H.R. 3684 — what changed

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

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

“(3) Areas of persistent poverty—The term areas of persistent poverty means—

“(A) any county that has had 20 percent or more of the population of such county living in poverty over the past 30 years, as measured by the 1990 and 2000 decennial censuses and the most recent Small Area Income and Poverty Estimates;

“(B) any census tract with a poverty rate of at least 20 percent, as measured by the most recent 5-year data series available from the American Community Survey of the Bureau of the Census for all States and Puerto Rico; or

“(C) any other territory or possession of the United States that has had 20 percent or more of its population living in poverty over the past 30 years, as measured by the 1990, 2000, and 2010 decennial censuses, or equivalent data, of the Bureau of the Census.”

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

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

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

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

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

“(A) is used to transport—

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

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

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

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

“(23) Natural infrastructure

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

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

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

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

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

“(28) Protective feature

“(A) In general—The term protective feature means an improvement to a highway, bridge, or other transportation facility designed to increase resilience or mitigate the risk of recurring damage or the cost of future repairs from climate change effects (including sea level rise), flooding, and extreme events or other natural disasters (including wildfires, seismic activity, and landslides).

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

“(i) raising roadway grades;

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

changed “(iii) stabilizing slide areas;areas, including areas that are at risk of flooding, rockslides, and mudslides following a wildfire;

“(iv) stabilizing slopes;

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

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

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

“(viii) installing seismic retrofits on bridges;

“(ix) scour, stream stability, coastal, and other hydraulic countermeasures;

“(x) the use of natural infrastructure;

“(xi) integration of the use of traditional and natural infrastructure features;

“(xii) undergrounding public utilities in the course of other infrastructure improvements eligible under this title; and

“(xiii) permeable pavements for stormwater management.”

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

“(32) Resilience

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

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

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

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

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

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

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

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

changed “(41) Transportation demand management strategies—The term transportation demand management strategies means the use of planning, programs, policy, marketing, communications, incentives, pricing, data, and technology to shift travel mode, routes used, departure times, number of trips, and location and design of work space spaces or public attractions.

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

“(A) the impacts of the level of travel stress for non-motorized users;

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

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

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

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

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

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

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

“(vi) innovative pavement materials that demonstrate reductions in—

“(I) greenhouse gas emissions through sequestration or innovative manufacturing processes; or

“(II) local air pollution, stormwater runoff, or noise pollution;

“(vii) innovative culvert materials that are made with recycled content and demonstrate reductions in greenhouse gas emissions;

“(viii) contractual provisions that provide safety contingency funds to incorporate safety enhancements to work zones prior to or during roadway construction and maintenance activities; or”

added “(4) Environmental justice communities—The Federal share payable on account of a project, program, or activity carried out with funds apportioned under section 104(b)(5) may be increased by up to 10 percent, up to 100 percent of the total project cost of any such project, program, or activity that the Secretary determines benefits an environmental justice community through reducing adverse environmental exposures that may disproportionately impact such communities.”

“(1) In general

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

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

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

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

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

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

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

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

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

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

“(B) Agreement to toll

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

“(ii) Applicability

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

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

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

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

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

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

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

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

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

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

“(D) Consideration of impacts

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

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

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

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

“(IV) Environmental justice and equity impacts.

“(V) Impacts on freight movement.

“(VI) Economic impacts on businesses.

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

“(E) Congestion pricing

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

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

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

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

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

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

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

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

“(iv) Determination

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

changed “(II) Degraded corridor or cordon—For the purposes of clause (iii)(III), a corridor Corridor or cordon shall be considered to be degraded if congestion pricing operation—The public authority with jurisdiction over or investments to that operates the toll facility shall consider options that improve public transportation or other non-tolled alternatives have not resulted in—that improve mobility and efficiency in the corridor or cordon, including increased person or freight throughput or reduced person hours of delay.

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

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

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

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

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

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

added “(IV) Efficient operation—The Secretary may set efficiency and mobility performance standards as an alternative to minimum operating speed for a toll facility if determined appropriate based on the context of such toll facility.

“(v) Maintenance of operating performance

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

changed “(I) In general—Not “(II) Notice of approval or disapproval—Not later than 180 60 days after the date on which a facility or of receipt of a corridor or cordon becomes degraded plan under clause (iv), the public authority with jurisdiction over subclause (I), the facility Secretary shall submit provide to the Secretary for approval public authority a written notice indicating whether the Secretary has approved or disapproved the plan that details based on a determination of whether the actions implementation of the public authority plan will take to make significant progress toward bringing the toll facility or corridor or cordon into compliance with this subparagraph.

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

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

changed “(aa) the “(bb) any actions taken to bring improve the facility into compliance;operation of the corridor or cordon; and

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

“(cc) the progress made by those actions.

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

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

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

changed “(v) any project eligible under this title or chapter 53 of title 49 that improves the operation of provides an efficiency or mobility benefit in the corridor or cordon cordon, including by increasing person or freight throughput and throughput, increasing public transportation service, or reducing person hours of delay;

changed “(vi) toll discounts or public transportation fare discounts, subsidies, or rebates for users of the toll facility or public transportation in the corridor that have no reasonable alternative transportation method to the toll facility; facility or for whom the tolls or public transportation fares create a financial hardship, as determined by the public authority; and

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

“(B) Transparency

“(i) Annual audit

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

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

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

“(10) Interoperability of electronic toll collection

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

“(B) Prohibition on restriction—No State, or any political subdivision thereof, shall restrict the information that is shared across public and private toll facility operators or their agents or contractors for purposes of facilitating, operating, or maintaining electronic toll collection programs.

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

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

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

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

“(C) Initial construction

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

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

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

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

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

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

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

“(h) Waiver procedure

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

“(2) Public notification and comment

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

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

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

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

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

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

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

“(i) Review of nationwide waivers

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

“(2) Public notification and opportunity for comment

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

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

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

changed “(4) Consideration—In conducting the review under paragraph (1), the Secretary shall consider the research study on supply chains carried out under section 1112(c) of the INVEST in America Act.

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

“(k) Construction materials defined—In this section, the term construction materials means primary materials, except for iron and steel, that are commonly used in highway construction, as determined by the Secretary.”

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

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

“(1) to provide support for the condition and performance of the National Highway System, consistent with the asset management plans of States;

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

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

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

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

“(R) Projects on or off the National Highway System to enhance resilience of a transportation facility eligible under section 124, including protective features and natural infrastructure.

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

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

“(U) The removal, retrofit, repurposing, remediation, or replacement of a highway on the National Highway System that creates a barrier to community connectivity to improve access for multiple modes of transportation.”

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

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

“(B) demonstrates that the project—

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

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

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

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

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

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

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

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

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

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

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

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

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

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

“(20) roads in rural areas that primarily serve to transport agricultural products from a farm or ranch to a marketplace.

“(21) The removal, retrofit, repurposing, remediation, or replacement of a highway or other transportation facility that creates a barrier to community connectivity to improve access for multiple modes of transportation.”

“(3) for a project described in—

“(A) subsection (h); or

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

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

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

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

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

“(3) Local coordination and consultation

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

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

“(ii) describe how funds described under paragraph (1)(A)(ii) will be allocated equitably among such urbanized areas during the period of fiscal years 2023 through 2026.

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

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

“(6) Technical assistance

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

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

“(ii) funding for one or more full-time State, regional, or local government employee positions to administer this subsection.

changed “(B) Eligible funds—To carry out this paragraph, a State or metropolitan planning organization may use funds made available under paragraphs (2) or (6) of section 104(b)104(b).

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

“(i) directly by the State or metropolitan planning organization; or

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

“(3) Annual amounts—To the extent practicable, each State shall annually notify each affected metropolitan planning organization as to the amount of obligation authority that will be made available under paragraph (1) to each affected metropolitan planning organization for the fiscal year.”

“(f) Bridges not on Federal-Aid highways

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

“(2) Special rule

“(A) Set aside—Of the amounts apportioned to a State for each fiscal year under this section other than the amounts described in subparagraph (C), the State shall obligate for activities described in subsection (b)(2) (as in effect on the day before the date of enactment of the FAST Act) for off-system bridges an amount that is not less than 20 percent of the amounts available to such State under this section in fiscal year 2020, not including the amounts described in subparagraph (C).

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

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

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

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

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

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

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

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

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

“(h) Transportation alternatives program set-Aside

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

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

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

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

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

“(2) Allocation within a State

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

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

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

“(B) Local control

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

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

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

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

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

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

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

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

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

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

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

“(E) Community improvement activities, including—

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

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

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

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

added “(v) the planting of trees, appropriate to the region, in street medians, islands, and along sidewalks in order to complement traffic calming techniques.

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

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

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

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

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

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

“(4) Access to funds

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

“(B) Priority—The processes described in subparagraph (A) shall prioritize project location and impact in low-income, transit-dependent, or other high-need areas.

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

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

“(ii) a regional transportation authority;

“(iii) a transit agency;

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

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

“(vi) a tribal government;

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

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

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

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

“(5) Continuation of certain recreational trails projects

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

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

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

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

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

“(6) Improving accessibility and efficiency

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

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

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

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

“(i) directly by the State; or

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

“(C) Improving project delivery

“(i) In general—The Secretary shall take such action as may be necessary, consistent with Federal requirements, to facilitate efficient and timely delivery of projects under this subsection that are small, low impact, and constructed within an existing built environment.

“(ii) Considerations—The Secretary shall consider the use of programmatic agreements, expedited or alternative procurement processes (including project bundling), and other effective practices to facilitate the goals of this paragraph.

“(7) Federal share

“(A) Flexible match

“(i) In general—Notwithstanding section 120—

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

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

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

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

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

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

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

“(8) Flexibility

“(A) State authority

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

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

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

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

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

“(B) MPO authority

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

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

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

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

“(9) Annual reports

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

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

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

“(II) the types of projects by eligibility category to be carried out, expressed as percentages of the total apportionment of the State under this subsection; and

“(ii) the list of each project selected for funding for each fiscal year, including specifying the fiscal year for which the project was selected, the fiscal year in which the project is anticipated to be funded, the recipient, the funding sources (including non-Federal match), the project status, the specific location, the congressional district, the type by eligibility category, and a brief description.

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

“(l) Highway bridge replacement and rehabilitation

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

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

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

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

“(i) the number of bridges—

“(I) in poor condition; or

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

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

“(I) in poor condition; or

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

“(iii) the number of bridges that—

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

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

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

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

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

added “(D) increase the resilience of bridges, including the ability to withstand disruptions from a seismic event.

“(2) Bridges on public roads

“(A) Minimum bridge investment—Excluding the amounts described in subparagraph (C), of the total funds apportioned to a State under paragraphs (1) and (2) of section 104(b) for fiscal years 2023 to 2026, a State shall obligate not less than 20 percent for projects described in subparagraph (E).

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

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

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

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

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

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

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

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

“(ii) support the achievement of performance targets of the State established under section 150, are consistent with the transportation asset management plan of the State, or provide support for the condition and performance of bridges on public roads within the State; and

“(iii) remove, replace, reconstruct, rehabilitate, preserve, or protect a bridge included on the national bridge inventory authorized by subsection (b), including through—

“(I) seismic retrofits;

“(II) systematic preventive maintenance;

“(III) installation of scour countermeasures;

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

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

“(VI) painting for purposes of bridge protection;

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

“(VIII) corrosion control;

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

“(X) bridge security countermeasures;

“(XI) impact protection measures for bridges;

“(XII) inspection and evaluation of bridges;

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

“(XIV) removal of a bridge classified as in poor condition in order to improve community connectivity.

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

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

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

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

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

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

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

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

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

“(iv) a summary of—

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

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

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

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

“(v) a summary of—

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

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

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

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

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

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

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

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

added “(7) if the project or program utilizes transportation demand management strategies, shifts traffic demand to nonpeak hours or other transportation modes, increases vehicle occupancy rates, or otherwise reduces demand for roads through such means as telecommuting, ridesharing, carsharing, shared micromobility (including bikesharing and shared scooter systems), publicly accessible charging stations, docks, and storage for electric bicycles and micromobility devices, alternative work hours, and pricing;”

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

added “(11) if the project or program is for the point-of-sale purchase of zero-emission medium- and heavy-duty vehicles or related zero-emission operations equipment, or supports battery electric charging or fuel cell electric refueling infrastructure and related equipment for medium- and heavy-duty vehicles in projects or programs such as depot infrastructure and infrastructure along routes servicing regional freight hubs; or

added “(12) if the project or program of projects involves the deployment of hyperlocal air quality mobile monitoring systems primarily to monitor transportation-related emissions.”

“(m) Operating assistance

“(1) Projects—A State may obligate funds apportioned under section 104(b)(4) in an area of such State that is otherwise eligible for obligations of such funds for operating costs under chapter 53 of title 49 or on a system for which CMAQ funding was made available, obligated, or expended in fiscal year 2012, or, notwithstanding subsection (b), on a State-supported Amtrak route with a cost-sharing agreement under section 209 of the Passenger Rail Investment and Improvement Act of 2008 or alternative cost allocation under section 24712(g)(3) of title 49.

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

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

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

added “(n) Hyperlocal air quality mobile monitoring systems defined—In this section, the term “hyperlocal air quality mobile monitoring systems” means a method of monitoring and mapping ambient air quality and greenhouse gases and detecting the presence of pollutants using mobile vehicles that yields frequently repeated, on-going measurements of pollutants and greenhouse gases at a block-level resolution and identifies hotspots of persistent elevated levels of pollutants and greenhouse gases.”

“155. Electric vehicle charging stations

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

“(b) Interoperability—An electric vehicle charging station funded under this title shall—

“(1) provide a charging connector type or means to transmit electricity to vehicles that meets applicable industry accepted practices and safety standards; and

“(2) have the ability to serve vehicles produced by more than one vehicle manufacturer.

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

“(d) Network capability—An electric vehicle charging station funded under this title shall be capable of being remotely monitored.

changed “(e) Guidance—Not Standards and guidance—Not less than 180 days after enactment of the INVEST in America Act, the Secretary of Transportation, in coordination with the Secretary of Energy, Energy and in consultation with relevant stakeholders, shall, as appropriate, publish develop standards and guidance for public comment applicable to any electric vehicle charging station funded in whole or in part under this title related to—

“(1) the installation, operation, or maintenance by qualified technicians of electric vehicle charging infrastructure;

changed “(2) the physical and payment interoperability of electric vehicle charging infrastructure;

“(3) any traffic control device or on-premises sign acquired, installed, or operated related to an electric vehicle charging station funded under this title; and

changed “(4) network connectivity of electric vehicle charging, charging infrastructure, including measures to protect personal privacy and ensure cybersecurity.

“(f) Wage requirements—Section 113 shall apply to any project for electric vehicle charging infrastructure funded under this title.”

“(f) Interstate system rights-of-Way

changed “(1) In general—Notwithstanding subsection (a) or (b), (b) and sections 137 and 142, the Secretary shall permit, consistent with section 155, limited commercial activities for the charging of electric vehicles on rights-of-way of the Interstate System, including in—

“(A) a rest area; or

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

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

“171. Carbon pollution reduction

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

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

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

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

“(3) is—

“(A) eligible for assistance under this title or under chapter 53 of title 49 or is a capital project for vehicles and facilities (whether publicly or privately owned) that are used to provide intercity passenger service by bus; or

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

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

changed “(d) Operating expenses—A State may use not more than 10 20 percent of the funds provided under section 104(b)(9) for the operating expenses of public transportation and passenger rail transportation projects.

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

“(f) Evaluation

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

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

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

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

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

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

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

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

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

“(h) High-Performing States

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

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

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

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

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

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

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

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

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

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

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

Section 206 of title 23, United States Code, is amended—

“(A) a motorized wheelchair; and

“(B) in any case in which applicable laws and regulations permit use, an electric bicycle, as defined in section 217(j).”

changed “(F) “(H) electric bicycling.”

“(j) Special rule—Section 113 shall not apply to projects under this section.

“(k) Use of other apportioned funds—Funds apportioned to a State under section 104(b) that are obligated for recreational trails and related projects shall be administered as if such funds were made available for purposes described under this section.”

Section 148 of title 23, United States Code, is further amended by adding at the end the following:

“(m) Safe streets for all

“(1) Safe streets set-aside

“(A) Establishment—The Secretary shall establish a safe streets program to eliminate the occurrence of transportation-related fatalities and serious injuries on public roads, with a focus on vulnerable road users.

“(B) Amount—Of the funds apportioned to a State under section 104(b)(3) for each fiscal year, the Secretary shall reserve an amount such that—

“(i) the Secretary reserves a total under this subsection of $500,000,000 for each of fiscal years 2023 through 2026; and

“(ii) the State's share of that total is distributed in the same manner as the amount apportioned to the State under section 104(b)(3) for each fiscal year bears to the total amount of funds apportioned to all States under such section.

changed “(2) Suballocation—For each fiscal year for which funds are set aside under this subsection, such funds shall be obligated within a State in the manner described in subsections (d) and (e) of section 133, except that, for the purposes of this subsection, the percentage referred to in section 133(d)(1)(A) shall be treated as 100 percent.Suballocation

added “(A) In general—For each fiscal year for which funds are set aside under this subsection, such funds shall be obligated within a State in the manner described in subsections (d) and (e) of section 133, except that, for the purposes of this subsection—

added “(i) the percentage referred to in section 133(d)(1)(A) shall be treated as 100 percent; and

added “(ii) before obligating funds for a project located fully or partially within an area described in subparagraph (B) that is under the jurisdiction of a unit of local government, a State or metropolitan planning organization shall consult with such unit of local government regarding project selection.

added “(B) Area described—An area described in this subparagraph is an area with a population greater than 200,000.

“(3) Use of funds

“(A) In general—Funds set aside under this subsection shall be available for obligation—

“(i) for a complete streets project that supports the safe, comfortable, convenient, and independent movement of all users of the transportation system, of all ages and abilities, consistent with context sensitive design principles;

“(ii) for activities eligible under the safe routes to school program under section 211;

“(iii) to develop and implement the policies and procedures described in section 109(s);

“(iv) for any element of vision zero planning described under section 1601 of the INVEST in America Act and to implement an existing vision zero plan;

“(v) for other activities in furtherance of the vulnerable road user safety assessment of the State or the metropolitan planning organization described under subsection (l); and

“(vi) for any other project, program, or plan eligible under this section that provides for the safe and adequate accommodation of all users of the surface transportation network, as determined by the Secretary.

“(B) Special rule—If a State or metropolitan planning organization demonstrates to the satisfaction of the Secretary that such State or metropolitan planning organization has met all its needs for vulnerable road user safety under this section, the State or metropolitan planning organization may use funds made available under this subsection for other highway safety improvement program purposes, subject to the suballocation under paragraph (2). The Secretary may not make a determination under this subparagraph if the State or metropolitan planning organization has been subject to the special rule described in subsection (g)(3) within the last 5 years.”

“117. Projects of national and regional significance

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

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

“(c) Grant amounts and project costs

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

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

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

“(i) $100,000,000; or

“(ii) in the case of a project—

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

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

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

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

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

“(d) Multiyear grant agreements for large projects

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

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

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

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

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

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

“(3) Special rules

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

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

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

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

“(C) Interest and other financing costs

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

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

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

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

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

“(e) Eligible projects

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

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

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

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

“(ii) a public transportation project; or

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

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

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

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

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

“(2) Limitation

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

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

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

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

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

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

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

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

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

“(2) is cost effective;

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

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

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

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

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

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

“(h) Merit criteria and considerations

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

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

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

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

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

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

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

“(v) national and regional economic benefits;

“(vi) resilience benefits, including the ability to withstand disruptions from a seismic event;

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

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

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

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

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

“(A) Whether the project spans at least 1 border between 2 States.

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

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

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

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

“(F) Whether the project would replace, reconstruct, or rehabilitate a commuter corridor (including a high-commuter corridor (as such term is defined in section 203(a)(6))) that is in poor condition.

“(G) Whether the project would improve the shared transportation corridor of a multistate corridor.

“(i) Project selection

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

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

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

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

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

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

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

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

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

“(3) Geographic distribution—In awarding grants under this section, the Secretary shall ensure geographic diversity and a balance between rural and urban communities among grant recipients over fiscal years 2023 through 2026.

“(4) Publication of methodology

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

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

“(ii) a description of the evaluation process under this subsection; and

“(iii) how the Secretary shall determine whether a project satisfies each of the requirements under subsection (g).

“(B) Updates—The Secretary shall update and make publicly available on the website of the Department of Transportation such information at any time a revision to the information described in subparagraph (A) is made.

“(C) Information required—The Secretary shall include in the published notice of funding opportunity for a grant under this section detailed information on the rating methodology and merit criteria to be used to evaluate applications, or a reference to the information on the website of the Department of Transportation, as required by subparagraph (A).

“(j) Federal share

“(1) In general—The Federal share of the cost of a project carried out with a grant under this section may not exceed 60 percent.

“(2) Maximum Federal involvement—Federal assistance other than a grant under this section may be used to satisfy the non-Federal share of the cost of a project for which such a grant is made, except that the total Federal assistance provided for a project receiving a grant under this section may not exceed 80 percent of the total project cost.

“(k) Bridge investments—Of the amounts made available to carry out this section, the Secretary shall reserve not less than $1,000,000,000 in each fiscal year to make grants for projects described in subsection (e)(1)(A).

“(l) Treatment of projects

“(1) Federal requirements—The Secretary shall, with respect to a project funded by a grant under this section, apply—

“(A) the requirements of this title to a highway project;

“(B) the requirements of chapter 53 of title 49 to a public transportation project; and

“(C) the requirements of section 22905 of title 49 to a passenger rail or freight rail project.

“(2) Multimodal projects

“(A) In general—Except as otherwise provided in this paragraph, if an eligible project is a multimodal project, the Secretary shall—

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

“(ii) apply the applicable requirements of such predominant modal component to the project.

“(B) Exceptions

“(i) Passenger or freight rail component—For any passenger or freight rail component of a project, the requirements of section 22907(j)(2) of title 49 shall apply.

“(ii) Public transportation component—For any public transportation component of a project, the requirements of section 5333 of title 49 shall apply.

“(C) Buy America—In applying the Buy America requirements under section 313 of this title and sections 5320, 22905(a), and 24305(f) of title 49 to a multimodal project under this paragraph, the Secretary shall—

“(i) consider the various modal components of the project; and

“(ii) seek to maximize domestic jobs.

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

“(n) Administration—Of the amounts made available to carry out this section, the Secretary may use up to $5,000,000 in each fiscal year for the costs of administering the program under this section.

“(o) Technical assistance—Of the amounts made available to carry out this section, the Secretary may reserve up to $5,000,000 to provide technical assistance to eligible entities.

“(p) Congressional Review

“(1) Notification—Not less than 60 days before making an award under this section, the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works, the Committee on Banking, Housing, and Urban Affairs, and the Committee on Commerce, Science, and Transportation of the Senate—

“(A) a list of all applications determined to be eligible for a grant by the Secretary;

“(B) the quality ratings assigned to each application pursuant to subsection (i);

“(C) a list of applications that received final consideration by the Secretary to receive an award under this section;

“(D) each application proposed to be selected for a grant award;

“(E) proposed grant amounts, including for each new multiyear grant agreement, the proposed payout schedule for the project; and

“(F) an analysis of the impacts of any large projects proposed to be selected on existing commitments and anticipated funding levels for the next 4 fiscal years, based on information available to the Secretary at the time of the report.

“(2) Committee review—Before the last day of the 60-day period described in paragraph (1), each Committee described in paragraph (1) shall review the Secretary’s list of proposed projects.

“(3) Congressional disapproval—The Secretary may not make a grant or any other obligation or commitment to fund a project under this section if a joint resolution is enacted disapproving funding for the project before the last day of the 60-day period described in paragraph (1).

“(q) Transparency

“(1) In general—Not later than 30 days after awarding a grant for a project under this section, the Secretary shall send to all applicants, and publish on the website of the Department of Transportation—

“(A) a summary of each application made to the program for the grant application period; and

“(B) the evaluation and justification for the project selection, including ratings assigned to all applications and a list of applications that received final consideration by the Secretary to receive an award under this section, for the grant application period.

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

“(r) Definition of eligible entity—In this section, the term eligible entity means—

“(1) a State or a group of States;

“(2) a unit of local government, including a metropolitan planning organization, or a group of local governments;

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

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

“(5) an Indian Tribe or Tribal organization;

“(6) a Federal agency eligible to receive funds under section 201, 203, or 204, including the Army Corps of Engineers, Bureau of Reclamation, and the Bureau of Land Management, that applies jointly with a State or group of States;

“(7) a territory; and

changed “(8) a multistate or multijurisdictional group of entities described in this paragraph.”subsection.”

“173. Community transportation investment grant program

“(a) Establishment—The Secretary shall establish a community transportation investment grant program to improve surface transportation safety, state of good repair, accessibility, and environmental quality through infrastructure investments.

“(b) Grant authority

“(1) In general—In carrying out the program established under subsection (a), the Secretary shall make grants, on a competitive basis, to eligible entities in accordance with this section.

“(2) Grant amount—The maximum amount of a grant under this section shall be $25,000,000.

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

“(d) Eligible project costs—Grant amounts for an eligible project carried out under this section may be used for—

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

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

“(e) Rural and community setasides

“(1) In general—The Secretary shall reserve—

“(A) not less than 25 percent of the amounts made available to carry out this section for projects located in rural areas; and

“(B) not less than 25 percent of the amounts made available to carry out this section for projects located in areas with a population greater than 74,999 individuals and fewer than 200,001 individuals.

“(2) Definition of rural area—In this subsection, the term rural area means all areas of a State or territory that are outside of an urbanized area with a population greater than 74,999 individuals, as determined by the Bureau of the Census.

changed “(3) Excess funding—If the Secretary determines that there are insufficient qualified applicants to use the funds set aside under this subsection, the Secretary may use such funds for grants for any projects eligible under this section.Investments in colonias

added “(A) In general—Of the grants made available under this section, for fiscal years 2023 through 2026, a total of not less than $20,000,000 shall be made available to provide grants that improve the safety, state of good repair, or connectivity of surface transportation infrastructure eligible under this section in and providing access to, colonias.

added “(B) Rural and community set asides—Funds made available under this section in areas described in paragraphs (1)(A) or (1)(B) shall count toward the set aside described in the applicable paragraph.

added “(C) Colonia defined—In this subsection, the term “colonia” means any identifiable community that—

added “(i) is in the State of Arizona, California, New Mexico, or Texas;

added “(ii) is in the area of the United States within 150 miles of the border between the United States and Mexico, except that the term does not include any standard metropolitan statistical area that has a population exceeding 1,000,000; and

added “(iii) is determined to be a colonia on the basis of objective criteria, including lack of potable water supply, lack of adequate sewage systems, and lack of decent, safe, and sanitary housing.

added “(4) Excess funding—If the Secretary determines that there are insufficient qualified applicants to use the funds set aside under this subsection, the Secretary may use such funds for grants for any projects eligible under this section.

“(f) Evaluation—To evaluate applications under this section, the Secretary shall—

“(1) develop a process to objectively evaluate applications on the benefits of the project proposed in such application—

“(A) to transportation safety, including reductions in traffic fatalities and serious injuries;

“(B) to state of good repair, including improved condition of bridges and pavements;

“(C) to transportation system access, including improved access to jobs and services; and

“(D) in reducing greenhouse gas emissions;

“(2) develop a rating system to assign a numeric value to each application, based on each of the criteria described in paragraph (1);

“(3) for each application submitted, compare the total benefits of the proposed project, as determined by the rating system developed under paragraph (2), with the costs of such project, and rank each application based on the results of the comparison; and

“(4) ensure that only such applications that are ranked highly based on the results of the comparison conducted under paragraph (3) are considered to receive a grant under this section.

“(g) Weighting—In establishing the evaluation process under subsection (f), the Secretary may assign different weights to the criteria described in subsection (f)(1) based on project type, population served by a project, and other context-sensitive considerations, provided that—

“(1) each application is rated on all criteria described in subsection (f)(1); and

“(2) each application has the same possible minimum and maximum rating, regardless of any differences in the weighting of criteria.

“(h) Transparency

“(1) Publicly available information—Prior to the issuance of any notice of funding opportunity under this section, the Secretary shall make publicly available on the website of the Department of Transportation a detailed explanation of the evaluation and rating process developed under subsection (f), including any differences in the weighting of criteria pursuant to subsection (g), if applicable, and update such website for each revision of the evaluation and rating process.

“(2) Notifications to Congress—The Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives, the Committee on Environment and Public Works of the Senate, the Committee on Banking, Housing, and Urban Affairs of the Senate, and the Committee on Commerce, Science, and Transportation of the Senate the following written notifications:

“(A) A notification when the Secretary publishes or updates the information required under paragraph (1).

“(B) Not later than 30 days prior to the date on which the Secretary awards a grant under this section, a notification that includes—

“(i) the ratings of each application submitted pursuant to subsection (f)(2);

“(ii) the ranking of each application submitted pursuant to subsection (f)(3); and

“(iii) a list of all applications that receive final consideration by the Secretary to receive an award under this section pursuant to subsection (f)(4).

“(C) Not later than 3 business days prior to the date on which the Secretary announces the award of a grant under this section, a notification describing each grant to be awarded, including the amount and the recipient.

“(i) Technical assistance—Of the amounts made available to carry out this section, the Secretary may reserve up to $3,000,000 in each fiscal year to provide technical assistance to eligible entities.

“(j) Administration—Of the amounts made available to carry out this section, the Secretary may reserve up to $5,000,000 for the administrative costs of carrying out the program under this section.

“(k) Treatment of projects

“(1) Federal requirements—The Secretary shall, with respect to a project funded by a grant under this section, apply—

“(A) the requirements of this title to a highway project;

“(B) the requirements of chapter 53 of title 49 to a public transportation project; and

“(C) the requirements of section 22905 of title 49 to a passenger rail or freight rail project.

“(2) Multimodal projects

“(A) In general—Except as otherwise provided in this paragraph, if an eligible project is a multimodal project, the Secretary shall—

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

“(ii) apply the applicable requirements of such predominant modal component to the project.

“(B) Exceptions

“(i) Passenger or freight rail component—For any passenger or freight rail component of a project, the requirements of section 22907(j)(2) of title 49 shall apply.

“(ii) Public transportation component—For any public transportation component of a project, the requirements of section 5333 of title 49 shall apply.

“(C) Buy America—In applying the Buy America requirements under section 313 of this title and sections 5320, 22905(a), and 24305(f) of title 49 to a multimodal project under this paragraph, the Secretary shall—

“(i) consider the various modal components of the project; and

“(ii) seek to maximize domestic jobs.

“(l) Transparency

“(1) In general—Not later than 30 days after awarding a grant for a project under this section, the Secretary shall send to all applicants, and publish on the website of the Department of Transportation—

“(A) a summary of each application made to the program for the grant application period; and

“(B) the evaluation and justification for the project selection, including ratings and rankings assigned to all applications and a list of applications that received final consideration by the Secretary to receive an award under this section, for the grant application period.

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

“(m) Definitions—In this section:

“(1) Eligible entity—The term eligible entity means—

“(A) a metropolitan planning organization;

“(B) a unit of local government;

“(C) a transit agency;

“(D) an Indian Tribe or Tribal organization;

“(E) a multijurisdictional group of entities described in this paragraph;

“(F) a special purpose district with a transportation function or a port authority;

“(G) a territory; or

“(H) a State that applies for a grant under this section jointly with an entity described in subparagraphs (A) through (G).

“(2) Eligible project—The term eligible project means any project eligible under this title or chapter 53 of title 49.”

“(1) In general—Not later than”

“(2) Freight corridors—Not later than 1 year after the date of enactment of the INVEST in America Act, the Secretary shall designate national electric vehicle charging and hydrogen fueling freight corridors that identify the near- and long-term need for, and the location of, electric vehicle charging and hydrogen fueling infrastructure to support freight and goods movement at strategic locations along major national highways, the National Highway Freight Network, and goods movement locations including ports, intermodal centers, and warehousing locations.”

“(3) summarizes best practices and provides guidance, developed through consultation with the Secretary of Energy, for project development of electric vehicle charging infrastructure to allow for the predictable deployment of such infrastructure.”

“(f) Clean corridors program

“(1) Establishment—There is established a clean corridors program (referred to in this subsection as the “Program”) to provide funding to States to strategically deploy electric vehicle charging and hydrogen fueling infrastructure along alternative fuel corridors and to establish an interconnected network to facilitate data collection, access, and reliability.

“(2) Purpose—The purpose of the Program is to provide funding for—

“(A) the acquisition and installation of electric vehicle charging infrastructure and hydrogen fueling infrastructure to serve as a catalyst for the deployment of such infrastructure and to connect it to a network to facilitate data collection, access, and reliability;

“(B) proper operation and maintenance of electric vehicle charging infrastructure; and

“(C) data sharing about charging and fueling infrastructure to ensure the long-term success of investments made through the Program.

“(3) Alternative distribution of funds

changed “(A) Plan—The Secretary shall establish a deadline by which a State shall provide a plan to the Secretary, in such form and such manner that the Secretary requires, describing how such State intends to use its allocation under this section.Plan

added “(i) In general—The Secretary shall establish a deadline by which a State shall provide a plan to the Secretary, in such form and such manner that the Secretary requires, describing how such State intends to use its allocation under this section.

added “(ii) Report of State plans to Congress—Not later than 120 days after the deadline established in clause (i), the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a report detailing—

added “(I) a summary of each plan submitted by a State to the Department of Transportation; and

added “(II) an assessment of how such plans make progress towards the establishment of a national network of electric vehicle charging stations.

“(B) Efficient obligation of funds—If a State fails to submit the plan required by subparagraph (A) to the Secretary in a timely manner, or if the Secretary determines a State has not taken sufficient action to carry out its plan, the Secretary may—

“(i) withdraw from the State the funds that were apportioned to the State for a fiscal year under section 104(b)(10);

“(ii) award such funds on a competitive basis to local units of government within the State for use on projects that meet the eligibility requirements described in paragraph (4); and

“(iii) ensure timely obligation of such funds.

“(C) Redistribution among States—If the Secretary determines that any funds withdrawn from a State under subparagraph (B)(i) cannot be fully awarded to local units of government within the State under subparagraph (B)(ii) in a manner consistent with the purpose of this subsection, any such funds remaining under subparagraph (B)(i) shall be—

“(i) apportioned among other States (except States for which funds for that fiscal year have been withdrawn under subparagraph (B)(i)) in the same ratio as funds apportioned for that fiscal year under section 104(b)(10)(C) for the Program; and

“(ii) only available to carry out this section.

“(4) Eligible projects

“(A) In general—Funding made available under this subsection shall be for projects—

“(i) directly related to the electric charging or hydrogen fueling of a vehicle; and

“(ii) only for infrastructure that is open to the general public or to authorized commercial motor vehicle operators from more than 1 company.

“(B) Location of infrastructure

“(i) In general—Any charging or fueling infrastructure acquired or installed with funding under this subsection shall be located along an alternative fuel corridor.

“(ii) Guidance—Not later than 90 days after the date of enactment of the INVEST in America Act, the Secretary of Transportation, in coordination with the Secretary of Energy, shall develop guidance for States and localities to strategically deploy charging and fueling infrastructure along alternative fuel corridors, consistent with this section.

added “(iii) Additional considerations—In developing the guidance required under clause (ii), the Secretary of Transportation, in coordination with the Secretary of Energy, shall consider, as appropriate—

removed “(iii) Additional considerations—In developing the guidance required under clause (ii), the Secretary of Transportation, in coordination with the Secretary of Energy, shall consider—

“(I) the distance between publicly available charging and fueling infrastructure eligible under this section;

“(II) connections to the electric grid or fuel distribution system, including electric distribution upgrades, vehicle-to-grid integration, including smart charge management or other protocols that can minimize impacts to the electric grid, and alignment with electric distribution interconnection processes;

removed “(III) plans to protect the electric grid from added load of charging distribution systems from adverse impacts of changing load patterns, including through on site storage;

removed “(IV) plans for the use of renewable energy sources to power charging, energy storage, and hydrogen fuel production;

removed “(V) the proximity of existing off-highway travel centers, fuel retailers, and small businesses to electric vehicle charging infrastructure acquired or funded under this subsection;

removed “(VI) the need for publicly available electric vehicle charging infrastructure in rural corridors;

changed “(VII) the long-term operation “(III) meeting current and maintenance of publicly available electric vehicle anticipated market demands for charging infrastructure or fueling infrastructure, including with regard to avoid stranded assets power levels and protect charging speed, and minimizing the investment of public funds in that infrastructure;time to charge or refuel current and anticipated vehicles;

changed “(VIII) existing private, national, State, local, Tribal, and territorial government “(IV) plans to protect the electric vehicle grid from added load of charging infrastructure programs and incentives;distribution systems from adverse impacts of changing load patterns, including through on site storage;

changed “(IX) fostering enhanced, coordinated, public-private or private investment in charging “(V) plans for the use of renewable energy sources to power charging, energy storage, and fueling infrastructure;hydrogen fuel production;

changed “(X) ensuring consumer protection “(VI) the proximity of existing off-highway travel centers, fuel retailers, and pricing transparency;small businesses to electric vehicle charging infrastructure acquired or funded under this subsection, including recommendations for promoting efficient dwell times based on best practices;

changed “(XI) “(VII) the availability of onsite amenities for vehicle operators, including restrooms or food facilities; andneed for—

changed “(XII) any other factors, as determined by the Secretary.“(aa) publicly available electric vehicle charging infrastructure in rural corridors;

added “(bb) equitable deployment of electric vehicle charging infrastructure in underserved or disadvantaged communities;

added “(cc) vehicle charging infrastructure that is easily accessible to residents of public or affordable housing and multi-unit dwellings; and

added “(dd) consideration of the beneficial health impacts of installing electric vehicle charging infrastructure in densely populated communities with high rates of poverty, air pollution, and asthma;

added “(VIII) the long-term operation and maintenance of publicly available electric vehicle charging infrastructure to avoid stranded assets and protect the investment of public funds in that infrastructure;

added “(IX) existing private, national, State, local, Tribal, and territorial government electric vehicle charging infrastructure programs and incentives;

added “(X) fostering enhanced, coordinated, public-private or private investment in charging and fueling infrastructure;

added “(XI) ensuring consumer protection and pricing transparency;

added “(XII) the availability of onsite amenities for vehicle operators, including restrooms or food facilities; and

added “(XIII) any other factors, as determined by the Secretary.

“(5) Eligible project costs—Subject to paragraph (6), funds made available under this subsection may be used for—

“(A) the acquisition or installation of electric vehicle charging or hydrogen fueling infrastructure;

“(B) operating assistance for costs allocable to operating and maintaining infrastructure acquired or installed under this subsection, for a period not to exceed five years;

“(C) the acquisition or installation of traffic control devices located in the right-of-way to provide directional information to infrastructure acquired, installed, or operated under this subsection; or

“(D) on-premises signs to provide information about infrastructure acquired, installed, or operated under this subsection.

added “(6) Project requirements—Not later than 180 days after the date of enactment of the INVEST in America Act, the Secretary of Transportation, in coordination with the Secretary of Energy and in consultation with relevant stakeholders, shall, as appropriate, develop standards and requirements for electric vehicle charging infrastructure under this subsection related to—

added “(A) the installation, operation, or maintenance by qualified technicians of electric vehicle charging infrastructure funded under this subsection;

added “(B) the interoperability of electric vehicle charging infrastructure funded under this subsection;

removed “(6) Guidance—Not later than 180 days after the date of enactment of the INVEST in America Act, the Secretary of Transportation, in coordination with the Secretary of Energy, shall, as appropriate, publish guidance for public comment related to—

removed “(A) the installation, operation, or maintenance by qualified technicians of electric vehicle charging infrastructure under this subsection;

removed “(B) the physical and payment interoperability of electric vehicle charging infrastructure under this subsection;

“(C) any traffic control device or on-premises sign acquired, installed, or operated under this subsection;

added “(D) any data requested by the Secretary related to a project funded under this subsection, including the format and schedule for the submission of such data;

added “(E) network connectivity of electric vehicle charging infrastructure funded under this subsection that includes measures to protect personal privacy and ensure cybersecurity; and

added “(F) information on publicly available electric vehicle charging station locations, station operator contact information, number of simultaneous refueling positions, pricing, and real-time availability to be made publicly available and easily accessible, including through applicable mapping applications.

removed “(D) any data requested by the Secretary related to a project funded under this subsection, including the format and schedule for the submission of such data; and

removed “(E) network connectivity of electric vehicle charging that includes measures to protect personal privacy and ensure cybersecurity.

“(7) Federal share—The Federal share payable for the cost of a project funded under this subsection shall be 80 percent.

“(8) Period of availability—Notwithstanding section 118(b), funds made available for the Program shall be available until expended.

added “(9) Additional assistance grants—For each of fiscal years 2023 through 2026, before making an apportionment under section 104(b)(10), the Secretary shall set aside, from amounts made available to carry out the clean corridors program under this subsection, $100,000,000 for grants to States or localities that require additional assistance to strategically deploy infrastructure eligible under this subsection along alternative fuel corridors to fill gaps in the national charging network, including in rural areas and underserved or disadvantaged communities.

removed “(9) Additional assistance grants—For each of fiscal years 2023 through 2026, before making an apportionment under section 104(b)(10), the Secretary shall set aside, from amounts made available to carry out the clean corridors program under this subsection, $100,000,000 for grants to States or localities that require additional assistance to strategically deploy infrastructure eligible under this subsection along alternative fuel corridors to fill gaps in the national charging network, including in rural areas.

“(10) Definition of alternative fuel corridors—In this subsection, the term alternative fuel corridors means a fuel corridor—

“(A) designated under subsection (a); or

“(B) equivalent to a fuel corridor described under such subsection that is designated, after consultation with any affected Indian Tribes or Tribal organizations, by a State or group of States.”

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

“(6) STIP—The term STIP means a statewide transportation improvement program developed by a State under section 135(g).”

“(4) Consideration—In developing the plans and TIPs, metropolitan planning organizations shall consider direct and indirect emissions of greenhouse gases.”

“(D) Equitable and proportional representation

changed “(i) In general—In designating general—For officials or representatives under paragraph (2), the metropolitan planning organization shall ensure the equitable and proportional representation of the population of the metropolitan planning area.

“(ii) Savings clause—Nothing in this paragraph shall require a metropolitan planning organization in existence on the date of enactment of this subparagraph to be restructured.

“(iii) Redesignation—Notwithstanding clause (ii), the requirements of this paragraph shall apply to any metropolitan planning organization redesignated under paragraph (6).”

“(4) Coordination between MPOs

“(A) In general—If more than one metropolitan planning organization is designated within an urbanized area under subsection (d)(7), the metropolitan planning organizations designated within the area shall ensure, to the maximum extent practicable, the consistency of any data used in the planning process, including information used in forecasting transportation demand.

“(B) Savings clause—Nothing in this paragraph requires metropolitan planning organizations designated within a single urbanized area to jointly develop planning documents, including a unified long-range transportation plan or unified TIP.”

“(E) protect and enhance the environment, promote energy conservation, reduce greenhouse gas emissions, improve the quality of life and public health, and promote consistency between transportation improvements and State and local planned growth and economic development patterns, including housing and land use patterns;”

“(J) support emergency management, response, and evacuation and hazard mitigation;

“(K) improve the level of transportation system access;

“(L) support inclusive zoning policies and land use planning practices that incentivize affordable, elastic, and diverse housing supply, facilitate long-term economic growth by improving the accessibility of housing to jobs, and prevent high housing costs from displacing economically disadvantaged households; and”

“(A) In general—Through the use of a performance-based approach, transportation investment decisions made as a part of the metropolitan transportation planning process shall support the national goals described in section 150(b), the achievement of metropolitan and statewide targets established under section 150(d), the improvement of transportation system access (consistent with section 150(f)), and the general purposes described in section 5301 of title 49.”

“(B) Issues—The consultation shall involve, as appropriate, comparison of transportation plans to other relevant plans, including, if available—

“(i) State conservation plans or maps; and

“(ii) inventories of natural or historic resources.”

“(C) Methods

“(i) In general—In carrying out subparagraph (A), the metropolitan planning organization shall, to the maximum extent practicable—

“(I) hold any public meetings at convenient and accessible locations and times;

“(II) employ visualization techniques to describe plans; and

“(III) make public information available in electronically accessible format and means, such as the internet, as appropriate to afford reasonable opportunity for consideration of public information under subparagraph (A).

“(ii) Additional methods—In addition to the methods described in clause (i), in carrying out subparagraph (A), the metropolitan planning organization shall, to the maximum extent practicable—

“(I) use virtual public involvement, social media, and other web-based tools to encourage public participation and solicit public feedback; and

“(II) use other methods, as appropriate, to further encourage public participation of historically underrepresented individuals in the transportation planning process.”

Section 135 of title 23, United States Code, is amended—

“(A) In general—The statewide transportation plan and the”

“(B) Consideration—In developing the statewide transportation plans and STIPs, States shall consider direct and indirect emissions of greenhouse gases.”

“(J) facilitate emergency management, response, and evacuation and hazard mitigation;

“(K) improve the level of transportation system access;

“(L) support inclusive zoning policies and land use planning practices that incentivize affordable, elastic, and diverse housing supply, facilitate long-term economic growth by improving the accessibility of housing to jobs, and prevent high housing costs from displacing economically disadvantaged households; and”

“(A) In general—Through the use of a performance-based approach, transportation investment decisions made as a part of the statewide transportation planning process shall support—

“(i) the national goals described in section 150(b);

“(ii) the consideration of transportation system access (consistent with section 150(f));

“(iii) the achievement of statewide targets established under section 150(d); and

“(iv) the general purposes described in section 5301 of title 49.”

“(ii) Comparison and consideration—Consultation under clause (i) shall involve the comparison of transportation plans to other relevant plans and inventories, including, if available—

“(I) State and tribal conservation plans or maps; and

“(II) inventories of natural or historic resources.”

changed “(i) In general—in general—In carrying out”

“(ii) Additional methods—In addition to the methods described in clause (i), in carrying out subparagraph (A), the State shall, to the maximum extent practicable—

“(I) use virtual public involvement, social media, and other web-based tools to encourage public participation and solicit public feedback; and

“(II) use other methods, as appropriate, to further encourage public participation of historically underrepresented individuals in the transportation planning process.”

“(7) Combating climate change—To reduce carbon dioxide and other greenhouse gas emissions and reduce the climate impacts of the transportation system.”

“(7) Greenhouse gas emissions—The Secretary shall establish, in consultation with the Administrator of the Environmental Protection Agency, measures for States to use to assess—

“(A) carbon dioxide emissions per capita on public roads;

“(B) carbon dioxide emissions using different parameters than described in subparagraph (A) that the Secretary determines to be appropriate; and

“(C) any other greenhouse gas emissions on public roads that the Secretary determines to be appropriate.”

“(3) Regressive targets

“(A) In general—A State may not establish a regressive target for the measures described under paragraph (4) or paragraph (7) of subsection (c).

“(B) Regressive target defined—In this paragraph, the term regressive target means a target that fails to demonstrate constant or improved performance for a particular measure.”

“(f) Transportation system access

“(1) In general—The Secretary shall establish measures for States and metropolitan planning organizations to use to assess the level of safe, reliable, and convenient transportation system access to—

“(A) employment; and

“(B) services.

“(2) Considerations—The measures established pursuant to paragraph (1) shall include the ability for States and metropolitan planning organizations to assess—

“(A) the change in the level of transportation system access for various modes of travel, including connection to other modes of transportation, that would result from new transportation investments;

“(B) the level of transportation system access for economically disadvantaged communities, including to affordable housing; and

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

“(3) Definition of services—In this subsection, the term services includes healthcare facilities, child care, education and workforce training, food sources, banking and other financial institutions, and other retail shopping establishments.”

“(i) In general—The TIP”

“(ii) Transportation management areas—For metropolitan planning areas that represent an urbanized area designated as a transportation management area under subsection (k), the TIP shall include—

“(I) a discussion of the anticipated effect of the TIP toward achieving the performance targets established in the metropolitan transportation plan, linking investment priorities to such performance targets; and

“(II) a description of how the anticipated effect of the TIP would improve the overall level of transportation system access, consistent with section 150(f).”

“(i) congestion management”

“(ii) the overall level of transportation system access for various modes of travel within the metropolitan planning area, including the level of access for economically disadvantaged communities, consistent with section 150(f), that is based on a cooperatively developed and implemented metropolitan-wide strategy, assessing both new and existing transportation facilities eligible for funding under this title and chapter 53 of title 49.”

“(iii) the TIP approved under clause (ii) makes progress towards improving the level of transportation system access, consistent with section 150(f).”

“(D) a listing of all metropolitan planning organizations that are establishing performance targets and whether such performance targets established by the metropolitan planning organization are meaningful or regressive (as defined in section 150(d)(3)(B)); and

“(E) the progress of implementing the measure established under section 150(f).”

“(A) a discussion”

“(B) a consideration of the anticipated effect of the STIP on the overall level of transportation system access, consistent with section 150(f).”

“(i) In general—The TIP”

“(ii) Transportation management areas—For metropolitan planning areas that represent an urbanized area designated as a transportation management area under subsection (k), the TIP shall include—

“(I) a discussion of the anticipated effect of the TIP toward achieving the performance targets established in the metropolitan transportation plan, linking investment priorities to such performance targets; and

“(II) a description of how the anticipated effect of the TIP would improve the overall level of transportation system access, consistent with section 150(f) of title 23.”

“(i) congestion management”

“(ii) the overall level of transportation system access for various modes of travel within the metropolitan planning area, including the level of access for economically disadvantaged communities, consistent with section 150(f) of title 23, that is based on a cooperatively developed and implemented metropolitan-wide strategy, assessing both new and existing transportation facilities eligible for funding under this chapter and title 23.”

“(iii) the TIP approved under clause (ii) makes progress towards improving the level of transportation system access, consistent with section 150(f) of title 23.”

“(D) a listing of all metropolitan planning organizations that are establishing performance targets and whether such performance targets established by the metropolitan planning organization are meaningful or regressive (as defined in section 150(d)(3)(B) of title 23); and

“(E) the progress of implementing the measure established under section 150(f) of title 23.”

“(A) a discussion”

“(B) a consideration of the anticipated effect of the STIP on the overall level of transportation system access, consistent with section 150(f) of title 23.”

“(a) Annual allocation—For the Puerto Rico and territorial highway program, there shall be made available—

“(1) $340,000,000 for the Puerto Rico highway program under subsection (b) for each of fiscal years 2023 through 2026; and

“(2) for the territorial highway program under subsection (c)—

changed “(A) $113,044,097 an amount equivalent to 0.002 of the amount made available under section 1101(a)(1)(A) of the INVEST in America Act for fiscal year 2023;

changed “(B) $114,961,294 an amount equivalent to 0.002 of the amount made available under section 1101(a)(1)(B) of the INVEST in America Act for fiscal year 2024;

changed “(C) $117,190,719 an amount equivalent to 0.002 of the amount made available under section 1101(a)(1)(C) of the INVEST in America Act for fiscal year 2025; and

changed “(D) $119,237,332 an amount equivalent to 0.002 of the amount made available under section 1101(a)(1)(D) of the INVEST in America Act for fiscal year 2026.”

“(D) Transferability—Of the amounts described in clauses (i) and (ii) of subparagraph (C) for the Puerto Rico highway program, Puerto Rico may transfer not to exceed 50 percent in a fiscal year of such amounts for activities described in clause (iii) of such subparagraph.”

“(iv) Ferry boats and terminal facilities that are privately or majority privately owned, in accordance with paragraphs (1), (2), (4), (5), (6), and (7) of section 129(c), that provide a substantial public benefit.”

“(d) Participation of territories in discretionary programs—For any program in which the Secretary may allocate funds out of the Highway Trust Fund (other than the Mass Transit Account) to a State at the discretion of the Secretary, the Secretary may allocate funds to one or more territory for any project or activity that otherwise would be eligible under such program if such project or activity was being carried out in a State.”

Section 202 of title 23, United States Code, is amended—

“(A) eligible projects described in section 148(a)(4);

“(B) projects to promote public awareness and education concerning highway safety matters (including bicycle, all-terrain, motorcyclist, and pedestrian safety); or

“(C) projects to enforce highway safety laws.”

removed Section 204(a) of title 23, United States Code, is amended—

“(vi) contextual wayfinding markers;

“(vii) landscaping;

“(viii) cooperative mitigation of visual blight, including screening or removal; and”

“(6) Native plant materials—In carrying out an activity described in paragraph (1), the Secretary shall ensure that the entity carrying out the activity considers—

“(A) the use of locally adapted native plant materials; and

“(B) designs that minimize runoff and heat generation.”

“(84) The Central Texas Corridor, including the route—

“(A) commencing in the vicinity of Texas Highway 338 in Odessa, Texas, running eastward generally following Interstate Route 20, connecting to Texas Highway 158 in the vicinity of Midland, Texas, then following Texas Highway 158 eastward to United States Route 87 and then following United States Route 87 southeastward, passing in the vicinity of San Angelo, Texas, and connecting to United States Route 190 in the vicinity of Brady, Texas;

“(B) commencing at the intersection of Interstate Route 10 and United States Route 190 in Pecos County, Texas, and following United States Route 190 to Brady, Texas;

“(C) following portions of United States Route 190 eastward, passing in the vicinity of Fort Hood, Killeen, Belton, Temple, Bryan, College Station, Huntsville, Livingston, Woodville, and Jasper, to the logical terminus of Texas Highway 63 at the Sabine River Bridge at Burrs Crossing and including a loop generally encircling Bryan/College Station, Texas;

“(D) following United States Route 83 southward from the vicinity of Eden, Texas, to a logical connection to Interstate Route 10 at Junction, Texas;

“(E) following United States Route 69 from Interstate Route 10 in Beaumont, Texas, north to United States Route 190 in the vicinity of Woodville, Texas;

“(F) following United States Route 96 from Interstate Route 10 in Beaumont, Texas, north to United States Route 190 in the vicinity of Jasper, Texas; and

“(G) following United States Route 190, State Highway 305, and United States Route 385 from Interstate Route 10 in Pecos County, Texas to Interstate 20 at Odessa, Texas.”

changed “(91) “(92) The Central Louisiana Corridor commencing at the logical terminus of Louisiana Highway 8 at the Sabine River Bridge at Burrs Crossing and generally following portions of Louisiana Highway 8 to Leesville, Louisiana, and then eastward on Louisiana Highway 28, passing in the vicinity of Alexandria, Pineville, Walters, and Archie, to the logical terminus of United States Route 84 at the Mississippi River Bridge at Vidalia, Louisiana.”

changed “(92) “(93) The Central Mississippi Corridor, including the route—

“(A) commencing at the logical terminus of United States Route 84 at the Mississippi River and then generally following portions of United States Route 84 passing in the vicinity of Natchez, Brookhaven, Monticello, Prentiss, and Collins, to Interstate 59 in the vicinity of Laurel, Mississippi, and continuing on Interstate Route 59 north to Interstate Route 20 and on Interstate Route 20 to the Mississippi-Alabama State Border; and

“(B) commencing in the vicinity of Laurel, Mississippi, running south on Interstate Route 59 to United States Route 98 in the vicinity of Hattiesburg, connecting to United States Route 49 south then following United States Route 49 south to Interstate Route 10 in the vicinity of Gulfport and following Mississippi Route 601 southerly terminating near the Mississippi State Port at Gulfport.”

changed “(93) “(94) The Middle Alabama Corridor including the route—

“(A) beginning at the Alabama-Mississippi Border generally following portions of I–20 until following a new interstate extension paralleling United States Highway 80 specifically:

“(B) crossing Alabama Route 28 near Coatopa, Alabama, traveling eastward crossing United States Highway 43 and Alabama Route 69 near Selma, Alabama, traveling eastwards closely paralleling United States Highway 80 to the south crossing over Alabama Routes 22, 41, and 21, until its intersection with I–65 near Hope Hull, Alabama;

“(C) continuing east along the proposed Montgomery Outer Loop south of Montgomery, Alabama where it would next join with I–85 east of Montgomery, Alabama;

“(D) continuing along I–85 east bound until its intersection with United States Highway 280 near Opelika, Alabama or United States Highway 80 near Tuskegee, Alabama; and

“(E) generally following the most expedient route until intersecting with existing United States Highway 80 (JR Allen Parkway) through Phenix City until continuing into Columbus, Georgia.”

changed “(94) “(95) The Middle Georgia Corridor including the route—

“(A) beginning at the Alabama-Georgia Border generally following the Fall Line Freeway from Columbus Georgia to Augusta, Georgia specifically:

“(B) travelling along United States Route 80 (JR Allen Parkway) through Columbus, Georgia and near Fort Benning, Georgia, east to Talbot County, Georgia where it would follow Georgia Route 96, then commencing on Georgia Route 49C (Fort Valley Bypass) to Georgia Route 49 (Peach Parkway) to its intersection with Interstate route 75 in Byron, Georgia;

“(C) continuing north along Interstate Route 75 through Warner Robins and Macon, Georgia where it would meet Interstate Route 16. Following Interstate 16 east it would next join United States Route 80 and then onto State Route 57; and

“(D) commencing with State Route 57 which turns into State Route 24 near Milledgeville, Georgia would then bypass Wrens, Georgia with a newly constructed bypass. After the bypass it would join United States Route 1 near Fort Gordon into Augusta, Georgia where it will terminate at Interstate Route 520.”

changed “(95) “(96) The Louisiana Capital Region High Priority Corridor, which shall generally follow—

“(A) Interstate 10, between its intersections with Interstate 12 and Louisiana Highway 415;

“(B) Louisiana Highway 415, between its intersections with Interstate 10 and United States route 190;

“(C) United States route 190, between its intersections with Louisiana Highway 415 and intersection with Interstate 110;

“(D) Interstate 110, between its intersections with United States route 190 and Interstate 10;

“(E) Louisiana Highway 30, near St. Gabriel, LA and its intersections with Interstate 10;

“(F) Louisiana Highway 1, near White Castle, LA and its intersection with Interstate 10; and

“(G) A bridge connecting Louisiana Highway 1 with Louisiana Highway 30, south of the Interstate described in subparagraph (A).”

changed No amounts may be assessed on funds collected pursuant to section 5309 of this Act or section 20704, 20171, 20174, or 80502 Section 325 of title 49, 23, United States Code, (as added by this Act) for purposes of making payments in support of a campaign for election for the office of Senator or Representative in, or Delegate or Resident Commissioner to, Congress.is repealed.

removed Section 325 of title 23, United States Code, is repealed.