H.R. 2 — what changed

Section 101 of title 23, United States Code, is amended—

“(1) Adaptation—The term adaptation means an adjustment in natural or human systems in anticipation of, or in response to, a changing environment in a way that moderates negative effects of extreme events or climate change.”

“(5) Climate change—The term climate change means any significant change in the measures of climate lasting for an extended period of time, and may include major changes in temperature, precipitation, wind patterns, or sea level, among others, that occur over several decades or longer.”

changed “(7) Context sensitive design principle—The principles—The term context sensitive design principle principles means a principle principles for the design of a public road that—

changed “(A) provides for the safe and adequate accommodation, in all phases of project planning, design, and development, of users of the transportation facility, facilities for users, including pedestrians, bicyclists, public transportation users, children, older individuals, individuals with disabilities, motorists, and freight vehicles; and

“(B) considers the context in which the facility is planned to be constructed to determine the appropriate facility design.”

“(9) Evacuation route—The term evacuation route means a transportation route or system that—

“(A) is used to transport—

“(i) the public away from an emergency event; or

“(ii) first responders and recovery resources in the event of an emergency; and

“(B) is identified, consistent with sections 134(i)(2)(I)(iii) and 135(f)(10)(C)(iii), by the eligible entity with jurisdiction over the area in which the route is located for the purposes described in subparagraph (A).”

changed “(15) Greenhouse gas—The term greenhouse gas has the meaning given the term in section 211(o)(1)(G) of the Clean Air Act (42 U.S.C. 21 7545(o)(1)(G)).”

“(22) Natural infrastructure

“(A) In general—The term natural infrastructure means infrastructure that uses, restores, or emulates natural ecological processes that—

“(i) is created through the action of natural physical, geological, biological, and chemical processes over time;

“(ii) is created by human design, engineering, and construction to emulate or act in concert with natural processes; or

“(iii) involves the use of plants, soils, and other natural features, including through the creation, restoration, or preservation of vegetated areas using materials appropriate to the region to manage stormwater and runoff, to attenuate flooding and storm surges, and for other related purposes.

“(B) Inclusion—The term natural infrastructure includes green infrastructure and nature-based solutions.”

“(27) Protective feature

“(A) In general—The term protective feature means an improvement to a highway or bridge designed to increase resilience or mitigate the risk of recurring damage or the cost of future repairs from climate change effects, extreme events, seismic activity, or any other natural disaster.

“(B) Inclusions—The term protective feature includes—

“(i) raising roadway grades;

“(ii) relocating roadways to higher ground above projected flood elevation levels or away from slide prone areas;

“(iii) stabilizing slide areas;

“(iv) stabilizing slopes;

“(v) lengthening or raising bridges to increase waterway openings;

“(vi) increasing the size or number of drainage structures;

“(vii) replacing culverts with bridges or upsizing culverts;

“(viii) installing seismic retrofits on bridges;

changed “(iv) adding scour protection at bridges;“(ix) scour, stream stability, coastal, and other hydraulic countermeasures; and

changed “(x) scour, stream stability, coastal, and other hydraulic countermeasures; andthe use of natural infrastructure.”

removed “(xi) the use of natural infrastructure.”

“(30) Repeatedly damaged facility—The term repeatedly damaged facility means a road, highway, or bridge that has required repair and reconstruction activities on 2 or more occasions due to natural disasters or catastrophic failures resulting in emergencies declared by the Governor of the State in which the road, highway, or bridge is located or emergencies or major disasters declared by the President under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.).

“(31) Resilience

“(A) In general—The term resilience means, with respect to a facility, the ability to—

“(i) anticipate, prepare for, or adapt to conditions; or

“(ii) withstand, respond to, or recover rapidly from disruptions.

“(B) Inclusions—Such term includes, with respect to a facility, the ability to—

“(i) resist hazards or withstand impacts from disruptions;

“(ii) reduce the magnitude, duration, or impact of a disruption; or

“(iii) have the absorptive capacity, adaptive capacity, and recoverability to decrease vulnerability to a disruption.”

“(39) Transportation system access—The term transportation system access means the ability to travel by automobile, public transportation, pedestrian, and bicycle networks, measured by travel time, taking into consideration—

changed “(A) the impacts of the level of travel stress for active travel; andnon-motorized users;

changed “(B) costs for low-income travelers.”travelers; and

added “(C) the extent to which transportation access is impacted by zoning policies and land use planning practices that effect the affordability, elasticity, and diversity of the housing supply.”

added “(45) Transportation demand management; TDM—The terms “transportation demand management” and “TDM” mean the use of strategies to inform and encourage travelers to maximize the efficiency of a transportation system leading to improved mobility, reduced congestion, and lower vehicle emissions.

added “(46) Transportation demand management strategies—The term “transportation demand management strategies” means the use of planning, programs, policy, marketing, communications, incentives, pricing, and technology to shift travel mode, routes used, departure times, number of trips, and location and design work space or public attractions.”

“(I) safety is the highest priority of the Department of Transportation, and the Secretary and States should take all actions necessary to meet the transportation needs of the 21st century for all road users;

“(J) climate change presents a significant risk to safety, the economy, and national security, and reducing the contributions of the transportation system to the Nation’s total carbon pollution is critical; and

“(K) the Secretary and States should take appropriate measures and ensure investments to increase the resilience of the Nation’s transportation system.”

“(A) $ 506,302,525 for fiscal year 2022;

“(B) $ 509,708,000 for fiscal year 2023;

“(C) $ 520,084,000 for fiscal year 2024; and

“(D) $ 530,459,000 for fiscal year 2025.”

“(b) Division among programs of State’s share of apportionment—The Secretary shall distribute the amount apportioned to a State for a fiscal year under subsection (c) among the covered programs as follows:

“(1) National highway performance program—For the national highway performance program, 55.09 percent of the amount remaining after distributing amounts under paragraphs (4), (6), and (7).

“(2) Surface transportation program—For the surface transportation program, 28.43 percent of the amount remaining after distributing amounts under paragraphs (4), (6), and (7).

“(3) Highway safety improvement program—For the highway safety improvement program, 6.19 percent of the amount remaining after distributing amounts under paragraphs (4), (6), and (7).

“(4) Congestion mitigation and air quality improvement program

“(A) In general—For the congestion mitigation and air quality improvement program, an amount determined for the State under subparagraphs (B) and (C).

“(B) Total amount—The total amount for the congestion mitigation and air quality improvement program for all States shall be—

“(i) $2,913,925,833 for fiscal year 2022;

“(ii) $2,964,919,535 for fiscal year 2023;

“(iii) $3,024,217,926 for fiscal year 2024; and

“(iv) $3,078,653,849 for fiscal year 2025.

“(C) State share—For each fiscal year, the Secretary shall distribute among the States the amount for the congestion mitigation and air quality improvement program under subparagraph (B) so that each State receives an amount equal to the proportion that—

“(i) the amount apportioned to the State for the congestion mitigation and air quality improvement program for fiscal year 2020; bears to

“(ii) the total amount of funds apportioned to all States for such program for fiscal year 2020.

“(5) National highway freight program—For the national highway freight program, 3.38 percent of the amount remaining after distributing amounts under paragraphs (4), (6), and (7).

“(6) Metropolitan planning

“(A) In general—For metropolitan planning, an amount determined for the State under subparagraphs (B) and (C).

“(B) Total amount—The total amount for metropolitan planning for all States shall be—

“(i) $507,500,000 for fiscal year 2022;

“(ii) $516,381,250 for fiscal year 2023;

“(iii) $526,708,875 for fiscal year 2024; and

“(iv) $536,189,635 for fiscal year 2025.

“(C) State share—For each fiscal year, the Secretary shall distribute among the States the amount for metropolitan planning under subparagraph (B) so that each State receives an amount equal to the proportion that—

“(i) the amount apportioned to the State for metropolitan planning for fiscal year 2020; bears to

“(ii) the total amount of funds apportioned to all States for metropolitan planning for fiscal year 2020.

“(7) Railway crossings

“(A) In general—For the railway crossings program, an amount determined for the State under subparagraphs (B) and (C).

“(B) Total amount—The total amount for the railway crossings program for all States shall be $245,000,000 for each of fiscal years 2022 through 2025.

“(C) State share

“(i) In general—For each fiscal year, the Secretary shall distribute among the States the amount for the railway crossings program under subparagraph (B) as follows:

“(I) 50 percent of the amount for a fiscal year shall be apportioned to States by the formula set forth in section 104(b)(3)(A) (as in effect on the day before the date of enactment of MAP–21).

“(II) 50 percent of the amount for a fiscal year shall be apportioned to States in the ratio that total public railway-highway crossings in each State bears to the total of such crossings in all States.

“(ii) Minimum apportionment—Notwithstanding clause (i), for each fiscal year, each State shall receive a minimum of one-half of 1 percent of the total amount for the railway crossings program for such fiscal year under subparagraph (B).

changed “(8) Pre-disaster Predisaster mitigation program—For the pre-disaster predisaster mitigation program, 2.96 percent of the amount remaining after distributing amounts under paragraphs (4), (6), and (7).

“(9) Carbon pollution reduction program—For the carbon pollution reduction program, 3.95 percent of the amount remaining after distributing amounts under paragraphs (4), (6), and (7).

“(c) Calculation of amounts

“(1) State share—For each of fiscal years 2022 through 2025, the amount for each State shall be determined as follows:

“(A) Initial amounts—The initial amounts for each State shall be determined by multiplying—

“(i) the combined amount authorized for appropriation for the fiscal year for the covered programs; by

“(ii) 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 2020; bears to

“(II) the amount of those apportionments received by all States for fiscal year 2020.

“(B) Adjustments to amounts—The initial amounts resulting from the calculation under subparagraph (A) shall be adjusted to ensure that each State receives an aggregate apportionment equal to at least 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.

“(2) State apportionment—On October 1 of fiscal years 2022 through 2025, the Secretary shall apportion the sums authorized to be appropriated for expenditure on the covered programs in accordance with paragraph (1).”

“(h) Definition of covered programs—In this section, the term covered programs means—

“(1) the national highway performance program under section 119;

“(2) the surface transportation program under section 133;

“(3) the highway safety improvement program under section 148;

“(4) the congestion mitigation and air quality improvement program under section 149;

“(5) the national highway freight program under section 167;

“(6) metropolitan planning under section 134;

changed “(7) the railway crossings program under section 130(e);130;

“(8) the predisaster mitigation program under section 124; and

“(9) the carbon pollution reduction program under section 171.”

Section 105 of title 23, United States Code, is amended—

“(4) Special rule

“(A) Adjustment—In making an adjustment under paragraph (1) for an allocation, reservation, or set-aside from an amount authorized from the Highway Account or Mass Transit Account described in subparagraph (B), the Secretary shall—

“(i) determine the ratio that—

“(I) the amount authorized to be appropriated for the allocation, reservation, or set-aside from the account for the fiscal year; bears to

“(II) the total amount authorized to be appropriated for such fiscal year for all programs under such account;

“(ii) multiply the ratio determined under clause (i) by the amount of the adjustment determined under subsection (b)(1)(B); and

“(iii) adjust the amount that the Secretary would have allocated for the allocation, reservation, or set-aside for such fiscal year but for this section by the amount calculated under clause (ii).

“(B) Allocations, reservations, and set-asides—The allocations, reservations, and set-asides described in this subparagraph are—

“(i) from the amount made available for a fiscal year for the Federal lands transportation program under section 203, the amounts allocated for a fiscal year for the National Park Service, the United States Fish and Wildlife Service, and the United States Forest Service;

“(ii) the amount made available for the Puerto Rico highway program under section 165(a)(1); and

“(iii) the amount made available for the territorial highway program under section 165(a)(2).”

“(g) Highway Trust Fund transparency and accountability reports

“(1) Requirement

“(A) In general—The Secretary shall compile data in accordance with this subsection on the use of Federal-aid highway funds made available under this title.

“(B) User friendly data—The data compiled under subparagraph (A) shall be in a user friendly format that can be searched, downloaded, disaggregated, and filtered by data category.

“(2) Project data

“(A) In general—Not later than 120 days after the end of each fiscal year, the Secretary shall make available on the website of the Department of Transportation a report that describes—

“(i) the location of each active project within each State during such fiscal year, including in which congressional district or districts such project is located;

“(ii) the total cost of such project;

“(iii) the amount of Federal funding obligated for such project;

“(iv) the program or programs from which Federal funds have been obligated for such project;

“(v) whether such project is located in an area of the State with a population of—

“(I) less than 5,000 individuals;

“(II) 5,000 or more individuals but less than 50,000 individuals;

“(III) 50,000 or more individuals but less than 200,000 individuals; or

“(IV) 200,000 or more individuals;

changed “(vi) the type of improvement being made by such project, including categorizing whether such project as—is located in an area of persistent poverty, as defined in section 172(l);

added “(vii) the type of improvement being made by such project, including categorizing such project as—

“(I) a road reconstruction project;

“(II) a new road construction project;

“(III) a new bridge construction project;

“(IV) a bridge rehabilitation project; or

removed “(V) a bridge replacement project;

changed “(vii) the functional classification of the roadway on which such project is located; “(V) a bridge replacement project; and

changed “(viii) available information on the estimated cost of such project as of the start functional classification of project construction, or the revised cost estimate based roadway on a description of revisions to the scope of work or other factors affecting which such project cost other than cost overruns.is located.

“(B) Interactive map—In addition to the data made available under subparagraph (A), the Secretary shall make available on the website of the Department of Transportation an interactive map that displays, for each active project, the information described in clauses (i) through (v) of subparagraph (A).

“(3) State data

changed “(A) Apportioned and allocated programs—The website described in paragraph (2)(A) shall be updated annually to display the Federal-aid highway funds apportioned and allocated to each State under this title, including—

changed “(i) the amount of funding available for obligation by the State State, including prior unobligated balances, at the start of the fiscal year;

“(ii) the amount of funding obligated by the State during such fiscal year;

changed “(ii) “(iii) the amount of funding remaining available for obligation by the State at the end of such fiscal year; and

changed “(iii) “(iv) changes in the obligated, unexpended balance for the State;State.

“(B) Programmatic data—The data described in subparagraph (A) shall include—

“(i) the amount of funding by each apportioned and allocated program for which the State received funding under this title;

“(ii) the amount of funding transferred between programs by the State during the fiscal year using the authority provided under section 126; and

“(iii) the amount and program category of Federal funds exchanged as described in section 106(g)(6).

“(4) Definitions—In this subsection:

“(A) Active project

“(i) In general—The term active project means a Federal-aid highway project using funds made available under this title on which those funds were obligated or expended during the fiscal year for which the estimated total cost as of the start of construction is greater than $5,000,000.

“(ii) Exclusion—The term active project does not include any project for which funds are transferred to agencies other than the Federal Highway Administration.

changed “(B) Interactive map—The term interactive map means a map displayed on the public website of the Department of Transportation that allows a user to select and view information for each active project, State, and Congressional congressional district.

“(C) State—The term State means any of the 50 States or the District of Columbia.”

“(B) Assistance to States—The Secretary shall—

“(i) develop criteria for States to use to make the determination required under subparagraph (A); and

“(ii) provide training, guidance, and other assistance to States and subrecipients as needed to ensure that projects administered by subrecipients comply with the requirements of this title.

“(C) Periodic review—The Secretary shall review, not less frequently than every 2 years, the monitoring of subrecipients by the States.”

“(6) Federal funding exchange programs—A State may implement a program under which a subrecipient has the option to exchange Federal funds allocated to such subrecipient in accordance with the requirements of this title for State or local funds if the State certifies to the Secretary that the State has prevailing wage and domestic content requirements that are comparable to the requirements under sections 113 and 313 and that such requirements shall apply to projects carried out using such funds if such projects would have been subject to the requirements of sections 113 and 313 if such projects were carried out using Federal funds.”

“(k) Megaprojects

“(1) Comprehensive risk management plan—To be authorized for the construction of a megaproject, the recipient of Federal financial assistance under this title for such megaproject shall submit to the Secretary a comprehensive risk management plan that contains—

“(A) a description of the process by which the recipient will identify, quantify, and monitor the risks, including natural hazards, that might result in cost overruns, project delays, reduced construction quality, or reductions in benefits with respect to the megaproject;

“(B) examples of mechanisms the recipient will use to track risks identified pursuant to subparagraph (A);

“(C) a plan to control such risks; and

“(D) such assurances as the Secretary determines appropriate that the recipient shall, with respect to the megaproject—

“(i) regularly submit to the Secretary updated cost estimates; and

“(ii) maintain and regularly reassess financial reserves for addressing known and unknown risks.

“(2) Peer review group

“(A) In general—Not later than 90 days after the date on which a megaproject is authorized for construction, the recipient of Federal financial assistance under this title for such megaproject shall establish a peer review group for such megaproject that consists of at least 5 individuals (including at least 1 individual with project management experience) to give expert advice on the scientific, technical, and project management aspects of the megaproject.

“(B) Membership

“(i) In general—Not later than 180 days after the date of enactment of this subsection, the Secretary shall establish guidelines describing how a recipient described in subparagraph (A) shall—

“(I) recruit and select members for a peer review group established under such subparagraph; and

“(II) make publicly available the criteria for such selection and identify the members so selected.

“(ii) Conflict of interest—No member of a peer review group for a megaproject may have a direct or indirect financial interest in such megaproject.

“(C) Tasks—A peer review group established under subparagraph (A) by a recipient of Federal financial assistance for a megaproject shall—

“(i) meet annually until completion of the megaproject;

“(ii) not later than 90 days after the date of the establishment of the peer review group and not later than 90 days after the date of any significant change, as determined by the Secretary, to the scope, schedule, or budget of the megaproject, review the scope, schedule, and budget of the megaproject, including planning, engineering, financing, and any other elements determined appropriate by the Secretary; and

“(iii) submit to the Secretary, Congress, and such recipient a report on the findings of each review under clause (ii).

“(3) Transparency—Not later than 90 days after the submission of a report under paragraph (2)(C)(iii), the Secretary shall publish on the website of the Department of Transportation such report.

“(4) Megaproject defined—In this subsection, the term megaproject means a project under this title that has an estimated total cost of $2,000,000,000 or more, and such other projects as may be identified by the Secretary.

“(l) Special experimental projects

changed “(1) Public availability—The Secretary shall publish on the website of the Department of Transportation a copy of all letters of interest, proposals, workplans, and reports related to the special experimental project authority pursuant to section 502(b).502(b). The Secretary shall redact confidential business information, as necessary, from any such information published.

“(2) Notification and opportunity for comment—Not later than 30 days before making a determination to proceed with an experiment under a letter of interest described in paragraph (1), the Secretary shall provide notification and an opportunity for public comment on the letter of interest and the Secretary’s proposed response.

“(3) Report to Congress—Not later than 2 years after the date of enactment of the INVEST in America Act, the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a report that includes—

“(A) a summary of each experiment described in this subsection carried out over the previous 5 years; and

changed “(B) legislative recommendations recommendations, if any, based on the findings of such experiments.

“(m) Competitive grant program oversight and accountability

“(1) In general—To ensure the accountability and oversight of the discretionary grant selection process administered by the Secretary, a covered program shall be subject to the requirements of this section, in addition to the requirements applicable to each covered program.

“(2) Application process—The Secretary shall—

“(A) develop a template for applicants to use to summarize—

“(i) project needs and benefits; and

“(ii) any factors, requirements, or considerations established for the applicable covered program;

“(B) create a data driven process to evaluate, as set forth in the covered program, each eligible project for which an application is received; and

“(C) make a determination, based on the evaluation made pursuant to subparagraph (B), on any ratings, rankings, scores, or similar metrics for applications made to the covered program.

changed “(3) Notification of congress—Not less than 30 15 days before making a grant for a covered program, the Secretary shall notify, in writing, the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on the Environment and Public Works of the Senate of—

changed “(A) the amount for each award project proposed to be selected;

“(B) a description of the review process;

“(C) for each application, the determination made under paragraph (2)(C); and

“(D) a detailed explanation of the basis for each award proposed to be selected.

“(4) Notification of applicants—Not later than 30 days after making a grant for a project under a covered program, the Secretary shall send to all applicants under such covered program, and publish on the website of the Department of Transportation—

“(A) a summary of each application made to the covered program for the given round of funding; and

“(B) the evaluation and justification for the project selection, including all ratings, rankings, scores, or similar metrics for applications made to the covered program for the given round of funding during each phase of the grant selection process.

“(5) Briefing—The Secretary shall provide, at the request of a grant applicant of a covered program, the opportunity to receive a briefing to explain any reasons the grant applicant was not awarded a grant.

“(6) Template—The Secretary shall, to the extent practicable, develop a template as described in paragraph (2)(A) for any discretionary program administered by the Secretary that is not a covered program.

“(7) Covered program defined—The term covered program means each of the following discretionary grant programs:

“(A) Community climate innovation grants under section 172.

“(B) Electric vehicle charging and hydrogen fueling infrastructure grants under section 151(f).

“(C) Federal lands and tribal major projects grants under section 208.

“(D) Safe, efficient mobility through advanced technologies grants under section 503(c)(4).”

“(E) context sensitive design principles.”

“(o) Compliance with State laws for non-NHS projects

“(1) In general—Projects (other than highway projects on the National Highway System) shall—

“(A) be designed, constructed, operated, and maintained in accordance with State laws, regulations, directives, safety standards, design standards, and construction standards; and

“(B) take into consideration context sensitive design principles.

“(2) Design flexibility

“(A) In general—A local jurisdiction may deviate from the roadway design publication used by the State in which the local jurisdiction is located for the design of a project on a roadway (other than a highway on the National Highway System) if—

“(i) the deviation is approved by the Secretary; and

“(ii) the design complies with all other applicable Federal laws.

“(B) State-owned roads—In the case of a roadway under the ownership of the State, the local jurisdiction may only deviate from the roadway design publication used by the State with the concurrence of the State.

“(C) Programmatic basis—The Secretary may approve a deviation under this paragraph on a project, multiple project, or programmatic basis.”

“(s) Context sensitive design

changed “(1) Context sensitive design standards—The principles—The Secretary shall collaborate with the American Association of State Highway Transportation Officials to ensure that any roadway design publications approved by the Secretary under this section provides provide adequate flexibility for a project sponsor to select the appropriate design of a roadway, consistent with context sensitive design principles.

“(2) Policies or procedures

“(A) In general—Not later than 1 year after the Secretary publishes the final guidance described in paragraph (3), each State shall adopt policies or procedures to evaluate the context of a proposed roadway and select the appropriate design, consistent with context sensitive design principles.

“(B) Local governments—The Secretary and States shall encourage local governments to adopt policies or procedures described under subparagraph (A).

“(C) Considerations—The policies or procedures developed under this paragraph shall take into consideration the guidance developed by the Secretary under paragraph (3).

“(3) Guidance

“(A) In general

“(i) Notice—Not later than 1 year after the date of enactment of this subsection, the Secretary shall publish guidance on the official website of the Department of Transportation on context sensitive design.

“(ii) Public review and comment—The guidance described in this paragraph shall be finalized following an opportunity for public review and comment.

“(iii) Update—The Secretary shall periodically update the guidance described in this paragraph, including the model policies or procedures described under subparagraph (B)(v).

“(B) Requirements—The guidance described in this paragraph shall—

changed “(i) provide best practices for States, metropolitan planning organizations, regional transportation planning organizations, local governments governments, or other project sponsors to carry out context sensitive design principles;

“(ii) identify opportunities to modify planning, scoping, design, and development procedures to more effectively combine modes of transportation into integrated facilities that meet the needs of each of such modes of transportation in an appropriate balance;

“(iii) identify metrics to assess the context of the facility, including surrounding land use or roadside characteristics;

“(iv) assess the expected operational and safety performance of alternative approaches to facility design; and

“(v) taking into consideration the findings of this guidance, establish model policies or procedures for a State or other project sponsor to evaluate the context of a proposed facility and select the appropriate facility design for the context.

“(C) Topics of emphasis—In publishing the guidance described in this paragraph, the Secretary shall emphasize—

“(i) procedures for identifying the needs of users of all ages and abilities of a particular roadway;

changed “(ii) procedures for identifying the types and designs of facilities needed to serve each class various modes of users;transportation;

“(iii) safety and other benefits provided by carrying out context sensitive design principles;

“(iv) common barriers to carrying out context sensitive design principles;

“(v) procedures for overcoming the most common barriers to carrying out context sensitive design principles;

“(vi) procedures for identifying the costs associated with carrying out context sensitive design principles;

“(vii) procedures for maximizing local cooperation in the introduction of context sensitive design principles and carrying out those principles; and

“(viii) procedures for assessing and modifying the facilities and operational characteristics of existing roadways to improve consistency with context sensitive design principles.

“(4) Funding—Amounts made available under sections 104(b)(6) and 505 of this title may be used for States, local governments, metropolitan planning organizations, or regional transportation planning organizations to adopt policies or procedures to evaluate the context of a proposed roadway and select the appropriate design, consistent with context sensitive design principles.”

changed “(i) prefabricated bridge elements and systems, innovative materials, and other technologies to reduce bridge construction time, extend service life, and reduce preservation costs, as compared to conventionally designed and constructed bridges;”bridges;

added “(ii) innovative construction equipment, materials, techniques, or practices, including the use of in-place recycling technology, digital 3-dimensional modeling technologies, and advanced digital construction management systems;”

“(vi) innovative pavement materials that demonstrate reductions in greenhouse gas emissions through sequestration or innovative manufacturing processes; or”

Section 126(b) of title 23, United States Code, is amended—

changed “(2) Environmental programs—With respect to an apportionment under either paragraph (4) or paragraph (9) of section 104(b), and notwithstanding subsection (a), paragraph (1), a State may only transfer not more than 50 percent from the amount of the apportionment of either such paragraph to the apportionment under the other such paragraph in a fiscal year.”

“(1) In general

changed “(A) Authorization for Federal participation—Subject Authorization—Subject to the provisions of this section, Federal participation shall be permitted on the same basis and in the same manner as construction of toll-free highways is permitted under this chapter in the—

“(i) initial construction of a toll highway, bridge, or tunnel or approach to the highway, bridge, or tunnel;

“(ii) initial construction of 1 or more lanes or other improvements that increase capacity of a highway, bridge, or tunnel (other than a highway on the Interstate System) and conversion of that highway, bridge, or tunnel to a tolled facility, if the number of toll-free lanes, excluding auxiliary lanes, after the construction is not less than the number of toll-free lanes, excluding auxiliary lanes, before the construction;

“(iii) initial construction of 1 or more lanes or other improvements that increase the capacity of a highway, bridge, or tunnel on the Interstate System and conversion of that highway, bridge, or tunnel to a tolled facility, if the number of toll-free non-HOV lanes, excluding auxiliary lanes, after such construction is not less than the number of toll-free non-HOV lanes, excluding auxiliary lanes, before such construction;

“(iv) reconstruction, resurfacing, restoration, rehabilitation, or replacement of a toll highway, bridge, or tunnel or approach to the highway, bridge, or tunnel;

“(v) reconstruction or replacement of a toll-free bridge or tunnel and conversion of the bridge or tunnel to a toll facility;

“(vi) reconstruction of a toll-free Federal-aid highway (other than a highway on the Interstate System) and conversion of the highway to a toll facility;

“(vii) reconstruction, restoration, or rehabilitation of a highway on the Interstate System if the number of toll-free non-HOV lanes, excluding auxiliary lanes, after reconstruction, restoration, or rehabilitation is not less than the number of toll-free non-HOV lanes, excluding auxiliary lanes, before reconstruction, restoration, or rehabilitation;

“(viii) conversion of a high occupancy vehicle lane on a highway, bridge, or tunnel to a toll facility, subject to the requirements of section 166; and

changed “(iv) “(ix) preliminary studies to determine the feasibility of a toll facility for which Federal participation is authorized under this paragraph.

“(B) Agreement to toll

changed “(i) In general—Before the Secretary may authorize tolling as described in under this paragraph, subsection, the public authority with jurisdiction over a highway, bridge, or tunnel shall enter into an agreement with the Secretary to ensure compliance with the requirements of this subsection.

“(ii) Applicability

changed “(I) In general—The provisions requirements of this paragraph subparagraph shall apply to—

“(aa) Federal participation under subparagraph (A);

“(bb) any prior Federal participation in the facility proposed to be tolled; and

“(cc) conversion, with or without Federal participation, of a non-tolled lane on the National Highway System to a toll facility under subparagraph (E).

“(II) HOV facility—Except as otherwise provided in this subsection or section 166, the provisions of this paragraph shall not apply to a high occupancy vehicle facility.

“(iii) Major Federal action—Approval by the Secretary of an agreement to toll under this paragraph shall be considered a major Federal action under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).

changed “(C) Agreement conditions—Prior to entering into an agreement to toll under this subsection, subparagraph (B), the public authority shall certify to the Secretary that—

“(i) the public authority has established procedures to ensure the toll meets the purposes and requirements of this subsection;

“(ii) the facility shall provide for access at no cost to public transportation vehicles and over-the-road buses serving the public; and

“(iii) the facility shall provide for the regional interoperability of electronic toll collection, including through technologies or business practices.

“(D) Consideration of impacts

changed “(i) In general—Prior to entering into an agreement to toll under this section, subparagraph (B), the Secretary shall ensure the public authority has adequately considered, including by providing an opportunity for public comment, the following factors within the corridor:

“(I) Congestion impacts on both the toll facility and in the corridor or cordon (including adjacent toll-free facilities).

“(II) In the case of a non-attainment or maintenance area, air quality impacts.

“(III) Planned investments to improve public transportation or other non-tolled alternatives in the corridor.

“(IV) Environmental justice and equity impacts.

“(V) Impacts on freight movement.

“(VI) Economic impacts on businesses.

“(ii) Consideration in environmental review—Nothing in this subparagraph shall limit a public authority from meeting the requirements of this subparagraph through the environmental review process, as applicable.

“(E) Congestion pricing

changed “(i) In general—The Secretary may authorize conversion of a non-tolled lane on the National Highway System to a toll facility to utilize variable pricing to manage the demand to use the facility by varying the toll amount that is charged.

“(ii) Requirement—Prior to entering into an agreement to convert a non-tolled lane on the National Highway System to a toll facility, the Secretary shall ensure (in addition to the requirements under subparagraphs (B), (C), and (D)) that such toll facility and the planned investments to improve public transportation or other non-tolled alternatives in the corridor are reasonably expected to improve the operation of the cordon or corridor, as described in clauses (iii) and (iv).

“(iii) Performance monitoring—A public authority that enters into an agreement to convert a non-tolled lane to a toll facility under this subparagraph shall—

“(I) establish, monitor, and support a performance monitoring, evaluation, and reporting program—

“(aa) for the toll facility that provides for continuous monitoring, assessment, and reporting on the impacts that the pricing structure may have on the operation of the facility; and

“(bb) for the corridor or cordon that provides for continuous monitoring, assessment, and reporting on the impacts of congestion pricing on the operation of the corridor or cordon;

“(II) submit to the Secretary annual reports of the impacts described in subclause (I); and

“(III) if the facility or the corridor or cordon becomes degraded, as described in clause (iv), submit to the Secretary an annual update that describes the actions proposed to bring the toll facility into compliance and the progress made on such actions.

“(iv) Determination

changed “(I) Degraded operation—For purposes of clause (iii)(III), the operation of a toll facility shall be considered to be degraded if vehicles operating on the facility are failing to maintain a minimum average operating speed 90 percent of the time over a consecutive 180-day period during morning or evening weekday peak hour periods (or both).periods.

“(II) Degraded corridor or cordon—For the purposes of clause (iii)(III), a corridor or cordon shall be considered to be degraded if congestion pricing or investments to improve public transportation or other non-tolled alternatives have not resulted in—

changed “(aa) an increase in person or freight throughput in the corridor or cordon; andor

“(bb) a reduction in person hours of delay in the corridor or cordon, as determined by the Secretary.

“(III) Definition of minimum average operating speed—In this subparagraph, the term minimum average operating speed means—

changed “(aa) 45 35 miles per hour, in the case of a toll facility with a speed limit of 50 45 miles per hour or greater; and

“(bb) not more than 10 miles per hour below the speed limit, in the case of a toll facility with a speed limit of less than 50 miles per hour.

“(v) Maintenance of operating performance

“(I) In general—Not later than 180 days after the date on which a facility or a corridor or cordon becomes degraded under clause (iv), the public authority with jurisdiction over the facility shall submit to the Secretary for approval a plan that details the actions the public authority will take to make significant progress toward bringing the facility or corridor or cordon into compliance with this subparagraph.

“(II) Notice of approval or disapproval—Not later than 60 days after the date of receipt of a plan under subclause (I), the Secretary shall provide to the public authority a written notice indicating whether the Secretary has approved or disapproved the plan based on a determination of whether the implementation of the plan will make significant progress toward bringing the facility or corridor or cordon into compliance with this subparagraph.

changed “(III) Update—Until the date on which the Secretary determines that the public authority has brought the facility or corridor or cordon into compliance with this subparagraph, the public authority shall submit annual updates that describe—

“(aa) the actions taken to bring the facility into compliance;

“(bb) the actions taken to bring the corridor or cordon into compliance; and

“(cc) the progress made by those actions.

“(IV) Compliance—If a public authority fails to bring a facility into compliance under this subparagraph, the Secretary may subject the public authority to appropriate program sanctions under section 1.36 of title 23, Code of Federal Regulations (or successor regulations), until the performance is no longer degraded.

“(vi) Consultation of MPO—If a toll facility authorized under this subparagraph is located on the National Highway System and in a metropolitan planning area established in accordance with section 134, the public authority shall consult with the metropolitan planning organization for the area.

“(vii) Inclusion—For the purposes of this paragraph, the corridor or cordon shall include toll-free facilities that are adjacent to the toll facility.”

“(v) any project eligible under this title or chapter 53 of title 49 that improves the operation of the corridor or cordon by increasing person or freight throughput and reducing person hours of delay;

“(vi) toll discounts or rebates for users of the toll facility that have no reasonable alternative transportation method to the toll facility; and

“(vii) if the public authority certifies annually that the tolled facility is being adequately maintained and the cordon or corridor is not degraded under paragraph (1)(E), any revenues remaining after funding the activities described in clauses (i) through (vi) shall be considered surplus revenue and may be used for any other purpose for which Federal funds may be obligated by a State under this title or chapter 53 of title 49.”

“(B) Transparency

“(i) Annual audit

“(I) In general—A public authority with jurisdiction over a toll facility shall conduct or have an independent auditor conduct an annual audit of toll facility records to verify adequate maintenance and compliance with subparagraph (A), and report the results of the audits to the Secretary.

“(II) Records—On reasonable notice, the public authority shall make all records of the public authority pertaining to the toll facility available for audit by the Secretary.

changed “(ii) Surplus Use of revenues—A State or public authority that obligates amounts under clauses (v), (vi), or (vii) of subparagraph (A) shall annually report to the Secretary a list of activities funded with such amounts and the amount of funding provided for each such activity.”

“(10) Interoperability of electronic toll collection—All toll facilities on Federal-aid highways shall provide for the regional interoperability of electronic toll collection, including through technologies or business practices.

“(11) Noncompliance—If the Secretary concludes that a public authority has not complied with the requirements of this subsection, the Secretary may require the public authority to discontinue collecting tolls until the public authority and the Secretary enter into an agreement for the public authority to achieve compliance with such requirements.

“(12) Definitions—In this subsection, the following definitions apply:

“(A) Federal participation—The term Federal participation means the use of funds made available under this title.

“(B) High occupancy vehicle; HOV—The term high occupancy vehicle or HOV means a vehicle with not fewer than 2 occupants.

“(C) Initial construction

“(i) In general—The term initial construction means the construction of a highway, bridge, tunnel, or other facility at any time before it is open to traffic.

“(ii) Exclusions—The term initial construction does not include any improvement to a highway, bridge, tunnel, or other facility after it is open to traffic.

“(D) Over-the-road bus—The term over-the-road bus has the meaning given the term in section 301 of the Americans with Disabilities Act of 1990 (42 U.S.C. 12181).

“(E) Public authority—The term public authority means a State, interstate compact of States, or public entity designated by a State.

“(F) Public transportation vehicle—The term public transportation vehicle has the meaning given that term in section 166.

“(G) Toll facility—The term toll facility means a toll highway, bridge, or tunnel or approach to the highway, bridge, or tunnel constructed or authorized to be tolled under this subsection.”

“(9) Sunset—The Secretary may not consider an expression of interest submitted under this section after the date of enactment of this paragraph.”

Section 166 of title 23, United States Code, is amended—

“(3) not later than 180 days after the date of enactment of the INVEST in America Act, update the requirements established under paragraph (1).”

“(h) Waiver procedure

“(1) In general—Not later than 120 days after the submission of a request for a waiver, the Secretary shall make a determination under paragraph (1) or (2) of subsection (b) as to whether subsection (a) shall apply.

“(2) Public notification and comment

“(A) In general—Not later than 30 days before making a determination regarding a waiver described in paragraph (1), the Secretary shall provide notification and an opportunity for public comment on the request for such waiver.

“(B) Notification requirements—The notification required under subparagraph (A) shall—

“(i) describe whether the application is being made for a determination described in subsection (b)(1); and

“(ii) be provided to the public by electronic means, including on the public website of the Department of Transportation.

“(3) Determination—Before a determination described in paragraph (1) takes effect, the Secretary shall publish a detailed justification for such determination that addresses all public comments received under paragraph (2)—

“(A) on the public website of the Department of Transportation; and

“(B) if the Secretary issues a waiver with respect to such determination, in the Federal Register.

“(i) Review of nationwide waivers

“(1) In general—Not later than 1 year after the date of enactment of this subsection, and at least every 5 years thereafter, the Secretary shall review any standing nationwide waiver issued by the Secretary under this section to ensure such waiver remains justified.

“(2) Public notification and opportunity for comment

“(A) In general—Not later than 30 days before the completion of a review under paragraph (1), the Secretary shall provide notification and an opportunity for public comment on such review.

“(B) Means of notification—Notification provided under this subparagraph shall be provided by electronic means, including on the public website of the Department of Transportation.

“(3) Detailed justification in Federal Register—After the completion of a review under paragraph (1), the Secretary shall publish in the Federal Register a detailed justification for the determination made under paragraph (1) that addresses all public comments received under paragraph (2).

“(j) Report—Not later than 120 days after the last day of each fiscal year, the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives, the Committee on Appropriations of the House of Representatives, the Committee on Environment and Public Works of the Senate, and the Committee on Appropriations of the Senate a report on the waivers provided under subsection (h) during the previous fiscal year and the justifications for such waivers.”

Section 119 of title 23, United States Code, is amended—

“(b) Purposes—The purposes of the national highway performance program shall be—

changed “(1) to provide support for the condition and performance of Federal-aid highways and bridges on the National Highway System, consistent with the asset management plans of States;

“(2) to support progress toward the achievement of performance targets of States established under section 150;

“(3) to increase the resilience of Federal-aid highways and bridges; and

“(4) to provide support for the construction of new facilities on the National Highway System, consistent with subsection (d)(3).”

“(Q) Projects on or off the National Highway System to reduce greenhouse gas emissions that are eligible under section 171, including the installation of electric vehicle charging infrastructure.

“(R) Projects on or off the National Highway System to enhance resilience of a transportation facility, including protective features.

“(S) Projects and strategies to reduce vehicle-caused wildlife mortality related to, or to restore and maintain connectivity among terrestrial or aquatic habitats affected by, a transportation facility otherwise eligible for assistance under this section.

changed “(T) Projects on or off the National Highway System to improve an evacuation route eligible under section 124(b)(1)(C); and”124(b)(1)(C).

added “(U) Undergrounding public utilities in the course of other infrastructure improvements eligible under this section to mitigate the cost of recurring damages from extreme weather events, wildfire or other natural disasters.”

“(3) a project that is otherwise eligible under this subsection to construct new capacity for single occupancy passenger vehicles only if the State—

changed “(A) has demonstrated progress in achieving a state of good repair repair, as defined in the State’s asset management plan, on the National Highway System; andSystem;

“(B) demonstrates that the project—

“(i) supports the achievement of performance targets of the State established under section 150; and

“(ii) is more cost effective, as determined by benefit-cost analysis, than—

“(I) an operational improvement to the facility or corridor;

“(II) the construction of a transit project eligible for assistance under chapter 53 of title 49; or

changed “(III) the construction of a non-single occupancy passenger vehicle project that improves freight movement.”movement; and

added “(C) has a public plan for maintaining and operating the new asset while continuing its progress in achieving a state of good repair under subparagraph (A).”

added “(k) Benefit-cost analysis—In carrying out subsection (d)(3)(B)(ii), the Secretary shall establish a process for analyzing the cost and benefits of projects under such subsection, ensuring that—

added “(1) the benefit-cost analysis includes a calculation of all the benefits addressed in the performance measures established under section 150;

added “(2) the benefit-cost analysis includes a consideration of the total maintenance cost of an asset over the lifecycle of the asset; and

added “(3) the State demonstrates that any travel demand modeling used to calculate the benefit-cost analysis has a documented record of accuracy.”

“124. Predisaster mitigation program

“(a) Establishment—The Secretary shall establish and implement a predisaster mitigation program to enhance the resilience of the transportation system of the United States, mitigate the impacts of covered events, and ensure the efficient use of Federal resources.

“(b) Eligible activities

changed “(1) In general—Subject to paragraph (2), funds apportioned to the State under section 104(b)(8) may be obligated for construction activities, including construction of natural infrastructure or protective features, features and the development of such projects and programs that help agencies, to—

“(A) increase the resilience of a surface transportation infrastructure asset to withstand a covered event;

changed “(B) relocate or provide a reasonable alternative to a repeatedly damaged facility; andfacility;

“(C) for an evacuation route identified in the vulnerability assessment required under section 134(i)(2)(I)(iii) or section 135(f)(10)(C)—

“(i) improve the capacity or operation of such evacuation route through—

“(I) communications and intelligent transportation system equipment and infrastructure;

“(II) counterflow measures; and

“(III) shoulders; and

changed “(ii) relocate such evacuation route or provide a reasonable alternative to such evacuation route to address the risk of a covered event.event; and

added “(D) recover from incidents that significantly disrupt a regions transportation system including—

added “(i) predisaster training programs that help agencies and regional stakeholders plan for and prepare multimodal recovery efforts; and

added “(ii) the establishment of regional wide telework training and programs.

“(2) Infrastructure resilience and adaptation—No funds shall be obligated to a project under this section unless the project meets each of the following criteria:

“(A) The project is designed to ensure resilience over the anticipated service life of the surface transportation infrastructure asset.

“(B) The project is identified in the metropolitan or statewide transportation improvement program as a project to address resilience vulnerabilities, consistent with section 134(j)(3)(E) or 135(g)(5)(B)(iii).

added “(C) For a project in a flood-prone area, the project sponsor considers hydrologic and hydraulic data and methods that integrate current and projected changes in flooding based on climate science over the anticipated service life of the surface transportation infrastructure asset and future forecasted land use changes.

removed “(C) For a project in a flood plain, the project sponsor considers hydrologic and hydraulic data and methods that integrate current and projected changes in flooding based on climate science and future land use changes over the anticipated service life of the surface transportation infrastructure asset.

“(3) Prioritization of projects—A State shall develop a process to prioritize projects under this section based on the degree to which the proposed project would—

“(A) be cost effective;

“(B) reduce the risk of disruption to a surface transportation infrastructure asset considered critical to support population centers, freight movement, economic activity, evacuation, recovery, or national security functions; and

“(C) ease disruptions to vulnerable, at-risk, or transit-dependant populations.

“(c) Guidance—The Secretary shall provide guidance to States to assist with the implementation of paragraphs (2) and (3) of subsection (b).

“(d) Definitions—In this section:

added “(1) Covered event—The term covered event means a climate change effect (including sea level rise), an extreme event, seismic activity, or any other natural disaster (including a wildfire or landslide).

removed “(1) Covered event—The term covered event means a climate change effect (including sea level rise), an extreme event, seismic activity, or any other natural disaster (including a wildfire).

“(2) Surface transportation infrastructure asset—The term surface transportation infrastructure asset means a facility eligible for assistance under this title or chapter 53 of title 49.”

“(I) Climate change and resilience

“(i) In general—The transportation planning process shall assess strategies to reduce the climate change impacts of the surface transportation system and conduct a vulnerability assessment to identify opportunities to enhance the resilience of the surface transportation system and ensure the efficient use of Federal resources.

“(ii) Climate change mitigation and impacts—A long-range transportation plan shall—

“(I) identify investments and strategies to reduce transportation-related sources of greenhouse gas emissions per capita;

“(II) identify investments and strategies to manage transportation demand and increase the rates of public transportation ridership, walking, bicycling, and carpools; and

“(III) recommend zoning and other land use policies that would support infill, transit-oriented development, and mixed use development.

“(iii) Vulnerability assessment—A long-range transportation plan shall incorporate a vulnerability assessment that—

“(I) includes a risk-based assessment of vulnerabilities of critical transportation assets and systems to covered events (as such term is defined in section 124);

changed “(II) considers, as applicable, the risk management analysis in the State’s asset management plan developed pursuant to section 119, and the State’s evaluation of reasonable alternatives to repeatedly damaged facilities;facilities conducted under part 667 of title 23, Code of Federal Regulations;

“(III) identifies evacuation routes, assesses the ability of any such routes to provide safe passage for evacuation and emergency response during an emergency event, and identifies any improvements or redundant facilities necessary to adequately facilitate safe passage;

“(IV) describes the metropolitan planning organization’s adaptation and resilience improvement strategies that will inform the transportation investment decisions of the metropolitan planning organization; and

“(V) is consistent with and complementary of the State and local mitigation plans required under section 322 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5165).

“(iv) Consultation—The assessment described in this subparagraph shall be developed in consultation with, as appropriate, State, local, and Tribal officials responsible for land use, housing, resilience, hazard mitigation, and emergency management.”

“(E) Resilience projects—The TIP shall—

“(i) identify projects that address the vulnerabilities identified by the assessment in subsection (i)(2)(I)(iii); and

“(ii) describe how each project identified under clause (i) would improve the resilience of the transportation system.”

“(I) Climate change and resilience

“(i) In general—The transportation planning process shall assess strategies to reduce the climate change impacts of the surface transportation system and conduct a vulnerability assessment to identify opportunities to enhance the resilience of the surface transportation system and ensure the efficient use of Federal resources.

“(ii) Climate change mitigation and impacts—A long-range transportation plan shall—

“(I) identify investments and strategies to reduce transportation-related sources of greenhouse gas emissions per capita;

“(II) identify investments and strategies to manage transportation demand and increase the rates of public transportation ridership, walking, bicycling, and carpools; and

“(III) recommend zoning and other land use policies that would support infill, transit-oriented development, and mixed use development.

“(iii) Vulnerability assessment—A long-range transportation plan shall incorporate a vulnerability assessment that—

“(I) includes a risk-based assessment of vulnerabilities of critical transportation assets and systems to covered events (as such term is defined in section 124 of title 23);

changed “(II) considers, as applicable, the risk management analysis in the State’s asset management plan developed pursuant to section 119 of title 23, and the State’s evaluation of reasonable alternatives to repeatedly damaged facilities;facilities conducted under part 667 of title 23, Code of Federal Regulations;

“(III) identifies evacuation routes, assesses the ability of any such routes to provide safe passage for evacuation and emergency response during an emergency event, and identifies any improvements or redundant facilities necessary to adequately facilitate safe passage;

“(IV) describes the metropolitan planning organization’s adaptation and resilience improvement strategies that will inform the transportation investment decisions of the metropolitan planning organization; and

“(V) is consistent with and complementary of the State and local mitigation plans required under section 322 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5165).

“(iv) Consultation—The assessment described in this subparagraph shall be developed in consultation, as appropriate, with State, local, and Tribal officials responsible for land use, housing, resilience, hazard mitigation, and emergency management.”

“(E) Resilience projects—The TIP shall—

“(i) identify projects that address the vulnerabilities identified by the assessment in subsection (i)(2)(I)(iii); and

“(ii) describe how each project identified under clause (i) would improve the resilience of the transportation system.”

“(10) Climate change and resilience

“(A) In general—The transportation planning process shall assess strategies to reduce the climate change impacts of the surface transportation system and conduct a vulnerability assessment to identify opportunities to enhance the resilience of the surface transportation system and ensure the efficient use of Federal resources.

“(B) Climate change mitigation and impacts—A long-range transportation plan shall—

“(i) identify investments and strategies to reduce transportation-related sources of greenhouse gas emissions per capita;

“(ii) identify investments and strategies to manage transportation demand and increase the rates of public transportation ridership, walking, bicycling, and carpools; and

“(iii) recommend zoning and other land use policies that would support infill, transit-oriented development, and mixed use development.

“(C) Vulnerability assessment—A long-range transportation plan shall incorporate a vulnerability assessment that—

“(i) includes a risk-based assessment of vulnerabilities of critical transportation assets and systems to covered events (as such term is defined in section 124);

changed “(ii) considers, as applicable, the risk management analysis in the State’s asset management plan developed pursuant to section 119, and the State’s evaluation of reasonable alternatives to repeatedly damaged facilities;facilities conducted under part 667 of title 23, Code of Federal Regulations;

“(iii) identifies evacuation routes, assesses the ability of any such routes to provide safe passage for evacuation and emergency response during an emergency event, and identifies any improvements or redundant facilities necessary to adequately facilitate safe passage;

changed “(iv) describes the metropolitan planning organization’s States’s adaptation and resilience improvement strategies that will inform the transportation investment decisions of the metropolitan planning organization; State; and

“(v) is consistent with and complementary of the State and local mitigation plans required under section 322 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5165).

“(D) Consultation—The assessment described in this subparagraph shall be developed in consultation with, as appropriate, State, local, and Tribal officials responsible for land use, housing, resilience, hazard mitigation, and emergency management.”

“(iii) Resilience projects—The STIP shall—

“(I) identify projects that address the vulnerabilities identified by the assessment in subsection (i)(10)(B); and

“(II) describe how each project identified under subclause (I) would improve the resilience of the transportation system.”

“(10) Climate change and resilience

“(A) In general—The transportation planning process shall assess strategies to reduce the climate change impacts of the surface transportation system and conduct a vulnerability assessment to identify opportunities to enhance the resilience of the surface transportation system and ensure the efficient use of Federal resources.

“(B) Climate change mitigation and impacts—A long-range transportation plan shall—

“(i) identify investments and strategies to reduce transportation-related sources of greenhouse gas emissions per capita;

“(ii) identify investments and strategies to manage transportation demand and increase the rates of public transportation ridership, walking, bicycling, and carpools; and

“(iii) recommend zoning and other land use policies that would support infill, transit-oriented development, and mixed use development.

“(C) Vulnerability assessment—A long-range transportation plan shall incorporate a vulnerability assessment that—

“(i) includes a risk-based assessment of vulnerabilities of critical transportation assets and systems to covered events (as such term is defined in section 124 of title 23);

changed “(ii) considers, as applicable, the risk management analysis in the State’s asset management plan developed pursuant to section 119 of title 23, and the State’s evaluation of reasonable alternatives to repeatedly damaged facilities;facilities conducted under part 667 of title 23, Code of Federal Regulations;

“(iii) identifies evacuation routes, assesses the ability of any such routes to provide safe passage for evacuation and emergency response during an emergency event, and identifies any improvements or redundant facilities necessary to adequately facilitate safe passage;

changed “(iv) describes the metropolitan planning organization’s State’s adaptation and resilience improvement strategies that will inform the transportation investment decisions of the metropolitan planning organization; State; and

“(v) is consistent with and complementary of the State and local mitigation plans required under section 322 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5165).

“(D) Consultation—The assessment described in this subparagraph shall be developed in consultation with, as appropriate, State, local, and Tribal officials responsible for land use, housing, resilience, hazard mitigation, and emergency management.”

“(iii) Resilience projects—The STIP shall—

“(I) identify projects that address the vulnerabilities identified by the assessment in subsection (i)(10)(B); and

“(II) describe how each project identified under subclause (I) would improve the resilience of the transportation system.”

“(1) In general—The Secretary may expend funds from the emergency fund authorized by this section only for the repair or reconstruction of highways on Federal-aid highways in accordance with this chapter.

“(2) Restrictions

“(A) In general—No funds shall be expended from the emergency fund authorized by this section unless—

“(i) an emergency has been declared by the Governor of the State with concurrence by the Secretary, unless the President has declared the emergency to be a major disaster for the purposes of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.) for which concurrence of the Secretary is not required; and

changed “(ii) the Secretary has received an application from the State transportation department that includes a comprehensive list of all eligible project sites and repair costs by not later than 6 2 years after the natural disaster or catastrophic failure.

“(B) Cost limitation—The total cost of a project funded under this section may not exceed the cost of repair or reconstruction of a comparable facility unless the Secretary determines that the project incorporates economically justified betterments, including protective features to increase the resilience of the facility.

“(3) Special rule for bridge projects—In no case shall funds be used under this section for the repair or reconstruction of a bridge—

“(A) that has been permanently closed to all vehicular traffic by the State or responsible local official because of imminent danger of collapse due to a structural deficiency or physical deterioration; or

“(B) if a construction phase of a replacement structure is included in the approved statewide transportation improvement program at the time of an event described in subsection (a).”

changed “(g) Definitions—In this section:Imposition of deadline

added “(1) In general—Notwithstanding any other provision of law, the Secretary may not require any project funded under this section to advance to the construction obligation stage before the date that is the last day of the sixth fiscal year after the later of—

added “(A) the date on which the Governor declared the emergency, as described in subsection (d)(2)(A)(i); or

added “(B) the date on which the President declared the emergency to be a major disaster, as described in such subsection.

added “(2) Extension of deadline—If the Secretary imposes a deadline for advancement to the construction obligation stage pursuant to paragraph (1), the Secretary may, upon the request of the Governor of the State, issue an extension of not more than 1 year to complete such advancement, and may issue additional extensions after the expiration of any extension, if the Secretary determines the Governor of the State has provided suitable justification to warrant such an extension.

added “(h) Predisaster hazard mitigation pilot program

added “(1) In General—The Secretary shall establish a predisaster mitigation program for the purpose of mitigating future hazards posed to Federal-aid highways.

added “(2) Distribution of funds—Every 6 months, the Secretary shall total the amount of funds made available to each State, territory, Tribal or other eligible entity under the emergency relief program under this section during the preceding 6 months and remit an additional 5 percent from the Highway Trust Fund to such entities for eligible activities described in paragraph (3).

added “(3) Eligible Activities—Funds made available under paragraph (2) shall be used for mitigation projects and activities that the Secretary determines are cost effective and which substantially reduce the risk of, or increase resilience to, future damage as a result of natural disasters, including by flood, hurricane, tidal wave, earthquake, severe storm, or landslide, by upgrading existing assets to meet or exceed design standards adopted by the Federal Highway Administration by—

added “(A) relocating or elevating roadways;

added “(B) increasing the size or number of drainage structures, including culverts;

added “(C) installing mitigation measures to prevent the impairment of transportation assets as a result of the intrusion of floodwaters;

added “(D) improving bridges to expand water capacity and prevent flooding;

added “(E) deepening channels to prevent asset inundation and improve drainage;

added “(F) improving strength of natural features adjacent to highway right-of-way to promote additional flood storage;

added “(G) installing or upgrading tide gates and flood gates;

added “(H) stabilizing slide areas or slopes;

added “(I) installing seismic retrofits for bridges;

added “(J) adding scour protection at bridges;

added “(K) adding scour, stream stability, coastal, or other hydraulic countermeasures, including riprap;

added “(L) installing intelligent transportation system equipment to monitor infrastructure quality; and

added “(M) any other protective features as determined by the Secretary.

added “(4) Report—The Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate an annual report detailing—

added “(A) a description of the activities carried out under the pilot program;

added “(B) an evaluation of the effectiveness of the pilot program in meeting purposes descried in paragraph (1);

added “(C) policy recommendations to improve the effectiveness of the pilot program.

added “(i) Improving the emergency relief program—Not later than 90 days after the date of enactment of the INVEST in America Act, the Secretary shall—

added “(1) revise the emergency relief manual of the Federal Highway Administration—

added “(A) to include and reflect the definition of the term “resilience” (as defined in section 101(a));

added “(B) to identify procedures that States may use to incorporate resilience into emergency relief projects; and

added “(C) to encourage the use of context sensitive design principles and consideration of access for moderate- and low-income families impacted by a declared disaster;

added “(2) develop best practices for improving the use of resilience in—

added “(A) the emergency relief program under section 125; and

added “(B) emergency relief efforts;

added “(3) provide to division offices of the Federal Highway Administration and State departments of transportation information on the best practices developed under paragraph (2); and

added “(4) develop and implement a process to track—

added “(A) the consideration of resilience as part of the emergency relief program under section 125; and

added “(B) the costs of emergency relief projects.

added “(j) Definitions—In this section:

“(1) Comparable facility—The term comparable facility means a facility that meets the current geometric and construction standards required for the types and volume of traffic that the facility will carry over its design life.

“(2) Construction phase—The term construction phase means the phase of physical construction of a highway or bridge facility that is separate from any other identified phases, such as planning, design, or right-of-way phases, in the State transportation improvement program.

“(3) Open to public travel—The term open to public travel means with respect to a road, that, except during scheduled periods, extreme weather conditions, or emergencies, the road—

“(A) is maintained;

“(B) is open to the general public; and

“(C) 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.

“(4) Standard passenger vehicle—The term standard passenger vehicle means a vehicle with 6 inches of clearance from the lowest point of the frame, body, suspension, or differential to the ground.”

changed “(16) Protective features (including natural infrastructure) infrastructure and vegetation control and clearance) to enhance the resiliency resilience of a transportation facility otherwise eligible for assistance under this section.

“(17) Projects to reduce greenhouse gas emissions eligible under section 171, including the installation of electric vehicle charging infrastructure.

changed “(18) Projects and strategies to reduce vehicle-caused wildlife mortality related to, or to restore and maintain connectivity among terrestrial or aquatic habitats affected by, a transportation facility otherwise eligible for assistance under this section.”section.

added “(19) A surface transportation project carried out in accordance with the national travel and tourism infrastructure strategic plan under section 1431(e) of the FAST Act (49 U.S.C. 301 note).”

“(3) for a project described in—

“(A) subsection (h); or

“(B) section 101(a)(29), as in effect on the day before the date of enactment of the FAST Act;”

“(4) for a project described in section 5308 of title 49; and”

“(ii) in urbanized areas of the State with an urbanized area population greater than 49,999 and less than 200,001;

“(iii) in urban areas of the State with a population greater than 4,999 and less than 50,000; and

“(iv) in other areas of the State with a population less than 5,000; and”

“(3) Local coordination and consultation

“(A) Coordination with metropolitan planning organizations—For purposes of paragraph (1)(A)(ii), a State shall—

“(i) establish a process to coordinate with all metropolitan planning organizations in the State that represent an urbanized area described in such paragraph; and

“(ii) describe how funds described under paragraph (1)(A)(ii) will be allocated equitably among such urbanized areas during the period of fiscal years 2022 through 2025.

“(B) Joint responsibility—Each State and the Secretary shall jointly ensure compliance with subparagraph (A).

“(C) Consultation with regional transportation planning organizations—For purposes of clauses (iii) and (iv) of paragraph (1)(A), before obligating funding attributed to an area with a population less than 50,000, a State shall consult with the regional transportation planning organizations that represent the area, if any.”

“(6) Technical assistance

“(A) In general—The State and all metropolitan planning organizations in the State that represent an urbanized area with a population of greater than 200,000 shall jointly establish a program to improve the ability of applicants to deliver projects under this subsection in an efficient and expeditious manner and reduce the period of time between the selection of the project and the obligation of funds for the project by providing—

“(i) technical assistance and training to applicants for projects under this subsection; and

“(ii) funding for 1 or more full-time State employee positions to administer this subsection.

“(B) Eligible funds—To carry out this paragraph—

“(i) a State shall set aside an amount equal to 1 percent of the funds available under paragraph (1)(A)(i); and

“(ii) at the request of an eligible metropolitan planning organization, the State and metropolitan planning organization may jointly agree to use additional funds available under paragraph (1)(A)(i).

“(C) Use of funds—Amounts used under this paragraph may be expended—

“(i) directly by the State; or

“(ii) through contracts with State agencies, private entities, or nonprofit organizations.”

“(f) Bridges not on Federal-Aid highways

“(1) Definition of off-system bridge—In this subsection, the term off-system bridge means a bridge located on a public road, other than a bridge on a Federal-aid highway.

“(2) Special rule

changed “(A) Set aside—Of the amounts apportioned to a State for each fiscal year under this section other than the amounts described in subparagraph (C), the State shall obligate for activities described in subsection (b)(2) (as in effect on the day before the date of enactment of the FAST Act) for off-system bridges an amount that is not less than 20 percent of the amounts available to such State under this section in fiscal year 2020.2020, not including the amounts described in subparagraph (C).

“(B) Reduction of expenditures—The Secretary, after consultation with State and local officials, may reduce the requirement for expenditures for off-system bridges under subparagraph (A) with respect to the State if the Secretary determines that the State has inadequate needs to justify the expenditure.

“(C) Limitations—The following amounts shall not be used for the purposes of meeting the requirements of subparagraph (A):

“(i) Amounts described in section 133(d)(1)(A).

“(ii) Amounts set aside under section 133(h).

“(iii) Amounts described in section 505(a).

“(3) Credit for bridges not on Federal-aid highways—Notwithstanding any other provision of law, with respect to any project not on a Federal-aid highway for the replacement of a bridge or rehabilitation of a bridge that is wholly funded from State and local sources, is eligible for Federal funds under this section, is certified by the State to have been carried out in accordance with all standards applicable to such projects under this section, and is determined by the Secretary upon completion to be no longer a deficient bridge—

“(A) any amount expended after the date of enactment of this subsection from State and local sources for the project in excess of 20 percent of the cost of construction of the project may be credited to the non-Federal share of the cost of other bridge projects in the State that are eligible for Federal funds under this section; and

“(B) that crediting shall be conducted in accordance with procedures established by the Secretary.”

Section 133(h) of title 23, United States Code, is amended to read as follows:

“(h) Transportation alternatives program set-Aside

“(1) Set aside—For each fiscal year, of the total funds apportioned to all States under section 104(b)(2) for a fiscal year, the Secretary shall set aside an amount such that—

“(A) the Secretary sets aside a total amount under this subsection for a fiscal year equal to 10 percent of such total funds; and

“(B) the State’s share of the amount set aside under subparagraph (A) is determined by multiplying the amount set aside under subparagraph (A) by the ratio that—

“(i) the amount apportioned to the State for the transportation enhancement program for fiscal year 2009 under section 133(d)(2), as in effect on the day before the date of enactment of MAP–21; bears to

“(ii) the total amount of funds apportioned to all States for the transportation enhancements program for fiscal year 2009.

“(2) Allocation within a State

changed “(A) In general—Except as provided in subparagraph (B), funds set aside for a State under paragraph (1) shall be obligated within that State in the manner described in subsection (d), subsections (d) and (e), except that, for purposes of this paragraph (after funds are made available under paragraph (5))—

“(i) for each fiscal year, the percentage referred to in paragraph (1)(A) of subsection (d) shall be deemed to be 66 percent; and

“(ii) paragraph (3) of subsection (d) shall not apply.

“(B) Local control

“(i) In general—A State may make available up to 100 percent of the funds set aside under paragraph (1) to the entities described in subclause (I) if the State submits to the Secretary, and the Secretary approves, a plan that describes—

“(I) how such funds shall be made available to metropolitan planning organizations, regional transportation planning organizations, counties, or other regional transportation authorities;

“(II) how the entities described in subclause (I) shall select projects for funding and how such entities shall report selected projects to the State;

“(III) the legal, financial, and technical capacity of such entities; and

“(IV) the procedures in place to ensure such entities comply with the requirements of this title.

changed “(ii) Requirement—A State that makes funding available under a plan approved under this subparagraph shall make available an equivalent amount of obligation authority to the entities an entity described in clause (i)(I).(i)(I) to whom funds are made available under this subparagraph.

“(3) Eligible projects—Funds set aside under this subsection may be obligated for any of the following projects or activities:

“(A) Construction, planning, and design of on-road and off-road trail facilities for pedestrians, bicyclists, and other nonmotorized forms of transportation, including sidewalks, bicycle infrastructure, pedestrian and bicycle signals, traffic calming techniques, lighting and other safety-related infrastructure, and transportation projects to achieve compliance with the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.).

“(B) Construction, planning, and design of infrastructure-related projects and systems that will provide safe routes for nondrivers, including children, older adults, and individuals with disabilities to access daily needs.

“(C) Conversion and use of abandoned railroad corridors for trails for pedestrians, bicyclists, or other nonmotorized transportation users.

“(D) Construction of turnouts, overlooks, and viewing areas.

“(E) Community improvement activities, including—

“(i) inventory, control, or removal of outdoor advertising;

“(ii) historic preservation and rehabilitation of historic transportation facilities;

changed “(iii) vegetation management practices in transportation rights-of-way to improve roadway safety, prevent against invasive species, facilitate wildfire control, and provide erosion control; and

“(iv) archaeological activities relating to impacts from implementation of a transportation project eligible under this title.

“(F) Any environmental mitigation activity, including pollution prevention and pollution abatement activities and mitigation to address stormwater management, control, and water pollution prevention or abatement related to highway construction or due to highway runoff, including activities described in sections 328(a) and 329.

“(G) Projects and strategies to reduce vehicle-caused wildlife mortality related to, or to restore and maintain connectivity among terrestrial or aquatic habitats affected by, a transportation facility otherwise eligible for assistance under this subsection.

“(H) The recreational trails program under section 206.

“(I) The safe routes to school program under section 211.

“(J) Activities in furtherance of a vulnerable road user assessment described in section 148.

“(K) Any other projects or activities described in section 101(a)(29) or section 213, as such sections were in effect on the day before the date of enactment of the FAST Act (Public Law 114–94).

“(4) Access to funds

changed “(A) In general—A State or State, metropolitan planning organization required to obligate funds in accordance with paragraph (2) (2)(A), or an entity required to obligate funds in accordance with paragraph (2)(B) shall develop a competitive process to allow eligible entities to submit projects for funding that achieve the objectives of this subsection. A metropolitan planning organization for an area described in subsection (d)(1)(A)(i) shall select projects under such process in consultation with the relevant State.

“(B) Eligible entity defined—In this paragraph, the term eligible entity means—

changed “(i) a local government;government, including a county or multi-county special district;

“(ii) a regional transportation authority;

“(iii) a transit agency;

“(iv) a natural resource or public land agency;

“(v) a school district, local education agency, or school;

“(vi) a tribal government;

“(vii) a metropolitan planning organization that serves an urbanized area with a population of 200,000 or fewer;

“(viii) a nonprofit organization carrying out activities related to transportation;

“(ix) any other local or regional governmental entity with responsibility for or oversight of transportation or recreational trails (other than a metropolitan planning organization that serves an urbanized area with a population of over 200,000 or a State agency) that the State determines to be eligible, consistent with the goals of this subsection; and

changed “(x) a State, at the request of any entity listed in clauses (i) through (x).(ix).

“(5) Continuation of certain recreational trails projects

“(A) In general—For each fiscal year, a State shall—

“(i) obligate an amount of funds set aside under this subsection equal to 175 percent of the amount of the funds apportioned to the State for fiscal year 2009 under section 104(h)(2), as in effect on the day before the date of enactment of MAP–21, for projects relating to recreational trails under section 206;

“(ii) return 1 percent of the funds described in clause (i) to the Secretary for the administration of such program; and

“(iii) comply with the provisions of the administration of the recreational trails program under section 206, including the use of apportioned funds described in subsection (d)(3)(A) of such section.

“(B) State flexibility—A State may opt out of the recreational trails program under this paragraph if the Governor of the State notifies the Secretary not later than 30 days prior to the date on which an apportionment is made under section 104 for any fiscal year.

“(6) Improving accessibility and efficiency

“(A) In general—A State may use an amount equal to not more than 5 percent of the funds set aside for the State under this subsection, after allocating funds in accordance with paragraph (2)(A), to improve the ability of applicants to access funding for projects under this subsection in an efficient and expeditious manner by providing—

“(i) to applicants for projects under this subsection application assistance, technical assistance, and assistance in reducing the period of time between the selection of the project and the obligation of funds for the project; and

“(ii) funding for 1 or more full-time State employee positions to administer this subsection.

“(B) Use of funds—Amounts used under subparagraph (A) may be expended—

“(i) directly by the State; or

“(ii) through contracts with State agencies, private entities, or nonprofit entities.

“(7) Federal share

“(A) Flexible match

“(i) In general—Notwithstanding section 120—

“(I) the non-Federal share for a project under this subsection may be calculated on a project, multiple-project, or program basis; and

“(II) the Federal share of the cost of an individual project in this subsection may be up to 100 percent.

“(ii) Aggregate non-Federal share—The average annual non-Federal share of the total cost of all projects for which funds are obligated under this subsection in a State for a fiscal year shall be not less than the non-Federal share authorized for the State under section 120(b).

“(iii) Requirement—This subparagraph shall only apply to a State if such State has adequate financial controls, as certified by the Secretary, to account for the average annual non-Federal share under this subparagraph.

“(B) Safety projects—Notwithstanding section 120, funds made available to carry out section 148 may be credited toward the non-Federal share of the costs of a project under this subsection if the project—

“(i) is a project described in section 148(e)(1); and

“(ii) is consistent with the State strategic highway safety plan (as defined in section 148(a)).

“(8) Flexibility

“(A) State authority

“(i) In general—A State may use not more than 50 percent of the funds set aside under this subsection that are available for obligation in any area of the State (suballocated consistent with the requirements of subsection (d)(1)(B)) for any purpose eligible under subsection (b).

changed “(ii) Restriction—Funds may be used as described in clause (i) only if the State demonstrates to the Secretary that the State—Secretary—

changed “(I) that the State held a competition in compliance with the requirements of this subsection in such form as the Secretary determines appropriate;

changed “(II) that the State offered technical assistance to all eligible entities and provided such assistance upon request by an eligible entity; and

changed “(III) demonstrates that there were not sufficient suitable applications from eligible entities to use the funds described in clause (i).

“(B) MPO authority

“(i) In general—A metropolitan planning organization that represents an urbanized area with a population of greater than 200,000 may use not more than 50 percent of the funds set aside under this subsection for an urbanized area described in subsection (d)(1)(A)(i) for any purpose eligible under subsection (b).

“(ii) Restriction—Funds may be used as described in clause (i) only if the Secretary certifies that the metropolitan planning organization—

“(I) held a competition in compliance with the requirements of this subsection in such form as the Secretary determines appropriate; and

“(II) demonstrates that there were not sufficient suitable applications from eligible entities to use the funds described in clause (i).

“(9) Annual reports

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

“(i) 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 projects to be carried out, expressed as percentages of the total apportionment of the State under this subsection; and

“(ii) the list of each project selected for funding for each fiscal year, including specifying the fiscal year for which the project was selected, the fiscal year in which the project is anticipated to be funded, the recipient, the location, the type, and a brief description.

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

“(l) Highway bridge replacement and rehabilitation

“(1) Goals—The goals of this subsection shall be to—

“(A) support the achievement of a state of good repair for the Nation’s bridges;

“(B) improve the safety, efficiency, and reliability of the movement of people and freight over bridges; and

“(C) improve the condition of bridges in the United States by reducing—

“(i) the number of bridges—

“(I) in poor condition; or

“(II) in fair condition and at risk of falling into poor condition;

“(ii) the total person miles traveled over bridges—

“(I) in poor condition; or

“(II) in fair condition and at risk of falling into poor condition;

“(iii) the number of bridges that—

“(I) do not meet current geometric design standards; or

“(II) cannot meet the load and traffic requirements typical of the regional transportation network; and

“(iv) the total person miles traveled over bridges that—

“(I) do not meet current geometric design standards; or

“(II) cannot meet the load and traffic requirements typical of the regional transportation network.

“(2) Bridges on public roads

“(A) Minimum bridge investment—Excluding the amounts described in subparagraph (C), of the total funds apportioned to a State under paragraphs (1) and (2) of section 104(b) for fiscal years 2022 to 2025, a State shall obligate not less than 20 percent for projects described in subparagraph (E).

“(B) Program flexibility—A State required to obligate funds under subparagraph (A) may use any combination of funds apportioned to a State under paragraphs (1) and (2) of section 104(b).

“(C) Limitation—Amounts described below may not be used for the purposes of calculating or meeting the minimum bridge investment requirement under subparagraph (A)—

“(i) amounts described in section 133(d)(1)(A);

“(ii) amounts set aside under section 133(h); and

“(iii) amounts described in section 505(a).

“(D) Rule of construction—Nothing in this section shall be construed to prohibit the expenditure of funds described in subparagraph (C) for bridge projects eligible under such section.

“(E) Eligible projects—Funds required to be obligated in accordance with paragraph (2)(A) may be obligated for projects or activities that—

“(i) are otherwise eligible under either section 119 or section 133, as applicable;

“(ii) support the achievement of performance targets of the State established under section 150 or provide support for the condition and performance of bridges on public roads within the State; and

changed “(iii) remove a bridge classified as in poor condition in order to improve community connectivity, or replace, reconstruct, rehabilitate, preserve, or protect a bridge included on the national bridge inventory authorized by subsection (b), including through—

“(I) seismic retrofits;

“(II) systematic preventive maintenance;

“(III) installation of scour countermeasures;

“(IV) the use of innovative materials that extend the service life of the bridge and reduce preservation costs, as compared to conventionally designed and constructed bridges;

“(V) the use of nontraditional production techniques, including factory prefabrication;

“(VI) painting for purposes of bridge protection;

“(VII) application of calcium magnesium acetate, sodium acetate/formate, or other environmentally acceptable, minimally corrosive anti-icing and deicing compositions;

“(VIII) corrosion control;

“(IX) construction of protective features (including natural infrastructure) alone or in combination with other activities eligible under this paragraph to enhance resilience of a bridge;

“(X) bridge security countermeasures;

“(XI) impact protection measures for bridges;

“(XII) inspection and evaluation of bridges; and

“(XIII) training for bridge inspectors consistent with subsection (i).

“(F) Bundles of projects—A State may use a bundle of projects as described in subsection (j) to satisfy the requirements of subparagraph (A), if each project in the bundle is otherwise eligible under subparagraph (E).

“(G) Flexibility—The Secretary may, at the request of a State, reduce the required obligation under subparagraph (A) if—

“(i) the reduction is consistent with a State’s asset management plan for the National Highway System;

“(ii) the reduction will not limit a State’s ability to meet its performance targets under section 150 or to improve the condition and performance of bridges on public roads within the State; and

“(iii) the State demonstrates that it has inadequate needs to justify the expenditure.

“(H) Bridge investment report—The Secretary shall annually publish on the website of the Department of Transportation a bridge investment report that includes—

“(i) the total Federal funding obligated for bridge projects in the most recent fiscal year, on a State-by-State basis and broken out by Federal program;

“(ii) the total Federal funding obligated, on a State-by-State basis and broken out by Federal program, for bridge projects carried out pursuant to the minimum bridge investment requirements under subparagraph (A);

“(iii) the progress made by each State toward meeting the minimum bridge investment requirement under subparagraph (A) for such State, both cumulatively and for the most recent fiscal year;

“(iv) a summary of—

“(I) each request made under subparagraph (G) by a State for a reduction in the minimum bridge investment requirement under subparagraph (A); and

“(II) for each request described in subclause (I) that is granted by the Secretary—

“(aa) the percentage and dollar amount of the reduction; and

“(bb) an explanation of how the State met each of the criteria described in subparagraph (G); and

“(v) a summary of—

“(I) each request made by a State for a reduction in the obligation requirements under section 133(f); and

“(II) for each request that is granted by the Secretary—

“(aa) the percentage and dollar amount of the reduction; and

“(bb) an explanation of how the Secretary made the determination under section 133(f)(2)(B).

“(I) Off-system bridges—A State may apply amounts obligated under this subsection or section 133(f)(2)(A) to the obligation requirements of both this subsection and section 133(f).

“(J) NHS penalty—A State may apply amounts obligated under this subsection or section 119(f)(2) to the obligation requirements of both this subsection and section 119(f)(2).

“(K) Compliance—If a State fails to satisfy the requirements of subparagraph (A) by the end of fiscal year 2025, the Secretary may subject the State to appropriate program sanctions under section 1.36 of title 23, Code of Federal Regulations (or successor regulations).”

“(xviii) Safe routes to school infrastructure-related projects eligible under section 211.”

“(xxviii) A pedestrian security feature designed to slow or stop a motor vehicle.

“(xxix) Installation of infrastructure improvements, including sidewalks, crosswalks, signage, and bus stop shelters or protected waiting areas.”

added “(x) State or local representatives of educational agencies to address safe routes to school and schoolbus safety; and”

“(G) includes a vulnerable road user safety assessment described under paragraph (16);”

“(10) Safe system approach—The term safe system approach means a roadway design that emphasizes minimizing the risk of injury or fatality to road users and that—

“(A) takes into consideration the possibility and likelihood of human error;

changed “(B) accommodates human injury tolerance by taking into consideration likely accident crash types, resulting impact forces, and the human body’s ability to withstand such forces; and

“(C) takes into consideration vulnerable road users.

“(11) Specified safety project

“(A) In general—The term specified safety project means a project carried out for the purpose of safety under any other section of this title that is consistent with the State strategic highway safety plan.

“(B) Inclusion—The term specified safety project includes a project that—

“(i) promotes public awareness and informs the public regarding highway safety matters (including safety for motorcyclists, bicyclists, pedestrians, individuals with disabilities, and other road users);

“(ii) facilitates enforcement of traffic safety laws;

“(iii) provides infrastructure and infrastructure-related equipment to support emergency services;

“(iv) conducts safety-related research to evaluate experimental safety countermeasures or equipment; or

“(v) supports safe routes to school noninfrastructure-related activities described under section 211(e)(2).”

“(15) Vulnerable road user—The term vulnerable road user means a nonmotorist—

“(A) with a fatality analysis reporting system person attribute code that is included in the definition of the term number of non-motorized fatalities in section 490.205 of title 23, Code of Federal Regulations (or successor regulation); or

“(B) described in the term number of non-motorized serious injuries in such section.

changed “(16) Vulnerable road user safety assessment—The term vulnerable road user safety assessment means an assessment of the safety performance of the State or a metropolitan planning organization within the State with respect to vulnerable road users and the plan of the State or metropolitan planning organization to improve the safety of vulnerable road users described in subsection (l).”

“(viii) the findings of a vulnerable road user safety assessment of the State; and”

“(3) Flexible funding for specified safety projects

“(A) In general—To advance the implementation of a State strategic highway safety plan, a State may use not more than 10 percent of the amounts apportioned to the State under section 104(b)(3) for a fiscal year to carry out specified safety projects.

“(B) Rule of statutory construction—Nothing in this paragraph shall be construed to require a State to revise any State process, plan, or program in effect on the date of enactment of this paragraph.

“(C) Effect of paragraph

“(i) Requirements—A project funded under this paragraph shall be subject to all requirements under this section that apply to a highway safety improvement project.

“(ii) Other apportioned programs—Subparagraph (A) shall not apply to amounts that may be obligated for noninfrastructure projects apportioned under any other paragraph of section 104(b).”

“(1) High-risk rural road safety

“(A) In general—If a State determines that the fatality rate on rural roads in such State for the most recent 2-year period for which data are available exceeds the median fatality rate for rural roads among all States, that State shall be required to—

“(i) obligate over the 2 fiscal years following the fiscal year in which such determination is made for projects on high-risk rural roads an amount not less than 7.5 percent of the amounts apportioned to the State under section 104(b)(3) for fiscal year 2020; and

“(ii) include, in the subsequent update to the State strategic highway safety plan, strategies to reduce the fatality rate.

changed “(B) Source of funds—Any amounts obligated under subparagraph (A) shall be from amounts apportioned described under section 104(b)(2) (from the portion of such funds that are available for obligation in any area of the State).133(d)(1)(B).

changed “(C) Consultation—In carrying out a project with an amount obligated Annual determination—The determination described under subparagraph (A), a State (A) shall consult with, as applicable, local governments, metropolitan planning organizations, and regional transportation planning organizations.”be made on an annual basis.

added “(D) Consultation—In carrying out a project with an amount obligated under subparagraph (A), a State shall consult with, as applicable, local governments, metropolitan planning organizations, and regional transportation planning organizations.”

“(3) Vulnerable road user safety

changed “(A) In general—Beginning 2 years after on the date of enactment of the INVEST in America Act, if a State determines that the number of vulnerable road user fatalities and serious injuries per capita in such State over the most recent 2-year period for which data are available exceeds the median number of such fatalities and serious injuries per capita among all States, that State shall be required to obligate over the 2 fiscal years following the fiscal year in which such determination is made an amount that is not less than 50 percent of the amount set aside in such State under section 133(h)(1) for fiscal year 2020 for projects identified 2020, less any amounts obligated by a metropolitan planning organization in the program of projects described in subsection (l)(2)(C).State as required by subparagraph (D), for—

changed “(B) Source of funds—Any amounts obligated under subparagraph (A) shall be from amounts apportioned under section 104(b)(2) (from the portion of such funds that are available for obligation “(i) in any area of the State).”first fiscal year—

added “(I) performing the vulnerable user safety assessment as prescribed by subsection (l);

added “(II) providing matching funds for transportation alternatives safety project as identified in section 133(h)(7)(B); and

added “(III) projects eligible under section 133(h)(3)(A), (B), (C), or (I); and

added “(ii) in each fiscal year thereafter, the program of projects identified in subsection (l)(2)(C).

added “(B) Source of funds—Any amounts obligated under subparagraph (A) shall be from amounts described in section 133(d)(1)(B).

added “(C) Annual determination—The determination described under subparagraph (A) shall be made on an annual basis.

added “(D) Metropolitan planning area with excessive fatalities and serious injuries per capita

added “(i) Annual determination—Beginning on the date of enactment of the INVEST in America Act, a metropolitan planning organization representing an urbanized area with a population greater than 200,000 shall annually determine the number of vulnerable user road fatalities and serious injuries per capita in such area over the most recent 2-year period.

added “(ii) Requirement to obligate funds—If such a metropolitan planning area organization determines that the number of vulnerable user road fatalities and serious injuries per capita in such area over the most recent 2-year period for which data are available exceeds the median number of such fatalities and serious injuries among all urbanized areas with a population of over 200,000, then there shall be obligated over the 2 fiscal years following the fiscal year in which such determination is made an amount that is not less than 50 percent of the amount set aside for that urbanized area under section 133(h)(2) for fiscal year 2020 for projects identified in the program of projects described in subsection (l)(7)(C).

added “(E) Source of funds

added “(i) Metropolitan planning organization in State required to obligate funds—For a metropolitan planning organization in a State required to obligate funds to vulnerable user safety under subparagraph (A), the State shall be required to obligate from such amounts required to be obligated for vulnerable road user safety under subparagraph (B) for projects described in subsection (l)(7).

added “(ii) Other metropolitan planning organizations—For a metropolitan planning organization that is not located within a State required to obligate funds to vulnerable user safety under subparagraph (A), the State shall be required to obligate from amounts apportioned under section 104(b)(3) for projects described in subsection (l)(7).”

“(l) Vulnerable road user safety assessment

changed “(1) In general—Not later than 2 years 1 year after date of enactment of the INVEST in America Act, each State shall create a vulnerable road user safety assessment.

“(2) Contents—A vulnerable road user safety assessment required under paragraph (1) shall include—

“(A) a description of the location within the State of each vulnerable road user fatality and serious injury and the design speed of the roadway at any such location;

changed “(B) a description of any corridors identified by a State State, in coordination with local governments, metropolitan planning organizations, and regional transportation planning organizations that pose a high risk of a vulnerable road user fatality or serious injury and the design speeds of such corridors; and

changed “(C) a program of projects or strategies to reduce safety risks to vulnerable road users in corridors identified under subparagraph (B), in coordination with local governments, metropolitan planning organizations, and regional transportation planning organizations that represent a high-risk area identified under subparagraph (B).

“(3) Analysis—In creating a vulnerable road user safety assessment under this subsection, a State shall assess the last 5 years of available data.

“(4) Requirements—In creating a vulnerable road user safety assessment under this subsection, a State shall—

“(A) take into consideration a safe system approach; and

changed “(B) consult coordinate with local governments, metropolitan planning organizations, and regional transportation planning organizations that represent a high-risk area identified under paragraph (2)(B).

“(5) Update—A State shall update a vulnerable road user safety assessment on the same schedule as the State updates the State strategic highway safety plan.

“(6) Transportation system access—The program of projects developed under paragraph (2)(C) may not degrade transportation system access for vulnerable road users.”

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

“(10) if the project or program mitigates seasonal or temporary traffic congestion from long-haul travel or tourism.”

“(m) Operating assistance

changed “(1) Projects—A State may obligate funds apportioned under section 104(b)(4) in an area of such State that is otherwise eligible for obligations of such funds for operating costs under chapter 53 of title 49 or on a system for which CMAQ funding was made available, obligated, or expended in fiscal year 2012, or, notwithstanding subsection (b), on a State-supported Amtrak route with a cost-sharing agreement under section 209 of the Passenger Rail Investment and Improvement Act of 2008.2008 or alternative cost allocation under section 24712(g)(3) of title 49.

changed “(2) Time limitation—Funds obligated limitation—In determining the amount of time for which a State may obligate funds under paragraph (1) for operating assistance for an area of a State or on a system, the Secretary shall have—allow such obligations to occur, in such area or on such system—

changed “(A) with a time limitation of not less than 3 years; and

changed “(B) in the case of projects that demonstrate continued net air quality benefits, benefits beyond 3 years, as determined annually by the Secretary in consultation with the Administrator of the Environmental Protection Agency, with no imposed time limitation.”

“155. Electric vehicle charging stations

“(a) In general—Any electric vehicle charging infrastructure funded under this title shall be subject to the requirements of this section.

“(b) Interoperability

changed “(1) In general—Electric vehicle charging stations funded under this title shall provide, at a minimum, two of the following charging connector types:types at the location:

“(A) CCS.

“(B) CHAdeMO.

changed “(2) Savings clause—Nothing in this subsection shall prevent the use of charging types other than the connectors described in paragraph (1) if, at a minimum, such connectors meet “(C) An alternative connector that meets applicable industry standards and are compatible with a majority of electric vehicles in operation.safety standards

added “(2) Savings clause—Nothing in this subsection shall prevent the use of charging types other than the connectors described in paragraph (1) if, at a minimum, such connectors meet applicable industry safety standards and are compatible with a majority of electric vehicles in operation.

“(c) Open access to payment—Electric vehicle charging stations shall provide payment methods available to all members of the public to ensure secure, convenient, and equal access and shall not be limited by membership to a particular payment provider.

added “(d) Treatment of projects—Notwithstanding any other provision of law, any project to install electric vehicle charging infrastructure shall be treated as if the project is located on a Federal-aid highway.

added “(e) Certification—The Secretary of Commerce shall certify that no electric vehicle charging stations installed under this section use minerals sourced or processed with child labor, as such term is defined in Article 3 of the International Labor Organization Convention concerning the prohibition and immediate action for the elimination of the worst forms of child labor (December 2, 2000), or in violation of human rights.”

removed “(d) Treatment of projects—Notwithstanding any other provision of law, any project to install electric vehicle charging infrastructure shall be treated as if the project is located on a Federal-aid highway.”

added “(f) Interstate system rights-of way

added “(1) In general—Notwithstanding subsections (a) or (b), the Secretary shall permit, consistent with section 155, the charging of electric vehicles on rights-of-way of the Interstate System in—

added “(A) a rest area; or

added “(B) a fringe or corridor parking facility, including a park and ride facility.

added “(2) Savings clause—Nothing in this subsection shall permit commercial activities on rights-of-way of the Interstate System, except as necessary for the charging of electric vehicles in accordance with this subsection.”

“171. Carbon pollution reduction

“(a) Establishment—The Secretary shall establish a carbon pollution reduction program to support the reduction of greenhouse gas emissions from the surface transportation system.

“(b) Eligible projects—A project is eligible for funding under this section if such project—

“(1) is expected to yield a significant reduction in greenhouse gas emissions from the surface transportation system;

“(2) will help a State meet the greenhouse gas emissions performance targets established under section 150(c)(7); and

changed “(3) is eligible for assistance under this title or under chapter 53 of title 49; oris—

changed “(4) is a capital project, as such term is defined in section 22906 “(A) eligible for assistance under this title or under chapter 53 of title 49, to improve intercity rail passenger transportation, provided that the project will yield a significant reduction in single occupant vehicle trips and improve mobility on public roads.49; or

added “(B) a capital project, as such term is defined in section 22906 of title 49, to improve intercity rail passenger transportation, provided that the project will yield a significant reduction in single occupant vehicle trips and improve mobility on public roads.

“(c) Guidance—The Secretary shall issue guidance on methods of determining the reduction of single occupant vehicle trips and improvement of mobility on public roads as those factors relate to intercity rail passenger transportation projects under subsection (b)(4).

added “(d) Operating expenses—A State may use not more than 10 percent of the funds provided under section 104(b)(9) for the operating expenses of public transportation and passenger rail transportation projects.

removed “(d) Operating expenses—With respect to funds provided for an eligible project under this section, a State may use not more than 10 percent of such funds for operating expenses relating to such project if such project is for public transportation, passenger rail, or transportation systems management and operations.

“(e) Single-Occupancy vehicle highway facilities—None of the funds provided under this section may be used for a project that will result in the construction of new capacity available to single occupant vehicles unless the project consists of a high occupancy vehicle facility and is consistent with section 166.

“(f) Evaluation

“(1) In general—The Secretary shall annually evaluate the progress of each State in carrying out the program under this section by comparing the percent change in carbon dioxide emissions per capita on public roads in the State calculated as—

“(A) the annual carbon dioxide emissions per capita on public roads in the State for the most recent year for which there is data; divided by

“(B) the average annual carbon dioxide emissions per capita on public roads in the State in calendar years 2015 through 2019.

“(2) Measures—In conducting the evaluation under paragraph (1), the Secretary shall—

“(A) prior to the effective date of the greenhouse gas performance measures under section 150(c)(7), use such data as are available, which may include data on motor fuels usage published by the Federal Highway Administration and information on emissions factors or coefficients published by the Energy Information Administration of the Department of Energy; and

“(B) following the effective date of the greenhouse gas performance measures under section 150(c)(7), use such measures.

“(g) Progress report—The Secretary shall annually issue a carbon pollution reduction progress report, to be made publicly available on the website of the Department of Transportation, that includes—

“(1) the results of the evaluation under subsection (f) for each State; and

“(2) a ranking of all the States by the criteria under subsection (f), with the States that, for the year covered by such report, have the largest percentage reduction in annual carbon dioxide emissions per capita on public roads being ranked the highest.

“(h) High-Performing States

“(1) Designation—For purposes of this section, each State that is 1 of the 15 highest ranked States, as determined under subsection (g)(2), and that achieves a reduction in carbon dioxide emissions per capita on public roads, as determined by the evaluation in subsection (f), shall be designated as a high-performing State for the following fiscal year.

“(2) Use of funds—For each State that is designated as a high-performing State under paragraph (1)—

“(A) notwithstanding section 120, the State may use funds made available under this title to pay the non-Federal share of a project under this section during any year for which such State is designated as a high-performing State; and

“(B) notwithstanding section 126, the State may transfer up to 50 percent of funds apportioned under section 104(b)(9) to the program under section 104(b)(2) in any year for which such State is designated as a high-performing State.

“(3) Transfer—For each State that is 1 of the 15 lowest ranked States, as determined under subsection (g)(2), the Secretary shall transfer 10 percent of the amount apportioned to the State under section 104(b)(2) in the fiscal year following the year in which the State is so ranked, not including amounts set aside under section 133(d)(1)(A) and under section 133(h) or 505(a), to the apportionment of the State under section 104(b)(9).

“(4) Limitation—The Secretary shall not conduct a transfer under paragraph (3)—

“(A) until the first fiscal year following the effective date of greenhouse gas performance measures under section 150(c)(7); and

“(B) with respect to a State in any fiscal year following the year in which such State achieves a reduction in carbon dioxide emissions per capita on public roads in such year as determined by the evaluation under subsection (f).

“(i) Report—Not later than 2 years after the date of enactment of this section and periodically thereafter, the Secretary, in consultation with the Administrator of the Environmental Protection Agency, shall issue a report—

“(1) detailing, based on the best available science, what types of projects eligible for assistance under this section are expected to provide the most significant greenhouse gas emissions reductions from the surface transportation sector; and

“(2) detailing, based on the best available science, what types of projects eligible for assistance under this section are not expected to provide significant greenhouse gas emissions reductions from the surface transportation sector.”

“211. Safe routes to school program

“(a) Program—The Secretary shall carry out a safe routes to school program for the benefit of children in primary, middle, and high schools.

“(b) Purposes—The purposes of the program shall be—

“(1) to enable and encourage children, including those with disabilities, to walk and bicycle to school;

“(2) to make bicycling and walking to school a safer and more appealing transportation alternative, thereby encouraging a healthy and active lifestyle from an early age; and

“(3) to facilitate the planning, development, and implementation of projects and activities that will improve safety and reduce traffic, fuel consumption, and air pollution in the vicinity of schools.

“(c) Use of funds—Amounts apportioned to a State under paragraphs (2) and (3) of section 104(b) may be used to carry out projects, programs, and other activities under this section.

“(d) Eligible entities—Projects, programs, and activities funded under this section may be carried out by eligible entities described under section 133(h)(4)(B) that demonstrate an ability to meet the requirements of this section.

“(e) Eligible projects and activities

“(1) Infrastructure-related projects

“(A) In general—A State may obligate funds under this section for the planning, design, and construction of infrastructure-related projects that will substantially improve the ability of students to walk and bicycle to school, including sidewalk improvements, traffic calming and speed reduction improvements, pedestrian and bicycle crossing improvements, on-street bicycle facilities, off-street bicycle and pedestrian facilities, secure bicycle parking facilities, and traffic diversion improvements in the vicinity of schools.

“(B) Location of projects—Infrastructure-related projects under subparagraph (A) may be carried out on any public road or any bicycle or pedestrian pathway or trail in the vicinity of schools.

“(2) Noninfrastructure-related activities—In addition to projects described in paragraph (1), a State may obligate funds under this section for noninfrastructure-related activities to encourage walking and bicycling to school, including—

“(A) public awareness campaigns and outreach to press and community leaders;

“(B) traffic education and enforcement in the vicinity of schools;

“(C) student sessions on bicycle and pedestrian safety, health, and environment;

“(D) programs that address personal safety; and

“(E) funding for training, volunteers, and managers of safe routes to school programs.

“(3) Safe routes to school coordinator—Each State receiving an apportionment under paragraphs (2) and (3) of section 104(b) shall use a sufficient amount of the apportionment to fund a full-time position of coordinator of the State’s safe routes to school program.

added “(4) Rural school district outreach—A coordinator described in paragraph (3) shall conduct outreach to ensure that rural school districts in the State are aware of such State’s safe routes to school program and the funds authorized by this section.

“(f) Federal share—The Federal share of the cost of a project, program, or activity under this section shall be 100 percent.

“(g) Clearinghouse

“(1) In general—The Secretary shall maintain a national safe routes to school clearinghouse to—

“(A) develop information and educational programs on safe routes to school; and

“(B) provide technical assistance and disseminate techniques and strategies used for successful safe routes to school programs.

“(2) Funding—The Secretary shall carry out this subsection using amounts authorized to be appropriated for administrative expenses under section 104(a).

“(h) Treatment of projects—Notwithstanding any other provision of law, projects carried out under this section shall be treated as projects on a Federal-aid highway under chapter 1 of this title.

“(i) Definitions—In this section, the following definitions apply:

“(1) In the vicinity of schools—The term in the vicinity of schools means, with respect to a school, the area within bicycling and walking distance of the school (approximately 2 miles).

“(2) Primary, middle, and high schools—The term primary, middle, and high schools means schools providing education from kindergarten through twelfth grade.”

Section 217 of title 23, United States Code, is amended—

changed “(2) Electric bicycle—The term electric bicycle “electric bicycle” means any bicycle, tricycle, mean a bicycle equipped with fully operable pedals, a saddle or seat for the rider, and an electric motor of less than 750 watts that can safely share a bicycle transportation facility with other motorized conveyance—users of such facility and meets the requirements of one of the following three classes:

changed “(A) weighing under 100 pounds;Class 1 electric bicycle—The term “class 1 electric bicycle” means an electric bicycle equipped with a motor that provides assistance only when the rider is pedaling, and that ceases to provide assistance when the bicycle reaches the speed of 20 miles per hour.

changed “(B) Class 2 electric bicycle—The term “class 2 electric bicycle” means an electric bicycle equipped with a low-powered electric motor;motor that may be used exclusively to propel the bicycle, and that is not capable of providing assistance when the bicycle reaches the speed of 20 miles per hour.

changed “(C) Class 3 electric bicycle—The term “class 3 electric bicycle” means an electric bicycle equipped with a top motor-powered motor that provides assistance only when the rider is pedaling, and that ceases to provide assistance when the bicycle reaches the speed not in excess of 20 28 miles per hour; andhour.”

removed “(D) that can safely share a bicycle transportation facility with other users of such facility.”

“117. Projects of national and regional significance

“(a) Establishment—The Secretary shall establish a projects of national and regional significance program under which the Secretary may make grants to, and establish multiyear grant agreements with, eligible entities in accordance with this section.

“(b) Applications—To be eligible for a grant under this section, an eligible entity shall submit to the Secretary an application in such form, in such manner, and containing such information as the Secretary may require.

“(c) Grant amounts and project costs

“(1) In general—Each grant made under this section—

“(A) shall be in an amount that is at least $25,000,000; and

“(B) shall be for a project that has eligible project costs that are reasonably anticipated to equal or exceed the lesser of—

“(i) $100,000,000; or

“(ii) in the case of a project—

changed “(I) located in 1 State, State or territory, 30 percent of the amount apportioned under this chapter to the State or territory in the most recently completed fiscal year; or

changed “(II) located in more than 1 State, State or territory, 50 percent of the amount apportioned under this chapter to the participating State or territory with the largest apportionment under this chapter in the most recently completed fiscal year.

“(2) Large projects—For a project that has eligible project costs that are reasonably anticipated to equal or exceed $500,000,000, a grant made under this section—

“(A) shall be in an amount sufficient to fully fund the project, or in the case of a public transportation project, a minimum operable segment, in combination with other funding sources, including non-Federal financial commitment, identified in the application; and

“(B) may be awarded pursuant to the process under subsection (d), as necessary based on the amount of the grant.

“(d) Multiyear grant agreements for large projects

“(1) In general—A large project that receives a grant under this section may be carried out through a multiyear grant agreement in accordance with this subsection.

“(2) Requirements—A multiyear grant agreement for a large project shall—

“(A) establish the terms of participation by the Federal Government in the project;

“(B) establish the amount of Federal financial assistance for the project;

“(C) establish a schedule of anticipated Federal obligations for the project that provides for obligation of the full grant amount by not later than 4 fiscal years after the fiscal year in which the initial amount is provided; and

“(D) determine the period of time for completing the project, even if such period extends beyond the period of an authorization.

“(3) Special rules

“(A) In general—A multiyear grant agreement under this subsection—

“(i) shall obligate an amount of available budget authority specified in law; and

“(ii) may include a commitment, contingent on amounts to be specified in law in advance for commitments under this paragraph, to obligate an additional amount from future available budget authority specified in law.

“(B) Contingent commitment—A contingent commitment under this subsection is not an obligation of the Federal Government under section 1501 of title 31.

“(C) Interest and other financing costs

“(i) In general—Interest and other financing costs of carrying out a part of the project within a reasonable time shall be considered a cost of carrying out the project under a multiyear grant agreement, except that eligible costs may not be more than the cost of the most favorable financing terms reasonably available for the project at the time of borrowing.

“(ii) Certification—The applicant shall certify to the Secretary that the applicant has shown reasonable diligence in seeking the most favorable financing terms.

“(4) Advance payment—An eligible entity carrying out a large project under a multiyear grant agreement—

“(A) may use funds made available to the eligible entity under this title or title 49 for eligible project costs of the large project; and

“(B) shall be reimbursed, at the option of the eligible entity, for such expenditures from the amount made available under the multiyear grant agreement for the project in that fiscal year or a subsequent fiscal year.

“(e) Eligible projects

“(1) In general—The Secretary may make a grant under this section only for a project that is a project eligible for assistance under this title or chapter 53 of title 49 and is—

changed “(A) a bridge project carried out on the National Highway System;System, or that is eligible to be carried out under section 165;

“(B) a project to improve person throughput that is—

changed “(i) a highway project carried out on the National Highway System;System, or that is eligible to be carried out under section 165;

“(ii) a public transportation project; or

“(iii) a capital project, as such term is defined in section 22906 of title 49, to improve intercity rail passenger transportation; or

“(C) a project to improve freight throughput that is—

“(i) a highway freight project carried out on the National Highway Freight Network established under section 167 or on the National Highway System;

“(ii) a freight intermodal, freight rail, or railway-highway grade crossing or grade separation project; or

“(iii) within the boundaries of a public or private freight rail, water (including ports), or intermodal facility and that is a surface transportation infrastructure project necessary to facilitate direct intermodal interchange, transfer, or access into or out of the facility.

“(2) Limitation

“(A) Certain freight projects—Projects described in clauses (ii) and (iii) of paragraph (1)(C) may receive a grant under this section only if—

“(i) the project will make a significant improvement to the movement of freight on the National Highway System; and

“(ii) the Federal share of the project funds only elements of the project that provide public benefits.

“(B) Certain projects for person throughput—Projects described in clauses (ii) and (iii) of paragraph (1)(B) may receive a grant under this section only if the project will make a significant improvement in mobility on public roads.

“(f) Eligible project costs—An eligible entity receiving a grant under this section may use such grant for—

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

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

“(g) Project requirements—The Secretary may select a project described under this section for funding under this section only if the Secretary determines that the project—

“(1) generates significant regional or national economic, mobility, safety, resilience, or environmental benefits;

“(2) is cost effective;

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

“(4) has secured or will secure acceptable levels of non-Federal financial commitments, including—

“(A) 1 or more stable and dependable sources of funding and financing to construct, maintain, and operate the project; and

“(B) contingency amounts to cover unanticipated cost increases;

“(5) cannot be easily and efficiently completed without additional Federal funding or financial assistance available to the project sponsor, beyond existing Federal apportionments; and

“(6) is reasonably expected to begin construction not later than 18 months after the date of obligation of funds for the project.

“(h) Merit criteria and considerations

“(1) Merit criteria—In awarding a grant under this section, the Secretary shall evaluate the following merit criteria:

“(A) The extent to which the project supports achieving a state of good repair.

“(B) The level of benefits the project is expected to generate, including—

“(i) the costs avoided by the prevention of closure or reduced use of the asset to be improved by the project;

“(ii) reductions in maintenance costs over the life of the asset;

“(iii) safety benefits, including the reduction of accidents and related costs;

“(iv) improved person or freight throughput, including congestion reduction and reliability improvements;

“(v) national and regional economic benefits;

“(vi) resilience benefits;

“(vii) environmental benefits, including reduction in greenhouse gas emissions and air quality benefits; and

“(viii) benefits to all users of the project, including pedestrian, bicycle, nonvehicular, railroad, and public transportation users.

“(C) How the benefits compare to the costs of the project.

changed “(D) The average number of people or volume of freight, as applicable, supported by the project.project, including visitors based on travel and tourism.

“(2) Additional considerations—In awarding a grant under this section, the Secretary shall also consider the following:

changed “(A) Whether the project serves an area low-income residents of low-income communities, including areas of persistent poverty.poverty, while not displacing such residents.

“(B) Whether the project uses innovative technologies, innovative design and construction techniques, or pavement materials that demonstrate reductions in greenhouse gas emissions through sequestration or innovative manufacturing processes and, if so, the degree to which such technologies, techniques, or materials are used.

“(C) Whether the project improves connectivity between modes of transportation moving people or goods in the Nation or region.

“(D) Whether the project provides new or improved connections between at least 2 metropolitan areas with a population of at least 500,000.

“(i) Project selection

“(1) Evaluation—To evaluate applications for funding under this section, the Secretary shall—

“(A) determine whether a project is eligible for a grant under this section;

“(B) evaluate, through a methodology that is discernible and transparent to the public, how each application addresses the merit criteria pursuant to subsection (h);

“(C) assign a quality rating for each merit criteria for each application based on the evaluation in subparagraph (B);

“(D) ensure that applications receive final consideration by the Secretary to receive an award under this section only on the basis of such quality ratings and that the Secretary gives final consideration only to applications that meet the minimally acceptable level for each of the merit criteria; and

“(E) award grants only to projects rated highly under the evaluation and rating process.

“(2) Considerations for large projects—In awarding a grant for a large project, the Secretary shall—

“(A) consider the amount of funds available in future fiscal years for the program under this section; and

“(B) assume the availability of funds in future fiscal years for the program that extend beyond the period of authorization based on the amount made available for the program in the last fiscal year of the period of authorization.

“(3) Geographic distribution—In awarding grants under this section, the Secretary shall ensure geographic diversity and a balance between rural and urban communities among grant recipients over fiscal years 2022 through 2025.

“(4) Publication of methodology

“(A) In general—Prior to the issuance of any notice of funding opportunity for grants under this section, the Secretary shall publish and make publicly available on the Department’s website—

“(i) a detailed explanation of the merit criteria developed under subsection (h);

“(ii) a description of the evaluation process under this subsection; and

“(iii) how the Secretary shall determine whether a project satisfies each of the requirements under subsection (g).

“(B) Updates—The Secretary shall update and make publicly available on the website of the Department of Transportation such information at any time a revision to the information described in subparagraph (A) is made.

“(C) Information required—The Secretary shall include in the published notice of funding opportunity for a grant under this section detailed information on the rating methodology and merit criteria to be used to evaluate applications, or a reference to the information on the website of the Department of Transportation, as required by subparagraph (A).

“(j) Federal share

“(1) In general—The Federal share of the cost of a project carried out with a grant under this section may not exceed 60 percent.

“(2) Maximum Federal involvement—Federal assistance other than a grant under this section may be used to satisfy the non-Federal share of the cost of a project for which such a grant is made, except that the total Federal assistance provided for a project receiving a grant under this section may not exceed 80 percent of the total project cost.

“(k) Treatment of projects

“(1) Federal requirements—The Secretary shall, with respect to a project funded by a grant under this section, apply—

“(A) the requirements of this title to a highway project;

“(B) the requirements of chapter 53 of title 49 to a public transportation project; and

“(C) the requirements of section 22905 of title 49 to a passenger rail or freight rail project.

“(2) Multimodal projects

“(A) In general—Except as otherwise provided in this paragraph, if an eligible project is a multimodal project, the Secretary shall—

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

“(ii) apply the applicable requirements of such predominant modal component to the project.

“(B) Exceptions

“(i) Passenger or freight rail component—For any passenger or freight rail component of a project, the requirements of section 22907(j)(2) of title 49 shall apply.

“(ii) Public transportation component—For any public transportation component of a project, the requirements of section 5333 of title 49 shall apply.

“(C) Buy America—In applying the Buy American requirements under section 313 of this title and sections 5320, 22905(a), and 24305(f) of title 49 to a multimodal project under this paragraph, the Secretary shall—

“(i) consider the various modal components of the project; and

“(ii) seek to maximize domestic jobs.

“(3) Federal-aid highway requirements—Notwithstanding any other provision of this subsection, the Secretary shall require recipients of grants under this section to comply with subsection (a) of section 113 with respect to public transportation projects, passenger rail projects, and freight rail projects, in the same manner that recipients of grants are required to comply with such subsection for construction work performed on highway projects on Federal-aid highways.

“(l) TIFIA program—At the request of an eligible entity under this section, the Secretary 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.

“(m) Administration—Of the amounts made available to carry out this section, the Secretary may use up to $5,000,000 for the costs of administering the program under this section.

changed “(n) Technical assistance—Of the amounts made available to carry out this section, the Secretary may reserve up to $5,000,000,000 $5,000,000 to provide technical assistance to eligible entities.

“(o) Congressional Review

“(1) Notification—Not less than 60 days before making an award under this section, the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works, the Committee on Banking, Housing, and Urban Affairs, and the Committee on Commerce, Science, and Transportation of the Senate—

“(A) a list of all applications determined to be eligible for a grant by the Secretary;

“(B) the quality ratings assigned to each application pursuant to subsection (i);

“(C) a list of applications that received final consideration by the Secretary to receive an award under this section;

“(D) each application proposed to be selected for a grant award;

“(E) proposed grant amounts, including for each new multiyear grant agreement, the proposed payout schedule for the project; and

“(F) an analysis of the impacts of any large projects proposed to be selected on existing commitments and anticipated funding levels for the next 4 fiscal years, based on information available to the Secretary at the time of the report.

“(2) Committee review—Before the last day of the 60-day period described in paragraph (1), each Committee described in paragraph (1) shall review the Secretary’s list of proposed projects.

“(3) Congressional disapproval—The Secretary may not make a grant or any other obligation or commitment to fund a project under this section if a joint resolution is enacted disapproving funding for the project before the last day of the 60-day period described in paragraph (1).

“(p) Transparency

“(1) In general—Not later than 30 days after awarding a grant for a project under this section, the Secretary shall send to all applicants, and publish on the website of the Department of Transportation—

“(A) a summary of each application made to the program for the grant application period; and

“(B) the evaluation and justification for the project selection, including ratings assigned to all applications and a list of applications that received final consideration by the Secretary to receive an award under this section, for the grant application period.

“(2) Briefing—The Secretary shall provide, at the request of a grant applicant under this section, the opportunity to receive a briefing to explain any reasons the grant applicant was not awarded a grant.

“(q) Definitions—In this section:

“(1) Areas of persistent poverty—The term areas of persistent poverty has the meaning given such term in section 172(l).

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

“(A) a State or a group of States;

“(B) a unit of local government, including a metropolitan planning organization, or a group of local governments;

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

“(D) a special purpose district or public authority with a transportation function, including a port authority;

changed “(E) a tribal Tribal government or a consortium of tribal Tribal governments;

changed “(F) a Federal agency eligible to receive funds under section 201, 203, or 204 that applies jointly with a State or group of States; andStates;

changed “(G) a multistate or multijurisdictional group of entities described in this paragraph.”territory; and

added “(H) a multistate or multijurisdictional group of entities described in this paragraph.”

“173. Community transportation investment grant program

“(a) Establishment—The Secretary shall establish a community transportation investment grant program to improve surface transportation safety, state of good repair, accessibility, and environmental quality through infrastructure investments.

“(b) Grant authority

“(1) In general—In carrying out the program established under subsection (a), the Secretary shall make grants, on a competitive basis, to eligible entities in accordance with this section.

“(2) Grant amount—The maximum amount of a grant under this section shall be $25,000,000.

“(c) Applications—To be eligible for a grant under this section, an eligible entity shall submit to the Secretary an application in such form, at such time, and containing such information as the Secretary may require.

“(d) Eligible project costs—Grant amounts for an eligible project carried out under this section may be used for—

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

“(2) construction, reconstruction, rehabilitation, acquisition of real property (including land related to the project and improvements to such land), environmental mitigation, construction contingencies, acquisition of equipment, and operational improvements.

changed “(e) Rural areasand community setasides

changed “(1) In general—The Secretary shall reserve not less than 25 percent of the amounts made available to carry out this section for projects located in rural areas.reserve—

changed “(2) Definition “(A) not less than 25 percent of rural area—In this subsection, the term rural area means all areas of a State not included amounts made available to carry out this section for projects located in urbanized areas.rural areas; and

added “(B) not less than 25 percent of the amounts made available to carry out this section for projects located in urbanized areas with a population greater than 49,999 individuals and fewer than 200,001 individuals.

added “(2) Definition of rural area—In this subsection, the term rural area means all areas of a State or territory not included in urbanized areas.

“(3) Excess funding—If the Secretary determines that there are insufficient qualified applicants to use the funds set aside under this subsection, the Secretary may use such funds for grants for any projects eligible under this section.

“(f) Evaluation—To evaluate applications under this section, the Secretary shall—

“(1) develop a process to objectively evaluate applications on the benefits of the project proposed in such application—

“(A) to transportation safety, including reductions in traffic fatalities and serious injuries;

“(B) to state of good repair, including improved condition of bridges and pavements;

“(C) to transportation system access, including improved access to jobs and services; and

“(D) in reducing greenhouse gas emissions;

“(2) develop a rating system to assign a numeric value to each application, based on each of the criteria described in paragraph (1);

added “(3) for each application submitted, compare the total benefits of the proposed project, as determined by the rating system developed under paragraph (2), with the costs of such project, and rank each application based on the results of the comparison; and

removed “(3) compare the total benefits of each application submitted, as determined by the rating system developed under paragraph (2), with the costs of such application, and rank each application based on the results of the comparison; and

“(4) ensure that only such applications that are ranked highly based on the results of the comparison conducted under paragraph (3) are considered to receive a grant under this section.

added “(g) Weighting—In establishing the evaluation process under subsection (f), the Secretary may assign different weights to the criteria described in subsection (f)(1) based on project type, population served by a project, and other context-sensitive considerations, provided that—

added “(1) each application is rated on all criteria described in subsection (f)(1); and

removed “(g) Weighting—In establishing the evaluation process under subsection (f), the Secretary may assign different weights to the criteria developed under subsection (f)(1) based on project type, population served by a project, and other context-sensitive considerations, provided that—

removed “(1) each application is rated on all criteria developed under subsection (f)(1); and

“(2) each application has the same possible minimum and maximum rating, regardless of any differences in the weighting of criteria.

“(h) Transparency

“(1) Publicly available information—Prior to the issuance of any notice of funding opportunity under this section, the Secretary shall make publicly available on the website of the Department of Transportation a detailed explanation of the evaluation and rating process developed under subsection (f), including any differences in the weighting of criteria pursuant to subsection (g), if applicable, and update such website for each revision of the evaluation and rating process.

“(2) Notifications to Congress—The Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives, the Committee on Environment and Public Works of the Senate, the Committee on Banking, Housing, and Urban Affairs of the Senate, and the Committee on Commerce, Science, and Transportation of the Senate the following written notifications:

“(A) A notification when the Secretary publishes or updates the information required under paragraph (1).

“(B) Not later than 30 days prior to the date on which the Secretary awards a grant under this section, a notification that includes—

“(i) the ratings of each application submitted pursuant to subsection (f)(2);

“(ii) the ranking of each application submitted pursuant to subsection (f)(3); and

“(iii) a list of all applications that receive final consideration by the Secretary to receive an award under this section pursuant to subsection (f)(4).

“(C) Not later than 3 business days prior to the date on which the Secretary announces the award of a grant under this section, a notification describing each grant to be awarded, including the amount and the recipient.

“(i) Technical assistance—Of the amounts made available to carry out this section, the Secretary may reserve up to $3,000,000 to provide technical assistance to eligible entities.

“(j) Administration—Of the amounts made available to carry out this section, the Secretary may reserve up to $5,000,000 for the administrative costs of carrying out the program under this section.

“(k) Treatment of projects

“(1) Federal requirements—The Secretary shall, with respect to a project funded by a grant under this section, apply—

“(A) the requirements of this title to a highway project;

“(B) the requirements of chapter 53 of title 49 to a public transportation project; and

“(C) the requirements of section 22905 of title 49 to a passenger rail or freight rail project.

“(2) Multimodal projects

“(A) In general—Except as otherwise provided in this paragraph, if an eligible project is a multimodal project, the Secretary shall—

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

“(ii) apply the applicable requirements of such predominant modal component to the project.

“(B) Exceptions

“(i) Passenger or freight rail component—For any passenger or freight rail component of a project, the requirements of section 22907(j)(2) of title 49 shall apply.

“(ii) Public transportation component—For any public transportation component of a project, the requirements of section 5333 of title 49 shall apply.

“(C) Buy America—In applying the Buy American requirements under section 313 of this title and sections 5320, 22905(a), and 24305(f) of title 49 to a multimodal project under this paragraph, the Secretary shall—

“(i) consider the various modal components of the project; and

“(ii) seek to maximize domestic jobs.

“(3) Federal-aid highway requirements—Notwithstanding any other provision of this subsection, the Secretary shall require recipients of grants under this section to comply with subsection (a) of section 113 with respect to public transportation projects, passenger rail projects, and freight rail projects, in the same manner that recipients of grants are required to comply with such subsection for construction work performed on highway projects on Federal-aid highways.

“(l) Transparency

“(1) In general—Not later than 30 days after awarding a grant for a project under this section, the Secretary shall send to all applicants, and publish on the website of the Department of Transportation—

“(A) a summary of each application made to the program for the grant application period; and

“(B) the evaluation and justification for the project selection, including ratings and rankings assigned to all applications and a list of applications that received final consideration by the Secretary to receive an award under this section, for the grant application period.

“(2) Briefing—The Secretary shall provide, at the request of a grant applicant under this section, the opportunity to receive a briefing to explain any reasons the grant applicant was not awarded a grant.

“(m) Definitions—In this section:

“(1) Eligible entity—The term eligible entity means—

“(A) a metropolitan planning organization;

“(B) a unit of local government;

“(C) a transit agency;

removed “(D) a Tribal Government or a consortium of tribal governments;

removed “(E) a multijurisdictional group of entities described in this paragraph; or

changed “(F) “(D) a State that applies for Tribal Government or a grant under this section jointly with an entity described in subparagraphs (A) through (E).consortium of Tribal governments;

added “(E) a multijurisdictional group of entities described in this paragraph;

added “(F) a special purpose district with a transportation function or a port authority;

added “(G) a territory; or

added “(H) a State that applies for a grant under this section jointly with an entity described in subparagraphs (A) through (G).

“(2) Eligible project—The term eligible project means any project eligible under this title or chapter 53 of title 49.”

“(3) summarizes best practices and provides guidance, developed through consultation with the Secretary of Energy, for project development of electric vehicle charging infrastructure, hydrogen fueling infrastructure, and natural gas fueling infrastructure at the State, tribal, and local level to allow for the predictable deployment of such infrastructure; and

“(4) summarizes the progress and implementation of the grant program under subsection (f), including—

changed “(A) a description of how funds awarded through the grant program under subsection (f) will aid efforts to achieve strategic deployment of electric vehicle charging infrastructure infrastructure, natural gas fueling, propane fueling, and hydrogen fueling infrastructure in those corridors;

changed “(B) the total number and location of charging and fueling stations installed under subsection (f); and

changed “(C) the total estimated greenhouse gas emissions that have been reduced through the use of electric vehicle charging charging, natural gas fueling, propane fueling, or hydrogen fueling infrastructure funded under subsection (f) using the methodology identified in paragraph (3)(B).”

changed “(f) Electric vehicle charging charging, natural gas fueling, propane fueling, and hydrogen fueling infrastructure grants

changed “(1) Establishment—Not later than 1 year after the date of enactment of the INVEST in America Act, the Secretary shall establish a grant program to award grants to eligible entities for electric vehicle charging charging, natural gas fueling, propane fueling, and hydrogen fueling infrastructure projects.

“(2) Eligible entity—An entity eligible to receive a grant under this subsection is—

changed “(A) a State (as such term is defined in section 401) or political subdivision of a State;

“(B) a metropolitan planning organization;

“(C) a unit of local government;

“(D) a special purpose district or public authority with a transportation function, including a port authority;

“(E) a Tribal government;

“(F) an authority, agency, or instrumentality of, or an entity owned by, 1 or more of the entities described in subparagraphs (A) through (E); or

“(G) a group of entities described in subparagraphs (A) through (F).

“(3) Application—To be eligible to receive a grant under this subsection, an eligible entity shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary shall require, including—

“(A) a description of—

“(i) the public accessibility of the charging or fueling infrastructure proposed to be funded with a grant under this subsection, including—

“(I) charging or fueling connector types;

“(II) publicly available information on real-time availability; and

“(III) payment methods available to all members of the public to ensure secure, convenient, fair, and equal access and not limited by membership to a particular provider;

changed “(ii) collaborative engagement with the entity with jurisdiction over the roadway and any other relevant stakeholders (including automobile manufacturers, utilities, infrastructure providers, technology providers, electric charging charging, natural gas, propane, and hydrogen fuel providers, metropolitan planning organizations, States, Indian Tribes, units of local government, fleet owners, fleet managers, fuel station owners and operators, labor organizations, infrastructure construction and component parts suppliers, and multistate and regional entities)—

changed “(I) to foster enhanced, coordinated, public-private or private investment in electric vehicle charging charging, natural gas fueling, propane fueling, and hydrogen fueling infrastructure;

changed “(II) to expand deployment of electric vehicle charging charging, natural gas fueling, propane fueling, or hydrogen fueling infrastructure;

“(III) to protect personal privacy and ensure cybersecurity; and

changed “(IV) to ensure that a properly trained workforce is available to construct and install electric vehicle charging charging, natural gas fueling, propane fueling, or hydrogen fueling infrastructure;

“(iii) the location of the station or fueling site, including consideration of—

“(I) the availability of onsite amenities for vehicle operators, including restrooms or food facilities;

“(II) access in compliance with the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.);

“(III) height and fueling capacity requirements for facilities that charge or refuel large vehicles, including semitrailer trucks; and

“(IV) appropriate distribution to avoid redundancy and fill charging or fueling gaps;

“(iv) infrastructure installation that can be responsive to technology advancements, including accommodating autonomous vehicles and future charging methods;

“(v) the long-term operation and maintenance of the electric vehicle charging or hydrogen fueling infrastructure to avoid stranded assets and protect the investment of public funds in such infrastructure; and

“(vi) in the case of an applicant that is not a State department of transportation, the degree of coordination with the applicable State department of transportation; and

changed “(B) an assessment of the estimated greenhouse gas emissions and air pollution from vehicle emissions that will be reduced through the use of electric vehicle charging charging, natural gas fueling, propane fueling, or hydrogen fueling infrastructure, which shall be conducted using one standardized methodology or tool as determined by the Secretary.

“(4) Considerations—In selecting eligible entities to receive a grant under this subsection, the Secretary shall—

“(A) consider the extent to which the application of the eligible entity would—

“(i) reduce estimated greenhouse gas emissions and air pollution from vehicle emissions, weighted by the total Federal investment in the project;

“(ii) improve alternative fueling corridor networks by—

“(I) converting corridor-pending corridors to corridor-ready corridors; or

“(II) in the case of corridor-ready corridors, providing additional capacity—

“(aa) to meet excess demand for charging or fueling infrastructure; or

“(bb) to reduce congestion at existing charging or fueling infrastructure in high-traffic locations;

“(iii) meet current or anticipated market demands for charging or fueling infrastructure;

changed “(iv) enable or accelerate the construction of charging or fueling infrastructure that would be unlikely to be completed without Federal assistance; andassistance;

changed “(v) support a long-term competitive market for electric vehicle charging infrastructure infrastructure, natural gas fueling, propane fueling, or hydrogen fueling infrastructure that does not significantly impair existing electric vehicle charging or hydrogen fueling infrastructure providers; and

added “(vi) reducing greenhouse gas emissions in established goods-movement corridors, locations serving first- and last-mile freight near ports and freight hubs, and locations that optimize infrastructure networks and reduce hazardous air pollutants in communities disproportionately impacted by such pollutants; and

“(B) ensure, to the maximum extent practicable, geographic diversity among grant recipients to ensure that electric vehicle charging infrastructure or hydrogen fueling infrastructure is available throughout the United States.

“(5) Use of funds

“(A) In general—Any grant made under this subsection shall be—

“(i) directly related to the charging or fueling of a vehicle; and

“(ii) only for charging or fueling infrastructure that is open to the general public.

“(B) Location of infrastructure

removed “(i) In general—Any electric vehicle charging or hydrogen fueling infrastructure acquired and installed with a grant under this subsection shall be located along an alternative fuel corridor designated under this section or by a State or group of States.

changed “(ii) Exception—Notwithstanding clause (i), the Secretary may make a grant for “(i) In general—Any electric vehicle charging charging, natural gas fueling, propane fueling, or hydrogen fueling infrastructure not on acquired and installed with a designated grant under this subsection shall be located along an alternative fuel corridor if the applicant demonstrates that the proposed charging infrastructure would expand deployment of electric vehicle charging to designated under this section or by a greater number State or group of users than investments on such corridor.States.

added “(ii) Exception—Notwithstanding clause (i), the Secretary may make a grant for electric vehicle charging or hydrogen fueling infrastructure not on a designated alternative fuel corridor if the applicant demonstrates that the proposed charging or fueling infrastructure would expand deployment of electric vehicle charging or hydrogen fueling to a greater number of users than investments on such corridor.

“(C) Operating assistance

removed “(i) In general—Subject to clauses (ii) and (iii), an eligible entity that receives a grant under this subsection may use a portion of the funds for operating costs for the first 5 years of operations after the installation of electric vehicle charging or hydrogen fueling infrastructure while the facility transitions to independent system operations.

changed “(ii) Inclusion—Operating assistance “(i) In general—Subject to clauses (ii) and (iii), an eligible entity that receives a grant under this subparagraph shall be limited to costs allocable to subsection may use a portion of the funds for operating and maintaining assistance for the first 5 years of operations after the installation of electric vehicle charging charging, natural gas fueling, propane fueling, or hydrogen fueling infrastructure and service.while the facility transitions to independent system operations.

changed “(iii) Limitation—Operating “(ii) Inclusion—Operating assistance under this subparagraph may not exceed the amount of a contract under subparagraph (A) shall be limited to acquire costs allocable to operating and install maintaining the electric vehicle charging charging, natural gas fueling, propane fueling, or hydrogen fueling infrastructure.infrastructure and service.

added “(iii) Limitation—Operating assistance under this subparagraph may not exceed the amount of a contract under subparagraph (A) to acquire and install electric vehicle charging, natural gas fueling, propane fueling, or hydrogen fueling infrastructure.

“(D) Signs

“(i) In general—Subject to this paragraph and paragraph (6)(B), an eligible entity that receives a grant under this subsection may use a portion of the funds to acquire and install—

removed “(I) traffic control devices located in the right-of-way to provide directional information to electric vehicle charging or hydrogen fueling infrastructure acquired, installed, or operated with the grant under this subsection; and

changed “(II) on-premises signs “(I) traffic control devices located in the right-of-way to provide directional information about to electric vehicle charging charging, natural gas fueling, propane fueling, or hydrogen fueling infrastructure acquired, installed, or operated with a the grant under this subsection.subsection; and

changed “(ii) Requirement—Any traffic control device or “(II) on-premises sign signs to provide information about electric vehicle charging, natural gas fueling, propane fueling, or hydrogen fueling infrastructure acquired, installed, or operated with a grant under this subsection shall comply with the Manual on Uniform Traffic Control Devices, if located in the right-of-way.subsection.

changed “(E) Revenue—An eligible entity receiving “(ii) Requirement—Any traffic control device or on-premises sign acquired, installed, or operated with a grant under this subsection and a private entity referred to in subparagraph (F) may enter into a cost-sharing agreement under which the private entity submits to the eligible entity a portion of shall comply with the revenue from Manual on Uniform Traffic Control Devices, if located in the electric vehicle charging or hydrogen fueling infrastructure.highway right-of-way.

added “(E) Revenue—An eligible entity receiving a grant under this subsection and a private entity referred to in subparagraph (F) may enter into a cost-sharing agreement under which the private entity submits to the eligible entity a portion of the revenue from the electric vehicle charging, natural gas fueling, propane fueling, or hydrogen fueling infrastructure.

“(F) Private entity

removed “(i) In general—An eligible entity receiving a grant under this subsection may use the funds in accordance with this paragraph to contract with a private entity for installation, operation, or maintenance of electric vehicle charging or hydrogen fueling infrastructure.

changed “(ii) Inclusion—An “(i) In general—An eligible private entity shall include receiving a privately, publicly, grant under this subsection may use the funds in accordance with this paragraph to contract with a private entity for installation, operation, or cooperatively owned maintenance of electric utility.vehicle charging, natural gas fueling, propane fueling, or hydrogen fueling infrastructure.

added “(ii) Inclusion—An eligible private entity includes privately, publicly, or cooperatively owned utilities, private electric vehicle service equipment and hydrogen fueling infrastructure providers, and retail fuel stations.

“(6) Project requirements

“(A) In general—Notwithstanding any other provision of law, any project funded by a grant under this subsection shall be treated as a project on a Federal-aid highway.

“(B) Electric vehicle charging projects—A project for electric vehicle charging infrastructure funded by a grant under this subsection shall be subject to the requirements of section 155.

added “(7) Federal share—The Federal share of the cost of a project carried out with a grant under this subsection shall not exceed 80 percent of the total project cost.

added “(8) Certification—The Secretary of Commerce shall certify that no projects carried out under this subsection use minerals sourced or processed with child labor, as such term is defined in Article 3 of the International Labor Organization Convention concerning the prohibition and immediate action for the elimination of the worst forms of child labor (December 2, 2000), or in violation of human rights.”

removed “(7) Federal share—The Federal share of the cost of a project carried out with a grant under this subsection shall not exceed 80 percent of the total project cost.”

“172. Community climate innovation grants

“(a) Establishment—The Secretary shall establish a community climate innovation grant program (in this section referred to as the “Program”) to make grants, on a competitive basis, for locally selected projects that reduce greenhouse gas emissions while improving the mobility, accessibility, and connectivity of the surface transportation system.

“(b) Purpose—The purpose of the Program shall be to support communities in reducing greenhouse gas emissions from the surface transportation system.

“(c) Eligible applicants—The Secretary may make grants under the Program to the following entities:

“(1) A metropolitan planning organization.

changed “(2) A unit of local government or a group of local governments.governments, or a county or multi-county special district.

“(3) A subdivision of a local government.

“(4) A transit agency.

“(5) A special purpose district with a transportation function or a port authority.

“(6) A Tribal government or a consortium of tribal governments.

changed “(7) A multijurisdictional group of entities described in paragraphs (1) through (6).territory.

added “(8) A multijurisdictional group of entities described in paragraphs (1) through (7).

“(d) Applications—To be eligible for a grant under the Program, an entity specified in subsection (c) shall submit to the Secretary an application in such form, at such time, and containing such information as the Secretary determines appropriate.

“(e) Eligible projects—The Secretary may only provide a grant under the Program for a project that is expected to yield a significant reduction in greenhouse gas emissions from the surface transportation system and—

added “(1) is a project eligible for assistance under this title or under chapter 53 of title 49 or supports fueling infrastructure for fuels defined under section 9001(5) of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 8101(5)); or

removed “(1) is a project eligible for assistance under this title or under chapter 53 of title 49; or

“(2) is a capital project as defined in section 22906 of title 49 to improve intercity passenger rail that will yield a significant reduction in single occupant vehicle trips and improve mobility on public roads.

“(f) Eligible uses—Grant amounts received for a project under the Program may be used for—

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

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

“(g) Project prioritization—In making grants for projects under the Program, the Secretary shall give priority to projects that are expected to yield the most significant reductions in greenhouse gas emissions from the surface transportation system.

“(h) Additional considerations—In making grants for projects under the Program, the Secretary shall consider the extent to which—

“(1) a project maximizes greenhouse gas reductions in a cost-effective manner;

“(2) a project reduces dependence on single-occupant vehicle trips or provides additional transportation options;

“(3) a project improves the connectivity and accessibility of the surface transportation system, particularly to low- and zero-emission forms of transportation, including public transportation, walking, and bicycling;

“(4) an applicant has adequately considered or will adequately consider, including through the opportunity for public comment, the environmental justice and equity impacts of the project;

“(5) a project contributes to geographic diversity among grant recipients, including to achieve a balance between urban, suburban, and rural communities;

removed “(6) a project serves low-income communities, including areas of persistent poverty; and

changed “(7) “(6) a project uses pavement materials that demonstrate reductions in greenhouse gas emissions through sequestration or innovative manufacturing processes.serves low-income residents of low-income communities, including areas of persistent poverty, while not displacing such residents;

added “(7) a project uses pavement materials that demonstrate reductions in greenhouse gas emissions through sequestration or innovative manufacturing processes;

added “(8) a project repurposes neglected or underused infrastructure, including abandoned highways, bridges, railways, trail ways, and adjacent underused spaces, into new hybrid forms of public space that support multiple modes of transportation; and

added “(9) a project includes regional multimodal transportation system management and operations elements that will improve the effectiveness of such project and encourage reduction of single occupancy trips by providing the ability of users to plan, use, and pay for multimodal transportation alternatives.

“(i) Funding

“(1) Maximum amount—The maximum amount of a grant under the Program shall be $25,000,000.

“(2) Technical assistance—Of the amounts made available to carry out the Program, the Secretary may use up to 1 percent to provide technical assistance to applicants and potential applicants.

“(j) Treatment of projects

“(1) Federal requirements—The Secretary shall, with respect to a project funded by a grant under this section, apply—

“(A) the requirements of this title to a highway project;

“(B) the requirements of chapter 53 of title 49 to a public transportation project; and

“(C) the requirements of section 22905 of title 49 to a passenger rail or freight rail project.

“(2) Multimodal projects

“(A) In general—Except as otherwise provided in this paragraph, if an eligible project is a multimodal project, the Secretary shall—

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

“(ii) apply the applicable requirements of such predominant modal component to the project.

“(B) Exceptions

“(i) Passenger or freight rail component—For any passenger or freight rail component of a project, the requirements of section 22907(j)(2) of title 49 shall apply.

“(ii) Public transportation component—For any public transportation component of a project, the requirements of section 5333 of title 49 shall apply.

“(C) Buy America—In applying the Buy American requirements under section 313 of this title and sections 5320, 22905(a), and 24305(f) of title 49 to a multimodal project under this paragraph, the Secretary shall—

“(i) consider the various modal components of the project; and

“(ii) seek to maximize domestic jobs.

“(3) Federal-aid highway requirements—Notwithstanding any other provision of this subsection, the Secretary shall require recipients of grants under this section to comply with subsection (a) of section 113 with respect to public transportation projects, passenger rail projects, and freight rail projects, in the same manner that recipients of grants are required to comply with such subsection for construction work performed on highway projects on Federal-aid highways.

“(k) Single-Occupancy vehicle highway facilities—None of the funds provided under this section may be used for a project that will result in the construction of new capacity available to single occupant vehicles unless the project consists of a high-occupancy vehicle facility and is consistent with section 166.

“(l) Definition of areas of persistent poverty—In this section, the term areas of persistent poverty means—

added “(1) any county that has had 20 percent or more of the population of such county living in poverty over the past 30 years, as measured by the 1990 and 2000 decennial censuses and the most recent Small Area Income and Poverty Estimates;

added “(2) any census tract with a poverty rate of at least 20 percent, as measured by the most recent 5-year data series available from the American Community Survey of the Bureau of the Census for all States and Puerto Rico; or

added “(3) any other territory or possession of the United States that has had 20 percent or more of its population living in poverty over the past 30 years, as measured by the 1990, 2000, and 2010 island areas decennial censuses, or equivalent data, of the Bureau of the Census.”

removed “(1) any county that has had 20 percent or more of the population of such county living in poverty over the past 30 years, as measured by the 1990 and 2000 decennial censuses and the most recent Small Area Income and Poverty Estimates; and

removed “(2) any census tract with a poverty rate of at least 20 percent, as measured by the most recent 5-year data series available from the American Community Survey of the Bureau of the Census.”

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

“(6) STIP—The term STIP means a statewide transportation improvement program developed by a State under section 135(g).”

“(4) Consideration—In developing the plans and TIPs, metropolitan planning organizations shall consider direct and indirect emissions of greenhouse gases.”

“(D) Considerations

“(i) Equitable and proportional representation—In designating officials or representatives under paragraph (2), the metropolitan planning organization shall consider the equitable and proportional representation of the population of the metropolitan planning area.

“(ii) Savings clause—Nothing in this paragraph shall require a metropolitan planning organization in existence on the date of enactment of this subparagraph to be restructured.

“(iii) Redesignation—Notwithstanding clause (ii), the requirements of this paragraph shall apply to any metropolitan planning organization redesignated under paragraph (6).”

“(4) Coordination between MPOs

“(A) In general—If more than 1 metropolitan planning organization is designated within an urbanized area under subsection (d)(7), the metropolitan planning organizations designated within the area shall ensure, to the maximum extent practicable, the consistency of any data used in the planning process, including information used in forecasting transportation demand.

“(B) Savings clause—Nothing in this paragraph requires metropolitan planning organizations designated within a single urbanized area to jointly develop planning documents, including a unified long-range transportation plan or unified TIP.”

“(E) protect and enhance the environment, promote energy conservation, reduce greenhouse gas emissions, improve the quality of life and public health, and promote consistency between transportation improvements and State and local planned growth and economic development patterns, including housing and land use patterns;”

“(J) facilitate emergency management, response, and evacuation and hazard mitigation;

changed “(K) improve the level of transportation system access; and”access;

added “(L) support inclusive zoning policies and land use planning practices that incentivize affordable, elastic, and diverse housing supply, facilitate long-term economic growth by improving the accessibility of housing to jobs, and prevent high housing costs from displacing economically disadvantaged households; and”

“(A) In general—Through the use of a performance-based approach, transportation investment decisions made as a part of the metropolitan transportation planning process shall support the national goals described in section 150(b), the achievement of metropolitan and statewide targets established under section 150(d), the improvement of transportation system access (consistent with section 150(f)), and the general purposes described in section 5301 of title 49.”

“(B) Issues—The consultation shall involve, as appropriate, comparison of transportation plans to other relevant plans, including, if available—

“(i) State conservation plans or maps; and

“(ii) inventories of natural or historic resources.”

“(C) Methods

“(i) In general—In carrying out subparagraph (A), the metropolitan planning organization shall, to the maximum extent practicable—

“(I) hold any public meetings at convenient and accessible locations and times;

“(II) employ visualization techniques to describe plans; and

“(III) make public information available in electronically accessible format and means, such as the internet, as appropriate to afford reasonable opportunity for consideration of public information under subparagraph (A).

“(ii) Additional methods—In addition to the methods described in clause (i), in carrying out subparagraph (A), the metropolitan planning organization shall, to the maximum extent practicable—

“(I) use virtual public involvement, social media, and other web-based tools to encourage public participation and solicit public feedback; and

“(II) use other methods, as appropriate, to further encourage public participation of historically underrepresented individuals in the transportation planning process.”

Section 135 of title 23, United States Code, is amended—

“(A) In general—The statewide transportation plan and the”

“(B) Consideration—In developing the statewide transportation plans and STIPs, States shall consider direct and indirect emissions of greenhouse gases.”

“(J) facilitate emergency management, response, and evacuation and hazard mitigation;

changed “(K) improve the level of transportation system access; and”access;

added “(L) support inclusive zoning policies and land use planning practices that incentivize affordable, elastic, and diverse housing supply, facilitate long-term economic growth by improving the accessibility of housing to jobs, and prevent high housing costs from displacing economically disadvantaged households; and”

“(A) In general—Through the use of a performance-based approach, transportation investment decisions made as a part of the statewide transportation planning process shall support—

“(i) the national goals described in section 150(b);

“(ii) the consideration of transportation system access (consistent with section 150(f));

changed “(iii) the achievement of statewide targets established under section 150(c); 150(d); and

“(iv) the general purposes described in section 5301 of title 49.”

“(ii) Comparison and consideration—Consultation under clause (i) shall involve the comparison of transportation plans to other relevant plans and inventories, including, if available—

“(I) State and tribal conservation plans or maps; and

“(II) inventories of natural or historic resources.”

“(i) In general—in carrying out”

“(ii) Additional methods—In addition to the methods described in clause (i), in carrying out subparagraph (A), the State shall, to the maximum extent practicable—

“(I) use virtual public involvement, social media, and other web-based tools to encourage public participation and solicit public feedback; and

“(II) use other methods, as appropriate, to further encourage public participation of historically underrepresented individuals in the transportation planning process.”

“(7) Combating climate change—To reduce carbon dioxide and other greenhouse gas emissions and reduce the climate impacts of the transportation system.”

“(7) Greenhouse gas emissions—The Secretary shall establish, in consultation with the Administrator of the Environmental Protection Agency, measures for States to use to assess—

“(A) carbon dioxide emissions per capita on public roads; and

“(B) any other greenhouse gas emissions per capita on public roads that the Secretary determines to be appropriate.”

“(3) Regressive targets

“(A) In general—A State may not establish a regressive target for the measures described under paragraph (4) or paragraph (7) of subsection (c).

“(B) Regressive target defined—In this paragraph, the term regressive target means a target that fails to demonstrate constant or improved performance for a particular measure.”

“(f) Transportation system access

“(1) In general—The Secretary shall establish measures for States and metropolitan planning organizations to use to assess the level of safe, reliable, and convenient transportation system access to—

“(A) employment; and

“(B) services.

“(2) Considerations—The measures established pursuant to paragraph (1) shall include the ability for States and metropolitan planning organizations to assess—

changed “(A) the change in the level of transportation system access for various modes of travel, including connection to other modes of transportation, that would result from new transportation investments; andinvestments;

changed “(B) the level of transportation system access for economically disadvantaged communities, including to affordable housing.housing; and

added “(C) the extent to which transportation access is impacted by zoning policies and land use planning practices that effect the affordability, elasticity, and diversity of the housing supply.

“(3) Definition of services—In this subsection, the term services includes healthcare facilities, child care, education and workforce training, food sources, banking and other financial institutions, and other retail shopping establishments.”

“(i) In general—The TIP”

“(ii) Transportation management areas—For metropolitan planning areas that represent an urbanized area designated as a transportation management area under subsection (k), the TIP shall include—

“(I) a discussion of the anticipated effect of the TIP toward achieving the performance targets established in the metropolitan transportation plan, linking investment priorities to such performance targets; and

“(II) a description of how the TIP would improve the overall level of transportation system access, consistent with section 150(f).”

“(i) congestion management”

“(ii) the overall level of transportation system access for various modes of travel within the metropolitan planning area, including the level of access for economically disadvantaged communities, consistent with section 150(f), that is based on a cooperatively developed and implemented metropolitan-wide strategy, assessing both new and existing transportation facilities eligible for funding under this title and chapter 53 of title 49.”

“(iii) the TIP approved under clause (ii) improves the level of transportation system access, consistent with section 150(f).”

“(D) a listing of all metropolitan planning organizations that are establishing performance targets and whether such performance targets established by the metropolitan planning organization are meaningful or regressive (as defined in section 150(d)(3)(B)); and

changed “(E) the progress of implementing the measure established under section 150(f) and related requirements under this section and section 135.”150(f).”

“(A) a discussion”

“(B) a consideration of how the STIP impacts the overall level of transportation system access, consistent with section 150(f).”

Section 165 of title 23, United States Code, is amended—

added “(d) Participation of territories in discretionary programs—For any program in which the Secretary may allocate funds out of the Highway Trust Fund (other than the Mass Transit Account) to a State at the discretion of the Secretary, the Secretary may allocate funds to one or more territory for any project or activity that otherwise would be eligible under such program if such project or activity was being carried out in a State.”

removed “(C) TIFIA—Funds provided under this subsection shall not be considered Federal assistance for purposes of section 603(b)(9), as provided under subparagraph (C) of such section.”

changed “(f) Tribal High Priority Projects—Before Projects program—Before making any distribution under subsection (b), the Secretary shall set aside $50,000,000 from the funds made available under the tribal transportation program for each fiscal year to carry out the Tribal High Priority Projects program under section 1123 of MAP–21 (23 U.S.C. 202 note).”

“(h) Administration—The funds made available to carry out this section shall be administered in the same manner as funds made available for the Tribal transportation program under section 202 of title 23, United States Code.”

added “(6) Transfer for high-commuter corridors

added “(A) Request—If the head of a covered agency determines that a high-commuter corridor requires additional investment, based on the criteria described in subparagraph (D), the head of a covered agency, with respect to such corridor, shall submit to the State—

added “(i) information on condition of pavements and bridges;

added “(ii) an estimate of the amounts needed to bring such corridor into a state of good repair, taking into consideration any planned future investments; and

added “(iii) at the discretion of the head of a covered agency, a request that the State transfer to the covered agency, under the authority of section 132 or section 204, or to the Federal Highway Administration, under the authority of section 104, a portion of such amounts necessary to address the condition of the corridor.

added “(B) State response—Not later than 45 days after the date of receipt of the request described in subparagraph (A)(iii), the State shall—

added “(i) approve the request;

added “(ii) deny the request and explain the reasons for such denial; or

added “(iii) request any additional information necessary to take action on the request.

added “(C) Notification to the Secretary—The head of a covered agency shall provide to the Secretary a copy of any request described under subparagraph (A)(iii) and response described under subparagraph (B).

added “(D) Criteria—In making a determination under subparagraph (A), the head of a covered agency, with respect to the corridor, shall consider—

added “(i) the condition of roads, bridges, and tunnels; and

added “(ii) the average annual daily traffic.

added “(E) Definitions—In this paragraph:

added “(i) Covered agency—The term covered agency means a Federal agency eligible to receive funds under this section or section, section 203, or section 204.

added “(ii) High-commuter corridor—The term high-commuter corridor means a Federal lands transportation facility that has average annual daily traffic of not less than 20,000 vehicles.”

removed Section 203(a) of title 23, United States Code, is amended by adding at the end the following:

removed “(6) Transfer for high-commuter corridors

removed “(A) Request—If the head of a covered agency determines that a high-commuter corridor requires additional investment, based on the criteria described in subparagraph (D), the head of a covered agency, with respect to such corridor, shall submit to the State—

removed “(i) information on condition of pavements and bridges;

removed “(ii) an estimate of the amounts needed to bring such corridor into a state of good repair, taking into consideration any planned future investments; and

removed “(iii) at the discretion of the head of a covered agency, a request that the State transfer to the covered agency, under the authority of section 132, or to the Federal Highway Administration, under the authority of section 104, a portion of such amounts necessary to address the condition of the corridor.

removed “(B) State response—Not later than 45 days after the date of receipt of the request described in subparagraph (A)(iii), the State shall—

removed “(i) approve the request;

removed “(ii) deny the request and explain the reasons for such denial; or

removed “(iii) request any additional information necessary to take action on the request.

removed “(C) Notification to the Secretary—The head of a covered agency shall provide to the Secretary a copy of any request described under subparagraph (A)(iii) and response described under subparagraph (B).

removed “(D) Criteria—In making a determination under subparagraph (A), the head of a covered agency, with respect to the corridor, shall consider—

removed “(i) the condition of roads, bridges, and tunnels; and

removed “(ii) the average annual daily traffic.

removed “(E) Definitions—In this paragraph:

removed “(i) Covered agency—The term covered agency means a Federal agency eligible to receive funds under this section or section, section 203, or section 204.

removed “(ii) High-commuter corridor—The term high-commuter corridor means a Federal lands transportation facility that has average annual daily traffic of not less than 20,000 vehicles.”

“208. Federal lands and Tribal major projects program

“(a) Establishment—The Secretary shall establish a Federal lands and Tribal major projects program (referred to in this section as the “program”) to provide funding to construct, reconstruct, or rehabilitate critical Federal lands and Tribal transportation infrastructure.

“(b) Eligible applicants

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

“(2) Special rule—A State, county, or unit of local government may only apply for funding under the program if sponsored by an eligible Federal land management agency or Indian Tribe.

changed “(c) Eligible projects—An eligible project under the program shall be a single continuous project on a Federal lands transportation facility, a Federal lands access transportation facility, or a tribal transportation facility, except that such facility is not required to be included in an inventory described in section 202 or 203, and for which—

“(1) the project—

“(A) has completed the activities required under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) which has been demonstrated through—

“(i) a record of decision with respect to the project;

“(ii) a finding that the project has no significant impact; or

“(iii) a determination that the project is categorically excluded; or

“(B) is reasonably expected to begin construction not later than 18 months after the date of obligation of funds for the project; and

“(2) the project has an estimated cost equal to or exceeding—

“(A) $12,500,000 if it is on a Federal lands transportation facility or a Federal lands access transportation facility; and

“(B) $5,000,000 if it is on a Tribal transportation facility.

“(d) Eligible activities—Grant amounts received for a project under this section may be used for—

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

“(2) construction, reconstruction, and rehabilitation activities.

“(e) Applications—Eligible applicants shall submit to the Secretary an application at such time, in such form, and containing such information as the Secretary may require.

“(f) Project requirements—The Secretary may select a project to receive funds under the program only if the Secretary determines that the project—

“(1) improves the condition of critical transportation facilities, including multimodal facilities;

“(2) cannot be easily and efficiently completed with amounts made available under section 202, 203, or 204; and

“(3) is cost effective.

“(g) Merit criteria—In making a grant under this section, the Secretary shall consider whether the project—

“(1) will generate state of good repair, resilience, economic competitiveness, quality of life, mobility, or safety benefits;

“(2) in the case of a project on a Federal lands transportation facility or a Federal lands access transportation facility, has costs matched by funds that are not provided under this section or this title; and

“(3) generates benefits for land owned by multiple Federal land management agencies or Indian Tribes, or which spans multiple States.

“(h) Evaluation and rating—To evaluate applications, the Secretary shall—

“(1) determine whether a project meets the requirements under subsection (f);

“(2) evaluate, through a discernable and transparent methodology, how each application addresses one or more merit criteria established under subsection (g);

“(3) assign a rating for each merit criteria for each application; and

“(4) consider applications only on the basis of such quality ratings and which meet the minimally acceptable level for each of the merit criteria.

“(i) Cost share

“(1) Federal lands projects

“(A) In general—Notwithstanding section 120, the Federal share of the cost of a project on a Federal lands transportation facility or a Federal lands access transportation facility shall be up to 90 percent.

changed “(B) Non-federal share—Notwithstanding any other provision of law, any Federal funds other than those made available under this title or title 49 may be used to pay the non-Federal share of the cost of a project carried out under this section.

“(2) Tribal projects—The Federal share of the cost of a project on a Tribal transportation facility shall be 100 percent.

“(j) Use of funds—For each fiscal year, of the amounts made available to carry out this section, not more than 50 percent shall be used for eligible projects on Federal lands transportation facilities or Federal lands access transportation facilities and Tribal transportation facilities, respectively.”

Section 102 of title 49, United States Code, is amended—

“(D) an Assistant Secretary for Tribal Government Affairs, who shall be appointed by the President; and”

“(1) Establishment—There is established in the Department an Office of Tribal Government Affairs, under the Assistant Secretary for Tribal Government Affairs, to—

“(A) oversee the Tribal transportation self-governance program under section 207 of title 23;

“(B) plan, coordinate, and implement policies and programs serving Indian Tribes and Tribal organizations;

“(C) coordinate Tribal transportation programs and activities in all offices and administrations of the Department;

“(D) provide technical assistance to Indian Tribes and Tribal organizations; and

changed “(E) be a participant in any negotiated rulemakings relating to, or having an impact on, projects, programs, or funding associated with the Tribal tribal transportation program under section 202 of title 23.”