‘Federal-aid highway’ means a highway eligible for assistance under this chapter other than a highway classified as a local road or rural minor collector. “(6) Federal-aid system.— The term ‘Federal-aid system’ means any of the Federal-aid highway systems described in section 103. “(7) Federal lands highway.— The term ‘Federal lands highway’ means a forest highway, public lands highway, park road, parkway, refuge road, and Indian reservation road that is a public road. “(8) Forest development roads and trails.— The term ‘forest development roads and trails’ means forest roads and trails under the jurisdiction of the Forest Service. “(9) Forest highway.— The term ‘forest highway’ means a forest road under the jurisdiction of, and maintained by, a public authority and open to public travel. “(10) Forest road or trail.— The term ‘forest road or trail’ means a road or trail wholly or partly within, or adjacent to, and serving the National Forest System that is necessary for the protection, administration, and utilization of the National Forest System and the use and development of its resources. “(11) Highway.— The term ‘highway’ includes— “(A) a road, street, and parkway; “(B) a right-of-way, bridge, railroad-highway crossing, tunnel, drainage structure, sign, guardrail, and protective structure, in connection with a highway; and “(C) a portion of any interstate or international bridge or tunnel and the approaches thereto, the cost of which is assumed by a State transportation department, including such facilities as may be required by the United States Customs and Immigration Services in connection with the operation of an international bridge or tunnel. “(12) Indian reservation road.— The term ‘Indian reservation road’ means a public road that is located within or provides access to an Indian reservation or Indian trust land or restricted Indian land that is not subject to fee title alienation without the approval of the Federal Government, or Indian and Alaska Native villages, groups, or communities in which Indians and Alaskan Natives reside, whom the Secretary of the Interior has determined are eligible for services generally available to Indians under Federal laws specifically applicable to Indians. “(13) Interstate system.— The term ‘Interstate System’ means the Dwight D. Eisenhower National System of Interstate and Defense Highways described in section 103(c). “(14) Maintenance.— The term ‘maintenance’ means the preservation of the entire highway, including surface, shoulders, roadsides, structures, and such traffic-control devices as are necessary for safe and efficient utilization of the highway. “(15) Maintenance area.— The term ‘maintenance area’ means an area that was designated as a nonattainment area, but was later redesignated by the Administrator of the Environmental Protection Agency as an attainment area, under section 107(d) of the Clean Air Act (42 U.S.C. 7407(d)). “(16) National highway system.— The term ‘National Highway System’ means the Federal-aid highway system described in section 103(b). “(17) Operating costs for traffic monitoring, management, and control.— The term ‘operating costs for traffic monitoring, management, and control’ includes labor costs, administrative costs, costs of utilities and rent, and other costs associated with the continuous operation of traffic control, such as integrated traffic control systems, incident management programs, and traffic control centers. “(18) Operational improvement.— The term ‘operational improvement’— “(A) means (i) a capital improvement for installation of traffic surveillance and control equipment, computerized signal systems, motorist information systems, integrated traffic control systems, incident management programs, and transportation demand management facilities, strategies, and programs, and (ii) such other capital improvements to public roads as the Secretary may designate, by regulation; and “(B) does not include resurfacing, restoring, or rehabilitating improvements, construction of additional lanes, interchanges, and grade separations, and construction of a new facility on a new location. “(19) Park road.— The term ‘park road’ means a public road, including a bridge built primarily for pedestrian use, but with capacity for use by emergency vehicles, that is located within, or provides access to, an area in the National Park System with title and maintenance responsibilities vested in the United States. “(20) Parkway.— The term ‘parkway1, as used in chapter 2 of this title, means a parkway authorized by Act of Congress on lands to which title is vested in the United States. “(21) Project.— The term ‘project’ means an undertaking to construct a particular portion of a highway, or if the context so implies, the particular portion of a highway so constructed or any other undertaking eligible for assistance under this title. “(22) Project agreement.— The term ‘project agreement’ means the formal instrument to be executed by the State transportation department and the Secretary as required by section 106. “(23) Public authority.— The term ‘public authority’ means a Federal, State, county, town, or township, Indian tribe, municipal or other local government or instrumentality with authority to finance, build, operate, or maintain toll or toll-free facilities. “(24) Public lands development roads and trails.— The term ‘public lands development roads and trails’ means those roads and trails that the Secretary of the Interior determines are of primary importance for the development, protection, administration, and utilization of public lands and resources under the control of the Secretary of the Interior. “(25) Public lands highway.— The term ‘public lands highway’ means a forest road under the jurisdiction of and maintained by a public authority and open to public travel or any highway through unappropriated or unreserved public lands, nontaxable Indian lands, or other Federal reservations under the jurisdiction of and maintained by a public authority and open to public travel. “(26) Public lands highways.— The term ‘public lands highways’ means those main highways through unappropriated or unreserved public lands, nontaxable Indian lands, or other Federal reservations, which are on the Federal-aid systems. “(27) Public road.— The term ‘public road’ means any road or street under the jurisdiction of and maintained by a public authority and open to public travel. “(28) Refuge road.— The term ‘refuge road’ means a public road that provides access to or within a unit of the National Wildlife Refuge System and for which title and maintenance responsibility is vested in the United States Government. “(29) Rural areas.— The term ‘rural areas’ means all areas of a State not included in urban areas. “(30) Safety improvement project.— The term ‘safety improvement project’ means a project that corrects or improves high hazard locations, eliminates roadside obstacles, improves highway signing and pavement marking, installs priority control systems for emergency vehicles at signalized intersections, installs or replaces emergency motorist aid call boxes, or installs traffic control or warning devices at locations with high accident potential. “(31) Secretary.— The term ‘Secretary’ means Secretary of Transportation. “(32) State.— The term ‘State’ means any of the 50 States, the District of Columbia, or Puerto Rico. “(33) State funds.— The term ‘State funds’ includes funds raised under the authority of the State or any political or other subdivision thereof, and made available for expenditure under the direct control of the State transportation department. “(34) State transportation department.— The term ‘State transportation department’ means that department, commission, board, or official of any State charged by its laws with the responsibility for highway construction. “(35) Transportation enhancement activities.— The term ‘transportation enhancement activities’ means, with respect to any project or the area to be served by the project, any of the following activities if such activity relates to surface transportation: provision of facilities for pedestrians and bicycles, provision of safety and educational activities for pedestrians and bicyclists, acquisition of scenic easements and scenic or historic sites, scenic or historic highway programs (including the provision of tourist and welcome center facilities), landscaping and other scenic beautification, historic preservation, rehabilitation and operation of historic transportation buildings, structures, or facilities (including historic railroad facilities and canals), preservation of abandoned railway corridors (including the conversion and use thereof for pedestrian or bicycle trails), control and removal of outdoor advertising, archaeological planning and research, environmental mitigation to address water pollution due to highway runoff or reduce vehicle-caused wildlife mortality while maintaining habitat connectivity, and establishment of transportation museums. “(36) Urban area.— The term ‘urban area’ means an urbanized area or, in the case of an urbanized area encompassing more than one State, that part of the urbanized area in each such State, or urban place as designated by the Bureau of the Census having a population of 5,000 or more and not within any urbanized area, within boundaries to be fixed by responsible State and local officials in cooperation with each other, subject to approval by the Secretary. Such boundaries shall encompass, at a minimum, the entire urban place designated by the Bureau of the Census, except in the case of cities in the State of Maine and in the State of New Hampshire. “(37) Urbanized area.— The term ‘urbanized area’ means an area with a population of 50,000 or more designated by the Bureau of the Census, within boundaries to be fixed by responsible State and local officials in cooperation with each other, subject to approval by the Secretary. Such boundaries shall encompass, at a minimum, the entire urbanized area within a State as designated by the Bureau of the Census.”.

55. 2005

    Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users

    Pub. L. 109–59 § 1122(a) · 119 Stat. 1144

    1. Amended · 23 U.S.C. § 101(a)(35)

       Pub. L. 109–59, § 1122(a), amended heading and text of par. (35) generally

    2. Substituted · 23 U.S.C. § 101(a)(35)

       Pub. L. 109–59, § 1122(a), substituting introductory provisions and subpars. (A) to (L) defining “Transportation enhancement activity” for substantially identical undesignated provisions defining “Transportation enhancement activities”

    Source evidence

    Code amendment note
    Subsec. (a)(35). Pub. L. 109–59, § 1122(a), amended heading and text of par. (35) generally, substituting introductory provisions and subpars. (A) to (L) defining “Transportation enhancement activity” for substantially identical undesignated provisions defining “Transportation enhancement activities”.

    Enacted provision · exact public law section
    (a) Transportation Enhancement Activity.— Section 101(a)(35) of title 23, United States Code, is amended to read as follows: “(35) Transportation enhancement activity.— The term ‘transportation enhancement activity’ means, with respect to any project or the area to be served by the project, any of the following activities as the activities relate to surface transportation: “(A) Provision of facilities for pedestrians and bicycles. “(B) Provision of safety and educational activities for pedestrians and bicyclists. “(C) Acquisition of scenic easements and scenic or historic sites (including historic battlefields). “(D) Scenic or historic highway programs (including the provision of tourist and welcome center facilities). “(E) Landscaping and other scenic beautification. “(F) Historic preservation. “(G) Rehabilitation and operation of historic transportation buildings, structures, or facilities (including historic railroad facilities and canals). “(H) Preservation of abandoned railway corridors (including the conversion and use of the corridors for pedestrian or bicycle trails). “(I) Inventory, control, and removal of outdoor advertising. “(J) Archaeological planning and research. “(K) Environmental mitigation— “(i) to address water pollution due to highway runoff; or “(ii) reduce vehicle-caused wildlife mortality while maintaining habitat connectivity. “(L) Establishment of transportation museums.” .

56. 2005

    Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users

    Pub. L. 109–59 § 1122(b) · 119 Stat. 1144

    Added · 23 U.S.C. § 101(a)(38)

    Pub. L. 109–59, § 1122(b), added par. (38)

    Source evidence

    Code amendment note
    Subsec. (a)(38). Pub. L. 109–59, § 1122(b), added par. (38).

    Enacted provision · exact public law section
    (b) Advanced Truck Stop Electrification System.— Such section 101(a) is amended by adding at the end the following: “(38) Advanced truck stop electrification system.— The term ‘advanced truck stop electrification system’ means a system that delivers heat, air conditioning, electricity, or communications to a heavy duty vehicle.” .

57. 2005

    Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users

    Pub. L. 109–59 § 1909(a) · 119 Stat. 1144

    1. Inserted · 23 U.S.C. § 101(b)

       Pub. L. 109–59, § 1909(a), inserted subsec. heading

    2. Substituted · 23 U.S.C. § 101(b)

       Pub. L. 109–59, § 1909(a), substituted heading and text of par. (1) for first undesignated par. relating to declaration that it was in the national interest to accelerate the construction of the Federal-aid highway systems

    3. Amended · 23 U.S.C. § 101(b)

       Pub. L. 109–59, § 1909(a), designated second undesignated par. as par. (2)

    4. Inserted · 23 U.S.C. § 101(b)

       Pub. L. 109–59, § 1909(a), inserted heading

    5. Substituted · 23 U.S.C. § 101(b)

       Pub. L. 109–59, § 1909(a), substituted “Congress declares that the prompt and early completion of the Dwight D. Eisenhower National System of Interstate and Defense Highways (referred to in this section as the ‘Interstate System’), so named because of its primary importance to the national defense, is essential to the national interest” for “It is hereby declared that the prompt and early completion of The Dwight D. Eisenhower System of Interstate and Defense Highways, so named because of its primary importance to the national defense and hereafter referred to as the ‘Interstate System’, is essential to the national interest and is one of the most important objectives of this Act”

    6. Substituted · 23 U.S.C. § 101(b)

       Pub. L. 109–59, § 1909(a), substituted heading and text of par. (3) for third undesignated par. relating to the national policy that increased emphasis be placed on the construction and reconstruction of the other Federal-aid systems

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 109–59, § 1909(a), inserted subsec. heading, substituted heading and text of par. (1) for first undesignated par. relating to declaration that it was in the national interest to accelerate the construction of the Federal-aid highway systems, designated second undesignated par. as par. (2), inserted heading, and substituted “Congress declares that the prompt and early completion of the Dwight D. Eisenhower National System of Interstate and Defense Highways (referred to in this section as the ‘Interstate System’), so named because of its primary importance to the national defense, is essential to the national interest” for “It is hereby declared that the prompt and early completion of The Dwight D. Eisenhower System of Interstate and Defense Highways, so named because of its primary importance to the national defense and hereafter referred to as the ‘Interstate System’, is essential to the national interest and is one of the most important objectives of this Act”, and substituted heading and text of par. (3) for third undesignated par. relating to the national policy that increased emphasis be placed on the construction and reconstruction of the other Federal-aid systems.

    Enacted provision · exact public law section
    (a) Declaration of Policy.— Section 101(b) of title 23, United States Code, is amended— (1) by striking “(b) It is hereby declared” and all that follows through the first undesignated paragraph and inserting the following: “(b) Declaration of Policy.— “(1) Acceleration of construction of federal-aid highway systems.— Congress declares that it is in the national interest to accelerate the construction of Federal-aid highway systems, including the Dwight D. Eisenhower National System of Interstate and Defense, because many of the highways (or portions of the highways) are inadequate to meet the needs of local and interstate commerce for the national and civil defense.” ; (2) in the second undesignated paragraph by striking “It is hereby declared” and all that follows through “objectives of this Act” and inserting the following: “(2) Completion of interstate system.— Congress declares that the prompt and early completion of the Dwight D. Eisenhower National System of Interstate and Defense Highways (referred to in this section as the ‘Interstate System’), so named because of its primary importance to the national defense, is essential to the national interest” ; and (3) by striking the third undesignated paragraph and inserting the following: “(3) Transportation needs of 21st century.— Congress declares that— “(A) it is in the national interest to preserve and enhance the surface transportation system to meet the needs of the United States for the 21st Century; “(B) the current urban and long distance personal travel and freight movement demands have surpassed the original forecasts and travel demand patterns are expected to continue to change; “(C) continued planning for and investment in surface transportation is critical to ensure the surface transportation system adequately meets the changing travel demands of the future; “(D) among the foremost needs that the surface transportation system must meet to provide for a strong and vigorous national economy are safe, efficient, and reliable— “(i) national and interregional personal mobility (including personal mobility in rural and urban areas) and reduced congestion; “(ii) flow of interstate and international commerce and freight transportation; and “(iii) travel movements essential for national security; “(E) special emphasis should be devoted to providing safe and efficient access for the type and size of commercial and military vehicles that access designated National Highway System intermodal freight terminals; “(F) the connection between land use and infrastructure is significant; “(G) transportation should play a significant role in promoting economic growth, improving the environment, and sustaining the quality of life; and “(H) the Secretary should take appropriate actions to preserve and enhance the Interstate System to meet the needs of the 21st Century.” .

58. 2008

    SAFETEA–LU Technical Corrections Act of 2008

    Pub. L. 110–244 title I § 101(h) · 122 Stat. 1572

    Added · 23 U.S.C. § 101(a)(39)

    Pub. L. 110–244 added par. (39)

    Source evidence

    Code amendment note
    Subsec. (a)(39). Pub. L. 110–244 added par. (39).

    Enacted provision · exact public law section
    (h) Transportation Systems Management and Operations Defined.— Section 101(a) of title 23, United States Code, is amended by adding at the end the following: “(39) Transportation systems management and operations.— “(A) In general.— The term ‘transportation systems management and operations’ means an integrated program to optimize the performance of existing infrastructure through the implementation of multimodal and intermodal, cross-jurisdictional systems, services, and projects designed to preserve capacity and improve security, safety, and reliability of the transportation system. “(B) Inclusions.— The term ‘transportation systems management and operations’ includes— “(i) regional operations collaboration and coordination activities between transportation and public safety agencies; and “(ii) improvements to the transportation system, such as traffic detection and surveillance, arterial management, freeway management, demand management, work zone management, emergency management, electronic toll collection, automated enforcement, traffic incident management, roadway weather management, traveler information services, commercial vehicle operations, traffic control, freight management, and coordination of highway, rail, transit, bicycle, and pedestrian operations.” .

59. 2012

    Moving Ahead for Progress in the 21st Century Act

    Pub. L. 112–141 § 1103(a)(3) · 126 Stat. 405

    Redesignated · 23 U.S.C. § 101(a)(2)

    Pub. L. 112–141, § 1103(a)(3), added par. (2). Former par. (2) redesignated (3)

    Source evidence

    Code amendment note
    Subsec. (a)(2). Pub. L. 112–141, § 1103(a)(3), added par. (2). Former par. (2) redesignated (3).

    Enacted provision · exact public law section
    (3) by inserting after paragraph (1) the following: “(2) Asset management.— The term ‘asset management’ means a strategic and systematic process of operating, maintaining, and improving physical assets, with a focus on both engineering and economic analysis based upon quality information, to identify a structured sequence of maintenance, preservation, repair, rehabilitation, and replacement actions that will achieve and sustain a desired state of good repair over the lifecycle of the assets at minimum practicable cost.” ;

60. 2012

    Moving Ahead for Progress in the 21st Century Act

    Pub. L. 112–141 div. A title I · 126 Stat. 405

    1. Redesignated · 23 U.S.C. § 101(a)(3)

       Pub. L. 112–141, §§ 1103(a)(2), 1501, redesignated par. (2) as (3)

    2. Redesignated · 23 U.S.C. § 101(a)(3)

       Pub. L. 112–141, §§ 1103(a)(2), 1501, substituted “designating existing facilities for use for preferential parking for carpools, and real-time ridesharing projects, such as projects where drivers, using an electronic transfer of funds, recover costs directly associated with the trip provided through the use of location technology to quantify those direct costs, subject to the condition that the cost recovered does not exceed the cost of the trip provided” for “and designating existing facilities for use for preferential parking for carpools”. Former par. (3) redesignated (4)

    Source evidence

    Code amendment note
    Subsec. (a)(3). Pub. L. 112–141, §§ 1103(a)(2), 1501, redesignated par. (2) as (3) and substituted “designating existing facilities for use for preferential parking for carpools, and real-time ridesharing projects, such as projects where drivers, using an electronic transfer of funds, recover costs directly associated with the trip provided through the use of location technology to quantify those direct costs, subject to the condition that the cost recovered does not exceed the cost of the trip provided” for “and designating existing facilities for use for preferential parking for carpools”. Former par. (3) redesignated (4).

    Enacted provision · exact public law
    TITLE I— FEDERAL-AID HIGHWAYS Subtitle A— Authorizations and Programs SEC. 1101. AUTHORIZATION OF APPROPRIATIONS. (a) In General.— The following sums are authorized to be appropriated out of the Highway Trust Fund (other than the Mass Transit Account): (1) Federal-aid highway program.— For the national highway performance program under section 119 of title 23, United States Code, the surface transportation program under section 133 of that title, the highway safety improvement program under section 148 of that title, the congestion mitigation and air quality improvement program under section 149 of that title, and to carry out section 134 of that title— (A) $37,476,819,674 for fiscal year 2013; and (B) $37,798,000,000 for fiscal year 2014. (2) Transportation infrastructure finance and innovation program.— For credit assistance under the transportation infrastructure finance and innovation program under chapter 6 of title 23, United States Code— (A) $750,000,000 for fiscal year 2013; and (B) $1,000,000,000 for fiscal year 2014. (3) Federal lands and tribal transportation programs.— (A) Tribal transportation program.— For the tribal transportation program under section 202 of title 23, United States Code, $450,000,000 for each of fiscal years 2013 and 2014. (B) Federal lands transportation program.— For the Federal lands transportation program under section 203 of title 23, United States Code, $300,000,000 for each of fiscal years 2013 and 2014, of which $240,000,000 of the amount made available for each fiscal year shall be the amount for the National Park Service and $30,000,000 of the amount made available for each fiscal year shall be the amount for the United States Fish and Wildlife Service. (C) Federal lands access program.— For the Federal lands access program under section 204 of title 23, United States Code, $250,000,000 for each of fiscal years 2013 and 2014. (4) Territorial and puerto rico highway program.— For the territorial and Puerto Rico highway program under section 165 of title 23, United States Code, $190,000,000 for each of fiscal years 2013 and 2014. (b) Disadvantaged Business Enterprises.— (1) Findings.— Congress finds that— (A) while significant progress has occurred due to the establishment of the disadvantaged business enterprise program, discrimination and related barriers continue to pose significant obstacles for minority- and women-owned businesses seeking to do business in federally-assisted surface transportation markets across the United States; (B) the continuing barriers described in subparagraph (A) merit the continuation of the disadvantaged business enterprise program; (C) Congress has received and reviewed testimony and documentation of race and gender discrimination from numerous sources, including congressional hearings and roundtables, scientific reports, reports issued by public and private agencies, news stories, reports of discrimination by organizations and individuals, and discrimination lawsuits, which show that race- and gender-neutral efforts alone are insufficient to address the problem; (D) the testimony and documentation described in subparagraph (C) demonstrate that discrimination across the United States poses a barrier to full and fair participation in surface transportation-related businesses of women business owners and minority business owners and has impacted firm development and many aspects of surface transportation-related business in the public and private markets; and (E) the testimony and documentation described in subparagraph (C) provide a strong basis that there is a compelling need for the continuation of the disadvantaged business enterprise program to address race and gender discrimination in surface transportation-related business. (2) Definitions.— In this subsection, the following definitions apply: (A) Small business concern.— (i) In general.— The term “small business concern” means a small business concern (as the term is used in section 3 of the Small Business Act (15 U.S.C. 632)). (ii) Exclusions.— The term “small business concern” does not include any concern or group of concerns controlled by the same socially and economically disadvantaged individual or individuals that have average annual gross receipts during the preceding 3 fiscal years in excess of $22,410,000, as adjusted annually by the Secretary for inflation. (B) Socially and economically disadvantaged individuals.— The term “socially and economically disadvantaged individuals” has the meaning given the term in section 8(d) of the Small Business Act (15 U.S.C. 637(d)) and relevant subcontracting regulations issued pursuant to that Act, except that women shall be presumed to be socially and economically disadvantaged individuals for purposes of this subsection. (3) Amounts for small business concerns.— Except to the extent that the Secretary determines otherwise, not less than 10 percent of the amounts made available for any program under divisions A and B of this Act and section 403 of title 23, United States Code, shall be expended through small business concerns owned and controlled by socially and economically disadvantaged individuals. (4) Annual listing of disadvantaged business enterprises.— Each State shall annually— (A) survey and compile a list of the small business concerns referred to in paragraph (2) in the State, including the location of the small business concerns in the State; and (B) Notification. notify the Secretary, in writing, of the percentage of the small business concerns that are controlled by— (i) women; (ii) socially and economically disadvantaged individuals (other than women); and (iii) individuals who are women and are otherwise socially and economically disadvantaged individuals. (5) Uniform certification.— (A) In general.— The Secretary shall establish minimum uniform criteria for use by State governments in certifying whether a concern qualifies as a small business concern for the purpose of this subsection. (B) Inclusions.— The minimum uniform criteria established under subparagraph (A) shall include, with respect to a potential small business concern— (i) on-site visits; (ii) personal interviews with personnel; (iii) issuance or inspection of licenses; (iv) analyses of stock ownership; (v) listings of equipment; (vi) analyses of bonding capacity; (vii) listings of work completed; (viii) examination of the resumes of principal owners; (ix) analyses of financial capacity; and (x) analyses of the type of work preferred. (6) Reporting.— The Secretary shall establish minimum requirements for use by State governments in reporting to the Secretary— (A) information concerning disadvantaged business enterprise awards, commitments, and achievements; and (B) such other information as the Secretary determines to be appropriate for the proper monitoring of the disadvantaged business enterprise program. (7) Compliance with court orders.— Nothing in this subsection limits the eligibility of an individual or entity to receive funds made available under divisions A and B of this Act and section 403 of title 23, United States Code, if the entity or person is prevented, in whole or in part, from complying with paragraph (2) because a Federal court issues a final order in which the court finds that a requirement or the implementation of paragraph (2) is unconstitutional. SEC. 1102. OBLIGATION CEILING. (a) General Limitation.— Subject to subsection (e), and notwithstanding any other provision of law, the obligations for Federal-aid highway and highway safety construction programs shall not exceed— (1) $39,699,000,000 for fiscal year 2013; and (2) $40,256,000,000 for fiscal year 2014. (b) Exceptions.— The limitations under subsection (a) shall not apply to obligations under or for— (1) section 125 of title 23, United States Code; (2) section 147 of the Surface Transportation Assistance Act of 1978 (23 U.S.C. 144 note; 92 Stat. 2714); (3) section 9 of the Federal-Aid Highway Act of 1981 (95 Stat. 1701); (4) subsections (b) and (j) of section 131 of the Surface Transportation Assistance Act of 1982 (96 Stat. 2119); (5) subsections (b) and (c) of section 149 of the Surface Transportation and Uniform Relocation Assistance Act of 1987 (101 Stat. 198); (6) sections 1103 through 1108 of the Intermodal Surface Transportation Efficiency Act of 1991 (105 Stat. 2027); (7) section 157 of title 23, United States Code (as in effect on June 8, 1998); (8) section 105 of title 23, United States Code (as in effect for fiscal years 1998 through 2004, but only in an amount equal to $639,000,000 for each of those fiscal years); (9) Federal-aid highway programs for which obligation authority was made available under the Transportation Equity Act for the 21st Century (112 Stat. 107) or subsequent Acts for multiple years or to remain available until expended, but only to the extent that the obligation authority has not lapsed or been used; (10) section 105 of title 23, United States Code (but, for each of fiscal years 2005 through 2011, only in an amount equal to $639,000,000 for each of those fiscal years); (11) section 1603 of SAFETEA–LU (23 U.S.C. 118 note; 119 Stat. 1248), to the extent that funds obligated in accordance with that section were not subject to a limitation on obligations at the time at which the funds were initially made available for obligation; and (12) section 119 of title 23, United States Code (but, for each of fiscal years 2013 through 2014, only in an amount equal to $639,000,000 for each of those fiscal years). (c) Distribution of Obligation Authority.— For each of fiscal years 2013 through 2014, the Secretary— (1) shall not distribute obligation authority provided by subsection (a) for the fiscal year for— (A) amounts authorized for administrative expenses and programs by section 104(a) of title 23, United States Code; and (B) amounts authorized for the Bureau of Transportation Statistics; (2) shall not distribute an amount of obligation authority provided by subsection (a) that is equal to the unobligated balance of amounts— (A) made available from the Highway Trust Fund (other than the Mass Transit Account) for Federal-aid highway and highway safety construction programs for previous fiscal years the funds for which are allocated by the Secretary (or apportioned by the Secretary under sections 202 or 204 of title 23, United States Code); and (B) for which obligation authority was provided in a previous fiscal year; (3) Determination. shall determine the proportion that— (A) the obligation authority provided by subsection (a) for the fiscal year, less the aggregate of amounts not distributed under paragraphs (1) and (2) of this subsection; bears to (B) the total of the sums authorized to be appropriated for the Federal-aid highway and highway safety construction programs (other than sums authorized to be appropriated for provisions of law described in paragraphs (1) through (11) of subsection (b) and sums authorized to be appropriated for section 119 of title 23, United States Code, equal to the amount referred to in subsection (b)(12) for the fiscal year), less the aggregate of the amounts not distributed under paragraphs (1) and (2) of this subsection; (4) shall distribute the obligation authority provided by subsection (a), less the aggregate amounts not distributed under paragraphs (1) and (2), for each of the programs (other than programs to which paragraph (1) applies) that are allocated by the Secretary under this Act and title 23, United States Code, or apportioned by the Secretary under sections 202 or 204 of that title, by multiplying— (A) the proportion determined under paragraph (3); by (B) the amounts authorized to be appropriated for each such program for the fiscal year; and (5) shall distribute the obligation authority provided by subsection (a), less the aggregate amounts not distributed under paragraphs (1) and (2) and the amounts distributed under paragraph (4), for Federal-aid highway and highway safety construction programs that are apportioned by the Secretary under title 23, United States Code (other than the amounts apportioned for the national highway performance program in section 119 of title 23, United States Code, that are exempt from the limitation under subsection (b)(12) and the amounts apportioned under section 204 of that title) in the proportion that— (A) amounts authorized to be appropriated for the programs that are apportioned under title 23, United States Code, to each State for the fiscal year; bears to (B) the total of the amounts authorized to be appropriated for the programs that are apportioned under title 23, United States Code, to all States for the fiscal year. (d) Redistribution of Unused Obligation Authority.— Notwithstanding subsection (c), the Secretary shall, after August 1 of each of fiscal years 2013 through 2014— (1) revise a distribution of the obligation authority made available under subsection (c) if an amount distributed cannot be obligated during that fiscal year; and (2) redistribute sufficient amounts to those States able to obligate amounts in addition to those previously distributed during that fiscal year, giving priority to those States having large unobligated balances of funds apportioned under sections 144 (as in effect on the day before the date of enactment of this Act) and 104 of title 23, United States Code. (e) Applicability of Obligation Limitations to Transportation Research Programs.— (1) In general.— Except as provided in paragraph (2), obligation limitations imposed by subsection (a) shall apply to contract authority for transportation research programs carried out under— (A) chapter 5 of title 23, United States Code; and (B) division E of this Act. (2) Exception.— Obligation authority made available under paragraph (1) shall— (A) Time period. remain available for a period of 4 fiscal years; and (B) be in addition to the amount of any limitation imposed on obligations for Federal-aid highway and highway safety construction programs for future fiscal years. (f) Redistribution of Certain Authorized Funds.— (1) In general.— Not later than 30 days after the date of distribution of obligation authority under subsection (c) for each of fiscal years 2013 through 2014, the Secretary shall distribute to the States any funds (excluding funds authorized for the program under section 202 of title 23, United States Code) that— (A) are authorized to be appropriated for the fiscal year for Federal-aid highway programs; and (B) the Secretary determines will not be allocated to the States (or will not be apportioned to the States under section 204 of title 23, United States Code), and will not be available for obligation, for the fiscal year because of the imposition of any obligation limitation for the fiscal year. (2) Ratio.— Funds shall be distributed under paragraph (1) in the same proportion as the distribution of obligation authority under subsection (c)(5). (3) Availability.— Funds distributed to each State under paragraph (1) shall be available for any purpose described in section 133(c) of title 23, United States Code. SEC. 1103. DEFINITIONS. (a) Definitions.— Section 101(a) of title 23, United States Code, is amended— (1) by striking paragraphs (6), (7), (9), (12), (19), (20), (24), (25), (26), (28), (38), and (39); (2) by redesignating paragraphs (2), (3), (4), (5), (8), (13), (14), (15), (16), (17), (18), (21), (22), (23), (27), (29), (30), (31), (32), (33), (34), (35), (36), and (37) as paragraphs (3), (4), (5), (6), (9), (12), (13), (14), (15), (16), (17), (18), (19), (20), (21), (22), (23), (24), (25), (26), (28), (29), (33), and (34), respectively; (3) by inserting after paragraph (1) the following: “(2) Asset management.— The term ‘asset management’ means a strategic and systematic process of operating, maintaining, and improving physical assets, with a focus on both engineering and economic analysis based upon quality information, to identify a structured sequence of maintenance, preservation, repair, rehabilitation, and replacement actions that will achieve and sustain a desired state of good repair over the lifecycle of the assets at minimum practicable cost.” ; (4) in paragraph (4) (as redesignated by paragraph (2))— (A) in the matter preceding subparagraph (A), by inserting “or any project eligible for assistance under this title” after “of a highway”; (B) by striking subparagraph (A) and inserting the following: “(A) preliminary engineering, engineering, and design-related services directly relating to the construction of a highway project, including engineering, design, project development and management, construction project management and inspection, surveying, mapping (including the establishment of temporary and permanent geodetic control in accordance with specifications of the National Oceanic and Atmospheric Administration), and architectural-related services;” ; (C) in subparagraph (B)— (i) by inserting “reconstruction,” before “resurfacing”; and (ii) by striking “and rehabilitation” and inserting “rehabilitation, and preservation”; (D) in subparagraph (E) by striking “railway” and inserting “railway-highway”; and (E) in subparagraph (F) by striking “obstacles” and inserting “hazards”; (5) in paragraph (6) (as so redesignated)— (A) by inserting “public” before “highway eligible”; and (B) by inserting “functionally” before “classified”; (6) by inserting after paragraph (6) (as so redesignated) the following: “(7) Federal lands access transportation facility.— The term ‘Federal Lands access transportation facility’ means a public highway, road, bridge, trail, or transit system that is located on, is adjacent to, or provides access to Federal lands for which title or maintenance responsibility is vested in a State, county, town, township, tribal, municipal, or local government. “(8) Federal lands transportation facility.— The term ‘Federal lands transportation facility’ means a public highway, road, bridge, trail, or transit system that is located on, is adjacent to, or provides access to Federal lands for which title and maintenance responsibility is vested in the Federal Government, and that appears on the national Federal lands transportation facility inventory described in section 203(c).” ; (7) in paragraph (11)(B) by inserting “including public roads on dams” after “drainage structure”; (8) in paragraph (14) (as so redesignated)— (A) by striking “as a” and inserting “as an air quality”; and (B) by inserting “air quality” before “attainment area”; (9) in paragraph (18) (as so redesignated) by striking “an undertaking to construct a particular portion of a highway, or if the context so implies, the particular portion of a highway so constructed or any other undertaking” and inserting “any undertaking”; (10) in paragraph (19) (as so redesignated)— (A) by striking “the State transportation department and”; and (B) by inserting “and the recipient” after “Secretary”; (11) by striking paragraph (23) (as so redesignated) and inserting the following: “(23) Safety improvement project.— The term ‘safety improvement project’ means a strategy, activity, or project on a public road that is consistent with the State strategic highway safety plan and corrects or improves a roadway feature that constitutes a hazard to road users or addresses a highway safety problem.” ; (12) by inserting after paragraph (26) (as so redesignated) the following: “(27) State strategic highway safety plan.— The term ‘State strategic highway safety plan’ has the same meaning given such term in section 148(a).” ; (13) by striking paragraph (29) (as so redesignated) and inserting the following: “(29) Transportation alternatives.— The term ‘transportation alternatives’ means any of the following activities when carried out as part of any program or project authorized or funded under this title, or as an independent program or project related to surface transportation: “(A) Construction, planning, and design of on-road and off-road trail facilities for pedestrians, bicyclists, and other nonmotorized forms of transportation, including sidewalks, bicycle infrastructure, pedestrian and bicycle signals, traffic calming techniques, lighting and other safety-related infrastructure, and transportation projects to achieve compliance with the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.). “(B) Construction, planning, and design of infrastructure-related projects and systems that will provide safe routes for non-drivers, including children, older adults, and individuals with disabilities to access daily needs. “(C) Conversion and use of abandoned railroad corridors for trails for pedestrians, bicyclists, or other nonmotorized transportation users. “(D) Construction of turnouts, overlooks, and viewing areas. “(E) Community improvement activities, including— “(i) inventory, control, or removal of outdoor advertising; “(ii) historic preservation and rehabilitation of historic transportation facilities; “(iii) vegetation management practices in transportation rights-of-way to improve roadway safety, prevent against invasive species, and provide erosion control; and “(iv) archaeological activities relating to impacts from implementation of a transportation project eligible under this title. “(F) Any environmental mitigation activity, including pollution prevention and pollution abatement activities and mitigation to— “(i) address stormwater management, control, and water pollution prevention or abatement related to highway construction or due to highway runoff, including activities described in sections 133(b)(11), 328(a), and 329; or “(ii) reduce vehicle-caused wildlife mortality or to restore and maintain connectivity among terrestrial or aquatic habitats.” ; and (14) by inserting after paragraph (29) (as so redesignated) the following: “(30) Transportation systems management and operations.— “(A) In general.— The term ‘transportation systems management and operations’ means integrated strategies to optimize the performance of existing infrastructure through the implementation of multimodal and intermodal, cross-jurisdictional systems, services, and projects designed to preserve capacity and improve security, safety, and reliability of the transportation system. “(B) Inclusions.— The term ‘transportation systems management and operations’ includes— “(i) actions such as traffic detection and surveillance, corridor management, freeway management, arterial management, active transportation and demand management, work zone management, emergency management, traveler information services, congestion pricing, parking management, automated enforcement, traffic control, commercial vehicle operations, freight management, and coordination of highway, rail, transit, bicycle, and pedestrian operations; and “(ii) coordination of the implementation of regional transportation system management and operations investments (such as traffic incident management, traveler information services, emergency management, roadway weather management, intelligent transportation systems, communication networks, and information sharing systems) requiring agreements, integration, and interoperability to achieve targeted system performance, reliability, safety, and customer service levels. “(31) Tribal transportation facility.— The term ‘tribal transportation facility’ means a public highway, road, bridge, trail, or transit system that is located on or provides access to tribal land and appears on the national tribal transportation facility inventory described in section 202(b)(1). “(32) Truck stop electrification system.— The term ‘truck stop electrification system’ means a system that delivers heat, air conditioning, electricity, or communications to a heavy-duty vehicle.” . (b) Sense of Congress.— Section 101(c) of title 23, United States Code, is amended by striking “system” and inserting “highway”. SEC. 1104. NATIONAL HIGHWAY SYSTEM. (a) In General.— Section 103 of title 23, United States Code, is amended to read as follows: “§ 103. National Highway System “(a) In General.— For the purposes of this title, the Federal-aid system is the National Highway System, which includes the Interstate System. “(b) National Highway System.— “(1) Description.— The National Highway System consists of the highway routes and connections to transportation facilities that shall— “(A) serve major population centers, international border crossings, ports, airports, public transportation facilities, and other intermodal transportation facilities and other major travel destinations; “(B) meet national defense requirements; and “(C) serve interstate and interregional travel and commerce. “(2) Components.— The National Highway System described in paragraph (1) consists of the following: “(A) The National Highway System depicted on the map submitted by the Secretary of Transportation to Congress with the report entitled ‘Pulling Together: The National Highway System and its Connections to Major Intermodal Terminals’ and dated May 24, 1996, and modifications approved by the Secretary before the date of enactment of the MAP–21. “(B) Other urban and rural principal arterial routes, and border crossings on those routes, that were not included on the National Highway System before the date of enactment of the MAP–21. “(C) Other connector highways (including toll facilities) that were not included in the National Highway System before the date of enactment of the MAP–21 but that provide motor vehicle access between arterial routes on the National Highway System and a major intermodal transportation facility. “(D) A strategic highway network that— “(i) consists of a network of highways that are important to the United States strategic defense policy, that provide defense access, continuity, and emergency capabilities for the movement of personnel, materials, and equipment in both peacetime and wartime, and that were not included on the National Highway System before the date of enactment of the MAP–21; “(ii) may include highways on or off the Interstate System; and “(iii) shall be designated by the Secretary, in consultation with appropriate Federal agencies and the States. “(E) Major strategic highway network connectors that— “(i) consist of highways that provide motor vehicle access between major military installations and highways that are part of the strategic highway network but were not included on the National Highway System before the date of enactment of the MAP–21; and “(ii) shall be designated by the Secretary, in consultation with appropriate Federal agencies and the States. “(3) Modifications to nhs.— “(A) In general.— The Secretary may make any modification, including any modification consisting of a connector to a major intermodal terminal, to the National Highway System that is proposed by a State if the Secretary determines that the modification— “(i) meets the criteria established for the National Highway System under this title after the date of enactment of the MAP–21; and “(ii) enhances the national transportation characteristics of the National Highway System. “(B) Cooperation.— “(i) In general.— In proposing a modification under this paragraph, a State shall cooperate with local and regional officials. “(ii) Urbanized areas.— In an urbanized area, the local officials shall act through the metropolitan planning organization designated for the area under section 134. “(c) Interstate System.— “(1) Description.— “(A) In general.— The Dwight D. Eisenhower National System of Interstate and Defense Highways within the United States (including the District of Columbia and Puerto Rico) consists of highways designed, located, and selected in accordance with this paragraph. “(B) Design.— “(i) In general.— Except as provided in clause (ii), highways on the Interstate System shall be designed in accordance with the standards of section 109(b). “(ii) Exception.— Highways on the Interstate System in Alaska and Puerto Rico shall be designed in accordance with such geometric and construction standards as are adequate for current and probable future traffic demands and the needs of the locality of the highway. “(C) Location.— Highways on the Interstate System shall be located so as— “(i) to connect by routes, as direct as practicable, the principal metropolitan areas, cities, and industrial centers; “(ii) to serve the national defense; and “(iii) to the maximum extent practicable, to connect at suitable border points with routes of continental importance in Canada and Mexico. “(D) Selection of routes.— To the maximum extent practicable, each route of the Interstate System shall be selected by joint action of the State transportation departments of the State in which the route is located and the adjoining States, in cooperation with local and regional officials, and subject to the approval of the Secretary. “(2) Maximum mileage.— The mileage of highways on the Interstate System shall not exceed 43,000 miles, exclusive of designations under paragraph (4). “(3) Modifications.— The Secretary may approve or require modifications to the Interstate System in a manner consistent with the policies and procedures established under this subsection. “(4) Interstate system designations.— “(A) Additions.— If the Secretary determines that a highway on the National Highway System meets all standards of a highway on the Interstate System and that the highway is a logical addition or connection to the Interstate System, the Secretary may, upon the affirmative recommendation of the State or States in which the highway is located, designate the highway as a route on the Interstate System. “(B) Designations as future interstate system routes.— “(i) In general.— Subject to clauses (ii) through (vi), if the Secretary determines that a highway on the National Highway System would be a logical addition or connection to the Interstate System and would qualify for designation as a route on the Interstate System under subparagraph (A) if the highway met all standards of a highway on the Interstate System, the Secretary may, upon the affirmative recommendation of the State or States in which the highway is located, designate the highway as a future Interstate System route. “(ii) Written agreement.— A designation under clause (i) shall be made only upon the written agreement of each State described in that clause that the highway will be constructed to meet all standards of a highway on the Interstate System by not later than the date that is 25 years after the date of the agreement. “(iii) Failure to complete construction.— If a State described in clause (i) has not substantially completed the construction of a highway designated under this subparagraph by the date specified in clause (ii), the Secretary shall remove the designation of the highway as a future Interstate System route. “(iv) Effect of removal.— Removal of the designation of a highway under clause (iii) shall not preclude the Secretary from designating the highway as a route on the Interstate System under subparagraph (A) or under any other provision of law providing for addition to the Interstate System. “(v) Retroactive effect.— An agreement described in clause (ii) that is entered into before August 10, 2005, shall be deemed to include the 25-year time limitation described in that clause, regardless of any earlier construction completion date in the agreement. “(vi) References.— No law, rule, regulation, map, document, or other record of the United States, or of any State or political subdivision of a State, shall refer to any highway designated as a future Interstate System route under this subparagraph, and no such highway shall be signed or marked, as a highway on the Interstate System, until such time as the highway— “(I) is constructed to the geometric and construction standards for the Interstate System; and “(II) has been designated as a route on the Interstate System. “(C) Financial responsibility.— Except as provided in this title, the designation of a highway under this paragraph shall create no additional Federal financial responsibility with respect to the highway. “(5) Exemption of interstate system.— “(A) In general.— Except as provided in subparagraph (B), the Interstate System shall not be considered to be a historic site under section 303 of title 49 or section 138 of this title, regardless of whether the Interstate System or portions or elements of the Interstate System are listed on, or eligible for listing on, the National Register of Historic Places. “(B) Individual elements.— Subject to subparagraph (C)— “(i) Determination. the Secretary shall determine, through the administrative process established for exempting the Interstate System from section 106 of the National Historic Preservation Act (16 U.S.C. 470f), those individual elements of the Interstate System that possess national or exceptional historic significance (such as a historic bridge or a highly significant engineering feature); and “(ii) those elements shall be considered to be historic sites under section 303 of title 49 or section 138 of this title, as applicable. “(C) Construction, maintenance, restoration, and rehabilitation activities.— Subparagraph (B) does not prohibit a State from carrying out construction, maintenance, preservation, restoration, or rehabilitation activities for a portion of the Interstate System referred to in subparagraph (B) upon compliance with section 303 of title 49 or section 138 of this title, as applicable, and section 106 of the National Historic Preservation Act (16 U.S.C. 470f).” . (b) Inclusion of Certain Route Segments on Interstate System.— (1) In general.— Section 1105(e)(5)(A) of the Intermodal Surface Transportation Efficiency Act of 1991 (105 Stat. 2031; 109 Stat. 597; 115 Stat. 872) is amended— (A) in the first sentence, by striking “and in subsections (c)(18) and (c)(20)” and inserting “, in subsections (c)(18) and (c)(20), and in subparagraphs (A)(iii) and (B) of subsection (c)(26)”; and (B) in the second sentence, by striking “that the segment” and all that follows through the period and inserting “that the segment meets the Interstate System design standards approved by the Secretary under section 109(b) of title 23, United States Code, and is planned to connect to an existing Interstate System segment by the date that is 25 years after the date of enactment of the MAP–21.”. (2) Route designation.— Section 1105(e)(5)(C)(i) of the Intermodal Surface Transportation Efficiency Act of 1991 (105 Stat. 2032; 109 Stat. 598) is amended by adding at the end the following: “The routes referred to subparagraphs (A)(iii) and (B)(i) of subsection (c)(26) are designated as Interstate Route I-11.”. (c) Conforming Amendments.— (1) Analysis.— The analysis for chapter 1 of title 23, United States Code, is amended by striking the item relating to section 103 and inserting the following: “103. National Highway System.”. (2) Section 113.— Section 113 of title 23, United States Code, is amended— (A) in subsection (a) by striking “the Federal-aid systems” and inserting “Federal-aid highways”; and (B) in subsection (b), in the first sentence, by striking “of the Federal-aid systems” and inserting “Federal-aid highway”. (3) Section 123.— Section 123(a) of title 23, United States Code, is amended in the first sentence by striking “Federal-aid system” and inserting “Federal-aid highway”. (4) Section 217.— Section 217(b) of title 23, United States Code, is amended in the subsection heading by striking “National Highway System” and inserting “National Highway Performance Program”. (5) Section 304.— Section 304 of title 23, United States Code, is amended in the first sentence by striking “the Federal-aid highway systems” and inserting “Federal-aid highways”. (6) Section 317.— Section 317(d) of title 23, United States Code, is amended by striking “system” and inserting “highway”. SEC. 1105. APPORTIONMENT. (a) In General.— Section 104 of title 23, United States Code, is amended to read as follows: “§ 104. Apportionment “(a) Administrative Expenses.— “(1) In general.— There are authorized to be appropriated from the Highway Trust Fund (other than the Mass Transit Account) to be made available to the Secretary for administrative expenses of the Federal Highway Administration— “(A) $454,180,326 for fiscal year 2013; and “(B) $440,000,000 for fiscal year 2014. “(2) Purposes.— The amounts authorized to be appropriated by this subsection shall be used— “(A) to administer the provisions of law to be funded from appropriations for the Federal-aid highway program and programs authorized under chapter 2; “(B) to make transfers of such sums as the Secretary determines to be appropriate to the Appalachian Regional Commission for administrative activities associated with the Appalachian development highway system; and “(C) to reimburse, as appropriate, the Office of Inspector General of the Department of Transportation for the conduct of annual audits of financial statements in accordance with section 3521 of title 31. “(3) Availability.— The amounts made available under paragraph (1) shall remain available until expended. “(b) Division of State Apportionments Among Programs.— The Secretary shall distribute the amount apportioned to a State for a fiscal year under subsection (c) among the national highway performance program, the surface transportation program, the highway safety improvement program, and the congestion mitigation and air quality improvement program, and to carry out section 134 as follows: “(1) National highway performance program.— For the national highway performance program, 63.7 percent of the amount remaining after distributing amounts under paragraphs (4) and (5). “(2) Surface transportation program.— For the surface transportation program, 29.3 percent of the amount remaining after distributing amounts under paragraphs (4) and (5). “(3) Highway safety improvement program.— For the highway safety improvement program, 7 percent of the amount remaining after distributing amounts under paragraphs (4) and (5). “(4) Congestion mitigation and air quality improvement program.— For the congestion mitigation and air quality improvement program, an amount determined by multiplying the amount determined for the State under subsection (c) by the proportion that— “(A) the amount apportioned to the State for the congestion mitigation and air quality improvement program for fiscal year 2009; bears to “(B) the total amount of funds apportioned to the State for that fiscal year for the programs referred to in section 105(a)(2) (except for the high priority projects program referred to in section 105(a)(2)(H)), as in effect on the day before the date of enactment of the MAP–21. “(5) Metropolitan planning.— To carry out section 134, an amount determined by multiplying the amount determined for the State under subsection (c) by the proportion that— “(A) the amount apportioned to the State to carry out section 134 for fiscal year 2009; bears to “(B) the total amount of funds apportioned to the State for that fiscal year for the programs referred to in section 105(a)(2) (except for the high priority projects program referred to in section 105(a)(2)(H)), as in effect on the day before the date of enactment of the MAP–21. “(c) Calculation of State Amounts.— “(1) For fiscal year 2013.— “(A) Calculation of amount.— For fiscal year 2013, the amount for each State of combined apportionments for the national highway performance program under section 119, the surface transportation program under section 133, the highway safety improvement program under section 148, the congestion mitigation and air quality improvement program under section 149, and to carry out section 134 shall be equal to the combined amount of apportionments that the State received for fiscal year 2012. “(B) State apportionment.— On October 1 of such fiscal year, the Secretary shall apportion the sum authorized to be appropriated for expenditure on the national highway performance program under section 119, the surface transportation program under section 133, the highway safety improvement program under section 148, the congestion mitigation and air quality improvement program under section 149, and to carry out section 134 in accordance with subparagraph (A). “(2) For fiscal year 2014.— “(A) State share.— For fiscal year 2014, the amount for each State of combined apportionments for the national highway performance program under section 119, the surface transportation program under section 133, the highway safety improvement program under section 148, the congestion mitigation and air quality improvement program under section 149, and to carry out section 134 shall be determined as follows: “(i) Initial amount.— The initial amount for each State shall be determined by multiplying the total amount available for apportionment by the share for each State which shall be equal to the proportion that— “(I) the amount of apportionments that the State received for fiscal year 2012; bears to “(II) the amount of those apportionments received by all States for that fiscal year. “(ii) Adjustments to amounts.— The initial amounts resulting from the calculation under clause (i) shall be adjusted to ensure that, for each State, the amount of combined apportionments for the programs shall not be less than 95 percent of the estimated tax payments attributable to highway users in the State paid into the Highway Trust Fund (other than the Mass Transit Account) in the most recent fiscal year for which data are available. “(B) State apportionment.— On October 1 of such fiscal year, the Secretary shall apportion the sum authorized to be appropriated for expenditure on the national highway performance program under section 119, the surface transportation program under section 133, the highway safety improvement program under section 148, the congestion mitigation and air quality improvement program under section 149, and to carry out section 134 in accordance with subparagraph (A). “(d) Metropolitan Planning.— “(1) Use of amounts.— “(A) Use.— “(i) In general.— Except as provided in clause (ii), the amounts apportioned to a State under subsection (b)(5) shall be made available by the State to the metropolitan planning organizations responsible for carrying out section 134 in the State. “(ii) States receiving minimum apportionment.— A State that received the minimum apportionment for use in carrying out section 134 for fiscal year 2009 may, subject to the approval of the Secretary, use the funds apportioned under subsection (b)(5) to fund transportation planning outside of urbanized areas. “(B) Unused funds.— Any funds that are not used to carry out section 134 may be made available by a metropolitan planning organization to the State to fund activities under section 135. “(2) Distribution of amounts within states.— “(A) In general.— The distribution within any State of the planning funds made available to organizations under paragraph (1) shall be in accordance with a formula that— “(i) is developed by each State and approved by the Secretary; and “(ii) takes into consideration, at a minimum, population, status of planning, attainment of air quality standards, metropolitan area transportation needs, and other factors necessary to provide for an appropriate distribution of funds to carry out section 134 and other applicable requirements of Federal law. “(B) Reimbursement.— Not later than 15 business days after the date of receipt by a State of a request for reimbursement of expenditures made by a metropolitan planning organization for carrying out section 134, the State shall reimburse, from amounts distributed under this paragraph to the metropolitan planning organization by the State, the metropolitan planning organization for those expenditures. “(3) Determination of population figures.— For the purpose of determining population figures under this subsection, the Secretary shall use the latest available data from the decennial census conducted under section 141(a) of title 13, United States Code. “(e) Certification of Apportionments.— “(1) In general.— The Secretary shall— “(A) on October 1 of each fiscal year, certify to each of the State transportation departments the amount that has been apportioned to the State under this section for the fiscal year; and “(B) to permit the States to develop adequate plans for the use of amounts apportioned under this section, advise each State of the amount that will be apportioned to the State under this section for a fiscal year not later than 90 days before the beginning of the fiscal year for which the sums to be apportioned are authorized. “(2) Notice to states.— If the Secretary has not made an apportionment under this section for a fiscal year beginning after September 30, 1998, by not later than the date that is the twenty-first day of that fiscal year, the Secretary shall submit, by not later than that date, 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 statement of the reason for not making the apportionment in a timely manner. “(3) Apportionment calculations.— “(A) In general.— The calculation of official apportionments of funds to the States under this title is a primary responsibility of the Department and shall be carried out only by employees (and not contractors) of the Department. “(B) Prohibition on use of funds to hire contractors.— None of the funds made available under this title shall be used to hire contractors to calculate the apportionments of funds to States. “(f) Transfer of Highway and Transit Funds.— “(1) Transfer of highway funds for transit projects.— “(A) In general.— Subject to subparagraph (B), amounts made available for transit projects or transportation planning under this title may be transferred to and administered by the Secretary in accordance with chapter 53 of title 49. “(B) Non-federal share.— The provisions of this title relating to the non-Federal share shall apply to the amounts transferred under subparagraph (A). “(2) Transfer of transit funds for highway projects.— “(A) In general.— Subject to subparagraph (B), amounts made available for highway projects or transportation planning under chapter 53 of title 49 may be transferred to and administered by the Secretary in accordance with this title. “(B) Non-federal share.— The provisions of chapter 53 of title 49 relating to the non-Federal share shall apply to amounts transferred under subparagraph (A). “(3) Transfer of funds among states or to federal highway administration.— “(A) In general.— Subject to subparagraph (B), the Secretary may, at the request of a State, transfer amounts apportioned or allocated under this title to the State to another State, or to the Federal Highway Administration, for the purpose of funding 1 or more projects that are eligible for assistance with amounts so apportioned or allocated. “(B) Apportionment.— The transfer shall have no effect on any apportionment of amounts to a State under this section. “(C) Funds suballocated to urbanized areas.— Amounts that are apportioned or allocated to a State under subsection (b)(3) (as in effect on the day before the date of enactment of the MAP–21) or subsection (b)(2) and attributed to an urbanized area of a State with a population of more than 200,000 individuals under section 133(d) may be transferred under this paragraph only if the metropolitan planning organization designated for the area concurs, in writing, with the transfer request. “(4) Transfer of obligation authority.— Obligation authority for amounts transferred under this subsection shall be transferred in the same manner and amount as the amounts for the projects that are transferred under this section. “(g) Report to Congress.— For each fiscal year, the Secretary shall make available to the public, in a user-friendly format via the Internet, a report that describes— “(1) the amount obligated, by each State, for Federal-aid highways and highway safety construction programs during the preceding fiscal year; “(2) the balance, as of the last day of the preceding fiscal year, of the unobligated apportionment of each State by fiscal year under this section; “(3) the balance of unobligated sums available for expenditure at the discretion of the Secretary for such highways and programs for the fiscal year; and “(4) the rates of obligation of funds apportioned or set aside under this section, according to— “(A) program; “(B) funding category of subcategory; “(C) type of improvement; “(D) State; and “(E) sub-State geographical area, including urbanized and rural areas, on the basis of the population of each such area.” . (b) Conforming Amendment.— Section 146(a) of title 23, United States Code, is amended by striking “sections 104(b)(l) and 104(b)(3)” and inserting “section 104(b)(2)”. SEC. 1106. NATIONAL HIGHWAY PERFORMANCE PROGRAM. (a) In General.— Section 119 of title 23, United States Code, is amended to read as follows: “§ 119. National highway performance program “(a) Establishment.— The Secretary shall establish and implement a national highway performance program under this section. “(b) Purposes.— The purposes of the national highway performance program shall be— “(1) to provide support for the condition and performance of the National Highway System; “(2) to provide support for the construction of new facilities on the National Highway System; and “(3) to ensure that investments of Federal-aid funds in highway construction are directed to support progress toward the achievement of performance targets established in an asset management plan of a State for the National Highway System. “(c) Eligible Facilities.— Except as provided in subsection (d), to be eligible for funding apportioned under section 104(b)(1) to carry out this section, a facility shall be located on the National Highway System, as defined in section 103. “(d) Eligible Projects.— Funds apportioned to a State to carry out the national highway performance program may be obligated only for a project on an eligible facility that is— “(1) (A) a project or part of a program of projects supporting progress toward the achievement of national performance goals for improving infrastructure condition, safety, mobility, or freight movement on the National Highway System; and “(B) consistent with sections 134 and 135; and “(2) for 1 or more of the following purposes: “(A) Construction, reconstruction, resurfacing, restoration, rehabilitation, preservation, or operational improvement of segments of the National Highway System. “(B) Construction, replacement (including replacement with fill material), rehabilitation, preservation, and protection (including scour countermeasures, seismic retrofits, impact protection measures, security countermeasures, and protection against extreme events) of bridges on the National Highway System. “(C) Construction, replacement (including replacement with fill material), rehabilitation, preservation, and protection (including impact protection measures, security countermeasures, and protection against extreme events) of tunnels on the National Highway System. “(D) Inspection and evaluation, as described in section 144, of bridges and tunnels on the National Highway System, and inspection and evaluation of other highway infrastructure assets on the National Highway System, including signs and sign structures, earth retaining walls, and drainage structures. “(E) Training of bridge and tunnel inspectors, as described in section 144. “(F) Construction, rehabilitation, or replacement of existing ferry boats and ferry boat facilities, including approaches, that connect road segments of the National Highway System. “(G) Construction, reconstruction, resurfacing, restoration, rehabilitation, and preservation of, and operational improvements for, a Federal-aid highway not on the National Highway System, and construction of a transit project eligible for assistance under chapter 53 of title 49, if— “(i) the highway project or transit project is in the same corridor as, and in proximity to, a fully access-controlled highway designated as a part of the National Highway System; “(ii) the construction or improvements will reduce delays or produce travel time savings on the fully access-controlled highway described in clause (i) and improve regional traffic flow; and “(iii) the construction or improvements are more cost-effective, as determined by benefit-cost analysis, than an improvement to the fully access-controlled highway described in clause (i). “(H) Bicycle transportation and pedestrian walkways in accordance with section 217. “(I) Highway safety improvements for segments of the National Highway System. “(J) Capital and operating costs for traffic and traveler information monitoring, management, and control facilities and programs. “(K) Development and implementation of a State asset management plan for the National Highway System in accordance with this section, including data collection, maintenance, and integration and the cost associated with obtaining, updating, and licensing software and equipment required for risk-based asset management and performance-based management. “(L) Infrastructure-based intelligent transportation systems capital improvements. “(M) Environmental restoration and pollution abatement in accordance with section 328. “(N) Control of noxious weeds and aquatic noxious weeds and establishment of native species in accordance with section 329. “(O) Environmental mitigation efforts related to projects funded under this section, as described in subsection (g). “(P) Construction of publicly owned intracity or intercity bus terminals servicing the National Highway System. “(e) State Performance Management.— “(1) In general.— A State shall develop a risk-based asset management plan for the National Highway System to improve or preserve the condition of the assets and the performance of the system. “(2) Performance driven plan.— A State asset management plan shall include strategies leading to a program of projects that would make progress toward achievement of the State targets for asset condition and performance of the National Highway System in accordance with section 150(d) and supporting the progress toward the achievement of the national goals identified in section 150(b). “(3) Scope.— In developing a risk-based asset management plan, the Secretary shall encourage States to include all infrastructure assets within the right-of-way corridor in such plan. “(4) Plan contents.— A State asset management plan shall, at a minimum, be in a form that the Secretary determines to be appropriate and include— “(A) a summary listing of the pavement and bridge assets on the National Highway System in the State, including a description of the condition of those assets; “(B) asset management objectives and measures; “(C) performance gap identification; “(D) lifecycle cost and risk management analysis; “(E) a financial plan; and “(F) investment strategies. “(5) Requirement for plan.— Notwithstanding section 120, with respect to the second fiscal year beginning after the date of establishment of the process established in paragraph (8) or any subsequent fiscal year, if the Secretary determines that a State has not developed and implemented a State asset management plan consistent with this section, the Federal share payable on account of any project or activity carried out by the State in that fiscal year under this section shall be 65 percent. “(6) Certification of plan development process.— “(A) In general.— Not later than 90 days after the date on which a State submits a request for approval of the process used by the State to develop the State asset management plan for the National Highway System, the Secretary shall— “(i) review the process; and “(ii) (I) certify that the process meets the requirements established by the Secretary; or “(II) deny certification and specify actions necessary for the State to take to correct deficiencies in the State process. “(B) Recertification.— Not less frequently than once every 4 years, the Secretary shall review and recertify that the process used by a State to develop and maintain the State asset management plan for the National Highway System meets the requirements for the process, as established by the Secretary. “(C) Opportunity to cure.— If the Secretary denies certification under subparagraph (A), the Secretary shall provide the State with— “(i) not less than 90 days to cure the deficiencies of the plan, during which time period all penalties and other legal impacts of a denial of certification shall be stayed; and “(ii) Statement. a written statement of the specific actions the Secretary determines to be necessary for the State to cure the plan. “(7) Performance achievement.— A State that does not achieve or make significant progress toward achieving the targets of the State for performance measures described in section 150(d) for the National Highway System for 2 consecutive reports submitted under this paragraph shall include in the next report submitted a description of the actions the State will undertake to achieve the targets. “(8) Process.— Not later than 18 months after the date of enactment of the MAP–21, the Secretary shall, by regulation and in consultation with State departments of transportation, establish the process to develop the State asset management plan described in paragraph (1). “(f) Interstate System and NHS Bridge Conditions.— “(1) Condition of interstate system.— “(A) Penalty.— If, during 2 consecutive reporting periods, the condition of the Interstate System, excluding bridges on the Interstate System, in a State falls below the minimum condition level established by the Secretary under section 150(c)(3), the State shall be required, during the following fiscal year— “(i) to obligate, from the amounts apportioned to the State under section 104(b)(1), an amount that is not less than the amount of funds apportioned to the State for fiscal year 2009 under the Interstate maintenance program for the purposes described in this section (as in effect on the day before the date of enactment of the MAP–21), except that for each year after fiscal year 2013, the amount required to be obligated under this clause shall be increased by 2 percent over the amount required to be obligated in the previous fiscal year; and “(ii) to transfer, from the amounts apportioned to the State under section 104(b)(2) (other than amounts suballocated to metropolitan areas and other areas of the State under section 133(d)) to the apportionment of the State under section 104(b)(1), an amount equal to 10 percent of the amount of funds apportioned to the State for fiscal year 2009 under the Interstate maintenance program for the purposes described in this section (as in effect on the day before the date of enactment of the MAP–21). “(B) Restoration.— The obligation requirement for the Interstate System in a State required by subparagraph (A) for a fiscal year shall remain in effect for each subsequent fiscal year until such time as the condition of the Interstate System in the State exceeds the minimum condition level established by the Secretary. “(2) Condition of nhs bridges.— “(A) Penalty.— If the Secretary determines that, for the 3-year-period preceding the date of the determination, more than 10 percent of the total deck area of bridges in the State on the National Highway System is located on bridges that have been classified as structurally deficient, an amount equal to 50 percent of funds apportioned to such State for fiscal year 2009 to carry out section 144 (as in effect the day before enactment of MAP–21) shall be set aside from amounts apportioned to a State for a fiscal year under section 104(b)(1) only for eligible projects on bridges on the National Highway System. “(B) Restoration.— The set-aside requirement for bridges on the National Highway System in a State under subparagraph (A) for a fiscal year shall remain in effect for each subsequent fiscal year until such time as less than 10 percent of the total deck area of bridges in the State on the National Highway System is located on bridges that have been classified as structurally deficient, as determined by the Secretary. “(g) Environmental Mitigation.— “(1) Eligible activities.— In accordance with all applicable Federal law (including regulations), environmental mitigation efforts referred to in subsection (d)(2)(O) include participation in natural habitat and wetlands mitigation efforts relating to projects funded under this title, which may include— “(A) participation in mitigation banking or other third-party mitigation arrangements, such as— “(i) the purchase of credits from commercial mitigation banks; “(ii) the establishment and management of agency-sponsored mitigation banks; and “(iii) the purchase of credits or establishment of in-lieu fee mitigation programs; “(B) contributions to statewide and regional efforts to conserve, restore, enhance, and create natural habitats and wetlands; and “(C) the development of statewide and regional environmental protection plans, including natural habitat and wetland conservation and restoration plans. “(2) Inclusion of other activities.— The banks, efforts, and plans described in paragraph (1) include any such banks, efforts, and plans developed in accordance with applicable law (including regulations). “(3) Terms and conditions.— The following terms and conditions apply to natural habitat and wetlands mitigation efforts under this subsection: “(A) Contributions to the mitigation effort may— “(i) take place concurrent with, or in advance of, commitment of funding under this title to a project or projects; and “(ii) occur in advance of project construction only if the efforts are consistent with all applicable requirements of Federal law (including regulations) and State transportation planning processes. “(B) Credits from any agency-sponsored mitigation bank that are attributable to funding under this section may be used only for projects funded under this title, unless the agency pays to the Secretary an amount equal to the Federal funds attributable to the mitigation bank credits the agency uses for purposes other than mitigation of a project funded under this title. “(4) Preference.— At the discretion of the project sponsor, preference shall be given, to the maximum extent practicable, to mitigating an environmental impact through the use of a mitigation bank, in-lieu fee, or other third-party mitigation arrangement, if the use of credits from the mitigation bank or in-lieu fee, or the other third-party mitigation arrangement for the project, is approved by the applicable Federal agency.” . (b) Transition Period.— (1) In general.— Except as provided in paragraph (2), until such date as a State has in effect an approved asset management plan and has established performance targets as described in sections 119 and 150 of title 23, United States Code, that will contribute to achieving the national goals for the condition and performance of the National Highway System, but not later than 18 months after the date on which the Secretary promulgates the final regulation required under section 150(c) of that title, the Secretary shall approve obligations of funds apportioned to a State to carry out the national highway performance program under section 119 of that title, for projects that otherwise meet the requirements of that section. (2) Extension.— The Secretary may extend the transition period for a State under paragraph (1) if the Secretary determines that the State has made a good faith effort to establish an asset management plan and performance targets referred to in that paragraph. (c) Conforming Amendment.— The analysis for chapter 1 of title 23, United States Code, is amended by striking the item relating to section 119 and inserting the following: “119. National highway performance program.”. SEC. 1107. EMERGENCY RELIEF.   Section 125 of title 23, United States Code, is amended to read as follows: “§ 125. Emergency relief “(a) In General.— Subject to this section and section 120, an emergency fund is authorized for expenditure by the Secretary for the repair or reconstruction of highways, roads, and trails, in any area of the United States, including Indian reservations, that the Secretary finds have suffered serious damage as a result of— “(1) a natural disaster over a wide area, such as by a flood, hurricane, tidal wave, earthquake, severe storm, or landslide; or “(2) catastrophic failure from any external cause. “(b) Restriction on Eligibility.— “(1) Definition of construction phase.— In this subsection, the term ‘construction phase’ means the phase of physical construction of a highway or bridge facility that is separate from any other identified phases, such as planning, design, or right-of-way phases, in the State transportation improvement program. “(2) Restriction.— In no case shall funds be used under this section for the repair or reconstruction of a bridge— “(A) that has been permanently closed to all vehicular traffic by the State or responsible local official because of imminent danger of collapse due to a structural deficiency or physical deterioration; or “(B) if a construction phase of a replacement structure is included in the approved Statewide transportation improvement program at the time of an event described in subsection (a). “(c) Funding.— “(1) In general.— Subject to the limitations described in paragraph (2), there are authorized to be appropriated from the Highway Trust Fund (other than the Mass Transit Account) such sums as are necessary to establish the fund authorized by this section and to replenish that fund on an annual basis. “(2) Limitations.— The limitations referred to in paragraph (1) are that— “(A) not more than $100,000,000 is authorized to be obligated in any 1 fiscal year commencing after September 30, 1980, to carry out this section, except that, if for any fiscal year the total of all obligations under this section is less than the amount authorized to be obligated for the fiscal year, the unobligated balance of that amount shall— “(i) remain available until expended; and “(ii) be in addition to amounts otherwise available to carry out this section for each year; and “(B) (i) pending such appropriation or replenishment, the Secretary may obligate from any funds appropriated at any time for obligation in accordance with this title, including existing Federal-aid appropriations, such sums as are necessary for the immediate prosecution of the work herein authorized; and “(ii) funds obligated under this subparagraph shall be reimbursed from the appropriation or replenishment. “(d) Eligibility.— “(1) In general.— The Secretary may expend funds from the emergency fund authorized by this section only for the repair or reconstruction of highways on Federal-aid highways in accordance with this chapter, except that— “(A) no funds shall be so expended unless an emergency has been declared by the Governor of the State with concurrence by the Secretary, unless the President has declared the emergency to be a major disaster for the purposes of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.) for which concurrence of the Secretary is not required; and “(B) Deadline. the Secretary has received an application from the State transportation department that includes a comprehensive list of all eligible project sites and repair costs by not later than 2 years after the natural disaster or catastrophic failure. “(2) Cost limitation.— “(A) Definition of comparable facility.— In this paragraph, the term ‘comparable facility’ means a facility that meets the current geometric and construction standards required for the types and volume of traffic that the facility will carry over its design life. “(B) Limitation.— The total cost of a project funded under this section may not exceed the cost of repair or reconstruction of a comparable facility. “(3) Debris removal.— The costs of debris removal shall be an eligible expense under this section only for— “(A) an event not declared a major disaster or emergency by the President under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.); or “(B) an event declared a major disaster or emergency by the President under that Act if the debris removal is not eligible for assistance under section 403, 407, or 502 of that Act (42 U.S.C. 5170b, 5173, 5192). “(4) Territories.— The total obligations for projects under this section for any fiscal year in the Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands shall not exceed $20,000,000. “(5) Substitute traffic.— Notwithstanding any other provision of this section, actual and necessary costs of maintenance and operation of ferryboats or additional transit service providing temporary substitute highway traffic service, less the amount of fares charged for comparable service, may be expended from the emergency fund authorized by this section for Federal-aid highways. “(e) Tribal Transportation Facilities, Federal Lands Transportation Facilities, and Public Roads on Federal Lands.— “(1) Definition of open to public travel.— In this subsection, the term ‘open to public travel’ means, with respect to a road, that, except during scheduled periods, extreme weather conditions, or emergencies, the road is open to the general public for use with a standard passenger vehicle, without restrictive gates or prohibitive signs or regulations, other than for general traffic control or restrictions based on size, weight, or class of registration. “(2) Expenditure of funds.— Notwithstanding subsection (d)(1), the Secretary may expend funds from the emergency fund authorized by this section, independently or in cooperation with any other branch of the Federal Government, a State agency, a tribal government, an organization, or a person, for the repair or reconstruction of tribal transportation facilities, Federal lands transportation facilities, and other federally owned roads that are open to public travel, whether or not those facilities are Federal-aid highways. “(3) Reimbursement.— “(A) In general.— The Secretary may reimburse Federal and State agencies (including political subdivisions) for expenditures made for projects determined eligible under this section, including expenditures for emergency repairs made before a determination of eligibility. “(B) Transfers.— With respect to reimbursements described in subparagraph (A)— “(i) those reimbursements to Federal agencies and Indian tribal governments shall be transferred to the account from which the expenditure was made, or to a similar account that remains available for obligation; and “(ii) the budget authority associated with the expenditure shall be restored to the agency from which the authority was derived and shall be available for obligation until the end of the fiscal year following the year in which the transfer occurs. “(f) Treatment of Territories.— For purposes of this section, the Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands shall be considered to be States and parts of the United States, and the chief executive officer of each such territory shall be considered to be a Governor of a State. “(g) Protecting Public Safety and Maintaining Roadways.— The Secretary may use not more than 5 percent of amounts from the emergency fund authorized by this section to carry out projects that the Secretary determines are necessary to protect the public safety or to maintain or protect roadways that are included within the scope of an emergency declaration by the Governor of the State or by the President, in accordance with this section, and the Governor deems to be an ongoing concern in order to maintain vehicular traffic on the roadway.” . SEC. 1108. SURFACE TRANSPORTATION PROGRAM. (a) Eligible Projects.— Section 133(b) of title 23, United States Code, is amended— (1) in the matter preceding paragraph (1) by striking “section 104(b)(3)” and inserting “section 104(b)(2)”; (2) by striking paragraph (1); (3) by redesignating paragraphs (2) through (15) as paragraphs (5) through (18), respectively; (4) by inserting before paragraph (5) (as so redesignated) the following: “(1) Construction, reconstruction, rehabilitation, resurfacing, restoration, preservation, or operational improvements for highways, including construction of designated routes of the Appalachian development highway system and local access roads under section 14501 of title 40. “(2) Replacement (including replacement with fill material), rehabilitation, preservation, protection (including painting, scour countermeasures, seismic retrofits, impact protection measures, security countermeasures, and protection against extreme events) and application of calcium magnesium acetate, sodium acetate/formate, or other environmentally acceptable, minimally corrosive anti-icing and deicing compositions for bridges (and approaches to bridges and other elevated structures) and tunnels on public roads of all functional classifications, including any such construction or reconstruction necessary to accommodate other transportation modes. “(3) Construction of a new bridge or tunnel at a new location on a Federal-aid highway. “(4) Inspection and evaluation of bridges and tunnels and training of bridge and tunnel inspectors (as defined in section 144), and inspection and evaluation of other highway assets (including signs, retaining walls, and drainage structures).” ; (5) by striking paragraph (6) (as so redesignated) and inserting the following: “(6) Carpool projects, fringe and corridor parking facilities and programs, including electric vehicle and natural gas vehicle infrastructure in accordance with section 137, bicycle transportation and pedestrian walkways in accordance with section 217, and the modifications of public sidewalks to comply with the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.).” ; (6) by striking paragraph (7) (as so redesignated) and inserting the following: “(7) Highway and transit safety infrastructure improvements and programs, installation of safety barriers and nets on bridges, hazard eliminations, projects to mitigate hazards caused by wildlife, and railway-highway grade crossings.” ; (7) in paragraph (11) (as so redesignated) by striking “enhancement activities” and inserting “alternatives”; (8) by striking paragraph (14) (as so redesignated) and inserting the following: “(14) Environmental mitigation efforts relating to projects funded under this title in the same manner and to the same extent as such activities are eligible under section 119(g).” ; and (9) by inserting after paragraph (18) (as so redesignated) the following: “(19) Projects and strategies designed to support congestion pricing, including electric toll collection and travel demand management strategies and programs. “(20) Recreational trails projects eligible for funding under section 206. “(21) Construction of ferry boats and ferry terminal facilities eligible for funding under section 129(c). “(22) Border infrastructure projects eligible for funding under section 1303 of the SAFETEA–LU (23 U.S.C. 101 note; Public Law 109–59). “(23) Truck parking facilities eligible for funding under section 1401 of the MAP–21. “(24) Development and implementation of a State asset management plan for the National Highway System in accordance with section 119, including data collection, maintenance, and integration and the costs associated with obtaining, updating, and licensing software and equipment required for risk based asset management and performance based management, and for similar activities related to the development and implementation of a performance based management program for other public roads. “(25) A project that, if located within the boundaries of a port terminal, includes only such surface transportation infrastructure modifications as are necessary to facilitate direct intermodal interchange, transfer, and access into and out of the port. “(26) Construction and operational improvements for any minor collector if— “(A) the minor collector, and the project to be carried out with respect to the minor collector, are in the same corridor as, and in proximity to, a Federal-aid highway designated as part of the National Highway System; “(B) the construction or improvements will enhance the level of service on the Federal-aid highway described in subparagraph (A) and improve regional traffic flow; and “(C) the construction or improvements are more cost-effective, as determined by a benefit-cost analysis, than an improvement to the Federal-aid highway described in subparagraph (A).” . (b) Location of Projects.— Section 133 of title 23, United States Code, is amended by striking subsection (c) and inserting the following: “(c) Location of Projects.— Surface transportation program projects may not be undertaken on roads functionally classified as local or rural minor collectors unless the roads were on a Federal-aid highway system on January 1, 1991, except— “(1) as provided in subsection (g); “(2) for projects described in paragraphs (2), (4), (6), (7), (11), (20), (25), and (26) of subsection (b); and “(3) as approved by the Secretary.” . (c) Allocation of Apportioned Funds.— Section 133 of the title 23, United States Code, is amended by striking subsection (d) and inserting the following: “(d) Allocations of Apportioned Funds to Areas Based on Population.— “(1) Calculation.— Of the funds apportioned to a State under section 104(b)(2)— “(A) 50 percent for a fiscal year shall be obligated under this section, in proportion to their relative shares of the population of the State— “(i) in urbanized areas of the State with an urbanized area population of over 200,000; “(ii) in areas of the State other than urban areas with a population greater than 5,000; and “(iii) in other areas of the State; and “(B) 50 percent may be obligated in any area of the State. “(2) Metropolitan areas.— Funds attributed to an urbanized area under paragraph (1)(A)(i) may be obligated in the metropolitan area established under section 134 that encompasses the urbanized area. “(3) Consultation with regional transportation planning organizations.— For purposes of paragraph (1)(A)(ii), before obligating funding attributed to an area with a population greater than 5,000 and less than 200,000, a State shall consult with the regional transportation planning organizations that represent the area, if any. “(4) Distribution among urbanized areas of over 200,000 population.— “(A) In general.— Except as provided in subparagraph (B), the amount of funds that a State is required to obligate under paragraph (1)(A)(i) shall be obligated in urbanized areas described in paragraph (1)(A)(i) based on the relative population of the areas. “(B) Other factors.— The State may obligate the funds described in subparagraph (A) based on other factors if the State and the relevant metropolitan planning organizations jointly apply to the Secretary for the permission to base the obligation on other factors and the Secretary grants the request. “(5) Applicability of planning requirements.— Programming and expenditure of funds for projects under this section shall be consistent with sections 134 and 135.” . (d) Administration.— Section 133 of title 23, United States Code, is amended by striking subsection (e) and inserting the following: “(e) Administration.— “(1) Submission of project agreement.— For each fiscal year, each State shall submit a project agreement that— “(A) Certification. certifies that the State will meet all the requirements of this section; and “(B) Notification. notifies the Secretary of the amount of obligations needed to carry out the program under this section. “(2) Request for adjustments of amounts.— Each State shall request from the Secretary such adjustments to the amount of obligations referred to in paragraph (1)(B) as the State determines to be necessary. “(3) Effect of approval by the secretary.— Approval by the Secretary of a project agreement under paragraph (1) shall be deemed a contractual obligation of the United States to pay surface transportation program funds made available under this title.” . (e) Obligation Authority.— Section 133(f)(1) of title 23, United States Code, is amended by striking “2004 through 2006 and the period of fiscal years 2007 through 2009” and inserting “2011 through 2014”. (f) Bridges Not on Federal-aid Highways.— Section 133 of the title 23, United States Code, is amended by adding at the end the following: “(g) Bridges Not on Federal-aid Highways.— “(1) Definition of off-system bridge.— In this subsection, the term ‘off-system bridge’ means a highway bridge located on a public road, other than a bridge on a Federal-aid highway. “(2) Special rule.— “(A) Set-aside.— Of the amounts apportioned to a State for fiscal year 2013 and each fiscal year thereafter under this section, the State shall obligate for activities described in subsection (b)(2) for off-system bridges an amount that is not less than 15 percent of the amount of funds apportioned to the State for the highway bridge program for fiscal year 2009, except that amounts allocated under subsection (d) shall not be obligated to carry out this subsection. “(B) Reduction of expenditures.— The Secretary, after consultation with State and local officials, may reduce the requirement for expenditures for off-system bridges under subparagraph (A) with respect to the State if the Secretary determines that the State has inadequate needs to justify the expenditure. “(3) Credit for bridges not on federal-aid highways.— Notwithstanding any other provision of law, with respect to any project not on a Federal-aid highway for the replacement of a bridge or rehabilitation of a bridge that is wholly funded from State and local sources, is eligible for Federal funds under this section, is noncontroversial, is certified by the State to have been carried out in accordance with all standards applicable to such projects under this section, and is determined by the Secretary upon completion to be no longer a deficient bridge— “(A) any amount expended after the date of enactment of this subsection from State and local sources for the project in excess of 20 percent of the cost of construction of the project may be credited to the non-Federal share of the cost of other bridge projects in the State that are eligible for Federal funds under this section; and “(B) that crediting shall be conducted in accordance with procedures established by the Secretary. “(h) Special Rule for Areas of Less Than 5,000 Population.— “(1) Special rule.— Notwithstanding subsection (c), and except as provided in paragraph (2), up to 15 percent of the amounts required to be obligated by a State under subsection (d)(1)(A)(iii) for each of fiscal years 2013 through 2014 may be obligated on roads functionally classified as minor collectors. “(2) Suspension.— The Secretary may suspend the application of paragraph (1) with respect to a State if the Secretary determines that the authority provided under paragraph (1) is being used excessively by the State.” . SEC. 1109. WORKFORCE DEVELOPMENT. (a) On-the-job Training.— Section 140(b) of title 23, United States Code, is amended— (1) in the second sentence, by striking “Whenever apportionments are made under section 104(b)(3) of this title,” and inserting “From administrative funds made available under section 104(a),”; and (2) in the fourth sentence, by striking “and the bridge program under section 144”. (b) Disadvantaged Business Enterprise.— Section 140(c) of title 23, United States Code, is amended in the second sentence by striking “Whenever apportionments are made under section 104(b)(3),” and inserting “From administrative funds made available under section 104(a),”. SEC. 1110. HIGHWAY USE TAX EVASION PROJECTS.   Section 143 of title 23, United States Code, is amended— (1) in subsection (b)— (A) by striking paragraph (2) and inserting the following: “(2) Funding.— “(A) In general.— From administrative funds made available under section 104(a), the Secretary shall deduct such sums as are necessary, not to exceed $10,000,000 for each of fiscal years 2013 and 2014, to carry out this section. “(B) Allocation of funds.— Funds made available to carry out this section may be allocated to the Internal Revenue Service and the States at the discretion of the Secretary, except that of funds so made available for each fiscal year, $2,000,000 shall be available only to carry out intergovernmental enforcement efforts, including research and training.” ; and (B) in paragraph (8) by striking “section 104(b)(3)” and inserting “section 104(b)(2)”; and (2) in subsection (c)(3) by striking “for each of fiscal years 2005 through 2009,” and inserting “for each fiscal year,”. SEC. 1111. NATIONAL BRIDGE AND TUNNEL INVENTORY AND INSPECTION STANDARDS. (a) In General.— Section 144 of title 23, United States Code, is amended to read as follows: “§ 144. National bridge and tunnel inventory and inspection standards “(a) Findings and Declarations.— “(1) Findings.— Congress finds that— “(A) the condition of the bridges of the United States has improved since the date of enactment of the Transportation Equity Act for the 21st Century (Public Law 105–178; 112 Stat. 107), yet continued improvement to bridge conditions is essential to protect the safety of the traveling public and allow for the efficient movement of people and goods on which the economy of the United States relies; and “(B) the systematic preventative maintenance of bridges, and replacement and rehabilitation of deficient bridges, should be undertaken through an overall asset management approach to transportation investment. “(2) Declarations.— Congress declares that it is in the vital interest of the United States— “(A) to inventory, inspect, and improve the condition of the highway bridges and tunnels of the United States; “(B) to use a data-driven, risk-based approach and cost-effective strategy for systematic preventative maintenance, replacement, and rehabilitation of highway bridges and tunnels to ensure safety and extended service life; “(C) to use performance-based bridge management systems to assist States in making timely investments; “(D) to ensure accountability and link performance outcomes to investment decisions; and “(E) to ensure connectivity and access for residents of rural areas of the United States through strategic investments in National Highway System bridges and bridges on all public roads. “(b) National Bridge and Tunnel Inventories.— The Secretary, in consultation with the States and Federal agencies with jurisdiction over highway bridges and tunnels, shall— “(1) inventory all highway bridges on public roads, on and off Federal-aid highways, including tribally owned and Federally owned bridges, that are bridges over waterways, other topographical barriers, other highways, and railroads; “(2) inventory all tunnels on public roads, on and off Federal-aid highways, including tribally owned and Federally owned tunnels; “(3) classify the bridges according to serviceability, safety, and essentiality for public use, including the potential impacts to emergency evacuation routes and to regional and national freight and passenger mobility if the serviceability of the bridge is restricted or diminished; “(4) based on that classification, assign each a risk-based priority for systematic preventative maintenance, replacement, or rehabilitation; and “(5) determine the cost of replacing each structurally deficient bridge identified under this subsection with a comparable facility or the cost of rehabilitating the bridge. “(c) General Bridge Authority.— “(1) In general.— Except as provided in paragraph (2) and notwithstanding any other provision of law, the General Bridge Act of 1946 (33 U.S.C. 525 et seq.) shall apply to bridges authorized to be replaced, in whole or in part, by this title. “(2) Exception.— Section 502(b) of the General Bridge Act of 1946 (33 U.S.C. 525(b)) and section 9 of the Act of March 3, 1899 (33 U.S.C. 401), shall not apply to any bridge constructed, reconstructed, rehabilitated, or replaced with assistance under this title, if the bridge is over waters that— “(A) are not used and are not susceptible to use in the natural condition of the bridge or by reasonable improvement as a means to transport interstate or foreign commerce; and “(B) are— “(i) not tidal; or “(ii) if tidal, used only by recreational boating, fishing, and other small vessels that are less than 21 feet in length. “(d) Inventory Updates and Reports.— “(1) In general.— The Secretary shall— “(A) annually revise the inventories authorized by subsection (b); and “(B) submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a report on the inventories. “(2) Inspection report.— Not later than 2 years after the date of enactment of the MAP–21, each State and appropriate Federal agency shall report element level data to the Secretary, as each bridge is inspected pursuant to this section, for all highway bridges on the National Highway System. “(3) Guidance.— The Secretary shall provide guidance to States and Federal agencies for implementation of this subsection, while respecting the existing inspection schedule of each State. “(4) Bridges not on national highway system.— The Secretary shall— “(A) Study. conduct a study on the benefits, cost-effectiveness, and feasibility of requiring element-level data collection for bridges not on the National Highway System; and “(B) submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a report on the results of the study. “(e) Bridges Without Taxing Powers.— “(1) In general.— Notwithstanding any other provision of law, any bridge that is owned and operated by an agency that does not have taxing powers and whose functions include operating a federally assisted public transit system subsidized by toll revenues shall be eligible for assistance under this title, but the amount of such assistance shall in no event exceed the cumulative amount which such agency has expended for capital and operating costs to subsidize such transit system. “(2) Insufficient assets.— Before authorizing an expenditure of funds under this subsection, the Secretary shall determine that the applicant agency has insufficient reserves, surpluses, and projected revenues (over and above those required for bridge and transit capital and operating costs) to fund the bridge project or activity eligible for assistance under this title. “(3) Crediting of non-federal funds.— Any non-Federal funds expended for the seismic retrofit of the bridge may be credited toward the non-Federal share required as a condition of receipt of any Federal funds for seismic retrofit of the bridge made available after the date of the expenditure. “(f) Replacement of Destroyed Bridges and Ferry Boat Service.— “(1) In general.— Notwithstanding any other provision of law, a State may use the funds apportioned under section 104(b)(2) to construct any bridge that replaces— “(A) any low water crossing (regardless of the length of the low water crossing); “(B) any bridge that was destroyed prior to January 1, 1965; “(C) any ferry that was in existence on January 1, 1984; or “(D) any road bridge that is rendered obsolete as a result of a Corps of Engineers flood control or channelization project and is not rebuilt with funds from the Corps of Engineers. “(2) Federal share.— The Federal share payable on any bridge construction carried out under paragraph (1) shall be 80 percent of the cost of the construction. “(g) Historic Bridges.— “(1) Definition of historic bridge.— In this subsection, the term ‘historic bridge’ means any bridge that is listed on, or eligible for listing on, the National Register of Historic Places. “(2) Coordination.— The Secretary shall, in cooperation with the States, encourage the retention, rehabilitation, adaptive reuse, and future study of historic bridges. “(3) State inventory.— The Secretary shall require each State to complete an inventory of all bridges on and off Federal-aid highways to determine the historic significance of the bridges. “(4) Eligibility.— “(A) In general.— Subject to subparagraph (B), reasonable costs associated with actions to preserve, or reduce the impact of a project under this chapter on, the historic integrity of a historic bridge shall be eligible as reimbursable project costs under section 133 if the load capacity and safety features of the historic bridge are adequate to serve the intended use for the life of the historic bridge. “(B) Bridges not used for vehicle traffic.— In the case of a historic bridge that is no longer used for motorized vehicular traffic, the costs eligible as reimbursable project costs pursuant to this chapter shall not exceed the estimated cost of demolition of the historic bridge. “(5) Preservation.— Any State that proposes to demolish a historic bridge for a replacement project with funds made available to carry out this section shall first make the historic bridge available for donation to a State, locality, or responsible private entity if the State, locality, or responsible entity enters into an agreement— “(A) to maintain the bridge and the features that give the historic bridge its historic significance; and “(B) to assume all future legal and financial responsibility for the historic bridge, which may include an agreement to hold the State transportation department harmless in any liability action. “(6) Costs incurred.— “(A) In general.— Costs incurred by the State to preserve a historic bridge (including funds made available to the State, locality, or private entity to enable it to accept the bridge) shall be eligible as reimbursable project costs under this chapter in an amount not to exceed the cost of demolition. “(B) Additional funding.— Any bridge preserved pursuant to this paragraph shall not be eligible for any other funds authorized pursuant to this title. “(h) National Bridge and Tunnel Inspection Standards.— “(1) Requirement.— “(A) In general.— The Secretary shall establish and maintain inspection standards for the proper inspection and evaluation of all highway bridges and tunnels for safety and serviceability. “(B) Uniformity.— The standards under this subsection shall be designed to ensure uniformity of the inspections and evaluations. “(2) Minimum requirements of inspection standards.— The standards established under paragraph (1) shall, at a minimum— “(A) specify, in detail, the method by which the inspections shall be carried out by the States, Federal agencies, and tribal governments; “(B) establish the maximum time period between inspections; “(C) establish the qualifications for those charged with carrying out the inspections; “(D) require each State, Federal agency, and tribal government to maintain and make available to the Secretary on request— “(i) Reports. written reports on the results of highway bridge and tunnel inspections and notations of any action taken pursuant to the findings of the inspections; and “(ii) Inventory data. current inventory data for all highway bridges and tunnels reflecting the findings of the most recent highway bridge and tunnel inspections conducted; and “(E) Procedures. Certification. establish a procedure for national certification of highway bridge inspectors and tunnel inspectors. “(3) State compliance with inspection standards.— The Secretary shall, at a minimum— “(A) establish, in consultation with the States, Federal agencies, and interested and knowledgeable private organizations and individuals, procedures to conduct reviews of State compliance with— “(i) the standards established under this subsection; and “(ii) the calculation or reevaluation of bridge load ratings; and “(B) Procedures. Reports. establish, in consultation with the States, Federal agencies, and interested and knowledgeable private organizations and individuals, procedures for States to follow in reporting to the Secretary— “(i) critical findings relating to structural or safety-related deficiencies of highway bridges and tunnels; and “(ii) monitoring activities and corrective actions taken in response to a critical finding described in clause (i). “(4) Reviews of state compliance.— “(A) In general.— The Secretary shall annually review State compliance with the standards established under this section. “(B) Noncompliance.— If an annual review in accordance with subparagraph (A) identifies noncompliance by a State, the Secretary shall— “(i) Reports. issue a report detailing the issues of the noncompliance by December 31 of the calendar year in which the review was made; and “(ii) provide the State an opportunity to address the noncompliance by— “(I) Action plan. developing a corrective action plan to remedy the noncompliance; or “(II) resolving the issues of noncompliance not later than 45 days after the date of notification. “(5) Penalty for noncompliance.— “(A) In general.— If a State fails to satisfy the requirements of paragraph (4)(B) by August 1 of the calendar year following the year of a finding of noncompliance, the Secretary shall, on October 1 of that year, and each year thereafter as may be necessary, require the State to dedicate funds apportioned to the State under sections 119 and 133 after the date of enactment of the MAP–21 to correct the noncompliance with the minimum inspection standards established under this subsection. “(B) Amount.— The amount of the funds to be directed to correcting noncompliance in accordance with subparagraph (A) shall— “(i) Determination. be determined by the State based on an analysis of the actions needed to address the noncompliance; and “(ii) require approval by the Secretary. “(6) Update of standards.— Not later than 3 years after the date of enactment of the MAP–21, the Secretary shall update inspection standards to cover— “(A) the methodology, training, and qualifications for inspectors; and “(B) the frequency of inspection. “(7) Risk-based approach.— In carrying out the revisions required by paragraph (6), the Secretary shall consider a risk-based approach to determining the frequency of bridge inspections. “(i) Training Program for Bridge and Tunnel Inspectors.— “(1) In general.— The Secretary, in cooperation with the State transportation departments, shall maintain a program designed to train appropriate personnel to carry out highway bridge and tunnel inspections. “(2) Revisions.— The training program shall be revised from time to time to take into account new and improved techniques. “(j) Availability of Funds.— In carrying out this section— “(1) the Secretary may use funds made available to the Secretary under sections 104(a) and 503; “(2) a State may use amounts apportioned to the State under section 104(b)(1) and 104(b)(3); “(3) an Indian tribe may use funds made available to the Indian tribe under section 202; and “(4) a Federal agency may use funds made available to the agency under section 503.” . (b) Conforming Amendment.— The analysis for chapter 1 of title 23, United States Code, is amended by striking the item relating to section 144 and inserting the following: “144. National bridge and tunnel inventory and inspection standards.”. SEC. 1112. HIGHWAY SAFETY IMPROVEMENT PROGRAM. (a) In General.— Section 148 of title 23, United States Code, is amended to read as follows: “§ 148. Highway safety improvement program “(a) Definitions.— In this section, the following definitions apply: “(1) High risk rural road.— The term ‘high risk rural road’ means any roadway functionally classified as a rural major or minor collector or a rural local road with significant safety risks, as defined by a State in accordance with an updated State strategic highway safety plan. “(2) Highway basemap.— The term ‘highway basemap’ means a representation of all public roads that can be used to geolocate attribute data on a roadway. “(3) Highway safety improvement program.— The term ‘highway safety improvement program’ means projects, activities, plans, and reports carried out under this section. “(4) Highway safety improvement project.— “(A) In general.— The term ‘highway safety improvement project’ means strategies, activities, and projects on a public road that are consistent with a State strategic highway safety plan and— “(i) correct or improve a hazardous road location or feature; or “(ii) address a highway safety problem. “(B) Inclusions.— The term ‘highway safety improvement project’ includes, but is not limited to, a project for 1 or more of the following: “(i) An intersection safety improvement. “(ii) Pavement and shoulder widening (including addition of a passing lane to remedy an unsafe condition). “(iii) Installation of rumble strips or another warning device, if the rumble strips or other warning devices do not adversely affect the safety or mobility of bicyclists and pedestrians, including persons with disabilities. “(iv) Installation of a skid-resistant surface at an intersection or other location with a high frequency of crashes. “(v) An improvement for pedestrian or bicyclist safety or safety of persons with disabilities. “(vi) Construction and improvement of a railway-highway grade crossing safety feature, including installation of protective devices. “(vii) The conduct of a model traffic enforcement activity at a railway-highway crossing. “(viii) Construction of a traffic calming feature. “(ix) Elimination of a roadside hazard. “(x) Installation, replacement, and other improvement of highway signage and pavement markings, or a project to maintain minimum levels of retroreflectivity, that addresses a highway safety problem consistent with a State strategic highway safety plan. “(xi) Installation of a priority control system for emergency vehicles at signalized intersections. “(xii) Installation of a traffic control or other warning device at a location with high crash potential. “(xiii) Transportation safety planning. “(xiv) Collection, analysis, and improvement of safety data. “(xv) Planning integrated interoperable emergency communications equipment, operational activities, or traffic enforcement activities (including police assistance) relating to work zone safety. “(xvi) Installation of guardrails, barriers (including barriers between construction work zones and traffic lanes for the safety of road users and workers), and crash attenuators. “(xvii) The addition or retrofitting of structures or other measures to eliminate or reduce crashes involving vehicles and wildlife. “(xviii) Installation of yellow-green signs and signals at pedestrian and bicycle crossings and in school zones. “(xix) Construction and operational improvements on high risk rural roads. “(xx) Geometric improvements to a road for safety purposes that improve safety. “(xxi) A road safety audit. “(xxii) Roadway safety infrastructure improvements consistent with the recommendations included in the publication of the Federal Highway Administration entitled ‘Highway Design Handbook for Older Drivers and Pedestrians’ (FHWA–RD–01–103), dated May 2001 or as subsequently revised and updated. “(xxiii) Truck parking facilities eligible for funding under section 1401 of the MAP–21. “(xxiv) Systemic safety improvements. “(5) Model inventory of roadway elements.— The term ‘model inventory of roadway elements’ means the listing and standardized coding by the Federal Highway Administration of roadway and traffic data elements critical to safety management, analysis, and decisionmaking. “(6) Project to maintain minimum levels of retroreflectivity.— The term ‘project to maintain minimum levels of retroreflectivity’ means a project that is designed to maintain a highway sign or pavement marking retroreflectivity at or above the minimum levels prescribed in Federal or State regulations. “(7) Road safety audit.— The term ‘road safety audit’ means a formal safety performance examination of an existing or future road or intersection by an independent multidisciplinary audit team. “(8) Road users.— The term ‘road user’ means a motorist, passenger, public transportation operator or user, truck driver, bicyclist, motorcyclist, or pedestrian, including a person with disabilities. “(9) Safety data.— “(A) In general.— The term ‘safety data’ means crash, roadway, and traffic data on a public road. “(B) Inclusion.— The term ‘safety data’ includes, in the case of a railway-highway grade crossing, the characteristics of highway and train traffic, licensing, and vehicle data. “(10) Safety project under any other section.— “(A) 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 title. “(B) Inclusion.— The term ‘safety project under any other section’ includes— “(i) a project consistent with the State strategic highway safety plan that promotes the awareness of the public and educates the public concerning highway safety matters (including motorcycle safety); “(ii) a project to enforce highway safety laws; and “(iii) a project to provide infrastructure and infrastructure-related equipment to support emergency services. “(11) State highway safety improvement program.— The term ‘State highway safety improvement program’ means a program of highway safety improvement projects, activities, plans and reports carried out as part of the Statewide transportation improvement program under section 135(g). “(12) State strategic highway safety plan.— The term ‘State strategic highway safety plan’ means a comprehensive plan, based on safety data, developed by a State transportation department that— “(A) is developed after consultation with— “(i) a highway safety representative of the Governor of the State; “(ii) regional transportation planning organizations and metropolitan planning organizations, if any; “(iii) representatives of major modes of transportation; “(iv) State and local traffic enforcement officials; “(v) a highway-rail grade crossing safety representative of the Governor of the State; “(vi) representatives conducting a motor carrier safety program under section 31102, 31106, or 31309 of title 49; “(vii) motor vehicle administration agencies; “(viii) county transportation officials; “(ix) State representatives of nonmotorized users; and “(x) other major Federal, State, tribal, and local safety stakeholders; “(B) analyzes and makes effective use of State, regional, local, or tribal safety data; “(C) addresses engineering, management, operation, education, enforcement, and emergency services elements (including integrated, interoperable emergency communications) of highway safety as key factors in evaluating highway projects; “(D) considers safety needs of, and high-fatality segments of, all public roads, including non-State-owned public roads and roads on tribal land; “(E) considers the results of State, regional, or local transportation and highway safety planning processes; “(F) describes a program of strategies to reduce or eliminate safety hazards; “(G) is approved by the Governor of the State or a responsible State agency; “(H) is consistent with section 135(g); and “(I) is updated and submitted to the Secretary for approval as required under subsection (d)(2). “(13) Systemic safety improvement.— The term ‘systemic safety improvement’ means an improvement that is widely implemented based on high-risk roadway features that are correlated with particular crash types, rather than crash frequency. “(b) Program.— “(1) In general.— The Secretary shall carry out a highway safety improvement program. “(2) Purpose.— The purpose of the highway safety improvement program shall be to achieve a significant reduction in traffic fatalities and serious injuries on all public roads, including non-State-owned public roads and roads on tribal land. “(c) Eligibility.— “(1) In general.— To obligate funds apportioned under section 104(b)(3) to carry out this section, a State shall have in effect a State highway safety improvement program under which the State— “(A) Strategic plan. develops, implements, and updates a State strategic highway safety plan that identifies and analyzes highway safety problems and opportunities as provided in subsections (a)(12) and (d); “(B) produces a program of projects or strategies to reduce identified safety problems; and “(C) Evaluation. evaluates the strategic highway safety plan on a regularly recurring basis in accordance with subsection (d)(1) to ensure the accuracy of the data and priority of proposed strategies. “(2) Identification and analysis of highway safety problems and opportunities.— As part of the State highway safety improvement program, a State shall— “(A) have in place a safety data system with the ability to perform safety problem identification and countermeasure analysis— “(i) to improve the timeliness, accuracy, completeness, uniformity, integration, and accessibility of the safety data on all public roads, including non-State-owned public roads and roads on tribal land in the State; “(ii) to evaluate the effectiveness of data improvement efforts; “(iii) to link State data systems, including traffic records, with other data systems within the State; “(iv) to improve the compatibility and interoperability of safety data with other State transportation-related data systems and the compatibility and interoperability of State safety data systems with data systems of other States and national data systems; “(v) to enhance the ability of the Secretary to observe and analyze national trends in crash occurrences, rates, outcomes, and circumstances; and “(vi) to improve the collection of data on nonmotorized crashes; “(B) based on the analysis required by subparagraph (A)— “(i) identify hazardous locations, sections, and elements (including roadside obstacles, railway-highway crossing needs, and unmarked or poorly marked roads) that constitute a danger to motorists (including motorcyclists), bicyclists, pedestrians, and other highway users; “(ii) using such criteria as the State determines to be appropriate, establish the relative severity of those locations, in terms of crashes (including crash rates), fatalities, serious injuries, traffic volume levels, and other relevant data; “(iii) identify the number of fatalities and serious injuries on all public roads by location in the State; “(iv) identify highway safety improvement projects on the basis of crash experience, crash potential, crash rate, or other data-supported means; and “(v) consider which projects maximize opportunities to advance safety; “(C) adopt strategic and performance-based goals that— “(i) address traffic safety, including behavioral and infrastructure problems and opportunities on all public roads; “(ii) focus resources on areas of greatest need; and “(iii) are coordinated with other State highway safety programs; “(D) advance the capabilities of the State for safety data collection, analysis, and integration in a manner that— “(i) complements the State highway safety program under chapter 4 and the commercial vehicle safety plan under section 31102 of title 49; “(ii) includes all public roads, including public non-State-owned roads and roads on tribal land; “(iii) identifies hazardous locations, sections, and elements on all public roads that constitute a danger to motorists (including motorcyclists), bicyclists, pedestrians, persons with disabilities, and other highway users; “(iv) includes a means of identifying the relative severity of hazardous locations described in clause (iii) in terms of crashes (including crash rate), serious injuries, fatalities, and traffic volume levels; and “(v) improves the ability of the State to identify the number of fatalities and serious injuries on all public roads in the State with a breakdown by functional classification and ownership in the State; “(E) (i) determine priorities for the correction of hazardous road locations, sections, and elements (including railway-highway crossing improvements), as identified through safety data analysis; “(ii) identify opportunities for preventing the development of such hazardous conditions; and “(iii) establish and implement a schedule of highway safety improvement projects for hazard correction and hazard prevention; and “(F) (i) Evaluation. establish an evaluation process to analyze and assess results achieved by highway safety improvement projects carried out in accordance with procedures and criteria established by this section; and “(ii) use the information obtained under clause (i) in setting priorities for highway safety improvement projects. “(d) Updates to Strategic Highway Safety Plans.— “(1) Establishment of requirements.— “(A) In general.— Not later than 1 year after the date of enactment of the MAP–21, the Secretary shall establish requirements for regularly recurring State updates of strategic highway safety plans. “(B) Contents of updated strategic highway safety plans.— In establishing requirements under this subsection, the Secretary shall ensure that States take into consideration, with respect to updated strategic highway safety plans— “(i) the findings of road safety audits; “(ii) the locations of fatalities and serious injuries; “(iii) the locations that do not have an empirical history of fatalities and serious injuries, but possess risk factors for potential crashes; “(iv) rural roads, including all public roads, commensurate with fatality data; “(v) motor vehicle crashes that include fatalities or serious injuries to pedestrians and bicyclists; “(vi) the cost-effectiveness of improvements; “(vii) improvements to rail-highway grade crossings; and “(viii) safety on all public roads, including non-State-owned public roads and roads on tribal land. “(2) Approval of updated strategic highway safety plans.— “(A) In general.— Each State shall— “(i) update the strategic highway safety plans of the State in accordance with the requirements established by the Secretary under this subsection; and “(ii) submit the updated plans to the Secretary, along with a detailed description of the process used to update the plan. “(B) Requirements for approval.— The Secretary shall not approve the process for an updated strategic highway safety plan unless— “(i) the updated strategic highway safety plan is consistent with the requirements of this subsection and subsection (a)(12); and “(ii) the process used is consistent with the requirements of this subsection. “(3) Penalty for failure to have an approved updated strategic highway safety plan.— Deadline. If a State does not have an updated strategic highway safety plan with a process approved by the Secretary by August 1 of the fiscal year beginning after the date of establishment of the requirements under paragraph (1), the State shall not be eligible to receive any additional limitation pursuant to the redistribution of the limitation on obligations for Federal-aid highway and highway safety construction programs that occurs after August 1 for each succeeding fiscal year until the fiscal year during which the plan is approved. “(e) Eligible Projects.— “(1) In general.— Funds apportioned to the State under section 104(b)(3) may be obligated to carry out— “(A) any highway safety improvement project on any public road or publicly owned bicycle or pedestrian pathway or trail; “(B) as provided in subsection (g); or “(C) any project to maintain minimum levels of retroreflectivity with respect to a public road, without regard to whether the project is included in an applicable State strategic highway safety plan. “(2) Use of other funding for safety.— “(A) Effect of section.— Nothing in this section prohibits the use of funds made available under other provisions of this title for highway safety improvement projects. “(B) Use of other funds.— States are encouraged to address the full scope of the safety needs and opportunities of the States by using funds made available under other provisions of this title (except a provision that specifically prohibits that use). “(f) Data Improvement.— “(1) Definition of data improvement activities.— In this subsection, the following definitions apply: “(A) In general.— The term ‘data improvement activities’ means a project or activity to further the capacity of a State to make more informed and effective safety infrastructure investment decisions. “(B) Inclusions.— The term ‘data improvement activities’ includes a project or activity— “(i) to create, update, or enhance a highway basemap of all public roads in a State; “(ii) to collect safety data, including data identified as part of the model inventory for roadway elements, for creation of or use on a highway basemap of all public roads in a State; “(iii) to store and maintain safety data in an electronic manner; “(iv) to develop analytical processes for safety data elements; “(v) to acquire and implement roadway safety analysis tools; and “(vi) to support the collection, maintenance, and sharing of safety data on all public roads and related systems associated with the analytical usage of that data. “(2) Model inventory of roadway elements.— The Secretary shall— “(A) establish a subset of the model inventory of roadway elements that are useful for the inventory of roadway safety; and “(B) ensure that States adopt and use the subset to improve data collection. “(g) Special Rules.— “(1) High-risk rural road safety.— If the fatality rate on rural roads in a State increases over the most recent 2-year period for which data are available, that State shall be required to obligate in the next fiscal year for projects on high risk rural roads an amount equal to at least 200 percent of the amount of funds the State received for fiscal year 2009 for high risk rural roads under subsection (f) of this section, as in effect on the day before the date of enactment of the MAP–21. “(2) Older drivers.— If traffic fatalities and serious injuries per capita for drivers and pedestrians over the age of 65 in a State increases during the most recent 2-year period for which data are available, that State shall be required to include, in the subsequent Strategic Highway Safety Plan of the State, strategies to address the increases in those rates, taking into account the recommendations included in the publication of the Federal Highway Administration entitled ‘Highway Design Handbook for Older Drivers and Pedestrians’ (FHWA–RD–01–103), and dated May 2001, or as subsequently revised and updated. “(h) Reports.— “(1) In general.— A State shall submit to the Secretary a report that— “(A) describes progress being made to implement highway safety improvement projects under this section; “(B) assesses the effectiveness of those improvements; and “(C) describes the extent to which the improvements funded under this section have contributed to reducing— “(i) the number and rate of fatalities on all public roads with, to the maximum extent practicable, a breakdown by functional classification and ownership in the State; “(ii) the number and rate of serious injuries on all public roads with, to the maximum extent practicable, a breakdown by functional classification and ownership in the State; and “(iii) the occurrences of fatalities and serious injuries at railway-highway crossings. “(2) Contents; schedule.— The Secretary shall establish the content and schedule for the submission of the report under paragraph (1). “(3) Transparency.— The Secretary shall make strategic highway safety plans submitted under subsection (d) and reports submitted under this subsection available to the public through— “(A) the website of the Department; and “(B) such other means as the Secretary determines to be appropriate. “(4) Discovery and admission into evidence of certain reports, surveys, and information.— Notwithstanding any other provision of law, reports, surveys, schedules, lists, or data compiled or collected for any purpose relating to this section, shall not be subject to discovery or admitted into evidence in a Federal or State court proceeding or considered for other purposes in any action for damages arising from any occurrence at a location identified or addressed in the reports, surveys, schedules, lists, or other data. “(i) State Performance Targets.— If the Secretary determines that a State has not met or made significant progress toward meeting the performance targets of the State established under section 150(d) by the date that is 2 years after the date of the establishment of the performance targets, the State shall— “(1) use obligation authority equal to the apportionment of the State for the prior year under section 104(b)(3) only for highway safety improvement projects under this section until the Secretary determines that the State has met or made significant progress toward meeting the performance targets of the State; and “(2) Implementation plan. submit annually to the Secretary, until the Secretary determines that the State has met or made significant progress toward meeting the performance targets of the State, an implementation plan that— “(A) identifies roadway features that constitute a hazard to road users; “(B) identifies highway safety improvement projects on the basis of crash experience, crash potential, or other data-supported means; “(C) describes how highway safety improvement program funds will be allocated, including projects, activities, and strategies to be implemented; “(D) describes how the proposed projects, activities, and strategies funded under the State highway safety improvement program will allow the State to make progress toward achieving the safety performance targets of the State; and “(E) describes the actions the State will undertake to meet the performance targets of the State. “(j) Federal Share of Highway Safety Improvement Projects.— Except as provided in sections 120 and 130, the Federal share of the cost of a highway safety improvement project carried out with funds apportioned to a State under section 104(b)(3) shall be 90 percent.” . (b) Study of High-risk Rural Roads Best Practices.— (1) Study.— (A) In general.— The Secretary shall conduct a study of the best practices for implementing cost-effective roadway safety infrastructure improvements on high-risk rural roads. (B) Methodology.— In carrying out the study, the Secretary shall— (i) conduct a thorough literature review; (ii) survey current practices of State departments of transportation; and (iii) survey current practices of local units of government, as appropriate. (C) Consultation.— In carrying out the study, the Secretary shall consult with— (i) State departments of transportation; (ii) county engineers and public works professionals; (iii) appropriate local officials; and (iv) appropriate private sector experts in the field of roadway safety infrastructure. (2) Report.— (A) In general.— Not later than 1 year after the date of enactment of this Act, 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 results of the study. (B) Contents.— The report shall include— (i) a summary of cost-effective roadway safety infrastructure improvements; (ii) a summary of the latest research on the financial savings and reduction in fatalities and serious bodily injury crashes from the implementation of cost-effective roadway safety infrastructure improvements; and (iii) recommendations for State and local governments on best practice methods to install cost-effective roadway safety infrastructure on high-risk rural roads. (3) Manual.— (A) Development.— Based on the results of the study under paragraph (2), the Secretary, in consultation with the individuals and entities described in paragraph (1)(C), shall develop a best practices manual to support Federal, State, and local efforts to reduce fatalities and serious bodily injury crashes on high-risk rural roads through the use of cost-effective roadway safety infrastructure improvements. (B) Availability.— The manual shall be made available to State and local governments not later than 180 days after the date of submission of the report under paragraph (2). (C) Contents.— The manual shall include, at a minimum, a list of cost-effective roadway safety infrastructure improvements and best practices on the installation of cost-effective roadway safety infrastructure improvements on high-risk rural roads. (D) Use of manual.— Use of the manual shall be voluntary and the manual shall not establish any binding standards or legal duties on State or local governments, or any other person. SEC. 1113. CONGESTION MITIGATION AND AIR QUALITY IMPROVEMENT PROGRAM. (a) Eligible Projects.— Section 149(b) of title 23, United States Code, is amended— (1) in the matter preceding paragraph (1)— (A) by striking “in subsection (c)” and inserting “in subsection (d)”; and (B) by striking “section 104(b)(2)” and inserting “section 104(b)(4)”; (2) in paragraph (5)— (A) by inserting “add turning lanes,” after “improve intersections,”; and (B) by striking “paragraph;” and inserting “paragraph, including programs or projects to improve incident and emergency response or improve mobility, such as through real-time traffic, transit, and multimodal traveler information;”; (3) in paragraph (6) by striking “or” at the end; (4) in paragraph (7)(A)(ii) by striking “published in the list under subsection (f)(2)” and inserting “verified technologies (as defined in section 791 of the Energy Policy Act of 2005 (42 U.S.C. 16131))”; (5) by striking the matter following paragraph (7); (6) by redesignating paragraph (7) as paragraph (8); and (7) by inserting after paragraph (6) the following: “(7) if the project or program shifts traffic demand to nonpeak hours or other transportation modes, increases vehicle occupancy rates, or otherwise reduces demand for roads through such means as telecommuting, ridesharing, carsharing, alternative work hours, and pricing; or” . (b) Special Rules.— Section 149 of title 23, United States Code, is amended— (1) by redesignating subsections (c) through (h) as subsections (d) through (i) respectively; (2) by inserting after subsection (b) the following: “(c) Special Rules.— “(1) Projects for pm–10 nonattainment areas.— A State may obligate funds apportioned to the State under section 104(b)(4) for a project or program for an area that is nonattainment for ozone or carbon monoxide, or both, and for PM– 10 resulting from transportation activities, without regard to any limitation of the Department of Transportation relating to the type of ambient air quality standard such project or program addresses. “(2) Electric vehicle and natural gas vehicle infrastructure.— A State may obligate funds apportioned under section 104(b)(4) for a project or program to establish electric vehicle charging stations or natural gas vehicle refueling stations for the use of battery powered or natural gas fueled trucks or other motor vehicles at any location in the State except that such stations may not be established or supported where commercial establishments serving motor vehicle users are prohibited by section 111 of title 23, United States Code. “(3) HOV facilities.— No funds may be provided under this section for a project which will result in the construction of new capacity available to single occupant vehicles unless the project consists of a high occupancy vehicle facility available to single occupant vehicles only at other than peak travel times.” ; (3) by striking subsection (d) (as redesignated by paragraph (1)) and inserting the following: “(d) States Flexibility.— “(1) States without a nonattainment area.— If a State does not have, and never has had, a nonattainment area designated under the Clean Air Act (42 U.S.C. 7401 et seq.), the State may use funds apportioned to the State under section 104(b)(4) for any project in the State that— “(A) would otherwise be eligible under subsection (b) as if the project were carried out in a nonattainment or maintenance area; or “(B) is eligible under the surface transportation program under section 133. “(2) States with a nonattainment area.— “(A) In general.— If a State has a nonattainment area or maintenance area and received funds in fiscal year 2009 under section 104(b)(2)(D), as in effect on the day before the date of enactment of the MAP–21, above the amount of funds that the State would have received based on the nonattainment and maintenance area population of the State under subparagraphs (B) and (C) of section 104(b)(2), as in effect on the day before the date of enactment of the MAP–21, the State may use for any project that is eligible under the surface transportation program under section 133 an amount of funds apportioned to such State under section 104(b)(4) that is equal to the product obtained by multiplying— “(i) the amount apportioned to such State under section 104(b)(4) (excluding the amount of funds reserved under paragraph (l)); by “(ii) the ratio calculated under subparagraph (B). “(B) Ratio.— For purposes of this paragraph, the ratio shall be calculated as the proportion that— “(i) the amount for fiscal year 2009 such State was permitted by section 149(c)(2), as in effect on the day before the date of enactment of the MAP–21, to obligate in any area of the State for projects eligible under section 133, as in effect on the day before the date of enactment of the MAP–21t; bears to “(ii) the total apportionment to such State for fiscal year 2009 under section 104(b)(2), as in effect on the day before the date of enactment of the MAP–21. “(3) Changes in designation.— If a new nonattainment area is designated or a previously designated nonattainment area is redesignated as an attainment area in a State under the Clean Air Act (42 U.S.C. 7401 et seq.), the Secretary shall modify the amount such State is permitted to obligate in any area of the State for projects eligible under section 133.” ; (4) in subsection (f)(3) (as redesignated by paragraph (1)) by striking “104(b)(2)” and inserting “104(b)(4)”; (5) in subsection (g) (as redesignated by paragraph (1)) by striking paragraph (3) and inserting the following: “(3) Priority consideration.— States and metropolitan planning organizations shall give priority in areas designated as nonattainment or maintenance for PM2.5 under the Clean Air Act (42 U.S.C. 7401 et seq.) in distributing funds received for congestion mitigation and air quality projects and programs from apportionments under section 104(b)(4) to projects that are proven to reduce PM2.5, including diesel retrofits.” ; (6) by striking subsection (i) (as redesignated by paragraph (1)) and inserting the following: “(i) Evaluation and Assessment of Projects.— “(1) Database.— “(A) In general.— Using appropriate assessments of projects funded under the congestion mitigation and air quality program and results from other research, the Secretary shall maintain and disseminate a cumulative database describing the impacts of the projects, including specific information about each project, such as the project name, location, sponsor, cost, and, to the extent already measured by the project sponsor, cost-effectiveness, based on reductions in congestion and emissions. “(B) Availability.— The database shall be published or otherwise made readily available by the Secretary in electronically accessible format and means, such as the Internet, for public review. “(2) Cost effectiveness.— “(A) In general.— The Secretary, in consultation with the Administrator of the Environmental Protection Agency, shall evaluate projects on a periodic basis and develop a table or other similar medium that illustrates the cost-effectiveness of a range of project types eligible for funding under this section as to how the projects mitigate congestion and improve air quality. “(B) Contents.— The table described in subparagraph (A) shall show measures of cost-effectiveness, such as dollars per ton of emissions reduced, and assess those measures over a variety of timeframes to capture impacts on the planning timeframes outlined in section 134. “(C) Use of table.— States and metropolitan planning organizations shall consider the information in the table when selecting projects or developing performance plans under subsection (l). “(j) Optional Programmatic Eligibility.— “(1) In general.— At the discretion of a metropolitan planning organization, a technical assessment of a selected program of projects may be conducted through modeling or other means to demonstrate the emissions reduction projection required under this section. “(2) Applicability.— If an assessment described in paragraph (1) successfully demonstrates an emissions reduction, all projects included in such assessment shall be eligible for obligation under this section without further demonstration of emissions reduction of individual projects included in such assessment. “(k) Priority for Use of Funds in PM2.5 Areas.— “(1) In general.— For any State that has a nonattainment or maintenance area for fine particulate matter, an amount equal to 25 percent of the funds apportioned to each State under section 104(b)(4) for a nonattainment or maintenance area that are based all or in part on the weighted population of such area in fine particulate matter nonattainment shall be obligated to projects that reduce such fine particulate matter emissions in such area, including diesel retrofits. “(2) Construction equipment and vehicles.— In order to meet the requirements of paragraph (1), a State or metropolitan planning organization may elect to obligate funds to install diesel emission control technology on nonroad diesel equipment or on-road diesel equipment that is operated on a highway construction project within a PM2.5 nonattainment or maintenance area. “(l) Performance Plan.— “(1) In general.— Each metropolitan planning organization serving a transportation management area (as defined in section 134) with a population over 1,000,000 people representing a nonattainment or maintenance area shall develop a performance plan that— “(A) includes an area baseline level for traffic congestion and on-road mobile source emissions for which the area is in nonattainment or maintenance; “(B) describes progress made in achieving the performance targets described in section 150(d); and “(C) includes a description of projects identified for funding under this section and how such projects will contribute to achieving emission and traffic congestion reduction targets. “(2) Updated plans.— Performance plans shall be updated biennially and include a separate report that assesses the progress of the program of projects under the previous plan in achieving the air quality and traffic congestion targets of the previous plan. “(m) Operating Assistance.— A State may obligate funds apportioned under section 104(b)(2) in an area of such State that is otherwise eligible for obligations of such funds for operating costs under chapter 53 of title 49 or on a system that was previously eligible under this section.” . (c) Air Quality and Congestion Mitigation Measure Outcomes Assessment Study.— (1) In general.— The Secretary, in consultation with the Administrator of the Environmental Protection Agency, shall examine the outcomes of actions funded under the congestion mitigation and air quality improvement program since the date of enactment of the SAFETEA–LU (Public Law 109–59). (2) Goals.— The goals of the program shall include— (A) the assessment and documentation, through outcomes research conducted on a representative sample of cases, of— (i) the emission reductions achieved by federally supported surface transportation actions intended to reduce emissions or lessen traffic congestion; and (ii) the air quality and human health impacts of those actions, including potential unrecognized or indirect consequences, attributable to those actions; (B) an expanded base of empirical evidence on the air quality and human health impacts of actions described in paragraph (1); and (C) an increase in knowledge of— (i) the factors determining the air quality and human health changes associated with transportation emission reduction actions; and (ii) other information to more accurately understand the validity of current estimation and modeling routines and ways to improve those routines. (3) Administrative elements.— To carry out this subsection, the Secretary shall— (A) Grants. make a grant for the coordination, selection, management, and reporting of component studies to an independent scientific research organization with the necessary experience in successfully conducting accountability and other studies on mobile source air pollutants and associated health effects; (B) ensure that case studies are identified and conducted by teams selected through a competitive solicitation overseen by an independent committee of unbiased experts; and (C) ensure that all findings and reports are peer-reviewed and published in a form that presents the findings together with reviewer comments. (4) Report.— 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) not later than 1 year after the date of enactment of the MAP–21, and for the following year, a report providing an initial scoping and plan, and status updates, respectively, for the program under this subsection; and (B) not later than 2 years after the date of enactment of the MAP–21, a final report that describes the findings of, and recommendations resulting from, the program under this subsection. (5) Funding.— Of the amounts made available to carry out section 104(a) for fiscal year 2013, the Secretary shall make available to carry out this subsection not more than $1,000,000. SEC. 1114. TERRITORIAL AND PUERTO RICO HIGHWAY PROGRAM. (a) In General.— Section 165 of title 23, United States Code, is amended to read as follows: “§ 165. Territorial and Puerto Rico highway program “(a) Division of Funds.— Of funds made available in a fiscal year for the territorial and Puerto Rico highway program— “(1) $150,000,000 shall be for the Puerto Rico highway program under subsection (b); and “(2) $40,000,000 shall be for the territorial highway program under subsection (c). “(b) Puerto Rico Highway Program.— “(1) In general.— The Secretary shall allocate funds made available to carry out this subsection to the Commonwealth of Puerto Rico to carry out a highway program in the Commonwealth. “(2) Treatment of funds.— Amounts made available to carry out this subsection for a fiscal year shall be administered as follows: “(A) Apportionment.— “(i) In general.— For the purpose of imposing any penalty under this title or title 49, the amounts shall be treated as being apportioned to Puerto Rico under sections 104(b) and 144 (as in effect for fiscal year 1997) for each program funded under those sections in an amount determined by multiplying— “(I) the aggregate of the amounts for the fiscal year; by “(II) the proportion that— “(aa) the amount of funds apportioned to Puerto Rico for each such program for fiscal year 1997; bears to “(bb) the total amount of funds apportioned to Puerto Rico for all such programs for fiscal year 1997. “(ii) Exception.— Funds identified under clause (i) as having been apportioned for the national highway system, the surface transportation program, and the Interstate maintenance program shall be deemed to have been apportioned 50 percent for the national highway performance program and 50 percent for the surface transportation program for purposes of imposing such penalties. “(B) Penalty.— The amounts treated as being apportioned to Puerto Rico under each section referred to in subparagraph (A) shall be deemed to be required to be apportioned to Puerto Rico under that section for purposes of the imposition of any penalty under this title or title 49. “(C) Eligible uses of funds.— Of amounts allocated to Puerto Rico for the Puerto Rico Highway Program for a fiscal year— “(i) at least 50 percent shall be available only for purposes eligible under section 119; “(ii) at least 25 percent shall be available only for purposes eligible under section 148; and “(iii) any remaining funds may be obligated for activities eligible under chapter 1. “(3) Effect on apportionments.— Except as otherwise specifically provided, Puerto Rico shall not be eligible to receive funds apportioned to States under this title. “(c) Territorial Highway Program.— “(1) Territory defined.— In this subsection, the term ‘territory’ means any of the following territories of the United States: “(A) American Samoa. “(B) The Commonwealth of the Northern Mariana Islands. “(C) Guam. “(D) The United States Virgin Islands. “(2) Program.— “(A) In general.— Recognizing the mutual benefits that will accrue to the territories and the United States from the improvement of highways in the territories, the Secretary may carry out a program to assist each government of a territory in the construction and improvement of a system of arterial and collector highways, and necessary inter-island connectors, that is— “(i) designated by the Governor or chief executive officer of each territory; and “(ii) approved by the Secretary. “(B) Federal share.— The Federal share of Federal financial assistance provided to territories under this subsection shall be in accordance with section 120(g). “(3) Technical assistance.— “(A) In general.— To continue a long-range highway development program, the Secretary may provide technical assistance to the governments of the territories to enable the territories, on a continuing basis— “(i) to engage in highway planning; “(ii) to conduct environmental evaluations; “(iii) to administer right-of-way acquisition and relocation assistance programs; and “(iv) to design, construct, operate, and maintain a system of arterial and collector highways, including necessary inter-island connectors. “(B) Form and terms of assistance.— Technical assistance provided under subparagraph (A), and the terms for the sharing of information among territories receiving the technical assistance, shall be included in the agreement required by paragraph (5). “(4) Nonapplicability of certain provisions.— “(A) In general.— Except to the extent that provisions of this chapter are determined by the Secretary to be inconsistent with the needs of the territories and the intent of this subsection, this chapter (other than provisions of this chapter relating to the apportionment and allocation of funds) shall apply to funds made available under this subsection. “(B) Applicable provisions.— The agreement required by paragraph (5) for each territory shall identify the sections of this chapter that are applicable to that territory and the extent of the applicability of those sections. “(5) Agreement.— “(A) In general.— Except as provided in subparagraph (D), none of the funds made available under this subsection shall be available for obligation or expenditure with respect to any territory until the chief executive officer of the territory has entered into an agreement (including an agreement entered into under section 215 as in effect on the day before the enactment of this section) with the Secretary providing that the government of the territory shall— “(i) implement the program in accordance with applicable provisions of this chapter and paragraph (4); “(ii) design and construct a system of arterial and collector highways, including necessary inter-island connectors, in accordance with standards that are— “(I) appropriate for each territory; and “(II) approved by the Secretary; “(iii) provide for the maintenance of facilities constructed or operated under this subsection in a condition to adequately serve the needs of present and future traffic; and “(iv) implement standards for traffic operations and uniform traffic control devices that are approved by the Secretary. “(B) Technical assistance.— The agreement required by subparagraph (A) shall— “(i) specify the kind of technical assistance to be provided under the program; “(ii) include appropriate provisions regarding information sharing among the territories; and “(iii) delineate the oversight role and responsibilities of the territories and the Secretary. “(C) Review and revision of agreement.— The agreement entered into under subparagraph (A) shall be reevaluated and, as necessary, revised, at least every 2 years. “(D) Existing agreements.— With respect to an agreement under this subsection or an agreement entered into under section 215 of this title as in effect on the day before the date of enactment of this subsection— “(i) the agreement shall continue in force until replaced by an agreement entered into in accordance with subparagraph (A); and “(ii) amounts made available under this subsection under the existing agreement shall be available for obligation or expenditure so long as the agreement, or the existing agreement entered into under subparagraph (A), is in effect. “(6) Eligible uses of funds.— “(A) In general.— Funds made available under this subsection may be used only for the following projects and activities carried out in a territory: “(i) Eligible surface transportation program projects described in section 133(b). “(ii) Cost-effective, preventive maintenance consistent with section 116(e). “(iii) Ferry boats, terminal facilities, and approaches, in accordance with subsections (b) and (c) of section 129. “(iv) Engineering and economic surveys and investigations for the planning, and the financing, of future highway programs. “(v) Studies of the economy, safety, and convenience of highway use. “(vi) The regulation and equitable taxation of highway use. “(vii) Such research and development as are necessary in connection with the planning, design, and maintenance of the highway system. “(B) Prohibition on use of funds for routine maintenance.— None of the funds made available under this subsection shall be obligated or expended for routine maintenance. “(7) Location of projects.— Territorial highway program projects (other than those described in paragraphs (2), (4), (7), (8), (14), and (19) of section 133(b)) may not be undertaken on roads functionally classified as local.” . (b) Conforming Amendments.— (1) Technical and conforming amendment.— The analysis for chapter 1 of title 23, United States Code, is amended by striking the item relating to section 165 and inserting the following: “165. Territorial and Puerto Rico highway program.”. (2) Territorial highway program.— (A) Repeal.— Section 215 of title 23, United States Code, is repealed. (B) Technical and conforming amendment.— The analysis for chapter 2 of title 23, United States Code, is amended by striking the item relating to section 215. (C) Duncan hunter national defense authorization act for fiscal year 2009.— Section 3512(e) of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (48 U.S.C. 1421r(e)) is amended by striking “section 215” and inserting “section 165”. SEC. 1115. NATIONAL FREIGHT POLICY. (a) In General.— Chapter 1 of title 23, United States Code, is amended by adding at the end the following: “§ 167. National freight policy “(a) In General.— It is the policy of the United States to improve the condition and performance of the national freight network to ensure that the national freight network provides the foundation for the United States to compete in the global economy and achieve each goal described in subsection (b). “(b) Goals.— The goals of the national freight policy are— “(1) to invest in infrastructure improvements and to implement operational improvements that— “(A) strengthen the contribution of the national freight network to the economic competitiveness of the United States; “(B) reduce congestion; and “(C) increase productivity, particularly for domestic industries and businesses that create high-value jobs; “(2) to improve the safety, security, and resilience of freight transportation; “(3) to improve the state of good repair of the national freight network; “(4) to use advanced technology to improve the safety and efficiency of the national freight network; “(5) to incorporate concepts of performance, innovation, competition, and accountability into the operation and maintenance of the national freight network; and “(6) to improve the economic efficiency of the national freight network. “(7) to reduce the environmental impacts of freight movement on the national freight network; “(c) Establishment of a National Freight Network.— “(1) In general.— The Secretary shall establish a national freight network in accordance with this section to assist States in strategically directing resources toward improved system performance for efficient movement of freight on highways, including national highway system, freight intermodal connectors and aerotropolis transportation systems. “(2) Network components.— The national freight network shall consist of— “(A) the primary freight network, as designated by the Secretary under subsection (d) (referred to in this section as the ‘primary freight network’) as most critical to the movement of freight; “(B) the portions of the Interstate System not designated as part of the primary freight network; and “(C) critical rural freight corridors established under subsection (e). “(d) Designation of Primary Freight Network.— “(1) Initial designation of primary freight network.— “(A) Designation.— Not later than 1 year after the date of enactment of this section, the Secretary shall designate a primary freight network— “(i) based on an inventory of national freight volume conducted by the Administrator of the Federal Highway Administration, in consultation with stakeholders, including system users, transport providers, and States; and “(ii) that shall be comprised of not more than 27,000 centerline miles of existing roadways that are most critical to the movement of freight. “(B) Factors for designation.— In designating the primary freight network, the Secretary shall consider— “(i) the origins and destinations of freight movement in the United States; “(ii) the total freight tonnage and value of freight moved by highways; “(iii) the percentage of annual average daily truck traffic in the annual average daily traffic on principal arterials; “(iv) the annual average daily truck traffic on principal arterials; “(v) land and maritime ports of entry; “(vi) access to energy exploration, development, installation, or production areas; “(vii) population centers; and “(viii) network connectivity. “(2) Additional miles on primary freight network.— In addition to the miles initially designated under paragraph (1), the Secretary may increase the number of miles designated as part of the primary freight network by not more than 3,000 additional centerline miles of roadways (which may include existing or planned roads) critical to future efficient movement of goods on the primary freight network. “(3) Redesignation of primary freight network.— Effective beginning 10 years after the designation of the primary freight network and every 10 years thereafter, using the designation factors described in paragraph (1), the Secretary shall redesignate the primary freight network (including additional mileage described in paragraph (2)). “(e) Critical Rural Freight Corridors.— A State may designate a road within the borders of the State as a critical rural freight corridor if the road— “(1) is a rural principal arterial roadway and has a minimum of 25 percent of the annual average daily traffic of the road measured in passenger vehicle equivalent units from trucks (FHWA vehicle class 8 to 13); “(2) provides access to energy exploration, development, installation, or production areas; “(3) connects the primary freight network, a roadway described in paragraph (1) or (2), or Interstate System to facilities that handle more than— “(A) 50,000 20-foot equivalent units per year; or “(B) 500,000 tons per year of bulk commodities. “(f) National Freight Strategic Plan.— “(1) Initial development of national freight strategic plan.— Deadline. Not later than 3 years after the date of enactment of this section, the Secretary shall, in consultation with State departments of transportation and other appropriate public and private transportation stakeholders, develop and post on the Department of Transportation public website a national freight strategic plan that shall include— “(A) an assessment of the condition and performance of the national freight network; “(B) an identification of highway bottlenecks on the national freight network that create significant freight congestion problems, based on a quantitative methodology developed by the Secretary, which shall, at a minimum, include— “(i) information from the Freight Analysis Network of the Federal Highway Administration; and “(ii) to the maximum extent practicable, an estimate of the cost of addressing each bottleneck and any operational improvements that could be implemented; “(C) forecasts of freight volumes for the 20-year period beginning in the year during which the plan is issued; “(D) an identification of major trade gateways and national freight corridors that connect major population centers, trade gateways, and other major freight generators for current and forecasted traffic and freight volumes, the identification of which shall be revised, as appropriate, in subsequent plans; “(E) an assessment of statutory, regulatory, technological, institutional, financial, and other barriers to improved freight transportation performance (including opportunities for overcoming the barriers); “(F) an identification of routes providing access to energy exploration, development, installation, or production areas; “(G) best practices for improving the performance of the national freight network; “(H) best practices to mitigate the impacts of freight movement on communities; “(I) a process for addressing multistate projects and encouraging jurisdictions to collaborate; and “(J) strategies to improve freight intermodal connectivity. “(2) Updates to national freight strategic plan.— Not later than 5 years after the date of completion of the first national freight strategic plan under paragraph (1), and every 5 years thereafter, the Secretary shall update and repost on the Department of Transportation public website a revised national freight strategic plan. “(g) Freight Transportation Conditions and Performance Reports.— Not later than 2 years after the date of enactment of this section, and biennially thereafter, the Secretary shall prepare a report that contains a description of the conditions and performance of the national freight network in the United States. “(h) Transportation Investment Data and Planning Tools.— “(1) In general.— Not later than 1 year after the date of enactment of this section, the Secretary shall— “(A) begin development of new tools and improvement of existing tools or improve existing tools to support an outcome-oriented, performance-based approach to evaluate proposed freight-related and other transportation projects, including— “(i) methodologies for systematic analysis of benefits and costs; “(ii) tools for ensuring that the evaluation of freight-related and other transportation projects could consider safety, economic competitiveness, environmental sustainability, and system condition in the project selection process; and “(iii) other elements to assist in effective transportation planning; “(B) identify transportation-related model data elements to support a broad range of evaluation methods and techniques to assist in making transportation investment decisions; and “(C) at a minimum, in consultation with other relevant Federal agencies, consider any improvements to existing freight flow data collection efforts that could reduce identified freight data gaps and deficiencies and help improve forecasts of freight transportation demand. “(2) Consultation.— The Secretary shall consult with Federal, State, and other stakeholders to develop, improve, and implement the tools and collect the data in paragraph (1). “(i) Definition of Aerotropolis Transportation System.— In this section, the term ‘aerotropolis transportation system’ means a planned and coordinated multimodal freight and passenger transportation network that, as determined by the Secretary, provides efficient, cost-effective, sustainable, and intermodal connectivity to a defined region of economic significance centered around a major airport.” . (b) Conforming Amendment.— The analysis for chapter 1 of title 23, United States Code, is amended by adding at the end the following: “167. National freight program.”. SEC. 1116. PRIORITIZATION OF PROJECTS TO IMPROVE FREIGHT MOVEMENT. (a) In General.— Notwithstanding section 120 of title 23, United States Code, the Secretary may increase the Federal share payable for any project to 95 percent for projects on the Interstate System and 90 percent for any other project if the Secretary certifies that the project meets the requirements of this section. (b) Increased Funding.— To be eligible for the increased Federal funding share under this section, a project shall— (1) demonstrate the improvement made by the project to the efficient movement of freight, including making progress towards meeting performance targets for freight movement established under section 150(d) of title 23, United States Code; and (2) be identified in a State freight plan developed pursuant to section 1118. (c) Eligible Projects.— Eligible projects to improve the movement of freight under this section may include, but are not limited to— (1) construction, reconstruction, rehabilitation, and operational improvements directly relating to improving freight movement; (2) intelligent transportation systems and other technology to improve the flow of freight; (3) efforts to reduce the environmental impacts of freight movement on the primary freight network; (4) railway-highway grade separation; (5) geometric improvements to interchanges and ramps. (6) truck-only lanes; (7) climbing and runaway truck lanes; (8) truck parking facilities eligible for funding under section 1401; (9) real-time traffic, truck parking, roadway condition, and multimodal transportation information systems; (10) improvements to freight intermodal connectors; and (11) improvements to truck bottlenecks. SEC. 1117. STATE FREIGHT ADVISORY COMMITTEES. (a) In General.— The Secretary shall encourage each State to establish a freight advisory committee consisting of a representative cross-section of public and private sector freight stakeholders, including representatives of ports, shippers, carriers, freight-related associations, the freight industry workforce, the transportation department of the State, and local governments. (b) Role of Committee.— A freight advisory committee of a State described in subsection (a) shall— (1) advise the State on freight-related priorities, issues, projects, and funding needs; (2) serve as a forum for discussion for State transportation decisions affecting freight mobility; (3) communicate and coordinate regional priorities with other organizations; (4) promote the sharing of information between the private and public sectors on freight issues; and (5) participate in the development of the freight plan of the State described in section 1118. SEC. 1118. STATE FREIGHT PLANS. (a) In General.— The Secretary shall encourage each State to develop a freight plan that provides a comprehensive plan for the immediate and long-range planning activities and investments of the State with respect to freight. (b) Plan Contents.— A freight plan described in subsection (a) shall include, at a minimum— (1) an identification of significant freight system trends, needs, and issues with respect to the State; (2) a description of the freight policies, strategies, and performance measures that will guide the freight-related transportation investment decisions of the State; (3) a description of how the plan will improve the ability of the State to meet the national freight goals established under section 167 of title 23, United States Code; (4) evidence of consideration of innovative technologies and operational strategies, including intelligent transportation systems, that improve the safety and efficiency of freight movement; (5) in the case of routes on which travel by heavy vehicles (including mining, agricultural, energy cargo or equipment, and timber vehicles) is projected to substantially deteriorate the condition of roadways, a description of improvements that may be required to reduce or impede the deterioration; and (6) an inventory of facilities with freight mobility issues, such as truck bottlenecks, within the State, and a description of the strategies the State is employing to address those freight mobility issues. (c) Relationship to Long-range Plan.— A freight plan described in subsection (a) may be developed separate from or incorporated into the statewide strategic long-range transportation plan required by section 135 of title 23, United States Code. SEC. 1119. FEDERAL LANDS AND TRIBAL TRANSPORTATION PROGRAMS. (a) In General.— Chapter 2 of title 23, United States Code, is amended by striking sections 201 through 204 and inserting the following: “§ 201. Federal lands and tribal transportation programs “(a) Purpose.— Recognizing the need for all public Federal and tribal transportation facilities to be treated under uniform policies similar to the policies that apply to Federal-aid highways and other public transportation facilities, the Secretary of Transportation, in collaboration with the Secretaries of the appropriate Federal land management agencies, shall coordinate a uniform policy for all public Federal and tribal transportation facilities that shall apply to Federal lands transportation facilities, tribal transportation facilities, and Federal lands access transportation facilities. “(b) Availability of Funds.— “(1) Availability.— Funds authorized for the tribal transportation program, the Federal lands transportation program, and the Federal lands access program shall be available for contract upon apportionment, or on October 1 of the fiscal year for which the funds were authorized if no apportionment is required. “(2) Amount remaining.— Any amount remaining unexpended for a period of 3 years after the close of the fiscal year for which the funds were authorized shall lapse. “(3) Obligations.— The Secretary of the department responsible for the administration of funds under this subsection may incur obligations, approve projects, and enter into contracts under such authorizations, which shall be considered to be contractual obligations of the United States for the payment of the cost thereof, the funds of which shall be considered to have been expended when obligated. “(4) Expenditure.— “(A) In general.— Any funds authorized for any fiscal year after the date of enactment of this section under the Federal lands transportation program, the Federal lands access program, and the tribal transportation program shall be considered to have been expended if a sum equal to the total of the sums authorized for the fiscal year and previous fiscal years have been obligated. “(B) Credited funds.— Any funds described in subparagraph (A) that are released by payment of final voucher or modification of project authorizations shall be— “(i) credited to the balance of unobligated authorizations; and “(ii) immediately available for expenditure. “(5) Applicability.— This section shall not apply to funds authorized before the date of enactment of this paragraph. “(6) Contractual obligation.— “(A) In general.— Notwithstanding any other provision of law (including regulations), the authorization by the Secretary, or the Secretary of the appropriate Federal land management agency if the agency is the contracting office, of engineering and related work for the development, design, and acquisition associated with a construction project, whether performed by contract or agreement authorized by law, or the approval by the Secretary of plans, specifications, and estimates for construction of a project, shall be considered to constitute a contractual obligation of the Federal Government to pay the total eligible cost of— “(i) any project funded under this title; and “(ii) any project funded pursuant to agreements authorized by this title or any other title. “(B) Effect.— Nothing in this paragraph— “(i) affects the application of the Federal share associated with the project being undertaken under this section; or “(ii) modifies the point of obligation associated with Federal salaries and expenses. “(7) Federal share.— “(A) Tribal and federal lands transportation program.— The Federal share of the cost of a project carried out under the Federal lands transportation program or the tribal transportation program shall be 100 percent. “(B) Federal lands access program.— The Federal share of the cost of a project carried out under the Federal lands access program shall be determined in accordance with section 120. “(c) Transportation Planning.— “(1) Transportation planning procedures.— In consultation with the Secretary of each appropriate Federal land management agency, the Secretary shall implement transportation planning procedures for Federal lands and tribal transportation facilities that are consistent with the planning processes required under sections 134 and 135. “(2) Approval of transportation improvement program.— The transportation improvement program developed as a part of the transportation planning process under this section shall be approved by the Secretary. “(3) Inclusion in other plans.— Each regionally significant tribal transportation program, Federal lands transportation program, and Federal lands access program project shall be— “(A) developed in cooperation with State and metropolitan planning organizations; and “(B) included in appropriate tribal transportation program plans, Federal lands transportation program plans, Federal lands access program plans, State and metropolitan plans, and transportation improvement programs. “(4) Inclusion in state programs.— The approved tribal transportation program, Federal lands transportation program, and Federal lands access program transportation improvement programs shall be included in appropriate State and metropolitan planning organization plans and programs without further action on the transportation improvement program. “(5) Asset management.— The Secretary and the Secretary of each appropriate Federal land management agency shall, to the extent appropriate, implement safety, bridge, pavement, and congestion management systems for facilities funded under the tribal transportation program and the Federal lands transportation program in support of asset management. “(6) Data collection.— “(A) Data collection.— The Secretaries of the appropriate Federal land management agencies shall collect and report data necessary to implement the Federal lands transportation program, the Federal lands access program, and the tribal transportation program in accordance with the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450 et seq.), including— “(i) inventory and condition information on Federal lands transportation facilities and tribal transportation facilities; and “(ii) bridge inspection and inventory information on any Federal bridge open to the public. “(B) Standards.— The Secretary, in coordination with the Secretaries of the appropriate Federal land management agencies, shall define the collection and reporting data standards. “(7) Administrative expenses.— To implement the activities described in this subsection, including direct support of transportation planning activities among Federal land management agencies, the Secretary may use not more than 5 percent for each fiscal year of the funds authorized for programs under sections 203 and 204. “(d) Reimbursable Agreements.— In carrying out work under reimbursable agreements with any State, local, or tribal government under this title, the Secretary— “(1) may, without regard to any other provision of law (including regulations), record obligations against accounts receivable from the entity; and “(2) shall credit amounts received from the entity to the appropriate account, which shall occur not later than 90 days after the date of the original request by the Secretary for payment. “(e) Transfers.— “(1) In general.— To enable the efficient use of funds made available for the Federal lands transportation program and the Federal lands access program, the funds may be transferred by the Secretary within and between each program with the concurrence of, as appropriate— “(A) the Secretary; “(B) the affected Secretaries of the respective Federal land management agencies; “(C) State departments of transportation; and “(D) local government agencies. “(2) Credit.— The funds described in paragraph (1) shall be credited back to the loaning entity with funds that are currently available for obligation at the time of the credit. “§ 202. Tribal transportation program “(a) Use of Funds.— “(1) In general.— Funds made available under the tribal transportation program shall be used by the Secretary of Transportation and the Secretary of the Interior to pay the costs of— “(A) (i) transportation planning, research, maintenance, engineering, rehabilitation, restoration, construction, and reconstruction of tribal transportation facilities; “(ii) adjacent vehicular parking areas; “(iii) interpretive signage; “(iv) acquisition of necessary scenic easements and scenic or historic sites; “(v) provisions for pedestrians and bicycles; “(vi) environmental mitigation in or adjacent to tribal land— “(I) to improve public safety and reduce vehicle-caused wildlife mortality while maintaining habitat connectivity; and “(II) to mitigate the damage to wildlife, aquatic organism passage, habitat, and ecosystem connectivity, including the costs of constructing, maintaining, replacing, or removing culverts and bridges, as appropriate; “(vii) construction and reconstruction of roadside rest areas, including sanitary and water facilities; and “(viii) other appropriate public road facilities as determined by the Secretary; “(B) operation and maintenance of transit programs and facilities that are located on, or provide access to, tribal land, or are administered by a tribal government; and “(C) any transportation project eligible for assistance under this title that is located within, or that provides access to, tribal land, or is associated with a tribal government. “(2) Contract.— In connection with an activity described in paragraph (1), the Secretary and the Secretary of the Interior may enter into a contract or other appropriate agreement with respect to the activity with— “(A) a State (including a political subdivision of a State); or “(B) an Indian tribe. “(3) Indian labor.— Indian labor may be employed, in accordance with such rules and regulations as may be promulgated by the Secretary of the Interior, to carry out any construction or other activity described in paragraph (1). “(4) Federal employment.— No maximum limitation on Federal employment shall be applicable to the construction or improvement of tribal transportation facilities. “(5) Funds for construction and improvement.— All funds made available for the construction and improvement of tribal transportation facilities shall be administered in conformity with regulations and agreements jointly approved by the Secretary and the Secretary of the Interior. “(6) Administrative expenses.— Of the funds authorized to be appropriated for the tribal transportation program, not more than 6 percent may be used by the Secretary or the Secretary of the Interior for program management and oversight and project-related administrative expenses. “(7) Tribal technical assistance centers.— The Secretary of the Interior may reserve amounts from administrative funds of the Bureau of Indian Affairs that are associated with the tribal transportation program to fund tribal technical assistance centers under section 504(b). “(8) Maintenance.— “(A) Use of funds.— Notwithstanding any other provision of this title, of the amount of funds allocated to an Indian tribe from the tribal transportation program, for the purpose of maintenance (excluding road sealing, which shall not be subject to any limitation), the Secretary shall not use an amount more than the greater of— “(i) an amount equal to 25 percent; or “(ii) $500,000. “(B) Responsibility of bureau of indian affairs and secretary of the interior.— “(i) Bureau of indian affairs.— The Bureau of Indian Affairs shall retain primary responsibility, including annual funding request responsibility, for Bureau of Indian Affairs road maintenance programs on Indian reservations. “(ii) Secretary of the interior.— The Secretary of the Interior shall ensure that funding made available under this subsection for maintenance of tribal transportation facilities for each fiscal year is supplementary to, and not in lieu of, any obligation of funds by the Bureau of Indian Affairs for road maintenance programs on Indian reservations. “(C) Tribal-state road maintenance agreements.— “(i) In general.— An Indian tribe and a State may enter into a road maintenance agreement under which an Indian tribe shall assume the responsibility of the State for— “(I) tribal transportation facilities; and “(II) roads providing access to tribal transportation facilities. “(ii) Requirements.— Agreements entered into under clause (i) shall— “(I) be negotiated between the State and the Indian tribe; and “(II) not require the approval of the Secretary. “(9) Cooperation.— “(A) In general.— The cooperation of States, counties, or other local subdivisions may be accepted in construction and improvement. “(B) Funds received.— Any funds received from a State, county, or local subdivision shall be credited to appropriations available for the tribal transportation program. “(10) Competitive bidding.— “(A) Construction.— “(i) In general.— Subject to clause (ii) and subparagraph (B), construction of each project shall be performed by contract awarded by competitive bidding. “(ii) Exception.— Clause (i) shall not apply if the Secretary or the Secretary of the Interior affirmatively finds that, under the circumstances relating to the project, a different method is in the public interest. “(B) Applicability.— Notwithstanding subparagraph (A), section 23 of the Act of June 25, 1910 (25 U.S.C. 47) and section 7(b) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450e(b)) shall apply to all funds administered by the Secretary of the Interior that are appropriated for the construction and improvement of tribal transportation facilities. “(b) Funds Distribution.— “(1) National tribal transportation facility inventory.— “(A) In general.— The Secretary of the Interior, in cooperation with the Secretary, shall maintain a comprehensive national inventory of tribal transportation facilities that are eligible for assistance under the tribal transportation program. “(B) Transportation facilities included in the inventory.— For purposes of identifying the tribal transportation system and determining the relative transportation needs among Indian tribes, the Secretary shall include, at a minimum, transportation facilities that are eligible for assistance under the tribal transportation program that an Indian tribe has requested, including facilities that— “(i) were included in the Bureau of Indian Affairs system inventory prior to October 1, 2004; “(ii) are owned by an Indian tribal government; “(iii) are owned by the Bureau of Indian Affairs; “(iv) were constructed or reconstructed with funds from the Highway Trust Fund under the Indian reservation roads program since 1983; “(v) are public roads or bridges within the exterior boundary of Indian reservations, Alaska Native villages, and other recognized Indian communities (including communities in former Indian reservations in the State of Oklahoma) in which the majority of residents are American Indians or Alaska Natives; “(vi) are public roads within or providing access to an Indian reservation or Indian trust land or restricted Indian land that is not subject to fee title alienation without the approval of the Federal Government, or Indian or Alaska Native villages, groups, or communities in which Indians and Alaska Natives reside, whom the Secretary of the Interior has determined are eligible for services generally available to Indians under Federal laws specifically applicable to Indians; or “(vii) are primary access routes proposed by tribal governments, including roads between villages, roads to landfills, roads to drinking water sources, roads to natural resources identified for economic development, and roads that provide access to intermodal terminals, such as airports, harbors, or boat landings. “(C) Limitation on primary access routes.— For purposes of this paragraph, a proposed primary access route is the shortest practicable route connecting 2 points of the proposed route. “(D) Additional facilities.— Nothing in this paragraph precludes the Secretary from including additional transportation facilities that are eligible for funding under the tribal transportation program in the inventory used for the national funding allocation if such additional facilities are included in the inventory in a uniform and consistent manner nationally. “(E) Bridges.— All bridges in the inventory shall be recorded in the national bridge inventory administered by the Secretary under section 144. “(2) Regulations.— Notwithstanding sections 563(a) and 565(a) of title 5, the Secretary of the Interior shall maintain any regulations governing the tribal transportation program. “(3) Basis for funding formula.— “(A) Basis.— “(i) In general.— After making the set asides authorized under subparagraph (C) and subsections (c), (d), and (e) on October 1 of each fiscal year, the Secretary shall distribute the remainder authorized to be appropriated for the tribal transportation program under this section among Indian tribes as follows: “(I) For fiscal year 2013— “(aa) for each Indian tribe, 80 percent of the total relative need distribution factor and population adjustment factor for the fiscal year 2011 funding amount made available to that Indian tribe; and “(bb) the remainder using tribal shares as described in subparagraphs (B) and (C). “(II) For fiscal year 2014— “(aa) for each Indian tribe, 60 percent of the total relative need distribution factor and population adjustment factor for the fiscal year 2011 funding amount made available to that Indian tribe; and “(bb) the remainder using tribal shares as described in subparagraphs (B) and (C). “(III) For fiscal year 2015— “(aa) for each Indian tribe, 40 percent of the total relative need distribution factor and population adjustment factor for the fiscal year 2011 funding amount made available to that Indian tribe; and “(bb) the remainder using tribal shares as described in subparagraphs (B) and (C). “(IV) For fiscal year 2016 and thereafter— “(aa) for each Indian tribe, 20 percent of the total relative need distribution factor and population adjustment factor for the fiscal year 2011 funding amount made available to that Indian tribe; and “(bb) the remainder using tribal shares as described in subparagraphs (B) and (C). “(ii) Tribal high priority projects.— The High Priority Projects program as included in the Tribal Transportation Allocation Methodology of part 170 of title 25, Code of Federal Regulations (as in effect on the date of enactment of the MAP–21), shall not continue in effect. “(B) Tribal shares.— Tribal shares under this program shall be determined using the national tribal transportation facility inventory as calculated for fiscal year 2012, and the most recent data on American Indian and Alaska Native population within each Indian tribe’s American Indian/Alaska Native Reservation or Statistical Area, as computed under the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4101 et seq.), in the following manner: “(i) 27 percent in the ratio that the total eligible road mileage in each tribe bears to the total eligible road mileage of all American Indians and Alaskan Natives. For the purposes of this calculation, eligible road mileage shall be computed based on the inventory described in paragraph (1), using only facilities included in the inventory described in clause (i), (ii), or (iii) of paragraph (1)(B). “(ii) 39 percent in the ratio that the total population in each tribe bears to the total population of all American Indians and Alaskan Natives. “(iii) 34 percent shall be divided equally among each Bureau of Indian Affairs region. Within each region, such share of funds shall be distributed to each Indian tribe in the ratio that the average total relative need distribution factors and population adjustment factors from fiscal years 2005 through 2011 for a tribe bears to the average total of relative need distribution factors and population adjustment factors for fiscal years 2005 through 2011 in that region. “(C) Tribal supplemental funding.— “(i) Tribal supplemental funding amount.— Of funds made available for each fiscal year for the tribal transportation program, the Secretary shall set aside the following amount for a tribal supplemental program: “(I) If the amount made available for the tribal transportation program is less than or equal to $275,000,000, 30 percent of such amount. “(II) If the amount made available for the tribal transportation program exceeds $275,000,000— “(aa) $82,500,000; plus “(bb) 12.5 percent of the amount made available for the tribal transportation program in excess of $275,000,000. “(ii) Tribal supplemental allocation.— The Secretary shall distribute tribal supplemental funds as follows: “(I) Distribution among regions.— Of the amounts set aside under clause (i), the Secretary shall distribute to each region of the Bureau of Indian Affairs a share of tribal supplemental funds in proportion to the regional total of tribal shares based on the cumulative tribal shares of all Indian tribes within such region under subparagraph (B). “(II) Distribution within a region.— Of the amount that a region receives under subclause (I), the Secretary shall distribute tribal supplemental funding among Indian tribes within such region as follows: “(aa) Tribal supplemental amounts.— The Secretary shall determine— Determination. “(AA) which such Indian tribes would be entitled under subparagraph (A) to receive in a fiscal year less funding than they would receive in fiscal year 2011 pursuant to the relative need distribution factor and population adjustment factor, as described in subpart C of part 170 of title 25, Code of Federal Regulations (as in effect on the date of enactment of the MAP–21); and “(BB) the combined amount that such Indian tribes would be entitled to receive in fiscal year 2011 pursuant to such relative need distribution factor and population adjustment factor in excess of the amount that they would be entitled to receive in the fiscal year under subparagraph (B). “(bb) Combined amount.— Subject to subclause (III), the Secretary shall distribute to each Indian tribe that meets the criteria described in item (aa)(AA) a share of funding under this subparagraph in proportion to the share of the combined amount determined under item (aa)(BB) attributable to such Indian tribe. “(III) Ceiling.— An Indian tribe may not receive under subclause (II) and based on its tribal share under subparagraph (A) a combined amount that exceeds the amount that such Indian tribe would be entitled to receive in fiscal year 2011 pursuant to the relative need distribution factor and population adjustment factor, as described in subpart C of part 170 of title 25, Code of Federal Regulations (as in effect on the date of enactment of the MAP–21). “(IV) Other amounts.— If the amount made available for a region under subclause (I) exceeds the amount distributed among Indian tribes within that region under subclause (II), the Secretary shall distribute the remainder of such region’s funding under such subclause among all Indian tribes in that region in proportion to the combined amount that each such Indian tribe received under subparagraph (A) and subclauses (I), (II), and (III).] “(4) Transferred funds.— “(A) In general.— Not later than 30 days after the date on which funds are made available to the Secretary of the Interior under this paragraph, the funds shall be distributed to, and made available for immediate use by, eligible Indian tribes, in accordance with the formula for distribution of funds under the tribal transportation program. “(B) Use of funds.— Notwithstanding any other provision of this section, funds made available to Indian tribes for tribal transportation facilities shall be expended on projects identified in a transportation improvement program approved by the Secretary. “(5) Health and safety assurances.— Notwithstanding any other provision of law, an Indian tribal government may approve plans, specifications, and estimates and commence road and bridge construction with funds made available from the tribal transportation program through a contract or agreement under Indian Self-Determination and Education Assistance Act (25 U.S.C. 450 et seq.), if the Indian tribal government— “(A) provides assurances in the contract or agreement that the construction will meet or exceed applicable health and safety standards; “(B) obtains the advance review of the plans and specifications from a State-licensed civil engineer that has certified that the plans and specifications meet or exceed the applicable health and safety standards; and “(C) provides a copy of the certification under subparagraph (A) to the Deputy Assistant Secretary for Tribal Government Affairs, Department of Transportation, or the Assistant Secretary for Indian Affairs, Department of the Interior, as appropriate. “(6) Contracts and agreements with indian tribes.— “(A) In general.— Notwithstanding any other provision of law or any interagency agreement, program guideline, manual, or policy directive, all funds made available through the Secretary of the Interior under this chapter and section 125(e) for tribal transportation facilities to pay for the costs of programs, services, functions, and activities, or portions of programs, services, functions, or activities, that are specifically or functionally related to the cost of planning, research, engineering, and construction of any tribal transportation facility shall be made available, upon request of the Indian tribal government, to the Indian tribal government for contracts and agreements for such planning, research, engineering, and construction in accordance with Indian Self-Determination and Education Assistance Act (25 U.S.C. 450 et seq.). “(B) Exclusion of agency participation.— All funds, including contract support costs, for programs, functions, services, or activities, or portions of programs, services, functions, or activities, including supportive administrative functions that are otherwise contractible to which subparagraph (A) applies, shall be paid in accordance with subparagraph (A), without regard to the organizational level at which the Department of the Interior has previously carried out such programs, functions, services, or activities. “(7) Contracts and agreements with indian tribes.— “(A) In general.— Notwithstanding any other provision of law or any interagency agreement, program guideline, manual, or policy directive, all funds made available to an Indian tribal government under this chapter for a tribal transportation facility program or project shall be made available, on the request of the Indian tribal government, to the Indian tribal government for use in carrying out, in accordance with the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450 et seq.), contracts and agreements for the planning, research, design, engineering, construction, and maintenance relating to the program or project. “(B) Exclusion of agency participation.— In accordance with subparagraph (A), all funds, including contract support costs, for a program or project to which subparagraph (A) applies shall be paid to the Indian tribal government without regard to the organizational level at which the Department of the Interior has previously carried out, or the Department of Transportation has previously carried out under the tribal transportation program, the programs, functions, services, or activities involved. “(C) Consortia.— Two or more Indian tribes that are otherwise eligible to participate in a program or project to which this chapter applies may form a consortium to be considered as a single Indian tribe for the purpose of participating in the project under this section. “(D) Secretary as signatory.— Notwithstanding any other provision of law, the Secretary is authorized to enter into a funding agreement with an Indian tribal government to carry out a tribal transportation facility program or project under subparagraph (A) that is located on an Indian reservation or provides access to the reservation or a community of the Indian tribe. “(E) Funding.— The amount an Indian tribal government receives for a program or project under subparagraph (A) shall equal the sum of the funding that the Indian tribal government would otherwise receive for the program or project in accordance with the funding formula established under this subsection and such additional amounts as the Secretary determines equal the amounts that would have been withheld for the costs of the Bureau of Indian Affairs for administration of the program or project. “(F) Eligibility.— “(i) In general.— Subject to clause (ii) and the approval of the Secretary, funds may be made available under subparagraph (A) to an Indian tribal government for a program or project in a fiscal year only if the Indian tribal government requesting such funds demonstrates to the satisfaction of the Secretary financial stability and financial management capability during the 3 fiscal years immediately preceding the fiscal year for which the request is being made. “(ii) Considerations.— An Indian tribal government that had no uncorrected significant and material audit exceptions in the required annual audit of the contracts or self-governance funding agreements made by the Indian tribe with any Federal agency under the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450 et seq.) during the 3-fiscal year period referred in clause (i) shall be conclusive evidence of the financial stability and financial management capability of the Indian tribe for purposes of clause (i). “(G) Assumption of functions and duties.— An Indian tribal government receiving funding under subparagraph (A) for a program or project shall assume all functions and duties that the Secretary of the Interior would have performed with respect to a program or project under this chapter, other than those functions and duties that inherently cannot be legally transferred under the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450 et seq.). “(H) Powers.— An Indian tribal government receiving funding under subparagraph (A) for a program or project shall have all powers that the Secretary of the Interior would have exercised in administering the funds transferred to the Indian tribal government for such program or project under this section if the funds had not been transferred, except to the extent that such powers are powers that inherently cannot be legally transferred under the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450 et seq.). “(I) Dispute resolution.— In the event of a disagreement between the Secretary or the Secretary of the Interior and an Indian tribe over whether a particular function, duty, or power may be lawfully transferred to the Indian tribe under the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450 et seq.), the Indian tribe shall have the right to pursue all alternative dispute resolution and appeal procedures authorized by that Act, including regulations issued to carry out the Act. “(J) Termination of contract or agreement.— On the date of the termination of a contract or agreement under this section by an Indian tribal government, the Secretary shall transfer all funds that would have been allocated to the Indian tribal government under the contract or agreement to the Secretary of the Interior to provide continued transportation services in accordance with applicable law. “(c) Planning.— “(1) In general.— For each fiscal year, not more than 2 percent of the funds made available for the tribal transportation program shall be allocated among Indian tribal governments that apply for transportation planning pursuant to the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450 et seq.). “(2) Requirement.— An Indian tribal government, in cooperation with the Secretary of the Interior and, as appropriate, with a State, local government, or metropolitan planning organization, shall carry out a transportation planning process in accordance with section 201(c). “(3) Selection and approval of projects.— A project funded under this section shall be— “(A) selected by the Indian tribal government from the transportation improvement program; and “(B) subject to the approval of the Secretary of the Interior and the Secretary. “(d) Tribal Transportation Facility Bridges.— “(1) Nationwide priority program.— The Secretary shall maintain a nationwide priority program for improving deficient bridges eligible for the tribal transportation program. “(2) Funding.— Before making any distribution under subsection (b), the Secretary shall set aside not more than 2 percent of the funds made available under the tribal transportation program for each fiscal year to be allocated— “(A) to carry out any planning, design, engineering, preconstruction, construction, and inspection of a project to replace, rehabilitate, seismically retrofit, paint, apply calcium magnesium acetate, sodium acetate/formate, or other environmentally acceptable, minimally corrosive anti-icing and deicing composition; or “(B) to implement any countermeasure for deficient tribal transportation facility bridges, including multiple-pipe culverts. “(3) Eligible bridges.— To be eligible to receive funding under this subsection, a bridge described in paragraph (1) shall— “(A) have an opening of not less than 20 feet; “(B) be classified as a tribal transportation facility; and “(C) be structurally deficient or functionally obsolete. “(4) Approval requirement.— The Secretary may make funds available under this subsection for preliminary engineering, construction, and construction engineering activities after approval of required documentation and verification of eligibility in accordance with this title. “(e) Safety.— “(1) Funding.— Before making any distribution under subsection (b), the Secretary shall set aside not more than 2 percent of the funds made available under the tribal transportation program for each fiscal year to be allocated based on an identification and analysis of highway safety issues and opportunities on tribal land, as determined by the Secretary, on application of the Indian tribal governments for eligible projects described in section 148(a)(4). “(2) Project selection.— An Indian tribal government, in cooperation with the Secretary of the Interior and, as appropriate, with a State, local government, or metropolitan planning organization, shall select projects from the transportation improvement program, subject to the approval of the Secretary and the Secretary of the Interior. “(f) Federal-aid Eligible Projects.— Before approving as a project on a tribal transportation facility any project eligible for funds apportioned under section 104 in a State, the Secretary shall, for projects on tribal transportation facilities, determine that the obligation of funds for the project is supplementary to and not in lieu of the obligation of a fair and equitable share of funds apportioned to the State under section 104. “§ 203. Federal lands transportation program “(a) Use of Funds.— “(1) In general.— Funds made available under the Federal lands transportation program shall be used by the Secretary of Transportation and the Secretary of the appropriate Federal land management agency to pay the costs of— “(A) program administration, transportation planning, research, preventive maintenance, engineering, rehabilitation, restoration, construction, and reconstruction of Federal lands transportation facilities, and— “(i) adjacent vehicular parking areas; “(ii) acquisition of necessary scenic easements and scenic or historic sites; “(iii) provision for pedestrians and bicycles; “(iv) environmental mitigation in or adjacent to Federal land open to the public— “(I) to improve public safety and reduce vehicle-caused wildlife mortality while maintaining habitat connectivity; and “(II) to mitigate the damage to wildlife, aquatic organism passage, habitat, and ecosystem connectivity, including the costs of constructing, maintaining, replacing, or removing culverts and bridges, as appropriate; “(v) construction and reconstruction of roadside rest areas, including sanitary and water facilities; “(vi) congestion mitigation; and “(vii) other appropriate public road facilities, as determined by the Secretary; “(B) operation and maintenance of transit facilities; “(C) any transportation project eligible for assistance under this title that is on a public road within or adjacent to, or that provides access to, Federal lands open to the public; and “(D) not more $10,000,000 of the amounts made available per fiscal year to carry out this section for activities eligible under subparagraph (A)(iv). “(2) Contract.— In connection with an activity described in paragraph (1), the Secretary and the Secretary of the appropriate Federal land management agency may enter into a contract or other appropriate agreement with respect to the activity with— “(A) a State (including a political subdivision of a State); or “(B) an Indian tribe. “(3) Administration.— All appropriations for the construction and improvement of Federal lands transportation facilities shall be administered in conformity with regulations and agreements jointly approved by the Secretary and the Secretary of the appropriate Federal land managing agency. “(4) Cooperation.— “(A) In general.— The cooperation of States, counties, or other local subdivisions may be accepted in construction and improvement. “(B) Funds received.— Any funds received from a State, county, or local subdivision shall be credited to appropriations available for the class of Federal lands transportation facilities to which the funds were contributed. “(5) Competitive bidding.— “(A) In general.— Subject to subparagraph (B), construction of each project shall be performed by contract awarded by competitive bidding. “(B) Exception.— Subparagraph (A) shall not apply if the Secretary or the Secretary of the appropriate Federal land management agency affirmatively finds that, under the circumstances relating to the project, a different method is in the public interest. “(b) Agency Program Distributions.— “(1) In general.— On October 1, 2011, and on October 1 of each fiscal year thereafter, the Secretary shall allocate the sums authorized to be appropriated for the fiscal year for the Federal lands transportation program on the basis of applications of need, as determined by the Secretary— “(A) in consultation with the Secretaries of the applicable Federal land management agencies; and “(B) in coordination with the transportation plans required under section 201 of the respective transportation systems of— “(i) the National Park Service; “(ii) the Forest Service; “(iii) the United States Fish and Wildlife Service; “(iv) the Corps of Engineers; and “(v) the Bureau of Land Management. “(2) Applications.— “(A) Requirements.— Each application submitted by a Federal land management agency shall include proposed programs at various potential funding levels, as defined by the Secretary following collaborative discussions with applicable Federal land management agencies. “(B) Consideration by secretary.— In evaluating an application submitted under subparagraph (A), the Secretary shall consider the extent to which the programs support— “(i) the transportation goals of— “(I) a state of good repair of transportation facilities; “(II) a reduction of bridge deficiencies, and “(III) an improvement of safety; “(ii) high-use Federal recreational sites or Federal economic generators; and “(iii) the resource and asset management goals of the Secretary of the respective Federal land management agency. “(C) Permissive contents.— Applications may include proposed programs the duration of which extend over a multiple-year period to support long-term transportation planning and resource management initiatives. “(c) National Federal Lands Transportation Facility Inventory.— “(1) In general.— The Secretaries of the appropriate Federal land management agencies, in cooperation with the Secretary, shall maintain a comprehensive national inventory of public Federal lands transportation facilities. “(2) Transportation facilities included in the inventories.— To identify the Federal lands transportation system and determine the relative transportation needs among Federal land management agencies, the inventories shall include, at a minimum, facilities that— “(A) provide access to high-use Federal recreation sites or Federal economic generators, as determined by the Secretary in coordination with the respective Secretaries of the appropriate Federal land management agencies; and “(B) are owned by 1 of the following agencies: “(i) The National Park Service. “(ii) The Forest Service. “(iii) The United States Fish and Wildlife Service. “(iv) The Bureau of Land Management. “(v) The Corps of Engineers. “(3) Availability.— The inventories shall be made available to the Secretary. “(4) Updates.— The Secretaries of the appropriate Federal land management agencies shall update the inventories of the appropriate Federal land management agencies, as determined by the Secretary after collaborative discussions with the Secretaries of the appropriate Federal land management agencies. “(5) Review.— A decision to add or remove a facility from the inventory shall not be considered a Federal action for purposes of review under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). “(d) Bicycle Safety.— The Secretary of the appropriate Federal land management agency shall prohibit the use of bicycles on each federally owned road that has a speed limit of 30 miles per hour or greater and an adjacent paved path for use by bicycles within 100 yards of the road unless the Secretary determines that the bicycle level of service on that roadway is rated B or higher. “§ 204. Federal lands access program “(a) Use of Funds.— “(1) In general.— Funds made available under the Federal lands access program shall be used by the Secretary of Transportation and the Secretary of the appropriate Federal land management agency to pay the cost of— “(A) transportation planning, research, engineering, preventive maintenance, rehabilitation, restoration, construction, and reconstruction of Federal lands access transportation facilities located on or adjacent to, or that provide access to, Federal land, and— “(i) adjacent vehicular parking areas; “(ii) acquisition of necessary scenic easements and scenic or historic sites; “(iii) provisions for pedestrians and bicycles; “(iv) environmental mitigation in or adjacent to Federal land to improve public safety and reduce vehicle-caused wildlife mortality while maintaining habitat connectivity; “(v) construction and reconstruction of roadside rest areas, including sanitary and water facilities; and “(vi) other appropriate public road facilities, as determined by the Secretary; “(B) operation and maintenance of transit facilities; and “(C) any transportation project eligible for assistance under this title that is within or adjacent to, or that provides access to, Federal land. “(2) Contract.— In connection with an activity described in paragraph (1), the Secretary and the Secretary of the appropriate Federal land management agency may enter into a contract or other appropriate agreement with respect to the activity with— “(A) a State (including a political subdivision of a State); or “(B) an Indian tribe. “(3) Administration.— All appropriations for the construction and improvement of Federal lands access transportation facilities shall be administered in conformity with regulations and agreements approved by the Secretary. “(4) Cooperation.— “(A) In general.— The cooperation of States, counties, or other local subdivisions may be accepted in construction and improvement. “(B) Funds received.— Any funds received from a State, county, or local subdivision for a Federal lands access transportation facility project shall be credited to appropriations available under the Federal lands access program. “(5) Competitive bidding.— “(A) In general.— Subject to subparagraph (B), construction of each project shall be performed by contract awarded by competitive bidding. “(B) Exception.— Subparagraph (A) shall not apply if the Secretary or the Secretary of the appropriate Federal land management agency affirmatively finds that, under the circumstances relating to the project, a different method is in the public interest. “(b) Program Distributions.— “(1) In general.— Funding made available to carry out the Federal lands access program shall be allocated among those States that have Federal land, in accordance with the following formula: “(A) 80 percent of the available funding for use in those States that contain at least 1 ½ percent of the total public land in the United States managed by the agencies described in paragraph (2), to be distributed as follows: “(i) 30 percent in the ratio that— “(I) recreational visitation within each such State; bears to “(II) the recreational visitation within all such States. “(ii) 5 percent in the ratio that— “(I) the Federal land area within each such State; bears to “(II) the Federal land area in all such States. “(iii) 55 percent in the ratio that— “(I) the Federal public road miles within each such State; bears to “(II) the Federal public road miles in all such States. “(iv) 10 percent in the ratio that— “(I) the number of Federal public bridges within each such State; bears to “(II) the number of Federal public bridges in all such States. “(B) 20 percent of the available funding for use in those States that do not contain at least 1 ½ percent of the total public land in the United States managed by the agencies described in paragraph (2), to be distributed as follows: “(i) 30 percent in the ratio that— “(I) recreational visitation within each such State; bears to “(II) the recreational visitation within all such States. “(ii) 5 percent in the ratio that— “(I) the Federal land area within each such State; bears to “(II) the Federal land area in all such States. “(iii) 55 percent in the ratio that— “(I) the Federal public road miles within each such State; bears to “(II) the Federal public road miles in all such States. “(iv) 10 percent in the ratio that— “(I) the number of Federal public bridges within each such State; bears to “(II) the number of Federal public bridges in all such States. “(2) Data source.— Data necessary to distribute funding under paragraph (1) shall be provided by the following Federal land management agencies: “(A) The National Park Service. “(B) The Forest Service. “(C) The United States Fish and Wildlife Service. “(D) The Bureau of Land Management. “(E) The Corps of Engineers. “(c) Programming Decisions Committee.— “(1) In general.— Programming decisions shall be made within each State by a committee comprised of— “(A) a representative of the Federal Highway Administration; “(B) a representative of the State Department of Transportation; and “(C) a representative of any appropriate political subdivision of the State. “(2) Consultation requirement.— The committee described in paragraph (1) shall cooperate with each applicable Federal agency in each State before any joint discussion or final programming decision. “(3) Project preference.— In making a programming decision under paragraph (1), the committee shall give preference to projects that provide access to, are adjacent to, or are located within high-use Federal recreation sites or Federal economic generators, as identified by the Secretaries of the appropriate Federal land management agencies.” . (b) Public Lands Development Roads and Trails.— Section 214 of title 23, United States Code, is repealed. (c) Conforming Amendments.— (1) Chapter 2 analysis.— The analysis for chapter 2 of title 23, United States Code, is amended— (A) by striking the items relating to sections 201 through 204 and inserting the following: “201. Federal lands and tribal transportation programs. “202. Tribal transportation program. “203. Federal lands transportation program. “204. Federal lands access program.”; and (B) by striking the item relating to section 214. (2) Definition.— Section 138(a) of title 23, United States Code, is amended in the third sentence by striking “park road or parkway under section 204 of this title” and inserting “Federal lands transportation facility”. (3) Rules, regulations, and recommendations.— Section 315 of title 23, United States Code, is amended by striking “204(f)” and inserting “202(a)(5), 203(a)(3),”. SEC. 1120. PROJECTS OF NATIONAL AND REGIONAL SIGNIFICANCE.   Section 1301 of the SAFETEA–LU (23 U.S.C. 101 note; 119 Stat. 1198) is amended— (1) in subsection (b), by striking “States” and inserting “eligible applicants”; (2) in subsection (c), by striking paragraph (3) and inserting the following: “(3) Eligible applicant.— The term ‘eligible applicant’ means— “(A) a State department of transportation or a group of State departments of transportation; “(B) a tribal government or consortium of tribal governments; “(C) a transit agency; or “(D) a multi-State or multi-jurisdictional group of the agencies described in subparagraphs (A) through (C).” ; (3) in subsection (d)(2), by striking “75” and inserting “50”; (4) in subsection (e), by striking “State” and inserting “eligible applicant”; (5) in subsection (f)(3) by striking subparagraph (B) and inserting the following: “(B) improves roadways vital to national energy security; and” ; (6) in subsection (g)(1) by adding at the end the following: “(E) Congressional approval.— The Secretary may not issue a letter of intent, enter into a full funding grant agreement under paragraph (2), or make any other obligation or commitment to fund a project under this section if a joint resolution of disapproval is enacted disapproving funding for the project before the last day of the 60-day period described in subparagraph (B).” ; (7) in subsection (k), by adding at the end the following: “(3) Project selection justifications.— “(A) In general.— Not later than 30 days after the date on which the Secretary selects a project for funding under this section, the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a report that describes the reasons for selecting the project, based on the criteria described in subsection (f). “(B) Inclusions.— The report submitted under subparagraph (A) shall specify each criteria described in subsection (f) that the project meets. “(C) Availability.— The Secretary shall make available on the website of the Department the report submitted under subparagraph (A).” ; and (8) by striking subsections (l) and (m) and inserting the following: “(l) Report.— “(1) In general.— Not later than 2 years after the date of enactment of the MAP–21, the Secretary shall submit a report to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate regarding projects of national and regional significance. “(2) Purpose.— The purpose of the report issued under this subsection shall be to identify projects of national and regional significance that— “(A) will significantly improve the performance of the Federal-aid highway system, nationally or regionally; “(B) is able to— “(i) generate national economic benefits that reasonably exceed the costs of the projects, including increased access to jobs, labor, and other critical economic inputs; “(ii) reduce long-term congestion, including impacts in the State, region, and the United States, and increase speed, reliability, and accessibility of the movement of people or freight; and “(iii) improve transportation safety, including reducing transportation accidents, and serious injuries and fatalities; and “(C) can be supported by an acceptable degree of non-Federal financial commitments. “(3) Contents.— The report issued under this subsection shall include— “(A) a comprehensive list of each project of national and regional significance that— “(i) has been complied through a survey of State departments of transportation; and “(ii) has been classified by the Secretary as a project of regional or national significance in accordance with this section; “(B) an analysis of the information collected under paragraph (1), including a discussion of the factors supporting each classification of a project as a project of regional or national significance; and “(C) recommendations on financing for eligible project costs. “(m) Authorization of Appropriations.— There is authorized to be appropriated to carry out this section $500,000,000 for fiscal year 2013, to remain available until expended.” . SEC. 1121. CONSTRUCTION OF FERRY BOATS AND FERRY TERMINAL FACILITIES. (a) Construction of Ferry Boats and Ferry Terminal Facilities.— Section 147 of title 23, United States Code, is amended— (1) by striking subsections (c) and (d); (2) by redesignating subsections (e) and (f) as subsections (f) and (g), respectively; and (3) by inserting after subsection (b) the following: “(c) Distribution of Funds.— Of the amounts made available to ferry systems and public entities responsible for developing ferries under this section for a fiscal year, 100 percent shall be allocated in accordance with the formula set forth in subsection (d). “(d) Formula.— Of the amounts allocated pursuant to subsection (c)— “(1) 20 percent shall be allocated among eligible entities in the proportion that— “(A) the number of ferry passengers carried by each ferry system in the most recent fiscal year; bears to “(B) the number of ferry passengers carried by all ferry systems in the most recent fiscal year; “(2) 45 percent shall be allocated among eligible entities in the proportion that— “(A) the number of vehicles carried by each ferry system in the most recent fiscal year; bears to “(B) the number of vehicles carried by all ferry systems in the most recent fiscal year; and “(3) 35 percent shall be allocated among eligible entities in the proportion that— “(A) the total route miles serviced by each ferry system; bears to “(B) the total route miles serviced by all ferry systems. “(e) Authorization of Appropriations.— There is authorized to be appropriated out of the Highway Trust Fund (other than the Mass Transit Account) to carry out this section $67,000,000 for each of fiscal years 2013 and 2014.” . (b) National Ferry Database.— Section 1801(e) of the SAFETEA–LU (23 U.S.C. 129 note; Public Law 109–59) is amended— (1) in paragraph (2), by inserting “, including any Federal, State, and local government funding sources,” after “sources”; and (2) in paragraph (4)— (A) in subparagraph (B), by striking “and” at the end; (B) by redesignating subparagraph (C) as subparagraph (D); (C) by inserting after subparagraph (B), the following: “(C) ensure that the database is consistent with the national transit database maintained by the Federal Transit Administration; and” ; and (D) in subparagraph (D) (as redesignated by subparagraph (B)), by striking “2009” and inserting “2014”. SEC. 1122. TRANSPORTATION ALTERNATIVES. (a) In General.— Section 213 of title 23, United States Code, is amended to read as follows: “§ 213. Transportation alternatives “(a) Reservation of Funds.— “(1) In general.— On October 1 of each of fiscal years 2013 and 2014, the Secretary shall proportionally reserve from the funds apportioned to a State under section 104(b) to carry out the requirements of this section an amount equal to the amount obtained by multiplying the amount determined under paragraph (2) by the ratio that— “(A) the amount apportioned to the State for the transportation enhancements program for fiscal year 2009 under section 133(d)(2), as in effect on the day before the date of enactment of the MAP-21; bears to “(B) the total amount of funds apportioned to all States for that fiscal year for the transportation enhancements program for fiscal year 2009. “(2) Calculation of national amount.— The Secretary shall determine an amount for each fiscal year that is equal to 2 percent of the amounts authorized to be appropriated for such fiscal year from the Highway Trust Fund (other than the Mass Transit Account) to carry out chapters 1, 2, 5, and 6 of this title. “(b) Eligible Projects.— A State may obligate the funds reserved under this section for any of the following projects or activities: “(1) Transportation alternatives, as defined in section 101. “(2) The recreational trails program under section 206. “(3) The safe routes to school program under section 1404 of the SAFETEA–LU (23 U.S.C. 402 note; Public Law 109–59). “(4) Planning, designing, or constructing boulevards and other roadways largely in the right-of-way of former Interstate System routes or other divided highways. “(c) Allocations of Funds.— “(1) Calculation.— Of the funds reserved in a State under this section— “(A) 50 percent for a fiscal year shall be obligated under this section to any eligible entity in proportion to their relative shares of the population of the State— “(i) in urbanized areas of the State with an urbanized area population of over 200,000; “(ii) in areas of the State other than urban areas with a population greater than 5,000; and “(iii) in other areas of the State; and “(B) 50 percent shall be obligated in any area of the State. “(2) Metropolitan areas.— Funds attributed to an urbanized area under paragraph (1)(A)(i) may be obligated in the metropolitan area established under section 134 that encompasses the urbanized area. “(3) Distribution among urbanized areas of over 200,000 population.— “(A) In general.— Except as provided in paragraph (1)(B), the amount of funds that a State is required to obligate under paragraph (1)(A)(i) shall be obligated in urbanized areas described in paragraph (1)(A)(i) based on the relative population of the areas. “(B) Other factors.— A State may obligate the funds described in subparagraph (A) based on other factors if the State and the relevant metropolitan planning organizations jointly apply to the Secretary for the permission to base the obligation on other factors and the Secretary grants the request. “(4) Access to funds.— “(A) In general.— Each State or metropolitan planning organization required to obligate funds in accordance with paragraph (1) shall develop a competitive process to allow eligible entities to submit projects for funding that achieve the objectives of this subsection. “(B) Definition of eligible entity.— In this paragraph, the term ‘eligible entity’ means— “(i) a local government; “(ii) a regional transportation authority; “(iii) a transit agency; “(iv) a natural resource or public land agency; “(v) a school district, local education agency, or school; “(vi) a tribal government; and “(vii) any other local or regional governmental entity with responsibility for or oversight of transportation or recreational trails (other than a metropolitan planning organization or a State agency) that the State determines to be eligible, consistent with the goals of this subsection. “(5) Selection of projects.— For funds reserved in a State under this section and suballocated to a metropolitan planning area under paragraph (1)(A)(i), each such metropolitan planning organization shall select projects carried out within the boundaries of the applicable metropolitan planning area, in consultation with the relevant State. “(d) Flexibility of Excess Reserved Funding.— Beginning in the second fiscal year after the date of enactment of the MAP-21, if on August 1 of that fiscal year the unobligated balance of available funds reserved by a State under this section exceeds 100 percent of such reserved amount in such fiscal year, the State may thereafter obligate the amount of excess funds for any activity— “(1) that is eligible to receive funding under this section; or “(2) for which the Secretary has approved the obligation of funds for any State under section 149. “(e) Treatment of Projects.— Notwithstanding any other provision of law, projects funded under this section (excluding those carried out under subsection (f)) shall be treated as projects on a Federal-aid highway under this chapter. “(f) Continuation of Certain Recreational Trails Projects.— Each State shall— “(1) obligate an amount of funds reserved under this section equal to the amount of the funds apportioned to the State for fiscal year 2009 under section 104(h)(2) for projects relating to recreational trails under section 206; “(2) return 1 percent of those funds to the Secretary for the administration of that program; and “(3) comply with the provisions of the administration of the recreational trails program under section 206, including the use of apportioned funds described under subsection (d)(3)(A) of that section. “(g) State Flexibility.— A State may opt out of the recreational trails program under subsection (f) if the Governor of the State notifies the Secretary not later than 30 days prior to apportionments being made for any fiscal year.” . (b) Conforming Amendment.— The analysis for chapter 2 of title 23, United States Code, is amended by striking the item relating to section 213 and inserting the following: “213. Transportation alternatives”. SEC. 1123. TRIBAL HIGH PRIORITY PROJECTS PROGRAM. (a) Definitions.— In this section: (1) Emergency or disaster.— The term “emergency or disaster” means damage to a tribal transportation facility that— (A) renders the tribal transportation facility impassable or unusable; (B) is caused by— (i) a natural disaster over a widespread area; or (ii) a catastrophic failure from an external cause; and (C) would be eligible under the emergency relief program under section 125 of title 23, United States Code, but does not meet the funding thresholds required by that section. (2) List.— The term “list” means the funding priority list developed under subsection (c)(5). (3) Program.— The term “program” means the Tribal High Priority Projects program established under subsection (b)(1). (4) Project.— The term “project” means a project provided funds under the program. (b) Program.— (1) In general.— The Secretary shall use amounts made available under subsection (h) to carry out a Tribal High Priority Projects program under which funds shall be provided to eligible applicants in accordance with this section. (2) Eligible applicants.— Applicants eligible for program funds under this section include— (A) an Indian tribe whose annual allocation of funding under section 202 of title 23, United States Code, is insufficient to complete the highest priority project of the Indian tribe; (B) a governmental subdivision of an Indian tribe— (i) that is authorized to administer the funding of the Indian tribe under section 202 of title 23, United States Code; and (ii) for which the annual allocation under that section is insufficient to complete the highest priority project of the Indian tribe; or (C) any Indian tribe that has an emergency or disaster with respect to a transportation facility included on the national inventory of tribal transportation facilities under section 202(b)(1) of title 23, United States Code. (c) Project Applications; Funding.— (1) In general.— To apply for funds under this section, an eligible applicant shall submit to the Department of the Interior or the Department an application that includes— (A) project scope of work, including deliverables, budget, and timeline; (B) the amount of funds requested; (C) project information addressing— (i) the ranking criteria identified in paragraph (3); or (ii) the nature of the emergency or disaster; (D) documentation that the project meets the definition of a tribal transportation facility and is included in the national inventory of tribal transportation facilities under section 202(b)(1) of title 23, United States Code; (E) documentation of official tribal action requesting the project; (F) documentation from the Indian tribe providing authority for the Secretary of the Interior to place the project on a transportation improvement program if the project is selected and approved; and (G) any other information the Secretary of the Interior or Secretary considers appropriate to make a determination. (2) Limitation on applications.— An applicant for funds under the program may only have 1 application for assistance under this section pending at any 1 time, including any emergency or disaster application. (3) Application ranking.— (A) In general.— The Secretary of the Interior and the Secretary shall determine the eligibility of, and fund, program applications, subject to the availability of funds. (B) Ranking criteria.— The project ranking criteria for applications under this section shall include— (i) the existence of safety hazards with documented fatality and injury accidents; (ii) the number of years since the Indian tribe last completed a construction project funded by section 202 of title 23, United States Code; (iii) the readiness of the Indian tribe to proceed to construction or bridge design need; (iv) the percentage of project costs matched by funds that are not provided under section 202 of title 23, United States Code, with projects with a greater percentage of other sources of matching funds ranked ahead of lesser matches); (v) the amount of funds requested, with requests for lesser amounts given greater priority; (vi) the challenges caused by geographic isolation; and (vii) all weather access for employment, commerce, health, safety, educational resources, or housing. (4) Project scoring matrix.— The project scoring matrix established in the appendix to part 170 of title 25, Code of Regulations (as in effect on the date of enactment of this Act) shall be used to rank all applications accepted under this section. (5) Funding priority list.— (A) In general.— The Secretary of the Interior and the Secretary shall jointly produce a funding priority list that ranks the projects approved for funding under the program. (B) Limitation.— The number of projects on the list shall be limited by the amount of funding made available. (6) Timeline.— Notification. The Secretary of the Interior and the Secretary shall— (A) require applications for funding no sooner than 60 days after funding is made available pursuant to subsection (a); (B) notify all applicants and Regions in writing of acceptance of applications; (C) rank all accepted applications in accordance with the project scoring matrix, develop the funding priority list, and return unaccepted applications to the applicant with an explanation of deficiencies; (D) notify all accepted applicants of the projects included on the funding priority list no later than 180 days after the application deadline has passed pursuant to subparagraph (A); and (E) distribute funds to successful applicants. (d) Emergency or Disaster Project Applications.— (1) In general.— Notwithstanding subsection (c)(6), an eligible applicant may submit an emergency or disaster project application at any time during the fiscal year. (2) Consideration as priority.— The Secretary shall— (A) consider project applications submitted under paragraph (1) to be a priority; and (B) fund the project applications in accordance with paragraph (3). (3) Funding.— (A) In general.— If an eligible applicant submits an application for a project under this subsection before the issuance of the list under subsection (c)(5) and the project is determined to be eligible for program funds, the Secretary of the Interior shall provide funding for the project before providing funding for other approved projects on the list. (B) Submission after issuance of list.— If an eligible applicant submits an application under this subsection after the issuance of the list under subsection (c)(5) and the distribution of program funds in accordance with the list, the Secretary of the Interior shall provide funding for the project on the date on which unobligated funds provided to projects on the list are returned to the Department of the Interior. (C) Effect on other projects.— If the Secretary of the Interior uses funding previously designated for a project on the list to fund an emergency or disaster project under this subsection, the project on the list that did not receive funding as a result of the redesignation of funds shall move to the top of the list the following year. (4) Emergency or disaster project cost.— The cost of a project submitted as an emergency or disaster under this subsection shall be at least 10 percent of the distribution of funds of the Indian tribe under section 202(b) of title 23, United States Code. (e) Limitation on Use of Funds.— Program funds shall not be used for— (1) transportation planning; (2) research; (3) routine maintenance activities; (4) structures and erosion protection unrelated to transportation and roadways; (5) general reservation planning not involving transportation; (6) landscaping and irrigation systems not involving transportation programs and projects; (7) work performed on projects that are not included on a transportation improvement program approved by the Federal Highway Administration, unless otherwise authorized by the Secretary of the Interior and the Secretary; (8) the purchase of equipment unless otherwise authorized by Federal law; or (9) the condemnation of land for recreational trails. (f) Limitation on Project Amounts.— Project funding shall be limited to a maximum of $1,000,000 per application, except that funding for disaster or emergency projects shall also be limited to the estimated cost of repairing damage to the tribal transportation facility. (g) Cost Estimate Certification.— All cost estimates prepared for a project shall be required to be submitted by the applicant to the Secretary of the Interior and the Secretary for certification and approval. (h) Authorization of Appropriations.— (1) In general.— There is authorized to be appropriated $30,000,000 out of the general fund of the Treasury to carry out the program for each of fiscal years 2013 and 2014. (2) Administration.— The funds made available under paragraph (1) shall be administered in the same manner as funds made available for the tribal transportation program under section 202 of title 23, United States Code, except that— (A) the funds made available for the program shall remain available until September 30 of the third fiscal year after the year appropriated; and (B) the Federal share of the cost of a project shall be 100 percent. Subtitle B— Performance Management SEC. 1201. METROPOLITAN TRANSPORTATION PLANNING. (a) In General.— Section 134 of title 23, United States Code, is amended to read as follows: “§ 134. Metropolitan transportation planning “(a) Policy.— It is in the national interest— “(1) to encourage and promote the safe and efficient management, operation, and development of surface transportation systems that will serve the mobility needs of people and freight and foster economic growth and development within and between States and urbanized areas, while minimizing transportation-related fuel consumption and air pollution through metropolitan and statewide transportation planning processes identified in this chapter; and “(2) to encourage the continued improvement and evolution of the metropolitan and statewide transportation planning processes by metropolitan planning organizations, State departments of transportation, and public transit operators as guided by the planning factors identified in subsection (h) and section 135(d). “(b) Definitions.— In this section and section 135, the following definitions apply: “(1) Metropolitan planning area.— The term ‘metropolitan planning area’ means the geographic area determined by agreement between the metropolitan planning organization for the area and the Governor under subsection (e). “(2) Metropolitan planning organization.— The term ‘metropolitan planning organization’ means the policy board of an organization established as a result of the designation process under subsection (d). “(3) Nonmetropolitan area.— The term ‘nonmetropolitan area’ means a geographic area outside designated metropolitan planning areas. “(4) Nonmetropolitan local official.— The term ‘nonmetropolitan local official’ means elected and appointed officials of general purpose local government in a nonmetropolitan area with responsibility for transportation. “(5) Regional transportation planning organization.— The term ‘regional transportation planning organization’ means a policy board of an organization established as the result of a designation under section 135(m). “(6) TIP.— The term ‘TIP’ means a transportation improvement program developed by a metropolitan planning organization under subsection (j). “(7) Urbanized area.— The term ‘urbanized area’ means a geographic area with a population of 50,000 or more, as determined by the Bureau of the Census. “(c) General Requirements.— “(1) Development of long-range plans and tips.— To accomplish the objectives in subsection (a), metropolitan planning organizations designated under subsection (d), in cooperation with the State and public transportation operators, shall develop long-range transportation plans and transportation improvement programs through a performance-driven, outcome-based approach to planning for metropolitan areas of the State. “(2) Contents.— The plans and TIPs for each metropolitan area shall provide for the development and integrated management and operation of transportation systems and facilities (including accessible pedestrian walkways and bicycle transportation facilities) that will function as an intermodal transportation system for the metropolitan planning area and as an integral part of an intermodal transportation system for the State and the United States. “(3) Process of development.— The process for developing the plans and TIPs shall provide for consideration of all modes of transportation and shall be continuing, cooperative, and comprehensive to the degree appropriate, based on the complexity of the transportation problems to be addressed. “(d) Designation of Metropolitan Planning Organizations.— “(1) In general.— To carry out the transportation planning process required by this section, a metropolitan planning organization shall be designated for each urbanized area with a population of more than 50,000 individuals— “(A) by agreement between the Governor and units of general purpose local government that together represent at least 75 percent of the affected population (including the largest incorporated city (based on population) as determined by the Bureau of the Census); or “(B) in accordance with procedures established by applicable State or local law. “(2) Structure.— Not later than 2 years after the date of enactment of MAP-21, each metropolitan planning organization that serves an area designated as a transportation management area shall consist of— “(A) local elected officials; “(B) officials of public agencies that administer or operate major modes of transportation in the metropolitan area, including representation by providers of public transportation; and “(C) appropriate State officials. “(3) Limitation on statutory construction.— Nothing in this subsection shall be construed to interfere with the authority, under any State law in effect on December 18, 1991, of a public agency with multimodal transportation responsibilities— “(A) to develop the plans and TIPs for adoption by a metropolitan planning organization; and “(B) to develop long-range capital plans, coordinate transit services and projects, and carry out other activities pursuant to State law. “(4) Continuing designation.— A designation of a metropolitan planning organization under this subsection or any other provision of law shall remain in effect until the metropolitan planning organization is redesignated under paragraph (5). “(5) Redesignation procedures.— “(A) In general.— A metropolitan planning organization may be redesignated by agreement between the Governor and units of general purpose local government that together represent at least 75 percent of the existing planning area population (including the largest incorporated city (based on population) as determined by the Bureau of the Census) as appropriate to carry out this section. “(B) Restructuring.— A metropolitan planning organization may be restructured to meet the requirements of paragraph (2) without undertaking a redesignation. “(6) Designation of more than 1 metropolitan planning organization.— More than 1 metropolitan planning organization may be designated within an existing metropolitan planning area only if the Governor and the existing metropolitan planning organization determine that the size and complexity of the existing metropolitan planning area make designation of more than 1 metropolitan planning organization for the area appropriate. “(e) Metropolitan Planning Area Boundaries.— “(1) In general.— For the purposes of this section, the boundaries of a metropolitan planning area shall be determined by agreement between the metropolitan planning organization and the Governor. “(2) Included area.— Each metropolitan planning area— “(A) shall encompass at least the existing urbanized area and the contiguous area expected to become urbanized within a 20-year forecast period for the transportation plan; and “(B) may encompass the entire metropolitan statistical area or consolidated metropolitan statistical area, as defined by the Bureau of the Census. “(3) Identification of new urbanized areas within existing planning area boundaries.— The designation by the Bureau of the Census of new urbanized areas within an existing metropolitan planning area shall not require the redesignation of the existing metropolitan planning organization. “(4) Existing metropolitan planning areas in nonattainment.— “(A) In general.— Notwithstanding paragraph (2), except as provided in subparagraph (B), in the case of an urbanized area designated as a nonattainment area for ozone or carbon monoxide under the Clean Air Act (42 U.S.C. 7401 et seq.) as of the date of enactment of the SAFETEA–LU, the boundaries of the metropolitan planning area in existence as of such date of enactment shall be retained. “(B) Exception.— The boundaries described in subparagraph (A) may be adjusted by agreement of the Governor and affected metropolitan planning organizations in the manner described in subsection (d)(5). “(5) New metropolitan planning areas in nonattainment.— In the case of an urbanized area designated after the date of enactment of the SAFETEA–LU, as a nonattainment area for ozone or carbon monoxide, the boundaries of the metropolitan planning area— “(A) shall be established in the manner described in subsection (d)(1); “(B) shall encompass the areas described in paragraph (2)(A); “(C) may encompass the areas described in paragraph (2)(B); and “(D) may address any nonattainment area identified under the Clean Air Act (42 U.S.C. 7401 et seq.) for ozone or carbon monoxide. “(f) Coordination in Multistate Areas.— “(1) In general.— The Secretary shall encourage each Governor with responsibility for a portion of a multistate metropolitan area and the appropriate metropolitan planning organizations to provide coordinated transportation planning for the entire metropolitan area. “(2) Interstate compacts.— The consent of Congress is granted to any 2 or more States— “(A) to enter into agreements or compacts, not in conflict with any law of the United States, for cooperative efforts and mutual assistance in support of activities authorized under this section as the activities pertain to interstate areas and localities within the States; and “(B) to establish such agencies, joint or otherwise, as the States may determine desirable for making the agreements and compacts effective. “(3) Reservation of rights.— The right to alter, amend, or repeal interstate compacts entered into under this subsection is expressly reserved. “(g) MPO Consultation in Plan and TIP Coordination.— “(1) Nonattainment areas.— If more than 1 metropolitan planning organization has authority within a metropolitan area or an area which is designated as a nonattainment area for ozone or carbon monoxide under the Clean Air Act (42 U.S.C. 7401 et seq.), each metropolitan planning organization shall consult with the other metropolitan planning organizations designated for such area and the State in the coordination of plans and TIPs required by this section. “(2) Transportation improvements located in multiple mpos.— If a transportation improvement, funded from the Highway Trust Fund or authorized under chapter 53 of title 49, is located within the boundaries of more than 1 metropolitan planning area, the metropolitan planning organizations shall coordinate plans and TIPs regarding the transportation improvement. “(3) Relationship with other planning officials.— “(A) In general.— The Secretary shall encourage each metropolitan planning organization to consult with officials responsible for other types of planning activities that are affected by transportation in the area (including State and local planned growth, economic development, environmental protection, airport operations, and freight movements) or to coordinate its planning process, to the maximum extent practicable, with such planning activities. “(B) Requirements.— Under the metropolitan planning process, transportation plans and TIPs shall be developed with due consideration of other related planning activities within the metropolitan area, and the process shall provide for the design and delivery of transportation services within the metropolitan area that are provided by— “(i) recipients of assistance under chapter 53 of title 49; “(ii) governmental agencies and nonprofit organizations (including representatives of the agencies and organizations) that receive Federal assistance from a source other than the Department of Transportation to provide nonemergency transportation services; and “(iii) recipients of assistance under section 204. “(h) Scope of Planning Process.— “(1) In general.— The metropolitan planning process for a metropolitan planning area under this section shall provide for consideration of projects and strategies that will— “(A) support the economic vitality of the metropolitan area, especially by enabling global competitiveness, productivity, and efficiency; “(B) increase the safety of the transportation system for motorized and nonmotorized users; “(C) increase the security of the transportation system for motorized and nonmotorized users; “(D) increase the accessibility and mobility of people and for freight; “(E) protect and enhance the environment, promote energy conservation, improve the quality of life, and promote consistency between transportation improvements and State and local planned growth and economic development patterns; “(F) enhance the integration and connectivity of the transportation system, across and between modes, for people and freight; “(G) promote efficient system management and operation; and “(H) emphasize the preservation of the existing transportation system. “(2) Performance-based approach.— “(A) In general.— The metropolitan transportation planning process shall provide for the establishment and use of a performance-based approach to transportation decisionmaking to support the national goals described in section 150(b) of this title and in section 5301(c) of title 49. “(B) Performance targets.— “(i) Surface transportation performance targets.— “(I) In general.— Each metropolitan planning organization shall establish performance targets that address the performance measures described in section 150(c), where applicable, to use in tracking progress towards attainment of critical outcomes for the region of the metropolitan planning organization. “(II) Coordination.— Selection of performance targets by a metropolitan planning organization shall be coordinated with the relevant State to ensure consistency, to the maximum extent practicable. “(ii) Public transportation performance targets.— Selection of performance targets by a metropolitan planning organization shall be coordinated, to the maximum extent practicable, with providers of public transportation to ensure consistency with sections 5326(c) and 5329(d) of title 49. “(C) Timing.— Each metropolitan planning organization shall establish the performance targets under subparagraph (B) not later than 180 days after the date on which the relevant State or provider of public transportation establishes the performance targets. “(D) Integration of other performance-based plans.— A metropolitan planning organization shall integrate in the metropolitan transportation planning process, directly or by reference, the goals, objectives, performance measures, and targets described in other State transportation plans and transportation processes, as well as any plans developed under chapter 53 of title 49 by providers of public transportation, required as part of a performance-based program. “(3) Failure to consider factors.— The failure to consider any factor specified in paragraphs (1) and (2) shall not be reviewable by any court under this title or chapter 53 of title 49, subchapter II of chapter 5 of title 5, or chapter 7 of title 5 in any matter affecting a transportation plan, a TIP, a project or strategy, or the certification of a planning process. “(i) Development of Transportation Plan.— “(1) Requirements.— “(A) In general.— Each metropolitan planning organization shall prepare and update a transportation plan for its metropolitan planning area in accordance with the requirements of this subsection. “(B) Frequency.— “(i) In general.— The metropolitan planning organization shall prepare and update such plan every 4 years (or more frequently, if the metropolitan planning organization elects to update more frequently) in the case of each of the following: “(I) Any area designated as nonattainment, as defined in section 107(d) of the Clean Air Act (42 U.S.C. 7407(d)). “(II) Any area that was nonattainment and subsequently designated to attainment in accordance with section 107(d)(3) of that Act (42 U.S.C. 7407(d)(3)) and that is subject to a maintenance plan under section 175A of that Act (42 U.S.C. 7505a). “(ii) Other areas.— In the case of any other area required to have a transportation plan in accordance with the requirements of this subsection, the metropolitan planning organization shall prepare and update such plan every 5 years unless the metropolitan planning organization elects to update more frequently. “(2) Transportation plan.— A transportation plan under this section shall be in a form that the Secretary determines to be appropriate and shall contain, at a minimum, the following: “(A) Identification of transportation facilities.— “(i) In general.— An identification of transportation facilities (including major roadways, transit, multimodal and intermodal facilities, nonmotorized transportation facilities, and intermodal connectors) that should function as an integrated metropolitan transportation system, giving emphasis to those facilities that serve important national and regional transportation functions. “(ii) Factors.— In formulating the transportation plan, the metropolitan planning organization shall consider factors described in subsection (h) as the factors relate to a 20-year forecast period. “(B) Performance measures and targets.— A description of the performance measures and performance targets used in assessing the performance of the transportation system in accordance with subsection (h)(2). “(C) System performance report.— A system performance report and subsequent updates evaluating the condition and performance of the transportation system with respect to the performance targets described in subsection (h)(2), including— “(i) progress achieved by the metropolitan planning organization in meeting the performance targets in comparison with system performance recorded in previous reports; and “(ii) for metropolitan planning organizations that voluntarily elect to develop multiple scenarios, an analysis of how the preferred scenario has improved the conditions and performance of the transportation system and how changes in local policies and investments have impacted the costs necessary to achieve the identified performance targets. “(D) Mitigation activities.— “(i) In general.— A long-range transportation plan shall include a discussion of types of potential environmental mitigation activities and potential areas to carry out these activities, including activities that may have the greatest potential to restore and maintain the environmental functions affected by the plan. “(ii) Consultation.— The discussion shall be developed in consultation with Federal, State, and tribal wildlife, land management, and regulatory agencies. “(E) Financial plan.— “(i) In general.— A financial plan that— “(I) demonstrates how the adopted transportation plan can be implemented; “(II) indicates resources from public and private sources that are reasonably expected to be made available to carry out the plan; and “(III) recommends any additional financing strategies for needed projects and programs. “(ii) Inclusions.— The financial plan may include, for illustrative purposes, additional projects that would be included in the adopted transportation plan if reasonable additional resources beyond those identified in the financial plan were available. “(iii) Cooperative development.— For the purpose of developing the transportation plan, the metropolitan planning organization, transit operator, and State shall cooperatively develop estimates of funds that will be available to support plan implementation. “(F) Operational and management strategies.— Operational and management strategies to improve the performance of existing transportation facilities to relieve vehicular congestion and maximize the safety and mobility of people and goods. “(G) Capital investment and other strategies.— Capital investment and other strategies to preserve the existing and projected future metropolitan transportation infrastructure and provide for multimodal capacity increases based on regional priorities and needs. “(H) Transportation and transit enhancement activities.— Proposed transportation and transit enhancement activities. “(3) Coordination with clean air act agencies.— In metropolitan areas that are in nonattainment for ozone or carbon monoxide under the Clean Air Act (42 U.S.C. 7401 et seq.), the metropolitan planning organization shall coordinate the development of a transportation plan with the process for development of the transportation control measures of the State implementation plan required by that Act. “(4) Optional scenario development.— “(A) In general.— A metropolitan planning organization may, while fitting the needs and complexity of its community, voluntarily elect to develop multiple scenarios for consideration as part of the development of the metropolitan transportation plan, in accordance with subparagraph (B). “(B) Recommended components.— A metropolitan planning organization that chooses to develop multiple scenarios under subparagraph (A) shall be encouraged to consider— “(i) potential regional investment strategies for the planning horizon; “(ii) assumed distribution of population and employment; “(iii) a scenario that, to the maximum extent practicable, maintains baseline conditions for the performance measures identified in subsection (h)(2); “(iv) a scenario that improves the baseline conditions for as many of the performance measures identified in subsection (h)(2) as possible; “(v) revenue constrained scenarios based on the total revenues expected to be available over the forecast period of the plan; and “(vi) estimated costs and potential revenues available to support each scenario. “(C) Metrics.— In addition to the performance measures identified in section 150(c), metropolitan planning organizations may evaluate scenarios developed under this paragraph using locally-developed measures. “(5) Consultation.— “(A) In general.— In each metropolitan area, the metropolitan planning organization shall consult, as appropriate, with State and local agencies responsible for land use management, natural resources, environmental protection, conservation, and historic preservation concerning the development of a long-range transportation plan. “(B) Issues.— The consultation shall involve, as appropriate— “(i) comparison of transportation plans with State conservation plans or maps, if available; or “(ii) comparison of transportation plans to inventories of natural or historic resources, if available. “(6) Participation by interested parties.— “(A) In general.— Each metropolitan planning organization shall provide citizens, affected public agencies, representatives of public transportation employees, freight shippers, providers of freight transportation services, private providers of transportation, representatives of users of public transportation, representatives of users of pedestrian walkways and bicycle transportation facilities, representatives of the disabled, and other interested parties with a reasonable opportunity to comment on the transportation plan. “(B) Contents of participation plan.— A participation plan— “(i) shall be developed in consultation with all interested parties; and “(ii) shall provide that all interested parties have reasonable opportunities to comment on the contents of the transportation plan. “(C) Methods.— In carrying out subparagraph (A), the metropolitan planning organization shall, to the maximum extent practicable— “(i) hold any public meetings at convenient and accessible locations and times; “(ii) employ visualization techniques to describe plans; and “(iii) Public information. make public information available in electronically accessible format and means, such as the World Wide Web, as appropriate to afford reasonable opportunity for consideration of public information under subparagraph (A). “(7) Publication.— A transportation plan involving Federal participation shall be published or otherwise made readily available by the metropolitan planning organization for public review, including (to the maximum extent practicable) in electronically accessible formats and means, such as the World Wide Web, approved by the metropolitan planning organization and submitted for information purposes to the Governor at such times and in such manner as the Secretary shall establish. “(8) Selection of projects from illustrative list.— Notwithstanding paragraph (2)(C), a State or metropolitan planning organization shall not be required to select any project from the illustrative list of additional projects included in the financial plan under paragraph (2)(C). “(j) Metropolitan TIP.— “(1) Development.— “(A) In general.— In cooperation with the State and any affected public transportation operator, the metropolitan planning organization designated for a metropolitan area shall develop a TIP for the metropolitan planning area that— “(i) contains projects consistent with the current metropolitan transportation plan; “(ii) reflects the investment priorities established in the current metropolitan transportation plan; and “(iii) once implemented, is designed to make progress toward achieving the performance targets established under subsection (h)(2). “(B) Opportunity for comment.— In developing the TIP, the metropolitan planning organization, in cooperation with the State and any affected public transportation operator, shall provide an opportunity for participation by interested parties in the development of the program, in accordance with subsection (i)(5). “(C) Funding estimates.— For the purpose of developing the TIP, the metropolitan planning organization, public transportation agency, and State shall cooperatively develop estimates of funds that are reasonably expected to be available to support program implementation. “(D) Updating and approval.— The TIP shall be— “(i) updated at least once every 4 years; and “(ii) approved by the metropolitan planning organization and the Governor. “(2) Contents.— “(A) Priority list.— The TIP shall include a priority list of proposed Federally supported projects and strategies to be carried out within each 4-year period after the initial adoption of the TIP. “(B) Financial plan.— The TIP shall include a financial plan that— “(i) demonstrates how the TIP can be implemented; “(ii) indicates resources from public and private sources that are reasonably expected to be available to carry out the program; “(iii) identifies innovative financing techniques to finance projects, programs, and strategies; and “(iv) may include, for illustrative purposes, additional projects that would be included in the approved TIP if reasonable additional resources beyond those identified in the financial plan were available. “(C) Descriptions.— Each project in the TIP shall include sufficient descriptive material (such as type of work, termini, length, and other similar factors) to identify the project or phase of the project. “(D) Performance target achievement.— The transportation improvement program shall include, to the maximum extent practicable, a description of the anticipated effect of the transportation improvement program toward achieving the performance targets established in the metropolitan transportation plan, linking investment priorities to those performance targets. “(3) Included projects.— “(A) Projects under this title and chapter 53 of title 49.— A TIP developed under this subsection for a metropolitan area shall include the projects within the area that are proposed for funding under chapter 1 of this title and chapter 53 of title 49. “(B) Projects under chapter 2.— “(i) Regionally significant projects.— Regionally significant projects proposed for funding under chapter 2 shall be identified individually in the transportation improvement program. “(ii) Other projects.— Projects proposed for funding under chapter 2 that are not determined to be regionally significant shall be grouped in 1 line item or identified individually in the transportation improvement program. “(C) Consistency with long-range transportation plan.— Each project shall be consistent with the long-range transportation plan developed under subsection (i) for the area. “(D) Requirement of anticipated full funding.— The program shall include a project, or an identified phase of a project, only if full funding can reasonably be anticipated to be available for the project or the identified phase within the time period contemplated for completion of the project or the identified phase. “(4) Notice and comment.— Before approving a TIP, a metropolitan planning organization, in cooperation with the State and any affected public transportation operator, shall provide an opportunity for participation by interested parties in the development of the program, in accordance with subsection (i)(5). “(5) Selection of projects.— “(A) In general.— Except as otherwise provided in subsection (k)(4) and in addition to the TIP development required under paragraph (1), the selection of Federally funded projects in metropolitan areas shall be carried out, from the approved TIP— “(i) by— “(I) in the case of projects under this title, the State; and “(II) in the case of projects under chapter 53 of title 49, the designated recipients of public transportation funding; and “(ii) in cooperation with the metropolitan planning organization. “(B) Modifications to project priority.— Notwithstanding any other provision of law, action by the Secretary shall not be required to advance a project included in the approved TIP in place of another project in the program. “(6) Selection of projects from illustrative list.— “(A) No required selection.— Notwithstanding paragraph (2)(B)(iv), a State or metropolitan planning organization shall not be required to select any project from the illustrative list of additional projects included in the financial plan under paragraph (2)(B)(iv). “(B) Required action by the secretary.— Action by the Secretary shall be required for a State or metropolitan planning organization to select any project from the illustrative list of additional projects included in the financial plan under paragraph (2)(B)(iv) for inclusion in an approved TIP. “(7) Publication.— “(A) Publication of tips.— A TIP involving Federal participation shall be published or otherwise made readily available by the metropolitan planning organization for public review. “(B) Publication of annual listings of projects.— “(i) In general.— An annual listing of projects, including investments in pedestrian walkways and bicycle transportation facilities, for which Federal funds have been obligated in the preceding year shall be published or otherwise made available by the cooperative effort of the State, transit operator, and metropolitan planning organization for public review. “(ii) Requirement.— The listing shall be consistent with the categories identified in the TIP. “(k) Transportation Management Areas.— “(1) Identification and designation.— “(A) Required identification.— The Secretary shall identify as a transportation management area each urbanized area (as defined by the Bureau of the Census) with a population of over 200,000 individuals. “(B) Designations on request.— The Secretary shall designate any additional area as a transportation management area on the request of the Governor and the metropolitan planning organization designated for the area. “(2) Transportation plans.— In a transportation management area, transportation plans shall be based on a continuing and comprehensive transportation planning process carried out by the metropolitan planning organization in cooperation with the State and public transportation operators. “(3) Congestion management process.— “(A) In general.— Within a metropolitan planning area serving a transportation management area, the transportation planning process under this section shall address congestion management through a process that provides for effective management and operation, based on a cooperatively developed and implemented metropolitan-wide strategy, of new and existing transportation facilities eligible for funding under this title and chapter 53 of title 49 through the use of travel demand reduction and operational management strategies. “(B) Schedule.— The Secretary shall establish an appropriate phase-in schedule for compliance with the requirements of this section but no sooner than 1 year after the identification of a transportation management area. “(4) Selection of projects.— “(A) In general.— All Federally funded projects carried out within the boundaries of a metropolitan planning area serving a transportation management area under this title (excluding projects carried out on the National Highway System) or under chapter 53 of title 49 shall be selected for implementation from the approved TIP by the metropolitan planning organization designated for the area in consultation with the State and any affected public transportation operator. “(B) National highway system projects.— Projects carried out within the boundaries of a metropolitan planning area serving a transportation management area on the National Highway System shall be selected for implementation from the approved TIP by the State in cooperation with the metropolitan planning organization designated for the area. “(5) Certification.— “(A) In general.— The Secretary shall— “(i) ensure that the metropolitan planning process of a metropolitan planning organization serving a transportation management area is being carried out in accordance with applicable provisions of Federal law; and “(ii) subject to subparagraph (B), certify, not less often than once every 4 years, that the requirements of this paragraph are met with respect to the metropolitan planning process. “(B) Requirements for certification.— The Secretary may make the certification under subparagraph (A) if— “(i) the transportation planning process complies with the requirements of this section and other applicable requirements of Federal law; and “(ii) there is a TIP for the metropolitan planning area that has been approved by the metropolitan planning organization and the Governor. “(C) Effect of failure to certify.— “(i) Withholding of project funds.— If a metropolitan planning process of a metropolitan planning organization serving a transportation management area is not certified, the Secretary may withhold up to 20 percent of the funds attributable to the metropolitan planning area of the metropolitan planning organization for projects funded under this title and chapter 53 of title 49. “(ii) Restoration of withheld funds.— The withheld funds shall be restored to the metropolitan planning area at such time as the metropolitan planning process is certified by the Secretary. “(D) Review of certification.— In making certification determinations under this paragraph, the Secretary shall provide for public involvement appropriate to the metropolitan area under review. “(l) Report on Performance-based Planning Processes.— “(1) In general.— The Secretary shall submit to Congress a report on the effectiveness of the performance-based planning processes of metropolitan planning organizations under this section, taking into consideration the requirements of this subsection “(2) Report.— Not later than 5 years after the date of enactment of the MAP–21, the Secretary shall submit to Congress a report evaluating— “(A) the overall effectiveness of performance-based planning as a tool for guiding transportation investments; “(B) the effectiveness of the performance-based planning process of each metropolitan planning organization under this section; “(C) the extent to which metropolitan planning organizations have achieved, or are currently making substantial progress toward achieving, the performance targets specified under this section and whether metropolitan planning organizations are developing meaningful performance targets; and “(D) the technical capacity of metropolitan planning organizations that operate within a metropolitan planning area of less than 200,000 and their ability to carry out the requirements of this section. “(3) Publication.— The report under paragraph (2) shall be published or otherwise made available in electronically accessible formats and means, including on the Internet. “(m) Abbreviated Plans for Certain Areas.— “(1) In general.— Subject to paragraph (2), in the case of a metropolitan area not designated as a transportation management area under this section, the Secretary may provide for the development of an abbreviated transportation plan and TIP for the metropolitan planning area that the Secretary determines is appropriate to achieve the purposes of this section, taking into account the complexity of transportation problems in the area. “(2) Nonattainment areas.— The Secretary may not permit abbreviated plans or TIPs for a metropolitan area that is in nonattainment for ozone or carbon monoxide under the Clean Air Act (42 U.S.C. 7401 et seq.). “(n) Additional Requirements for Certain Nonattainment Areas.— “(1) In general.— Notwithstanding any other provisions of this title or chapter 53 of title, for transportation management areas classified as nonattainment for ozone or carbon monoxide pursuant to the Clean Air Act (42 U.S.C. 7401 et seq.), Federal funds may not be advanced in such area for any highway project that will result in a significant increase in the carrying capacity for single-occupant vehicles unless the project is addressed through a congestion management process. “(2) Applicability.— This subsection applies to a nonattainment area within the metropolitan planning area boundaries determined under subsection (e). “(o) Limitation on Statutory Construction.— Nothing in this section shall be construed to confer on a metropolitan planning organization the authority to impose legal requirements on any transportation facility, provider, or project not eligible under this title or chapter 53 of title 49. “(p) Funding.— Funds set aside under section 104(f) of this title or section 5305(g) of title 49 shall be available to carry out this section. “(q) Continuation of Current Review Practice.— Since plans and TIPs described in this section are subject to a reasonable opportunity for public comment, since individual projects included in plans and TIPs are subject to review under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), and since decisions by the Secretary concerning plans and TIPs described in this section have not been reviewed under that Act as of January 1, 1997, any decision by the Secretary concerning a plan or TIP described in this section shall not be considered to be a Federal action subject to review under that Act.” . (b) Study on Metropolitan Planning Scenario Development.— (1) In general.— The Secretary shall evaluate the costs and benefits associated with metropolitan planning organizations developing multiple scenarios for consideration as a part of the development of their metropolitan transportation plan. (2) Inclusions.— The evaluation shall include an analysis of the technical and financial capacity of the metropolitan planning organization needed to develop scenarios described in paragraph (1). SEC. 1202. STATEWIDE AND NONMETROPOLITAN TRANSPORTATION PLANNING. (a) In General.— Section 135 of title 23, United States Code, is amended to read as follows: “§ 135. Statewide and nonmetropolitan transportation planning “(a) General Requirements.— “(1) Development of plans and programs.— Subject to section 134, to accomplish the objectives stated in section 134(a), each State shall develop a statewide transportation plan and a statewide transportation improvement program for all areas of the State. “(2) Contents.— The statewide transportation plan and the transportation improvement program developed for each State shall provide for the development and integrated management and operation of transportation systems and facilities (including accessible pedestrian walkways and bicycle transportation facilities) that will function as an intermodal transportation system for the State and an integral part of an intermodal transportation system for the United States. “(3) Process of development.— The process for developing the statewide plan and the transportation improvement program shall provide for consideration of all modes of transportation and the policies stated in section 134(a) and shall be continuing, cooperative, and comprehensive to the degree appropriate, based on the complexity of the transportation problems to be addressed. “(b) Coordination With Metropolitan Planning; State Implementation Plan.— A State shall— “(1) coordinate planning carried out under this section with the transportation planning activities carried out under section 134 for metropolitan areas of the State and with statewide trade and economic development planning activities and related multistate planning efforts; and “(2) develop the transportation portion of the State implementation plan as required by the Clean Air Act (42 U.S.C. 7401 et seq.). “(c) Interstate Agreements.— “(1) In general.— Two or more States may enter into agreements or compacts, not in conflict with any law of the United States, for cooperative efforts and mutual assistance in support of activities authorized under this section related to interstate areas and localities in the States and establishing authorities the States consider desirable for making the agreements and compacts effective. “(2) Reservation of rights.— The right to alter, amend, or repeal interstate compacts entered into under this subsection is expressly reserved. “(d) Scope of Planning Process.— “(1) In general.— Each State shall carry out a statewide transportation planning process that provides for consideration and implementation of projects, strategies, and services that will— “(A) support the economic vitality of the United States, the States, nonmetropolitan areas, and metropolitan areas, especially by enabling global competitiveness, productivity, and efficiency; “(B) increase the safety of the transportation system for motorized and nonmotorized users; “(C) increase the security of the transportation system for motorized and nonmotorized users; “(D) increase the accessibility and mobility of people and freight; “(E) protect and enhance the environment, promote energy conservation, improve the quality of life, and promote consistency between transportation improvements and State and local planned growth and economic development patterns; “(F) enhance the integration and connectivity of the transportation system, across and between modes throughout the State, for people and freight; “(G) promote efficient system management and operation; and “(H) emphasize the preservation of the existing transportation system. “(2) Performance-based approach.— “(A) In general.— The statewide transportation planning process shall provide for the establishment and use of a performance-based approach to transportation decisionmaking to support the national goals described in section 150(b) of this title and in section 5301(c) of title 49. “(B) Performance targets.— “(i) Surface transportation performance targets.— “(I) In general.— Each State shall establish performance targets that address the performance measures described in section 150(c), where applicable, to use in tracking progress towards attainment of critical outcomes for the State. “(II) Coordination.— Selection of performance targets by a State shall be coordinated with the relevant metropolitan planning organizations to ensure consistency, to the maximum extent practicable. “(ii) Public transportation performance targets.— In urbanized areas not represented by a metropolitan planning organization, selection of performance targets by a State shall be coordinated, to the maximum extent practicable, with providers of public transportation to ensure consistency with sections 5326(c) and 5329(d) of title 49. “(C) Integration of other performance-based plans.— A State shall integrate into the statewide transportation planning process, directly or by reference, the goals, objectives, performance measures, and targets described in this paragraph, in other State transportation plans and transportation processes, as well as any plans developed pursuant to chapter 53 of title 49 by providers of public transportation in urbanized areas not represented by a metropolitan planning organization required as part of a performance-based program. “(D) Use of performance measures and targets.— The performance measures and targets established under this paragraph shall be considered by a State when developing policies, programs, and investment priorities reflected in the statewide transportation plan and statewide transportation improvement program. “(3) Failure to consider factors.— The failure to take into consideration the factors specified in paragraphs (1) and (2) shall not be subject to review by any court under this title, chapter 53 of title 49, subchapter II of chapter 5 of title 5, or chapter 7 of title 5 in any matter affecting a statewide transportation plan, a statewide transportation improvement program, a project or strategy, or the certification of a planning process. “(e) Additional Requirements.— In carrying out planning under this section, each State shall, at a minimum— “(1) with respect to nonmetropolitan areas, cooperate with affected local officials with responsibility for transportation or, if applicable, through regional transportation planning organizations described in subsection (m); “(2) consider the concerns of Indian tribal governments and Federal land management agencies that have jurisdiction over land within the boundaries of the State; and “(3) consider coordination of transportation plans, the transportation improvement program, and planning activities with related planning activities being carried out outside of metropolitan planning areas and between States. “(f) Long-range Statewide Transportation Plan.— “(1) Development.— Each State shall develop a long-range statewide transportation plan, with a minimum 20-year forecast period for all areas of the State, that provides for the development and implementation of the intermodal transportation system of the State. “(2) Consultation with governments.— “(A) Metropolitan areas.— The statewide transportation plan shall be developed for each metropolitan area in the State in cooperation with the metropolitan planning organization designated for the metropolitan area under section 134. “(B) Nonmetropolitan areas.— “(i) In general.— With respect to nonmetropolitan areas, the statewide transportation plan shall be developed in cooperation with affected nonmetropolitan officials with responsibility for transportation or, if applicable, through regional transportation planning organizations described in subsection (m). “(ii) Role of secretary.— The Secretary shall not review or approve the consultation process in each State. “(C) Indian tribal areas.— With respect to each area of the State under the jurisdiction of an Indian tribal government, the statewide transportation plan shall be developed in consultation with the tribal government and the Secretary of the Interior. “(D) Consultation, comparison, and consideration.— “(i) In general.— The long-range transportation plan shall be developed, as appropriate, in consultation with State, tribal, and local agencies responsible for land use management, natural resources, environmental protection, conservation, and historic preservation. “(ii) Comparison and consideration.— Consultation under clause (i) shall involve comparison of transportation plans to State and tribal conservation plans or maps, if available, and comparison of transportation plans to inventories of natural or historic resources, if available. “(3) Participation by interested parties.— “(A) In general.— In developing the statewide transportation plan, the State shall provide to— “(i) nonmetropolitan local elected officials or, if applicable, through regional transportation planning organizations described in subsection (m), an opportunity to participate in accordance with subparagraph (B)(i); and “(ii) citizens, affected public agencies, representatives of public transportation employees, freight shippers, private providers of transportation, representatives of users of public transportation, representatives of users of pedestrian walkways and bicycle transportation facilities, representatives of the disabled, providers of freight transportation services, and other interested parties a reasonable opportunity to comment on the proposed plan. “(B) Methods.— In carrying out subparagraph (A), the State shall, to the maximum extent practicable— “(i) develop and document a consultative process to carry out subparagraph (A)(i) that is separate and discrete from the public involvement process developed under clause (ii); “(ii) hold any public meetings at convenient and accessible locations and times; “(iii) employ visualization techniques to describe plans; and “(iv) make public information available in electronically accessible format and means, such as the World Wide Web, as appropriate to afford reasonable opportunity for consideration of public information under subparagraph (A). “(4) Mitigation activities.— “(A) In general.— A long-range transportation plan shall include a discussion of potential environmental mitigation activities and potential areas to carry out these activities, including activities that may have the greatest potential to restore and maintain the environmental functions affected by the plan. “(B) Consultation.— The discussion shall be developed in consultation with Federal, State, and tribal wildlife, land management, and regulatory agencies. “(5) Financial plan.— The statewide transportation plan may include— “(A) a financial plan that— “(i) demonstrates how the adopted statewide transportation plan can be implemented; “(ii) indicates resources from public and private sources that are reasonably expected to be made available to carry out the plan; and “(iii) recommends any additional financing strategies for needed projects and programs; and “(B) for illustrative purposes, additional projects that would be included in the adopted statewide transportation plan if reasonable additional resources beyond those identified in the financial plan were available. “(6) Selection of projects from illustrative list.— A State shall not be required to select any project from the illustrative list of additional projects included in the financial plan described in paragraph (5). “(7) Performance-based approach.— The statewide transportation plan should include— “(A) a description of the performance measures and performance targets used in assessing the performance of the transportation system in accordance with subsection (d)(2); and “(B) a system performance report and subsequent updates evaluating the condition and performance of the transportation system with respect to the performance targets described in subsection (d)(2), including progress achieved by the metropolitan planning organization in meeting the performance targets in comparison with system performance recorded in previous reports; “(8) Existing system.— The statewide transportation plan should include capital, operations and management strategies, investments, procedures, and other measures to ensure the preservation and most efficient use of the existing transportation system. “(9) Publication of long-range transportation plans.— Each long-range transportation plan prepared by a State shall be published or otherwise made available, including (to the maximum extent practicable) in electronically accessible formats and means, such as the World Wide Web. “(g) Statewide Transportation Improvement Program.— “(1) Development.— “(A) In general.— Each State shall develop a statewide transportation improvement program for all areas of the State. “(B) Duration and updating of program.— Each program developed under subparagraph (A) shall cover a period of 4 years and shall be updated every 4 years or more frequently if the Governor of the State elects to update more frequently. “(2) Consultation with governments.— “(A) Metropolitan areas.— With respect to each metropolitan area in the State, the program shall be developed in cooperation with the metropolitan planning organization designated for the metropolitan area under section 134. “(B) Nonmetropolitan areas.— “(i) In general.— With respect to each nonmetropolitan area in the State, the program shall be developed in consultation with affected nonmetropolitan local officials with responsibility for transportation or, if applicable, through regional transportation planning organizations described in subsection (m). “(ii) Role of secretary.— The Secretary shall not review or approve the specific consultation process in the State. “(C) Indian tribal areas.— With respect to each area of the State under the jurisdiction of an Indian tribal government, the program shall be developed in consultation with the tribal government and the Secretary of the Interior. “(3) Participation by interested parties.— In developing the program, the State shall provide citizens, affected public agencies, representatives of public transportation employees, freight shippers, private providers of transportation, providers of freight transportation services, representatives of users of public transportation, representatives of users of pedestrian walkways and bicycle transportation facilities, representatives of the disabled, and other interested parties with a reasonable opportunity to comment on the proposed program. “(4) Performance target achievement.— A statewide transportation improvement program shall include, to the maximum extent practicable, a discussion of the anticipated effect of the statewide transportation improvement program toward achieving the performance targets established in the statewide transportation plan, linking investment priorities to those performance targets. “(5) Included projects.— “(A) In general.— A transportation improvement program developed under this subsection for a State shall include Federally supported surface transportation expenditures within the boundaries of the State. “(B) Listing of projects.— “(i) In general.— An annual listing of projects for which funds have been obligated for the preceding year in each metropolitan planning area shall be published or otherwise made available by the cooperative effort of the State, transit operator, and the metropolitan planning organization for public review. “(ii) Funding categories.— The listing described in clause (i) shall be consistent with the funding categories identified in each metropolitan transportation improvement program. “(C) Projects under chapter 2.— “(i) Regionally significant projects.— Regionally significant projects proposed for funding under chapter 2 shall be identified individually in the transportation improvement program. “(ii) Other projects.— Projects proposed for funding under chapter 2 that are not determined to be regionally significant shall be grouped in 1 line item or identified individually in the transportation improvement program. “(D) Consistency with statewide transportation plan.— Each project shall be— “(i) consistent with the statewide transportation plan developed under this section for the State; “(ii) identical to the project or phase of the project as described in an approved metropolitan transportation plan; and “(iii) in conformance with the applicable State air quality implementation plan developed under the Clean Air Act (42 U.S.C. 7401 et seq.), if the project is carried out in an area designated as a nonattainment area for ozone, particulate matter, or carbon monoxide under part D of title I of that Act (42 U.S.C. 7501 et seq.). “(E) Requirement of anticipated full funding.— The transportation improvement program shall include a project, or an identified phase of a project, only if full funding can reasonably be anticipated to be available for the project within the time period contemplated for completion of the project. “(F) Financial plan.— “(i) In general.— The transportation improvement program may include a financial plan that demonstrates how the approved transportation improvement program can be implemented, indicates resources from public and private sources that are reasonably expected to be made available to carry out the transportation improvement program, and recommends any additional financing strategies for needed projects and programs. “(ii) Additional projects.— The financial plan may include, for illustrative purposes, additional projects that would be included in the adopted transportation plan if reasonable additional resources beyond those identified in the financial plan were available. “(G) Selection of projects from illustrative list.— “(i) No required selection.— Notwithstanding subparagraph (F), a State shall not be required to select any project from the illustrative list of additional projects included in the financial plan under subparagraph (F). “(ii) Required action by the secretary.— Action by the Secretary shall be required for a State to select any project from the illustrative list of additional projects included in the financial plan under subparagraph (F) for inclusion in an approved transportation improvement program. “(H) Priorities.— The transportation improvement program shall reflect the priorities for programming and expenditures of funds, including transportation enhancement activities, required by this title and chapter 53 of title 49. “(6) Project selection for areas of less than 50,000 population.— “(A) In general.— Projects carried out in areas with populations of less than 50,000 individuals shall be selected, from the approved transportation improvement program (excluding projects carried out on the National Highway System and projects carried out under the bridge program or the Interstate maintenance program under this title or under sections 5310 and 5311 of title 49), by the State in cooperation with the affected nonmetropolitan local officials with responsibility for transportation or, if applicable, through regional transportation planning organizations described in subsection (m). “(B) Other projects.— Projects carried out in areas with populations of less than 50,000 individuals on the National Highway System or under the bridge program or the Interstate maintenance program under this title or under sections 5310, 5311, 5316, and 5317 of title 49 shall be selected, from the approved statewide transportation improvement program, by the State in consultation with the affected nonmetropolitan local officials with responsibility for transportation. “(7) Transportation improvement program approval.— Every 4 years, a transportation improvement program developed under this subsection shall be reviewed and approved by the Secretary if based on a current planning finding. “(8) Planning finding.— A finding shall be made by the Secretary at least every 4 years that the transportation planning process through which statewide transportation plans and programs are developed is consistent with this section and section 134. “(9) Modifications to project priority.— Notwithstanding any other provision of law, action by the Secretary shall not be required to advance a project included in the approved transportation improvement program in place of another project in the program. “(h) Performance-based Planning Processes Evaluation.— “(1) In general.— The Secretary shall establish criteria to evaluate the effectiveness of the performance-based planning processes of States, taking into consideration the following: “(A) The extent to which the State is making progress toward achieving, the performance targets described in subsection (d)(2), taking into account whether the State developed appropriate performance targets. “(B) The extent to which the State has made transportation investments that are efficient and cost-effective. “(C) The extent to which the State— “(i) has developed an investment process that relies on public input and awareness to ensure that investments are transparent and accountable; and “(ii) provides reports allowing the public to access the information being collected in a format that allows the public to meaningfully assess the performance of the State. “(2) Report.— “(A) In general.— Not later than 5 years after the date of enactment of the MAP–21, the Secretary shall submit to Congress a report evaluating— “(i) the overall effectiveness of performance-based planning as a tool for guiding transportation investments; and “(ii) the effectiveness of the performance-based planning process of each State. “(B) Publication.— The report under subparagraph (A) shall be published or otherwise made available in electronically accessible formats and means, including on the Internet. “(i) Funding.— Funds apportioned under section 104(b)(5) of this title and set aside under section 5305(g) of title 49 shall be available to carry out this section. “(j) Treatment of Certain State Laws as Congestion Management Processes.— For purposes of this section and section 134, and sections 5303 and 5304 of title 49, State laws, rules, or regulations pertaining to congestion management systems or programs may constitute the congestion management process under this section and section 134, and sections 5303 and 5304 of title 49, if the Secretary finds that the State laws, rules, or regulations are consistent with, and fulfill the intent of, the purposes of this section and section 134 and sections 5303 and 5304 of title 49, as appropriate. “(k) Continuation of Current Review Practice.— Since the statewide transportation plan and the transportation improvement program described in this section are subject to a reasonable opportunity for public comment, since individual projects included in the statewide transportation plans and the transportation improvement program are subject to review under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), and since decisions by the Secretary concerning statewide transportation plans or the transportation improvement program described in this section have not been reviewed under that Act as of January 1, 1997, any decision by the Secretary concerning a metropolitan or statewide transportation plan or the transportation improvement program described in this section shall not be considered to be a Federal action subject to review under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). “(l) Schedule for Implementation.— The Secretary shall issue guidance on a schedule for implementation of the changes made by this section, taking into consideration the established planning update cycle for States. The Secretary shall not require a State to deviate from its established planning update cycle to implement changes made by this section. Deadline. States shall reflect changes made to their transportation plan or transportation improvement program updates not later than 2 years after the date of issuance of guidance by the Secretary under this subsection. “(m) Designation of Regional Transportation Planning Organizations.— “(1) In general.— To carry out the transportation planning process required by this section, a State may establish and designate regional transportation planning organizations to enhance the planning, coordination, and implementation of statewide strategic long-range transportation plans and transportation improvement programs, with an emphasis on addressing the needs of nonmetropolitan areas of the State. “(2) Structure.— A regional transportation planning organization shall be established as a multijurisdictional organization of nonmetropolitan local officials or their designees who volunteer for such organization and representatives of local transportation systems who volunteer for such organization. “(3) Requirements.— A regional transportation planning organization shall establish, at a minimum— “(A) a policy committee, the majority of which shall consist of nonmetropolitan local officials, or their designees, and, as appropriate, additional representatives from the State, private business, transportation service providers, economic development practitioners, and the public in the region; and “(B) a fiscal and administrative agent, such as an existing regional planning and development organization, to provide professional planning, management, and administrative support. “(4) Duties.— The duties of a regional transportation planning organization shall include— “(A) developing and maintaining, in cooperation with the State, regional long-range multimodal transportation plans; “(B) developing a regional transportation improvement program for consideration by the State; “(C) fostering the coordination of local planning, land use, and economic development plans with State, regional, and local transportation plans and programs; “(D) providing technical assistance to local officials; “(E) participating in national, multistate, and State policy and planning development processes to ensure the regional and local input of nonmetropolitan areas; “(F) providing a forum for public participation in the statewide and regional transportation planning processes; “(G) considering and sharing plans and programs with neighboring regional transportation planning organizations, metropolitan planning organizations, and, where appropriate, tribal organizations; and “(H) conducting other duties, as necessary, to support and enhance the statewide planning process under subsection (d). “(5) States without regional transportation planning organizations.— If a State chooses not to establish or designate a regional transportation planning organization, the State shall consult with affected nonmetropolitan local officials to determine projects that may be of regional significance.” . (b) Conforming Amendment.— The analysis for chapter 1 of title 23, United States Code, is amended by striking the item relating to section 135 and inserting the following: “135. Statewide and nonmetropolitan transportation planning.”. SEC. 1203. NATIONAL GOALS AND PERFORMANCE MANAGEMENT MEASURES. (a) In General.— Section 150 of title 23, United States Code, is amended to read as follows: “§ 150. National goals and performance management measures “(a) Declaration of Policy.— Performance management will transform the Federal-aid highway program and provide a means to the most efficient investment of Federal transportation funds by refocusing on national transportation goals, increasing the accountability and transparency of the Federal-aid highway program, and improving project decisionmaking through performance-based planning and programming. “(b) National Goals.— It is in the interest of the United States to focus the Federal-aid highway program on the following national goals: “(1) Safety.— To achieve a significant reduction in traffic fatalities and serious injuries on all public roads. “(2) Infrastructure condition.— To maintain the highway infrastructure asset system in a state of good repair. “(3) Congestion reduction.— To achieve a significant reduction in congestion on the National Highway System. “(4) System reliability.— To improve the efficiency of the surface transportation system. “(5) Freight movement and economic vitality.— To improve the national freight network, strengthen the ability of rural communities to access national and international trade markets, and support regional economic development. “(6) Environmental sustainability.— To enhance the performance of the transportation system while protecting and enhancing the natural environment. “(7) Reduced project delivery delays.— To reduce project costs, promote jobs and the economy, and expedite the movement of people and goods by accelerating project completion through eliminating delays in the project development and delivery process, including reducing regulatory burdens and improving agencies’ work practices. “(c) Establishment of Performance Measures.— “(1) In general.— Not later than 18 months after the date of enactment of the MAP–21, the Secretary, in consultation with State departments of transportation, metropolitan planning organizations, and other stakeholders, shall promulgate a rulemaking that establishes performance measures and standards. “(2) Administration.— In carrying out paragraph (1), the Secretary shall— “(A) provide States, metropolitan planning organizations, and other stakeholders not less than 90 days to comment on any regulation proposed by the Secretary under that paragraph; “(B) take into consideration any comments relating to a proposed regulation received during that comment period; and “(C) limit performance measures only to those described in this subsection. “(3) National highway performance program.— “(A) In general.— Subject to subparagraph (B), for the purpose of carrying out section 119, the Secretary shall establish— “(i) Standards. minimum standards for States to use in developing and operating bridge and pavement management systems; “(ii) measures for States to use to assess— “(I) the condition of pavements on the Interstate system; “(II) the condition of pavements on the National Highway System (excluding the Interstate); “(III) the condition of bridges on the National Highway System; “(IV) the performance of the Interstate System; and “(V) the performance of the National Highway System (excluding the Interstate System); “(iii) minimum levels for the condition of pavement on the Interstate System, only for the purposes of carrying out section 119(f)(1); and “(iv) the data elements that are necessary to collect and maintain standardized data to carry out a performance-based approach. “(B) Regions.— In establishing minimum condition levels under subparagraph (A)(iii), if the Secretary determines that various geographic regions of the United States experience disparate factors contributing to the condition of pavement on the Interstate System in those regions, the Secretary may establish different minimum levels for each region; “(4) Highway safety improvement program.— For the purpose of carrying out section 148, the Secretary shall establish measures for States to use to assess— “(A) serious injuries and fatalities per vehicle mile traveled; and “(B) the number of serious injuries and fatalities. “(5) Congestion mitigation and air quality program.— For the purpose of carrying out section 149, the Secretary shall establish measures for States to use to assess— “(A) traffic congestion; and “(B) on-road mobile source emissions. “(6) National freight movement.— The Secretary shall establish measures for States to use to assess freight movement on the Interstate System. “(d) Establishment of Performance Targets.— “(1) In general.— Not later than 1 year after the Secretary has promulgated the final rulemaking under subsection (c), each State shall set performance targets that reflect the measures identified in paragraphs (3), (4), (5), and (6) of subsection (c). “(2) Different approaches for urban and rural areas.— In the development and implementation of any performance target, a State may, as appropriate, provide for different performance targets for urbanized and rural areas. “(e) Reporting on Performance Targets.— Not later than 4 years after the date of enactment of the MAP–21 and biennially thereafter, a State shall submit to the Secretary a report that describes— “(1) the condition and performance of the National Highway System in the State; “(2) the effectiveness of the investment strategy document in the State asset management plan for the National Highway System; “(3) progress in achieving performance targets identified under subsection (d); and “(4) the ways in which the State is addressing congestion at freight bottlenecks, including those identified in the National Freight Strategic Plan, within the State.” . (b) Conforming Amendment.— The analysis for chapter 1 of title 23, United States Code, is amended by striking the item relating to section 150 and inserting the following: “150. National goals and performance management measures.”. Subtitle C— Acceleration of Project Delivery SEC. 1301. DECLARATION OF POLICY AND PROJECT DELIVERY INITIATIVE. (a) In General.— It is the policy of the United States that— (1) it is in the national interest for the Department, State departments of transportation, transit agencies, and all other recipients of Federal transportation funds— (A) to accelerate project delivery and reduce costs; and (B) to ensure that the planning, design, engineering, construction, and financing of transportation projects is done in an efficient and effective manner, promoting accountability for public investments and encouraging greater private sector involvement in project financing and delivery while enhancing safety and protecting the environment; (2) delay in the delivery of transportation projects increases project costs, harms the economy of the United States, and impedes the travel of the people of the United States and the shipment of goods for the conduct of commerce; and (3) the Secretary shall identify and promote the deployment of innovation aimed at reducing the time and money required to deliver transportation projects while enhancing safety and protecting the environment. (b) Project Delivery Initiative.— (1) In general.— To advance the policy described in subsection (a), the Secretary shall carry out a project delivery initiative under this section. (2) Purposes.— The purposes of the project delivery initiative shall be— (A) to develop and advance the use of best practices to accelerate project delivery and reduce costs across all modes of transportation and expedite the deployment of technology and innovation; (B) to implement provisions of law designed to accelerate project delivery; and (C) to select eligible projects for applying experimental features to test innovative project delivery techniques. (3) Advancing the use of best practices.— (A) In general.— In carrying out the initiative under this section, the Secretary shall identify and advance best practices to reduce delivery time and project costs, from planning through construction, for transportation projects and programs of projects regardless of mode and project size. (B) Administration.— To advance the use of best practices, the Secretary shall— (i) engage interested parties, affected communities, resource agencies, and other stakeholders to gather information regarding opportunities for accelerating project delivery and reducing costs; (ii) establish a clearinghouse for the collection, documentation, and advancement of existing and new innovative approaches and best practices; (iii) disseminate information through a variety of means to transportation stakeholders on new innovative approaches and best practices; and (iv) provide technical assistance to assist transportation stakeholders in the use of flexibility authority to resolve project delays and accelerate project delivery if feasible. (4) Implementation of accelerated project delivery.— The Secretary shall ensure that the provisions of this subtitle designed to accelerate project delivery are fully implemented, including— (A) expanding eligibility of early acquisition of property prior to completion of environmental review under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); (B) allowing the use of the construction manager or general contractor method of contracting in the Federal-aid highway system; and (C) establishing a demonstration program to streamline the relocation process by permitting a lump-sum payment for acquisition and relocation if elected by the displaced occupant. (c) Expedited Project Delivery.— Section 101(b) of title 23, United States Code, is amended by adding at the end the following: “(4) Expedited project delivery.— “(A) In general.— Congress declares that it is in the national interest to expedite the delivery of surface transportation projects by substantially reducing the average length of the environmental review process. “(B) Policy of the united states.— Accordingly, it is the policy of the United States that— “(i) the Secretary shall have the lead role among Federal agencies in carrying out the environmental review process for surface transportation projects; “(ii) each Federal agency shall cooperate with the Secretary to expedite the environmental review process for surface transportation projects; “(iii) project sponsors shall not be prohibited from carrying out preconstruction project development activities concurrently with the environmental review process; “(iv) programmatic approaches shall be used to reduce the need for project-by-project reviews and decisions by Federal agencies; and “(v) the Secretary shall identify opportunities for project sponsors to assume responsibilities of the Secretary where such responsibilities can be assumed in a manner that protects public health, the environment, and public participation.” . SEC. 1302. ADVANCE ACQUISITION OF REAL PROPERTY INTERESTS. (a) Real Property Interests.— Section 108 of title 23, United States Code, is amended— (1) by striking “real property” each place it appears and inserting “real property interests”; (2) by striking “right-of-way” each place it appears and inserting “real property interest”; and (3) by striking “rights-of-way” each place it appears and inserting “real property interests”. (b) State-funded Early Acquisition of Real Property Interests.— Section 108(c) of title 23, United States Code, is amended— (1) in the subsection heading, by striking “Early Acquisition of Rights-of-way” and inserting “State-funded Early Acquisition of Real Property Interests”; (2) by redesignating paragraphs (1) and (2) as paragraphs (2) and (3), respectively; (3) in paragraph (2) (as so redesignated)— (A) in the heading, by striking “General rule” and inserting “Eligibility for reimbursement”; and (B) by striking “Subject to paragraph (2)” and inserting “Subject to paragraph (3)”; (4) by inserting before paragraph (2) (as so redesignated) the following: “(1) In general.— A State may carry out, at the expense of the State, acquisitions of interests in real property for a project before completion of the review process required for the project under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) without affecting subsequent approvals required for the project by the State or any Federal agency.” ; and (5) in paragraph (3) (as so redesignated)— (A) in the matter preceding subparagraph (A), by striking “in paragraph (1)” and inserting “in paragraph (2)”; and (B) in subparagraph (G), by striking “both the Secretary and the Administrator of the Environmental Protection Agency have concurred” and inserting “the Secretary has determined”. (c) Federally Funded Acquisition of Real Property Interests.— Section 108 of title 23, United States Code, is amended by adding at the end the following: “(d) Federally Funded Early Acquisition of Real Property Interests.— “(1) Definition of acquisition of a real property interest.— In this subsection, the term ‘acquisition of a real property interest’ includes the acquisition of— “(A) any interest in land; “(B) a contractual right to acquire any interest in land; or “(C) any other similar action to acquire or preserve rights-of-way for a transportation facility. “(2) Authorization.— The Secretary may authorize the use of funds apportioned to a State under this title for the acquisition of a real property interest by a State. “(3) State certification.— A State requesting Federal funding for an acquisition of a real property interest shall certify in writing, with concurrence by the Secretary, that— “(A) the State has authority to acquire the real property interest under State law; and “(B) the acquisition of the real property interest— “(i) is for a transportation purpose; “(ii) will not cause any significant adverse environmental impact; “(iii) will not limit the choice of reasonable alternatives for the project or otherwise influence the decision of the Secretary on any approval required for the project; “(iv) does not prevent the lead agency from making an impartial decision as to whether to accept an alternative that is being considered in the environmental review process; “(v) is consistent with the State transportation planning process under section 135; “(vi) complies with other applicable Federal laws (including regulations); “(vii) will be acquired through negotiation, without the threat of condemnation; and “(viii) will not result in a reduction or elimination of benefits or assistance to a displaced person required by the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. 4601 et seq.) and title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.). “(4) Environmental compliance.— “(A) In general.— Before authorizing Federal funding for an acquisition of a real property interest, the Secretary shall complete the review process under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) with respect to the acquisition of the real property interest. “(B) Independent utility.— The acquisition of a real property interest— “(i) shall be treated as having independent utility for purposes of the review process under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); and “(ii) shall not limit consideration of alternatives for future transportation improvements with respect to the real property interest. “(5) Programming.— “(A) In general.— The acquisition of a real property interest for which Federal funding is requested shall be included as a project in an applicable transportation improvement program under sections 134 and 135 and sections 5303 and 5304 of title 49. “(B) Acquisition project.— The acquisition project may consist of the acquisition of a specific parcel, a portion of a transportation corridor, or an entire transportation corridor. “(6) Development.— Real property interests acquired under this subsection may not be developed in anticipation of a project until all required environmental reviews for the project have been completed. “(7) Reimbursement.— If Federal-aid reimbursement is made for real property interests acquired early under this section and the real property interests are not subsequently incorporated into a project eligible for surface transportation funds within the time allowed by subsection (a)(2), the Secretary shall offset the amount reimbursed against funds apportioned to the State. “(8) Other requirements and conditions.— “(A) Applicable law.— The acquisition of a real property interest shall be carried out in compliance with all requirements applicable to the acquisition of real property interests for federally funded transportation projects. “(B) Additional conditions.— The Secretary may establish such other conditions or restrictions on acquisitions under this subsection as the Secretary determines to be appropriate.” . SEC. 1303. LETTING OF CONTRACTS. (a) Efficiencies in Contracting.— Section 112(b) of title 23, United States Code, is amended by adding at the end the following: “(4) Method of contracting.— “(A) In general.— “(i) 2-phase contract.— A contracting agency may award a 2-phase contract to a construction manager or general contractor for preconstruction and construction services. “(ii) Preconstruction services phase.— In the preconstruction services phase of a contract under this paragraph, the contractor shall provide the contracting agency with advice for scheduling, work sequencing, cost engineering, constructability, cost estimating, and risk identification. “(iii) Agreement.— Prior to the start of the construction services phase, the contracting agency and the contractor may agree to a price and other factors specified in regulation for the construction of the project or a portion of the project. “(iv) Construction phase.— If an agreement is reached under clause (iii), the contractor shall be responsible for the construction of the project or portion of the project at the negotiated price and in compliance with the other factors specified in the agreement. “(B) Selection.— A contract shall be awarded to a contractor under this paragraph using a competitive selection process based on qualifications, experience, best value, or any other combination of factors considered appropriate by the contracting agency. “(C) Timing.— “(i) Relationship to nepa process.— Prior to the completion of the environmental review process required under section 102 of the National Environmental Policy Act of 1969 (42 U.S.C. 4332), a contracting agency may— “(I) issue requests for proposals; “(II) proceed with the award of a contract for preconstruction services under subparagraph (A)(ii); and “(III) issue notices to proceed with a preliminary design and any work related to preliminary design, to the extent that those actions do not limit any reasonable range of alternatives. “(ii) Construction services phase.— A contracting agency shall not proceed with the award of the construction services phase of a contract under subparagraph (A)(iv) and shall not proceed, or permit any consultant or contractor to proceed, with final design or construction until completion of the environmental review process required under section 102 of the National Environmental Policy Act of 1969 (42 U.S.C. 4332). “(iii) Approval requirement.— Prior to authorizing construction activities, the Secretary shall approve— “(I) the price estimate of the contracting agency for the entire project; and “(II) any price agreement with the general contractor for the project or a portion of the project. “(iv) Design activities.— “(I) In general.— A contracting agency may proceed, at the expense of the contracting agency, with design activities at any level of detail for a project before completion of the review process required for the project under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) without affecting subsequent approvals required for the project. “(II) Reimbursement.— Design activities carried out under subclause (I) shall be eligible for Federal reimbursement as a project expense in accordance with the requirements under section 109(r). “(v) Termination provision.— The Secretary shall require a contract to include an appropriate termination provision in the event that a no-build alternative is selected.” . (b) Regulations.— The Secretary shall promulgate such regulations as are necessary to carry out the amendment made by subsection (a). (c) Effect on Experimental Program.— Nothing in this section or the amendment made by this section affects the authority to carry out, or any project carried out under, any experimental program concerning construction manager risk that is being carried out by the Secretary as of the date of enactment of this Act. SEC. 1304. INNOVATIVE PROJECT DELIVERY METHODS. (a) Declaration of Policy.— (1) In general.— Congress declares that it is in the national interest to promote the use of innovative technologies and practices that increase the efficiency of construction of, improve the safety of, and extend the service life of highways and bridges. (2) Inclusions.— The innovative technologies and practices described in paragraph (1) include state-of-the-art intelligent transportation system technologies, elevated performance standards, and new highway construction business practices that improve highway safety and quality, accelerate project delivery, and reduce congestion related to highway construction. (b) Federal Share.— Section 120(c) of title 23, United States Code, is amended by adding at the end the following: “(3) Innovative project delivery.— “(A) In general.— Except as provided in subparagraph (C), the Federal share payable on account of a project, program, or activity carried out with funds apportioned under paragraph (1), (2), or (5) of section 104(b) may, at the discretion of the State, be up to 100 percent for any such project, program, or activity that the Secretary determines— “(i) contains innovative project delivery methods that improve work zone safety for motorists or workers and the quality of the facility; “(ii) contains innovative technologies, manufacturing processes, financing, or contracting methods that improve the quality of, extend the service life of, or decrease the long-term costs of maintaining highways and bridges; “(iii) accelerates project delivery while complying with other applicable Federal laws (including regulations) and not causing any significant adverse environmental impact; or “(iv) reduces congestion related to highway construction. “(B) Examples.— Projects, programs, and activities described in subparagraph (A) may include the use of— “(i) prefabricated bridge elements and systems and other technologies to reduce bridge construction time; “(ii) innovative construction equipment, materials, or techniques, including the use of in-place recycling technology and digital 3-dimensional modeling technologies; “(iii) innovative contracting methods, including the design-build and the construction manager-general contractor contracting methods; “(iv) intelligent compaction equipment; or “(v) contractual provisions that offer a contractor an incentive payment for early completion of the project, program, or activity, subject to the condition that the incentives are accounted for in the financial plan of the project, when applicable. “(C) Limitations.— “(i) In general.— In each fiscal year, a State may use the authority under subparagraph (A) for up to 10 percent of the combined apportionments of the State under paragraphs (1), (2), and (5) of section 104(b). “(ii) Federal share increase.— The Federal share payable on account of a project, program, or activity described in subparagraph (A) may be increased by up to 5 percent of the total project cost.” . SEC. 1305. EFFICIENT ENVIRONMENTAL REVIEWS FOR PROJECT DECISIONMAKING. (a) Flexibility.— Section 139(b) of title 23, United States Code, is amended— (1) in paragraph (2) by inserting “, and any requirements established under this section may be satisfied,” after “exercised”; and (2) by adding at the end the following: “(3) Programmatic compliance.— “(A) In general.— The Secretary shall initiate a rulemaking to allow for the use of programmatic approaches to conduct environmental reviews that— “(i) eliminate repetitive discussions of the same issues; “(ii) focus on the actual issues ripe for analyses at each level of review; and “(iii) are consistent with— “(I) the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); and “(II) other applicable laws. “(B) Requirements.— In carrying out subparagraph (A), the Secretary shall— “(i) Consultation. before initiating the rulemaking under that subparagraph, consult with relevant Federal agencies and State resource agencies, State departments of transportation, Indian tribes, and the public on the appropriate use and scope of the programmatic approaches; “(ii) emphasize the importance of collaboration among relevant Federal agencies, State agencies, and Indian tribes in undertaking programmatic reviews, especially with respect to including reviews with a broad geographic scope; “(iii) ensure that the programmatic reviews— “(I) promote transparency, including of the analyses and data used in the environmental reviews, the treatment of any deferred issues raised by agencies or the public, and the temporal and special scales to be used to analyze such issues; “(II) use accurate and timely information in reviews, including— “(aa) criteria for determining the general duration of the usefulness of the review; and “(bb) the timeline for updating any out-of-date review; “(III) describe— “(aa) the relationship between programmatic analysis and future tiered analysis; and “(bb) the role of the public in the creation of future tiered analysis; and “(IV) are available to other relevant Federal and State agencies, Indian tribes, and the public; “(iv) Time period. Public notice and comments. allow not fewer than 60 days of public notice and comment on any proposed rule; and “(v) address any comments received under clause (iv).” . (b) Federal Lead Agency.— Section 139(c) of title 23, United States Code, is amended— (1) in paragraph (1)— (A) by striking “The Department of Transportation” and inserting the following: “(A) In general.— The Department of Transportation” ; and (B) by adding at the end the following: “(B) Modal administration.— If the project requires approval from more than 1 modal administration within the Department, the Secretary may designate a single modal administration to serve as the Federal lead agency for the Department in the environmental review process for the project.” . (c) Participating Agencies.— Section 139(d) of title 23, United States Code, is amended— (1) by striking paragraph (4) and inserting the following: “(4) Effect of designation.— “(A) Requirement.— A participating agency shall comply with the requirements of this section. “(B) Implication.— Designation as a participating agency under this subsection shall not imply that the participating agency— “(i) supports a proposed project; or “(ii) has any jurisdiction over, or special expertise with respect to evaluation of, the project.” ; and (2) by striking paragraph (7) and inserting the following: “(7) Concurrent reviews.— Each participating agency and cooperating agency shall— “(A) carry out the obligations of that agency under other applicable law concurrently, and in conjunction, with the review required under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), unless doing so would impair the ability of the Federal agency to conduct needed analysis or otherwise carry out those obligations; and “(B) formulate and implement administrative, policy, and procedural mechanisms to enable the agency to ensure completion of the environmental review process in a timely, coordinated, and environmentally responsible manner.” . (d) Project Initiation.— Section 139(e) of title 23, United States Code, is amended— (1) by striking “The project sponsor” and inserting the following: “(1) In general.— The project sponsor” ; and (2) by adding at the end the following: “(2) Submission of documents.— The project sponsor may satisfy the requirement under paragraph (1) by submitting to the Secretary any relevant documents containing the information described in that paragraph, including a draft notice for publication in the Federal Register announcing the preparation of an environmental review for the project.” . (e) Coordination and Scheduling.— Section 139(g)(1)(B)(i) of title 23, United States Code, is amended by inserting “and the concurrence of” after “consultation with”. SEC. 1306. ACCELERATED DECISIONMAKING.   Section 139(h) of title 23, United States Code, is amended by striking paragraph (4) and inserting the following: “(4) Interim decision on achieving accelerated decisionmaking.— “(A) In general.— Not later than 30 days after the close of the public comment period on a draft environmental impact statement, the Secretary may convene a meeting with the project sponsor, lead agency, resource agencies, and any relevant State agencies to ensure that all parties are on schedule to meet deadlines for decisions to be made regarding the project. “(B) Deadlines.— The deadlines referred to in subparagraph (A) shall be those established under subsection (g), or any other deadlines established by the lead agency, in consultation with the project sponsor and other relevant agencies. “(C) Failure to assure.— If the relevant agencies cannot provide reasonable assurances that the deadlines described in subparagraph (B) will be met, the Secretary may initiate the issue resolution and referral process described under paragraph (5) and before the completion of the record of decision. “(5) Accelerated issue resolution and referral.— “(A) Agency issue resolution meeting.— “(i) In general.— A Federal agency of jurisdiction, project sponsor, or the Governor of a State in which a project is located may request an issue resolution meeting to be conducted by the lead agency. “(ii) Action by lead agency.— The lead agency shall convene an issue resolution meeting under clause (i) with the relevant participating agencies and the project sponsor, including the Governor only if the meeting was requested by the Governor, to resolve issues that could— “(I) delay completion of the environmental review process; or “(II) result in denial of any approvals required for the project under applicable laws. “(iii) Date.— A meeting requested under this subparagraph shall be held by not later than 21 days after the date of receipt of the request for the meeting, unless the lead agency determines that there is good cause to extend the time for the meeting. “(iv) Notification.— On receipt of a request for a meeting under this subparagraph, the lead agency shall notify all relevant participating agencies of the request, including the issue to be resolved, and the date for the meeting. “(v) Disputes.— If a relevant participating agency with jurisdiction over an approval required for a project under applicable law determines that the relevant information necessary to resolve the issue has not been obtained and could not have been obtained within a reasonable time, but the lead agency disagrees, the resolution of the dispute shall be forwarded to the heads of the relevant agencies for resolution. “(vi) Convention by lead agency.— A lead agency may convene an issue resolution meeting under this subsection at any time without the request of the Federal agency of jurisdiction, project sponsor, or the Governor of a State. “(B) Elevation of issue resolution.— “(i) In general.— If issue resolution is not achieved by not later than 30 days after the date of a relevant meeting under subparagraph (A), the Secretary shall notify the lead agency, the heads of the relevant participating agencies, and the project sponsor (including the Governor only if the initial issue resolution meeting request came from the Governor) that an issue resolution meeting will be convened. “(ii) Requirements.— The Secretary shall identify the issues to be addressed at the meeting and convene the meeting not later than 30 days after the date of issuance of the notice. “(C) Referral of issue resolution.— “(i) Referral to council on environmental quality.— “(I) In general.— If resolution is not achieved by not later than 30 days after the date of an issue resolution meeting under subparagraph (B), the Secretary shall refer the matter to the Council on Environmental Quality. “(II) Meeting.— Not later than 30 days after the date of receipt of a referral from the Secretary under subclause (I), the Council on Environmental Quality shall hold an issue resolution meeting with the lead agency, the heads of relevant participating agencies, and the project sponsor (including the Governor only if an initial request for an issue resolution meeting came from the Governor). “(ii) Referral to the president.— If a resolution is not achieved by not later than 30 days after the date of the meeting convened by the Council on Environmental Quality under clause (i)(II), the Secretary shall refer the matter directly to the President. “(6) Financial penalty provisions.— “(A) In general.— A Federal agency of jurisdiction over an approval required for a project under applicable laws shall complete any required approval on an expeditious basis using the shortest existing applicable process. “(B) Failure to decide.— “(i) In general.— If an agency described in subparagraph (A) fails to render a decision under any Federal law relating to a project that requires the preparation of an environmental impact statement or environmental assessment, including the issuance or denial of a permit, license, or other approval by the date described in clause (ii), an amount of funding equal to the amounts specified in subclause (I) or (II) shall be rescinded from the applicable office of the head of the agency, or equivalent office to which the authority for rendering the decision has been delegated by law by not later than 1 day after the applicable date under clause (ii), and once each week thereafter until a final decision is rendered, subject to subparagraph (C)— “(I) $20,000 for any project for which an annual financial plan under section 106(i) is required; or “(II) $10,000 for any other project requiring preparation of an environmental assessment or environmental impact statement. “(ii) Description of date.— The date referred to in clause (i) is the later of— “(I) the date that is 180 days after the date on which an application for the permit, license, or approval is complete; and “(II) the date that is 180 days after the date on which the Federal lead agency issues a decision on the project under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). “(C) Limitations.— “(i) In general.— No rescission of funds under subparagraph (B) relating to an individual project shall exceed, in any fiscal year, an amount equal to 2.5 percent of the funds made available for the applicable agency office. “(ii) Failure to decide.— The total amount rescinded in a fiscal year as a result of a failure by an agency to make a decision by an applicable deadline shall not exceed an amount equal to 7 percent of the funds made available for the applicable agency office for that fiscal year. “(D) No fault of agency.— A rescission of funds under this paragraph shall not be made if the lead agency for the project certifies that— “(i) the agency has not received necessary information or approvals from another entity, such as the project sponsor, in a manner that affects the ability of the agency to meet any requirements under State, local, or Federal law; or “(ii) significant new information or circumstances, including a major modification to an aspect of the project, requires additional analysis for the agency to make a decision on the project application. “(E) Limitation.— The Federal agency with jurisdiction for the decision from which funds are rescinded pursuant to this paragraph shall not reprogram funds to the office of the head of the agency, or equivalent office, to reimburse that office for the loss of the funds. “(F) Audits.— In any fiscal year in which any funds are rescinded from a Federal agency pursuant to this paragraph, the Inspector General of that agency shall— “(i) conduct an audit to assess compliance with the requirements of this paragraph; and “(ii) not later than 120 days after the end of the fiscal year during which the rescission occurred, submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report describing the reasons why the transfers were levied, including allocations of resources. “(G) Effect of paragraph.— Nothing in this paragraph affects or limits the application of, or obligation to comply with, any Federal, State, local, or tribal law. “(7) Expedient decisions and reviews.— To ensure that Federal environmental decisions and reviews are expeditiously made— “(A) adequate resources made available under this title shall be devoted to ensuring that applicable environmental reviews under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) are completed on an expeditious basis and that the shortest existing applicable process under that Act is implemented; and “(B) President. Deadline. Reports. the President 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, not less frequently than once every 120 days after the date of enactment of the MAP–21, a report on the status and progress of the following projects and activities funded under this title with respect to compliance with applicable requirements under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.): “(i) Projects and activities required to prepare an annual financial plan under section 106(i). “(ii) A sample of not less than 5 percent of the projects requiring preparation of an environmental impact statement or environmental assessment in each State.” . SEC. 1307. ASSISTANCE TO AFFECTED FEDERAL AND STATE AGENCIES.   Section 139(j) of title 23, United States Code, is amended by adding at the end the following: “(6) Memorandum of understanding.— Prior to providing funds approved by the Secretary for dedicated staffing at an affected Federal agency under paragraphs (1) and (2), the affected Federal agency and the State agency shall enter into a memorandum of understanding that establishes the projects and priorities to be addressed by the use of the funds.” . SEC. 1308. LIMITATIONS ON CLAIMS.   Section 139(l) of title 23, United States Code, is amended— (1) in paragraph (1) by striking “180 days” and inserting “150 days”; and (2) in paragraph (2) by striking “180 days” and inserting “150 days”. SEC. 1309. ACCELERATING COMPLETION OF COMPLEX PROJECTS WITHIN 4 YEARS.   Section 139 of title 23, United States Code, is amended by adding at the end the following: “(m) Enhanced Technical Assistance and Accelerated Project Completion.— “(1) Definition of covered project.— In this subsection, the term ‘covered project’ means a project— “(A) that has an ongoing environmental impact statement under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); and “(B) for which at least 2 years, beginning on the date on which a notice of intent is issued, have elapsed without the issuance of a record of decision. “(2) Technical assistance.— At the request of a project sponsor or the Governor of a State in which a project is located, the Secretary shall provide additional technical assistance to resolve for a covered project any outstanding issues and project delay, including by— “(A) providing additional staff, training, and expertise; “(B) facilitating interagency coordination; “(C) promoting more efficient collaboration; and “(D) supplying specialized onsite assistance. “(3) Scope of work.— “(A) In general.— In providing technical assistance for a covered project under this subsection, the Secretary shall establish a scope of work that describes the actions that the Secretary will take to resolve the outstanding issues and project delays, including establishing a schedule under subparagraph (B). “(B) Schedule.— “(i) In general.— The Secretary shall establish and meet a schedule for the completion of any permit, approval, review, or study, required for the covered project by the date that is not later than 4 years after the date on which a notice of intent for the covered project is issued. “(ii) Inclusions.— The schedule under clause (i) shall— “(I) comply with all applicable laws; “(II) require the concurrence of the Council on Environmental Quality and each participating agency for the project with the State in which the project is located or the project sponsor, as applicable; and “(III) reflect any new information that becomes available and any changes in circumstances that may result in new significant impacts that could affect the timeline for completion of any permit, approval, review, or study required for the covered project. “(4) Consultation.— In providing technical assistance for a covered project under this subsection, the Secretary shall consult, if appropriate, with resource and participating agencies on all methods available to resolve the outstanding issues and project delays for a covered project as expeditiously as possible. “(5) Enforcement.— “(A) In general.— All provisions of this section shall apply to this subsection, including the financial penalty provisions under subsection (h)(6). “(B) Restriction.— If the Secretary enforces this subsection under subsection (h)(6), the Secretary may use a date included in a schedule under paragraph (3)(B) that is created pursuant to and is in compliance with this subsection in lieu of the dates under subsection (h)(6)(B)(ii).” . SEC. 1310. INTEGRATION OF PLANNING AND ENVIRONMENTAL REVIEW. (a) In General.— Chapter 1 of title 23, United States Code (as amended by section 1115(a)), is amended by adding at the end the following: “§ 168. Integration of planning and environmental review “(a) Definitions.— In this section, the following definitions apply: “(1) Environmental review process.— The term ‘environmental review process’ means the process for preparing for a project an environmental impact statement, environmental assessment, categorical exclusion, or other document prepared under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). “(2) Planning product.— The term ‘planning product’ means a detailed and timely decision, analysis, study, or other documented information that— “(A) is the result of an evaluation or decisionmaking process carried out during transportation planning, including a detailed corridor plan or a transportation plan developed under section 134 that fully analyzes impacts on mobility, adjacent communities, and the environment; “(B) is intended to be carried into the transportation project development process; and “(C) has been approved by the State, all local and tribal governments where the project is located, and by any relevant metropolitan planning organization. “(3) Project.— The term ‘project’ has the meaning given the term in section 139(a). “(4) Project sponsor.— The term ‘project sponsor’ has the meaning given the term in section 139(a). “(b) Adoption of Planning Products for Use in NEPA Proceedings.— “(1) In general.— Subject to the conditions set forth in subsection (d), the Federal lead agency for a project may adopt and use a planning product in proceedings relating to any class of action in the environmental review process of the project. “(2) Identification.— When the Federal lead agency makes a determination to adopt and use a planning product, the Federal lead agency shall identify those agencies that participated in the development of the planning products. “(3) Partial adoption of planning products.— The Federal lead agency may adopt a planning product under paragraph (1) in its entirety or may select portions for adoption. “(4) Timing.— A determination under paragraph (1) with respect to the adoption of a planning product may be made at the time the lead agencies decide the appropriate scope of environmental review for the project but may also occur later in the environmental review process, as appropriate. “(c) Applicability.— “(1) Planning decisions.— Planning decisions that may be adopted pursuant to this section include— “(A) whether tolling, private financial assistance, or other special financial measures are necessary to implement the project; “(B) a decision with respect to modal choice, including a decision to implement corridor or subarea study recommendations to advance different modal solutions as separate projects with independent utility; “(C) a basic description of the environmental setting; “(D) a decision with respect to methodologies for analysis; and “(E) an identification of programmatic level mitigation for potential impacts that the Federal lead agency, in consultation with Federal, State, local, and tribal resource agencies, determines are most effectively addressed at a regional or national program level, including— “(i) system-level measures to avoid, minimize, or mitigate impacts of proposed transportation investments on environmental resources, including regional ecosystem and water resources; and “(ii) potential mitigation activities, locations, and investments. “(2) Planning analyses.— Planning analyses that may be adopted pursuant to this section include studies with respect to— “(A) travel demands; “(B) regional development and growth; “(C) local land use, growth management, and development; “(D) population and employment; “(E) natural and built environmental conditions; “(F) environmental resources and environmentally sensitive areas; “(G) potential environmental effects, including the identification of resources of concern and potential cumulative effects on those resources, identified as a result of a statewide or regional cumulative effects assessment; and “(H) mitigation needs for a proposed action, or for programmatic level mitigation, for potential effects that the Federal lead agency determines are most effectively addressed at a regional or national program level. “(d) Conditions.— Adoption and use of a planning product under this section is subject to a determination by the Federal lead agency, with the concurrence of other participating agencies with relevant expertise and project sponsors as appropriate, and with an opportunity for public notice and comment and consideration of those comments by the Federal lead agency, that the following conditions have been met: “(1) The planning product was developed through a planning process conducted pursuant to applicable Federal law. “(2) The planning product was developed by engaging in active consultation with appropriate Federal and State resource agencies and Indian tribes. “(3) The planning process included broad multidisciplinary consideration of systems-level or corridor-wide transportation needs and potential effects, including effects on the human and natural environment. “(4) During the planning process, notice was provided through publication or other means to Federal, State, local, and tribal governments that might have an interest in the proposed project, and to members of the general public, of the planning products that the planning process might produce and that might be relied on during any subsequent environmental review process, and such entities have been provided an appropriate opportunity to participate in the planning process leading to such planning product. “(5) After initiation of the environmental review process, but prior to determining whether to rely on and use the planning product, the lead Federal agency has made documentation relating to the planning product available to Federal, State, local, and tribal governments that may have an interest in the proposed action, and to members of the general public, and has considered any resulting comments. “(6) There is no significant new information or new circumstance that has a reasonable likelihood of affecting the continued validity or appropriateness of the planning product. “(7) The planning product has a rational basis and is based on reliable and reasonably current data and reasonable and scientifically acceptable methodologies. “(8) The planning product is documented in sufficient detail to support the decision or the results of the analysis and to meet requirements for use of the information in the environmental review process. “(9) The planning product is appropriate for adoption and use in the environmental review process for the project. “(10) The planning product was approved not later than 5 years prior to date on which the information is adopted pursuant to this section. “(e) Effect of Adoption.— Any planning product adopted by the Federal lead agency in accordance with this section may be incorporated directly into an environmental review process document or other environmental document and may be relied upon and used by other Federal agencies in carrying out reviews of the project. “(f) Rules of Construction.— “(1) In general.— This section shall not be construed to make the environmental review process applicable to the transportation planning process conducted under this title and chapter 53 of title 49. “(2) Transportation planning activities.— Initiation of the environmental review process as a part of, or concurrently with, transportation planning activities does not subject transportation plans and programs to the environmental review process. “(3) Planning products.— This section shall not be construed to affect the use of planning products in the environmental review process pursuant to other authorities under any other provision of law or to restrict the initiation of the environmental review process during planning.” . (b) Technical and Conforming Amendment.— The analysis for chapter 1 of title 23, United States Code (as amended by section 1115(b)), is amended by adding at end the following: “Sec. 168.  Integration of planning and environmental review.”. SEC. 1311. DEVELOPMENT OF PROGRAMMATIC MITIGATION PLANS. (a) In General.— Chapter 1 of title 23, United States Code (as amended by section 1310(a)), is amended by adding at the end the following: “§ 169. Development of programmatic mitigation plans “(a) In General.— As part of the statewide or metropolitan transportation planning process, a State or metropolitan planning organization may develop 1 or more programmatic mitigation plans to address the potential environmental impacts of future transportation projects. “(b) Scope.— “(1) Scale.— A programmatic mitigation plan may be developed on a regional, ecosystem, watershed, or statewide scale. “(2) Resources.— The plan may encompass multiple environmental resources within a defined geographic area or may focus on a specific resource, such as aquatic resources, parkland, or wildlife habitat. “(3) Project impacts.— The plan may address impacts from all projects in a defined geographic area or may focus on a specific type of project. “(4) Consultation.— The scope of the plan shall be determined by the State or metropolitan planning organization, as appropriate, in consultation with the agency or agencies with jurisdiction over the resources being addressed in the mitigation plan. “(c) Contents.— A programmatic mitigation plan may include— “(1) an assessment of the condition of environmental resources in the geographic area covered by the plan, including an assessment of recent trends and any potential threats to those resources; “(2) an assessment of potential opportunities to improve the overall quality of environmental resources in the geographic area covered by the plan, through strategic mitigation for impacts of transportation projects; “(3) standard measures for mitigating certain types of impacts; “(4) parameters for determining appropriate mitigation for certain types of impacts, such as mitigation ratios or criteria for determining appropriate mitigation sites; “(5) adaptive management procedures, such as protocols that involve monitoring predicted impacts over time and adjusting mitigation measures in response to information gathered through the monitoring; and “(6) acknowledgment of specific statutory or regulatory requirements that must be satisfied when determining appropriate mitigation for certain types of resources. “(d) Process.— Before adopting a programmatic mitigation plan, a State or metropolitan planning organization shall— “(1) Consultation. consult with each agency with jurisdiction over the environmental resources considered in the programmatic mitigation plan; “(2) make a draft of the plan available for review and comment by applicable environmental resource agencies and the public; “(3) consider any comments received from such agencies and the public on the draft plan; and “(4) address such comments in the final plan. “(e) Integration With Other Plans.— A programmatic mitigation plan may be integrated with other plans, including watershed plans, ecosystem plans, species recovery plans, growth management plans, and land use plans. “(f) Consideration in Project Development and Permitting.— If a programmatic mitigation plan has been developed pursuant to this section, any Federal agency responsible for environmental reviews, permits, or approvals for a transportation project may use the recommendations in a programmatic mitigation plan when carrying out the responsibilities under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). “(g) Preservation of Existing Authorities.— Nothing in this section limits the use of programmatic approaches to reviews under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).” . (b) Technical and Conforming Amendment.— The analysis for chapter 1 of title 23, United States Code (as amended by section 1309(b)), is amended by adding at the end the following: “Sec. 169.  Development of programmatic mitigation plans.”. SEC. 1312. STATE ASSUMPTION OF RESPONSIBILITY FOR CATEGORICAL EXCLUSIONS.   Section 326 of title 23, United States Code, is amended— (1) in subsection (a) by adding at the end the following: “(4) Preservation of flexibility.— The Secretary shall not require a State, as a condition of assuming responsibility under this section, to forego project delivery methods that are otherwise permissible for highway projects.” ; (2) by striking subsection (d) and inserting the following: “(d) Termination.— “(1) Termination by the secretary.— The Secretary may terminate any assumption of responsibility under a memorandum of understanding on a determination that the State is not adequately carrying out the responsibilities assigned to the State. “(2) Termination by the state.— The State may terminate the participation of the State in the program at any time by providing to the Secretary a notice not later than the date that is 90 days before the date of termination, and subject to such terms and conditions as the Secretary may provide.” ; and (3) by adding at the end the following: “(f) Legal Fees.— A State assuming the responsibilities of the Secretary under this section for a specific project may use funds apportioned to the State under section 104(b)(2) for attorney’s fees directly attributable to eligible activities associated with the project.” . SEC. 1313. SURFACE TRANSPORTATION PROJECT DELIVERY PROGRAM. (a) Program Name.— Section 327 of title 23, United States Code, is amended— (1) in the section heading by striking “pilot”; and (2) in subsection (a)(1) by striking “pilot”. (b) Assumption of Responsibility.— Section 327(a)(2) of title 23, United States Code, is amended— (1) in subparagraph (B)— (A) in clause (i) by striking “but”; and (B) by striking clause (ii) and inserting the following: “(ii) at the request of the State, the Secretary may also assign to the State, and the State may assume, the responsibilities of the Secretary with respect to 1 or more railroad, public transportation, or multimodal projects within the State under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); “(iii) in a State that has assumed the responsibilities of the Secretary under clause (ii), a recipient of assistance under chapter 53 of title 49 may request that the Secretary maintain the responsibilities of the Secretary with respect to 1 or more public transportation projects within the State under the National Environmental Policy Act of 1969 (42 U.S.C. 13 4321 et seq.); but “(iv) the Secretary may not assign— “(I) any responsibility imposed on the Secretary by section 134 or 135 or section 5303 or 5304 of title 49; or “(II) responsibility for any conformity determination required under section 176 of the Clean Air Act (42 U.S.C. 7506).” ; and (2) by adding at the end the following: “(F) Preservation of flexibility.— The Secretary may not require a State, as a condition of participation in the program, to forego project delivery methods that are otherwise permissible for projects. “(G) Legal fees.— A State assuming the responsibilities of the Secretary under this section for a specific project may use funds apportioned to the State under section 104(b)(2) for attorneys’ fees directly attributable to eligible activities associated with the project.” . (c) State Participation.— Section 327(b) of title 23, United States Code, is amended— (1) by striking paragraph (1) and inserting the following: “(1) Participating states.— All States are eligible to participate in the program.” ; and (2) in paragraph (2) by striking “date of enactment of this section, the Secretary shall promulgate” and inserting “date on which amendments to this section by the MAP-21 take effect, the Secretary shall amend, as appropriate,”. (d) Written Agreement.— Section 327(c) of title 23, United States Code, is amended— (1) in paragraph (3)(D) by striking the period at the end and inserting a semicolon; and (2) by adding at the end the following: “(4) require the State to provide to the Secretary any information the Secretary considers necessary to ensure that the State is adequately carrying out the responsibilities assigned to the State; “(5) have a term of not more than 5 years; and “(6) be renewable.” . (e) Conforming Amendment.— Section 327(e) of title 23, United States Code, is amended by striking “subsection (i)” and inserting “subsection (j)”. (f) Audits.— Section 327(g)(1)(B) of title 23, United States Code, is amended by striking “subsequent year” and inserting “of the third and fourth years”. (g) Monitoring.— Section 327 of title 23, United States Code, is amended— (1) by redesignating subsections (h) and (i) as subsections (i) and (j), respectively; and (2) by inserting after subsection (g) the following: “(h) Monitoring.— After the fourth year of the participation of a State in the program, the Secretary shall monitor compliance by the State with the written agreement, including the provision by the State of financial resources to carry out the written agreement.” . (h) Termination.— Section 327(j) of title 23, United States Code (as so redesignated), is amended to read as follows: “(j) Termination.— “(1) Termination by the secretary.— The Secretary may terminate the participation of any State in the program if— “(A) the Secretary determines that the State is not adequately carrying out the responsibilities assigned to the State; “(B) the Secretary provides to the State— “(i) Notification. notification of the determination of noncompliance; and “(ii) Time period. a period of at least 30 days during which to take such corrective action as the Secretary determines is necessary to comply with the applicable agreement; and “(C) the State, after the notification and period provided under subparagraph (B), fails to take satisfactory corrective action, as determined by the Secretary. “(2) Termination by the state.— The State may terminate the participation of the State in the program at any time by providing to the Secretary a notice by not later than the date that is 90 days before the date of termination, and subject to such terms and conditions as the Secretary may provide.” . (i) Clerical Amendment.— The item relating to section 327 in the analysis of title 23, United States Code, is amended to read as follows: “327. Surface transportation project delivery program.”. SEC. 1314. APPLICATION OF CATEGORICAL EXCLUSIONS FOR MULTIMODAL PROJECTS. (a) In General.— Section 304 of title 49, United States Code, is amended to read as follows: “§ 304. Application of categorical exclusions for multimodal projects “(a) Definitions.— In this section, the following definitions apply: “(1) Cooperating authority.— The term ‘cooperating authority’ means a Department of Transportation operating authority that is not the lead authority with respect to a project. “(2) Lead authority.— The term ‘lead authority’ means a Department of Transportation operating administration or secretarial office that— “(A) is the lead authority over a proposed multimodal project; and “(B) has determined that the components of the project that fall under the modal expertise of the lead authority— “(i) satisfy the conditions for a categorical exclusion under implementing regulations or procedures of the lead authority under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); and “(ii) do not require the preparation of an environmental assessment or environmental impact statement under that Act. “(3) Multimodal project.— The term ‘multimodal project’ has the meaning given the term in section 139(a) of title 23. “(b) Exercise of Authorities.— The authorities granted in this section may be exercised for a multimodal project, class of projects, or program of projects that are carried out under this title. “(c) Application of Categorical Exclusions for Multimodal Projects.— In considering the environmental impacts of a proposed multimodal project, a lead authority may apply a categorical exclusion designated under the implementing regulations or procedures of a cooperating authority for other components of the project, subject to the conditions that— “(1) the multimodal project is funded under 1 grant agreement administered by the lead authority; “(2) the multimodal project has components that require the expertise of a cooperating authority to assess the environmental impacts of the components; “(3) the component of the project to be covered by the categorical exclusion of the cooperating authority has independent utility; “(4) the cooperating authority, in consultation with the lead authority— “(A) follows implementing regulations or procedures under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); and “(B) determines that a categorical exclusion under that Act applies to the components; and “(5) the lead authority has determined that— “(A) the project, using the categorical exclusions of the lead authority and each applicable cooperating authority, does not individually or cumulatively have a significant impact on the environment; and “(B) extraordinary circumstances do not exist that merit additional analysis and documentation in an environmental impact statement or environmental assessment required under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). “(d) Modal Cooperation.— “(1) In general.— A cooperating authority shall provide modal expertise to the lead authority on such aspects of the multimodal project in which the cooperating authority has expertise. “(2) Use of categorical exclusion.— In a case described in paragraph (1), the 1 or more categorical exclusions of a cooperating authority may be applied by the lead authority once the cooperating authority reviews the project on behalf of the lead authority and determines the project satisfies the conditions for a categorical exclusion under the implementing regulations or procedures of the cooperating authority under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and this section.” . (b) Conforming Amendment.— The item relating to section 304 in the analysis for title 49, United States Code, is amended to read as follows: “304. Application of categorical exclusions for multimodal projects”. SEC. 1315. CATEGORICAL EXCLUSIONS IN EMERGENCIES. (a) In General.— Not later than 30 days after the date of enactment of this Act, for the repair or reconstruction of any road, highway, or bridge that is in operation or under construction when damaged by an emergency declared by the Governor of the State and concurred in by the Secretary, or for a disaster or emergency declared by the President pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.), the Secretary shall publish a notice of proposed rulemaking to treat any such repair or reconstruction activity as a class of action categorically excluded from the requirements relating to environmental assessments or environmental impact statements under section 1508.4 of title 40, Code of Federal Regulations, and section 771.117 of title 23, Code of Federal Regulations (as in effect on the date of enactment of this Act) if such repair or reconstruction activity is— (1) in the same location with the same capacity, dimensions, and design as the original road, highway, or bridge as before the declaration described in this section; and (2) commenced within a 2-year period beginning on the date of a declaration described in this section. (b) Rulemaking.— (1) In general.— The Secretary shall ensure that the rulemaking helps to conserve Federal resources and protects public safety and health by providing for periodic evaluations to determine if reasonable alternatives exist to roads, highways, or bridges that repeatedly require repair and reconstruction activities. (2) Reasonable alternatives.— The reasonable alternatives described in paragraph (1) include actions that could reduce the need for Federal funds to be expended on such repair and reconstruction activities, better protect public safety and health and the environment, and meet transportation needs as described in relevant and applicable Federal, State, local and tribal plans. SEC. 1316. CATEGORICAL EXCLUSIONS FOR PROJECTS WITHIN THE RIGHT-OF-WAY. (a) In General.— The Secretary shall— (1) not later than 180 days after the date of enactment of this Act, designate any project (as defined in section 101(a) of title 23, United States Code) within an existing operational right-of-way as an action categorically excluded from the requirements relating to environmental assessments or environmental impact statements under section 1508.4 of title 40, Code of Federal Regulations, and section 771.117(c) of title 23, Code of Federal Regulations; and (2) not later than 150 days after the date of enactment of this Act, promulgate regulations to carry out paragraph (1). (b) Definition of an Operational Right-of-way.— In this section, the term “operational right-of-way” means all real property interests acquired for the construction, operation, or mitigation of a project (as defined in section 101(a) of title 23, United States Code), including the locations of the roadway, bridges, interchanges, culverts, drainage, clear zone, traffic control signage, landscaping, and any rest areas with direct access to a controlled access highway. SEC. 1317. CATEGORICAL EXCLUSION FOR PROJECTS OF LIMITED FEDERAL ASSISTANCE.   Not later than 180 days after the date of enactment of this Act, the Secretary shall—* (1) designate as an action categorically excluded from the requirements relating to environmental assessments or environmental impact statements under section 1508.4 of title 40, Code of Federal Regulations, and section 771.117(c) of title 23, Code of Federal Regulations, any project— (A) that receives less than $5,000,000 of Federal funds; or (B) with a total estimated cost of not more than $30,000,000 and Federal funds comprising less than 15 percent of the total estimated project cost; and (2) not later than 150 days after the date of enactment of this Act, promulgate regulations to carry out paragraph (1). SEC. 1318. PROGRAMMATIC AGREEMENTS AND ADDITIONAL CATEGORICAL EXCLUSIONS. (a) In General.— Not later than 60 days after the date of enactment of this Act, the Secretary shall— (1) Survey. survey the use by the Department of categorical exclusions in transportation projects since 2005; (2) Publication. publish a review of the survey that includes a description of— (A) the types of actions categorically excluded; and (B) any requests previously received by the Secretary for new categorical exclusions; and (3) solicit requests from State departments of transportation, transit authorities, metropolitan planning organizations, or other government agencies for new categorical exclusions. (b) New Categorical Exclusions.— Not later than 120 days after the date of enactment of this Act, the Secretary shall publish a notice of proposed rulemaking to propose new categorical exclusions received by the Secretary under subsection (a), to the extent that the categorical exclusions meet the criteria for a categorical exclusion under section 1508.4 of title 40, Code of Federal Regulations, and section 771.117(a) of title 23, Code of Federal Regulations (as those regulations are in effect on the date of the notice). (c) Additional Actions.— The Secretary shall issue a proposed rulemaking to move the following types of actions from subsection (d) of section 771.117 of title 23, Code of Federal Regulations (as in effect on the date of enactment of this Act), to subsection (c) of that section, to the extent that such movement complies with the criteria for a categorical exclusion under section 1508.4 of title 40, Code of Federal Regulations (as in effect on the date of enactment of this Act): (1) Modernization of a highway by resurfacing, restoration, rehabilitation, reconstruction, adding shoulders, or adding auxiliary lanes (including parking, weaving, turning, and climbing). (2) Highway safety or traffic operations improvement projects, including the installation of ramp metering control devices and lighting. (3) Bridge rehabilitation, reconstruction, or replacement or the construction of grade separation to replace existing at-grade railroad crossings. (d) Programmatic Agreements.— (1) In general.— The Secretary shall seek opportunities to enter into programmatic agreements with the States that establish efficient administrative procedures for carrying out environmental and other required project reviews. (2) Inclusions.— Programmatic agreements authorized under paragraph (1) may include agreements that allow a State to determine on behalf of the Federal Highway Administration whether a project is categorically excluded from the preparation of an environmental assessment or environmental impact statement under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). (3) Determinations.— An agreement described in paragraph (2) may include determinations by the Secretary of the types of projects categorically excluded (consistent with section 1508.4 of title 40, Code of Federal Regulations) in the State in addition to the types listed in subsections (c) and (d) of section 771.117 of title 23, Code of Federal Regulations (as in effect on the date of enactment of this Act). SEC. 1319. ACCELERATED DECISIONMAKING IN ENVIRONMENTAL REVIEWS. (a) In General.— In preparing a final environmental impact statement under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), if the lead agency modifies the statement in response to comments that are minor and are confined to factual corrections or explanations of why the comments do not warrant additional agency response, the lead agency may write on errata sheets attached to the statement instead of rewriting the draft statement, subject to the condition that the errata sheets— (1) cite the sources, authorities, or reasons that support the position of the agency; and (2) if appropriate, indicate the circumstances that would trigger agency reappraisal or further response. (b) Incorporation.— To the maximum extent practicable, the lead agency shall expeditiously develop a single document that consists of a final environmental impact statement and a record of decision, unless— (1) the final environmental impact statement makes substantial changes to the proposed action that are relevant to environmental or safety concerns; or (2) there are significant new circumstances or information relevant to environmental concerns and that bear on the proposed action or the impacts of the proposed action. SEC. 1320. MEMORANDA OF AGENCY AGREEMENTS FOR EARLY COORDINATION. (a) In General.— It is the sense of Congress that— (1) the Secretary and other Federal agencies with relevant jurisdiction in the environmental review process should cooperate with each other and other agencies on environmental review and project delivery activities at the earliest practicable time to avoid delays and duplication of effort later in the process, head off potential conflicts, and ensure that planning and project development decisions reflect environmental values; and (2) such cooperation should include the development of policies and the designation of staff that advise planning agencies or project sponsors of studies or other information foreseeably required for later Federal action and early consultation with appropriate State and local agencies and Indian tribes. (b) Technical Assistance.— If requested at any time by a State or local planning agency, the Secretary and other Federal agencies with relevant jurisdiction in the environmental review process, shall, to the extent practicable and appropriate, as determined by the agencies, provide technical assistance to the State or local planning agency on accomplishing the early coordination activities described in subsection (d). (c) Memorandum of Agency Agreement.— If requested at any time by a State or local planning agency, the lead agency, in consultation with other Federal agencies with relevant jurisdiction in the environmental review process, may establish memoranda of agreement with the project sponsor, State, and local governments and other appropriate entities to accomplish the early coordination activities described in subsection (d). (d) Early Coordination Activities.— Early coordination activities shall include, to the maximum extent practicable, the following: (1) Technical assistance on identifying potential impacts and mitigation issues in an integrated fashion. (2) The potential appropriateness of using planning products and decisions in later environmental reviews. (3) The identification and elimination from detailed study in the environmental review process of the issues that are not significant or that have been covered by prior environmental reviews. (4) The identification of other environmental review and consultation requirements so that the lead and cooperating agencies may prepare, as appropriate, other required analyses and studies concurrently with planning activities. (5) The identification by agencies with jurisdiction over any permits related to the project of any and all relevant information that will reasonably be required for the project. (6) The reduction of duplication between requirements under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and State and local planning and environmental review requirements, unless the agencies are specifically barred from doing so by applicable law. (7) Timelines for the completion of agency actions during the planning and environmental review processes. (8) Other appropriate factors. SEC. 1321. ENVIRONMENTAL PROCEDURES INITIATIVE. (a) Establishment.— For grant programs under which funds are distributed by formula by the Department, the Secretary shall establish an initiative to review and develop consistent procedures for environmental permitting and procurement requirements that apply to a project carried out under title 23, United States Code, or chapter 53 of title 49, United States Code. (b) Report.— The Secretary shall publish the results of the initiative described in subsection (a) in an electronically accessible format. SEC. 1322. REVIEW OF STATE ENVIRONMENTAL REVIEWS AND APPROVALS FOR THE PURPOSE OF ELIMINATING DUPLICATION OF ENVIRONMENTAL REVIEWS.   For environmental reviews and approvals carried out on projects funded under title 23, United States Code, the Comptroller General of the United States shall— (1) review State laws and procedures for conducting environmental reviews with regard to such projects and identify the States that have environmental laws that provide environmental protections and opportunities for public involvement that are equivalent to those provided by Federal environmental laws; (2) Determination. determine the frequency and cost of environmental reviews carried out at the Federal level that are duplicative of State reviews that provide equivalent environmental protections and opportunities for public involvement; and (3) Deadline. not later than 2 years after the date of enactment of this Act, 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 the results of the review and determination made under this section. SEC. 1323. REVIEW OF FEDERAL PROJECT AND PROGRAM DELIVERY. (a) Completion Time Assessments and Reports.— (1) In general.— For projects funded under title 23, United States Code, the Secretary shall compare— (A) (i) the completion times of categorical exclusions, environmental assessments, and environmental impact statements initiated after calendar year 2005; to (ii) the completion times of categorical exclusions, environmental assessments, and environmental impact statements initiated during a period prior to calendar year 2005; and (B) (i) the completion times of categorical exclusions, environmental assessments, and environmental impact statements initiated during the period beginning on January 1, 2005, and ending on the date of enactment of this Act; to (ii) the completion times of categorical exclusions, environmental assessments, and environmental impact statements initiated after the date of enactment of this Act. (2) Report.— 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) not later than 1 year after the date of enactment of this Act, a report that— (i) describes the results of the review conducted under paragraph (1)(A); and (ii) identifies any change in the timing for completions, including the reasons for any such change and the reasons for delays in excess of 5 years; and (B) not later than 5 years after the date of enactment of this Act, a report that— (i) describes the results of the review conducted under paragraph (1)(B); and (ii) identifies any change in the timing for completions, including the reasons for any such change and the reasons for delays in excess of 5 years. (b) Additional Report.— Not later than 2 years after the date of enactment of this Act, the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a report on the types and justification for the additional categorical exclusions granted under the authority provided under sections 1316 and 1317. (c) GAO Report.— The Comptroller General of the United States shall— (1) assess the reforms carried out under this subtitle (including the amendments made by this subtitle); and (2) not later than 5 years after the date of enactment of this Act, 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 the results of the assessment. (d) Inspector General Report.— The Inspector General of the Department of Transportation shall— (1) assess the reforms carried out under this subtitle (including the amendments made by this subtitle); and (2) 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) not later than 2 years after the date of enactment of this Act, an initial report of the findings of the Inspector General; and (B) not later than 4 years after the date of enactment of this Act, a final report of the findings. Subtitle D— Highway Safety SEC. 1401. JASON’S LAW. (a) In General.— It is the sense of Congress that it is a national priority to address projects under this section for the shortage of long-term parking for commercial motor vehicles on the National Highway System to improve the safety of motorized and nonmotorized users and for commercial motor vehicle operators. (b) Eligible Projects.— Eligible projects under this section are those that— (1) serve the National Highway System; and (2) may include the following: (A) Constructing safety rest areas (as defined in section 120(c) of title 23, United States Code) that include parking for commercial motor vehicles. (B) Constructing commercial motor vehicle parking facilities adjacent to commercial truck stops and travel plazas. (C) Opening existing facilities to commercial motor vehicle parking, including inspection and weigh stations and park-and-ride facilities. (D) Promoting the availability of publicly or privately provided commercial motor vehicle parking on the National Highway System using intelligent transportation systems and other means. (E) Constructing turnouts along the National Highway System for commercial motor vehicles. (F) Making capital improvements to public commercial motor vehicle parking facilities currently closed on a seasonal basis to allow the facilities to remain open year-round. (G) Improving the geometric design of interchanges on the National Highway System to improve access to commercial motor vehicle parking facilities. (c) Survey and Comparative Assessment.— (1) In general.— Not later than 18 months after the date of enactment of this Act, the Secretary, in consultation with relevant State motor carrier safety personnel, shall conduct a survey of each State— (A) to evaluate the capability of the State to provide adequate parking and rest facilities for commercial motor vehicles engaged in interstate transportation; (B) to assess the volume of commercial motor vehicle traffic in the State; and (C) to develop a system of metrics to measure the adequacy of commercial motor vehicle parking facilities in the State. (2) Results.— The results of the survey under paragraph (1) shall be made available to the public on the website of the Department of Transportation. (3) Periodic updates.— The Secretary shall periodically update the survey under this subsection. (d) Electric Vehicle and Natural Gas Vehicle Infrastructure.— (1) In general.— Except as provided in paragraph (2), a State may establish electric vehicle charging stations or natural gas vehicle refueling stations for the use of battery-powered or natural gas-fueled trucks or other motor vehicles at any parking facility funded or authorized under this Act or title 23, United States Code. (2) Exception.— Electric vehicle battery charging stations or natural gas vehicle refueling stations may not be established or supported under paragraph (1) if commercial establishments serving motor vehicle users are prohibited by section 111 of title 23, United States Code. (3) Funds.— Charging or refueling stations described in paragraph (1) shall be eligible for the same funds as are available for the parking facilities in which the stations are located. (e) Treatment of Projects.— Notwithstanding any other provision of law, projects funded through the authority provided under this section shall be treated as projects on a Federal-aid highway under chapter 1 of title 23, United States Code. SEC. 1402. OPEN CONTAINER REQUIREMENTS.   Section 154(c) of title 23, United States Code, is amended— (1) by striking paragraph (2) and inserting the following: “(2) Fiscal year 2012 and thereafter.— “(A) Reservation of funds.— On October 1, 2011, and each October 1 thereafter, if a State has not enacted or is not enforcing an open container law described in subsection (b), the Secretary shall reserve an amount equal to 2.5 percent of the funds to be apportioned to the State on that date under each of paragraphs (1) and (2) of section 104(b) until the State certifies to the Secretary the means by which the State will use those reserved funds in accordance with subparagraphs (A) and (B) of paragraph (1) and paragraph (3). “(B) Transfer of funds.— As soon as practicable after the date of receipt of a certification from a State under subparagraph (A), the Secretary shall— “(i) transfer the reserved funds identified by the State for use as described in subparagraphs (A) and (B) of paragraph (1) to the apportionment of the State under section 402; and “(ii) release the reserved funds identified by the State as described in paragraph (3).” ; (2) by striking paragraph (3) and inserting the following: “(3) Use for highway safety improvement program.— “(A) In general.— A State may elect to use all or a portion of the funds transferred under paragraph (2) for activities eligible under section 148. “(B) State departments of transportation.— If the State makes an election under subparagraph (A), the funds shall be transferred to the department of transportation of the State, which shall be responsible for the administration of the funds.” ; and (3) by striking paragraph (5) and inserting the following: “(5) Derivation of amount to be transferred.— The amount to be transferred under paragraph (2) may be derived from the following: “(A) The apportionment of the State under section 104(b)(l). “(B) The apportionment of the State under section 104(b)(2).” . SEC. 1403. MINIMUM PENALTIES FOR REPEAT OFFENDERS FOR DRIVING WHILE INTOXICATED OR DRIVING UNDER THE INFLUENCE. (a) Definitions.— Section 164(a) of title 23, United States Code, is amended— (1) by striking paragraph (3); (2) by redesignating paragraphs (4) and (5) as paragraphs (3) and (4), respectively; and (3) in paragraph (4) (as so redesignated) by striking subparagraph (A) and inserting the following: “(A) receive— “(i) a suspension of all driving privileges for not less than 1 year; or “(ii) a suspension of unlimited driving privileges for 1 year, allowing for the reinstatement of limited driving privileges subject to restrictions and limited exemptions as established by State law, if an ignition interlock device is installed for not less than 1 year on each of the motor vehicles owned or operated, or both, by the individual;” . (b) Transfer of Funds.— Section 164(b) of title 23, United States Code, is amended— (1) by striking paragraph (2) and inserting the following: “(2) Fiscal year 2012 and thereafter.— “(A) Reservation of funds.— On October 1, 2011, and each October 1 thereafter, if a State has not enacted or is not enforcing a repeat intoxicated driver law, the Secretary shall reserve an amount equal to 2.5 percent of the funds to be apportioned to the State on that date under each of paragraphs (1) and (2) of section 104(b) until the State certifies to the Secretary the means by which the States will use those reserved funds among the uses authorized under subparagraphs (A) and (B) of paragraph (1), and paragraph (3). “(B) Transfer of funds.— As soon as practicable after the date of receipt of a certification from a State under subparagraph (A), the Secretary shall— “(i) transfer the reserved funds identified by the State for use as described in subparagraphs (A) and (B) of paragraph (1) to the apportionment of the State under section 402; and “(ii) release the reserved funds identified by the State as described in paragraph (3).” ; (2) by striking paragraph (3) and inserting the following: “(3) Use for highway safety improvement program.— “(A) In general.— A State may elect to use all or a portion of the funds transferred under paragraph (2) for activities eligible under section 148. “(B) State departments of transportation.— If the State makes an election under subparagraph (A), the funds shall be transferred to the department of transportation of the State, which shall be responsible for the administration of the funds.” ; and (3) by striking paragraph (5) and inserting the following: “(5) Derivation of amount to be transferred.— The amount to be transferred under paragraph (2) may be derived from the following: “(A) The apportionment of the State under section 104(b)(1). “(B) The apportionment of the State under section 104(b)(2).” . SEC. 1404. ADJUSTMENTS TO PENALTY PROVISIONS. (a) Vehicle Weight Limitations.— Section 127(a)(1) of title 23, United States Code, is amended by striking “No funds shall be apportioned in any fiscal year under section 104(b)(1) of this title to any State which” and inserting “The Secretary shall withhold 50 percent of the apportionment of a State under section 104(b)(1) in any fiscal year in which the State”. (b) Control of Junkyards.— Section 136 of title 23, United States Code, is amended— (1) in subsection (b), in the first sentence— (A) by striking “10 per centum” and inserting “7 percent”; and (B) by striking “section 104 of this title” and inserting “paragraphs (1) through (5) of section 104(b)”; and (2) by adding at the end the following: “(n) Definitions.— For purposes of this section, the terms ‘primary system’ and ‘Federal-aid primary system’ mean any highway that is on the National Highway System, which includes the Interstate Highway System.” . (c) Enforcement of Vehicle Size and Weight Laws.— Section 141(b)(2) of title 23, United States Code, is amended— (1) by striking “10 per centum” and inserting “7 percent”; and (2) by striking “section 104 of this title” and inserting “paragraphs (1) through (5) of section 104(b)”. (d) Proof of Payment of the Heavy Vehicle Use Tax.— Section 141(c) of title 23, United States Code, is amended— (1) by striking “section 104(b)(4)” each place it appears and inserting “section 104(b)(1)”; and (2) in the first sentence by striking “25 per centum” and inserting “8 percent”. (e) Use of Safety Belts.— Section 153(h) of title 23, United States Code, is amended— (1) by striking paragraph (1); (2) by redesignating paragraph (2) as paragraph (1); (3) in paragraph (1) (as so redesignated)— (A) by striking the paragraph heading and inserting “Prior to fiscal year 2012”; and (B) by inserting “and before October 1, 2011,” after “September 30, 1994,”; and (4) by inserting after paragraph (1) (as so redesignated) the following: “(2) Fiscal year 2012 and thereafter.— If, at any time in a fiscal year beginning after September 30, 2011, a State does not have in effect a law described in subsection (a)(2), the Secretary shall transfer an amount equal to 2 percent of the funds apportioned to the State for the succeeding fiscal year under each of paragraphs (1) through (3) of section 104(b) to the apportionment of the State under section 402.” . (f) National Minimum Drinking Age.— Section 158(a)(1) of title 23, United States Code, is amended— (1) by striking “The Secretary” and inserting the following: “(A) Fiscal years before 2012.— The Secretary” ; and (2) by adding at the end the following: “(B) Fiscal year 2012 and thereafter.— For fiscal year 2012 and each fiscal year thereafter, the amount to be withheld under this section shall be an amount equal to 8 percent of the amount apportioned to the noncompliant State, as described in subparagraph (A), under paragraphs (1) and (2) of section 104(b).” . (g) Drug Offenders.— Section 159 of title 23, United States Code, is amended— (1) in subsection (a)— (A) by striking paragraph (1); (B) by redesignating paragraph (2) as paragraph (1); (C) in paragraph (1) (as so redesignated) by striking “(including any amounts withheld under paragraph (1))”; and (D) by inserting after paragraph (1) (as so redesignated) the following: “(2) Fiscal year 2012 and thereafter.— The Secretary shall withhold an amount equal to 8 percent of the amount required to be apportioned to any State under each of paragraphs (1) and (2) of section 104(b) on the first day of each fiscal year beginning after September 30, 2011, if the State fails to meet the requirements of paragraph (3) on the first day of the fiscal year.” ; and (2) by striking subsection (b) and inserting the following: “(b) Effect of Noncompliance.— No funds withheld under this section from apportionments to any State shall be available for apportionment to that State.” . (h) Zero Tolerance Blood Alcohol Concentration for Minors.— Section 161(a) of title 23, United States Code, is amended— (1) by striking paragraph (1); (2) by redesignating paragraph (2) as paragraph (1); (3) in paragraph (1) (as so redesignated)— (A) by striking the paragraph heading and inserting “Prior to fiscal year 2012”; and (B) by inserting “through fiscal year 2011” after “each fiscal year thereafter”; and (4) by inserting after paragraph (1) (as so redesignated) the following: “(2) Fiscal year 2012 and thereafter.— The Secretary shall withhold an amount equal to 8 percent of the amount required to be apportioned to any State under each of paragraphs (1) and (2) of section 104(b) on October 1, 2011, and on October 1 of each fiscal year thereafter, if the State does not meet the requirement of paragraph (3) on that date.” . (i) Operation of Motor Vehicles by Intoxicated Persons.— Section 163(e) of title 23, United States Code, is amended by striking paragraphs (1) and (2) and inserting the following: “(1) Fiscal years 2007 through 2011.— On October 1, 2006, and October 1 of each fiscal year thereafter through fiscal year 2011, if a State has not enacted or is not enforcing a law described in subsection (a), the Secretary shall withhold an amount equal to 8 percent of the amounts to be apportioned to the State on that date under each of paragraphs (1), (3), and (4) of section 104(b). “(2) Fiscal year 2012 and thereafter.— On October 1, 2011, and October 1 of each fiscal year thereafter, if a State has not enacted or is not enforcing a law described in subsection (a), the Secretary shall withhold an amount equal to 6 percent of the amounts to be apportioned to the State on that date under each of paragraphs (1) and (2) of section 104(b).” . (j) Commercial Driver’s License.— Section 31314 of title 49, United States Code, is amended— (1) by redesignating subsection (c) as subsection (d); and (2) by inserting after subsection (b) the following: “(c) Penalties Imposed in Fiscal Year 2012 and Thereafter.— Effective beginning on October 1, 2011— “(1) the penalty for the first instance of noncompliance by a State under this section shall be not more than an amount equal to 4 percent of funds required to be apportioned to the noncompliant State under paragraphs (1) and (2) of section 104(b) of title 23; and “(2) the penalty for subsequent instances of noncompliance shall be not more than an amount equal to 8 percent of funds required to be apportioned to the noncompliant State under paragraphs (1) and (2) of section 104(b) of title 23.” . SEC. 1405. HIGHWAY WORKER SAFETY.   Not later than 60 days after the date of enactment of this Act, the Secretary shall modify section 630.1108(a) of title 23, Code of Federal Regulations (as in effect on the date of enactment of this Act), to ensure that— (1) at a minimum, positive protective measures are used to separate workers on highway construction projects from motorized traffic in all work zones conducted under traffic in areas that offer workers no means of escape (such as tunnels and bridges), unless an engineering study determines otherwise; (2) temporary longitudinal traffic barriers are used to protect workers on highway construction projects in long-duration stationary work zones when the project design speed is anticipated to be high and the nature of the work requires workers to be within 1 lane-width from the edge of a live travel lane, unless— (A) an analysis by the project sponsor determines otherwise; or (B) the project is outside of an urbanized area and the annual average daily traffic load of the applicable road is less than 100 vehicles per hour; and (3) when positive protective devices are necessary for highway construction projects, those devices are paid for on a unit-pay basis, unless doing so would create a conflict with innovative contracting approaches, such as design-build or some performance-based contracts under which the contractor is paid to assume a certain risk allocation and payment is generally made on a lump-sum basis. Subtitle E— Miscellaneous SEC. 1501. REAL-TIME RIDESHARING.   Paragraph (3) of section 101(a) of title 23, United States Code (as redesignated by section 1103(a)(2)), is amended by striking “and designating existing facilities for use for preferential parking for carpools” and inserting “designating existing facilities for use for preferential parking for carpools, and real-time ridesharing projects, such as projects where drivers, using an electronic transfer of funds, recover costs directly associated with the trip provided through the use of location technology to quantify those direct costs, subject to the condition that the cost recovered does not exceed the cost of the trip provided”. SEC. 1502. PROGRAM EFFICIENCIES.   The first sentence of section 102(b) of title 23, United States Code, is amended by striking “made available for such engineering” and inserting “reimbursed for the preliminary engineering”. SEC. 1503. PROJECT APPROVAL AND OVERSIGHT. (a) In General.— Section 106 of title 23, United States Code, is amended— (1) in subsection (a)(2) by inserting “recipient” before “formalizing”; (2) in subsection (c)— (A) in paragraph (1)— (i) in the heading, by striking “Non-interstate”; (ii) by striking “but not on the Interstate System”; and inserting “, including projects on the Interstate System”; and (iii) by striking “of projects” and all that follows through the period at the end and inserting “with respect to the projects unless the Secretary determines that the assumption is not appropriate.”; and (B) by striking paragraph (4) and inserting the following: “(4) Limitation on interstate projects.— “(A) In general.— The Secretary shall not assign any responsibilities to a State for projects the Secretary determines to be in a high risk category, as defined under subparagraph (B). “(B) High risk categories.— The Secretary may define the high risk categories under this subparagraph on a national basis, a State-by-State basis, or a national and State-by-State basis, as determined to be appropriate by the Secretary.” ; (3) in subsection (e)— (A) in paragraph (1)(A)— (i) in the matter preceding clause (i)— (I) by striking “concept” and inserting “planning”; and (II) by striking “multidisciplined” and inserting “multidisciplinary”; and (ii) by striking clause (i) and inserting the following: “(i) providing the needed functions safely, reliably, and at the lowest overall lifecycle cost;” ; (B) in paragraph (2)— (i) in the matter preceding subparagraph (A) by striking “or other cost-reduction analysis”; (ii) in subparagraph (A)— (I) by striking “Federal-aid system” and inserting “National Highway System receiving Federal assistance”; and (II) by striking “$25,000,000” and inserting “$50,000,000”; and (iii) in subparagraph (B)— (I) by inserting “on the National Highway System receiving Federal assistance” after “a bridge project”; and (II) by striking “$20,000,000” and inserting “$40,000,000”; and (C) by striking paragraph (4) and inserting the following: “(4) Requirements.— “(A) Value engineering program.— The State shall develop and carry out a value engineering program that— “(i) establishes and documents value engineering program policies and procedures; “(ii) ensures that the required value engineering analysis is conducted before completing the final design of a project; “(iii) ensures that the value engineering analysis that is conducted, and the recommendations developed and implemented for each project, are documented in a final value engineering report; and “(iv) Reports. monitors, evaluates, and annually submits to the Secretary a report that describes the results of the value analyses that are conducted and the recommendations implemented for each of the projects described in paragraph (2) that are completed in the State. “(B) Bridge projects.— The value engineering analysis for a bridge project under paragraph (2) shall— “(i) include bridge superstructure and substructure requirements based on construction material; and “(ii) be evaluated by the State— “(I) on engineering and economic bases, taking into consideration acceptable designs for bridges; and “(II) using an analysis of lifecycle costs and duration of project construction. “(5) Design-build projects.— A requirement to provide a value engineering analysis under this subsection shall not apply to a project delivered using the design-build method of construction.” ; (4) in subsection (h)— (A) in paragraph (1)(B) by inserting “, including a phasing plan when applicable” after “financial plan”; and (B) by striking paragraph (3) and inserting the following: “(3) Financial plan.— A financial plan— “(A) shall be based on detailed estimates of the cost to complete the project; “(B) shall provide for the annual submission of updates to the Secretary that are based on reasonable assumptions, as determined by the Secretary, of future increases in the cost to complete the project; “(C) may include a phasing plan that identifies fundable incremental improvements or phases that will address the purpose and the need of the project in the short term in the event there are insufficient financial resources to complete the entire project. If a phasing plan is adopted for a project pursuant to this section, the project shall be deemed to satisfy the fiscal constraint requirements in the statewide and metropolitan planning requirements in sections 134 and 135; and “(D) shall assess the appropriateness of a public-private partnership to deliver the project.” ; and (5) by adding at the end the following: “(j) Use of Advanced Modeling Technologies.— “(1) Definition of advanced modeling technology.— In this subsection, the term ‘advanced modeling technology’ means an available or developing technology, including 3-dimensional digital modeling, that can— “(A) accelerate and improve the environmental review process; “(B) increase effective public participation; “(C) enhance the detail and accuracy of project designs; “(D) increase safety; “(E) accelerate construction, and reduce construction costs; or “(F) otherwise expedite project delivery with respect to transportation projects that receive Federal funding. “(2) Program.— With respect to transportation projects that receive Federal funding, the Secretary shall encourage the use of advanced modeling technologies during environmental, planning, financial management, design, simulation, and construction processes of the projects. “(3) Activities.— In carrying out paragraph (2), the Secretary shall— “(A) compile information relating to advanced modeling technologies, including industry best practices with respect to the use of the technologies; “(B) disseminate to States information relating to advanced modeling technologies, including industry best practices with respect to the use of the technologies; and “(C) promote the use of advanced modeling technologies. “(4) Comprehensive plan.— The Secretary shall develop and publish on the public website of the Department of Transportation a detailed and comprehensive plan for the implementation of paragraph (2).” . (b) Review of Oversight Program.— (1) In general.— The Secretary shall review the oversight program established under section 106(g) of title 23, United States Code, to determine the efficacy of the program in monitoring the effective and efficient use of funds authorized to carry out title 23, United States Code. (2) Minimum requirements for review.— At a minimum, the review under paragraph (1) shall assess the capability of the program to— (A) identify projects funded under title 23, United States Code, for which there are cost or schedule overruns; and (B) evaluate the extent of such overruns. (3) Report to congress.— Not later than 2 years after the date of enactment of this Act, the Secretary shall transmit 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 on the results of the review conducted under paragraph (1), which shall include recommendations for legislative changes to improve the oversight program established under section 106(g) of title 23, United States Code. (c) Transparency and Accountability.— (1) Data collection.— The Secretary shall compile and make available on the public website of the Department of Transportation the annual expenditure data for funds made available under title 23 and chapter 53 of title 49, United States Code. (2) Requirements.— In carrying out paragraph (1), the Secretary shall ensure that the data made available on the public website of the Department of Transportation— (A) is organized by project and State; (B) to the maximum extent practicable, is updated regularly to reflect the current status of obligations, expenditures, and Federal-aid projects; and (C) can be searched and downloaded by users of the website. (3) Report to congress.— The Secretary shall annually submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works and the Committee on Banking, Housing, and Urban Affairs of the Senate a report containing a summary of the data described in paragraph (1) for the 1-year period ending on the date on which the report is submitted. SEC. 1504. STANDARDS.   Section 109 of title 23, United States Code, is amended by adding at the end the following: “(r) Pavement Markings.— The Secretary shall not approve any pavement markings project that includes the use of glass beads containing more than 200 parts per million of arsenic or lead, as determined in accordance with Environmental Protection Agency testing methods 3052, 6010B, or 6010C.” . SEC. 1505. JUSTIFICATION REPORTS FOR ACCESS POINTS ON THE INTERSTATE SYSTEM.   Section 111 of title 23, United States Code, is amended by adding at the end the following: “(e) Justification Reports.— If the Secretary requests or requires a justification report for a project that would add a point of access to, or exit from, the Interstate System, the Secretary may permit a State transportation department to approve the report.” . SEC. 1506. CONSTRUCTION.   Section 114(b) of title 23, United States Code, is amended— (1) in subsection (b)— (A) by striking paragraph (1) and inserting the following: “(1) Limitation on convict labor.— Convict labor shall not be used in construction of Federal-aid highways or portions of Federal-aid highways unless the labor is performed by convicts who are on parole, supervised release, or probation.” ; and (B) in paragraph (3) by inserting “in existence during that period” after “located on a Federal-aid system”; and (2) by adding at the end the following: “(d) Veterans Employment.— – “(1) In general.— Subject to paragraph (2), a recipient of Federal financial assistance under this chapter shall, to the extent practicable, encourage contractors working on a highway project funded using the assistance to make a best faith effort in the hiring or referral of laborers on any project for the construction of a highway to veterans (as defined in section 2108 of title 5) who have the requisite skills and abilities to perform the construction work required under the contract. “(2) Administration.— This subsection shall not— “(A) apply to projects subject to section 140(d); or “(B) be administered or enforced in any manner that would require an employer to give a preference to any veteran over any equally qualified applicant who is a member of any racial or ethnic minority, a female, or any equally qualified former employee.” . SEC. 1507. MAINTENANCE.   Section 116 of title 23, United States Code, is amended— (1) by redesignating subsections (a) through (d) as subsections (b) through (e), respectively; (2) by inserting before subsection (b) (as so redesignated) the following: “(a) Definitions.— In this section, the following definitions apply: “(1) Preventive maintenance.— The term ‘preventive maintenance’ includes pavement preservation programs and activities. “(2) Pavement preservation programs and activities.— The term ‘pavement preservation programs and activities’ means programs and activities employing a network level, long-term strategy that enhances pavement performance by using an integrated, cost-effective set of practices that extend pavement life, improve safety, and meet road user expectations.” ; (3) in subsection (b) (as so redesignated)— (A) in the first sentence, by inserting “or other direct recipient” before “to maintain”; and (B) by striking the second sentence; (4) by striking subsection (c) (as so redesignated) and inserting the following: “(c) Agreement.— In any State in which the State transportation department or other direct recipient is without legal authority to maintain a project described in subsection (b), the transportation department or direct recipient shall enter into a formal agreement with the appropriate officials of the county or municipality in which the project is located to provide for the maintenance of the project.” ; and (5) in the first sentence of subsection (d) (as so redesignated) by inserting “or other direct recipient” after “State transportation department”. SEC. 1508. FEDERAL SHARE PAYABLE.   Section 120 of title 23, United States Code, is amended— (1) in the first sentence of subsection (c)(1)— (A) by inserting “maintaining minimum levels of retroreflectivity of highway signs or pavement markings,” after “traffic control signalization,”; (B) by inserting “shoulder and centerline rumble strips and stripes,” after “pavement marking,”; and (C) by striking “Federal-aid systems” and inserting “Federal-aid programs”; (2) by striking subsection (e) and inserting the following: “(e) Emergency Relief.— The Federal share payable for any repair or reconstruction provided for by funds made available under section 125 for any project on a Federal-aid highway, including the Interstate System, shall not exceed the Federal share payable on a project on the system as provided in subsections (a) and (b), except that— “(1) Time period. the Federal share payable for eligible emergency repairs to minimize damage, protect facilities, or restore essential traffic accomplished within 180 days after the actual occurrence of the natural disaster or catastrophic failure may amount to 100 percent of the cost of the repairs; “(2) the Federal share payable for any repair or reconstruction of Federal land transportation facilities, Federal land access transportation facilities, and tribal transportation facilities may amount to 100 percent of the cost of the repair or reconstruction; “(3) Extension. the Secretary shall extend the time period in paragraph (1) taking into consideration any delay in the ability of the State to access damaged facilities to evaluate damage and the cost of repair; and “(4) the Federal share payable for eligible permanent repairs to restore damaged facilities to predisaster condition may amount to 90 percent of the cost of the repairs if the eligible expenses incurred by the State due to natural disasters or catastrophic failures in a Federal fiscal year exceeds the annual apportionment of the State under section 104 for the fiscal year in which the disasters or failures occurred.” ; (3) by striking subsection (g) and redesignating subsections (h) through (l) as subsections (g) through (k), respectively; (4) in subsection (i)(1)(A) (as redesignated by paragraph (3)) by striking “and the Appalachian development highway system program under section 14501 of title 40”; and (5) by striking subsections (j) and (k) (as redesignated by paragraph (3)) and inserting the following: “(j) Use of Federal Agency Funds.— Notwithstanding any other provision of law, any Federal funds other than those made available under this title and title 49 may be used to pay the non-Federal share of the cost of any transportation project that is within, adjacent to, or provides access to Federal land, the Federal share of which is funded under this title or chapter 53 of title 49. “(k) Use of Federal Land and Tribal Transportation Funds.— Notwithstanding any other provision of law, the funds authorized to be appropriated to carry out the tribal transportation program under section 202 and the Federal lands transportation program under section 203 may be used to pay the non-Federal share of the cost of any project that is funded under this title or chapter 53 of title 49 and that provides access to or within Federal or tribal land.” . SEC. 1509. TRANSFERABILITY OF FEDERAL-AID HIGHWAY FUNDS. (a) In General.— Section 126 of title 23, United States Code, is amended to read as follows: “§ 126. Transferability of Federal-aid highway funds “(a) In General.— Notwithstanding any other provision of law, subject to subsection (b), a State may transfer from an apportionment under section 104(b) not to exceed 50 percent of the amount apportioned for the fiscal year to any other apportionment of the State under that section. “(b) Application to Certain Set-asides.— “(1) In general.— Funds that are subject to sections 104(d) and 133(d) shall not be transferred under this section. “(2) Funds transferred by states.— Funds transferred by a State under this section of the funding reserved for the State under section 213 for a fiscal year may only come from the portion of those funds that are available for obligation in any area of the State under section 213(c)(1)(B).” . (b) Conforming Amendment.— The analysis for chapter 1 of title 23, United States Code, is amended by striking the item relating to section 126 and inserting the following: “126. Transferability of Federal-aid highway funds.”. SEC. 1510. IDLE REDUCTION TECHNOLOGY.   Section 127(a)(12) of title 23, United States Code, is amended— (1) in subparagraph (B), by striking “400” and inserting “550”; and (2) in subparagraph (C)(ii), by striking “400-pound” and inserting “550-pound”. SEC. 1511. SPECIAL PERMITS DURING PERIODS OF NATIONAL EMERGENCY.   Section 127 of title 23, United States Code, is amended by inserting at the end the following: “(i) Special Permits During Periods of National Emergency.— “(1) In general.— Notwithstanding any other provision of this section, a State may issue special permits during an emergency to overweight vehicles and loads that can easily be dismantled or divided if— “(A) the President has declared the emergency to be a major disaster under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.); “(B) the permits are issued in accordance with State law; and “(C) the permits are issued exclusively to vehicles and loads that are delivering relief supplies. “(2) Expiration.— A permit issued under paragraph (1) shall expire not later than 120 days after the date of the declaration of emergency under subparagraph (A) of that paragraph.” . SEC. 1512. TOLLING. (a) Amendment to Tolling Provision.— Section 129(a) of title 23, United States Code, is amended to read as follows: “(a) Basic Program.— “(1) Authorization for federal participation.— Subject to the provisions of this section, Federal participation shall be permitted on the same basis and in the same manner as construction of toll-free highways is permitted under this chapter in the— “(A) initial construction of a toll highway, bridge, or tunnel or approach to the highway, bridge, or tunnel; “(B) initial construction of 1 or more lanes or other improvements that increase capacity of a highway, bridge, or tunnel (other than a highway on the Interstate System) and conversion of that highway, bridge, or tunnel to a tolled facility, if the number of toll-free lanes, excluding auxiliary lanes, after the construction is not less than the number of toll-free lanes, excluding auxiliary lanes, before the construction; “(C) initial construction of 1 or more lanes or other improvements that increase the capacity of a highway, bridge, or tunnel on the Interstate System and conversion of that highway, bridge, or tunnel to a tolled facility, if the number of toll-free non-HOV lanes, excluding auxiliary lanes, after such construction is not less than the number of toll-free non-HOV lanes, excluding auxiliary lanes, before such construction; “(D) reconstruction, resurfacing, restoration, rehabilitation, or replacement of a toll highway, bridge, or tunnel or approach to the highway, bridge, or tunnel; “(E) reconstruction or replacement of a toll-free bridge or tunnel and conversion of the bridge or tunnel to a toll facility; “(F) reconstruction of a toll-free Federal-aid highway (other than a highway on the Interstate System) and conversion of the highway to a toll facility; “(G) reconstruction, restoration, or rehabilitation of a highway on the Interstate System if the number of toll-free non-HOV lanes, excluding auxiliary lanes, after reconstruction, restoration, or rehabilitation is not less than the number of toll-free non-HOV lanes, excluding auxiliary lanes, before reconstruction, restoration, or rehabilitation; “(H) conversion of a high occupancy vehicle lane on a highway, bridge, or tunnel to a toll facility; and “(I) preliminary studies to determine the feasibility of a toll facility for which Federal participation is authorized under this paragraph. “(2) Ownership.— Each highway, bridge, tunnel, or approach to the highway, bridge, or tunnel constructed under this subsection shall— “(A) be publicly owned; or “(B) be privately owned if the public authority with jurisdiction over the highway, bridge, tunnel, or approach has entered into a contract with 1 or more private persons to design, finance, construct, and operate the facility and the public authority will be responsible for complying with all applicable requirements of this title with respect to the facility. “(3) Limitations on use of revenues.— “(A) In general.— A public authority with jurisdiction over a toll facility shall use all toll revenues received from operation of the toll facility only for— “(i) debt service with respect to the projects on or for which the tolls are authorized, including funding of reasonable reserves and debt service on refinancing; “(ii) a reasonable return on investment of any private person financing the project, as determined by the State or interstate compact of States concerned; “(iii) any costs necessary for the improvement and proper operation and maintenance of the toll facility, including reconstruction, resurfacing, restoration, and rehabilitation; “(iv) if the toll facility is subject to a public-private partnership agreement, payments that the party holding the right to toll revenues owes to the other party under the public-private partnership agreement; and “(v) if the public authority certifies annually that the tolled facility is being adequately maintained, any other purpose for which Federal funds may be obligated by a State under this title. “(B) Annual audit.— “(i) In general.— A public authority with jurisdiction over a toll facility shall conduct or have an independent auditor conduct an annual audit of toll facility records to verify adequate maintenance and compliance with subparagraph (A), and report the results of the audits to the Secretary. “(ii) Records.— On reasonable notice, the public authority shall make all records of the public authority pertaining to the toll facility available for audit by the Secretary. “(C) Noncompliance.— If the Secretary concludes that a public authority has not complied with the limitations on the use of revenues described in subparagraph (A), the Secretary may require the public authority to discontinue collecting tolls until an agreement with the Secretary is reached to achieve compliance with the limitation on the use of revenues described in subparagraph (A). “(4) Limitations on conversion of high occupancy vehicle facilities on interstate system.— “(A) In general.— A public authority with jurisdiction over a high occupancy vehicle facility on the Interstate System may undertake reconstruction, restoration, or rehabilitation under paragraph (1)(G) on the facility, and may levy tolls on vehicles, excluding high occupancy vehicles, using the reconstructed, restored, or rehabilitated facility, if the public authority— “(i) in the case of a high occupancy vehicle facility that affects a metropolitan area, submits to the Secretary a written assurance that the metropolitan planning organization designated under section 5203 of title 49 for the area has been consulted concerning the placement and amount of tolls on the converted facility; “(ii) develops, manages, and maintains a system that will automatically collect the toll; and “(iii) establishes policies and procedures— “(I) to manage the demand to use the facility by varying the toll amount that is charged; and “(II) to enforce sanctions for violations of use of the facility. “(B) Exemption from tolls.— In levying tolls on a facility under subparagraph (A), a public authority may designate classes of vehicles that are exempt from the tolls or charge different toll rates for different classes of vehicles. “(5) Special rule for funding.— “(A) In general.— In the case of a toll facility under the jurisdiction of a public authority of a State (other than the State transportation department), on request of the State transportation department and subject to such terms and conditions as the department and public authority may agree, the Secretary, working through the State department of transportation, shall reimburse the public authority for the Federal share of the costs of construction of the project carried out on the toll facility under this subsection in the same manner and to the same extent as the department would be reimbursed if the project was being carried out by the department. “(B) Source.— The reimbursement of funds under this paragraph shall be from sums apportioned to the State under this chapter and available for obligations on projects on the Federal-aid system in the State on which the project is being carried out. “(6) Limitation on federal share.— The Federal share payable for a project described in paragraph (1) shall be a percentage determined by the State, but not to exceed 80 percent. “(7) Modifications.— If a public authority (including a State transportation department) with jurisdiction over a toll facility subject to an agreement under this section or section 119(e), as in effect on the day before the effective date of title I of the Intermodal Surface Transportation Efficiency Act of 1991 (105 Stat. 1915), requests modification of the agreement, the Secretary shall modify the agreement to allow the continuation of tolls in accordance with paragraph (3) without repayment of Federal funds. “(8) Loans.— “(A) In general.— “(i) Loans.— Using amounts made available under this title, a State may loan to a public or private entity constructing or proposing to construct under this section a toll facility or non-toll facility with a dedicated revenue source an amount equal to all or part of the Federal share of the cost of the project if the project has a revenue source specifically dedicated to the project. “(ii) Dedicated revenue sources.— Dedicated revenue sources for non-toll facilities include excise taxes, sales taxes, motor vehicle use fees, tax on real property, tax increment financing, and such other dedicated revenue sources as the Secretary determines appropriate. “(B) Compliance with federal laws.— As a condition of receiving a loan under this paragraph, the public or private entity that receives the loan shall ensure that the project will be carried out in accordance with this title and any other applicable Federal law, including any applicable provision of a Federal environmental law. “(C) Subordination of debt.— The amount of any loan received for a project under this paragraph may be subordinated to any other debt financing for the project. “(D) Obligation of funds loaned.— Funds loaned under this paragraph may only be obligated for projects under this paragraph. “(E) Repayment.— The repayment of a loan made under this paragraph shall commence not later than 5 years after date on which the facility that is the subject of the loan is open to traffic. “(F) Term of loan.— The term of a loan made under this paragraph shall not exceed 30 years from the date on which the loan funds are obligated. “(G) Interest.— A loan made under this paragraph shall bear interest at or below market interest rates, as determined by the State, to make the project that is the subject of the loan feasible. “(H) Reuse of funds.— Amounts repaid to a State from a loan made under this paragraph may be obligated— “(i) for any purpose for which the loan funds were available under this title; and “(ii) for the purchase of insurance or for use as a capital reserve for other forms of credit enhancement for project debt in order to improve credit market access or to lower interest rates for projects eligible for assistance under this title. “(I) Guidelines.— The Secretary shall establish procedures and guidelines for making loans under this paragraph. “(9) State law permitting tolling.— If a State does not have a highway, bridge, or tunnel toll facility as of the date of enactment of the MAP–21, before commencing any activity authorized under this section, the State shall have in effect a law that permits tolling on a highway, bridge, or tunnel. “(10) Definitions.— In this subsection, the following definitions apply: “(A) High occupancy vehicle; hov.— The term ‘high occupancy vehicle’ or ‘HOV’ means a vehicle with not fewer than 2 occupants. “(B) Initial construction.— “(i) In general.— The term ‘initial construction’ means the construction of a highway, bridge, tunnel, or other facility at any time before it is open to traffic. “(ii) Exclusions.— The term ‘initial construction’ does not include any improvement to a highway, bridge, tunnel, or other facility after it is open to traffic. “(C) Public authority.— The term ‘public authority’ means a State, interstate compact of States, or public entity designated by a State. “(D) Toll facility.— The term ‘toll facility’ means a toll highway, bridge, or tunnel or approach to the highway, bridge, or tunnel constructed under this subsection.” . (b) Electronic Toll Collection Interoperability Requirements.— Not later than 4 years after the date of enactment of this Act, all toll facilities on the Federal-aid highways shall implement technologies or business practices that provide for the interoperability of electronic toll collection programs. SEC. 1513. MISCELLANEOUS PARKING AMENDMENTS. (a) Fringe and Corridor Parking Facilities.— Section 137 of title 23, United States Code, is amended— (1) in subsection (f)(1)— (A) by striking “104(b)(4)” and inserting “104(b)(1)”; and (B) by inserting “including the addition of electric vehicle charging stations or natural gas vehicle refueling stations,” after “new facilities,”; and (2) by adding at the end the following: “(g) Funding.— The addition of electric vehicle charging stations or natural gas vehicle refueling stations to new or previously funded parking facilities shall be eligible for funding under this section.” . (b) Public Transportation.— Section 142(a)(1) of title 23, United States Code, is amended by inserting “, which may include electric vehicle charging stations or natural gas vehicle refueling stations,” after “parking facilities”. (c) Forest Development Roads and Trails.— Section 205(d) of title 23, United States Code, is amended by inserting “, which may include electric vehicle charging stations or natural gas vehicle refueling stations,” after “parking areas”. SEC. 1514. HOV FACILITIES.   Section 166 of title 23, United States Code, is amended— (1) in subsection (b)(5)— (A) in subparagraph (A) by striking “2009” and inserting “2017”; (B) in subparagraph (B) by striking “2009” and inserting “2017”; and (C) in subparagraph (C)— (i) by striking “subparagraph (B)” and inserting “this paragraph”; and (ii) by inserting “or equal to” after “less than”; (2) in subsection (c) by striking paragraph (3) and inserting the following: “(3) Toll revenue.— Toll revenue collected under this section is subject to the requirements of section 129(a)(3).” ; and (3) in subsection (d)(1)— (A) in the matter preceding subparagraph (A)— (i) by striking “in a fiscal year shall certify” and inserting “shall submit to the Secretary a report demonstrating that the facility is not already degraded, and that the presence of the vehicles will not cause the facility to become degraded, and certify”; and (ii) by striking “in the fiscal year”; (B) in subparagraph (A) by inserting “and submitting to the Secretary annual reports of those impacts” after “adjacent highways”; (C) in subparagraph (C) by striking “if the presence of the vehicles has degraded the operation of the facility” and inserting “whenever the operation of the facility is degraded”; and (D) by adding at the end the following: “(D) Maintenance of operating performance.— Not later than 180 days after the date on which a facility is degraded pursuant to the standard specified in paragraph (2), the State agency with jurisdiction over the facility shall bring the facility into compliance with the minimum average operating speed performance standard through changes to operation of the facility, including— “(i) increasing the occupancy requirement for HOV lanes; “(ii) varying the toll charged to vehicles allowed under subsection (b) to reduce demand; “(iii) discontinuing allowing non-HOV vehicles to use HOV lanes under subsection (b); or “(iv) increasing the available capacity of the HOV facility. “(E) Compliance.— If the State fails to bring a facility into compliance under subparagraph (D), the Secretary shall subject the State to appropriate program sanctions under section 1.36 of title 23, Code of Federal Regulations (or successor regulations), until the performance is no longer degraded.” . SEC. 1515. FUNDING FLEXIBILITY FOR TRANSPORTATION EMERGENCIES. (a) In General.— Chapter 1 of title 23, United States Code (as amended by section 1311(a)), is amended by adding at the end the following: “§ 170. Funding flexibility for transportation emergencies “(a) In General.— Notwithstanding any other provision of law, a State may use up to 100 percent of any covered funds of the State to repair or replace a transportation facility that has suffered serious damage as a result of a natural disaster or catastrophic failure from an external cause. “(b) Declaration of Emergency.— Funds may be used under this section only for a disaster or emergency declared by the President pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.). “(c) Repayment.— Funds used under subsection (a) shall be repaid to the program from which the funds were taken in the event that such repairs or replacement are subsequently covered by a supplemental appropriation of funds. “(d) Definitions.— In this section, the following definitions apply: “(1) Covered funds.— The term ‘covered funds’ means any amounts apportioned to a State under section 104(b), other than amounts suballocated to metropolitan areas and other areas of the State under section 133(d), but including any such amounts required to be set aside for a purpose other than the repair or replacement of a transportation facility under this section. “(2) Transportation facility.— The term ‘transportation facility’ means any facility eligible for assistance under section 125.” . (b) Technical and Conforming Amendment.— The analysis for chapter 1 of title 23, United States Code (as amended by section 1311(b)), is amended by adding at the end the following: “170. Funding flexibility for transportation emergencies.”. SEC. 1516. DEFENSE ACCESS ROAD PROGRAM ENHANCEMENTS TO ADDRESS TRANSPORTATION INFRASTRUCTURE IN THE VICINITY OF MILITARY INSTALLATIONS.   The second sentence of section 210(a)(2) of title 23, United States Code, is amended by inserting “, in consultation with the Secretary of Transportation,” before “shall determine”. SEC. 1517. MAPPING. (a) In General.— Section 306 of title 23, United States Code, is amended— (1) in subsection (a) by striking “may” and inserting “shall”; (2) in subsection (b) in the second sentence by striking “State and” and inserting “State government and”; and (3) by adding at the end the following: “(c) Implementation.— The Secretary shall develop a process for the oversight and monitoring, on an annual basis, of the compliance of each State with the guidance issued under subsection (b).” . (b) Survey.— Not later than 2 years after the date of enactment of this Act, the Secretary shall conduct a survey of all States to determine what percentage of projects carried out under title 23, United States Code, in each State utilize private sector sources for surveying and mapping services. SEC. 1518. BUY AMERICA PROVISIONS.   Section 313 of title 23, United States Code, is amended by adding at the end the following: “(g) Application to Highway Programs.— The requirements under this section shall apply to all contracts eligible for assistance under this chapter for a project carried out within the scope of the applicable finding, determination, or decision under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), regardless of the funding source of such contracts, if at least 1 contract for the project is funded with amounts made available to carry out this title.” . SEC. 1519. CONSOLIDATION OF PROGRAMS; REPEAL OF OBSOLETE PROVISIONS. (a) Consolidation of Programs.— From administrative funds made available under section 104(a) of title 23, United States Code, not less than $3,000,000 for each of fiscal years 2013 and 2014 shall be made available— (1) to carry out safety-related activities, including— (A) to carry out the operation lifesaver program— (i) to provide public information and education programs to help prevent and reduce motor vehicle accidents, injuries, and fatalities; and (ii) to improve driver performance at railway-highway crossings; and (B) to provide work zone safety grants in accordance with subsections (a) and (b) of section 1409 of the SAFETEA–LU (23 U.S.C. 401 note; 119 Stat. 1232); and (2) to operate authorized safety-related clearinghouses, including— (A) the national work zone safety information clearinghouse authorized by section 358(b)(2) of the National Highway System Designation Act of 1995 (23 U.S.C. 401 note; 109 Stat. 625); and (B) a public road safety clearinghouse in accordance with section 1411(a) of the SAFETEA–LU (23 U.S.C. 402 note; 119 Stat. 1234). (b) Repeals.— (1) Title 23.— (A) In general.— Sections 105, 110, 117, 124, 151, 155, 157, 160, 212, 216, 303, and 309 of title 23, United States Code, are repealed. (B) Set asides.— Section 118 of title 23, United States Code, is amended— (i) by striking subsection (c); and (ii) by redesignating subsections (d) and (e) as subsections (c) and (d), respectively. (2) SAFETEA–LU.— Sections 1302, 1305, 1306, 1803, 1804, 1907, and 1958 of SAFETEA–LU 23 USC 101 note, 103 note, 137 note, 144 note. (Public Law 109–59) are repealed. (3) Additional.— Section 1132 of the Energy Independence and Security Act of 2007 (Public Law 110–140; 121 Stat. 1763) is repealed. (c) Conforming Amendments.— (1) Title analysis.— (A) Chapter 1.— The analysis for chapter 1 of title 23, United States Code, is amended by striking the items relating to sections 105, 110, 117, 124, 151, 155, 157, and 160. (B) Chapter 2.— The analysis for chapter 2 of title 23, United States Code, is amended by striking the items relating to sections 212 and 216. (C) Chapter 3.— The analysis for chapter 3 of title 23, United States Code, is amended by striking the items relating to sections 303 and 309. (2) Table of contents.— The table of contents contained in section 1(b) of SAFETEA–LU (Public Law 109–59; 119 Stat. 1144) is amended by striking the items relating to sections 1302, 1305, 1306, 1803, 1804, 1907, and 1958. (3) Section 104.— Section 104(e) of title 23, United States Code, is amended by striking “, 105,”. (4) Section 109.— Section 109(q) of title 23, United States Code, is amended by striking “in accordance with section 303 or”. (5) Section 118.— Section 118(b) of title 23, United States Code, is amended— (A) by striking paragraph (1) and all that follows through the heading of paragraph (2); and (B) by striking “(other than for Interstate construction)”. (6) Section 130.— Section 130 of title 23, United States Code, is amended— (A) in subsection (e) by striking “section 104(b)(5)” and inserting “section 104(b)(3)”; (B) in subsection (f)(1) by inserting “as in effect on the day before the date of enactment of the MAP–21” after “section 104(b)(3)(A)”; and (C) in subsection (l) by striking paragraphs (3) and (4). (7) Section 131.— Section 131(m) of title 23, United States Code, is amended by striking “Subject to approval by the Secretary in accordance with the program of projects approval process of section 105, a State” and inserting “A State”. (8) Section 133.— Paragraph (13) of section 133(b) of title 23, United States Code (as amended by section 1108(a)(3)), is amended by striking “under section 303.” (9) Section 142.— Section 142 of title 23, United States Code, is amended— (A) in subsection (a)— (i) in paragraph (1)— (I) by striking “motor vehicles (other than rail)” and inserting “buses”; (II) by striking “(hereafter in this section referred to as ‘buses’)”; (III) by striking “Federal-aid systems” and inserting “Federal-aid highways”; and (IV) by striking “Federal-aid system” and inserting “Federal-aid highway”; and (ii) in paragraph (2)— (I) by striking “as a project on the the surface transportation program for”; and (II) by striking “section 104(b)(3)” and inserting “section 104(b)(2)”; (B) in subsection (b) by striking “104(b)(4)” and inserting “104(b)(1)”; (C) in subsection (c)— (i) by striking “system” in each place it appears and inserting “highway”; and (ii) by striking “highway facilities” and inserting “highways eligible under the program that is the source of the funds”; (D) in subsection (e)(2) by striking “Notwithstanding section 209(f)(1) of the Highway Revenue Act of 1956, the Highway Trust Fund shall be available for making expenditures to meet obligations resulting from projects authorized by subsection (a)(2) of this section and such projects” and inserting “Projects authorized by subsection (a)(2)”; and (E) in subsection (f) by striking “exits” and inserting “exists”. (10) Section 145.— Section 145(b) of title 23, United States Code, is amended by striking “section 117 of this title,”. (11) Section 218.— Section 218 of title 23, United States Code, is amended— (A) in subsection (a)— (i) by striking the first two sentences; (ii) in the third sentence— (I) by striking “, in addition to such funds,”; and (II) by striking “such highway or”; (iii) by striking the fourth sentence and fifth sentences; (B) by striking subsection (b); and (C) by redesignating subsection (c) as subsection (b). (12) Section 610.— Section 610(d)(1)(B) of title 23, United States Code, is amended by striking “under section 105”. SEC. 1520. DENALI COMMISSION.   The Denali Commission Act of 1998 (42 U.S.C. 3121 note) is amended— (1) in section 305, by striking subsection (c) and inserting the following: “(c) Gifts.— “(1) In general.— Except as provided in paragraph (2), the Commission, on behalf of the United States, may accept use, and dispose of gifts or donations of services, property, or money for purposes of carrying out this Act. “(2) Conditional.— With respect to conditional gifts— “(A) (i) the Commission, on behalf of the United States, may accept conditional gifts for purposes of carrying out this Act, if approved by the Federal Cochairperson; and “(ii) the principal of and income from any such conditional gift shall be held, invested, reinvested, and used in accordance with the condition applicable to the gift; but “(B) no gift shall be accepted that is conditioned on any expenditure not to be funded from the gift or from the income generated by the gift unless the expenditure has been approved by Act of Congress.” ; and (2) by adding at the end the following: “SEC. 311. TRANSFER OF FUNDS FROM OTHER FEDERAL AGENCIES. “(a) In General.— Subject to subsection (c), for purposes of this Act, the Commission may accept transfers of funds from other Federal agencies. “(b) Transfers.— Any Federal agency authorized to carry out an activity that is within the authority of the Commission may transfer to the Commission any appropriated funds for the activity. “(c) Treatment.— Any funds transferred to the Commission under this subsection— “(1) shall remain available until expended; and “(2) may, to the extent necessary to carry out this Act, be transferred to, and merged with, the amounts made available by appropriations Acts for the Commission by the Federal Cochairperson.” . SEC. 1521. UNIFORM RELOCATION ASSISTANCE AND REAL PROPERTY ACQUISITION POLICIES ACT OF 1970 AMENDMENTS. (a) Moving and Related Expenses.— Section 202 of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. 4622) is amended— (1) in subsection (a)(4) by striking “$10,000” and inserting “$25,000, as adjusted by regulation, in accordance with section 213(d)”; and (2) in the second sentence of subsection (c) by striking “$20,000” and inserting “$40,000, as adjusted by regulation, in accordance with section 213(d)”. (b) Replacement Housing for Homeowners.— The first sentence of section 203(a)(1) of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. 4623(a)(1)) is amended— (1) by striking “$22,500” and inserting “$31,000, as adjusted by regulation, in accordance with 213(d),”; and (2) by striking “one hundred and eighty days prior to” and inserting “90 days before”. (c) Replacement Housing for Tenants and Certain Others.— Section 204 of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. 4624) is amended— (1) in the second sentence of subsection (a) by striking “$5,250” and inserting “$7,200, as adjusted by regulation, in accordance with section 213(d)”; and (2) in the second sentence of subsection (b) by striking “, except” and all that follows through the end of the subsection and inserting a period. (d) Duties of Lead Agency.— Section 213 of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. 4633) is amended— (1) in subsection (b)— (A) in paragraph (2) by striking “and” at the end; (B) in paragraph (3) by striking the period at the end and inserting “; and”; and (C) by adding at the end the following: “(4) that each Federal agency that has programs or projects requiring the acquisition of real property or causing a displacement from real property subject to the provisions of this Act shall provide to the lead agency an annual summary report the describes the activities conducted by the Federal agency.” ; and (2) by adding at the end the following: “(d) Adjustment of Payments.— The head of the lead agency may adjust, by regulation, the amounts of relocation payments provided under sections 202(a)(4), 202(c), 203(a), and 204(a) if the head of the lead agency determines that cost of living, inflation, or other factors indicate that the payments should be adjusted to meet the policy objectives of this Act.” . (e) Agency Coordination.— Title II of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 is amended by inserting after section 213 (42 U.S.C. 4633) the following: “SEC. 214. AGENCY COORDINATION. “(a) Agency Capacity.— Each Federal agency responsible for funding or carrying out relocation and acquisition activities shall have adequately trained personnel and such other resources as are necessary to manage and oversee the relocation and acquisition program of the Federal agency in accordance with this Act. “(b) Interagency Agreements.— Not later than 1 year after the date of enactment of this section, each Federal agency responsible for funding relocation and acquisition activities (other than the agency serving as the lead agency) shall enter into a memorandum of understanding with the lead agency that— “(1) provides for periodic training of the personnel of the Federal agency, which in the case of a Federal agency that provides Federal financial assistance, may include personnel of any displacing agency that receives Federal financial assistance; “(2) addresses ways in which the lead agency may provide assistance and coordination to the Federal agency relating to compliance with the Act on a program or project basis; and “(3) addresses the funding of the training, assistance, and coordination activities provided by the lead agency, in accordance with subsection (c). “(c) Interagency Payments.— “(1) In general.— For the fiscal year that begins 1 year after the date of enactment of this section, and each fiscal year thereafter, each Federal agency responsible for funding relocation and acquisition activities (other than the agency serving as the lead agency) shall transfer to the lead agency for the fiscal year, such funds as are necessary, but not less than $35,000, to support the training, assistance, and coordination activities of the lead agency described in subsection (b). “(2) Included costs.— The cost to a Federal agency of providing the funds described in paragraph (1) shall be included as part of the cost of 1 or more programs or projects undertaken by the Federal agency or with Federal financial assistance that result in the displacement of persons or the acquisition of real property.” . (f) Cooperation With Federal Agencies.— Section 308 of title 23, United States Code, is amended by striking subsection (a) and inserting the following: “(a) Authorized Activities.— “(1) In general.— The Secretary may perform, by contract or otherwise, authorized engineering or other services in connection with the survey, construction, maintenance, or improvement of highways for other Federal agencies, cooperating foreign countries, and State cooperating agencies. “(2) Inclusions.— Services authorized under paragraph (1) may include activities authorized under section 214 of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970. “(3) Reimbursement.— Reimbursement for services carried out under this subsection (including depreciation on engineering and road-building equipment) shall be credited to the applicable appropriation.” . (g) Effective Dates.— (1) In general.— Except as provided in paragraph (2), the amendments made by this section shall take effect on the date of enactment of this Act. (2) Exception.— The amendments made by subsections (a) through (c) shall take effect 2 years after the date of enactment of this Act. SEC. 1522. EXTENSION OF PUBLIC TRANSIT VEHICLE EXEMPTION FROM AXLE WEIGHT RESTRICTIONS.   Section 1023(h) of the Intermodal Surface Transportation Efficiency Act of 1991 (23 U.S.C. 127 note; Public Law 102–240) is amended— (1) in the heading of paragraph (1) by striking “temporary exemption” and inserting “exemption”; (2) in paragraph (1)— (A) in the matter preceding subparagraph (A) by striking “, for the period beginning on October 6, 1992, and ending on October 1, 2009,”; (B) in subparagraph (A) by striking “or” at the end; (C) in subparagraph (B) by striking the period at the end and inserting “; or”; and (D) by adding at the end the following: “(C) any motor home (as defined in section 571.3 of title 49, Code of Federal Regulations (or successor regulation)).” ; and (3) in paragraph (2)(A) by striking “For the period beginning on the date of enactment of this subparagraph and ending on September 30, 2009, a” and inserting “A”. SEC. 1523. USE OF DEBRIS FROM DEMOLISHED BRIDGES AND OVERPASSES.   Section 1805(a) of the SAFETEA–LU (23 U.S.C. 144 note; 119 Stat. 1459) is amended by striking “highway bridge replacement and rehabilitation program under section 144” and inserting “national highway performance program under section 119”. SEC. 1524. USE OF YOUTH SERVICE AND CONSERVATION CORPS. (a) In General.— The Secretary shall encourage the States and regional transportation planning agencies to enter into contracts and cooperative agreements with qualified youth service or conservation corps, as defined in sections 122(a)(2) of Public Law 101–610 (42 U.S.C. 12572(a)(2)) and 106(c)(3) of Public Law 103–82 (42 U.S.C. 12656(c)(3)) to perform appropriate projects eligible under sections 162, 206, 213, and 217 of title 23, United States Code, and under section 1404 of the SAFETEA–LU (119 Stat. 1228). (b) Requirements.— Under any contract or cooperative agreement entered into with a qualified youth service or conservation corps under this section, the Secretary shall— (1) set the amount of a living allowance or rate of pay for each participant in such corps at— (A) such amount or rate as required under State law in a State with such requirements; or (B) for corps in States not described in subparagraph (A), at such amount or rate as determined by the Secretary, not to exceed the maximum living allowance authorized by section 140 of Public Law 101–610 (42 U.S.C. 12594); and (2) not subject such corps to the requirements of section 112 of title 23, United States Code. SEC. 1525. STATE AUTONOMY FOR CULVERT PIPE SELECTION.   Not later than 180 days after the date of enactment of this Act, the Secretary shall modify section 635.411 of title 23, Code of Federal Regulations (as in effect on the date of enactment of this Act), to ensure that States shall have the autonomy to determine culvert and storm sewer material types to be included in the construction of a project on a Federal-aid highway. SEC. 1526. EVACUATION ROUTES.   Each State shall give adequate consideration to the needs of evacuation routes in the State, including such routes serving or adjacent to facilities operated by the Armed Forces, when allocating funds apportioned to the State under title 23, United States Code, for the construction of Federal-aid highways. SEC. 1527. CONSOLIDATION OF GRANTS. (a) Definitions.— In this section, the term “recipient” means— (1) a State, local, or tribal government, including— (A) a territory of the United States; (B) a transit agency; (C) a port authority; (D) a metropolitan planning organization; or (E) any other political subdivision of a State or local government; (2) a multistate or multijurisdictional group, if each member of the group is an entity described in paragraph (1); and (3) a public-private partnership, if both parties are engaged in building the project. (b) Consolidation.— (1) In general.— A recipient that receives multiple grant awards from the Department to support 1 multimodal project may request that the Secretary designate 1 modal administration in the Department to be the lead administering authority for the overall project. (2) New starts.— Any project that includes funds awarded under section 5309 of title 49, United States Code, shall be exempt from consolidation under this section unless the grant recipient requests the Federal Transit Administration to be the lead administering authority. (3) Review.— (A) In general.— Not later than 30 days after the date on which a request under paragraph (1) is made, the Secretary shall review the request and approve or deny the designation of a single modal administration as the lead administering authority and point of contact for the Department. (B) Notification.— (i) In general.— The Secretary shall notify the requestor of the decision of the Secretary under subparagraph (A) in such form and at such time as the Secretary and the requestor agree. (ii) Denial.— If a request is denied, the Secretary shall provide the requestor with a detailed explanation of the reasoning of the Secretary with the notification under clause (i). (c) Duties.— (1) In general.— A modal administration designated as a lead administering authority under this section shall— (A) be responsible for leading and coordinating the integrated project management team, which shall consist of all of the other modal administrations in the Department relating to the multimodal project; and (B) to the extent feasible during the first 30 days of carrying out the multimodal project, identify overlapping or duplicative regulatory requirements that exist for the project and propose a single, streamlined approach to meeting all of the applicable regulatory requirements through the activities described in subsection (d). (2) Administration.— (A) In general.— The Secretary shall transfer all amounts that have been awarded for the multimodal project to the modal administration designated as the lead administering authority. (B) Option.— (i) In general.— Participation under this section shall be optional for recipients, and no recipient shall be required to participate. (ii) Secretarial duties.— The Secretary is not required to identify every recipient that may be eligible to participate under this section. (d) Cooperation.— (1) In general.— The Secretary and modal administrations with relevant jurisdiction over a multimodal project should cooperate on project review and delivery activities at the earliest practicable time. (2) Purposes.— The purposes of the cooperation under paragraph (1) are— (A) to avoid delays and duplication of effort later in the process; (B) to prevent potential conflicts; and (C) to ensure that planning and project development decisions are made in a streamlined manner and consistent with applicable law. (e) Applicability.— Nothing in this section shall— (1) supersede, amend, or modify the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) or any other Federal environmental law; or (2) affect the responsibility of any Federal officer to comply with or enforce any law described in paragraph (1). SEC. 1528. APPALACHIAN DEVELOPMENT HIGHWAY SYSTEM. (a) Sense of the Senate.— It is the Sense of the Senate that the timely completion of the Appalachian development highway system is a transportation priority in the national interest. (b) Modified Federal Share for Projects on ADHS.— For fiscal years 2012 through 2021, the Federal share payable for the cost of constructing highways and access roads on the Appalachian development highway system under section 14501 of title 40, United States Code, with funds made available to a State for fiscal year 2012 or a previous fiscal year for the Appalachian development highway system program, or with funds made available for fiscal year 2012 or a previous fiscal year for a specific project, route, or corridor on that system, shall be 100 percent. (c) Federal Share for Other Funds Used on ADHS.— For fiscal years 2012 through 2021, the Federal share payable for the cost of constructing highways and access roads on the Appalachian development highway system under section 14501 of title 40, United States Code, with Federal funds apportioned to a State for a program other than the Appalachian development highway system program shall be 100 percent. (d) Completion Plan.— (1) In general.— Subject to paragraph (2), not later than 1 year after the date of enactment of the MAP–21, each State represented on the Appalachian Regional Commission shall establish a plan for the completion of the designated corridors of the Appalachian development highway system within the State, including annual performance targets, with a target completion date. (2) Significant uncompleted miles.— If the percentage of remaining Appalachian development highway system needs for a State, according to the latest cost to complete estimate for the Appalachian development highway system, is greater than 15 percent of the total cost to complete estimate for the entire Appalachian development highway system, the State shall not establish a plan under paragraph (1) that would result in a reduction of obligated funds for the Appalachian development highway system within the State for any subsequent fiscal year. SEC. 1529. ENGINEERING JUDGMENT.   Not later than 90 days after the date of enactment of this Act, the Secretary shall issue guidance to State transportation departments clarifying that the standards, guidance, and options for design and application of traffic control devices provided in the Manual on Uniform Traffic Control Devices should not be considered a substitute for engineering judgment. SEC. 1530. TRANSPORTATION TRAINING AND EMPLOYMENT PROGRAMS.   To encourage the development of careers in the transportation field, the Secretary of Education and the Secretary of Labor are encouraged to use funds for training and employment education programs— (1) to develop programs for transportation-related careers and trades; and (2) to work with the Secretary to carry out programs developed under paragraph (1). SEC. 1531. NOTICE OF CERTAIN GRANT AWARDS. (a) Definition of Covered Grant Award.— In this section, the term “covered grant award” means a grant award— (1) made— (A) by the Department; and (B) with funds made available under this Act; and (2) in an amount equal to or greater than $500,000. (b) Notice.— Except to the extent otherwise expressly provided in another provision of law, at least 3 business days before a covered grant award is announced, the Secretary shall provide to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate written notice of the covered grant award. SEC. 1532. BUDGET JUSTIFICATION.   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 budget justification for each agency of the Department concurrently with the annual budget submission of the President to Congress under section 1105(a) of title 31, United States Code. SEC. 1533. PROHIBITION ON USE OF FUNDS FOR AUTOMATED TRAFFIC ENFORCEMENT. (a) Definition of Automated Traffic Enforcement System.— In this section, the term “automated traffic enforcement system” means any camera that captures an image of a vehicle for the purposes of traffic law enforcement. (b) Use of Funds.— Except as provided in subsection (c), for fiscal years 2013 and 2014, funds apportioned to a State under section 104(b)(3) of title 23, United States Code, may not be used for any program to purchase, operate, or maintain an automated traffic enforcement system. (c) Exception.— Subsection (b) shall not apply to automated traffic enforcement systems used to improve safety in school zones. SEC. 1534. PUBLIC-PRIVATE PARTNERSHIPS. (a) Best Practices.— The Secretary shall compile, and make available to the public on the website of the Department, best practices on how States, public transportation agencies, and other public officials can work with the private sector in the development, financing, construction, and operation of transportation facilities. (b) Contents.— The best practices compiled under subsection (a) shall include polices and techniques to ensure that the interests of the traveling public and State and local governments are protected in any agreement entered into with the private sector for the development, financing, construction, and operation of transportation facilities. (c) Technical Assistance.— The Secretary, on request, may provide technical assistance to States, public transportation agencies, and other public officials regarding proposed public-private partnership agreements for the development, financing, construction, and operation of transportation facilities, including assistance in analyzing whether the use of a public-private partnership agreement would provide value compared with traditional public delivery methods. (d) Standard Transaction Contracts.— (1) Development.— Not later than 18 months after the date of enactment of this Act, the Secretary shall develop standard public-private partnership transaction model contracts for the most popular types of public-private partnerships for the development, financing, construction, and operation of transportation facilities. (2) Use.— The Secretary shall encourage States, public transportation agencies, and other public officials to use the model contracts as a base template when developing their own public-private partnership agreements for the development, financing, construction, and operation of transportation facilities. SEC. 1535. REPORT ON HIGHWAY TRUST FUND EXPENDITURES. (a) Initial Report.— Not later than 150 days after the date of enactment of this Act, the Comptroller General of the United States shall submit to Congress a report describing the activities funded from the Highway Trust Fund during each of fiscal years 2009 through 2011, including for purposes other than construction and maintenance of highways and bridges. (b) Updates.— Not later than 5 years after the date on which the report is submitted under subsection (a) and every 5 years thereafter, the Comptroller General of the United States shall submit to Congress a report that updates the information provided in the report under that subsection for the applicable 5-year period. (c) Inclusions.— A report submitted under subsection (a) or (b) shall include information similar to the information included in the report of the Government Accountability Office numbered “GAO–09–729R” and entitled “Highway Trust Fund Expenditures on Purposes Other Than Construction and Maintenance of Highways and Bridges During Fiscal Years 2004–2008”. SEC. 1536. SENSE OF CONGRESS ON HARBOR MAINTENANCE. (a) Findings.— Congress finds that— (1) there are 926 coastal, Great Lakes, and inland harbors maintained by the Corps of Engineers; (2) according to the Bureau of Transportation Statistics— (A) in 2009, the ports and waterways of the United States handled more than 2,200,000,000 short tons of imports, exports, and domestic shipments; and (B) in 2010, United States ports were responsible for more than $1,400,000,000,000 in waterborne imports and exports; (3) according to the Congressional Research Service, full channel dimensions are, on average, available approximately ⅓ of the time at the 59 harbors of the United States with the highest use rates; (4) in 1986, Congress created the Harbor Maintenance Trust Fund to provide funds for the operation and maintenance of the navigation channels of the United States; (5) in fiscal year 2012, the Harbor Maintenance Trust Fund is expected to grow from $6,280,000,000 to $7,011,000,000, an increase of approximately 13 percent; (6) despite growth of the Harbor Maintenance Trust Fund, expenditures from the Harbor Maintenance Trust Fund have not been sufficiently spent; and (7) inadequate investment in dredging needs is restricting access to the ports of the United States for domestic shipping, imports, and exports and therefore threatening the economic competitiveness of the United States. (b) Sense of Congress.— It is the sense of Congress that— (1) the Administration should request full use of the Harbor Maintenance Trust Fund for operating and maintaining the navigation channels of the United States; (2) the amounts in the Harbor Maintenance Trust Fund should be fully expended to operate and maintain the navigation channels of the United States; and (3) Congress should ensure that other programs, projects, and activities of the Civil Works Program of the Corps of Engineers, especially those programs, projects, and activities relating to inland navigation and flood control, are not adversely impacted. SEC. 1537. ESTIMATE OF HARBOR MAINTENANCE NEEDS.   For fiscal year 2014 and each fiscal year thereafter, the President’s budget request submitted pursuant to section 1105 of title 31, United States Code, shall include— (1) an estimate of the nationwide average availability, expressed as a percentage, of the authorized depth and authorized width of all navigation channels authorized to be maintained using appropriations from the Harbor Maintenance Trust Fund that would result from harbor maintenance activities to be funded by the budget request; and (2) an estimate of the average annual amount of appropriations from the Harbor Maintenance Trust Fund that would be required to increase that average availability to 95 percent over a 3-year period. SEC. 1538. ASIAN CARP. (a) Definitions.— In this section: (1) Hydrological separation.— The term “hydrological separation” means a physical separation on the Chicago Area Waterway System that— (A) would disconnect the Mississippi River watershed from the Lake Michigan watershed; and (B) shall be designed to be adequate in scope to prevent the transfer of all aquatic species between each of those bodies of water. (2) Secretary.— The term “Secretary” means the Secretary of the Army, acting through the Chief of Engineers. (b) Expedited Study and Report.— (1) In general.— The Secretary shall— (A) expedite completion of the report for the study authorized by section 3061(d) of the Water Resources Development Act of 2007 (Public Law 110–114; 121 Stat. 1121); and (B) if the Secretary determines a project is justified in the completed report, proceed directly to project preconstruction engineering and design. (2) Focus.— In expediting the completion of the study and report under paragraph (1), the Secretary shall focus on— (A) the prevention of the spread of aquatic nuisance species between the Great Lakes and Mississippi River Basins, such as through the permanent hydrological separation of the Great Lakes and Mississippi River Basins; and (B) the watersheds of the following rivers and tributaries associated with the Chicago Area Waterway System: (i) The Illinois River, at and in the vicinity of Chicago, Illinois. (ii) The Chicago River, Calumet River, North Shore Channel, Chicago Sanitary and Ship Canal, and Cal-Sag Channel in the State of Illinois. (iii) The Grand Calumet River and Little Calumet River in the States of Illinois and Indiana. (3) Efficient use of funds.— The Secretary shall ensure the efficient use of funds to maximize the timely completion of the study and report under paragraph (1). (4) Deadline.— The Secretary shall complete the report under paragraph (1) by not later than 18 months after the date of enactment of this Act. (5) Interim report.— Not later than 90 days after the date of enactment of this Act, the Secretary shall submit to the Committees on Appropriations of the House of Representatives and Senate, the Committee on Environment and Public Works of the Senate, and the Committee on Transportation and Infrastructure of the House of Representatives a report describing— (A) interim milestones that will be met prior to final completion of the study and report under paragraph (1); and (B) funding necessary for completion of the study and report under paragraph (1), including funding necessary for completion of each interim milestone identified under subparagraph (A). SEC. 1539. REST AREAS. (a) Agreements Relating to Use of and Access to Rights-of-way—Interstate System.— Section 111 of title 23, United States Code, is amended— (1) in subsection (a) in the second sentence by striking the period and inserting “and will not change the boundary of any right-of-way on the Interstate System to accommodate construction of, or afford access to, an automotive service station or other commercial establishment.”; (2) by redesignating subsections (b) and (c) as subsections (c) and (d), respectively; and (3) by inserting after subsection (a) the following: “(b) Rest Areas.— “(1) In general.— Notwithstanding subsection (a), the Secretary shall permit a State to acquire, construct, operate, and maintain a rest area along a highway on the Interstate System in such State. “(2) Limited activities.— The Secretary shall permit limited commercial activities within a rest area under paragraph (1), if the activities are available only to customers using the rest area and are limited to— “(A) commercial advertising and media displays if such advertising and displays are— “(i) exhibited solely within any facility constructed in the rest area; and “(ii) not legible from the main traveled way; “(B) items designed to promote tourism in the State, limited to books, DVDs, and other media; “(C) tickets for events or attractions in the State of a historical or tourism-related nature; “(D) travel-related information, including maps, travel booklets, and hotel coupon booklets; and “(E) lottery machines, provided that the priority afforded to blind vendors under subsection (c) applies to this subparagraph. “(3) Private operators.— A State may permit a private party to operate such commercial activities. “(4) Limitation on use of revenues.— A State shall use any revenues received from the commercial activities in a rest area under this section to cover the costs of acquiring, constructing, operating, and maintaining rest areas in the State.” . (b) Control of Outdoor Advertising.— Section 131(i) of title 23, United States Code, is amended by adding at the end the following: “A State may permit the installation of signs that acknowledge the sponsorship of rest areas within such rest areas or along the main traveled way of the system, provided that such signs shall not affect the safe and efficient utilization of the Interstate System and the primary system. Criteria. The Secretary shall establish criteria for the installation of such signs on the main traveled way, including criteria pertaining to the placement of rest area sponsorship acknowledgment signs in relation to the placement of advance guide signs for rest areas.” . Subtitle F— Gulf Coast Restoration SEC. 1601. SHORT TITLE.   This subtitle may be cited as the “Resources and Ecosystems Sustainability, Tourist Opportunities, and Revived Economies of the Gulf Coast States Act of 2012”. SEC. 1602. GULF COAST RESTORATION TRUST FUND. (a) Establishment.— There is established in the Treasury of the United States a trust fund to be known as the “Gulf Coast Restoration Trust Fund” (referred to in this section as the “Trust Fund”), consisting of such amounts as are deposited in the Trust Fund under this Act or any other provision of law. (b) Transfers.— The Secretary of the Treasury shall deposit in the Trust Fund an amount equal to 80 percent of all administrative and civil penalties paid by responsible parties after the date of enactment of this Act in connection with the explosion on, and sinking of, the mobile offshore drilling unit Deepwater Horizon pursuant to a court order, negotiated settlement, or other instrument in accordance with section 311 of the Federal Water Pollution Control Act (33 U.S.C. 1321). (c) Expenditures.— Amounts in the Trust Fund, including interest earned on advances to the Trust Fund and proceeds from investment under subsection (d), shall— (1) be available for expenditure, without further appropriation, solely for the purpose and eligible activities of this subtitle and the amendments made by this subtitle; and (2) remain available until expended, without fiscal year limitation. (d) Investment.— Amounts in the Trust Fund shall be invested in accordance with section 9702 of title 31, United States Code, and any interest on, and proceeds from, any such investment shall be available for expenditure in accordance with this subtitle and the amendments made by this subtitle. (e) Administration.— Not later than 180 days after the date of enactment of this Act, after providing notice and an opportunity for public comment, the Secretary of the Treasury, in consultation with the Secretary of the Interior and the Secretary of Commerce, shall establish such procedures as the Secretary determines to be necessary to deposit amounts in, and expend amounts from, the Trust Fund pursuant to this subtitle, including— (1) procedures to assess whether the programs and activities carried out under this subtitle and the amendments made by this subtitle achieve compliance with applicable requirements, including procedures by which the Secretary of the Treasury may determine whether an expenditure by a Gulf Coast State or coastal political subdivision (as those terms are defined in section 311 of the Federal Water Pollution Control Act (33 U.S.C. 1321)) pursuant to such a program or activity achieves compliance; (2) auditing requirements to ensure that amounts in the Trust Fund are expended as intended; and (3) procedures for identification and allocation of funds available to the Secretary under other provisions of law that may be necessary to pay the administrative expenses directly attributable to the management of the Trust Fund. (f) Sunset.— The authority for the Trust Fund shall terminate on the date all funds in the Trust Fund have been expended. SEC. 1603. GULF COAST NATURAL RESOURCES RESTORATION AND ECONOMIC RECOVERY.   Section 311 of the Federal Water Pollution Control Act (33 U.S.C. 1321) is amended— (1) in subsection (a)— (A) in paragraph (25)(B), by striking “and” at the end; (B) in paragraph (26)(D), by striking the period at the end and inserting a semicolon; and (C) Definitions. by adding at the end the following: “(27) the term ‘best available science’ means science that— “(A) maximizes the quality, objectivity, and integrity of information, including statistical information; “(B) uses peer-reviewed and publicly available data; and “(C) clearly documents and communicates risks and uncertainties in the scientific basis for such projects; “(28) the term ‘Chairperson’ means the Chairperson of the Council; “(29) the term ‘coastal political subdivision’ means any local political jurisdiction that is immediately below the State level of government, including a county, parish, or borough, with a coastline that is contiguous with any portion of the United States Gulf of Mexico; “(30) the term ‘Comprehensive Plan’ means the comprehensive plan developed by the Council pursuant to subsection (t); “(31) the term ‘Council’ means the Gulf Coast Ecosystem Restoration Council established pursuant to subsection (t); “(32) the term ‘Deepwater Horizon oil spill’ means the blowout and explosion of the mobile offshore drilling unit Deepwater Horizon that occurred on April 20, 2010, and resulting hydrocarbon releases into the environment; “(33) the term ‘Gulf Coast region’ means— “(A) in the Gulf Coast States, the coastal zones (as that term is defined in section 304 of the Coastal Zone Management Act of 1972 (16 U.S.C. 1453)), except that, in this section, the term ‘coastal zones’ includes land within the coastal zones that is held in trust by, or the use of which is by law subject solely to the discretion of, the Federal Government or officers or agents of the Federal Government)) that border the Gulf of Mexico; “(B) any adjacent land, water, and watersheds, that are within 25 miles of the coastal zones described in subparagraph (A) of the Gulf Coast States; and “(C) all Federal waters in the Gulf of Mexico; “(34) the term ‘Gulf Coast State’ means any of the States of Alabama, Florida, Louisiana, Mississippi, and Texas; and “(35) the term ‘Trust Fund’ means the Gulf Coast Restoration Trust Fund established pursuant to section 1602 of the Resources and Ecosystems Sustainability, Tourist Opportunities, and Revived Economies of the Gulf Coast States Act of 2012.” ; (2) in subsection (s), by inserting “except as provided in subsection (t)” before the period at the end; and (3) by adding at the end the following: “(t) Gulf Coast Restoration and Recovery.— “(1) State allocation and expenditures.— “(A) In general.— Of the total amounts made available in any fiscal year from the Trust Fund, 35 percent shall be available, in accordance with the requirements of this section, to the Gulf Coast States in equal shares for expenditure for ecological and economic restoration of the Gulf Coast region in accordance with this subsection. “(B) Use of funds.— “(i) Eligible activities in the gulf coast region.— Subject to clause (iii), amounts provided to the Gulf Coast States under this subsection may only be used to carry out 1 or more of the following activities in the Gulf Coast region: “(I) Restoration and protection of the natural resources, ecosystems, fisheries, marine and wildlife habitats, beaches, and coastal wetlands of the Gulf Coast region. “(II) Mitigation of damage to fish, wildlife, and natural resources. “(III) Implementation of a federally approved marine, coastal, or comprehensive conservation management plan, including fisheries monitoring. “(IV) Workforce development and job creation. “(V) Improvements to or on State parks located in coastal areas affected by the Deepwater Horizon oil spill. “(VI) Infrastructure projects benefitting the economy or ecological resources, including port infrastructure. “(VII) Coastal flood protection and related infrastructure. “(VIII) Planning assistance. “(IX) Administrative costs of complying with this subsection. “(ii) Activities to promote tourism and seafood in the gulf coast region.— Amounts provided to the Gulf Coast States under this subsection may be used to carry out 1 or more of the following activities: “(I) Promotion of tourism in the Gulf Coast Region, including recreational fishing. “(II) Promotion of the consumption of seafood harvested from the Gulf Coast Region. “(iii) Limitation.— “(I) In general.— Of the amounts received by a Gulf Coast State under this subsection, not more than 3 percent may be used for administrative costs eligible under clause (i)(IX). “(II) Claims for compensation.— Activities funded under this subsection may not be included in any claim for compensation paid out by the Oil Spill Liability Trust Fund after the date of enactment of this subsection. “(C) Coastal political subdivisions.— “(i) Distribution.— In the case of a State where the coastal zone includes the entire State— “(I) 75 percent of funding shall be provided directly to the 8 disproportionately affected counties impacted by the Deepwater Horizon oil spill; and “(II) 25 percent shall be provided directly to nondisproportionately impacted counties within the State. “(ii) Nondisproportionately impacted counties.— The total amounts made available to coastal political subdivisions in the State of Florida under clause (i)(II) shall be distributed according to the following weighted formula: “(I) 34 percent based on the weighted average of the population of the county. “(II) 33 percent based on the weighted average of the county per capita sales tax collections estimated for fiscal year 2012. “(III) 33 percent based on the inverse proportion of the weighted average distance from the Deepwater Horizon oil rig to each of the nearest and farthest points of the shoreline. “(D) Louisiana.— “(i) In general.— Of the total amounts made available to the State of Louisiana under this paragraph: “(I) 70 percent shall be provided directly to the State in accordance with this subsection. “(II) 30 percent shall be provided directly to parishes in the coastal zone (as defined in section 304 of the Coastal Zone Management Act of 1972 (16 U.S.C. 1453)) of the State of Louisiana according to the following weighted formula: “(aa) 40 percent based on the weighted average of miles of the parish shoreline oiled. “(bb) 40 percent based on the weighted average of the population of the parish. “(cc) 20 percent based on the weighted average of the land mass of the parish. “(ii) Conditions.— “(I) Land use plan.— As a condition of receiving amounts allocated under this paragraph, the chief executive of the eligible parish shall certify to the Governor of the State that the parish has completed a comprehensive land use plan. “(II) Other conditions.— A coastal political subdivision receiving funding under this paragraph shall meet all of the conditions in subparagraph (E). “(E) Conditions.— As a condition of receiving amounts from the Trust Fund, a Gulf Coast State, including the entities described in subparagraph (F), or a coastal political subdivision shall— “(i) agree to meet such conditions, including audit requirements, as the Secretary of the Treasury determines necessary to ensure that amounts disbursed from the Trust Fund will be used in accordance with this subsection; “(ii) Certification. certify in such form and in such manner as the Secretary of the Treasury determines necessary that the project or program for which the Gulf Coast State or coastal political subdivision is requesting amounts— “(I) is designed to restore and protect the natural resources, ecosystems, fisheries, marine and wildlife habitats, beaches, coastal wetlands, or economy of the Gulf Coast; “(II) carries out 1 or more of the activities described in clauses (i) and (ii) of subparagraph (B); “(III) was selected based on meaningful input from the public, including broad-based participation from individuals, businesses, and nonprofit organizations; and “(IV) in the case of a natural resource protection or restoration project, is based on the best available science; “(iii) Certification. certify that the project or program and the awarding of a contract for the expenditure of amounts received under this paragraph are consistent with the standard procurement rules and regulations governing a comparable project or program in that State, including all applicable competitive bidding and audit requirements; and “(iv) Implementation plan. develop and submit a multiyear implementation plan for the use of such amounts, which may include milestones, projected completion of each activity, and a mechanism to evaluate the success of each activity in helping to restore and protect the Gulf Coast region impacted by the Deepwater Horizon oil spill. “(F) Approval by state entity, task force, or agency.— The following Gulf Coast State entities, task forces, or agencies shall carry out the duties of a Gulf Coast State pursuant to this paragraph: “(i) Alabama.— “(I) In general.— In the State of Alabama, the Alabama Gulf Coast Recovery Council, which shall be comprised of only the following: “(aa) The Governor of Alabama, who shall also serve as Chairperson and preside over the meetings of the Alabama Gulf Coast Recovery Council. “(bb) The Director of the Alabama State Port Authority, who shall also serve as Vice Chairperson and preside over the meetings of the Alabama Gulf Coast Recovery Council in the absence of the Chairperson. “(cc) The Chairman of the Baldwin County Commission. “(dd) The President of the Mobile County Commission. “(ee) The Mayor of the city of Bayou La Batre. “(ff) The Mayor of the town of Dauphin Island. “(gg) The Mayor of the city of Fairhope. “(hh) The Mayor of the city of Gulf Shores. “(ii) The Mayor of the city of Mobile. “(jj) The Mayor of the city of Orange Beach. “(II) Vote.— Each member of the Alabama Gulf Coast Recovery Council shall be entitled to 1 vote. “(III) Majority vote.— All decisions of the Alabama Gulf Coast Recovery Council shall be made by majority vote. “(IV) Limitation on administrative expenses.— Administrative duties for the Alabama Gulf Coast Recovery Council may only be performed by public officials and employees that are subject to the ethics laws of the State of Alabama. “(ii) Louisiana.— In the State of Louisiana, the Coastal Protection and Restoration Authority of Louisiana. “(iii) Mississippi.— In the State of Mississippi, the Mississippi Department of Environmental Quality. “(iv) Texas.— In the State of Texas, the Office of the Governor or an appointee of the Office of the Governor. “(G) Compliance with eligible activities.— If the Secretary of the Treasury determines that an expenditure by a Gulf Coast State or coastal political subdivision of amounts made available under this subsection does not meet one of the activities described in clauses (i) and (ii) of subparagraph (B), the Secretary shall make no additional amounts from the Trust Fund available to that Gulf Coast State or coastal political subdivision until such time as an amount equal to the amount expended for the unauthorized use— “(i) has been deposited by the Gulf Coast State or coastal political subdivision in the Trust Fund; or “(ii) has been authorized by the Secretary of the Treasury for expenditure by the Gulf Coast State or coastal political subdivision for a project or program that meets the requirements of this subsection. “(H) Compliance with conditions.— If the Secretary of the Treasury determines that a Gulf Coast State or coastal political subdivision does not meet the requirements of this paragraph, including the conditions of subparagraph (E), where applicable, the Secretary of the Treasury shall make no amounts from the Trust Fund available to that Gulf Coast State or coastal political subdivision until all conditions of this paragraph are met. “(I) Public input.— In meeting any condition of this paragraph, a Gulf Coast State may use an appropriate procedure for public consultation in that Gulf Coast State, including consulting with one or more established task forces or other entities, to develop recommendations for proposed projects and programs that would restore and protect the natural resources, ecosystems, fisheries, marine and wildlife habitats, beaches, coastal wetlands, and economy of the Gulf Coast. “(J) Previously approved projects and programs.— A Gulf Coast State or coastal political subdivision shall be considered to have met the conditions of subparagraph (E) for a specific project or program if, before the date of enactment of the Resources and Ecosystems Sustainability, Tourist Opportunities, and Revived Economies of the Gulf Coast States Act of 2012— “(i) the Gulf Coast State or coastal political subdivision has established conditions for carrying out projects and programs that are substantively the same as the conditions described in subparagraph (E); and “(ii) the applicable project or program carries out 1 or more of the activities described in clauses (i) and (ii) of subparagraph (B). “(K) Local preference.— In awarding contracts to carry out a project or program under this paragraph, a Gulf Coast State or coastal political subdivision may give a preference to individuals and companies that reside in, are headquartered in, or are principally engaged in business in the State of project execution. “(L) Unused funds.— Funds allocated to a State or coastal political subdivision under this paragraph shall remain in the Trust Fund until such time as the State or coastal political subdivision develops and submits a plan identifying uses for those funds in accordance with subparagraph (E)(iv). “(M) Judicial review.— If the Secretary of the Treasury determines that a Gulf Coast State or coastal political subdivision does not meet the requirements of this paragraph, including the conditions of subparagraph (E), the Gulf Coast State or coastal political subdivision may obtain expedited judicial review within 90 days after that decision in a district court of the United States, of appropriate jurisdiction and venue, that is located within the State seeking the review. “(N) Cost-sharing.— “(i) In general.— A Gulf Coast State or coastal political subdivision may use, in whole or in part, amounts made available under this paragraph to that Gulf Coast State or coastal political subdivision to satisfy the non-Federal share of the cost of any project or program authorized by Federal law that is an eligible activity described in clauses (i) and (ii) of subparagraph (B). “(ii) Effect on other funds.— The use of funds made available from the Trust Fund to satisfy the non-Federal share of the cost of a project or program that meets the requirements of clause (i) shall not affect the priority in which other Federal funds are allocated or awarded. “(2) Council establishment and allocation.— “(A) In general.— Of the total amount made available in any fiscal year from the Trust Fund, 30 percent shall be disbursed to the Council to carry out the Comprehensive Plan. “(B) Council expenditures.— “(i) In general.— In accordance with this paragraph, the Council shall expend funds made available from the Trust Fund to undertake projects and programs, using the best available science, that would restore and protect the natural resources, ecosystems, fisheries, marine and wildlife habitats, beaches, coastal wetlands, and economy of the Gulf Coast. “(ii) Allocation and expenditure procedures.— The Secretary of the Treasury shall develop such conditions, including audit requirements, as the Secretary of the Treasury determines necessary to ensure that amounts disbursed from the Trust Fund to the Council to implement the Comprehensive Plan will be used in accordance with this paragraph. “(iii) Administrative expenses.— Of the amounts received by the Council under this paragraph, not more than 3 percent may be used for administrative expenses, including staff. “(C) Gulf coast ecosystem restoration council.— “(i) Establishment.— There is established as an independent entity in the Federal Government a council to be known as the ‘Gulf Coast Ecosystem Restoration Council’. “(ii) Membership.— The Council shall consist of the following members, or in the case of a Federal agency, a designee at the level of the Assistant Secretary or the equivalent: “(I) The Secretary of the Interior. “(II) The Secretary of the Army. “(III) The Secretary of Commerce. “(IV) The Administrator of the Environmental Protection Agency. “(V) The Secretary of Agriculture. “(VI) The head of the department in which the Coast Guard is operating. “(VII) The Governor of the State of Alabama. “(VIII) The Governor of the State of Florida. “(IX) The Governor of the State of Louisiana. “(X) The Governor of the State of Mississippi. “(XI) The Governor of the State of Texas. “(iii) Alternate.— A Governor appointed to the Council by the President may designate an alternate to represent the Governor on the Council and vote on behalf of the Governor. “(iv) Chairperson.— From among the Federal agency members of the Council, the representatives of States on the Council shall select, and the President shall appoint, 1 Federal member to serve as Chairperson of the Council. “(v) Presidential appointment.— All Council members shall be appointed by the President. “(vi) Council actions.— “(I) In general.— The following actions by the Council shall require the affirmative vote of the Chairperson and a majority of the State members to be effective: “(aa) Approval of a Comprehensive Plan and future revisions to a Comprehensive Plan. “(bb) Approval of State plans pursuant to paragraph (3)(B)(iv). “(cc) Approval of reports to Congress pursuant to clause (vii)(VII). “(dd) Approval of transfers pursuant to subparagraph (E)(ii)(I). “(ee) Other significant actions determined by the Council. “(II) Quorum.— A majority of State members shall be required to be present for the Council to take any significant action. “(III) Affirmative vote requirement considered met.— For approval of State plans pursuant to paragraph (3)(B)(iv), the certification by a State member of the Council that the plan satisfies all requirements of clauses (i) and (ii) of paragraph (3)(B), when joined by an affirmative vote of the Federal Chairperson of the Council, shall be considered to satisfy the requirements for affirmative votes under subclause (I). “(IV) Public transparency.— Appropriate actions of the Council, including significant actions and associated deliberations, shall be made available to the public via electronic means prior to any vote. “(vii) Duties of council.— The Council shall— “(I) develop the Comprehensive Plan and future revisions to the Comprehensive Plan; “(II) identify as soon as practicable the projects that— “(aa) have been authorized prior to the date of enactment of this subsection but not yet commenced; and “(bb) if implemented quickly, would restore and protect the natural resources, ecosystems, fisheries, marine and wildlife habitats, beaches, barrier islands, dunes, and coastal wetlands of the Gulf Coast region; “(III) establish such other 1 or more advisory committees as may be necessary to assist the Council, including a scientific advisory committee and a committee to advise the Council on public policy issues; “(IV) collect and consider scientific and other research associated with restoration of the Gulf Coast ecosystem, including research, observation, and monitoring carried out pursuant to sections 1604 and 1605 of the Resources and Ecosystems Sustainability, Tourist Opportunities, and Revived Economies of the Gulf Coast States Act of 2012; “(V) develop standard terms to include in contracts for projects and programs awarded pursuant to the Comprehensive Plan that provide a preference to individuals and companies that reside in, are headquartered in, or are principally engaged in business in a Gulf Coast State; “(VI) prepare an integrated financial plan and recommendations for coordinated budget requests for the amounts proposed to be expended by the Federal agencies represented on the Council for projects and programs in the Gulf Coast States; and “(VII) Reports. submit to Congress an annual report that— “(aa) summarizes the policies, strategies, plans, and activities for addressing the restoration and protection of the Gulf Coast region; “(bb) describes the projects and programs being implemented to restore and protect the Gulf Coast region, including— “(AA) a list of each project and program; “(BB) an identification of the funding provided to projects and programs identified in subitem (AA); “(CC) an identification of each recipient for funding identified in subitem (BB); and “(DD) a description of the length of time and funding needed to complete the objectives of each project and program identified in subitem (AA); “(cc) makes such recommendations to Congress for modifications of existing laws as the Council determines necessary to implement the Comprehensive Plan; “(dd) reports on the progress on implementation of each project or program— “(AA) after 3 years of ongoing activity of the project or program, if applicable; and “(BB) on completion of the project or program; “(ee) includes the information required to be submitted under section 1605(c)(4) of the Resources and Ecosystems Sustainability, Tourist Opportunities, and Revived Economies of the Gulf Coast States Act of 2012; and “(ff) submits the reports required under item (dd) to— “(AA) the Committee on Science, Space, and Technology, the Committee on Natural Resources, the Committee on Transportation and Infrastructure, and the Committee on Appropriations of the House of Representatives; and “(BB) the Committee on Environment and Public Works, the Committee on Commerce, Science, and Transportation, the Committee on Energy and Natural Resources, and the Committee on Appropriations of the Senate. “(viii) Application of federal advisory committee act.— The Council, or any other advisory committee established under this subparagraph, shall not be considered an advisory committee under the Federal Advisory Committee Act (5 U.S.C. App.). “(ix) Sunset.— The authority for the Council, and any other advisory committee established under this subparagraph, shall terminate on the date all funds in the Trust Fund have been expended. “(D) Comprehensive plan.— “(i) Proposed plan.— “(I) In general.— Not later than 180 days after the date of enactment of the Resources and Ecosystems Sustainability, Tourist Opportunities, and Revived Economies of the Gulf Coast States Act of 2012, the Chairperson, on behalf of the Council and after appropriate public input, review, and comment, shall publish a proposed plan to restore and protect the natural resources, ecosystems, fisheries, marine and wildlife habitats, beaches, and coastal wetlands of the Gulf Coast region. “(II) Inclusions.— The proposed plan described in subclause (I) shall include and incorporate the findings and information prepared by the President’s Gulf Coast Restoration Task Force. “(ii) Publication.— “(I) Initial plan.— Not later than 1 year after the date of enactment of the Resources and Ecosystems Sustainability, Tourist Opportunities, and Revived Economies of the Gulf Coast States Act of 2012 and after notice and opportunity for public comment, the Chairperson, on behalf of the Council and after approval by the Council, shall publish in the Federal Register the initial Comprehensive Plan to restore and protect the natural resources, ecosystems, fisheries, marine and wildlife habitats, beaches, and coastal wetlands of the Gulf Coast region. “(II) Cooperation with gulf coast restoration task force.— The Council shall develop the initial Comprehensive Plan in close coordination with the President’s Gulf Coast Restoration Task Force. “(III) Considerations.— In developing the initial Comprehensive Plan and subsequent updates, the Council shall consider all relevant findings, reports, or research prepared or funded under section 1604 or 1605 of the Resources and Ecosystems Sustainability, Tourist Opportunities, and Revived Economies of the Gulf Coast States Act of 2012. “(IV) Contents.— The initial Comprehensive Plan shall include— “(aa) such provisions as are necessary to fully incorporate in the Comprehensive Plan the strategy, projects, and programs recommended by the President’s Gulf Coast Restoration Task Force; “(bb) a list of any project or program authorized prior to the date of enactment of this subsection but not yet commenced, the completion of which would further the purposes and goals of this subsection and of the Resources and Ecosystems Sustainability, Tourist Opportunities, and Revived Economies of the Gulf Coast States Act of 2012; “(cc) a description of the manner in which amounts from the Trust Fund projected to be made available to the Council for the succeeding 10 years will be allocated; and “(dd) subject to available funding in accordance with clause (iii), a prioritized list of specific projects and programs to be funded and carried out during the 3-year period immediately following the date of publication of the initial Comprehensive Plan, including a table that illustrates the distribution of projects and programs by the Gulf Coast State. “(V) Plan updates.— The Council shall update— “(aa) Time period. the Comprehensive Plan every 5 years in a manner comparable to the manner established in this subparagraph for each 5-year period for which amounts are expected to be made available to the Gulf Coast States from the Trust Fund; and “(bb) the 3-year list of projects and programs described in subclause (IV)(dd) annually. “(iii) Restoration priorities.— Except for projects and programs described in clause (ii)(IV)(bb), in selecting projects and programs to include on the 3-year list described in clause (ii)(IV)(dd), based on the best available science, the Council shall give highest priority to projects that address 1 or more of the following criteria: “(I) Projects that are projected to make the greatest contribution to restoring and protecting the natural resources, ecosystems, fisheries, marine and wildlife habitats, beaches, and coastal wetlands of the Gulf Coast region, without regard to geographic location within the Gulf Coast region. “(II) Large-scale projects and programs that are projected to substantially contribute to restoring and protecting the natural resources, ecosystems, fisheries, marine and wildlife habitats, beaches, and coastal wetlands of the Gulf Coast ecosystem. “(III) Projects contained in existing Gulf Coast State comprehensive plans for the restoration and protection of natural resources, ecosystems, fisheries, marine and wildlife habitats, beaches, and coastal wetlands of the Gulf Coast region. “(IV) Projects that restore long-term resiliency of the natural resources, ecosystems, fisheries, marine and wildlife habitats, beaches, and coastal wetlands most impacted by the Deepwater Horizon oil spill. “(E) Implementation.— “(i) In general.— The Council, acting through the Federal agencies represented on the Council and Gulf Coast States, shall expend funds made available from the Trust Fund to carry out projects and programs adopted in the Comprehensive Plan. “(ii) Administrative responsibility.— “(I) In general.— Primary authority and responsibility for each project and program included in the Comprehensive Plan shall be assigned by the Council to a Gulf Coast State represented on the Council or a Federal agency. “(II) Transfer of amounts.— Amounts necessary to carry out each project or program included in the Comprehensive Plan shall be transferred by the Secretary of the Treasury from the Trust Fund to that Federal agency or Gulf Coast State as the project or program is implemented, subject to such conditions as the Secretary of the Treasury, in consultation with the Secretary of the Interior and the Secretary of Commerce, established pursuant to section 1602 of the Resources and Ecosystems Sustainability, Tourist Opportunities, and Revived Economies of the Gulf Coast States Act of 2012. “(III) Limitation on transfers.— “(aa) Grants to nongovernmental entities.— In the case of funds transferred to a Federal or State agency under subclause (II), the agency shall not make 1 or more grants or cooperative agreements to a nongovernmental entity if the total amount provided to the entity would equal or exceed 10 percent of the total amount provided to the agency for that particular project or program, unless the 1 or more grants have been reported in accordance with item (bb). “(bb) Reporting of grantees.— At least 30 days prior to making a grant or entering into a cooperative agreement described in item (aa), the name of each grantee, including the amount and purpose of each grant or cooperative agreement, shall be published in the Federal Register and delivered to the congressional committees listed in subparagraph (C)(vii)(VII)(ff). “(cc) Annual reporting of grantees.— Annually, the name of each grantee, including the amount and purposes of each grant or cooperative agreement, shall be published in the Federal Register and delivered to Congress as part of the report submitted pursuant to subparagraph (C)(vii)(VII). “(IV) Project and program limitation.— The Council, a Federal agency, or a State may not carry out a project or program funded under this paragraph outside of the Gulf Coast region. “(F) Coordination.— The Council and the Federal members of the Council may develop memoranda of understanding establishing integrated funding and implementation plans among the member agencies and authorities. “(3) Oil spill restoration impact allocation.— “(A) In general.— “(i) Disbursement.— Of the total amount made available from the Trust Fund, 30 percent shall be disbursed pursuant to the formula in clause (ii) to the Gulf Coast States on the approval of the plan described in subparagraph (B)(i). “(ii) Formula.— Subject to subparagraph (B), for each Gulf Coast State, the amount disbursed under this paragraph shall be based on a formula established by the Council by regulation that is based on a weighted average of the following criteria: “(I) 40 percent based on the proportionate number of miles of shoreline in each Gulf Coast State that experienced oiling on or before April 10, 2011, compared to the total number of miles of shoreline that experienced oiling as a result of the Deepwater Horizon oil spill. “(II) 40 percent based on the inverse proportion of the average distance from the mobile offshore drilling unit Deepwater Horizon at the time of the explosion to the nearest and farthest point of the shoreline that experienced oiling of each Gulf Coast State. “(III) 20 percent based on the average population in the 2010 decennial census of coastal counties bordering the Gulf of Mexico within each Gulf Coast State. “(iii) Minimum allocation.— The amount disbursed to a Gulf Coast State for each fiscal year under clause (ii) shall be at least 5 percent of the total amounts made available under this paragraph. “(B) Disbursement of funds.— “(i) In general.— The Council shall disburse amounts to the respective Gulf Coast States in accordance with the formula developed under subparagraph (A) for projects, programs, and activities that will improve the ecosystems or economy of the Gulf Coast region, subject to the condition that each Gulf Coast State submits a plan for the expenditure of amounts disbursed under this paragraph that meets the following criteria: “(I) All projects, programs, and activities included in the plan are eligible activities pursuant to clauses (i) and (ii) of paragraph (1)(B). “(II) The projects, programs, and activities included in the plan contribute to the overall economic and ecological recovery of the Gulf Coast. “(III) The plan takes into consideration the Comprehensive Plan and is consistent with the goals and objectives of the Plan, as described in paragraph (2)(B)(i). “(ii) Funding.— “(I) In general.— Except as provided in subclause (II), the plan described in clause (i) may use not more than 25 percent of the funding made available for infrastructure projects eligible under subclauses (VI) and (VII) of paragraph (1)(B)(i). “(II) Exception.— The plan described in clause (i) may propose to use more than 25 percent of the funding made available for infrastructure projects eligible under subclauses (VI) and (VII) of paragraph (1)(B)(i) if the plan certifies that— “(aa) ecosystem restoration needs in the State will be addressed by the projects in the proposed plan; and “(bb) additional investment in infrastructure is required to mitigate the impacts of the Deepwater Horizon Oil Spill to the ecosystem or economy. “(iii) Development.— The plan described in clause (i) shall be developed by— “(I) in the State of Alabama, the Alabama Gulf Coast Recovery Council established under paragraph (1)(F)(i); “(II) in the State of Florida, a consortia of local political subdivisions that includes at a minimum 1 representative of each affected county; “(III) in the State of Louisiana, the Coastal Protection and Restoration Authority of Louisiana; “(IV) in the State of Mississippi, the Office of the Governor or an appointee of the Office of the Governor; and “(V) in the State of Texas, the Office of the Governor or an appointee of the Office of the Governor. “(iv) Approval.— Not later than 60 days after the date on which a plan is submitted under clause (i), the Council shall approve or disapprove the plan based on the conditions of clause (i). “(C) Disapproval.— If the Council disapproves a plan pursuant to subparagraph (B)(iv), the Council shall— “(i) provide the reasons for disapproval in writing; and “(ii) Consultation. consult with the State to address any identified deficiencies with the State plan. “(D) Failure to submit adequate plan.— If a State fails to submit an adequate plan under this paragraph, any funds made available under this paragraph shall remain in the Trust Fund until such date as a plan is submitted and approved pursuant to this paragraph. “(E) Judicial review.— If the Council fails to approve or take action within 60 days on a plan, as described in subparagraph (B)(iv), the State may obtain expedited judicial review within 90 days of that decision in a district court of the United States, of appropriate jurisdiction and venue, that is located within the State seeking the review. “(F) Cost-sharing.— “(i) In general.— A Gulf Coast State or coastal political subdivision may use, in whole or in part, amounts made available to that Gulf Coast State or coastal political subdivision under this paragraph to satisfy the non-Federal share of any project or program that— “(I) is authorized by other Federal law; and “(II) is an eligible activity described in clause (i) or (ii) of paragraph (1)(B). “(ii) Effect on other funds.— The use of funds made available from the Trust Fund under this paragraph to satisfy the non-Federal share of the cost of a project or program described in clause (i) shall not affect the priority in which other Federal funds are allocated or awarded. “(4) Authorization of interest transfers.— Of the total amount made available for any fiscal year from the Trust Fund that is equal to the interest earned by the Trust Fund and proceeds from investments made by the Trust Fund in the preceding fiscal year— “(A) 50 percent shall be divided equally between— “(i) the Gulf Coast Ecosystem Restoration Science, Observation, Monitoring, and Technology program authorized in section 1604 of the Resources and Ecosystems Sustainability, Tourist Opportunities, and Revived Economies of the Gulf Coast States Act of 2012; and “(ii) the centers of excellence research grants authorized in section 1605 of that Act; and “(B) 50 percent shall be made available to the Gulf Coast Ecosystem Restoration Council to carry out the Comprehensive Plan pursuant to paragraph (2).” . SEC. 1604. GULF COAST ECOSYSTEM RESTORATION SCIENCE, OBSERVATION, MONITORING, AND TECHNOLOGY PROGRAM. (a) Definitions.— In this section: (1) Administrator.— The term “Administrator” means the Administrator of the National Oceanic and Atmospheric Administration. (2) Commission.— The term “Commission” means the Gulf States Marine Fisheries Commission. (3) Director.— The term “Director” means the Director of the United States Fish and Wildlife Service. (4) Program.— The term “program” means the Gulf Coast Ecosystem Restoration Science, Observation, Monitoring, and Technology program established under this section. (b) Establishment of Program.— (1) In general.— Not later than 180 days after the date of enactment of this Act, the Administrator, in consultation with the Director, shall establish the Gulf Coast Ecosystem Restoration Science, Observation, Monitoring, and Technology program to carry out research, observation, and monitoring to support, to the maximum extent practicable, the long-term sustainability of the ecosystem, fish stocks, fish habitat, and the recreational, commercial, and charter fishing industry in the Gulf of Mexico. (2) Expenditure of funds.— For each fiscal year, amounts made available to carry out this subsection may be expended for, with respect to the Gulf of Mexico— (A) marine and estuarine research; (B) marine and estuarine ecosystem monitoring and ocean observation; (C) data collection and stock assessments; (D) pilot programs for— (i) fishery independent data; and (ii) reduction of exploitation of spawning aggregations; and (E) cooperative research. (3) Cooperation with the commission.— For each fiscal year, amounts made available to carry out this subsection may be transferred to the Commission to establish a fisheries monitoring and research program, with respect to the Gulf of Mexico. (4) Consultation.— The Administrator and the Director shall consult with the Regional Gulf of Mexico Fishery Management Council and the Commission in carrying out the program. (c) Species Included.— The research, monitoring, assessment, and programs eligible for amounts made available under the program shall include all marine, estuarine, aquaculture, and fish species in State and Federal waters of the Gulf of Mexico. (d) Research Priorities.— In distributing funding under this subsection, priority shall be given to integrated, long-term projects that— (1) build on, or are coordinated with, related research activities; and (2) address current or anticipated marine ecosystem, fishery, or wildlife management information needs. (e) Duplication.— In carrying out this section, the Administrator, in consultation with the Director, shall seek to avoid duplication of other research and monitoring activities. (f) Coordination With Other Programs.— The Administrator, in consultation with the Director, shall develop a plan for the coordination of projects and activities between the program and other existing Federal and State science and technology programs in the States of Alabama, Florida, Louisiana, Mississippi, and Texas, as well as between the centers of excellence. (g) Limitation on Expenditures.— (1) In general.— Not more than 3 percent of funds provided in subsection (h) shall be used for administrative expenses. (2) NOAA.— The funds provided in subsection (h) may not be used— (A) for any existing or planned research led by the National Oceanic and Atmospheric Administration, unless agreed to in writing by the grant recipient; (B) to implement existing regulations or initiate new regulations promulgated or proposed by the National Oceanic and Atmospheric Administration; or (C) to develop or approve a new limited access privilege program (as that term is used in section 303A of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1853a)) for any fishery under the jurisdiction of the South Atlantic, Mid-Atlantic, New England, or Gulf of Mexico Fishery Management Councils. (h) Funding.— Of the total amount made available for each fiscal year for the Gulf Coast Restoration Trust Fund established under section 1602, 2.5 percent shall be available to carry out the program. (i) Sunset.— The program shall cease operations when all funds in the Gulf Coast Restoration Trust Fund established under section 1602 have been expended. SEC. 1605. CENTERS OF EXCELLENCE RESEARCH GRANTS. (a) In General.— Of the total amount made available for each fiscal year from the Gulf Coast Restoration Trust Fund established under section 1602, 2.5 percent shall be made available to the Gulf Coast States (as defined in section 311(a) of the Federal Water Pollution Control Act (as added by section 1603 of the Resources and Ecosystems Sustainability, Tourist Opportunities, and Revived Economies of the Gulf Coast States Act of 2012)), in equal shares, exclusively for grants in accordance with subsection (c) to establish centers of excellence to conduct research only on the Gulf Coast Region (as defined in section 311 of the Federal Water Pollution Control Act (33. U.S.C. 1321)). (b) Approval by State Entity, Task Force, or Agency.— The duties of a Gulf Coast State under this section shall be carried out by the applicable Gulf Coast State entities, task forces, or agencies listed in section 311(t)(1)(F) of the Federal Water Pollution Control Act (as added by section 1603 of the Resources and Ecosystems Sustainability, Tourist Opportunities, and Revived Economies of the Gulf Coast States Act of 2012), and for the State of Florida, a consortium of public and private research institutions within the State, which shall include the Florida Department of Environmental Protection and the Florida Fish and Wildlife Conservation Commission, for that Gulf Coast State. (c) Grants.— (1) In general.— A Gulf Coast State shall use the amounts made available to carry out this section to award competitive grants to nongovernmental entities and consortia in the Gulf Coast region (including public and private institutions of higher education) for the establishment of centers of excellence as described in subsection (d). (2) Application.— To be eligible to receive a grant under this subsection, an entity or consortium described in paragraph (1) shall submit to a Gulf Coast State an application at such time, in such manner, and containing such information as the Gulf Coast State determines to be appropriate. (3) Priority.— In awarding grants under this subsection, a Gulf Coast State shall give priority to entities and consortia that demonstrate the ability to establish the broadest cross-section of participants with interest and expertise in any discipline described in subsection (d) on which the proposal of the center of excellence will be focused. (4) Reporting.— (A) In general.— Each Gulf Coast State shall provide annually to the Gulf Coast Ecosystem Restoration Council established under section 311(t)(2)(C) of the Federal Water Pollution Control Act (as added by section 1603 of the Resources and Ecosystems Sustainability, Tourist Opportunities, and Revived Economies of the Gulf Coast States Act of 2012) information regarding all grants, including the amount, discipline or disciplines, and recipients of the grants, and in the case of any grant awarded to a consortium, the membership of the consortium. (B) Inclusion.— The Gulf Coast Ecosystem Restoration Council shall include the information received under subparagraph (A) in the annual report to Congress of the Council required under section 311(t)(2)(C)(vii)(VII) of the Federal Water Pollution Control Act (as added by section 1603 of the Resources and Ecosystems Sustainability, Tourist Opportunities, and Revived Economies of the Gulf Coast States Act of 2012). (d) Disciplines.— Each center of excellence shall focus on science, technology, and monitoring in at least 1 of the following disciplines: (1) Coastal and deltaic sustainability, restoration and protection, including solutions and technology that allow citizens to live in a safe and sustainable manner in a coastal delta in the Gulf Coast Region. (2) Coastal fisheries and wildlife ecosystem research and monitoring in the Gulf Coast Region. (3) Offshore energy development, including research and technology to improve the sustainable and safe development of energy resources in the Gulf of Mexico. (4) Sustainable and resilient growth, economic and commercial development in the Gulf Coast Region. (5) Comprehensive observation, monitoring, and mapping of the Gulf of Mexico. SEC. 1606. EFFECT. (a) Definition of Deepwater Horizon Oil Spill.— In this section, the term “Deepwater Horizon oil spill” has the meaning given the term in section 311(a) of the Federal Water Pollution Control Act (33 U.S.C. 1321(a)). (b) Effect and Application.— Nothing in this subtitle or any amendment made by this subtitle— (1) supersedes or otherwise affects any other provision of Federal law, including, in particular, laws providing recovery for injury to natural resources under the Oil Pollution Act of 1990 (33 U.S.C. 2701 et seq.) and laws for the protection of public health and the environment; or (2) applies to any fine collected under section 311 of the Federal Water Pollution Control Act (33 U.S.C. 1321) for any incident other than the Deepwater Horizon oil spill. (c) Use of Funds.— Funds made available under this subtitle may be used only for eligible activities specifically authorized by this subtitle and the amendments made by this subtitle. SEC. 1607. RESTORATION AND PROTECTION ACTIVITY LIMITATIONS. (a) Willing Seller.— Funds made available under this subtitle may only be used to acquire land or interests in land by purchase, exchange, or donation from a willing seller. (b) Acquisition of Federal Land.— None of the funds made available under this subtitle may be used to acquire land in fee title by the Federal Government unless— (1) the land is acquired by exchange or donation; or (2) the acquisition is necessary for the restoration and protection of the natural resources, ecosystems, fisheries, marine and wildlife habitats, beaches, and coastal wetlands of the Gulf Coast region and has the concurrence of the Governor of the State in which the acquisition will take place. SEC. 1608. INSPECTOR GENERAL.   The Office of the Inspector General of the Department of the Treasury shall have authority to conduct, supervise, and coordinate audits and investigations of projects, programs, and activities funded under this subtitle and the amendments made by this subtitle.

61. 2012

    Moving Ahead for Progress in the 21st Century Act

    Pub. L. 112–141 § 1103(a)(2) · 126 Stat. 405

    1. Redesignated · 23 U.S.C. § 101(a)(4)

       Pub. L. 112–141, § 1103(a)(2), (4)(A), redesignated par. (3) as (4)

    2. Redesignated · 23 U.S.C. § 101(a)(4)

       Pub. L. 112–141, § 1103(a)(2), (4)(A), inserted “or any project eligible for assistance under this title” after “reconstruction of a highway” in introductory provisions. Former par. (4) redesignated (5)

    Source evidence

    Code amendment note
    Subsec. (a)(4). Pub. L. 112–141, § 1103(a)(2), (4)(A), redesignated par. (3) as (4) and inserted “or any project eligible for assistance under this title” after “reconstruction of a highway” in introductory provisions. Former par. (4) redesignated (5).

    Enacted provision · exact public law section
    (2) by redesignating paragraphs (2), (3), (4), (5), (8), (13), (14), (15), (16), (17), (18), (21), (22), (23), (27), (29), (30), (31), (32), (33), (34), (35), (36), and (37) as paragraphs (3), (4), (5), (6), (9), (12), (13), (14), (15), (16), (17), (18), (19), (20), (21), (22), (23), (24), (25), (26), (28), (29), (33), and (34), respectively;

62. 2012

    Moving Ahead for Progress in the 21st Century Act

    Pub. L. 112–141 § 1103(a)(4)(B) · 126 Stat. 405

    1. Added · 23 U.S.C. § 101(a)(4)(A)

       Pub. L. 112–141, § 1103(a)(4)(B), added subpar. (A)

    2. Struck · 23 U.S.C. § 101(a)(4)(A)

       Pub. L. 112–141, § 1103(a)(4)(B), struck out former subpar. (A) which read as follows: “locating, surveying, and mapping (including the establishment of temporary and permanent geodetic markers in accordance with specifications of the National Oceanic and Atmospheric Administration of the Department of Commerce);”

    Source evidence

    Code amendment note
    Subsec. (a)(4)(A). Pub. L. 112–141, § 1103(a)(4)(B), added subpar. (A) and struck out former subpar. (A) which read as follows: “locating, surveying, and mapping (including the establishment of temporary and permanent geodetic markers in accordance with specifications of the National Oceanic and Atmospheric Administration of the Department of Commerce);”.

    Enacted provision · exact public law section
    (B) by striking subparagraph (A) and inserting the following: “(A) preliminary engineering, engineering, and design-related services directly relating to the construction of a highway project, including engineering, design, project development and management, construction project management and inspection, surveying, mapping (including the establishment of temporary and permanent geodetic control in accordance with specifications of the National Oceanic and Atmospheric Administration), and architectural-related services;” ;

63. 2012

    Moving Ahead for Progress in the 21st Century Act

    Pub. L. 112–141 § 1103(a)(4)(C) · 126 Stat. 405

    1. Inserted · 23 U.S.C. § 101(a)(4)(B)

       Pub. L. 112–141, § 1103(a)(4)(C), inserted “reconstruction,” before “resurfacing,”

    2. Substituted · 23 U.S.C. § 101(a)(4)(B)

       Pub. L. 112–141, § 1103(a)(4)(C), substituted “rehabilitation, and preservation” for “and rehabilitation”

    Source evidence

    Code amendment note
    Subsec. (a)(4)(B). Pub. L. 112–141, § 1103(a)(4)(C), inserted “reconstruction,” before “resurfacing,” and substituted “rehabilitation, and preservation” for “and rehabilitation”.

    Enacted provision · exact public law section
    (C) in subparagraph (B)— (i) by inserting “reconstruction,” before “resurfacing”; and (ii) by striking “and rehabilitation” and inserting “rehabilitation, and preservation”;

64. 2012

    Moving Ahead for Progress in the 21st Century Act

    Pub. L. 112–141 § 1103(a)(4)(D) · 126 Stat. 405

    Substituted · 23 U.S.C. § 101(a)(4)(E)

    Pub. L. 112–141, § 1103(a)(4)(D), substituted “railway-highway” for “railway”

    Source evidence

    Code amendment note
    Subsec. (a)(4)(E). Pub. L. 112–141, § 1103(a)(4)(D), substituted “railway-highway” for “railway”.

    Enacted provision · exact public law section
    (D) in subparagraph (E) by striking “railway” and inserting “railway-highway”; and

65. 2012

    Moving Ahead for Progress in the 21st Century Act

    Pub. L. 112–141 § 1103(a)(4)(E) · 126 Stat. 405

    Substituted · 23 U.S.C. § 101(a)(4)(F)

    Pub. L. 112–141, § 1103(a)(4)(E), substituted “hazards” for “obstacles”

    Source evidence

    Code amendment note
    Subsec. (a)(4)(F). Pub. L. 112–141, § 1103(a)(4)(E), substituted “hazards” for “obstacles”.

    Enacted provision · exact public law section
    (E) in subparagraph (F) by striking “obstacles” and inserting “hazards”;

66. 2012

    Moving Ahead for Progress in the 21st Century Act

    Pub. L. 112–141 § 1103(a)(2) · 126 Stat. 405

    Redesignated · 23 U.S.C. § 101(a)(5)

    Pub. L. 112–141, § 1103(a)(2), redesignated par. (4) as (5). Former par. (5) redesignated (6)

    Source evidence

    Code amendment note
    Subsec. (a)(5). Pub. L. 112–141, § 1103(a)(2), redesignated par. (4) as (5). Former par. (5) redesignated (6).

    Enacted provision · exact public law section
    (2) by redesignating paragraphs (2), (3), (4), (5), (8), (13), (14), (15), (16), (17), (18), (21), (22), (23), (27), (29), (30), (31), (32), (33), (34), (35), (36), and (37) as paragraphs (3), (4), (5), (6), (9), (12), (13), (14), (15), (16), (17), (18), (19), (20), (21), (22), (23), (24), (25), (26), (28), (29), (33), and (34), respectively;

67. 2012

    Moving Ahead for Progress in the 21st Century Act

    Pub. L. 112–141 § 1103(a)(2) · 126 Stat. 405

    1. Redesignated · 23 U.S.C. § 101(a)(6)

       Pub. L. 112–141, § 1103(a)(2), (5), redesignated par. (5) as (6)

    2. Inserted · 23 U.S.C. § 101(a)(6)

       Pub. L. 112–141, § 1103(a)(2), (5), inserted “public” before “highway eligible” and “functionally” before “classified”

    Source evidence

    Code amendment note
    Subsec. (a)(6). Pub. L. 112–141, § 1103(a)(2), (5), redesignated par. (5) as (6) and inserted “public” before “highway eligible” and “functionally” before “classified”.

    Enacted provision · exact public law section
    (2) by redesignating paragraphs (2), (3), (4), (5), (8), (13), (14), (15), (16), (17), (18), (21), (22), (23), (27), (29), (30), (31), (32), (33), (34), (35), (36), and (37) as paragraphs (3), (4), (5), (6), (9), (12), (13), (14), (15), (16), (17), (18), (19), (20), (21), (22), (23), (24), (25), (26), (28), (29), (33), and (34), respectively;

68. 2012

    Moving Ahead for Progress in the 21st Century Act

    Pub. L. 112–141 § 1103(a)(1) · 126 Stat. 405

    Struck · 23 U.S.C. § 101(a)(6)

    Pub. L. 112–141, § 1103(a)(1), struck out par. (6). Text read as follows: “The term ‘Federal-aid system’ means any of the Federal-aid highway systems described in section 103.”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 112–141, § 1103(a)(1), struck out par. (6). Text read as follows: “The term ‘Federal-aid system’ means any of the Federal-aid highway systems described in section 103.”

    Enacted provision · exact public law section
    (1) by striking paragraphs (6), (7), (9), (12), (19), (20), (24), (25), (26), (28), (38), and (39);

69. 2012

    Moving Ahead for Progress in the 21st Century Act

    Pub. L. 112–141 § 1103(a)(1) · 126 Stat. 405

    1. Added · 23 U.S.C. § 101(a)(7)

       Pub. L. 112–141, § 1103(a)(1), (6), added par. (7)

    2. Struck · 23 U.S.C. § 101(a)(7)

       Pub. L. 112–141, § 1103(a)(1), (6), struck out former par. (7). Prior to amendment, text read as follows: “The term ‘Federal lands highway’ means a forest highway, public lands highway, park road, parkway, refuge road, and Indian reservation road that is a public road.”

    Source evidence

    Code amendment note
    Subsec. (a)(7). Pub. L. 112–141, § 1103(a)(1), (6), added par. (7) and struck out former par. (7). Prior to amendment, text read as follows: “The term ‘Federal lands highway’ means a forest highway, public lands highway, park road, parkway, refuge road, and Indian reservation road that is a public road.”

    Enacted provision · exact public law section
    (1) by striking paragraphs (6), (7), (9), (12), (19), (20), (24), (25), (26), (28), (38), and (39);

70. 2012

    Moving Ahead for Progress in the 21st Century Act

    Pub. L. 112–141 § 1103(a)(6) · 126 Stat. 405

    Redesignated · 23 U.S.C. § 101(a)(8)

    Pub. L. 112–141, § 1103(a)(6), added par. (8). Former par. (8) redesignated (9)

    Source evidence

    Code amendment note
    Subsec. (a)(8). Pub. L. 112–141, § 1103(a)(6), added par. (8). Former par. (8) redesignated (9).

    Enacted provision · exact public law section
    (6) by inserting after paragraph (6) (as so redesignated) the following: “(7) Federal lands access transportation facility.— The term ‘Federal Lands access transportation facility’ means a public highway, road, bridge, trail, or transit system that is located on, is adjacent to, or provides access to Federal lands for which title or maintenance responsibility is vested in a State, county, town, township, tribal, municipal, or local government. “(8) Federal lands transportation facility.— The term ‘Federal lands transportation facility’ means a public highway, road, bridge, trail, or transit system that is located on, is adjacent to, or provides access to Federal lands for which title and maintenance responsibility is vested in the Federal Government, and that appears on the national Federal lands transportation facility inventory described in section 203(c).” ;

71. 2012

    Moving Ahead for Progress in the 21st Century Act

    Pub. L. 112–141 § 1103(a)(1) · 126 Stat. 405

    1. Redesignated · 23 U.S.C. § 101(a)(9)

       Pub. L. 112–141, § 1103(a)(1), (2), redesignated par. (8) as (9)

    2. Struck · 23 U.S.C. § 101(a)(9)

       Pub. L. 112–141, § 1103(a)(1), (2), struck out former par. (9). Prior to amendment, text of par. (9) read as follows: “The term ‘forest highway’ means a forest road under the jurisdiction of, and maintained by, a public authority and open to public travel.”

    Source evidence

    Code amendment note
    Subsec. (a)(9). Pub. L. 112–141, § 1103(a)(1), (2), redesignated par. (8) as (9) and struck out former par. (9). Prior to amendment, text of par. (9) read as follows: “The term ‘forest highway’ means a forest road under the jurisdiction of, and maintained by, a public authority and open to public travel.”

    Enacted provision · exact public law section
    (1) by striking paragraphs (6), (7), (9), (12), (19), (20), (24), (25), (26), (28), (38), and (39);

72. 2012

    Moving Ahead for Progress in the 21st Century Act

    Pub. L. 112–141 § 1103(a)(7) · 126 Stat. 405

    Inserted · 23 U.S.C. § 101(a)(11)(B)

    Pub. L. 112–141, § 1103(a)(7), inserted “including public roads on dams” after “drainage structure”

    Source evidence

    Code amendment note
    Subsec. (a)(11)(B). Pub. L. 112–141, § 1103(a)(7), inserted “including public roads on dams” after “drainage structure”.

    Enacted provision · exact public law section
    (7) in paragraph (11)(B) by inserting “including public roads on dams” after “drainage structure”;

73. 2012

    Moving Ahead for Progress in the 21st Century Act

    Pub. L. 112–141 § 1103(a)(1) · 126 Stat. 405

    1. Redesignated · 23 U.S.C. § 101(a)(12)

       Pub. L. 112–141, § 1103(a)(1), (2), redesignated par. (13) as (12)

    2. Struck · 23 U.S.C. § 101(a)(12)

       Pub. L. 112–141, § 1103(a)(1), (2), struck out former par. (12) which defined Indian reservation road

    Source evidence

    Code amendment note
    Subsec. (a)(12). Pub. L. 112–141, § 1103(a)(1), (2), redesignated par. (13) as (12) and struck out former par. (12) which defined Indian reservation road.

    Enacted provision · exact public law section
    (1) by striking paragraphs (6), (7), (9), (12), (19), (20), (24), (25), (26), (28), (38), and (39);

74. 2012

    Moving Ahead for Progress in the 21st Century Act

    Pub. L. 112–141 § 1103(a)(2) · 126 Stat. 405

    Redesignated · 23 U.S.C. § 101(a)(13)

    Pub. L. 112–141, § 1103(a)(2), redesignated par. (14) as (13). Former par. (13) redesignated (12)

    Source evidence

    Code amendment note
    Subsec. (a)(13). Pub. L. 112–141, § 1103(a)(2), redesignated par. (14) as (13). Former par. (13) redesignated (12).

    Enacted provision · exact public law section
    (2) by redesignating paragraphs (2), (3), (4), (5), (8), (13), (14), (15), (16), (17), (18), (21), (22), (23), (27), (29), (30), (31), (32), (33), (34), (35), (36), and (37) as paragraphs (3), (4), (5), (6), (9), (12), (13), (14), (15), (16), (17), (18), (19), (20), (21), (22), (23), (24), (25), (26), (28), (29), (33), and (34), respectively;

75. 2012

    Moving Ahead for Progress in the 21st Century Act

    Pub. L. 112–141 § 1103(a)(2) · 126 Stat. 405

    1. Redesignated · 23 U.S.C. § 101(a)(14)

       Pub. L. 112–141, § 1103(a)(2), (8), redesignated par. (15) as (14)

    2. Substituted · 23 U.S.C. § 101(a)(14)

       Pub. L. 112–141, § 1103(a)(2), (8), substituted “as an air quality” for “as a”

    3. Redesignated · 23 U.S.C. § 101(a)(14)

       Pub. L. 112–141, § 1103(a)(2), (8), inserted “air quality” before “attainment area”. Former par. (14) redesignated (13)

    Source evidence

    Code amendment note
    Subsec. (a)(14). Pub. L. 112–141, § 1103(a)(2), (8), redesignated par. (15) as (14), substituted “as an air quality” for “as a”, and inserted “air quality” before “attainment area”. Former par. (14) redesignated (13).

    Enacted provision · exact public law section
    (2) by redesignating paragraphs (2), (3), (4), (5), (8), (13), (14), (15), (16), (17), (18), (21), (22), (23), (27), (29), (30), (31), (32), (33), (34), (35), (36), and (37) as paragraphs (3), (4), (5), (6), (9), (12), (13), (14), (15), (16), (17), (18), (19), (20), (21), (22), (23), (24), (25), (26), (28), (29), (33), and (34), respectively;

76. 2012

    Moving Ahead for Progress in the 21st Century Act

    Pub. L. 112–141 § 1103(a)(2) · 126 Stat. 405

    Redesignated · 23 U.S.C. § 101(a)(15)(17)

    Pub. L. 112–141, § 1103(a)(2), redesignated pars. (16) to (18) as (15) to (17), respectively. Former par. (15) redesignated (14)

    Source evidence

    Code amendment note
    Subsec. (a)(15) to (17). Pub. L. 112–141, § 1103(a)(2), redesignated pars. (16) to (18) as (15) to (17), respectively. Former par. (15) redesignated (14).

    Enacted provision · exact public law section
    (2) by redesignating paragraphs (2), (3), (4), (5), (8), (13), (14), (15), (16), (17), (18), (21), (22), (23), (27), (29), (30), (31), (32), (33), (34), (35), (36), and (37) as paragraphs (3), (4), (5), (6), (9), (12), (13), (14), (15), (16), (17), (18), (19), (20), (21), (22), (23), (24), (25), (26), (28), (29), (33), and (34), respectively;

77. 2012

    Moving Ahead for Progress in the 21st Century Act

    Pub. L. 112–141 § 1103(a)(2) · 126 Stat. 405

    1. Redesignated · 23 U.S.C. § 101(a)(18)

       Pub. L. 112–141, § 1103(a)(2), (9), redesignated par. (21) as (18)

    2. Redesignated · 23 U.S.C. § 101(a)(18)

       Pub. L. 112–141, § 1103(a)(2), (9), substituted “any undertaking” for “an undertaking to construct a particular portion of a highway, or if the context so implies, the particular portion of a highway so constructed or any other undertaking”. Former par. (18) redesignated (17)

    Source evidence

    Code amendment note
    Subsec. (a)(18). Pub. L. 112–141, § 1103(a)(2), (9), redesignated par. (21) as (18) and substituted “any undertaking” for “an undertaking to construct a particular portion of a highway, or if the context so implies, the particular portion of a highway so constructed or any other undertaking”. Former par. (18) redesignated (17).

    Enacted provision · exact public law section
    (2) by redesignating paragraphs (2), (3), (4), (5), (8), (13), (14), (15), (16), (17), (18), (21), (22), (23), (27), (29), (30), (31), (32), (33), (34), (35), (36), and (37) as paragraphs (3), (4), (5), (6), (9), (12), (13), (14), (15), (16), (17), (18), (19), (20), (21), (22), (23), (24), (25), (26), (28), (29), (33), and (34), respectively;

78. 2012

    Moving Ahead for Progress in the 21st Century Act

    Pub. L. 112–141 § 1103(a)(2) · 126 Stat. 405

    1. Redesignated · 23 U.S.C. § 101(a)(19)

       Pub. L. 112–141, § 1103(a)(2), (10), redesignated par. (22) as (19)

    2. Substituted · 23 U.S.C. § 101(a)(19)

       Pub. L. 112–141, § 1103(a)(2), (10), substituted “the Secretary and the recipient” for “the State transportation department and the Secretary”

    Source evidence

    Code amendment note
    Subsec. (a)(19). Pub. L. 112–141, § 1103(a)(2), (10), redesignated par. (22) as (19) and substituted “the Secretary and the recipient” for “the State transportation department and the Secretary”.

    Enacted provision · exact public law section
    (2) by redesignating paragraphs (2), (3), (4), (5), (8), (13), (14), (15), (16), (17), (18), (21), (22), (23), (27), (29), (30), (31), (32), (33), (34), (35), (36), and (37) as paragraphs (3), (4), (5), (6), (9), (12), (13), (14), (15), (16), (17), (18), (19), (20), (21), (22), (23), (24), (25), (26), (28), (29), (33), and (34), respectively;

79. 2012

    Moving Ahead for Progress in the 21st Century Act

    Pub. L. 112–141 § 1103(a)(1) · 126 Stat. 405

    Struck · 23 U.S.C. § 101(a)(19)

    Pub. L. 112–141, § 1103(a)(1), struck out par. (19). Text read as follows: “The term ‘park road’ means a public road, including a bridge built primarily for pedestrian use, but with capacity for use by emergency vehicles, that is located within, or provides access to, an area in the National Park System with title and maintenance responsibilities vested in the United States.”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 112–141, § 1103(a)(1), struck out par. (19). Text read as follows: “The term ‘park road’ means a public road, including a bridge built primarily for pedestrian use, but with capacity for use by emergency vehicles, that is located within, or provides access to, an area in the National Park System with title and maintenance responsibilities vested in the United States.”

    Enacted provision · exact public law section
    (1) by striking paragraphs (6), (7), (9), (12), (19), (20), (24), (25), (26), (28), (38), and (39);

80. 2012

    Moving Ahead for Progress in the 21st Century Act

    Pub. L. 112–141 § 1103(a)(1) · 126 Stat. 405

    1. Redesignated · 23 U.S.C. § 101(a)(20)

       Pub. L. 112–141, § 1103(a)(1), (2), redesignated par. (23) as (20)

    2. Struck · 23 U.S.C. § 101(a)(20)

       Pub. L. 112–141, § 1103(a)(1), (2), struck out former par. (20). Prior to amendment, text of par. (20) read as follows: “The term ‘parkway’, as used in chapter 2 of this title, means a parkway authorized by Act of Congress on lands to which title is vested in the United States.”

    Source evidence

    Code amendment note
    Subsec. (a)(20). Pub. L. 112–141, § 1103(a)(1), (2), redesignated par. (23) as (20) and struck out former par. (20). Prior to amendment, text of par. (20) read as follows: “The term ‘parkway’, as used in chapter 2 of this title, means a parkway authorized by Act of Congress on lands to which title is vested in the United States.”

    Enacted provision · exact public law section
    (1) by striking paragraphs (6), (7), (9), (12), (19), (20), (24), (25), (26), (28), (38), and (39);

81. 2012

    Moving Ahead for Progress in the 21st Century Act

    Pub. L. 112–141 § 1103(a)(2) · 126 Stat. 405

    Redesignated · 23 U.S.C. § 101(a)(21)

    Pub. L. 112–141, § 1103(a)(2), redesignated par. (27) as (21). Former par. (21) redesignated (18)

    Source evidence

    Code amendment note
    Subsec. (a)(21). Pub. L. 112–141, § 1103(a)(2), redesignated par. (27) as (21). Former par. (21) redesignated (18).

    Enacted provision · exact public law section
    (2) by redesignating paragraphs (2), (3), (4), (5), (8), (13), (14), (15), (16), (17), (18), (21), (22), (23), (27), (29), (30), (31), (32), (33), (34), (35), (36), and (37) as paragraphs (3), (4), (5), (6), (9), (12), (13), (14), (15), (16), (17), (18), (19), (20), (21), (22), (23), (24), (25), (26), (28), (29), (33), and (34), respectively;

82. 2012

    Moving Ahead for Progress in the 21st Century Act

    Pub. L. 112–141 § 1103(a)(2) · 126 Stat. 405

    Redesignated · 23 U.S.C. § 101(a)(22)

    Pub. L. 112–141, § 1103(a)(2), redesignated par. (29) as (22). Former par. (22) redesignated (19)

    Source evidence

    Code amendment note
    Subsec. (a)(22). Pub. L. 112–141, § 1103(a)(2), redesignated par. (29) as (22). Former par. (22) redesignated (19).

    Enacted provision · exact public law section
    (2) by redesignating paragraphs (2), (3), (4), (5), (8), (13), (14), (15), (16), (17), (18), (21), (22), (23), (27), (29), (30), (31), (32), (33), (34), (35), (36), and (37) as paragraphs (3), (4), (5), (6), (9), (12), (13), (14), (15), (16), (17), (18), (19), (20), (21), (22), (23), (24), (25), (26), (28), (29), (33), and (34), respectively;

83. 2012

    Moving Ahead for Progress in the 21st Century Act

    Pub. L. 112–141 § 1103(a)(11) · 126 Stat. 405

    1. Added · 23 U.S.C. § 101(a)(23)

       Pub. L. 112–141, § 1103(a)(11), added par. (23)

    2. Struck · 23 U.S.C. § 101(a)(23)

       Pub. L. 112–141, § 1103(a)(11), struck out former par. (23). Prior to amendment, text read as follows: “The term ‘safety improvement project’ means a project that corrects or improves high hazard locations, eliminates roadside obstacles, improves highway signing and pavement marking, installs priority control systems for emergency vehicles at signalized intersections, installs or replaces emergency motorist aid call boxes, or installs traffic control or warning devices at locations with high accident potential.”

    Source evidence

    Code amendment note
    Subsec. (a)(23). Pub. L. 112–141, § 1103(a)(11), added par. (23) and struck out former par. (23). Prior to amendment, text read as follows: “The term ‘safety improvement project’ means a project that corrects or improves high hazard locations, eliminates roadside obstacles, improves highway signing and pavement marking, installs priority control systems for emergency vehicles at signalized intersections, installs or replaces emergency motorist aid call boxes, or installs traffic control or warning devices at locations with high accident potential.”

    Enacted provision · exact public law section
    (11) by striking paragraph (23) (as so redesignated) and inserting the following: “(23) Safety improvement project.— The term ‘safety improvement project’ means a strategy, activity, or project on a public road that is consistent with the State strategic highway safety plan and corrects or improves a roadway feature that constitutes a hazard to road users or addresses a highway safety problem.” ;

84. 2012

    Moving Ahead for Progress in the 21st Century Act

    Pub. L. 112–141 § 1103(a)(2) · 126 Stat. 405

    Redesignated · 23 U.S.C. § 101(a)(23)

    Pub. L. 112–141, § 1103(a)(2), redesignated par. (30) as (23). Former par. (23) redesignated (20)

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 112–141, § 1103(a)(2), redesignated par. (30) as (23). Former par. (23) redesignated (20).

    Enacted provision · exact public law section
    (2) by redesignating paragraphs (2), (3), (4), (5), (8), (13), (14), (15), (16), (17), (18), (21), (22), (23), (27), (29), (30), (31), (32), (33), (34), (35), (36), and (37) as paragraphs (3), (4), (5), (6), (9), (12), (13), (14), (15), (16), (17), (18), (19), (20), (21), (22), (23), (24), (25), (26), (28), (29), (33), and (34), respectively;

85. 2012

    Moving Ahead for Progress in the 21st Century Act

    Pub. L. 112–141 § 1103(a)(1) · 126 Stat. 405

    1. Redesignated · 23 U.S.C. § 101(a)(24)

       Pub. L. 112–141, § 1103(a)(1), (2), redesignated par. (31) as (24)

    2. Struck · 23 U.S.C. § 101(a)(24)

       Pub. L. 112–141, § 1103(a)(1), (2), struck out former par. (24). Prior to amendment, text of par. (24) read as follows: “The term ‘public lands development roads and trails’ means those roads and trails that the Secretary of the Interior determines are of primary importance for the development, protection, administration, and utilization of public lands and resources under the control of the Secretary of the Interior.”

    Source evidence

    Code amendment note
    Subsec. (a)(24). Pub. L. 112–141, § 1103(a)(1), (2), redesignated par. (31) as (24) and struck out former par. (24). Prior to amendment, text of par. (24) read as follows: “The term ‘public lands development roads and trails’ means those roads and trails that the Secretary of the Interior determines are of primary importance for the development, protection, administration, and utilization of public lands and resources under the control of the Secretary of the Interior.”

    Enacted provision · exact public law section
    (1) by striking paragraphs (6), (7), (9), (12), (19), (20), (24), (25), (26), (28), (38), and (39);

86. 2012

    Moving Ahead for Progress in the 21st Century Act

    Pub. L. 112–141 § 1103(a)(1) · 126 Stat. 405

    1. Redesignated · 23 U.S.C. § 101(a)(25); 23 U.S.C. § 101(a)(26)

       Pub. L. 112–141, § 1103(a)(1), (2), redesignated pars. (32) and (33) as (25) and (26), respectively

    2. Struck · 23 U.S.C. § 101(a)(25); 23 U.S.C. § 101(a)(26)

       Pub. L. 112–141, § 1103(a)(1), (2), struck out former pars. (25) and (26) which defined public lands highway and public lands highways, respectively

    Source evidence

    Code amendment note
    Subsec. (a)(25), (26). Pub. L. 112–141, § 1103(a)(1), (2), redesignated pars. (32) and (33) as (25) and (26), respectively, and struck out former pars. (25) and (26) which defined public lands highway and public lands highways, respectively.

    Enacted provision · exact public law section
    (1) by striking paragraphs (6), (7), (9), (12), (19), (20), (24), (25), (26), (28), (38), and (39);

87. 2012

    Moving Ahead for Progress in the 21st Century Act

    Pub. L. 112–141 § 1103(a)(12) · 126 Stat. 405

    Redesignated · 23 U.S.C. § 101(a)(27)

    Pub. L. 112–141, § 1103(a)(12), added par. (27). Former par. (27) redesignated (21)

    Source evidence

    Code amendment note
    Subsec. (a)(27). Pub. L. 112–141, § 1103(a)(12), added par. (27). Former par. (27) redesignated (21).

    Enacted provision · exact public law section
    (12) by inserting after paragraph (26) (as so redesignated) the following: “(27) State strategic highway safety plan.— The term ‘State strategic highway safety plan’ has the same meaning given such term in section 148(a).” ;

88. 2012

    Moving Ahead for Progress in the 21st Century Act

    Pub. L. 112–141 § 1103(a)(1) · 126 Stat. 405

    1. Redesignated · 23 U.S.C. § 101(a)(28)

       Pub. L. 112–141, § 1103(a)(1), (2), redesignated par. (34) as (28)

    2. Struck · 23 U.S.C. § 101(a)(28)

       Pub. L. 112–141, § 1103(a)(1), (2), struck out former par. (28). Prior to amendment, text of par. (28) read as follows: “The term ‘refuge road’ means a public road that provides access to or within a unit of the National Wildlife Refuge System and for which title and maintenance responsibility is vested in the United States Government.”

    Source evidence

    Code amendment note
    Subsec. (a)(28). Pub. L. 112–141, § 1103(a)(1), (2), redesignated par. (34) as (28) and struck out former par. (28). Prior to amendment, text of par. (28) read as follows: “The term ‘refuge road’ means a public road that provides access to or within a unit of the National Wildlife Refuge System and for which title and maintenance responsibility is vested in the United States Government.”

    Enacted provision · exact public law section
    (1) by striking paragraphs (6), (7), (9), (12), (19), (20), (24), (25), (26), (28), (38), and (39);

89. 2012

    Moving Ahead for Progress in the 21st Century Act

    Pub. L. 112–141 § 1103(a)(13) · 126 Stat. 405

    1. Added · 23 U.S.C. § 101(a)(29)

       Pub. L. 112–141, § 1103(a)(13), added par. (29)

    2. Struck · 23 U.S.C. § 101(a)(29)

       Pub. L. 112–141, § 1103(a)(13), struck out former par. (29) which defined transportation enhancement activity

    Source evidence

    Code amendment note
    Subsec. (a)(29). Pub. L. 112–141, § 1103(a)(13), added par. (29) and struck out former par. (29) which defined transportation enhancement activity.

    Enacted provision · exact public law section
    (13) by striking paragraph (29) (as so redesignated) and inserting the following: “(29) Transportation alternatives.— The term ‘transportation alternatives’ means any of the following activities when carried out as part of any program or project authorized or funded under this title, or as an independent program or project related to surface transportation: “(A) Construction, planning, and design of on-road and off-road trail facilities for pedestrians, bicyclists, and other nonmotorized forms of transportation, including sidewalks, bicycle infrastructure, pedestrian and bicycle signals, traffic calming techniques, lighting and other safety-related infrastructure, and transportation projects to achieve compliance with the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.). “(B) Construction, planning, and design of infrastructure-related projects and systems that will provide safe routes for non-drivers, including children, older adults, and individuals with disabilities to access daily needs. “(C) Conversion and use of abandoned railroad corridors for trails for pedestrians, bicyclists, or other nonmotorized transportation users. “(D) Construction of turnouts, overlooks, and viewing areas. “(E) Community improvement activities, including— “(i) inventory, control, or removal of outdoor advertising; “(ii) historic preservation and rehabilitation of historic transportation facilities; “(iii) vegetation management practices in transportation rights-of-way to improve roadway safety, prevent against invasive species, and provide erosion control; and “(iv) archaeological activities relating to impacts from implementation of a transportation project eligible under this title. “(F) Any environmental mitigation activity, including pollution prevention and pollution abatement activities and mitigation to— “(i) address stormwater management, control, and water pollution prevention or abatement related to highway construction or due to highway runoff, including activities described in sections 133(b)(11), 328(a), and 329; or “(ii) reduce vehicle-caused wildlife mortality or to restore and maintain connectivity among terrestrial or aquatic habitats.” ; and

90. 2012

    Moving Ahead for Progress in the 21st Century Act

    Pub. L. 112–141 § 1103(a)(2) · 126 Stat. 405

    Redesignated · 23 U.S.C. § 101(a)(29)

    Pub. L. 112–141, § 1103(a)(2), redesignated par. (35) as (29). Former par. (29) redesignated (22)

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 112–141, § 1103(a)(2), redesignated par. (35) as (29). Former par. (29) redesignated (22).

    Enacted provision · exact public law section
    (2) by redesignating paragraphs (2), (3), (4), (5), (8), (13), (14), (15), (16), (17), (18), (21), (22), (23), (27), (29), (30), (31), (32), (33), (34), (35), (36), and (37) as paragraphs (3), (4), (5), (6), (9), (12), (13), (14), (15), (16), (17), (18), (19), (20), (21), (22), (23), (24), (25), (26), (28), (29), (33), and (34), respectively;

91. 2012

    Moving Ahead for Progress in the 21st Century Act

    Pub. L. 112–141 § 1103(a)(2) · 126 Stat. 405

    1. Added · 23 U.S.C. § 101(a)(30)(32)

       Pub. L. 112–141, § 1103(a)(2), (14), added pars. (30) to (32)

    2. Redesignated · 23 U.S.C. § 101(a)(30)(32)

       Pub. L. 112–141, § 1103(a)(2), (14), redesignated former pars. (30) to (32) as (23) to (25), respectively

    Source evidence

    Code amendment note
    Subsec. (a)(30) to (32). Pub. L. 112–141, § 1103(a)(2), (14), added pars. (30) to (32) and redesignated former pars. (30) to (32) as (23) to (25), respectively.

    Enacted provision · exact public law section
    (2) by redesignating paragraphs (2), (3), (4), (5), (8), (13), (14), (15), (16), (17), (18), (21), (22), (23), (27), (29), (30), (31), (32), (33), (34), (35), (36), and (37) as paragraphs (3), (4), (5), (6), (9), (12), (13), (14), (15), (16), (17), (18), (19), (20), (21), (22), (23), (24), (25), (26), (28), (29), (33), and (34), respectively;

92. 2012

    Moving Ahead for Progress in the 21st Century Act

    Pub. L. 112–141 § 1103(a)(2) · 126 Stat. 405

    Redesignated · 23 U.S.C. § 101(a)(33)(37)

    Pub. L. 112–141, § 1103(a)(2), redesignated pars. (33) to (37) as (26), (28), (29), (33), and (34), respectively

    Source evidence

    Code amendment note
    Subsec. (a)(33) to (37). Pub. L. 112–141, § 1103(a)(2), redesignated pars. (33) to (37) as (26), (28), (29), (33), and (34), respectively.

    Enacted provision · exact public law section
    (2) by redesignating paragraphs (2), (3), (4), (5), (8), (13), (14), (15), (16), (17), (18), (21), (22), (23), (27), (29), (30), (31), (32), (33), (34), (35), (36), and (37) as paragraphs (3), (4), (5), (6), (9), (12), (13), (14), (15), (16), (17), (18), (19), (20), (21), (22), (23), (24), (25), (26), (28), (29), (33), and (34), respectively;

93. 2012

    Moving Ahead for Progress in the 21st Century Act

    Pub. L. 112–141 § 1103(a)(1) · 126 Stat. 405

    Struck · 23 U.S.C. § 101(a)(38); 23 U.S.C. § 101(a)(39)

    Pub. L. 112–141, § 1103(a)(1), struck out pars. (38) and (39) which defined advanced truck stop electrification system and transportation systems management and operations, respectively

    Source evidence

    Code amendment note
    Subsec. (a)(38), (39). Pub. L. 112–141, § 1103(a)(1), struck out pars. (38) and (39) which defined advanced truck stop electrification system and transportation systems management and operations, respectively.

    Enacted provision · exact public law section
    (1) by striking paragraphs (6), (7), (9), (12), (19), (20), (24), (25), (26), (28), (38), and (39);

94. 2012

    Moving Ahead for Progress in the 21st Century Act

    Pub. L. 112–141 § 1301(c) · 126 Stat. 405

    Added · 23 U.S.C. § 101(b)(4)

    Pub. L. 112–141, § 1301(c), added par. (4)

    Source evidence

    Code amendment note
    Subsec. (b)(4). Pub. L. 112–141, § 1301(c), added par. (4).

    Enacted provision · exact public law section
    (c) Expedited Project Delivery.— Section 101(b) of title 23, United States Code, is amended by adding at the end the following: “(4) Expedited project delivery.— “(A) In general.— Congress declares that it is in the national interest to expedite the delivery of surface transportation projects by substantially reducing the average length of the environmental review process. “(B) Policy of the united states.— Accordingly, it is the policy of the United States that— “(i) the Secretary shall have the lead role among Federal agencies in carrying out the environmental review process for surface transportation projects; “(ii) each Federal agency shall cooperate with the Secretary to expedite the environmental review process for surface transportation projects; “(iii) project sponsors shall not be prohibited from carrying out preconstruction project development activities concurrently with the environmental review process; “(iv) programmatic approaches shall be used to reduce the need for project-by-project reviews and decisions by Federal agencies; and “(v) the Secretary shall identify opportunities for project sponsors to assume responsibilities of the Secretary where such responsibilities can be assumed in a manner that protects public health, the environment, and public participation.” .

95. 2012

    Moving Ahead for Progress in the 21st Century Act

    Pub. L. 112–141 § 1103(b) · 126 Stat. 405

    Substituted · 23 U.S.C. § 101(c)

    Pub. L. 112–141, § 1103(b), substituted “Federal-aid highway” for “Federal-aid system”

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 112–141, § 1103(b), substituted “Federal-aid highway” for “Federal-aid system”.

    Enacted provision · exact public law section
    (b) Sense of Congress.— Section 101(c) of title 23, United States Code, is amended by striking “system” and inserting “highway”.

96. 2015

    Fixing America’s Surface Transportation Act

    Pub. L. 114–94 div. A title I § 1103 · 129 Stat. 1312

    1. Added · 23 U.S.C. § 101(a)(15)(29)

       Pub. L. 114–94 added par. (15)

    2. Redesignated · 23 U.S.C. § 101(a)(15)(29)

       Pub. L. 114–94 redesignated pars. (15) to (28) as (16) to (29), respectively

    3. Struck · 23 U.S.C. § 101(a)(15)(29)

       Pub. L. 114–94 struck out former par. (29) which defined transportation alternatives

    Source evidence

    Code amendment note
    Subsec. (a)(15) to (29). Pub. L. 114–94 added par. (15), redesignated pars. (15) to (28) as (16) to (29), respectively, and struck out former par. (29) which defined transportation alternatives.

    Enacted provision · exact public law section
    SEC. 1103. DEFINITIONS.   Section 101(a) of title 23, United States Code, is amended— (1) by striking paragraph (29); (2) by redesignating paragraphs (15) through (28) as paragraphs (16) through (29), respectively; and (3) by inserting after paragraph (14) the following: “(15) National highway freight network.— The term ‘National Highway Freight Network’ means the National Highway Freight Network established under section 167.” .

97. 2021

    Surface Transportation Reauthorization Act of 2021

    Pub. L. 117–58 § 11103(1)(A) · 135 Stat. 429

    Inserted · 23 U.S.C. § 101(a)(4)(A)

    Pub. L. 117–58, § 11103(1)(A), inserted “assessing resilience,” after “surveying,”

    Source evidence

    Code amendment note
    Subsec. (a)(4)(A). Pub. L. 117–58, § 11103(1)(A), inserted “assessing resilience,” after “surveying,”.

    Enacted provision · exact public law section
    (A) in subparagraph (A), by inserting “assessing resilience,” after “surveying,”;

    Effective date note
    Pub. L. 117–58, div. A, § 10003, Nov. 15, 2021, 135 Stat. 443, provided that: “Except as otherwise provided, this division [see Tables for classification] and the amendments made by this division take effect on October 1, 2021.”

98. 2021

    Surface Transportation Reauthorization Act of 2021

    Pub. L. 117–58 § 11103(1)(B) · 135 Stat. 429

    1. Added · 23 U.S.C. § 101(a)(4)(H); 23 U.S.C. § 101(a)(4)(I)

       Pub. L. 117–58, § 11103(1)(B)–(D), added subpar. (H)

    2. Redesignated · 23 U.S.C. § 101(a)(4)(H); 23 U.S.C. § 101(a)(4)(I)

       Pub. L. 117–58, § 11103(1)(B)–(D), redesignated former subpar. (H) as (I)

    Source evidence

    Code amendment note
    Subsec. (a)(4)(H), (I). Pub. L. 117–58, § 11103(1)(B)–(D), added subpar. (H) and redesignated former subpar. (H) as (I).

    Enacted provision · exact public law section
    (B) in subparagraph (G), by striking “and” at the end;

    Effective date note
    Pub. L. 117–58, div. A, § 10003, Nov. 15, 2021, 135 Stat. 443, provided that: “Except as otherwise provided, this division [see Tables for classification] and the amendments made by this division take effect on October 1, 2021.”

99. 2021

    Surface Transportation Reauthorization Act of 2021

    Pub. L. 117–58 § 11103(3) · 135 Stat. 429

    Redesignated · 23 U.S.C. § 101(a)(17)

    Pub. L. 117–58, § 11103(3), added par. (17). Former par. (17) redesignated (18)

    Source evidence

    Code amendment note
    Subsec. (a)(17). Pub. L. 117–58, § 11103(3), added par. (17). Former par. (17) redesignated (18).

    Enacted provision · exact public law section
    (3) by inserting after paragraph (16) the following: “(17) Natural infrastructure.— The term ‘natural infrastructure’ means infrastructure that uses, restores, or emulates natural ecological processes and— “(A) is created through the action of natural physical, geological, biological, and chemical processes over time; “(B) is created by human design, engineering, and construction to emulate or act in concert with natural processes; or “(C) involves the use of plants, soils, and other natural features, including through the creation, restoration, or preservation of vegetated areas using materials appropriate to the region to manage stormwater and runoff, to attenuate flooding and storm surges, and for other related purposes.” ;

    Effective date note
    Pub. L. 117–58, div. A, § 10003, Nov. 15, 2021, 135 Stat. 443, provided that: “Except as otherwise provided, this division [see Tables for classification] and the amendments made by this division take effect on October 1, 2021.”

100. 2021

     Surface Transportation Reauthorization Act of 2021

     Pub. L. 117–58 § 11103(2) · 135 Stat. 429

     Redesignated · 23 U.S.C. § 101(a)(18)(23)

     Pub. L. 117–58, § 11103(2), redesignated pars. (17) to (22) as (18) to (23), respectively. Former par. (23) redesignated (25)

     Source evidence

     Code amendment note
     Subsec. (a)(18) to (23). Pub. L. 117–58, § 11103(2), redesignated pars. (17) to (22) as (18) to (23), respectively. Former par. (23) redesignated (25).

     Enacted provision · exact public law section
     (2) by redesignating paragraphs (17) through (34) as paragraphs (18), (19), (20), (21), (22), (23), (25), (26), (27), (28), (29), (30), (31), (32), (33), (34), (35), and (36), respectively;

     Effective date note
     Pub. L. 117–58, div. A, § 10003, Nov. 15, 2021, 135 Stat. 443, provided that: “Except as otherwise provided, this division [see Tables for classification] and the amendments made by this division take effect on October 1, 2021.”

101. 2021

     Surface Transportation Reauthorization Act of 2021

     Pub. L. 117–58 § 11103(4) · 135 Stat. 429

     Redesignated · 23 U.S.C. § 101(a)(24)

     Pub. L. 117–58, § 11103(4), added par. (24). Former par. (24) redesignated (26)

     Source evidence

     Code amendment note
     Subsec. (a)(24). Pub. L. 117–58, § 11103(4), added par. (24). Former par. (24) redesignated (26).

     Enacted provision · exact public law section
     (4) by inserting after paragraph (23) (as so redesignated) the following: “(24) Resilience.— The term ‘resilience’, with respect to a project, means a project with the ability to anticipate, prepare for, or adapt to conditions or withstand, respond to, or recover rapidly from disruptions, including the ability— “(A) (i) to resist hazards or withstand impacts from weather events and natural disasters; or “(ii) to reduce the magnitude or duration of impacts of a disruptive weather event or natural disaster on a project; and “(B) to have the absorptive capacity, adaptive capacity, and recoverability to decrease project vulnerability to weather events or other natural disasters.” ; and

     Effective date note
     Pub. L. 117–58, div. A, § 10003, Nov. 15, 2021, 135 Stat. 443, provided that: “Except as otherwise provided, this division [see Tables for classification] and the amendments made by this division take effect on October 1, 2021.”

102. 2021

     Surface Transportation Reauthorization Act of 2021

     Pub. L. 117–58 § 11103(2) · 135 Stat. 429

     Redesignated · 23 U.S.C. § 101(a)(25)(32)

     Pub. L. 117–58, § 11103(2), redesignated pars. (23) to (30) as (25) to (32), respectively. Former par. (32) redesignated (34)

     Source evidence

     Code amendment note
     Subsec. (a)(25) to (32). Pub. L. 117–58, § 11103(2), redesignated pars. (23) to (30) as (25) to (32), respectively. Former par. (32) redesignated (34).

     Enacted provision · exact public law section
     (2) by redesignating paragraphs (17) through (34) as paragraphs (18), (19), (20), (21), (22), (23), (25), (26), (27), (28), (29), (30), (31), (32), (33), (34), (35), and (36), respectively;

     Effective date note
     Pub. L. 117–58, div. A, § 10003, Nov. 15, 2021, 135 Stat. 443, provided that: “Except as otherwise provided, this division [see Tables for classification] and the amendments made by this division take effect on October 1, 2021.”

103. 2021

     Surface Transportation Reauthorization Act of 2021

     Pub. L. 117–58 § 11103(5) · 135 Stat. 429

     1. Inserted · 23 U.S.C. § 101(a)(32)(A)

        Pub. L. 117–58, § 11103(5), inserted dash after “through” and cl. (i) designation before “the implementation”

     2. Substituted · 23 U.S.C. § 101(a)(32)(A)

        Pub. L. 117–58, § 11103(5), substituted “; and” for period at end of cl. (i)

     3. Added · 23 U.S.C. § 101(a)(32)(A)

        Pub. L. 117–58, § 11103(5), added cl. (ii)

     Source evidence

     Code amendment note
     Subsec. (a)(32)(A). Pub. L. 117–58, § 11103(5), inserted dash after “through” and cl. (i) designation before “the implementation”, substituted “; and” for period at end of cl. (i), and added cl. (ii).

     Enacted provision · exact public law section
     (5) in subparagraph (A) of paragraph (32) (as so redesignated)— (A) by striking the period at the end and inserting “; and”; (B) by striking “through the implementation” and inserting the following: “through— “(i) the implementation” ; and (C) by adding at the end the following: “(ii) the consideration of incorporating natural infrastructure.” .

     Effective date note
     Pub. L. 117–58, div. A, § 10003, Nov. 15, 2021, 135 Stat. 443, provided that: “Except as otherwise provided, this division [see Tables for classification] and the amendments made by this division take effect on October 1, 2021.”

104. 2021

     Surface Transportation Reauthorization Act of 2021

     Pub. L. 117–58 § 11103(2) · 135 Stat. 429

     Redesignated · 23 U.S.C. § 101(a)(33)(36)

     Pub. L. 117–58, § 11103(2), redesignated pars. (31) to (34) as (33) to (36), respectively

     Source evidence

     Code amendment note
     Subsec. (a)(33) to (36). Pub. L. 117–58, § 11103(2), redesignated pars. (31) to (34) as (33) to (36), respectively.

     Enacted provision · exact public law section
     (2) by redesignating paragraphs (17) through (34) as paragraphs (18), (19), (20), (21), (22), (23), (25), (26), (27), (28), (29), (30), (31), (32), (33), (34), (35), and (36), respectively;

     Effective date note
     Pub. L. 117–58, div. A, § 10003, Nov. 15, 2021, 135 Stat. 443, provided that: “Except as otherwise provided, this division [see Tables for classification] and the amendments made by this division take effect on October 1, 2021.”

105. 2021

     Surface Transportation Reauthorization Act of 2021

     Pub. L. 117–58 § 11525(a) · 135 Stat. 429

     Inserted · 23 U.S.C. § 101(b)(1)

     Pub. L. 117–58, § 11525(a), inserted “Highways” after “Defense”

     Source evidence

     Code amendment note
     Subsec. (b)(1). Pub. L. 117–58, § 11525(a), inserted “Highways” after “Defense”.

     Enacted provision · exact public law section
     (a) Section 101(b)(1) of title 23, United States Code, is amended by inserting “Highways” after “and Defense”.

     Effective date note
     Pub. L. 117–58, div. A, § 10003, Nov. 15, 2021, 135 Stat. 443, provided that: “Except as otherwise provided, this division [see Tables for classification] and the amendments made by this division take effect on October 1, 2021.”

106. 2021

     Surface Transportation Reauthorization Act of 2021

     Pub. L. 117–58 § 11123(a) · 135 Stat. 429

     Inserted · 23 U.S.C. § 101(b)(3)(D)

     Pub. L. 117–58, § 11123(a), inserted “resilient,” after “efficient,” in introductory provisions

     Source evidence

     Code amendment note
     Subsec. (b)(3)(D). Pub. L. 117–58, § 11123(a), inserted “resilient,” after “efficient,” in introductory provisions.

     Enacted provision · exact public law section
     (a) Declaration of Policy.— Section 101(b)(3)(D) of title 23, United States Code, is amended, in the matter preceding clause (i), by inserting “resilient,” after “efficient,”.

     Effective date note
     Pub. L. 117–58, div. A, § 10003, Nov. 15, 2021, 135 Stat. 443, provided that: “Except as otherwise provided, this division [see Tables for classification] and the amendments made by this division take effect on October 1, 2021.”

144 of 155 references resolved to an enrolled provision · 11 partial