BUILD America 250 Act

The term Comptroller General means the Comptroller General of the United States.

Unless otherwise specified, the term Department means the Department of Transportation.

Unless otherwise specified, the term Secretary means the Secretary of Transportation.

Section 101 of title 23, United States Code, is amended by adding at the end the following:

When an amendment to a covered highways law adds a section or larger organizational unit to the covered highways law, repeals or transfers a section or larger organizational unit in the covered highways law, or amends the designation or heading of a section or larger organizational unit in the covered highways law, that amendment also shall have the effect of amending any analysis, table of contents, or similar tabular entries in the covered highways law to alter the table to conform to the changes made by the amendment.

Paragraph (1) shall not apply to an amendment described in such paragraph when—

(A) the amendment or a clerical amendment enacted at the same time expressly amends a table of sections, table of contents, or similar tabular entries in the covered highways law to alter the table to conform to the changes made by the amendment; or

(B) the amendment otherwise expressly exempts itself from the operation of this subsection.

In this subsection, the term covered highways law means—

(A) this title;

(B) any Act that authorizes amounts to be appropriated out of the Highway Trust Fund; or

(C) any other law designated in the text thereof as a covered highways law for purposes of application of this subsection.

Section 101 of title 49, United States Code, is amended—

(1) in the section heading by inserting; automatic execution of conforming changes after Purpose; and

(2) by adding at the end the following:

When an amendment to a covered transportation law adds a section or larger organizational unit to the covered transportation law, repeals or transfers a section or larger organizational unit in the covered transportation law, or amends the designation or heading of a section or larger organizational unit in the covered transportation law, that amendment also shall have the effect of amending any analysis, table of contents, or similar tabular entries in the covered transportation law to alter the table to conform to the changes made by the amendment.

Paragraph (1) shall not apply to an amendment described in such paragraph when—

(A) the amendment or a clerical amendment enacted at the same time expressly amends a table of sections, table of contents, or similar tabular entries in the covered transportation law to alter the table to conform to the changes made by the amendment; or

(B) the amendment otherwise expressly exempts itself from the operation of this subsection.

In this subsection, the term covered transportation law means—

(A) this title;

(B) any Act that authorizes amounts to be appropriated out of the Airport and Airway Trust Fund; or

(C) any other law designated in the text thereof as a covered transportation law for purposes of application of this subsection.

Section 101(f) of title 23, United States Code, as added by subsection (a), and section 101(c) of title 49, United States Code, as added by subsection (b), shall apply to the amendments made by this section and other amendments made by this Act.

The following amounts are authorized to be appropriated out of the Highway Trust Fund (other than the Mass Transit Account):

For the national highway performance program under section 119 of title 23, United States Code, the surface transportation block grant program under section 133 of such title, section 134 of such title, the highway safety improvement program under section 148 of such title, the congestion mitigation and air quality improvement program under section 149 of such title, and the national highway freight and highway priority corridor program of section 167 of such title—

(A) $56,934,650,000 for fiscal year 2027;

(B) $57,532,010,000 for fiscal year 2028;

(C) $58,690,676,200 for fiscal year 2029;

(D) $59,785,644,724 for fiscal year 2030; and

(E) $60,943,911,618 for fiscal year 2031.

For credit assistance under the transportation infrastructure finance and innovation program under chapter 6 of title 23, United States Code, $250,000,000 for each of fiscal years 2027 through 2031.

To carry out the grants for rebuilding America’s vital engineering structures program under section 124(a) of title 23, United States Code, $9,200,000,000 for each of fiscal years 2027 through 2031.

For the tribal transportation program under section 202 of title 23, United States Code—

(i) $643,000,000 for fiscal year 2027;

(ii) $657,000,000 for fiscal year 2028;

(iii) $671,000,000 for fiscal year 2029;

(iv) $686,000,000 for fiscal year 2030; and

(v) $701,000,000 for fiscal year 2031.

For the Federal lands transportation program under section 203 of title 23, United States Code—

(I) $464,000,000 for fiscal year 2027;

(II) $472,000,000 for fiscal year 2028;

(III) $480,000,000 for fiscal year 2029;

(IV) $488,000,000 for fiscal year 2030; and

(V) $496,000,000 for fiscal year 2031.

Of the amount made available for a fiscal year under clause (i)—

(I) the amount for the National Park Service is—

(aa) $365,000,000 for fiscal year 2027;

(bb) $370,500,000 for fiscal year 2028;

(cc) $376,000,000 for fiscal year 2029;

(dd) $381,500,000 for fiscal year 2030; and

(ee) $387,500,000 for fiscal year 2031;

(II) the amount for the United States Fish and Wildlife Service is $42,000,000 for each of fiscal years 2027 through 2031; and

(III) the amount for the Forest Service is—

(aa) $29,500,000 for fiscal year 2027;

(bb) $31,000,000 for fiscal year 2028;

(cc) $32,500,000 for fiscal year 2029;

(dd) $34,000,000 for fiscal year 2030; and

(ee) $35,500,000 for fiscal year 2031.

For the Federal lands access program under section 204 of title 23, United States Code—

(i) $314,000,000 for fiscal year 2027;

(ii) $320,000,000 for fiscal year 2028;

(iii) $326,000,000 for fiscal year 2029;

(iv) $332,000,000 for fiscal year 2030; and

(v) $338,000,000 for fiscal year 2031.

For the territorial and Puerto Rico highway program under section 165 of title 23, United States Code—

(A) $242,200,000 for fiscal year 2027;

(B) $247,400,000 for fiscal year 2028;

(C) $252,600,000 for fiscal year 2029;

(D) $257,800,000 for fiscal year 2030; and

(E) $263,000,000 for fiscal year 2031.

The following amounts are authorized to be appropriated out of the Highway Trust Fund (other than the Mass Transit Account):

To carry out the safe streets and roads for all program under section 155 of title 23, United States Code—

(i) $500,000,000 for fiscal year 2027;

(ii) $625,000,000 for fiscal year 2028;

(iii) $750,000,000 for fiscal year 2029;

(iv) $875,000,000 for fiscal year 2030; and

(v) $1,000,000,000 for fiscal year 2031.

To carry out the surface transportation accelerator grant program under section 173 of title 23, United States Code, $2,400,000,000 for each of fiscal years 2027 through 2031.

To carry out subsection (d) of the PROTECT program under section 176 of title 23, United States Code, $500,000,000 for each of fiscal years 2027 through 2031.

To carry out the nationally significant Federal lands and tribal projects program under section 1123 of the FAST Act (23 U.S.C. 201 note; Public Law 114–94), $55,000,000 for each of fiscal years 2027 through 2031.

Amounts made available under clause (i) shall be available for obligation in the same manner as if those amounts were apportioned under chapter 1 of title 23, United States Code.

There is authorized to be appropriated to carry out the nationally significant multimodal freight and highway projects program under section 117 of title 23, United States Code, $1,200,000,000 for each of fiscal years 2027 through 2031.

There is authorized to be appropriated to carry out the bridge completion program under section 124(b) of title 23, United States Code, $2,000,000,000 for each of fiscal years 2027 through 2031.

The following amounts are authorized to be appropriated out of the Highway Trust Fund (other than the Mass Transit Account):

To carry out section 503(b) of title 23, United States Code—

(i) $149,940,000 for fiscal year 2027;

(ii) $152,938,800 for fiscal year 2028;

(iii) $155,997,576 for fiscal year 2029;

(iv) $159,117,528 for fiscal year 2030; and

(v) $162,299,878 for fiscal year 2031.

To carry out section 503(c) of title 23, United States Code—

(i) $112,200,000 for fiscal year 2027;

(ii) $114,444,000 for fiscal year 2028;

(iii) $116,732,880 for fiscal year 2029;

(iv) $119,067,538 for fiscal year 2030; and

(v) $121,448,888 for fiscal year 2031.

To carry out section 504 of title 23, United States Code—

(i) $26,520,000 for fiscal year 2027;

(ii) $27,050,400 for fiscal year 2028;

(iii) $27,591,408 for fiscal year 2029;

(iv) $28,143,236 for fiscal year 2030; and

(v) $28,706,101 for fiscal year 2031.

To carry out sections 512 through 518 of title 23, United States Code—

(i) $112,200,000 for fiscal year 2027;

(ii) $114,444,000 for fiscal year 2028;

(iii) $116,732,880 for fiscal year 2029;

(iv) $119,067,538 for fiscal year 2030; and

(v) $121,448,888 for fiscal year 2031.

To carry out section 5505 of title 49, United States Code—

(i) $83,640,000 for fiscal year 2027;

(ii) $85,312,800 for fiscal year 2028;

(iii) $87,019,056 for fiscal year 2029;

(iv) $88,759,437 for fiscal year 2030; and

(v) $90,534,626 for fiscal year 2031.

To carry out chapter 63 of title 49, United States Code—

(i) $27,250,000 for fiscal year 2027;

(ii) $27,500,000 for fiscal year 2028;

(iii) $27,750,000 for fiscal year 2029;

(iv) $28,000,000 for fiscal year 2030; and

(v) $28,250,000 for fiscal year 2031.

The Administrator of the Federal Highway Administration shall—

(A) administer the programs described in subparagraphs (A), (B), and (C) under paragraph (1); and

(B) in consultation with relevant modal administrations, administer the programs described in paragraph (1)(D).

Amounts authorized to be appropriated by paragraph (1) shall—

(A) be available for obligation in the same manner as if those funds were apportioned under chapter 1 of title 23, United States Code, except that the Federal share of the project or activity carried out using those funds shall be 80 percent, unless otherwise expressly provided by this Act (including the amendments made by this Act) or otherwise determined by the Secretary; and

(B) remain available until expended and are not transferable, except as otherwise provided by this Act.

The following amounts are authorized to be appropriated out of the Highway Trust Fund (other than the Mass Transit Account):

For the wildlife crossings pilot program under section 171 of title 23, United States Code, $80,000,000 for each of fiscal years 2027 through 2031.

For the truck parking pilot program under section 180 of title 23, United States Code, $150,000,000 for each of fiscal years 2027 through 2031.

Congress finds that—

(A) while significant progress has occurred due to the establishment of the disadvantaged business enterprise program, social and economic disadvantage and related barriers continue to pose significant obstacles for businesses owned by socially and economically disadvantaged individuals seeking to do business in federally assisted surface transportation markets across the United States;

(B) the continuing barriers described in subparagraph (A) merit the continuation of the disadvantaged business enterprise program;

(C) Congress has received and reviewed documentation of the effects of social and economic disadvantage on individuals seeking to do business in federally assisted surface transportation markets from numerous sources, including congressional hearings and roundtables, scientific and other reports, news stories, written statements of barriers to participation by disadvantaged business owners, and related lawsuits, which show that efforts that fail to specifically consider socially and economically disadvantaged individuals are insufficient to address the problem;

(D) the documentation described in subparagraph (C) demonstrates that barriers remain for the full and fair participation in surface transportation-related businesses of socially and economically disadvantaged business owners and has impacted firm development and many aspects of surface transportation-related business in the public and private markets; and

(E) the documentation described in subparagraph (C) provides a strong basis that there is a compelling need for the continuation of the disadvantaged business enterprise program.

In this subsection:

The term small business concern means a small business concern (as the term is used in section 3 of the Small Business Act (15 U.S.C. 632)).

The term small business concern does not include any concern or group of concerns controlled by the same socially and economically disadvantaged individual or individuals that have average annual gross receipts during the preceding 3 fiscal years in excess of $31,840,000, as adjusted annually by the Secretary for inflation.

A national, aspirational goal of not less than 10 percent of the amounts made available for any program under titles I, II, III, and VI of this Act and section 403 of title 23, United States Code, shall be set for expenditure through good faith efforts by recipients of Federal financial assistance through small business concerns owned and controlled by socially and economically disadvantaged individuals.

Not later than 180 days after the date of enactment of this Act, the Secretary shall develop and publish objective criteria to establish how State governments and unified certification programs will evaluate whether an individual qualifies as socially and economically disadvantaged under the program.

The criteria developed under subparagraph (A)—

(i) shall include the ability for an individual to demonstrate social and economic disadvantage by submitting evidence that would support a finding of the types of discrimination prohibited under Federal law; and

(ii) shall include the ability for an individual to submit evidence of specific instances of economic hardship, systemic barriers, and denied opportunities that impeded the individual from achieving educational progress or success, employment opportunities, or business opportunities (including access to capital).

The Secretary may periodically revise the objective criteria developed under subparagraph (A).

Each State shall annually—

(A) survey and compile a list of the small business concerns referred to in paragraph (3) in the State, including the location of the small business concerns in the State;

(B) notify the Secretary, in writing, of the number of new small business concerns that have been certified in the State in the previous year; and

(C) provide the Secretary with such other information as the Secretary may require regarding the administration of the disadvantaged business enterprise program.

The Secretary shall establish minimum uniform criteria for use by State governments in certifying whether a concern qualifies as a small business concern for the purpose of this subsection.

The minimum uniform criteria established under subparagraph (A) shall include, with respect to a potential small business concern—

(i) on-site visits;

(ii) personal interviews with personnel;

(iii) issuance or inspection of licenses;

(iv) analyses of stock ownership;

(v) listings of equipment;

(vi) analyses of bonding capacity;

(vii) listings of work completed;

(viii) examination of the resumes of principal owners;

(ix) analyses of financial capacity; and

(x) analyses of the type of work preferred.

The Secretary shall establish minimum requirements for use by State governments in reporting to the Secretary—

(A) information concerning disadvantaged business enterprise awards, commitments, and achievements;

(B) the process utilized and progress made by each unified certification program in the State to evaluate and recertify or decertify a small business concern under the criteria set by the Secretary, including periodic revision of the criteria for certification;

(C) the number of existing small business concerns recertified or decertified in fiscal years 2026 through 2031; and

(D) such other information as the Secretary determines to be appropriate for the proper monitoring of the disadvantaged business enterprise program.

Nothing in this subsection limits the eligibility of an individual or entity to receive funds made available under titles I, II, III, and VI of this Act and section 403 of title 23, United States Code, if the entity or person is prevented, in whole or in part, from complying with paragraph (3) because a Federal court issues a final order in which the court finds that a requirement or the implementation of paragraph (3) is unconstitutional.

It is the sense of Congress that—

(A) the Secretary should take additional steps to ensure that recipients comply with section 26.29 of title 49, Code of Federal Regulations (the disadvantaged business enterprises prompt payment rule), or any corresponding regulation, in awarding federally funded transportation contracts under laws and regulations administered by the Secretary; and

(B) such additional steps should include increasing the Department’s ability to track and keep records of complaints and to make that information publicly available.

The Secretary may not terminate, withhold, or delay the execution of a grant agreement for a grant or award (in part or in whole) made using funds made available under this Act (or an amendment made by this Act) on the basis that the grant or award no longer effectuates non-statutory program goals or agency priorities, including pursuant to section 200.340(a)(4) of title 2, Code of Federal Regulations.

Subject to subsection (e) and notwithstanding any other provision of law, the obligations for the Federal-aid highway and highway safety construction programs shall not exceed—

(1) $72,270,000,000 for fiscal year 2027;

(2) $73,045,000,000 for fiscal year 2028;

(3) $74,382,000,000 for fiscal year 2029;

(4) $75,657,000,000 for fiscal year 2030; and

(5) $76,996,000,000 for fiscal year 2031.

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 Act of 1978 (23 U.S.C. 144 note; 92 Stat. 2714);

(3) section 9 of the Federal-Aid Highway Act of 1981 (95 Stat. 1701);

(4) subsections (b) and (j) of section 131 of the Surface Transportation Assistance Act of 1982 (96 Stat. 2119);

(5) subsections (b) and (c) of section 149 of the Surface Transportation and Uniform Relocation Assistance Act of 1987 (101 Stat. 198);

(6) sections 1103 through 1108 of the Intermodal Surface Transportation Efficiency Act of 1991 (105 Stat. 2027);

(7) section 157 of title 23, United States Code (as in effect on June 8, 1998);

(8) section 105 of title 23, United States Code (as in effect for fiscal years 1998 through 2004, but only in an amount equal to $639,000,000);

(9) Federal-aid highway programs for which obligation authority was made available under the Transportation Equity Act for the 21st Century (112 Stat. 107) or subsequent Acts for multiple years or to remain available until expended, but only to the extent that the obligation authority has not lapsed or been used;

(10) section 105 of title 23, United States Code (as in effect for fiscal years 2005 through 2012, but only in an amount equal to $639,000,000 for each of those fiscal years);

(11) section 1603 of the SAFETEA–LU (23 U.S.C. 118 note), to the extent that funds obligated in accordance with such section were not subject to a limitation on obligations at the time at which the funds were initially made available for obligation;

(12) section 119 of title 23, United States Code (as in effect for fiscal years 2013 through 2015, but only in an amount equal to $639,000,000 for each of those fiscal years);

(13) section 119 of title 23, United States Code (as in effect for fiscal years 2016 through 2021, but only in an amount equal to $639,000,000 for each of those fiscal years);

(14) section 119 of title 23, United States Code (as in effect for fiscal years 2022 through 2026, but only in an amount equal to $639,000,000 for each of those fiscal years); and

(15) section 119 of title 23, United States Code (as in effect for fiscal years 2027 through 2031, but only in an amount equal to $639,000,000 for each of those fiscal years).

For each of fiscal years 2027 through 2031, the Secretary—

(1) shall not distribute obligation authority provided by subsection (a) for the fiscal year for—

(A) amounts authorized for administrative expenses and programs by section 104(a) of title 23, United States Code; and

(B) amounts authorized for the Bureau of Transportation Statistics;

(2) shall not distribute an amount of obligation authority provided by subsection (a) that is equal to the unobligated balance of amounts—

(A) made available from the Highway Trust Fund (other than the Mass Transit Account) for the Federal-aid highway and highway safety construction programs for previous fiscal years the funds for which are allocated by the Secretary (or apportioned by the Secretary under section 202 or 204 of title 23, United States Code); and

(B) for which obligation authority was provided in a previous fiscal year;

(3) shall determine the proportion that—

(A) the obligation authority provided by subsection (a) for the fiscal year, less the aggregate of the amount not distributed under paragraphs (1) and (2) of this subsection; bears to

(B) the total of sums authorized to be appropriated for the Federal-aid highway and highway safety construction programs (other than sums authorized to be appropriated for provisions of law described in paragraphs (1) through (14) of subsection (b) and sums authorized to be appropriated for section 119 of title 23, United States Code, equal to the amount referred to in subsection (b)(15) for the fiscal year), less the aggregate of the amounts not distributed under paragraphs (1) and (2) of this subsection;

(4) shall distribute the obligation authority provided by subsection (a), less the aggregate amounts not distributed under paragraphs (1) and (2), for each of the programs (other than programs to which paragraph (1) applies) that are allocated by the Secretary under this Act and title 23, United States Code, or apportioned by the Secretary under section 202 or 204 of such title, by multiplying—

(A) the proportion determined under paragraph (3); by

(B) the amounts authorized to be appropriated for each such program for the fiscal year;

(5) subject to paragraph (6), shall distribute the obligation authority provided by subsection (a), less the aggregate amount not distributed under paragraphs (1) and (2) and the amounts distributed under paragraph (4), for the Federal-aid highway and highway safety construction programs that are apportioned by the Secretary under title 23, United States Code (other than the amounts apportioned for the national highway performance program in section 119 of title 23, United States Code, that are exempt from limitation under subsection (b)(15) and the amounts apportioned under sections 202 and 204 of such title) in the proportion that—

(A) amounts authorized to be appropriated for the programs that are apportioned under title 23, United State Code, to each State for the fiscal year; bears to

(B) the total of the amounts authorized to be appropriated for the programs that are apportioned under title 23, United States Code, to all States for the fiscal year; and

(6) of the amounts calculated for a State under paragraph (5), distribute to any direct recipient designated under section 1113(d) located in such State, or proportionally located in such State—

(A) for a direct recipient located in 1 State, an amount of obligation authority described in section 1113(d)(4)(B); or

(B) for a direct recipient located in more than 1 State, a proportional amount of obligation authority described in section 1113(d)(4)(B).

Notwithstanding subsection (c), the Secretary shall, after August 1 of each of fiscal years 2027 through 2031—

(1) revise a distribution of the obligation authority made available under subsection (c) if an amount distributed cannot be obligated during the fiscal year; and

(2) redistribute sufficient amounts to those States able to obligate amounts in addition to those previously distributed during the fiscal year, giving priority to those States having large unobligated balances of funds apportioned under section 104 of title 23, United States Code, and paragraph (1) under the heading Highway Infrastructure Program in title VIII of division J of the Infrastructure Investment and Jobs Act (135 Stat. 1420), commonly referred to as the Bridge Formula Program.

Except as provided in subparagraph (B), obligation limitations imposed by subsection (a) shall apply to contract authority for transportation research programs carried out under chapter 5 of title 23, United States Code.

Obligation authority made available under subparagraph (A) shall—

(i) remain available for a period of 4 fiscal years; and

(ii) be in addition to the amount of any limitation on obligations for the Federal-aid highway and highway safety construction programs for future fiscal years.

Except as provided in subparagraph (B), obligation limitations imposed by subsection (a) shall apply to contract authority apportioned under section 104(b)(6) of title 23, United States Code, that is directly allocated under section 1113(d)(4)(B) of this Act to a direct recipient designated under such section.

Obligation authority made available under subparagraph (A) shall—

(i) remain available for a period of 2 fiscal years; and

(ii) be in addition to the amount of any limitation imposed on obligations for Federal-aid highway and highway safety construction programs for future fiscal years.

Not later than 30 days after the date of distribution of obligation authority under subsection (c) for each of fiscal years 2027 through 2031, the Secretary shall distribute to the States any funds (excluding funds authorized for the program under section 202 of title 23, United States Code) that—

(A) are authorized to be appropriated for the fiscal year for the Federal-aid highway programs; and

(B) the Secretary determines will not be allocated to the States (or will not be apportioned to the States under section 204 of title 23, United States Code), and will not be available for obligation, for the fiscal year because of the imposition of any obligation limitation for the fiscal year.

Funds shall be distributed under paragraph (1) in the same proportion as the distribution of obligation authority under subsection (c)(5).

Funds distributed to each State under paragraph (1) shall be available for any purpose described in section 133(b) of title 23, United States Code.

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

(1) in paragraph (18) by striking and traffic control centers and inserting, traffic control centers, and backup power systems for traffic control devices and systems;

(2) by redesignating paragraphs (6) through (36) as paragraphs (7) through (37), respectively; and

(3) by inserting after paragraph (5) the following:

The term digital infrastructure means public and private technology assets, including advanced digital construction management systems and related technology, that create, exchange, secure, or use data, including communications systems, servers, routers, hardware, sensors, and software applications.

Section 104 of title 23, United States Code, is amended—

(1) in subsection (a)(1) by striking subparagraphs (A) through (E) and inserting the following:

(A) $478,000,000 for fiscal year 2027;

(B) $487,500,000 for fiscal year 2028;

(C) $497,500,000 for fiscal year 2029;

(D) $508,000,000 for fiscal year 2030; and

(E) $519,000,000 for fiscal year 2031.;

(2) in subsection (b)—

(A) in the matter preceding paragraph (1)—

(i) by inserting and high priority corridor after national highway freight; and

(ii) by striking the carbon reduction program under section 175, to carry out subsection (c) of the PROTECT program under section 176,;

(B) in paragraph (1) by striking 59.0771195921461 percent and inserting 62 percent;

(C) in paragraph (2) by striking 28.7402203421251 percent and inserting 31 percent;

(D) in paragraph (3) by striking 6.70605141316253 percent and inserting 7 percent;

(E) in paragraph (4)—

(i) in subparagraph (B) by striking shall be and all that follows through for fiscal year 2026. and inserting shall be—

(i) $2,890,000,000 for fiscal year 2027;

(ii) $2,920,000,000 for fiscal year 2028;

(iii) $3,010,000,000 for fiscal year 2029;

(iv) $3,070,000,000 for fiscal year 2030; and

(v) $3,130,000,000 for fiscal year 2031.; and

(ii) in subparagraph (C) by striking fiscal year 2020 and inserting fiscal year 2026 each place it appears;

(F) in paragraph (5)—

(i) in the paragraph heading by inserting and high priority corridor after national highway freight;

(ii) by inserting and high priority corridor after national highway freight each place it appears; and

(iii) in subparagraph (B) by striking clauses (i) through (v) and inserting the following:

(i) $1,550,000,000 for fiscal year 2027;

(ii) $1,600,000,000 for fiscal year 2028;

(iii) $1,650,000,000 for fiscal year 2029;

(iv) $1,700,000,000 for fiscal year 2030; and

(v) $1,750,000,000 for fiscal year 2031.;

(G) in paragraph (6)—

(i) in subparagraph (B) by striking clauses (i) through (v) and inserting the following:

(i) $520,000,000 for fiscal year 2027;

(ii) $540,000,000 for fiscal year 2028;

(iii) $560,000,000 for fiscal year 2029;

(iv) $580,000,000 for fiscal year 2030; and

(v) $600,000,000 for fiscal year 2031.; and

(ii) in subparagraph (C) by striking fiscal year 2020 and inserting fiscal year 2026 each place it appears; and

(H) by striking paragraphs (7) and (8);

(3) in subsection (c)—

(A) in paragraph (1)—

(i) in the matter preceding subparagraph (A) by striking fiscal year 2022 and inserting fiscal year 2027;

(ii) in subparagraph (A)(ii)(I) by striking fiscal year 2021 and inserting fiscal year 2026; and

(iii) in subparagraph (B) by striking that is and all that follows through the previous fiscal year. and inserting that is equal to at least 95 percent of the estimated tax payments attributable to highway users in the State paid into the Highway Trust Fund (other than the Mass Transit Account) in the most recent fiscal year for which data is available.; and

(B) in paragraph (2)—

(i) by striking fiscal year 2022 and inserting fiscal year 2027;

(ii) by inserting and high priority corridor after national highway freight; and

(iii) by striking the carbon reduction program under section 175, to carry out subsection (c) of the PROTECT program under section 176,; and

(4) in subsection (h)—

(A) by inserting and high priority corridor after national highway freight; and

(B) by striking the carbon reduction program under section 175, to carry out subsection (c) of the PROTECT program under section 176,.

Section 117 of title 23, United States Code, is amended—

(1) in subsection (c)(1)(B) by striking 200,000 and inserting 50,000;

(2) in subsection (d)(1)(A)—

(A) in clause (ii) by striking including and all that follows through national scenic area; and inserting including a project to add capacity to the Interstate System to improve mobility;;

(B) by striking clause (v); and

(C) by redesignating clauses (vi) through (viii) as clauses (v) through (vii), respectively;

(3) in subsection (e)—

(A) in paragraph (1) by striking 15 percent and inserting 10 percent; and

(B) in paragraph (2) by striking $5,000,000 and inserting $10,000,000;

(4) in subsection (f)(2) by striking for the purpose of improving habitat for aquatic species and inserting that is eligible under section 176(d) of title 23;

(5) in subsection (n)—

(A) by striking Notification.— (1) In general. —Not later than 60 days and inserting Notification.— Not later than 3 days;

(B) by striking paragraph (2); and

(C) by redesignating subparagraphs (A) and (B) as paragraphs (1) and (2), respectively;

(6) in subsection (p) by striking paragraph (3);

(7) in subsection (q)—

(A) in paragraph (3)(A) by inserting and except as provided in paragraph (7) after other provision of law;

(B) in paragraph (4)(A) by striking $150,000,000 and inserting 10 percent of such amounts; and

(C) by adding at the end the following:

The Secretary may increase the Federal share for a project receiving a grant under this subsection to not more than 100 percent, solely with respect to eligible costs described in subparagraph (C), if the Secretary—

(i) finds that the project that includes construction activities has not received—

(I) a final Federal environmental decision under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); or

(II) a Federal, State, or local permit necessary to commence construction; and

(ii) determines that requiring the non-Federal share prior to such decision or permit would materially increase the risk of unreasonable project delay or project nondelivery.

The Secretary may exercise the authority under subparagraph (A)—

(i) for not more than 5 projects in a fiscal year; and

(ii) only to the extent that the aggregate amount of Federal participation applied pursuant to subparagraph (A) for the eligible costs described in subparagraph (C) does not exceed $30,000,000 for a project.

The authority under this paragraph may be applied only to nonconstruction costs the Secretary determines are reasonably necessary to advance the project to receipt of the approvals described in subparagraph (A)(i), including planning, preliminary engineering, environmental review, and permitting activities.

Nothing in this paragraph shall be construed to authorize the Secretary to increase the total amount of a grant awarded under this subsection.

Not later than 15 days prior to exercising authority under this paragraph, 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 notification that includes the basis for the determination under subparagraph (A).

The Secretary may exercise the authority under this paragraph only if the Secretary determines that the recipient has established appropriate accounting, internal control, and recordkeeping procedures to ensure that amounts made available under this paragraph are used only for the eligible costs described in subparagraph (C).

If the Secretary determines that amounts made available under this paragraph were expended for costs that are not eligible under this paragraph, the Secretary shall require repayment of such amounts and may take such other action as the Secretary determines appropriate under the grant agreement.

This paragraph shall cease to be effective on October 1, 2031.; and

(8) by striking subsection (s).

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

(1) by striking paragraph (5) and inserting the following:

Once every 2 years, the Secretary shall make a determination as to whether each State has developed and implemented a State asset management plan consistent with this section.

Notwithstanding section 120, for any State the Secretary has determined has not developed and implemented such a plan, the Federal share payable on account of any project or activity for which funds are obligated by the State under this section shall be 65 percent.

A determination of compliance under subparagraph (A) shall apply until the next recertification date under such subparagraph and paragraph (6)(B).

A determination of noncompliance under subparagraph (A) shall apply during the period beginning on the date of the determination and ending on the date on which the Secretary determines that the State is in compliance pursuant to subparagraph (E)(i).

A State shall submit to the Secretary information to support a determination under subparagraph (A) in conjunction with a submission with respect to recertification under paragraph (6)(B).

For purposes of subparagraph (A) and paragraph (6)(B), a submission of a State shall—

(I) be considered sufficient with respect to the time period if the submission is for the most recent year; and

(II) for applicable years other than the most recent year, include a certification by the State that the asset management undertaken in such applicable years by the State meets the requirements of this subsection.

If the Secretary determines that a State is not in compliance under subparagraph (A), the Secretary shall provide to the State—

(I) a written statement of the specific actions the Secretary determines to be necessary for the State to come into compliance with this section; and

(II) a period of not less than 90 days to cure the deficiencies, during which all penalties and other legal impacts of a determination of noncompliance shall be stayed.

The Secretary, upon request of a State, may extend the time period described in clause (i)(II), including the stay of all penalties and other legal impacts of a determination of noncompliance.; and

(2) in paragraph (6) by striking subparagraph (C) and inserting the following:

If the Secretary denies certification under subparagraph (A), the Secretary shall provide the State with—

(I) not less than 90 days to cure the deficiencies of the plan, during which time period all penalties and other legal impacts of a denial of certification shall be stayed; and

(II) a written statement of the specific actions the Secretary determines to be necessary for the State to cure the plan.

The Secretary, upon request of a State, may extend the time period described in clause (i)(I), including the stay of all penalties and other legal impacts of a denial of certification.

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

(1) in paragraph (1)—

(A) in subparagraph (A)(ii) by inserting and regional advance mitigation programs after banks;

(B) in subparagraph (B)—

(i) by inserting and the establishment of after contributions to; and

(ii) by inserting, plans, and programs after efforts; and

(C) in subparagraph (C)—

(i) by inserting and programs after protection plans; and

(ii) by inserting and advance mitigation programs after restoration plans;

(2) in paragraph (2) by striking and plans and inserting plans, and programs each place it appears; and

(3) in paragraph (3)(B)—

(A) by inserting or State- or regionally-sponsored advance mitigation program after agency-sponsored mitigation bank;

(B) by striking funded and inserting eligible each place it appears; and

(C) by inserting or advance mitigation program credits after credits each place it appears.

Not later than 1 year after the date of enactment of this Act, the Secretary shall revise any regulations necessary to carry out the amendments made by subsection (a).

Section 120(c) of title 23, United States Code, is amended—

(1) in paragraph (1) by striking closure and inserting closure or improvements; and

(2) by adding at the end the following:

Except as otherwise provided under this title, the Federal share payable for an activity carried out under section 134 shall be 90 percent.

Section 124 of title 23, United States Code, is amended to read as follows:

The Secretary shall establish a program to provide grants to each State in accordance with the apportionment formula described in paragraph (3) for the construction of new bridges and to improve the safety, efficiency, reliability, capacity, and utility of bridges and other structures in the United States.

Funds apportioned to a State under this subsection may only be obligated for projects to construct, replace, rehabilitate, preserve, protect, expand, or improve—

(i) a bridge on a public road; or

(ii) a culvert.

A grant provided for an eligible project described in subparagraph (A) may be used for—

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

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

(iii) expenses relating to the protection of a bridge (including as described in section 133(b)(10)).

Projects bundled pursuant to section 144(j) shall be considered eligible under subparagraph (A).

Amounts made available to carry out this subsection for a fiscal year shall be apportioned among each State as follows:

(i) $75,000,000 shall be apportioned to each State.

(ii) The remainder of amounts not otherwise distributed under clause (i) shall be apportioned among each State as follows:

(I) 25 percent by the proportion of the total bridge deck area in such State that bears to the sum of total bridge deck area in all States.

(II) 25 percent by the proportion of the total bridge deck area classified as in poor condition in such State that bears to the sum of the total bridge deck area classified in poor condition in all States.

(III) 25 percent by the proportion of the total bridge deck area of bridges on the National Highway System in such State that bears to the sum of the total National Highway System bridge deck area in all States.

(IV) 25 percent by the proportion of the total bridge deck area of bridges on the National Highway System that is classified as in poor condition in such State that bears to the sum of the total bridge deck area of bridges on the National Highway System that is classified as in poor condition in all States.

Notwithstanding subparagraph (A), the Secretary shall adjust the amounts apportioned to each State to ensure that each State receives an amount equal to at least the amount such State received in fiscal year 2026 under paragraph (1) under the heading Highway Infrastructure Programs in title VIII of division J of the Infrastructure Investment and Jobs Act (135 Stat. 1420), commonly referred to as the Bridge Formula Program.

Except as provided under clause (ii), of the amounts apportioned to a State under this paragraph for each fiscal year, the State shall ensure that not less than 20 percent of such amounts are used for purposes relating to off-system bridges (as defined in section 133(f)(1)).

The Secretary, in consultation with relevant State and local officials, may reduce the set aside requirement for a State under clause (i) if the Secretary determines that the State has an insufficient number of projects relating to off-system bridges.

In determining the off-system bridges for which amounts shall be set aside under this subparagraph shall be used, each State shall consult with, as applicable, relevant metropolitan planning organizations, regional transportation planning organizations, and other non-State owners of off-system bridges.

Amounts set aside under subparagraph (D) that are used for purposes relating to locally-owned bridges that are off-system bridges shall count towards the amount required to be used for off-system bridges by a State under clause (i).

Except as provided under clause (ii), of the amounts apportioned to a State under this paragraph for each fiscal year, the State shall set aside not less than 25 percent to fund a competitive process for locally-owned bridges as described in clause (iv) of this subparagraph.

The Secretary, in consultation with relevant State and local officials, may reduce the set aside requirement for a State under clause (i) only if the Secretary determines that the State has an insufficient number of projects relating to locally-owned bridges.

A State required to obligate funds in accordance with this subparagraph shall conduct a competitive process to select projects for funding.

In this subsection, the term locally-owned bridge means a bridge owned by a county, town, township, city, municipality, or other local entity.

Except as provided in clause (ii), of the amounts apportioned to a State under this paragraph for each fiscal year, the State may use not more than 5 percent of such amounts for projects that consist solely of culvert replacement or rehabilitation.

The limitation under clause (i) shall not apply if a State is required by an injunction issued by a Federal court to modify or replace culverts.

For purposes of determining the amount apportioned to each State pursuant to subparagraph (A), the Secretary shall calculate such formula using the most recently available data from the national bridge inventory established under section 144(b).

Section 165(b)(3) shall not apply to amounts apportioned under this subsection.

The Federal share of the cost of a project carried out under this subsection shall be determined in accordance with section 120, except that, in the case of such a project for an off-system bridge that is a locally-owned bridge or is owned by a federally-recognized Tribe, the Federal share shall be 95 percent.

A State may only transfer amounts apportioned under this subsection if the Secretary determines that the State has an insufficient number of eligible projects for which such amounts may be used.

Notwithstanding any other provision of law, a project carried out with amounts apportioned under this subsection shall be treated as a project on a Federal-aid highway under this chapter.

Of the amounts made available to carry out this subsection, the Secretary shall set aside 3 percent to carry out section 202(d).

Of amounts made available to carry out this subsection, $200,000,000 for each fiscal year through fiscal year 2031 shall be available to the Secretary, through the Administrator of the Federal Highway Administration, to make competitive grants under section 6703 of title 49.

Each State that receives a grant under this section shall submit to the Secretary, on an annual basis, a report describing—

(I) progress made in completing projects with funds apportioned under this subsection; and

(II) the effectiveness of such projects in reducing the number of bridges in poor condition and that require posted weight restrictions.

The Secretary shall publish each report submitted under clause (i) on a publicly available website of the Secretary.

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, and make publicly available, an annual report describing—

(i) projects carried out under this subsection;

(ii) national trends regarding the condition of bridges, including the effectiveness of such projects in reducing the number of bridges in poor condition and that require posted weight restrictions; and

(iii) policy recommendations to improve the effectiveness of the State apportionment mechanism established under this subsection.

The Secretary shall establish a program for the purpose of awarding grants, on a competitive basis, to eligible entities to improve the safety, efficiency, reliability, capacity, and utility of bridges in the United States.

A grant provided under this subsection may only be used for projects to construct, replace, rehabilitate, preserve, protect, expand, or improve a bridge on the National Highway System.

In this subsection, the term eligible project includes—

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

(ii) a project to replace or rehabilitate culverts that is eligible under section 176(d).

A grant provided for a project described in subparagraph (A) may be used for—

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

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

(iii) expenses related to the protection of a bridge as described in section 133(b)(10).

A grant provided under this subsection shall be—

(A) in an amount that is sufficient (in combination with other financial resources identified in the application for such grant) to fully fund the project for which the grant is awarded; and

(B) not less than $50,000,000.

The amount of assistance provided by the Secretary under this subsection for a project shall not exceed 50 percent of the total cost of the project.

Federal assistance other than a grant provided under this subsection may be used to satisfy the non-Federal share of the cost of a project for which a grant is provided under this subsection, except that the total Federal assistance provided for such a project may not exceed the applicable Federal share for the project under section 120.

Notwithstanding any other provision of law, Federal assistance other than a grant provided under this subsection may be used to pay the remaining share of the cost of a project carried out with a grant provided under this subsection by a Federal land management agency or a Tribal government or consortium of Tribal governments.

To be eligible for a grant under this subsection, 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, including all necessary information required for the Secretary to—

(i) determine that the project meets and will continue to meet the applicable requirements under this subsection; and

(ii) otherwise evaluate the project, including using the criteria described in subparagraph (B).

In selecting projects for which to provide a grant under this subsection, the Secretary shall consider the following:

(i) The average daily person and freight throughput expected to be supported by the project.

(ii) The expected safety benefits of the project.

(iii) The expected national or regional economic benefits of the project.

(iv) In the case of a project that is bundled with related projects, the extent to which the project will demonstrate cost savings.

(v) In the case of a project proposed to be carried out by a Federal land management agency, the extent to which the grant would reduce a Federal liability or Federal infrastructure maintenance backlog.

(vi) Geographic diversity among grant recipients, including the need to balance between the needs of rural and urban communities.

(vii) The extent to which the project is for a bridge in poor condition or at risk of falling into poor condition.

(viii) The extent to which the project is for a bridge that does not meet the most up-to-date geometric design standards based on the type and use of the bridge.

(ix) The extent to which the project is for a bridge that does not meet the most up-to-date seismic design standards or incorporate adequate impact protection measures.

On the request of an eligible entity carrying out a project with a grant provided under this subsection, 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 project for which the grant was awarded.

A project carried out with a grant provided under this subsection may be carried out through a multiyear grant agreement in accordance with this paragraph.

A multiyear grant agreement for a project described in subparagraph (A) shall—

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

(ii) establish the maximum amount of Federal financial assistance for the project in accordance with paragraph (4);

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

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

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

A multiyear grant agreement under this paragraph—

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

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

The agreement shall state that the contingent commitment is not an obligation of the Federal Government.

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

The applicant shall certify to the Secretary that the applicant has shown reasonable diligence in seeking the most favorable financing terms.

Notwithstanding any other provision of law, an eligible entity carrying out a project under a multiyear grant agreement—

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

(II) if the eligible entity uses funds described in subclause (I), the funds used shall be reimbursed from the amount made available under the multiyear grant agreement for the project.

The Secretary may pay to an eligible entity all eligible project costs described in paragraph (2)(B), including costs for an activity for a project incurred prior to the date on which the project receives funding under this subsection if—

(i) before the eligible entity carries out the activity, the Secretary approves through a letter to the applicant the activity in the same manner as the Secretary approves other activities as eligible under this subsection;

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

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

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

The applicant shall certify to the Secretary that the applicant has shown reasonable diligence in seeking the most favorable financing terms under clause (i).

An approval by the Secretary under subparagraph (A)(i) shall not constitute an obligation of the Federal Government.

In the case of a bridge owned by a Federal land management agency for which the agency applies for a grant under this subsection, the agency—

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

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

Notwithstanding any other provision of law, a project assisted under this subsection shall be treated as a project on a Federal-aid highway under this chapter.

Not later than 3 days before providing a grant for a project under this subsection, 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 such grant.

In this subsection, the term eligible entity means any of the following:

(A) A State or a group of States.

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

(C) A unit of local government or group of local governments.

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

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

(F) A Federal land management agency.

(G) A Tribal government or a consortium of Tribal governments.

(H) A multistate or multijurisdictional group of entities described in subparagraphs (A) through (G).

The analysis for chapter 1 of title 23, United States Code, is amended by striking the item relating to section 124 and inserting the following:

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

(1) in subsection (d)—

(A) in paragraph (2)—

(i) in subparagraph (A)(ii) by inserting or is a protective feature described in paragraph (3)(B) after natural disasters; and

(ii) by adding at the end the following:

An improvement that is part of a project under this section shall be considered economically justifiable by the Secretary if a State transportation department includes, with an application submitted under this section, a supporting narrative explanation demonstrating that the anticipated benefits of the improvement will exceed the costs.;

(B) in paragraph (3)(A) by striking that will mitigate the risk of recurring damage or the cost of future repair from extreme weather, flooding, and other natural disasters and inserting described in subparagraph (B); and

(C) by adding at the end the following:

Notwithstanding paragraph (1)(B), the Secretary may accept an application from a State transportation department after the 2-year deadline described in such paragraph if the Secretary finds that such application was delayed due to the lack of necessary permits or approvals relating to the repair or reconstruction of highways on Federal-aid highways.; and

(2) by adding at the end the following:

Notwithstanding any other provision of law, the Secretary may not require any project funded under this section to advance to the construction obligation stage before the date that is the last day of the fourth fiscal year after the later of—

(A) the date on which the Governor of the State declared the emergency, as described in subsection (d)(1)(A); or

(B) the date on which the President declared a major disaster, as described in subsection (d)(1)(A).

The Secretary may extend the deadline under paragraph (1) for not more than 1 year, and may issue additional extensions for a period of not more than 1 year after the expiration of any extension, if the Secretary determines the Governor of the State has provided suitable justification to warrant such an extension.

Notwithstanding paragraph (2), the Secretary shall extend the deadline under paragraph (1) for not more than 1 year, and shall issue additional extensions for a period of not more than 1 year after the expiration of any extension, if the Secretary finds that a project under this section has been delayed due to the lack of necessary permits or approvals relating to the repair or reconstructing of highways on Federal-aid highways.

Not later than 90 days after the date of enactment of this Act, the Secretary shall revise the emergency relief manual of the Federal Highway Administration to—

(A) reflect amendments made by subsection (a); and

(B) to include objective reimbursement thresholds and measurement procedures for debris removal and signal repairs.

The Secretary, acting through the Administrator of the Federal Highway Administration, shall provide to State departments of transportation training relating to revisions made to the emergency relief manual pursuant to paragraph (1).

After completing the revisions required under paragraph (1), the Secretary shall update the emergency relief manual of the Federal Highway Administration not less frequently than once every 3 years.

Section 129 of title 23, United States Code, is amended—

(1) in subsection (a)—

(A) in paragraph (9)(A) by striking that serves the public and inserting in scheduled or charter service; and

(B) in paragraph (11) by adding at the end the following:

The term charter service has the meaning given the term in section 604.3 of title 49, Code of Federal Regulations.; and

(2) by striking subsection (d) and inserting the following:

Notwithstanding any other provision of this title, or any regulation thereunder, Presidio County, Texas, may impose and collect tolls on the Presidio-Ojinaga International Bridge or for the use thereof, provided that Presidio County obtains the ownership interest of the State of Texas before imposing and collecting such tolls.

Presidio County, Texas, shall use any revenues received under the authority of this subsection for preventative and routine maintenance of roadways located in such County and related costs.

Section 130 of title 23, United States Code, is amended—

(1) in subsection (a) by striking elimination of hazards of railway-highway crossings and inserting reduction or elimination of hazards of railway-highway crossings, including installing protective devices such as quad gates,;

(2) in subsection (e)(1)(A) by striking 2022 through 2026 and inserting 2027 through 2031;

(3) in subsection (i)(3)(B) by inserting (as adjusted annually by the Secretary beginning in fiscal year 2027 to reflect any increases in the Consumer Price Index prepared by the Department of Labor) after $100,000; and

(4) in subsection (k) by striking 8 and inserting 4.

Not later than 1 year after the date of enactment of this Act, the Secretary, acting through the Administrator of the Federal Highway Administration, shall issue guidance describing the types of projects under section 130(e)(1)(B) of title 23, United States Code, for which a State may use funds set aside under section 130(e)(1)(A) of such title.

Section 133 of title 23, United States Code, is amended—

(1) by striking low water crossing and inserting low-water crossing each place it appears;

(2) in subsection (b)—

(A) in paragraph (1)—

(i) in subparagraph (E) by striking section 1401 of MAP–21 (23 U.S.C. 137 note) and inserting section 180;

(ii) in subparagraph (F) by striking and at the end;

(iii) in subparagraph (G) by striking the period and inserting; and; and

(iv) by adding at the end the following:

(H) infrastructure to improve the ability of an existing surface transportation asset to—

(i) withstand 1 or more elements of a weather event or natural disaster; or

(ii) increase the resilience of surface transportation infrastructure from the impacts of natural disasters.;

(B) in paragraph (7) by striking,, and inserting a comma;

(C) in paragraph (11) by inserting and rail before planning;

(D) in paragraph (16) by inserting, and digital infrastructure before the period at the end;

(E) by redesignating paragraphs (5) through (24) as paragraphs (4) through (23), respectively; and

(F) by adding at the end the following:

(24) Projects described in subsections (a), (d), and (e) of section 176.

(25) Planning, design, construction, and improvements associated with a passenger rail station or equipment that serves a State-supported route (as such term is defined in section 24102 of title 49).;

(3) in subsection (c)—

(A) in paragraph (1) by striking a new bridge or;

(B) in paragraph (2) by striking paragraphs (5) through (15) and paragraph (23) of subsection (b) and inserting paragraphs (4) through (14) and paragraph (22) of subsection (b); and

(C) in paragraph (5) by striking by the Secretary and inserting in subsection (f)(1);

(4) in subsection (d)—

(A) in paragraph (1)(A) by striking 2022 through 2026 and inserting 2027 through 2031; and

(B) in paragraph (3)(A)(ii) by striking 2022 through 2026 and inserting 2027 through 2031;

(5) in subsection (e)(1) by striking 2022 through 2026 and inserting 2027 through 2031;

(6) in subsection (f)—

(A) by striking paragraph (1) and inserting the following:

In this subsection:

The term low-water crossing means a waterway crossing for a public road (other than a bridge) that has been improved to be—

(i) passable by vehicles during periods of ordinary stream flow; and

(ii) impassable by vehicles during periods of high stream flow.

The term off-system bridge means a bridge or low water crossing that—

(i) is located on a public road that is not a Federal-aid highway; and

(ii) is greater than 6 feet in length.;

(B) in paragraph (2)—

(i) by striking and (10) of subsection (b) and inserting and (9) of subsection (b);

(ii) by striking low water crossings with and inserting low-water crossings with; and

(iii) by striking subsection (b)(10) for low water crossings (as defined by the Secretary) and inserting subsection (b)(9) for low-water crossings; and

(C) in paragraph (3) by striking (as defined by the Secretary);

(7) in subsection (h)(7)—

(A) by redesignating subparagraph (C) as subparagraph (E); and

(B) by striking subparagraph (B) and inserting the following:

Notwithstanding section 120—

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

(ii) the Federal share of the cost of an individual project under this subsection may be up to 100 percent.

Notwithstanding any other provision of law, funds made available to carry out section 148 may be credited toward the non-Federal share of the costs of a project under this subsection if—

(i) a project that is otherwise eligible under this subsection includes a Proven Safety Countermeasure for bicyclists or pedestrians, as determined by the Administrator of the Federal Highway Administration on the day before the date of enactment of the BUILD America 250 Act; and

(ii) the proposed project—

(I) supports State highway safety objectives as determined by—

(aa) the inclusion of an emphasis area related to vulnerable road users within a relevant State strategic highway safety plan; or

(bb) a description of the proposed project in a program of projects or strategies developed pursuant to section 148(l); or

(II) is included in a data-driven local roadway safety plan, including—

(aa) a complete streets prioritization plan described in section 11206 of the Surface Transportation Reauthorization Act of 2021 (23 U.S.C. 134 note);

(bb) a transition plan described in section 35.150(d) of title 28, Code of Federal Regulations (or successor regulations) (commonly known as an ADA Transition Plan);

(cc) a Tribal transportation safety plan; or

(dd) a comprehensive safety action plan (as defined in section 155).;

(8) in subsection (j)(2) by inserting, a community in an urban area with a population of less than 10,000, after rural community;

(9) in subsection (k)(1)(B)(i) by striking 14501 and inserting section 14501; and

(10) by adding at the end the following:

Nothing in this section requires a metropolitan planning organization or a State to develop a resilience improvement plan or to include a resilience improvement plan in a metropolitan transportation plan under section 134 or a long-range statewide transportation plan under section 135, as applicable.

Not more than 5 percent of the funds apportioned to a State under section 104(b)(2) may be used for a project described in subsection (b)(25) that was not eligible under this section on the date prior to the date of enactment of the BUILD America 250 Act.

Section 126(b)(2)(B) of title 23, United States Code, is amended—

(1) in clause (i) by striking the semicolon at the end and inserting a period;

(2) by striking Secretary and all that follows through held and inserting State certifies to the Secretary that the State held; and

(3) by striking clauses (ii) and (iii).

Section 165(c)(7) of title 23, United States Code, is amended by striking section 133(b)(13) and inserting section 133(b)(12).

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

(1) in subsection (b)—

(A) by redesignating paragraphs (5) through (7) as paragraphs (6) through (8), respectively; and

(B) by inserting after paragraph (4) the following:

The term primary urbanized area means an urbanized area that—

(A) has a population of at least 3,500,000 individuals, as determined by the Bureau of Census; or

(B) extends into more than 1 State and has a population of at least 200,000, as determined by the Bureau of Census.;

(2) in subsection (f)(1) by striking metropolitan area and and inserting metropolitan area, including primary urbanized areas that extend into more than 1 State in accordance with section 5308 of title 49, and;

(3) in subsection (j)—

(A) in paragraph (1) by adding at the end the following:

Notwithstanding any other provision of law, the amendment of an approved TIP to add a project or an identified phase of a project shall not require public review and comment if the added project or the identified phase—

(i) was in the approved TIP that immediately preceded the current TIP; and

(ii) is unchanged from the project or the identified phase in the preceding TIP.; and

(B) in paragraph (5)(A) by striking subsection (k)(4) and inserting subsection (k)(5);

(4) in subsection (k)(4)—

(A) in subparagraph (A) by striking In general. and inserting Housing coordination process.;

(B) by striking subparagraph (B);

(C) in subparagraph (C)—

(i) by striking Plan and all that follows through A metropolitan planning organization and inserting Plan.—A metropolitan planning organization; and

(ii) by striking clause (ii); and

(D) by redesignating subparagraph (C), as amended, as subparagraph (B); and

(5) by adding at the end the following:

In addition to carrying out the purposes of this section, funds apportioned under section 104(b)(6) of this title and section 5313(f) of title 49 to States and metropolitan planning organizations may be used for—

(1) fiscal administration of local projects;

(2) preliminary design;

(3) local technical assistance;

(4) studies directly linked to transportation; and

(5) critical data procurement.

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

(1) in subsection (e)(3) by striking the period at the end and inserting, including primary urbanized areas that extend to more than 1 State in accordance with section 5308 of title 49.; and

(2) in subsection (g)—

(A) by redesignating paragraph (9) as paragraph (10); and

(B) by inserting after paragraph (8) the following:

Notwithstanding any other provision of law, the amendment of an approved transportation improvement program to add a project or an identified phase of a project shall not require public review and comment if the added project or the identified phase—

(A) was in the approved transportation improvement program that immediately preceded the current transportation improvement program; and

(B) is unchanged from the project or the identified phase in the preceding transportation improvement program.

Section 11205(b) of the Surface Transportation Reauthorization Act of 2021 (23 U.S.C. 134 note) is amended—

(1) in paragraph (1), in the matter preceding subparagraph (A), by striking Not later than 2 years after the date of enactment of this Act, and inserting Not later than 1 year after the date of enactment of BUILD America 250 Act,;

(2) in paragraph (3) by striking The Secretary and inserting Not later than 1 year after the date of enactment of BUILD America 250 Act, the Secretary; and

(3) by adding at the end the following:

The Secretary shall notify the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate when the requirements of this subsection have been met.

If the Secretary will not meet the deadline under paragraph (1) or paragraph (3), before the date on which such deadline has not been met, the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a report stating the reason for the delay and actions taken to meet the requirements of this subsection.

Not later than 180 days after the date of enactment of this Act, the Secretary shall establish a process by which a metropolitan planning organization may qualify as a direct recipient of funds apportioned or made available under section 104(b)(6) of title 23, United States Code.

The process under paragraph (1)—

(A) shall ensure metropolitan planning organizations may apply on a rolling basis to become direct recipients under this subsection;

(B) shall evaluate whether a metropolitan planning organization qualifies as a direct recipient based on the legal, technical, and financial capacity of such organization to receive and appropriately manage Federal funding and funding requirements;

(C) may occur concurrently with the recertification process under section 134(k)(6) of title 23, United States Code; and

(D) shall, not later than 1 year after the date of enactment of the BUILD America 250 Act, establish a process to enable a direct recipient designated under this subsection to use a Federal-aid financial management system, subject to paragraph (4), in a manner similar to a State.

When the Secretary annually apportions or makes available funds described in paragraph (1), the Secretary shall directly allocate to any direct recipient designated under this subsection—

(A) contract authority apportioned under section 104(b)(6) of title 23, United States Code, in an amount consistent with the allocation process under section 104(d)(2) of such title for such direct recipient; and

(B) an amount of obligation authority distributed to the State for Federal-aid highways and highway safety construction programs that is equal to the amounts specified in subparagraph (A).

As determined to be appropriate by the Secretary, a direct recipient of funds under this subsection shall be responsible for compliance with all legal requirements associated with such funding, including any requirements applicable to a State under section 106 of title 23, United States Code.

Section 143(b)(2)(A) of title 23, United States Code, is amended by striking fiscal years 2022 through 2026 and inserting fiscal years 2027 through 2031.

Section 144 of title 23, United States Code, is amended—

(1) in subsection (a)(1)(A) by striking the condition of the bridges and all that follows through bridge conditions and inserting the continuous improvement of bridge conditions in the United States;

(2) in subsection (b)—

(A) in paragraph (3) by adding and at the end;

(B) in paragraph (4) by striking the semicolon at the end and inserting a period; and

(C) by striking paragraphs (5) and (6);

(3) in subsection (h)(4)—

(A) in subparagraph (A) by striking annually and inserting biennially; and

(B) in subparagraph (B) by striking an annual and inserting a biennial; and

(4) in subsection (j)—

(A) in paragraph (2) by striking or 133. and inserting, 124, or 133.;

(B) in paragraph (3)(A) by striking or 133; and inserting, 124, or 133; and

(C) by striking paragraph (5).

The Secretary shall revise subparts C and E of part 650 of subchapter G of chapter 1 of title 23, Code of Federal Regulations, as necessary to conform to the amendments made by subsection (a)(3).

Section 147 of title 23, United States Code, is amended by striking subsection (h) and inserting the following:

There is authorized to be appropriated out of the Highway Trust Fund (other than the Mass Transit Account) to carry out this section—

(1) $182,000,000 for fiscal year 2027;

(2) $184,000,000 for fiscal year 2028;

(3) $186,000,000 for fiscal year 2029;

(4) $189,000,000 for fiscal year 2030; and

(5) $191,000,000 for fiscal year 2031.

Section 148 of title 23, United States Code, is amended—

(1) in subsection (a)—

(A) in paragraph (4)(B)—

(i) by amending clause (xvi) to read as follows:

(xvi) Installation of guardrails, barriers (including suicide barriers and barriers between construction work zones and traffic lanes for the safety of road users and roadway workers), and crash attenuators.;

(ii) in clause (xxiii) by striking section 1401 of the MAP–21 and inserting section 180;

(iii) in clause (xxvii)—

(I) by inserting bollards, after medians,;

(II) by striking and protected and inserting protected; and

(III) by striking features. and inserting features, or infrastructure that connects 2 or more existing segments of such roadway improvements.;

(iv) by redesignating clause (xxix) as clause (xxxii); and

(v) by inserting after clause (xxviii) the following:

(xxix) The acquisition, development, or deployment of safety data and systems, including predictive analytics, telematics, and additional validated methodology tools.

(xxx) The purchase, installation, and performance improvements of digital infrastructure technologies, including digital alerting systems and electronic ticketing (or e-ticketing) technology.

(xxxi) A project or strategy described in a program developed pursuant to subsection (l)(2)(B).;

(B) in paragraph (8) by inserting roadway worker or after, including a; and

(C) in paragraph (10) by striking traffic data and inserting other traffic data (including predictive analytics, telematics, and additional validated methodology tools used for risk modeling and planning);

(2) in subsection (c)(2)—

(A) in subparagraph (A)—

(i) in clause (v) by striking; and and inserting a semicolon;

(ii) in clause (vi) by inserting and after the semicolon; and

(iii) by adding at the end the following:

(vii) to evaluate project effectiveness using both post-crash data and predictive analytics, telematics, or additional validated methodology tools;

(B) in subparagraph (B)(i)—

(i) by inserting construction work zones, after roadside obstacles,; and

(ii) by inserting, and roadway workers after pedestrians; and

(C) in subparagraph (D)—

(i) in clause (iii)—

(I) by striking (including motorcyclists) and inserting, motorcyclists; and

(II) by inserting roadway workers, after pedestrians,; and

(ii) in clause (vi) by striking and pedestrians, and inserting pedestrians, and roadway workers,;

(3) in subsection (d)(2)(A)(i) by inserting every 3 years after of the State;

(4) in subsection (g)(1)—

(A) by striking next fiscal year and inserting next 3 fiscal years;

(B) by inserting annual before amount equal to; and

(C) by striking 200 and inserting 300;

(5) in subsection (h)(1)(C)—

(A) in clause (ii) by striking; and and inserting a semicolon;

(B) in clause (iii) by striking the period at the end and inserting; and; and

(C) by adding at the end the following:

(iv) the occurrences of fatalities and serious injuries at construction work zones.;

(6) in subsection (l)(2)(A)—

(A) in clause (ii)—

(i) by striking of the locations; and

(ii) by striking; and and inserting a semicolon;

(B) by redesignating clause (iii) as clause (iv); and

(C) by inserting after clause (ii) the following:

(iii) considers the location of fatalities and serious injuries, including roadside obstacles, construction work zones, railway-highway crossing needs, the presence of or absence of dedicated infrastructure for vulnerable road users, and unmarked or poorly marked roads; and; and

(7) in subsection (l)(2)(B) by striking subparagraph (A)(iii) and inserting subparagraph (A)(iv).

In implementing the amendment to section 148(d)(2) of title 23, United States Code, the Secretary may permit a State to take such actions as are necessary to align the submission of the strategic highway safety plan with the submission of the triennial highway safety plan, pursuant to section 402(k) of title 23, United States Code.

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

(1) in subsection (b)—

(A) in paragraph (10)(B) by striking or at the end;

(B) in paragraph (11)(B) by striking the period at the end and inserting a semicolon; and

(C) by adding at the end the following:

(12) if the project deploys advanced transportation and congestion management technologies that reduce traffic congestion or improve air quality; or

(13) if the project supports digital infrastructure and reduces traffic congestion or improves traffic flow.;

(2) in subsection (c) by adding at the end the following:

Notwithstanding any other provision of this section, a State—

(A) may obligate funds apportioned under section 104(b)(4) at any location in the State for projects described in section 151(f)(6) or section 151(f)(8)(D) at any location in the State;

(B) shall consider for such projects the considerations described in section 151(f)(4)(A)(iii); and

(C) shall obligate not less than the following amounts of such funds for such projects:

(i) 10 percent of funds in fiscal year 2027.

(ii) 9 percent of funds in fiscal year 2028.

(iii) 8 percent of funds in fiscal year 2029.

(iv) 7 percent of funds in fiscal year 2030.;

(3) in subsection (i)(2)—

(A) in subparagraph (C) by inserting, including by considering the cost-effectiveness of a project as it relates to improving air quality and incorporating any recommendations made by the Secretary after subsection (l); and

(B) by adding at the end the following:

The Secretary, in consultation with the Administrator, shall update the table described in subparagraph (A) not less frequently than once every 2 years.; and

(4) in subsection (k)(1) by amending subparagraph (B) to read as follows:

(B) to the extent practicable, prioritize benefits to populations living in, or immediately adjacent to, such area.

Not later than 90 days after the date of enactment of this Act, and annually thereafter, the Secretary shall provide written notification to State transportation departments and relevant metropolitan planning organizations regarding—

(1) information about the cost-effectiveness of projects obtained through the evaluation conducted pursuant to section 149(i)(2) of title 23, United States Code; and

(2) the requirement under subparagraph (C) of such section that States and metropolitan planning organizations shall consider such information when selecting projects.

Sections 11402 and 11406 of the Infrastructure Investment and Jobs Act (23 U.S.C. 149 note), and the items relating to such section in the table of contents under section 1(b) of such Act, are repealed.

Section 24112 of the Infrastructure Investment and Jobs Act (23 U.S.C. 402 note) is amended—

(1) in subsection (a)—

(A) in paragraph (1)—

(i) in the matter preceding subparagraph (A) by striking, commonly referred to as a Vision Zero or Toward Zero Deaths plan,; and

(ii) in subparagraph (E) by striking, including the means by which that effectiveness will be reported to residents in a locality; and

(B) in paragraph (2)—

(i) in subparagraph (B) by inserting or territory after State;

(ii) by redesignating subparagraph (D) as subparagraph (E);

(iii) by inserting after subparagraph (C) the following:

(D) the District of Columbia;; and

(iv) in subparagraph (E), as so redesignated, by striking subparagraphs (A) through (C) and inserting subparagraphs (A) through (D);

(2) in subsection (b)—

(A) by inserting, acting through the Administrator of the Federal Highway Administration, after Secretary; and

(B) by striking, commonly referred to as Vision Zero or Toward Zero Deaths initiatives;

(3) in subsection (c)(2)—

(A) in subparagraph (B), by striking less than 40 percent and inserting more than 5 percent; and

(B) by adding at the end the following:

Of the total amount made available to carry out the program for each fiscal year, not less than 30 percent shall be awarded for grants for eligible projects located in areas with a population of 50,000 or fewer.

The Secretary shall prioritize applicants that have developed a comprehensive safety action plan when selecting projects under subparagraphs (B) and (C) of subsection (a)(3).;

(4) in subsection (d)(3)—

(A) in subparagraph (A) by inserting roadway workers, after pedestrians,; and

(B) in subparagraph (E)—

(i) by striking, or will ensure, equitable; and

(ii) by inserting rural or after safety needs of;

(5) in subsection (e) by striking 80 and inserting 90;

(6) in subsection (f)(1) by striking fiscal years 2022 through 2026 and inserting fiscal years 2027 through 2031; and

(7) in subsection (h) by striking 120 days and inserting 1 year.

Section 24112 of the Infrastructure Investment and Jobs Act (23 U.S.C. 402 note), as amended by subsection (a), is transferred to appear after section 154 of title 23, United States Code, and redesignated as section 155.

The analysis for chapter 1 of title 23, United States Code, is amended by striking the item relating to section 155 and inserting the following:

The table of contents for the Infrastructure Investment and Jobs Act (Public Law 117–58) in section 1(b) of such Act is amended by striking the item relating to section 24112.

Section 165(a) of title 23, United States Code, is amended by striking paragraphs (1) and (2) and inserting the following:

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

(A) $191,000,000 shall be for fiscal year 2027;

(B) $195,000,000 shall be for fiscal year 2028;

(C) $199,000,000 shall be for fiscal year 2029;

(D) $203,000,000 shall be for fiscal year 2030; and

(E) $207,000,000 shall be for fiscal year 2031; and

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

(A) $51,200,000 shall be for fiscal year 2027;

(B) $52,400,000 shall be for fiscal year 2028;

(C) $53,600,000 shall be for fiscal year 2029;

(D) $54,800,000 shall be for fiscal year 2030; and

(E) $56,000,000 shall be for fiscal year 2031.

Section 165(c)(7) of title 23, United States Code, is further amended by striking paragraphs (1), (2), (3), and (5) of.

Section 166 of title 23, United States Code, is amended—

(1) in subsection (b)—

(A) in paragraph (3)(C) by striking serving the public and inserting in scheduled or charter service; and

(B) in paragraph (5)(A) by striking 2025 and inserting 2031; and

(2) in subsection (f) by adding at the end the following:

The term charter service has the meaning given the term in section 604.3 of title 49, Code of Federal Regulations.

Section 167 of title 23, United States Code, is amended—

(1) in the section heading by inserting and high priority corridor after freight;

(2) in subsection (a)—

(A) in paragraph (1) by striking under this section to ensure that the Network provides and inserting under this section and high priority corridors identified under section 1105 of the Intermodal Surface Transportation Efficiency Act of 1991 (105 Stat. 2031) to ensure that the Network and high priority corridors provide; and

(B) in paragraph (2) by striking with this section to improve the efficient movement of freight on the National Highway Freight Network. and inserting with this section to—

(A) improve the efficient movement of freight on the National Highway Freight Network; and

(B) improve high priority corridors to meet the design standards and specifications of the Interstate System and connect to the existing Interstate System.;

(3) in subsection (b)—

(A) by redesignating paragraphs (2) through (7) as paragraphs (3) through (8), respectively; and

(B) by inserting after paragraph (1) the following:

(2) to increase the capacity of the National Highway Freight Network to improve freight transportation, including through improving and increasing the capacity of the Interstate System and the improvement of high priority corridors;

(4) in subsection (c)(2)—

(A) in subparagraph (C) by striking and at the end;

(B) in subparagraph (D) by striking the period and inserting; and; and

(C) by adding at the end the following:

(E) high priority corridors identified under section 1105 of the Intermodal Surface Transportation Efficiency Act of 1991 (105 Stat. 2031).;

(5) in subsection (d)(2)—

(A) in subparagraph (B) by striking 3 percent and inserting 5 percent; and

(B) in subparagraph (E)—

(i) by redesignating clauses (vi) through (xi) as clauses (vii) through (xii), respectively; and

(ii) by inserting after clause (v) the following:

(vi) the movement of agricultural products and access to agriculture facilities;

(6) in subsection (e)—

(A) by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively;

(B) in paragraph (1) by striking A State and all that follows through and— and inserting A State shall designate critical rural freight corridors within the border of the State.

A State may designate a public road as a critical freight corridor, pursuant to paragraph (1), if such road is not in an urbanized area and—; and

(C) in paragraph (4), as so redesignated, by striking paragraph (2) and inserting paragraph (3);

(7) in subsection (h)—

(A) in paragraph (3)—

(i) in subparagraph (A) by striking 2 percent and inserting 2.5 percent; and

(ii) in subparagraph (B) by striking 2 percent and inserting 2.5 percent; and

(B) in paragraph (5)—

(i) in subparagraph (B)—

(I) by striking clause (iii) and inserting the following:

(iii) for the modernization or rehabilitation of a lock and dam, if the Secretary determines that the project is functionally connected to the National Highway Freight Network; and; and

(II) in clause (iv) by striking project— and all that follows through the period at the end and inserting project is functionally connected to the National Highway Freight Network.; and

(ii) in subparagraph (C)—

(I) in clause (iii) by striking Intelligent transportation systems and inserting Digital infrastructure, intelligent transportation systems,;

(II) in clause (xi) by striking section 1401 of MAP–21 (23 U.S.C. 137 note) and inserting section 180;

(III) by redesignating clauses (xxii) and (xxiii) as clauses (xxiv) and (xxv), respectively;

(IV) by inserting after clause (xxi) the following:

(xxii) A highway or bridge project to improve or increase the capacity of the National Highway Freight Network, including by increasing the capacity of the Interstate System.

(xxiii) A highway or bridge project to improve a high priority corridor, including a project to improve facilities to meet design standards and specifications for the Interstate System.; and

(V) in clause (xxiv), as so redesignated, by striking clauses (i) through (xxi) and inserting clauses (i) through (xxiii); and

(8) in subsection (j)(1)(A)(ii) by striking ports-of entry and inserting ports of entry.

The analysis for chapter 1 of title 23, United States Code, is amended by striking the item relating to section 167 and inserting the following:

Section 171 of title 23, United States Code, is amended—

(1) in subsection (a) by striking public interest because and all that follows through the period at the end and inserting public interest.;

(2) in subsection (b)(1) by striking collisions; and and inserting collisions, including through—

(A) construction projects; and

(B) non-construction projects (including planning and research); and;

(3) in subsection (e)—

(A) by striking subparagraph (D); and

(B) by redesignating subparagraphs (E) and (F) as subparagraphs (D) and (E), respectively;

(4) in subsection (g) by striking 60 percent and inserting 75 percent;

(5) by redesignating subsection (i) as subsection (j); and

(6) by striking subsection (h) and inserting the following:

Of the amounts made available to carry out the pilot program each fiscal year, not more than 5 percent may be used for non-construction activities described in subsection (b)(1)(B).

The Secretary shall submit to Congress an annual report through fiscal year 2031 that includes—

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

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

(3) policy recommendations to improve the effectiveness of the pilot program.

Section 173 of title 23, United States Code, is amended to read as follows:

There is established a rural, urban, local, and regional surface transportation grant program, which shall consist of the programs established under subsections (c), (d), and (e) to provide financial assistance for projects eligible under such subsections.

The Secretary may—

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

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

To be eligible to receive a grant under this section, an eligible entity under subsections (c), (d), or (e) shall submit to the Secretary an application in such form, at such time, and containing such information as the Secretary may require.

An eligible entity may use funds from a grant under this section for—

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

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

In carrying out this section, the Secretary may make grants to eligible entities, on a competitive basis, in accordance with this section.

Of amounts made available to carry out this section for each fiscal year—

(i) 25 percent shall be for grants under the rural surface transportation grant program under subsection (c);

(ii) 25 percent shall be for grants under the urban surface transportation grant program under subsection (d); and

(iii) 50 percent shall be for grants under the local and regional surface transportation grant program under subsection (e).

Except as provided in subparagraph (B), the Federal share of the cost of a project carried out with a grant administered under this section may not exceed 80 percent.

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

(ii) The Federal share of the cost of an eligible project for a grant carried out in an area of persistent poverty (as defined in section 6702(a) of title 49) may exceed 80 percent, at the discretion of the Secretary.

Federal assistance other than a grant under the program may be used to satisfy the non-Federal share of the cost of a project carried out with a grant under the program.

Except as otherwise provided in subclause (II), projects funded under this section shall be treated as projects on a Federal-aid highway under this chapter.

The Secretary shall—

(aa) for a transit project, apply the requirements of chapter 53 of title 49;

(bb) for a rail project, apply the requirements of section 22905 of title 49.

Except as otherwise provided in this clause, if an eligible project is a multimodal project, the Secretary shall—

(aa) determine the predominant modal component of the project; and

(bb) apply the applicable requirements described in item (aa) of the predominant modal component to the project.

The requirements of section 22905 of title 49 shall apply to any passenger or freight rail component of a project.

The requirements of section 5333 of title 49 shall apply to any public transportation component of a project.

Not later than 3 days before providing a grant under this section, the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and Committee on Environment and Public Works of the Senate—

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

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

(C) proposed grant amounts.

Not later than 30 days after providing a grant for a project under this section, the Secretary shall provide to all applicants, and publish on the website of the Department of Transportation, the information described in paragraph (6).

The Secretary shall provide, on the request of an eligible entity, the opportunity to receive a briefing to explain any reasons the eligible entity was not selected to receive a grant under this section.

Assistance provided under subparagraph (B) shall not be considered a guarantee of future selection of an applicable project under the program.

The Secretary shall make available on the website of the Department of Transportation at the end of each fiscal year an annual report that lists each project for which a grant has been provided under this section during that fiscal year.

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.

The Secretary shall provide pre-award authority for eligible pre-award activities to permit expenses to be incurred by a recipient during the period beginning on the date on which the recipient is selected and ending on the date on which the grant agreement is signed.

The Secretary shall make publicly available in the notice of funding opportunity the eligible pre-award activities for an award under this section which shall be similar in nature to eligible pre-award activities granted to applicants under section 5309 of title 49.

In this subsection:

The term program means the program established under paragraph (2)(A).

The term covered rural area means an area that is outside an urban area with a population of over 50,000.

The Secretary shall establish a rural surface transportation grant program to provide grants, on a competitive basis, to eligible entities to improve and expand the surface transportation infrastructure in covered rural areas.

The goals of the program shall be—

(i) to increase connectivity;

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

(iii) to generate regional economic growth and improve quality of life in covered rural areas.

The Secretary may make a grant under the program to—

(A) a State;

(B) a regional transportation planning organization;

(C) a unit of local government;

(D) a Tribal government or a consortium of Tribal governments; and

(E) a multijurisdictional group of entities described in subparagraphs (A) through (D).

Except as provided in subparagraph (B), the Secretary may make a grant under the program only for a project that is—

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

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

(iii) a project eligible under section 202(a);

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

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

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

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

An eligible entity may bundle 2 or more similar eligible projects under the program that are—

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

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

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

The Secretary may provide a grant under the program to an eligible project only if the Secretary determines that the project—

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

(B) will be cost effective;

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

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

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

In providing grants under the program, the Secretary shall consider the extent to which an eligible project will—

(A) improve the state of good repair of existing transportation facilities;

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

(C) address economic development and job creation challenges;

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

(E) contribute to geographic diversity among grant recipients;

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

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

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

(I) address disaster preparedness, resilience, or support an evacuation route (as such term is defined in section 176(a));

(J) support the movement of agricultural products through and from covered rural areas, including by improving or rebuilding bridges (including improvements that allow for the removal or increase of a posted weight restriction);

(K) support access to Federal or Tribal lands;

(L) support access to utility infrastructure, including energy infrastructure or water storage facilities; and

(M) improve the seismic safety or structural resilience of transportation infrastructure located in areas of high seismic risk.

Except as provided in paragraph (8)(A), a grant under the program shall be in an amount that is not less than $5,000,000.

The Secretary shall use not more than 10 percent of the amounts made available for the program for each fiscal year to provide grants for eligible projects in an amount that is less than $5,000,000.

The Secretary shall reserve no more than 15 percent of the amounts made available for the program for each fiscal year for eligible projects that further the completion of designated routes of the Appalachian Development Highway System under section 14501 of title 40.

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

The Secretary shall reserve 10 percent of the amounts made available for the program for each fiscal year to provide grants for eligible projects that support the movement of agricultural products from covered rural areas.

The Secretary shall reserve 5 percent of the amounts made available for the program for each fiscal year to provide grants for eligible projects in areas with a population of not more than 5,000.

In any fiscal year in which qualified applications for grants under this subsection do not allow for the amounts reserved under subparagraphs (A) through (E) to be fully utilized, the Secretary shall use the unutilized amounts to make other grants under the program.

In this subsection:

The term program means the program established under paragraph (2)(A).

The term covered urban area means an area with a population of not less than 50,000.

The Secretary shall establish an urban surface transportation grant program to provide grants, on a competitive basis, to eligible entities to improve and expand the surface transportation infrastructure in urban areas.

The goals of the program shall be—

(i) to increase connectivity;

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

(iii) to generate regional economic growth and improve quality of life in urban areas.

The Secretary may make a grant under the program to—

(A) a State;

(B) the District of Columbia;

(C) any territory or possession of the United States;

(D) a unit of local government;

(E) a public agency or publicly chartered authority established by 1 or more States;

(F) a special purpose district or public authority with a transportation function or a lessee of a Federal surface transportation hub, including a port authority;

(G) a transit agency;

(H) a Tribal government or a consortium of Tribal governments; and

(I) a multi-State or multijurisdictional group of entities described in any of subparagraphs (A) through (H).

Except as provided in subparagraph (B), the Secretary may make a grant under the program only for a project that is—

(i) a surface transportation project eligible under this title;

(ii) a public transportation project eligible for assistance under chapter 53 of title 49;

(iii) a passenger rail or freight rail transportation project eligible for assistance under title 49;

(iv) a project eligible under section 6702 and 6703 of title 49;

(v) a project eligible for a grant program established under subtitle E of title I of the Surface Transportation Reauthorization Act of 2021 (135 Stat. 578 et. seq.); or

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

An eligible entity may bundle 2 or more similar eligible projects under the program that are—

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

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

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

The Secretary may provide a grant under the program to an eligible project only if the Secretary determines that the project—

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

(B) will be cost effective;

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

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

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

In providing grants under the program, the Secretary shall consider the extent to which an eligible project will—

(A) improve the state of good repair of existing transportation facilities;

(B) increase surface transportation system or local connectivity and improve mobility for residents of urban areas;

(C) address economic development and job creation challenges;

(D) contribute to geographic diversity among grant recipients;

(E) improve safety, including the anticipated reduction of accidents and related costs;

(F) include resilience benefits against natural disasters, including the ability to withstand disruptions from a seismic event;

(G) incorporate environmental benefits;

(H) provide safety and mobility benefits to multiple users of the project;

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

(J) improve access to emergency care, essential services, healthcare providers, or drug and alcohol treatment and rehabilitation resources, or a facility or organization that provides community support services.

Except as provided in paragraph (8)(A), a grant under the program shall be in an amount that is not less than $5,000,000.

The Secretary shall use not more than 10 percent of the amounts made available for the program for each fiscal year to provide grants for eligible projects in an amount that is less than $5,000,000.

Of the total amount made available to carry out the program for each fiscal year, not less than 1 percent shall be awarded for projects in areas of persistent poverty (as defined in section 6702(a) of title 49).

In this subsection:

The term eligible entity means—

(i) a State;

(ii) the District of Columbia;

(iii) any territory or possession of the United States;

(iv) a unit of local government;

(v) a public agency or publicly chartered authority established by 1 or more States;

(vi) a special purpose district or public authority with a transportation function or a lessee of a Federal surface transportation hub, including a port authority;

(vii) a federally recognized Indian Tribe or a consortium of such Indian Tribes;

(viii) a transit agency; and

(ix) a multi-State or multijurisdictional group of entities described in any of clauses (i) through (viii).

The term eligible project means—

(i) a highway or bridge project eligible for assistance under this title, including—

(I) improvement of a high priority corridor to meet the design standards and specifications of the Interstate System and connect to the existing Interstate System; and

(II) infrastructure improvements to address freight bottlenecks;

(ii) a public transportation project eligible for assistance under chapter 53 of title 49;

(iii) a passenger rail or freight rail transportation project eligible for assistance under title 49;

(iv) a port infrastructure investment, including—

(I) inland port infrastructure; and

(II) a land port-of-entry;

(v) the surface transportation components of an airport project eligible for assistance under part B of subtitle VII of title 49;

(vi) a project for investment in a surface transportation facility located on Tribal land, the title or maintenance responsibility of which is vested in the Federal Government;

(vii) a project to replace or rehabilitate a culvert or prevent stormwater runoff that is eligible under section 176(d) and will advance the goal of the program established under this subsection; and

(viii) any other surface transportation infrastructure project that the Secretary considers to be necessary to advance the goal of the program.

The term program means the program established under paragraph (2)(A).

The term specified rural area means an area that is located outside of a specified urban area.

The term specified urban area means an area with a population of more than 200,000 residents, based on the most recent decennial census.

The Secretary shall establish and carry out a local and regional surface transportation grant program to provide for capital investments in surface transportation infrastructure on a competitive basis.

The goal of the program shall be to fund eligible projects that will have a significant local or regional impact and improve surface transportation infrastructure.

Except as otherwise provided in this subsection, each grant made under this subsection shall be in an amount equal to—

(i) not less than $5,000,000 for a specified urban area;

(ii) not less than $1,000,000 for a specified rural area; and

(iii) not more than $25,000,000.

Not more than 15 percent of the funds made available to carry out this subsection for a fiscal year may be awarded to eligible projects in a single State during such fiscal year.

Not later than 60 days after the date on which funds are made available to carry out this subsection, the Secretary shall publish a notice of funding opportunity for the funds.

In awarding grants under this subsection, the Secretary shall evaluate the extent to which a project—

(i) improves safety;

(ii) improves environmental sustainability;

(iii) improves quality of life;

(iv) increases economic competitiveness and opportunity, including tourism opportunities;

(v) contributes to a state of good repair; and

(vi) improves mobility and community connectivity.

In selecting projects to receive grants under the program, the Secretary shall take into consideration the extent to which—

(i) the eligible entity collaborated with other public and private entities;

(ii) the project adopts innovative technologies or techniques, including—

(I) innovative technology;

(II) innovative project delivery techniques; and

(III) innovative project financing;

(iii) construction of the project is reasonably expected to begin not later than 18 months after the date on which the project is selected;

(iv) the eligible entity includes documentation certifying such entity has notified a State transportation department if the project is located on a State-owned or State-managed facility; and

(v) the project is cost effective.

In awarding grants under the program, the Secretary shall select grant recipients based only on the selection criteria described in subparagraphs (C) and (D).

The Secretary, shall evaluate, through a methodology that is discernible and transparent to the public, the means by which each application submitted under paragraph (4) addresses the criteria under subparagraphs (C) or (D) of such paragraph or otherwise established by the Secretary.

The methodology under clause (i) shall be published by the Secretary as part of the notice of funding opportunity under the program.

Not later than 270 days after the date on which amounts are made available to provide grants under the program for a fiscal year, the Secretary shall announce the selection by the Secretary of eligible projects to receive the grants in accordance with this section.

Amounts provided under any of the following programs shall be considered to be a part of the non-Federal share for a project under this subsection:

(A) The tribal transportation program under section 202.

(B) The Federal lands transportation program under section 203.

(C) The TIFIA program (as defined in section 601(a)).

(D) The Railroad Rehabilitation and Improvement Financing Program under chapter 224 of title 49.

Of the total amount made available to carry out the program under this subsection for each fiscal year—

(i) not more than 50 percent shall be allocated for eligible projects located in specified rural areas; and

(ii) not more than 50 percent shall be allocated for eligible projects located in specified urban areas.

Of the total amount made available for eligible projects under subparagraph (A)(i) for each fiscal year, the Secretary shall reserve 10 percent for eligible projects located in communities with a population between 50,000 and 100,000.

Of the total amount made available to carry out the program for each fiscal year, not less than 1 percent shall be awarded for projects in areas of persistent poverty (as defined in section 6702(a) of title 49).

In selecting projects to receive grants under the program, the Secretary shall take into consideration geographical and modal diversity.

Of the amounts made available to carry out the program for each fiscal year, not less than 5 percent shall be made available for the planning, preparation, or design of eligible projects.

Clauses (i) and (ii) of paragraph (3)(A) shall not apply with respect to amounts made available for planning, preparation, or design under subparagraph (A).

Of the amounts made available to carry out the program for each fiscal year, the Administrator may transfer not more than 2 percent for a fiscal year to the Administrator of any of the Federal Transit Administration, the Federal Railroad Administration, or the Maritime Administration to award and oversee grants and credit assistance in accordance with this subsection.

Subject to subparagraph (B), at the request of an eligible entity, the Secretary may use a grant provided to the eligible entity under the program to pay the subsidy or credit risk premium, and the administrative costs, of an eligible project that is eligible for Federal credit assistance under—

(i) chapter 6; or

(ii) chapter 224 of title 49.

Not more than 20 percent of the funds made available to carry out the program for a fiscal year may be used to carry out subparagraph (A).

Not later than 1 year after the date on which the initial grants are awarded for eligible projects under the program, the Comptroller General of the United States shall—

(A) review the administration of the program, including—

(i) the solicitation process; and

(ii) the selection process, including—

(I) the adequacy and fairness of the process; and

(II) the selection criteria; and

(B) submit to the Committee on Transportation and Infrastructure of the House of Representatives and Committee on Environment and Public Works of the Senate a report describing the findings of the review under subparagraph (A), including recommendations for improving the administration of the program, if any.

Section 175 of title 23, United States Code, is repealed.

The analysis for chapter 1 of title 23, United States Code, is amended by striking the item relating to section 175.

Section 176 of title 23, United States Code, is amended—

(1) in subsection (b)(2)—

(A) by striking subparagraph (A); and

(B) by redesignating subparagraphs (B) and (C) as subparagraphs (A) and (B), respectively;

(2) by striking subsection (c);

(3) by redesignating subsection (h) as subsection (c);

(4) in subsection (d) by striking In addition to funds apportioned to States under section 104(b)(8) to carry out activities under subsection (c), the and inserting The;

(5) in subsection (e)—

(A) in paragraph (1)—

(i) in subparagraph (A)—

(I) by striking A State that receives funds apportioned to the State under section 104(b)(8) or an and inserting An; and

(II) by striking if the State or eligible entity and inserting if the eligible entity; and

(ii) in subparagraph (B)—

(I) in clause (i) by striking funds apportioned to a State under section 104(b)(8) or;

(II) in clause (ii) by striking carried out with funds under subsection (c) or a grant and inserting carried out with a grant; and

(III) in clause (iii)—

(aa) in subclause (I) by striking carried out with funds under subsection (c) or a grant and inserting carried out with a grant; and

(bb) in subclause (II) by striking funds under subsection (c) or; and

(B) in paragraph (2)(D)(iv)(II) by striking apportioned to the State under section 104(b)(8) or; and

(6) in subsection (f)(1) by striking Not later than 18 months after the date of enactment of this section, the and inserting The.

It is the sense of Congress that it is a national priority to address projects under this section for the shortage of parking for commercial motor vehicles on the National Highway System to improve the safety of motorized and nonmotorized users and for commercial motor vehicle operators.

Chapter 1 of title 23, United States Code, is amended by adding at the end the following:

In this section:

The term commercial motor vehicle has the meaning given such term in section 31132 of title 49.

The term safety rest area has the meaning given such term in section 120(c)(1).

The Secretary shall make grants, on a competitive basis, to eligible entities for projects to provide public parking for commercial motor vehicles and improve the safety of commercial motor vehicle drivers.

An entity eligible to receive a grant under this section is any of the following:

(A) A State.

(B) A metropolitan planning organization.

(C) A unit of local government.

(D) A political subdivision of a State or local government carrying out responsibilities relating to commercial motor vehicle parking.

(E) A Tribal government or a consortium of Tribal governments.

(F) A multistate or multijurisdictional group of entities described in subparagraphs (A) through (E).

An eligible entity that receives a grant under this section may partner with a private entity to carry out a project under this section.

An eligible entity may use a grant provided under this section for a project described in paragraph (2) that is on—

(A) a Federal-aid highway; or

(B) a facility with reasonable access (as described in section 658.19 of title 23, Code of Federal Regulations (or a successor regulation)) to—

(i) a Federal-aid highway; or

(ii) a freight facility.

A project referred to in paragraph (1) is a project—

(A) to construct a safety rest area that includes parking for commercial motor vehicles;

(B) to construct additional commercial motor vehicle parking capacity—

(i) adjacent to a private commercial truck stop or travel plaza;

(ii) within the boundaries of, or adjacent to, a publicly owned freight facility, including a port terminal operated by a public authority;

(iii) at an existing facility, including an inspection or weigh station and a park-and-ride location; or

(iv) at another suitable facility, as determined by the eligible entity, in concurrence with the Secretary;

(C) to reopen an existing weigh station, safety rest area, park-and-ride facility, or other government-owned facility, that is not in use, for commercial motor vehicle parking;

(D) to construct or make capital improvements to an existing public commercial motor vehicle parking facility to expand parking use and availability, including at a seasonal facility;

(E) to identify, promote, and manage the availability of publicly and privately provided commercial motor vehicle parking, such as through the use of intelligent transportation systems;

(F) to improve the personal safety of commercial motor vehicle drivers at a parking facility as part of a project described in subparagraphs (A) through (D);

(G) to improve a parking facility, including through truck stop electrification systems, as part of a project described in subparagraphs (A) through (D);

(H) to construct turnouts for commercial motor vehicles; or

(I) to improve the geometric designs of interchanges to improve access to safety rest areas and commercial motor vehicle parking facilities.

To be eligible to receive a grant under this section, 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, including—

(1) a description of the proposed project; and

(2) any other information that the Secretary determines to be necessary.

The Secretary may select a project to receive a grant under this section only if the Secretary determines that—

(1) there is a shortage of commercial motor vehicle parking capacity in the corridor in which the project is located;

(2) the eligible entity has consulted with motor carriers, commercial motor vehicle drivers, public safety officials, and private providers of commercial motor vehicle parking regarding the project;

(3) the project will likely—

(A) increase the availability or utilization of commercial motor vehicle parking;

(B) facilitate the efficient movement of freight; or

(C) improve highway safety, traffic congestion, and air quality; and

(4) the eligible entity demonstrates the ability to provide for the maintenance and operation of the facility.

To the maximum extent practicable, the Secretary shall select projects to receive grants under the program in a manner that—

(1) prioritizes projects based on the severity of the commercial motor vehicle parking capacity shortage in the area and the degree to which such projects would alleviate such shortage; and

(2) maximizes the geographic distribution among grant recipients, including a balance between the need of new commercial motor vehicle parking capacity across rural and urban communities.

In accordance with the limitations in paragraph (2), an eligible entity may use a grant under this section for—

(A) development phase activities, including planning, feasibility analysis, benefit-cost analysis, environmental review, preliminary engineering and design work, and other preconstruction activities necessary to advance a project under this section; and

(B) construction and operational improvements.

An eligible entity may use not more than 20 percent of the amount of a grant under this section for activities described in paragraph (1)(A).

Except as provided in clause (ii), not more than 10 percent of the amounts made available for each fiscal year for grants under this section may be used for projects described in subsection (d)(2)(E) that solely identify, promote, and manage the availability of existing commercial motor vehicle parking.

Clause (i) shall not apply to a project described in subsection (d)(2)(E) that is part of a larger project to expand commercial motor vehicle parking capacity.

No amounts made available to an eligible entity pursuant to this section may be used for construction or development phase activities that would enable the construction of charging or fueling infrastructure for the propulsion of a vehicle, including a commercial motor vehicle.

Nothing in this paragraph limits the use of funds other than funds made available to carry out this section.

Commercial motor vehicle parking constructed, opened, or improved with funds from a grant under this section shall be open and accessible to all commercial motor vehicle drivers.

No fee may be charged by an eligible entity to a commercial motor vehicle driver to gain access to parking constructed, opened, maintained, or improved with a grant under this section.

Notwithstanding any other provision of law, a project carried out under this section shall be treated as a project on a Federal-aid highway under this chapter.

Amounts made available for a project under this section shall remain available for a period of 3 years after the last day of the fiscal year in which the amounts are made available.

Not later than 4 years after the date of enactment of this section, and every 2 years thereafter, the Secretary, in consultation with appropriate State motor carrier safety personnel, motor carriers, State departments of transportation, and private providers of commercial motor vehicle parking, shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a report that—

(A) evaluates the availability of adequate parking and rest facilities, taking into account both private and public facilities, for commercial motor vehicles engaged in interstate transportation;

(B) evaluates the effectiveness of the projects funded under this section in improving access to commercial motor vehicle parking;

(C) evaluates the ability of recipients of a grant under this section to sustain the operation of parking facilities constructed with funds provided under this section; and

(D) reports on the status of ongoing projects to provide adequate commercial motor vehicle parking facilities.

The Secretary shall make each report under paragraph (1) available to the public on the website of the Department of Transportation.

In carrying out this subsection, the Secretary shall—

(A) consider the results of the commercial motor vehicle parking facilities assessments of States under subsection (f) of section 70202 of title 49; and

(B) seek to align the contents of each report under paragraph (1) and the submission and publication of such reports with the State freight plans developed and updated under such section.

The analysis for chapter 1 of title 23, United States Code, is amended by adding at the end the following:

Section 1401 of MAP–21 (23 U.S.C. 137 note), and the item relating to such provision in the table of contents under section 1(c) of such Act, are repealed.

Chapter 1 of title 23, United States Code, is further amended by adding at the end the following:

Beginning in fiscal year 2028, the Secretary shall establish and carry out a pilot program to allow not more than 10 States to receive the base apportionment for the State in a lump sum, to be obligated and expended in accordance with this section.

The Secretary shall develop criteria for the selection of a State to receive a block grant under this Act, including requiring that each recipient State—

(1) meets minimum levels for the condition of pavement established by the Secretary under section 150(c)(3);

(2) meets minimum levels for the condition for bridges on the National Highway System as described in section 119(f)(2);

(3) uses a performance-based approach to transportation planning and programming for statewide and metropolitan planning areas to meet the requirements of sections 134, 135, and 150; and

(4) meets recertification requirements for State asset management plans for the National Highway System as described in section 119(e).

The Secretary shall request applications for participation under this section in accordance with paragraph (2).

An application submitted to the Secretary under this paragraph shall include a plan on how the State and each affected metropolitan planning organization will continue to meet, or make significant progress toward meeting, performance measures and standards under section 150(c).

Funds made available to a State under this program shall be eligible for use for any project eligible—

(A) under the national highway performance program under section 119;

(B) under the surface transportation block grant program under section 133;

(C) under the highway safety improvement program under section 148;

(D) under the congestion mitigation and air quality improvement program under section 149;

(E) for metropolitan planning under section 134; and

(F) under the national highway freight and high priority corridor program under section 167.

Of the total amount of funds provided under this section in a fiscal year for projects described under paragraph (1)—

(i) 25 percent shall be obligated under this section, in proportion to their relative shares of the population of the State—

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

(II) in urbanized areas of the State with an urbanized area population of not less than 50,000 and not more than 200,000;

(III) in urban areas of the State with a population not less than 5,000 and not more than 49,999; and

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

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

Funds attributed to an urbanized area under subparagraph (A)(i)(I) may be obligated in the metropolitan area established under section 134 that encompasses the urbanized area.

For purposes of subclause (II) of subparagraph (A)(i), a State shall—

(I) establish a new process or utilize the process established under clause (i) of section 133(d)(3)(A) to consult with all metropolitan planning organizations in the State that represent an urbanized area described in such clause; and

(II) describe how funds allocated for areas described in such clause will be allocated equitably among the applicable urbanized areas.

For purposes of subclauses (III) and (IV) of subparagraph (A)(i), before obligating funding attributed to an area with a population less than 50,000, a State shall consult with the regional transportation planning organizations that represent the area, if any.

Except as provided in clause (ii), the amount of funds that a State is required to obligate under subparagraph (A)(i)(I) shall be obligated in urbanized areas described in subparagraph (A)(i)(I) based on the relative population of the areas.

The State may obligate the funds described in clause (i) based on other factors if the State and the relevant metropolitan planning organizations jointly apply to the Secretary for the permission to base the obligation on other factors and the Secretary grants the request.

Programming and expenditure of funds for projects under this section shall be consistent with sections 134 and 135.

A State that is required to obligate in an urbanized area with an urbanized area population of over 200,000 individuals funds referred to under paragraph (2)(A)(i)(I) shall make available an amount of obligation authority distributed to the State for Federal-aid highways and highway safety construction programs for use in the area that is equal to the amount obtained by multiplying—

(i) the aggregate amount of funds that the State is required to obligate in the area under paragraph (2) during the period; and

(ii) the ratio that—

(I) the aggregate amount of obligation authority distributed to the State for Federal-aid highways and highway safety construction programs during the period; bears to

(II) the total of the sums apportioned to the State for Federal-aid highways and highway safety construction programs (excluding sums not subject to an obligation limitation) during the period.

Each State, each affected metropolitan planning organization, and the Secretary shall jointly ensure compliance with subparagraph (A).

The Secretary shall provide grants under this section beginning with fiscal year 2028.

Nothing in this section shall be construed to increase an obligation limitation applied to funds made available under this section.

Subject to subsection (g)(2), the Secretary shall continue to apportion block grants to the awarded States.

The authority to provide grants under this section shall terminate on October 1, 2031.

Not later than 2 years after the first fiscal year in which funds are provided under this section, a State receiving funds shall submit to the Secretary a progress report on meeting, or making significant progress toward meeting, performance measures and standards under section 150(c).

Not later than 1 year after the initial funds are provided under this section, the Secretary shall promulgate guidance to lump sum recipients on requirements for submitting a progress report under paragraph (1).

If the Secretary finds that a State that received funds under this section did not meet, or achieve significant progress (as defined by the Secretary) toward target achievement of, all performance targets set in the report required under paragraph (1), the Secretary may not provide funds to such State under the program in the following fiscal year or 6 months after determination that the State failed to meet, or make significant progress toward target achievement, whichever is later.

Not later than 30 days after the date on which the Secretary receives a report from a State under paragraph (1), the Secretary shall transmit the progress report to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate.

Nothing in this section shall be construed to exempt a State from completing any other transportation plans required under this title.

Notwithstanding any other provision of law, projects funded under this section shall be treated as projects on a Federal-aid highway under this chapter.

In this section, the term base apportionment has the meaning given the term in section 104(h).

The analysis for chapter 1 of title 23, United States Code, is further amended by adding at the end the following:

Chapter 1 of title 23, United States Code, is further amended by adding at the end the following:

The Administrator of the Federal Highway Administration shall impose for each year the following registration fee amounts on the owner of a vehicle registered for operation by a State motor vehicle department:

(1) $130 for a covered electric vehicle.

(2) $35 for a covered plug-in hybrid vehicle.

If a State fails to comply with the requirements under subsection (c), the Administrator shall withhold, from amounts required to be apportioned to any State under section 104(b), an amount equal to 125 percent to the amount required to be remitted under subsection (c)(2).

The Administrator shall withhold the amount on the first day of each fiscal year beginning after September 30, 2027, in which the State does not meet the requirements of subsection (c) until the date that is 30 days after the date on which the State meets such requirements.

A State motor vehicle department, or an equivalent to such department, shall—

(A) incorporate the collection of the fees established under subsection (a) into the vehicle registration and renewal processes administered by such department, so long as such fees are imposed for each year in which the fees are required; or

(B) obtain approval from the Administrator to establish an alternate means of compliance for the collection of such fees that is acceptable to the Administrator.

Not later than 30 days after the last day of each month, a State motor vehicle department shall remit to the Administrator the balance of the total fee amounts collected under this section in the preceding month less the portion reserved for administrative expenses under subsection (e).

Subject to the limitations in paragraph (2), beginning in 2029, the Administrator shall biennially increase the amounts specified in subsection (a) by $5.

The amount specified in—

(A) subsection (a)(1) shall not be increased to an amount that exceeds $150; and

(B) subsection (a)(2) shall not be increased to an amount that exceeds $50.

In any fiscal year in which a State is in compliance with this section, such State may retain an amount not to exceed 1 percent of the total fees collected under this section for administrative expenses.

The fees imposed under paragraphs (1) and (2) of subsection (a) shall terminate on October 1, 2036.

In this section:

The term covered electric vehicle means a covered motor vehicle that meets the definition of electric vehicle under section 86.1803–01 of title 40, Code of Federal Regulations (as in effect on the date of enactment of the BUILD America 250 Act).

The term covered motor vehicle has the meaning given the term motor vehicle under section 154(a) but excludes a motor vehicle that is a covered farm vehicle or commercial motor vehicle (as such terms are defined in section 390.5 of title 49, Code of Federal Regulations).

The term covered hybrid vehicle means a covered motor vehicle that meets the definition of plug-in hybrid electric vehicle under section 86.1803–01 of title 40, Code of Federal Regulations (as in effect on the date of enactment of the BUILD America 250 Act).

The Administrator of the Federal Highway Administration may provide grants to State motor vehicle departments, or equivalent departments, to implement a process to carry out section 182 of title 23, United States Code.

There is authorized to be appropriated $104,000,000 to carry out this subsection, to remain available until September 30, 2030.

Each State motor vehicle department may receive not more than $2,000,000 under this subsection.

The Administrator shall issue such regulations and guidance as are necessary to—

(1) carry out section 182 of title 23, United States Code (as added by this section); and

(2) establish a process for the timely and accurate remittance of fees collected under such section through an electronic method.

Not later than 2 years after the date of enactment of this Act, the Administrator shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a report on the status of the implementation of section 182 of title 23, United States Code (as added by this section).

It is the sense of the Committee on Transportation and Infrastructure of the House of Representatives that registration fees collected under section 182 of title 23, United States Code (as added by this Act), should be deposited into the Highway Trust Fund and divided between accounts of such Trust Fund in the same manner as excise taxes enacted after 1982 are deposited into such Trust Fund.

The analysis for chapter 1 of title 23, United States Code, is amended by adding at the end the following:

Chapter 1 of title 23, United States Code, is further amended by adding at the end the following:

If a recipient of assistance under this chapter determines real property acquired at least in part with such assistance is no longer necessary for the purpose for which such real property was acquired, the Secretary may authorize the recipient to transfer such real property, with no further obligation to the Government.

The Secretary may only authorize the transfer described under subsection (a) if the Secretary determines—

(1) there is no longer a purpose for the real property eligible for assistance under this chapter for which such property should be used;

(2) the overall benefit of allowing the transfer is greater than the interest of the Government in liquidation and return of the financial interest of the Government in the real property, after considering fair market value and other factors; and

(3) through an appropriate screening or survey process, that there is no interest in acquiring the real property for Government use.

The Secretary may only authorize a transfer described under subsection (a) to—

(1) a local governmental authority if such real property will remain a public asset for at least 10 years after the date on which the real property is transferred;

(2) a local governmental authority or nonprofit organization for the development of the real property; or

(3) a third-party entity for the development of the real property, if the Secretary determines that—

(A) a local governmental authority or nonprofit organization is unable to receive the real property;

(B) the overall benefit of allowing the transfer of the real property is greater than the interest of the Government in selling the property, after considering fair market value and other factors; and

(C) the third-party entity has demonstrated a satisfactory history of construction or operating an affordable housing development.

The analysis for chapter 1 of title 23, United States Code, is further amended by adding at the end the following:

Section 201(b)(7) of title 23, United States Code, is amended—

(1) in subparagraph (A)—

(A) by striking program or the and inserting program, the; and

(B) by striking program shall and inserting program, or any project carried out using funds awarded to an Indian Tribe under a competitive grant program under this title or chapter 67 of title 49 shall; and

(2) in subparagraph (B) by striking be be and inserting be.

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

(1) in subsection (a)(8)(A) by inserting grading and after excluding road;

(2) in subsection (e)(1) by striking section 148(a)(4). and inserting paragraphs (4) and (11) of section 148(a).; and

(3) by adding at the end the following:

Notwithstanding any other provision of law and subject to paragraph (2), grant funds awarded to an Indian Tribe from a competitive grant program administered by the Federal Highway Administration and made available to an Indian Tribe under a competitive program administered by the Federal Highway Administration or the Secretary may, at the request of such Indian Tribe, be administered as if allocated under this section.

The following set-asides shall not apply to funds described in paragraph (1):

(A) The set-aside described in subparagraph (C) of subsection (b)(3).

(B) The set-asides described in subsections (a)(6), (c), and (e).

(C) The set-aside described in section 1123(h)(1) of MAP–21 (23 U.S.C. 202 note).

Section 203 of title 23, United States Code, is amended—

(1) in subsection (a)(1)—

(A) in subparagraph (A)—

(i) by redesignating clauses (iv), (v), (vi), and (vii) as clauses (v), (vi), (viii), and (ix), respectively;

(ii) by inserting after clause (iii) the following:

(iv) provisions for individuals with disabilities;; and

(iii) by inserting after clause (vi) (as so redesignated) the following:

(vii) projects to improve the resilience of Federal lands transportation facilities; and; and

(B) in subparagraph (D)—

(i) by inserting than after not more; and

(ii) by striking (A)(iv)(I) and inserting (A)(v)(I); and

(2) in subsection (b)(1)—

(A) by striking October 1, 2011, and on; and

(B) by striking thereafter.

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

(1) in paragraph (1)—

(A) in subparagraph (A)—

(i) by redesignating clauses (iv) through (ix) as clauses (v) through (x), respectively; and

(ii) by inserting after clause (iii) the following:

(iv) provisions for individuals with disabilities;; and

(B) in subparagraph (C) by inserting, including a project to improve the resilience of such a transportation facility after Federal land; and

(2) by striking paragraph (6).

Section 1123(c)(3) of the FAST Act (23 U.S.C. 201 note) is amended by striking $12,500,000 and inserting $5,000,000.

Section 1123(h) of MAP–21 (23 U.S.C. 202 note) is amended—

(1) in paragraph (1) by striking fiscal years 2022 through 2026 and inserting fiscal years 2027 through 2031; and

(2) in paragraph (2) by striking fiscal years 2022 through 2026 and inserting fiscal years 2027 through 2031.

Section 1519(a) of MAP–21 (Public Law 112–141; 126 Stat. 574) is amended, in the matter preceding paragraph (1), by striking fiscal years 2022 through 2026 and inserting fiscal years 2027 through 2031.

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

(1) in subsection (a)(1) by striking except for a motorized wheelchair. and inserting except for

(A) a motorized wheelchair; and

(B) an electric bicycle (as such term is defined in section 217(j)).; and

(2) by adding at the end the following:

Notwithstanding subsection (a)(1)(B), a State or local government may restrict or prohibit the operation of an electric bicycle, including a specific class of electric bicycle, on a nonmotorized recreational trail.

Section 106 of title 23, United States Code, is amended—

(1) in subsection (e)(2)—

(A) in subparagraph (A)—

(i) by striking $50,000,000 and inserting $100,000,000; and

(ii) by adding and at the end;

(B) by striking subparagraph (B); and

(C) by redesignating subparagraph (C) as subparagraph (B); and

(2) in subsection (h)—

(A) in paragraph (1) by striking $500,000,000 and inserting $1,000,000,000; and

(B) by adding at the end the following:

The estimated total cost for a major project described in paragraph (1) shall be adjusted annually to reflect increases in the rate of inflation as measured by Consumer Price Index for All Urban Consumers published by the Department of Labor.

Section 138 of title 23, United States Code, is amended by adding at the end the following:

An undertaking described in appendix A or that has received the appropriate determination described in appendix B of the notice of approval issued by the Advisory Council on Historic Preservation titled Program Comment on Certain Housing, Building, and Transportation Undertakings, published on April 2, 2025 (90 Fed. Reg. 14526) that is part of a transportation program or project shall not be considered use under subsection (a).

The exemption under paragraph (1) shall not be construed to apply to any other aspect of a transportation program or project that is not an undertaking described in such paragraph.

The exemption under this subsection shall not apply to undertakings located on Tribal lands, or to undertakings that may affect historic properties located on Tribal lands, unless the applicable Tribal historic preservation officer or a designated representative of the applicable Indian Tribe has provided prior written notification to the Secretary that the Tribe consents to the use of the exemption under this subsection.

Section 303 of title 49, United States Code, is amended—

(1) in subsection (d)(2)(A) by striking, United States Code; and

(2) by adding at the end the following:

An undertaking described in appendix A or that has received the appropriate determination described in appendix B of the notice of approval issued by the Advisory Council on Historic Preservation titled Program Comment on Certain Housing, Building, and Transportation Undertakings, published on April 2, 2025, (90 Fed. Reg. 14526) that is part of a transportation program or project shall not be considered use under subsection (a).

The exemption under paragraph (1) shall not be construed to apply to any other aspect of a transportation program or project that is not an undertaking described in such paragraph.

The exemption under this subsection shall not apply to undertakings located on Tribal lands, or to undertakings that may affect historic properties located on Tribal lands, unless the applicable Tribal historic preservation officer or a designated representative of the applicable Indian Tribe has provided prior written notification to the Secretary that the Tribe consents to the use of the exemption under this subsection.

Section 139 of title 23, United States Code, is amended—

(1) in subsection (c)—

(A) in paragraph (1)(B) by striking may and inserting shall; and

(B) in paragraph (7)—

(i) in subparagraph (A) by striking shall review and inserting shall biennially review; and

(ii) in subparagraph (C)—

(I) in the heading by striking Report and inserting Briefing; and

(II) by striking Not later than and all that follows through that includes and inserting Not later than 30 days after the completion of each review required under subparagraph (A), the Secretary shall provide to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a briefing that includes;

(2) in subsection (d)—

(A) in paragraph (2) by striking 45 days and inserting 30 days;

(B) in paragraph (8)(D) by striking project if and inserting project only if; and

(C) in paragraph (10)—

(i) in subparagraph (B) by striking final; and

(ii) in subparagraph (C) by striking subparagraph (A) if and inserting subparagraph (A) only if;

(3) in subsection (f)—

(A) in paragraph (1) by striking process and inserting process and before the definition of a project’s purpose and need in paragraph (2); and

(B) by striking paragraph (2) and inserting the following:

The lead agency shall define such project's purpose and need for purposes of any document which the lead agency is responsible for preparing for the project.

The lead agency shall define such project’s purpose and need not later than 45 days after—

(i) the submission by the project sponsor of the appropriate information to inform the purpose and need description; or

(ii) any appropriately completed proposed revision to a project that affects the purpose and need description previously prepared or accepted by the lead agency.

The Secretary may provide a project sponsor with technical assistance in drafting—

(i) a purpose and need statement; and

(ii) any necessary supporting documentation for projects involving Federal approvals from more than 1 Federal agency.;

(4) in subsection (g)(1)—

(A) in subparagraph (B) by striking clause (iii) and inserting the following:

To the maximum extent practicable and consistent with applicable Federal law, in the case of a major project, the lead agency shall develop, in concurrence with the project sponsor, a schedule for the major project that is consistent with the following agency averages for the completion of the environmental review process for major projects—

(I) not more than 2 years for an environmental impact statement, as measured from the date of publication of a notice of intent to prepare an environmental impact statement to the record of decision; or

(II) not more than 1 year for an environmental assessment, as measured from the date on which the head of the lead agency determines that an environmental assessment is required to a finding of no significant impact.; and

(B) by striking subparagraph (D) and inserting the following:

Subject to the provisions of this subparagraph, the lead agency may not lengthen or shorten a schedule established under subparagraph (B) except for good cause.

The lead agency may only lengthen a schedule under clause (i) for a cooperating Federal agency by not more than 1 year after the latest deadline established for the major project by the lead agency.

The lead agency may not shorten a schedule under clause (i) if doing so would impair the ability of a cooperating Federal agency to conduct necessary analyses or otherwise carry out relevant obligations of the Federal agency for the project.;

(5) in subsection (h)—

(A) in paragraph (4) by striking unless significant and inserting unless, as determined by the lead agency, significant and relevant;

(B) in paragraph (7)(D) by striking certifies that and inserting certifies to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate that; and

(C) in paragraph (8)(B)—

(i) in the matter preceding clause (i) by striking 120 days after the date of enactment of the MAP–21 and inserting 90 days; and

(ii) by striking clause (ii) and inserting the following:

(ii) A project that requires the preparation of an environmental impact statement.

(iii) A sample of not less than 5 percent of the projects requiring preparation of an environmental assessment in each State.;

(6) in subsection (i) by striking establish and inserting establish, maintain, and continuously improve;

(7) in subsection (j)(3) by striking section 204 and inserting section 203 or section 204;

(8) in subsection (l)(1) by striking highway or public transportation and inserting highway, public transportation, or rail;

(9) in subsection (n) by striking paragraph (3) and inserting the following:

Except as provided in clause (ii), an environmental impact statement shall not exceed 150 pages, not including any citations or appendices.

An environmental impact statement for a proposed action of extraordinary complexity, as determined by the lead agency, shall not exceed 300 pages, not including any citations or appendices.

An environmental assessment shall not exceed 75 pages, not including any citations or appendices.; and

(10) in subsection (q)—

(A) in paragraph (1) by striking Not later than 60 days after the date of enactment of this subsection, and every 4 years thereafter, the Secretary shall and inserting Not less than every 3 years, the Secretary shall; and

(B) in paragraph (2)—

(i) in subparagraph (F) by striking and at the end;

(ii) by redesignating subparagraph (G) as subparagraph (H); and

(iii) by inserting after subparagraph (F) the following:

(G) the Environmental Protection Agency; and.

Section 157(b) of title 23, United States Code, is amended by adding at the end the following:

The Secretary shall make any report issued pursuant to this subsection publicly available on the website of the Department not later than 30 days after submission of the report under paragraph (1).

Section 178 of title 23, United States Code, and the item relating to such section in the analysis for chapter 1 of such title, are repealed.

Section 304a of title 49, United States Code, is amended by adding at the end the following:

An operating administration of the Department of Transportation that is the lead agency for the preparation of an environmental impact statement may eliminate an alternative for a project proposed in the environmental impact statement from detailed consideration if—

(1) the alternative was previously considered in—

(A) a metropolitan planning process by a metropolitan planning organization;

(B) an environmental review process carried out under State law by a State or local transportation agency; or

(C) a State rail plan under chapter 227 that has been approved by the Secretary;

(2) the lead agency provided guidance to the applicable planning or review entity regarding analysis of alternatives in the applicable planning or review process, including guidance on the requirements of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and any other Federal law necessary for approval of the project;

(3) the applicable metropolitan planning process or State environmental review process included an opportunity for public review and comment that is comparable to the applicable public review and comment requirements of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.);

(4) the applicable planning or review entity considered and, after considering public comments gathered pursuant to paragraph (3), rejected the alternative;

(5) the Federal lead agency independently reviewed the alternative evaluation approved by the applicable planning or review entity; and

(6) the Federal lead agency determined—

(A) in consultation with Federal participating or cooperating agencies, that the alternative to be eliminated from consideration is not necessary for compliance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); or

(B) with the concurrence of Federal agencies with jurisdiction over a permit or approval required for a project, that the alternative to be eliminated from consideration is not necessary for any permit or approval under any other Federal law.

Section 168(a)(3) of title 23, United States Code, is amended to read as follows:

The term planning product means a decision, analysis, study, or other documented information that is the result of an evaluation or decision-making process of—

(A) a metropolitan planning process by a metropolitan planning organization under section 134;

(B) a State transportation planning process under section 135;

(C) an environmental review process carried out under State law by a State or local transportation agency;

(D) a State rail plan under chapter 227 of title 49 that has been approved by the Secretary; or

(E) any other transportation planning process authorized by State law.

Section 139(f)(4)(E) of title 23, United States Code, is amended—

(1) by striking clause (i)(II) and inserting the following:

(II) the evaluations of alternatives in a planning or review process described in clause (ii)(I).; and

(2) in clause (ii)—

(A) by striking subclause (I) and inserting the following:

(I) the alternative was considered in—

(aa) a metropolitan planning process by a metropolitan planning organization;

(bb) a State environmental review process by a State or local transportation agency; or

(cc) a State rail plan under chapter 227 of title 49 that has been approved by the Secretary;

(B) in subclause (II) by striking metropolitan planning organization or State or local transportation agency, as applicable, and inserting applicable planning or review entity;

(C) in subclause (III) by striking metropolitan planning process or State environmental review process and inserting planning or review process;

(D) in subclause (IV) by striking metropolitan planning organization or State or local transportation agency and inserting planning or review entity; and

(E) in subclause (V) by striking metropolitan planning organization or State or local transportation agency and inserting planning or review entity.

Section 326 of title 23, United States Code, is amended—

(1) in the section heading by inserting and eligible entities after State;

(2) by striking a State and inserting an eligible entity each place it appears (excluding subsection (c)(2));

(3) by striking States and inserting eligible entities each place it appears;

(4) by striking the State and inserting the eligible entity each place it appears (excluding subsection (d)(1)(B)(iii));

(5) in subsection (a)—

(A) in paragraph (1) by striking pursuant to regulations promulgated by the Council on Environmental Quality under part 1500 of title 40, Code of Federal Regulations (as in effect on October 1, 2003) and inserting pursuant to the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.);

(B) in paragraph (4) by inserting, public transportation, or rail after highway; and

(C) by adding at the end the following:

For an eligible entity that is not a State, the Secretary shall establish qualifications relating to the demonstration of legal, technical, and financial capabilities before permitting such eligible entity to assume responsibility under this subsection.;

(6) in subsection (c)—

(A) in paragraph (2)—

(i) in the paragraph heading by striking States and inserting eligible entities; and

(ii) by striking Governor of a State and inserting chief executive of an eligible entity; and

(B) in paragraph (3)—

(i) in subparagraph (A) by striking 3 years and inserting 5 years; and

(ii) in subparagraph (C) by striking 5 years and inserting 10 years;

(7) in subsection (d)—

(A) in paragraph (1)(B)(iii) by striking Governor of the State and inserting chief executive of the eligible entity; and

(B) in paragraph (2)—

(i) in the paragraph heading by striking State and inserting eligible entity; and

(ii) by striking 90 days and inserting 180 days;

(8) in subsection (e) in the subsection heading by striking State agency and inserting Agency; and

(9) by adding at the end the following:

An eligible entity granted authority under this section may, as appropriate and at the request of a local government—

(1) exercise such authority on behalf of the local government for a locally administered project; or

(2) provide guidance and training on consolidating and minimizing the documentation and environmental analyses necessary for sponsors of a locally administered project to comply with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and any comparable requirements under State law.

In this section, the term eligible entity means—

(1) a State; or

(2) a direct recipient of funds under chapter 53 of title 49 that is located in an urbanized area with a population of more than 200,000 individuals.

Section 327 of title 23, United States Code, is amended—

(1) in subsection (a)(2)—

(A) in subparagraph (A) by inserting or partially within, including projects that cross State boundaries and projects that are adjacent to international boundaries, after projects within; and

(B) by adding at the end the following:

For any project crossing a State boundary, a State assuming the responsibilities of the Secretary under this section shall receive concurrence from the impacted State or States through which the project crosses.;

(2) in subsection (b)(2) in the matter preceding subparagraph (A)—

(A) by striking Not later than 270 days after the date on which amendments to this section by the MAP–21 take effect, the and inserting The; and

(B) by striking amend, as appropriate, and inserting maintain and, as appropriate, update;

(3) in subsection (c)—

(A) in paragraph (6) by striking and;

(B) in paragraph (7) by striking 10 years, have a term of 10 years. and inserting 5 years, have a term of 10 years; and; and

(C) by adding at the end the following:

(8) include only requirements of the State described in this section.;

(4) in subsection (g)—

(A) in paragraph (1)(D) by striking (including public comment and responses to those comments); and

(B) by amending paragraph (2) to read as follows:

An audit conducted under paragraph (1) shall be made publicly available by the Secretary on the website of the Department.;

(5) in subsection (i) by striking Congress and inserting the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate; and

(6) in subsection (j)(2) by striking 90 days and inserting 180 days.

Section 330 of title 23, United States Code, is amended—

(1) by striking subsection (k); and

(2) by redesignating subsection (l) as subsection (k).

Section 504(a) of title 23, United States Code, is amended—

(1) in paragraph (3)(A)(i)—

(A) by striking asset management, and inserting contracting, procurement, and asset management,;

(B) by redesignating subclauses (I) through (IV) as subclauses (IV) through (VII); and

(C) by inserting after the matter preceding subclause (IV) (as redesignated by this section) the following:

(I) contract management throughout all stages of procurement;

(II) the need for specificity in initial contract scoping and language to reduce project uncertainty, the potential for project scope changes after a contract has been awarded, and the risk of cost overruns;

(III) the importance of competition in contracting and how State transportation departments or transportation agencies should advertise and conduct outreach to potential bidders to increase the bidder pool for projects;

(2) in paragraph (3)(A)(ii)—

(A) in subclause (V) by striking and at the end;

(B) in subclause (VI) by striking the period at the end and inserting; and; and

(C) by adding at the end the following:

(VII) managing contracting officers and engineers and measuring the performance of such contracting officers and engineers as such performance relates to the relative costs of projects compared to projects of comparable scopes that are supervised by other contracting officers and engineers.; and

(3) in paragraph (3)(B) by striking and finance. and inserting finance, and such other courses the Secretary determines appropriate..

Not later than 180 days after the date of enactment of this Act, the Secretary shall develop and transmit to each State transportation department best practices on—

(A) improving specificity in initial contract scoping and language to reduce project uncertainty, the potential for project scope changes after a contract has been awarded, and the risk of cost overruns;

(B) increasing competition in projects funded with Federal grants;

(C) improving contract advertisement and conducting outreach to potential bidders to increase the bidder pool for projects; and

(D) improving contracting officer and engineer performance to ensure the greatest value in contracting by a State department of transportation.

Not later than 1 year after the date of enactment of this Act, each State transportation department shall submit to the Secretary—

(A) a plan to incorporate the best practices developed under paragraph (1) into State transportation department procurement and management processes; and

(B) other best practices of the State transportation department that achieve the items specified in subparagraphs (A) through (D) of paragraph (1).

The Secretary shall periodically review and, if appropriate, revise the best practices developed under paragraph (1) and transmit such revisions to each State department of transportation.

Section 304a(c) of title 49, United States Code, is amended—

(1) in paragraph (2)—

(A) by striking a draft environmental impact statement, an environmental assessment, or a final environmental impact statement and inserting an environmental assessment or environmental impact statement; and

(B) by striking or final and inserting or; and

(2) in paragraph (3)—

(A) by striking a draft environmental impact statement, an environmental assessment, or a final environmental impact statement and inserting an environmental assessment or environmental impact statement; and

(B) by striking or final and inserting or in each place it appears.

Section 310 of title 49, United States Code, is amended—

(1) in subsection (a)—

(A) by striking Not later than 1 year after the date of enactment of this section, the and inserting The; and

(B) by striking develop and inserting establish and periodically update;

(2) in subsection (b) in the matter preceding paragraph (1) by striking developed and inserting established;

(3) in subsection (c)(1)—

(A) by striking Not later than 90 days after the date of enactment of this section, the and inserting The; and