---
kind: "section"
citation: "23 U.S.C. § 124"
title: "23"
title_heading: "Highways"
number: "124"
heading: "Bridge investment program"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/23/124"
units:
  - "Chapter 1 — Federal-Aid Highways"
---

# §124. Bridge investment program

- (a) **Definitions.—** In this section:
  - (1) **Eligible project.—**
    - (A) **In general.—** The term “eligible [project](/usc/23/101.md?p=a-20)” means a [project](/usc/23/101.md?p=a-20) to replace, rehabilitate, preserve, or protect 1 or more bridges on the National Bridge Inventory under [section 144(b)](/usc/23/144.md?p=b).
    - (B) **Inclusions.—** The term “eligible [project](/usc/23/101.md?p=a-20)” includes—
      - (i) a bundle of [projects](/usc/23/101.md?p=a-20) described in [subparagraph (A)](#a-1-A), regardless of whether the bundle of [projects](/usc/23/101.md?p=a-20) meets the requirements of [section 144(j)(5)](/usc/23/144.md?p=j-5); and
      - (ii) a [project](/usc/23/101.md?p=a-20) 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](/usc/23/101.md?p=a-20)” means an eligible [project](/usc/23/101.md?p=a-20) with total eligible [project](/usc/23/101.md?p=a-20) costs of greater than $100,000,000.
  - (3) **Program.—** The term “program” means the bridge investment program established by [subsection (b)(1)](#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](/usc/23/101.md?p=a-20) 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](/usc/23/101.md?p=a-4) of eligible [projects](/usc/23/101.md?p=a-20).
- (c) **Grant Authority.—**
  - (1) **In general.—** In carrying out the program, the [Secretary](/usc/23/101.md?p=a-27) 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](/usc/23/101.md?p=a-20), in an amount that is—
      - (i) adequate to fully fund the [project](/usc/23/101.md?p=a-20) (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](/usc/23/101.md?p=a-20), in an amount that is—
      - (i) adequate to fully fund the [project](/usc/23/101.md?p=a-20) (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](/usc/23/101.md?p=a-20) receiving assistance under the program, the amount of assistance provided by the [Secretary](/usc/23/101.md?p=a-27) under this section, as a share of eligible [project](/usc/23/101.md?p=a-20) costs, shall be—
    - (A) in the case of a large [project](/usc/23/101.md?p=a-20), not more than 50 percent; and
    - (B) in the case of any other eligible [project](/usc/23/101.md?p=a-20), 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](/usc/23/101.md?p=a-20) for which a grant is made, except that the total Federal assistance provided for a [project](/usc/23/101.md?p=a-20) receiving a grant under the program may not exceed the Federal share for the [project](/usc/23/101.md?p=a-20) under section 120.
    - (B) **Off-system bridges.—** In the case of an eligible [project](/usc/23/101.md?p=a-20) for an off-system bridge (as defined in [section 133(f)(1)](/usc/23/133.md?p=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](/usc/23/101.md?p=a-20); and
      - (ii) notwithstanding [subparagraph (A)](#c-4-A), the total Federal assistance provided for the [project](/usc/23/101.md?p=a-20) shall not exceed 90 percent of the total eligible [project](/usc/23/101.md?p=a-20) 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](/usc/23/101.md?p=a-20) 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](/usc/23/101.md?p=a-27) shall consider—
      - (i) in the case of a large [project](/usc/23/101.md?p=a-20), the ratings assigned under [subsection (g)(5)(A)](#g-5-A);
      - (ii) in the case of an eligible [project](/usc/23/101.md?p=a-20) other than a large [project](/usc/23/101.md?p=a-20), the quality rating assigned under [subsection (f)(3)(A)(ii)](#f-3-A-ii);
      - (iii) the average daily person and freight throughput supported by the eligible [project](/usc/23/101.md?p=a-20);
      - (iv) the number and percentage of bridges within the same [State](/usc/23/101.md?p=a-28) as the eligible [project](/usc/23/101.md?p=a-20) that are in poor condition;
      - (v) the extent to which the eligible [project](/usc/23/101.md?p=a-20) demonstrates cost savings by bundling multiple bridge [projects](/usc/23/101.md?p=a-20);
      - (vi) in the case of an eligible [project](/usc/23/101.md?p=a-20) of a Federal land management agency, the extent to which the grant would reduce a Federal liability or Federal infrastructure [maintenance](/usc/23/101.md?p=a-13) 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](/usc/23/101.md?p=a-27) shall—
      - (i) give priority to an application for an eligible [project](/usc/23/101.md?p=a-20) that is located within a [State](/usc/23/101.md?p=a-28) for which—
        - (I) 2 or more applications for eligible [projects](/usc/23/101.md?p=a-20) within the [State](/usc/23/101.md?p=a-28) were submitted for the current fiscal year and an average of 2 or more applications for eligible [projects](/usc/23/101.md?p=a-20) within the [State](/usc/23/101.md?p=a-28) were submitted in prior fiscal years of the program; and
        - (II) fewer than 2 grants have been awarded for eligible [projects](/usc/23/101.md?p=a-20) within the [State](/usc/23/101.md?p=a-28) under the program;
      - (ii) during the period of fiscal years 2022 through 2026, for each [State](/usc/23/101.md?p=a-28) described in [clause (i)](#c-5-B-i), select—
        - (I) not fewer than 1 large [project](/usc/23/101.md?p=a-20) that the [Secretary](/usc/23/101.md?p=a-27) determines is justified under the evaluation under [subsection (g)(4)](#g-4); or
        - (II) 2 eligible [projects](/usc/23/101.md?p=a-20) that are not large [projects](/usc/23/101.md?p=a-20) that the [Secretary](/usc/23/101.md?p=a-27) determines are justified under the evaluation under [subsection (f)(3)](#f-3); and
      - (iii) not be required to award a grant for an eligible [project](/usc/23/101.md?p=a-20) that the [Secretary](/usc/23/101.md?p=a-27) does not determine is justified under an evaluation under subsection [(f)(3)](#f-3) or [(g)(4)](#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](/usc/23/101.md?p=a-20) that consist solely of culvert replacement or rehabilitation.
- (d) **Eligible Entity.—** The [Secretary](/usc/23/101.md?p=a-27) may make a grant under the program to any of the following:
  - (1) A [State](/usc/23/101.md?p=a-28) or a group of [States](/usc/23/101.md?p=a-28).
  - (2) A metropolitan planning organization that serves an [urbanized area](/usc/23/101.md?p=a-36) (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](/usc/23/101.md?p=a-28) or local government.
  - (5) A special purpose district or [public authority](/usc/23/101.md?p=a-22) 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)](#d-1) through [(7)](#d-7).
- (e) **Eligible Project Requirements.—** The [Secretary](/usc/23/101.md?p=a-27) may make a grant under the program only to an eligible entity for an eligible [project](/usc/23/101.md?p=a-20) that—
  - (1) in the case of a large [project](/usc/23/101.md?p=a-20), the [Secretary](/usc/23/101.md?p=a-27) recommends for funding in the annual report on funding recommendations under [subsection (g)(6)](#g-6), except as provided in [subsection (g)(1)(B)](#g-1-B);
  - (2) is reasonably expected to begin [construction](/usc/23/101.md?p=a-4) not later than 18 months after the date on which funds are obligated for the [project](/usc/23/101.md?p=a-20); 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](/usc/23/101.md?p=a-27) 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)](#f-1-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](/usc/23/101.md?p=a-20) other than large [projects](/usc/23/101.md?p=a-20); and
      - (ii) not later than 120 days after the date on which the solicitation under [clause (i)](#f-1-A-i) expires, conduct evaluations under [paragraph (3)](#f-3).
    - (B) **Requirements.—** In carrying out [subparagraph (A)](#f-1-A), the [Secretary](/usc/23/101.md?p=a-27) shall—
      - (i) develop a template for applicants to use to summarize [project](/usc/23/101.md?p=a-20) needs and benefits, including benefits described in [paragraph (3)(B)(i)](#f-3-B-i); and
      - (ii) enable applicants to use data from the National Bridge Inventory under [section 144(b)](/usc/23/144.md?p=b) to populate templates described in [clause (i)](#f-1-B-i), as applicable.
  - (2) **Applications.—** An eligible entity shall submit to the [Secretary](/usc/23/101.md?p=a-27) an application at such time, in such manner, and containing such information as the [Secretary](/usc/23/101.md?p=a-27) may require.
  - (3) **Evaluation.—**
    - (A) **In general.—** Prior to providing a grant under this subsection, the [Secretary](/usc/23/101.md?p=a-27) shall—
      - (i) conduct an evaluation of each eligible [project](/usc/23/101.md?p=a-20) for which an application is received under this subsection; and
      - (ii) assign a quality rating to the eligible [project](/usc/23/101.md?p=a-20) on the basis of the evaluation under [clause (i)](#f-3-A-i).
    - (B) **Requirements.—** In carrying out an evaluation under [subparagraph (A)](#f-3-A), the [Secretary](/usc/23/101.md?p=a-27) shall—
      - (i) consider information on [project](/usc/23/101.md?p=a-20) benefits submitted by the applicant using the template developed under [paragraph (1)(B)(i)](#f-1-B-i), including whether the [project](/usc/23/101.md?p=a-20) will generate, as determined by the [Secretary](/usc/23/101.md?p=a-27)—
        - (I) costs avoided by the prevention of closure or reduced use of the bridge to be improved by the [project](/usc/23/101.md?p=a-20);
        - (II) in the case of a bundle of [projects](/usc/23/101.md?p=a-20), benefits from executing the [projects](/usc/23/101.md?p=a-20) as a bundle compared to as individual [projects](/usc/23/101.md?p=a-20);
        - (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)](/usc/23/133.md?p=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](/usc/23/101.md?p=a-4) techniques; or
          - (bb) innovative technologies; or
        - (XI) reductions in [maintenance](/usc/23/101.md?p=a-13) 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)](#f-3-B-i), are more likely than not to outweigh the total [project](/usc/23/101.md?p=a-20) costs.
- (g) **Competitive Process, Evaluation, and Annual Report for Large Projects.—**
  - (1) **In general.—**
    - (A) **Applications.—** The [Secretary](/usc/23/101.md?p=a-27) shall establish an annual date by which an eligible entity submitting an application for a large [project](/usc/23/101.md?p=a-20) shall submit to the [Secretary](/usc/23/101.md?p=a-27) such information as the [Secretary](/usc/23/101.md?p=a-27) may require, including information described in [paragraph (2)](#g-2), in order for a large [project](/usc/23/101.md?p=a-20) to be considered for a recommendation by the [Secretary](/usc/23/101.md?p=a-27) for funding in the next annual report under [paragraph (6)](#g-6).
    - (B) **First fiscal year.—** Notwithstanding [subparagraph (A)](#g-1-A), for the first fiscal year for which funds are made available for obligation for grants under the program, the [Secretary](/usc/23/101.md?p=a-27) may establish a date by which an eligible entity submitting an application for a large [project](/usc/23/101.md?p=a-20) shall submit to the [Secretary](/usc/23/101.md?p=a-27) such information as the [Secretary](/usc/23/101.md?p=a-27) may require, including information described in [paragraph (2)](#g-2), in order for a large [project](/usc/23/101.md?p=a-20) to be considered for immediate execution of a grant agreement.
  - (2) **Information required.—** The information referred to in [paragraph (1)](#g-1) includes—
    - (A) all necessary information required for the [Secretary](/usc/23/101.md?p=a-27) to evaluate the large [project](/usc/23/101.md?p=a-20); and
    - (B) information sufficient for the [Secretary](/usc/23/101.md?p=a-27) to determine that—
      - (i) the large [project](/usc/23/101.md?p=a-20) meets the applicable requirements under this section; and
      - (ii) there is a reasonable likelihood that the large [project](/usc/23/101.md?p=a-20) will continue to meet the requirements under this section.
  - (3) **Determination; notice.—** On making a determination that information submitted to the [Secretary](/usc/23/101.md?p=a-27) under [paragraph (1)](#g-1) is sufficient, the [Secretary](/usc/23/101.md?p=a-27) 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](/usc/23/101.md?p=a-27) may recommend a large [project](/usc/23/101.md?p=a-20) for funding in the annual report under [paragraph (6)](#g-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](/usc/23/101.md?p=a-20), only if the [Secretary](/usc/23/101.md?p=a-27) evaluates the proposed [project](/usc/23/101.md?p=a-20) and determines that the [project](/usc/23/101.md?p=a-20) is justified because the [project](/usc/23/101.md?p=a-20)—
    - (A) addresses a need to improve the condition of the bridge, as determined by the [Secretary](/usc/23/101.md?p=a-27), consistent with the goals of the program under [subsection (b)(2)](#b-2);
    - (B) will generate, as determined by the [Secretary](/usc/23/101.md?p=a-27)—
      - (i) costs avoided by the prevention of closure or reduced use of the bridge to be improved by the [project](/usc/23/101.md?p=a-20);
      - (ii) in the case of a bundle of [projects](/usc/23/101.md?p=a-20), benefits from executing the [projects](/usc/23/101.md?p=a-20) as a bundle compared to as individual [projects](/usc/23/101.md?p=a-20);
      - (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)](/usc/23/133.md?p=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](/usc/23/101.md?p=a-4) techniques; or
        - (II) innovative technologies; or
      - (xi) reductions in [maintenance](/usc/23/101.md?p=a-13) 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)](#g-4-B) are expected to outweigh the [project](/usc/23/101.md?p=a-20) costs;
    - (D) is supported by other Federal or non-Federal financial commitments or revenues adequate to fund ongoing [maintenance](/usc/23/101.md?p=a-13) and preservation; and
    - (E) is consistent with the objectives of an applicable [asset management](/usc/23/101.md?p=a-2) plan of the [project](/usc/23/101.md?p=a-20) sponsor, including a [State](/usc/23/101.md?p=a-28) [asset management](/usc/23/101.md?p=a-2) plan under [section 119(e)](/usc/23/119.md?p=e) in the case of a [project](/usc/23/101.md?p=a-20) on the [National Highway System](/usc/23/101.md?p=a-16) that is sponsored by a [State](/usc/23/101.md?p=a-28).
  - (5) **Ratings.—**
    - (A) **In general.—** The [Secretary](/usc/23/101.md?p=a-27) shall develop a methodology to evaluate and rate a large [project](/usc/23/101.md?p=a-20) 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)](#g-4-B);
      - (ii) [paragraph (4)(C)](#g-4-C); and
      - (iii) [paragraph (4)(D)](#g-4-D).
    - (B) **Requirement.—** To be considered justified and receive a recommendation for funding in the annual report under [paragraph (6)](#g-6), a [project](/usc/23/101.md?p=a-20) shall receive a rating of not less than “medium” for each rating required under [subparagraph (A)](#g-5-A).
    - (C) **Interim methodology.—** In the first fiscal year for which funds are made available for obligation for grants under the program, the [Secretary](/usc/23/101.md?p=a-27) may establish an interim methodology to evaluate and rate a large [project](/usc/23/101.md?p=a-20) for each of—
      - (i) [paragraph (4)(B)](#g-4-B);
      - (ii) [paragraph (4)(C)](#g-4-C); and
      - (iii) [paragraph (4)(D)](#g-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](/usc/23/101.md?p=a-27) 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](/usc/23/101.md?p=a-20) 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)](#g-4) and ratings under [paragraph (5)](#g-5) for each [project](/usc/23/101.md?p=a-20) referred to in [clause (i)](#g-6-A-i);
      - (iii) the grant amounts that the [Secretary](/usc/23/101.md?p=a-27) recommends providing to large [projects](/usc/23/101.md?p=a-20) in the next fiscal year, including—
        - (I) scheduled payments under previously signed multiyear grant agreements under [subsection (j)](#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](/usc/23/101.md?p=a-11) Trust Fund for that fiscal year will be distributed; and
      - (iv) for each [project](/usc/23/101.md?p=a-20) for which the [Secretary](/usc/23/101.md?p=a-27) recommends a new multiyear grant agreement under [subsection (j)](#j), the proposed payout schedule for the [project](/usc/23/101.md?p=a-20).
    - (B) **Limitations.—**
      - (i) **In general.—** The [Secretary](/usc/23/101.md?p=a-27) shall not recommend in an annual report under this paragraph a new multiyear grant agreement provided from funds from the [Highway](/usc/23/101.md?p=a-11) Trust Fund unless the [Secretary](/usc/23/101.md?p=a-27) determines that the [project](/usc/23/101.md?p=a-20) can be completed using funds that are anticipated to be available from the [Highway](/usc/23/101.md?p=a-11) Trust Fund in future fiscal years.
      - (ii) **General fund projects.—** The [Secretary](/usc/23/101.md?p=a-27)—
        - (I) may recommend for funding in an annual report under this paragraph a large [project](/usc/23/101.md?p=a-20) using funds from the general fund of the Treasury; but
        - (II) shall not execute a grant agreement for that [project](/usc/23/101.md?p=a-20) unless—
          - (aa) funds other than from the [Highway](/usc/23/101.md?p=a-11) Trust Fund have been made available for the [project](/usc/23/101.md?p=a-20); and
          - (bb) the [Secretary](/usc/23/101.md?p=a-27) determines that the [project](/usc/23/101.md?p=a-20) can be completed using funds other than from the [Highway](/usc/23/101.md?p=a-11) Trust Fund that are anticipated to be available in future fiscal years.
    - (C) **Considerations.—** In selecting [projects](/usc/23/101.md?p=a-20) 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](/usc/23/101.md?p=a-20) for immediate execution of a grant agreement, the [Secretary](/usc/23/101.md?p=a-27) shall—
      - (i) consider the amount of funds available in future fiscal years for multiyear grant agreements as described in [subparagraph (B)](#g-6-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](/usc/23/101.md?p=a-20) under the program in the last fiscal year of the period of authorization.
    - (D) **Project diversity.—** In selecting [projects](/usc/23/101.md?p=a-20) to recommend for funding in the annual report under this paragraph, the [Secretary](/usc/23/101.md?p=a-27) shall ensure diversity among [projects](/usc/23/101.md?p=a-20) recommended based on—
      - (i) the amount of the grant requested; and
      - (ii) grants for an eligible [project](/usc/23/101.md?p=a-20) for 1 bridge compared to an eligible [project](/usc/23/101.md?p=a-20) that is a bundle of [projects](/usc/23/101.md?p=a-20).
- (h) **Eligible Project Costs.—** A grant received for an eligible [project](/usc/23/101.md?p=a-20) 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](/usc/23/101.md?p=a-4), reconstruction, rehabilitation, acquisition of real property (including land related to the [project](/usc/23/101.md?p=a-20) and improvements to the land), environmental mitigation, [construction](/usc/23/101.md?p=a-4) contingencies, acquisition of equipment, and [operational improvements](/usc/23/101.md?p=a-19) directly related to improving system performance; and
  - (3) expenses related to the protection (as described in [section 133(b)(10)](/usc/23/133.md?p=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](/usc/23/101.md?p=a-20), the [Secretary](/usc/23/101.md?p=a-27) 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](/usc/23/chch6.md) with respect to the eligible [project](/usc/23/101.md?p=a-20) for which the grant was awarded.
- (j) **Multiyear Grant Agreements for Large Projects.—**
  - (1) **In general.—** A large [project](/usc/23/101.md?p=a-20) 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](/usc/23/101.md?p=a-20) described in [paragraph (1)](#j-1) shall—
    - (A) establish the terms of participation by the Federal Government in the [project](/usc/23/101.md?p=a-20);
    - (B) establish the maximum amount of Federal financial assistance for the [project](/usc/23/101.md?p=a-20) in accordance with paragraphs [(3)](#c-3) and [(4)](#c-4) of subsection (c);
    - (C) establish a payout schedule for the [project](/usc/23/101.md?p=a-20) 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](/usc/23/101.md?p=a-20), even if that period extends beyond the period of an authorization; and
    - (E) attempt to improve timely and efficient management of the [project](/usc/23/101.md?p=a-20), 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](/usc/23/101.md?p=a-28) 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](/usc/23/101.md?p=a-20) within a reasonable time shall be considered a cost of carrying out the [project](/usc/23/101.md?p=a-20) 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](/usc/23/101.md?p=a-20) at the time of borrowing.
      - (ii) **Certification.—** The applicant shall certify to the [Secretary](/usc/23/101.md?p=a-27) 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](/usc/23/101.md?p=a-20) under a multiyear grant agreement—
    - (A) may use funds made available to the eligible entity under this title for eligible [project](/usc/23/101.md?p=a-20) costs of the large [project](/usc/23/101.md?p=a-20) until the amount specified in the multiyear grant agreement for the [project](/usc/23/101.md?p=a-20) for that fiscal year becomes available for obligation; and
    - (B) if the eligible entity uses funds as described in [subparagraph (A)](#j-4-A), the funds used shall be reimbursed from the amount made available under the multiyear grant agreement for the [project](/usc/23/101.md?p=a-20).
- (k) **Undertaking Parts of Projects in Advance Under Letters of No Prejudice.—**
  - (1) **In general.—** The [Secretary](/usc/23/101.md?p=a-27) may pay to an applicant all eligible [project](/usc/23/101.md?p=a-20) costs under the program, including costs for an activity for an eligible [project](/usc/23/101.md?p=a-20) incurred prior to the date on which the [project](/usc/23/101.md?p=a-20) receives funding under the program if—
    - (A) before the applicant carries out the activity, the [Secretary](/usc/23/101.md?p=a-27) approves through a letter to the applicant the activity in the same manner as the [Secretary](/usc/23/101.md?p=a-27) 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](/usc/42/4321.md) et seq.) has been issued for the eligible [project](/usc/23/101.md?p=a-20); 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)](#k-1), the cost of carrying out an activity for an eligible [project](/usc/23/101.md?p=a-20) 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](/usc/23/101.md?p=a-20), 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](/usc/23/101.md?p=a-20) at the time of borrowing.
    - (B) **Certification.—** The applicant shall certify to the [Secretary](/usc/23/101.md?p=a-27) that the applicant has shown reasonable diligence in seeking the most favorable financing terms under [subparagraph (A)](#k-2-A).
  - (3) **No obligation or influence on recommendations.—** An approval by the [Secretary](/usc/23/101.md?p=a-27) under [paragraph (1)(A)](#k-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)](#f-3-A-i) or [(g)(4)](#g-4) or any recommendation by the [Secretary](/usc/23/101.md?p=a-27) 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](/usc/23/101.md?p=a-28) or local entity after completion of the [project](/usc/23/101.md?p=a-20); and
    - (B) may apply jointly with the [State](/usc/23/101.md?p=a-28) or local entity to which the bridge may be divested.
  - (2) **Treatment.—** Notwithstanding any other provision of law, [section 129](/usc/23/129.md) 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)](#l-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](/usc/23/101.md?p=a-20) assisted under this section shall be treated as a [project](/usc/23/101.md?p=a-20) on a [Federal-aid highway](/usc/23/101.md?p=a-6) under this chapter.
- (n) **Congressional Notification.—** Not later than 30 days before making a grant for an eligible [project](/usc/23/101.md?p=a-20) under the program, the [Secretary](/usc/23/101.md?p=a-27) 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](/usc/23/101.md?p=a-20); and
  - (2) the amount of the proposed grant.
- (o) **Reports.—**
  - (1) **Annual report.—** Not later than August 1 of each fiscal year, the [Secretary](/usc/23/101.md?p=a-27) shall make available on the website of the Department of Transportation an annual report that lists each eligible [project](/usc/23/101.md?p=a-20) 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](/usc/23/101.md?p=a-20) that received a grant under the program was selected; and
      - (ii) the justification and criteria used for the selection of each eligible [project](/usc/23/101.md?p=a-20).
- (p) **Limitation.—**
  - (1) **Large projects.—** Of the amounts made available out of the [Highway](/usc/23/101.md?p=a-11) 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](/usc/23/101.md?p=a-20).
  - (2) **Unutilized amounts.—** If, in fiscal year 2026, the [Secretary](/usc/23/101.md?p=a-27) determines that grants under the program will not allow for the requirement under [paragraph (1)](#p-1) to be met, the [Secretary](/usc/23/101.md?p=a-27) 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](/usc/23/101.md?p=a-11) Trust Fund (other than the Mass Transit Account) for a fiscal year to carry out this section, the [Secretary](/usc/23/101.md?p=a-27) shall use, to carry out [section 202(d)](/usc/23/202.md?p=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](/usc/23/201.md), funds made available for [section 202(d)](/usc/23/202.md?p=d) under [paragraph (1)](#q-1) shall be considered to be part of the tribal transportation program.

## Source credit

(Added Pub. L. 117–58, div. A, title I, § 11118(a), Nov. 15, 2021, 135 Stat. 484.)

## Notes

### Editorial Notes

### References in Text

The National Environmental Policy Act of 1969, referred to in subsec. (k)(1)(B), is Pub. L. 91–190, Jan. 1, 1970, 83 Stat. 852, which is classified generally to chapter 55 (§ 4321 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 4321 of Title 42 and Tables.

The date of enactment of the Surface Transportation Reauthorization Act of 2021, referred to in subsec. (o)(2), is the date of enactment of div. A of Pub. L. 117–58, which was approved Nov. 15, 2021.

### Prior Provisions

A prior section 124, Pub. L. 85–767, Aug. 27, 1958, 72 Stat. 901; Pub. L. 95–599, title I, § 118, Nov. 6, 1978, 92 Stat. 2699; Pub. L. 105–178, title I, §§ 1212(a)(2)(A)(i), 1226(c), June 9, 1998, 112 Stat. 193; Pub. L. 105–206, title IX, § 9003(a), July 22, 1998, 112 Stat. 837, related to advances to States, prior to repeal by Pub. L. 112–141, § 3(a), div. A, title I, § 1519(b)(1)(A), July 6, 2012, 126 Stat. 413, 575, effective Oct. 1, 2012.

### Statutory Notes and Related Subsidiaries

### Effective Date

Section effective Oct. 1, 2021, see section 10003 of Pub. L. 117–58, set out as an Effective Date of 2021 Amendment note under section 101 of this title.