Division A — Surface Transportation

“(17) Natural infrastructure.—The term ‘natural infrastructure’ means infrastructure that uses, restores, or emulates natural ecological processes and—

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

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

“(C) 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.”

“(24) Resilience.—The term ‘resilience’, with respect to a project, means a project with the ability to anticipate, prepare for, or adapt to conditions or withstand, respond to, or recover rapidly from disruptions, including the ability—

“(A)

(i) to resist hazards or withstand impacts from weather events and natural disasters; or

“(ii) to reduce the magnitude or duration of impacts of a disruptive weather event or natural disaster on a project; and

“(B) to have the absorptive capacity, adaptive capacity, and recoverability to decrease project vulnerability to weather events or other natural disasters.”

; and

“(A) $490,964,697 for fiscal year 2022;

“(B) $500,783,991 for fiscal year 2023;

“(C) $510,799,671 for fiscal year 2024;

“(D) $521,015,664 for fiscal year 2025; and

“(E) $531,435,977 for fiscal year 2026.”

“(Q) Undergrounding public utility infrastructure carried out in conjunction with a project otherwise eligible under this section.

“(R) Resiliency improvements on the National Highway System, including protective features described in subsection (k)(2).

“(S) Implement activities to protect segments of the National Highway System from cybersecurity threats.”

“(k) Protective Features.—

“(1) In general.—A State may use not more than 15 percent of the funds apportioned to the State under section 104(b)(1) for each fiscal year for 1 or more protective features on a Federal-aid highway or bridge not on the National Highway System, if the protective feature is designed to mitigate the risk of recurring damage or the cost of future repairs from extreme weather events, flooding, or other natural disasters.

“(2) Protective features described.—A protective feature referred to in paragraph (1) includes—

“(A) raising roadway grades;

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

“(C) stabilizing slide areas;

“(D) stabilizing slopes;

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

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

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

“(H) installing seismic retrofits on bridges;

“(I) adding scour protection at bridges, installing riprap, or adding other scour, stream stability, coastal, or other hydraulic countermeasures, including spur dikes; and

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

“(3) Savings provision.—Nothing in this subsection limits the ability of a State to carry out a project otherwise eligible under subsection (d) using funds apportioned under section 104(b)(1).”

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

; and

“(l) Federal Share Flexibility Pilot Program.—

“(1) Establishment.—Not later than 180 days after the date of enactment of the Surface Transportation Reauthorization Act of 2021, the Secretary shall establish a pilot program (referred to in this subsection as the ‘pilot program’) to give States additional flexibility with respect to the Federal requirements under this section.

“(2) Program.—

“(A) In general.—Notwithstanding any other provision of law, a State participating in the pilot program (referred to in this subsection as a ‘participating State’) may determine the Federal share on a project, multiple-project, or program basis for projects under any of the following:

“(i) The national highway performance program under section 119.

“(ii) The surface transportation block grant program under section 133.

“(iii) The highway safety improvement program under section 148.

“(iv) The congestion mitigation and air quality improvement program under section 149.

“(v) The national highway freight program under section 167.

“(vi) The carbon reduction program under section 175.

“(vii) Subsection (c) of the PROTECT program under section 176.

“(B) Requirements.—

“(i) Maximum federal share.—Subject to clause (iii), the Federal share of the cost of an individual project carried out under a program described in subparagraph (A) by a participating State and to which the participating State is applying the Federal share requirements under the pilot program may be up to 100 percent.

“(ii) Minimum federal share.—No individual project carried out under a program described in subparagraph (A) by a participating State and to which the participating State is applying the Federal share requirements under the pilot program shall have a Federal share of 0 percent.

“(iii) Determination.—The average annual Federal share of the total cost of all projects authorized under a program described in subparagraph (A) to which a participating State is applying the Federal share requirements under the pilot program shall be not more than the average of the maximum Federal share of those projects if those projects were not carried out under the pilot program.

“(C) Selection.—

“(i) Application.—A State seeking to be a participating State shall—

“(I) submit to the Secretary an application in such form, at such time, and containing such information as the Secretary may require; and

“(II) have in place adequate financial controls to allow the State to determine the average annual Federal share requirements under the pilot program.

“(ii) Requirement.—For each of fiscal years 2022 through 2026, the Secretary shall select not more than 10 States to be participating States.”

“117. Nationally significant multimodal freight and highway projects.”.

“(6) Native plant materials.—In carrying out an activity described in paragraph (1), the entity carrying out the activity shall consider, to the maximum extent practicable—

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

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

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

“(A) reduce such fine particulate matter emissions in such area, including diesel replacements or retrofits; and

“(B) to the extent practicable, prioritize benefits to disadvantaged communities or low-income populations living in, or immediately adjacent to, such area.”

“(3) Assistance to metropolitan planning organizations.—

“(A) In general.—On the request of a metropolitan planning organization, the Secretary may assist the metropolitan planning organization tracking progress made in minority or low-income populations as part of a performance plan under this subsection.

“(B) Savings provision.—Nothing in this paragraph provides the Secretary the authority—

“(i) to change the performance measures under section 150(c)(5) or the performance targets established under section 134(h)(2) or 150(d); or

“(ii) to establish any other Federal requirement.”

; and

“(m) Operating Assistance.—

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

“(A) under chapter 53 of title 49; or

“(B) on—

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

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

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

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

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

“(i) a non-urbanized area; or

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

Ҥ 124. Bridge investment program

“(a) Definitions.—In this section:

“(1) Eligible project.—

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

“(B) Inclusions.—The term ‘eligible project’ includes—

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

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

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

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

“(b) Establishment of Bridge Investment Program.—

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

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

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

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

“(i) the number of bridges—

“(I) in poor condition; or

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

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

“(I) in poor condition; or

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

“(iii) the number of bridges that—

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

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

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

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

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

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

“(c) Grant Authority.—

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

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

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

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

“(ii) not less than $50,000,000; and

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

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

“(ii) not less than $2,500,000.

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

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

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

“(4) Federal share.—

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

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

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

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

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

“(5) Considerations.—

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

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

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

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

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

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

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

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

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

“(I) is, without that assistance—

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

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

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

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

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

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

“(B) Requirement.—The Secretary shall—

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

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

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

“(ii) during the period of fiscal years 2022 through 2026, for each State described in clause (i), select—

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

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

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

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

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

“(1) A State or a group of States.

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

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

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

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

“(6) A Federal land management agency.

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

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

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

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

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

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

“(f) Competitive Process and Evaluation of Eligible Projects Other Than Large Projects.—

“(1) Competitive process.—

“(A) In general.—The Secretary shall—

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

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

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

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

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

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

“(3) Evaluation.—

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

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

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

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

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

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

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

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

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

“(V) national or regional economic benefits;

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

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

“(VIII) environmental benefits, including wildlife connectivity;

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

“(X) benefits of using—

“(aa) innovative design and construction techniques; or

“(bb) innovative technologies; or

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

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

“(g) Competitive Process, Evaluation, and Annual Report for Large Projects.—

“(1) In general.—

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

“(B) First fiscal year.—Notwithstanding subparagraph (A), for the first fiscal year for which funds are made available for obligation for grants under the program, the Secretary may establish a date by which an eligible entity submitting an application for a large project shall submit to the Secretary such information as the Secretary may require, including information described in paragraph (2), in order for a large project to be considered for immediate execution of a grant agreement.

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

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

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

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

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

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

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

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

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

“(4) Evaluation.—The Secretary may recommend a large project for funding in the annual report under paragraph (6), or, in the case of the first fiscal year for which funds are made available for obligation for grants under the program, immediately execute a grant agreement for a large project, only if the Secretary evaluates the proposed project and determines that the project is justified because the project—

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

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

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

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

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

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

“(v) national or regional economic benefits;

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

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

“(viii) environmental benefits, including wildlife connectivity;

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

“(x) benefits of using—

“(I) innovative design and construction techniques; or

“(II) innovative technologies; or

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

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

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

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

“(5) Ratings.—

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

“(i) paragraph (4)(B);

“(ii) paragraph (4)(C); and

“(iii) paragraph (4)(D).

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

“(C) Interim methodology.—In the first fiscal year for which funds are made available for obligation for grants under the program, the Secretary may establish an interim methodology to evaluate and rate a large project for each of—

“(i) paragraph (4)(B);

“(ii) paragraph (4)(C); and

“(iii) paragraph (4)(D).

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

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

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

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

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

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

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

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

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

“(B) Limitations.—

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

“(ii) General fund projects.—The Secretary—

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

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

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

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

“(C) Considerations.—In selecting projects to recommend for funding in the annual report under this paragraph, or, in the case of the first fiscal year for which funds are made available for obligation for grants under the program, projects for immediate execution of a grant agreement, the Secretary shall—

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

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

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

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

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

“(h) Eligible Project Costs.—A grant received for an eligible project under the program may be used for—

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

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

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

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

“(j) Multiyear Grant Agreements for Large Projects.—

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

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

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

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

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

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

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

“(3) Special financial rules.—

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

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

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

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

“(C) Interest and other financing costs.—

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

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

“(4) Advance payment.—Notwithstanding any other provision of law, an eligible entity carrying out a large project under a multiyear grant agreement—

“(A) may use funds made available to the eligible entity under this title for eligible project costs of the large project until the amount specified in the multiyear grant agreement for the project for that fiscal year becomes available for obligation; and

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

“(k) Undertaking Parts of Projects in Advance Under Letters of No Prejudice.—

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

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

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

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

“(2) Interest and other financing costs.—

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

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

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

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

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

“(l) Federally-owned Bridges.—

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

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

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

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

“(m) Treatment of Projects.—Notwithstanding any other provision of law, a project assisted under this section shall be treated as a project on a Federal-aid highway under this chapter.

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

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

“(2) the amount of the proposed grant.

“(o) Reports.—

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

“(2) GAO assessment and report.—Not later than 3 years after the date of enactment of the Surface Transportation Reauthorization Act of 2021, the Comptroller General of the United States shall—

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

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

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

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

“(p) Limitation.—

“(1) Large projects.—Of the amounts made available out of the Highway Trust Fund (other than the Mass Transit Account) to carry out this section for each of fiscal years 2022 through 2026, not less than 50 percent, in aggregate, shall be used for large projects.

“(2) Unutilized amounts.—If, in fiscal year 2026, the Secretary determines that grants under the program will not allow for the requirement under paragraph (1) to be met, the Secretary shall use the unutilized amounts to make other grants under the program during that fiscal year.

“(q) Tribal Transportation Facility Bridge Set Aside.—

“(1) In general.—Of the amounts made available from the Highway Trust Fund (other than the Mass Transit Account) for a fiscal year to carry out this section, the Secretary shall use, to carry out section 202(d)—

“(A) $16,000,000 for fiscal year 2022;

“(B) $18,000,000 for fiscal year 2023;

“(C) $20,000,000 for fiscal year 2024;

“(D) $22,000,000 for fiscal year 2025; and

“(E) $24,000,000 for fiscal year 2026.

“(2) Treatment.—For purposes of section 201, funds made available for section 202(d) under paragraph (1) shall be considered to be part of the tribal transportation program.”

“124. Bridge investment program.”.

Ҥ 208. Safe routes to school

“(a) Definitions.—In this section:

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

“(2) Primary, middle, and high schools.—The term ‘primary, middle, and high schools’ means schools providing education from kindergarten through 12th grade.

“(b) Establishment.—Subject to the requirements of this section, the Secretary shall establish and carry out a safe routes to school program for the benefit of children in primary, middle, and high schools.

“(c) Purposes.—The purposes of the program established under subsection (b) shall be—

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

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

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

“(d) Apportionment of Funds.—

“(1) In general.—Subject to paragraphs (2), (3), and (4), amounts made available to carry out this section for a fiscal year shall be apportioned among the States so that each State receives the amount equal to the proportion that—

“(A) the total student enrollment in primary, middle, and high schools in each State; bears to

“(B) the total student enrollment in primary, middle, and high schools in all States.

“(2) Minimum apportionment.—No State shall receive an apportionment under this section for a fiscal year of less than $1,000,000.

“(3) Set-aside for administrative expenses.—Before apportioning under this subsection amounts made available to carry out this section for a fiscal year, the Secretary shall set aside not more than $3,000,000 of those amounts for the administrative expenses of the Secretary in carrying out this section.

“(4) Determination of student enrollments.—Determinations under this subsection relating to student enrollments shall be made by the Secretary.

“(e) Administration of Amounts.—Amounts apportioned to a State under this section shall be administered by the State department of transportation.

“(f) Eligible Recipients.—Amounts apportioned to a State under this section shall be used by the State to provide financial assistance to State, local, Tribal, and regional agencies, including nonprofit organizations, that demonstrate an ability to meet the requirements of this section.

“(g) Eligible Projects and Activities.—

“(1) Infrastructure-related projects.—

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

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

“(2) Noninfrastructure-related activities.—

“(A) In general.—In addition to projects described in paragraph (1), amounts apportioned to a State under this section may be used for noninfrastructure-related activities to encourage walking and bicycling to school, including public awareness campaigns and outreach to press and community leaders, traffic education and enforcement in the vicinity of schools, student sessions on bicycle and pedestrian safety, health, and environment, and funding for training, volunteers, and managers of safe routes to school programs.

“(B) Allocation.—Not less than 10 percent and not more than 30 percent of the amount apportioned to a State under this section for a fiscal year shall be used for noninfrastructure-related activities under this paragraph.

“(3) Safe routes to school coordinator.—Each State shall use a sufficient amount of the apportionment of the State for each fiscal year to fund a full-time position of coordinator of the safe routes to school program of the State.

“(h) Clearinghouse.—

“(1) In general.—The Secretary shall make grants to a national nonprofit organization engaged in promoting safe routes to schools—

“(A) to operate a national safe routes to school clearinghouse;

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

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

“(2) Funding.—The Secretary shall carry out this subsection using amounts set aside for administrative expenses under subsection (d)(3).

“(i) Treatment of Projects.—Notwithstanding any other provision of law, a project assisted under this section shall be treated as a project on a Federal-aid highway under chapter 1.”

“(1) for the Puerto Rico highway program under subsection (b)—

“(A) $173,010,000 shall be for fiscal year 2022;

“(B) $176,960,000 shall be for fiscal year 2023;

“(C) $180,120,000 shall be for fiscal year 2024;

“(D) $183,675,000 shall be for fiscal year 2025; and

“(E) $187,230,000 shall be for fiscal year 2026; and

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

“(A) $45,990,000 shall be for fiscal year 2022;

“(B) $47,040,000 shall be for fiscal year 2023;

“(C) $47,880,000 shall be for fiscal year 2024;

“(D) $48,825,000 shall be for fiscal year 2025; and

“(E) $49,770,000 shall be for fiscal year 2026.”

“(h) Use of Funds.—

“(1) In general.—For each fiscal year, of the amounts made available to carry out this section—

“(A) 50 percent shall be used for eligible projects on Federal lands transportation facilities and Federal lands access transportation facilities (as those terms are defined in section 101(a) of title 23, United States Code); and

“(B) 50 percent shall be used for eligible projects on tribal transportation facilities (as defined in section 101(a) of title 23, United States Code).

“(2) Requirement.—Not less than 1 eligible project carried out using the amount described in paragraph (1)(A) shall be in a unit of the National Park System with not less than 3,000,000 annual visitors.

“(3) Availability.—Amounts made available to carry out this section shall remain available for a period of 3 fiscal years following the fiscal year for which the amounts are appropriated.”

“(h) Funding.—

“(1) Set-aside.—For each of fiscal years 2022 through 2026, of the amounts made available to carry out the tribal transportation program under section 202 of title 23, United States Code, for that fiscal year, the Secretary shall use $9,000,000 to carry out the program.

“(2) Authorization of appropriations.—In addition to amounts made available under paragraph (1), there is authorized to be appropriated $30,000,000 out of the general fund of the Treasury to carry out the program for each of fiscal years 2022 through 2026.”

“(s) Electric Vehicle Charging Stations.—

“(1) Standards.—Electric vehicle charging infrastructure installed using funds provided under this title shall provide, at a minimum—

“(A) non-proprietary charging connectors that meet applicable industry safety standards; and

“(B) open access to payment methods that are available to all members of the public to ensure secure, convenient, and equal access to the electric vehicle charging infrastructure that shall not be limited by membership to a particular payment provider.

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

“(3) Bus corridors.—In addition to the projects described in paragraphs (1) and (2), the Secretary may approve payment from sums apportioned under paragraph (2) or (7) of section 104(b) for carrying out a capital project for the construction of a bus rapid transit corridor or dedicated bus lanes, including the construction or installation of—

“(A) traffic signaling and prioritization systems;

“(B) redesigned intersections that are necessary for the establishment of a bus rapid transit corridor;

“(C) on-street stations;

“(D) fare collection systems;

“(E) information and wayfinding systems; and

“(F) depots.”

Ҥ 173. Rural surface transportation grant program

“(a) Definitions.—In this section:

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

“(2) Rural area.—The term ‘rural area’ means an area that is outside an urbanized area with a population of over 200,000.

“(b) Establishment.—

“(1) In general.—The Secretary shall establish a rural surface transportation grant program to provide grants, on a competitive basis, to eligible entities to improve and expand the surface transportation infrastructure in rural areas.

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

“(A) to increase connectivity;

“(B) to improve the safety and reliability of the movement of people and freight; and

“(C) to generate regional economic growth and improve quality of life.

“(3) Grant administration.—The Secretary may—

“(A) retain not more than a total of 2 percent of the funds made available to carry out the program and to review applications for grants under the program; and

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

“(c) Eligible Entities.—The Secretary may make a grant under the program to—

“(1) a State;

“(2) a regional transportation planning organization;

“(3) a unit of local government;

“(4) a Tribal government or a consortium of Tribal governments; and

“(5) a multijurisdictional group of entities described in paragraphs (1) through (4).

“(d) Applications.—To be eligible to receive a grant under the program, 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.

“(e) Eligible Projects.—

“(1) In general.—Except as provided in paragraph (2), the Secretary may make a grant under the program only for a project that is—

“(A) a highway, bridge, or tunnel project eligible under section 119(d);

“(B) a highway, bridge, or tunnel project eligible under section 133(b);

“(C) a project eligible under section 202(a);

“(D) a highway freight project eligible under section 167(h)(5);

“(E) a highway safety improvement project, including a project to improve a high risk rural road (as those terms are defined in section 148(a));

“(F) a project on a publicly-owned highway or bridge that provides or increases access to an agricultural, commercial, energy, or intermodal facility that supports the economy of a rural area; or

“(G) a project to develop, establish, or maintain an integrated mobility management system, a transportation demand management system, or on-demand mobility services.

“(2) Bundling of eligible projects.—

“(A) In general.—An eligible entity may bundle 2 or more similar eligible projects under the program that are—

“(i) included as a bundled project in a statewide transportation improvement program under section 135; and

“(ii) awarded to a single contractor or consultant pursuant to a contract for engineering and design or construction between the contractor and the eligible entity.

“(B) Itemization.—Notwithstanding any other provision of law (including regulations), a bundling of eligible projects under this paragraph may be considered to be a single project, including for purposes of section 135.

“(f) Eligible Project Costs.—An eligible entity may use funds from a grant under the program for—

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

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

“(g) Project Requirements.—The Secretary may provide a grant under the program to an eligible project only if the Secretary determines that the project—

“(1) will generate regional economic, mobility, or safety benefits;

“(2) will be cost effective;

“(3) will contribute to the accomplishment of 1 or more of the national goals under section 150;

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

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

“(h) Additional Considerations.—In providing grants under the program, the Secretary shall consider the extent to which an eligible project will—

“(1) improve the state of good repair of existing highway, bridge, and tunnel facilities;

“(2) increase the capacity or connectivity of the surface transportation system and improve mobility for residents of rural areas;

“(3) address economic development and job creation challenges, including energy sector job losses in energy communities as identified in the report released in April 2021 by the interagency working group established by section 218 of Executive Order 14008 (86 Fed. Reg. 7628 (February 1, 2021));

“(4) enhance recreational and tourism opportunities by providing access to Federal land, national parks, national forests, national recreation areas, national wildlife refuges, wilderness areas, or State parks;

“(5) contribute to geographic diversity among grant recipients;

“(6) utilize innovative project delivery approaches or incorporate transportation technologies;

“(7) coordinate with projects to address broadband infrastructure needs; or

“(8) improve access to emergency care, essential services, healthcare providers, or drug and alcohol treatment and rehabilitation resources.

“(i) Grant Amount.—Except as provided in subsection (k)(1), a grant under the program shall be in an amount that is not less than $25,000,000.

“(j) Federal Share.—

“(1) In general.—Except as provided in paragraph (2), the Federal share of the cost of a project carried out with a grant under the program may not exceed 80 percent.

“(2) Federal share for certain projects.—The Federal share of the cost of an eligible project that furthers the completion of a designated segment of the Appalachian Development Highway System under section 14501 of title 40, or addresses a surface transportation infrastructure need identified for the Denali access system program under section 309 of the Denali Commission Act of 1998 (42 U.S.C. 3121 note; Public Law 105–277) shall be up to 100 percent, as determined by the State.

“(3) Use of other federal assistance.—Federal assistance other than a grant under the program may be used to satisfy the non-Federal share of the cost of a project carried out with a grant under the program.

“(k) Set Asides.—

“(1) Small projects.—The Secretary shall use not more than 10 percent of the amounts made available for the program for each fiscal year to provide grants for eligible projects in an amount that is less than $25,000,000.

“(2) Appalachian development highway system.—The Secretary shall reserve 25 percent of the amounts made available for the program for each fiscal year for eligible projects that further the completion of designated routes of the Appalachian Development Highway System under section 14501 of title 40.

“(3) Rural roadway lane departures.—The Secretary shall reserve 15 percent of the amounts made available for the program for each fiscal year to provide grants for eligible projects located in States that have rural roadway fatalities as a result of lane departures that are greater than the average of rural roadway fatalities as a result of lane departures in the United States, based on the latest available data from the Secretary.

“(4) Excess funding.—In any fiscal year in which qualified applications for grants under this subsection do not allow for the amounts reserved under paragraphs (1), (2), or (3) to be fully utilized, the Secretary shall use the unutilized amounts to make other grants under the program.

“(l) Congressional Review.—

“(1) Notification.—Not less than 60 days before providing a grant under the program, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives—

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

“(B) each application proposed to be selected for a grant, including a justification for the selection; and

“(C) proposed grant amounts.

“(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 list of proposed projects submitted by the Secretary.

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

“(m) Transparency.—

“(1) In general.—Not later than 30 days after providing a grant for a project under the program, the Secretary shall provide to all applicants, and publish on the website of the Department of Transportation, the information described in subsection (l)(1).

“(2) Briefing.—The Secretary shall provide, on the request of an eligible entity, the opportunity to receive a briefing to explain any reasons the eligible entity was not selected to receive a grant under the program.

“(n) Reports.—

“(1) Annual report.—The Secretary shall make available on the website of the Department of Transportation at the end of each fiscal year an annual report that lists each project for which a grant has been provided under the program during that fiscal year.

“(2) Comptroller general.—

“(A) Assessment.—The Comptroller General of the United States shall conduct an assessment of the administrative establishment, solicitation, selection, and justification process with respect to the awarding of grants under the program for each fiscal year.

“(B) Report.—Each fiscal year, the Comptroller General shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that describes, for the fiscal year—

“(i) the adequacy and fairness of the process by which each project was selected, if applicable; and

“(ii) the justification and criteria used for the selection of each project, if applicable.

“(o) Treatment of Projects.—Notwithstanding any other provision of law, a project assisted under this section shall be treated as a project on a Federal-aid highway under this chapter.”

“173. Rural surface transportation grant program.”.

“(2) Electric bicycle.—

“(A) In general.—The term ‘electric bicycle’ means a bicycle—

“(i) equipped with fully operable pedals, a saddle or seat for the rider, and an electric motor of less than 750 watts;

“(ii) that can safely share a bicycle transportation facility with other users of such facility; and

“(iii) that is a class 1 electric bicycle, class 2 electric bicycle, or class 3 electric bicycle.

“(B) Classes of electric bicycles.—

“(i) Class 1 electric bicycle.—For purposes of subparagraph (A)(iii), the term ‘class 1 electric bicycle’ means an electric bicycle, other than a class 3 electric bicycle, equipped with a motor that—

“(I) provides assistance only when the rider is pedaling; and

“(II) ceases to provide assistance when the speed of the bicycle reaches or exceeds 20 miles per hour.

“(ii) Class 2 electric bicycle.—For purposes of subparagraph (A)(iii), the term ‘class 2 electric bicycle’ means an electric bicycle equipped with a motor that—

“(I) may be used exclusively to propel the bicycle; and

“(II) is not capable of providing assistance when the speed of the bicycle reaches or exceeds 20 miles per hour.

“(iii) Class 3 electric bicycle.—For purposes of subparagraph (A)(iii), the term ‘class 3 electric bicycle’ means an electric bicycle equipped with a motor that—

“(I) provides assistance only when the rider is pedaling; and

“(II) ceases to provide assistance when the speed of the bicycle reaches or exceeds 28 miles per hour.”

“(C) Use of technology.—A State may use social media and other web-based tools—

“(i) to further encourage public participation; and

“(ii) to solicit public feedback during the transportation planning process.”

Ҥ 174. State human capital plans

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

“(b) Plan Contents.—

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

“(d) Relationship to Long-range Plan.—

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

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

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

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

“(1) not described in this section; or

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

“174. State human capital plans.”.

“139. Efficient environmental reviews for project decisionmaking and One Federal Decision.”.

“(f) Alternative Contracting Methods.—

“(1) In general.—Notwithstanding any other provision of law (including the Federal Acquisition Regulation), a contracting method available to a State under this title may be used by the Secretary, on behalf of—

“(A) a Federal land management agency, in using any funds pursuant to section 203, 204, or 308;

“(B) a Federal land management agency, in using any funds pursuant to section 1535 of title 31 for any of the eligible uses described in sections 203(a)(1) and 204(a)(1) and paragraphs (1) and (2) of section 308(a); or

“(C) a Tribal government, in using funds pursuant to section 202(b)(7)(D).

“(2) Methods described.—The contracting methods referred to in paragraph (1) shall include, at a minimum—

“(A) project bundling;

“(B) bridge bundling;

“(C) design-build contracting;

“(D) 2-phase contracting;

“(E) long-term concession agreements; and

“(F) any method tested, or that could be tested, under an experimental program relating to contracting methods carried out by the Secretary.

“(3) Effect.—Nothing in this subsection—

“(A) affects the application of the Federal share for the project carried out with a contracting method under this subsection; or

“(B) modifies the point of obligation of Federal salaries and expenses.”

“(4) Alternative contracting methods.—

“(A) In general.—Notwithstanding any other provision of law (including the Federal Acquisition Regulation), in performing services under paragraph (1), the Secretary may use any contracting method available to a State under this title.

“(B) Methods described.—The contracting methods referred to in subparagraph (A) shall include, at a minimum—

“(i) project bundling;

“(ii) bridge bundling;

“(iii) design-build contracting;

“(iv) 2-phase contracting;

“(v) long-term concession agreements; and

“(vi) any method tested, or that could be tested, under an experimental program relating to contracting methods carried out by the Secretary.”

“(1) the requirements of title 23, United States Code; and

“(2) other requirements administered by the Secretary, in whole or in part.”

; and