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Bill
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Title II — Federal-Aid Highways

H.R. 4834 · 113th Congress · Jun 11, 2014 · Lineage

II Federal-Aid Highways

A Authorizations and Programs

Sec. 2001 Authorization of appropriations

(a)
In general— The following sums are authorized to be appropriated out of the Highway Account of the Transportation Trust Fund:
(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 such title, the highway safety improvement program under section 148 of such title, the congestion mitigation and air quality improvement program under section 149 of such title, and to carry out section 134 of such title—
(A)
$38,540,000,000 for fiscal year 2015;
(B)
$39,313,000,000 for fiscal year 2016;
(C)
$40,102,000,000 for fiscal year 2017; and
(D)
$40,904,000,000 for fiscal year 2018.
(2)
Critical immediate investments program— For the critical immediate investments program under section 2012 of this Act—
(A)
$4,850,000,000 for fiscal year 2015;
(B)
$3,850,000,000 for fiscal year 2016;
(C)
$2,850,000,000 for fiscal year 2017; and
(D)
$1,850,000,000 for fiscal year 2018.
(3)
Federal lands and tribal transportation programs—
(A)
Tribal transportation program— For the Tribal transportation program under section 202 of title 23, United States Code—
(i)
$507,000,000 for fiscal year 2015;
(ii)
$517,000,000 for fiscal year 2016;
(iii)
$527,000,000 for fiscal year 2017; and
(iv)
$538,000,000 for fiscal year 2018.
(B)
Federal lands transportation program— For the Federal lands transportation program under section 203 of such title—
(i)
$370,000,000 for fiscal year 2015;
(ii)
$377,000,000 for fiscal year 2016;
(iii)
$385,000,000 for fiscal year 2017; and
(iv)
$393,000,000 for fiscal year 2018,
(C)
Federal lands access program— For the Federal lands access program under section 204 of such title—
(i)
$250,000,000 for fiscal year 2015;
(ii)
$255,000,000 for fiscal year 2016;
(iii)
$260,000,000 for fiscal year 2017; and
(iv)
$265,000,000 for fiscal year 2018.
(D)
Nationally significant Federal lands and tribal projects program— For the nationally significant Federal lands and Tribal projects program under section 2008 of this Act, $150,000,000 for each of fiscal years 2015 through 2018.
(4)
Transportation infrastructure finance and innovation program— For credit assistance under the transportation infrastructure finance and innovation program under chapter 6 of such title, $1,000,000,000 for each of fiscal years 2015 through 2018.
(5)
Federal allocation programs—
(A)
On-the-job training— For surface transportation and technology training and summer transportation institutes under section 140(b) of such title—
(i)
$11,000,000 for fiscal year 2015;
(ii)
$11,000,000 for fiscal year 2016;
(iii)
$11,000,000 for fiscal year 2017; and
(iv)
$12,000,000 for fiscal year 2018.
(B)
Disadvantaged business enterprises— For training programs and assistance programs under section 140(c) of such title—
(i)
$11,000,000 for fiscal year 2015;
(ii)
$11,000,000 for fiscal year 2016;
(iii)
$11,000,000 for fiscal year 2017; and
(iv)
$12,000,000 for fiscal year 2018.
(C)
Highway use tax evasion projects— For highway use tax evasion projects under section 143 of such title, $10,000,000 for each of fiscal years 2015 through 2018.
(D)
Construction of ferry boats and ferry terminal facilities— For the construction of ferry boats and ferry terminal facilities under section 147 of such title—
(i)
$67,000,000 for fiscal year 2015;
(ii)
$68,000,000 for fiscal year 2016;
(iii)
$70,000,000 for fiscal year 2017; and
(iv)
$71,000,000 for fiscal year 2018.
(E)
Performance management data support program— For the performance management data support program under section 150(f) of title 23, United States Code, $10,000,000 for each of fiscal years 2015 through 2018.
(F)
Territorial and puerto rico highway program— For the territorial and Puerto Rico highway program under section 165 of such title—
(i)
$190,000,000 for fiscal year 2015;
(ii)
$194,000,000 for fiscal year 2016;
(iii)
$198,000,000 for fiscal year 2017; and
(iv)
$202,000,000 for fiscal year 2018.
(G)
Safety outreach, training, and education activities— $3,000,000 for each of fiscal years 2015 through 2018 for safety outreach, training, and education activities.
(H)
Jobs-driven skills and opportunity programs— $100,000,000 in each of fiscal years 2015 through 2018, of which—
(i)
$30,000,000 for each such fiscal year shall be for the jobs-driven skills training program under section 140(b) of such title (as added by section 1208 of this Act); and
(ii)
$70,000,000 for each such fiscal year shall be for the connection to opportunity pilot program under section 134(q) of such title and section 5303(q) of title 49, United States Code (as added by section 1209 of this Act).
(b)
Disadvantaged business enterprises—
(1)
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.
(2)
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 titles II and III 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.
(3)
Annual listing of disadvantaged business enterprises— Each State that receives funds under title II of this Act, title III of this Act, or section 403 of title 23, United States Code, 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)
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.
(4)
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.
(5)
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.
(6)
Compliance with court orders— Nothing in this subsection limits the eligibility of an individual or entity to receive funds made available under titles II and III 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.
(c)
Conforming amendments—
(1)
Puerto rico and territorial highways— Section 165(a) of title 23, United States Code, is amended to read as follows:

“(a) Division of funds—Of funds made available for the territorial and Puerto Rico highway program—

“(1) for fiscal year 2015—

“(A) $150,000,000 shall be for the Puerto Rico highway program under subsection (b); and

“(B) $40,000,000 shall be for the territorial highway program under subsection (c);

“(2) for fiscal year 2016—

“(A) $153,000,000 shall be for the Puerto Rico highway program under subsection (b); and

“(B) $41,000,000 shall be for the territorial highway program under subsection (c);

“(3) for fiscal year 2017—

“(A) $156,000,000 shall be for the Puerto Rico highway program under subsection (b); and

“(B) $42,000,000 shall be for the territorial highway program under subsection (c);

“(4) for fiscal year 2018—

“(A) $159,000,000 shall be for the Puerto Rico highway program under subsection (b); and

“(B) $43,000,000 shall be for the territorial highway program under subsection (c).”

(2)
Disadvantaged business enterprises— Section 140(c) of such title is amended by striking “From administrative funds made available under section 104(a), the Secretary shall deduct such sums as necessary, not to exceed $10,000,000 per fiscal year, for the administration of this subsection.”.
(3)
Highway use tax evasion projects— Section 143(b)(2) of such title is amended to read as follows:

“(2) Funding—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.”

(4)
Construction of ferry boats and ferry terminal facilities— Section 147 of such title is amended—
(A)
by striking subsection (e); and
(B)
by redesignating subsections (f) and (g) as subsections (e) and (f), respectively.

Sec. 2002 Obligation limitation

(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)
$47,323,248,000 for fiscal year 2015;
(2)
$48,141,248,000 for fiscal year 2016;
(3)
$48,977,248,000 for fiscal year 2017; and
(4)
$49,829,248,000 for fiscal year 2018.
(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 2012, 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 2018, 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 2015 through 2018, 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) or from the Highway Account of the Transportation Trust Fund 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)
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 sections 202 and 204 of that title) or under this Act in the proportion that—
(A)
amounts authorized to be appropriated for the programs that are apportioned under title 23, United States Code, or under this Act 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, or under this Act 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 2015 through 2018—
(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 Public Law 112–141) 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)
Title VIII of this Act.
(2)
Exception— Obligation authority made available under paragraph (1) shall—
(A)
remain available for a period of 4 fiscal years; and
(B)
be in addition to the amount of any limitation imposed on obligations for Federal-aid highway and highway safety construction programs for future fiscal years.
(f)
Redistribution of certain authorized funds—
(1)
In general— Not later than 30 days after the date of distribution of obligation authority under subsection (c) for each of fiscal years 2015 through 2018, 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(b) of title 23, United States Code.

Sec. 2003 Apportionment

(a)
Section 104 amendments— Section 104 of title 23, United States Code, is amended—
(1)
by amending subsection (a)(1) to read as follows:

“(1) In general—There are authorized to be appropriated from the Highway Account of the Transportation Trust Fund to be made available to the Secretary for administrative expenses of the Federal Highway Administration—

“(A) $442,248,000 for fiscal year 2015;

“(B) $451,248,000 for fiscal year 2016;

“(C) $460,248,000 for fiscal year 2017; and

“(D) $469,248,000 for fiscal year 2018.”

(2)
in subsection (c)(2)—
(A)
by adding “and thereafter” after “2014” the first time it appears; and
(B)
in subparagraph (A) by adding “and each fiscal year thereafter” after “2014”; and
(3)
by inserting at the end the following:

“(h) Implementation of future strategic highway research program findings and results—Before making an apportionment under subsection (c) for each of fiscal years 2015 through 2018, the Secretary may set aside up to $25,000,000 for each fiscal year to carry out the implementation of future strategic highway research program findings and results under section 503(c)(2)(C). Funds expended under this subsection shall not be considered to be part of the extramural budget of the agency for the purpose of section 9 of the Small Business Act (15 U.S.C. 638)”

(b)
Conforming amendment— Section 505 of title 23, United States Code, is amended by striking subsection (c) and redesignating subsections (d) and (e) as (c) and (d), respectively.

Sec. 2004 Federal lands transportation program

(a)
Definitions— Section 101(a) of title 23, United States Code, is amended—
(1)
in paragraph (8) by striking “is adjacent to,”; and
(2)
by striking paragraphs (9) and (10) and redesignating paragraphs (11) through (34) as paragraphs (9) through (32), respectively.
(b)
Other amendments— Section 203 of title 23, United States Code, is amended—
(1)
in subsection (a)(1), by—
(A)
striking “; and” at the end of subparagraph (C) and inserting a period; and
(B)
striking subparagraph (D);
(2)
in subsection (b)(1)—
(A)
in the matter preceding subparagraph (A), by striking “2011” and inserting “2012”; and
(B)
in subparagraph (B)—
(i)
by striking “; and” at the end of clause (iv) and inserting a semicolon;
(ii)
by striking the period at the end of clause (v) and insert “; and”; and
(iii)
by inserting at the end the following:

“(vi) the Bureau of Reclamation.”

(3)
at the end of subsection (c)(2)(B), by inserting the following:

“(vi) The Bureau of Reclamation.”

(4)
by striking subsection (d).
(c)
Performance management— Section 203(b)(2)(B) of title 23, United States Code, is amended by inserting “performance management, including” after “support”.

Sec. 2005 Emergency relief for federally owned roads

(a)
Federal share— Section 120(e)(2) of title 23, United States Code, is amended by striking “Federal land access transportation facilities” and inserting “other federally owned roads that are open to public travel (as defined in section 125(e)(1) of this title)”.
(b)
Eligibility— Section 125(d)(3) of title 23, United States Code, is amended—
(1)
at the end of subparagraph (A) by striking “or”;
(2)
at the end of subparagraph (B) by striking the period and inserting “; or”; and
(3)
by inserting at the end the following:

“(C) projects eligible for assistance under this section located on Tribal transportation facilities, Federal lands transportation facilities, or other federally owned roads that are open to public travel.”

(c)
Definition— Section 125(e) of title 23, United States Code, is amended by striking paragraph (1) and inserting the following:

“(1) Definitions—In this subsection—

“(A) “open to public travel” means, with respect to a road, that, except during scheduled periods, extreme weather conditions, or emergencies, the road is maintained and open to the general public and can accommodate travel by 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; and

“(B) “standard passenger vehicle” means a vehicle with six inches of clearance from the lowest point of the frame, body, suspension, or differential to the ground.”

Sec. 2006 Tribal high priority projects program and tribal transportation program amendments

(a)
In general— Section 202 of title 23, United States Code, is amended as follows:
(1)
In subsection (a)(1)—
(A)
in subparagraph (A), by striking the final semicolon and inserting “; and”;
(B)
in subparagraph (B), by striking “; and” and inserting a period; and
(C)
by striking subparagraph (C).
(2)
In subsection (b)(3)(A)(i), by striking “and subsections (c), (d), and (e)” and inserting “and subsections (a)(6), (c), (d), (e), and (g)”.
(3)
In subsection (c)(1), by striking “2 percent” and inserting “3 percent”.
(4)
In subsection (d)(2), by striking “2 percent” and inserting “4 percent”.
(5)
Inserting after subsection (f) the following:

“(g) Tribal high priority projects program

“(1) Funding—Before making any distribution under subsection (b), the Secretary shall set aside not more than 7 percent of the funds made available for the Tribal transportation program for that fiscal year to carry out this subsection.

“(2) Eligible Applicants—Applicants eligible for program funds under this subsection include—

“(A) an Indian tribe whose annual allocation of funding under subsection (b) 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 this section; and

“(ii) for which the annual allocation under subsection (b) is insufficient to complete the highest priority project of the Indian tribe; or

“(C) any Indian tribe or governmental subdivision of an Indian tribe that has an emergency or disaster with respect to a transportation facility included on the national inventory of Tribal transportation facilities under subsection (b)(1).

“(3) Eligible facilities and activities—To be funded under this subsection, a project—

“(A) shall be on a Tribal transportation facility that is included in the national inventory of Tribal transportation facilities under subsection (b)(1); and

“(B) except as specified in paragraph (4), shall be an activity eligible under—

“(i) subsection (a)(1); or

“(ii) the emergency relief program, authorized under section 125 of this title, but that does not meet the funding thresholds under part 668 of title 23, Code of Federal Regulations.

“(4) Limitation on use of funds—Funds under this subsection shall not be used for—

“(A) transportation planning;

“(B) research;

“(C) routine maintenance activities;

“(D) structures and erosion protection unrelated to transportation and roadways;

“(E) general reservation planning not involving transportation;

“(F) landscaping and irrigation systems not involving a transportation program or project;

“(G) work performed on a project that is 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;

“(H) the purchase of equipment, unless otherwise authorized by Federal law; or

“(I) the condemnation of land for recreational trails.

“(5) Project Applications; funding

“(A) In general—To apply for funds under this subsection, an eligible applicant shall submit to the Department of the Interior or the Department of Transportation an application that includes—

“(i) project scope of work, including deliverables, budget, and timeline;

“(ii) the amount of funds requested;

“(iii) project information addressing—

“(I) the ranking criteria identified in subparagraph (C); or

“(II) the nature of the emergency or disaster;

“(iv) documentation that the project meets the definition of a Tribal transportation facility and is included in the national inventory of Tribal transportation facilities under subsection (b)(1);

“(v) documentation of official Tribal action requesting the project;

“(vi) 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

“(vii) any other information the Secretary of the Interior or Secretary considers appropriate to make a determination.

“(B) Limitation on Applications—An applicant for funds under the program may only have one application for assistance under this subsection pending at any one time, including any emergency or disaster project application under paragraph (6).

“(C) Application ranking

“(i) 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.

“(ii) Ranking criteria—The project ranking criteria for applications under this subsection shall include—

“(I) the existence of safety hazards with documented fatality and injury crashes;

“(II) the number of years since the Indian tribe last completed a construction project funded by the Indian Reservation Roads program (as in effect the day before the date of enactment of MAP–21) or the tribal transportation program under 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 this section, 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.

“(iii) Project scoring matrix—The project scoring matrix established in subpart I of part 170 of title 25, Code of Federal Regulations (as in effect on July 19, 2004), shall be used to rank all applications accepted under this subsection.

“(D) Funding priority list

“(i) 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.

“(ii) Limitation—The number of projects on the list shall be limited by the amount of funding set aside for this subsection.

“(E) Timeline—The Secretary of the Interior and the Secretary shall—

“(i) establish deadlines for applications;

“(ii) notify all applicants and Regions in writing of acceptance of applications;

“(iii) 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;

“(iv) notify all accepted applicants of the projects included on the funding priority list; and

“(v) distribute funds to successful applicants.

“(6) Emergency or disaster project Applications

“(A) In general—Notwithstanding paragraph (5)(E), an eligible applicant may submit an emergency or disaster project application at any time.

“(B) Consideration as priority—The Secretary of the Interior and the Secretary shall—

“(i) consider project applications submitted under this paragraph to be a priority project under this subsection; and

“(ii) fund the project applications in accordance with subparagraph (C).

“(C) Funding

“(i) In general—If an eligible applicant submits an application for a project under this paragraph before the issuance of the list under paragraph (5)(D) and the project is determined to be eligible for program funds, the Secretary of the Interior and the Secretary shall provide funding for the project before providing funding for other approved projects on the list.

“(ii) Submission after issuance of list—If an eligible applicant submits an application under this subsection after the issuance of the list under paragraph (5)(D) and the distribution of program funds in accordance with the list, the Secretary of the Interior and the Secretary shall provide funding for the project on the date on which unobligated funds provided to projects on the list are returned to the respective Department.

“(iii) Effect on other projects—If the Secretary of the Interior and the Secretary use funding previously designated for a project on the list under paragraph (5)(D) to fund an emergency or disaster project under this paragraph, 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.

“(D) Emergency or disaster project cost—The cost of a project submitted as an emergency or disaster under this paragraph shall equal at least 10 percent of the distribution of funds of the Indian tribe under subsection (b).

“(7) Limitation on project amounts—Project funding shall be limited to a maximum of $1,500,000 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.

“(8) 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 or the Secretary for certification and approval.”

(b)
Conforming amendment— Section 1123 of the Moving Ahead for Progress in the 21st Century Act (Public Law 112–141) is repealed.

Sec. 2007 Federal lands access program Federal share

Section 201(b)(7) of title 23, United States Code, is amended—
(1)
in subparagraph (A), by striking “shall be 100 percent” and inserting “may be up to 100 percent”; and
(2)
in subparagraph (B), by inserting before the final period “, except that the Federal share for the cost of a project on a Federal lands access transportation facility owned by a county, town, township, municipal, Tribal, or local government may be up to 95 percent”.

Sec. 2008 Nationally significant Federal lands and tribal projects program

(a)
In general— Chapter 2 of title 23, United States Code, is amended by inserting after section 206 the following:

“207. Nationally significant Federal lands and tribal projects program

“(a) Purpose—The Secretary shall establish a nationally significant Federal lands and tribal projects program to provide funding needed to construct, reconstruct, or rehabilitate nationally significant Federal lands and Tribal transportation projects.

“(b) Applicants

“(1) In general—Except as specified in paragraph (2), entities eligible to receive funds under sections 201, 202, 203 and 204 of this title may apply for funding under this program.

“(2) Special rule—A State, county or local government may only apply if sponsored by an eligible Federal Land Management Agency or Indian tribe.

“(c) Eligible projects—An eligible project under this section shall be a single continuous project—

“(1) on a Federal lands transportation facility, a Federal lands access transportation facility, or a Tribal transportation facility, as defined under section 101 of this title, except that such facility is not required to be included on an inventory as described under section 202 or 203 of title 23, United States Code;

“(2) for which completion of activities required under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) has been demonstrated through a record of decision with respect to the project, a finding that the project has no significant impact, or a determination that the project is categorically excluded; and

“(3) having an estimated cost, based on the results of preliminary engineering, equal to or exceeding $25,000,0000, with priority consideration given to projects with an estimated cost equal to or exceeding $50,000,000.

“(d) Eligible activities—An applicant receiving funds under this section may only use such funds for construction, reconstruction, and rehabilitation activities, except that activities related to project design are not eligible.

“(e) Applications—Applicants shall submit to the Secretary an application in such form and in accordance with such requirements as the Secretary shall establish.

“(f) Selection criteria—In selecting a project to receive funds under this program the Secretary shall consider the extent to which the project—

“(1) furthers Departmental goals such as state of good repair, environmental sustainability, economic competitiveness, quality of life, or safety;

“(2) improves the condition of critical multimodal transportation facilities;

“(3) needs construction, reconstruction, or rehabilitation;

“(4) is included in or eligible for inclusion in the National Register of Historic Places;

“(5) enhances environmental ecosystems;

“(6) uses new technologies and innovations that enhance the efficiency of the project;

“(7) is supported by funds other than those received under this title to construct, maintain, and operate the facility;

“(8) spans 2 or more States; and

“(9) serves lands owned by multiple Federal agencies or Tribes.”

(b)
Conforming amendments—
(1)
Availability of funds— Section 201(b) of such title is amended—
(A)
in paragraph (1), by inserting “nationally significant Federal lands and tribal projects program,” after “Federal lands transportation program,”;
(B)
in paragraph (4)(A), by inserting “nationally significant Federal lands and tribal projects program,” after “Federal lands transportation program,”; and
(C)
by adding at the end of paragraph (7) the following—

“(C) Nationally significant Federal lands and tribal projects program—The Federal share of the cost of a project carried out under the nationally significant Federal lands and tribal projects program may be up to 100 percent.”

(2)
Planning— Section 201(c)(3) of such title is amended by inserting “nationally significant Federal lands and tribal projects program” after “Federal lands transportation program,” the first time it appears.
(3)
Analysis— The analysis for chapter 2 of such title is amended by inserting after the item related to 206 the following:

Sec. 2009 Federal lands programmatic activities

(a)
Transportation planning— Section 201(c) of title 23, United States Code, is amended—
(1)
in paragraph (6)(A) by—
(A)
inserting a period after “Tribal transportation program”;
(B)
inserting “Data collected to implement the Tribal transportation program shall be” before “in accordance with”; and
(C)
striking “, including” and inserting “. Data collected under this paragraph includes”; and
(2)
by striking paragraph (7) and inserting the following:

“(7) Cooperative research and technology deployment—The Secretary may conduct cooperative research and technology deployment in coordination with Federal land management agencies, as deemed appropriate by the Secretary.

“(8) Funding

“(A) In general—To implement activities described in this subsection for Federal lands transportation facilities, Federal lands access transportation facilities, and other federally owned roads open to public travel (as defined under section 125 of this title), the Secretary shall combine and use not more than 5 percent for each fiscal year of the funds authorized for programs under sections 203 and 204 of this title.

“(B) Other activities—In addition to the activities specified in subparagraph (A), funds described under such subparagraph may also be used for—

“(i) bridge inspections on any Federally owned bridge even if such bridge is not included on the inventory, as described under section 203 of this title; and

“(ii) transportation planning activities undertaken by any Federal agency.

“(C) Eligible entities—Funds described under subparagraph (A) may be used by the following agencies:

“(i) Bureau of Land Management;

“(ii) Bureau of Reclamation;

“(iii) Military Surface Deployment and Distribution Command;

“(iv) National Park Service;

“(v) Tennessee Valley Authority;

“(vi) United States Air Force;

“(vii) United States Army;

“(viii) United States Army Corps of Engineers;

“(ix) United States Fish & Wildlife Service;

“(x) United States Forest Service; and

“(xi) United States Navy.

“(D) Special rule—Notwithstanding subparagraphs (A) through (C), a Federal Land Management Agency receiving funds to carry out section 203 of this title may use funds authorized for that section to meet the requirements of this subsection.

“(b) Coordination—Section 201 of such title is amended by adding at the end the following

“(f) Federal lands transportation executive council—The Secretary periodically shall convene and chair a Federal Lands Transportation Executive Council, which shall be composed of Secretaries of the appropriate Federal Land Management Agencies or their designees, and chaired by the Secretary or the Secretary’s designee. The purpose of the Federal Lands Transportation Executive Council is to consult on interdepartmental data standardization, technology integration, and interdepartmental consistency.”

Sec. 2010 Bridges requiring closure or load restrictions

Section 144(h) of title 23, United States Code, is amended by—
(1)
redesignating paragraphs (6) and (7) as paragraphs (7) and (8), respectively;
(2)
inserting after paragraph (5), the following new paragraph:

“(6) Bridges requiring closure or load restrictions

“(A) Bridges owned by Federal agencies or tribal governments—If a Federal agency or Tribal government fails to ensure that any highway bridge that is open to public travel and is located within the jurisdiction of the Federal agency or Tribal government is properly closed or restricted to loads it can carry safely, the Secretary—

“(i) shall, upon learning of the need to close such bridge or to restrict loads on it, require the Federal agency or Tribal government to take action necessary to—

“(I) close the bridge within 48 hours; or

“(II) within 30 days, restrict public travel on the bridge to loads the bridge can carry safely; and

“(ii) may, if the Federal agency or Tribal government fails to take action necessary under clause (i), withhold all funding authorized under this title for the Federal agency or Tribal government.

“(B) Other bridges—If a State fails to ensure that any highway bridge (other than a bridge described in subparagraph (A)) that is open to public travel and is located within the boundaries of the State is properly closed or restricted to loads it can carry safely, the Secretary—

“(i) shall, upon learning of the need to close such bridge or to restrict loads on it, require the State to take action necessary to—

“(I) close the bridge within 48 hours; or

“(II) within 30 days, restrict public travel on the bridge to loads the bridge can carry safely; and

“(ii) may, if the State fails to take action necessary under clause (i), withhold approval for Federal-aid projects in such State.”

(3)
in paragraph (8), as redesignated, by striking “(6)” and inserting “(7)”.

Sec. 2011 Broadband infrastructure deployment

(a)
Policy— It is in the national interest for the Department of Transportation and State departments of transportation to expand the use of rights-of-way on Federal-aid highways to accommodate broadband infrastructure; to ensure the safe and efficient accommodation of broadband infrastructure in the public right-of-way; to identify areas where additional broadband infrastructure is most needed; to include broadband stakeholders in the transportation planning process; to coordinate highway construction plans with other statewide telecommunications and broadband plans; and to improve broadband connectivity to rural communities and improve broadband services in urban areas.
(b)
Establishment of broadband infrastructure deployment initiative—
(1)
In general— To advance the policy identified in subsection (a), the Secretary shall carry out a broadband infrastructure deployment initiative under this section.
(2)
Advancing the use of best practices— In order to expand the installation of broadband infrastructure, the Secretary shall require each State that receives funds under title II of this Act to meet the following requirements:
(A)
Broadband coordination— Each State department of transportation shall—
(i)
have a broadband utility coordinator responsible for coordinating the broadband infrastructure needs of the State with Federal-aid highway projects;
(ii)
provide for online registration of broadband infrastructure entities that seek to be included in such broadband infrastructure coordination efforts within the State;
(iii)
coordinate with other State and local agencies and broadband infrastructure entities registered with the State department of transportation under clause (ii) and the First Responder Network Authority (FirstNet) as established in section 6204 of the Middle Class Tax Relief and Job Creation Act of 2012 (42 U.S.C. 1424), to review areas within the State that are unserved or underserved by broadband; and
(iv)
include broadband infrastructure entities registered with the State department of transportation under clause (ii) in the transportation planning processes under sections 134 and 135 of title 23, United States Code.
(B)
Broadband infrastructure coordination plan— Each State department of transportation shall—
(i)
based on the coordination under subparagraph (A), develop a comprehensive State broadband infrastructure coordination plan to expand the adoption and deployment of broadband infrastructure within the State through, at a minimum, the use of rights-of-way for Federal-aid highways and strategies to support increased availability and adoption in unserved and underserved areas in accordance with paragraph (2)(A)(iii);
(ii)
to the extent practicable, coordinate the State broadband infrastructure coordination plan with other statewide telecommunication or broadband plans, and with State and local transportation and land use plans;
(iii)
include in its State broadband infrastructure coordination plan strategies to minimize repeated excavations that involve the installation of broadband infrastructure in the right-of-way; and
(iv)
include in its State broadband infrastructure coordination plan strategies to support increased broadband availability and adoption in unserved and underserved areas in accordance with paragraph (2)(A)(iii).
(C)
Right-of-way access— Notwithstanding any other provision of law—
(i)
each State department of transportation shall—
(I)
allow the installation of broadband infrastructure in the right-of-way of every Federal-aid highway to the extent the State holds sufficient ownership rights to authorize such accommodation; and
(II)
establish reasonable conditions to provide right-of-way access to broadband infrastructure entities to construct, operate, and maintain broadband infrastructure, and may prohibit such uses that would adversely affect highway or traffic safety. Such use and access shall be free of charge to a broadband infrastructure entity requesting access for the purposes of broadband infrastructure installation; and
(ii)
each State may—
(I)
designate one or more longitudinal areas within each right-of-way to accommodate broadband infrastructure; and
(II)
require all broadband infrastructure entities to locate their broadband infrastructure within such longitudinal areas.
(D)
Innovation— Each State department of transportation shall consider new technology and construction practices that would allow for the safe and efficient accommodation of broadband infrastructure in the right-of-way.
(3)
State flexibility— A State meeting the requirements under paragraph (2) may use funds authorized for the surface transportation program under section 133 of title 23, United States Code, and the national highway performance program under section 119 of such title, to install broadband infrastructure as part of a Federal-aid highway project located in an area identified under paragraph (2)(A)(iii), and the broadband infrastructure may be utilized to support non-transportation purposes in addition to transportation purposes.
(c)
Definitions— In this section, the following definitions apply:
(1)
Broadband infrastructure— The term “broadband infrastructure” means buried or aerial facilities, wireless or wireline connection that enables users to send and receive voice, video, data, graphics, or a combination thereof.
(2)
Broadband infrastructure entity— The term “broadband infrastructure entity” means any entity that installs, owns, or operates broadband infrastructure and provides services to members of the public.
(3)
Right-of-way— The term “right-of-way” means any real property, or interest therein, acquired, dedicated, or reserved for the construction, operation, and maintenance of a Federal-aid highway.
(4)
State— The term “State” means any of the 50 States, the District of Columbia, or Puerto Rico.

Sec. 2012 Critical immediate investments program

(a)
Establishment— The Secretary shall establish a program under this section to make critical and immediate improvements to infrastructure and highway safety. This program shall include—
(1)
the interstate bridge revitalization initiative under subsection (b);
(2)
the systemic safety initiative under subsection (c); and
(3)
the state of good repair initiative under subsection (d).
(b)
Interstate bridge revitalization initiative—
(1)
Apportionment— The Secretary shall apportion funds made available to carry out this subsection for a fiscal year among States in the ratio that—
(A)
the amount of funds that the Secretary apportions to the State for such fiscal year for the national highway performance program under section 104(b)(1) of title 23, United States Code; bears to
(B)
the amount of funds that the Secretary apportions to all States for such fiscal year for such program under such section.
(2)
Use of funds—
(A)
If above threshold— If the Secretary determines that more than 5 percent of the total deck area of bridges on the Interstate System in a State is located on bridges that the Secretary has classified as structurally deficient, the State may use funds under this subsection to repair, rehabilitate, or replace structurally deficient bridges on the Interstate System.
(B)
If below threshold— If the Secretary determines that less than 5 percent of the total deck area of bridges on the Interstate System in a State is located on bridges that the Secretary has classified as structurally deficient, the State may use funds under this subsection to repair, rehabilitate, or replace structurally deficient bridges on the National Highway System.
(C)
Exclusion— A State may not use funds under this subsection to construct a new bridge except as a replacement for an eligible structurally deficient bridge.
(c)
Systemic safety initiative—
(1)
Distribution of funds—
(A)
Apportionment— Subject to subparagraph (B), the Secretary shall apportion funds made available to carry out this subsection for a fiscal year among States in the ratio specified in subsection (b)(1).
(B)
Reservation of funds— Before apportioning funds under paragraph (1) in a fiscal year, the Secretary shall reserve $75,000,000 under this subsection for use under paragraph (3).
(2)
Eligible uses of funds—
(A)
In general— A State may use funds under this subsection on—
(i)
systemic safety improvements that are—
(I)
eligible uses of funding under section 148 of title 23, United States Code;
(II)
consistent with the State’s strategic highway safety plan under such section; and
(III)
located on a highway that is not owned by the State; and
(ii)
data improvement activities (or safety data systems) related to highways described in clause (i)(III).
(B)
Special rule— Notwithstanding subparagraph (A)(i)(III), if a State, in the judgment of the Secretary, meets its infrastructure safety needs relating to systemic safety improvements on highways that are not owned by the State, the State may use funds under this subsection on such an improvement—
(i)
that is located on a highway owned by the State; and
(ii)
that meets the requirements of subparagraphs (A)(i)(I) and (A)(i)(II).
(3)
Build to evaluate—
(A)
In general— The Secretary shall provide grants under this paragraph to—
(i)
allow local agencies to implement systemic safety improvements; and
(ii)
enable the Secretary to evaluate the effectiveness of such improvements.
(B)
Eligible Applicants— A local agency seeking to receive a grant under this paragraph shall—
(i)
submit to the Secretary an application in such form and in accordance with such requirements as the Secretary shall establish; and
(ii)
agree to provide the Secretary with data sufficient, in the judgment of the Secretary, to allow the Secretary to rigorously evaluate the effectiveness of the projects that the agency implements with such a grant.
(4)
Definitions— In this subsection, the terms “data improvement activities,”“safety data system,”“systemic safety improvement” and “strategic highway safety plan” have the same meaning as in section 148 of title 23, United States Code.
(d)
State of good repair initiative—
(1)
Apportionment— The Secretary shall apportion funds made available to carry out this subsection for a fiscal year among States in the ratio specified in subsection (b)(1).
(2)
Eligible uses of funds—
(A)
In general— Subject to subparagraph (B), a State may use funds under this subsection to—
(i)
reconstruct, resurface, restore, rehabilitate, or preserve a highway on the National Highway System; or
(ii)
replace, rehabilitate, preserve, or protect a bridge or tunnel on the National Highway System.
(B)
Preservation projects— A State may use 50 percent of the funds that the Secretary apportions to the State under paragraph (1) only for preservation or rehabilitation projects under subparagraph (A) that would prevent or reduce the need for more costly future repair or replacement.
(3)
Use of systems— In selecting projects to fund under this subsection, a State shall use information from its pavement and bridge management systems to identify potential projects that need immediate action to preserve the asset and avoid further deterioration.
(e)
Transfers— Notwithstanding subsection (d), a State may transfer up to 100 percent of its apportionment under such subsection—
(1)
to its apportionment under subsection (b) if, in the judgment of the Secretary, such transfer will help the State to meet the performance targets that the State has established under section 150(d) of title 23, United States Code, in relation to the national highway performance program; or
(2)
to its apportionment under subsection (c) if, in the judgment of the Secretary, such transfer will help the State to meet the performance targets that the State has established under section 150(d) of such title in relation to the highway safety improvement program.
(f)
Administration of funds—
(1)
Availability of funds— Of the funds authorized for each fiscal year for the Critical Immediate Investments Program—
(A)
25 percent shall be available for the Interstate Bridge Revitalization Initiative under subsection (b);
(B)
25 percent shall be available for the Systemic Safety Initiative under subsection (c); and
(C)
50 percent shall be available for the State of Good Repair Initiative under subsection (d).
(2)
Contract authority— Except as specified in paragraph (2), funds made available for the program under this section shall be available for obligation and administered as if apportioned under chapter 1 of title 23, United States Code.
(3)
Federal share—
(A)
In general— The Federal share of the cost of a project under this section may be up to 80 percent of the total project cost.
(B)
Use of other Federal funds— A State may use to pay the non-Federal share of a project under this section Federal funds apportioned or allocated to the State under title 23, United States Code.

Sec. 2013 Appalachian development highway system

Subsections (b) and (c) of section 1528 of the Moving Ahead for Progress in the 21st Century Act (Public Law 112–141; 126 Stat. 582) are amended by striking “shall be 100 percent” and inserting “shall be up to 100 percent” each place it appears.

B Performance Management

Sec. 2101 Performance management data support program

(a)
Performance management data support program— Section 150 of title 23, United States Code, is amended by inserting at the end the following:

“(f) Performance management data support—To assist metropolitan planning organizations, States, and the Department in carrying out performance management analyses, including the performance management requirements of this chapter, the Secretary shall create and maintain data sets and data analysis tools. Such activities may include—

“(1) collecting and distributing vehicle probe data describing traffic on the National Highway System;

“(2) collecting household travel behavior data crossing local jurisdictional boundaries to accommodate external and through travel;

“(3) enhancing existing data collection and analysis tools to accommodate performance measures, targets, and related data;

“(4) enhancing existing data analysis tools to improve performance predictions in reports described in subsection (e) or section 5405 of title 49; and

“(5) developing tools to improve performance analysis and evaluate the effects of project investments on performance.”

(b)
Federal share— Section 120 of such title is amended by adding at the end the following:

“(l) Performance management data support program—The Federal share payable on account of an activity under the performance management data support program under section 150(f) shall be 100 percent of the cost of the activity.”

Sec. 2102 Performance period adjustment

(a)
Highway safety improvement program— Section 148(i) of title 23, United States Code, is amended in the matter preceding paragraph (1), by striking “by the date that is 2 years after the date of the establishment of the performance targets”.
(b)
National highway performance program— Section 119 of title 23, United States Code, is amended—
(1)
in subsection (e)(7), by striking “for 2 consecutive reports submitted under this paragraph shall include in the next report submitted” and inserting “shall include as part of the performance target report”; and
(2)
in subsection (f)(1)(A), by striking “If, during 2 consecutive reporting periods, the condition of the Interstate System, excluding bridges on the Interstate System, in a State falls” and inserting “If a State reports that the condition of the Interstate System, excluding bridges on the Interstate System, has fallen”.

Sec. 2103 Multimodal accommodations

(a)
Design standards— Section 109 of title 23, United States Code, is amended—
(1)
in subsection (c)—
(A)
in paragraph (1)—
(i)
by striking “may take into account” and inserting “shall take into account”; and
(ii)
by striking paragraph (1)(C) and inserting the following:

“(C) access and safety for users of all foreseeable modes of transportation.”

(B)
in paragraph (2), by striking “may develop” and inserting “shall develop”; and
(2)
in subsection (m), by—
(A)
striking “and light motorcycles”; and
(B)
inserting “, safe, convenient, and continuous” before “alternate route”.
(b)
Transportation alternatives—
(1)
Federal share— Section 120 of title 23, United States Code, as amended by this Act, is further amended by adding at the end the following:

“(m) Transportation alternatives program—The Federal share requirements under this section applicable to the transportation alternatives program under section 213 of this title may be met based on—

“(1) an individual project or activity under that section; or

“(2) a program of projects or activities approved under subsection (c)(6)(B) of that section.”

(2)
Reservation of funds— Section 213 of such title is amended in subsection (a)(1) by striking “of fiscal years 2013 and 2014” and inserting “fiscal year”.
(3)
Eligible entities— Section 213(c)(4)(B) of such title is amended by—
(A)
redesignating clauses (vi) and (vii) as clauses (viii) and (ix); and
(B)
inserting after clause (v) the following:

“(vi) a nonprofit organization;

“(vii) a metropolitan planning organization that is not developing the competitive process for funding;”

(4)
Program of projects— Section 213(c) of such title is further amended by adding at the end the following:

“(6) Program of projects—Funds may be obligated under this section for—

“(A) a project or activity eligible under subsection (b); or

“(B) a program of projects or activities eligible under that subsection.

“(7) Administration

“(A) Submission of project agreement—For each fiscal year, each State shall submit a project agreement that—

“(i) certifies that the State will meet all the requirements of this section; and

“(ii) notifies the Secretary of the amount of obligations needed to carry out the program under this section.

“(B) Request for adjustments of amounts—Each State shall request from the Secretary such adjustments to the amount of obligations referred to in subparagraph (A)(ii) as the State determines to be necessary.

“(C) Effect of Approval by the secretary—Approval by the Secretary of a project agreement under subparagraph (A) shall be deemed a contractual obligation of the United States to pay funds made available under this title.”

C Improved Federal Stewardship

Sec. 2201 Project approval and oversight

Section 106 (g)(4) of title 23, United States Code, is amended by inserting at the end the following:

“(C) Funding

“(i) In general—Subject to project approval by the Secretary, and the limitation in clause (iv), a State may use funds made available to the State under section 133(d)(1)(B) to carry out its administration and oversight responsibilities under subparagraph (A).

“(ii) Approval by secretary—To obligate such funds under this subparagraph, the State shall, prior to the beginning of the fiscal year, submit to the Secretary for review and approval an annual work plan identifying activities to be carried out during the fiscal year.

“(iii) Federal share—The Federal share of the cost of activities carried out in accordance with this subparagraph shall not exceed 80 percent.

“(iv) Limitation—A State’s obligation of funds under this subparagraph shall not exceed an amount equal to 3 percent of the State’s apportioned funds available for obligation in a fiscal year as specified in section 133(d)(1)(B).”

D Other

Sec. 2301 Letting of contracts

Section 112 of title 23, United States Code, is amended by inserting the following at the end:

“(h) Local hiring

“(1) In general—The Secretary or recipient of assistance under the Federal-aid highway program may advertise, post job opportunities on State job banks and with One Stop centers established under the Workforce Investment Act, and award a contract for construction containing requirements for the employment of individuals residing in or adjacent to any of the areas in which the work is to be performed under the contract, provided that—

“(A) all or part of the construction work performed under the contract occurs in an area that has—

“(i) a per capita income of 80 percent or less of the national average; or

“(ii) an unemployment rate that is, for the most recent 24-month period for which data are available, at least 1 percent greater than the national average unemployment rate;

“(B) the estimated cost of the project of which the contract is a part is greater than $10 million; and

“(C) the recipient may not require the hiring of individuals who do not have the necessary skills to perform work in any craft or trade, except for individuals who are subject to an apprenticeship program or other training program meeting the requirements of section 140 of this title.

“(2) Advertisement—In advertising and awarding a contract under this subsection, the Secretary or recipient of assistance shall ensure that the requirements contained in the advertisement would not—

“(A) compromise the quality of the project;

“(B) unreasonably delay the completion of the project; or

“(C) unreasonably increase the cost of the project.

“(i) Permissible Restrictions—A State or local law governing contracting practices that prohibits the awarding of contracts to businesses that have solicited or made contributions to political candidates, political parties and holders of public office does not violate the requirements of this section.”

Sec. 2302 Construction of ferry boats and ferry terminal facilities

Section 1801(e) of the SAFETEA–LU (23 U.S.C. 129 note; Public Law 109–59), as amended by section 1121 of the MAP–21 (Public Law 112–141), is amended in paragraph (4)(D) by striking “2014” and inserting “2018”.

Sec. 2303 Green stormwater infrastructure

(a)
Eligibility for environmental restoration and pollution abatement— Section 328(a) of title 23 United States Code, is amended by striking “construction of stormwater treatment systems” and inserting “construction of stormwater treatment systems or green stormwater infrastructure”.
(b)
Eligibiity under surface transportation program— Section 133(b) of such title is amended—
(1)
in paragraph (2) by inserting “and green infrastructure” after “material”; and
(2)
in paragraph (7) by striking “wildlife,” and inserting “wildlife or stormwater,”.

Sec. 2304 Elimination or modification of certain FHWA reporting requirements

(a)
Fundamental properties of asphalts report— Section 6016 of the Intermodal Surface Transportation Efficiency Act of 1991 (23 U.S.C. 307 note) is amended by striking subsection (g).
(b)
Projects of regional and national significance annual report— Section 1301 of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (23 U.S.C. 101 note) is amended by striking subsection (k).
(c)
Express lane demonstration program reports— Section 1604 of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (23 U.S.C. 129 note) is amended by striking subsection (b)(7)(B).
(d)
Surface transportation project delivery pilot program— Section 327 of title 23, United States Code, is amended—
(1)
by striking subsection (i); and
(2)
by redesignating subsection (j) as subsection (i).
(e)
Expedient decisions and reviews report— Section 139(h)(7)(B) of title 23, United States Code, is amended by striking “every 120 days” and inserting in its place “annually”.