Text - H.R.3684 - 117th Congress (2021-2022): Infrastructure Investment and Jobs Act | Congress.gov | Library of Congress

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Sponsor:Rep. DeFazio, Peter A. [D-OR-4] (Introduced 06/04/2021)
Committees:House - Transportation and Infrastructure
Committee Meetings:03/15/22 2:30PM 06/09/21 10:00AM
Committee Reports:H. Rept. 117-70; H. Rept. 117-70,Part 2
Committee Prints:H.Prt. 117-8, H.Prt. 117-9
Latest Action:11/15/2021 Became Public Law No: 117-58. (TXT | PDF)(All Actions)
Roll Call Votes:There have been 35 roll call votes
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Text: H.R.3684 — 117th Congress (2021-2022)All Information (Except Text)

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[117th Congress Public Law 58][From the U.S. Government Publishing Office][[Page 135 STAT. 429]]Public Law 117-58117th CongressAn ActTo authorize funds for Federal-aid highways, highway safety programs,and transit programs, and for other purposes. <>Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, <> SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) <>Short Title.--This Act may be cited as the ``Infrastructure Investment and Jobs Act''. (b) Table of Contents.--The table of contents for this Act is as follows:Sec. 1. Short title; table of contents.Sec. 2. References. DIVISION A--SURFACE TRANSPORTATIONSec. 10001. Short title.Sec. 10002. Definitions.Sec. 10003. Effective date. TITLE I--FEDERAL-AID HIGHWAYSSubtitle A--Authorizations and ProgramsSec. 11101. Authorization of appropriations.Sec. 11102. Obligation ceiling.Sec. 11103. Definitions.Sec. 11104. Apportionment.Sec. 11105. National highway performance program.Sec. 11106. Emergency relief.Sec. 11107. Federal share payable.Sec. 11108. Railway-highway grade crossings.Sec. 11109. Surface transportation block grant program.Sec. 11110. Nationally significant freight and highway projects.Sec. 11111. Highway safety improvement program.Sec. 11112. Federal lands transportation program.Sec. 11113. Federal lands access program.Sec. 11114. National highway freight program.Sec. 11115. Congestion mitigation and air quality improvement program.Sec. 11116. Alaska Highway.Sec. 11117. Toll roads, bridges, tunnels, and ferries.Sec. 11118. Bridge investment program.Sec. 11119. Safe routes to school.Sec. 11120. Highway use tax evasion projects.Sec. 11121. Construction of ferry boats and ferry terminal facilities.Sec. 11122. Vulnerable road user research.Sec. 11123. Wildlife crossing safety.Sec. 11124. Consolidation of programs.Sec. 11125. GAO report.Sec. 11126. Territorial and Puerto Rico highway program.Sec. 11127. Nationally significant Federal lands and Tribal projectsprogram.Sec. 11128. Tribal high priority projects program.Sec. 11129. Standards.Sec. 11130. Public transportation.[[Page 135 STAT. 430]]Sec. 11131. Reservation of certain funds.Sec. 11132. Rural surface transportation grant program.Sec. 11133. Bicycle transportation and pedestrian walkways.Sec. 11134. Recreational trails program.Sec. 11135. Updates to Manual on Uniform Traffic Control Devices. Subtitle B--Planning and Performance ManagementSec. 11201. Transportation planning.Sec. 11202. Fiscal constraint on long-range transportation plans.Sec. 11203. State human capital plans.Sec. 11204. Prioritization process pilot program.Sec. 11205. Travel demand data and modeling.Sec. 11206. Increasing safe and accessible transportation options. Subtitle C--Project Delivery and Process ImprovementSec. 11301. Codification of One Federal Decision.Sec. 11302. Work zone process reviews.Sec. 11303. Transportation management plans.Sec. 11304. Intelligent transportation systems.Sec. 11305. Alternative contracting methods.Sec. 11306. Flexibility for projects.Sec. 11307. Improved Federal-State stewardship and oversight agreements.Sec. 11308. Geomatic data.Sec. 11309. Evaluation of projects within an operational right-of-way.Sec. 11310. Preliminary engineering.Sec. 11311. Efficient implementation of NEPA for Federal land managementprojects.Sec. 11312. National Environmental Policy Act of 1969 reporting program.Sec. 11313. Surface transportation project delivery program writtenagreements.Sec. 11314. State assumption of responsibility for categoricalexclusions.Sec. 11315. Early utility relocation prior to transportation projectenvironmental review.Sec. 11316. Streamlining of section 4(f) reviews.Sec. 11317. Categorical exclusion for projects of limited Federalassistance.Sec. 11318. Certain gathering lines located on Federal land and Indianland.Sec. 11319. Annual report.Subtitle D--Climate ChangeSec. 11401. Grants for charging and fueling infrastructure.Sec. 11402. Reduction of truck emissions at port facilities.Sec. 11403. Carbon reduction program.Sec. 11404. Congestion relief program.Sec. 11405. Promoting Resilient Operations for Transformative,Efficient, and Cost-saving Transportation (PROTECT) program.Sec. 11406. Healthy Streets program.Subtitle E--MiscellaneousSec. 11501. Additional deposits into Highway Trust Fund.Sec. 11502. Stopping threats on pedestrians.Sec. 11503. Transfer and sale of toll credits.Sec. 11504. Study of impacts on roads from self-driving vehicles.Sec. 11505. Disaster relief mobilization study.Sec. 11506. Appalachian Regional Commission.Sec. 11507. Denali Commission.Sec. 11508. Requirements for transportation projects carried out throughpublic-private partnerships.Sec. 11509. Reconnecting communities pilot program.Sec. 11510. Cybersecurity tool; cyber coordinator.Sec. 11511. Report on emerging alternative fuel vehicles andinfrastructure.Sec. 11512. Nonhighway recreational fuel study.Sec. 11513. Buy America.Sec. 11514. High priority corridors on the National Highway System.Sec. 11515. Interstate weight limits.Sec. 11516. Report on air quality improvements.Sec. 11517. Roadside highway safety hardware.Sec. 11518. Permeable pavements study.Sec. 11519. Emergency relief projects.Sec. 11520. Study on stormwater best management practices.Sec. 11521. Stormwater best management practices reports.Sec. 11522. Invasive plant elimination program.Sec. 11523. Over-the-road bus tolling equity.[[Page 135 STAT. 431]]Sec. 11524. Bridge terminology.Sec. 11525. Technical corrections.Sec. 11526. Working group on covered resources.Sec. 11527. Blood transport vehicles.Sec. 11528. Pollinator-friendly practices on roadsides and highwayrights-of-way.Sec. 11529. Active transportation infrastructure investment program.Sec. 11530. Highway cost allocation study.TITLE II--TRANSPORTATION INFRASTRUCTURE FINANCE AND INNOVATIONSec. 12001. Transportation Infrastructure Finance and Innovation Act of1998 amendments.Sec. 12002. Federal requirements for TIFIA eligibility and projectselection. TITLE III--RESEARCH, TECHNOLOGY, AND EDUCATIONSec. 13001. Strategic innovation for revenue collection.Sec. 13002. National motor vehicle per-mile user fee pilot.Sec. 13003. Performance management data support program.Sec. 13004. Data integration pilot program.Sec. 13005. Emerging technology research pilot program.Sec. 13006. Research and technology development and deployment.Sec. 13007. Workforce development, training, and education.Sec. 13008. Wildlife-vehicle collision research.Sec. 13009. Transportation Resilience and Adaptation Centers ofExcellence.Sec. 13010. Transportation access pilot program.TITLE IV--INDIAN AFFAIRSSec. 14001. Definition of Secretary.Sec. 14002. Environmental reviews for certain tribal transportationfacilities.Sec. 14003. Programmatic agreements for tribal categorical exclusions.Sec. 14004. Use of certain tribal transportation funds.Sec. 14005. Bureau of Indian Affairs road maintenance program.Sec. 14006. Study of road maintenance on Indian land.Sec. 14007. Maintenance of certain Indian reservation roads.Sec. 14008. Tribal transportation safety needs.Sec. 14009. Office of Tribal Government Affairs.DIVISION B--SURFACE TRANSPORTATION INVESTMENT ACT OF 2021Sec. 20001. Short title.Sec. 20002. Definitions. TITLE I--MULTIMODAL AND FREIGHT TRANSPORTATIONSubtitle A--Multimodal Freight PolicySec. 21101. Office of Multimodal Freight Infrastructure and Policy.Sec. 21102. Updates to National Freight Plan.Sec. 21103. State collaboration with National Multimodal FreightNetwork.Sec. 21104. Improving State freight plans.Sec. 21105. Implementation of National Multimodal Freight Network.Sec. 21106. Multi-State freight corridor planning.Sec. 21107. State freight advisory committees.Subtitle B--Multimodal InvestmentSec. 21201. National infrastructure project assistance.Sec. 21202. Local and regional project assistance.Sec. 21203. National culvert removal, replacement, and restoration grantprogram.Sec. 21204. National multimodal cooperative freight research program.Sec. 21205. Rural and Tribal infrastructure advancement.Subtitle C--Railroad Rehabilitation and Improvement Financing ReformsSec. 21301. RRIF codification and reforms.Sec. 21302. Substantive criteria and standards.Sec. 21303. Semiannual report on transit-oriented developmenteligibility.TITLE II--RAILSec. 22001. Short title.Subtitle A--Authorization of AppropriationsSec. 22101. Grants to Amtrak.[[Page 135 STAT. 432]]Sec. 22102. Federal Railroad Administration.Sec. 22103. Consolidated rail infrastructure and safety improvementsgrants.Sec. 22104. Railroad crossing elimination program.Sec. 22105. Restoration and enhancement grants.Sec. 22106. Federal-State partnership for intercity passenger railgrants.Sec. 22107. Amtrak Office of Inspector General.Subtitle B--Amtrak ReformsSec. 22201. Amtrak findings, mission, and goals.Sec. 22202. Composition of Amtrak's Board of Directors.Sec. 22203. Station agents.Sec. 22204. Increasing oversight of changes to Amtrak long-distanceroutes and other intercity services.Sec. 22205. Improved oversight of Amtrak accounting.Sec. 22206. Improved oversight of Amtrak spending.Sec. 22207. Increasing service line and asset line plan transparency.Sec. 22208. Passenger experience enhancement.Sec. 22209. Amtrak smoking policy.Sec. 22210. Protecting Amtrak routes through rural communities.Sec. 22211. State-Supported Route Committee.Sec. 22212. Enhancing cross border service.Sec. 22213. Creating quality jobs.Sec. 22214. Amtrak daily long-distance service study.Subtitle C--Intercity Passenger Rail PolicySec. 22301. Northeast Corridor planning.Sec. 22302. Northeast Corridor Commission.Sec. 22303. Consolidated rail infrastructure and safety improvements.Sec. 22304. Restoration and enhancement grants.Sec. 22305. Railroad crossing elimination program.Sec. 22306. Interstate rail compacts.Sec. 22307. Federal-State partnership for intercity passenger railgrants.Sec. 22308. Corridor identification and development program.Sec. 22309. Surface Transportation Board passenger rail program. Subtitle D--Rail SafetySec. 22401. Railway-highway crossings program evaluation.Sec. 22402. Grade crossing accident prediction model.Sec. 22403. Periodic updates to highway-rail crossing reports and plans.Sec. 22404. Blocked crossing portal.Sec. 22405. Data accessibility.Sec. 22406. Emergency lighting.Sec. 22407. Comprehensive rail safety review of Amtrak.Sec. 22408. Completion of hours of service and fatigue studies.Sec. 22409. Positive train control study.Sec. 22410. Operating crew member training, qualification, andcertification.Sec. 22411. Transparency and safety.Sec. 22412. Research and development.Sec. 22413. Rail research and development center of excellence.Sec. 22414. Quarterly report on positive train control systemperformance.Sec. 22415. Speed limit action plans.Sec. 22416. New passenger service pre-revenue safety validation plan.Sec. 22417. Federal Railroad Administration accident and incidentinvestigations.Sec. 22418. Civil penalty enforcement authority.Sec. 22419. Advancing safety and innovative technology.Sec. 22420. Passenger rail vehicle occupant protection systems.Sec. 22421. Federal Railroad Administration reporting requirements.Sec. 22422. National Academies study on trains longer than 7,500 feet.Sec. 22423. High-speed train noise emissions.Sec. 22424. Critical incident stress plans.Sec. 22425. Requirements for railroad freight cars placed into servicein the United States.Sec. 22426. Railroad point of contact for public safety issues.Sec. 22427. Controlled substances testing for mechanical employees.TITLE III--MOTOR CARRIER SAFETYSec. 23001. Authorization of appropriations.Sec. 23002. Motor carrier safety advisory committee.Sec. 23003. Combating human trafficking.Sec. 23004. Immobilization grant program.Sec. 23005. Commercial motor vehicle enforcement training and support.[[Page 135 STAT. 433]]Sec. 23006. Study of commercial motor vehicle crash causation.Sec. 23007. Promoting women in the trucking workforce.Sec. 23008. State inspection of passenger-carrying commercial motorvehicles.Sec. 23009. Truck Leasing Task Force.Sec. 23010. Automatic emergency braking.Sec. 23011. Underride protection.Sec. 23012. Providers of recreational activities.Sec. 23013. Amendments to regulations relating to transportation ofhousehold goods in interstate commerce.Sec. 23014. Improving Federal-State motor carrier safety enforcementcoordination.Sec. 23015. Limousine research.Sec. 23016. National Consumer Complaint Database.Sec. 23017. Electronic logging device oversight.Sec. 23018. Transportation of agricultural commodities and farmsupplies.Sec. 23019. Modification of restrictions on certain commercial driver'slicenses.Sec. 23020. Report on human trafficking violations involving commercialmotor vehicles.Sec. 23021. Broker guidance relating to Federal motor carrier safetyregulations.Sec. 23022. Apprenticeship pilot program.Sec. 23023. Limousine compliance with Federal safety standards.TITLE IV--HIGHWAY AND MOTOR VEHICLE SAFETY Subtitle A--Highway Traffic SafetySec. 24101. Authorization of appropriations.Sec. 24102. Highway safety programs.Sec. 24103. Highway safety research and development.Sec. 24104. High-visibility enforcement programs.Sec. 24105. National priority safety programs.Sec. 24106. Multiple substance-impaired driving prevention.Sec. 24107. Minimum penalties for repeat offenders for driving whileintoxicated or driving under the influence.Sec. 24108. Crash data.Sec. 24109. Review of Move Over or Slow Down Law public awareness.Sec. 24110. Review of laws, safety measures, and technologies relatingto school buses.Sec. 24111. Motorcyclist Advisory Council.Sec. 24112. Safe Streets and Roads for All grant program.Sec. 24113. Implementation of GAO recommendations.Subtitle B--Vehicle SafetySec. 24201. Authorization of appropriations.Sec. 24202. Recall completion.Sec. 24203. Recall engagement.Sec. 24204. Motor vehicle seat back safety standards.Sec. 24205. Automatic shutoff.Sec. 24206. Petitions by interested persons for standards andenforcement.Sec. 24207. Child safety seat accessibility study.Sec. 24208. Crash avoidance technology.Sec. 24209. Reduction of driver distraction.Sec. 24210. Rulemaking report.Sec. 24211. Global harmonization.Sec. 24212. Headlamps.Sec. 24213. New Car Assessment Program.Sec. 24214. Hood and bumper standards.Sec. 24215. Emergency medical services and 9-1-1.Sec. 24216. Early warning reporting.Sec. 24217. Improved vehicle safety databases.Sec. 24218. National Driver Register Advisory Committee repeal.Sec. 24219. Research on connected vehicle technology.Sec. 24220. Advanced impaired driving technology.Sec. 24221. GAO report on crash dummies.Sec. 24222. Child safety.TITLE V--RESEARCH AND INNOVATIONSec. 25001. Intelligent Transportation Systems Program AdvisoryCommittee.Sec. 25002. Smart Community Resource Center.Sec. 25003. Federal support for local decisionmaking.Sec. 25004. Bureau of Transportation Statistics.Sec. 25005. Strengthening mobility and revolutionizing transportationgrant program.[[Page 135 STAT. 434]]Sec. 25006. Electric vehicle working group.Sec. 25007. Risk and system resilience.Sec. 25008. Coordination on emerging transportation technology.Sec. 25009. Interagency Infrastructure Permitting Improvement Center.Sec. 25010. Rural opportunities to use transportation for economicsuccess initiative.Sec. 25011. Safety data initiative.Sec. 25012. Advanced transportation research.Sec. 25013. Open research initiative.Sec. 25014. Transportation research and development 5-year strategicplan.Sec. 25015. Research planning modifications.Sec. 25016. Incorporation of Department of Transportation research.Sec. 25017. University transportation centers program.Sec. 25018. National travel and tourism infrastructure strategic plan.Sec. 25019. Local hiring preference for construction jobs.Sec. 25020. Transportation workforce development.Sec. 25021. Intermodal Transportation Advisory Board repeal.Sec. 25022. GAO cybersecurity recommendations.Sec. 25023. Volpe oversight.Sec. 25024. Modifications to grant program.Sec. 25025. Drug-impaired driving data collection.Sec. 25026. Report on marijuana research.Sec. 25027. GAO study on improving the efficiency of traffic systems. TITLE VI--HAZARDOUS MATERIALSSec. 26001. Authorization of appropriations.Sec. 26002. Assistance for local emergency response training grantprogram.Sec. 26003. Real-time emergency response information. TITLE VII--GENERAL PROVISIONSSec. 27001. Performance measurement, transparency, and accountability.Sec. 27002. Coordination regarding forced labor.Sec. 27003. Department of Transportation spectrum audit.Sec. 27004. Study and reports on the travel and tourism activities ofthe Department.TITLE VIII--SPORT FISH RESTORATION AND RECREATIONAL BOATING SAFETYSec. 28001. Sport fish restoration and recreational boating safety.DIVISION C--TRANSITSec. 30001. Definitions.Sec. 30002. Metropolitan transportation planning.Sec. 30003. Statewide and nonmetropolitan transportation planning.Sec. 30004. Planning programs.Sec. 30005. Fixed guideway capital investment grants.Sec. 30006. Formula grants for rural areas.Sec. 30007. Public transportation innovation.Sec. 30008. Bus testing facilities.Sec. 30009. Transit-oriented development.Sec. 30010. General provisions.Sec. 30011. Public transportation emergency relief program.Sec. 30012. Public transportation safety program.Sec. 30013. Administrative provisions.Sec. 30014. National transit database.Sec. 30015. Apportionment of appropriations for formula grants.Sec. 30016. State of good repair grants.Sec. 30017. Authorizations.Sec. 30018. Grants for buses and bus facilities.Sec. 30019. Washington Metropolitan Area Transit Authority safety,accountability, and investment.DIVISION D--ENERGYSec. 40001. Definitions.TITLE I--GRID INFRASTRUCTURE AND RESILIENCY Subtitle A--Grid Infrastructure Resilience and ReliabilitySec. 40101. Preventing outages and enhancing the resilience of theelectric grid.Sec. 40102. Hazard mitigation using disaster assistance.[[Page 135 STAT. 435]]Sec. 40103. Electric grid reliability and resilience research,development, and demonstration.Sec. 40104. Utility demand response.Sec. 40105. Siting of interstate electric transmission facilities.Sec. 40106. Transmission facilitation program.Sec. 40107. Deployment of technologies to enhance grid flexibility.Sec. 40108. State energy security plans.Sec. 40109. State energy program.Sec. 40110. Power marketing administration transmission borrowingauthority.Sec. 40111. Study of codes and standards for use of energy storagesystems across sectors.Sec. 40112. Demonstration of electric vehicle battery second-lifeapplications for grid services.Sec. 40113. Columbia Basin power management.Subtitle B--CybersecuritySec. 40121. Enhancing grid security through public-private partnerships.Sec. 40122. Energy Cyber Sense program.Sec. 40123. Incentives for advanced cybersecurity technology investment.Sec. 40124. Rural and municipal utility advanced cybersecurity grant andtechnical assistance program.Sec. 40125. Enhanced grid security.Sec. 40126. Cybersecurity plan.Sec. 40127. Savings provision. TITLE II--SUPPLY CHAINS FOR CLEAN ENERGY TECHNOLOGIESSec. 40201. Earth Mapping Resources Initiative.Sec. 40202. National Cooperative Geologic Mapping Program.Sec. 40203. National Geological and Geophysical Data PreservationProgram.Sec. 40204. USGS energy and minerals research facility.Sec. 40205. Rare earth elements demonstration facility.Sec. 40206. Critical minerals supply chains and reliability.Sec. 40207. Battery processing and manufacturing.Sec. 40208. Electric drive vehicle battery recycling and second-lifeapplications program.Sec. 40209. Advanced energy manufacturing and recycling grant program.Sec. 40210. Critical minerals mining and recycling research.Sec. 40211. 21st Century Energy Workforce Advisory Board. TITLE III--FUELS AND TECHNOLOGY INFRASTRUCTURE INVESTMENTSSubtitle A--Carbon Capture, Utilization, Storage, and TransportationInfrastructureSec. 40301. Findings.Sec. 40302. Carbon utilization program.Sec. 40303. Carbon capture technology program.Sec. 40304. Carbon dioxide transportation infrastructure finance andinnovation.Sec. 40305. Carbon storage validation and testing.Sec. 40306. Secure geologic storage permitting.Sec. 40307. Geologic carbon sequestration on the outer ContinentalShelf.Sec. 40308. Carbon removal.Subtitle B--Hydrogen Research and DevelopmentSec. 40311. Findings; purpose.Sec. 40312. Definitions.Sec. 40313. Clean hydrogen research and development program.Sec. 40314. Additional clean hydrogen programs.Sec. 40315. Clean hydrogen production qualifications. Subtitle C--Nuclear Energy InfrastructureSec. 40321. Infrastructure planning for micro and small modular nuclearreactors.Sec. 40322. Property interests relating to certain projects andprotection of information relating to certain agreements.Sec. 40323. Civil nuclear credit program. Subtitle D--HydropowerSec. 40331. Hydroelectric production incentives.Sec. 40332. Hydroelectric efficiency improvement incentives.Sec. 40333. Maintaining and enhancing hydroelectricity incentives.Sec. 40334. Pumped storage hydropower wind and solar integration andsystem reliability initiative.[[Page 135 STAT. 436]]Sec. 40335. Authority for pumped storage hydropower development usingmultiple Bureau of Reclamation reservoirs.Sec. 40336. Limitations on issuance of certain leases of powerprivilege.Subtitle E--MiscellaneousSec. 40341. Solar energy technologies on current and former mine land.Sec. 40342. Clean energy demonstration program on current and formermine land.Sec. 40343. Leases, easements, and rights-of-way for energy and relatedpurposes on the outer Continental Shelf. TITLE IV--ENABLING ENERGY INFRASTRUCTURE INVESTMENT AND DATA COLLECTIONSubtitle A--Department of Energy Loan ProgramSec. 40401. Department of Energy loan programs.Subtitle B--Energy Information AdministrationSec. 40411. Definitions.Sec. 40412. Data collection in the electricity sector.Sec. 40413. Expansion of energy consumption surveys.Sec. 40414. Data collection on electric vehicle integration with theelectricity grids.Sec. 40415. Plan for the modeling and forecasting of demand for mineralsused in the energy sector.Sec. 40416. Expansion of international energy data.Sec. 40417. Plan for the National Energy Modeling System.Sec. 40418. Report on costs of carbon abatement in the electricitysector.Sec. 40419. Harmonization of efforts and data.Subtitle C--MiscellaneousSec. 40431. Consideration of measures to promote greater electrificationof the transportation sector.Sec. 40432. Office of public participation.Sec. 40433. Digital climate solutions report.Sec. 40434. Study and report by the Secretary of Energy on job loss andimpacts on consumer energy costs due to the revocation of thepermit for the Keystone XL pipeline.Sec. 40435. Study on impact of electric vehicles.Sec. 40436. Study on impact of forced labor in China on the electricvehicle supply chain.TITLE V--ENERGY EFFICIENCY AND BUILDING INFRASTRUCTURESubtitle A--Residential and Commercial Energy EfficiencySec. 40501. Definitions.Sec. 40502. Energy efficiency revolving loan fund capitalization grantprogram.Sec. 40503. Energy auditor training grant program.Subtitle B--BuildingsSec. 40511. Cost-effective codes implementation for efficiency andresilience.Sec. 40512. Building, training, and assessment centers.Sec. 40513. Career skills training.Sec. 40514. Commercial building energy consumption information sharing. Subtitle C--Industrial Energy Efficiency PART I--IndustrySec. 40521. Future of industry program and industrial research andassessment centers.Sec. 40522. Sustainable manufacturing initiative. PART II--Smart ManufacturingSec. 40531. Definitions.Sec. 40532. Leveraging existing agency programs to assist small andmedium manufacturers.Sec. 40533. Leveraging smart manufacturing infrastructure at NationalLaboratories.Sec. 40534. State manufacturing leadership.Sec. 40535. Report. Subtitle D--Schools and NonprofitsSec. 40541. Grants for energy efficiency improvements and renewableenergy improvements at public school facilities.[[Page 135 STAT. 437]]Sec. 40542. Energy efficiency materials pilot program.Subtitle E--MiscellaneousSec. 40551. Weatherization assistance program.Sec. 40552. Energy Efficiency and Conservation Block Grant Program.Sec. 40553. Survey, analysis, and report on employment and demographicsin the energy, energy efficiency, and motor vehicle sectorsof the United States.Sec. 40554. Assisting Federal Facilities with Energy ConservationTechnologies grant program.Sec. 40555. Rebates.Sec. 40556. Model guidance for combined heat and power systems and wasteheat to power systems.TITLE VI--METHANE REDUCTION INFRASTRUCTURESec. 40601. Orphaned well site plugging, remediation, and restoration.TITLE VII--ABANDONED MINE LAND RECLAMATIONSec. 40701. Abandoned Mine Reclamation Fund authorization ofappropriations.Sec. 40702. Abandoned mine reclamation fee.Sec. 40703. Amounts distributed from Abandoned Mine Reclamation Fund.Sec. 40704. Abandoned hardrock mine reclamation.TITLE VIII--NATURAL RESOURCES-RELATED INFRASTRUCTURE, WILDFIRE MANAGEMENT, AND ECOSYSTEM RESTORATIONSec. 40801. Forest Service Legacy Road and Trail Remediation Program.Sec. 40802. Study and report on feasibility of revegetating reclaimedmine sites.Sec. 40803. Wildfire risk reduction.Sec. 40804. Ecosystem restoration.Sec. 40805. GAO study.Sec. 40806. Establishment of fuel breaks in forests and other wildlandvegetation.Sec. 40807. Emergency actions.Sec. 40808. Joint Chiefs Landscape Restoration Partnership program.TITLE IX--WESTERN WATER INFRASTRUCTURESec. 40901. Authorizations of appropriations.Sec. 40902. Water storage, groundwater storage, and conveyance projects.Sec. 40903. Small water storage and groundwater storage projects.Sec. 40904. Critical maintenance and repair.Sec. 40905. Competitive grant program for large-scale water recyclingand reuse program.Sec. 40906. Drought contingency plan funding requirements.Sec. 40907. Multi-benefit projects to improve watershed health.Sec. 40908. Eligible desalination projects.Sec. 40909. Clarification of authority to use coronavirus fiscalrecovery funds to meet a non-Federal matching requirement forauthorized Bureau of Reclamation water projects.Sec. 40910. Federal assistance for groundwater recharge, aquiferstorage, and water source substitution projects.TITLE X--AUTHORIZATION OF APPROPRIATIONS FOR ENERGY ACT OF 2020Sec. 41001. Energy storage demonstration projects.Sec. 41002. Advanced reactor demonstration program.Sec. 41003. Mineral security projects.Sec. 41004. Carbon capture demonstration and pilot programs.Sec. 41005. Direct air capture technologies prize competitions.Sec. 41006. Water power projects.Sec. 41007. Renewable energy projects.Sec. 41008. Industrial emissions demonstration projects.TITLE XI--WAGE RATE REQUIREMENTSSec. 41101. Wage rate requirements.TITLE XII--MISCELLANEOUSSec. 41201. Office of Clean Energy Demonstrations.Sec. 41202. Extension of Secure Rural Schools and Community Self-Determination Act of 2000.DIVISION E--DRINKING WATER AND WASTEWATER INFRASTRUCTURESec. 50001. Short title.[[Page 135 STAT. 438]]Sec. 50002. Definition of Administrator. TITLE I--DRINKING WATERSec. 50101. Technical assistance and grants for emergencies affectingpublic water systems.Sec. 50102. Drinking water State revolving loan funds.Sec. 50103. Source water petition program.Sec. 50104. Assistance for small and disadvantaged communities.Sec. 50105. Reducing lead in drinking water.Sec. 50106. Operational sustainability of small public water systems.Sec. 50107. Midsize and large drinking water system infrastructureresilience and sustainability program.Sec. 50108. Needs assessment for nationwide rural and urban low-incomecommunity water assistance.Sec. 50109. Rural and low-income water assistance pilot program.Sec. 50110. Lead contamination in school drinking water.Sec. 50111. Indian reservation drinking water program.Sec. 50112. Advanced drinking water technologies.Sec. 50113. Cybersecurity support for public water systems.Sec. 50114. State response to contaminants.Sec. 50115. Annual study on boil water advisories.TITLE II--CLEAN WATERSec. 50201. Research, investigations, training, and information.Sec. 50202. Wastewater efficiency grant pilot program.Sec. 50203. Pilot program for alternative water source projects.Sec. 50204. Sewer overflow and stormwater reuse municipal grants.Sec. 50205. Clean water infrastructure resiliency and sustainabilityprogram.Sec. 50206. Small and medium publicly owned treatment works circuitrider program.Sec. 50207. Small publicly owned treatment works efficiency grantprogram.Sec. 50208. Grants for construction and refurbishing of individualhousehold decentralized wastewater systems for individualswith low or moderate income.Sec. 50209. Connection to publicly owned treatment works.Sec. 50210. Clean water State revolving funds.Sec. 50211. Water infrastructure and workforce investment.Sec. 50212. Grants to Alaska to improve sanitation in rural and Nativevillages.Sec. 50213. Water data sharing pilot program.Sec. 50214. Final rating opinion letters.Sec. 50215. Water infrastructure financing reauthorization.Sec. 50216. Small and disadvantaged community analysis.Sec. 50217. Stormwater infrastructure technology.Sec. 50218. Water Reuse Interagency Working Group.Sec. 50219. Advanced clean water technologies study.Sec. 50220. Clean watersheds needs survey.Sec. 50221. Water Resources Research Act amendments.Sec. 50222. Enhanced aquifer use and recharge.DIVISION F--BROADBANDTITLE I--BROADBAND GRANTS FOR STATES, DISTRICT OF COLUMBIA, PUERTO RICO,AND TERRITORIESSec. 60101. Findings.Sec. 60102. Grants for broadband deployment.Sec. 60103. Broadband DATA maps.Sec. 60104. Report on future of Universal Service Fund.Sec. 60105. Broadband deployment locations map.TITLE II--TRIBAL CONNECTIVITY TECHNICAL AMENDMENTS.Sec. 60201. Tribal connectivity technical amendments.TITLE III--DIGITAL EQUITY ACT OF 2021Sec. 60301. Short title.Sec. 60302. Definitions.Sec. 60303. Sense of Congress.Sec. 60304. State Digital Equity Capacity Grant Program.Sec. 60305. Digital Equity Competitive Grant Program.Sec. 60306. Policy research, data collection, analysis and modeling,evaluation, and dissemination.[[Page 135 STAT. 439]]Sec. 60307. General provisions.TITLE IV--ENABLING MIDDLE MILE BROADBAND INFRASTRUCTURESec. 60401. Enabling middle mile broadband infrastructure.TITLE V--BROADBAND AFFORDABILITYSec. 60501. Definitions.Sec. 60502. Broadband affordability.Sec. 60503. Coordination with certain other Federal agencies.Sec. 60504. Adoption of consumer broadband labels.Sec. 60505. GAO report.Sec. 60506. Digital discrimination. TITLE VI--TELECOMMUNICATIONS INDUSTRY WORKFORCESec. 60601. Short title.Sec. 60602. Telecommunications interagency working group.Sec. 60603. Telecommunications workforce guidance.Sec. 60604. GAO assessment of workforce needs of the telecommunicationsindustry.DIVISION G--OTHER AUTHORIZATIONSTITLE I--INDIAN WATER RIGHTS SETTLEMENT COMPLETION FUNDSec. 70101. Indian Water Rights Settlement Completion Fund. TITLE II--WILDFIRE MITIGATIONSec. 70201. Short title.Sec. 70202. Definitions.Sec. 70203. Establishment of Commission.Sec. 70204. Duties of Commission.Sec. 70205. Powers of Commission.Sec. 70206. Commission personnel matters.Sec. 70207. Termination of Commission.TITLE III--REFORESTATIONSec. 70301. Short title.Sec. 70302. Reforestation following wildfires and other unplannedevents.Sec. 70303. Report. TITLE IV--RECYCLING PRACTICESSec. 70401. Best practices for battery recycling and labelingguidelines.Sec. 70402. Consumer recycling education and outreach grant program;Federal procurement.TITLE V--BIOPRODUCT PILOT PROGRAMSec. 70501. Pilot program on use of agricultural commodities inconstruction and consumer products. TITLE VI--CYBERSECURITYSubtitle A--Cyber Response and Recovery ActSec. 70601. Short title.Sec. 70602. Declaration of a significant incident.Subtitle B--State and Local Cybersecurity Improvement ActSec. 70611. Short title.Sec. 70612. State and Local Cybersecurity Grant Program.TITLE VII--PUBLIC-PRIVATE PARTNERSHIPSSec. 70701. Value for money analysis.TITLE VIII--FEDERAL PERMITTING IMPROVEMENTSec. 70801. Federal permitting improvement.TITLE IX--BUILD AMERICA, BUY AMERICASubtitle A--Build America, Buy AmericaSec. 70901. Short title. PART I--Buy America Sourcing RequirementsSec. 70911. Findings.[[Page 135 STAT. 440]]Sec. 70912. Definitions.Sec. 70913. Identification of deficient programs.Sec. 70914. Application of Buy America preference.Sec. 70915. OMB guidance and standards.Sec. 70916. Technical assistance partnership and consultation supportingDepartment of Transportation Buy America requirements.Sec. 70917. Application.PART II--Make It in AmericaSec. 70921. Regulations relating to Buy American Act.Sec. 70922. Amendments relating to Buy American Act.Sec. 70923. Made in America Office.Sec. 70924. Hollings Manufacturing Extension Partnership activities.Sec. 70925. United States obligations under international agreements.Sec. 70926. Definitions.Sec. 70927. Prospective amendments to internal cross-references.Subtitle B--BuyAmerican.govSec. 70931. Short title.Sec. 70932. Definitions.Sec. 70933. Sense of Congress on buying American.Sec. 70934. Assessment of impact of free trade agreements.Sec. 70935. Judicious use of waivers.Sec. 70936. Establishment of BuyAmerican.gov website.Sec. 70937. Waiver Transparency and Streamlining for contracts.Sec. 70938. Comptroller General report.Sec. 70939. Rules of construction.Sec. 70940. Consistency with international agreements.Sec. 70941. Prospective amendments to internal cross-references.Subtitle C--Make PPE in AmericaSec. 70951. Short title.Sec. 70952. Findings.Sec. 70953. Requirement of long-term contracts for domesticallymanufactured personal protective equipment.TITLE X--ASSET CONCESSIONSSec. 71001. Asset concessions. TITLE XI--CLEAN SCHOOL BUSES AND FERRIESSec. 71101. Clean school bus program.Sec. 71102. Electric or low-emitting ferry pilot program.Sec. 71103. Ferry service for rural communities.Sec. 71104. Expanding the funding authority for renovating,constructing, and expanding certain facilities.DIVISION H--REVENUE PROVISIONSTITLE I--HIGHWAY TRUST FUNDSec. 80101. Extension of Highway Trust Fund expenditure authority.Sec. 80102. Extension of highway-related taxes.Sec. 80103. Further additional transfers to trust fund. TITLE II--CHEMICAL SUPERFUNDSec. 80201. Extension and modification of certain superfund excisetaxes. TITLE III--CUSTOMS USER FEESSec. 80301. Extension of customs user fees.TITLE IV--BOND PROVISIONSSec. 80401. Private activity bonds for qualified broadband projects.Sec. 80402. Carbon dioxide capture facilities.Sec. 80403. Increase in national limitation amount for qualified highwayor surface freight transportation facilities. TITLE V--RELIEF FOR TAXPAYERS AFFECTED BY DISASTERS OR OTHER CRITICAL EVENTSSec. 80501. Modification of automatic extension of certain deadlines inthe case of taxpayers affected by Federally declareddisasters.[[Page 135 STAT. 441]]Sec. 80502. Modifications of rules for postponing certain acts by reasonof service in combat zone or contingency operation.Sec. 80503. Tolling of time for filing a petition with the tax court.Sec. 80504. Authority to postpone certain tax deadlines by reason ofsignificant fires.TITLE VI--OTHER PROVISIONSSec. 80601. Modification of tax treatment of contributions to thecapital of a corporation.Sec. 80602. Extension of interest rate stabilization.Sec. 80603. Information reporting for brokers and digital assets.Sec. 80604. Termination of employee retention credit for employerssubject to closure due to COVID-19.DIVISION I--OTHER MATTERSSec. 90001. Extension of direct spending reductions through fiscal year2031.Sec. 90002. Strategic Petroleum Reserve drawdown and sale.Sec. 90003. Findings regarding unused unemployment insurance funds.Sec. 90004. Requiring manufacturers of certain single-dose container orsingle-use package drugs payable under part B of the Medicareprogram to provide refunds with respect to discarded amountsof such drugs.Sec. 90005. Extension of enterprise guarantee fees.Sec. 90006. Moratorium on implementation of rule relating to eliminatingthe anti-kickback statute safe harbor protection forprescription drug rebates.Sec. 90007. Rescission of COVID-19 appropriations.Sec. 90008. Spectrum auctions.DIVISION J--APPROPRIATIONS TITLE I--AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG ADMINISTRATION,AND RELATED AGENCIES TITLE II--COMMERCE, JUSTICE, SCIENCE, AND RELATED AGENCIESTITLE III--ENERGY AND WATER DEVELOPMENT AND RELATED AGENCIESTITLE IV--FINANCIAL SERVICES AND GENERAL GOVERNMENT TITLE V--DEPARTMENT OF HOMELAND SECURITY TITLE VI--DEPARTMENT OF THE INTERIOR, ENVIRONMENT, AND RELATED AGENCIESTITLE VII--LABOR, HEALTH AND HUMAN SERVICES, AND EDUCATION, AND RELATEDAGENCIES TITLE VIII--TRANSPORTATION, HOUSING AND URBAN DEVELOPMENT, AND RELATEDAGENCIESTITLE IX--GENERAL PROVISIONS--THIS DIVISION DIVISION K--MINORITY BUSINESS DEVELOPMENTSec. 100001. Short title.Sec. 100002. Definitions.Sec. 100003. Minority Business Development Agency. TITLE I--EXISTING INITIATIVESSubtitle A--Market Development, Research, and InformationSec. 100101. Private sector development.Sec. 100102. Public sector development.Sec. 100103. Research and information.Subtitle B--Minority Business Development Agency Business Center ProgramSec. 100111. Definition.Sec. 100112. Purpose.Sec. 100113. Establishment.Sec. 100114. Grants and cooperative agreements.Sec. 100115. Minimizing disruptions to existing MBDA Business Centerprogram.Sec. 100116. Publicity. TITLE II--NEW INITIATIVES TO PROMOTE ECONOMIC RESILIENCY FOR MINORITYBUSINESSESSec. 100201. Annual diverse business forum on capital formation.[[Page 135 STAT. 442]]Sec. 100202. Agency study on alternative financing solutions.Sec. 100203. Educational development relating to management andentrepreneurship.TITLE III--RURAL MINORITY BUSINESS CENTER PROGRAMSec. 100301. Definitions.Sec. 100302. Business centers.Sec. 100303. Report to Congress.Sec. 100304. Study and report. TITLE IV--MINORITY BUSINESS DEVELOPMENT GRANTSSec. 100401. Grants to nonprofit organizations that support minoritybusiness enterprises.TITLE V--MINORITY BUSINESS ENTERPRISES ADVISORY COUNCILSec. 100501. Purpose.Sec. 100502. Composition and term.Sec. 100503. Duties.TITLE VI--FEDERAL COORDINATION OF MINORITY BUSINESS PROGRAMSSec. 100601. General duties.Sec. 100602. Participation of Federal departments and agencies.TITLE VII--ADMINISTRATIVE POWERS OF THE AGENCY; MISCELLANEOUS PROVISIONSSec. 100701. Administrative powers.Sec. 100702. Federal assistance.Sec. 100703. Recordkeeping.Sec. 100704. Review and report by Comptroller General.Sec. 100705. Biannual reports; recommendations.Sec. 100706. Separability.Sec. 100707. Executive Order 11625.Sec. 100708. Authorization of appropriations.SEC. 2. <>REFERENCES. Except as expressly provided otherwise, any reference to ``this Act'' contained in any division of this Act shall be treated as referring only to the provisions of that division.[[Page 135 STAT. 443]]DIVISION A-- <> SURFACE TRANSPORTATIONSEC. 10001. <>SHORT TITLE. This division may be cited as the ``Surface Transportation Reauthorization Act of 2021''.SEC. 10002. <>DEFINITIONS. In this division:(1) Department.--The term ``Department'' means theDepartment of Transportation.(2) Secretary.--The term ``Secretary'' means the Secretaryof Transportation.SEC. 10003. <>EFFECTIVE DATE. Except as otherwise provided, this division and the amendments made by this division take effect on October 1, 2021. TITLE I--FEDERAL-AID HIGHWAYSSubtitle A <> --Authorizations and ProgramsSEC. 11101. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--The following amounts are authorized to be appropriated out of the Highway Trust Fund (other than the Mass Transit Account):(1) Federal-aid highway program.--For the national highwayperformance program under section 119 of title 23, United StatesCode, the surface transportation block grant program undersection 133 of that title, the highway safety improvementprogram under section 148 of that title, the congestionmitigation and air quality improvement program under section 149of that title, the national highway freight program undersection 167 of that title, the carbon reduction program undersection 175 of that title, to carry out subsection (c) of thePROTECT program under section 176 of that title, and to carryout section 134 of that title--(A) $52,488,065,375 for fiscal year 2022;(B) $53,537,826,683 for fiscal year 2023;(C) $54,608,583,217 for fiscal year 2024;(D) $55,700,754,881 for fiscal year 2025; and(E) $56,814,769,844 for fiscal year 2026.(2) Transportation infrastructure finance and innovationprogram.--For credit assistance under the transportationinfrastructure finance and innovation program under chapter 6 oftitle 23, United States Code, $250,000,000 for each of fiscalyears 2022 through 2026.(3) Federal lands and tribal transportation programs.--(A) Tribal transportation program.--For the tribaltransportation program under section 202 of title 23,United States Code--(i) $578,460,000 for fiscal year 2022;(ii) $589,960,000 for fiscal year 2023;(iii) $602,460,000 for fiscal year 2024;[[Page 135 STAT. 444]](iv) $612,960,000 for fiscal year 2025; and(v) $627,960,000 for fiscal year 2026.(B) Federal lands transportation program.--(i) In general.--For the Federal landstransportation program under section 203 of title23, United States Code--(I) $421,965,000 for fiscal year2022;(II) $429,965,000 for fiscal year2023;(III) $438,965,000 for fiscal year2024;(IV) $447,965,000 for fiscal year2025; and(V) $455,965,000 for fiscal year2026.(ii) Allocation.--Of the amount made availablefor a fiscal year under clause (i)--(I) the amount for the National ParkService is--(aa) $332,427,450 for fiscalyear 2022;(bb) $338,867,450 for fiscalyear 2023;(cc) $346,237,450 for fiscalyear 2024;(dd) $353,607,450 for fiscalyear 2025; and(ee) $360,047,450 for fiscalyear 2026;(II) the amount for the UnitedStates Fish and Wildlife Service is$36,000,000 for each of fiscal years2022 through 2026; and(III) the amount for the ForestService is--(aa) $24,000,000 for fiscalyear 2022;(bb) $25,000,000 for fiscalyear 2023;(cc) $26,000,000 for fiscalyear 2024;(dd) $27,000,000 for fiscalyear 2025; and(ee) $28,000,000 for fiscalyear 2026.(C) Federal lands access program.--For the Federallands access program under section 204 of title 23,United States Code--(i) $285,975,000 for fiscal year 2022;(ii) $291,975,000 for fiscal year 2023;(iii) $296,975,000 for fiscal year 2024;(iv) $303,975,000 for fiscal year 2025; and(v) $308,975,000 for fiscal year 2026.(4) Territorial and puerto rico highway program.--For theterritorial and Puerto Rico highway program under section 165 oftitle 23, United States Code--(A) $219,000,000 for fiscal year 2022;(B) $224,000,000 for fiscal year 2023;(C) $228,000,000 for fiscal year 2024;(D) $232,500,000 for fiscal year 2025; and(E) $237,000,000 for fiscal year 2026.(5) Nationally significant freight and highway projects.--For nationally significant freight and highway projects undersection 117 of title 23, United States Code--(A) $1,000,000,000 for fiscal year 2022;(B) $1,000,000,000 for fiscal year 2023;(C) $1,000,000,000 for fiscal year 2024;(D) $900,000,000 for fiscal year 2025; and(E) $900,000,000 for fiscal year 2026. (b) Other Programs.--(1) In general.--The following amounts are authorized to beappropriated out of the Highway Trust Fund (other than the MassTransit Account):[[Page 135 STAT. 445]](A) Bridge investment program.--To carry out thebridge investment program under section 124 of title 23,United States Code--(i) $600,000,000 for fiscal year 2022;(ii) $640,000,000 for fiscal year 2023;(iii) $650,000,000 for fiscal year 2024;(iv) $675,000,000 for fiscal year 2025; and(v) $700,000,000 for fiscal year 2026.(B) Congestion relief program.--To carry out thecongestion relief program under section 129(d) of title23, United States Code, $50,000,000 for each of fiscalyears 2022 through 2026.(C) Charging and fueling infrastructure grants.--Tocarry out section 151(f) of title 23, United StatesCode--(i) $300,000,000 for fiscal year 2022;(ii) $400,000,000 for fiscal year 2023;(iii) $500,000,000 for fiscal year 2024;(iv) $600,000,000 for fiscal year 2025; and(v) $700,000,000 for fiscal year 2026.(D) Rural surface transportation grant program.--Tocarry out the rural surface transportation grant programunder section 173 of title 23, United States Code--(i) $300,000,000 for fiscal year 2022;(ii) $350,000,000 for fiscal year 2023;(iii) $400,000,000 for fiscal year 2024;(iv) $450,000,000 for fiscal year 2025; and(v) $500,000,000 for fiscal year 2026.(E) PROTECT grants.--(i) In general.--To carry out subsection (d)of the PROTECT program under section 176 of title23, United States Code, for each of fiscal years2022 through 2026--(I) $250,000,000 for fiscal year2022;(II) $250,000,000 for fiscal year2023;(III) $300,000,000 for fiscal year2024;(IV) $300,000,000 for fiscal year2025; and(V) $300,000,000 for fiscal year2026.(ii) Allocation.--Of the amounts madeavailable under clause (i)--(I) for planning grants underparagraph (3) of that subsection--(aa) $25,000,000 for fiscalyear 2022;(bb) $25,000,000 for fiscalyear 2023;(cc) $30,000,000 for fiscalyear 2024;(dd) $30,000,000 for fiscalyear 2025; and(ee) $30,000,000 for fiscalyear 2026;(II) for resilience improvementgrants under paragraph (4)(A) of thatsubsection--(aa) $175,000,000 for fiscalyear 2022;(bb) $175,000,000 for fiscalyear 2023;(cc) $210,000,000 for fiscalyear 2024;(dd) $210,000,000 for fiscalyear 2025; and(ee) $210,000,000 for fiscalyear 2026;(III) for community resilience andevacuation route grants under paragraph(4)(B) of that subsection--[[Page 135 STAT. 446]](aa) $25,000,000 for fiscalyear 2022;(bb) $25,000,000 for fiscalyear 2023;(cc) $30,000,000 for fiscalyear 2024;(dd) $30,000,000 for fiscalyear 2025; and(ee) $30,000,000 for fiscalyear 2026; and(IV) for at-risk coastalinfrastructure grants under paragraph(4)(C) of that subsection--(aa) $25,000,000 for fiscalyear 2022;(bb) $25,000,000 for fiscalyear 2023;(cc) $30,000,000 for fiscalyear 2024;(dd) $30,000,000 for fiscalyear 2025; and(ee) $30,000,000 for fiscalyear 2026.(F) Reduction of truck emissions at portfacilities.--(i) In general.--To carry out the reduction oftruck emissions at port facilities under section11402, $50,000,000 for each of fiscal years 2022through 2026.(ii) Treatment.--Amounts made available underclause (i) shall be available for obligation inthe same manner as if those amounts wereapportioned under chapter 1 of title 23, UnitedStates Code.(G) Nationally significant federal lands and tribalprojects.--(i) In general.--To carry out the nationallysignificant Federal lands and tribal projectsprogram under section 1123 of the FAST Act (23U.S.C. 201 note; Public Law 114-94), $55,000,000for each of fiscal years 2022 through 2026.(ii) Treatment.--Amounts made available underclause (i) shall be available for obligation inthe same manner as if those amounts wereapportioned under chapter 1 of title 23, UnitedStates Code.(2) General fund.--(A) Bridge investment program.--(i) In general.--In addition to amounts madeavailable under paragraph (1)(A), there areauthorized to be appropriated to carry out thebridge investment program under section 124 oftitle 23, United States Code--(I) $600,000,000 for fiscal year2022;(II) $640,000,000 for fiscal year2023;(III) $650,000,000 for fiscal year2024;(IV) $675,000,000 for fiscal year2025; and(V) $700,000,000 for fiscal year2026.(ii) Allocation.--Amounts made available underclause (i) shall be allocated in the same manneras if made available under paragraph (1)(A).(B) Nationally significant federal lands and tribalprojects program.--In addition to amounts made availableunder paragraph (1)(G), there is authorized to beappropriated to carry out section 1123 of the FAST Act(23 U.S.C. 201 note; Public Law 114-94) $300,000,000 foreach of fiscal years 2022 through 2026.(C) Healthy streets program.--There is authorized tobe appropriated to carry out the Healthy Streets programunder section 11406 $100,000,000 for each of fiscalyears 2022 through 2026.[[Page 135 STAT. 447]](D) Transportation resilience and adaptation centersof excellence.--There is authorized to be appropriatedto carry out section 520 of title 23, United StatesCode, $100,000,000 for each of fiscal years 2022 through2026.(E) Open challenge and research proposal pilotprogram.--There is authorized to be appropriated tocarry out the open challenge and research proposal pilotprogram under section 13006(e) $15,000,000 for each offiscal years 2022 through 2026. (c) Research, Technology, and Education Authorizations.--(1) In general.--The following amounts are authorized to beappropriated out of the Highway Trust Fund (other than the MassTransit Account):(A) Highway research and development program.--Tocarry out section 503(b) of title 23, United StatesCode, $147,000,000 for each of fiscal years 2022 through2026.(B) Technology and innovation deployment program.-- To carry out section 503(c) of title 23, United StatesCode, $110,000,000 for each of fiscal years 2022 through2026.(C) Training and education.--To carry out section504 of title 23, United States Code--(i) $25,000,000 for fiscal year 2022;(ii) $25,250,000 for fiscal year 2023;(iii) $25,500,000 for fiscal year 2024;(iv) $25,750,000 for fiscal year 2025; and(v) $26,000,000 for fiscal year 2026.(D) Intelligent transportation systems program.--Tocarry out sections 512 through 518 of title 23, UnitedStates Code, $110,000,000 for each of fiscal years 2022through 2026.(E) University transportation centers program.--Tocarry out section 5505 of title 49, United States Code--(i) $80,000,000 for fiscal year 2022;(ii) $80,500,000 for fiscal year 2023;(iii) $81,000,000 for fiscal year 2024;(iv) $81,500,000 for fiscal year 2025; and(v) $82,000,000 for fiscal year 2026.(F) Bureau of transportation statistics.--To carryout chapter 63 of title 49, United States Code--(i) $26,000,000 for fiscal year 2022;(ii) $26,250,000 for fiscal year 2023;(iii) $26,500,000 for fiscal year 2024;(iv) $26,750,000 for fiscal year 2025; and(v) $27,000,000 for fiscal year 2026.(2) Administration.--The Federal Highway Administrationshall--(A) administer the programs described insubparagraphs (A), (B), and (C) of paragraph (1); and(B) <>in consultation withrelevant modal administrations, administer the programsdescribed in paragraph (1)(D).(3) Applicability of title 23, united states code.--Amountsauthorized to be appropriated by paragraph (1) shall--[[Page 135 STAT. 448]](A) <>be available forobligation in the same manner as if those funds wereapportioned under chapter 1 of title 23, United StatesCode, except that the Federal share of the cost of aproject or activity carried out using those funds shallbe 80 percent, unless otherwise expressly provided bythis division (including the amendments by thisdivision) or otherwise determined by the Secretary; and(B) remain available until expended and not betransferable, except as otherwise provided by thisdivision. (d) Pilot Programs.--The following amounts are authorized to be appropriated out of the Highway Trust Fund (other than the Mass Transit Account):(1) Wildlife crossings pilot program.--For the wildlifecrossings pilot program under section 171 of title 23, UnitedStates Code--(A) $60,000,000 for fiscal year 2022;(B) $65,000,000 for fiscal year 2023;(C) $70,000,000 for fiscal year 2024;(D) $75,000,000 for fiscal year 2025; and(E) $80,000,000 for fiscal year 2026.(2) Prioritization process pilot program.--(A) In general.--For the prioritization processpilot program under section 11204, $10,000,000 for eachof fiscal years 2022 through 2026.(B) Treatment.--Amounts made available undersubparagraph (A) shall be available for obligation inthe same manner as if those amounts were apportionedunder chapter 1 of title 23, United States Code.(3) Reconnecting communities pilot program.--(A) Planning grants.--For planning grants under thereconnecting communities pilot program under section11509(c), $30,000,000 for each of fiscal years 2022through 2026.(B) Capital construction grants.--For capitalconstruction grants under the reconnecting communitiespilot program under section 11509(d)--(i) $65,000,000 for fiscal year 2022;(ii) $68,000,000 for fiscal year 2023;(iii) $70,000,000 for fiscal year 2024;(iv) $72,000,000 for fiscal year 2025; and(v) $75,000,000 for fiscal year 2026.(C) Treatment.--Amounts made available undersubparagraph (A) or (B) shall be available forobligation in the same manner as if those amounts wereapportioned under chapter 1 of title 23, United StatesCode, except that those amounts shall remain availableuntil expended. (e) <>Disadvantaged Business Enterprises.--(1) Findings.--Congress finds that--(A) while significant progress has occurred due tothe establishment of the disadvantaged businessenterprise program, discrimination and related barrierscontinue to pose significant obstacles for minority- andwomen-owned businesses seeking to do business inFederally assisted surface transportation markets acrossthe United States;(B) the continuing barriers described insubparagraph (A) merit the continuation of thedisadvantaged business enterprise program;[[Page 135 STAT. 449]](C) Congress has received and reviewed testimony anddocumentation of race and gender discrimination fromnumerous sources, including congressional hearings androundtables, scientific reports, reports issued bypublic and private agencies, news stories, reports ofdiscrimination by organizations and individuals, anddiscrimination lawsuits, which show that race- andgender-neutral efforts alone are insufficient to addressthe problem;(D) the testimony and documentation described insubparagraph (C) demonstrate that discrimination acrossthe United States poses a barrier to full and fairparticipation in surface transportation-relatedbusinesses of women business owners and minoritybusiness owners and has impacted firm development andmany aspects of surface transportation-related businessin the public and private markets; and(E) the testimony and documentation described insubparagraph (C) provide a strong basis that there is acompelling need for the continuation of thedisadvantaged business enterprise program to addressrace and gender discrimination in surfacetransportation-related business.(2) Definitions.--In this subsection:(A) Small business concern.--(i) In general.--The term ``small businessconcern'' means a small business concern (as theterm is used in section 3 of the Small BusinessAct (15 U.S.C. 632)).(ii) Exclusions.--The term ``small businessconcern'' does not include any concern or group ofconcerns controlled by the same socially andeconomically disadvantaged individual orindividuals that have average annual grossreceipts during the preceding 3 fiscal years inexcess of $26,290,000, as adjusted annually by theSecretary for inflation.(B) Socially and economically disadvantagedindividuals.--The term ``socially and economicallydisadvantaged individuals'' has the meaning given theterm in section 8(d) of the Small Business Act (15U.S.C. 637(d)) and relevant subcontracting regulationsissued pursuant to that Act, except that women shall bepresumed to be socially and economically disadvantagedindividuals for purposes of this subsection. <> (3) Amounts for small businessconcerns.--Except to the extent that the Secretary determinesotherwise, not less than 10 percent of the amounts madeavailable for any program under this division (other thansection 14004), division C, and section 403 of title 23, UnitedStates Code, shall be expended through small business concernsowned and controlled by socially and economically disadvantagedindividuals.(4) Annual listing of disadvantaged business enterprises.--Each State shall annually--(A) <>survey and compile a list ofthe small business concerns referred to in paragraph (3)in the State, including the location of the smallbusiness concerns in the State; and(B) <>notify the Secretary,in writing, of the percentage of the small businessconcerns that are controlled by--[[Page 135 STAT. 450]](i) women;(ii) socially and economically disadvantagedindividuals (other than women); and(iii) individuals who are women and areotherwise socially and economically disadvantagedindividuals.(5) Uniform certification.--(A) <>In general.--The Secretaryshall establish minimum uniform criteria for use byState governments in certifying whether a concernqualifies as a small business concern for the purpose ofthis subsection.(B) Inclusions.--The minimum uniform criteriaestablished under subparagraph (A) shall include, withrespect to a potential small business concern--(i) on-site visits;(ii) personal interviews with personnel;(iii) issuance or inspection of licenses;(iv) <>analyses of stockownership;(v) <>listings of equipment;(vi) <>analyses of bondingcapacity;(vii) <>listings of workcompleted;(viii) <>examination ofthe resumes of principal owners;(ix) <>analyses offinancial capacity; and(x) <>analyses of the typeof work preferred.(6) <>Reporting.--The Secretary shallestablish minimum requirements for use by State governments inreporting to the Secretary--(A) information concerning disadvantaged businessenterprise awards, commitments, and achievements; and(B) <>such other informationas the Secretary determines to be appropriate for theproper monitoring of the disadvantaged businessenterprise program.(7) Compliance with court orders.--Nothing in thissubsection limits the eligibility of an individual or entity toreceive funds made available under this division, division C,and section 403 of title 23, United States Code, if the entityor person is prevented, in whole or in part, from complying withparagraph (3) because a Federal court issues a final order inwhich the court finds that a requirement or the implementationof paragraph (3) is unconstitutional.(8) Sense of congress on prompt payment of dbesubcontractors.--It is the sense of Congress that--(A) the Secretary should take additional steps toensure that recipients comply with section 26.29 oftitle 49, Code of Federal Regulations (the disadvantagedbusiness enterprises prompt payment rule), or anycorresponding regulation, in awarding Federally fundedtransportation contracts under laws and regulationsadministered by the Secretary; and(B) such additional steps should include increasingthe ability of the Department to track and keep recordsof complaints and to make that information publiclyavailable.SEC. 11102. <>OBLIGATION CEILING. (a) General Limitation.--Subject to subsection (e), and notwithstanding any other provision of law, the obligations for Federal-[[Page 135 STAT. 451]]aid highway and highway safety construction programs shall not exceed--(1) $57,473,430,072 for fiscal year 2022;(2) $58,764,510,674 for fiscal year 2023;(3) $60,095,782,888 for fiscal year 2024;(4) $61,314,170,545 for fiscal year 2025; and(5) $62,657,105,821 for fiscal year 2026. (b) Exceptions.--The limitations under subsection (a) shall not apply to obligations under or for--(1) section 125 of title 23, United States Code;(2) section 147 of the Surface Transportation Assistance Actof 1978 (23 U.S.C. 144 note; 92 Stat. 2714);(3) section 9 of the Federal-Aid Highway Act of 1981 (95Stat. 1701);(4) subsections (b) and (j) of section 131 of the SurfaceTransportation Assistance Act of 1982 (96 Stat. 2119);(5) subsections (b) and (c) of section 149 of the SurfaceTransportation and Uniform Relocation Assistance Act of 1987(101 Stat. 198);(6) sections 1103 through 1108 of the Intermodal SurfaceTransportation Efficiency Act of 1991 (105 Stat. 2027);(7) section 157 of title 23, United States Code (as ineffect on June 8, 1998);(8) section 105 of title 23, United States Code (as ineffect for fiscal years 1998 through 2004, but only in an amountequal to $639,000,000 for each of those fiscal years);(9) Federal-aid highway programs for which obligationauthority was made available under the Transportation Equity Actfor the 21st Century (112 Stat. 107) or subsequent Acts formultiple years or to remain available until expended, but onlyto the extent that the obligation authority has not lapsed orbeen used;(10) section 105 of title 23, United States Code (as ineffect for fiscal years 2005 through 2012, but only in an amountequal to $639,000,000 for each of those fiscal years);(11) section 1603 of SAFETEA-LU (23 U.S.C. 118 note; 119Stat. 1248), to the extent that funds obligated in accordancewith that section were not subject to a limitation onobligations at the time at which the funds were initially madeavailable for obligation;(12) section 119 of title 23, United States Code (as ineffect for fiscal years 2013 through 2015, but only in an amountequal to $639,000,000 for each of those fiscal years);(13) section 119 of title 23, United States Code (as ineffect for fiscal years 2016 through 2021, but only in an amountequal to $639,000,000 for each of those fiscal years); and(14) section 119 of title 23, United States Code (but, forfiscal years 2022 through 2026, only in an amount equal to$639,000,000 for each of those fiscal years). (c) Distribution of Obligation Authority.--For each of fiscal years 2022 through 2026, the Secretary--(1) shall not distribute obligation authority provided bysubsection (a) for the fiscal year for--(A) amounts authorized for administrative expensesand programs by section 104(a) of title 23, UnitedStates Code; and[[Page 135 STAT. 452]](B) amounts authorized for the Bureau ofTransportation Statistics;(2) shall not distribute an amount of obligation authorityprovided by subsection (a) that is equal to the unobligatedbalance of amounts--(A) made available from the Highway Trust Fund(other than the Mass Transit Account) for Federal-aidhighway and highway safety construction programs forprevious fiscal years the funds for which are allocatedby the Secretary (or apportioned by the Secretary undersection 202 or 204 of title 23, United States Code); and(B) for which obligation authority was provided in aprevious fiscal year;(3) <>shall determine the proportionthat--(A) the obligation authority provided by subsection(a) for the fiscal year, less the aggregate of amountsnot distributed under paragraphs (1) and (2) of thissubsection; bears to(B) the total of the sums authorized to beappropriated for the Federal-aid highway and highwaysafety construction programs (other than sums authorizedto be appropriated for provisions of law described inparagraphs (1) through (13) of subsection (b) and sumsauthorized to be appropriated for section 119 of title23, United States Code, equal to the amount referred toin subsection (b)(14) for the fiscal year), less theaggregate of the amounts not distributed underparagraphs (1) and (2) of this subsection;(4) shall distribute the obligation authority provided bysubsection (a), less the aggregate amounts not distributed underparagraphs (1) and (2), for each of the programs (other thanprograms to which paragraph (1) applies) that are allocated bythe Secretary under this division and title 23, United StatesCode, or apportioned by the Secretary under section 202 or 204of that title, by multiplying--(A) the proportion determined under paragraph (3);by(B) the amounts authorized to be appropriated foreach such program for the fiscal year; and(5) shall distribute the obligation authority provided bysubsection (a), less the aggregate amounts not distributed underparagraphs (1) and (2) and the amounts distributed underparagraph (4), for Federal-aid highway and highway safetyconstruction programs that are apportioned by the Secretaryunder title 23, United States Code (other than the amountsapportioned for the national highway performance program insection 119 of title 23, United States Code, that are exemptfrom the limitation under subsection (b)(14) and the amountsapportioned under sections 202 and 204 of that title) in theproportion that--(A) amounts authorized to be appropriated for theprograms that are apportioned under title 23, UnitedStates Code, to each State for the fiscal year; bears to(B) the total of the amounts authorized to beappropriated for the programs that are apportioned undertitle 23, United States Code, to all States for thefiscal year.[[Page 135 STAT. 453]] (d) <>Redistribution of Unused Obligation Authority.--Notwithstanding subsection (c), the Secretary shall, after August 1 of each of fiscal years 2022 through 2026--(1) <>revise a distribution of theobligation authority made available under subsection (c) if anamount distributed cannot be obligated during that fiscal year;and(2) redistribute sufficient amounts to those States able toobligate amounts in addition to those previously distributedduring that fiscal year, giving priority to those States havinglarge unobligated balances of funds apportioned under sections144 (as in effect on the day before the date of enactment ofMAP-21 (Public Law 112-141; 126 Stat. 405)) and 104 of title 23,United States Code. (e) Applicability of Obligation Limitations to Transportation Research Programs.--(1) In general.--Except as provided in paragraph (2),obligation limitations imposed by subsection (a) shall apply tocontract authority for transportation research programs carriedout under chapter 5 of title 23, United States Code.(2) Exception.--Obligation authority made available underparagraph (1) shall--(A) remain available for a period of 4 fiscal years;and(B) be in addition to the amount of any limitationimposed on obligations for Federal-aid highway andhighway safety construction programs for future fiscalyears. (f) Redistribution of Certain Authorized Funds.--(1) <>In general.--Not later than 30days after the date of distribution of obligation authorityunder subsection (c) for each of fiscal years 2022 through 2026,the Secretary shall distribute to the States any funds(excluding funds authorized for the program under section 202 oftitle 23, United States Code) that--(A) are authorized to be appropriated for the fiscalyear for Federal-aid highway programs; and(B) <>the Secretarydetermines will not be allocated to the States (or willnot be apportioned to the States under section 204 oftitle 23, United States Code), and will not be availablefor obligation, for the fiscal year because of theimposition of any obligation limitation for the fiscalyear.(2) Ratio.--Funds shall be distributed under paragraph (1)in the same proportion as the distribution of obligationauthority under subsection (c)(5).(3) Availability.--Funds distributed to each State underparagraph (1) shall be available for any purpose described insection 133(b) of title 23, United States Code.SEC. 11103. DEFINITIONS. Section 101(a) of title 23, United States Code, is amended--(1) in paragraph (4)--(A) in subparagraph (A), by inserting ``assessingresilience,'' after ``surveying,'';(B) in subparagraph (G), by striking ``and'' at theend;(C) by redesignating subparagraph (H) assubparagraph (I); and(D) by inserting after subparagraph (G) thefollowing:[[Page 135 STAT. 454]]``(H) improvements that reduce the number ofwildlife-vehicle collisions, such as wildlife crossingstructures; and'';(2) by redesignating paragraphs (17) through (34) asparagraphs (18), (19), (20), (21), (22), (23), (25), (26), (27),(28), (29), (30), (31), (32), (33), (34), (35), and (36),respectively;(3) by inserting after paragraph (16) the following:``(17) Natural infrastructure.--The term `naturalinfrastructure' means infrastructure that uses, restores, oremulates natural ecological processes and--``(A) is created through the action of naturalphysical, geological, biological, and chemical processesover time;``(B) is created by human design, engineering, andconstruction to emulate or act in concert with naturalprocesses; or``(C) involves the use of plants, soils, and othernatural features, including through the creation,restoration, or preservation of vegetated areas usingmaterials appropriate to the region to manage stormwaterand runoff, to attenuate flooding and storm surges, andfor other related purposes.'';(4) by inserting after paragraph (23) (as so redesignated)the following:``(24) Resilience.--The term `resilience', with respect to aproject, means a project with the ability to anticipate, preparefor, or adapt to conditions or withstand, respond to, or recoverrapidly from disruptions, including the ability--``(A)(i) to resist hazards or withstand impacts fromweather events and natural disasters; or``(ii) to reduce the magnitude or duration ofimpacts of a disruptive weather event or naturaldisaster on a project; and``(B) to have the absorptive capacity, adaptivecapacity, and recoverability to decrease projectvulnerability to weather events or other naturaldisasters.''; and(5) in subparagraph (A) of paragraph (32) (as soredesignated)--(A) by striking the period at the end and inserting``; and'';(B) by striking ``through the implementation'' andinserting the following: ``through--``(i) the implementation''; and(C) by adding at the end the following:``(ii) the consideration of incorporatingnatural infrastructure.''.SEC. 11104. APPORTIONMENT. (a) Administrative Expenses.--Section 104(a)(1) of title 23, United States Code, is amended by striking subparagraphs (A) through (E) and inserting the following:``(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.''. (b) Division Among Programs of State Share.--Section 104(b) of title 23, United States Code, is amended in subsection (b)--[[Page 135 STAT. 455]](1) in the matter preceding paragraph (1), by inserting``the carbon reduction program under section 175, to carry outsubsection (c) of the PROTECT program under section 176,''before ``and to carry out section 134'';(2) in paragraph (1), by striking ``63.7 percent'' andinserting ``59.0771195921461 percent'';(3) in paragraph (2), by striking ``29.3 percent'' andinserting ``28.7402203421251 percent'';(4) in paragraph (3), by striking ``7 percent'' andinserting ``6.70605141316253 percent'';(5) by striking paragraph (4) and inserting the following:``(4) Congestion mitigation and air quality improvementprogram.--``(A) In general.--For the congestion mitigation andair quality improvement program, an amount determinedfor the State under subparagraphs (B) and (C).``(B) Total amount.--The total amount for thecongestion mitigation and air quality improvementprogram for all States shall be--``(i) $2,536,490,803 for fiscal year 2022;``(ii) $2,587,220,620 for fiscal year 2023;``(iii) $2,638,965,032 for fiscal year 2024;``(iv) $2,691,744,332 for fiscal year 2025;and``(v) $2,745,579,213 for fiscal year 2026.``(C) State share.--For each fiscal year, theSecretary shall distribute among the States the totalamount for the congestion mitigation and air qualityimprovement program under subparagraph (B) so that eachState receives an amount equal to the proportion that--``(i) the amount apportioned to the State forthe congestion mitigation and air qualityimprovement program for fiscal year 2020; bears to``(ii) the total amount of funds apportionedto all States for that program for fiscal year2020.'';(6) in paragraph (5)--(A) by striking subparagraph (B) and inserting thefollowing:``(B) Total amount.--The total amount set aside forthe national highway freight program for all Statesshall be--``(i) $1,373,932,519 for fiscal year 2022;``(ii) $1,401,411,169 for fiscal year 2023;``(iii) $1,429,439,392 for fiscal year 2024;``(iv) $1,458,028,180 for fiscal year 2025;and``(v) $1,487,188,740 for fiscal year 2026.'';and(B) by striking subparagraph (D); and(7) by striking paragraph (6) and inserting the following:``(6) Metropolitan planning.--``(A) In general.--To carry out section 134, anamount determined for the State under subparagraphs (B)and (C).``(B) Total amount.--The total amount formetropolitan planning for all States shall be--``(i) $ 438,121,139 for fiscal year 2022;``(ii) $446,883,562 for fiscal year 2023;``(iii) $455,821,233 for fiscal year 2024;``(iv) $464,937,657 for fiscal year 2025; and[[Page 135 STAT. 456]]``(v) $474,236,409 for fiscal year 2026.``(C) State share.--For each fiscal year, theSecretary shall distribute among the States the totalamount to carry out section 134 under subparagraph (B)so that each State receives an amount equal to theproportion that--``(i) the amount apportioned to the State tocarry out section 134 for fiscal year 2020; bearsto``(ii) the total amount of funds apportionedto all States to carry out section 134 for fiscalyear 2020.``(7) Carbon reduction program.--For the carbon reductionprogram under section 175, 2.56266964565637 percent of theamount remaining after distributing amounts under paragraphs(4), (5), and (6).``(8) PROTECT formula program.--To carry out subsection (c)of the PROTECT program under section 176, 2.91393900690991percent of the amount remaining after distributing amounts underparagraphs (4), (5), and (6).''. (c) Calculation of Amounts.--Section 104(c) of title 23, United States Code, is amended--(1) in paragraph (1)--(A) in the matter preceding subparagraph (A), bystriking ``each of fiscal years 2016 through 2020'' andinserting ``fiscal year 2022 and each fiscal yearthereafter'';(B) in subparagraph (A)--(i) by striking clause (i) and inserting thefollowing:``(i) the base apportionment; by''; and(ii) in clause (ii)(I), by striking ``fiscalyear 2015'' and inserting ``fiscal year 2021'';and(C) by striking subparagraph (B) and inserting thefollowing:``(B) Guaranteed amounts.--The initial amountsresulting from the calculation under subparagraph (A)shall be adjusted to ensure that each State receives anaggregate apportionment that is--``(i) equal to at least 95 percent of theestimated tax payments paid into the Highway TrustFund (other than the Mass Transit Account) in themost recent fiscal year for which data areavailable that are--``(I) attributable to highway usersin the State; and``(II) associated with taxes ineffect on July 1, 2019, and only up tothe rate those taxes were in effect onthat date;``(ii) at least 2 percent greater than theapportionment that the State received for fiscalyear 2021; and``(iii) at least 1 percent greater than theapportionment that the State received for theprevious fiscal year.''; and(2) in paragraph (2)--(A) by striking ``fiscal years 2016 through 2020''and inserting ``fiscal year 2022 and each fiscal yearthereafter''; and(B) by inserting ``the carbon reduction programunder section 175, to carry out subsection (c) of thePROTECT program under section 176,'' before ``and tocarry out section 134''.[[Page 135 STAT. 457]] (d) Metropolitan Planning.--Section 104(d)(1)(A) of title 23, United States Code, is amended by striking ``paragraphs (5)(D) and (6) of subsection (b)'' each place it appears and inserting ``subsection (b)(6)''. (e) Supplemental Funds.--Section 104 of title 23, United States Code, is amended by striking subsection (h). (f) Base Apportionment Defined.--Section 104 of title 23, United States Code, is amended--(1) by redesignating subsection (i) as subsection (h); and(2) in subsection (h) (as so redesignated)--(A) by striking ``means'' in the matter precedingparagraph (1) and all that follows through ``thecombined amount'' in paragraph (1) and inserting ``meansthe combined amount'';(B) by striking ``and to carry out section 134;minus'' and inserting ``the carbon reduction programunder section 175, to carry out subsection (c) of thePROTECT program under section 176, and to carry outsection 134.''; and(C) by striking paragraph (2).SEC. 11105. NATIONAL HIGHWAY PERFORMANCE PROGRAM. Section 119 of title 23, United States Code, is amended--(1) in subsection (b)--(A) in paragraph (2), by striking ``and'' at theend;(B) in paragraph (3), by striking the period at theend and inserting ``; and''; and(C) by adding at the end the following:``(4) to provide support for activities to increase theresiliency of the National Highway System to mitigate the costof damages from sea level rise, extreme weather events,flooding, wildfires, or other natural disasters.'';(2) in subsection (d)(2), by adding at the end thefollowing:``(Q) Undergrounding public utility infrastructurecarried out in conjunction with a project otherwiseeligible under this section.``(R) Resiliency improvements on the NationalHighway System, including protective features describedin subsection (k)(2).``(S) Implement activities to protect segments ofthe National Highway System from cybersecuritythreats.'';(3) in subsection (e)(4)(D), by striking ``analysis'' andinserting ``analyses, both of which shall take intoconsideration extreme weather and resilience''; and(4) by adding at the end the following: ``(k) Protective Features.--``(1) In general.--A State may use not more than 15 percentof the funds apportioned to the State under section 104(b)(1)for each fiscal year for 1 or more protective features on aFederal-aid highway or bridge not on the National HighwaySystem, if the protective feature is designed to mitigate therisk of recurring damage or the cost of future repairs fromextreme weather events, flooding, or other natural disasters.``(2) Protective features described.--A protective featurereferred to in paragraph (1) includes--``(A) raising roadway grades;[[Page 135 STAT. 458]]``(B) relocating roadways in a base floodplain tohigher ground above projected flood elevation levels oraway from slide prone areas;``(C) stabilizing slide areas;``(D) stabilizing slopes;``(E) lengthening or raising bridges to increasewaterway openings;``(F) increasing the size or number of drainagestructures;``(G) replacing culverts with bridges or upsizingculverts;``(H) installing seismic retrofits on bridges;``(I) adding scour protection at bridges, installingriprap, or adding other scour, stream stability,coastal, or other hydraulic countermeasures, includingspur dikes; and``(J) the use of natural infrastructure to mitigatethe risk of recurring damage or the cost of futurerepair from extreme weather events, flooding, or othernatural disasters.``(3) Savings provision.--Nothing in this subsection limitsthe ability of a State to carry out a project otherwise eligibleunder subsection (d) using funds apportioned under section104(b)(1).''.SEC. 11106. EMERGENCY RELIEF. Section 125 of title 23, United States Code, is amended--(1) in subsection (a)(1), by inserting ``wildfire,'' after``severe storm,'';(2) by striking subsection (b) and inserting the following: ``(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(3) in subsection (d)--(A) in paragraph (2)(A)--(i) by striking the period at the end andinserting ``; and'';(ii) by striking ``a facility that meets thecurrent'' and inserting the following: ``afacility that--``(i) meets the current''; and(iii) by adding at the end the following:``(ii) incorporates economically justifiableimprovements that will mitigate the risk ofrecurring damage from extreme weather, flooding,and other natural disasters.'';(B) by redesignating paragraph (3) as paragraph (4);and(C) by inserting after paragraph (2) the following:``(3) Protective features.--``(A) In general.--The cost of an improvement thatis part of a project under this section shall be aneligible expense under this section if the improvementis a protective feature that will mitigate the risk ofrecurring damage or the cost of future repair fromextreme weather, flooding, and other natural disasters.[[Page 135 STAT. 459]]``(B) Protective features described.--A protectivefeature referred to in subparagraph (A) includes--``(i) raising roadway grades;``(ii) relocating roadways in a floodplain tohigher ground above projected flood elevationlevels or away from slide prone areas;``(iii) stabilizing slide areas;``(iv) stabilizing slopes;``(v) lengthening or raising bridges toincrease waterway openings;``(vi) increasing the size or number ofdrainage structures;``(vii) replacing culverts with bridges orupsizing culverts;``(viii) installing seismic retrofits onbridges;``(ix) adding scour protection at bridges,installing riprap, or adding other scour, streamstability, coastal, or other hydrauliccountermeasures, including spur dikes; and``(x) the use of natural infrastructure tomitigate the risk of recurring damage or the costof future repair from extreme weather, flooding,and other natural disasters.''.SEC. 11107. FEDERAL SHARE PAYABLE. Section 120 of title 23, United States Code, is amended--(1) in subsection (c)--(A) in paragraph (1), in the first sentence, byinserting ``vehicle-to-infrastructure communicationequipment,'' after ``breakaway utility poles,'';(B) in subparagraph (3)(B)--(i) in clause (v), by striking ``or'' at theend;(ii) by redesignating clause (vi) as clause(vii); and(iii) by inserting after clause (v) thefollowing:``(vi) contractual provisions that providesafety contingency funds to incorporate safetyenhancements to work zones prior to or duringroadway construction activities; or''; and(C) by adding at the end the following:``(4) <>Pooled funding.--Notwithstanding any other provision of law, the Secretary maywaive the non-Federal share of the cost of a project or activityunder section 502(b)(6) that is carried out with amountsapportioned under section 104(b)(2) after consideringappropriate factors, including whether--``(A) decreasing or eliminating the non-Federalshare would best serve the interests of the Federal-aidhighway program; and``(B) the project or activity addresses national orregional high priority research, development, andtechnology transfer problems in a manner that wouldbenefit multiple States or metropolitan planningorganizations.'';(2) in subsection (e)--(A) in paragraph (1), by striking ``180 days'' andinserting ``270 days''; and(B) in paragraph (4), by striking ``permanent''; and(3) by adding at the end the following: ``(l) Federal Share Flexibility Pilot Program.--[[Page 135 STAT. 460]]``(1) <>Establishment.--Not later than180 days after the date of enactment of the SurfaceTransportation Reauthorization Act of 2021, the Secretary shallestablish a pilot program (referred to in this subsection as the`pilot program') to give States additional flexibility withrespect to the Federal requirements under this section.``(2) Program.--``(A) In general.--Notwithstanding any otherprovision of law, a State participating in the pilotprogram (referred to in this subsection as a`participating State') may determine the Federal shareon a project, multiple-project, or program basis forprojects under any of the following:``(i) The national highway performance programunder section 119.``(ii) The surface transportation block grantprogram under section 133.``(iii) The highway safety improvement programunder section 148.``(iv) The congestion mitigation and airquality improvement program under section 149.``(v) The national highway freight programunder section 167.``(vi) The carbon reduction program undersection 175.``(vii) Subsection (c) of the PROTECT programunder section 176.``(B) Requirements.--``(i) Maximum federal share.--Subject toclause (iii), the Federal share of the cost of anindividual project carried out under a programdescribed in subparagraph (A) by a participatingState and to which the participating State isapplying the Federal share requirements under thepilot program may be up to 100 percent.``(ii) Minimum federal share.--No individualproject carried out under a program described insubparagraph (A) by a participating State and towhich the participating State is applying theFederal share requirements under the pilot programshall have a Federal share of 0 percent.``(iii) Determination.--The average annualFederal share of the total cost of all projectsauthorized under a program described insubparagraph (A) to which a participating State isapplying the Federal share requirements under thepilot program shall be not more than the averageof the maximum Federal share of those projects ifthose projects were not carried out under thepilot program.``(C) Selection.--``(i) Application.--A State seeking to be aparticipating State shall--``(I) submit to the Secretary anapplication in such form, at such time,and containing such information as theSecretary may require; and``(II) have in place adequatefinancial controls to allow the State todetermine the average annual[[Page 135 STAT. 461]]Federal share requirements under thepilot program.``(ii) Requirement.--For each of fiscal years2022 through 2026, the Secretary shall select notmore than 10 States to be participating States.''.SEC. 11108. RAILWAY-HIGHWAY GRADE CROSSINGS. (a) In General.--Section 130(e) of title 23, United States Code, is amended--(1) in the heading, by striking ``Protective Devices'' andinserting ``Railway-Highway Grade Crossings''; and(2) in paragraph (1)--(A) in subparagraph (A), by striking ``and theinstallation of protective devices at railway-highwaycrossings'' in the matter preceding clause (i) and allthat follows through ``2020.'' in clause (v) andinserting the following: ``, the installation ofprotective devices at railway-highway crossings, thereplacement of functionally obsolete warning devices,and as described in subparagraph (B), not less than$245,000,000 for each of fiscal years 2022 through2026.''; and(B) by striking subparagraph (B) and inserting thefollowing:``(B) Reducing trespassing fatalities andinjuries.--A State may use funds set aside undersubparagraph (A) for projects to reduce pedestrianfatalities and injuries from trespassing at gradecrossings.''. (b) Federal Share.--Section 130(f)(3) of title 23, United States Code, is amended by striking ``90 percent'' and inserting ``100 percent''. (c) Incentive Payments for At-grade Crossing Closures.--Section 130(i)(3)(B) of title 23, United States Code, is amended by striking ``$7,500'' and inserting ``$100,000''. (d) Expenditure of Funds.--Section 130(k) of title 23, United States Code, is amended by striking ``2 percent'' and inserting ``8 percent''. (e) <>GAO Study.--Not later than 3 years after the date of enactment of this Act, the Comptroller General of the United States shall submit to Congress a report that includes an analysis of the effectiveness of the railway-highway crossings program under section 130 of title 23, United States Code. (f) Sense of Congress Relating to Trespasser Deaths Along Railroad Rights-of-way.--It is the sense of Congress that the Department should, where feasible, coordinate departmental efforts to prevent or reduce trespasser deaths along railroad rights-of-way and at or near railway-highway crossings.SEC. 11109. SURFACE TRANSPORTATION BLOCK GRANT PROGRAM. (a) In General.--Section 133 of title 23, United States Code, is amended--(1) in subsection (b)--(A) in paragraph (1)--(i) in subparagraph (B)--(I) by adding ``or'' at the end;(II) by striking ``facilitieseligible'' and inserting the following:``facilities--``(i) that are eligible''; and(III) by adding at the end thefollowing:[[Page 135 STAT. 462]]``(ii) <>that areprivately or majority-privately owned, but thatthe Secretary determines provide a substantialpublic transportation benefit or otherwise meetthe foremost needs of the surface transportationsystem described in section 101(b)(3)(D);'';(ii) in subparagraph (E), by striking ``and''at the end;(iii) in subparagraph (F), by striking theperiod at the end and inserting ``; and''; and(iv) by adding at the end the following:``(G) wildlife crossing structures.'';(B) in paragraph (3), by inserting``148(a)(4)(B)(xvii),'' after ``119(g),'';(C) by redesignating paragraphs (4) through (15) asparagraphs (5), (6), (7), (8), (9), (10), (11), (12),(13), (20), (21), and (22), respectively;(D) in paragraph (5) (as so redesignated), bystriking ``railway-highway grade crossings'' andinserting ``projects eligible under section 130 andinstallation of safety barriers and nets on bridges'';(E) in paragraph (7) (as so redesignated)--(i) by inserting ``including the maintenanceand restoration of existing recreational trails,''after ``section 206''; and(ii) by striking ``the safe routes to schoolprogram under section 1404 of SAFETEA-LU (23U.S.C. 402 note)'' and inserting ``the safe routesto school program under section 208'';(F) by inserting after paragraph (13) (as soredesignated) the following:``(14) Projects and strategies designed to reduce the numberof wildlife-vehicle collisions, including project-relatedplanning, design, construction, monitoring, and preventativemaintenance.``(15) The installation of electric vehicle charginginfrastructure and vehicle-to-grid infrastructure.``(16) The installation and deployment of current andemerging intelligent transportation technologies, including theability of vehicles to communicate with infrastructure,buildings, and other road users.``(17) Planning and construction of projects that facilitateintermodal connections between emerging transportationtechnologies, such as magnetic levitation and hyperloop.``(18) Protective features, including naturalinfrastructure, to enhance the resilience of a transportationfacility otherwise eligible for assistance under this section.``(19) Measures to protect a transportation facilityotherwise eligible for assistance under this section fromcybersecurity threats.''; and(G) by adding at the end the following:``(23) Rural barge landing, dock, and waterfrontinfrastructure projects in accordance with subsection (j).``(24) Projects to enhance travel and tourism.'';(2) in subsection (c)--(A) in paragraph (2), by striking ``paragraphs (4)through (11)'' and inserting ``paragraphs (5) through(15) and paragraph (23)'';[[Page 135 STAT. 463]](B) in paragraph (3), by striking ``and'' at theend;(C) by redesignating paragraph (4) as paragraph (5);and(D) by inserting after paragraph (3) the following:``(4) for a bridge project for the replacement of a lowwater crossing (as defined by the Secretary) with a bridge;and'';(3) in subsection (d)--(A) in paragraph (1)--(i) in the matter preceding subparagraph (A),by striking ``reservation'' and inserting ``setaside''; and(ii) in subparagraph (A)--(I) in the matter preceding clause(i), by striking ``the percentagespecified in paragraph (6) for a fiscalyear'' and inserting ``55 percent foreach of fiscal years 2022 through2026''; and(II) by striking clauses (ii) and(iii) and inserting the following:``(ii) in urbanized areas of the State with anurbanized area population of not less than 50,000and not more than 200,000;``(iii) in urban areas of the State with apopulation not less than 5,000 and not more than49,999; and``(iv) in other areas of the State with apopulation less than 5,000; and'';(B) by striking paragraph (3) and inserting thefollowing:``(3) Local consultation.--``(A) Consultation with metropolitan planningorganizations.--For purposes of clause (ii) of paragraph(1)(A), a State shall--``(i) establish a process to consult with allmetropolitan planning organizations in the Statethat represent an urbanized area described in thatclause; and``(ii) describe how funds allocated for areasdescribed in that clause will be allocatedequitably among the applicable urbanized areasduring the period of fiscal years 2022 through2026.``(B) Consultation with regional transportationplanning organizations.--For purposes of clauses (iii)and (iv) of paragraph (1)(A), before obligating fundingattributed to an area with a population less than50,000, a State shall consult with the regionaltransportation planning organizations that represent thearea, if any.''; and(C) by striking paragraph (6);(4) in subsection (e)(1), in the matter precedingsubparagraph (A), by striking ``fiscal years 2016 through 2020''and inserting ``fiscal years 2022 through 2026'';(5) in subsection (f)--(A) in paragraph (1)--(i) by inserting ``or low water crossing (asdefined by the Secretary)'' after ``a highwaybridge''; and(ii) by inserting ``or low water crossing (asdefined by the Secretary)'' after ``other than abridge'';(B) in paragraph (2)(A)--(i) by striking ``activities described insubsection (b)(2) for off-system bridges'' andinserting ``activities[[Page 135 STAT. 464]] described in paragraphs (1)(A) and (10) ofsubsection (b) for off-system bridges, projectsand activities described in subsection (b)(1)(A)for the replacement of low water crossings withbridges, and projects and activities described insubsection (b)(10) for low water crossings (asdefined by the Secretary),''; and(ii) by striking ``15 percent'' and inserting``20 percent''; and(C) in paragraph (3), in the matter precedingsubparagraph (A)--(i) by striking ``bridge or rehabilitation ofa bridge'' and inserting ``bridge, rehabilitationof a bridge, or replacement of a low watercrossing (as defined by the Secretary) with abridge''; and(ii) <>by inserting``or, in the case of a replacement of a low watercrossing with a bridge, is determined by theSecretary on completion to have improved thesafety of the location'' after ``no longer adeficient bridge'';(6) in subsection (g)--(A) in the subsection heading, by striking ``LessThan 5,000'' and inserting ``Less Than 50,000''; and(B) by striking paragraph (1) and inserting thefollowing:``(1) In general.--Notwithstanding subsection (c), andexcept as provided in paragraph (2), up to 15 percent of theamounts required to be obligated by a State under clauses (iii)and (iv) of subsection (d)(1)(A) for each fiscal year may beobligated on--``(A) roads functionally classified as rural minorcollectors or local roads; or``(B) on critical rural freight corridors designatedunder section 167(e).''; and(7) by adding at the end the following: ``(j) Rural Barge Landing, Dock, and Waterfront Infrastructure Projects.--``(1) In general.--A State may use not more than 5 percentof the funds apportioned to the State under section 104(b)(2)for eligible rural barge landing, dock, and waterfrontinfrastructure projects described in paragraph (2).``(2) Eligible projects.--An eligible rural barge landing,dock, or waterfront infrastructure project referred to inparagraph (1) is a project for the planning, designing,engineering, or construction of a barge landing, dock, or otherwaterfront infrastructure in a rural community or a Nativevillage (as defined in section 3 of the Alaska Native ClaimsSettlement Act (43 U.S.C. 1602)) that is off the road system. ``(k) Projects in Rural Areas.--``(1) Set aside.--Notwithstanding subsection (c), inaddition to the activities described in subsections (b) and (g),of the amounts apportioned to a State for each fiscal year tocarry out this section, not more than 15 percent may be--``(A) used on eligible projects under subsection (b)or maintenance activities on roads functionallyclassified as rural minor collectors or local roads, iceroads, or seasonal roads; or``(B) transferred to--[[Page 135 STAT. 465]]``(i) the Appalachian Highway System Programunder 14501 of title 40; or``(ii) the Denali access system program undersection 309 of the Denali Commission Act of 1998(42 U.S.C. 3121 note; Public Law 105-277).``(2) Savings clause.--Amounts allocated under subsection(d) shall not be used to carry out this subsection, except atthe request of the applicable metropolitan planningorganization.''. (b) Set-aside.--(1) In general.--Section 133(h) of title 23, United StatesCode, is amended--(A) in paragraph (1)--(i) in the heading, by striking ``Reservationof funds'' and inserting ``In general''; and(ii) in the matter preceding subparagraph (A),by striking ``for each fiscal year'' and all thatfollows through ``and'' at the end of subparagraph(A)(ii) and inserting the following: ``for fiscalyear 2022 and each fiscal year thereafter--``(A) the Secretary shall set aside an amount equalto 10 percent to carry out this subsection; and'';(B) by striking paragraph (2) and inserting thefollowing:``(2) Allocation within a state.--``(A) In general.--Except as provided insubparagraph (B), funds set aside for a State underparagraph (1) shall be obligated within that State inthe manner described in subsection (d), except that, forpurposes of this paragraph (after funds are madeavailable under paragraph (5))--``(i) for fiscal year 2022 and each fiscalyear thereafter, the percentage referred to inparagraph (1)(A) of that subsection shall bedeemed to be 59 percent; and``(ii) paragraph (3) of subsection (d) shallnot apply.``(B) Local control.--A State may allocate up to 100percent of the funds referred to in subparagraph (A)(i)if--``(i) <>the State submits tothe Secretary a plan that describes--``(I) how funds will be allocated tocounties, metropolitan planningorganizations, regional transportationplanning organizations as described insection 135(m), or local governments;``(II) how the entities described insubclause (I) will carry out acompetitive process to select projectsfor funding and report selected projectsto the State;``(III) the legal, financial, andtechnical capacity of the entitiesdescribed in subclause (I);``(IV) how input was gathered fromthe entities described in subclause (I)to ensure those entities will be able tocomply with the requirements of thissubsection; and``(V) how the State will comply withparagraph (8); and[[Page 135 STAT. 466]]``(ii) the Secretary approves the plansubmitted under clause (i).'';(C) by striking paragraph (3) and inserting thefollowing:``(3) Eligible projects.--Funds set aside under thissubsection may be obligated for--``(A) projects or activities described in section101(a)(29) or 213, as those provisions were in effect onthe day before the date of enactment of the FAST Act(Public Law 114-94; 129 Stat. 1312);``(B) projects and activities under the safe routesto school program under section 208; and``(C) activities in furtherance of a vulnerable roaduser safety assessment (as defined in section148(a)).'';(D) in paragraph (4)--(i) by striking subparagraph (A);(ii) by redesignating subparagraph (B) assubparagraph (A);(iii) in subparagraph (A) (as soredesignated)--(I) by redesignating clauses (vii)and (viii) as clauses (viii) and (ix),respectively;(II) by inserting after clause (vi)the following:``(vii) a metropolitan planning organizationthat serves an urbanized area with a population of200,000 or fewer;'';(III) in clause (viii) (as soredesignated), by striking``responsible'' and all that followsthrough ``programs; and'' and insertinga semicolon;(IV) in clause (ix) (as soredesignated)--(aa) by inserting ``thatserves an urbanized area with apopulation of over 200,000''after ``metropolitan planningorganization''; and(bb) by striking the periodat the end and inserting ``;and''; and(V) by adding at the end thefollowing:``(x) a State, at the request of an entitydescribed in clauses (i) through (ix).''; and(iv) by adding at the end the following:``(B) Competitive process.--A State or metropolitanplanning organization required to obligate funds inaccordance with paragraph (2) shall develop acompetitive process to allow eligible entities to submitprojects for funding that achieve the objectives of thissubsection.``(C) Selection.--A metropolitan planningorganization for an area described in subsection(d)(1)(A)(i) shall select projects under the competitiveprocess described in subparagraph (B) in consultationwith the relevant State.``(D) Prioritization.--The competitive processdescribed in subparagraph (B) shall includeprioritization of project location and impact in high- need areas as defined by the State, such as low-income,transit-dependent, rural, or other areas.'';(E) in paragraph (5)(A), by striking ``reservedunder this section'' and inserting ``set aside underthis subsection'';(F) in paragraph (6)--(i) in subparagraph (B), by striking``reserved'' and inserting ``set aside''; and[[Page 135 STAT. 467]](ii) by adding at the end the following:``(C) Improving accessibility and efficiency.--``(i) In general.--A State may use an amountequal to not more than 5 percent of the funds setaside for the State under this subsection, afterallocating funds in accordance with paragraph(2)(A), to improve the ability of applicants toaccess funding for projects under this subsectionin an efficient and expeditious manner byproviding--``(I) to applicants for projectsunder this subsection applicationassistance, technical assistance, andassistance in reducing the period oftime between the selection of theproject and the obligation of funds forthe project; and``(II) funding for 1 or more full-time State employee positions toadminister this subsection.``(ii) Use of funds.--Amounts used underclause (i) may be expended--``(I) directly by the State; or``(II) through contracts with Stateagencies, private entities, or nonprofitentities.'';(G) by redesignating paragraph (7) as paragraph (8);(H) by inserting after paragraph (6) the following:``(7) Federal share.--``(A) Required aggregate non-federal share.--Theaverage annual non-Federal share of the total cost ofall projects for which funds are obligated under thissubsection in a State for a fiscal year shall be notless than the average non-Federal share of the cost ofthe projects that would otherwise apply.``(B) Flexible financing.--Subject to subparagraph(A), notwithstanding section 120--``(i) funds made available to carry outsection 148 may be credited toward the non-Federalshare of the costs of a project under thissubsection if the project--``(I) is an eligible projectdescribed in section 148(e)(1); and``(II) is consistent with the Statestrategic highway safety plan (asdefined in section 148(a));``(ii) the non-Federal share for a projectunder this subsection may be calculated on aproject, multiple-project, or program basis; and``(iii) the Federal share of the cost of anindividual project in this section may be up to100 percent.``(C) <>Requirement.--Subparagraph (B) shall only apply to aState if the State has adequate financial controls, ascertified by the Secretary, to account for the averageannual non-Federal share under this paragraph.''; and(I) in subparagraph (A) of paragraph (8) (as soredesignated)--(i) in the matter preceding clause (i), bystriking ``describes'' and inserting ``includes'';and(ii) by striking clause (ii) and inserting thefollowing:``(ii) a list of each project selected forfunding for each fiscal year, including, for eachproject--[[Page 135 STAT. 468]]``(I) the fiscal year during whichthe project was selected;``(II) the fiscal year in which theproject is anticipated to be funded;``(III) the recipient;``(IV) the location, including thecongressional district;``(V) the type;``(VI) the cost; and``(VII) a brief description.''.(2) State transferability.--Section 126(b)(2) of title 23,United States Code, is amended--(A) by striking the period at the end and inserting``; and'';(B) by striking ``reserved for a State under section133(h) for a fiscal year may'' and inserting thefollowing: ``set aside for a State under section 133(h)for a fiscal year--``(A) may''; and(C) by adding at the end the following:``(B) <>may only betransferred if the Secretary certifies that the State--``(i) held a competition in compliance withthe guidance issued to carry out section 133(h)and provided sufficient time for applicants toapply;``(ii) offered to each eligible entity, andprovided on request of an eligible entity,technical assistance; and``(iii) demonstrates that there were notsufficiently suitable applications from eligibleentities to use the funds to be transferred.''.SEC. 11110. NATIONALLY SIGNIFICANT FREIGHT AND HIGHWAY PROJECTS. (a) In General.--Section 117 of title 23, United States Code, is amended--(1) in the section heading, by inserting ``multimodal''before ``freight'';(2) in subsection (a)(2)--(A) in subparagraph (A), by inserting ``in andacross rural and urban areas'' after ``people'';(B) in subparagraph (C), by inserting ``or freight''after ``highway'';(C) in subparagraph (E), by inserting ``or freight''after ``highway''; and(D) in subparagraph (F), by inserting ``, includinghighways that support movement of energy equipment''after ``security'';(3) in subsection (b), by adding at the end the following:``(3) Grant administration.--The Secretary may--``(A) <>retain not more than atotal of 2 percent of the funds made available to carryout this section for the National Surface Transportationand Innovative Finance Bureau to review applications forgrants under this section; and``(B) <>transferportions of the funds retained under subparagraph (A) tothe relevant Administrators to fund[[Page 135 STAT. 469]] the award and oversight of grants provided under thissection.'';(4) in subsection (c)(1)--(A) by redesignating subparagraph (H) assubparagraph (I); and(B) by inserting after subparagraph (G) thefollowing:``(H) A multistate corridor organization.'';(5) in subsection (d)--(A) in paragraph (1)(A)--(i) in clause (iii)(II), by striking ``or'' atthe end;(ii) in clause (iv), by striking ``and'' atthe end; and(iii) by adding at the end the following:``(v) a wildlife crossing project;``(vi) a surface transportation infrastructureproject that--``(I) is located within theboundaries of or functionally connectedto an international border crossing areain the United States;``(II) improves a transportationfacility owned by a Federal, State, orlocal government entity; and``(III) increases throughputefficiency of the border crossingdescribed in subclause (I), including--``(aa) a project to addlanes;``(bb) a project to addtechnology; and``(cc) other surfacetransportation improvements;``(vii) <>a projectfor a marine highway corridor designated by theSecretary under section 55601(c) of title 46(including an inland waterway corridor), if theSecretary determines that the project--``(I) is functionally connected tothe National Highway Freight Network;and``(II) is likely to reduce on-roadmobile source emissions; or``(viii) a highway, bridge, or freight projectcarried out on the National Multimodal FreightNetwork established under section 70103 of title49; and''; and(B) in paragraph (2)(A), in the matter precedingclause (i)--(i) by striking ``$600,000,000'' and inserting``30 percent''; and(ii) by striking ``fiscal years 2016 through2020, in the aggregate,'' and inserting ``each offiscal years 2022 through 2026'';(6) in subsection (e)--(A) in paragraph (1), by striking ``10 percent'' andinserting ``not less than 15 percent'';(B) in paragraph (3)--(i) in subparagraph (A), by striking ``and''at the end;(ii) in subparagraph (B), by striking theperiod at the end and inserting ``; and''; and(iii) by adding at the end the following:[[Page 135 STAT. 470]]``(C) the effect of the proposed project on safetyon freight corridors with significant hazards, such ashigh winds, heavy snowfall, flooding, rockslides,mudslides, wildfire, wildlife crossing onto the roadway,or steep grades.''; and(C) by adding at the end the following:``(4) Requirement.--Of the amounts reserved under paragraph(1), not less than 30 percent shall be used for projects inrural areas (as defined in subsection (i)(3)).'';(7) in subsection (f)(2), by inserting ``(including aproject to replace or rehabilitate a culvert, or to reducestormwater runoff for the purpose of improving habitat foraquatic species)'' after ``environmental mitigation'';(8) in subsection (h)--(A) in paragraph (2), by striking ``and'' at theend;(B) in paragraph (3), by striking the period at theend and inserting a semicolon; and(C) by adding at the end the following:``(4) enhancement of freight resilience to natural hazardsor disasters, including high winds, heavy snowfall, flooding,rockslides, mudslides, wildfire, wildlife crossing onto theroadway, or steep grades;``(5) whether the project will improve the sharedtransportation corridor of a multistate corridor organization,if applicable; and``(6) prioritizing projects located in States in whichneither the State nor an eligible entity in that State has beenawarded a grant under this section.'';(9) in subsection (i)(2), by striking ``other grants underthis section'' and inserting ``grants under subsection (e)'';(10) in subsection (j)--(A) by striking the subsection designation andheading and all that follows through ``The Federalshare'' in paragraph (1) and inserting the following: ``(j) Federal Assistance.--``(1) Federal share.--``(A) In general.--Except as provided insubparagraph (B) or for a grant under subsection (q),the Federal share'';(B) in paragraph (1), by adding at the end thefollowing:``(B) Small projects.--In the case of a projectdescribed in subsection (e)(1), the Federal share of thecost of the project shall be 80 percent.''; and(C) in paragraph (2)--(i) by striking ``Federal assistance other''and inserting ``Except for grants under subsection(q), Federal assistance other''; and(ii) by striking ``except that the totalFederal'' and inserting the following: ``exceptthat--``(A) for a State with a population density of notmore than 80 persons per square mile of land area, basedon the 2010 census, the maximum share of the totalFederal assistance provided for a project receiving agrant under this section shall be the applicable shareunder section 120(b); and``(B) for a State not described in subparagraph (A),the total Federal'';[[Page 135 STAT. 471]](11) by redesignating subsections (k) through (n) assubsections (l), (m), (n), and (p), respectively;(12) by inserting after subsection (j) the following: ``(k) Efficient Use of Non-Federal Funds.--``(1) <>In general.--Notwithstanding anyother provision of law and subject to approval by the Secretaryunder paragraph (2)(B), in the case of any grant for a projectunder this section, during the period beginning on the date onwhich the grant recipient is selected and ending on the date onwhich the grant agreement is signed--``(A) the grant recipient may obligate and expendnon-Federal funds with respect to the project for whichthe grant is provided; and``(B) any non-Federal funds obligated or expended inaccordance with subparagraph (A) shall be creditedtoward the non-Federal cost share for the project forwhich the grant is provided.``(2) Requirements.--``(A) Application.--In order to obligate and expendnon-Federal funds under paragraph (1), the grantrecipient shall submit to the Secretary a request toobligate and expend non-Federal funds under thatparagraph, including--``(i) a description of the activities thegrant recipient intends to fund;``(ii) a justification for advancing theactivities described in clause (i), including anassessment of the effects to the project scope,schedule, and budget if the request is notapproved; and``(iii) the level of risk of the activitiesdescribed in clause (i).``(B) Approval.--The Secretary shall approve ordisapprove each request submitted under subparagraph(A).``(C) Compliance with applicable requirements.--Anynon-Federal funds obligated or expended under paragraph(1) shall comply with all applicable requirements,including any requirements included in the grantagreement.``(3) Effect.--The obligation or expenditure of any non-Federal funds in accordance with this subsection shall not--``(A) affect the signing of a grant agreement orother applicable grant procedures with respect to theapplicable grant;``(B) create an obligation on the part of theFederal Government to repay any non-Federal funds if thegrant agreement is not signed; or``(C) affect the ability of the recipient of thegrant to obligate or expend non-Federal funds to meetthe non-Federal cost share for the project for which thegrant is provided after the period described inparagraph (1).'';(13) in subsection (n) (as so redesignated), by strikingparagraph (1) and inserting the following:``(1) <>In general.--Not later than 60days before the date on which a grant is provided for a projectunder this section, the Secretary shall submit to the Committeeson Commerce, Science, and Transportation and Environment andPublic Works of the Senate and the Committee on Transportation[[Page 135 STAT. 472]]and Infrastructure of the House of Representatives a reportdescribing the proposed grant, including--``(A) <>an evaluation andjustification for the applicable project; and``(B) a description of the amount of the proposedgrant award.'';(14) by inserting after subsection (n) (as so redesignated)the following: ``(o) <>Applicant Notification.--``(1) In general.--Not later than 60 days after the date onwhich a grant recipient for a project under this section isselected, the Secretary shall provide to each eligible applicantnot selected for that grant a written notification that theeligible applicant was not selected.``(2) Inclusion.--A written notification under paragraph (1)shall include an offer for a written or telephonic debrief bythe Secretary that will provide--``(A) detail on the evaluation of the application ofthe eligible applicant; and``(B) an explanation of and guidance on the reasonsthe application was not selected for a grant under thissection.``(3) Response.--``(A) In general.--Not later than 30 days after theeligible applicant receives a written notification underparagraph (1), if the eligible applicant opts to receivea debrief described in paragraph (2), the eligibleapplicant shall notify the Secretary that the eligibleapplicant is requesting a debrief.``(B) Debrief.--If the eligible applicant submits arequest for a debrief under subparagraph (A), theSecretary shall provide the debrief by not later than 60days after the date on which the Secretary receives therequest for a debrief.''; and(15) by striking subsection (p) (as so redesignated) andinserting the following: ``(p) Reports.--``(1) Annual report.--``(A) <>In general.-- Notwithstanding any other provision of law, not laterthan 30 days after the date on which the Secretaryselects a project for funding under this section, theSecretary shall submit to the Committee on Environmentand Public Works of the Senate and the Committee onTransportation and Infrastructure of the House ofRepresentatives a report that describes the reasons forselecting the project, based on any criteria establishedby the Secretary in accordance with this section.``(B) Inclusions.--The report submitted undersubparagraph (A) shall specify each criterionestablished by the Secretary that the project meets.``(C) <>Availability.--TheSecretary shall make available on the website of theDepartment of Transportation the report submitted undersubparagraph (A).``(D) Applicability.--This paragraph applies to allprojects described in subparagraph (A) that theSecretary selects on or after October 1, 2021.``(2) Comptroller general.--[[Page 135 STAT. 473]]``(A) Assessment.--The Comptroller General of theUnited States shall conduct an assessment of theestablishment, solicitation, selection, andjustification process with respect to the funding ofprojects under this section.``(B) Report.--Not later than 1 year after the dateof enactment of the Surface TransportationReauthorization Act of 2021 and annually thereafter, theComptroller General of the United States shall submit tothe Committee on Environment and Public Works of theSenate and the Committee on Transportation andInfrastructure of the House of Representatives a reportthat describes, for each project selected to receivefunding under this section--``(i) the process by which each project wasselected;``(ii) the factors that went into theselection of each project; and``(iii) the justification for the selection ofeach project based on any criteria established bythe Secretary in accordance with this section.``(3) <>Inspector general.--Not laterthan 1 year after the date of enactment of the SurfaceTransportation Reauthorization Act of 2021 and annuallythereafter, the Inspector General of the Department ofTransportation shall--``(A) <>conduct an assessmentof the establishment, solicitation, selection, andjustification process with respect to the funding ofprojects under this section; and``(B) <>submit to the Committee onEnvironment and Public Works of the Senate and theCommittee on Transportation and Infrastructure of theHouse of Representatives a final report that describesthe findings of the Inspector General of the Departmentof Transportation with respect to the assessmentconducted under subparagraph (A). ``(q) <>State Incentives Pilot Program.--``(1) Establishment.--There is established a pilot programto award grants to eligible applicants for projects eligible forgrants under this section (referred to in this subsection as the`pilot program').``(2) Priority.--In awarding grants under the pilot program,the Secretary shall give priority to an application that offersa greater non-Federal share of the cost of a project relative toother applications under the pilot program.``(3) Federal share.--``(A) In general.--Notwithstanding any otherprovision of law, the Federal share of the cost of aproject assisted with a grant under the pilot programmay not exceed 50 percent.``(B) No federal involvement.--``(i) In general.--For grants awarded underthe pilot program, except as provided in clause(ii), an eligible applicant may not use Federalassistance to satisfy the non-Federal share of thecost under subparagraph (A).``(ii) Exception.--An eligible applicant mayuse funds from a secured loan (as defined insection 601(a)) to satisfy the non-Federal shareof the cost under subparagraph (A) if the loan isrepayable from non-Federal funds.[[Page 135 STAT. 474]]``(4) Reservation.--``(A) In general.--Of the amounts made available toprovide grants under this section, the Secretary shallreserve for each fiscal year $150,000,000 to providegrants under the pilot program.``(B) Unutilized amounts.--In any fiscal year duringwhich applications under this subsection areinsufficient to effect an award or allocation of theentire amount reserved under subparagraph (A), theSecretary shall use the unutilized amounts to provideother grants under this section.``(5) <>Set-asides.--``(A) Small projects.--``(i) In general.--Of the amounts reservedunder paragraph (4)(A), the Secretary shallreserve for each fiscal year not less than 10percent for projects eligible for a grant undersubsection (e).``(ii) Requirement.--For a grant awarded fromthe amount reserved under clause (i)--``(I) the requirements of subsection(e) shall apply; and``(II) the requirements ofsubsection (g) shall not apply.``(B) Rural projects.--``(i) In general.--Of the amounts reservedunder paragraph (4)(A), the Secretary shallreserve for each fiscal year not less than 25percent for projects eligible for a grant undersubsection (i).``(ii) Requirement.--For a grant awarded fromthe amount reserved under clause (i), therequirements of subsection (i) shall apply.``(6) Report to congress.--Not later than 2 years after thedate of enactment of this subsection, the Secretary shall submitto the Committee on Environment and Public Works and theCommittee on Commerce, Science, and Transportation of the Senateand the Committee on Transportation and Infrastructure of theHouse of Representatives a report that describes theadministration of the pilot program, including--``(A) the number, types, and locations of eligibleapplicants that have applied for grants under the pilotprogram;``(B) the number, types, and locations of grantrecipients under the pilot program;``(C) <>an assessment ofwhether implementation of the pilot program hasincentivized eligible applicants to offer a greater non- Federal share for grants under the pilot program; and``(D) <>anyrecommendations for modifications to the pilot program. ``(r) Multistate Corridor Organization Defined.--For purposes of this section, the term `multistate corridor organization' means an organization of a group of States developed through cooperative agreements, coalitions, or other arrangements to promote regional cooperation, planning, and shared project implementation for programs and projects to improve transportation system management and operations for a shared transportation corridor.[[Page 135 STAT. 475]] ``(s) Additional Authorization of Appropriations.--In addition to amounts made available from the Highway Trust Fund, there are authorized to be appropriated to carry out this section, to remain available for a period of 3 fiscal years following the fiscal year for which the amounts are appropriated--``(1) $1,000,000,000 for fiscal year 2022;``(2) $1,100,000,000 for fiscal year 2023;``(3) $1,200,000,000 for fiscal year 2024;``(4) $1,300,000,000 for fiscal year 2025; and``(5) $1,400,000,000 for fiscal year 2026.''. (b) Clerical Amendment.--The analysis for chapter 1 of title 23, United States Code, <>is amended by striking the item relating to section 117 and inserting the following:``117. Nationally significant multimodal freight and highwayprojects.''. (c) <>Efficient Use of Non-Federal Funds.--(1) <>In general.--Notwithstanding any other provision of law, in the case of agrant described in paragraph (2), section 117(k) of title 23,United States Code, shall apply to the grant as if the grant wasa grant provided under that section.(2) Grant described.--A grant referred to in paragraph (1)is a grant that is--(A) provided under a competitive discretionary grantprogram administered by the Federal HighwayAdministration;(B) for a project eligible under title 23, UnitedStates Code; and(C) in an amount greater than $5,000,000.SEC. 11111. HIGHWAY SAFETY IMPROVEMENT PROGRAM. (a) In General.--Section 148 of title 23, United States Code, is amended--(1) in subsection (a)--(A) in paragraph (4)(B)--(i) in clause (i), by inserting ``thatprovides for the safety of all road users, asappropriate, including a multimodal roundabout''after ``improvement'';(ii) in clause (vi), by inserting ``or a gradeseparation project'' after ``devices'';(iii) by striking clause (viii) and insertingthe following:``(viii) Construction or installation offeatures, measures, and road designs to calmtraffic and reduce vehicle speeds.'';(iv) by striking clause (xxvi) and insertingthe following:``(xxvi) Installation or upgrades of trafficcontrol devices for pedestrians and bicyclists,including pedestrian hybrid beacons and theaddition of bicycle movement phases to trafficsignals.''; and(v) by striking clauses (xxvii) and (xxviii)and inserting the following:``(xxvii) Roadway improvements that provideseparation between pedestrians and motor vehiclesor between bicyclists and motor vehicles,including medians, pedestrian crossing islands,protected bike lanes, and protected intersectionfeatures.[[Page 135 STAT. 476]]``(xxviii) A pedestrian security featuredesigned to slow or stop a motor vehicle.``(xxix) A physical infrastructure safetyproject not described in clauses (i) through(xxviii).'';(B) by redesignating paragraphs (9) through (12) asparagraphs (10), (12), (13), and (14), respectively;(C) by inserting after paragraph (8) the following:``(9) <>Safe system approach.--The term`safe system approach' means a roadway design--``(A) that emphasizes minimizing the risk of injuryor fatality to road users; and``(B) that--``(i) takes into consideration the possibilityand likelihood of human error;``(ii) accommodates human injury tolerance bytaking into consideration likely accident types,resulting impact forces, and the ability of thehuman body to withstand impact forces; and``(iii) takes into consideration vulnerableroad users.'';(D) by inserting after paragraph (10) (as soredesignated) the following:``(11) Specified safety project.--``(A) <>In general.--The term`specified safety project' means a project carried outfor the purpose of safety under any other section ofthis title that is consistent with the State strategichighway safety plan.``(B) Inclusion.--The term `specified safetyproject' includes a project that--``(i) promotes public awareness and informsthe public regarding highway safety matters(including safety for motorcyclists, bicyclists,pedestrians, individuals with disabilities, andother road users);``(ii) facilitates enforcement of trafficsafety laws;``(iii) provides infrastructure andinfrastructure-related equipment to supportemergency services;``(iv) conducts safety-related research toevaluate experimental safety countermeasures orequipment; or``(v) supports safe routes to schoolnoninfrastructure-related activities described insection 208(g)(2).'';(E) in paragraph (13) (as so redesignated)--(i) by redesignating subparagraphs (G), (H),and (I) as subparagraphs (H), (I), and (J),respectively; and(ii) by inserting after subparagraph (F) thefollowing;``(G) includes a vulnerable road user safetyassessment;''; and(F) <>by adding at the end thefollowing:``(15) Vulnerable road user.--The term `vulnerable roaduser' means a nonmotorist--``(A) with a fatality analysis reporting systemperson attribute code that is included in the definitionof the term `number of non-motorized fatalities' insection 490.205 of title 23, Code of Federal Regulations(or successor regulations); or[[Page 135 STAT. 477]]``(B) described in the term `number of non-motorizedserious injuries' in that section.``(16) Vulnerable road user safety assessment.--The term`vulnerable road user safety assessment' means an assessment ofthe safety performance of the State with respect to vulnerableroad users and the plan of the State to improve the safety ofvulnerable road users as described in subsection (l).'';(2) in subsection (c)--(A) in paragraph (1)(A), by striking ``subsections(a)(11)'' and inserting ``subsections (a)(13)''; and(B) in paragraph (2)--(i) in subparagraph (A)(vi), by inserting``and to differentiate the safety data forvulnerable road users, including bicyclists,motorcyclists, and pedestrians, from other roadusers'' after ``crashes'';(ii) in subparagraph (B)(i), by striking``(including motorcyclists), bicyclists,pedestrians,'' and inserting ``, vulnerable roadusers (including motorcyclists, bicyclists,pedestrians),''; and(iii) in subparagraph (D)--(I) in clause (iv), by striking``and'' at the end;(II) in clause (v), by striking thesemicolon at the end and inserting ``;and''; and(III) by adding at the end thefollowing:``(vi) improves the ability of the State todifferentiate the fatalities and serious injuriesof vulnerable road users, including bicyclists,motorcyclists, and pedestrians, from other roadusers;'';(3) in subsection (d)(2)(B)(i), by striking ``subsection(a)(11)'' and inserting ``subsection (a)(13)'';(4) in subsection (e), by adding at the end the following:``(3) Flexible funding for specified safety projects.--``(A) In general.--To advance the implementation ofa State strategic highway safety plan, a State may usenot more than 10 percent of the amounts apportioned tothe State under section 104(b)(3) for a fiscal year tocarry out specified safety projects.``(B) Rule of construction.--Nothing in thisparagraph requires a State to revise any State process,plan, or program in effect on the date of enactment ofthis paragraph.``(C) Effect of paragraph.--``(i) Requirements.--A project carried outunder this paragraph shall be subject to allrequirements under this section that apply to ahighway safety improvement project.``(ii) Other apportioned programs.--Nothing inthis paragraph prohibits the use of funds madeavailable under other provisions of this title fora specified safety project that is anoninfrastructure project.'';(5) in subsection (g), by adding at the end the following:``(3) <>Vulnerable road user safety.--If the total annual fatalities of vulnerable road users in aState represents not less than 15 percent of the total annualcrash fatalities in the State, that State shall be required toobligate not less than 15 percent of the amounts apportioned tothe State under[[Page 135 STAT. 478]]section 104(b)(3) for the following fiscal year for highwaysafety improvement projects to address the safety of vulnerableroad users.''; and(6) by adding at the end the following: ``(l) Vulnerable Road User Safety Assessment.--``(1) <>In general.--Not later than 2years after the date of enactment of this subsection, each Stateshall complete a vulnerable road user safety assessment.``(2) Contents.--A vulnerable road user safety assessmentunder paragraph (1) shall include--``(A) <>a quantitativeanalysis of vulnerable road user fatalities and seriousinjuries that--``(i) includes data such as location, roadwayfunctional classification, design speed, speedlimit, and time of day;``(ii) considers the demographics of thelocations of fatalities and serious injuries,including race, ethnicity, income, and age; and``(iii) based on the data, identifies areas as`high-risk' to vulnerable road users; and``(B) <>a program of projectsor strategies to reduce safety risks to vulnerable roadusers in areas identified as high-risk undersubparagraph (A)(iii).``(3) Use of data.--In carrying out a vulnerable road usersafety assessment under paragraph (1), a State shall use datafrom the most recent 5-year period for which data is available.``(4) Requirements.--In carrying out a vulnerable road usersafety assessment under paragraph (1), a State shall--``(A) take into consideration a safe systemapproach; and``(B) <>consult with localgovernments, metropolitan planning organizations, andregional transportation planning organizations thatrepresent a high-risk area identified under paragraph(2)(A)(iii).``(5) Update.--A State shall update the vulnerable road usersafety assessment of the State in accordance with the updatesrequired to the State strategic highway safety plan undersubsection (d).``(6) Requirement for transportation system access.--Theprogram of projects developed under paragraph (2)(B) may notdegrade transportation system access for vulnerable road users.``(7) Guidance.--``(A) <>In general.--Not laterthan 1 year after the date of enactment of thissubsection, the Secretary shall develop guidance forStates to carry out this subsection.``(B) Consultation.--In developing the guidanceunder this paragraph, the Secretary shall consult withthe States and relevant safety stakeholders.''. (b) <>High-risk Rural Roads.--(1) Study.--Not later than 2 years after the date ofenactment of this Act, the Secretary shall update the studyunder section 1112(b)(1) of MAP-21 (23 U.S.C. 148 note; PublicLaw 112-141).(2) <>Publication of report.--Notlater than 2 years after the date of enactment of this Act, theSecretary shall publish on the website of the Department ofTransportation an update[[Page 135 STAT. 479]]to the report described in section 1112(b)(2) of MAP-21 (23U.S.C. 148 note; Public Law 112-141).(3) Best practices manual.--Not later than 180 days afterthe date on which the report is published under paragraph (2),the Secretary shall update the best practices manual describedin section 1112(b)(3) of MAP-21 (23 U.S.C. 148 note; Public Law112-141).SEC. 11112. FEDERAL LANDS TRANSPORTATION PROGRAM. Section 203(a) of title 23, United States Code, is amended--(1) in paragraph (1)(D), by striking ``$10,000,000'' andinserting ``$20,000,000''; and(2) by adding at the end the following:``(6) Native plant materials.--In carrying out an activitydescribed in paragraph (1), the entity carrying out the activityshall consider, to the maximum extent practicable--``(A) the use of locally adapted native plantmaterials; and``(B) designs that minimize runoff and heatgeneration.''.SEC. 11113. FEDERAL LANDS ACCESS PROGRAM. (a) Federal Share.--Section 201 of title 23, United States Code, is amended--(1) in subsection (b)(7)(B), by striking ``determined inaccordance with section 120'', and inserting ``be up to 100percent''; and(2) in subsection (c)(8)(A), by striking ``5 percent'' andinserting ``20 percent''. (b) Federal Lands Access Program.--Section 204(a) of title 23, United States Code, is amended--(1) in paragraph (1)(A)--(A) in the matter preceding clause (i), by inserting``context-sensitive solutions,'' after ``restoration,'';(B) in clause (i), by inserting ``, includinginterpretive panels in or adjacent to those areas''after ``areas'';(C) in clause (v), by striking ``and'' at the end;(D) by redesignating clause (vi) as clause (ix); and(E) by inserting after clause (v) the following:``(vi) contextual wayfinding markers;``(vii) landscaping;``(viii) cooperative mitigation of visualblight, including screening or removal; and''; and(2) by adding at the end the following:``(6) Native plant materials.--In carrying out an activitydescribed in paragraph (1), the Secretary shall ensure that theentity carrying out the activity considers, to the maximumextent practicable--``(A) the use of locally adapted native plantmaterials; and``(B) designs that minimize runoff and heatgeneration.''.SEC. 11114. NATIONAL HIGHWAY FREIGHT PROGRAM. Section 167 of title 23, United States Code, is amended--(1) in subsection (e)--(A) in paragraph (2), by striking ``150 miles'' andinserting ``300 miles''; and[[Page 135 STAT. 480]](B) by adding at the end the following:``(3) Rural states.--Notwithstanding paragraph (2), a Statewith a population per square mile of area that is less than thenational average, based on the 2010 census, may designate ascritical rural freight corridors a maximum of 600 miles ofhighway or 25 percent of the primary highway freight systemmileage in the State, whichever is greater.'';(2) in subsection (f)(4), by striking ``75 miles'' andinserting ``150 miles''; and(3) in subsection (i)(5)(B)--(A) in the matter preceding clause (i), by striking``10 percent'' and inserting ``30 percent'';(B) in clause (i), by striking ``and'' at the end;(C) in clause (ii), by striking the period at theend and inserting a semicolon; and(D) <>by adding at the endthe following:``(iii) for the modernization orrehabilitation of a lock and dam, if the Secretarydetermines that the project--``(I) is functionally connected tothe National Highway Freight Network;and``(II) is likely to reduce on-roadmobile source emissions; and``(iv) on a marine highway corridor,connector, or crossing designated by the Secretaryunder section 55601(c) of title 46 (including aninland waterway corridor, connector, or crossing),if the Secretary determines that the project--``(I) is functionally connected tothe National Highway Freight Network;and``(II) is likely to reduce on-roadmobile source emissions.''.SEC. 11115. CONGESTION MITIGATION AND AIR QUALITY IMPROVEMENTPROGRAM. Section 149 of title 23, United States Code, is amended--(1) in subsection (b)--(A) in the matter preceding paragraph (1), bystriking ``subsection (d)'' and inserting ``subsections(d) and (m)(1)(B)(ii)''(B) in paragraph (7), by inserting ``sharedmicromobility (including bikesharing and shared scootersystems),'' after ``carsharing,'';(C) in paragraph (8)--(i) in subparagraph (A)--(I) in the matter preceding clause(i), by inserting ``replacements or''before ``retrofits'';(II) by striking clause (i) andinserting the following:``(i) verified technologies (as defined insection 791 of the Energy Policy Act of 2005 (42U.S.C. 16131)) for motor vehicles (as defined insection 216 of the Clean Air Act (42 U.S.C.7550)); or''; and(III) in clause (ii)(II), bystriking ``or'' at the end; and(ii) in subparagraph (B), by inserting``replacements or'' before ``retrofits''; and[[Page 135 STAT. 481]](iii) by adding at the end the following:``(C) the purchase of medium- or heavy-duty zeroemission vehicles and related charging equipment;'';(D) in paragraph (9), by striking the period at theend and inserting a semicolon; and(E) <>by adding at the endthe following:``(10) if the project is for the modernization orrehabilitation of a lock and dam that--``(A) is functionally connected to the Federal-aidhighway system; and``(B) the Secretary determines is likely tocontribute to the attainment or maintenance of anational ambient air quality standard; or``(11) if the project is on a marine highway corridor,connector, or crossing designated by the Secretary under section55601(c) of title 46 (including an inland waterway corridor,connector, or crossing) that--``(A) is functionally connected to the Federal-aidhighway system; and``(B) the Secretary determines is likely tocontribute to the attainment or maintenance of anational ambient air quality standard.'';(2) in subsection (c), by adding at the end the following:``(4) Locks and dams; marine highways.--For each fiscalyear, a State may not obligate more than 10 percent of the fundsapportioned to the State under section 104(b)(4) for projectsdescribed in paragraphs (10) and (11) of subsection (b).'';(3) in subsection (f)(4)(A), by inserting ``and nonroadvehicles and nonroad engines used in construction projects orport-related freight operations'' after ``motor vehicles'';(4) in subsection (g)--(A) in paragraph (1)(B)--(i) in the subparagraph heading, by inserting``replacement or'' before ``retrofit'';(ii) by striking ``The term `diesel retrofit''' and inserting ``The term `diesel replacement orretrofit' ''; and(iii) by inserting ``or retrofit'' after``replacement'';(B) in paragraph (2), in the matter precedingsubparagraph (A), by inserting ``replacement or'' before``retrofit''; and(C) in paragraph (3), by inserting ``replacementsor'' before ``retrofits'';(5) in subsection (k)(1), by striking ``that reduce suchfine particulate matter emissions in such area, including dieselretrofits.'' and inserting ``that--``(A) reduce such fine particulate matter emissionsin such area, including diesel replacements orretrofits; and``(B) to the extent practicable, prioritize benefitsto disadvantaged communities or low-income populationsliving in, or immediately adjacent to, such area.'';(6) in subsection (l), by adding at the following:``(3) Assistance to metropolitan planning organizations.--[[Page 135 STAT. 482]]``(A) In general.--On the request of a metropolitanplanning organization, the Secretary may assist themetropolitan planning organization tracking progressmade in minority or low-income populations as part of aperformance plan under this subsection.``(B) Savings provision.--Nothing in this paragraphprovides the Secretary the authority--``(i) to change the performance measures undersection 150(c)(5) or the performance targetsestablished under section 134(h)(2) or 150(d); or``(ii) to establish any other Federalrequirement.''; and(7) by striking subsection (m) and inserting the following: ``(m) Operating Assistance.--``(1) In general.--A State may obligate funds apportionedunder section 104(b)(4) in an area of the State that isotherwise eligible for obligations of such funds for operatingcosts--``(A) under chapter 53 of title 49; or``(B) on--``(i) a system for which CMAQ funding waseligible, made available, obligated, or expendedin fiscal year 2012; or``(ii) a State-supported Amtrak route with avalid cost-sharing agreement under section 209 ofthe Passenger Rail Investment and Improvement Actof 2008 (49 U.S.C. 24101 note; Public Law 110-432)and no current nonattainment areas undersubsection (d).``(2) No time limitation.--Operating assistance providedunder paragraph (1) shall have no imposed time limitation if theoperating assistance is for--``(A) a route described in subparagraph (B) of thatparagraph; or``(B) a transit system that is located in--``(i) a non-urbanized area; or``(ii) an urbanized area with a population of200,000 or fewer.''.SEC. 11116. ALASKA HIGHWAY. Section 218 of title 23, United States Code, is amended to read as follows:``Sec. 218. <>Alaska Highway ``(a) Recognizing the benefits that will accrue to the State of Alaska and to the United States from the reconstruction of the Alaska Highway from the Alaskan border at Beaver Creek, Yukon Territory, to Haines Junction in Canada and the Haines Cutoff Highway from Haines Junction in Canada to Haines, Alaska, the Secretary may provide for the necessary reconstruction of the highway using funds awarded through an applicable competitive grant program, if the highway meets all applicable eligibility requirements for the program, except for the specific requirements established by the agreement for the Alaska Highway Project between the Government of the United States and the Government of Canada. In addition to the funds described in the previous sentence, notwithstanding any other provision of law and on agreement with the State of Alaska, the Secretary is authorized to expend on such highway or the Alaska Marine Highway System[[Page 135 STAT. 483]]any Federal-aid highway funds apportioned to the State of Alaska under this title at a Federal share of 100 per centum. No expenditures shall be made for the construction of the portion of such highways that are in Canada unless an agreement is in place between the Government of Canada and the Government of the United States (including an agreement in existence on the date of enactment of the Surface Transportation Reauthorization Act of 2021) that provides, in part, that the Canadian Government--``(1) will provide, without participation of fundsauthorized under this title, all necessary right-of-way for thereconstruction of such highways;``(2) will not impose any highway toll, or permit any suchtoll to be charged for the use of such highways by vehicles orpersons;``(3) will not levy or assess, directly or indirectly, anyfee, tax, or other charge for the use of such highways byvehicles or persons from the United States that does not applyequally to vehicles or persons of Canada;``(4) will continue to grant reciprocal recognition ofvehicle registration and driver's licenses in accordance withagreements between the United States and Canada; and``(5) will maintain such highways after their completion inproper condition adequately to serve the needs of present andfuture traffic. ``(b) The survey and construction work undertaken in Canada pursuant to this section shall be under the general supervision of the Secretary. ``(c) <>For purposes of this section, the term `Alaska Marine Highway System' includes all existing or planned transportation facilities and equipment in Alaska, including the lease, purchase, or construction of vessels, terminals, docks, floats, ramps, staging areas, parking lots, bridges and approaches thereto, and necessary roads. ``(d) Notwithstanding any other provision of law, a project assisted under this section in the State of Alaska shall be treated as a project on a Federal-aid highway under chapter 1.''.SEC. 11117. TOLL ROADS, BRIDGES, TUNNELS, AND FERRIES. (a) In General.--Section 129(c) of title 23, United States Code, is amended in the matter preceding paragraph (1) by striking ``the construction of ferry boats and ferry terminal facilities, whether toll or free,'' and inserting ``the construction of ferry boats and ferry terminal facilities (including ferry maintenance facilities), whether toll or free, and the procurement of transit vehicles used exclusively as an integral part of an intermodal ferry trip,''. (b) <>Diesel Fuel Ferry Vessels.--(1) <>In general.--Notwithstandingsection 147(b), in the case of a project to replace or retrofita diesel fuel ferry vessel that provides substantial emissionsreductions, the Federal share of the cost of the project may beup to 85 percent, as determined by the State.(2) Sunset.--The authority provided by paragraph (1) shallterminate on September 30, 2025.SEC. 11118. BRIDGE INVESTMENT PROGRAM. (a) In General.--Chapter 1 of title 23, United States Code, is amended by inserting after section 123 the following:[[Page 135 STAT. 484]]``Sec. 124. <>Bridge investmentprogram ``(a) Definitions.--In this section:``(1) Eligible project.--``(A) In general.--The term `eligible project' meansa project to replace, rehabilitate, preserve, or protect1 or more bridges on the National Bridge Inventory undersection 144(b).``(B) Inclusions.--The term `eligible project'includes--``(i) a bundle of projects described insubparagraph (A), regardless of whether the bundleof projects meets the requirements of section144(j)(5); and``(ii) a project to replace or rehabilitateculverts for the purpose of improving floodcontrol and improved habitat connectivity foraquatic species.``(2) Large project.--The term `large project' means aneligible project with total eligible project costs of greaterthan $100,000,000.``(3) Program.--The term `program' means the bridgeinvestment program established by subsection (b)(1). ``(b) Establishment of Bridge Investment Program.--``(1) In general.--There is established a bridge investmentprogram to provide financial assistance for eligible projectsunder this section.``(2) Goals.--The goals of the program shall be--``(A) to improve the safety, efficiency, andreliability of the movement of people and freight overbridges;``(B) to improve the condition of bridges in theUnited States by reducing--``(i) the number of bridges--``(I) in poor condition; or``(II) in fair condition and at riskof falling into poor condition withinthe next 3 years;``(ii) the total person miles traveled overbridges--``(I) in poor condition; or``(II) in fair condition and at riskof falling into poor condition withinthe next 3 years;``(iii) the number of bridges that--``(I) do not meet current geometricdesign standards; or``(II) cannot meet the load andtraffic requirements typical of theregional transportation network; and``(iv) the total person miles traveled overbridges that--``(I) do not meet current geometricdesign standards; or``(II) cannot meet the load andtraffic requirements typical of theregional transportation network; and``(C) to provide financial assistance that leveragesand encourages non-Federal contributions from sponsorsand stakeholders involved in the planning, design, andconstruction of eligible projects. ``(c) Grant Authority.--``(1) In general.--In carrying out the program, theSecretary may award grants, on a competitive basis, inaccordance with this section.[[Page 135 STAT. 485]]``(2) Grant amounts.--Except as otherwise provided, a grantunder the program shall be--``(A) in the case of a large project, in an amountthat is--``(i) adequate to fully fund the project (incombination with other financial resourcesidentified in the application); and``(ii) not less than $50,000,000; and``(B) in the case of any other eligible project, inan amount that is--``(i) adequate to fully fund the project (incombination with other financial resourcesidentified in the application); and``(ii) not less than $2,500,000.``(3) Maximum amount.--Except as otherwise provided, for aneligible project receiving assistance under the program, theamount of assistance provided by the Secretary under thissection, as a share of eligible project costs, shall be--``(A) in the case of a large project, not more than50 percent; and``(B) in the case of any other eligible project, notmore than 80 percent.``(4) Federal share.--``(A) Maximum federal involvement.--Federalassistance other than a grant under the program may beused to satisfy the non-Federal share of the cost of aproject for which a grant is made, except that the totalFederal assistance provided for a project receiving agrant under the program may not exceed the Federal sharefor the project under section 120.``(B) Off-system bridges.--In the case of aneligible project for an off-system bridge (as defined insection 133(f)(1))--``(i) Federal assistance other than a grantunder the program may be used to satisfy the non- Federal share of the cost of a project; and``(ii) notwithstanding subparagraph (A), thetotal Federal assistance provided for the projectshall not exceed 90 percent of the total eligibleproject costs.``(C) Federal land management agencies and tribalgovernments.--Notwithstanding any other provision oflaw, Federal funds other than Federal funds madeavailable under this section may be used to pay theremaining share of the cost of a project under theprogram by a Federal land management agency or a Tribalgovernment or consortium of Tribal governments.``(5) Considerations.--``(A) In general.--In awarding grants under theprogram, the Secretary shall consider--``(i) in the case of a large project, theratings assigned under subsection (g)(5)(A);``(ii) in the case of an eligible projectother than a large project, the quality ratingassigned under subsection (f)(3)(A)(ii);``(iii) the average daily person and freightthroughput supported by the eligible project;[[Page 135 STAT. 486]]``(iv) the number and percentage of bridgeswithin the same State as the eligible project thatare in poor condition;``(v) the extent to which the eligible projectdemonstrates cost savings by bundling multiplebridge projects;``(vi) in the case of an eligible project of aFederal land management agency, the extent towhich the grant would reduce a Federal liabilityor Federal infrastructure maintenance backlog;``(vii) geographic diversity among grantrecipients, including the need for a balancebetween the needs of rural and urban communities;and``(viii) the extent to which a bridge thatwould be assisted with a grant--``(I) is, without that assistance--``(aa) at risk of fallinginto or remaining in poorcondition; or``(bb) in fair condition andat risk of falling into poorcondition within the next 3years;``(II) does not meet currentgeometric design standards based on--``(aa) the current use ofthe bridge; or``(bb) load and trafficrequirements typical of theregional corridor or localnetwork in which the bridge islocated; or``(III) does not meet currentseismic design standards.``(B) Requirement.--The Secretary shall--``(i) give priority to an application for aneligible project that is located within a Statefor which--``(I) 2 or more applications foreligible projects within the State weresubmitted for the current fiscal yearand an average of 2 or more applicationsfor eligible projects within the Statewere submitted in prior fiscal years ofthe program; and``(II) fewer than 2 grants have beenawarded for eligible projects within theState under the program;``(ii) <>during theperiod of fiscal years 2022 through 2026, for eachState described in clause (i), select--``(I) not fewer than 1 large projectthat the Secretary determines isjustified under the evaluation undersubsection (g)(4); or``(II) 2 eligible projects that arenot large projects that the Secretarydetermines are justified under theevaluation under subsection (f)(3); and``(iii) not be required to award a grant foran eligible project that the Secretary does notdetermine is justified under an evaluation undersubsection (f)(3) or (g)(4).``(6) Culvert limitation.--Not more than 5 percent of theamounts made available for each fiscal year for grants under theprogram may be used for eligible projects that consist solely ofculvert replacement or rehabilitation. ``(d) Eligible Entity.--The Secretary may make a grant under the program to any of the following:[[Page 135 STAT. 487]]``(1) A State or a group of States.``(2) A metropolitan planning organization that serves anurbanized area (as designated by the Bureau of the Census) witha population of over 200,000.``(3) A unit of local government or a group of localgovernments.``(4) A political subdivision of a State or localgovernment.``(5) A special purpose district or public authority with atransportation function.``(6) A Federal land management agency.``(7) A Tribal government or a consortium of Tribalgovernments.``(8) A multistate or multijurisdictional group of entitiesdescribed 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 largeproject, the Secretary recommends for funding in the annualreport on funding recommendations under subsection (g)(6),except as provided in subsection (g)(1)(B);``(2) <>is reasonably expected to beginconstruction not later than 18 months after the date on whichfunds 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.--TheSecretary shall--``(i) for the first fiscal year for whichfunds are made available for obligation under theprogram, not later than 60 days after the date onwhich the template under subparagraph (B)(i) isdeveloped, and in subsequent fiscal years, notlater than 60 days after the date on which amountsare made available for obligation under theprogram, solicit grant applications for eligibleprojects other than large projects; and``(ii) not later than 120 days after the dateon 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 useto summarize project needs and benefits, includingbenefits described in paragraph (3)(B)(i); and``(ii) enable applicants to use data from theNational Bridge Inventory under section 144(b) topopulate templates described in clause (i), asapplicable.``(2) Applications.--An eligible entity shall submit to theSecretary an application at such time, in such manner, andcontaining such information as the Secretary may require.``(3) Evaluation.--``(A) In general.--Prior to providing a grant underthis subsection, the Secretary shall--[[Page 135 STAT. 488]]``(i) conduct an evaluation of each eligibleproject for which an application is received underthis subsection; and``(ii) assign a quality rating to the eligibleproject on the basis of the evaluation underclause (i).``(B) Requirements.--In carrying out an evaluationunder subparagraph (A), the Secretary shall--``(i) <>considerinformation on project benefits submitted by theapplicant using the template developed underparagraph (1)(B)(i), including whether the projectwill generate, as determined by the Secretary--``(I) costs avoided by theprevention of closure or reduced use ofthe bridge to be improved by theproject;``(II) in the case of a bundle ofprojects, benefits from executing theprojects as a bundle compared to asindividual projects;``(III) safety benefits, includingthe reduction of accidents and relatedcosts;``(IV) person and freight mobilitybenefits, including congestion reductionand reliability improvements;``(V) national or regional economicbenefits;``(VI) benefits from long-termresiliency to extreme weather events,flooding, or other natural disasters;``(VII) benefits from protection (asdescribed in section 133(b)(10)),including improving seismic or scourprotection;``(VIII) environmental benefits,including wildlife connectivity;``(IX) benefits to nonvehicular andpublic transportation users;``(X) benefits of using--``(aa) innovative design andconstruction techniques; or``(bb) innovativetechnologies; or``(XI) reductions in maintenancecosts, including, in the case of afederally-owned bridge, cost savings tothe Federal budget; and``(ii) consider whether and the extent towhich the benefits, including the benefitsdescribed in clause (i), are more likely than notto outweigh the total project costs. ``(g) Competitive Process, Evaluation, and Annual Report for Large Projects.--``(1) In general.--``(A) Applications.--The Secretary shall establishan annual date by which an eligible entity submitting anapplication for a large project shall submit to theSecretary such information as the Secretary may require,including information described in paragraph (2), inorder for a large project to be considered for arecommendation by the Secretary for funding in the nextannual report under paragraph (6).``(B) First fiscal year.--Notwithstandingsubparagraph (A), for the first fiscal year for whichfunds are[[Page 135 STAT. 489]] made available for obligation for grants under theprogram, the Secretary may establish a date by which aneligible entity submitting an application for a largeproject shall submit to the Secretary such informationas the Secretary may require, including informationdescribed in paragraph (2), in order for a large projectto be considered for immediate execution of a grantagreement.``(2) Information required.--The information referred to inparagraph (1) includes--``(A) all necessary information required for theSecretary to evaluate the large project; and``(B) <>informationsufficient for the Secretary to determine that--``(i) the large project meets the applicablerequirements under this section; and``(ii) there is a reasonable likelihood thatthe large project will continue to meet therequirements under this section.``(3) Determination; notice.--On making a determination thatinformation submitted to the Secretary under paragraph (1) issufficient, the Secretary shall provide a written notice of thatdetermination to--``(A) the eligible entity that submitted theapplication;``(B) the Committee on Environment and Public Worksof the Senate; and``(C) the Committee on Transportation andInfrastructure of the House of Representatives.``(4) <> Evaluation.--The Secretary may recommend a large project forfunding in the annual report under paragraph (6), or, in thecase of the first fiscal year for which funds are made availablefor obligation for grants under the program, immediately executea grant agreement for a large project, only if the Secretaryevaluates the proposed project and determines that the projectis justified because the project--``(A) <>addresses a need toimprove the condition of the bridge, as determined bythe Secretary, consistent with the goals of the programunder subsection (b)(2);``(B) <>will generate, asdetermined by the Secretary--``(i) costs avoided by the prevention ofclosure or reduced use of the bridge to beimproved by the project;``(ii) in the case of a bundle of projects,benefits from executing the projects as a bundlecompared to as individual projects;``(iii) safety benefits, including thereduction of accidents and related costs;``(iv) person and freight mobility benefits,including congestion reduction and reliabilityimprovements;``(v) national or regional economic benefits;``(vi) benefits from long-term resiliency toextreme weather events, flooding, or other naturaldisasters;``(vii) benefits from protection (as describedin section 133(b)(10)), including improvingseismic or scour protection;``(viii) environmental benefits, includingwildlife connectivity;``(ix) benefits to nonvehicular and publictransportation users;[[Page 135 STAT. 490]]``(x) benefits of using--``(I) innovative design andconstruction techniques; or``(II) innovative technologies; or``(xi) reductions in maintenance costs,including, in the case of a federally-ownedbridge, cost savings to the Federal budget;``(C) <>is cost effective basedon an analysis of whether the benefits and avoided costsdescribed in subparagraph (B) are expected to outweighthe project costs;``(D) is supported by other Federal or non-Federalfinancial commitments or revenues adequate to fundongoing maintenance and preservation; and``(E) is consistent with the objectives of anapplicable asset management plan of the project sponsor,including a State asset management plan under section119(e) in the case of a project on the National HighwaySystem that is sponsored by a State.``(5) Ratings.--``(A) In general.--The Secretary shall develop amethodology 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') foreach of--``(i) paragraph (4)(B);``(ii) paragraph (4)(C); and``(iii) paragraph (4)(D).``(B) Requirement.--To be considered justified andreceive a recommendation for funding in the annualreport under paragraph (6), a project shall receive arating of not less than `medium' for each ratingrequired under subparagraph (A).``(C) Interim methodology.--In the first fiscal yearfor which funds are made available for obligation forgrants under the program, the Secretary may establish aninterim methodology to evaluate and rate a large projectfor each of--``(i) paragraph (4)(B);``(ii) paragraph (4)(C); and``(iii) paragraph (4)(D).``(6) Annual report on funding recommendations for largeprojects.--``(A) In general.--Not later than the first Mondayin February of each year, the Secretary shall submit tothe Committees on Transportation and Infrastructure andAppropriations of the House of Representatives and theCommittees on Environment and Public Works andAppropriations of the Senate a report that includes--``(i) <>a list of largeprojects that have requested a recommendation forfunding under a new grant agreement from fundsanticipated to be available to carry out thissubsection in the next fiscal year;``(ii) the evaluation under paragraph (4) andratings under paragraph (5) for each projectreferred to in clause (i);``(iii) <>the grant amountsthat the Secretary recommends providing to largeprojects in the next fiscal year, including--[[Page 135 STAT. 491]]``(I) scheduled payments underpreviously signed multiyear grantagreements under subsection (j);``(II) payments for new grantagreements, including single-year grantagreements and multiyear grantagreements; and``(III) a description of how amountsanticipated to be available for theprogram from the Highway Trust Fund forthat fiscal year will be distributed;and``(iv) <>for eachproject for which the Secretary recommends a newmultiyear grant agreement under subsection (j),the proposed payout schedule for the project.``(B) Limitations.--``(i) <>In general.-- The Secretary shall not recommend in an annualreport under this paragraph a new multiyear grantagreement provided from funds from the HighwayTrust Fund unless the Secretary determines thatthe project can be completed using funds that areanticipated to be available from the Highway TrustFund in future fiscal years.``(ii) General fund projects.--The Secretary--``(I) may recommend for funding inan annual report under this paragraph alarge project using funds from thegeneral fund of the Treasury; but``(II) shall not execute a grantagreement for that project unless--``(aa) funds other than fromthe Highway Trust Fund have beenmade available for the project;and``(bb) <>the Secretary determines thatthe project can be completedusing funds other than from theHighway Trust Fund that areanticipated to be available infuture fiscal years.``(C) Considerations.--In selecting projects torecommend for funding in the annual report under thisparagraph, or, in the case of the first fiscal year forwhich funds are made available for obligation for grantsunder the program, projects for immediate execution of agrant agreement, the Secretary shall--``(i) consider the amount of funds availablein future fiscal years for multiyear grantagreements as described in subparagraph (B); and``(ii) assume the availability of funds infuture fiscal years for multiyear grant agreementsthat extend beyond the period of authorizationbased on the amount made available for largeprojects under the program in the last fiscal yearof the period of authorization.``(D) Project diversity.--In selecting projects torecommend for funding in the annual report under thisparagraph, the Secretary shall ensure diversity amongprojects recommended based on--``(i) the amount of the grant requested; and``(ii) grants for an eligible project for 1bridge compared to an eligible project that is abundle of projects.[[Page 135 STAT. 492]] ``(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 otherpreconstruction activities;``(2) construction, reconstruction, rehabilitation,acquisition of real property (including land related to theproject and improvements to the land), environmental mitigation,construction contingencies, acquisition of equipment, andoperational improvements directly related to improving systemperformance; and``(3) expenses related to the protection (as described insection 133(b)(10)) of a bridge, including seismic or scourprotection. ``(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 grantunder the program in an amount of not less than $100,000,000 maybe carried out through a multiyear grant agreement in accordancewith this subsection.``(2) Requirements.--A multiyear grant agreement for a largeproject described in paragraph (1) shall--``(A) establish the terms of participation by theFederal Government in the project;``(B) establish the maximum amount of Federalfinancial assistance for the project in accordance withparagraphs (3) and (4) of subsection (c);``(C) <>establish apayout schedule for the project that provides fordisbursement of the full grant amount by not later than4 fiscal years after the fiscal year in which theinitial amount is provided;``(D) <>determine the periodof time for completing the project, even if that periodextends beyond the period of an authorization; and``(E) attempt to improve timely and efficientmanagement of the project, consistent with allapplicable Federal laws (including regulations).``(3) Special financial rules.--``(A) In general.--A multiyear grant agreement underthis subsection--``(i) shall obligate an amount of availablebudget authority specified in law; and``(ii) may include a commitment, contingent onamounts to be specified in law in advance forcommitments under this paragraph, to obligate anadditional amount from future available budgetauthority specified in law.``(B) Statement of contingent commitment.--Theagreement shall state that the contingent commitment isnot an obligation of the Federal Government.``(C) Interest and other financing costs.--[[Page 135 STAT. 493]]``(i) In general.--Interest and otherfinancing costs of carrying out a part of theproject within a reasonable time shall beconsidered a cost of carrying out the projectunder a multiyear grant agreement, except thateligible costs may not be more than the cost ofthe most favorable financing terms reasonablyavailable for the project at the time ofborrowing.``(ii) Certification.--The applicant shallcertify to the Secretary that the applicant hasshown reasonable diligence in seeking the mostfavorable financing terms.``(4) Advance payment.--Notwithstanding any other provisionof law, an eligible entity carrying out a large project under amultiyear grant agreement--``(A) may use funds made available to the eligibleentity under this title for eligible project costs ofthe large project until the amount specified in themultiyear grant agreement for the project for thatfiscal year becomes available for obligation; and``(B) <>if the eligibleentity uses funds as described in subparagraph (A), thefunds used shall be reimbursed from the amount madeavailable under the multiyear grant agreement for theproject. ``(k) Undertaking Parts of Projects in Advance Under Letters of No Prejudice.--``(1) In general.--The Secretary may pay to an applicant alleligible project costs under the program, including costs for anactivity for an eligible project incurred prior to the date onwhich the project receives funding under the program if--``(A) <>before theapplicant carries out the activity, the Secretaryapproves through a letter to the applicant the activityin the same manner as the Secretary approves otheractivities as eligible under the program;``(B) <>a record of decision, afinding of no significant impact, or a categoricalexclusion under the National Environmental Policy Act of1969 (42 U.S.C. 4321 et seq.) has been issued for theeligible project; and``(C) the activity is carried out without Federalassistance and in accordance with all applicableprocedures 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 eligibleproject includes the amount of interest and otherfinancing costs, including any interest earned andpayable on bonds, to the extent interest and otherfinancing costs are expended in carrying out theactivity for the eligible project, except that interestand other financing costs may not be more than the costof the most favorable financing terms reasonablyavailable for the eligible project at the time ofborrowing.``(B) Certification.--The applicant shall certify tothe Secretary that the applicant has shown reasonablediligence in seeking the most favorable financing termsunder subparagraph (A).[[Page 135 STAT. 494]]``(3) No obligation or influence on recommendations.--Anapproval by the Secretary under paragraph (1)(A) shall not--``(A) constitute an obligation of the FederalGovernment; or``(B) alter or influence any evaluation undersubsection (f)(3)(A)(i) or (g)(4) or any recommendationby the Secretary for funding under the program. ``(l) Federally-owned Bridges.--``(1) Divestiture consideration.--In the case of a bridgeowned by a Federal land management agency for which that agencyapplies for a grant under the program, the agency--``(A) shall consider options to divest the bridge toa State or local entity after completion of the project;and``(B) may apply jointly with the State or localentity to which the bridge may be divested.``(2) <>Treatment.--Notwithstandingany other provision of law, section 129 shall apply to a bridgethat was previously owned by a Federal land management agencyand has been transferred to a non-Federal entity under paragraph(1) in the same manner as if the bridge was never federallyowned. ``(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 justificationfor the eligible project; and``(2) the amount of the proposed grant. ``(o) Reports.--``(1) <>Annual report.--Not later thanAugust 1 of each fiscal year, the Secretary shall make availableon the website of the Department of Transportation an annualreport that lists each eligible project for which a grant hasbeen provided under the program during the fiscal year.``(2) GAO assessment and report.--Not later than 3 yearsafter the date of enactment of the Surface TransportationReauthorization Act of 2021, the Comptroller General of theUnited States shall--``(A) conduct an assessment of the administrativeestablishment, solicitation, selection, andjustification process with respect to the funding ofgrants under the program; and``(B) submit to the Committee on Transportation andInfrastructure of the House of Representatives and theCommittee on Environment and Public Works of the Senatea report that describes--``(i) the adequacy and fairness of the processunder which each eligible project that received agrant under the program was selected; and``(ii) the justification and criteria used forthe selection of each eligible project. ``(p) Limitation.--[[Page 135 STAT. 495]]``(1) Large projects.--Of the amounts made available out ofthe Highway Trust Fund (other than the Mass Transit Account) tocarry out this section for each of fiscal years 2022 through2026, not less than 50 percent, in aggregate, shall be used forlarge projects.``(2) <>Unutilized amounts.--If, infiscal year 2026, the Secretary determines that grants under theprogram will not allow for the requirement under paragraph (1)to be met, the Secretary shall use the unutilized amounts tomake 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 theHighway Trust Fund (other than the Mass Transit Account) for afiscal 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 madeavailable for section 202(d) under paragraph (1) shall beconsidered to be part of the tribal transportation program.''. (b) Clerical Amendment.--The analysis for chapter 1 of title 23, United States Code, <>is amended by inserting after the item relating to section 123 the following:``124. Bridge investment program.''.SEC. 11119. SAFE ROUTES TO SCHOOL. (a) In General.--Chapter 2 of title 23, United States Code, is amended by inserting after section 207 the following:``Sec. 208. <>Safe routes to school ``(a) Definitions.--In this section:``(1) In the vicinity of schools.--The term `in the vicinityof schools', with respect to a school, means the approximately2-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 fromkindergarten 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 withdisabilities, to walk and bicycle to school;``(2) to make bicycling and walking to school a safer andmore appealing transportation alternative, thereby encouraging ahealthy and active lifestyle from an early age; and``(3) to facilitate the planning, development, andimplementation of projects and activities that will improvesafety and reduce traffic, fuel consumption, and air pollutionin the vicinity of schools. ``(d) Apportionment of Funds.--[[Page 135 STAT. 496]]``(1) In general.--Subject to paragraphs (2), (3), and (4),amounts made available to carry out this section for a fiscalyear shall be apportioned among the States so that each Statereceives 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 anapportionment under this section for a fiscal year of less than$1,000,000.``(3) Set-aside for administrative expenses.--Beforeapportioning under this subsection amounts made available tocarry out this section for a fiscal year, the Secretary shallset aside not more than $3,000,000 of those amounts for theadministrative expenses of the Secretary in carrying out thissection.``(4) Determination of student enrollments.--Determinationsunder this subsection relating to student enrollments shall bemade 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 Stateunder this section may be used for the planning, design,and construction of infrastructure-related projects thatwill substantially improve the ability of students towalk and bicycle to school, including sidewalkimprovements, traffic calming and speed reductionimprovements, pedestrian and bicycle crossingimprovements, on-street bicycle facilities, off-streetbicycle and pedestrian facilities, secure bicycleparking facilities, and traffic diversion improvementsin the vicinity of schools.``(B) Location of projects.--Infrastructure-relatedprojects under subparagraph (A) may be carried out onany public road or any bicycle or pedestrian pathway ortrail in the vicinity of schools.``(2) Noninfrastructure-related activities.--``(A) In general.--In addition to projects describedin paragraph (1), amounts apportioned to a State underthis section may be used for noninfrastructure-relatedactivities to encourage walking and bicycling to school,including public awareness campaigns and outreach topress and community leaders, traffic education andenforcement in the vicinity of schools, student sessionson bicycle and pedestrian safety, health, andenvironment, and funding for training, volunteers, andmanagers of safe routes to school programs.``(B) Allocation.--Not less than 10 percent and notmore than 30 percent of the amount apportioned to a[[Page 135 STAT. 497]] State under this section for a fiscal year shall be usedfor noninfrastructure-related activities under thisparagraph.``(3) Safe routes to school coordinator.--Each State shalluse a sufficient amount of the apportionment of the State foreach fiscal year to fund a full-time position of coordinator ofthe safe routes to school program of the State. ``(h) Clearinghouse.--``(1) <>In general.--The Secretary shallmake grants to a national nonprofit organization engaged inpromoting safe routes to schools--``(A) to operate a national safe routes to schoolclearinghouse;``(B) to develop information and educationalprograms on safe routes to school; and``(C) to provide technical assistance anddisseminate techniques and strategies used forsuccessful safe routes to school programs.``(2) Funding.--The Secretary shall carry out thissubsection using amounts set aside for administrative expensesunder 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.''. (b) Conforming Amendments.--(1) The analysis for chapter 2 of title 23, United StatesCode, <>is amended by inserting afterthe item relating to section 207 the following:``208. Safe routes to school.''.(2) <>Section 1404 of SAFETEA-LU (23 U.S.C.402 note; Public Law 109-59) is repealed.(3) The table of contents in section 1(b) of SAFETEA-LU(Public Law 109-59; 119 Stat. 1144) is amended by striking theitem relating to section 1404.SEC. 11120. HIGHWAY USE TAX EVASION PROJECTS. Section 143(b)(2)(A) of title 23, United States Code, is amended by striking ``fiscal years 2016 through 2020'' and inserting ``fiscal years 2022 through 2026''.SEC. 11121. CONSTRUCTION OF FERRY BOATS AND FERRY TERMINALFACILITIES. Section 147 of title 23, United States Code, is amended by striking subsection (h) and inserting the following: ``(h) Authorization of Appropriations.--There are authorized to be appropriated out of the Highway Trust Fund (other than the Mass Transit Account) to carry out this section--``(1) $110,000,000 for fiscal year 2022;``(2) $112,000,000 for fiscal year 2023;``(3) $114,000,000 for fiscal year 2024;``(4) $116,000,000 for fiscal year 2025; and``(5) $118,000,000 for fiscal year 2026.''.SEC. 11122. <>VULNERABLE ROAD USERRESEARCH. (a) Definitions.--In this subsection:[[Page 135 STAT. 498]](1) Administrator.--The term ``Administrator'' means theSecretary, acting through the Administrator of the FederalHighway Administration.(2) Vulnerable road user.--The term ``vulnerable road user''has the meaning given the term in section 148(a) of title 23,United States Code. (b) Establishment of Research Plan.--The Administrator shall establish a research plan to prioritize research on roadway designs, the development of safety countermeasures to minimize fatalities and serious injuries to vulnerable road users, and the promotion of bicycling and walking, including research relating to--(1) roadway safety improvements, including traffic calmingtechniques and vulnerable road user accommodations appropriatein a suburban arterial context;(2) the impacts of traffic speeds, and access to low-trafficstress corridors, on safety and rates of bicycling and walking;(3) <>tools to evaluate the impact oftransportation improvements on projected rates and safety ofbicycling and walking; and(4) <>other research areas to bedetermined by the Administrator. (c) Vulnerable Road User Assessments.--The Administrator shall--(1) <>review eachvulnerable road user safety assessment submitted by a Stateunder section 148(l) of title 23, United States Code, and otherrelevant sources of data to determine what, if any, standarddefinitions and methods should be developed through guidance toenable a State to collect pedestrian injury and fatality data;and(2) in the first progress update under subsection (d)(2),provide--(A) the results of the determination described inparagraph (1); and(B) <>therecommendations of the Secretary with respect to thecollection and reporting of data on the safety ofvulnerable road users. (d) <>Submission; Publication.--(1) Submission of plan.--Not later than 180 days after thedate of enactment of this Act, the Administrator shall submit tothe Committee on Environment and Public Works of the Senate andthe Committee on Transportation and Infrastructure of the Houseof Representatives the research plan described in subsection(b).(2) Progress updates.--Not later than 2 years after the dateof enactment of this Act, and biannually thereafter, theAdministrator shall submit to the Committees described inparagraph (1)--(A) updates on the progress and findings of theresearch conducted pursuant to the plan described insubsection (b); and(B) in the first submission under this paragraph,the results and recommendations described in subsection(c)(2).[[Page 135 STAT. 499]]SEC. 11123. WILDLIFE CROSSING SAFETY. (a) Declaration of Policy.--Section 101(b)(3)(D) of title 23, United States Code, is amended, in the matter preceding clause (i), by inserting ``resilient,'' after ``efficient,''. (b) Wildlife Crossings Pilot Program.--(1) In general.--Chapter 1 of title 23, United States Code,is amended by adding at the end the following:``Sec. 171. <>Wildlife crossingspilot program ``(a) Finding.--Congress finds that greater adoption of wildlife-vehicle collision safety countermeasures is in the public interest because--``(1) according to the report of the Federal HighwayAdministration entitled `Wildlife-Vehicle Collision ReductionStudy', there are more than 1,000,000 wildlife-vehiclecollisions every year;``(2) wildlife-vehicle collisions--``(A) present a danger to--``(i) human safety; and``(ii) wildlife survival; and``(B) represent a persistent concern that results intens of thousands of serious injuries and hundreds offatalities on the roadways of the United States; and``(3) the total annual cost associated with wildlife-vehiclecollisions has been estimated to be $8,388,000,000; and``(4) wildlife-vehicle collisions are a major threat to thesurvival of species, including birds, reptiles, mammals, andamphibians. ``(b) Establishment.--The Secretary shall establish a competitive wildlife crossings pilot program (referred to in this section as the `pilot program') to provide grants for projects that seek to achieve--``(1) a reduction in the number of wildlife-vehiclecollisions; and``(2) in carrying out the purpose described in paragraph(1), improved habitat connectivity for terrestrial and aquaticspecies. ``(c) Eligible Entities.--An entity eligible to apply for a grant under the pilot program is--``(1) a State highway agency, or an equivalent of thatagency;``(2) a metropolitan planning organization (as defined insection 134(b));``(3) a unit of local government;``(4) a regional transportation authority;``(5) a special purpose district or public authority with atransportation function, including a port authority;``(6) an Indian tribe (as defined in section 207(m)(1)),including a Native village and a Native Corporation (as thoseterms are defined in section 3 of the Alaska Native ClaimsSettlement Act (43 U.S.C. 1602));``(7) a Federal land management agency; or``(8) a group of any of the entities described in paragraphs(1) through (7). ``(d) Applications.--[[Page 135 STAT. 500]]``(1) In general.--To be eligible to receive a grant underthe pilot program, an eligible entity shall submit to theSecretary an application at such time, in such manner, andcontaining such information as the Secretary may require.``(2) <>Requirement.--If anapplication under paragraph (1) is submitted by an eligibleentity other than an eligible entity described in paragraph (1)or (7) of subsection (c), the application shall includedocumentation that the State highway agency, or an equivalent ofthat agency, of the State in which the eligible entity islocated was consulted during the development of the application.``(3) Guidance.--To enhance consideration of current andreliable data, eligible entities may obtain guidance from anagency in the State with jurisdiction over fish and wildlife. ``(e) Considerations.--In selecting grant recipients under the pilot program, the Secretary shall take into consideration the following:``(1) Primarily, the extent to which the proposed project ofan eligible entity is likely to protect motorists and wildlifeby reducing the number of wildlife-vehicle collisions andimprove habitat connectivity for terrestrial and aquaticspecies.``(2) Secondarily, the extent to which the proposed projectof an eligible entity is likely to accomplish the following:``(A) Leveraging Federal investment by encouragingnon-Federal contributions to the project, includingprojects from public-private partnerships.``(B) Supporting local economic development andimprovement of visitation opportunities.``(C) Incorporation of innovative technologies,including advanced design techniques and otherstrategies to enhance efficiency and effectiveness inreducing wildlife-vehicle collisions and improvinghabitat connectivity for terrestrial and aquaticspecies.``(D) Provision of educational and outreachopportunities.``(E) Monitoring and research to evaluate, compareeffectiveness of, and identify best practices in,selected projects.``(F) <>Any other criteriarelevant to reducing the number of wildlife-vehiclecollisions and improving habitat connectivity forterrestrial and aquatic species, as the Secretarydetermines to be appropriate, subject to the conditionthat the implementation of the pilot program shall notbe delayed in the absence of action by the Secretary toidentify additional criteria under this subparagraph. ``(f) Use of Funds.--``(1) In general.--The Secretary shall ensure that a grantreceived under the pilot program is used for a project to reducewildlife-vehicle collisions.``(2) Grant administration.--``(A) In general.--A grant received under the pilotprogram shall be administered by--``(i) in the case of a grant to a Federal landmanagement agency or an Indian tribe (as definedin section 207(m)(1), including a Native villageand a Native Corporation (as those terms aredefined in section 3 of the Alaska Native ClaimsSettlement Act (43 U.S.C.[[Page 135 STAT. 501]] 1602))), the Federal Highway Administration,through an agreement; and``(ii) in the case of a grant to an eligibleentity other than an eligible entity described inclause (i), the State highway agency, or anequivalent of that agency, for the State in whichthe project is to be carried out.``(B) Partnerships.--``(i) In general.--A grant received under thepilot program may be used to provide funds toeligible partners of the project for which thegrant was received described in clause (ii), inaccordance with the terms of the projectagreement.``(ii) Eligible partners described.--Theeligible partners referred to in clause (i)include--``(I) a metropolitan planningorganization (as defined in section134(b));``(II) a unit of local government;``(III) a regional transportationauthority;``(IV) a special purpose district orpublic authority with a transportationfunction, including a port authority;``(V) an Indian tribe (as defined insection 207(m)(1)), including a Nativevillage and a Native Corporation (asthose terms are defined in section 3 ofthe Alaska Native Claims Settlement Act(43 U.S.C. 1602));``(VI) a Federal land managementagency;``(VII) a foundation,nongovernmental organization, orinstitution of higher education;``(VIII) a Federal, Tribal,regional, or State government entity;and``(IX) a group of any of theentities described in subclauses (I)through (VIII).``(3) Compliance.--An eligible entity that receives a grantunder the pilot program and enters into a partnership describedin paragraph (2) shall establish measures to verify that aneligible partner that receives funds from the grant complieswith the conditions of the pilot program in using those funds. ``(g) <>Requirement.--The Secretary shall ensure that not less than 60 percent of the amounts made available for grants under the pilot program each fiscal year are for projects located in rural areas. ``(h) Annual Report to Congress.--``(1) <>In general.--Not laterthan December 31 of each calendar year, the Secretary shallsubmit to Congress, and make publicly available, a reportdescribing the activities under the pilot program for the fiscalyear that ends during that calendar year.``(2) Contents.--The report under paragraph (1) shallinclude--``(A) a detailed description of the activitiescarried out under the pilot program;``(B) <>an evaluation of theeffectiveness of the pilot program in meeting thepurposes described in subsection (b); and[[Page 135 STAT. 502]]``(C) <>policyrecommendations to improve the effectiveness of thepilot program. ``(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 this chapter.''.(2) Clerical amendment.--The analysis for chapter 1 of title23, United States Code, <>is amendedby inserting after the item relating to section 170 thefollowing:``171. Wildlife crossings pilot program.''. (c) Wildlife Vehicle Collision Reduction and Habitat Connectivity Improvement.--(1) In general.--Chapter 1 of title 23, United States Code(as amended by subsection (b)(1)), is amended by adding at theend the following:``Sec. 172. <>Wildlife-vehicle collisionreduction and habitat connectivity improvement ``(a) Study.--``(1) In general.--The Secretary shall conduct a study(referred to in this subsection as the `study') of the state, asof the date of the study, of the practice of methods to reducecollisions between motorists and wildlife (referred to in thissection as `wildlife-vehicle collisions').``(2) Contents.--``(A) Areas of study.--The study shall--``(i) <>update and expand on,as appropriate--``(I) the report entitled `WildlifeVehicle Collision Reduction Study: 2008Report to Congress'; and``(II) the document entitled`Wildlife Vehicle Collision ReductionStudy: Best Practices Manual' and datedOctober 2008; and``(ii) include--``(I) <>anassessment, as of the date of the study,of--``(aa) the causes ofwildlife-vehicle collisions;``(bb) the impact ofwildlife-vehicle collisions onmotorists and wildlife; and``(cc) the impacts of roadsand traffic on habitatconnectivity for terrestrial andaquatic species; and``(II) solutions and best practicesfor--``(aa) reducing wildlife- vehicle collisions; and``(bb) improving habitatconnectivity for terrestrial andaquatic species.``(B) Methods.--In carrying out the study, theSecretary shall--``(i) <>conduct a thoroughreview of research and data relating to--``(I) wildlife-vehicle collisions;and``(II) habitat fragmentation thatresults from transportationinfrastructure;``(ii) <>survey currentpractices of the Department of Transportation andState departments of transportation to reducewildlife-vehicle collisions; and[[Page 135 STAT. 503]]``(iii) <>consultwith--``(I) appropriate experts in thefield of wildlife-vehicle collisions;and``(II) appropriate experts on theeffects of roads and traffic on habitatconnectivity for terrestrial and aquaticspecies.``(3) Report.--``(A) In general.--Not later than 18 months afterthe date of enactment of the Surface TransportationReauthorization Act of 2021, the Secretary shall submitto Congress a report on the results of the study.``(B) Contents.--The report under subparagraph (A)shall include--``(i) a description of--``(I) the causes of wildlife-vehiclecollisions;``(II) the impacts of wildlife-vehicle collisions; and``(III) the impacts of roads andtraffic on--``(aa) species listed asthreatened species or endangeredspecies under the EndangeredSpecies Act of 1973 (16 U.S.C.1531 et seq.);``(bb) species identified byStates as species of greatestconservation need;``(cc) species identified inState wildlife plans; and``(dd) medium and smallterrestrial and aquatic species;``(ii) <>an economicevaluation of the costs and benefits of installinghighway infrastructure and other measures tomitigate damage to terrestrial and aquaticspecies, including the effect on jobs, propertyvalues, and economic growth to society, adjacentcommunities, and landowners;``(iii) <>recommendations for preventing wildlife-vehiclecollisions, including recommended best practices,funding resources, or other recommendations foraddressing wildlife-vehicle collisions; and``(iv) <>guidance,developed in consultation with Federal landmanagement agencies and State departments oftransportation, State fish and wildlife agencies,and Tribal governments that agree to participate,for developing, for each State that agrees toparticipate, a voluntary joint statewidetransportation and wildlife action plan--``(I) to address wildlife-vehiclecollisions; and``(II) to improve habitatconnectivity for terrestrial and aquaticspecies. ``(b) Workforce Development and Technical Training.--``(1) <>In general.--Not later than 3years after the date of enactment of the Surface TransportationReauthorization Act of 2021, the Secretary shall, based on thestudy conducted under subsection (a), develop a series of in-person and online workforce development and technical trainingcourses--``(A) to reduce wildlife-vehicle collisions; and``(B) to improve habitat connectivity forterrestrial and aquatic species.``(2) Availability.--The Secretary shall--[[Page 135 STAT. 504]]``(A) make the series of courses developed underparagraph (1) available for transportation and fish andwildlife professionals; and``(B) <>update the series ofcourses not less frequently than once every 2 years. ``(c) Standardization of Wildlife Collision and Carcass Data.--``(1) Standardized methodology.--``(A) In general.--The Secretary, acting through theAdministrator of the Federal Highway Administration(referred to in this subsection as the `Secretary'),shall develop a quality standardized methodology forcollecting and reporting spatially accurate wildlifecollision and carcass data for the National HighwaySystem, considering the practicability of themethodology with respect to technology and cost.``(B) Methodology.--In developing the standardizedmethodology under subparagraph (A), the Secretaryshall--``(i) <>survey existingmethodologies and sources of data collection,including the Fatality Analysis Reporting System,the General Estimates System of the NationalAutomotive Sampling System, and the Highway SafetyInformation System; and``(ii) to the extent practicable, identify andcorrect limitations of those existingmethodologies and sources of data collection.``(C) Consultation.--In developing the standardizedmethodology under subparagraph (A), the Secretary shallconsult with--``(i) the Secretary of the Interior;``(ii) the Secretary of Agriculture, actingthrough the Chief of the Forest Service;``(iii) Tribal, State, and localtransportation and wildlife authorities;``(iv) metropolitan planning organizations (asdefined in section 134(b));``(v) members of the American Association ofState Highway Transportation Officials;``(vi) members of the Association of Fish andWildlife Agencies;``(vii) experts in the field of wildlife- vehicle collisions;``(viii) nongovernmental organizations; and``(ix) other interested stakeholders, asappropriate.``(2) Standardized national data system with voluntarytemplate implementation.--The Secretary shall--``(A) develop a template for State implementation ofa standardized national wildlife collision and carcassdata system for the National Highway System that isbased on the standardized methodology developed underparagraph (1); and``(B) encourage the voluntary implementation of thetemplate developed under subparagraph (A).``(3) Reports.--``(A) Methodology.--The Secretary shall submit toCongress a report describing the standardizedmethodology[[Page 135 STAT. 505]] developed under paragraph (1) not later than the laterof--``(i) the date that is 18 months after thedate of enactment of the Surface TransportationReauthorization Act of 2021; and``(ii) the date that is 180 days after thedate on which the Secretary completes thedevelopment of the standardized methodology.``(B) Implementation.--Not later than 4 years afterthe date of enactment of the Surface TransportationReauthorization Act of 2021, the Secretary shall submitto Congress a report describing--``(i) the status of the voluntaryimplementation of the standardized methodologydeveloped under paragraph (1) and the templatedeveloped under paragraph (2)(A);``(ii) whether the implementation of thestandardized methodology developed under paragraph(1) and the template developed under paragraph(2)(A) has impacted efforts by States, units oflocal government, and other entities--``(I) to reduce the number ofwildlife-vehicle collisions; and``(II) to improve habitatconnectivity;``(iii) the degree of the impact described inclause (ii); and``(iv) <>therecommendations of the Secretary, includingrecommendations for further study aimed atreducing motorist collisions involving wildlifeand improving habitat connectivity for terrestrialand aquatic species on the National HighwaySystem, if any. ``(d) National Threshold Guidance.--The Secretary shall--``(1) <>establish guidance, to becarried out by States on a voluntary basis, that contains athreshold for determining whether a highway shall be evaluatedfor potential mitigation measures to reduce wildlife-vehiclecollisions and increase habitat connectivity for terrestrial andaquatic species, taking into consideration--``(A) the number of wildlife-vehicle collisions onthe highway that pose a human safety risk;``(B) highway-related mortality and the effects oftraffic on the highway on--``(i) species listed as endangered species orthreatened species under the Endangered SpeciesAct of 1973 (16 U.S.C. 1531 et seq.);``(ii) species identified by a State asspecies of greatest conservation need;``(iii) species identified in State wildlifeplans; and``(iv) medium and small terrestrial andaquatic species; and``(C) habitat connectivity values for terrestrialand aquatic species and the barrier effect of thehighway on the movements and migrations of thosespecies.''.(2) Clerical amendment.--The analysis for chapter 1 of title23, United States Code <>(as amendedby subsection (b)(2))[[Page 135 STAT. 506]]is amended by inserting after the item relating to section 171the following:``172. Wildlife-vehicle collision reduction and habitat connectivityimprovement.''. (d) Wildlife Crossings Standards.--Section 109(c)(2) of title 23, United States Code, is amended--(1) in subparagraph (E), by striking ``and'' at the end;(2) by redesignating subparagraph (F) as subparagraph (G);and(3) by inserting after subparagraph (E) the following:``(F) the publication of the Federal HighwayAdministration entitled `Wildlife Crossing StructureHandbook: Design and Evaluation in North America' anddated March 2011; and''. (e) Wildlife Habitat Connectivity and National Bridge and Tunnel Inventory and Inspection Standards.--Section 144 of title 23, United States Code, is amended--(1) in subsection (a)(2)--(A) in subparagraph (B), by inserting ``,resilience,'' after ``safety'';(B) in subparagraph (D), by striking ``and'' at theend;(C) in subparagraph (E), by striking the period atthe end and inserting ``; and''; and(D) by adding at the end the following:``(F) to ensure adequate passage of aquatic andterrestrial species, where appropriate.'';(2) in subsection (b)--(A) in paragraph (4), by striking ``and'' at theend;(B) in paragraph (5), by striking the period at theend and inserting ``; and''; and(C) by adding at the end the following:``(6) determine if the replacement or rehabilitation ofbridges and tunnels should include measures to enable safe andunimpeded movement for terrestrial and aquatic species.''; and(3) in subsection (i), by adding at the end the following:``(3) Requirement.--The first revision under paragraph (2)after the date of enactment of the Surface TransportationReauthorization Act of 2021 shall include techniques to assesspassage of aquatic and terrestrial species and habitatrestoration potential.''.SEC. 11124. CONSOLIDATION OF PROGRAMS. Section 1519(a) of MAP-21 (Public Law 112-141; 126 Stat. 574; 129 Stat. 1423) is amended, in the matter preceding paragraph (1), by striking ``fiscal years 2016 through 2020'' and inserting ``fiscal years 2022 through 2026''.SEC. 11125. GAO REPORT. (a) <>In General.--Section 1433 of the FAST Act (23 U.S.C. 101 note; Public Law 114-94) is repealed. (b) Clerical Amendment.--The table of contents in section 1(b) of the FAST Act (Public Law 114-94; 129 Stat. 1312) is amended by striking the item relating to section 1433.SEC. 11126. TERRITORIAL AND PUERTO RICO HIGHWAY PROGRAM. Section 165 of title 23, United States Code, is amended--[[Page 135 STAT. 507]](1) in subsection (a), by striking paragraphs (1) and (2)and inserting the following:``(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.'';(2) in subsection (b)(2)(C)(iii), by inserting ``andpreventative maintenance on the National Highway System'' after``chapter 1''; and(3) in subsection (c)(7), by striking ``paragraphs (1)through (4) of section 133(c) and section 133(b)(12)'' andinserting ``paragraphs (1), (2), (3), and (5) of section 133(c)and section 133(b)(13)''.SEC. 11127. NATIONALLY SIGNIFICANT FEDERAL LANDS AND TRIBALPROJECTS PROGRAM. Section 1123 of the FAST Act (23 U.S.C. 201 note; Public Law 114-94) is amended--(1) in subsection (c)(3), by striking ``$25,000,000'' andall that follows through the period at the end and inserting``$12,500,000.'';(2) in subsection (g)--(A) by striking the subsection designation andheading and all that follows through ``The Federal'' inparagraph (1) and inserting the following: ``(g) Cost Share.--``(1) Federal share.--``(A) In general.--Except as provided insubparagraph (B), the Federal'';(B) in paragraph (1), by adding at the end thefollowing:``(B) Tribal projects.--In the case of a project ona tribal transportation facility (as defined in section101(a) of title 23, United States Code), the Federalshare of the cost of the project shall be 100percent.''; and(C) in paragraph (2), by striking ``other than thosemade available under title 23 or title 49, United StatesCode,''; and(3) by striking subsection (h) and inserting the following: ``(h) Use of Funds.--``(1) In general.--For each fiscal year, of the amounts madeavailable to carry out this section--``(A) 50 percent shall be used for eligible projectson Federal lands transportation facilities and Federallands access transportation facilities (as those termsare defined in section 101(a) of title 23, United StatesCode); and[[Page 135 STAT. 508]]``(B) 50 percent shall be used for eligible projectson tribal transportation facilities (as defined insection 101(a) of title 23, United States Code).``(2) Requirement.--Not less than 1 eligible project carriedout using the amount described in paragraph (1)(A) shall be in aunit of the National Park System with not less than 3,000,000annual visitors.``(3) Availability.--Amounts made available to carry outthis section shall remain available for a period of 3 fiscalyears following the fiscal year for which the amounts areappropriated.''.SEC. 11128. TRIBAL HIGH PRIORITY PROJECTS PROGRAM. Section 1123(h) of MAP-21 (23 U.S.C. 202 note; Public Law 112-141) is amended--(1) by redesignating paragraph (2) as paragraph (3);(2) in paragraph (3) (as so redesignated), in the matterpreceding subparagraph (A), by striking ``paragraph (1)'' andinserting ``paragraphs (1) and (2)''; and(3) by striking the subsection designation and heading andall that follows through the period at the end of paragraph (1)and inserting the following: ``(h) Funding.--``(1) Set-aside.--For each of fiscal years 2022 through2026, of the amounts made available to carry out the tribaltransportation program under section 202 of title 23, UnitedStates Code, for that fiscal year, the Secretary shall use$9,000,000 to carry out the program.``(2) Authorization of appropriations.--In addition toamounts made available under paragraph (1), there is authorizedto be appropriated $30,000,000 out of the general fund of theTreasury to carry out the program for each of fiscal years 2022through 2026.''.SEC. 11129. STANDARDS. Section 109 of title 23, United States Code, is amended--(1) in subsection (d)--(A) by striking ``(d) On any'' and inserting thefollowing: ``(d) Manual on Uniform Traffic Control Devices.--``(1) In general.--On any'';(B) in paragraph (1) (as so designated), by striking``promote the safe'' and inserting ``promote the safety,inclusion, and mobility of all users''; and(C) by adding at the end the following:``(2) <>Updates.--Not later than 18months after the date of enactment of the Surface TransportationReauthorization Act of 2021 and not less frequently than every 4years thereafter, the Secretary shall update the Manual onUniform Traffic Control Devices.'';(2) in subsection (o)--(A) by striking ``Projects'' and inserting:``(A) In general.--Projects''; and(B) by inserting at the end the following:``(B) Local jurisdictions.--Notwithstandingsubparagraph (A), a local jurisdiction may use a roadwaydesign guide recognized by the Federal HighwayAdministration and adopted by the local jurisdictionthat is different from the roadway design guide used bythe State in which[[Page 135 STAT. 509]] the local jurisdiction is located for the design ofprojects on all roadways under the ownership of thelocal jurisdiction (other than a highway on the NationalHighway System) for which the local jurisdiction is theproject sponsor, provided that the design complies withall other applicable Federal laws.''; and(3) by adding at the end the following: ``(s) Electric Vehicle Charging Stations.--``(1) Standards.--Electric vehicle charging infrastructureinstalled using funds provided under this title shall provide,at a minimum--``(A) non-proprietary charging connectors that meetapplicable industry safety standards; and``(B) open access to payment methods that areavailable to all members of the public to ensure secure,convenient, and equal access to the electric vehiclecharging infrastructure that shall not be limited bymembership to a particular payment provider.``(2) Treatment of projects.--Notwithstanding any otherprovision of law, a project to install electric vehicle charginginfrastructure using funds provided under this title shall betreated as if the project is located on a Federal-aidhighway.''.SEC. 11130. PUBLIC TRANSPORTATION. (a) In General.--Section 142(a) of title 23, United States Code, is amended by adding at the end the following:``(3) Bus corridors.--In addition to the projects describedin paragraphs (1) and (2), the Secretary may approve paymentfrom sums apportioned under paragraph (2) or (7) of section104(b) for carrying out a capital project for the constructionof 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 necessaryfor the establishment of a bus rapid transit corridor;``(C) on-street stations;``(D) fare collection systems;``(E) information and wayfinding systems; and``(F) depots.''. (b) Technical Correction.--Section 142 of title 23, United States Code, is amended by striking subsection (i).SEC. 11131. RESERVATION OF CERTAIN FUNDS. (a) Open Container Requirements.--Section 154(c)(2) of title 23, United States Code, is amended--(1) in the paragraph heading, by striking ``2012'' andinserting ``2022'';(2) by striking subparagraph (A) and inserting thefollowing:``(A) Reservation of funds.--``(i) <>In general.--On October1, 2021, and each October 1 thereafter, in thecase of a State described in clause (ii), theSecretary shall reserve an amount equal to 2.5percent of the funds to be apportioned to theState on that date under each of paragraphs (1)and (2) of section 104(b) until the Statecertifies to the Secretary the means by which theState will[[Page 135 STAT. 510]] use those reserved funds in accordance withsubparagraphs (A) and (B) of paragraph (1), andparagraph (3).``(ii) States described.--A State referred toin clause (i) is a State--``(I) that has not enacted or is notenforcing an open container lawdescribed in subsection (b); and``(II) <>forwhich the Secretary determined for theprior fiscal year that the State had notenacted or was not enforcing an opencontainer law described in subsection(b).''; and(3) in subparagraph (B), in the matter preceding clause (i),by striking ``subparagraph (A)'' and inserting ``subparagraph(A)(i)''. (b) Repeat Intoxicated Driver Laws.--Section 164(b)(2) of title 23, United States Code, is amended--(1) in the paragraph heading, by striking ``2012'' andinserting ``2022'';(2) by striking subparagraph (A) and inserting thefollowing:``(A) Reservation of funds.--``(i) <>In general.--On October1, 2021, and each October 1 thereafter, in thecase of a State described in clause (ii), theSecretary shall reserve an amount equal to 2.5percent of the funds to be apportioned to theState on that date under each of paragraphs (1)and (2) of section 104(b) until the Statecertifies to the Secretary the means by which theState will use those reserved funds in accordancewith subparagraphs (A) and (B) of paragraph (1),and paragraph (3).``(ii) States described.--A State referred toin clause (i) is a State--``(I) that has not enacted or is notenforcing a repeat intoxicated driverlaw; and``(II) <>forwhich the Secretary determined for theprior fiscal year that the State had notenacted or was not enforcing a repeatintoxicated driver law.''; and(3) in subparagraph (B), in the matter preceding clause (i),by striking ``subparagraph (A)'' and inserting ``subparagraph(A)(i)''.SEC. 11132. RURAL SURFACE TRANSPORTATION GRANT PROGRAM. (a) In General.--Chapter 1 of title 23, United States Code (as amended by section 11123(c)(1)), is amended by adding at the end the following:``Sec. 173. <>Rural surface transportationgrant program ``(a) Definitions.--In this section:``(1) Program.--The term `program' means the programestablished under subsection (b)(1).``(2) Rural area.--The term `rural area' means an area thatis outside an urbanized area with a population of over 200,000. ``(b) Establishment.--[[Page 135 STAT. 511]]``(1) In general.--The Secretary shall establish a ruralsurface transportation grant program to provide grants, on acompetitive basis, to eligible entities to improve and expandthe 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 themovement of people and freight; and``(C) to generate regional economic growth andimprove quality of life.``(3) Grant administration.--The Secretary may--``(A) <>retain not more than atotal of 2 percent of the funds made available to carryout the program and to review applications for grantsunder the program; and``(B) <>transferportions of the funds retained under subparagraph (A) tothe relevant Administrators to fund the award andoversight 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 Tribalgovernments; and``(5) a multijurisdictional group of entities described inparagraphs (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), theSecretary may make a grant under the program only for a projectthat is--``(A) a highway, bridge, or tunnel project eligibleunder section 119(d);``(B) a highway, bridge, or tunnel project eligibleunder section 133(b);``(C) a project eligible under section 202(a);``(D) a highway freight project eligible undersection 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 orbridge that provides or increases access to anagricultural, commercial, energy, or intermodal facilitythat supports the economy of a rural area; or``(G) a project to develop, establish, or maintainan integrated mobility management system, atransportation demand management system, or on-demandmobility services.``(2) Bundling of eligible projects.--``(A) In general.--An eligible entity may bundle 2or more similar eligible projects under the program thatare--[[Page 135 STAT. 512]]``(i) included as a bundled project in astatewide transportation improvement program undersection 135; and``(ii) awarded to a single contractor orconsultant pursuant to a contract for engineeringand design or construction between the contractorand the eligible entity.``(B) Itemization.--Notwithstanding any otherprovision of law (including regulations), a bundling ofeligible projects under this paragraph may be consideredto be a single project, including for purposes ofsection 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 otherpreconstruction activities; and``(2) construction, reconstruction, rehabilitation,acquisition of real property (including land related to theproject and improvements to the land), environmental mitigation,construction contingencies, acquisition of equipment, andoperational 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 safetybenefits;``(2) will be cost effective;``(3) will contribute to the accomplishment of 1 or more ofthe national goals under section 150;``(4) is based on the results of preliminary engineering;and``(5) <>is reasonably expected to beginconstruction not later than 18 months after the date ofobligation 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 surfacetransportation system and improve mobility for residents ofrural areas;``(3) address economic development and job creationchallenges, including energy sector job losses in energycommunities as identified in the report released in April 2021by the interagency working group established by section 218 ofExecutive Order 14008 (86 Fed. Reg. 7628 (February 1, 2021));``(4) enhance recreational and tourism opportunities byproviding access to Federal land, national parks, nationalforests, national recreation areas, national wildlife refuges,wilderness areas, or State parks;``(5) contribute to geographic diversity among grantrecipients;``(6) utilize innovative project delivery approaches orincorporate transportation technologies;[[Page 135 STAT. 513]]``(7) <>coordinate with projects toaddress broadband infrastructure needs; or``(8) improve access to emergency care, essential services,healthcare providers, or drug and alcohol treatment andrehabilitation 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), theFederal share of the cost of a project carried out with a grantunder the program may not exceed 80 percent.``(2) <>Federal share for certainprojects.--The Federal share of the cost of an eligible projectthat furthers the completion of a designated segment of theAppalachian Development Highway System under section 14501 oftitle 40, or addresses a surface transportation infrastructureneed identified for the Denali access system program undersection 309 of the Denali Commission Act of 1998 (42 U.S.C. 3121note; Public Law 105-277) shall be up to 100 percent, asdetermined by the State.``(3) Use of other federal assistance.--Federal assistanceother than a grant under the program may be used to satisfy thenon-Federal share of the cost of a project carried out with agrant under the program. ``(k) Set Asides.--``(1) Small projects.--The Secretary shall use not more than10 percent of the amounts made available for the program foreach fiscal year to provide grants for eligible projects in anamount that is less than $25,000,000.``(2) Appalachian development highway system.--The Secretaryshall reserve 25 percent of the amounts made available for theprogram for each fiscal year for eligible projects that furtherthe completion of designated routes of the AppalachianDevelopment Highway System under section 14501 of title 40.``(3) Rural roadway lane departures.--The Secretary shallreserve 15 percent of the amounts made available for the programfor each fiscal year to provide grants for eligible projectslocated in States that have rural roadway fatalities as a resultof lane departures that are greater than the average of ruralroadway fatalities as a result of lane departures in the UnitedStates, based on the latest available data from the Secretary.``(4) Excess funding.--In any fiscal year in which qualifiedapplications for grants under this subsection do not allow forthe amounts reserved under paragraphs (1), (2), or (3) to befully utilized, the Secretary shall use the unutilized amountsto make other grants under the program. ``(l) <>Congressional Review.--``(1) Notification.--Not less than 60 days before providinga grant under the program, the Secretary shall submit to theCommittee on Environment and Public Works of the Senate and theCommittee on Transportation and Infrastructure of the House ofRepresentatives--``(A) <>a list of allapplications determined to be eligible for a grant bythe Secretary;[[Page 135 STAT. 514]]``(B) each application proposed to be selected for agrant, including a justification for the selection; and``(C) <>proposed grant amounts.``(2) Committee review.--Before the last day of the 60-dayperiod described in paragraph (1), each Committee described inparagraph (1) shall review the list of proposed projectssubmitted by the Secretary.``(3) Congressional disapproval.--The Secretary may not makea grant or any other obligation or commitment to fund a projectunder the program if a joint resolution is enacted disapprovingfunding for the project before the last day of the 60-day perioddescribed in paragraph (1). ``(m) Transparency.--``(1) <>In general.--Notlater than 30 days after providing a grant for a project underthe program, the Secretary shall provide to all applicants, andpublish on the website of the Department of Transportation, theinformation described in subsection (l)(1).``(2) Briefing.--The Secretary shall provide, on the requestof an eligible entity, the opportunity to receive a briefing toexplain any reasons the eligible entity was not selected toreceive a grant under the program. ``(n) Reports.--``(1) <>Annual report.--The Secretaryshall make available on the website of the Department ofTransportation at the end of each fiscal year an annual reportthat lists each project for which a grant has been providedunder the program during that fiscal year.``(2) Comptroller general.--``(A) Assessment.--The Comptroller General of theUnited States shall conduct an assessment of theadministrative establishment, solicitation, selection,and justification process with respect to the awardingof grants under the program for each fiscal year.``(B) Report.--Each fiscal year, the ComptrollerGeneral shall submit to the Committee on Environment andPublic Works of the Senate and the Committee onTransportation and Infrastructure of the House ofRepresentatives a report that describes, for the fiscalyear--``(i) the adequacy and fairness of the processby which each project was selected, if applicable;and``(ii) the justification and criteria used forthe 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.''. (b) Clerical Amendment.--The analysis for chapter 1 of title 23, United States Code (as amended by section 11123(c)(2)), <> is amended by inserting after the item relating to section 172 the following:``173. Rural surface transportation grant program.''.SEC. 11133. BICYCLE TRANSPORTATION AND PEDESTRIAN WALKWAYS. Section 217 of title 23, United States Code, is amended--(1) in subsection (a)--[[Page 135 STAT. 515]](A) by striking ``pedestrian walkways and bicycle''and inserting ``pedestrian walkways and bicycle andshared micromobility''; and(B) by striking ``safe bicycle use'' and inserting``safe access for bicyclists and pedestrians'';(2) in subsection (d), by striking ``a position'' andinserting ``up to 2 positions'';(3) in subsection (e), by striking ``bicycles'' each placeit appears and inserting ``pedestrians or bicyclists'';(4) in subsection (f), by striking ``and a bicycle'' andinserting ``or a bicycle or shared micromobility''; and(5) in subsection (j), by striking paragraph (2) andinserting the following:``(2) Electric bicycle.--``(A) <>In general.--The term`electric bicycle' means a bicycle--``(i) equipped with fully operable pedals, asaddle or seat for the rider, and an electricmotor of less than 750 watts;``(ii) that can safely share a bicycletransportation facility with other users of suchfacility; and``(iii) that is a class 1 electric bicycle,class 2 electric bicycle, or class 3 electricbicycle.``(B) Classes of electric bicycles.--``(i) Class 1 electric bicycle.--For purposesof subparagraph (A)(iii), the term `class 1electric bicycle' means an electric bicycle, otherthan a class 3 electric bicycle, equipped with amotor that--``(I) provides assistance only whenthe rider is pedaling; and``(II) ceases to provide assistancewhen the speed of the bicycle reaches orexceeds 20 miles per hour.``(ii) Class 2 electric bicycle.--For purposesof subparagraph (A)(iii), the term `class 2electric bicycle' means an electric bicycleequipped with a motor that--``(I) may be used exclusively topropel the bicycle; and``(II) is not capable of providingassistance when the speed of the bicyclereaches or exceeds 20 miles per hour.``(iii) Class 3 electric bicycle.--Forpurposes of subparagraph (A)(iii), the term `class3 electric bicycle' means an electric bicycleequipped with a motor that--``(I) provides assistance only whenthe rider is pedaling; and``(II) ceases to provide assistancewhen the speed of the bicycle reaches orexceeds 28 miles per hour.''.SEC. 11134. RECREATIONAL TRAILS PROGRAM. Section 206 of title 23, United States Code, is amended by adding at the end the following: ``(j) Use of Other Apportioned Funds.--Funds apportioned to a State under section 104(b) that are obligated for a recreational trail or a related project shall be administered as if the funds were made available to carry out this section.''.[[Page 135 STAT. 516]]SEC. 11135. <>UPDATES TO MANUAL ONUNIFORM TRAFFIC CONTROL DEVICES. In carrying out the first update to the Manual on Uniform Traffic Control Devices under section 109(d)(2) of title 23, United States Code, to the greatest extent practicable, the Secretary shall include updates necessary to provide for--(1) the protection of vulnerable road users (as defined insection 148(a) of title 23, United States Code);(2) supporting the safe testing of automated vehicletechnology and any preparation necessary for the safeintegration of automated vehicles onto public streets;(3) appropriate use of variable message signs to enhancepublic safety;(4) the minimum retroreflectivity of traffic control devicesand pavement markings; and(5) any additional recommendations made by the NationalCommittee on Uniform Traffic Control Devices that have not beenincorporated into the Manual on Uniform Traffic Control Devices. Subtitle B--Planning and Performance ManagementSEC. 11201. TRANSPORTATION PLANNING. (a) Metropolitan Transportation Planning.--Section 134 of title 23, United States Code, is amended--(1) in subsection (d)--(A) in paragraph (3), by adding at the end thefollowing:``(D) Considerations.--In designating officials orrepresentatives under paragraph (2) for the first time,subject to the bylaws or enabling statute of themetropolitan planning organization, the metropolitanplanning organization shall consider the equitable andproportional representation of the population of themetropolitan planning area.''; and(B) in paragraph (7)--(i) by striking ``an existing metropolitanplanning area'' and inserting ``an existingurbanized area (as defined by the Bureau of theCensus)''; and(ii) by striking ``the existing metropolitanplanning area'' and inserting ``the area'';(2) in subsection (g)--(A) in paragraph (1), by striking ``a metropolitanarea'' and inserting ``an urbanized area (as defined bythe Bureau of the Census)''; and(B) by adding at the end the following:``(4) Coordination between MPOs.--If more than 1metropolitan planning organization is designated within anurbanized area (as defined by the Bureau of the Census) undersubsection (d)(7), the metropolitan planning organizationsdesignated within the area shall ensure, to the maximum extentpracticable, the consistency of any data used in the planningprocess, including information used in forecasting traveldemand.[[Page 135 STAT. 517]]``(5) Savings clause.--Nothing in this subsection requiresmetropolitan planning organizations designated within a singleurbanized area to jointly develop planning documents, includinga unified long-range transportation plan or unified TIP.'';(3) in subsection (i)(6), by adding at the end thefollowing:``(D) Use of technology.--A metropolitan planningorganization may use social media and other web-basedtools--``(i) to further encourage publicparticipation; and``(ii) to solicit public feedback during thetransportation planning process.''; and(4) in subsection (p), by striking ``paragraphs (5)(D) and(6) of section 104(b) of this title'' and inserting ``section104(b)(6)''. (b) Statewide and Nonmetropolitan Transportation Planning.--Section 135(f)(3) of title 23, United States Code, is amended by adding at the end the following:``(C) Use of technology.--A State may use socialmedia and other web-based tools--``(i) to further encourage publicparticipation; and``(ii) to solicit public feedback during thetransportation planning process.''. (c) Conforming Amendment.--Section 135(i) of title 23, United States Code, is amended by striking ``paragraphs (5)(D) and (6) of section 104(b) of this title'' and inserting ``section 104(b)(6)''. (d) Housing Coordination.--Section 134 of title 23, United States Code, is amended--(1) in subsection (a)(1), by inserting ``better connecthousing and employment,'' after ``urbanized areas'';(2) in subsection (g)(3)(A), by inserting ``housing,'' after``economic development,'';(3) in subsection (h)(1)(E), by inserting ``, housing,''after ``growth'';(4) in subsection (i)--(A) in paragraph (4)(B)--(i) by redesignating clauses (iii) through(vi) as clauses (iv) through (vii), respectively;and(ii) by inserting after clause (ii) thefollowing:``(iii) assumed distribution of population andhousing;''; and(B) in paragraph (6)(A), by inserting ``affordablehousing organizations,'' after ``disabled,''; and(5) in subsection (k)--(A) by redesignating paragraphs (4) and (5) asparagraphs (5) and (6), respectively; and(B) by inserting after paragraph (3) the following:``(4) Housing coordination process.--``(A) In general.--Within a metropolitan planningarea serving a transportation management area, thetransportation planning process under this section mayaddress the integration of housing, transportation, andeconomic development strategies through a process thatprovides for effective integration, based on acooperatively developed and implemented strategy, of newand existing transportation facilities eligible forfunding under this title and chapter 53 of title 49.[[Page 135 STAT. 518]]``(B) Coordination in integrated planning process.-- In carrying out the process described in subparagraph(A), a metropolitan planning organization may--``(i) <>consult with--``(I) State and local entitiesresponsible for land use, economicdevelopment, housing, management of roadnetworks, or public transportation; and``(II) other appropriate public orprivate entities; and``(ii) coordinate, to the extent practicable,with applicable State and local entities to alignthe goals of the process with the goals of anycomprehensive housing affordability strategiesestablished within the metropolitan planning areapursuant to section 105 of the Cranston-GonzalezNational Affordable Housing Act (42 U.S.C. 12705)and plans developed under section 5A of the UnitedStates Housing Act of 1937 (42 U.S.C. 1437c-1).``(C) Housing coordination plan.--``(i) In general.--A metropolitan planningorganization serving a transportation managementarea may develop a housing coordination plan thatincludes projects and strategies that may beconsidered in the metropolitan transportation planof the metropolitan planning organization.``(ii) Contents.--A plan described in clause(i) may--``(I) develop regional goals for theintegration of housing, transportation,and economic development strategies to--``(aa) better connecthousing and employment whilemitigating commuting times;``(bb) align transportationimprovements with housing needs,such as housing supplyshortages, and proposed housingdevelopment;``(cc) align planning forhousing and transportation toaddress needs in relationship tohousehold incomes within themetropolitan planning area;``(dd) expand housing andeconomic development within thecatchment areas of existingtransportation facilities andpublic transportation serviceswhen appropriate, includinghigher-density development, aslocally determined;``(ee) manage effects ofgrowth of vehicle miles traveledexperienced in the metropolitanplanning area related to housingdevelopment and economicdevelopment;``(ff) increase share ofhouseholds with sufficient andaffordable access to thetransportation networks of themetropolitan planning area;``(II) identify the location ofexisting and planned housing andemployment, and transportation optionsthat connect housing and employment; and[[Page 135 STAT. 519]]``(III) include a comparison oftransportation plans to land usemanagement plans, including zoningplans, that may affect road use, publictransportation ridership, and housingdevelopment.''.SEC. 11202. <>FISCAL CONSTRAINT ON LONG-RANGETRANSPORTATION PLANS. Not later than 1 year after the date of enactment of this Act, the Secretary shall amend section 450.324(f)(11)(v) of title 23, Code of Federal Regulations, to ensure that the outer years of a metropolitan transportation plan are defined as ``beyond the first 4 years''.SEC. 11203. STATE HUMAN CAPITAL PLANS. (a) In General.--Chapter 1 of title 23, United States Code (as amended by section 11132(a)), is amended by adding at the end the following:``Sec. 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 Stateunder 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, andperformance measures that will guide the transportation- related workforce investment decisions of the State;``(C) coordination with educational institutions,industry, organized labor, workforce boards, and otheragencies or organizations to address the human capitaltransportation needs of the State;``(D) a workforce planning strategy that identifiescurrent and future human capital needs, including theknowledge, skills, and abilities needed to recruit andretain skilled workers in the transportation industry;``(E) a human capital management strategy that isaligned with the transportation mission, goals, andorganizational objectives of the State;``(F) an implementation system for workforce goalsfocused on addressing continuity of leadership andknowledge sharing across the State;``(G) an implementation system that addressesworkforce competency gaps, particularly in mission- critical occupations;``(H) in the case of public-private partnerships orother alternative project delivery methods to carry outthe transportation program of the State, a descriptionof workforce needs--[[Page 135 STAT. 520]]``(i) to ensure that the transportationmission, goals, and organizational objectives ofthe State are fully carried out; and``(ii) to ensure that procurement methodsprovide the best public value;``(I) a system for analyzing and evaluating theperformance of the State department of transportationwith respect to all aspects of human capital managementpolicies, programs, and activities; and``(J) the manner in which the plan will improve theability of the State to meet the national policy insupport of performance management established undersection 150.``(2) Planning period.--If a State develops a human capitalplan under subsection (a), the plan shall address a 5-yearforecast 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 capitalplan developed by a State under subsection (a) may be developedseparately from, or incorporated into, the long-range statewidetransportation plan required under section 135.``(2) Effect of section.--Nothing in this section requires aState, or authorizes the Secretary to require a State, toincorporate a human capital plan into the long-range statewidetransportation 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.''. (b) Clerical Amendment.--The analysis for chapter 1 of title 23, United States Code (as amended by section 11132(b)), <>is amended by inserting after the item relating to section 173 the following:``174. State human capital plans.''.SEC. 11204. <>PRIORITIZATION PROCESSPILOT PROGRAM. (a) Definitions.--In this section:(1) Eligible entity.--The term ``eligible entity'' means anyof the following:(A) A metropolitan planning organization that servesan area with a population of over 200,000.(B) A State.(2) Metropolitan planning organization.--The term``metropolitan planning organization'' has the meaning given theterm in section 134(b) of title 23, United States Code.(3) Prioritization process pilot program.--The term``prioritization process pilot program'' means the pilot programestablished under subsection (b)(1). (b) Establishment.--(1) In general.--The Secretary shall establish and solicitapplications for a prioritization process pilot program.[[Page 135 STAT. 521]](2) Purpose.--The purpose of the prioritization processpilot program shall be to support data-driven approaches toplanning that, on completion, can be evaluated for publicbenefit. (c) Pilot Program Administration.--(1) In general.--An eligible entity participating in theprioritization process pilot program shall--(A) <>use priority objectivesthat are developed--(i) in the case of an urbanized area with apopulation of over 200,000, by the metropolitanplanning organization that serves the area, inconsultation with the State;(ii) in the case of an urbanized area with apopulation of 200,000 or fewer, by the State inconsultation with all metropolitan planningorganizations in the State; and(iii) through a public process that providesan opportunity for public input;(B) <>assess and score projectsand strategies on the basis of--(i) the contribution and benefits of theproject or strategy to each priority objectivedeveloped under subparagraph (A);(ii) the cost of the project or strategyrelative to the contribution and benefits assessedand scored under clause (i); and(iii) public support;(C) use the scores assigned under subparagraph (B)to guide project selection in the development of thetransportation plan and transportation improvementprogram; and(D) ensure that the public--(i) <>hasopportunities to provide public comment onprojects before decisions are made on thetransportation plan and the transportationimprovement program; and(ii) has access to clear reasons why eachproject or strategy was selected or not selected.(2) Requirements.--An eligible entity that receives a grantunder the prioritization process pilot program shall use thefunds as described in each of the following, as applicable:(A) Metropolitan transportation planning.--In thecase of a metropolitan planning organization that servesan area with a population of over 200,000, the entityshall--(i) develop and implement a publiclyaccessible, transparent prioritization process forthe selection of projects for inclusion on thetransportation plan for the metropolitan planningarea under section 134(i) of title 23, UnitedStates Code, and section 5303(i) of title 49,United States Code, which shall--(I) <>includecriteria identified by the metropolitanplanning organization, which may beweighted to reflect the priorityobjectives developed under paragraph(1)(A), that the metropolitan planningorganization has determined support--[[Page 135 STAT. 522]](aa) factors described insection 134(h) of title 23,United States Code, and section5303(h) of title 49, UnitedStates Code;(bb) targets for nationalperformance measures undersection 150(b) of title 23,United States Code;(cc) applicabletransportation goals in themetropolitan planning area orState set by the applicabletransportation agency; and(dd) priority objectivesdeveloped under paragraph(1)(A);(II) <>evaluatethe outcomes for each proposed projecton the basis of the benefits of theproposed project with respect to each ofthe criteria described in subclause (I)relative to the cost of the proposedproject; and(III) <>use theevaluation under subclause (II) tocreate a ranked list of proposedprojects; and(ii) with respect to the priority list undersection 134(j)(2)(A) of title 23 and section5303(j)(2)(A) of title 49, United States Code,include projects according to the rank of theproject under clause (i)(III), except as providedin subparagraph (D).(B) Statewide transportation planning.--In the caseof a State, the State shall--(i) develop and implement a publiclyaccessible, transparent process for the selectionof projects for inclusion on the long-rangestatewide transportation plan under section 135(f)of title 23, United States Code, which shall--(I) <>includecriteria identified by the State, whichmay be weighted to reflect statewidepriorities, that the State hasdetermined support--(aa) factors described insection 135(d) of title 23,United States Code, and section5304(d) of title 49, UnitedStates Code;(bb) national transportationgoals under section 150(b) oftitle 23, United States Code;(cc) applicabletransportation goals in theState; and(dd) the priority objectivesdeveloped under paragraph(1)(A);(II) <>evaluatethe outcomes for each proposed projecton the basis of the benefits of theproposed project with respect to each ofthe criteria described in subclause (I)relative to the cost of the proposedproject; and(III) <>use theevaluation under subclause (II) tocreate a ranked list of proposedprojects; and(ii) with respect to the statewidetransportation improvement program under section135(g) of title 23, United States Code, andsection 5304(g) of title 49, United States Code,include projects according to the rank of theproject under clause (i)(III), except as providedin subparagraph (D).(C) Additional transportation planning.--If theeligible entity has implemented, and has in effect, the[[Page 135 STAT. 523]] requirements under subparagraph (A) or (B), asapplicable, the eligible entity may use any remainingfunds from a grant provided under the pilot program forany transportation planning purpose.(D) <>Exceptions topriority ranking.--In the case of any project that theeligible entity chooses to include or not include in thetransportation improvement program under section 134(j)of title 23, United States Code, or the statewidetransportation improvement program under section 135(g)of title 23, United States Code, as applicable, in amanner that is contrary to the priority ranking for thatproject established under subparagraph (A)(i)(III) or(B)(i)(III), the eligible entity shall make publiclyavailable an explanation for the decision, including--(i) <>a review of publiccomments regarding the project;(ii) <>an evaluation ofpublic support for the project;(iii) <>an assessment ofgeographic balance of projects of the eligibleentity; and(iv) the number of projects of the eligibleentity in economically distressed areas.(3) Maximum amount.--The maximum amount of a grant under theprioritization process pilot program is $2,000,000. (d) Applications.--To be eligible to participate in the prioritization process pilot program, an eligible entity shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require.SEC. 11205. <>TRAVEL DEMAND DATA ANDMODELING. (a) Definition of Metropolitan Planning Organization.--In this section, the term ``metropolitan planning organization'' has the meaning given the term in section 134(b) of title 23, United States Code. (b) Study.--(1) <>In general.--Not laterthan 2 years after the date of enactment of this Act, and notless frequently than once every 5 years thereafter, theSecretary shall carry out a study that--(A) gathers travel data and travel demand forecastsfrom a representative sample of States and metropolitanplanning organizations;(B) uses the data and forecasts gathered undersubparagraph (A) to compare travel demand forecasts withthe observed data, including--(i) traffic counts;(ii) travel mode share and public transitridership; and(iii) vehicle occupancy measures; and(C) uses the information described in subparagraphs(A) and (B)--(i) to develop best practices or guidance forStates and metropolitan planning organizations touse in forecasting travel demand for futureinvestments in transportation improvements;(ii) <>to evaluate theimpact of transportation investments, includingnew roadway capacity, on travel[[Page 135 STAT. 524]] behavior and travel demand, including publictransportation ridership, induced highway travel,and congestion;(iii) to support more accurate travel demandforecasting by States and metropolitan planningorganizations; and(iv) to enhance the capacity of States andmetropolitan planning organizations--(I) to forecast travel demand; and(II) to track observed travelbehavior responses, including inducedtravel, to changes in transportationcapacity, pricing, and land usepatterns.(2) Secretarial support.--The Secretary shall seekopportunities to support the transportation planning processesunder sections 134 and 135 of title 23, United States Code,through the provision of data to States and metropolitanplanning organizations to improve the quality of plans, models,and forecasts described in this subsection.(3) <>Evaluation tool.--TheSecretary shall develop a publicly available multimodal web-based tool for the purpose of enabling States and metropolitanplanning organizations to evaluate the effect of investments inhighway and public transportation projects on the use andconditions of all transportation assets within the State or areaserved by the metropolitan planning organization, as applicable.SEC. 11206. <>INCREASING SAFE ANDACCESSIBLE TRANSPORTATION OPTIONS. (a) Definition of Complete Streets Standards or Policies.--In this section, the term ``Complete Streets standards or policies'' means standards or policies that ensure the safe and adequate accommodation of all users of the transportation system, including pedestrians, bicyclists, public transportation users, children, older individuals, individuals with disabilities, motorists, and freight vehicles. (b) Funding Requirement.--Notwithstanding any other provision of law, each State and metropolitan planning organization shall use to carry out 1 or more activities described in subsection (c)--(1) in the case of a State, not less than 2.5 percent of theamounts made available to the State to carry out section 505 oftitle 23, United States Code; and(2) in the case of a metropolitan planning organization, notless than 2.5 percent of the amounts made available to themetropolitan planning organization under section 104(d) of title23, United States Code. (c) Activities Described.--An activity referred to in subsection (b) is an activity to increase safe and accessible options for multiple travel modes for people of all ages and abilities, which, if permissible under applicable State and local laws, may include--(1) adoption of Complete Streets standards or policies;(2) development of a Complete Streets prioritization planthat identifies a specific list of Complete Streets projects toimprove the safety, mobility, or accessibility of a street;(3) development of transportation plans--[[Page 135 STAT. 525]](A) to create a network of active transportationfacilities, including sidewalks, bikeways, or pedestrianand bicycle trails, to connect neighborhoods withdestinations such as workplaces, schools, residences,businesses, recreation areas, healthcare and child careservices, or other community activity centers;(B) to integrate active transportation facilitieswith public transportation service or improve access topublic transportation;(C) to create multiuse active transportationinfrastructure facilities, including bikeways orpedestrian and bicycle trails, that make connectionswithin or between communities;(D) to increase public transportation ridership; and(E) to improve the safety of bicyclists andpedestrians;(4) regional and megaregional planning to address traveldemand and capacity constraints through alternatives to newhighway capacity, including through intercity passenger rail;and(5) development of transportation plans and policies thatsupport transit-oriented development. (d) <>Federal Share.--The Federal share of the cost of an activity carried out under this section shall be 80 percent, unless the Secretary determines that the interests of the Federal-aid highway program would be best served by decreasing or eliminating the non-Federal share. (e) <>State Flexibility.--A State or metropolitan planning organization, with the approval of the Secretary, may opt out of the requirements of this section if the State or metropolitan planning organization demonstrates to the Secretary, by not later than 30 days before the Secretary apportions funds for a fiscal year under section 104, that the State or metropolitan planning organization--(1) has Complete Streets standards and policies in place;and(2) has developed an up-to-date Complete Streetsprioritization plan as described in subsection (c)(2). Subtitle C--Project Delivery and Process ImprovementSEC. 11301. CODIFICATION OF ONE FEDERAL DECISION. (a) In General.--Section 139 of title 23, United States Code, is amended--(1) in the section heading, by striking ``decisionmaking''and inserting ``decisionmaking and One Federal Decision'';(2) in subsection (a)--(A) by redesignating paragraphs (2) through (8) asparagraphs (4), (5), (6), (8), (9), (10), and (11),respectively;(B) <>by inserting afterparagraph (1) the following:``(2) Authorization.--The term `authorization' means anyenvironmental license, permit, approval, finding, or otheradministrative decision related to the environmental reviewprocess that is required under Federal law to site, construct,or reconstruct a project.[[Page 135 STAT. 526]]``(3) Environmental document.--The term `environmentaldocument' includes an environmental assessment, finding of nosignificant impact, notice of intent, environmental impactstatement, or record of decision under the NationalEnvironmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).'';(C) in subparagraph (B) of paragraph (5) (as soredesignated), by striking ``process for and completionof any environmental permit'' and inserting ``processand schedule, including a timetable for and completionof any environmental permit''; and(D) by inserting after paragraph (6) (as soredesignated) the following:``(7) <>Major project.--``(A) In general.--The term `major project' means aproject for which--``(i) multiple permits, approvals, reviews, orstudies are required under a Federal law otherthan the National Environmental Policy Act of 1969(42 U.S.C. 4321 et seq.);``(ii) the project sponsor has identified thereasonable availability of funds sufficient tocomplete the project;``(iii) the project is not a covered project(as defined in section 41001 of the FAST Act (42U.S.C. 4370m)); and``(iv)(I) <>the headof the lead agency has determined that anenvironmental impact statement is required; or``(II) the head of the lead agency hasdetermined that an environmental assessment isrequired, and the project sponsor requests thatthe project be treated as a major project.``(B) Clarification.--In this section, the term`major project' does not have the same meaning as theterm `major project' as described in section 106(h).'';(3) in subsection (b)(1)--(A) by inserting ``, including major projects,''after ``all projects''; and(B) by inserting ``as requested by a project sponsorand'' after ``applied,'';(4) in subsection (c)--(A) in paragraph (6)--(i) in subparagraph (B), by striking ``and''at the end;(ii) in subparagraph (C), by striking theperiod at the end and inserting ``; and''; and(iii) by adding at the end the following:``(D) to calculate annually the average time takenby the lead agency to complete all environmentaldocuments for each project during the previous fiscalyear.''; and(B) by adding at the end the following:``(7) Process improvements for projects.--``(A) <>In general.--The Secretaryshall review--``(i) existing practices, procedures, rules,regulations, and applicable laws to identifyimpediments to meeting the requirements applicableto projects under this section; and[[Page 135 STAT. 527]]``(ii) best practices, programmaticagreements, and potential changes to internaldepartmental procedures that would facilitate anefficient environmental review process forprojects.``(B) Consultation.--In conducting the review undersubparagraph (A), the Secretary shall consult, asappropriate, with the heads of other Federal agenciesthat participate in the environmental review process.``(C) Report.--Not later than 2 years after the dateof enactment of the Surface TransportationReauthorization Act of 2021, the Secretary shall submitto the Committee on Environment and Public Works of theSenate and the Committee on Transportation andInfrastructure of the House of Representatives a reportthat includes--``(i) the results of the review undersubparagraph (A); and``(ii) <>an analysis ofwhether additional funding would help theSecretary meet the requirements applicable toprojects under this section.'';(5) in subsection (d)--(A) in paragraph (8)--(i) in the paragraph heading, by striking``NEPA'' and inserting ``environmental'';(ii) in subparagraph (A)--(I) by inserting ``and except asprovided in subparagraph (D)'' after``paragraph (7)'';(II) by striking ``permits'' andinserting ``authorizations''; and(III) by striking ``singleenvironment document'' and inserting``single environmental document for eachkind of environmental document'';(iii) in subparagraph (B)(i)--(I) by striking ``an environmentaldocument'' and inserting ``environmentaldocuments''; and(II) by striking ``permits issued''and inserting ``authorizations''; and(iv) by adding at the end the following:``(D) <>Exceptions.--Thelead agency may waive the application of subparagraph(A) with respect to a project if--``(i) the project sponsor requests thatagencies issue separate environmental documents;``(ii) the obligations of a cooperating agencyor participating agency under the NationalEnvironmental Policy Act of 1969 (42 U.S.C. 4321et seq.) have already been satisfied with respectto the project; or``(iii) <>the leadagency determines that reliance on a singleenvironmental document (as described insubparagraph (A)) would not facilitate timelycompletion of the environmental review process forthe project.''; and(B) by adding at the end the following:``(10) Timely authorizations for major projects.--``(A) Deadline.--Except as provided in subparagraph(C), all authorization decisions necessary for theconstruction of a major project shall be completed bynot later[[Page 135 STAT. 528]] than 90 days after the date of the issuance of a recordof decision for the major project.``(B) Detail.--The final environmental impactstatement for a major project shall include an adequatelevel of detail to inform decisions necessary for therole of the participating agencies and cooperatingagencies in the environmental review process.``(C) Extension of deadline.--The head of the leadagency may extend the deadline under subparagraph (A)if--``(i) Federal law prohibits the lead agency oranother agency from issuing an approval or permitwithin the period described in that subparagraph;``(ii) the project sponsor requests that thepermit or approval follow a different timeline; or``(iii) an extension would facilitatecompletion of the environmental review andauthorization process of the major project.'';(6) in subsection (g)(1)--(A) in subparagraph (B)--(i) in clause (ii)(IV), by striking ``schedulefor and cost of'' and inserting ``time required byan agency to conduct an environmental review andmake decisions under applicable Federal lawrelating to a project (including the issuance ordenial of a permit or license) and the cost of'';and(ii) by adding at the end the following:``(iii) <>Major projectschedule.--To the maximum extent practicable andconsistent with applicable Federal law, in thecase of a major project, the lead agency shalldevelop, in concurrence with the project sponsor,a schedule for the major project that isconsistent with an agency average of not more than2 years for the completion of the environmentalreview process for major projects, as measuredfrom, as applicable--``(I) the date of publication of anotice of intent to prepare anenvironmental impact statement to therecord of decision; or``(II) <>thedate on which the head of the leadagency determines that an environmentalassessment is required to a finding ofno significant impact.'';(B) by striking subparagraph (D) and inserting thefollowing:``(D) Modification.--``(i) In general.--Except as provided inclause (ii), the lead agency may lengthen orshorten a schedule established under subparagraph(B) for good cause.``(ii) Exceptions.--``(I) <>Majorprojects.--In the case of a majorproject, the lead agency may lengthen aschedule under clause (i) for acooperating Federal agency by not morethan 1 year after the latest deadlineestablished for the major project by thelead agency.``(II) Shortened schedules.--Thelead agency may not shorten a scheduleunder clause[[Page 135 STAT. 529]](i) if doing so would impair the abilityof a cooperating Federal agency toconduct necessary analyses or otherwisecarry out relevant obligations of theFederal agency for the project.'';(C) by redesignating subparagraph (E) assubparagraph (F); and(D) by inserting after subparagraph (D) thefollowing:``(E) Failure to meet deadline.--If a cooperatingFederal agency fails to meet a deadline establishedunder subparagraph (D)(ii)(I)--``(i) <>the cooperatingFederal agency shall submit to the Secretary areport that describes the reasons why the deadlinewas not met; and``(ii) the Secretary shall--``(I) <>transmitto the Committee on Environment andPublic Works of the Senate and theCommittee on Transportation andInfrastructure of the House ofRepresentatives a copy of the reportunder clause (i); and``(II) <>make thereport under clause (i) publiclyavailable on the internet.'';(7) in subsection (n), by adding at the end the following:``(3) Length of environmental document.--``(A) In general.--Notwithstanding any otherprovision of law and except as provided in subparagraph(B), to the maximum extent practicable, the text of theitems described in paragraphs (4) through (6) of section1502.10(a) of title 40, Code of Federal Regulations (orsuccessor regulations), of an environmental impactstatement for a project shall be 200 pages or fewer.``(B) Exemption.--An environmental impact statementfor a project may exceed 200 pages, if the lead agencyestablishes a new page limit for the environmentalimpact statement for that project.''; and(8) by adding at the end the following: ``(p) Accountability and Reporting for Major Projects.--``(1) In general.--The Secretary shall establish aperformance accountability system to track each major project.``(2) Requirements.--The performance accountability systemunder paragraph (1) shall, for each major project, track, at aminimum--``(A) the environmental review process for the majorproject, including the project schedule;``(B) whether the lead agency, cooperating agencies,and participating agencies are meeting the scheduleestablished for the environmental review process; and``(C) the time taken to complete the environmentalreview process. ``(q) Development of Categorical Exclusions.--``(1) <>In general.--Notlater than 60 days after the date of enactment of thissubsection, and every 4 years thereafter, the Secretary shall--``(A) <>in consultation withthe agencies described in paragraph (2), identify thecategorical exclusions described in section 771.117 oftitle 23, Code of Federal Regulations (or successorregulations), that would accelerate delivery[[Page 135 STAT. 530]] of a project if those categorical exclusions wereavailable to those agencies;``(B) collect existing documentation andsubstantiating information on the categorical exclusionsdescribed in subparagraph (A); and``(C) provide to each agency described in paragraph(2)--``(i) <>a list of thecategorical exclusions identified undersubparagraph (A); and``(ii) the documentation and substantiatinginformation under subparagraph (B).``(2) Agencies described.--The agencies referred to inparagraph (1) are--``(A) the Department of the Interior;``(B) the Department of the Army;``(C) the Department of Commerce;``(D) the Department of Agriculture;``(E) the Department of Energy;``(F) the Department of Defense; and``(G) any other Federal agency that has participatedin an environmental review process for a project, asdetermined by the Secretary.``(3) Adoption of categorical exclusions.--``(A) <>In general.--Not later than 1 year after the date onwhich the Secretary provides a list under paragraph(1)(C), an agency described in paragraph (2) shallpublish a notice of proposed rulemaking to propose anycategorical exclusions from the list applicable to theagency, subject to the condition that the categoricalexclusion identified under paragraph (1)(A) meets thecriteria for a categorical exclusion under section1508.1 of title 40, Code of Federal Regulations (orsuccessor regulations).``(B) Public comment.--In a notice of proposedrulemaking under subparagraph (A), the applicable agencymay solicit comments on whether any of the proposed newcategorical exclusions meet the criteria for acategorical exclusion under section 1508.1 of title 40,Code of Federal Regulations (or successorregulations).''. (b) Clerical Amendment.--The analysis for chapter 1 of title 23, United States Code, <>is amended by striking the item relating to section 139 and inserting the following:``139. Efficient environmental reviews for project decisionmaking andOne Federal Decision.''.SEC. 11302. <>WORK ZONEPROCESS REVIEWS. The Secretary shall amend section 630.1008(e) of title 23, Code of Federal Regulations, to ensure that the work zone process review under that subsection is required not more frequently than once every 5 years.SEC. 11303. <>TRANSPORTATION MANAGEMENT PLANS. (a) In General.--The Secretary shall amend section 630.1010(c) of title 23, Code of Federal Regulations, to ensure that only a project described in that subsection with a lane closure for 3 or more consecutive days shall be considered to be a significant project for purposes of that section.[[Page 135 STAT. 531]] (b) Non-Interstate Projects.--Notwithstanding any other provision of law, a State shall not be required to develop or implement a transportation management plan (as described in section 630.1012 of title 23, Code of Federal Regulations (or successor regulations)) for a highway project not on the Interstate System if the project requires not more than 3 consecutive days of lane closures.SEC. 11304. <>INTELLIGENT TRANSPORTATIONSYSTEMS. (a) In General.--The Secretary shall develop guidance for using existing flexibilities with respect to the systems engineering analysis described in part 940 of title 23, Code of Federal Regulations (or successor regulations). (b) Implementation.--The Secretary shall ensure that any guidance developed under subsection (a)--(1) <>clearly identifies criteria forlow-risk and exempt intelligent transportation systems projects,with a goal of minimizing unnecessary delay or paperwork burden;(2) is consistently implemented by the Departmentnationwide; and(3) is disseminated to Federal-aid recipients. (c) Savings Provision.--Nothing in this section prevents the Secretary from amending part 940 of title 23, Code of Federal Regulations (or successor regulations), to reduce State administrative burdens.SEC. 11305. ALTERNATIVE CONTRACTING METHODS. (a) Alternative Contracting Methods for Federal Land Management Agencies and Tribal Governments.--Section 201 of title 23, United States Code, is amended by adding at the end the following: ``(f) Alternative Contracting Methods.--``(1) In general.--Notwithstanding any other provision oflaw (including the Federal Acquisition Regulation), acontracting method available to a State under this title may beused by the Secretary, on behalf of--``(A) a Federal land management agency, in using anyfunds pursuant to section 203, 204, or 308;``(B) a Federal land management agency, in using anyfunds pursuant to section 1535 of title 31 for any ofthe eligible uses described in sections 203(a)(1) and204(a)(1) and paragraphs (1) and (2) of section 308(a);or``(C) a Tribal government, in using funds pursuantto section 202(b)(7)(D).``(2) Methods described.--The contracting methods referredto 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 contractingmethods carried out by the Secretary.``(3) Effect.--Nothing in this subsection--``(A) affects the application of the Federal sharefor the project carried out with a contracting methodunder this subsection; or[[Page 135 STAT. 532]]``(B) modifies the point of obligation of Federalsalaries and expenses.''. (b) Cooperation With Federal and State Agencies and Foreign Countries.--Section 308(a) of title 23, United States Code, is amended by adding at the end the following:``(4) Alternative contracting methods.--``(A) In general.--Notwithstanding any otherprovision of law (including the Federal AcquisitionRegulation), in performing services under paragraph (1),the Secretary may use any contracting method availableto a State under this title.``(B) Methods described.--The contracting methodsreferred to in subparagraph (A) shall include, at aminimum--``(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 betested, under an experimental program relating tocontracting methods carried out by theSecretary.''. (c) <>Use of Alternative Contracting Methods.--In carrying out an alternative contracting method under section 201(f) or 308(a)(4) of title 23, United States Code, the Secretary shall--(1) <>in consultationwith the applicable Federal land management agencies, establishclear procedures that are--(A) applicable to the alternative contractingmethod; and(B) to the maximum extent practicable, consistentwith the requirements applicable to Federal procurementtransactions;(2) solicit input on the use of the alternative contractingmethod from the affected industry prior to using the method; and(3) <>analyze and prepare anevaluation of the use of the alternative contracting method.SEC. 11306. FLEXIBILITY FOR PROJECTS. Section 1420 of the FAST Act (23 U.S.C. 101 note; Public Law 114-94) is amended--(1) <>in subsection (a), by striking``and on request by a State, the Secretary may'' in the matterpreceding paragraph (1) and all that follows through the periodat the end of paragraph (2) and inserting the following: ``, onrequest by a State, and if in the public interest (as determinedby the Secretary), the Secretary shall exercise all existingflexibilities under--``(1) the requirements of title 23, United States Code; and``(2) other requirements administered by the Secretary, inwhole or in part.''; and(2) in subsection (b)(2)(A), by inserting ``(includingregulations)'' after ``environmental law''.SEC. 11307. IMPROVED FEDERAL-STATE STEWARDSHIP AND OVERSIGHTAGREEMENTS. (a) <>Definition of Template.--In this section, the term ``template'' means a template created by the Secretary for Federal-State stewardship and oversight agreements that--[[Page 135 STAT. 533]](1) includes all standard terms found in stewardship andoversight agreements, including any terms in an attachment tothe agreement;(2) is developed in accordance with section 106 of title 23,United States Code, or any other applicable authority; and(3) may be developed with consideration of relevantregulations, guidance, or policies. (b) Request for Comment.--(1) <>In general.--Not later than 60days after the date of enactment of this Act, the Secretaryshall publish in the Federal Register the template and a noticerequesting public comment on ways to improve the template.(2) Comment period.--The Secretary shall provide a period ofnot less than 60 days for public comment on the notice underparagraph (1).(3) Certain issues.--The notice under paragraph (1) shallallow comment on any aspect of the template and shallspecifically request public comment on--(A) whether the template should be revised to deletestandard terms requiring approval by the Secretary ofthe policies, procedures, processes, or manuals of theStates, or other State actions, if Federal law(including regulations) does not specifically require anapproval;(B) opportunities to modify the template to allowadjustments to the review schedules for State practicesor actions, including through risk-based approaches,program reviews, process reviews, or other means; and(C) any other matters that the Secretary determinesto be appropriate. (c) Notice of Action; Updates.--(1) <>Ingeneral.--Not later than 1 year after the date of enactment ofthis Act, after considering the comments received in response tothe Federal Register notice under subsection (b), the Secretaryshall publish in the Federal Register a notice that--(A) describes any proposed changes to be made, andany alternatives to such changes, to the template;(B) addresses comments in response to which changeswere not made to the template; and(C) <>prescribes a scheduleand a plan to execute a process for implementing thechanges referred to in subparagraph (A).(2) Approval requirements.--In addressing comments underparagraph (1)(B), the Secretary shall include an explanation ofthe basis for retaining any requirement for approval of Statepolicies, procedures, processes, or manuals, or other Stateactions, if Federal law (including regulations) does notspecifically require the approval.(3) <>Implementation.--(A) In general.--Not later than 60 days after thedate on which the notice under paragraph (1) ispublished, the Secretary shall make changes to thetemplate in accordance with--(i) the changes described in the notice underparagraph (1)(A); and[[Page 135 STAT. 534]](ii) the schedule and plan described in thenotice under paragraph (1)(C).(B) Updates.--Not later than 1 year after the dateon which the revised template under subparagraph (A) ispublished, the Secretary shall update existingagreements with States according to the template updatedunder subparagraph (A). (d) Inclusion of Non-standard Terms.--Nothing in this section precludes the inclusion in a Federal-State stewardship and oversight agreement of non-standard terms to address a State-specific matter, including risk-based stewardship and Department oversight involvement in individual projects of division interest. (e) Compliance With Non-statutory Terms.--(1) In general.--The Secretary shall not enforce orotherwise require a State to comply with approval requirementsthat are not required by Federal law (including regulations) ina Federal-State stewardship and oversight agreement.(2) Approval authority.--Notwithstanding any other provisionof law, the Secretary shall not assert approval authority overany matter in a Federal-State stewardship and oversightagreement reserved to States. (f) Frequency of Reviews.--Section 106(g)(3) of title 23, United States Code, is amended--(1) by striking ``annual'';(2) by striking ``The Secretary'' and inserting thefollowing:``(A) In general.--The Secretary''; and(3) by adding at the end the following:``(B) <>Frequency.--``(i) In general.--Except as provided inclauses (ii) and (iii), the Secretary shall carryout a review under subparagraph (A) not lessfrequently than once every 2 years.``(ii) Consultation with state.--TheSecretary, after consultation with a State, maymake a determination to carry out a review undersubparagraph (A) for that State less frequentlythan provided under clause (i).``(iii) Cause.--If the Secretary determinesthat there is a specific reason to require areview more frequently than provided under clause(i) with respect to a State, the Secretary maycarry out a review more frequently than providedunder that clause.''.SEC. 11308. <>GEOMATIC DATA. (a) In General.--The Secretary shall develop guidance for the acceptance and use of information obtained from a non-Federal entity through geomatic techniques, including remote sensing and land surveying, cartography, geographic information systems, global navigation satellite systems, photogrammetry, or other remote means. (b) Considerations.--In carrying out this section, the Secretary shall ensure that acceptance or use of information described in subsection (a) meets the data quality and operational requirements of the Secretary. (c) Public Comment.--Before issuing any final guidance under subsection (a), the Secretary shall provide to the public--(1) <>notice of the proposed guidance; and[[Page 135 STAT. 535]](2) an opportunity to comment on the proposed guidance. (d) Savings Clause.--Nothing in this section--(1) requires the Secretary to accept or use information thatthe Secretary determines does not meet the guidance developedunder this section; or(2) changes the current statutory or regulatory requirementsof the Department.SEC. 11309. EVALUATION OF PROJECTS WITHIN AN OPERATIONAL RIGHT-OF- WAY. (a) In General.--Chapter 3 of title 23, United States Code, is amended by adding at the end the following:``Sec. 331. <>Evaluation of projects withinan operational right-of-way ``(a) Definitions.--``(1) Eligible project or activity.--``(A) In general.--In this section, the term`eligible project or activity' means a project oractivity within an existing operational right-of-way (asdefined in section 771.117(c)(22) of title 23, Code ofFederal Regulations (or successor regulations))--``(i)(I) eligible for assistance under thistitle; or``(II) administered as if made available underthis title;``(ii) that is--``(I) a preventive maintenance,preservation, or highway safetyimprovement project (as defined insection 148(a)); or``(II) a new turn lane that theState advises in writing to theSecretary would assist public safety;and``(iii) that--``(I) is classified as a categoricalexclusion under section 771.117 of title23, Code of Federal Regulations (orsuccessor regulations); or``(II) if the project or activitydoes not receive assistance described inclause (i) would be considered acategorical exclusion if the project oractivity received assistance describedin clause (i).``(B) Exclusion.--The term `eligible project oractivity' does not include a project to create a newtravel lane.``(2) Preliminary evaluation.--The term `preliminaryevaluation', with respect to an application described insubsection (b)(1), means an evaluation that is customary orpracticable for the relevant agency to complete within a 45-dayperiod for similar applications.``(3) Relevant agency.--The term `relevant agency' means aFederal agency, other than the Federal Highway Administration,with responsibility for review of an application from a Statefor a permit, approval, or jurisdictional determination for aneligible project or activity. ``(b) Action Required.--``(1) <>In general.--Subject to paragraph(2), not later than 45 days after the date of receipt of anapplication by a State for a permit, approval, or jurisdictionaldetermination for an[[Page 135 STAT. 536]]eligible project or activity, the head of the relevant agencyshall--``(A) <>make at least apreliminary evaluation of the application; and``(B) <>notify the State ofthe results of the preliminary evaluation undersubparagraph (A).``(2) <>Extension.--The head of therelevant agency may extend the review period under paragraph (1)by not more than 30 days if the head of the relevant agencyprovides to the State written notice that includes anexplanation of the need for the extension.``(3) Failure to act.--If the head of the relevant agencyfails to meet a deadline under paragraph (1) or (2), asapplicable, the head of the relevant agency shall--``(A) <>not later than 30 daysafter the date of the missed deadline, submit to theState, the Committee on Environment and Public Works ofthe Senate, and the Committee on Transportation andInfrastructure of the House of Representatives a reportthat describes why the deadline was missed; and``(B) <>not later than 14 days after thedate on which a report is submitted under subparagraph(A), make publicly available, including on the internet,a copy of that report.''. (b) Clerical Amendment.--The analysis for chapter 3 of title 23, United States Code, <>is amended by adding at the end the following:``331. Evaluation of projects within an operational right-of-way.''.SEC. 11310. PRELIMINARY ENGINEERING. (a) In General.--Section 102 of title 23, United States Code, is amended--(1) by striking subsection (b); and(2) in subsection (a), in the second sentence, by striking``Nothing in this subsection'' and inserting the following: ``(b) Savings Provision.--Nothing in this section''. (b) Conforming Amendment.--Section 144(j) of title 23, United States Code, is amended by striking paragraph (6).SEC. 11311. EFFICIENT IMPLEMENTATION OF NEPA FOR FEDERAL LANDMANAGEMENT PROJECTS. Section 203 of title 23, United States Code, is amended by adding at the end the following: ``(e) Efficient Implementation of NEPA.--``(1) Definitions.--In this subsection:``(A) Environmental document.--The term`environmental document' means an environmental impactstatement, environmental assessment, categoricalexclusion, or other document prepared under the NationalEnvironmental Policy Act of 1969 (42 U.S.C. 4321 etseq.).``(B) Project.--The term `project' means a highwayproject, public transportation capital project, ormultimodal project that--``(i) receives funds under this title; and``(ii) is authorized under this section orsection 204.[[Page 135 STAT. 537]]``(C) Project sponsor.--The term `project sponsor'means the Federal land management agency that seeks orreceives funds under this title for a project.``(2) Environmental review to be completed by federalhighway administration.--The Federal Highway Administration mayprepare an environmental document pursuant to the implementingprocedures of the Federal Highway Administration to comply withthe requirements of the National Environmental Policy Act of1969 (42 U.S.C. 4321 et seq.) if--``(A) requested by a project sponsor; and``(B) all areas of analysis required by the projectsponsor can be addressed.``(3) Federal land management agencies adoption of existingenvironmental review documents.--``(A) In general.--To the maximum extentpracticable, if the Federal Highway Administrationprepares an environmental document pursuant to paragraph(2), that environmental document shall address all areasof analysis required by a Federal land managementagency.``(B) Independent evaluation.--Notwithstanding anyother provision of law, a Federal land management agencyshall not be required to conduct an independentevaluation to determine the adequacy of an environmentaldocument prepared by the Federal Highway Administrationpursuant to paragraph (2).``(C) Use of same document.--In authorizing orimplementing a project, a Federal land management agencymay use an environmental document previously prepared bythe Federal Highway Administration for a projectaddressing the same or substantially the same action tothe same extent that the Federal land management agencycould adopt or use a document previously prepared byanother Federal agency.``(4) Application by federal land management agencies ofcategorical exclusions established by federal highwayadministration.--In carrying out requirements under the NationalEnvironmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) for aproject, the project sponsor may use categorical exclusionsdesignated under that Act in the implementing regulations of theFederal Highway Administration, subject to the conditions that--``(A) <>the project sponsor makes a determination, inconsultation with the Federal Highway Administration,that the categorical exclusion applies to the project;``(B) the project satisfies the conditions for acategorical exclusion under the National EnvironmentalPolicy Act of 1969 (42 U.S.C. 4321 et seq.); and``(C) the use of the categorical exclusion does nototherwise conflict with the implementing regulations ofthe project sponsor, except any list of the projectsponsor that designates categorical exclusions.``(5) Mitigation commitments.--The Secretary shall assistthe Federal land management agency with all design andmitigation commitments made jointly by the Secretary and theproject sponsor in any environmental document prepared by theSecretary in accordance with this subsection.''.[[Page 135 STAT. 538]]SEC. 11312. NATIONAL ENVIRONMENTAL POLICY ACT OF 1969 REPORTINGPROGRAM. (a) In General.--Chapter 1 of title 23, United States Code, is amended by inserting after section 156 the following:``Sec. 157. <>National Environmental PolicyAct of 1969 reporting program ``(a) Definitions.--In this section:``(1) Categorical exclusion.--The term `categoricalexclusion' has the meaning given the term in section 771.117(c)of title 23, Code of Federal Regulations (or a successorregulation).``(2) Documented categorical exclusion.--The term`documented categorical exclusion' has the meaning given theterm in section 771.117(d) of title 23, Code of FederalRegulations (or a successor regulation).``(3) Environmental assessment.--The term `environmentalassessment' has the meaning given the term in section 1508.1 oftitle 40, Code of Federal Regulations (or a successorregulation).``(4) Environmental impact statement.--The term`environmental impact statement' means a detailed statementrequired under section 102(2)(C) of the National EnvironmentalPolicy Act of 1969 (42 U.S.C. 4332(2)(C)).``(5) Federal agency.--The term `Federal agency' includes aState that has assumed responsibility under section 327.``(6) NEPA process.--The term `NEPA process' means theentirety of the development and documentation of the analysisrequired under the National Environmental Policy Act of 1969 (42U.S.C. 4321 et seq.), including the assessment and analysis ofany impacts, alternatives, and mitigation of a proposed action,and any interagency participation and public involvementrequired to be carried out before the Secretary undertakes aproposed action.``(7) Proposed action.--The term `proposed action' means anaction (within the meaning of the National Environmental PolicyAct of 1969 (42 U.S.C. 4321 et seq.)) under this title that theSecretary proposes to carry out.``(8) Reporting period.--The term `reporting period' meansthe fiscal year prior to the fiscal year in which a report isissued under subsection (b).``(9) Secretary.--The term `Secretary' includes the governoror head of an applicable State agency of a State that hasassumed responsibility under section 327. ``(b) Report on NEPA Data.--``(1) In general.--The Secretary shall carry out a processto track, and annually submit to the Committee on Environmentand Public Works of the Senate and the Committee onTransportation and Infrastructure of the House ofRepresentatives a report containing, the information describedin paragraph (3).``(2) Time to complete.--For purposes of paragraph (3), theNEPA process--``(A) for an environmental impact statement--``(i) <>begins on the date onwhich the Notice of Intent is published in theFederal Register; and[[Page 135 STAT. 539]]``(ii) <>ends on the date onwhich the Secretary issues a record of decision,including, if necessary, a revised record ofdecision; and``(B) <>for anenvironmental assessment--``(i) begins on the date on which theSecretary makes a determination to prepare anenvironmental assessment; and``(ii) ends on the date on which the Secretaryissues a finding of no significant impact ordetermines that preparation of an environmentalimpact statement is necessary.``(3) Information described.--The information referred to inparagraph (1) is, with respect to the Department ofTransportation--``(A) the number of proposed actions for which acategorical exclusion was issued during the reportingperiod;``(B) the number of proposed actions for which adocumented categorical exclusion was issued by theDepartment of Transportation during the reportingperiod;``(C) the number of proposed actions pending on thedate on which the report is submitted for which theissuance of a documented categorical exclusion by theDepartment of Transportation is pending;``(D) the number of proposed actions for which anenvironmental assessment was issued by the Department ofTransportation during the reporting period;``(E) the length of time the Department ofTransportation took to complete each environmentalassessment described in subparagraph (D);``(F) the number of proposed actions pending on thedate on which the report is submitted for which anenvironmental assessment is being drafted by theDepartment of Transportation;``(G) the number of proposed actions for which anenvironmental impact statement was completed by theDepartment of Transportation during the reportingperiod;``(H) the length of time that the Department ofTransportation took to complete each environmentalimpact statement described in subparagraph (G);``(I) the number of proposed actions pending on thedate on which the report is submitted for which anenvironmental impact statement is being drafted; and``(J) for the proposed actions reported undersubparagraphs (F) and (I), the percentage of thoseproposed actions for which--``(i) funding has been identified; and``(ii) all other Federal, State, and localactivities that are required to allow the proposedaction to proceed are completed.''. (b) Clerical Amendment.--The analysis for chapter 1 of title 23, United States Code, <>is amended by inserting after the item relating to section 156 the following:``157. National Environmental Policy Act of 1969 reporting program.''.SEC. 11313. SURFACE TRANSPORTATION PROJECT DELIVERY PROGRAMWRITTEN AGREEMENTS. Section 327 of title 23, United States Code, is amended--[[Page 135 STAT. 540]](1) in subsection (a)(2)(G), by inserting ``, including thepayment of fees awarded under section 2412 of title 28'' beforethe period at the end;(2) in subsection (c)--(A) by striking paragraph (5) and inserting thefollowing:``(5) except as provided under paragraph (7), have a term ofnot more than 5 years;'';(B) in paragraph (6), by striking the period at theend and inserting ``; and''; and(C) by adding at the end the following:``(7) <>for any State that hasparticipated in a program under this section (or under apredecessor program) for at least 10 years, have a term of 10years.'';(3) in subsection (g)(1)--(A) in subparagraph (B), by striking ``and'' at theend;(B) in subparagraph (C), by striking ``annual'';(C) by redesignating subparagraph (C) assubparagraph (D); and(D) by inserting after subparagraph (B) thefollowing:``(C) <>in the case ofan agreement period of greater than 5 years pursuant tosubsection (c)(7), conduct an audit covering the first 5years of the agreement period; and''; and(4) by adding at the end the following: ``(m) Agency Deemed to Be Federal Agency.--A State agency that is assigned a responsibility under an agreement under this section shall be deemed to be an agency for the purposes of section 2412 of title 28.''.SEC. 11314. <> STATE ASSUMPTION OFRESPONSIBILITY FOR CATEGORICALEXCLUSIONS. Section 326(c)(3) of title 23, United States Code, is amended--(1) by striking subparagraph (A) and inserting thefollowing:``(A) except as provided under subparagraph (C),shall have a term of not more than 3 years;'';(2) in subparagraph (B), by striking the period at the endand inserting ``; and''; and(3) by adding at the end the following:``(C) shall have a term of 5 years, in the case of aState that has assumed the responsibility forcategorical exclusions under this section for not fewerthan 10 years.''.SEC. 11315. EARLY UTILITY RELOCATION PRIOR TO TRANSPORTATIONPROJECT ENVIRONMENTAL REVIEW. Section 123 of title 23, United States Code, is amended to read as follows:``Sec. 123. Relocation of utility facilities ``(a) Definitions.--In this section:``(1) Cost of relocation.--The term `cost of relocation'includes the entire amount paid by a utility properlyattributable to the relocation of a utility facility, minus anyincrease in the value of the new facility and any salvage valuederived from the old facility.``(2) Early utility relocation project.--The term `earlyutility relocation project' means utility relocation activities[[Page 135 STAT. 541]]identified by the State for performance before completion of theenvironmental review process for the transportation project.``(3) Environmental review process.--The term `environmentalreview process' has the meaning given the term in section139(a).``(4) Transportation project.--The term `transportationproject' means a project.``(5) Utility facility.--The term `utility facility' meansany privately, publicly, or cooperatively owned line, facility,or system for producing, transmitting, or distributingcommunications, power, electricity, light, heat, gas, oil, crudeproducts, water, steam, waste, stormwater not connected withhighway drainage, or any other similar commodity, including anyfire or police signal system or street lighting system, thatdirectly or indirectly serves the public.``(6) Utility relocation activity.--The term `utilityrelocation activity' means an activity necessary for therelocation of a utility facility, including preliminary andfinal design, surveys, real property acquisition, materialsacquisition, and construction. ``(b) Reimbursement to States.--``(1) In general.--If a State pays for the cost ofrelocation of a utility facility necessitated by theconstruction of a transportation project, Federal funds may beused to reimburse the State for the cost of relocation in thesame proportion as Federal funds are expended on thetransportation project.``(2) Limitation.--Federal funds shall not be used toreimburse a State under this section if the payment to theutility--``(A) violates the law of the State; or``(B) violates a legal contract between the utilityand the State.``(3) Requirement.--A reimbursement under paragraph (1)shall be made only if the State demonstrates to the satisfactionof the Secretary that the State paid the cost of the utilityrelocation activity from funds of the State with respect totransportation projects for which Federal funds are obligatedsubsequent to April 16, 1958, for work, including utilityrelocation activities.``(4) Reimbursement eligibility for early relocation priorto transportation project environmental review process.--``(A) In general.--In addition to the requirementsunder paragraphs (1) through (3), a State may carry out,at the expense of the State, an early utility relocationproject for a transportation project before completionof the environmental review process for thetransportation project.``(B) Requirements for reimbursement.--Fundsapportioned to a State under this title may be used topay the costs incurred by the State for an early utilityrelocation project only if the State demonstrates to theSecretary, and the Secretary finds that--``(i) the early utility relocation project isnecessary to accommodate a transportation project;[[Page 135 STAT. 542]]``(ii) the State provides adequatedocumentation to the Secretary of eligible costsincurred by the State for the early utilityrelocation project;``(iii) before the commencement of the utilityrelocation activities, an environmental reviewprocess was completed for the early utilityrelocation project that resulted in a finding thatthe early utility relocation project--``(I) would not result insignificant adverse environmentalimpacts; and``(II) <>wouldcomply with other applicable Federalenvironmental requirements;``(iv) the early utility relocation projectdid not influence--``(I) the environmental reviewprocess for the transportation project;``(II) the decision relating to theneed to construct the transportationproject; or``(III) the selection of thetransportation project design orlocation;``(v) <>the early utilityrelocation project complies with all applicableprovisions of law, including regulations issuedpursuant to this title;``(vi) the early utility relocation projectfollows applicable financial procedures andrequirements, including documentation of eligiblecosts and the requirements under section 109(l),but not including requirements applicable toauthorization and obligation of Federal funds;``(vii) the transportation project for whichthe early utility relocation project wasnecessitated was included in the applicabletransportation improvement program under section134 or 135;``(viii) before the cost incurred by a Stateis approved for Federal participation,environmental compliance pursuant to the NationalEnvironmental Policy Act of 1969 (42 U.S.C. 4321et seq.) has been completed for the transportationproject for which the early utility relocationproject was necessitated; and``(ix) the transportation project thatnecessitated the utility relocation activity isapproved for construction.``(C) Savings provision.--Nothing in this paragraphaffects other eligibility requirements or authoritiesfor Federal participation in payment of costs incurredfor utility relocation activities. ``(c) Applicability of Other Provisions.--Nothing in this section affects the applicability of other requirements that would otherwise apply to an early utility relocation project, including any applicable requirements under--``(1) section 138;``(2) the Uniform Relocation Assistance and Real PropertyAcquisition Policies Act of 1970 (42 U.S.C. 4601 et seq.),including regulations under part 24 of title 49, Code of FederalRegulations (or successor regulations);``(3) title VI of the Civil Rights Act of 1964 (42 U.S.C.2000d et seq.); or[[Page 135 STAT. 543]]``(4) an environmental review process.''.SEC. 11316. STREAMLINING OF SECTION 4(F) REVIEWS. Section 138(a) of title 23, United States Code, is amended--(1) in the fourth sentence, by striking ``In carrying out''and inserting the following:``(4) Studies.--In carrying out'';(2) in the third sentence--(A) by striking ``such land, and (2) such program''and inserting the following: ``the land; and``(B) the program'';(B) by striking ``unless (1) there is'' andinserting the following: ``unless--``(A) there is''; and(C) by striking ``After the'' and inserting thefollowing:``(3) Requirement.--After the'';(3) in the second sentence--(A) by striking ``The Secretary of Transportation''and inserting the following:``(2) Cooperation and consultation.--``(A) In general.--The Secretary''; and(B) by adding at the end the following:``(B) Timeline for approvals.--``(i) In general.--The Secretary shall--``(I) provide an evaluation underthis section to the Secretariesdescribed in subparagraph (A); and``(II) provide a period of 30 daysfor receipt of comments.``(ii) <>Assumedacceptance.--If the Secretary does not receivecomments by 15 days after the deadline underclause (i)(II), the Secretary shall assume a lackof objection and proceed with the action.``(C) Effect.--Nothing in subparagraph (B) affects--``(i) the requirements under--``(I) subsections (b) through (f);or``(II) the consultation processunder section 306108 of title 54; or``(ii) programmatic section 4(f) evaluations,as described in regulations issued by theSecretary.''; and(4) in the first sentence, by striking ``It is declared tobe'' and inserting the following:``(1) In general.--It is''.SEC. 11317. CATEGORICAL EXCLUSION FOR PROJECTS OF LIMITED FEDERALASSISTANCE. Section 1317(1) of MAP-21 (23 U.S.C. 109 note; Public Law 112-141) is amended--(1) in subparagraph (A), by striking ``$5,000,000'' andinserting ``$6,000,000''; and(2) in subparagraph (B), by striking ``$30,000,000'' andinserting ``$35,000,000''.SEC. 11318. <>CERTAIN GATHERING LINESLOCATED ON FEDERAL LAND AND INDIANLAND. (a) Definitions.--In this section:(1) Federal land.--[[Page 135 STAT. 544]](A) In general.--The term ``Federal land'' meansland the title to which is held by the United States.(B) Exclusions.--The term ``Federal land'' does notinclude--(i) a unit of the National Park System;(ii) a unit of the National Wildlife RefugeSystem;(iii) a component of the National WildernessPreservation System;(iv) a wilderness study area within theNational Forest System; or(v) Indian land.(2) Gathering line and associated field compression orpumping unit.--(A) In general.--The term ``gathering line andassociated field compression or pumping unit'' means--(i) a pipeline that is installed to transportoil, natural gas and related constituents, orproduced water from 1 or more wells drilled andcompleted to produce oil or gas; and(ii) if necessary, 1 or more compressors orpumps to raise the pressure of the transportedoil, natural gas and related constituents, orproduced water to higher pressures necessary toenable the oil, natural gas and relatedconstituents, or produced water to flow intopipelines and other facilities.(B) Inclusions.--The term ``gathering line andassociated field compression or pumping unit'' includesa pipeline or associated compression or pumping unitthat is installed to transport oil or natural gas from aprocessing plant to a common carrier pipeline orfacility.(C) Exclusions.--The term ``gathering line andassociated field compression or pumping unit'' does notinclude a common carrier pipeline.(3) Indian land.--The term ``Indian land'' means land thetitle to which is held by--(A) the United States in trust for an Indian Tribeor an individual Indian; or(B) an Indian Tribe or an individual Indian subjectto a restriction by the United States againstalienation.(4) Produced water.--The term ``produced water'' means waterproduced from an oil or gas well bore that is not a fluidprepared at, or transported to, the well site to resolve aspecific oil or gas well bore or reservoir condition.(5) Secretary.--The term ``Secretary'' means the Secretaryof the Interior. (b) Certain Gathering Lines.--(1) In general.--Subject to paragraph (2), the issuance of asundry notice or right-of-way for a gathering line andassociated field compression or pumping unit that is located onFederal land or Indian land and that services any oil or gaswell may be considered by the Secretary to be an action that iscategorically excluded (as defined in section 1508.1 of title40, Code of Federal Regulations (as in effect on the date ofenactment of this Act)) for purposes of the NationalEnvironmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) if thegathering line and associated field compression or pumpingunit--[[Page 135 STAT. 545]](A) are within a field or unit for which an approvedland use plan or an environmental document preparedpursuant to the National Environmental Policy Act of1969 (42 U.S.C. 4321 et seq.) analyzed transportation ofoil, natural gas, or produced water from 1 or more oilor gas wells in the field or unit as a reasonablyforeseeable activity;(B) are located adjacent to or within--(i) any existing disturbed area; or(ii) an existing corridor for a right-of-way;and(C) would reduce--(i) in the case of a gathering line andassociated field compression or pumping unittransporting methane, the total quantity ofmethane that would otherwise be vented, flared, orunintentionally emitted from the field or unit; or(ii) in the case of a gathering line andassociated field compression or pumping unit nottransporting methane, the vehicular traffic thatwould otherwise service the field or unit.(2) Applicability.--Paragraph (1) shall apply to Indianland, or a portion of Indian land--(A) to which the National Environmental Policy Actof 1969 (42 U.S.C. 4321 et seq.) applies; and(B) for which the Indian Tribe with jurisdictionover the Indian land submits to the Secretary a writtenrequest that paragraph (1) apply to that Indian land (orportion of Indian land). (c) Effect on Other Law.--Nothing in this section--(1) affects or alters any requirement--(A) relating to prior consent under--(i) section 2 of the Act of February 5, 1948(62 Stat. 18, chapter 45; 25 U.S.C. 324); or(ii) section 16(e) of the Act of June 18, 1934(48 Stat. 987, chapter 576; 102 Stat. 2939; 114Stat. 47; 25 U.S.C. 5123(e)) (commonly known asthe ``Indian Reorganization Act'');(B) under section 306108 of title 54, United StatesCode; or(C) under any other Federal law (includingregulations) relating to Tribal consent for rights-of- way across Indian land; or(2) makes the National Environmental Policy Act of 1969 (42U.S.C. 4321 et seq.) applicable to land to which that Actotherwise would not apply.SEC. 11319. <>ANNUAL REPORT. (a) Definition of Covered Project.--In this section, the term ``covered project'' means a project or activity carried out with funds provided by the Department, including a project carried out under title 23 or 49, United States Code--(1) that is more than 5 years behind schedule; or(2) for which the total amount spent on the project oractivity is not less than $1,000,000,000 more than the originalcost estimate for the project or activity. (b) Requirement.--Not later than 1 year after the date of enactment of this Act, and annually thereafter, the Secretary shall[[Page 135 STAT. 546]]submit to Congress a report on covered projects of the Department, which shall include, for each covered project--(1) a brief description of the covered project, including--(A) the purpose of the covered project;(B) each location in which the covered project iscarried out;(C) the contract or award number of the coveredproject, if applicable;(D) the year in which the covered project wasinitiated;(E) the Federal share of the total cost of thecovered project; and(F) each primary contractor, subcontractor, grantrecipient, and subgrantee recipient of the coveredproject;(2) an explanation of any change to the original scope ofthe covered project, including by the addition or narrowing ofthe initial requirements of the covered project;(3) the original expected date for completion of the coveredproject;(4) the current expected date for completion of the coveredproject;(5) <>the original cost estimate forthe covered project, as adjusted to reflect increases in theConsumer Price Index for All Urban Consumers, as published bythe Bureau of Labor Statistics;(6) <>the current cost estimate forthe covered project, as adjusted to reflect increases in theConsumer Price Index for All Urban Consumers, as published bythe Bureau of Labor Statistics;(7) an explanation for a delay in completion or an increasein the original cost estimate for the covered project,including, where applicable, any impact of insufficient ordelayed appropriations; and(8) the amount of and rationale for any award, incentivefee, or other type of bonus, if any, awarded for the coveredproject.Subtitle D--Climate ChangeSEC. 11401. GRANTS FOR CHARGING AND FUELING INFRASTRUCTURE. (a) <>Purpose.--The purpose of this section is to establish a grant program to strategically deploy publicly accessible electric vehicle charging infrastructure, hydrogen fueling infrastructure, propane fueling infrastructure, and natural gas fueling infrastructure along designated alternative fuel corridors or in certain other locations that will be accessible to all drivers of electric vehicles, hydrogen vehicles, propane vehicles, and natural gas vehicles. (b) Grant Program.--Section 151 of title 23, United States Code, is amended--(1) in subsection (a)--(A) by striking ``Not later than 1 year after thedate of enactment of the FAST Act, the Secretary shall''and inserting ``The Secretary shall periodically''; and(B) by striking ``to improve the mobility'' andinserting ``to support changes in the transportationsector that help achieve a reduction in greenhouse gasemissions and improve the mobility'';[[Page 135 STAT. 547]](2) in subsection (b)(2), by inserting ``previouslydesignated by the Federal Highway Administration or'' before``designated by'';(3) by striking subsection (d) and inserting the following: ``(d) <>Redesignation.--``(1) <>Initial redesignation.--Not laterthan 180 days after the date of enactment of the SurfaceTransportation Reauthorization Act of 2021, the Secretary shallupdate and redesignate the corridors under subsection (a).``(2) Subsequent redesignation.--The Secretary shallestablish a recurring process to regularly update andredesignate the corridors under subsection (a).'';(4) in subsection (e)--(A) in paragraph (1), by striking ``and'' at theend;(B) in paragraph (2)--(i) by striking ``establishes an aspirationalgoal of achieving'' and inserting ``describesefforts, including through funds awarded throughthe grant program under subsection (f), that willaid efforts to achieve''; and(ii) by striking ``by the end of fiscal year2020.'' and inserting ``; and''; and(C) by adding at the end the following:``(3) <>summarizes best practices andprovides guidance, developed through consultation with theSecretary of Energy, for project development of electric vehiclecharging infrastructure, hydrogen fueling infrastructure,propane fueling infrastructure and natural gas fuelinginfrastructure at the State, Tribal, and local level to allowfor the predictable deployment of that infrastructure.''; and(5) by adding at the end the following: ``(f) Grant Program.--``(1) Definition of private entity.--In this subsection, theterm `private entity' means a corporation, partnership, company,or nonprofit organization.``(2) <>Establishment.--Not later than 1year after the date of enactment of the Surface TransportationReauthorization Act of 2021, the Secretary shall establish agrant program to award grants to eligible entities to carry outthe activities described in paragraph (6).``(3) Eligible entities.--An entity eligible to receive agrant under this subsection is--``(A) a State or political subdivision of a State;``(B) a metropolitan planning organization;``(C) a unit of local government;``(D) a special purpose district or public authoritywith a transportation function, including a portauthority;``(E) an Indian tribe (as defined in section 4 ofthe Indian Self-Determination and Education AssistanceAct (25 U.S.C. 5304));``(F) a territory of the United States;``(G) an authority, agency, or instrumentality of,or an entity owned by, 1 or more entities described insubparagraphs (A) through (F); or``(H) a group of entities described in subparagraphs(A) through (G).[[Page 135 STAT. 548]]``(4) Applications.--To be eligible to receive a grant underthis subsection, an eligible entity shall submit to theSecretary an application at such time, in such manner, andcontaining such information as the Secretary shall require,including--``(A) a description of how the eligible entity hasconsidered--``(i) public accessibility of charging orfueling infrastructure proposed to be funded witha grant under this subsection, including--``(I) charging or fueling connectortypes and publicly available informationon real-time availability; and``(II) payment methods to ensuresecure, convenient, fair, and equalaccess;``(ii) collaborative engagement withstakeholders (including automobile manufacturers,utilities, infrastructure providers, technologyproviders, electric charging, hydrogen, propane,and natural gas fuel providers, metropolitanplanning organizations, States, Indian tribes, andunits of local governments, fleet owners, fleetmanagers, fuel station owners and operators, labororganizations, infrastructure construction andcomponent parts suppliers, and multi-State andregional entities)--``(I) to foster enhanced,coordinated, public-private or privateinvestment in electric vehicle charginginfrastructure, hydrogen fuelinginfrastructure, propane fuelinginfrastructure, or natural gas fuelinginfrastructure;``(II) to expand deployment ofelectric vehicle charginginfrastructure, hydrogen fuelinginfrastructure, propane fuelinginfrastructure, or natural gas fuelinginfrastructure;``(III) to protect personal privacyand ensure cybersecurity; and``(IV) to ensure that a properlytrained workforce is available toconstruct and install electric vehiclecharging infrastructure, hydrogenfueling infrastructure, propane fuelinginfrastructure, or natural gas fuelinginfrastructure;``(iii) the location of the station or fuelingsite, such as consideration of--``(I) the availability of onsiteamenities for vehicle operators, such asrestrooms or food facilities;``(II) access in compliance with theAmericans with Disabilities Act of 1990(42 U.S.C. 12101 et seq.);``(III) height and fueling capacityrequirements for facilities that chargeor refuel large vehicles, such as semi-trailer trucks; and``(IV) appropriate distribution toavoid redundancy and fill charging orfueling gaps;``(iv) infrastructure installation that can beresponsive to technology advancements, such asaccommodating autonomous vehicles, vehicle-to-gridtechnology, and future charging methods; and[[Page 135 STAT. 549]]``(v) the long-term operation and maintenanceof the electric vehicle charging infrastructure,hydrogen fueling infrastructure, propane fuelinginfrastructure, or natural gas fuelinginfrastructure, to avoid stranded assets andprotect the investment of public funds in thatinfrastructure; and``(B) <>an assessment of theestimated emissions that will be reduced through the useof electric vehicle charging infrastructure, hydrogenfueling infrastructure, propane fueling infrastructure,or natural gas fueling infrastructure, which shall beconducted using the Alternative Fuel Life-CycleEnvironmental and Economic Transportation (AFLEET) tooldeveloped by Argonne National Laboratory (or a successortool).``(5) Considerations.--In selecting eligible entities toreceive a grant under this subsection, the Secretary shall--``(A) consider the extent to which the applicationof the eligible entity would--``(i) improve alternative fueling corridornetworks by--``(I) converting corridor-pendingcorridors to corridor-ready corridors;or``(II) in the case of corridor-readycorridors, providing redundancy--``(aa) to meet excess demandfor charging or fuelinginfrastructure; or``(bb) to reduce congestionat existing charging or fuelinginfrastructure in high-trafficlocations;``(ii) meet current or anticipated marketdemands for charging or fueling infrastructure;``(iii) enable or accelerate the constructionof charging or fueling infrastructure that wouldbe unlikely to be completed without Federalassistance;``(iv) support a long-term competitive marketfor electric vehicle charging infrastructure,hydrogen fueling infrastructure, propane fuelinginfrastructure, or natural gas fuelinginfrastructure that does not significantly impairexisting electric vehicle charging infrastructure,hydrogen fueling infrastructure, propane fuelinginfrastructure, or natural gas fuelinginfrastructure providers;``(v) provide access to electric vehiclecharging infrastructure, hydrogen fuelinginfrastructure, propane fueling infrastructure, ornatural gas fueling infrastructure in areas with acurrent or forecasted need; and``(vi) deploy electric vehicle charginginfrastructure, hydrogen fueling infrastructure,propane fueling infrastructure, or natural gasfueling infrastructure for medium- and heavy-dutyvehicles (including along the National HighwayFreight Network established under section 167(c))and in proximity to intermodal transfer stations;``(B) ensure, to the maximum extent practicable,geographic diversity among grant recipients to ensurethat electric vehicle charging infrastructure, hydrogenfueling[[Page 135 STAT. 550]] infrastructure, propane fueling infrastructure, ornatural gas fueling infrastructure is availablethroughout the United States;``(C) consider whether the private entity that theeligible entity contracts with under paragraph (6)--``(i) submits to the Secretary the most recentyear of audited financial statements; and``(ii) has experience in installing andoperating electric vehicle charginginfrastructure, hydrogen fueling infrastructure,propane fueling infrastructure, or natural gasfueling infrastructure; and``(D) consider whether, to the maximum extentpracticable, the eligible entity and the private entitythat the eligible entity contracts with under paragraph(6) enter into an agreement--``(i) to operate and maintain publiclyavailable electric vehicle charginginfrastructure, hydrogen fueling infrastructure,propane fueling infrastructure, or natural gasinfrastructure; and``(ii) that provides a remedy and anopportunity to cure if the requirements describedin clause (i) are not met.``(6) Use of funds.--``(A) <>In general.--An eligibleentity receiving a grant under this subsection shallonly use the funds in accordance with this paragraph tocontract with a private entity for acquisition andinstallation of publicly accessible electric vehiclecharging infrastructure, hydrogen fuelinginfrastructure, propane fueling infrastructure, ornatural gas fueling infrastructure that is directlyrelated to the charging or fueling of a vehicle.``(B) Location of infrastructure.--Any publiclyaccessible electric vehicle charging infrastructure,hydrogen fueling infrastructure, propane fuelinginfrastructure, or natural gas fueling infrastructureacquired and installed with a grant under thissubsection shall be located along an alternative fuelcorridor designated under this section, on the conditionthat any affected Indian tribes are consulted before thedesignation.``(C) Operating assistance.--``(i) <>In general.-- Subject to clauses (ii) and (iii), an eligibleentity that receives a grant under this subsectionmay use a portion of the funds to provide to aprivate entity operating assistance for the first5 years of operations after the installation ofpublicly available electric vehicle charginginfrastructure, hydrogen fueling infrastructure,propane fueling infrastructure, or natural gasfueling infrastructure while the facilitytransitions to independent system operations.``(ii) Inclusions.--Operating assistance underthis subparagraph shall be limited to costsallocable to operating and maintaining theelectric vehicle charging infrastructure, hydrogenfueling infrastructure, propane fuelinginfrastructure, or natural gas fuelinginfrastructure and service.[[Page 135 STAT. 551]]``(iii) Limitation.--Operating assistanceunder this subparagraph may not exceed the amountof a contract under subparagraph (A) to acquireand install publicly accessible electric vehiclecharging infrastructure, hydrogen fuelinginfrastructure, propane fueling infrastructure, ornatural gas fueling infrastructure.``(D) Traffic control devices.--``(i) In general.--Subject to this paragraph,an eligible entity that receives a grant underthis subsection may use a portion of the funds toacquire and install traffic control deviceslocated in the right-of-way to provide directionalinformation to publicly accessible electricvehicle charging infrastructure, hydrogen fuelinginfrastructure, propane fueling infrastructure, ornatural gas fueling infrastructure acquired,installed, or operated with the grant.``(ii) Applicability.--Clause (i) shall applyonly to an eligible entity that--``(I) receives a grant under thissubsection; and``(II) is using that grant for theacquisition and installation of publiclyaccessible electric vehicle charginginfrastructure, hydrogen fuelinginfrastructure, propane fuelinginfrastructure, or natural gas fuelinginfrastructure.``(iii) Limitation on amount.--The amount offunds used to acquire and install traffic controldevices under clause (i) may not exceed the amountof a contract under subparagraph (A) to acquireand install publicly accessible charging orfueling infrastructure.``(iv) No new authority created.--Nothing inthis subparagraph authorizes an eligible entitythat receives a grant under this subsection toacquire and install traffic control devices if theentity is not otherwise authorized to do so.``(E) <>Revenue.--``(i) In general.--An eligible entityreceiving a grant under this subsection and aprivate entity referred to in subparagraph (A) mayenter into a cost-sharing agreement under whichthe private entity submits to the eligible entitya portion of the revenue from the electric vehiclecharging infrastructure, hydrogen fuelinginfrastructure, propane fueling infrastructure, ornatural gas fueling infrastructure.``(ii) Uses of revenue.--An eligible entitythat receives revenue from a cost-sharingagreement under clause (i) may only use thatrevenue for a project that is eligible under thistitle.``(7) Certain fuels.--The use of grants for propane fuelinginfrastructure under this subsection shall be limited toinfrastructure for medium- and heavy-duty vehicles.``(8) Community grants.--``(A) In general.--Notwithstanding paragraphs (4),(5), and (6), the Secretary shall reserve 50 percent ofthe amounts made available each fiscal year to carry outthis section to provide grants to eligible entities inaccordance with this paragraph.[[Page 135 STAT. 552]]``(B) Applications.--To be eligible to receive agrant under this paragraph, an eligible entity shallsubmit to the Secretary an application at such time, insuch manner, and containing such information as theSecretary may require.``(C) Eligible entities.--An entity eligible toreceive a grant under this paragraph is--``(i) an entity described in paragraph (3);and``(ii) a State or local authority withownership of publicly accessible transportationfacilities.``(D) Eligible projects.--The Secretary may providea grant under this paragraph for a project that isexpected to reduce greenhouse gas emissions and toexpand or fill gaps in access to publicly accessibleelectric vehicle charging infrastructure, hydrogenfueling infrastructure, propane fueling infrastructure,or natural gas fueling infrastructure, including--``(i) development phase activities, includingplanning, feasibility analysis, revenueforecasting, environmental review, preliminaryengineering and design work, and otherpreconstruction activities; and``(ii) the acquisition and installation ofelectric vehicle charging infrastructure, hydrogenfueling infrastructure, propane fuelinginfrastructure, or natural gas fuelinginfrastructure that is directly related to thecharging or fueling of a vehicle, including anyrelated construction or reconstruction and theacquisition of real property directly related tothe project, such as locations described insubparagraph (E), to expand access to electricvehicle charging infrastructure, hydrogen fuelinginfrastructure, propane fueling infrastructure, ornatural gas fueling infrastructure.``(E) Project locations.--A project receiving agrant under this paragraph may be located on any publicroad or in other publicly accessible locations, such asparking facilities at public buildings, public schools,and public parks, or in publicly accessible parkingfacilities owned or managed by a private entity.``(F) Priority.--In providing grants under thisparagraph, the Secretary shall give priority to projectsthat expand access to electric vehicle charginginfrastructure, hydrogen fueling infrastructure, propanefueling infrastructure, or natural gas fuelinginfrastructure within--``(i) rural areas;``(ii) low- and moderate-income neighborhoods;and``(iii) <>communitieswith a low ratio of private parking spaces tohouseholds or a high ratio of multiunit dwellingsto single family homes, as determined by theSecretary.``(G) Additional considerations.--In providinggrants under this paragraph, the Secretary shallconsider the extent to which the project--``(i) contributes to geographic diversityamong eligible entities, including achieving abalance between urban and rural communities; and``(ii) meets current or anticipated marketdemands for charging or fueling infrastructure,including faster[[Page 135 STAT. 553]] charging speeds with high-powered capabilitiesnecessary to minimize the time to charge or refuelcurrent and anticipated vehicles.``(H) <>Partnering with privateentities.--An eligible entity that receives a grantunder this paragraph may use the grant funds to contractwith a private entity for the acquisition, construction,installation, maintenance, or operation of electricvehicle charging infrastructure, hydrogen fuelinginfrastructure, propane fueling infrastructure, ornatural gas fueling infrastructure that is directlyrelated to the charging or fueling of a vehicle.``(I) Maximum grant amount.--The amount of a grantunder this paragraph shall not be more than $15,000,000.``(J) Technical assistance.--Of the amounts reservedunder subparagraph (A), the Secretary may use not morethan 1 percent to provide technical assistance toeligible entities.``(K) Additional activities.--The recipient of agrant under this paragraph may use not more than 5percent of the grant funds on educational and communityengagement activities to develop and implement educationprograms through partnerships with schools, communityorganizations, and vehicle dealerships to support theuse of zero-emission vehicles and associatedinfrastructure.``(9) Requirements.--``(A) Project treatment.--Notwithstanding any otherprovision of law, any project funded by a grant underthis subsection shall be treated as a project on aFederal-aid highway under this chapter.``(B) Signs.--Any traffic control device or on- premises sign acquired, installed, or operated with agrant under this subsection shall comply with--``(i) the Manual on Uniform Traffic ControlDevices, if located in the right-of-way; and``(ii) other provisions of Federal, State, andlocal law, as applicable.``(10) Federal share.--``(A) In general.--The Federal share of the cost ofa project carried out with a grant under this subsectionshall not exceed 80 percent of the total project cost.``(B) <>Responsibility of privateentity.--As a condition of contracting with an eligibleentity under paragraph (6) or (8), a private entityshall agree to pay the share of the cost of a projectcarried out with a grant under this subsection that isnot paid by the Federal Government under subparagraph(A).``(11) <

Text - H.R.3684 - 117th Congress (2021-2022): Infrastructure Investment and Jobs Act | Congress.gov | Library of Congress

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