S. 2302 — what changed

Section 125 of title 23, United States Code, is amended—

“(b) Restriction on eligibility—Funds under this section shall not be used for the repair or reconstruction of a bridge that has been permanently closed to all vehicular traffic by the Federal, State, Tribal, or responsible local official because of imminent danger of collapse due to a structural deficiency or physical deterioration.”

“(i) meets the current”

“(ii) incorporates economically justifiable improvements designed to mitigate the risk of recurring damage from extreme weather events, flooding, or other natural disasters.”

“(3) Protective features

“(A) In general—The cost of an improvement that is part of a project under this section shall be an eligible expense under this section if the improvement is a protective feature that is designed to mitigate the risk of recurring damage, or the cost of future repair, from extreme weather events, flooding, or other natural disasters.

“(B) Protective features described—A protective feature referred to in subparagraph (A) may include—

“(i) raising roadway grades;

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

“(iii) stabilizing slide areas;

“(iv) stabilizing slopes;

“(v) installing riprap;

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

“(vii) deepening channels to prevent flooding;

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

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

“(x) repairing or maintaining tide gates;

“(xi) installing seismic retrofits on bridges;

“(xii) adding scour protection at bridges;

“(xiii) adding scour, stream stability, coastal, and other hydraulic countermeasures, including spur dikes;

“(xiv) the use of natural infrastructure to mitigate the risk of recurring damage or the cost of future repair from extreme weather events, flooding, or other natural disasters; and

“(xv) any other features that mitigate the risk of recurring damage or the cost of future repair as a result of extreme weather events, flooding, or other natural disasters, as determined by the Secretary.”

“(B) Reducing trespassing fatalities and injuries—A State may use funds set aside under subparagraph (A) for projects to reduce pedestrian fatalities and injuries from trespassing at grade crossings.”

“(i) that are eligible”

“(ii) that are privately or majority-privately owned, but that the Secretary determines provide a substantial public transportation benefit or otherwise meet the foremost needs of the surface transportation system described in section 101(b)(3)(D);”

“(G) wildlife crossing structures.”

“(4) Projects that use natural infrastructure alone or in combination with other eligible projects to enhance resilience of a transportation facility otherwise eligible for assistance under this section.”

“(14) Projects and strategies designed to reduce the number of wildlife-vehicle collisions, including project-related planning, design, construction, monitoring, and preventative maintenance.”

“(18) Rural barge landing, dock, and waterfront infrastructure projects in accordance with subsection (j).”

“(4) for a bridge project for the replacement of a low water crossing (as defined by the Secretary) with a bridge; and”

“(j) Rural barge landing, dock, and waterfront infrastructure projects

“(1) In general—A State may use not more than 5 percent of the funds apportioned to the State under section 104(b)(2) for eligible rural barge landing, dock, and waterfront infrastructure projects described in paragraph (2).

“(2) Eligible projects—An eligible rural barge landing, dock, or waterfront infrastructure project referred to in paragraph (1) is a project for the planning, designing, engineering, or construction of a barge landing, dock, or other waterfront infrastructure in a rural community or a Native village (as defined in section 3 of the Alaska Native Claims Settlement Act (43 U.S.C. 1602))—

“(A) that is off the road system; and

“(B) for which the Secretary determines there is a lack of adequate infrastructure.”

“(i) $1,200,000,000 for fiscal year 2021;

“(ii) $1,224,000,000 for fiscal year 2022;

“(iii) $1,248,000,000 for fiscal year 2023;

“(iv) $1,273,000,000 for fiscal year 2024; and

“(v) $1,299,000,000 for fiscal year 2025; and”

“(2) Allocation within a State

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

“(i) for each fiscal year, the percentage specified in subsection (d)(1)(A) shall be deemed to be 57.5 percent; and

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

“(B) Local control

“(i) In general—On approval of a plan submitted to the Secretary that describes the manner in which the plan will maximize local control and the means by which the State plans to comply with paragraph (8), the State may allocate up to 100 percent of the funds referred to in subparagraph (A)(i) to counties and other local transportation entities.

“(ii) Requirement—A State that allocates funding under clause (i) to counties and other local transportation entities shall make available an equivalent amount of obligation limitation to those counties and other local transportation entities.”

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

“(C) Improving accessibility and efficiency

“(i) In general—A State may elect to use an amount equal to not more than 7 percent of the funds reserved 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—

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

“(ii) Use of funds—Amounts used under clause (i) may be expended—

“(I) directly by the State; or

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

“(7) Federal share

“(A) Required aggregate non-Federal share

“(i) In general—The average annual non-Federal share of the total cost of all projects carried out under this subsection in a State for a fiscal year shall be not less than the non-Federal share authorized for the State under section 120(b).

“(ii) Single projects—Subject to clause (i), the Federal share of the total cost of a single project carried out under this subsection may be up to 100 percent.

“(B) Flexible financing—Subject to subparagraph (A), notwithstanding section 120—

“(i) funds made available to carry out section 148 may be credited toward the non-Federal share of the costs of a project type under this subsection that the Secretary determines to have an expected safety benefit; and

“(ii) the non-Federal share for a project under this subsection may be calculated on a project, multiple-project, or program basis.”

“(3) Grant administration—The Secretary may—

“(A) retain not more than a total of 2 percent of the funds made available to carry out this section for the National Surface Transportation and Innovative Finance Bureau to review applications for grants under this section; and

“(B) transfer portions of the funds retained under subparagraph (A) to the relevant Administrators to fund the award and oversight of grants provided under this section.”

“(v) a wildlife crossing project; and”

“(3) Critical rural State interstate projects

“(A) Requirement—Not less than $500,000,000 of the amounts made available for grants under this section for fiscal years 2021 through 2025, in the aggregate, shall be used to make grants for Interstate interchange projects between 2 routes on the Interstate System that—

“(i) are located in a State—

“(I) with a population density of not more than 80 persons per square mile of land area, based on the 2010 census; and

“(II) that has 3 or fewer Interstate interchanges between 2 routes on the Interstate System; and

“(ii) are projects that—

“(I) address a freight system need identified in a State freight plan under section 70202 of title 49 (referred to in this paragraph as a “State freight plan”);

“(II) address a freight mobility issue identified in a State freight plan; or

“(III) are identified in a State freight plan.

“(B) Inclusion in State freight plan—A project described in subparagraph (A)(ii)(III) may include a project listed in the freight investment plan required under section 70202(b)(9) of title 49.

“(C) Unutilized amounts—If, in fiscal year 2025, the Secretary determines that grants under this paragraph will not allow for the amount reserved under subparagraph (A) to be fully utilized, the Secretary shall use the unutilized amounts to make other grants under this section during that fiscal year.

“(4) Critical urban State projects

“(A) Requirement—Not less than $500,000,000 of the amounts made available for grants under this section for fiscal years 2021 through 2025, in the aggregate, shall be used to make grants to eligible projects that are located in a State with a population density of not less than 400 persons per square mile of land area, based on the 2010 census.

“(B) Inclusion in State freight plan—A project described in subparagraph (A) may include a project listed in the freight investment plan required under section 70202(b)(9) of title 49.

“(C) Unutilized amounts—If, in fiscal year 2025, the Secretary determines that grants under this paragraph will not allow for the amount reserved under subparagraph (A) to be fully utilized, the Secretary shall use the unutilized amounts to make other grants under this section during that fiscal year.”

“(C) the effect of the proposed project on safety on freight corridors with significant hazards, such as high winds, heavy snowfall, flooding, rockslides, mudslides, wildfire, wildlife crossing onto the roadway, or steep grades.”

“(4) Requirement—Of the amounts reserved under paragraph (1), not less than 30 percent shall be used for projects in rural areas (as defined in subsection (i)(3)).”

“(4) enhancement of freight resilience to natural hazards or disasters, including high winds, heavy snowfall, flooding, rockslides, mudslides, wildfire, wildlife crossing onto the roadway, or steep grades.”

“(j) Federal assistance

“(1) Federal share

“(A) In general—Except as provided in subparagraph (B) or for a grant under subsection (q), the Federal share”

“(B) Small projects—In the case of a project described in subsection (e)(1), the Federal share of the cost of the project shall be 80 percent.”

“(A) for a State with a population density of not more than 80 persons per square mile of land area, based on the 2010 census, the maximum share of the total Federal assistance provided for a project receiving a grant under this section shall be the applicable share under section 120(b); and

“(B) for a State not described in subparagraph (A), the total Federal”

changed “(k) Efficient use of non-Federal non-federal funds

“(1) In general—Notwithstanding any other provision of law and subject to approval by the Secretary under paragraph (2)(B), in the case of any grant for a project under this section, during the period beginning on the date on which the grant recipient is selected and ending on the date on which the grant agreement is signed—

“(A) the grant recipient may obligate and expend non-Federal funds with respect to the project for which the grant is provided; and

“(B) any non-Federal funds obligated or expended in accordance with subparagraph (A) shall be credited toward the non-Federal cost share for the project for which the grant is provided.

“(2) Requirements

“(A) Application—In order to obligate and expend non-Federal funds under paragraph (1), the grant recipient shall submit to the Secretary a request to obligate and expend non-Federal funds under that paragraph, including—

“(i) a description of the activities the grant recipient intends to fund;

“(ii) a justification for advancing the activities described in clause (i), including an assessment of the effects to the project scope, schedule, and budget if the request is not approved; and

“(iii) the level of risk of the activities described in clause (i).

“(B) Approval—The Secretary shall approve or disapprove each request submitted under subparagraph (A).

“(C) Compliance with applicable requirements—Any non-Federal funds obligated or expended under paragraph (1) shall comply with all applicable requirements, including any requirements included in the grant agreement.

“(3) Effect—The obligation or expenditure of any non-Federal funds in accordance with this subsection shall not—

“(A) affect the signing of a grant agreement or other applicable grant procedures with respect to the applicable grant;

“(B) create an obligation on the part of the Federal Government to repay any non-Federal funds if the grant agreement is not signed; or

“(C) affect the ability of recipient of the grant to obligate or expend non-Federal funds to meet the non-Federal cost share for the project for which the grant is provided after the period described in paragraph (1).”

“(o) Applicant notification

“(1) In general—Not later than 60 days after the date on which a grant recipient for a project under this section is selected, the Secretary shall provide to each eligible applicant not selected for that grant a written notification that the eligible applicant was not selected.

“(2) Inclusion—A written notification under paragraph (1) shall include an offer for a written or telephonic debrief by the Secretary that will provide—

“(A) detail on the evaluation of the application of the eligible applicant; and

“(B) an explanation of and guidance on the reasons the application was not selected for a grant under this section.

“(3) Response

“(A) In general—Not later than 30 days after the eligible applicant receives a written notification under paragraph (1), if the eligible applicant opts to receive a debrief described in paragraph (2), the eligible applicant shall notify the Secretary that the eligible applicant is requesting a debrief.

“(B) Debrief—If the eligible applicant submits a request for a debrief under subparagraph (A), the Secretary shall provide the debrief by not later than 60 days after the date on which the Secretary receives the request for a debrief.”

“(p) Reports

“(1) Annual report

“(A) In general—Notwithstanding any other provision of law, not later than 30 days after the date on which the Secretary selects a project for funding under this section, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that describes the reasons for selecting the project, based on any criteria established by the Secretary in accordance with this section.

“(B) Inclusions—The report submitted under subparagraph (A) shall specify each criterion established by the Secretary that the project meets.

“(C) Availability—The Secretary shall make available on the website of the Department of Transportation the report submitted under subparagraph (A).

“(D) Applicability—This paragraph applies to all projects described in subparagraph (A) that the Secretary selects on or after January 1, 2019.

“(2) Comptroller general

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

“(B) Report—Not later than 1 year after the date of enactment of the America's Transportation Infrastructure Act of 2019 and annually thereafter, the Comptroller General of the United States shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that describes, for each project selected to receive funding under this section—

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

“(ii) the factors that went into the selection of each project; and

“(iii) the justification for the selection of each project based on any criteria established by the Secretary in accordance with this section.

“(3) Inspector general—Not later than 1 year after the date of enactment of the America's Transportation Infrastructure Act of 2019 and annually thereafter, the Inspector General of the Department of Transportation shall—

“(A) conduct an assessment of the establishment, solicitation, selection, and justification process with respect to the funding of projects under this section; and

“(B) submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a final report that describes the findings of the Inspector General of the Department of Transportation with respect to the assessment conducted under subparagraph (A).

“(q) State incentives pilot program

“(1) Establishment—There is established a pilot program to award grants to eligible applicants for projects eligible for grants under this section (referred to in this subsection as the “pilot program”).

“(2) Priority—In awarding grants under the pilot program, the Secretary shall give priority to an application that offers a greater non-Federal share of the cost of a project relative to other applications under the pilot program.

“(3) Federal share

“(A) In general—Notwithstanding any other provision of law, the Federal share of the cost of a project assisted with a grant under the pilot program may not exceed 50 percent.

“(B) No federal involvement

“(i) In general—For grants awarded under the pilot program, except as provided in clause (ii), an eligible applicant may not use Federal assistance to satisfy the non-Federal share of the cost under subparagraph (A).

“(ii) Exception—An eligible applicant may use funds from a secured loan (as defined in section 601(a)) to satisfy the non-Federal share of the cost under subparagraph (A) if the loan is repayable from non-Federal funds.

“(4) Reservation

“(A) In general—Of the amounts made available to provide grants under this section, the Secretary shall reserve for each fiscal year $150,000,000 to provide grants under the pilot program.

“(B) Unutilized amounts—In any fiscal year during which applications under this subsection are insufficient to effect an award or allocation of the entire amount reserved under subparagraph (A), the Secretary shall use the unutilized amounts to provide other grants under this section.

“(5) Set-asides

“(A) Small projects

“(i) In general—Of the amounts reserved under paragraph (4)(A), the Secretary shall reserve for each fiscal year not less than 10 percent for projects eligible for a grant under subsection (e).

“(ii) Requirement—For a grant awarded from the amount reserved under clause (i)—

“(I) the requirements of subsection (e) shall apply; and

“(II) the requirements of subsection (g) shall not apply.

“(B) Rural projects

“(i) In general—Of the amounts reserved under paragraph (4)(A), the Secretary shall reserve for each fiscal year not less than 25 percent for projects eligible for a grant under subsection (i).

“(ii) Requirement—For a grant awarded from the amount reserved under clause (i), the requirements of subsection (i) shall apply.

“(6) Report to congress—Not later than 2 years after the date of enactment of this subsection, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that describes the administration of the pilot program, including—

“(A) the number, types, and locations of eligible applicants that have applied for grants under the pilot program;

“(B) the number, types, and locations of grant recipients under the pilot program;

“(C) an assessment of whether implementation of the pilot program has incentivized eligible applicants to offer a greater non-Federal share for grants under the pilot program; and

“(D) any recommendations for modifications to the pilot program.”

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

“(10) if the project is for the modernization or rehabilitation of a lock and dam that—

“(A) is functionally connected to the Federal-aid highway system; and

“(B) the Secretary determines is likely to contribute to the attainment or maintenance of a national ambient air quality standard; or

“(11) if the project is on a marine highway corridor, connector, or crossing designated by the Secretary under section 55601(c) of title 46 (including an inland waterway corridor, connector, or crossing) that—

“(A) is functionally connected to the Federal-aid highway system; and

“(B) the Secretary determines is likely to contribute to the attainment or maintenance of a national ambient air quality standard.”

“(4) Locks and dams; marine highways—For each fiscal year, a State may not obligate more than 10 percent of the funds apportioned to the State under section 104(b)(4) for projects described in paragraphs (10) and (11) of subsection (b).”

“(m) Operating assistance

“(1) In general—A State may obligate funds apportioned under section 104(b)(4) in an area of the State that is otherwise eligible for obligations of such funds for operating costs—

“(A) under chapter 53 of title 49; or

“(B) on—

“(i) a system for which CMAQ funding was eligible, made available, obligated, or expended in fiscal year 2012; or

“(ii) a State-supported Amtrak route with a valid cost-sharing agreement under section 209 of the Passenger Rail Investment and Improvement Act of 2008 (49 U.S.C. 24101 note; Public Law 110–432) and no current nonattainment areas under subsection (d).

“(2) No time limitation—Operating assistance provided under paragraph (1) shall have no imposed time limitation if the operating assistance is for—

“(A) a route described in subparagraph (B)(ii) of that paragraph; or

“(B) a transit system that is located in—

“(i) a non-urbanized area; or

“(ii) an urbanized area with a population of 200,000 or fewer.”

“124. Bridge investment program

“(a) Definitions—In this section:

“(1) Eligible project

“(A) In general—The term eligible project means a project to replace, rehabilitate, preserve, or protect 1 or more bridges on the National Bridge Inventory under section 144(b).

“(B) Inclusions—The term eligible project includes—

“(i) a bundle of projects described in subparagraph (A), regardless of whether the bundle of projects meets the requirements of section 144(j)(5); and

“(ii) a project to replace or rehabilitate culverts for the purpose of improving flood control and improved habitat connectivity for aquatic species.

“(2) Large project—The term large project means an eligible project with total eligible project costs of greater than $100,000,000.

“(3) Program—The term program means the bridge investment program established by subsection (b)(1).

“(b) Establishment of bridge investment program

“(1) In general—There is established a bridge investment program to provide financial assistance for eligible projects under this section.

“(2) Goals—The goals of the program shall be—

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

“(B) to 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 within the next 3 years;

“(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 within the next 3 years;

“(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; and

“(C) to provide financial assistance that leverages and encourages non-Federal contributions from sponsors and stakeholders involved in the planning, design, and construction of eligible projects.

“(c) Grant authority

“(1) In general—In carrying out the program, the Secretary may award grants, on a competitive basis, in accordance with this section.

“(2) Grant amounts—Except as otherwise provided, a grant under the program shall be—

“(A) in the case of a large project, in an amount that is—

“(i) adequate to fully fund the project (in combination with other financial resources identified in the application); and

“(ii) not less than $50,000,000; and

“(B) in the case of any other eligible project, in an amount that is—

“(i) adequate to fully fund the project (in combination with other financial resources identified in the application); and

“(ii) not less than $2,500,000.

“(3) Maximum amount—Except as otherwise provided, for an eligible project receiving assistance under the program, the amount of assistance provided by the Secretary under this section, as a share of eligible project costs, shall be—

“(A) in the case of a large project, not more than 50 percent; and

“(B) in the case of any other eligible project, not more than 80 percent.

“(4) Federal share

“(A) Maximum Federal involvement—Federal assistance other than a grant under the program may be used to satisfy the non-Federal share of the cost of a project for which a grant is made, except that the total Federal assistance provided for a project receiving a grant under the program may not exceed the Federal share for the project under section 120.

“(B) Off-system bridges—In the case of an eligible project for an off-system bridge (as defined in section 133(f)(1))—

“(i) Federal assistance other than a grant under the program may be used to satisfy the non-Federal share of the cost of a project; and

“(ii) notwithstanding subparagraph (A), the total Federal assistance provided for the project shall not exceed 90 percent of the total eligible project costs.

“(C) Federal land management agencies and Tribal governments—Notwithstanding any other provision of law, Federal funds other than Federal funds made available under this section may be used to pay the remaining share of the cost of a project under the program by a Federal land management agency or a Tribal government or consortium of Tribal governments.

“(5) Considerations

“(A) In general—In awarding grants under the program, the Secretary shall consider—

“(i) in the case of a large project, the ratings assigned under subsection (g)(5)(A);

“(ii) in the case of an eligible project other than a large project, the quality rating assigned under subsection (f)(3)(A)(ii);

“(iii) the average daily person and freight throughput supported by the eligible project;

“(iv) the number and percentage of bridges within the same State as the eligible project that are in poor condition;

“(v) the extent to which the eligible project demonstrates cost savings by bundling multiple bridge projects;

“(vi) in the case of an eligible project of a Federal land management agency, the extent to which the grant would reduce a Federal liability or Federal infrastructure maintenance backlog;

“(vii) geographic diversity among grant recipients, including the need for a balance between the needs of rural and urban communities; and

“(viii) the extent to which a bridge that would be assisted with a grant—

“(I) is, without that assistance—

“(aa) at risk of falling into or remaining in poor condition; or

“(bb) in fair condition and at risk of falling into poor condition within the next 3 years;

“(II) does not meet current geometric design standards based on—

“(aa) the current use of the bridge; or

“(bb) load and traffic requirements typical of the regional corridor or local network in which the bridge is located; or

“(III) does not meet current seismic design standards.

“(B) Requirement—The Secretary shall—

“(i) give priority to an application for an eligible project that is located within a State for which—

“(I) 2 or more applications for eligible projects within the State were submitted for the current fiscal year and an average of 2 or more applications for eligible projects within the State were submitted in prior fiscal years of the program; and

“(II) fewer than 2 grants have been awarded for eligible projects within the State under the program;

“(ii) during the period of fiscal years 2021 through 2025, for each State described in clause (i), select—

“(I) not fewer than 1 large project that the Secretary determines is justified under the evaluation under subsection (g)(4); or

“(II) 2 eligible projects that are not large projects that the Secretary determines are justified under the evaluation under subsection (f)(3); and

“(iii) not be required to award a grant for an eligible project that the Secretary does not determine is justified under an evaluation under subsection (f)(3) or (g)(4).

“(6) Culvert limitation—Not more than 5 percent of the amounts made available for each fiscal year for grants under the program may be used for eligible projects that consist solely of culvert replacement or rehabilitation.

“(d) Eligible entity—The Secretary may make a grant under the program to any of the following:

“(1) A State or a group of States.

“(2) A metropolitan planning organization that serves an urbanized area (as designated by the Bureau of the Census) with a population of over 200,000.

“(3) A unit of local government or a group of local governments.

“(4) A political subdivision of a State or local government.

“(5) A special purpose district or public authority with a transportation function.

“(6) A Federal land management agency.

“(7) A Tribal government or a consortium of Tribal governments.

“(8) A multistate or multijurisdictional group of entities described in paragraphs (1) through (7).

“(e) Eligible project requirements—The Secretary may make a grant under the program only to an eligible entity for an eligible project that—

“(1) in the case of a large project, the Secretary recommends for funding in the annual report on funding recommendations under subsection (g)(6);

“(2) is reasonably expected to begin construction not later than 18 months after the date on which funds are obligated for the project; and

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

“(f) Competitive process and evaluation of eligible projects other than large projects

“(1) Competitive process

“(A) In general—The Secretary shall—

“(i) for the first fiscal year for which funds are made available for obligation under the program, not later than 60 days after the date on which the template under subparagraph (B)(i) is developed, and in subsequent fiscal years, not later than 60 days after the date on which amounts are made available for obligation under the program, solicit grant applications for eligible projects other than large projects; and

“(ii) not later than 120 days after the date on which the solicitation under clause (i) expires, conduct evaluations under paragraph (3).

“(B) Requirements—In carrying out subparagraph (A), the Secretary shall—

“(i) develop a template for applicants to use to summarize project needs and benefits, including benefits described in paragraph (3)(B)(i); and

“(ii) enable applicants to use data from the National Bridge Inventory under section 144(b) to populate templates described in clause (i), as applicable.

“(2) Applications—An eligible entity shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require.

“(3) Evaluation

“(A) In general—Prior to providing a grant under this subsection, the Secretary shall—

“(i) conduct an evaluation of each eligible project for which an application is received under this subsection; and

“(ii) assign a quality rating to the eligible project on the basis of the evaluation under clause (i).

“(B) Requirements—In carrying out an evaluation under subparagraph (A), the Secretary shall—

“(i) consider information on project benefits submitted by the applicant using the template developed under paragraph (1)(B)(i), including whether the project will generate, as determined by the Secretary—

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

“(II) in the case of a bundle of projects, benefits from executing the projects as a bundle compared to as individual projects;

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

“(IV) person and freight mobility benefits, including congestion reduction and reliability improvements;

“(V) national or regional economic benefits;

“(VI) benefits from long-term resiliency to extreme weather events, flooding, or other natural disasters;

“(VII) benefits from protection (as described in section 133(b)(10)), including improving seismic or scour protection;

“(VIII) environmental benefits, including wildlife connectivity;

“(IX) benefits to nonvehicular and public transportation users;

“(X) benefits of using—

“(aa) innovative design and construction techniques; or

“(bb) innovative technologies; or

changed “(XI) reductions in maintenance costs, including, in the case of a federally owned federally-owned bridge, cost savings to the Federal budget; and

“(ii) consider whether and the extent to which the benefits, including the benefits described in clause (i), are more likely than not to outweigh the total project costs.

“(g) Competitive process, evaluation, and annual report for large projects

“(1) In general—The Secretary shall establish an annual date by which an eligible entity submitting an application for a large project shall submit to the Secretary such information as the Secretary may require, including information described in paragraph (2), in order for a large project to be considered for a recommendation by the Secretary for funding in the next annual report under paragraph (6).

“(2) Information required—The information referred to in paragraph (1) includes—

“(A) all necessary information required for the Secretary to evaluate the large project; and

“(B) information sufficient for the Secretary to determine that—

“(i) the large project meets the applicable requirements under this section; and

“(ii) there is a reasonable likelihood that the large project will continue to meet the requirements under this section.

“(3) Determination; notice—On making a determination that information submitted to the Secretary under paragraph (1) is sufficient, the Secretary shall provide a written notice of that determination to—

“(A) the eligible entity that submitted the application;

“(B) the Committee on Environment and Public Works of the Senate; and

“(C) the Committee on Transportation and Infrastructure of the House of Representatives.

“(4) Evaluation—The Secretary may recommend a large project for funding in the annual report under paragraph (6) only if the Secretary evaluates the proposed project and determines that the project is justified because the project—

“(A) addresses a need to improve the condition of the bridge, as determined by the Secretary, consistent with the goals of the program under subsection (b)(2);

“(B) will generate, as determined by the Secretary—

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

“(ii) in the case of a bundle of projects, benefits from executing the projects as a bundle compared to as individual projects;

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

“(iv) person and freight mobility benefits, including congestion reduction and reliability improvements;

“(v) national or regional economic benefits;

“(vi) benefits from long-term resiliency to extreme weather events, flooding, or other natural disasters;

“(vii) benefits from protection (as described in section 133(b)(10)), including improving seismic or scour protection;

“(viii) environmental benefits, including wildlife connectivity;

“(ix) benefits to nonvehicular and public transportation users;

“(x) benefits of using—

“(I) innovative design and construction techniques; or

“(II) innovative technologies; or

changed “(xi) reductions in maintenance costs, including, in the case of a federally owned federally-owned bridge, cost savings to the Federal budget;

“(C) is cost effective based on an analysis of whether the benefits and avoided costs described in subparagraph (B) are expected to outweigh the project costs;

“(D) is supported by other Federal or non-Federal financial commitments or revenues adequate to fund ongoing maintenance and preservation; and

“(E) is consistent with the objectives of an applicable asset management plan of the project sponsor, including a State asset management plan under section 119(e) in the case of a project on the National Highway System that is sponsored by a State.

“(5) Ratings

“(A) In general—The Secretary shall develop a methodology to evaluate and rate a large project on a 5-point scale (the points of which include “high”, “medium-high”, “medium”, “medium-low”, and “low”) for each of—

“(i) paragraph (4)(B);

“(ii) paragraph (4)(C); and

“(iii) paragraph (4)(D).

“(B) Requirement—To be considered justified and receive a recommendation for funding in the annual report under paragraph (6), a project shall receive a rating of not less than “medium” for each rating required under subparagraph (A).

“(6) Annual report on funding recommendations for large projects

“(A) In general—Not later than the first Monday in February of each year, the Secretary shall submit to the Committees on Transportation and Infrastructure and Appropriations of the House of Representatives and the Committees on Environment and Public Works and Appropriations of the Senate a report that includes—

“(i) a list of large projects that have requested a recommendation for funding under a new grant agreement from funds anticipated to be available to carry out this subsection in the next fiscal year;

“(ii) the evaluation under paragraph (4) and ratings under paragraph (5) for each project referred to in clause (i);

“(iii) the grant amounts that the Secretary recommends providing to large projects in the next fiscal year, including—

“(I) scheduled payments under previously signed multiyear grant agreements under subsection (j);

“(II) payments for new grant agreements, including single-year grant agreements and multiyear grant agreements; and

“(III) a description of how amounts anticipated to be available for the program from the Highway Trust Fund for that fiscal year will be distributed; and

“(iv) for each project for which the Secretary recommends a new multiyear grant agreement under subsection (j), the proposed payout schedule for the project.

“(B) Limitations

“(i) In general—The Secretary shall not recommend in an annual report under this paragraph a new multiyear grant agreement provided from funds from the Highway Trust Fund unless the Secretary determines that the project can be completed using funds that are anticipated to be available from the Highway Trust Fund in future fiscal years.

“(ii) General fund projects—The Secretary—

“(I) may recommend for funding in an annual report under this paragraph a large project using funds from the general fund of the Treasury; but

“(II) shall not execute a grant agreement for that project unless—

“(aa) funds other than from the Highway Trust Fund have been made available for the project; and

“(bb) the Secretary determines that the project can be completed using funds other than from the Highway Trust Fund that are anticipated to be available in future fiscal years.

“(C) Considerations—In selecting projects to recommend for funding in the annual report under this paragraph, the Secretary shall—

“(i) consider the amount of funds available in future fiscal years for multiyear grant agreements as described in subparagraph (B); and

“(ii) assume the availability of funds in future fiscal years for multiyear grant agreements that extend beyond the period of authorization based on the amount made available for large projects under the program in the last fiscal year of the period of authorization.

“(D) Project diversity—In selecting projects to recommend for funding in the annual report under this paragraph, the Secretary shall ensure diversity among projects recommended based on—

“(i) the amount of the grant requested; and

“(ii) grants for an eligible project for 1 bridge compared to an eligible project that is a bundle of projects.

“(h) Eligible project costs—A grant received for an eligible 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;

“(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; and

“(3) expenses related to the protection (as described in section 133(b)(10)) of a bridge, including seismic or scour protection.

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

“(j) Multiyear grant agreements for large projects

“(1) In general—A large project that receives a grant under the program in an amount of not less than $100,000,000 may be carried out through a multiyear grant agreement in accordance with this subsection.

“(2) Requirements—A multiyear grant agreement for a large project described in paragraph (1) shall—

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

“(B) establish the maximum amount of Federal financial assistance for the project in accordance with paragraphs (3) and (4) of subsection (c);

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

“(D) determine the period of time for completing the project, even if that period extends beyond the period of an authorization; and

“(E) attempt to improve timely and efficient management of the project, consistent with all applicable Federal laws (including regulations).

“(3) Special financial 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) Statement of contingent commitment—The agreement shall state that the contingent commitment is not an obligation of the Federal Government.

“(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—Notwithstanding any other provision of law, 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 for eligible project costs of the large project until the amount specified in the multiyear grant agreement for the project for that fiscal year becomes available for obligation; and

“(B) if the eligible entity uses funds as described in subparagraph (A), the funds used shall be reimbursed from the amount made available under the multiyear grant agreement for the project.

“(k) Undertaking parts of projects in advance under letters of no prejudice

“(1) In general—The Secretary may pay to an applicant all eligible project costs under the program, including costs for an activity for an eligible project incurred prior to the date on which the project receives funding under the program if—

“(A) before the applicant carries out the activity, the Secretary approves through a letter to the applicant the activity in the same manner as the Secretary approves other activities as eligible under the program;

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

“(C) the activity is carried out without Federal assistance and in accordance with all applicable procedures and requirements.

“(2) Interest and other financing costs

“(A) In general—For purposes of paragraph (1), the cost of carrying out an activity for an eligible project includes the amount of interest and other financing costs, including any interest earned and payable on bonds, to the extent interest and other financing costs are expended in carrying out the activity for the eligible project, except that interest and other financing costs may not be more than the cost of the most favorable financing terms reasonably available for the eligible project at the time of borrowing.

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

“(3) No obligation or influence on recommendations—An approval by the Secretary under paragraph (1)(A) shall not—

“(A) constitute an obligation of the Federal Government; or

“(B) alter or influence any evaluation under subsection (f)(3)(A)(i) or (g)(4) or any recommendation by the Secretary for funding under the program.

changed “(l) Federally owned Federally-owned bridges

“(1) Divestiture consideration—In the case of a bridge owned by a Federal land management agency for which that agency applies for a grant under the program, the agency—

“(A) shall consider options to divest the bridge to a State or local entity after completion of the project; and

“(B) may apply jointly with the State or local entity to which the bridge may be divested.

“(2) Treatment—Notwithstanding any other provision of law, section 129 shall apply to a bridge that was previously owned by a Federal land management agency and has been transferred to a non-Federal entity under paragraph (1) in the same manner as if the bridge was never federally owned.

“(m) Congressional notification—Not later than 30 days before making a grant for an eligible project under the program, the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a written notification of the proposed grant that includes—

“(1) an evaluation and justification for the eligible project; and

“(2) the amount of the proposed grant.

“(n) Reports

“(1) Annual report—Not later than August 1 of each fiscal year, the Secretary shall make available on the website of the Department of Transportation an annual report that lists each eligible project for which a grant has been provided under the program during the fiscal year.

“(2) GAO assessment and report—Not later than 3 years after the date of enactment of the America's Transportation Infrastructure Act of 2019, the Comptroller General of the United States shall—

“(A) conduct an assessment of the administrative establishment, solicitation, selection, and justification process with respect to the funding of grants under the program; and

“(B) submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a report that describes—

“(i) the adequacy and fairness of the process under which each eligible project that received a grant under the program was selected; and

“(ii) the justification and criteria used for the selection of each eligible project.

“(o) Limitation

“(1) Large projects—Of the amounts made available out of the Highway Trust Fund (other than the Mass Transit Account) to carry out this section for each of fiscal years 2021 through 2025, not less than 50 percent, in aggregate, shall be used for large projects.

“(2) Unutilized amounts—If, in fiscal year 2025, the Secretary determines that grants under the program will not allow for the requirement under paragraph (1) to be met, the Secretary shall use the unutilized amounts to make other grants under the program during that fiscal year.”

“171. Balance exchanges for infrastructure program

“(a) Definitions—In this section:

“(1) Administratively allocated—The term administratively allocated means the allocation by the Secretary of budget authority for a project under the TIFIA program that occurs when—

“(A) a potential applicant has been invited into the creditworthiness phase for a project under the TIFIA program; or

“(B) the project is subject to a master credit agreement (as defined in section 601(a)), in accordance with section 602(b)(2).

“(2) Appalachian State—The term Appalachian State means a State that contains 1 or more counties in the Appalachian region (as defined in section 14102(a) of title 40).

“(3) Program—The term program means the Balance Exchanges for Infrastructure Program established under subsection (b).

“(4) TIFIA carryover balance

“(A) In general—The term TIFIA carryover balance means the amounts made available for the TIFIA program for previous fiscal years that are unobligated and have not been administratively allocated.

“(B) Inclusion—The term TIFIA carryover balance includes—

“(i) the applicable amount of contract authority for the amounts described in subparagraph (A); and

“(ii) the equivalent amount of obligation limitation for the fiscal year in which the Secretary makes a transfer under subsection (f)(2).

“(5) TIFIA program—The term TIFIA program has the meaning given the term in section 601(a).

“(b) Establishment—The Secretary shall establish a program, to be known as the “Balance Exchanges for Infrastructure Program”, in accordance with this section to provide flexibility for the Secretary and States to improve highway infrastructure.

changed “(c) Offer To to fund projects or exchange funds

“(1) Solicitation—For each fiscal year for which an amount is reserved under subsection (f)(1), the Secretary shall—

“(A) not later than December 1 of that fiscal year—

“(i) solicit requests from Appalachian States to return amounts under subsection (d)(1)(A); and

“(ii) solicit applications from Appalachian States for grants under subsection (e); and

“(B) require that, not later than 60 days after the date of the solicitations under subparagraph (A), each Appalachian State that elects to participate in the program shall submit to the Secretary either—

“(i) a request that describes the amount that the Appalachian State requests to return under subsection (d)(1)(A); or

“(ii) an application for a grant under subsection (e).

“(d) Exchange agreements

“(1) In general—The Secretary shall enter into an agreement with each Appalachian State that submits a request under subsection (c)(1)(A)(i) under which—

“(A) the Appalachian State shall return to the Secretary all, or at the discretion of the Appalachian State, a portion of, the unobligated amounts from the Highway Trust Fund (including the applicable amount of contract authority and an equal amount of special no-year obligation limitation associated with that contract authority) apportioned to the Appalachian State for the Appalachian development highway system under section 14501 of title 40 (but not including any amounts made available by an appropriations Act without an initial authorization); and

“(B) the Secretary shall transfer to the Appalachian State, from amounts transferred to the program under subsection (f)(2) for that fiscal year, an amount (including the applicable amount of contract authority and an equal amount of annual obligation limitation) equal to the amount that the Appalachian State returned under subparagraph (A) that shall be used to carry out projects described in paragraph (3).

“(2) State limitation—The amount of contract authority returned by an Appalachian State under paragraph (1)(A) may not exceed the amount of the special no-year obligation limitation available to the Appalachian State prior to the return of the special no-year obligation limitation under that paragraph.

“(3) Eligible projects

“(A) In general—A project eligible to be carried out using funds transferred to an Appalachian State under paragraph (1)(B) is a project described in section 133(b).

“(B) Federal share—The Federal share of the cost of a project carried out using funds transferred to an Appalachian State under paragraph (1)(B) shall be up to 100 percent, at the discretion of the Appalachian State.

“(C) Application of section 133—Except as otherwise provided in this paragraph, section 133 shall not apply to a project carried out using funds transferred to an Appalachian State under paragraph (1)(B).

“(4) Total limitation—For each fiscal year, the total amount exchanged under paragraph (1) shall not exceed the amount available to be transferred to the program under subsection (f).

“(5) Amounts exchanged—For each fiscal year, if the total amount requested by all Appalachian States to return under paragraph (1)(A) is greater than the amount available to be transferred to the program under subsection (f), the Secretary shall exchange amounts under paragraph (1) based on the proportion that—

“(A) the amount requested to be returned for the fiscal year by the Appalachian State; bears to

“(B) the amount requested to be returned for the fiscal year by all Appalachian States.

“(e) Appalachian development highway system corridor grants

“(1) In general—Using amounts returned to the Secretary under subsection (d)(1)(A), the Secretary shall provide grants of contract authority, to remain available until expended, and subject to special no-year obligation limitation, on a competitive basis to Appalachian States for eligible projects described in paragraph (2).

“(2) Eligible project—A project eligible to be carried out with a grant under this subsection is a project that is—

“(A) eligible under section 14501 of title 40 as of the date of enactment of this section; and

“(B) reasonably expected to begin construction by not later than 2 years after the date of obligation of funds provided under this subsection for the project.

“(3) Application—To be eligible to receive a grant under this subsection, an Appalachian State shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require.

“(4) Federal share—The Federal share of the cost of a project carried out using a grant provided under this subsection shall be up to 100 percent, at the discretion of the Appalachian State.

“(5) Limitation—An Appalachian State that enters into an agreement to exchange funds under subsection (d) for any fiscal year shall not be eligible to receive a grant under this subsection.

“(f) Transfer from TIFIA program

“(1) In general—On October 1 of each fiscal year, the Secretary shall reserve, for the purpose of funding transfers under paragraph (2) until the transfers are completed, the amount of TIFIA carryover balance that exceeds the amount authorized to carry out the TIFIA program for that fiscal year.

“(2) Transfers—For each fiscal year, not later than 60 days after the date on which the Secretary receives the responses to the solicitations under subsection (c)(1) or the date on which the full appropriation for that fiscal year is available, whichever is later, the Secretary shall transfer from the TIFIA program to the program an amount of contract authority and an equal amount of obligation limitation, to remain available until expended, that is equal to the lesser of—

“(A) the total amount requested by all Appalachian States for the fiscal year under subsection (c)(1)(B)(i);

“(B) the total amount requested by all Appalachian States for grants under subsection (c)(1)(B)(ii); and

“(C) the amount reserved under paragraph (1).”

“174. Wildlife crossings pilot program

“(a) Finding—Congress finds that greater adoption of wildlife-vehicle collision safety countermeasures is in the public interest because—

“(1) according to the report of the Federal Highway Administration entitled “Wildlife-Vehicle Collision Reduction Study”, there are more than 1,000,000 wildlife-vehicle collisions every year;

“(2) wildlife-vehicle collisions—

“(A) present a danger to—

“(i) human safety; and

“(ii) wildlife survival; and

changed “(B) represent a persistent concern that results in tens of thousands of serious injuries and hundreds of fatalities on the roadways of the United States;States; and

“(3) the total annual cost associated with wildlife-vehicle collisions has been estimated to be $8,388,000,000; and

“(4) wildlife-vehicle collisions are a major threat to the survival of species, including birds, reptiles, mammals, and amphibians.

“(b) Establishment—The Secretary shall establish a competitive wildlife crossings pilot program (referred to in this section as the “pilot program”) to provide grants for projects that seek to achieve—

“(1) a reduction in the number of wildlife-vehicle collisions; and

“(2) in carrying out the purpose described in paragraph (1), improved habitat connectivity for terrestrial and aquatic species.

“(c) Eligible entities—An entity eligible to apply for a grant under the pilot program is—

“(1) a State highway agency, or an equivalent of that agency;

“(2) a metropolitan planning organization (as defined in section 134(b));

“(3) a unit of local government;

“(4) a regional transportation authority;

“(5) a special purpose district or public authority with a transportation function, including a port authority;

“(6) an Indian tribe (as defined in section 207(m)(1)), including a Native village and a Native Corporation (as those terms are defined in section 3 of the Alaska Native Claims Settlement Act (43 U.S.C. 1602));

“(7) a Federal land management agency; or

“(8) a group of any of the entities described in paragraphs (1) through (7).

“(d) Applications

“(1) In general—To be eligible to receive a grant under the pilot program, an eligible entity shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require.

“(2) Requirement—If an application under paragraph (1) is submitted by an eligible entity other than an eligible entity described in paragraph (1) or (7) of subsection (c), the application shall include documentation that the State highway agency, or an equivalent of that agency, of the State in which the eligible entity is located was consulted during the development of the application.

“(3) Guidance—To enhance consideration of current and reliable data, eligible entities may obtain guidance from an agency in the State with jurisdiction over fish and wildlife.

“(e) Considerations—In selecting grant recipients under the pilot program, the Secretary shall take into consideration the following:

“(1) Primarily, the extent to which the proposed project of an eligible entity is likely to protect motorists and wildlife by reducing the number of wildlife-vehicle collisions and improve habitat connectivity for terrestrial and aquatic species.

“(2) Secondarily, the extent to which the proposed project of an eligible entity is likely to accomplish the following:

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

“(B) Supporting local economic development and improvement of visitation opportunities.

“(C) Incorporation of innovative technologies, including advanced design techniques and other strategies to enhance efficiency and effectiveness in reducing wildlife-vehicle collisions and improving habitat connectivity for terrestrial and aquatic species.

“(D) Provision of educational and outreach opportunities.

“(E) Monitoring and research to evaluate, compare effectiveness of, and identify best practices in, selected projects.

“(F) Any other criteria relevant to reducing the number of wildlife-vehicle collisions and improving habitat connectivity for terrestrial and aquatic species, as the Secretary determines to be appropriate, subject to the condition that the implementation of the pilot program shall not be delayed in the absence of action by the Secretary to identify additional criteria under this subparagraph.

“(f) Use of funds

“(1) In general—The Secretary shall ensure that a grant received under the pilot program is used for a project to reduce wildlife-vehicle collisions.

“(2) Grant administration

“(A) In general—A grant received under the pilot program shall be administered by—

“(i) in the case of a grant to a Federal land management agency or an Indian tribe (as defined in section 207(m)(1)), including a Native village and a Native Corporation (as those terms are defined in section 3 of the Alaska Native Claims Settlement Act (43 U.S.C. 1602)), the Federal Highway Administration, through an agreement; and

“(ii) in the case of a grant to an eligible entity other than an eligible entity described in clause (i), the State highway agency, or an equivalent of that agency, for the State in which the project is to be carried out.

“(B) Partnerships

“(i) In general—A grant received under the pilot program may be used to provide funds to eligible partners of the project for which the grant was received described in clause (ii), in accordance with the terms of the project agreement.

“(ii) Eligible partners described—The eligible partners referred to in clause (i) include—

“(I) a metropolitan planning organization (as defined in section 134(b));

“(II) a unit of local government;

“(III) a regional transportation authority;

“(IV) a special purpose district or public authority with a transportation function, including a port authority;

“(V) an Indian tribe (as defined in section 207(m)(1)), including a Native village and a Native Corporation (as those terms are defined in section 3 of the Alaska Native Claims Settlement Act (43 U.S.C. 1602));

“(VI) a Federal land management agency;

“(VII) a foundation, nongovernmental organization, or institution of higher education;

“(VIII) a Federal, Tribal, regional, or State government entity; and

“(IX) a group of any of the entities described in subclauses (I) through (VIII).

“(3) Compliance—An eligible entity that receives a grant under the pilot program and enters into a partnership described in paragraph (2) shall establish measures to verify that an eligible partner that receives funds from the grant complies with the conditions of the pilot program in using those funds.

“(g) Requirement—The Secretary shall ensure that not less than 60 percent of the amounts made available for grants under the pilot program each fiscal year are for projects located in rural areas.

“(h) Annual report to Congress

“(1) In general—Not later than December 31 of each calendar year, the Secretary shall submit to Congress, and make publicly available, a report describing the activities under the pilot program for the fiscal year that ends during that calendar year.

“(2) Contents—The report under paragraph (1) shall include—

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

“(B) an evaluation of the effectiveness of the pilot program in meeting the purposes described in subsection (b); and

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

“175. Wildlife-vehicle collision reduction and habitat connectivity improvement

“(a) Study

“(1) In general—The Secretary shall conduct a study (referred to in this subsection as the study) of the state, as of the date of the study, of the practice of methods to reduce collisions between motorists and wildlife (referred to in this section as wildlife-vehicle collisions).

“(2) Contents

“(A) Areas of study—The study shall—

“(i) update and expand on, as appropriate—

“(I) the report entitled “Wildlife Vehicle Collision Reduction Study: 2008 Report to Congress”; and

“(II) the document entitled “Wildlife Vehicle Collision Reduction Study: Best Practices Manual” and dated October 2008; and

“(ii) include—

“(I) an assessment, as of the date of the study, of—

“(aa) the causes of wildlife-vehicle collisions;

“(bb) the impact of wildlife-vehicle collisions on motorists and wildlife; and

“(cc) the impacts of roads and traffic on habitat connectivity for terrestrial and aquatic species; and

“(II) solutions and best practices for—

“(aa) reducing wildlife-vehicle collisions; and

“(bb) improving habitat connectivity for terrestrial and aquatic species.

“(B) Methods—In carrying out the study, the Secretary shall—

“(i) conduct a thorough review of research and data relating to—

“(I) wildlife-vehicle collisions; and

“(II) habitat fragmentation that results from transportation infrastructure;

“(ii) survey current practices of the Department of Transportation and State departments of transportation to reduce wildlife-vehicle collisions; and

“(iii) consult with—

“(I) appropriate experts in the field of wildlife-vehicle collisions; and

“(II) appropriate experts on the effects of roads and traffic on habitat connectivity for terrestrial and aquatic species.

“(3) Report

“(A) In general—Not later than 18 months after the date of enactment of the America's Transportation Infrastructure Act of 2019, the Secretary shall submit to Congress a report on the results of the study.

“(B) Contents—The report under subparagraph (A) shall include—

“(i) a description of—

“(I) the causes of wildlife-vehicle collisions;

changed “(II) the impacts of wildlife-vehicle collisions; andcollisions;

“(III) the impacts of roads and traffic on—

“(aa) species listed as threatened species or endangered species under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.);

“(bb) species identified by States as species of greatest conservation need;

“(cc) species identified in State wildlife plans; and

“(dd) medium and small terrestrial and aquatic species;

“(ii) an economic evaluation of the costs and benefits of installing highway infrastructure and other measures to mitigate damage to terrestrial and aquatic species, including the effect on jobs, property values, and economic growth to society, adjacent communities, and landowners;

“(iii) recommendations for preventing wildlife-vehicle collisions, including recommended best practices, funding resources, or other recommendations for addressing wildlife-vehicle collisions; and

“(iv) guidance, developed in consultation with Federal land management agencies and State departments of transportation, State fish and wildlife agencies, and Tribal governments that agree to participate, for developing, for each State that agrees to participate, a voluntary joint statewide transportation and wildlife action plan—

“(I) to address wildlife-vehicle collisions; and

“(II) to improve habitat connectivity for terrestrial and aquatic species.

“(b) Workforce development and technical training

“(1) In general—Not later than 3 years after the date of enactment of the America's Transportation Infrastructure Act of 2019, the Secretary shall, based on the study conducted under subsection (a), develop a series of in-person and online workforce development and technical training courses—

“(A) to reduce wildlife-vehicle collisions; and

“(B) to improve habitat connectivity for terrestrial and aquatic species.

“(2) Availability—The Secretary shall—

“(A) make the series of courses developed under paragraph (1) available for transportation and fish and wildlife professionals; and

“(B) update the series of courses not less frequently than once every 2 years.

“(c) Standardization of wildlife collision and carcass data

“(1) Standardized methodology

“(A) In general—The Secretary, acting through the Administrator of the Federal Highway Administration (referred to in this subsection as the Secretary), shall develop a quality standardized methodology for collecting and reporting spatially accurate wildlife collision and carcass data for the National Highway System, considering the practicability of the methodology with respect to technology and cost.

“(B) Methodology—In developing the standardized methodology under subparagraph (A), the Secretary shall—

“(i) survey existing methodologies and sources of data collection, including the Fatality Analysis Reporting System, the General Estimates System of the National Automotive Sampling System, and the Highway Safety Information System; and

“(ii) to the extent practicable, identify and correct limitations of those existing methodologies and sources of data collection.

“(C) Consultation—In developing the standardized methodology under subparagraph (A), the Secretary shall consult with—

“(i) the Secretary of the Interior;

“(ii) the Secretary of Agriculture, acting through the Chief of the Forest Service;

“(iii) Tribal, State, and local transportation and wildlife authorities;

“(iv) metropolitan planning organizations (as defined in section 134(b));

“(v) members of the American Association of State Highway Transportation Officials;

“(vi) members of the Association of Fish and Wildlife Agencies;

“(vii) experts in the field of wildlife-vehicle collisions;

“(viii) nongovernmental organizations; and

“(ix) other interested stakeholders, as appropriate.

“(2) Standardized national data system with voluntary template implementation—The Secretary shall—

“(A) develop a template for State implementation of a standardized national wildlife collision and carcass data system for the National Highway System that is based on the standardized methodology developed under paragraph (1); and

“(B) encourage the voluntary implementation of the template developed under subparagraph (A).

“(3) Reports

“(A) Methodology—The Secretary shall submit to Congress a report describing the standardized methodology developed under paragraph (1) not later than the later of—

“(i) the date that is 18 months after the date of enactment of the America's Transportation Infrastructure Act of 2019; and

“(ii) the date that is 180 days after the date on which the Secretary completes the development of the standardized methodology.

“(B) Implementation—Not later than 4 years after the date of enactment of the America's Transportation Infrastructure Act of 2019, the Secretary shall submit to Congress a report describing—

“(i) the status of the voluntary implementation of the standardized methodology developed under paragraph (1) and the template developed under paragraph (2)(A);

“(ii) whether the implementation of the standardized methodology developed under paragraph (1) and the template developed under paragraph (2)(A) has impacted efforts by States, units of local government, and other entities—

“(I) to reduce the number of wildlife-vehicle collisions; and

“(II) to improve habitat connectivity;

“(iii) the degree of the impact described in clause (ii); and

“(iv) the recommendations of the Secretary, including recommendations for further study aimed at reducing motorist collisions involving wildlife and improving habitat connectivity for terrestrial and aquatic species on the National Highway System, if any.

“(d) National threshold guidance—The Secretary shall—

“(1) establish guidance, to be carried out by States on a voluntary basis, that contains a threshold for determining whether a highway shall be evaluated for potential mitigation measures to reduce wildlife-vehicle collisions and increase habitat connectivity for terrestrial and aquatic species, taking into consideration—

“(A) the number of wildlife-vehicle collisions on the highway that pose a human safety risk;

“(B) highway-related mortality and the effects of traffic on the highway on—

“(i) species listed as endangered species or threatened species under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.);

“(ii) species identified by a State as species of greatest conservation need;

“(iii) species identified in State wildlife plans; and

“(iv) medium and small terrestrial and aquatic species; and

“(C) habitat connectivity values for terrestrial and aquatic species and the barrier effect of the highway on the movements and migrations of those species.”

“(F) the publication of the Federal Highway Administration entitled “Wildlife Crossing Structure Handbook: Design and Evaluation in North America” and dated March 2011; and”

“(F) to ensure adequate passage of aquatic and terrestrial species, where appropriate.”

“(6) determine if the replacement or rehabilitation of bridges and tunnels should include measures to enable safe and unimpeded movement for terrestrial and aquatic species.”

“(3) Requirement—The first revision under paragraph (2) after the date of enactment of the America's Transportation Infrastructure Act of 2019 shall include techniques to assess passage of aquatic and terrestrial species and habitat restoration potential.”

“176. State human capital plans

“(a) In general—Not later than 18 months after the date of enactment of this section, the Secretary shall encourage each State to develop a voluntary plan, to be known as a “human capital plan”, that provides for the immediate and long-term personnel and workforce needs of the State with respect to the capacity of the State to deliver transportation and public infrastructure eligible under this title.

“(b) Plan contents

“(1) In general—A human capital plan developed by a State under subsection (a) shall, to the maximum extent practicable, take into consideration—

“(A) significant transportation workforce trends, needs, issues, and challenges with respect to the State;

“(B) the human capital policies, strategies, and performance measures that will guide the transportation-related workforce investment decisions of the State;

“(C) coordination with educational institutions, industry, organized labor, workforce boards, and other agencies or organizations to address the human capital transportation needs of the State;

“(D) a workforce planning strategy that identifies current and future human capital needs, including the knowledge, skills, and abilities needed to recruit and retain skilled workers in the transportation industry;

“(E) a human capital management strategy that is aligned with the transportation mission, goals, and organizational objectives of the State;

“(F) an implementation system for workforce goals focused on addressing continuity of leadership and knowledge sharing across the State;

“(G) an implementation system that addresses workforce competency gaps, particularly in mission-critical occupations;

“(H) in the case of public-private partnerships or other alternative project delivery methods to carry out the transportation program of the State, a description of workforce needs—

“(i) to ensure that the transportation mission, goals, and organizational objectives of the State are fully carried out; and

“(ii) to ensure that procurement methods provide the best public value;

“(I) a system for analyzing and evaluating the performance of the State department of transportation with respect to all aspects of human capital management policies, programs, and activities; and

“(J) the manner in which the plan will improve the ability of the State to meet the national policy in support of performance management established under section 150.

“(2) Planning period—If a State develops a human capital plan under subsection (a), the plan shall address a 5-year forecast period.

“(c) Plan updates—If a State develops a human capital plan under subsection (a), the State shall update the plan not less frequently than once every 5 years.

changed “(d) Relationship to long-Range long-range plan

“(1) In general—Subject to paragraph (2), a human capital plan developed by a State under subsection (a) may be developed separately from, or incorporated into, the long-range statewide transportation plan required under section 135.

“(2) Effect of section—Nothing in this section requires a State, or authorizes the Secretary to require a State, to incorporate a human capital plan into the long-range statewide transportation plan required under section 135.

“(e) Public availability—Each State that develops a human capital plan under subsection (a) shall make a copy of the plan available to the public in a user-friendly format on the website of the State department of transportation.

“(f) Savings provision—Nothing in this section prevents a State from carrying out transportation workforce planning—

“(1) not described in this section; or

“(2) not in accordance with this section.”

Section 150 of title 23, United States Code, is amended by adding at the end the following:

“(f) Exemptions for low population density states

“(1) In general—The Secretary shall grant, on the election of and in consultation with a State, an exemption from 1 or more of the requirements described in paragraph (2)(A) if the State—

“(A) is on the list of eligible States under paragraph (5) for the applicable performance period; and

“(B) provides a written notice of the election that includes an explanation under paragraph (4)(A).

“(2) Requirements described

“(A) State requirements—The requirements from which a State described in paragraph (1) may elect an exemption are—

“(i) requirements established under subclauses (IV) and (V) of subsection (c)(3)(A)(ii);

“(ii) requirements established under subsection (c)(5)(A);

“(iii) requirements established under subsection (c)(6); and

“(iv) targeting, data, reporting, or administrative requirements established under subsections (d) and (e) that are related to a requirement described in clause (i), (ii), or (iii) from which the State elects to receive an exemption.

“(B) Metropolitan planning organization requirements—A metropolitan planning organization with a metropolitan planning area that is located entirely within a State that is exempt shall be exempt from the requirements under section 134(h)(2)(B) that relate to each measure described in subparagraph (A) from which the State of the metropolitan planning organization is exempt.

changed “(3) Term—An exemption applied under paragraph (1)—(1) —

“(A) shall be in effect until the date that is 4 years after the date on which the performance period promulgated by the Secretary under subsection (d) in effect at the time the exemption is applied ends; and

“(B) may be renewed by the State for an additional 4-year term at the end of each performance period if, in accordance with paragraph (4)—

“(i) the State submits another written explanation; and

“(ii) the State continues to be included on the list of eligible States under paragraph (5).

“(4) Notification of election of exemption

“(A) In general—To be eligible to make an election under paragraph (1), not later than September 1 of the calendar year preceding the calendar year in which the next performance period promulgated by the Secretary under subsection (d) begins, a State described in that paragraph—

“(i) shall submit to the Secretary—

“(I) identification of the 1 or more requirements described in paragraph (2)(A) for which an exemption is elected; and

“(II) a written notice that includes an explanation advising the Secretary that the State is not experiencing significant performance issues on the surface transportation system of the State with respect to each requirement referred to in subclause (I); and

“(ii) may submit to the Secretary any other information or material that the State chooses to include in the notice.

“(B) Special rule—Notwithstanding the deadline described in subparagraph (A), a State described in paragraph (1) may submit a notice under subparagraph (A) at any time before September 1, 2021.

“(5) Eligible States

“(A) In general—Not later than 60 days after the date of enactment of this subsection and thereafter, on each September 1 of the calendar year 2 years prior to the calendar year in which the next performance period promulgated by the Secretary under subsection (d) begins, the Secretary shall publish a list of States that may elect to receive an exemption from a requirement described in paragraph (2)(A).

“(B) Inclusions—The Secretary shall include on the list under subparagraph (A)—

“(i) any State that—

“(I) has a population per square mile of area that is less than the population per square mile of area of the United States, based on the latest available Bureau of the Census data at the time the Secretary publishes the list;

“(II) does not include an urbanized area with a population of over 200,000 within the State; and

“(III) has no repeated delays or other persistent impediments to travel reliability on the portions of the National Highway System in the State that the Secretary determines to be excessive; and

“(ii) based on the latest available Bureau of the Census data at the time the Secretary publishes the list, any State that—

“(I) has a population density of less than 15 persons per square mile of area; and

“(II) does not include an urbanized area with a population of over 200,000.

“(6) National reporting

“(A) Eligible States—For each State included on the list of eligible States under paragraph (5), the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the status of traffic congestion, travel reliability, truck travel reliability, and any other relevant performance metrics on the portions of the National Highway System in the State, including any delays or impediments that the Secretary determines to be excessive.

“(B) Exempt States—For each eligible State under paragraph (5) that elects to receive an exemption under paragraph (1), the Secretary shall—

“(i) submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the results of performance measures for all exemptions applied to that State under this subsection; and

“(ii) make publicly available as part of the State performance dashboard on the Department of Transportation website information on the performance of the State with respect to any requirements from which the State is exempt.”

“(A) In general—The Secretary”

“(B) Frequency

“(i) In general—Except as provided in clauses (ii) and (iii), the Secretary shall carry out a review under subparagraph (A) not less frequently than once every 2 years.

“(ii) Consultation with State—The Secretary, after consultation with a State, may make a determination to carry out a review under subparagraph (A) for that State less frequently than provided under clause (i).

“(iii) Cause—If the Secretary determines that there is a specific reason to require a review more frequently than provided under clause (i) with respect to a State, the Secretary may carry out a review more frequently than provided under that clause.”

“177. Formula carbon reduction incentive program

“(a) Definitions—In this section:

“(1) Metropolitan planning organization; urbanized area—The terms metropolitan planning organization and urbanized area have the meaning given those terms in section 134(b).

“(2) Transportation emissions—The term transportation emissions means carbon dioxide emissions from on-road highway sources of those emissions within a State.

“(3) Transportation management area—The term transportation management area means a transportation management area identified or designated by the Secretary under section 134(k)(1).

“(b) Formula carbon reduction awards

“(1) In general—For each fiscal year, the Secretary shall distribute among the States the amounts made available to carry out this section for that fiscal year in accordance with paragraph (2).

“(2) Distribution—The amount for each State shall be determined by multiplying the total amount made available to carry out this section for the applicable fiscal year by the ratio that—

“(A) the total base apportionment for the State under section 104(c); bears to

“(B) the total base apportionments for all States under section 104(c).

“(c) Emissions reduction supplemental

“(1) In general—A State shall use 50 percent of the amount distributed to the State under subsection (b) for each fiscal year to carry out activities under paragraph (2).

“(2) Eligible activities—Subject to paragraph (3), a State and any metropolitan planning organization that is required to obligate funds in accordance with subsection (e) shall use the funds under paragraph (1) for activities designed to reduce transportation emissions, including—

“(A) a project described in paragraph (4), (5), (7), or (8) of subsection (b) of section 149 or subsection (c)(2) of that section, regardless of whether the project—

“(i) is located in an area designated as a nonattainment or maintenance area, as described in section 149(b); or

“(ii) is likely to contribute to the attainment or maintenance in the area of a national ambient air quality standard;

“(B) a project that is eligible for assistance under section 142;

“(C) a project for the provision of facilities for pedestrians and bicyclists (including the conversion and use of rail corridors for pedestrian and bike trails);

“(D) a project that is described in section 503(c)(4)(E);

“(E) a project to reduce emissions from port-related equipment and vehicles;

“(F) a project to replace street lighting and traffic control devices with energy efficient alternatives; and

“(G) the development of a carbon reduction strategy under subsection (d)(1)(A).

“(3) Limitation—No funds provided under paragraph (1) may be used for a project that will result in the construction of new capacity available to single-occupant vehicles.

“(4) Federal share—The Federal share of the cost of a project carried out with funds under paragraph (1) shall be determined in accordance with section 120.

“(d) Carbon reduction strategy planning incentive

“(1) Carbon reduction strategy

“(A) In general—A State may, in consultation with a metropolitan planning organization within the State, develop a carbon reduction strategy.

“(B) Requirements—If a State develops a carbon reduction strategy under subparagraph (A), the carbon reduction strategy shall—

“(i) identify projects and strategies to reduce transportation emissions, which may include projects and strategies for safe, reliable, and cost-effective options—

“(I) to reduce traffic congestion on Federal-aid highways located within the State or the area served by the metropolitan planning organization, as applicable;

“(II) to facilitate the use of alternatives to single-occupant vehicle trips, including public transportation facilities, pedestrian facilities, bicycle facilities, and shared or pooled vehicle trips within the State or an area served by the metropolitan planning organization, if any;

“(III) to facilitate the use of vehicles or modes of travel that result in lower transportation emissions per person-mile traveled; and

“(IV) to facilitate approaches to transportation asset construction and maintenance that result in lower transportation emissions;

“(ii) set targets for the reduction of transportation emissions and implementation of the projects and strategies identified under clause (i);

“(iii) be appropriate to the population density and context of the State, including a metropolitan planning organization within the State, if any;

“(iv) provide a reasonable opportunity for participation and review by interested parties within the State;

“(v) be updated not less frequently than once every 3 years; and

“(vi) be reviewed and certified by the Secretary to have met the requirements of this subparagraph.

“(2) Carbon reduction strategy planning incentive

“(A) In general—A State shall use 50 percent of the amounts made available to the State under subsection (b) for each fiscal year for the eligible activities under subparagraph (B).

“(B) Eligible activities

“(i) In general—A State and any metropolitan planning organization in the State that is required to obligate funds in accordance with subsection (e) may use the funds under subparagraph (A) for a project or strategy described in subsection (c)(2).

“(ii) Additional eligibility incentive—In addition to the eligible activities under clause (i), a State and any metropolitan planning organization in the State that is required to obligate funds in accordance with subsection (e) may use the funds under subparagraph (A) for a project eligible under section 133(b) if—

“(I) the State has, within the fiscal year prior to the fiscal year in which the Secretary is making the grant or by a deadline established by the Secretary in the fiscal year in which the Secretary is making the grant, developed a carbon reduction strategy under paragraph (1)(A) that has been approved by the Secretary under clause (vi) of that paragraph; or

“(II) the State or metropolitan planning organization has, within the 4 fiscal years prior to the fiscal year in which the Secretary is making the grant or by a deadline established by the Secretary in the fiscal year in which the Secretary is making the grant, incorporated a carbon reduction strategy under paragraph (1)(A) into—

“(aa) a long-range transportation plan developed by the metropolitan planning organization under section 134(c), if any; and

“(bb) the long-range statewide transportation plan developed by the State under section 135(f)(1).

“(C) Federal share—The Federal share of the cost of a project carried out using funds under subparagraph (A) shall be—

“(i) in the case of a State or metropolitan planning organization within a State that meets the requirements under subparagraph (B)(ii), up to 100 percent, at the discretion of the State; and

“(ii) in the case of a State or metropolitan planning organization within a State that is not described in clause (i), determined in accordance with section 120.

“(e) Suballocation requirements

“(1) In general—For each fiscal year, of the funds made available to a State under subsections (c) and (d)—

“(A) 65 percent of each amount shall be obligated, in proportion to their relative shares of the population of the State—

“(i) in urbanized areas of the State with an urbanized area population of over 200,000; and

“(ii) in other areas of the State; and

“(B) the remainder may be obligated in any area of the State.

“(2) Metropolitan areas—Funds attributed to an urbanized area under paragraph (1)(A)(i) may be obligated in the metropolitan area established under section 134 that encompasses the urbanized area.

“(3) Distribution among urbanized areas of over 200,000 population

“(A) In general—Except as provided in subparagraph (B), the amount that a State is required to obligate under paragraph (1)(A)(i) shall be obligated in urbanized areas described in paragraph (1)(A)(i) based on the relative population of the areas.

“(B) Other factors—The State may obligate the funds described in subparagraph (A) based on other factors if—

“(i) the State and the relevant metropolitan planning organizations jointly apply to the Secretary for the permission to base the obligation on other factors; and

“(ii) the Secretary grants the request.

“(4) Consultation in urbanized areas—Before obligating funds for an eligible activity under subsection (c) or (d) in an urbanized area that is not a transportation management area, a State shall consult with any metropolitan planning organization that represents the urbanized area prior to determining which activities should be carried out.

“(5) Consultation in rural areas—Before obligating funds for an eligible activity under subsection (c) or (d) in a rural area, a State shall consult with any regional transportation planning organization or metropolitan planning organization that represents the rural area prior to determining which activities should be carried out.

“178. Carbon reduction performance program

“(a) Definitions—In this section:

“(1) Metropolitan planning organization; urbanized area—The terms metropolitan planning organization and urbanized area have the meaning given those terms in section 134(b).

“(2) Qualifying State—The term qualifying State means a State in which—

changed “(A) the average annual transportation emissions within the State has grown more slowly or declined during the most recent 2-calendar-year 2-calendar year period for which data are available for transportation emissions at the time the Secretary is making the grant under this section, as compared to the 2-calendar-year 2-calendar year period that immediately precedes that period; or

changed “(B) the average annual transportation emissions within the State, as estimated on a per capita basis, has grown more slowly or declined during the most recent 2-calendar-year 2-calendar year period for which data are available for transportation emissions at the time the Secretary is making the grant under this section, as compared to the 2-calendar-year 2-calendar year period that immediately precedes that period.

“(3) Qualifying unit of local government—The term qualifying unit of local government means a unit of local government in an urbanized area served by a metropolitan planning organization, in which—

changed “(A) the average annual transportation emissions within the urbanized area has grown more slowly or declined during the most recent 2-calendar-year 2-calendar year period for which data are available for transportation emissions at the time the Secretary is making the grant under this section, as compared to the 2-calendar-year 2-calendar year period that immediately precedes that period; or

changed “(B) the average annual transportation emissions within the urbanized area, as estimated on a per capita basis, has grown more slowly or declined during the most recent 2-calendar-year 2-calendar year period for which data are available for transportation emissions at the time the Secretary is making the grant under this section, as compared to the 2-calendar-year 2-calendar year period that immediately precedes that period.

“(4) Transportation emissions—The term transportation emissions has the meaning given the term in section 177(a).

“(b) Carbon reduction performance and planning recognition awards

“(1) In general—The Secretary shall establish a competitive grant program to award grants to eligible entities in recognition of the achievement of the eligible entity in meeting the performance categories described in paragraph (3)(A).

“(2) Eligible entities—The Secretary shall distribute amounts under paragraph (1) to any of the following:

“(A) A qualifying State.

“(B) A qualifying unit of local government.

“(3) Performance categories

“(A) In general—The Secretary shall select eligible entities to receive a grant under paragraph (1) to recognize the achievement of the eligible entity in meeting any of the following performance categories:

“(i) A significant reduction in transportation emissions, as estimated on a per unit of economic output basis.

“(ii) A significant reduction in transportation emissions, as estimated on a per capita basis.

“(iii) Transportation emissions, as estimated on a per unit of economic output basis, that are among the lowest of jurisdictions with comparable population and surface transportation system characteristics.

“(iv) Transportation emissions, as estimated on a per capita basis, that are among the lowest of jurisdictions with comparable population and surface transportation system characteristics.

“(v) Innovative planning efforts and the implementation of a carbon reduction strategy under section 177(d)(1)(A) or plans that lead to a reduction in transportation emissions.

“(B) Merit based distribution—In selecting among eligible entities to receive grants under paragraph (1) and the amount of each of those grants, the Secretary shall give priority to eligible entities that have achieved the most significant levels of reductions of transportation emissions, as estimated on either a per unit of economic basis or on a per capita basis.

“(C) Multiple awards—The Secretary may—

“(i) award a grant under paragraph (1) to multiple eligible entities for each performance category described in subparagraph (A); and

“(ii) recognize achievements in each performance category described in subparagraph (A)—

“(I) in urban and rural areas; and

“(II) on the State and local level.

“(D) Repeat awards—The Secretary may not award a grant under this subsection to the same eligible entity more than once in a 2-year period.

“(4) Award amount—A grant under paragraph (1) shall be in an amount—

“(A) not less than $5,000,000; and

“(B) not more than $30,000,000.

“(5) Eligible uses—An eligible entity may use a grant under paragraph (1) for—

“(A) an activity eligible under this title; and

“(B) a project—

“(i) to maintain the condition of a Federal-aid highway, including routine maintenance; or

“(ii) that—

“(I) responds to a specific condition or event; and

“(II) restores a Federal-aid highway to a functional state of operations.

“(6) Applications—To be eligible to receive a grant under paragraph (1), an eligible entity shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require.

“(7) Federal share—The Federal share of the cost of a project carried out using a grant under paragraph (1) shall be, as determined at the discretion of the grant recipient, up to 100 percent.”

“179. Promoting Resilient Operations for Transformative, Efficient, and Cost-saving Transportation (PROTECT) grant program

“(a) Definitions—In this section:

“(1) Emergency event—The term emergency event means a natural disaster or catastrophic failure resulting in—

“(A) an emergency declared by the Governor of the State in which the disaster or failure occurred; or

“(B) an emergency or disaster declared by the President.

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

“(A) is owned, operated, or maintained by a Federal, State, Tribal, or local government or a private entity;

“(B) is used—

“(i) to transport the public away from emergency events; or

“(ii) to transport emergency responders and recovery resources; and

“(C) is designated by the eligible entity with jurisdiction over the area in which the route is located for the purposes described in subparagraph (B).

“(3) Program—The term program means the grant program established under subsection (b)(1).

“(4) Resilience improvement—The term resilience improvement means the use of materials or structural or nonstructural techniques, including natural infrastructure—

“(A) that allow a project—

“(i) to better anticipate, prepare for, and adapt to changing conditions and to withstand and respond to disruptions; and

“(ii) to be better able to continue to serve the primary function of the project during and after weather events and natural disasters for the expected life of the project; or

“(B) that—

“(i) reduce the magnitude and duration of impacts of current and future weather events and natural disasters to a project; or

“(ii) have the absorptive capacity, adaptive capacity, and recoverability to decrease project vulnerability to current and future weather events or natural disasters.

“(b) Establishment

“(1) In general—The Secretary shall establish a grant program, to be known as the “Promoting Resilient Operations for Transformative, Efficient, and Cost-saving Transportation grant program” or the “PROTECT grant program”.

“(2) Purpose—The purpose of the program is to provide grants for resilience improvements through—

“(A) formula funding distributed to States;

“(B) competitive planning grants to enable communities to assess vulnerabilities to current and future weather events and natural disasters and changing conditions, including sea level rise, and plan infrastructure improvements and emergency response strategies to address those vulnerabilities; and

“(C) competitive resilience improvement grants to protect—

“(i) infrastructure assets by making the assets more resilient to current and future weather events and natural disasters, such as severe storms, flooding, drought, levee and dam failures, wildfire, rockslides, mudslides, sea level rise, extreme weather, including extreme temperature, and earthquakes;

“(ii) communities through resilience improvements and strategies that allow for the continued operation or rapid recovery of surface transportation systems that—

“(I) serve critical local, regional, and national needs, including evacuation routes; and

“(II) provide access or service to hospitals and other medical or emergency service facilities, major employers, critical manufacturing centers, ports and intermodal facilities, utilities, and Federal facilities;

“(iii) coastal infrastructure, such as a tide gate, that is at long-term risk to sea level rise; and

“(iv) natural infrastructure that protects and enhances surface transportation assets while improving ecosystem conditions, including culverts that ensure adequate flows in rivers and estuarine systems.

“(c) Formula awards

“(1) Distribution of funds to States

“(A) In general—For each fiscal year, the Secretary shall distribute among the States the amounts made available to carry out this subsection for that fiscal year in accordance with subparagraph (B).

“(B) Distribution—The amount for each State shall be determined by multiplying the total amount made available to carry out this subsection for the applicable fiscal year by the ratio that—

“(i) the total base apportionment for the State under section 104(c); bears to

“(ii) the total base apportionments for all States under section 104(c).

“(2) Eligible activities

“(A) In general—Except as provided in subparagraph (B), a State shall use funds made available under paragraph (1) to carry out activities eligible under subparagraph (A), (B), or (C) of subsection (d)(4).

“(B) Planning set-aside—Of the amounts made available to each State under paragraph (1) for each fiscal year, not less than 2 percent shall be for activities described in subsection (d)(3).

“(3) Requirements

“(A) Projects in certain areas—If a project under this subsection is carried out, in whole or in part, within a base floodplain, the State shall—

“(i) identify the base floodplain in which the project is to be located and disclose that information to the Secretary; and

“(ii) indicate to the Secretary whether the State plans to implement 1 or more components of the risk mitigation plan under section 322 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5165) with respect to the area.

“(B) Eligibilities—A State shall use funds made available under paragraph (1) for—

“(i) a highway project eligible for assistance under this title;

“(ii) a public transportation facility or service eligible for assistance under chapter 53 of title 49;

“(iii) a facility or service for intercity rail passenger transportation (as defined in section 24102 of title 49); or

“(iv) a port facility, including a facility that—

“(I) connects a port to other modes of transportation;

“(II) improves the efficiency of evacuations and disaster relief; or

“(III) aids transportation.

“(C) System resilience—A project carried out by a State with funds made available under this subsection may include the use of natural infrastructure or the construction or modification of storm surge, flood protection, or aquatic ecosystem restoration elements that are functionally connected to a transportation improvement, such as—

“(i) increasing marsh health and total area adjacent to a highway right-of-way to promote additional flood storage;

“(ii) upgrades to and installing of culverts designed to withstand 100-year flood events;

“(iii) upgrades to and installation of tide gates to protect highways; and

“(iv) upgrades to and installation of flood gates to protect tunnel entrances.

“(D) Federal cost share

“(i) In general—Except as provided in subsection (f)(1), the Federal share of the cost of a project carried out using funds made available under paragraph (1) shall not exceed 80 percent of the total project cost.

“(ii) Non-federal share—A State may use Federal funds other than Federal funds made available under this subsection to meet the non-Federal cost share requirement for a project under this subsection.

“(E) Eligible project costs

“(i) In general—Except as provided in clause (ii), eligible project costs for activities carried out by a State with funds made available under paragraph (1) may include the costs of—

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

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

“(ii) Eligible planning costs—In the case of a planning activity described in subsection (d)(3) that is carried out by a State with funds made available under paragraph (1), eligible costs may include development phase activities, including planning, feasibility analysis, revenue forecasting, environmental review, preliminary engineering and design work, other preconstruction activities, and other activities consistent with carrying out the purposes of subsection (d)(3).

“(F) Limitations—In carrying out this subsection, a State—

“(i) may use not more than 25 percent of the amounts made available under this subsection for the construction of new capacity; and

“(ii) may use not more than 10 percent of the amounts made available under this subsection for activities described in subparagraph (E)(i)(I).

“(d) Competitive awards

“(1) In general—In addition to funds distributed to States under subsection (c)(1), the Secretary shall provide grants on a competitive basis under this subsection to eligible entities described in paragraph (2).

“(2) Eligible entities—The Secretary may make a grant under this subsection to any of the following:

“(A) A State 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) An Indian tribe (as defined in section 207(m)(1)).

“(F) A Federal land management agency that applies jointly with a State or group of States.

“(G) A multi-State or multijurisdictional group of entities described in subparagraphs (A) through (F).

“(3) Planning grants—Using funds made available under this subsection, the Secretary shall provide planning grants to eligible entities for the purpose of—

“(A) in the case of a State or metropolitan planning organization, developing a resilience improvement plan under subsection (f)(2);

“(B) resilience planning, predesign, design, or the development of data tools to simulate transportation disruption scenarios, including vulnerability assessments;

“(C) technical capacity building by the eligible entity to facilitate the ability of the eligible entity to assess the vulnerabilities of the infrastructure assets and community response strategies of the eligible entity under current conditions and a range of potential future conditions; or

“(D) evacuation planning and preparation.

“(4) Resilience grants

“(A) Resilience improvement grants

“(i) In general—Using funds made available under this subsection, the Secretary shall provide resilience improvement grants to eligible entities to carry out 1 or more eligible activities under clause (ii).

“(ii) Eligible activities

“(I) In general—An eligible entity may use a resilience improvement grant under this subparagraph for 1 or more construction activities to enable an existing surface transportation infrastructure asset to withstand 1 or more elements of a weather event or natural disaster, or to increase the resilience of surface transportation infrastructure from the impacts of changing conditions, such as sea level rise, flooding, extreme weather events, and other natural disasters.

“(II) Inclusions—An activity eligible to be carried out under this subparagraph includes—

“(aa) resurfacing, restoration, rehabilitation, reconstruction, replacement, improvement, or realignment of an existing surface transportation facility eligible for assistance under this title;

“(bb) the incorporation of natural infrastructure;

“(cc) the upgrade of an existing surface transportation facility to meet or exceed Federal Highway Administration approved design standards;

“(dd) the installation of mitigation measures that prevent the intrusion of floodwaters into surface transportation systems;

“(ee) strengthening systems that remove rainwater from surface transportation facilities;

changed “(ff) a resilience project that addresses identified vul­ner­a­bil­i­ties vulnerabilities described in the resilience improvement plan of the eligible entity, if applicable;

“(gg) relocating roadways in a base floodplain to higher ground above projected flood elevation levels, or away from slide prone areas;

“(hh) stabilizing slide areas or slopes;

“(ii) installing riprap;

“(jj) lengthening or raising bridges to increase waterway openings, including to respond to extreme weather;

“(kk) deepening channels to prevent flooding;

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

“(mm) installing seismic retrofits on bridges;

“(nn) adding scour protection at bridges;

“(oo) adding scour, stream stability, coastal, and other hydraulic countermeasures, including spur dikes; and

“(pp) any other protective features, including natural infrastructure, as determined by the Secretary.

“(iii) Priority—The Secretary shall prioritize a resilience improvement grant to an eligible entity if—

“(I) the Secretary determines—

“(aa) the benefits of the eligible activity proposed to be carried out by the eligible entity exceed the costs of the activity; and

“(bb) there is a need to address the vulnerabilities of infrastructure assets of the eligible entity with a high risk of, and impacts associated with, failure due to the impacts of weather events, natural disasters, or changing conditions, such as sea level rise and increased flood risk; or

“(II) the eligible activity proposed to be carried out by the eligible entity is included in the applicable resilience improvement plan under subsection (f)(2).

“(B) Community resilience and evacuation route grants

“(i) In general—Using funds made available under this subsection, the Secretary shall provide community resilience and evacuation route grants to eligible entities to carry out 1 or more eligible activities under clause (ii).

“(ii) Eligible activities—An eligible entity may use a community resilience and evacuation route grant under this subparagraph for 1 or more projects that strengthen and protect evacuation routes that are essential for providing and supporting evacuations caused by emergency events, including a project that—

“(I) is an eligible activity under subparagraph (A)(ii), if that eligible activity will improve an evacuation route;

“(II) ensures the ability of the evacuation route to provide safe passage during an evacuation and reduces the risk of damage to evacuation routes as a result of future emergency events, including restoring or replacing existing evacuation routes that are in poor condition or not designed to meet the anticipated demand during an emergency event, and including steps to protect routes from mud, rock, or other debris slides;

“(III) if the Secretary determines that existing evacuation routes are not sufficient to adequately facilitate evacuations, including the transportation of emergency responders and recovery resources, expands the capacity of evacuation routes to swiftly and safely accommodate evacuations, including installation of—

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

“(bb) counterflow measures; or

“(cc) shoulders;

“(IV) is for the construction of—

“(aa) new or redundant evacuation routes, if the Secretary determines that existing evacuation routes are not sufficient to adequately facilitate evacuations, including the transportation of emergency responders and recovery resources; or

“(bb) sheltering facilities that are functionally connected to an eligible project;

“(V) is for the acquisition of evacuation route or traffic incident management equipment, vehicles, or signage; or

“(VI) will ensure access or service to critical destinations, including hospitals and other medical or emergency service facilities, major employers, critical manufacturing centers, ports and intermodal facilities, utilities, and Federal facilities.

“(iii) Priority—The Secretary shall prioritize community resilience and evacuation route grants under this subparagraph for eligible activities that are cost-effective, as determined by the Secretary, taking into account—

“(I) current and future vulnerabilities to an evacuation route due to future occurrence or recurrence of emergency events that are likely to occur in the geographic area in which the evacuation route is located; and

“(II) projected changes in development patterns, demographics, and extreme weather events based on the best available evidence and analysis.

“(iv) Consultation—In providing grants for community resilience and evacuation routes under this subparagraph, the Secretary shall consult with the Administrator of the Federal Emergency Management Agency, who shall provide technical assistance to the Secretary and to eligible entities.

“(C) At-risk coastal infrastructure grants

“(i) Definition of coastal State—In this subparagraph, the term coastal State means—

“(I) a State in, or bordering on, the Atlantic, Pacific, or Arctic Ocean, the Gulf of Mexico, Long Island Sound, or 1 or more of the Great Lakes;

“(II) the United States Virgin Islands;

“(III) Guam;

“(IV) American Samoa; and

“(V) the Commonwealth of the Northern Mariana Islands.

“(ii) Grants—Using funds made available under this subsection, the Secretary shall provide at-risk coastal infrastructure grants to eligible entities in coastal States to carry out 1 or more eligible activities under clause (iii).

“(iii) Eligible activities—An eligible entity may use an at-risk coastal infrastructure grant under this subparagraph for strengthening, stabilizing, hardening, elevating, relocating, or otherwise enhancing the resilience of highway and non-rail infrastructure, including bridges, roads, pedestrian walkways, and bicycle lanes, and associated infrastructure, such as culverts and tide gates, that are subject to, or face increased long-term future risks of, a weather event, a natural disaster, or changing conditions, including coastal flooding, coastal erosion, wave action, storm surge, or sea level rise, in order to improve transportation and public safety and to reduce costs by avoiding larger future maintenance or rebuilding costs.

“(iv) Criteria—The Secretary shall provide at-risk coastal infrastructure grants under this subparagraph for a project—

“(I) that addresses the risks from a current or future weather event or natural disaster, including coastal flooding, coastal erosion, wave action, storm surge, or sea level change; and

“(II) that reduces long-term infrastructure costs by avoiding larger future maintenance or rebuilding costs.

“(v) Coastal benefits—In addition to the criteria under clause (iv), for the purpose of providing at-risk coastal infrastructure grants under this subparagraph, the Secretary shall evaluate the extent to which a project will provide—

“(I) access to coastal homes, businesses, communities, and other critical infrastructure, including access by first responders and other emergency personnel; or

“(II) access to a designated evacuation route.

“(5) Grant requirements

“(A) Solicitations for grants—In providing grants under this subsection, the Secretary shall conduct a transparent and competitive national solicitation process to select eligible projects to receive grants under paragraph (3) and subparagraphs (A), (B), and (C) of paragraph (4).

“(B) Applications

“(i) In general—To be eligible to receive a grant under paragraph (3) or subparagraph (A), (B), or (C) of paragraph (4), an eligible entity shall submit to the Secretary an application in such form, at such time, and containing such information as the Secretary determines to be necessary.

“(ii) Projects in certain areas—If a project is proposed to be carried out by the eligible entity, in whole or in part, within a base floodplain, the eligible entity shall—

“(I) as part of the application, identify the floodplain in which the project is to be located and disclose that information to the Secretary; and

“(II) indicate in the application whether, if selected, the eligible entity will implement 1 or more components of the risk mitigation plan under section 322 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5165) with respect to the area.

“(C) Eligibilities—The Secretary may make a grant under paragraph (3) or subparagraph (A), (B), or (C) of paragraph (4) only for—

“(i) a highway project eligible for assistance under this title;

“(ii) a public transportation facility or service eligible for assistance under chapter 53 of title 49;

“(iii) a facility or service for intercity rail passenger transportation (as defined in section 24102 of title 49); or

“(iv) a port facility, including a facility that—

“(I) connects a port to other modes of transportation;

“(II) improves the efficiency of evacuations and disaster relief; or

“(III) aids transportation.

“(D) System resilience—A project for which a grant is provided under paragraph (3) or subparagraph (A), (B), or (C) of paragraph (4) may include the use of natural infrastructure or the construction or modification of storm surge, flood protection, or aquatic ecosystem restoration elements that the Secretary determines are functionally connected to a transportation improvement, such as—

“(i) increasing marsh health and total area adjacent to a highway right-of-way to promote additional flood storage;

“(ii) upgrades to and installing of culverts designed to withstand 100-year flood events;

“(iii) upgrades to and installation of tide gates to protect highways; and

“(iv) upgrades to and installation of flood gates to protect tunnel entrances.

“(E) Federal cost share

“(i) Planning grant—The Federal share of the cost of a planning activity carried out using a planning grant under paragraph (3) shall be 100 percent.

“(ii) Resilience grants

“(I) In general—Except as provided in subclause (II) and subsection (f)(1), the Federal share of the cost of a project carried out using a grant under subparagraph (A), (B), or (C) of paragraph (4) shall not exceed 80 percent of the total project cost.

“(II) Tribal projects—On the determination of the Secretary, the Federal share of the cost of a project carried out using a grant under subparagraph (A), (B), or (C) of paragraph (4) by an Indian tribe (as defined in section 207(m)(1)) may be up to 100 percent.

“(iii) Non-federal share—The eligible entity may use Federal funds other than Federal funds provided under this subsection to meet the non-Federal cost share requirement for a project carried out with a grant under this subsection.

“(F) Eligible project costs

“(i) Resilience grant projects—Eligible project costs for activities funded with a grant under subparagraph (A), (B), or (C) of paragraph (4) may include the costs of—

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

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

“(ii) Planning grants—Eligible project costs for activities funded with a grant under paragraph (3) may include the costs of development phase activities, including planning, feasibility analysis, revenue forecasting, environmental review, preliminary engineering and design work, other preconstruction activities, and other activities consistent with carrying out the purposes of that paragraph.

“(G) Limitations—An eligible entity that receives a grant under subparagraph (A), (B), or (C) of paragraph (4)—

“(i) may use not more than 25 percent of the amount of the grant for the construction of new capacity; and

“(ii) may use not more than 10 percent of the amount of the grant for activities described in subparagraph (F)(i)(I).

“(H) Distribution of grants

“(i) In general—Subject to the availability of funds, an eligible entity may request and the Secretary may distribute funds for a grant under this subsection on a multiyear basis, as the Secretary determines to be necessary.

“(ii) Rural set-aside—Of the amounts made available to carry out this subsection for each fiscal year, the Secretary shall use not less than 25 percent for grants for projects located in areas that are outside an urbanized area with a population of over 200,000.

“(iii) Tribal set-aside—Of the amounts made available to carry out this subsection for each fiscal year, the Secretary shall use not less than 2 percent for grants to Indian tribes (as defined in section 207(m)(1)).

“(iv) Reallocation—For any fiscal year, if the Secretary determines that the amount described in clause (ii) or (iii) will not be fully utilized for the grant described in that clause, the Secretary may reallocate the unutilized funds to provide grants to other eligible entities under this subsection.

“(e) Consultation—In carrying out the program, the Secretary shall—

“(1) consult with the Assistant Secretary of the Army for Civil Works, the Administrator of the Environmental Protection Agency, the Secretary of the Interior, and the Secretary of Commerce; and

“(2) solicit technical support from the Administrator of the Federal Emergency Management Agency.

“(f) Resilience improvement plan and lower non-Federal share

“(1) Federal share reductions

“(A) In general—A State that receives funds under subsection (c) or an eligible entity that receives a grant under subsection (d) shall have the non-Federal share of a project carried out with the funds or grant, as applicable, reduced by an amount described in subparagraph (B) if the State or eligible entity meets the applicable requirements under that subparagraph.

“(B) Amount of reductions

“(i) Resilience improvement plan—Subject to clause (iii), the amount of the non-Federal share of the costs of a project carried out with funds under subsection (c) or a grant under subsection (d) shall be reduced by 7 percentage points if—

“(I) in the case of a State or an eligible entity that is a State or a metropolitan planning organization, the State or eligible entity has—

“(aa) developed a resilience improvement plan in accordance with this subsection; and

“(bb) prioritized the project on that resilience improvement plan; and

“(II) in the case of an eligible entity not described in subclause (I), the eligible entity is located in a State or an area served by a metropolitan planning organization that has—

“(aa) developed a resilience improvement plan in accordance with this subsection; and

“(bb) prioritized the project on that resilience improvement plan.

“(ii) Incorporation of resilience improvement plan in other planning—Subject to clause (iii), the amount of the non-Federal share of the cost of a project carried out with funds under subsection (c) or a grant under subsection (d) shall be reduced by 3 percentage points if—

“(I) in the case of a State or an eligible entity that is a State or a metropolitan planning organization, the resilience improvement plan developed in accordance with this subsection has been incorporated into the metropolitan transportation plan under section 134 or the long-range statewide transportation plan under section 135, as applicable; and

“(II) in the case of an eligible entity not described in subclause (I), the eligible entity is located in a State or an area served by a metropolitan planning organization that incorporated a resilience improvement plan into the metropolitan transportation plan under section 134 or the long-range statewide transportation plan under section 135, as applicable.

“(iii) Limitations

“(I) Maximum reduction—A State or eligible entity may not receive a reduction under this paragraph of more than 10 percentage points for any single project carried out with funds under subsection (c) or a grant under subsection (d).

“(II) No negative non-Federal share—A reduction under this paragraph shall not reduce the non-Federal share of the costs of a project carried out with funds under subsection (c) or a grant under subsection (d) to an amount that is less than zero.

“(2) Plan contents—A resilience improvement plan referred to in paragraph (1)—

“(A) shall be for the immediate and long-range planning activities and investments of the State or metropolitan planning organization with respect to resilience;

“(B) shall demonstrate a systemic approach to transportation system resilience and be consistent with and complementary of the State and local mitigation plans required under section 322 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5165);

“(C) shall—

“(i) include a risk-based assessment of vulnerabilities of transportation assets and systems to current and future weather events and natural disasters, such as severe storms, flooding, drought, levee and dam failures, wildfire, rockslides, mudslides, sea level rise, extreme weather, including extreme temperatures, and earthquakes;

“(ii) designate evacuation routes and strategies, including multimodal facilities, designated with consideration for individuals without access to personal vehicles;

“(iii) plan for response to anticipated emergencies, including plans for the mobility of—

“(I) emergency response personnel and equipment; and

“(II) access to emergency services, including for vulnerable or disadvantaged populations;

“(iv) describe the resilience improvement policies, including strategies, land-use and zoning changes, investments in natural infrastructure, or performance measures that will inform the transportation investment decisions of the State or metropolitan planning organization with the goal of increasing resilience;

“(v) include an investment plan that—

“(I) includes a list of priority projects; and

“(II) describes how funds provided by a grant under the program would be invested and matched, which shall not be subject to fiscal constraint requirements; and

“(vi) use science and data and indicate the source of data and methodologies; and

“(D) shall, as appropriate—

“(i) include a description of how the plan will improve the ability of the State or metropolitan planning organization—

“(I) to respond promptly to the impacts of weather events and natural disasters; and

“(II) to be prepared for changing conditions, such as sea level rise and increased flood risk;

“(ii) describe the codes, standards, and regulatory framework, if any, adopted and enforced to ensure resilience improvements within the impacted area of proposed projects included in the resilience improvement plan;

“(iii) consider the benefits of combining hard infrastructure assets, and natural infrastructure, through coordinated efforts by the Federal Government and the States;

“(iv) assess the resilience of other community assets, including buildings and housing, emergency management assets, and energy, water, and communication infrastructure;

“(v) use a long-term planning period; and

“(vi) include such other information as the eligible entity considers appropriate.

“(3) No new planning requirements—Nothing in this section requires a metropolitan planning organization or a State to develop a resilience improvement plan or to include a resilience improvement plan under the metropolitan transportation plan under section 134 or the long-range statewide transportation plan under section 135, as applicable, of the metropolitan planning organization or State.

“(g) Monitoring

“(1) In general—Not later than 18 months after the date of enactment of this section, the Secretary, in consultation with the officials described in subsection (e), shall—

“(A) establish, for the purpose of evaluating the effectiveness and impacts of projects carried out under the program—

“(i) subject to paragraph (2), transportation and any other metrics as the Secretary determines to be necessary; and

“(ii) procedures for monitoring and evaluating projects based on those metrics; and

“(B) select a representative sample of projects to evaluate based on the metrics and procedures established under subparagraph (A).

“(2) Notice—Before adopting any metrics described in paragraph (1), the Secretary shall—

“(A) publish the proposed metrics in the Federal Register; and

“(B) provide to the public an opportunity for comment on the proposed metrics.

“(h) Reports

“(1) Reports from eligible entities—Not later than 1 year after the date on which a project carried out under the program is completed, the entity that carried out the project shall submit to the Secretary a report on the results of the project and the use of the funds received under the program.

“(2) Reports to Congress

“(A) Annual reports—The Secretary shall submit to Congress, and publish on the website of the Department of Transportation, an annual report that describes the implementation of the program during the preceding calendar year, including—

“(i) each project for which a grant was provided under the program;

“(ii) information relating to project applications received;

“(iii) the manner in which the consultation requirements were implemented under this section;

“(iv) recommendations to improve the administration of the program, including whether assistance from additional or fewer agencies to carry out the program is appropriate;

“(v) the period required to disburse grant funds to recipients based on applicable Federal coordination requirements; and

“(vi) a list of facilities that repeatedly require repair or reconstruction due to emergency events.

“(B) Final report—Not later than 5 years after the date of enactment of the America's Transportation Infrastructure Act of 2019, the Secretary shall submit to Congress a report that includes the results of the reports submitted under subparagraph (A).

“(i) Administrative expenses—The Secretary shall use not more than 5 percent of the amounts made available to carry out the program for each fiscal year for the costs of administering the program, including monitoring and evaluation under subsection (g).”

“(D) for a project in which the project sponsor intends to carry out the project through a public-private partnership agreement, shall include a detailed value for money analysis or similar comparative analysis for the project; and”

“(11) Public-private partnerships—In the case of a project to be carried out through a public-private partnership, the public partner shall have—

“(A) conducted a value for money analysis or similar comparative analysis; and

“(B) determined the appropriateness of the public-private partnership agreement.”