S. 1647 — what changed

“(A) $456,000,000 for fiscal year 2016;

“(B) $465,000,000 for fiscal year 2017;

“(C) $474,000,000 for fiscal year 2018;

“(D) $483,000,000 for fiscal year 2019;

“(E) $492,000,000 for fiscal year 2020; and

“(F) $501,000,000 for fiscal year 2021.”

“(5) National freight program

“(A) In general—For the national freight program under section 167, the Secretary shall set aside from the amount determined for a State under subsection (c) an amount determined for the State under subparagraphs (B) and (C).

“(B) Total amount—The total amount set aside for the national freight program for all States shall be—

“(i) $2,000,000,000 for fiscal year 2016;

“(ii) $2,100,000,000 for fiscal year 2017;

“(iii) $2,200,000,000 for fiscal year 2018;

“(iv) $2,300,000,000 for fiscal year 2019;

“(v) $2,400,000,000 for fiscal year 2020; and

“(vi) $2,500,000,000 for fiscal year 2021.

“(C) State share—The Secretary shall distribute among the States the total set-aside amount for the national freight program under subparagraph (B) so that each State receives an amount equal to the proportion that—

“(i) the total set-aside amount; bears to

“(ii) the State total apportionments determined under subsection (c).

added “(i) the total apportionment determined under subsection (c) for a State; bears to

added “(ii) the total apportionments for all States.

“(D) Metropolitan planning—Of the amount set aside under this paragraph for a State, the Secretary shall use to carry out section 134 an amount determined by multiplying the set-aside amount by the proportion that—

“(i) the amount apportioned to the State to carry out section 134 for fiscal year 2009; bears to

added “(ii) 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 MAP–21 (Public Law 112–141; 126 Stat. 405).”

removed “(ii) 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 MAP–21 (Public Law 112–141; 126 Stat. 405)).”

“(3) For fiscal years 2016 through 2021

“(A) State share—For each of fiscal years 2016 through 2021, 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, the national freight program under section 167, the transportation alternatives program under section 213, 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 2014; 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—For each of fiscal years 2016 through 2021, on October 1, 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, the national freight program under section 167, the transportation alternatives program under section 213, and to carry out section 134 in accordance with subparagraph (A).”

Section 133 of title 23, United States Code, is amended—

“(g) Bridges off the National Highway System

“(1) Definition of off-NHS bridge—In this subsection, the term “off-NHS bridge” means a highway bridge located on a public road, other than a bridge on the National Highway System.”

“(A) Set-aside—Each State shall obligate for 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) for off-NHS bridges an amount equal to the greater of—

“(i) 15 percent of the amount apportioned to the State under section 104(b)(2); and

changed “(ii) an amount equal to at least 110 percent of the amount of funds the State set aside for off-system bridges in fiscal year 2014 set aside for bridges not on Federal-aid highways in the State for fiscal year 2014.”

Section 134 of title 23, United States Code, is amended—

“(3) Representation

“(A) In general—Designation or selection of officials or representatives under paragraph (2) shall be determined by the metropolitan planning organization according to the bylaws or enabling statute of the organization.

“(B) Public transportation representative—Subject to the bylaws or enabling statute of the metropolitan planning organization, a representative of a provider of public transportation may also serve as a representative of a local municipality.

“(C) Powers of certain officials—An official described in paragraph (2)(B) shall have responsibilities, actions, duties, voting rights, and any other authority commensurate with other officials described in paragraph (2)(B).”

“(I) improve the resilience and reliability of the transportation system.”

added “(q) Treatment of Lake Tahoe Region

added “(1) Definition of Lake Tahoe Region—In this subsection, the term Lake Tahoe Region has the meaning given the term region in subsection (a) of Article II of the Lake Tahoe Regional Planning Compact (Public Law 96–551; 94 Stat. 3234).

added “(2) Treatment—For the purpose of this title, the Lake Tahoe Region shall be treated as—

added “(A) a metropolitan planning organization;

added “(B) a transportation management area under subsection (k); and

added “(C) an urbanized area, which is comprised of a population of 145,000 in the State of California and a population of 65,000 in the State of Nevada.

added “(3) Suballocated funding

added “(A) Section 133—When determining the amount under subparagraph (A) of section 133(d)(1) that shall be obligated for a fiscal year in the States of California and Nevada under clauses (i), (ii), and (iii) of that subparagraph, the Secretary shall, for each of those States—

added “(i) calculate the population under each of those clauses;

added “(ii) decrease the amount under section 133(d)(1)(A)(iii) by the population specified in paragraph (2) of this subsection for the Lake Tahoe Region in that State; and

added “(iii) increase the amount under section 133(d)(1)(A)(i) by the population specified in paragraph (2) of this subsection for the Lake Tahoe Region in that State.

added “(B) Section 213—When determining the amount under paragraph (1) of section 213(c) that shall be obligated for a fiscal year in the States of California and Nevada under subparagraphs (A), (B), and (C) of that paragraph, the Secretary shall, for each of those States—

added “(i) calculate the population under each of those subparagraphs;

added “(ii) decrease the amount under section 213(c)(1)(C) by the population specified in paragraph (2) of this subsection for the Lake Tahoe Region in that State; and

added “(iii) increase the amount under section 213(c)(1)(A) by the population specified in paragraph (2) of this subsection for the Lake Tahoe Region in that State.”

Section 149 of title 23, United States Code, is amended—

“(A) In general—States and metropolitan”

“(B) Use of priority funding—To the maximum extent practicable, PM2.5 priority funding shall be used on the most cost-effective projects and programs that are proven to reduce directly emitted fine particulate matter.”

changed “(3) PM2.5 Pm2.5 nonattainment and maintenance in low population density States

changed “(A) Exception—In any State with a population density of 75 80 or fewer persons per square mile of land area, based on the most recent decennial census, the requirements under subsection (g)(3) and paragraphs (1) and (2) of this subsection shall not apply to a nonattainment or maintenance area in the State if—

“(i) the nonattainment or maintenance area does not have projects that are part of the emissions analysis of a metropolitan transportation plan or transportation improvement program; and

“(ii) regional motor vehicle emissions are an insignificant contributor to the air quality problem for PM2.5 in the nonattainment or maintenance area.

“(B) Calculation—If subparagraph (A) applies to a nonattainment or maintenance area in a State, the percentage of the PM2.5 set-aside under paragraph (1) shall be reduced for that State proportionately based on the weighted population of the area in fine particulate matter nonattainment.

“(4) Port-related equipment and vehicles—To meet the requirements under paragraph (1), a State or metropolitan planning organization may elect to obligate funds to the most cost-effective projects to reduce emissions from port-related landside nonroad or on-road equipment that is operated within the boundaries of a PM2.5 nonattainment or maintenance area.”

“167. National freight program

“(a) Establishment

“(1) In general—It is the policy of the United States to improve the condition and performance of the national highway freight network to ensure that the national freight network provides the foundation for the United States to compete in the global economy and achieve each goal described in subsection (b).

“(2) Establishment—In support of the goals described in subsection (b), the Secretary shall establish a national freight program in accordance with this section to improve the efficient movement of freight on the national highway freight network.

“(b) Goals—The goals of the national freight program are—

“(1) to invest in infrastructure improvements and to implement operational improvements on the highways of the United States that—

“(A) strengthen the contribution of the national highway freight network to the economic competitiveness of the United States;

“(B) reduce congestion and relieve bottlenecks in the freight transportation system;

“(C) reduce the cost of freight transportation;

“(D) improve the reliability of freight transportation; and

“(E) increase productivity, particularly for domestic industries and businesses that create high-value jobs;

“(2) to improve the safety, security, efficiency, and resiliency of freight transportation in rural and urban areas;

“(3) to improve the state of good repair of the national highway freight network;

“(4) to use advanced technology to improve the safety and efficiency of the national highway freight network;

“(5) to incorporate concepts of performance, innovation, competition, and accountability into the operation and maintenance of the national highway freight network;

“(6) to improve the efficiency and productivity of the national highway freight network; and

“(7) to reduce the environmental impacts of freight movement.

“(c) Establishment of a national highway freight network

“(1) In general—The Secretary shall establish a national highway freight network in accordance with this section to assist States in strategically directing resources toward improved system performance for efficient movement of freight on highways.

“(2) Network components—The national highway freight network shall consist of—

“(A) the primary highway freight system, as designated under subsection (d);

“(B) critical rural freight corridors established under subsection (e);

“(C) critical urban freight corridors established under subsection (f); and

“(D) the portions of the Interstate System not designated as part of the primary highway freight system, including designated future Interstate System routes as of the date of enactment of the DRIVE Act.

“(d) Designation and redesignation of the primary highway freight system

“(1) Initial designation of primary highway freight system—The initial designation of the primary highway freight system shall be—

“(A) the network designated by the Secretary under section 167(d) of title 23, United States Code, as in effect on the day before the date of enactment of the DRIVE Act; and

“(B) all National Highway System freight intermodal connectors.

“(2) Redesignation of primary highway freight system

“(A) In general—Beginning on the date that is 1 year after the date of enactment of the DRIVE Act and every 5 years thereafter, using the designation factors described in subparagraph (E), the Secretary shall redesignate the primary highway freight system (including any additional mileage added to the primary highway freight system under this paragraph as of the date on which the redesignation process is effective).

“(B) Mileage

“(i) First redesignation—In redesignating the primary highway freight system on the date that is 1 year after the date of enactment of the DRIVE Act, the Secretary shall limit the system to 30,000 centerline miles, without regard to the connectivity of the primary highway freight system.

“(ii) Subsequent redesignations—Each redesignation after the redesignation described in clause (i), the Secretary may increase the primary highway freight system by up to 5 percent of the total mileage of the system, without regard to the connectivity of the primary highway freight system.

“(C) Considerations

“(i) In general—In redesignating the primary highway freight system, to the maximum extent practicable, the Secretary shall use measurable data to assess the significance of goods movement, including consideration of points of origin, destination, and linking components of the United States global and domestic supply chains.

“(ii) Intermodal connectors—In redesignating the primary highway freight system, the Secretary shall include all National Highway System freight intermodal connectors.

“(D) Input—In addition to the process provided to State freight advisory committees under paragraph (3), in redesignating the primary highway freight system, the Secretary shall provide an opportunity for State freight advisory committees to submit additional miles for consideration.

“(E) Factors for redesignation—In redesignating the primary highway freight system, the Secretary shall consider—

“(i) the origins and destinations of freight movement in, to, and from the United States;

“(ii) land and water ports of entry;

“(iii) access to energy exploration, development, installation, or production areas;

“(iv) proximity of access to other freight intermodal facilities, including rail, air, water, and pipelines;

“(v) the total freight tonnage and value moved via highways;

“(vi) significant freight bottlenecks, as identified by the Secretary;

“(vii) the annual average daily truck traffic on principal arterials; and

“(viii) the significance of goods movement on principal arterials, including consideration of global and domestic supply chains.

“(3) State flexibility for additional miles on primary highway freight system

changed “(A) In general—Not later than 1 year after each redesignation conducted by the Secretary under paragraph (2), each State, under the advisement of the State freight advisory committee, as established in accordance with subsection (n), may increase the number of miles designated as part of the primary highway freight system in that State by not more than 10 percent of the miles designated in that State under this subsection if the additional miles—

“(i) close gaps between primary highway freight system segments;

“(ii) establish connections of the primary highway freight system critical to the efficient movement of goods, including ports, international border crossings, airports, intermodal facilities, logistics centers, warehouses, and agricultural facilities; or

“(iii) designate critical emerging freight routes.

changed “(B) Considerations—Each State, under the advisement of the State freight advisory committee that increases the number of miles on the primary highway freight system under subparagraph (A) shall—

“(i) consider nominations for the additional miles from metropolitan planning organizations within the State;

“(ii) ensure that the additional miles are consistent with the freight plan of the State; and

“(iii) review the primary highway freight system of the State designated under paragraph (1) and redesignate miles in a manner that is consistent with paragraph (2).

changed “(C) Submission—Each State, under the advisement of the State freight advisory committee shall—

“(i) submit to the Secretary a list of the additional miles added under this subsection; and

“(ii) certify that—

“(I) the additional miles meet the requirements of subparagraph (A); and

changed “(II) the State, under the advisement of the State freight advisory committee has satisfied the requirements of subparagraph (B).

“(e) Critical rural freight corridors—A State may designate a public road within the borders of the State as a critical rural freight corridor if the public road—

“(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 (Federal Highway Administration vehicle class 8 to 13);

“(2) provides access to energy exploration, development, installation, or production areas;

“(3) connects the primary highway freight system, a roadway described in paragraph (1) or (2), or the 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;

“(4) provides access to—

“(A) a grain elevator;

“(B) an agricultural facility;

“(C) a mining facility;

“(D) a forestry facility; or

“(E) an intermodal facility;

“(5) connects to an international port of entry;

“(6) provides access to significant air, rail, water, or other freight facilities in the State; or

“(7) is, in the determination of the State, vital to improving the efficient movement of freight of importance to the economy of the State.

“(f) Critical urban freight corridors

“(1) Urbanized area with population of 500,000 or more—In an urbanized area with a population of 500,000 or more individuals, the representative metropolitan planning organization, in consultation with the State, may designate a public road within the borders of that area of the State as a critical urban freight corridor.

“(2) Urbanized area with a population less than 500,000—In an urbanized area with a population of less than 500,000 individuals, the State, in consultation with the representative metropolitan planning organization, may designate a public road within the borders of that area of the State as a critical urban freight corridor.

“(3) Requirements for designation—A designation may be made under paragraphs (1) or (2) if the public road—

“(A) is in an urbanized area, regardless of population; and

“(B)

“(i) connects an intermodal facility to—

“(I) the primary highway freight network;

“(II) the Interstate System; or

“(III) an intermodal freight facility;

“(ii) is located within a corridor of a route on the primary highway freight network and provides an alternative highway option important to goods movement;

“(iii) serves a major freight generator, logistic center, or manufacturing and warehouse industrial land; or

“(iv) is important to the movement of freight within the region, as determined by the metropolitan planning organization or the State.

“(g) Designation and certification

“(1) Designation—States and metropolitan planning organizations may designate corridors under subsections (e) and (f) and submit the designated corridors to the Secretary on a rolling basis.

“(2) Certification—Each State or metropolitan planning organization that designates a corridor under subsection (e) or (f) shall certify to the Secretary that the designated corridor meets the requirements of the applicable subsection.

“(h) National freight strategic plan

“(1) Initial development of national freight strategic plan—Not later than 3 years after the date of enactment of the DRIVE Act, the Secretary, in consultation with State departments of transportation, metropolitan planning organizations, and other appropriate public and private transportation stakeholders, shall develop and post on the public website of the Department of Transportation a national freight strategic plan that includes—

“(A) an assessment of the condition and performance of the national highway freight network;

“(B) an identification of highway bottlenecks on the national highway freight network that create significant freight congestion (including congestion on other nonhighway freight routes) based on a quantitative methodology developed by the Secretary, which shall, at a minimum, include—

“(i) information from the Freight Analysis Framework 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, based on the most recent data available, for the 10- and 20-year period beginning in the year during which the plan is issued;

“(D) an identification of major trade gateways and national freight corridors, including nonhighway 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 highway 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 on multistate projects;

“(J) identification of locations or areas with high crash rates or congestion involving freight traffic, and strategies to address those issues; and

“(K) 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 public website of the Department of Transportation a revised national freight strategic plan.

“(i) Highway freight transportation conditions and performance reports—Not later than 2 years after the date of enactment of the DRIVE Act and biennially thereafter, the Secretary shall prepare and submit to Congress a report that describes the conditions and performance of the national highway freight network in the United States.

“(j) Transportation investment data and planning tools

“(1) In general—Not later than 1 year after the date of enactment of the DRIVE Act, the Secretary shall—

“(A) begin development of new tools and improvement of 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 on a national and regional basis;

“(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;

“(iii) improved methods for data collection and trend analysis;

“(iv) encouragement of public-private partnerships to carry out data sharing activities while maintaining the confidentiality of all proprietary data; and

“(v) other tools 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 described in paragraph (1).

“(k) Use of apportioned funds

“(1) In general—A State shall obligate funds apportioned to the State under section 104(b)(5) to improve the movement of freight on the national highway freight network.

“(2) Formula—The Secretary shall calculate for each State the proportion that—

“(A) the total mileage in the State designated as part of the primary highway freight system; bears to

“(B) the total mileage of the primary highway freight system in all States.

“(3) Use of funds

“(A) States with high primary highway freight system mileage—If the proportion of a State under paragraph (2) is greater than or equal to 3 percent, the State may obligate funds apportioned to the State under section 104(b)(5) for projects on—

“(i) the primary highway freight system;

“(ii) critical rural freight corridors; and

“(iii) critical urban freight corridors.

“(B) States with low primary highway freight system mileage—If the proportion of a State under paragraph (2) is less than 3 percent, the State may obligate funds apportioned to the State under section 104(b)(5) for projects on any component of the national highway freight network.

“(4) Freight planning—Notwithstanding any other provision of law, effective beginning 2 years after the date of enactment of the DRIVE Act, a State may not obligate funds apportioned to the State under section 104(b)(5) unless the State has—

“(A) established a freight advisory committee in accordance with subsection (n); and

“(B) developed a freight plan in accordance with subsection (o).

“(5) Eligibility

“(A) In general—Except as provided in this subsection, for a project to be eligible for funding under this section the project shall—

“(i) contribute to the efficient movement of freight on the national highway freight network; and

“(ii) be consistent with a freight investment plan included in a freight plan of the State that is in effect.

“(B) Other projects—A State may obligate not more than 10 percent of the total apportionment of the State under section 104(b)(5) for projects—

“(i) within the boundaries of public and private freight rail, water facilities (including ports), and intermodal facilities; and

“(ii) that provide surface transportation infrastructure necessary to facilitate direct intermodal interchange, transfer, and access into and out of the facility.

“(C) Eligible projects—Funds apportioned to the State under section 104(b)(5) for the national freight program may be obligated to carry out 1 or more of the following:

“(i) Development phase activities, including planning, feasibility analysis, revenue forecasting, environmental review, preliminary engineering and design work, and other preconstruction activities.

“(ii) Construction, reconstruction, rehabilitation, acquisition of real property (including land relating to the project and improvements to land), construction contingencies, acquisition of equipment, and operational improvements directly relating to improving system performance.

“(iii) Intelligent transportation systems and other technology to improve the flow of freight, including intelligent freight transportation systems.

“(iv) Efforts to reduce the environmental impacts of freight movement.

“(v) Environmental and community mitigation of freight movement.

“(vi) Railway-highway grade separation.

“(vii) Geometric improvements to interchanges and ramps.

“(viii) Truck-only lanes.

“(ix) Climbing and runaway truck lanes.

“(x) Adding or widening of shoulders.

“(xi) Truck parking facilities eligible for funding under section 1401 of MAP–21 (23 U.S.C. 137 note; Public Law 112–141).

“(xii) Real-time traffic, truck parking, roadway condition, and multimodal transportation information systems.

“(xiii) Electronic screening and credentialing systems for vehicles, including weigh-in-motion truck inspection technologies.

“(xiv) Traffic signal optimization, including synchronized and adaptive signals.

“(xv) Work zone management and information systems.

“(xvi) Highway ramp metering.

“(xvii) Electronic cargo and border security technologies that improve truck freight movement.

“(xviii) Intelligent transportation systems that would increase truck freight efficiencies inside the boundaries of intermodal facilities.

“(xix) Additional road capacity to address highway freight bottlenecks.

“(xx) A highway project, other than a project described in clauses (i) through (xix), to improve the flow of freight on the national highway freight network.

“(xxi) Any other surface transportation project to improve the flow of freight into and out of a facility described in subparagraph (B).

“(6) Other eligible costs—In addition to the eligible projects identified in paragraph (5), a State may use funds apportioned under section 104(b)(5) for—

“(A) carrying out diesel retrofit or alternative fuel projects under section 149 for class 8 vehicles; and

“(B) the necessary costs of—

“(i) conducting analyses and data collection related to the national freight program;

“(ii) developing and updating performance targets to carry out this section; and

“(iii) reporting to the Secretary to comply with section 150.

“(7) Applicability of planning requirements—Programming and expenditure of funds for projects under this section shall be consistent with the requirements of sections 134 and 135.

“(l) State performance targets—If the Secretary determines that a State has not met or made significant progress toward meeting the performance targets related to freight movement of the State established under section 150(d) by the date that is 2 years after the date of the establishment of the performance targets, until the date on which the Secretary determines that the State has met or has made significant progress towards meeting the performance targets, the State shall submit to the Secretary, on a biennial basis, a freight performance improvement plan that includes—

“(1) an identification of significant freight system trends, needs, and issues within the State;

“(2) a description of the freight policies and strategies that will guide the freight-related transportation investments of the State;

“(3) an inventory of freight bottlenecks within the State and a description of the ways in which the State is allocating the national freight program funds to improve those bottlenecks; and

“(4) a description of the actions the State will undertake to meet the performance targets of the State.

“(m) Study of multimodal projects—Not later than 2 years after the date of enactment of the DRIVE Act, the Secretary shall submit to Congress a report that contains—

“(1) a study of freight projects identified in State freight plans under subsection (o); and

“(2) an evaluation of multimodal freight projects included in the State freight plans, or otherwise identified by States, that are subject to the limitation of funding for such projects under this section.

“(n) State freight advisory committees

“(1) In general—Each State shall 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.

“(2) Role of committee—A freight advisory committee of a State described in paragraph (1) shall—

“(A) advise the State on freight-related priorities, issues, projects, and funding needs;

“(B) serve as a forum for discussion for State transportation decisions affecting freight mobility;

“(C) communicate and coordinate regional priorities with other organizations;

“(D) promote the sharing of information between the private and public sectors on freight issues; and

“(E) participate in the development of the freight plan of the State described in subsection (o).

“(o) State freight plans

“(1) In general—Each State shall develop a freight plan that provides a comprehensive plan for the immediate and long-range planning activities and investments of the State with respect to freight.

“(2) Plan contents—A freight plan described in paragraph (1) shall include, at a minimum—

“(A) an identification of significant freight system trends, needs, and issues with respect to the State;

“(B) a description of the freight policies, strategies, and performance measures that will guide the freight-related transportation investment decisions of the State;

“(C) when applicable, a listing of critical rural and urban freight corridors designated within the State under this section;

“(D) a description of how the plan will improve the ability of the State to meet the national freight goals established under subsection (b);

“(E) evidence of consideration of innovative technologies and operational strategies, including intelligent transportation systems, that improve the safety and efficiency of freight movement;

added “(E) a description of how innovative technologies and operational strategies, including intelligent transportation systems, that improve the safety and efficiency of freight movement, were considered;

“(F) 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;

“(G) 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;

“(H) consideration of any significant congestion or delay caused by freight movements and any strategies to mitigate that congestion or delay; and

“(I) a freight investment plan that, subject to paragraph (3)(B), includes a list of priority projects and describes how funds made available to carry out this section would be invested and matched.

“(3) Relationship to long-range plan

“(A) Incorporation—A freight plan described in paragraph (1) may be developed separately from or incorporated into the statewide strategic long-range transportation plan required by section 135.

“(B) Fiscal constraint—The freight investment plan component of a freight plan shall include a project, or an identified phase of a project, only if funding for completion of the project can reasonably be anticipated to be available for the project within the time period identified in the freight investment plan.

“(4) Planning period—The freight plan shall address a 10-year forecast period.

“(5) Updates

“(A) In general—A State shall update the freight plan not less frequently than once every 5 years.

“(B) Freight investment plan—A State may update the freight investment plan more frequently than is required under subparagraph (A).

“(p) Intelligent freight transportation system

“(1) Definition of intelligent freight transportation system—In this section, the term intelligent freight transportation system means—

“(A) an innovative or intelligent technological transportation system, infrastructure, or facilities, including electronic roads, driverless trucks, elevated freight transportation facilities, and other intelligent freight transportation systems; and

“(B) a communications or information processing system used singly or in combination for dedicated intelligent freight lanes and conveyances that improve the efficiency, security, or safety of freight on the Federal-aid highway system or that operate to convey freight or improve existing freight movements.

“(2) Location—An intelligent freight transportation system shall be located—

“(A)

“(i) along existing Federal-aid highways; or

“(ii) in a manner that connects ports-of-entry to existing Federal-aid highways; and

“(B) in proximity to, or within, an existing right-of-way on a Federal-aid highway.

“(3) Operating standards—The Administrator of the Federal Highway Administration shall determine the need for establishing operating standards for intelligent freight transportation systems.”

“171. Assistance for major projects program

“(a) Purpose of program—The purpose of the assistance for major projects program shall be to assist in funding critical high-cost surface transportation infrastructure projects that—

“(1) are difficult to complete with existing Federal, State, local, and private funds; and

“(2) will achieve 1 or more of—

“(A) generation of national or regional economic benefits and an increase in the global economic competitiveness of the United States;

“(B) reduction of congestion and the impacts of congestion;

“(C) improvement of roadways vital to national energy security;

“(D) improvement of the efficiency, reliability, and affordability of the movement of freight;

“(E) improvement of transportation safety;

“(F) improvement of existing and designated future Interstate System routes; or

“(G) improvement of the movement of people through improving rural connectivity and metropolitan accessibility.

“(b) Definitions—In this section:

“(1) Administrator—The term Administrator means the Administrator of the Federal Highway Administration.

“(2) Eligible applicant—The term eligible applicant means—

“(A) a State (or a group of States);

“(B) a local government;

“(C) a tribal government (or a consortium of tribal governments);

“(D) a transit agency;

“(E) a special purpose district or a public authority with a transportation function;

“(F) a port authority;

“(G) a political subdivision of a State or local government;

“(H) a Federal land management agency, jointly with the applicable State; or

“(I) a multistate or multijurisdictional group of entities described in subparagraphs (A) through (H).

“(3) Eligible project

“(A) In general—The term eligible project means a surface transportation project, or a program of integrated surface transportation projects closely related in the function the projects perform, that—

“(i) is a capital project that is eligible for Federal financial assistance under—

“(I) this title; or

“(II) chapter 53 of title 49; and

“(ii) except as provided in subparagraph (B), has eligible project costs that are reasonably anticipated to equal or exceed the lesser of—

“(I) $350,000,000; and

“(II)

changed “(aa) for a project located in a single State, 30 25 percent of the amount of Federal-aid highway funds apportioned to the State for the most recently completed fiscal year;

changed “(bb) “(III) for a project located in a single rural State with a population density of 75 80 or fewer persons per square mile based on the most recent decennial census, 10 percent of the amount of Federal-aid highway funds apportioned to the State for the most recently completed fiscal year; or

changed “(cc) “(IV) for a project located in more than 1 State, 75 percent of the amount of Federal-aid highway funds apportioned to the participating State that has the largest apportionment for the most recently completed fiscal year.

“(B) Federal land transportation facility—In the case of a Federal land transportation facility, the term eligible project means a Federal land transportation facility that has eligible project costs that are reasonably anticipated to equal or exceed $150,000,000.

“(4) Eligible project costs—The term eligible project costs means the costs of—

“(A) development phase activities, including planning, feasibility analysis, revenue forecasting, environmental review, preliminary engineering and design work, and other preconstruction activities; and

“(B) construction, reconstruction, rehabilitation, and acquisition of real property (including land related to the project and improvements to land), environmental mitigation, construction contingencies, acquisition of equipment directly related to improving system performance, and operational improvements.

“(5) Rural area—The term rural area means an area that is outside of an urbanized area with a population greater than 150,000 individuals, as determined by the Bureau of the Census.

changed “(6) Rural state—The term rural State means a State that has a population density of 75 80 or fewer persons per square mile, based on the most recent decennial census.

“(c) Establishment of program—The Administrator shall establish a program in accordance with this section to provide grants for projects that will have a significant impact on a region or the Nation.

“(d) Solicitations and applications

“(1) Grant solicitations—The Administrator shall conduct a transparent and competitive national solicitation process to review eligible projects for funding under this section.

“(2) Applications

“(A) In general—An eligible applicant seeking a grant under this section shall submit to the Administrator an application in such form and containing such information as the Administrator determines necessary, including the total amount of the grant requested.

“(B) Contents—Each application submitted under this paragraph shall include data on the most recent system performance and estimated system improvements that will result from completion of the eligible project, including projections for improvements 5, 10, and 20 years after completion of the project.

“(C) Resubmission of applications—An eligible applicant whose project is not selected under this section may resubmit an application in a subsequent solicitation.

“(e) Criteria for project evaluation and selection

“(1) In general—The Administrator may select a project for funding under this section only if the Administrator determines that the project—

“(A) is consistent with the national goals described in section 150(b);

“(B) will significantly improve the performance of the national surface transportation network, nationally or regionally;

“(C) is based on the results of preliminary engineering;

“(D) is consistent with the long-range statewide transportation plan;

“(E) cannot be readily and efficiently completed without Federal financial assistance;

“(F) is justified based on the ability of the project to achieve 1 or more of—

“(i) generation of national economic benefits that reasonably exceed the costs of the project;

“(ii) reduction of long-term congestion, including impacts on a national, regional, and statewide basis;

“(iii) an increase in the speed, reliability, and accessibility of the movement of people or freight; or

“(iv) improvement of transportation safety, including reducing transportation accident and serious injuries and fatalities; and

“(G) is supported by a sufficient amount of non-Federal funding, including evidence of stable and dependable financing to construct, maintain, and operate the infrastructure facility.

“(2) Additional considerations—In evaluating a project under this section, in addition to the criteria described in paragraph (1), the Administrator shall consider the extent to which the project—

“(A) leverages Federal investment by encouraging non-Federal contributions to the project, including contributions from public-private partnerships;

“(B) is able to begin construction by the date that is not later than 18 months after the date on which the project is selected;

“(C) incorporates innovative project delivery and financing to the maximum extent practicable;

“(D) helps maintain or protect the environment;

“(E) improves roadways vital to national energy security;

“(F) improves or upgrades designated future Interstate System routes;

“(G) uses innovative technologies, including intelligent transportation systems, that enhance the efficiency of the project; and

“(H) helps to improve mobility and accessibility.

“(f) Geographic distribution—In awarding grants under this section, the Administrator shall take measures to ensure, to the maximum extent practicable—

“(1) an equitable geographic distribution of amounts; and

“(2) an appropriate balance in addressing the needs of rural and urban communities.

“(g) Funding requirements

“(1) In general—Except in the case of projects described in paragraph (2), the amount of a grant under this section shall be at least $50,000,000.

“(2) Rural projects—The amounts made available for a fiscal year under this section for eligible projects located in rural areas or in rural States shall not be—

“(A) less than 20 percent of the amount made available for the fiscal year under this section; and

“(B) subject to paragraph (1).

“(3) Limitation of funds—Not more than 20 percent of the funds made available for a fiscal year to carry out this section shall be allocated for projects eligible under section 167(k)(5)(B) or chapter 53 of title 49.

“(4) State cap

“(A) In general—Not more than 20 percent of the funds made available for a fiscal year to carry out this section may be awarded to projects in a single State.

“(B) Exception for multistate projects—For purposes of the limitation described in subparagraph (A), funds awarded for a multistate project shall be considered to be distributed evenly to each State.

“(5) TIFIA program—On the request of an eligible applicant under this section, the Administrator may use amounts awarded to the entity to pay subsidy and administrative costs necessary to provide the entity Federal credit assistance under chapter 6 with respect to the project for which the grant was awarded.

“(h) Grant requirements

“(1) Applicability of planning requirements—The programming and expenditure of funds for projects under this section shall be consistent with the requirements of sections 134 and 135.

“(2) Determination of applicable modal requirements—If an eligible project that receives a grant under this section has a crossmodal component, the Administrator—

“(A) shall determine the predominant modal component of the project; and

“(B) may apply the applicable requirements of that predominant modal component to the project.

“(i) Report to the Administrator—For each project funded under this section, the project sponsor shall evaluate system performance and submit to the Administrator a report not later than 5, 10, and 20 years after completion of the project to assess whether the project outcomes have met preconstruction projections.

“(j) Congressional approval

“(1) Submission of application—Each eligible applicant shall submit to the Administrator an application in accordance with subsection (d)(2) at such time as the Administrator determines to meet the requirements of paragraph (2).

“(2) Submission to Congress of proposed projects

“(A) In general—By January 1 of each fiscal year, the Administrator shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a list of all of the projects that meet the requirements of this section.

“(B) Limitation—The list submitted under subparagraph (A) shall include a total requested grant amount at least 2 times, but not to exceed 4 times, the authorization level of the program in each fiscal year.

“(3) Committee review—Not later than 90 days after the date of the receipt of the submission under paragraph (2), each Committee described in subparagraph (A) of that paragraph shall—

“(A) select projects and determine the amounts to be awarded to each project, not to exceed the total authorization level of the program for each fiscal year; and

“(B) adopt a resolution making such determination.

“(4) Congressional approval—Projects shall be awarded on congressional adoption of a joint resolution based on the Committee action under paragraph (3).

“(5) Administrative approval

“(A) In general—The Administrator shall award grants to eligible projects in a fiscal year—

“(i) if Congress does not adopt a joint resolution under paragraph (4) by the date that is 90 days after the date on which the first Committee adopts a resolution under paragraph (3)(B); or

“(ii) if neither Committee acts in accordance with paragraph (3).

“(B) Timing—The Administrator shall award grants under subparagraph (A) not later than 90 days after the date on which the relevant event described in subparagraph (A) occurs.

“(k) Reports

“(1) In general—The Administrator shall make available on the website of the Federal Highway Administration at the end of each fiscal year an annual report that lists each project for which assistance has been provided under this section during that fiscal year.

“(2) Comptroller general

“(A) Assessment—The Comptroller General of the United States shall conduct an assessment of the establishment, solicitation, selection, and justification process with respect to the funding of projects under this section.

“(B) Report—Not later than 1 year after the initial awarding of funding under this section, the Comptroller General of the United States shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that describes—

“(i) the process by which each project was selected;

“(ii) the criteria used for the selection of each project; and

“(iii) the justification for the selection of each project based on the criteria described in subsection (e).”

“(a) Reservation of funds

“(1) In general—On October 1 of each fiscal year, the Secretary shall set aside from the amount determined for a State under section 104(c) an amount determined for the State under paragraphs (2) and (3).

“(2) Total amount—The total amount set aside for the program under this section shall be $850,000,000 for each fiscal year.

“(3) State share—The Secretary shall distribute among the States the total set-aside amount under paragraph (2) so that each State receives an amount equal to the proportion 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 MAP–21 (Public Law 112–141; 126 Stat. 405); 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.”

“(vii) a nonprofit entity responsible for the administration of local transportation safety programs; and”

“(A) In general—For funds reserved”

“(B) No restriction on suballocation—Nothing in this section prevents a metropolitan planning organization from further suballocating funds within the boundaries of the metropolitan planning area if a competitive process is implemented for the award of the suballocated funds.”

“(h) Annual reports

“(1) In general—Each State or metropolitan planning organization responsible for carrying out the requirements of this section shall submit to the Secretary an annual report that describes—

“(A) the number of project applications received for each fiscal year, including—

“(i) the aggregate cost of the projects for which applications are received; and

“(ii) the types of project to be carried out (as described in subsection (b)), expressed as percentages of the total apportionment of the State under subsection (a); and

“(B) the number of projects selected for funding for each fiscal year, including the aggregate cost and location of projects selected.

“(2) Public availability—The Secretary shall make available to the public, in a user-friendly format on the website of the Department, a copy of each annual report submitted under paragraph (1).

“(i) Expediting infrastructure projects

“(1) In general—Not later than 1 year after the date of enactment of this subsection, the Secretary shall develop regulations or guidance relating to the implementation of this section that encourages the use of the programmatic approaches to environmental reviews, expedited procurement techniques, and other best practices to facilitate productive and timely expenditure for projects that are small, low-impact, and constructed within an existing built environment.

“(2) State processes—The Secretary shall work with State departments of transportation to ensure that any regulation or guidance developed under paragraph (1) is consistently implemented by States and the Federal Highway Administration to avoid unnecessary delays in implementing projects and to ensure the effective use of Federal dollars.”

Section 1216(b) of the Transportation Equity Act for the 21st Century (Public Law 105–178; 112 Stat. 212) is amended—

“(E) An analysis showing how the State plan for implementing tolls on the facility takes into account the interests and use of local, regional, and interstate travelers.

“(F) An explanation of how the State will collect tolls using electronic toll collection, including at highway speeds, if practicable.

“(G) A plan describing the proposed location for the collection of tolls on the facility, including any locations in proximity to a State border.

“(H) Approved documentation that the project—

“(i) has received a categorical exclusion, a finding of no significant impact, or a record of decision under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); and

“(ii) complies with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. 4601 et seq.).”

“(5) Application processing procedure

“(A) In general—Not later than 60 days after receipt of an application under this subsection, the Secretary shall provide to the applicant a written notice informing the applicant whether—

“(i) the application is complete and meets all requirements under this subsection; or

“(ii) additional information or materials are needed—

“(I) to complete the application; or

“(II) to meet the eligibility requirements under paragraph (3).

“(B) Additional information or materials

“(i) In general—Not later than 60 days after receipt of an application, the Secretary shall—

“(I) identify any additional information or materials that are needed under subparagraph (A)(ii); and

“(II) provide to the applicant written notice specifying the details of the additional required information or materials.

“(ii) Amended application—Not later than 60 days after receipt of the additional information under clause (i), the Secretary shall determine if the amended application is complete and meets all requirements under this subsection.

“(C) Technical assistance—On the request of a State, the Secretary shall provide technical assistance to facilitate the development of a complete application under this paragraph that is likely to satisfy the eligibility criteria under paragraph (3).

“(D) Approval of application—On written notice by the Secretary that the application is complete and meets all requirements of this subsection, the project is considered approved and shall be permitted to participate in the program under this subsection.

“(E) Limitation on approved application

“(i) In general—For an application received under this subsection on or after the date of enactment of the DRIVE Act for the reconstruction or rehabilitation of a facility, a State shall—

“(I) not later than 1 year after the date on which the application is approved, issue a solicitation for a contract to provide for the reconstruction or rehabilitation of the facility; and

“(II) not later than 2 years after the date on which the application is approved, execute a contract for the reconstruction or rehabilitation of the facility.

“(ii) Prior applications—For an application that received a conditional provisional approval under this subsection before the date of enactment of the DRIVE Act, for the reconstruction or rehabilitation of a facility, a State shall—

“(I) not later than 1 year after the date of enactment of the DRIVE Act, issue a solicitation for a contract to provide for the reconstruction or rehabilitation of the facility; and

“(II) not later than 2 years after the date of enactment of the DRIVE Act, execute a contract for the reconstruction or rehabilitation of the facility.

“(iii) Cancellation or extension—If an applicable deadline under clause (i) or (ii) is not met, the Secretary shall—

“(I) cancel the application approval; or

“(II) grant an extension of not more than 1 year for the applicable deadline, on the condition that—

“(aa) there has been demonstrable progress toward meeting the applicable requirements; and

“(bb) the requirements are likely to be met within 1 year.

“(6) Limitation on the use of national highway performance program funds—During the term of the pilot program, funds apportioned for the national highway performance program under section 104(b)(1) of title 23, United States Code, may not be used for a facility for which tolls are being collected under the pilot program unless the funds are used for a maintenance purpose, as defined in section 101(a) of title 23, United States Code.”

“(7) Withdrawal—A State may elect to withdraw participation of the State in the pilot program at any time.”

Section 201(c) of title 23, United States Code, is amended—

“(i) In general—The Secretaries”

“(ii) Requirement—Data collected to implement the tribal transportation program shall be in accordance with the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450 et seq.).

“(iii) Inclusions—Data collected under this paragraph includes—”

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

“(8) Funding

“(A) In general—To carry out the 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 that term is defined in section 125(e)), the Secretary shall combine and use not greater than 5 percent for each fiscal year of the funds authorized for programs under sections 203 and 204.

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

“(i) bridge inspections on any federally owned bridge even if that bridge is not included on the inventory described under section 203; and

“(ii) transportation planning activities carried out by Federal land management agencies eligible for funding under this chapter.”

changed Section 1317 of MAP–21 MAP-21 (23 U.S.C. 109 note; Public Law 112–141) is amended—

“(a) In general—Not later than”

“(b) Inflationary adjustment—The dollar amounts described in subsection (a) shall be adjusted for inflation—

“(1) effective October 1, 2015, to reflect changes since July 1, 2012, in the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics of the Department of Labor; and

“(2) effective October 1, 2016, and each succeeding October 1, to reflect changes for the preceding 12-month period in the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics of the Department of Labor.”

“(e) Programmatic agreement template

“(1) In general—The Secretary shall develop a template programmatic agreement described in subsection (d) that provides for efficient and adequate procedures for evaluating Federal actions described in section 771.117(c) of title 23, Code of Federal Regulations (as in effect on the date of enactment of this subsection).

“(2) Use of template—The Secretary—

“(A) on receipt of a request from a State, shall use the template programmatic agreement developed under paragraph (1) in carrying out this section; and

“(B) on consent of the applicable State, may modify the template as necessary to address the unique needs and characteristics of the State.

“(3) Outcome measurements—The Secretary shall establish a method to verify that actions described in section 771.117(c) of title 23, Code of Federal Regulations (as in effect on the date of enactment of this subsection), are evaluated and documented in a consistent manner by the State that uses the template programmatic agreement under this subsection.”

“307. Adoption of Departmental environmental documents

“(a) In general—An operating administration or secretarial office within the Department may adopt any draft environmental impact statement, final environmental impact statement, environmental assessment, or any other document issued under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) by another operating administration or secretarial office within the Department—

“(1) without recirculating the document (except that a final environmental impact statement shall be recirculated prior to adoption); and

“(2) if the operating administration or secretarial office adopting the document certifies that the project is substantially the same as the project reviewed under the document to be adopted.

changed “(b) Cooperating agency—An adopting operating administration or secretarial office that was a cooperating agency and certifies that the project is substantially the same as the project reviewed under the document to be adopted and that the comments and suggestions in the document its comments and suggestions have been addressed may adopt a document described in subsection (a) without recirculating the document.”

“(c) Satisfaction of requirements for certain historic sites

“(1) In general—The Secretary shall—

changed “(A) ensure that the requirements of this section are consistent with align, to the maximum extent practicable, with the requirements of the National Environmental Policy Act of 1969 (42 U.S.C. 4231 et seq.) and section 306108 of title 54, including implementing regulations; and

“(B) not later than 90 days after the date of enactment of this subsection, coordinate with the Secretary of the Interior and the Executive Director of the Advisory Council on Historic Preservation (referred to in this subsection as the “Council”) to establish procedures to satisfy the requirements described in subparagraph (A) (including regulations).

“(2) Avoidance alternative analysis

changed “(A) In general—If, in an analysis required under the National Environmental Policy Act of 1969 (42 U.S.C. 4231 et seq.), the Secretary determines that there is no feasible or prudent alternative to avoid use of a an historic site, the Secretary may—

“(i) include the determination of the Secretary in the analysis required under that Act;

“(ii) provide a notice of the determination to—

“(I) each applicable State historic preservation officer and tribal historic preservation officer;

“(II) the Council, if the Council is participating in the consultation process under section 306108 of title 54; and

“(III) the Secretary of the Interior; and

“(iii) request from the applicable preservation officer, the Council, and the Secretary of the Interior a concurrence that the determination is sufficient to satisfy the requirement of subsection (a)(1).

changed “(B) Concurrence—If the applicable preservation officer, the Council, and the Secretary of the Interior each provide a concurrence requested under subparagraph (A)(iii)—

“(i) no further analysis under subsection (a)(1) shall be required;

“(ii) the Secretary shall include in the record of decision or finding of no significant impact a notice of a determination and each relevant concurrence to the determination under subparagraph (A); and

changed “(iii) not later than 3 days after the receipt by the Secretary of all concurrences requested under subparagraph (A)(iii), the Secretary shall post on an appropriate Federal website the determination and each relevant concurrence described in clause (ii).(ii). subparagraph (A)(iii), no further analysis under subsection (a)(1) shall be required.

added “(C) Publication—A notice of a determination, together with each relevant concurrence to that determination, under subparagraph (A) shall be—

added “(i) included in the record of decision or finding of no significant impact of the Secretary; and

added “(ii) posted on an appropriate Federal website by not later than 3 days after the date of receipt by the Secretary of all concurrences requested under subparagraph (A)(iii).

“(3) Aligning historical reviews

added “(A) In general—If the Secretary, the applicable preservation officer, the Council, and the Secretary of the Interior concur that there is no feasible and prudent alternative that no feasible and prudent alternative exists as described in paragraph (2), the Secretary may provide to the applicable preservation officer, the Council, and the Secretary of the Interior notice of the intent of the Secretary to satisfy the requirements of subsection (a)(2) through the consultation requirements of section 306108 of title 54.

removed “(A) In general—If the Secretary, the applicable preservation officer, the Council, and the Secretary of the Interior concur that there is no feasible and prudent alternative as described in paragraph (2), the Secretary may provide to the applicable preservation officer, the Council, and the Secretary of the Interior notice of the intent of the Secretary to satisfy the requirements of subsection (a)(2) through the consultation requirements of section 306108 of title 54.

“(B) Satisfaction of conditions—To satisfy the requirements of subsection (a)(2), each individual described in paragraph (2)(A)(ii) shall concur in the treatment of the applicable historic site described in the memorandum of agreement or programmatic agreement developed under section 306108 of title 54.”

“(e) Satisfaction of requirements for certain historic sites

“(1) In general—The Secretary shall—

changed “(A) ensure that the requirements of this section are consistent with align, to the maximum extent practicable, the requirements of this section with the requirements of the National Environmental Policy Act of 1969 (42 U.S.C. 4231 et seq.) and section 306108 of title 54, including implementing regulations; and

“(B) not later than 90 days after the date of enactment of this subsection, coordinate with the Secretary of the Interior and the Executive Director of the Advisory Council on Historic Preservation (referred to in this subsection as the “Council”) to establish procedures to satisfy the requirements described in subparagraph (A) (including regulations).

“(2) Avoidance alternative analysis

changed “(A) In general—If, in an analysis required under the National Environmental Policy Act of 1969 (42 U.S.C. 4231 et seq.), the Secretary determines that there is no feasible or prudent alternative to avoid use of a an historic site, the Secretary may—

“(i) include the determination of the Secretary in the analysis required under that Act;

“(ii) provide a notice of the determination to—

“(I) each applicable State historic preservation officer and tribal historic preservation officer;

“(II) the Council, if the Council is participating in the consultation process under section 306108 of title 54; and

“(III) the Secretary of the Interior; and

“(iii) request from the applicable preservation officer, the Council, and the Secretary of the Interior a concurrence that the determination is sufficient to satisfy the requirement of subsection (c)(1).

changed “(B) Concurrence—If the applicable preservation officer, the Council, and the Secretary of the Interior each provide a concurrence requested under subparagraph (A)(iii)—

“(i) no further analysis under subsection (c)(1) shall be required;

“(ii) the Secretary shall include in the record of decision or finding of no significant impact a notice of a determination and each relevant concurrence to the determination under subparagraph (A); and

changed “(iii) not later than 3 days after the receipt by the Secretary of all concurrences requested under subparagraph (A)(iii), the Secretary shall post on an appropriate Federal website the determination and each relevant concurrence described in clause (ii).(ii). subparagraph (A)(iii), no further analysis under subsection (a)(1) shall be required.

added “(C) Publication—A notice of a determination, together with each relevant concurrence to that determination, under subparagraph (A) shall be—

added “(i) included in the record of decision or finding of no significant impact of the Secretary; and

added “(ii) posted on an appropriate Federal website by not later than 3 days after the date of receipt by the Secretary of all concurrences requested under subparagraph (A)(iii).

“(3) Aligning historical reviews

added “(A) In general—If the Secretary, the applicable preservation officer, the Council, and the Secretary of the Interior concur that there is no feasible and prudent alternative that no feasible and prudent alternative exists as described in paragraph (2), the Secretary may provide to the applicable preservation officer, the Council, and the Secretary of the Interior notice of the intent of the Secretary to satisfy the requirements of subsection (c)(2) through the consultation requirements of section 306108 of title 54.

removed “(A) In general—If the Secretary, the applicable preservation officer, the Council, and the Secretary of the Interior concur that there is no feasible and prudent alternative as described in paragraph (2), the Secretary may provide to the applicable preservation officer, the Council, and the Secretary of the Interior notice of the intent of the Secretary to satisfy the requirements of subsection (c)(2) through the consultation requirements of section 306108 of title 54.

“(B) Satisfaction of conditions—To satisfy the requirements of subsection (c)(2), the applicable preservation officer, the Council, and the Secretary of the Interior shall concur in the treatment of the applicable historic site described in the memorandum of agreement or programmatic agreement developed under section 306108 of title 54.”

Section 1105 of the Intermodal Surface Transportation Efficiency Act of 1991 (105 Stat. 2031) is amended—

“(13) Raleigh-Norfolk Corridor from Raleigh, North Carolina, through Rocky Mount, Williamston and Elizabeth City, North Carolina, to Norfolk, Virginia.”

“(68) The Washoe County Corridor and the Intermountain West Corridor shall generally follow:

“(A) in the case of the Washoe County Corridor, along Interstate Route 580/United States Route 95/United States Route 95A, from Reno, Nevada, to Las Vegas, Nevada; and

“(B) in the case of the Intermountain West Corridor, from the vicinity of Las Vegas extending north along United States Route 95, terminating at Interstate Route 80.”

“(81) United States Route 117/Interstate Route 795 from United States Route 70 in Goldsboro, Wayne County, North Carolina, to Interstate Route 40 west of Faison, Sampson County, North Carolina.

“(82) United States Route 70 from its intersection with Interstate Route 40 in Garner, Wake County, North Carolina, to the Port at Morehead City, Carteret County, North Carolina.”

“(xx) accelerated mobile, highway-speed, bridge inspection methods that provide quantitative data-driven decisionmaking capabilities without requiring lane closures.”

changed “(i) use not less than 50 percent of the funds authorized to carry out this subsection to make grants to, and enter into cooperative agreements and contracts with, States, other Federal agencies, local governments, metropolitan planning organizations, institutions of higher education, private sector entities, and nonprofit organizations to carry out demonstration programs that will accelerate the deployment and adoption of transportation research activities;”

“(C) Innovation grants

“(i) In general—In carrying out the program established under subparagraph (B)(i), the Secretary shall establish a transparent competitive process in which entities described in subparagraph (B)(i) may submit an application to receive a grant under this subsection.

“(ii) Publication of application process—A description of the application process established by the Secretary shall—

“(I) be posted on a public website;

“(II) identify the information required to be included in the application; and

“(III) identify the criteria by which the Secretary shall select grant recipients.

“(iii) Submission of application—To receive a grant under this paragraph, an entity described in subparagraph (B)(i) shall submit an application to the Secretary.

“(iv) Selection and approval—The Secretary shall select and approve an application submitted under clause (iii) based on whether the project described in the application meets the goals of the program described in paragraph (1).”

Section 201(c)(6) of title 23, United States Code, is amended by adding at the end the following:

changed “(C) Tribal data collection—In addition to the data to be collected under subparagraph (A), not later than 90 days after the end of each fiscal year, any entity carrying out a project under the tribal transportation program under section 202 shall submit to the Secretary and the Secretary of the Interior, based on obligations and expenditures under the tribal transportation program during the preceding fiscal year, the following data:

“(i) The names of projects or activities carried out by the entity under the tribal transportation program during the preceding fiscal year.

“(ii) A description of the projects or activities identified under clause (i).

“(iii) The current status of the projects or activities identified under clause (i).

“(iv) An estimate of the number of jobs created and the number of jobs retained by the projects or activities identified under clause (i).”

“(D) the publication entitled “Highway Safety Manual” of the American Association of State Highway and Transportation Officials;

“(E) the publication entitled “Urban Street Design Guide” of the National Association of City Transportation Officials; and”

“14509. High-speed broadband deployment initiative

“(a) In general—The Appalachian Regional Commission may provide technical assistance, make grants, enter into contracts, or otherwise provide amounts to individuals or entities in the Appalachian region for projects and activities—

“(1) to increase affordable access to broadband networks throughout the Appalachian region;

“(2) to conduct research, analysis, and training to increase broadband adoption efforts in the Appalachian region;

“(3) to provide technology assets, including computers, smartboards, and video projectors to educational systems throughout the Appalachian region;

“(4) to increase distance learning opportunities throughout the Appalachian region;

“(5) to increase the use of telehealth technologies in the Appalachian region; and

“(6) to promote e-commerce applications in the Appalachian region.

“(b) Limitation on available amounts—Of the cost of any activity eligible for a grant under this section—

“(1) not more than 50 percent may be provided from amounts appropriated to carry out this section; and

“(2) notwithstanding paragraph (1)—

“(A) in the case of a project to be carried out in a county for which a distressed county designation is in effect under section 14526, not more than 80 percent may be provided from amounts appropriated to carry out this section; and

“(B) in the case of a project to be carried out in a county for which an at-risk designation is in effect under section 14526, not more than 70 percent may be provided from amounts appropriated to carry out this section.

“(c) Sources of assistance—Subject to subsection (b), a grant provided under this section may be provided from amounts made available to carry out this section in combination with amounts made available—

“(1) under any other Federal program; or

“(2) from any other source.

“(d) Federal share—Notwithstanding any provision of law limiting the Federal share under any other Federal program, amounts made available to carry out this section may be used to increase that Federal share, as the Appalachian Regional Commission determines to be appropriate.”

changed “(c) High-Speed High-speed broadband deployment initiative—Of the amounts made available under subsection (a), $10,000,000 shall be used to carry out section 14509 for each of fiscal years 2016 through 2021.”