Collapse to view only § 139. Efficient environmental reviews for project decisionmaking

§ 101.
Definitions and declaration of policy
(a)
Definitions.—
In this title, the following definitions apply:
(1)
Apportionment.—
The term “apportionment” includes unexpended apportionments made under prior authorization laws.
(2)
Asset management.—
The term “asset management” means a strategic and systematic process of operating, maintaining, and improving physical assets, with a focus on both engineering and economic analysis based upon quality information, to identify a structured sequence of maintenance, preservation, repair, rehabilitation, and replacement actions that will achieve and sustain a desired state of good repair over the lifecycle of the assets at minimum practicable cost.
(3)
Carpool project.—
The term “carpool project” means any project to encourage the use of carpools and vanpools, including provision of carpooling opportunities to the elderly and individuals with disabilities, systems for locating potential riders and informing them of carpool opportunities, acquiring vehicles for carpool use, designating existing highway lanes as preferential carpool highway lanes, providing related traffic control devices, designating existing facilities for use for preferential parking for carpools, and real-time ridesharing projects, such as projects where drivers, using an electronic transfer of funds, recover costs directly associated with the trip provided through the use of location technology to quantify those direct costs, subject to the condition that the cost recovered does not exceed the cost of the trip provided.
(4)
Construction.—
The term “construction” means the supervising, inspecting, actual building, and incurrence of all costs incidental to the construction or reconstruction of a highway or any project eligible for assistance under this title, including bond costs and other costs relating to the issuance in accordance with section 122 of bonds or other debt financing instruments and costs incurred by the State in performing Federal-aid project related audits that directly benefit the Federal-aid highway program. Such term includes—
(A) preliminary engineering, engineering, and design-related services directly relating to the construction of a highway project, including engineering, design, project development and management, construction project management and inspection, surveying, mapping (including the establishment of temporary and permanent geodetic control in accordance with specifications of the National Oceanic and Atmospheric Administration), and architectural-related services;
(B) reconstruction, resurfacing, restoration, rehabilitation, and preservation;
(C) acquisition of rights-of-way;
(D) relocation assistance, acquisition of replacement housing sites, and acquisition and rehabilitation, relocation, and construction of replacement housing;
(E) elimination of hazards of railway-highway grade crossings;
(F) elimination of roadside hazards;
(G) improvements that directly facilitate and control traffic flow, such as grade separation of intersections, widening of lanes, channelization of traffic, traffic control systems, and passenger loading and unloading areas; and
(H) capital improvements that directly facilitate an effective vehicle weight enforcement program, such as scales (fixed and portable), scale pits, scale installation, and scale houses.
(5)
County.—
The term “county” includes corresponding units of government under any other name in States that do not have county organizations and, in those States in which the county government does not have jurisdiction over highways, any local government unit vested with jurisdiction over local highways.
(6)
Federal-aid highway.—
The term “Federal-aid highway” means a public highway eligible for assistance under this chapter other than a highway functionally classified as a local road or rural minor collector.
(7)
Federal lands access transportation facility.—
The term “Federal Lands access transportation facility” means a public highway, road, bridge, trail, or transit system that is located on, is adjacent to, or provides access to Federal lands for which title or maintenance responsibility is vested in a State, county, town, township, tribal, municipal, or local government.
(8)
Federal lands transportation facility.—
The term “Federal lands transportation facility” means a public highway, road, bridge, trail, or transit system that is located on, is adjacent to, or provides access to Federal lands for which title and maintenance responsibility is vested in the Federal Government, and that appears on the national Federal lands transportation facility inventory described in section 203(c).
(9)
Forest development roads and trails.—
The term “forest development roads and trails” means forest roads and trails under the jurisdiction of the Forest Service.
(10)
Forest road or trail.—
The term “forest road or trail” means a road or trail wholly or partly within, or adjacent to, and serving the National Forest System that is necessary for the protection, administration, and utilization of the National Forest System and the use and development of its resources.
(11)
Highway.—
The term “highway” includes—
(A) a road, street, and parkway;
(B) a right-of-way, bridge, railroad-highway crossing, tunnel, drainage structure including public roads on dams, sign, guardrail, and protective structure, in connection with a highway; and
(C) a portion of any interstate or international bridge or tunnel and the approaches thereto, the cost of which is assumed by a State transportation department, including such facilities as may be required by the United States Customs and Immigration Services in connection with the operation of an international bridge or tunnel.
(12)
Interstate System.—
The term “Interstate System” means the Dwight D. Eisenhower National System of Interstate and Defense Highways described in section 103(c).
(13)
Maintenance.—
The term “maintenance” means the preservation of the entire highway, including surface, shoulders, roadsides, structures, and such traffic-control devices as are necessary for safe and efficient utilization of the highway.
(14)
Maintenance area.—
The term “maintenance area” means an area that was designated as an air quality nonattainment area, but was later redesignated by the Administrator of the Environmental Protection Agency as an air quality attainment area, under section 107(d) of the Clean Air Act (42 U.S.C. 7407(d)).
(15)
National highway freight network.—
The term “National Highway Freight Network” means the National Highway Freight Network established under section 167.
(16)
National Highway System.—
The term “National Highway System” means the Federal-aid highway system described in section 103(b).
(17)
Operating costs for traffic monitoring, management, and control.—
The term “operating costs for traffic monitoring, management, and control” includes labor costs, administrative costs, costs of utilities and rent, and other costs associated with the continuous operation of traffic control, such as integrated traffic control systems, incident management programs, and traffic control centers.
(18)
Operational improvement.—
The term “operational improvement”—
(A) means (i) a capital improvement for installation of traffic surveillance and control equipment, computerized signal systems, motorist information systems, integrated traffic control systems, incident management programs, and transportation demand management facilities, strategies, and programs, and (ii) such other capital improvements to public roads as the Secretary may designate, by regulation; and
(B) does not include resurfacing, restoring, or rehabilitating improvements, construction of additional lanes, interchanges, and grade separations, and construction of a new facility on a new location.
(19)
Project.—
The term “project” means any undertaking eligible for assistance under this title.
(20)
Project agreement.—
The term “project agreement” means the formal instrument to be executed by the Secretary and the recipient as required by section 106.
(21)
Public authority.—
The term “public authority” means a Federal, State, county, town, or township, Indian tribe, municipal or other local government or instrumentality with authority to finance, build, operate, or maintain toll or toll-free facilities.
(22)
Public road.—
The term “public road” means any road or street under the jurisdiction of and maintained by a public authority and open to public travel.
(23)
Rural areas.—
The term “rural areas” means all areas of a State not included in urban areas.
(24)
Safety improvement project.—
The term “safety improvement project” means a strategy, activity, or project on a public road that is consistent with the State strategic highway safety plan and corrects or improves a roadway feature that constitutes a hazard to road users or addresses a highway safety problem.
(25)
Secretary.—
The term “Secretary” means Secretary of Transportation.
(26)
State.—
The term “State” means any of the 50 States, the District of Columbia, or Puerto Rico.
(27)
State funds.—
The term “State funds” includes funds raised under the authority of the State or any political or other subdivision thereof, and made available for expenditure under the direct control of the State transportation department.
(28)
State strategic highway safety plan.—
The term “State strategic highway safety plan” has the same meaning given such term in section 148(a).
(29)
State transportation department.—
The term “State transportation department” means that department, commission, board, or official of any State charged by its laws with the responsibility for highway construction.
(30)
Transportation systems management and operations.—
(A)
In general.—
The term “transportation systems management and operations” means integrated strategies to optimize the performance of existing infrastructure through the implementation of multimodal and intermodal, cross-jurisdictional systems, services, and projects designed to preserve capacity and improve security, safety, and reliability of the transportation system.
(B)
Inclusions.—
The term “transportation systems management and operations” includes—
(i) actions such as traffic detection and surveillance, corridor management, freeway management, arterial management, active transportation and demand management, work zone management, emergency management, traveler information services, congestion pricing, parking management, automated enforcement, traffic control, commercial vehicle operations, freight management, and coordination of highway, rail, transit, bicycle, and pedestrian operations; and
(ii) coordination of the implementation of regional transportation system management and operations investments (such as traffic incident management, traveler information services, emergency management, roadway weather management, intelligent transportation systems, communication networks, and information sharing systems) requiring agreements, integration, and interoperability to achieve targeted system performance, reliability, safety, and customer service levels.
(31)
Tribal transportation facility.—
The term “tribal transportation facility” means a public highway, road, bridge, trail, or transit system that is located on or provides access to tribal land and appears on the national tribal transportation facility inventory described in section 202(b)(1).
(32)
Truck stop electrification system.—
The term “truck stop electrification system” means a system that delivers heat, air conditioning, electricity, or communications to a heavy-duty vehicle.
(33)
Urban area.—
(34)
Urbanized area.—
The term “urbanized area” means an area with a population of 50,000 or more designated by the Bureau of the Census, within boundaries to be fixed by responsible State and local officials in cooperation with each other, subject to approval by the Secretary. Such boundaries shall encompass, at a minimum, the entire urbanized area within a State as designated by the Bureau of the Census.
(b)
Declaration of Policy.—
(1)
Acceleration of construction of federal-aid highway systems.—
Congress declares that it is in the national interest to accelerate the construction of Federal-aid highway systems, including the Dwight D. Eisenhower National System of Interstate and Defense,1
1 So in original. Probably should be “Defense Highways,”.
because many of the highways (or portions of the highways) are inadequate to meet the needs of local and interstate commerce for the national and civil defense.
(2)
Completion of interstate system.—
Congress declares that the prompt and early completion of the Dwight D. Eisenhower National System of Interstate and Defense Highways (referred to in this section as the “Interstate System”), so named because of its primary importance to the national defense, is essential to the national interest. It is the intent of Congress that the Interstate System be completed as nearly as practicable over the period of availability of the forty years’ appropriations authorized for the purpose of expediting its construction, reconstruction, or improvement, inclusive of necessary tunnels and bridges, through the fiscal year ending September 30, 1996, under section 108(b) of the Federal-Aid Highway Act of 1956 (70 Stat. 374), and that the entire system in all States be brought to simultaneous completion. Insofar as possible in consonance with this objective, existing highways located on an interstate route shall be used to the extent that such use is practicable, suitable, and feasible, it being the intent that local needs, to the extent practicable, suitable, and feasible, shall be given equal consideration with the needs of interstate commerce.
(3)
Transportation needs of 21st century.—
Congress declares that—
(A) it is in the national interest to preserve and enhance the surface transportation system to meet the needs of the United States for the 21st Century;
(B) the current urban and long distance personal travel and freight movement demands have surpassed the original forecasts and travel demand patterns are expected to continue to change;
(C) continued planning for and investment in surface transportation is critical to ensure the surface transportation system adequately meets the changing travel demands of the future;
(D)
among the foremost needs that the surface transportation system must meet to provide for a strong and vigorous national economy are safe, efficient, and reliable—
(i) national and interregional personal mobility (including personal mobility in rural and urban areas) and reduced congestion;
(ii) flow of interstate and international commerce and freight transportation; and
(iii) travel movements essential for national security;
(E) special emphasis should be devoted to providing safe and efficient access for the type and size of commercial and military vehicles that access designated National Highway System intermodal freight terminals;
(F) the connection between land use and infrastructure is significant;
(G) transportation should play a significant role in promoting economic growth, improving the environment, and sustaining the quality of life; and
(H) the Secretary should take appropriate actions to preserve and enhance the Interstate System to meet the needs of the 21st Century.
(4)
Expedited project delivery.—
(A)
In general.—
Congress declares that it is in the national interest to expedite the delivery of surface transportation projects by substantially reducing the average length of the environmental review process.
(B)
Policy of the united states.—
Accordingly, it is the policy of the United States that—
(i) the Secretary shall have the lead role among Federal agencies in carrying out the environmental review process for surface transportation projects;
(ii) each Federal agency shall cooperate with the Secretary to expedite the environmental review process for surface transportation projects;
(iii) project sponsors shall not be prohibited from carrying out preconstruction project development activities concurrently with the environmental review process;
(iv) programmatic approaches shall be used to reduce the need for project-by-project reviews and decisions by Federal agencies; and
(v) the Secretary shall identify opportunities for project sponsors to assume responsibilities of the Secretary where such responsibilities can be assumed in a manner that protects public health, the environment, and public participation.
(c) It is the sense of Congress that under existing law no part of any sums authorized to be appropriated for expenditure upon any Federal-aid highway which has been apportioned pursuant to the provisions of this title shall be impounded or withheld from obligation, for purposes and projects as provided in this title, by any officer or employee in the executive branch of the Federal Government, except such specific sums as may be determined by the Secretary of the Treasury, after consultation with the Secretary of Transportation, are necessary to be withheld from obligation for specific periods of time to assure that sufficient amounts will be available in the Highway Trust Fund to defray the expenditures which will be required to be made from such fund.
(d) No funds authorized to be appropriated from the Highway Trust Fund shall be expended by or on behalf of any Federal department, agency, or instrumentality other than the Federal Highway Administration unless funds for such expenditure are identified and included as a line item in an appropriation Act and are to meet obligations of the United States heretofore or hereafter incurred under this title attributable to the construction of Federal-aid highways or highway planning, research, or development, or as otherwise specifically authorized to be appropriated from the Highway Trust Fund by Federal-aid highway legislation.
(e) It is the national policy that to the maximum extent possible the procedures to be utilized by the Secretary and all other affected heads of Federal departments, agencies, and instrumentalities for carrying out this title and any other provision of law relating to the Federal highway programs shall encourage the substantial minimization of paperwork and interagency decision procedures and the best use of available manpower and funds so as to prevent needless duplication and unnecessary delays at all levels of government.
(Pub. L. 85–767, Aug. 27, 1958, 72 Stat. 885; Pub. L. 86–70, § 21(e)(1), June 25, 1959, 73 Stat. 146; Pub. L. 86–624, § 17(a), July 12, 1960, 74 Stat. 415; Pub. L. 87–866, § 6(a), Oct. 23, 1962, 76 Stat. 1147; Pub. L. 88–423, § 3, Aug. 13, 1964, 78 Stat. 397; Pub. L. 89–574, § 4(a), Sept. 13, 1966, 80 Stat. 767; Pub. L. 90–495, §§ 4(a), 8, 15, Aug. 23, 1968, 82 Stat. 816, 819, 822; Pub. L. 91–605, title I, §§ 104(a), 106(a), 107, 117(d), 130, 141, Dec. 31, 1970, 84 Stat. 1714, 1716, 1718, 1724, 1732, 1737; Pub. L. 93–87, title I, §§ 105, 106(a), 107, 108, 152(1), Aug. 13, 1973, 87 Stat. 253–255, 276; Pub. L. 93–643, § 102(b), Jan. 4, 1975, 88 Stat. 2281; Pub. L. 94–280, title I, §§ 107(a), 108, May 5, 1976, 90 Stat. 430, 431; Pub. L. 95–599, title I, § 106, Nov. 6, 1978, 92 Stat. 2693; Pub. L. 97–424, title I, §§ 126(c), 159, Jan. 6, 1983, 96 Stat. 2115, 2135; Pub. L. 100–17, title I, §§ 102(b)(3), 108, 109, 133(b)(2), (3), Apr. 2, 1987, 101 Stat. 135, 146, 171; Pub. L. 101–427, Oct. 15, 1990, 104 Stat. 927; Pub. L. 102–240, title I, §§ 1001(g), 1005, 1006(g)(1), 1007(c), Dec. 18, 1991, 105 Stat. 1916, 1922, 1927, 1931; Pub. L. 104–59, title III, §§ 301(b), 311(b), Nov. 28, 1995, 109 Stat. 578, 583; Pub. L. 105–178, title I, § 1201, June 9, 1998, 112 Stat. 164; Pub. L. 109–59, title I, §§ 1122, 1909(a), Aug. 10, 2005, 119 Stat. 1196, 1470; Pub. L. 110–244, title I, § 101(h), June 6, 2008, 122 Stat. 1574; Pub. L. 112–141, div. A, title I, §§ 1103, 1301(c), 1501, July 6, 2012, 126 Stat. 419, 528, 560; Pub. L. 114–94, div. A, title I, § 1103, Dec. 4, 2015, 129 Stat. 1328.)
§ 102.
Program efficiencies
(a)
Access of Motorcycles.—
No State or political subdivision of a State may enact or enforce a law that applies only to motorcycles and the principal purpose of which is to restrict the access of motorcycles to any highway or portion of a highway for which Federal-aid highway funds have been utilized for planning, design, construction, or maintenance. Nothing in this subsection shall affect the authority of a State or political subdivision of a State to regulate motorcycles for safety.
(b)
Engineering Cost Reimbursement.—
If on-site construction of, or acquisition of right-of-way for, a highway project is not commenced within 10 years (or such longer period as the State requests and the Secretary determines to be reasonable) after the date on which Federal funds are first made available, out of the Highway Trust Fund (other than Mass Transit Account), for preliminary engineering of such project, the State shall pay an amount equal to the amount of Federal funds reimbursed for the preliminary engineering. The Secretary shall deposit in such Fund all amounts paid to the Secretary under this section.
(Pub. L. 85–767, Aug. 27, 1958, 72 Stat. 887; Pub. L. 102–240, title I, § 1016(a), Dec. 18, 1991, 105 Stat. 1945; Pub. L. 105–178, title I, §§ 1206, 1209, 1212(a)(2)(A)(i), 1304, June 9, 1998, 112 Stat. 185, 186, 193, 227; Pub. L. 109–59, title I, § 1121(b)(1), Aug. 10, 2005, 119 Stat. 1195; Pub. L. 112–141, div. A, title I, § 1502, July 6, 2012, 126 Stat. 561.)
§ 103.
National Highway System
(a)
In General.—
For the purposes of this title, the Federal-aid system is the National Highway System, which includes the Interstate System.
(b)
National Highway System.—
(1)
Description.—
The National Highway System consists of the highway routes and connections to transportation facilities that shall—
(A) serve major population centers, international border crossings, ports, airports, public transportation facilities, and other intermodal transportation facilities and other major travel destinations;
(B) meet national defense requirements; and
(C) serve interstate and interregional travel and commerce.
(2)
Components.—
The National Highway System described in paragraph (1) consists of the following:
(A) The National Highway System depicted on the map submitted by the Secretary of Transportation to Congress with the report entitled “Pulling Together: The National Highway System and its Connections to Major Intermodal Terminals” and dated May 24, 1996, and modifications approved by the Secretary before the date of enactment of the MAP–21.
(B) Other urban and rural principal arterial routes, and border crossings on those routes, that were not included on the National Highway System before the date of enactment of the MAP–21.
(C) Other connector highways (including toll facilities) that were not included in the National Highway System before the date of enactment of the MAP–21 but that provide motor vehicle access between arterial routes on the National Highway System and a major intermodal transportation facility.
(D)
A strategic highway network that—
(i) consists of a network of highways that are important to the United States strategic defense policy, that provide defense access, continuity, and emergency capabilities for the movement of personnel, materials, and equipment in both peacetime and wartime, and that were not included on the National Highway System before the date of enactment of the MAP–21;
(ii) may include highways on or off the Interstate System; and
(iii) shall be designated by the Secretary, in consultation with appropriate Federal agencies and the States.
(E)
Major strategic highway network connectors that—
(i) consist of highways that provide motor vehicle access between major military installations and highways that are part of the strategic highway network but were not included on the National Highway System before the date of enactment of the MAP–21; and
(ii) shall be designated by the Secretary, in consultation with appropriate Federal agencies and the States.
(3)
Modifications to nhs.—
(A)
In general.—
The Secretary may make any modification to the National Highway System, including any modification consisting of a connector to a major intermodal terminal or the withdrawal of a road from that system, that is proposed by a State if the Secretary determines that the modification—
(i) meets the criteria established for the National Highway System under this title after the date of enactment of the MAP–21; and
(ii)(I) enhances the national transportation characteristics of the National Highway System; or(II) in the case of the withdrawal of a road, is reasonable and appropriate.
(B)
Cooperation.—
(i)
In general.—
In proposing a modification under this paragraph, a State shall cooperate with local and regional officials.
(ii)
Urbanized areas.—
In an urbanized area, the local officials shall act through the metropolitan planning organization designated for the area under section 134.
(c)
Interstate System.—
(1)
Description.—
(A)
In general.—
The Dwight D. Eisenhower National System of Interstate and Defense Highways within the United States (including the District of Columbia and Puerto Rico) consists of highways designed, located, and selected in accordance with this paragraph.
(B)
Design.—
(i)
In general.—
Except as provided in clause (ii), highways on the Interstate System shall be designed in accordance with the standards of section 109(b).
(ii)
Exception.—
Highways on the Interstate System in Alaska and Puerto Rico shall be designed in accordance with such geometric and construction standards as are adequate for current and probable future traffic demands and the needs of the locality of the highway.
(C)
Location.—
Highways on the Interstate System shall be located so as—
(i) to connect by routes, as direct as practicable, the principal metropolitan areas, cities, and industrial centers;
(ii) to serve the national defense; and
(iii) to the maximum extent practicable, to connect at suitable border points with routes of continental importance in Canada and Mexico.
(D)
Selection of routes.—
To the maximum extent practicable, each route of the Interstate System shall be selected by joint action of the State transportation departments of the State in which the route is located and the adjoining States, in cooperation with local and regional officials, and subject to the approval of the Secretary.
(2)
Maximum mileage.—
The mileage of highways on the Interstate System shall not exceed 43,000 miles, exclusive of designations under paragraph (4).
(3)
Modifications.—
The Secretary may approve or require modifications to the Interstate System in a manner consistent with the policies and procedures established under this subsection.
(4)
Interstate system designations.—
(A)
Additions.—
If the Secretary determines that a highway on the National Highway System meets all standards of a highway on the Interstate System and that the highway is a logical addition or connection to the Interstate System, the Secretary may, upon the affirmative recommendation of the State or States in which the highway is located, designate the highway as a route on the Interstate System.
(B)
Designations as future interstate system routes.—
(i)
In general.—
Subject to clauses (ii) through (vi), if the Secretary determines that a highway on the National Highway System would be a logical addition or connection to the Interstate System and would qualify for designation as a route on the Interstate System under subparagraph (A) if the highway met all standards of a highway on the Interstate System, the Secretary may, upon the affirmative recommendation of the State or States in which the highway is located, designate the highway as a future Interstate System route.
(ii)
Written agreement.—
A designation under clause (i) shall be made only upon the written agreement of each State described in that clause that the highway will be constructed to meet all standards of a highway on the Interstate System by not later than the date that is 25 years after the date of the agreement.
(iii)
Failure to complete construction.—
If a State described in clause (i) has not substantially completed the construction of a highway designated under this subparagraph by the date specified in clause (ii), the Secretary shall remove the designation of the highway as a future Interstate System route.
(iv)
Effect of removal.—
(v)
Retroactive effect.—
An agreement described in clause (ii) that is entered into before August 10, 2005, shall be deemed to include the 25-year time limitation described in that clause, regardless of any earlier construction completion date in the agreement.
(vi)
References.—
No law, rule, regulation, map, document, or other record of the United States, or of any State or political subdivision of a State, shall refer to any highway designated as a future Interstate System route under this subparagraph, and no such highway shall be signed or marked, as a highway on the Interstate System, until such time as the highway—
(I) is constructed to the geometric and construction standards for the Interstate System; and(II) has been designated as a route on the Interstate System.
(C)
Financial responsibility.—
Except as provided in this title, the designation of a highway under this paragraph shall create no additional Federal financial responsibility with respect to the highway.
(5)
Exemption of interstate system.—
(A)
In general.—
Except as provided in subparagraph (B), the Interstate System shall not be considered to be a historic site under section 303 of title 49 or section 138 of this title, regardless of whether the Interstate System or portions or elements of the Interstate System are listed on, or eligible for listing on, the National Register of Historic Places.
(B)
Individual elements.—
Subject to subparagraph (C)—
(i) the Secretary shall determine, through the administrative process established for exempting the Interstate System from section 306108 of title 54, those individual elements of the Interstate System that possess national or exceptional historic significance (such as a historic bridge or a highly significant engineering feature); and
(ii) those elements shall be considered to be historic sites under section 303 of title 49 or section 138 of this title, as applicable.
(C)
Construction, maintenance, restoration, and rehabilitation activities.—
Subparagraph (B) does not prohibit a State from carrying out construction, maintenance, preservation, restoration, or rehabilitation activities for a portion of the Interstate System referred to in subparagraph (B) upon compliance with section 303 of title 49 or section 138 of this title, as applicable, and section 306108 of title 54.
(Pub. L. 85–767, Aug. 27, 1958, 72 Stat. 887; Pub. L. 86–70, § 21(d)(1), June 25, 1959, 73 Stat. 145; Pub. L. 86–624, § 17(b), (c), July 12, 1960, 74 Stat. 415; Pub. L. 87–866, § 8(a), Oct. 23, 1962, 76 Stat. 1147; Pub. L. 90–238, Jan. 2, 1968, 81 Stat. 772; Pub. L. 90–495, §§ 14, 21, Aug. 23, 1968, 82 Stat. 822, 826; Pub. L. 91–605, title I, §§ 106(b), 124, Dec. 31, 1970, 84 Stat. 1716, 1729; Pub. L. 93–87, title I, §§ 109(a), 110(a), (b), 137, 148(a)–(c), (e), Aug. 13, 1973, 87 Stat. 255, 256, 268, 274; Pub. L. 93–643, § 125, Jan. 4, 1975, 88 Stat. 2290; Pub. L. 94–280, title I, §§ 109, 110, 111(a), May 5, 1976, 90 Stat. 431, 433; Pub. L. 95–599, title I, § 107(a), (b), (f)(1), Nov. 6, 1978, 92 Stat. 2694, 2695; Pub. L. 96–106, §§ 1, 2(a), (c), Nov. 9, 1979, 93 Stat. 796; Pub. L. 96–144, § 2, Dec. 13, 1979, 93 Stat. 1084; Pub. L. 97–424, title I, §§ 107(a)–(c)(1), (d), (e), 108(f), Jan. 6, 1983, 96 Stat. 2101–2104; Pub. L. 100–17, title I, § 103(b), (f)(1), Apr. 2, 1987, 101 Stat. 136, 141; Pub. L. 102–240, title I, §§ 1006(a), (b), (d), 1011, title III, § 3003(b), Dec. 18, 1991, 105 Stat. 1923, 1925, 1935, 2088; Pub. L. 103–272, § 5(f)(1), July 5, 1994, 108 Stat. 1374; Pub. L. 103–429, §§ 3(1), 7(a)(4)(B), Oct. 31, 1994, 108 Stat. 4377, 4389; Pub. L. 104–59, title I, § 101, title III, § 301(a), Nov. 28, 1995, 109 Stat. 569, 578; Pub. L. 104–287, § 2, Oct. 11, 1996, 110 Stat. 3388; Pub. L. 105–178, title I, § 1106(b), June 9, 1998, 112 Stat. 131; Pub. L. 109–59, title I, §§ 1106, 1118(b)(1), title VI, §§ 6006(a)(1), 6007, Aug. 10, 2005, 119 Stat. 1166, 1181, 1872, 1873; Pub. L. 112–141, div. A, title I, § 1104(a), July 6, 2012, 126 Stat. 422; Pub. L. 113–287, § 5(f)(1), Dec. 19, 2014, 128 Stat. 3268; Pub. L. 114–94, div. A, title I, § 1122(e), Dec. 4, 2015, 129 Stat. 1369.)
§ 104.
Apportionment
(a)
Administrative Expenses.—
(1)
In general.—
There is authorized to be appropriated from the Highway Trust Fund (other than the Mass Transit Account) to be made available to the Secretary for administrative expenses of the Federal Highway Administration—
(A) $453,000,000 for fiscal year 2016;
(B) $459,795,000 for fiscal year 2017;
(C) $466,691,925 for fiscal year 2018;
(D) $473,692,304 for fiscal year 2019; and
(E) $480,797,689 for fiscal year 2020.
(2)
Purposes.—
The amounts authorized to be appropriated by this subsection shall be used—
(A) to administer the provisions of law to be funded from appropriations for the Federal-aid highway program and programs authorized under chapter 2;
(B) to make transfers of such sums as the Secretary determines to be appropriate to the Appalachian Regional Commission for administrative activities associated with the Appalachian development highway system; and
(C) to reimburse, as appropriate, the Office of Inspector General of the Department of Transportation for the conduct of annual audits of financial statements in accordance with section 3521 of title 31.
(3)
Availability.—
The amounts made available under paragraph (1) shall remain available until expended.
(b)
Division Among Programs of State’s Share of Base Apportionment.—
The Secretary shall distribute the amount of the base apportionment apportioned to a State for a fiscal year under subsection (c) among the national highway performance program, the surface transportation block grant program, the highway safety improvement program, the congestion mitigation and air quality improvement program, the national highway freight program, and to carry out section 134 as follows:
(1)
National highway performance program.—
For the national highway performance program, 63.7 percent of the amount remaining after distributing amounts under paragraphs (4), (5), and (6).
(2)
Surface transportation block grant program.—
For the surface transportation block grant program, 29.3 percent of the amount remaining after distributing amounts under paragraphs (4), (5), and (6).
(3)
Highway safety improvement program.—
For the highway safety improvement program, 7 percent of the amount remaining after distributing amounts under paragraphs (4), (5), and (6).
(4)
Congestion mitigation and air quality improvement program.—
For the congestion mitigation and air quality improvement program, an amount determined by multiplying the amount of the base apportionment remaining for the State under subsection (c) after making the set aside in accordance with paragraph (5) by the proportion that—
(A) the amount apportioned to the State for the congestion mitigation and air quality improvement program for fiscal year 2009; bears to
(B) the total amount of funds apportioned to the State for that fiscal year for the programs referred to in section 105(a)(2) (except for the high priority projects program referred to in section 105(a)(2)(H)), as in effect on the day before the date of enactment of the MAP–21.
(5)
National highway freight program.—
(A)
In general.—
For the national highway freight program under section 167, the Secretary shall set aside from the base apportionment determined for a State under subsection (c) an amount determined for the State under subparagraphs (B) and (C).
(B)
Total amount.—
The total amount set aside for the national highway freight program for all States shall be—
(i) $1,150,000,000 for fiscal year 2016;
(ii) $1,100,000,000 for fiscal year 2017;
(iii) $1,200,000,000 for fiscal year 2018;
(iv) $1,350,000,000 for fiscal year 2019; and
(v) $1,500,000,000 for fiscal year 2020.
(C)
State share.—
For each fiscal year, the Secretary shall distribute among the States the total set-aside amount for the national highway freight program under subparagraph (B) so that each State receives the amount equal to the proportion that—
(i) the total base apportionment determined for the State under subsection (c); bears to
(ii) the total base apportionments for all States under subsection (c).
(D)
Metropolitan planning.—
Of the amount set aside under this paragraph for a State, the Secretary shall use to carry out section 134 an amount determined by multiplying the set-aside amount by the proportion that—
(i) the amount apportioned to the State to carry out section 134 for fiscal year 2009; bears to
(ii) the total amount of funds apportioned to the State for that fiscal year for the programs referred to in section 105(a)(2) (except for the high priority projects program referred to in section 105(a)(2)(H)), as in effect on the day before the date of enactment of MAP–21 (Public Law 112–141; 126 Stat. 405).
(6)
Metropolitan planning.—
To carry out section 134, an amount determined by multiplying the amount of the base apportionment remaining for a State under subsection (c) after making the set aside in accordance with paragraph (5) by the proportion that—
(A) the amount apportioned to the State to carry out section 134 for fiscal year 2009; bears to
(B) the total amount of funds apportioned to the State for that fiscal year for the programs referred to in section 105(a)(2) (except for the high priority projects program referred to in section 105(a)(2)(H)), as in effect on the day before the date of enactment of the MAP–21.
(c)
Calculation of Amounts.—
(1)
State share.—
For each of fiscal years 2016 through 2020, the amount for each State shall be determined as follows:
(A)
Initial amounts.—
The initial amounts for each State shall be determined by multiplying—
(i)
each of—
(I) the base apportionment;(II) supplemental funds reserved under subsection (h)(1) for the national highway performance program; and(III) supplemental funds reserved under subsection (h)(2) for the surface transportation block grant program; by
(ii)
the share for each State, which shall be equal to the proportion that—
(I) the amount of apportionments that the State received for fiscal year 2015; bears to(II) the amount of those apportionments received by all States for that fiscal year.
(B)
Adjustments to amounts.—
The initial amounts resulting from the calculation under subparagraph (A) shall be adjusted to ensure that each State receives an aggregate apportionment 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 are available.
(2)
State apportionment.—
On October 1 of fiscal years 2016 through 2020, the Secretary shall apportion the sums authorized to be appropriated for expenditure on the national highway performance program under section 119, the surface transportation block grant program under section 133, the highway safety improvement program under section 148, the congestion mitigation and air quality improvement program under
(d)
Metropolitan Planning.—
(1)
Use of amounts.—
(A)
Use.—
(i)
In general.—
Except as provided in clause (ii), the amounts apportioned to a State under paragraphs (5)(D) and (6) of subsection (b) shall be made available by the State to the metropolitan planning organizations responsible for carrying out section 134 in the State.
(ii)
States receiving minimum apportionment.—
A State that received the minimum apportionment for use in carrying out section 134 for fiscal year 2009 may, subject to the approval of the Secretary, use the funds apportioned under paragraphs (5)(D) and (6) of subsection (b) to fund transportation planning outside of urbanized areas.
(B)
Unused funds.—
Any funds that are not used to carry out section 134 may be made available by a metropolitan planning organization to the State to fund activities under section 135.
(2)
Distribution of amounts within states.—
(A)
In general.—
The distribution within any State of the planning funds made available to organizations under paragraph (1) shall be in accordance with a formula that—
(i) is developed by each State and approved by the Secretary; and
(ii) takes into consideration, at a minimum, population, status of planning, attainment of air quality standards, metropolitan area transportation needs, and other factors necessary to provide for an appropriate distribution of funds to carry out section 134 and other applicable requirements of Federal law.
(B)
Reimbursement.—
Not later than 15 business days after the date of receipt by a State of a request for reimbursement of expenditures made by a metropolitan planning organization for carrying out section 134, the State shall reimburse, from amounts distributed under this paragraph to the metropolitan planning organization by the State, the metropolitan planning organization for those expenditures.
(3)
Determination of population figures.—
For the purpose of determining population figures under this subsection, the Secretary shall use the latest available data from the decennial census conducted under section 141(a) of title 13, United States Code.
(e)
Certification of Apportionments.—
(1)
In general.—
The Secretary shall—
(A) on October 1 of each fiscal year, certify to each of the State transportation departments the amount that has been apportioned to the State under this section for the fiscal year; and
(B) to permit the States to develop adequate plans for the use of amounts apportioned under this section, advise each State of the amount that will be apportioned to the State under this section for a fiscal year not later than 90 days before the beginning of the fiscal year for which the sums to be apportioned are authorized.
(2)
Notice to states.—
If the Secretary has not made an apportionment under this section for a fiscal year beginning after September 30, 1998, by not later than the date that is the twenty-first day of that fiscal year, the Secretary shall submit, by not later than that date, 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 statement of the reason for not making the apportionment in a timely manner.
(3)
Apportionment calculations.—
(A)
In general.—
The calculation of official apportionments of funds to the States under this title is a primary responsibility of the Department and shall be carried out only by employees (and not contractors) of the Department.
(B)
Prohibition on use of funds to hire contractors.—
None of the funds made available under this title shall be used to hire contractors to calculate the apportionments of funds to States.
(f)
Transfer of Highway and Transit Funds.—
(1)
Transfer of highway funds for transit projects.—
(A)
In general.—
Subject to subparagraph (B), amounts made available for transit projects or transportation planning under this title may be transferred to and administered by the Secretary in accordance with chapter 53 of title 49.
(B)
Non-federal share.—
The provisions of this title relating to the non-Federal share shall apply to the amounts transferred under subparagraph (A).
(2)
Transfer of transit funds for highway projects.—
(A)
In general.—
Subject to subparagraph (B), amounts made available for highway projects or transportation planning under chapter 53 of title 49 may be transferred to and administered by the Secretary in accordance with this title.
(B)
Non-federal share.—
The provisions of chapter 53 of title 49 relating to the non-Federal share shall apply to amounts transferred under subparagraph (A).
(3)
Transfer of funds among states or to federal highway administration.—
(A)
In general.—
Subject to subparagraph (B), the Secretary may, at the request of a State, transfer amounts apportioned or allocated under this title to the State to another State, or to the Federal Highway Administration, for the purpose of funding 1 or more projects that are eligible for assistance with amounts so apportioned or allocated.
(B)
Apportionment.—
The transfer shall have no effect on any apportionment of amounts to a State under this section.
(C)
Funds suballocated to urbanized areas.—
Amounts that are apportioned or allocated to a State under subsection (b)(3) (as in effect on the day before the date of enactment of the MAP–21) or subsection (b)(2) and attributed to an urbanized area of a State with a population of more than 200,000 individuals under section 133(d) may be transferred under this paragraph only if the metropolitan planning organization designated for the area concurs, in writing, with the transfer request.
(4)
Transfer of obligation authority.—
Obligation authority for amounts transferred under this subsection shall be transferred in the same manner and amount as the amounts for the projects that are transferred under this section.
(g)
Highway Trust Fund Transparency and Accountability Reports.—
(1)
Compilation of data.—
Not later than 180 days after the date of enactment of the FAST Act, the Secretary shall compile data in accordance with this subsection on the use of Federal-aid highway funds made available under this title.
(2)
Requirements.—
The Secretary shall ensure that the reports required under this subsection are made available in a user-friendly manner on the public Internet website of the Department of Transportation and can be searched and downloaded by users of the website.
(3)
Contents of reports.—
(A)
Apportioned and allocated programs.—
On a semiannual basis, the Secretary shall make available a report on funding apportioned and allocated to the States under this title that describes—
(i) the amount of funding obligated by each State, year-to-date, for the current fiscal year;
(ii) the amount of funds remaining available for obligation by each State;
(iii) changes in the obligated, unexpended balance for each State, year-to-date, during the current fiscal year, including the obligated, unexpended balance at the end of the preceding fiscal year and current fiscal year expenditures;
(iv) the amount and program category of unobligated funding, year-to-date, available for expenditure at the discretion of the Secretary;
(v)
the rates of obligation on and off the National Highway System, year-to-date, for the current fiscal year of funds apportioned, allocated, or set aside under this section, according to—
(I) program;(II) funding category or subcategory;(III) type of improvement;(IV) State; and(V) sub-State geographical area, including urbanized and rural areas, on the basis of the population of each such area; and
(vi) the amount of funds transferred by each State, year-to-date, for the current fiscal year between programs under section 126.
(B)
Project data.—
On an annual basis, the Secretary shall make available a report that provides, for any project funded under this title (excluding projects for which funds are transferred to agencies other than the Federal Highway Administration) with an estimated total cost as of the start of construction greater than $25,000,000, and to the maximum extent practicable, other projects funded under this title, project data describing—
(i) the specific location of the project;
(ii) the total cost of the project;
(iii) the amount of Federal funding obligated for the project;
(iv) the program or programs from which Federal funds have been obligated for the project;
(v)
the type of improvement being made, such as categorizing the project as—
(I) a road reconstruction project;(II) a new road construction project;(III) a new bridge construction project;(IV) a bridge rehabilitation project; or(V) a bridge replacement project;
(vi) the ownership of the highway or bridge;
(vii)
whether the project is located in an area of the State with a population of—
(I) less than 5,000 individuals;(II) 5,000 or more individuals but less than 50,000 individuals;(III) 50,000 or more individuals but less than 200,000 individuals; or(IV) 200,000 or more individuals; and
(viii) available information on the estimated cost of the project as of the start of project construction, or the revised cost estimate based on a description of revisions to the scope of work or other factors affecting project cost other than cost overruns.
(h)
Supplemental Funds.—
(1)
Supplemental funds for national highway performance program.—
(A)
Amount.—
Before making an apportionment for a fiscal year under subsection (c), the Secretary shall reserve for the national highway performance program under section 119 for that fiscal year an amount equal to—
(i) $53,596,122 for fiscal year 2019; and
(ii) $66,717,816 for fiscal year 2020.
(B)
Treatment of funds.—
Funds reserved under subparagraph (A) and apportioned to a State under subsection (c) shall be treated as if apportioned under subsection (b)(1), and shall be in addition to amounts apportioned under that subsection.
(2)
Supplemental funds for surface transportation block grant program.—
(A)
Amount.—
Before making an apportionment for a fiscal year under subsection (c), the Secretary shall reserve for the surface transportation block grant program under section 133 for that fiscal year an amount equal to—
(i)
$835,000,000 for each of fiscal years 2016 and 2017 pursuant to section 133(h), plus—
(I) $55,426,310 for fiscal year 2016; and(II) $89,289,904 for fiscal year 2017; and
(ii)
$850,000,000 for each of fiscal years 2018 through 2020 pursuant to section 133(h), plus—
(I) $118,013,536 for fiscal year 2018;(II) $130,688,367 for fiscal year 2019; and(III) $170,053,448 for fiscal year 2020.
(B)
Treatment of funds.—
Funds reserved under subparagraph (A) and apportioned to a State under subsection (c) shall be treated as if apportioned under subsection (b)(2), and shall be in addition to amounts apportioned under that subsection.
(i)
Base Apportionment Defined.—
In this section, the term “base apportionment” means—
(1) the combined amount authorized for appropriation for the national highway performance program under section 119, the surface transportation block grant program under section 133, the highway safety improvement program under section 148, the congestion mitigation and air quality improvement program under section 149, the national highway freight program under section 167, and to carry out section 134; minus
(2) supplemental funds reserved under subsection (h) for the national highway performance program and the surface transportation block grant program.
(Pub. L. 85–767, Aug. 27, 1958, 72 Stat. 889; Pub. L. 86–70, § 21(e)(2), June 25, 1959, 73 Stat. 146; Pub. L. 86–657, § 8(g), July 14, 1960, 74 Stat. 525; Pub. L. 87–866, § 10(a), Oct. 23, 1962, 76 Stat. 1148; Pub. L. 88–157, §§ 2, 3, Oct. 24, 1963, 77 Stat. 276; Pub. L. 88–423, § 4(a), Aug. 13, 1964, 78 Stat. 397; Pub. L. 89–574, § 4(b), Sept. 13, 1966, 80 Stat. 767; Pub. L. 90–495, § 4(b), Aug. 23, 1968, 82 Stat. 816; Pub. L. 91–605, title I, §§ 104(b), 106(c), Dec. 31, 1970, 84 Stat. 1714, 1717; Pub. L. 93–87, title I, §§ 106(b), 111(a), 112, title II, § 227, Aug. 13, 1973, 87 Stat. 254, 256, 257, 292; Pub. L. 94–280, title I, §§ 106(b), 107(b), 112(a)–(g), 113(a), title II, § 206, May 5, 1976, 90 Stat. 429, 430, 433–435, 453; Pub. L. 95–599, title I, §§ 108–110, 116(b), Nov. 6, 1978, 92 Stat. 2695, 2696, 2699; Pub. L. 97–134, §§ 4(c), 5, Dec. 29, 1981, 95 Stat. 1700; Pub. L. 100–17, title I, §§ 102(b)(1), (2), 114(e)(1), Apr. 2, 1987, 101 Stat. 135, 153; Pub. L. 100–202, § 101(l) [title III, § 347(a)], Dec. 22, 1987, 101 Stat. 1329–358, 1329–388; Pub. L. 101–516, title III, § 333 (part), Nov. 5, 1990, 104 Stat. 2184; Pub. L. 102–143, title III, § 333(c), Oct. 28, 1991, 105 Stat. 947; Pub. L. 102–240, title I, §§ 1001(c)–(e), 1003(e), 1006(e), (f), 1007(b), 1008(b), 1009(d), 1010, 1024(b), (c)(2), 1028(g), Dec. 18, 1991, 105 Stat. 1915, 1916, 1926, 1930, 1932, 1934, 1962, 1968;
§ 105.
Additional deposits into Highway Trust Fund
(a)
In General.—
If monies are deposited into the Highway Account or Mass Transit Account pursuant to a law enacted subsequent to the date of enactment of the FAST Act, the Secretary shall make available additional amounts of contract authority under subsections (b) and (c).
(b)
Amount of Adjustment.—
If monies are deposited into the Highway Account or the Mass Transit Account as described in subsection (a), on October 1 of the fiscal year following the deposit of such monies, the Secretary shall—
(1)
make available for programs authorized from such account for such fiscal year a total amount equal to—
(A) the amount otherwise authorized to be appropriated for such programs for such fiscal year; plus
(B) an amount equal to such monies deposited into such account during the previous fiscal year as described in subsection (a); and
(2) distribute the additional amount under paragraph (1)(B) to each of such programs in accordance with subsection (c).
(c)
Distribution of Adjustment Among Programs.—
(1)
In general.—
In making an adjustment for programs authorized to be appropriated from the Highway Account or the Mass Transit Account for a fiscal year under subsection (b), the Secretary shall—
(A)
determine the ratio that—
(i) the amount authorized to be appropriated for a program from the account for the fiscal year; bears to
(ii) the total amount authorized to be appropriated for such fiscal year for all programs under such account;
(B) multiply the ratio determined under subparagraph (A) by the amount of the adjustment determined under subsection (b)(1)(B); and
(C) adjust the amount that the Secretary would otherwise have allocated for the program for such fiscal year by the amount calculated under subparagraph (B).
(2)
Formula programs.—
For a program for which funds are distributed by formula, the Secretary shall add the adjustment to the amount authorized for the program but for this section and make available the adjusted program amount for such program in accordance with such formula.
(3)
Availability for obligation.—
Adjusted amounts under this subsection shall be available for obligation and administered in the same manner as other amounts made available for the program for which the amount is adjusted.
(d)
Exclusion of Emergency Relief Program and Covered Administrative Expenses.—
The Secretary shall exclude the emergency relief program under section 125 and covered administrative expenses from an adjustment of funding under subsection (c)(1).
(e)
Authorization of Appropriations.—
There is authorized to be appropriated from the appropriate account or accounts of the Highway Trust Fund an amount equal to the amount of an adjustment for a fiscal year under subsection (b) for any of fiscal years 2017 through 2020.
(f)
Revision to Obligation Limitations.—
(1)
In general.—
If the Secretary makes an adjustment under subsection (b) for a fiscal year to an amount subject to a limitation on obligations imposed by section 1102 or 3018 of the FAST Act—
(A) such limitation on obligations for such fiscal year shall be revised by an amount equal to such adjustment; and
(B) the Secretary shall distribute such limitation on obligations, as revised under subparagraph (A), in accordance with such sections.
(2)
Exclusion of covered administrative expenses.—
The Secretary shall exclude covered administrative expenses from—
(A) any calculation relating to a revision of a limitation on obligations under paragraph (1)(A); and
(B) any distribution of a revised limitation on obligations under paragraph (1)(B).
(g)
Definitions.—
In this section, the following definitions apply:
(1)
Covered administrative expenses.—
The term “covered administrative expenses” means the administrative expenses of—
(A) the Federal Highway Administration, as authorized under section 104(a);
(B) the National Highway Traffic Safety Administration, as authorized under section 4001(a)(6) of the FAST Act; and
(C) the Federal Motor Carrier Safety Administration, as authorized under section 31110 of title 49.
(2)
Highway account.—
The term “Highway Account” means the portion of the Highway Trust Fund that is not the Mass Transit Account.
(3)
Mass transit account.—
The term “Mass Transit Account” means the Mass Transit Account of the Highway Trust Fund established under section 9503(e)(1) of the Internal Revenue Code of 1986.
(Added Pub. L. 114–94, div. A, title I, § 1403(a), Dec. 4, 2015, 129 Stat. 1407.)
§ 106.
Project approval and oversight
(a)
In General.—
(1)
Submission of plans, specifications, and estimates.—
Except as otherwise provided in this section, each State transportation department shall submit to the Secretary for approval such plans, specifications, and estimates for each proposed project as the Secretary may require.
(2)
Project agreement.—
The Secretary shall act on the plans, specifications, and estimates as soon as practicable after the date of their submission and shall enter into a formal project agreement with the State transportation department recipient formalizing the conditions of the project approval.
(3)
Contractual obligation.—
The execution of the project agreement shall be deemed a contractual obligation of the Federal Government for the payment of the Federal share of the cost of the project.
(4)
Guidance.—
In taking action under this subsection, the Secretary shall be guided by section 109.
(b)
Project Agreement.—
(1)
Provision of state funds.—
The project agreement shall make provision for State funds required to pay the State’s non-Federal share of the cost of construction of the project (including payments made pursuant to a long-term concession agreement, such as availability payments) and to pay for maintenance of the project after completion of construction.
(2)
Representations of state.—
If a part of the project is to be constructed at the expense of, or in cooperation with, political subdivisions of the State, the Secretary may rely on representations made by the State transportation department with respect to the arrangements or agreements made by the State transportation department and appropriate local officials for ensuring that the non-Federal contribution will be provided under paragraph (1).
(c)
Assumption by States of Responsibilities of the Secretary.—
(1)
NHS projects.—
For projects under this title that are on the National Highway System, including projects on the Interstate System, the State may assume the responsibilities of the Secretary under this title for design, plans, specifications, estimates, contract awards, and inspections with respect to the projects unless the Secretary determines that the assumption is not appropriate.
(2)
Non-nhs projects.—
For projects under this title that are not on the National Highway System, the State shall assume the responsibilities of the Secretary under this title for design, plans, specifications, estimates, contract awards, and inspection of projects, unless the State determines that such assumption is not appropriate.
(3)
Agreement.—
The Secretary and the State shall enter into an agreement relating to the extent to which the State assumes the responsibilities of the Secretary under this subsection.
(4)
Limitation on interstate projects.—
(A)
In general.—
The Secretary shall not assign any responsibilities to a State for projects the Secretary determines to be in a high risk category, as defined under subparagraph (B).
(B)
High risk categories.—
The Secretary may define the high risk categories under this subparagraph on a national basis, a State-by-State basis, or a national and State-by-State basis, as determined to be appropriate by the Secretary.
(d)
Responsibilities of the Secretary.—
Nothing in this section, section 133, or section 149 shall affect or discharge any responsibility or obligation of the Secretary under—
(1) section 113 or 114; or
(2) any Federal law other than this title (including section 5333 of title 49).
(e)
Value Engineering Analysis.—
(1)
Definition of value engineering analysis.—
(A)
In general.—
(i) providing the needed functions safely, reliably, and at the lowest overall lifecycle cost;
(ii) improving the value and quality of the project; and
(iii) reducing the time to complete the project.
(B)
Inclusions.—
The recommendations referred to in subparagraph (A) include, with respect to a project—
(i) combining or eliminating otherwise inefficient use of costly parts of the original proposed design for the project; and
(ii) completely redesigning the project using different technologies, materials, or methods so as to accomplish the original purpose of the project.
(2)
Analysis.—
The State shall provide a value engineering analysis for—
(A) each project on the National Highway System receiving Federal assistance with an estimated total cost of $50,000,000 or more;
(B) a bridge project on the National Highway System receiving Federal assistance with an estimated total cost of $40,000,000 or more; and
(C) any other project the Secretary determines to be appropriate.
(3)
Major projects.—
The Secretary may require more than 1 analysis described in paragraph (2) for a major project described in subsection (h).
(4)
Requirements.—
(A)
Value engineering program.—
The State shall develop and carry out a value engineering program that—
(i) establishes and documents value engineering program policies and procedures;
(ii) ensures that the required value engineering analysis is conducted before completing the final design of a project;
(iii) ensures that the value engineering analysis that is conducted, and the recommendations developed and implemented for each project, are documented in a final value engineering report; and
(iv) monitors, evaluates, and annually submits to the Secretary a report that describes the results of the value analyses that are conducted and the recommendations implemented for each of the projects described in paragraph (2) that are completed in the State.
(B)
Bridge projects.—
The value engineering analysis for a bridge project under paragraph (2) shall—
(i) include bridge superstructure and substructure requirements based on construction material; and
(ii)
be evaluated by the State—
(I) on engineering and economic bases, taking into consideration acceptable designs for bridges; and(II) using an analysis of lifecycle costs and duration of project construction.
(5)
Design-build projects.—
A requirement to provide a value engineering analysis under this subsection shall not apply to a project delivered using the design-build method of construction.
(f)
Life-Cycle Cost Analysis.—
(1)
Use of life-cycle cost analysis.—
The Secretary shall develop recommendations for the States to conduct life-cycle cost analyses. The recommendations shall be based on the principles contained in section 2 of Executive Order No. 12893 and shall be developed in consultation with the American Association of State Highway and Transportation Officials. The Secretary shall not require a State to conduct a life-cycle cost analysis for any project as a result of the recommendations required under this subsection.
(2)
Life-cycle cost analysis defined.—
In this subsection, the term “life-cycle cost analysis” means a process for evaluating the total economic worth of a usable project segment by analyzing initial costs and discounted future costs, such as maintenance, user costs, reconstruction, rehabilitation, restoring, and resurfacing costs, over the life of the project segment.
(g)
Oversight Program.—
(1)
Establishment.—
(A)
In general.—
The Secretary shall establish an oversight program to monitor the effective and efficient use of funds authorized to carry out this title.
(B)
Minimum requirement.—
At a minimum, the program shall be responsive to all areas relating to financial integrity and project delivery.
(2)
Financial integrity.—
(A)
Financial management systems.—
The Secretary shall perform annual reviews that address elements of the State transportation departments’ financial management systems that affect projects approved under subsection (a).
(B)
Project costs.—
The Secretary shall develop minimum standards for estimating project costs and shall periodically evaluate the practices of States for estimating project costs, awarding contracts, and reducing project costs.
(3)
Project delivery.—
The Secretary shall perform annual reviews that address elements of the project delivery system of a State, which elements include one or more activities that are involved in the life cycle of a project from conception to completion of the project.
(4)
Responsibility of the states.—
(A)
In general.—
The States shall be responsible for determining that subrecipients of Federal funds under this title have—
(i) adequate project delivery systems for projects approved under this section; and
(ii) sufficient accounting controls to properly manage such Federal funds.
(B)
Periodic review.—
The Secretary shall periodically review the monitoring of subrecipients by the States.
(5)
Specific oversight responsibilities.—
(A)
Effect of section.—
Nothing in this section shall affect or discharge any oversight responsibility of the Secretary specifically provided for under this title or other Federal law.
(B)
Appalachian development highways.—
The Secretary shall retain full oversight responsibilities for the design and construction of all Appalachian development highways under section 14501 of title 40.
(h)
Major Projects.—
(1)
In general.—
Notwithstanding any other provision of this section, a recipient of Federal financial assistance for a project under this title with an estimated total cost of $500,000,000 or more, and recipients for such other projects as may be identified by the Secretary, shall submit to the Secretary for each project—
(A) a project management plan; and
(B) an annual financial plan, including a phasing plan when applicable.
(2)
Project management plan.—
A project management plan shall document—
(A) the procedures and processes that are in effect to provide timely information to the project decisionmakers to effectively manage the scope, costs, schedules, and quality of, and the Federal requirements applicable to, the project; and
(B) the role of the agency leadership and management team in the delivery of the project.
(3)
Financial plan.—
A financial plan—
(A) shall be based on detailed estimates of the cost to complete the project;
(B) shall provide for the annual submission of updates to the Secretary that are based on reasonable assumptions, as determined by the Secretary, of future increases in the cost to complete the project;
(C) may include a phasing plan that identifies fundable incremental improvements or phases that will address the purpose and the need of the project in the short term in the event there are insufficient financial resources to complete the entire project. If a phasing plan is adopted for a project pursuant to this section, the project shall be deemed to satisfy the fiscal constraint requirements in the statewide and metropolitan planning requirements in sections 134 and 135; and
(D) shall assess the appropriateness of a public-private partnership to deliver the project.
(i)
Other Projects.—
A recipient of Federal financial assistance for a project under this title with an estimated total cost of $100,000,000 or more that is not covered by subsection (h) shall prepare an annual financial plan. Annual financial plans prepared under this subsection shall be made available to the Secretary for review upon the request of the Secretary.
(j)
Use of Advanced Modeling Technologies.—
(1)
Definition of advanced modeling technology.—
In this subsection, the term “advanced modeling technology” means an available or developing technology, including 3-dimensional digital modeling, that can—
(A) accelerate and improve the environmental review process;
(B) increase effective public participation;
(C) enhance the detail and accuracy of project designs;
(D) increase safety;
(E) accelerate construction, and reduce construction costs; or
(F) otherwise expedite project delivery with respect to transportation projects that receive Federal funding.
(2)
Program.—
With respect to transportation projects that receive Federal funding, the Secretary shall encourage the use of advanced modeling technologies during environmental, planning, financial management, design, simulation, and construction processes of the projects.
(3)
Activities.—
In carrying out paragraph (2), the Secretary shall—
(A) compile information relating to advanced modeling technologies, including industry best practices with respect to the use of the technologies;
(B) disseminate to States information relating to advanced modeling technologies, including industry best practices with respect to the use of the technologies; and
(C) promote the use of advanced modeling technologies.
(4)
Comprehensive plan.—
The Secretary shall develop and publish on the public website of the Department of Transportation a detailed and comprehensive plan for the implementation of paragraph (2).
(Pub. L. 85–767, Aug. 27, 1958, 72 Stat. 892; Pub. L. 88–157, § 7(a), Oct. 24, 1963, 77 Stat. 278; Pub. L. 91–605, title I, §§ 106(e), 142, Dec. 31, 1970, 84 Stat. 1717, 1737; Pub. L. 94–280, title I, § 114, May 5, 1976, 90 Stat. 436; Pub. L. 100–17, title I, § 133(b)(4), Apr. 2, 1987, 101 Stat. 171; Pub. L. 102–240, title I, §§ 1016(b), 1018(a), Dec. 18, 1991, 105 Stat. 1945, 1948; Pub. L. 104–59, title III, § 303, Nov. 28, 1995, 109 Stat. 578; Pub. L. 105–178, title I, § 1305(a)–(c), June 9, 1998, 112 Stat. 227–229; Pub. L. 109–59, title I, § 1904(a), Aug. 10, 2005, 119 Stat. 1465; Pub. L. 112–141, div. A, title I, § 1503(a), July 6, 2012, 126 Stat. 561; Pub. L. 114–94, div. A, title II, § 2002(b), Dec. 4, 2015, 129 Stat. 1446.)
§ 107.
Acquisition of rights-of-way—Interstate System
(a)
In any case in which the Secretary is requested by a State to acquire lands or interests in lands (including within the term “interests in lands”, the control of access thereto from adjoining lands) required by such State for right-of-way or other purposes in connection with the prosecution of any project for the construction, reconstruction, or improvement of any section of the Interstate System, the Secretary is authorized, in the name of the United States and prior to the approval of title by the Attorney General, to acquire, enter upon, and take possession of such lands or interests in lands by purchase, donation, condemnation, or otherwise in accordance with the laws of the United States (including sections 3114 to 3116 and 3118 of title 40), if—
(1) the Secretary has determined either that the State is unable to acquire necessary lands or interests in lands, or is unable to acquire such lands or interests in lands with sufficient promptness; and
(2) the State has agreed with the Secretary to pay, at such time as may be specified by the Secretary an amount equal to 10 per centum of the costs incurred by the Secretary, in acquiring such lands or interests in lands, or such lesser percentage which represents the State’s pro rata share of project costs as determined in accordance with subsection (c) 1
1 See References in Text note below.
of section 120 of this title.
The authority granted by this section shall also apply to lands and interests in lands received as grants of land from the United States and owned or held by railroads or other corporations.
(b) The costs incurred by the Secretary in acquiring any such lands or interests in lands may include the cost of examination and abstract of title, certificate of title, advertising, and any fees incidental to such acquisition. All costs incurred by the Secretary in connection with the acquisition of any such lands or interests in lands shall be paid from the funds for construction, reconstruction, or improvement of the Interstate System apportioned to the State upon the request of which such lands or interests in lands are acquired, and any sums paid to the Secretary by such State as its share of the costs of acquisition of such lands or interests in lands shall be deposited in the Treasury to the credit of the appropriation for Federal-aid highways and shall be credited to the amount apportioned to such State as its apportionment of funds for construction, reconstruction, or improvement of the Interstate System, or shall be deducted from other moneys due the State for reimbursement from funds authorized to be appropriated under section 108(b) of the Federal-Aid Highway Act of 1956.
(c) The Secretary is further authorized and directed by proper deed, executed in the name of the United States, to convey any such lands or interests in lands acquired in any State under the provisions of this section, except the outside five feet of any such right-of-way in any State which does not provide control of access, to the State transportation department of such State or such political subdivision thereof as its laws may provide, upon such terms and conditions as to such lands or interests in lands as may be agreed upon by the Secretary and the State transportation department or political subdivisions to which the conveyance is to be made. Whenever the State makes provision for control of access satisfactory to the Secretary, the outside five feet then shall be conveyed to the State by the Secretary, as herein provided.
(d) Whenever rights-of-way, including control of access, on the Interstate System are required over lands or interests in lands owned by the United States, the Secretary may make such arrangements with the agency having jurisdiction over such lands as may be necessary to give the State or other person constructing the projects on such lands adequate rights-of-way and control of access thereto from adjoining lands, and any such agency is directed to cooperate with the Secretary in this connection.
(Pub. L. 85–767, Aug. 27, 1958, 72 Stat. 892; Pub. L. 105–178, title I, § 1212(a)(2)(A)(i), June 9, 1998, 112 Stat. 193; Pub. L. 109–284, § 3(1), Sept. 27, 2006, 120 Stat. 1211.)
§ 108.
Advance acquisition of real property
(a)
In General.—
(1)
Availability of funds.—
For the purpose of facilitating the timely and economical acquisition of real property interests for a transportation improvement eligible for funding under this title, the Secretary, upon the request of a State, may make available, for the acquisition of real property interests, such funds apportioned to the State as may be expended on the transportation improvement, under such rules and regulations as the Secretary may issue.
(2)
Construction.—
The agreement between the Secretary and the State for the reimbursement of the cost of the real property interests shall provide for the actual construction of the transportation improvement within a period not to exceed 20 years following the fiscal year for which the request is made, unless the Secretary determines that a longer period is reasonable.
(b) Federal participation in the cost of real property interests acquired under subsection (a) of this section shall not exceed the Federal pro rata share applicable to the class of funds from which Federal reimbursement is made.
(c)
State-funded Early Acquisition of Real Property Interests.—
(1)
In general.—
A State may carry out, at the expense of the State, acquisitions of interests in real property for a project before completion of the review process required for the project under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) without affecting subsequent approvals required for the project by the State or any Federal agency.
(2)
Eligibility for reimbursement.—
Subject to paragraph (3), funds apportioned to a State under this title may be used to participate in the payment of—
(A) costs incurred by the State for acquisition of real property interests, acquired in advance of any Federal approval or authorization, if the real property interests are subsequently incorporated into a project eligible for surface transportation block grant program funds; and
(B) costs incurred by the State for the acquisition of land necessary to preserve environmental and scenic values.
(3)
Terms and conditions.—
The Federal share payable of the costs described in paragraph (2) shall be eligible for reimbursement out of funds apportioned to a State under this title when the real property interests acquired are incorporated into a project eligible for surface transportation block grant program funds, if the State demonstrates to the Secretary and the Secretary finds that—
(A) any land acquired, and relocation assistance provided, complied with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970;
(B) the requirements of title VI of the Civil Rights Act of 1964 have been complied with;
(C) the State has a mandatory comprehensive and coordinated land use, environment, and transportation planning process under State law and the acquisition is certified by the Governor as consistent with the State plans before the acquisition;
(D) the acquisition is determined in advance by the Governor to be consistent with the State transportation planning process pursuant to section 135 of this title;
(E) the alternative for which the real property interest is acquired is selected by the State pursuant to regulations to be issued by the Secretary which provide for the consideration of the environmental impacts of various alternatives;
(F) before the time that the cost incurred by a State is approved for Federal participation, environmental compliance pursuant to the National Environmental Policy Act has been completed for the project for which the real property interest was acquired by the State, and the acquisition has been approved by the Secretary under this Act,1
1 See References in Text note below.
and in compliance with section 303 of title 49, section 7 of the Endangered Species Act, and all other applicable environmental laws shall be identified by the Secretary in regulations; and
(G) before the time that the cost incurred by a State is approved for Federal participation, the Secretary has determined that the property acquired in advance of Federal approval or authorization did not influence the environmental assessment of the project, the decision relative to the need to construct the project, or the selection of the project design or location.
(d)
Federally Funded Early Acquisition of Real Property Interests.—
(1)
Definition of acquisition of a real property interest.—
In this subsection, the term “acquisition of a real property interest” includes the acquisition of—
(A) any interest in land;
(B) a contractual right to acquire any interest in land; or
(C) any other similar action to acquire or preserve rights-of-way for a transportation facility.
(2)
Authorization.—
The Secretary may authorize the use of funds apportioned to a State under this title for the acquisition of a real property interest by a State.
(3)
State certification.—
A State requesting Federal funding for an acquisition of a real property interest shall certify in writing, with concurrence by the Secretary, that—
(A) the State has authority to acquire the real property interest under State law; and
(B)
the acquisition of the real property interest—
(i) is for a transportation purpose;
(ii) will not cause any significant adverse environmental impact;
(iii) will not limit the choice of reasonable alternatives for the project or otherwise influence the decision of the Secretary on any approval required for the project;
(iv) does not prevent the lead agency from making an impartial decision as to whether to accept an alternative that is being considered in the environmental review process;
(v) is consistent with the State transportation planning process under section 135;
(vi) complies with other applicable Federal laws (including regulations);
(vii) will be acquired through negotiation, without the threat of condemnation; and
(viii) will not result in a reduction or elimination of benefits or assistance to a displaced person required by the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. 4601 et seq.) and title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.).
(4)
Environmental compliance.—
(A)
In general.—
Before authorizing Federal funding for an acquisition of a real property interest, the Secretary shall complete the review process under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) with respect to the acquisition of the real property interest.
(B)
Independent utility.—
The acquisition of a real property interest—
(i) shall be treated as having independent utility for purposes of the review process under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); and
(ii) shall not limit consideration of alternatives for future transportation improvements with respect to the real property interest.
(5)
Programming.—
(A)
In general.—
The acquisition of a real property interest for which Federal funding is requested shall be included as a project in an applicable transportation improvement program under sections 134 and 135 and sections 5303 and 5304 of title 49.
(B)
Acquisition project.—
The acquisition project may consist of the acquisition of a specific parcel, a portion of a transportation corridor, or an entire transportation corridor.
(6)
Development.—
Real property interests acquired under this subsection may not be developed in anticipation of a project until all required environmental reviews for the project have been completed.
(7)
Reimbursement.—
If Federal-aid reimbursement is made for real property interests acquired early under this section and the real property interests are not subsequently incorporated into a project eligible for surface transportation funds within the time allowed by subsection (a)(2), the Secretary shall offset the amount reimbursed against funds apportioned to the State.
(8)
Other requirements and conditions.—
(A)
Applicable law.—
The acquisition of a real property interest shall be carried out in compliance with all requirements applicable to the acquisition of real property interests for federally funded transportation projects.
(B)
Additional conditions.—
The Secretary may establish such other conditions or restrictions on acquisitions under this subsection as the Secretary determines to be appropriate.
(Pub. L. 85–767, Aug. 27, 1958, 72 Stat. 893; Pub. L. 86–35, § 1, May 29, 1959, 73 Stat. 62; Pub. L. 90–495, § 7(a), (b), Aug. 23, 1968, 82 Stat. 818; Pub. L. 93–87, title I, § 113, Aug. 13, 1973, 87 Stat. 257; Pub. L. 94–280, title I, § 115, May 5, 1976, 90 Stat. 436; Pub. L. 102–240, title I, § 1017(a), (b), Dec. 18, 1991, 105 Stat. 1947; Pub. L. 102–388, title III, § 346, Oct. 6, 1992, 106 Stat. 1553; Pub. L. 103–429, § 3(2), Oct. 31, 1994, 108 Stat. 4377; Pub. L. 105–178, title I, §§ 1211(e)(1), 1301(a), June 9, 1998, 112 Stat. 188, 225; Pub. L. 112–141, div. A, title I, § 1302, July 6, 2012, 126 Stat. 528; Pub. L. 114–94, div. A, title I, § 1109(c)(5), Dec. 4, 2015, 129 Stat. 1343.)
§ 109.
Standards
(a)
In General.—
The Secretary shall ensure that the plans and specifications for each proposed highway project under this chapter provide for a facility that will—
(1) adequately serve the existing and planned future traffic of the highway in a manner that is conducive to safety, durability, and economy of maintenance; and
(2) be designed and constructed in accordance with criteria best suited to accomplish the objectives described in paragraph (1) and to conform to the particular needs of each locality.
(b) The geometric and construction standards to be adopted for the Interstate System shall be those approved by the Secretary in cooperation with the State transportation departments. Such standards, as applied to each actual construction project, shall be adequate to enable such project to accommodate the types and volumes of traffic anticipated for such project for the twenty-year period commencing on the date of approval by the Secretary, under section 106 of this title, of the plans, specifications, and estimates for actual construction of such project. Such standards shall in all cases provide for at least four lanes of traffic. The right-of-way width of the Interstate System shall be adequate to permit construction of projects on the Interstate System to such standards. The Secretary shall apply such standards uniformly throughout all the States.
(c)
Design Criteria for National Highway System.—
(1)
In general.—
A design for new construction, reconstruction, resurfacing (except for maintenance resurfacing), restoration, or rehabilitation of a highway on the National Highway System (other than a highway also on the Interstate System) shall consider, in addition to the criteria described in subsection (a)—
(A) the constructed and natural environment of the area;
(B) the environmental, scenic, aesthetic, historic, community, and preservation impacts of the activity;
(C) cost savings by utilizing flexibility that exists in current design guidance and regulations; and
(D) access for other modes of transportation.
(2)
Development of criteria.—
The Secretary, in cooperation with State transportation departments, may develop criteria to implement paragraph (1). In developing criteria under this paragraph, the Secretary shall consider—
(A) the results of the committee process of the American Association of State Highway and Transportation Officials as used in adopting and publishing “A Policy on Geometric Design of Highways and Streets”, including comments submitted by interested parties as part of such process;
(B) the publication entitled “Flexibility in Highway Design” of the Federal Highway Administration;
(C) “Eight Characteristics of Process to Yield Excellence and the Seven Qualities of Excellence in Transportation Design” developed by the conference held during 1998 entitled “Thinking Beyond the Pavement National Workshop on Integrating Highway Development with Communities and the Environment while Maintaining Safety and Performance”;
(D) the publication entitled “Highway Safety Manual” of the American Association of State Highway and Transportation Officials;
(E) the publication entitled “Urban Street Design Guide” of the National Association of City Transportation Officials; and
(F) any other material that the Secretary determines to be appropriate.
(d) On any highway project in which Federal funds hereafter participate, or on any such proj­ect constructed since December 20, 1944, the location, form and character of informational, regulatory and warning signs, curb and pavement or other markings, and traffic signals installed or placed by any public authority or other agency, shall be subject to the approval of the State transportation department with the concurrence of the Secretary, who is directed to concur only in such installations as will promote the safe and efficient utilization of the highways.
(e)
Installation of Safety Devices.—
(1)
Highway and railroad grade crossings and drawbridges.—
No funds shall be approved for expenditure on any Federal-aid highway, or highway affected under chapter 2 of this title, unless proper safety protective devices complying with safety standards determined by the Secretary at that time as being adequate shall be installed or be in operation at any highway and railroad grade crossing or drawbridge on that portion of the highway with respect to which such expenditures are to be made.
(2)
Temporary traffic control devices.—
No funds shall be approved for expenditure on any Federal-aid highway, or highway affected under chapter 2, unless proper temporary traffic control devices to improve safety in work zones will be installed and maintained during construction, utility, and maintenance operations on that portion of the highway with respect to which such expenditures are to be made. Installation and maintenance of the devices shall be in accordance with the Manual on Uniform Traffic Control Devices.
(f) The Secretary shall not, as a condition precedent to his approval under section 106 of this title, require any State to acquire title to, or control of, any marginal land along the proposed highway in addition to that reasonably necessary for road surfaces, median strips, bikeways, pedestrian walkways, gutters, ditches, and side slopes, and of sufficient width to provide service roads for adjacent property to permit safe access at controlled locations in order to expedite traffic, promote safety, and minimize roadside parking.
(g) Not later than January 30, 1971, the Secretary shall issue guidelines for minimizing possible soil erosion from highway construction. Such guidelines shall apply to all proposed projects with respect to which plans, specifications, and estimates are approved by the Secretary after the issuance of such guidelines.
(h)
Not later than July 1, 1972, the Secretary, after consultation with appropriate Federal and State officials, shall submit to Congress, and not later than 90 days after such submission, promulgate guidelines designed to assure that possible adverse economic, social, and environmental effects relating to any proposed project on any Federal-aid system have been fully considered in developing such project, and that the final decisions on the project are made in the best overall public interest, taking into consideration the need for fast, safe and efficient transportation, public services, and the costs of eliminating or minimizing such adverse effects and the following:
(1) air, noise, and water pollution;
(2) destruction or disruption of man-made and natural resources, aesthetic values, community cohesion and the availability of public facilities and services;
(3) adverse employment effects, and tax and property value losses;
(4) injurious displacement of people, businesses and farms; and
(5) disruption of desirable community and regional growth.
Such guidelines shall apply to all proposed proj­ects with respect to which plans, specifications, and estimates are approved by the Secretary after the issuance of such guidelines.
(i) The Secretary, after consultation with appropriate Federal, State, and local officials, shall develop and promulgate standards for highway noise levels compatible with different land uses and after July 1, 1972, shall not approve plans and specifications for any proposed project on any Federal-aid system for which location approval has not yet been secured unless he determines that such plans and specifications include adequate measures to implement the appropriate noise level standards. The Secretary, after consultation with the Administrator of the Environmental Protection Agency and appropriate Federal, State, and local officials, may promulgate standards for the control of highway noise levels for highways on any Federal-aid system for which project approval has been secured prior to July 1, 1972. The Secretary may approve any project on a Federal-aid system to which noise-level standards are made applicable under the preceding sentence for the purpose of carrying out such standards. Such project may include, but is not limited to, the acquisition of additional rights-of-way, the construction of physical barriers, and landscaping. Sums apportioned for the Federal-aid system on which such project will be located shall be available to finance the Federal share of such project. Such project shall be deemed a highway project for all purposes of this title.
(j)
The Secretary, after consultation with the Administrator of the Environmental Protection Agency, shall develop and promulgate guidelines to assure that highways constructed pursuant to this title are consistent with any approved plan for—
(1) the implementation of a national ambient air quality standard for each pollutant for which an area is designated as a nonattainment area under section 107(d) of the Clean Air Act (42 U.S.C. 7407(d)); or
(2) the maintenance of a national ambient air quality standard in an area that was designated as a nonattainment area but that was later redesignated by the Administrator as an attainment area for the standard and that is required to develop a maintenance plan under section 175A of the Clean Air Act (42 U.S.C. 7505a).
(k) The Secretary shall not approve any proj­ect involving approaches to a bridge under this title, if such project and bridge will significantly affect the traffic volume and the highway system of a contiguous State without first taking into full consideration the views of that State.
(l)
(1)
In determining whether any right-of-way on any Federal-aid highway should be used for accommodating any utility facility, the Secretary shall—
(A) first ascertain the effect such use will have on highway and traffic safety, since in no case shall any use be authorized or otherwise permitted, under this or any other provision of law, which would adversely affect safety;
(B) evaluate the direct and indirect environmental and economic effects of any loss of productive agricultural land or any impairment of the productivity of any agricultural land which would result from the disapproval of the use of such right-of-way for the accommodation of such utility facility; and
(C) consider such environmental and economic effects together with any interference with or impairment of the use of the highway in such right-of-way which would result from the use of such right-of-way for the accommodation of such utility facility.
(2)
For the purpose of this subsection—
(A) the term “utility facility” means any privately, publicly, or cooperatively owned line, facility, or system for producing, transmitting, or distributing communications, power, electricity, light, heat, gas, oil, crude products, water, steam, waste, storm water not connected with highway drainage, or any other similar commodity, including any fire or police signal system or street lighting system, which directly or indirectly serves the public; and
(B) the term “right-of-way” means any real property, or interest therein, acquired, dedicated, or reserved for the construction, operation, and maintenance of a highway.
(m)
Protection of Nonmotorized Transportation Traffic.—
The Secretary shall not approve any project or take any regulatory action under this title that will result in the severance of an existing major route or have significant adverse impact on the safety for nonmotorized transportation traffic and light motorcycles, unless such project or regulatory action provides for a reasonable alternate route or such a route exists.
(n) It is the intent of Congress that any project for resurfacing, restoring, or rehabilitating any highway, other than a highway access to which is fully controlled, in which Federal funds participate shall be constructed in accordance with standards to preserve and extend the service life of highways and enhance highway safety.
(o)
Compliance With State Laws for Non-NHS Projects.—
Projects (other than highway projects on the National Highway System) shall be designed, constructed, operated, and maintained in accordance with State laws, regulations, directives, safety standards, design standards, and construction standards.
(p)
Scenic and Historic Values.—
Notwithstanding subsections (b) and (c), the Secretary may approve a project for the National Highway System if the project is designed to—
(1) allow for the preservation of environmental, scenic, or historic values;
(2) ensure safe use of the facility; and
(3) comply with subsection (a).
(q)
Phase Construction.—
Safety considerations for a project under this title may be met by phase construction consistent with the operative safety management system established in accordance with a statewide transportation improvement program approved by the Secretary.
(r)
Pavement Markings.—
The Secretary shall not approve any pavement markings project that includes the use of glass beads containing more than 200 parts per million of arsenic or lead, as determined in accordance with Environmental Protection Agency testing methods 3052, 6010B, or 6010C.
(Pub. L. 85–767, Aug. 27, 1958, 72 Stat. 894; Pub. L. 88–157, § 4, Oct. 24, 1963, 77 Stat. 277; Pub. L. 89–574, §§ 5(a), 14, Sept. 13, 1966, 80 Stat. 767, 771; Pub. L. 91–605, title I, § 136(a), (b), Dec. 31, 1970, 84 Stat. 1734; Pub. L. 93–87, title I, §§ 114, 152(2), 156, Aug. 13, 1973, 87 Stat. 257, 276, 277; Pub. L. 95–599, title I, §§ 113, 116(d), 141(f), (g), Nov. 6, 1978, 92 Stat. 2696, 2699, 2711; Pub. L. 96–106, § 3, Nov. 9, 1979, 93 Stat. 797; Pub. L. 97–424, title I, § 110(a), Jan. 6, 1983, 96 Stat. 2105; Pub. L. 102–240, title I, § 1016(c)–(f)(1), Dec. 18, 1991, 105 Stat. 1946; Pub. L. 104–59, title III, §§ 304, 305(a), Nov. 28, 1995, 109 Stat. 579, 580; Pub. L. 105–178, title I, §§ 1202(c), 1212(a)(2)(A), 1306, June 9, 1998, 112 Stat. 169, 193, 229; Pub. L. 109–59, title I, § 1110(a), (c), title VI, § 6008, Aug. 10, 2005, 119 Stat. 1170, 1171, 1874; Pub. L. 112–141, div. A, title I, §§ 1504, 1519(c)(3), formerly § 1519(c)(4), July 6, 2012, 126 Stat. 564, 575, renumbered § 1519(c)(3), Pub. L. 114–94, div. A, title I, § 1446(d)(5)(B), Dec. 4, 2015, 129 Stat. 1438; Pub. L. 114–94, div. A, title I, § 1404(a), Dec. 4, 2015, 129 Stat. 1409.)
[§ 110.
Repealed. Pub. L. 112–141, div. A, title I, § 1519(b)(1)(A), July 6, 2012, 126 Stat. 575]
§ 111.
Agreements relating to use of and access to rights-of-way—Interstate System
(a)
In General.—
All agreements between the Secretary and the State transportation department for the construction of projects on the Interstate System shall contain a clause providing that the State will not add any points of access to, or exit from, the project in addition to those approved by the Secretary in the plans for such project, without the prior approval of the Secretary. Such agreements shall also contain a clause providing that the State will not permit automotive service stations or other commercial establishments for serving motor vehicle users to be constructed or located on the rights-of-way of the Interstate System and will not change the boundary of any right-of-way on the Interstate System to accommodate construction of, or afford access to, an automotive service station or other commercial establishment. Such agreements may, however, authorize a State or political subdivision thereof to use or permit the use of the airspace above and below the established grade line of the highway pavement for such purposes as will not impair the full use and safety of the highway, as will not require or permit vehicular access to such space directly from such established grade line of the highway, or otherwise interfere in any way with the free flow of traffic on the Interstate System. Nothing in this section, or in any agreement entered into under this section, shall require the discontinuance, obstruction, or removal of any establishment for serving motor vehicle users on any highway which has been, or is hereafter, designated as a highway or route on the Interstate System (1) if such establishment (A) was in existence before January 1, 1960, (B) is owned by a State, and (C) is operated through concessionaries or otherwise, and (2) if all access to, and exits from, such establishment conform to the standards established for such a highway under this title.
(b)
Rest Areas.—
(1)
In general.—
Notwithstanding subsection (a), the Secretary shall permit a State to acquire, construct, operate, and maintain a rest area along a highway on the Interstate System in such State.
(2)
Limited activities.—
The Secretary shall permit limited commercial activities within a rest area under paragraph (1), if the activities are available only to customers using the rest area and are limited to—
(A)
commercial advertising and media displays if such advertising and displays are—
(i) exhibited solely within any facility constructed in the rest area; and
(ii) not legible from the main traveled way;
(B) items designed to promote tourism in the State, limited to books, DVDs, and other media;
(C) tickets for events or attractions in the State of a historical or tourism-related nature;
(D) travel-related information, including maps, travel booklets, and hotel coupon booklets; and
(E) lottery machines, provided that the priority afforded to blind vendors under subsection (c) applies to this subparagraph.
(3)
Private operators.—
A State may permit a private party to operate such commercial activities.
(4)
Limitation on use of revenues.—
A State shall use any revenues received from the commercial activities in a rest area under this section to cover the costs of acquiring, constructing, operating, and maintaining rest areas in the State.
(c)
Vending Machines.—
Notwithstanding subsection (a), any State may permit the placement of vending machines in rest and recreation areas, and in safety rest areas, constructed or located on rights-of-way of the Interstate System in such State. Such vending machines may only dispense such food, drink, and other articles as the State transportation department determines are appropriate and desirable. Such vending machines may only be operated by the State. In permitting the placement of vending machines, the State shall give priority to vending machines which are operated through the State licensing agency designated pursuant to section 2(a)(5) of the Act of June 20, 1936, commonly known as the “Randolph-Sheppard Act” (20 U.S.C. 107a(a)(5)). The costs of installation, operation, and maintenance of vending machines shall not be eligible for Federal assistance under this title.
(d)
Motorist Call Boxes.—
(1)
In general.—
Notwithstanding subsection (a), a State may permit the placement of motorist call boxes on rights-of-way of the National Highway System. Such motorist call boxes may include the identification and sponsorship logos of such call boxes.
(2)
Sponsorship logos.—
(A)
Approval by state and local agencies.—
All call box installations displaying sponsorship logos under this subsection shall be approved by the highway agencies having jurisdiction of the highway on which they are located.
(B)
Size on box.—
A sponsorship logo may be placed on the call box in a dimension not to exceed the size of the call box or a total dimension in excess of 12 inches by 18 inches.
(C)
Size on identification sign.—
Sponsorship logos in a dimension not to exceed 12 inches by 30 inches may be displayed on a call box identification sign affixed to the call box post.
(D)
Spacing of signs.—
Sponsorship logos affixed to an identification sign on a call box post may be located on the rights-of-way at intervals not more frequently than 1 per every 5 miles.
(E)
Distribution throughout state.—
Within a State, at least 20 percent of the call boxes displaying sponsorship logos shall be located on highways outside of urbanized areas with a population greater than 50,000.
(3)
Nonsafety hazards.—
The call boxes and their location, posts, foundations, and mountings shall be consistent with requirements of the Manual on Uniform Traffic Control Devices or any requirements deemed necessary by the Secretary to assure that the call boxes shall not be a safety hazard to motorists.
(e)
Justification Reports.—
If the Secretary requests or requires a justification report for a project that would add a point of access to, or exit from, the Interstate System (including new or modified freeway-to-crossroad interchanges inside a transportation management area), the Secretary may permit a State transportation department to approve the report.
(Pub. L. 85–767, Aug. 27, 1958, 72 Stat. 895; Pub. L. 87–61, title I, § 104(a), June 29, 1961, 75 Stat. 122; Pub. L. 95–599, title I, § 114, Nov. 6, 1978, 92 Stat. 2697; Pub. L. 100–17, title I, § 110(a), Apr. 2, 1987, 101 Stat. 146; Pub. L. 104–59, title III, § 306, Nov. 28, 1995, 109 Stat. 580; Pub. L. 105–178, title I, § 1212(a)(2)(A)(i), June 9, 1998, 112 Stat. 193; Pub. L. 109–59, title I, § 1412, Aug. 10, 2005, 119 Stat. 1234; Pub. L. 110–244, title I, § 104, June 6, 2008, 122 Stat. 1578; Pub. L. 112–141, div. A, title I, §§ 1505, 1539(a), July 6, 2012, 126 Stat. 564, 587; Pub. L. 114–94, div. A, title I, § 1405, Dec. 4, 2015, 129 Stat. 1410.)
§ 112.
Letting of contracts
(a) In all cases where the construction is to be performed by the State transportation department or under its supervision, a request for submission of bids shall be made by advertisement unless some other method is approved by the Secretary. The Secretary shall require such plans and specifications and such methods of bidding as shall be effective in securing competition.
(b)
Bidding Requirements.—
(1)
In general.—
Subject to paragraphs (2) and (3), construction of each project, subject to the provisions of subsection (a) of this section, shall be performed by contract awarded by competitive bidding, unless the State transportation department demonstrates, to the satisfaction of the Secretary, that some other method is more cost effective or that an emergency exists. Contracts for the construction of each project shall be awarded only on the basis of the lowest responsive bid submitted by a bidder meeting established criteria of responsibility. No requirement or obligation shall be imposed as a condition precedent to the award of a contract to such bidder for a project, or to the Secretary’s concurrence in the award of a contract to such bidder, unless such requirement or obligation is otherwise lawful and is specifically set forth in the advertised specifications.
(2)
Contracting for engineering and design services.—
(A)
General rule.—
Subject to paragraph (3), each contract for program management, construction management, feasibility studies, preliminary engineering, design, engineering, surveying, mapping, or architectural related services with respect to a project subject to the provisions of subsection (a) of this section shall be awarded in the same manner as a contract for architectural and engineering services is negotiated under chapter 11 of title 40.
(B)
Performance and audits.—
Any contract or subcontract awarded in accordance with subparagraph (A), whether funded in whole or in part with Federal-aid highway funds, shall be performed and audited in compliance with cost principles contained in the Federal Acquisition Regulations of part 31 of title 48, Code of Federal Regulations.
(C)
Indirect cost rates.—
Instead of performing its own audits, a recipient of funds under a contract or subcontract awarded in accordance with subparagraph (A) shall accept indirect cost rates established in accordance with the Federal Acquisition Regulations for 1-year applicable accounting periods by a cognizant Federal or State government agency, if such rates are not currently under dispute.
(D)
Application of rates.—
Once a firm’s indirect cost rates are accepted under this paragraph, the recipient of the funds shall apply such rates for the purposes of contract estimation, negotiation, administration, reporting, and contract payment and shall not be limited by administrative or de facto ceilings of any kind.
(E)
Prenotification; confidentiality of data.—
A recipient of funds requesting or using the cost and rate data described in subparagraph (D) shall notify any affected firm before such request or use. Such data shall be confidential and shall not be accessible or provided, in whole or in part, to another firm or to any government agency which is not part of the group of agencies sharing cost data under this paragraph, except by written permission of the audited firm. If prohibited by law, such cost and rate data shall not be disclosed under any circumstances.
(F)

(F) 1

1 So in original.
Subparagraphs (B), (C), (D) and (E) herein shall not apply to the States of West Virginia or Minnesota.

(3)
Design-build contracting.—
(A)
In general.—
A State transportation department or local transportation agency may award a design-build contract for a qualified project described in subparagraph (C) using any procurement process permitted by applicable State and local law.
(B)
Limitation on final design.—
Final design under a design-build contract referred to in subparagraph (A) shall not commence before compliance with section 102 of the National Environmental Policy Act of 1969 (42 U.S.C. 4332).
(C)
Qualified projects.—
A qualified project referred to in subparagraph (A) is a project under this chapter (including intermodal projects) for which the Secretary has approved the use of design-build contracting under criteria specified in regulations issued by the Secretary.
(D)
Regulatory process.—
Not later than 90 days after the date of enactment of the SAFETEA–LU, the Secretary shall issue revised regulations under section 1307(c) of the Transportation Equity Act for 21st Century (23 U.S.C. 112 note; 112 Stat. 230) that—
(i)
do not preclude a State transportation department or local transportation agency, prior to compliance with section 102 of the National Environmental Policy Act of 1969 (42 U.S.C. 4332), from—
(I) issuing requests for proposals;(II) proceeding with awards of design-build contracts; or(III) issuing notices to proceed with preliminary design work under design-build contracts;
(ii) require that the State transportation department or local transportation agency receive concurrence from the Secretary before carrying out an activity under clause (i); and
(iii) preclude the design-build contractor from proceeding with final design or construction of any permanent improvement prior to completion of the process under such section 102.
(E)
Design-build contract defined.—
In this paragraph, the term “design-build contract” means an agreement that provides for design and construction of a project by a contractor, regardless of whether the agreement is in the form of a design-build contract, a franchise agreement, or any other form of contract approved by the Secretary.
(4)
Method of contracting.—
(A)
In general.—
(i)
2-phase contract.—
A contracting agency may award a 2-phase contract to a construction manager or general contractor for preconstruction and construction services.
(ii)
Preconstruction services phase.—
In the preconstruction services phase of a contract under this paragraph, the contractor shall provide the contracting agency with advice for scheduling, work sequencing, cost engineering, constructability, cost estimating, and risk identification.
(iii)
Agreement.—
Prior to the start of the construction services phase, the contracting agency and the contractor may agree to a price and other factors specified in regulation for the construction of the project or a portion of the project.
(iv)
Construction phase.—
If an agreement is reached under clause (iii), the contractor shall be responsible for the construction of the project or portion of the project at the negotiated price and in compliance with the other factors specified in the agreement.
(B)
Selection.—
A contract shall be awarded to a contractor under this paragraph using a competitive selection process based on qualifications, experience, best value, or any other combination of factors considered appropriate by the contracting agency.
(C)
Timing.—
(i)
Relationship to nepa process.—
Prior to the completion of the environmental review process required under section 102 of the National Environmental Policy Act of 1969 (42 U.S.C. 4332), a contracting agency may—
(I) issue requests for proposals;(II) proceed with the award of a contract for preconstruction services under subparagraph (A)(ii); and(III) issue notices to proceed with a preliminary design and any work related to preliminary design, to the extent that those actions do not limit any reasonable range of alternatives.
(ii)
Construction services phase.—
A contracting agency shall not proceed with the award of the construction services phase of a contract under subparagraph (A)(iv) and shall not proceed, or permit any consultant or contractor to proceed, with final design or construction until completion of the environmental review process required under section 102 of the National Environmental Policy Act of 1969 (42 U.S.C. 4332).
(iii)
Approval requirement.—
Prior to authorizing construction activities, the Secretary shall approve—
(I) the price estimate of the contracting agency for the entire project; and(II) any price agreement with the general contractor for the project or a portion of the project.
(iv)
Design activities.—
(I)
In general.—
A contracting agency may proceed, at the expense of the contracting agency, with design activities at any level of detail for a project before completion of the review process required for the project under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) without affecting subsequent approvals required for the project.(II)
Reimbursement.—
Design activities carried out under subclause (I) shall be eligible for Federal reimbursement as a project expense in accordance with the requirements under section 109(r).
(v)
Termination provision.—
The Secretary shall require a contract to include an appropriate termination provision in the event that a no-build alternative is selected.
(c) The Secretary shall require as a condition precedent to his approval of each contract awarded by competitive bidding pursuant to subsection (b) of this section, and subject to the provisions of this section, a sworn statement, executed by, or on behalf of, the person, firm, association, or corporation to whom such contract is to be awarded, certifying that such person, firm, association, or corporation has not, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding in connection with such contract.
(d) No contract awarded by competitive bidding pursuant to subsection (b) of this section, and subject to the provisions of this section, shall be entered into by any State transportation department or local subdivision of the State without compliance with the provisions of this section, and without the prior concurrence of the Secretary in the award thereof.
(e)
Standardized Contract Clause Concerning Site Conditions.—
(1)
General rule.—
The Secretary shall issue regulations establishing and requiring, for inclusion in each contract entered into with respect to any project approved under section 106 of this title a contract clause, developed in accordance with guidelines established by the Secretary, which equitably addresses each of the following:
(A) Site conditions.
(B) Suspensions of work ordered by the State (other than a suspension of work caused by the fault of the contractor or by weather).
(C) Material changes in the scope of work specified in the contract.
The guidelines established by the Secretary shall not require arbitration.
(2)
Limitation on applicability.—
(A)
State law.—
Paragraph (1) shall apply in a State except to the extent that such State adopts or has adopted by statute a formal procedure for the development of a contract clause described in paragraph (1) or adopts or has adopted a statute which does not permit inclusion of such a contract clause.
(B)
Design-build contracts.—
Paragraph (1) shall not apply to any design-build contract approved under subsection (b)(3).
(f)
Selection Process.—
A State may procure, under a single contract, the services of a consultant to prepare any environmental impact assessments or analyses required for a project, including environmental impact statements, as well as subsequent engineering and design work on the project if the State conducts a review that assesses the objectivity of the environmental assessment, environmental analysis, or environmental impact statement prior to its submission to the Secretary.
(g)
Temporary Traffic Control Devices.—
(1)
Issuance of regulations.—
The Secretary, after consultation with appropriate Federal and State officials, shall issue regulations establishing the conditions for the appropriate use of, and expenditure of funds for, uniformed law enforcement officers, positive protective measures between workers and motorized traffic, and installation and maintenance of temporary traffic control devices during construction, utility, and maintenance operations.
(2)
Effects of regulations.—
Based on regulations issued under paragraph (1), a State shall—
(A) develop separate pay items for the use of uniformed law enforcement officers, positive protective measures between workers and motorized traffic, and installation and maintenance of temporary traffic control devices during construction, utility, and maintenance operations; and
(B) incorporate such pay items into contract provisions to be included in each contract entered into by the State with respect to a highway project to ensure compliance with section 109(e)(2).
(3)
Limitation.—
Nothing in the regulations shall prohibit a State from implementing standards that are more stringent than those required under the regulations.
(4)
Positive protective measures defined.—
In this subsection, the term “positive protective measures” means temporary traffic barriers, crash cushions, and other strategies to avoid traffic accidents in work zones, including full road closures.
(Pub. L. 85–767, Aug. 27, 1958, 72 Stat. 895; Pub. L. 90–495, § 22(c), Aug. 23, 1968, 82 Stat. 827; Pub. L. 96–470, title I, § 112(b)(1), Oct. 19, 1980, 94 Stat. 2239; Pub. L. 97–424, title I, § 112, Jan. 6, 1983, 96 Stat. 2106; Pub. L. 100–17, title I, § 111, Apr. 2, 1987, 101 Stat. 147; Pub. L. 104–59, title III, § 307(a), Nov. 28, 1995, 109 Stat. 581; Pub. L. 105–178, title I, §§ 1205, 1212(a)(2)(A)(i), 1307(a), (b), June 9, 1998, 112 Stat. 184, 193, 229, 230; Pub. L. 107–217, § 3(e)(1), Aug. 21, 2002, 116 Stat. 1299; Pub. L. 109–59, title I, §§ 1110(b), 1503, Aug. 10, 2005, 119 Stat. 1170, 1238; Pub. L. 109–115, div. A, title I, § 174, Nov. 30, 2005, 119 Stat. 2426; Pub. L. 112–141, div. A, title I, § 1303(a), July 6, 2012, 126 Stat. 531.)
§ 113.
Prevailing rate of wage
(a) The Secretary shall take such action as may be necessary to insure that all laborers and mechanics employed by contractors or subcontractors on the construction work performed on highway projects on the Federal-aid highways authorized under the highway laws providing for the expenditure of Federal funds upon Federal-aid highways, shall be paid wages at rates not less than those prevailing on the same type of work on similar construction in the immediate locality as determined by the Secretary of Labor in accordance with sections 3141–3144, 3146, and 3147 of title 40.
(b) In carrying out the duties of subsection (a) of this section, the Secretary of Labor shall consult with the highway department of the State in which a project on any Federal-aid highway is to be performed. After giving due regard to the information thus obtained, he shall make a predetermination of the minimum wages to be paid laborers and mechanics in accordance with the provisions of subsection (a) of this section which shall be set out in each project advertisement for bids and in each bid proposal form and shall be made a part of the contract covering the project.
(c) The provisions of the section shall not be applicable to employment pursuant to apprenticeship and skill training programs which have been certified by the Secretary of Transportation as promoting equal employment opportunity in connection with Federal-aid highway construction programs.
(Pub. L. 85–767, Aug. 27, 1958, 72 Stat. 895; Pub. L. 90–495, § 12(a), Aug. 23, 1968, 82 Stat. 821; Pub. L. 97–424, title I, § 149, Jan. 6, 1983, 96 Stat. 2131; Pub. L. 100–17, title I, § 133(b)(5), Apr. 2, 1987, 101 Stat. 171; Pub. L. 102–240, title I, § 1006(g)(2), Dec. 18, 1991, 105 Stat. 1927; Pub. L. 107–217, § 3(e)(2), Aug. 21, 2002, 116 Stat. 1299; Pub. L. 112–141, div. A, title I, § 1104(c)(2), July 6, 2012, 126 Stat. 427.)
§ 114.
Construction
(a)
Construction Work In General.—
The construction of any Federal-aid highway or a portion of a Federal-aid highway shall be undertaken by the respective State transportation departments or under their direct supervision. The Secretary shall have the right to conduct such inspections and take such corrective action as the Secretary determines to be appropriate. The construction work and labor in each State shall be performed under the direct supervision of the State transportation department and in accordance with the laws of that State and applicable Federal laws. Construction may be begun as soon as funds are available for expenditure pursuant to subsection (a) of section 118 of this title. After July 1, 1973, the State transportation department shall not erect on any proj­ect where actual construction is in progress and visible to highway users any informational signs other than official traffic control devices conforming with standards developed by the Secretary of Transportation.
(b)
Convict Labor and Convict Produced Materials.—
(1)
Limitation on convict labor.—
Convict labor shall not be used in construction of Federal-aid highways or portions of Federal-aid highways unless the labor is performed by convicts who are on parole, supervised release, or probation.
(2)
Limitation on convict produced materials.—
Materials produced after July 1, 1991, by convict labor may only be used in such construction—
(A) if such materials are produced by convicts who are on parole, supervised release, or probation from a prison; or
(B) if such materials are produced by convicts in a qualified prison facility and the amount of such materials produced in such facility for use in such construction during any 12-month period does not exceed the amount of such materials produced in such facility for use in such construction during the 12-month period ending July 1, 1987.
(3)
Qualified prison facility defined.—
As used in this subsection, “qualified prison facility” means any prison facility in which convicts, during the 12-month period ending July 1, 1987, produced materials for use in construction of highways or portions of highways located on a Federal-aid system in existence during that period.
(c)
Construction Work in Alaska.—
(1)
In general.—
The Secretary shall ensure that a worker who is employed on a remote project for the construction of a highway or portion of a highway located on a Federal-aid system in the State of Alaska and who is not a domiciled resident of the locality shall receive meals and lodging.
(2)
Lodging.—
The lodging under paragraph (1) shall be in accordance with section 1910.142 of title 29, Code of Federal Regulations (relating to temporary labor camp requirements).
(3)
Per diem.—
(A)
In general.—
Contractors are encouraged to use commercial facilities and lodges on remote projects, however, when such facilities are not available, per diem in lieu of room and lodging may be paid on remote Federal highway projects at a basic rate of $75.00 per day or part of a day the worker is employed on the project. Where the contractor provides or furnishes room and lodging or pays a per diem, the cost of the amount shall not be considered a part of wages and shall be excluded from the calculation of wages.
(B)
Secretary of labor.—
Such per diem rate shall be adopted by the Secretary of Labor for all applicable remote Federal highway projects in Alaska.
(C)
Exception.—
Per diem shall not be allowed on any of the following remote projects for the construction of a highway or portion of a highway located on a Federal-aid system:
(i) West of Livengood on the Elliot Highway.
(ii) Mile 0 on the Dalton Highway to the North Slope of Alaska; north of Mile 20 on the Taylor Highway.
(iii) East of Chicken on the Top of the World Highway and south of Tetlin Junction to the Alaska Canadian border.
(4)
Definitions.—
In this subsection, the following definitions apply:
(A)
Remote.—
The term “remote”, as used with respect to a project, means that the project is 65 road miles or more from the international airport in Fairbanks, Anchorage, or Juneau, Alaska, as the case may be, or is inaccessible by road in a 2-wheel drive vehicle.
(B)
Resident.—
The term “resident”, as used with respect to a project, means a person living within 65 road miles of the midpoint of the project for at least 12 consecutive months prior to the award of the project.
(d)
Veterans Employment.—
(1)
In general.—
Subject to paragraph (2), a recipient of Federal financial assistance under this chapter shall, to the extent practicable, encourage contractors working on a highway project funded using the assistance to make a best faith effort in the hiring or referral of laborers on any project for the construction of a highway to veterans (as defined in section 2108 of title 5) who have the requisite skills and abilities to perform the construction work required under the contract.
(2)
Administration.—
This subsection shall not—
(A) apply to projects subject to section 140(d); or
(B) be administered or enforced in any manner that would require an employer to give a preference to any veteran over any equally qualified applicant who is a member of any racial or ethnic minority, a female, or any equally qualified former employee.
(Pub. L. 85–767, Aug. 27, 1958, 72 Stat. 896; Pub. L. 86–657, § 8(f), July 14, 1960, 74 Stat. 525; Pub. L. 93–87, title I, § 115, Aug. 13, 1973, 87 Stat. 258; Pub. L. 97–424, title I, § 148, Jan. 6, 1983, 96 Stat. 2131; Pub. L. 98–473, title II, § 226, Oct. 12, 1984, 98 Stat. 2030; Pub. L. 100–17, title I, § 112(a), (b)(1), Apr. 2, 1987, 101 Stat. 148; Pub. L. 102–240, title I, § 1019, Dec. 18, 1991, 105 Stat. 1948; Pub. L. 105–178, title I, § 1212(a)(2)(A), June 9, 1998, 112 Stat. 193; Pub. L. 109–59, title I, §§ 1409(d), 1904(b), Aug. 10, 2005, 119 Stat. 1232, 1467; Pub. L. 112–141, div. A, title I, § 1506, July 6, 2012, 126 Stat. 564.)
§ 115.
Advance construction
(a)
In General.—
The Secretary may authorize a State to proceed with a project authorized under this title—
(1) without the use of Federal funds; and
(2)
in accordance with all procedures and requirements applicable to the project other than those procedures and requirements that limit the State to implementation of a project—
(A) with the aid of Federal funds previously apportioned or allocated to the State; or
(B) with obligation authority previously allocated to the State.
(b)
Obligation of Federal Share.—
The Secretary, on the request of a State and execution of a project agreement, may obligate all or a portion of the Federal share of a project authorized to proceed under this section from any category of funds for which the project is eligible.
(c)
Inclusion in Transportation Improvement Program.—
The Secretary may approve an application for a project under this section only if the project is included in the transportation improvement program of the State developed under section 135(f).
(Pub. L. 85–767, Aug. 27, 1958, 72 Stat. 896; Pub. L. 90–495, § 25(a), (b), Aug. 23, 1968, 82 Stat. 828, 829; Pub. L. 93–643, § 111, Jan. 4, 1975, 88 Stat. 2285; Pub. L. 96–106, § 4, Nov. 9, 1979, 93 Stat. 797; Pub. L. 97–424, title I, § 113, Jan. 6, 1983, 96 Stat. 2106; Pub. L. 100–17, title I, § 113(a)–(d)(1), Apr. 2, 1987, 101 Stat. 149, 150; Pub. L. 102–302, § 103, June 22, 1992, 106 Stat. 252; Pub. L. 104–59, title III, § 308, Nov. 28, 1995, 109 Stat. 582; Pub. L. 105–178, title I, §§ 1103(l)(3)(A), 1106(c)(1)(A), 1226(a), title V, § 5119(d), June 9, 1998, 112 Stat. 126, 136, 452; Pub. L. 105–206, title IX, § 9003(a), July 22, 1998, 112 Stat. 837; Pub. L. 109–59, title I, § 1501(a), Aug. 10, 2005, 119 Stat. 1235; Pub. L. 110–244, title I, § 101(j), June 6, 2008, 122 Stat. 1574.)
§ 116.
Maintenance
(a)
Definitions.—
In this section, the following definitions apply:
(1)
Preventive maintenance.—
The term “preventive maintenance” includes pavement preservation programs and activities.
(2)
Pavement preservation programs and activities.—
The term “pavement preservation programs and activities” means programs and activities employing a network level, long-term strategy that enhances pavement performance by using an integrated, cost-effective set of practices that extend pavement life, improve safety, and meet road user expectations.
(b) It shall be the duty of the State transportation department or other direct recipient to maintain, or cause to be maintained, any project constructed under the provisions of this chapter or constructed under the provisions of prior Acts.
(c)
Agreement.—
In any State in which the State transportation department or other direct recipient is without legal authority to maintain a project described in subsection (b), the transportation department or direct recipient shall enter into a formal agreement with the appropriate officials of the county or municipality in which the project is located to provide for the maintenance of the project.
(d) If at any time the Secretary shall find that any project constructed under the provisions of this chapter, or constructed under the provisions of prior Acts, is not being properly maintained, he shall call such fact to the attention of the State transportation department or other direct recipient. If, within ninety days after receipt of such notice, such project has not been put in proper condition of maintenance, the Secretary shall withhold approval of further projects of all types in the State highway district, municipality, county, other political or administrative subdivision of the State, or the entire State in which such project is located, whichever the Secretary deems most appropriate, until such project shall have been put in proper condition of maintenance.
(e)
Preventive Maintenance.—
A preventive maintenance activity shall be eligible for Federal assistance under this title if the State demonstrates to the satisfaction of the Secretary that the activity is a cost-effective means of extending the useful life of a Federal-aid highway.
(Pub. L. 85–767, Aug. 27, 1958, 72 Stat. 896; Pub. L. 86–70, § 21(d)(2), (e)(3), June 25, 1959, 73 Stat. 145, 146; Pub. L. 90–495, § 26, Aug. 23, 1968, 82 Stat. 829; Pub. L. 95–599, title I, § 124(d), Nov. 6, 1978, 92 Stat. 2705; Pub. L. 97–424, title I, § 114, Jan. 6, 1983, 96 Stat. 2107; Pub. L. 100–17, title I, § 125(b)(2), Apr. 2, 1987, 101 Stat. 167; Pub. L. 104–59, title III, § 309, Nov. 28, 1995, 109 Stat. 582; Pub. L. 105–178, title I, § 1212(a)(2)(A)(i), June 9, 1998, 112 Stat. 193; Pub. L. 109–59, title I, § 1111(b)(1), Aug. 10, 2005, 119 Stat. 1171; Pub. L. 112–141, div. A, title I, § 1507, July 6, 2012, 126 Stat. 565.)
§ 117.
Nationally significant freight and highway projects
(a)
Establishment.—
(1)
In general.—
There is established a nationally significant freight and highway projects program to provide financial assistance for projects of national or regional significance.
(2)
Goals.—
The goals of the program shall be to—
(A) improve the safety, efficiency, and reliability of the movement of freight and people;
(B) generate national or regional economic benefits and an increase in the global economic competitiveness of the United States;
(C) reduce highway congestion and bottlenecks;
(D) improve connectivity between modes of freight transportation;
(E) enhance the resiliency of critical highway infrastructure and help protect the environment;
(F) improve roadways vital to national energy security; and
(G) address the impact of population growth on the movement of people and freight.
(b)
Grant Authority.—
(1)
In general.—
In carrying out the program established in subsection (a), the Secretary may make grants, on a competitive basis, in accordance with this section.
(2)
Grant amount.—
Except as otherwise provided, each grant made under this section shall be in an amount that is at least $25,000,000.
(c)
Eligible Applicants.—
(1)
In general.—
The Secretary may make a grant under this section to the following:
(A) A State or a group of States.
(B) A metropolitan planning organization that serves an urbanized area (as defined by the Bureau of the Census) with a population of more than 200,000 individuals.
(C) A unit of local government or a 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, including a port authority.
(F) A Federal land management agency that applies jointly with a State or group of States.
(G) A tribal government or a consortium of tribal governments.
(H) A multistate or multijurisdictional group of entities described in this paragraph.
(2)
Applications.—
To be eligible for a grant under this section, an entity specified in paragraph (1) shall submit to the Secretary an application in such form, at such time, and containing such information as the Secretary determines is appropriate.
(d)
Eligible Projects.—
(1)
In general.—
Except as provided in subsection (e), the Secretary may make a grant under this section only for a project that—
(A)
is—
(i) a highway freight project carried out on the National Highway Freight Network established under section 167;
(ii)
a highway or bridge project carried out on the National Highway System, including—
(I) a project to add capacity to the Interstate System to improve mobility; or(II) a project in a national scenic area;
(iii)
a freight project that is—
(I) a freight intermodal or freight rail project; or(II) within the boundaries of a public or private freight rail, water (including ports), or intermodal facility and that is a surface transportation infrastructure project necessary to facilitate direct intermodal interchange, transfer, or access into or out of the facility; or
(iv) a railway-highway grade crossing or grade separation project; and
(B)
has eligible project costs that are reasonably anticipated to equal or exceed the lesser of—
(i) $100,000,000; or
(ii)
in the case of a project—
(I) located in 1 State, 30 percent of the amount apportioned under this chapter to the State in the most recently completed fiscal year; or(II) located in more than 1 State, 50 percent of the amount apportioned under this chapter to the participating State with the largest apportionment under this chapter in the most recently completed fiscal year.
(2)
Limitation.—
(A)
In general.—
Not more than $600,000,000 of the amounts made available for grants under this section for fiscal years 2016 through 2021, in the aggregate, may be used to make grants for projects described in paragraph (1)(A)(iii) and such a project may only receive a grant under this section if—
(i) the project will make a significant improvement to freight movements on the National Highway Freight Network; and
(ii) the Federal share of the project funds only elements of the project that provide public benefits.
(B)
Exclusions.—
The limitation under subparagraph (A)—
(i) shall not apply to a railway-highway grade crossing or grade separation project; and
(ii) with respect to a multimodal project, shall apply only to the non-highway portion or portions of the project.
(e)
Small Projects.—
(1)
In general.—
The Secretary shall reserve 10 percent of the amounts made available for grants under this section each fiscal year to make grants for projects described in subsection (d)(1)(A) that do not satisfy the minimum threshold under subsection (d)(1)(B).
(2)
Grant amount.—
Each grant made under this subsection shall be in an amount that is at least $5,000,000.
(3)
Project selection considerations.—
In addition to other applicable requirements, in making grants under this subsection the Secretary shall consider—
(A) the cost effectiveness of the proposed project; and
(B) the effect of the proposed project on mobility in the State and region in which the project is carried out.
(f)
Eligible Project Costs.—
Grant amounts received for a project under this section may be used for—
(1) development phase activities, including planning, feasibility analysis, revenue forecasting, environmental review, preliminary engineering and design work, and other preconstruction activities; and
(2) construction, reconstruction, rehabilitation, acquisition of real property (including land related to the project and improvements to the land), environmental mitigation, construction contingencies, acquisition of equipment, and operational improvements directly related to improving system performance.
(g)
Project Requirements.—
The Secretary may select a project described under this section (other than subsection (e)) for funding under this section only if the Secretary determines that—
(1) the project will generate national or regional economic, mobility, or safety benefits;
(2) the project will be cost effective;
(3) the project will contribute to the accomplishment of 1 or more of the national goals described under section 150 of this title;
(4) the project is based on the results of preliminary engineering;
(5)
with respect to related non-Federal financial commitments—
(A) 1 or more stable and dependable sources of funding and financing are available to construct, maintain, and operate the project; and
(B) contingency amounts are available to cover unanticipated cost increases;
(6) the project cannot be easily and efficiently completed without other Federal funding or financial assistance available to the project sponsor; and
(7) the project is reasonably expected to begin construction not later than 18 months after the date of obligation of funds for the project.
(h)
Additional Considerations.—
In making a grant under this section, the Secretary shall consider—
(1) utilization of nontraditional financing, innovative design and construction techniques, or innovative technologies;
(2) utilization of non-Federal contributions; and
(3) contributions to geographic diversity among grant recipients, including the need for a balance between the needs of rural and urban communities.
(i)
Rural Areas.—
(1)
In general.—
The Secretary shall reserve not less than 25 percent of the amounts made available for grants under this section, including the amounts made available under subsection (e), each fiscal year to make grants for projects located in rural areas.
(2)
Excess funding.—
In any fiscal year in which qualified applications for grants under this subsection will not allow for the amount reserved under paragraph (1) to be fully utilized, the Secretary shall use the unutilized amounts to make other grants under this section.
(3)
Rural area defined.—
In this subsection, the term “rural area” means an area that is outside an urbanized area with a population of over 200,000.
(j)
Federal Share.—
(1)
In general.—
The Federal share of the cost of a project assisted with a grant under this section may not exceed 60 percent.
(2)
Maximum federal involvement.—
Federal assistance other than a grant under this section may be used to satisfy the non-Federal share of the cost of a project for which such a grant is made, except that the total Federal assistance provided for a project receiving a grant under this section may not exceed 80 percent of the total project cost.
(3)
Federal land management agencies.—
Notwithstanding any other provision of law, any Federal funds other than those made available under this title or title 49 may be used to pay the non-Federal share of the cost of a project carried out under this section by a Federal land management agency, as described under subsection (c)(1)(F).
(k)
Treatment of Freight Projects.—
Notwithstanding any other provision of law, a freight project carried out under this section shall be treated as if the project is located on a Federal-aid highway.
(l)
TIFIA Program.—
At the request of an eligible applicant under this section, the Secretary may use amounts awarded to the entity to pay subsidy and administrative costs necessary to provide the entity Federal credit assistance under chapter 6 with respect to the project for which the grant was awarded.
(m)
Congressional Notification.—
(1)
Notification.—
(A)
In general.—
At least 60 days before making a grant for a project under this section, the Secretary shall notify, in writing, the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate of the proposed grant. The notification shall include an evaluation and justification for the project and the amount of the proposed grant award.
(B)
Multimodal projects.—
In addition to the notice required under subparagraph (A), the Secretary shall notify the Committee on Commerce, Science, and Transportation of the Senate before making a grant for a project described in subsection (d)(1)(A)(iii).
(2)
Congressional disapproval.—
The Secretary may not make a grant or any other obligation or commitment to fund a project under this section if a joint resolution is enacted disapproving funding for the project before the last day of the 60-day period described in paragraph (1).
(n)
Reports.—
(1)
Annual report.—
The Secretary shall make available on the Web site 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.
(2)
Comptroller general.—
(A)
Assessment.—
The Comptroller General of the United States shall conduct an assessment of the administrative establishment, solicitation, selection, and justification process with respect to the funding of grants under this section.
(B)
Report.—
Not later than 1 year after the initial awarding of grants under this section, the Comptroller General shall submit to the Committee on Environment and Public Works of the Senate, the Committee on Commerce, Science, and Transportation of the Senate, and the Committee on Transportation and Infrastructure of the House of Representatives a report that describes—
(i) the adequacy and fairness of the process by which each project was selected, if applicable; and
(ii) the justification and criteria used for the selection of each project, if applicable.
(Added Pub. L. 114–94, div. A, title I, § 1105(a), Dec. 4, 2015, 129 Stat. 1332; amended Pub. L. 116–159, div. B, title I, § 1102, Oct. 1, 2020, 134 Stat. 726.)
§ 118.
Availability of funds
(a)
Date Available for Obligation.—
Except as otherwise specifically provided, authorizations from the Highway Trust Fund (other than the Mass Transit Account) to carry out this title shall be available for obligation on the date of their apportionment or allocation or on October 1 of the fiscal year for which they are authorized, whichever occurs first.
(b)
Period of Availability.—
Except as otherwise specifically provided, funds apportioned or allocated pursuant to this title in a State shall remain available for obligation in that State for a period of 3 years after the last day of the fiscal year for which the funds are authorized. Any amounts so apportioned or allocated that remain unobligated at the end of that period shall lapse.
(c)
Obligation and Release of Funds.—
(1)
In general.—
Funds apportioned or allocated to a State for a purpose for any fiscal year shall be considered to be obligated if a sum equal to the total of the funds apportioned or allocated to the State for that purpose for that fiscal year and previous fiscal years is obligated.
(2)
Released funds.—
Any funds released by the final payment for a project, or by modifying the project agreement for a project, shall be—
(A) credited to the same class of funds previously apportioned or allocated to the State for the project; and
(B) immediately available for obligation.
(3)
Net obligations.—
Notwithstanding any other provision of law (including a regulation), obligations recorded against funds made available under this subsection shall be recorded and reported as net obligations.
(d) Funds made available to the State of Alaska and the Commonwealth of Puerto Rico under this title may be expended for construction of access and development roads that will serve resource development, recreational, residential, commercial, industrial, or other like purposes.
(Pub. L. 85–767, Aug. 27, 1958, 72 Stat. 897; Pub. L. 89–574, § 7(a), Sept. 13, 1966, 80 Stat. 768; Pub. L. 94–280, title I, § 117(a), May 5, 1976, 90 Stat. 436; Pub. L. 95–599, title I, § 115(a), Nov. 6, 1978, 92 Stat. 2697; Pub. L. 96–106, § 5(a), Nov. 9, 1979, 93 Stat. 797; Pub. L. 97–424, title I, § 115, Jan. 6, 1983, 96 Stat. 2107; Pub. L. 100–17, title I, §§ 114(a)–(c), (e)(2)–(4), 115, Apr. 2, 1987, 101 Stat. 150–153; Pub. L. 102–240, title I, § 1020, Dec. 18, 1991, 105 Stat. 1948; Pub. L. 102–388, title IV, § 409, Oct. 6, 1992, 106 Stat. 1565; Pub. L. 105–178, title I, §§ 1106(c)(1)(B), 1107(b), 1226(b), June 9, 1998, 112 Stat. 136, 137; Pub. L. 105–206, title IX, § 9003(a), July 22, 1998, 112 Stat. 837; Pub. L. 109–59, title I, §§ 1111(a), 1501(b), Aug. 10, 2005, 119 Stat. 1171, 1235; Pub. L. 112–141, div. A, title I, § 1519(b)(1)(B), (c)(4), formerly (c)(5), July 6, 2012, 126 Stat. 575, renumbered § 1519(c)(4), Pub. L. 114–94, div. A, title I, § 1446(d)(5)(B), Dec. 4, 2015, 129 Stat. 1438.)
§ 119.
National highway performance program
(a)
Establishment.—
The Secretary shall establish and implement a national highway performance program under this section.
(b)
Purposes.—
The purposes of the national highway performance program shall be—
(1) to provide support for the condition and performance of the National Highway System;
(2) to provide support for the construction of new facilities on the National Highway System; and
(3) to ensure that investments of Federal-aid funds in highway construction are directed to support progress toward the achievement of performance targets established in an asset management plan of a State for the National Highway System.
(c)
Eligible Facilities.—
Except as provided in subsection (d), to be eligible for funding apportioned under section 104(b)(1) to carry out this section, a facility shall be located on the National Highway System, as defined in section 103.
(d)
Eligible Projects.—
Funds apportioned to a State to carry out the national highway performance program may be obligated only for a project on an eligible facility that is—
(1)
(A) a project or part of a program of projects supporting progress toward the achievement of national performance goals for improving infrastructure condition, safety, congestion reduction, system reliability, or freight movement on the National Highway System; and
(B) consistent with sections 134 and 135; and
(2)
for 1 or more of the following purposes:
(A) Construction, reconstruction, resurfacing, restoration, rehabilitation, preservation, or operational improvement of segments of the National Highway System.
(B) Construction, replacement (including replacement with fill material), rehabilitation, preservation, and protection (including scour countermeasures, seismic retrofits, impact protection measures, security countermeasures, and protection against extreme events) of bridges on the National Highway System.
(C) Construction, replacement (including replacement with fill material), rehabilitation, preservation, and protection (including impact protection measures, security countermeasures, and protection against extreme events) of tunnels on the National Highway System.
(D) Inspection and evaluation, as described in section 144, of bridges and tunnels on the National Highway System, and inspection and evaluation of other highway infrastructure assets on the National Highway System, including signs and sign structures, earth retaining walls, and drainage structures.
(E) Training of bridge and tunnel inspectors, as described in section 144.
(F) Construction, rehabilitation, or replacement of existing ferry boats and ferry boat facilities, including approaches, that connect road segments of the National Highway System.
(G)
Construction, reconstruction, resurfacing, restoration, rehabilitation, and preservation of, and operational improvements for, a Federal-aid highway not on the National Highway System, and construction of a transit project eligible for assistance under chapter 53 of title 49, if—
(i) the highway project or transit project is in the same corridor as, and in proximity to, a fully access-controlled highway designated as a part of the National Highway System;
(ii) the construction or improvements will reduce delays or produce travel time savings on the fully access-controlled highway described in clause (i) and improve regional traffic flow; and
(iii) the construction or improvements are more cost-effective, as determined by benefit-cost analysis, than an improvement to the fully access-controlled highway described in clause (i).
(H) Bicycle transportation and pedestrian walkways in accordance with section 217.
(I) Highway safety improvements for segments of the National Highway System.
(J) Capital and operating costs for traffic and traveler information monitoring, management, and control facilities and programs.
(K) Development and implementation of a State asset management plan for the National Highway System in accordance with this section, including data collection, maintenance, and integration and the cost associated with obtaining, updating, and licensing software and equipment required for risk-based asset management and performance-based management.
(L) Infrastructure-based intelligent transportation systems capital improvements, including the installation of vehicle-to-infrastructure communication equipment.
(M) Environmental restoration and pollution abatement in accordance with section 328.
(N) Control of noxious weeds and aquatic noxious weeds and establishment of native species in accordance with section 329.
(O) Environmental mitigation efforts related to projects funded under this section, as described in subsection (g).
(P) Construction of publicly owned intracity or intercity bus terminals servicing the National Highway System.
(e)
State Performance Management.—
(1)
In general.—
A State shall develop a risk-based asset management plan for the National Highway System to improve or preserve the condition of the assets and the performance of the system.
(2)
Performance driven plan.—
A State asset management plan shall include strategies leading to a program of projects that would make progress toward achievement of the State targets for asset condition and performance of the National Highway System in accordance with section 150(d) and supporting the progress toward the achievement of the national goals identified in section 150(b).
(3)
Scope.—
In developing a risk-based asset management plan, the Secretary shall encourage States to include all infrastructure assets within the right-of-way corridor in such plan.
(4)
Plan contents.—
A State asset management plan shall, at a minimum, be in a form that the Secretary determines to be appropriate and include—
(A) a summary listing of the pavement and bridge assets on the National Highway System in the State, including a description of the condition of those assets;
(B) asset management objectives and measures;
(C) performance gap identification;
(D) lifecycle cost and risk management analysis;
(E) a financial plan; and
(F) investment strategies.
(5)
Requirement for plan.—
(A)
In general.—
Notwithstanding section 120, each fiscal year, if the Secretary determines that a State has not developed and implemented a State asset management plan consistent with this section, the Federal share payable on account of any project or activity for which funds are obligated by the State in that fiscal year under this section shall be 65 percent.
(B)
Determination.—
The Secretary shall make the determination under subparagraph (A) for a fiscal year not later than the day before the beginning of such fiscal year.
(6)
Certification of plan development process.—
(A)
In general.—
Not later than 90 days after the date on which a State submits a request for approval of the process used by the State to develop the State asset management plan for the National Highway System, the Secretary shall—
(i) review the process; and
(ii)(I) certify that the process meets the requirements established by the Secretary; or(II) deny certification and specify actions necessary for the State to take to correct deficiencies in the State process.
(B)
Recertification.—
Not less frequently than once every 4 years, the Secretary shall review and recertify that the process used by a State to develop and maintain the State asset management plan for the National Highway System meets the requirements for the process, as established by the Secretary.
(C)
Opportunity to cure.—
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.
(7)
Performance achievement.—
A State that does not achieve or make significant progress toward achieving the targets of the State for performance measures described in section 150(d) for the National Highway System shall include as part of the performance target report under section 150(e) a description of the actions the State will undertake to achieve the targets.
(8)
Process.—
Not later than 18 months after the date of enactment of the MAP–21, the Secretary shall, by regulation and in consultation with State departments of transportation, establish the process to develop the State asset management plan described in paragraph (1).
(f)
Interstate System and NHS Bridge Conditions.—
(1)
Condition of interstate system.—
(A)
Penalty.—
If a State reports that the condition of the Interstate System, excluding bridges on the Interstate System, has fallen below the minimum condition level established by the Secretary under section 150(c)(3), the State shall be required, during the following fiscal year—
(i) to obligate, from the amounts apportioned to the State under section 104(b)(1), an amount that is not less than the amount of funds apportioned to the State for fiscal year 2009 under the Interstate maintenance program for the purposes described in this section (as in effect on the day before the date of enactment of the MAP–21), except that for each year after fiscal year 2013, the amount required to be obligated under this clause shall be increased by 2 percent over the amount required to be obligated in the previous fiscal year; and
(ii) to transfer, from the amounts apportioned to the State under section 104(b)(2) (other than amounts suballocated to metropolitan areas and other areas of the State under section 133(d)) to the apportionment of the State under section 104(b)(1), an amount equal to 10 percent of the amount of funds apportioned to the State for fiscal year 2009 under the Interstate maintenance program for the purposes described in this section (as in effect on the day before the date of enactment of the MAP–21).
(B)
Restoration.—
The obligation requirement for the Interstate System in a State required by subparagraph (A) for a fiscal year shall remain in effect for each subsequent fiscal year until such time as the condition of the Interstate System in the State exceeds the minimum condition level established by the Secretary.
(2)
Condition of nhs bridges.—
(A)
Penalty.—
If the Secretary determines that, for the 3-year-period preceding the date of the determination, more than 10 percent of the total deck area of bridges in the State on the National Highway System is located on bridges that have been classified as structurally deficient, an amount equal to 50 percent of funds apportioned to such State for fiscal year 2009 to carry out section 144 (as in effect the day before enactment of MAP–21) shall be set aside from amounts apportioned to a State for a fiscal year under section 104(b)(1) only for eligible projects on bridges on the National Highway System.
(B)
Restoration.—
The set-aside requirement for bridges on the National Highway System in a State under subparagraph (A) for a fiscal year shall remain in effect for each subsequent fiscal year until such time as less than 10 percent of the total deck area of bridges in the State on the National Highway System is located on bridges that have been classified as structurally deficient, as determined by the Secretary.
(g)
Environmental Mitigation.—
(1)
Eligible activities.—
In accordance with all applicable Federal law (including regulations), environmental mitigation efforts referred to in subsection (d)(2)(O) include participation in natural habitat and wetlands mitigation efforts relating to projects funded under this title, which may include—
(A)
participation in mitigation banking or other third-party mitigation arrangements, such as—
(i) the purchase of credits from commercial mitigation banks;
(ii) the establishment and management of agency-sponsored mitigation banks; and
(iii) the purchase of credits or establishment of in-lieu fee mitigation programs;
(B) contributions to statewide and regional efforts to conserve, restore, enhance, and create natural habitats and wetlands; and
(C) the development of statewide and regional environmental protection plans, including natural habitat and wetland conservation and restoration plans.
(2)
Inclusion of other activities.—
The banks, efforts, and plans described in paragraph (1) include any such banks, efforts, and plans developed in accordance with applicable law (including regulations).
(3)
Terms and conditions.—
The following terms and conditions apply to natural habitat and wetlands mitigation efforts under this subsection:
(A)
Contributions to the mitigation effort may—
(i) take place concurrent with, or in advance of, commitment of funding under this title to a project or projects; and
(ii) occur in advance of project construction only if the efforts are consistent with all applicable requirements of Federal law (including regulations) and State transportation planning processes.
(B) Credits from any agency-sponsored mitigation bank that are attributable to funding under this section may be used only for projects funded under this title, unless the agency pays to the Secretary an amount equal to the Federal funds attributable to the mitigation bank credits the agency uses for purposes other than mitigation of a project funded under this title.
(4)
Preference.—
At the discretion of the project sponsor, preference shall be given, to the maximum extent practicable, to mitigating an environmental impact through the use of a mitigation bank, in-lieu fee, or other third-party mitigation arrangement, if the use of credits from the mitigation bank or in-lieu fee, or the other third-party mitigation arrangement for the project, is approved by the applicable Federal agency.
(h)
TIFIA Program.—
Upon Secretarial approval of credit assistance under chapter 6, the Secretary, at the request of a State, may allow the State to use funds apportioned under section 104(b)(1) to pay subsidy and administrative costs necessary to provide an eligible entity Federal credit assistance under chapter 6 with respect to a project eligible for assistance under this section.
(i)
Additional Funding Eligibility for Certain Bridges.—
(1)
In general.—
Funds apportioned to a State to carry out the national highway performance program may be obligated for a project for the reconstruction, resurfacing, restoration, rehabilitation, or preservation of a bridge not on the National Highway System, if the bridge is on a Federal-aid highway.
(2)
Limitation.—
A State required to make obligations under subsection (f) shall ensure such requirements are satisfied in order to use the flexibility under paragraph (1).
(j)
Critical Infrastructure.—
(1)
Critical infrastructure defined.—
In this subsection, the term “critical infrastructure” means those facilities the incapacity or failure of which would have a debilitating impact on national or regional economic security, national or regional energy security, national or regional public health or safety, or any combination of those matters.
(2)
Consideration.—
The asset management plan of a State may include consideration of critical infrastructure from among those facilities in the State that are eligible under subsection (c).
(3)
Risk reduction.—
A State may use funds apportioned under this section for projects intended to reduce the risk of failure of critical infrastructure in the State.
(Added Pub. L. 95–599, title I, § 116(a), Nov. 6, 1978, 92 Stat. 2698; amended Pub. L. 96–106, § 18, Nov. 9, 1979, 93 Stat. 799; Pub. L. 97–134, §§ 6, 7, Dec. 29, 1981, 95 Stat. 1701; Pub. L. 97–424, title I, § 116(a)(1), (2), (b), (c), Jan. 6, 1983, 96 Stat. 2109; Pub. L. 98–229, § 8(b), Mar. 9, 1984, 98 Stat. 56; Pub. L. 99–190, § 101(e) [title III, § 327], Dec. 19, 1985, 99 Stat. 1267, 1289; Pub. L. 100–17, title I, § 116(a)–(c)(1), Apr. 2, 1987, 101 Stat. 154, 155; Pub. L. 100–202, § 101(l) [title III, § 347(b)], Dec. 22, 1987, 101 Stat. 1329–358, 1329–388; Pub. L. 102–240, title I, § 1009(a), (b), (e)(1), (3)–(5), Dec. 18, 1991, 105 Stat. 1933, 1934; Pub. L. 105–178, title I, § 1107(a), (d), June 9, 1998, 112 Stat. 137; Pub. L. 105–206, title IX, § 9002(f), July 22, 1998, 112 Stat. 836; Pub. L. 112–141, div. A, title I, § 1106(a), July 6, 2012, 126 Stat. 432; Pub. L. 114–94, div. A, title I, §§ 1106, 1406(a), 1407(a), 1446(a)(1), Dec. 4, 2015, 129 Stat. 1337, 1410, 1437; Pub. L. 116–94, div. H, title I, § 129A, Dec. 20, 2019, 133 Stat. 2953.)
§ 120.
Federal share payable
(a)
Interstate System Projects.—
(1)
In general.—
Except as otherwise provided in this chapter, the Federal share payable on account of any project on the Interstate System (including a project to add high occupancy vehicle lanes and a project to add auxiliary lanes but excluding a project to add any other lanes) shall be 90 percent of the total cost thereof, plus a percentage of the remaining 10 percent of such cost in any State containing unappropriated and unreserved public lands and nontaxable Indian lands, individual and tribal, exceeding 5 percent of the total area of all lands therein, equal to the percentage that the area of such lands in such State is of its total area; except that such Federal share payable on any project in any State shall not exceed 95 percent of the total cost of such project.
(2)
State-determined lower federal share.—
In the case of any project subject to paragraph (1), a State may determine a lower Federal share than the Federal share determined under such paragraph.
(b)
Other Projects.—
Except as otherwise provided in this title, the Federal share payable on account of any project or activity carried out under this title (other than a project subject to subsection (a)) shall be—
(1) 80 percent of the cost thereof, except that in the case of any State containing nontaxable Indian lands, individual and tribal, and public domain lands (both reserved and unreserved) exclusive of national forests and national parks and monuments, exceeding 5 percent of the total area of all lands therein, the Federal share, for purposes of this chapter, shall be increased by a percentage of the remaining cost equal to the percentage that the area of all such lands in such State, is of its total area; or
(2) 80 percent of the cost thereof, except that in the case of any State containing nontaxable Indian lands, individual and tribal, public domain lands (both reserved and unreserved), national forests, and national parks and monuments, the Federal share, for purposes of this chapter, shall be increased by a percentage of the remaining cost equal to the percentage that the area of all such lands in such State is of its total area;
except that the Federal share payable on any project in a State shall not exceed 95 percent of the total cost of any such project. In any case where a State elects to have the Federal share provided in paragraph (2) of this subsection, the State must enter into an agreement with the Secretary covering a period of not less than 1 year, requiring such State to use solely for purposes eligible for assistance under this title (other than paying its share of projects approved under this title) during the period covered by such agreement the difference between the State’s share as provided in paragraph (2) and what its share would be if it elected to pay the share provided in paragraph (1) for all projects subject to such agreement. In the case of any project subject to this subsection, a State may determine a lower Federal share than the Federal share determined under the preceding sentences of this subsection.
(c)
Increased Federal Share.—
(1)
Certain safety projects.—
The Federal share payable on account of any project for traffic control signalization, maintaining minimum levels of retroreflectivity of highway signs or pavement markings, traffic circles (also known as “roundabouts”), safety rest areas, pavement marking, shoulder and centerline rumble strips and stripes, commuter carpooling and vanpooling, rail-highway crossing closure, or installation of traffic signs, traffic lights, guardrails, impact attenuators, concrete barrier endtreatments, breakaway utility poles, or priority control systems for emergency vehicles or transit vehicles at signalized intersections may amount to 100 percent of the cost of construction of such projects; except that not more than 10 percent of all sums apportioned for all the Federal-aid programs for any fiscal year in accordance with section 104 of this title shall be used under this subsection. In this subsection, the term “safety rest area” means an area where motor vehicle operators can park their vehicles and rest, where food, fuel, and lodging services are not available, and that is located on a segment of highway with respect to which the Secretary determines there is a shortage of public and private areas at which motor vehicle operators can park their vehicles and rest.
(2)
CMAQ projects.—
The Federal share payable on account of a project or program carried out under section 149 with funds obligated in fiscal year 2008 or 2009, or both, shall be not less than 80 percent and, at the discretion of the State, may be up to 100 percent of the cost thereof.
(3)
Innovative project delivery.—
(A)
In general.—
Except as provided in subparagraph (C), the Federal share payable on account of a project, program, or activity carried out with funds apportioned under paragraph (1), (2), (5)(D), or (6) of section 104(b) may, at the discretion of the State, be up to 100 percent for any such project, program, or activity that the Secretary determines—
(i) contains innovative project delivery methods that improve work zone safety for motorists or workers and the quality of the facility;
(ii) contains innovative technologies, engineering or design approaches, manufacturing processes, financing, or contracting or project delivery methods that improve the quality of, extend the service life of, or decrease the long-term costs of maintaining highways and bridges;
(iii) accelerates project delivery while complying with other applicable Federal laws (including regulations) and not causing any significant adverse environmental impact; or
(iv) reduces congestion related to highway construction.
(B)
Examples.—
Projects, programs, and activities described in subparagraph (A) may include the use of—
(i) prefabricated bridge elements and systems and other technologies to reduce bridge construction time;
(ii) innovative construction equipment, materials, or techniques, including the use of in-place recycling technology and digital 3-dimensional modeling technologies;
(iii) innovative contracting methods, including the design-build and the construction manager-general contractor contracting methods and alternative bidding;
(iv) intelligent compaction equipment;
(v) innovative pavement materials that have a demonstrated life cycle of 75 or more years, are manufactured with reduced greenhouse gas emissions, and reduce construction-related congestion by rapidly curing; or
(vi) contractual provisions that offer a contractor an incentive payment for early completion of the project, program, or activity, subject to the condition that the incentives are accounted for in the financial plan of the project, when applicable.
(C)
Limitations.—
(i)
In general.—
In each fiscal year, a State may use the authority under subparagraph (A) for up to 10 percent of the combined apportionments of the State under paragraphs (1), (2), (5)(D), and (6) of section 104(b).
(ii)
Federal share increase.—
The Federal share payable on account of a project, program, or activity described in subparagraph (A) may be increased by up to 5 percent of the total project cost.
(d) The Secretary may rely on a statement from the Secretary of the Interior as to the area of the lands referred to in subsections (a) and (b) of this section. The Secretary of the Interior is authorized and directed to provide such statement annually.
(e)
Emergency Relief.—
The Federal share payable for any repair or reconstruction provided for by funds made available under section 125 for any project on a Federal-aid highway, including the Interstate System, shall not exceed the Federal share payable on a project on the system as provided in subsections (a) and (b), except that—
(1) the Federal share payable for eligible emergency repairs to minimize damage, protect facilities, or restore essential traffic accomplished within 180 days after the actual occurrence of the natural disaster or catastrophic failure may amount to 100 percent of the cost of the repairs;
(2) the Federal share payable for any repair or reconstruction of Federal land transportation facilities, other Federally owned roads that are open to public travel, and tribal transportation facilities may amount to 100 percent of the cost of the repair or reconstruction;
(3) the Secretary shall extend the time period in paragraph (1) taking into consideration any delay in the ability of the State to access damaged facilities to evaluate damage and the cost of repair; and
(4) the Federal share payable for eligible permanent repairs to restore damaged facilities to predisaster condition may amount to 90 percent of the cost of the repairs if the eligible expenses incurred by the State due to natural disasters or catastrophic failures in a Federal fiscal year exceeds the annual apportionment of the State under section 104 for the fiscal year in which the disasters or failures occurred.
(f) The Secretary is authorized to cooperate with the State transportation departments and with the Department of the Interior in the construction of Federal-aid highways within Indian reservations and national parks and monuments under the jurisdiction of the Department of the Interior and to pay the amount assumed therefor from the funds apportioned in accordance with section 104 of this title to the State wherein the reservations and national parks and monuments are located.
(g) Notwithstanding any other provision of this section or of this title, the Federal share payable on account of any project under this title in the Virgin Islands, Guam, American Samoa, or the Commonwealth of the Northern Mariana Islands shall be 100 per centum of the total cost of the project.
(h)
Increased Non-Federal Share.—
Notwithstanding any other provision of this title and subject to such criteria as the Secretary may establish, a State may contribute an amount in excess of the non-Federal share of a project under this title so as to decrease the Federal share payable on such project.
(i)
Credit for Non-Federal Share.—
(1)
Eligibility.—
(A)
In general.—
A State may use as a credit toward the non-Federal share requirement for any funds made available to carry out this title (other than the emergency relief program authorized by section 125) or chapter 53 of title 49 toll revenues that are generated and used by public, quasi-public, and private agencies to build, improve, or maintain highways, bridges, or tunnels that serve the public purpose of interstate commerce.
(B)
Special rule for use of federal funds.—
If the public, quasi-public, or private agency has built, improved, or maintained the facility using Federal funds, the credit under this paragraph shall be reduced by a percentage equal to the percentage of the total cost of building, improving, or maintaining the facility that was derived from Federal funds.
(C)
Federal funds defined.—
In this paragraph, the term “Federal funds” does not include loans of Federal funds or other financial assistance that must be repaid to the Government.
(2)
Maintenance of effort.—
(A)
In general.—
The credit for any non-Federal share provided under this subsection shall not reduce nor replace State funds required to match Federal funds for any program under this title.
(B)
Condition on receipt of credit.—
To receive a credit under paragraph (1) for a fiscal year, a State shall enter into such agreement as the Secretary may require to ensure that the State will maintain its non-Federal transportation capital expenditures in such fiscal year at or above the average level of such expenditures for the preceding 3 fiscal years; except that if, for any 1 of the preceding 3 fiscal years, the non-Federal transportation capital expenditures of the State were at a level that was greater than 130 percent of the average level of such expenditures for the other 2 of the preceding 3 fiscal years, the agreement shall ensure that the State will maintain its non-Federal transportation capital expenditures in the fiscal year of the credit at or above the average level of such expenditures for the other 2 fiscal years.
(C)
Transportation capital expenditures defined.—
In subparagraph (B), the term “non-Federal transportation capital expenditures” includes any payments made by the State for issuance of transportation-related bonds.
(3)
Treatment.—
(A)
Limitation on liability.—
Use of a credit for a non-Federal share under this subsection that is received from a public, quasi-public, or private agency—
(i) shall not expose the agency to additional liability, additional regulation, or additional administrative oversight; and
(ii) shall not subject the agency to any additional Federal design standards or laws (including regulations) as a result of providing the non-Federal share other than those to which the agency is already subject.
(B)
Chartered multistate agencies.—
When a credit that is received from a chartered multistate agency is applied to a non-Federal share under this subsection, such credit shall be applied equally to all charter States.
(j)
Use of Federal Agency Funds.—
Notwithstanding any other provision of law, any Federal funds other than those made available under this title and title 49 may be used to pay the non-Federal share of the cost of any transportation project that is within, adjacent to, or provides access to Federal land, the Federal share of which is funded under this title or chapter 53 of title 49.
(k)
Use of Federal Land and Tribal Transportation Funds.—
Notwithstanding any other provision of law, the funds authorized to be appropriated to carry out the tribal transportation program under section 202 and the Federal lands transportation program under section 203 may be used to pay the non-Federal share of the cost of any project that is funded under this title or chapter 53 of title 49 and that provides access to or within Federal or tribal land.
(Pub. L. 85–767, Aug. 27, 1958, 72 Stat. 898; Pub. L. 86–70, § 21(d)(4), (e)(4), June 25, 1959, 73 Stat. 145, 146; Pub. L. 86–342, title I, § 107(b), Sept. 21, 1959, 73 Stat. 613; Pub. L. 86–657, § 3, July 14, 1960, 74 Stat. 522; Pub. L. 88–658, Oct. 13, 1964, 78 Stat. 1090; Pub. L. 89–574, § 9(a), Sept. 13, 1966, 80 Stat. 769; Pub. L. 90–495, §§ 27(b), 34, Aug. 23, 1968, 82 Stat. 829, 835; Pub. L. 91–605, title I, §§ 106(f), 108(a), 109(b), 128, Dec. 31, 1970, 84 Stat. 1718, 1719, 1731; Pub. L. 95–599, title I, §§ 117, 129(a)–(c), (i), Nov. 6, 1978, 92 Stat. 2699, 2707, 2708; Pub. L. 97–424, title I, §§ 109(b), 117, 123(a), 153(f), 156(c), Jan. 6, 1983, 96 Stat. 2105, 2109, 2113, 2133, 2134; Pub. L. 98–78, title III, § 318, Aug. 15, 1983, 97 Stat. 473; Pub. L. 100–17, title I, § 117(a)–(c)(1), (d), (e), Apr. 2, 1987, 101 Stat. 155, 156; Pub. L. 102–240, title I, §§ 1021(a), (b), 1022(a), Dec. 18, 1991, 105 Stat. 1950, 1951; Pub. L. 104–59, title III, § 310(a), Nov. 28, 1995, 109 Stat. 582; Pub. L. 104–205, title III, § 353(a), Sept. 30, 1996, 110 Stat. 2980; Pub. L. 105–178, title I, §§ 1111(a)–(c), 1113(a), (c), formerly (d), 1115(a), (f)(1), 1212(a)(2)(A)(ii), June 9, 1998, 112 Stat. 145, 151, 152, 154, 193; Pub. L. 105–206, title IX, §§ 9002(i), 9006(a)(2), July 22, 1998, 112 Stat. 836, 848; Pub. L. 109–59, title I, §§ 1111(b)(2), 1116(c), 1119(a), 1905, 1947, Aug. 10, 2005, 119 Stat. 1171, 1177, 1181, 1467, 1513; Pub. L. 110–140, title XI, § 1131, Dec. 19, 2007, 121 Stat. 1763; Pub. L. 112–141, div. A, title I, §§ 1304(b), 1508, July 6, 2012, 126 Stat. 532, 565; Pub. L. 114–94, div. A, title I, §§ 1104(e)(2), 1408, Dec. 4, 2015, 129 Stat. 1332, 1410.)
§ 121.
Payment to States for construction
(a)
In General.—
The Secretary, from time to time as the work progresses, may make payments to a State for costs of construction incurred by the State on a project (including payments made pursuant to a long-term concession agreement, such as availability payments). Such payments may also be made for the value of the materials—
(1) that have been stockpiled in the vicinity of the construction in conformity to plans and specifications for the projects; and
(2) that are not in the vicinity of the construction if the Secretary determines that because of required fabrication at an off-site location the material cannot be stockpiled in such vicinity.
(b)
Project Agreement.—
No payment shall be made under this chapter except for a project covered by a project agreement. After completion of the project in accordance with the project agreement, a State shall be entitled to payment out of the appropriate sums apportioned or allocated to the State of the unpaid balance of the Federal share payable for such project.
(c) Such payments shall be made to such official or officials or depository as may be designated by the State transportation department and authorized under the laws of the State to receive public funds of the State.
(Pub. L. 85–767, Aug. 27, 1958, 72 Stat. 899; Pub. L. 88–157, § 7(b), Oct. 24, 1963, 77 Stat. 278; Pub. L. 93–87, title I, § 117, Aug. 13, 1973, 87 Stat. 259; Pub. L. 94–280, title I, § 118(a), May 5, 1976, 90 Stat. 437; Pub. L. 100–17, title I, § 133(b)(6), Apr. 2, 1987, 101 Stat. 171; Pub. L. 102–240, title I, § 1018(b), Dec. 18, 1991, 105 Stat. 1948; Pub. L. 105–178, title I, §§ 1212(a)(2)(A)(i), 1302, June 9, 1998, 112 Stat. 193, 226; Pub. L. 114–94, div. A, title II, § 2002(a), Dec. 4, 2015, 129 Stat. 1446.)
§ 122.
Payments to States for bond and other debt instrument financing
(a)
Definition of Eligible Debt Financing Instrument.—
In this section, the term “eligible debt financing instrument” means a bond or other debt financing instrument, including a note, certificate, mortgage, or lease agreement, issued by a State or political subdivision of a State or a public authority, the proceeds of which are used for an eligible project under this title.
(b)
Federal Reimbursement.—
Subject to subsections (c) and (d), the Secretary may reimburse a State for expenses and costs incurred by the State or a political subdivision of the State and reimburse a public authority for expenses and costs incurred by the public authority for—
(1) interest payments under an eligible debt financing instrument;
(2) the retirement of principal of an eligible debt financing instrument;
(3) the cost of the issuance of an eligible debt financing instrument;
(4) the cost of insurance for an eligible debt financing instrument; and
(5) any other cost incidental to the sale of an eligible debt financing instrument (as determined by the Secretary).
(c)
Conditions on Payment.—
The Secretary may reimburse a State or public authority under subsection (b) with respect to a project funded by an eligible debt financing instrument after the State or public authority has complied with this title with respect to the project to the extent and in the manner that would be required if payment were to be made under section 121.
(d)
Federal Share.—
The Federal share of the cost of a project payable under this section shall not exceed the Federal share of the cost of the project as determined under section 120.
(e)
Statutory Construction.—
Notwithstanding any other provision of law, the eligibility of an eligible debt financing instrument for reimbursement under subsection (b) shall not—
(1) constitute a commitment, guarantee, or obligation on the part of the United States to provide for payment of principal or interest on the eligible debt financing instrument; or
(2) create any right of a third party against the United States for payment under the eligible debt financing instrument.
(Pub. L. 85–767, Aug. 27, 1958, 72 Stat. 900; Pub. L. 95–599, title I, § 115(b), Nov. 6, 1978, 92 Stat. 2698; Pub. L. 97–424, title I, § 107(f), Jan. 6, 1983, 96 Stat. 2103; Pub. L. 100–17, title I, § 133(b)(7), Apr. 2, 1987, 101 Stat. 171; Pub. L. 104–59, title III, § 311(a), Nov. 28, 1995, 109 Stat. 583.)
§ 123.
Relocation of utility facilities
(a) When a State shall pay for the cost of relocation of utility facilities necessitated by the construction of a project on any Federal-aid highway, Federal funds may be used to reimburse the State for such cost in the same proportion as Federal funds are expended on the project. Federal funds shall not be used to reimburse the State under this section when the payment to the utility violates the law of the State or violates a legal contract between the utility and the State. Such reimbursement shall be made only after evidence satisfactory to the Secretary shall have been presented to him substantiating the fact that the State has paid such cost from its own funds with respect to Federal-aid highway projects for which Federal funds are obligated subsequent to April 16, 1958, for work, including relocation of utility facilities.
(b) The term “utility”, for the purposes of this section, shall include publicly, privately, and cooperatively owned utilities.
(c) The term “cost of relocation”, for the purposes of this section, shall include the entire amount paid by such utility properly attributable to such relocation after deducting therefrom any increase in the value of the new facility and any salvage value derived from the old facility.
(Pub. L. 85–767, Aug. 27, 1958, 72 Stat. 900; Pub. L. 100–17, title I, § 133(b)(8), Apr. 2, 1987, 101 Stat. 171; Pub. L. 112–141, div. A, title I, § 1104(c)(3), July 6, 2012, 126 Stat. 427.)
[§ 124.
Repealed. Pub. L. 112–141, div. A, title I, § 1519(b)(1)(A), July 6, 2012, 126 Stat. 575]
§ 125.
Emergency relief
(a)
In General.—
Subject to this section and section 120, an emergency fund is authorized for expenditure by the Secretary for the repair or reconstruction of highways, roads, and trails, in any area of the United States, including Indian reservations, that the Secretary finds have suffered serious damage as a result of—
(1) a natural disaster over a wide area, such as by a flood, hurricane, tidal wave, earthquake, severe storm, or landslide; or
(2) catastrophic failure from any external cause.
(b)
Restriction on Eligibility.—
(1)
Definition of construction phase.—
In this subsection, the term “construction phase” means the phase of physical construction of a highway or bridge facility that is separate from any other identified phases, such as planning, design, or right-of-way phases, in the State transportation improvement program.
(2)
Restriction.—
In no case shall funds be used under this section for the repair or reconstruction of a bridge—
(A) that has been permanently closed to all vehicular traffic by the State or responsible local official because of imminent danger of collapse due to a structural deficiency or physical deterioration; or
(B) if a construction phase of a replacement structure is included in the approved Statewide transportation improvement program at the time of an event described in subsection (a).
(c)
Funding.—
(1)
In general.—
Subject to the limitations described in paragraph (2), there are authorized to be appropriated from the Highway Trust Fund (other than the Mass Transit Account) such sums as are necessary to establish the fund authorized by this section and to replenish that fund on an annual basis.
(2)
Limitations.—
The limitations referred to in paragraph (1) are that—
(A)
not more than $100,000,000 is authorized to be obligated in any 1 fiscal year commencing after September 30, 1980, to carry out this section, except that, if for any fiscal year the total of all obligations under this section is less than the amount authorized to be obligated for the fiscal year, the unobligated balance of that amount shall—
(i) remain available until expended; and
(ii) be in addition to amounts otherwise available to carry out this section for each year; and
(B)
(i) pending such appropriation or replenishment, the Secretary may obligate from any funds appropriated at any time for obligation in accordance with this title, including existing Federal-aid appropriations, such sums as are necessary for the immediate prosecution of the work herein authorized; and
(ii) funds obligated under this subparagraph shall be reimbursed from the appropriation or replenishment.
(d)
Eligibility.—
(1)
In general.—
The Secretary may expend funds from the emergency fund authorized by this section only for the repair or reconstruction of highways on Federal-aid highways in accordance with this chapter, except that—
(A) no funds shall be so expended unless an emergency has been declared by the Governor of the State with concurrence by the Secretary, unless the President has declared the emergency to be a major disaster for the purposes of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.) for which concurrence of the Secretary is not required; and
(B) the Secretary has received an application from the State transportation department that includes a comprehensive list of all eligible project sites and repair costs by not later than 2 years after the natural disaster or catastrophic failure.
(2)
Cost limitation.—
(A)
Definition of comparable facility.—
In this paragraph, the term “comparable facility” means a facility that meets the current geometric and construction standards required for the types and volume of traffic that the facility will carry over its design life.
(B)
Limitation.—
The total cost of a project funded under this section may not exceed the cost of repair or reconstruction of a comparable facility.
(3)
Debris removal.—
The costs of debris removal shall be an eligible expense under this section only for—
(A) an event not declared a major disaster or emergency by the President under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.);
(B) an event declared a major disaster or emergency by the President under that Act if the debris removal is not eligible for assistance under section 403, 407, or 502 of that Act (42 U.S.C. 5170b, 5173, 5192); or
(C) projects eligible for assistance under this section located on tribal transportation facilities, Federal lands transportation facilities, or other federally owned roads that are open to public travel (as defined in subsection (e)(1)).
[(4) Repealed. Pub. L. 116–94, div. H, title I, § 127, Dec. 20, 2019, 133 Stat. 2953.]
(5)
Substitute traffic.—
Notwithstanding any other provision of this section, actual and necessary costs of maintenance and operation of ferryboats or additional transit service providing temporary substitute highway traffic service, less the amount of fares charged for comparable service, may be expended from the emergency fund authorized by this section for Federal-aid highways.
(e)
Tribal Transportation Facilities, Federal Lands Transportation Facilities, and Public Roads on Federal Lands.—
(1)
Definitions.—
In this subsection, the following definitions apply:
(A)
Open to public travel.—
The term “open to public travel” means, with respect to a road, that, except during scheduled periods, extreme weather conditions, or emergencies, the road—
(i) is maintained;
(ii) is open to the general public; and
(iii) can accommodate travel by a standard passenger vehicle, without restrictive gates or prohibitive signs or regulations, other than for general traffic control or restrictions based on size, weight, or class of registration.
(B)
Standard passenger vehicle.—
The term “standard passenger vehicle” means a vehicle with 6 inches of clearance from the lowest point of the frame, body, suspension, or differential to the ground.
(2)
Expenditure of funds.—
Notwithstanding subsection (d)(1), the Secretary may expend funds from the emergency fund authorized by this section, independently or in cooperation with any other branch of the Federal Government, a State agency, a tribal government, an organization, or a person, for the repair or reconstruction of tribal transportation facilities, Federal lands transportation facilities, and other federally owned roads that are open to public travel, whether or not those facilities are Federal-aid highways.
(3)
Reimbursement.—
(A)
In general.—
The Secretary may reimburse Federal and State agencies (including political subdivisions) for expenditures made for projects determined eligible under this section, including expenditures for emergency repairs made before a determination of eligibility.
(B)
Transfers.—
With respect to reimbursements described in subparagraph (A)—
(i) those reimbursements to Federal agencies and Indian tribal governments shall be transferred to the account from which the expenditure was made, or to a similar account that remains available for obligation; and
(ii) the budget authority associated with the expenditure shall be restored to the agency from which the authority was derived and shall be available for obligation until the end of the fiscal year following the year in which the transfer occurs.
(f)
Treatment of Territories.—
For purposes of this section, the Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands shall be considered to be States and parts of the United States, and the chief executive officer of each such territory shall be considered to be a Governor of a State.
(g)
Protecting Public Safety and Maintaining Roadways.—
The Secretary may use not more than 5 percent of amounts from the emergency fund authorized by this section to carry out projects that the Secretary determines are necessary to protect the public safety or to maintain or protect roadways that are included within the scope of an emergency declaration by the Governor of the State or by the President, in accordance with this section, and the Governor deems to be an ongoing concern in order to maintain vehicular traffic on the roadway.
(Pub. L. 85–767, Aug. 27, 1958, 72 Stat. 901; Pub. L. 86–342, title I, § 107(a), Sept. 21, 1959, 73 Stat. 612; Pub. L. 89–574, § 9(b), (c), Sept. 13, 1966, 80 Stat. 769; Pub. L. 90–495, § 27(a), Aug. 23, 1968, 82 Stat. 829; Pub. L. 91–605, title I, § 109(a), Dec. 31, 1970, 84 Stat. 1718; Pub. L. 92–361, Aug. 3, 1972, 86 Stat. 503; Pub. L. 94–280, title I, § 119, May 5, 1976, 90 Stat. 437; Pub. L. 95–599, title I, § 119, Nov. 6, 1978, 92 Stat. 2700; Pub. L. 96–106, § 19, Nov. 9, 1979, 93 Stat. 799; Pub. L. 97–424, title I, § 153(a), (c), (d), (h), Jan. 6, 1983, 96 Stat. 2132, 2133; Pub. L. 99–190, § 101(e) [title III, § 334], Dec. 19, 1985, 99 Stat. 1267, 1290; Pub. L. 99–272, title IV, § 4103, Apr. 7, 1986, 100 Stat. 114; Pub. L. 100–17, title I, §§ 118(a)(1), (b)(1), (2), 133(b)(9), Apr. 2, 1987, 101 Stat. 156, 171; Pub. L. 100–707, § 109(k), Nov. 23, 1988, 102 Stat. 4709; Pub. L. 102–240, title I, § 1022(b), Dec. 18, 1991, 105 Stat. 1951; Pub. L. 102–302, § 101, June 22, 1992, 106 Stat. 252; Pub. L. 105–178, title I, §§ 1113(b), 1212(a)(2)(A)(i), June 9, 1998, 112 Stat. 151, 193; Pub. L. 112–141, div. A, title I, § 1107, July 6, 2012, 126 Stat. 437; Pub. L. 114–94, div. A, title I, § 1107, Dec. 4, 2015, 129 Stat. 1337; Pub. L. 116–94, div. H, title I, § 127, Dec. 20, 2019, 133 Stat. 2953.)
§ 126.
Transferability of Federal-aid highway funds
(a)
In General.—
Notwithstanding any other provision of law, subject to subsection (b), a State may transfer from an apportionment under section 104(b) not to exceed 50 percent of the amount apportioned for the fiscal year to any other apportionment of the State under that section.
(b)
Application to Certain Set-asides.—
(1)
In general.—
Funds that are subject to sections 104(d) and 133(d)(1)(A) shall not be transferred under this section.
(2)
Funds transferred by states.—
Funds transferred by a State under this section of the funding reserved for the State under section 133(h) for a fiscal year may only come from the portion of those funds that are available for obligation in any area of the State under section 133(h).
(Added Pub. L. 105–178, title I, § 1310(a), June 9, 1998, 112 Stat. 234, § 110; renumbered § 126, Pub. L. 106–159, title I, § 102(a)(1), Dec. 9, 1999, 113 Stat. 1752; amended Pub. L. 109–59, title I, § 1401(a)(3)(B), Aug. 10, 2005, 119 Stat. 1225; Pub. L. 112–141, div. A, title I, § 1509(a), July 6, 2012, 126 Stat. 567; Pub. L. 114–94, div. A, title I, §§ 1109(c)(1), 1446(a)(2), Dec. 4, 2015, 129 Stat. 1343, 1437.)
§ 127.
Vehicle weight limitations—Interstate System
(a)
In General.—
(1) The Secretary shall withhold 50 percent of the apportionment of a State under section 104(b)(1) in any fiscal year in which the State does not permit the use of The Dwight D. Eisenhower System of Interstate and Defense Highways within its boundaries by vehicles with a weight of twenty thousand pounds carried on any one axle, including enforcement tolerances, or with a tandem axle weight of thirty-four thousand pounds, including enforcement tolerances, or a gross weight of at least eighty thousand pounds for vehicle combinations of five axles or more.
(2) However, the maximum gross weight to be allowed by any State for vehicles using The Dwight D. Eisenhower System of Interstate and Defense Highways shall be twenty thousand pounds carried on one axle, including enforcement tolerances, and a tandem axle weight of thirty-four thousand pounds, including enforcement tolerances and with an overall maximum gross weight, including enforcement tolerances, on a group of two or more consecutive axles produced by application of the following formula:
LN
W=500 AXXXXX+12N+36B
N−1
where W equals overall gross weight on any group of two or more consecutive axles to the nearest five hundred pounds, L equals distance in feet between the extreme of any group of two or more consecutive axles, and N equals number of axles in group under consideration, except that two consecutive sets of tandem axles may carry a gross load of thirty-four thousand pounds each providing the overall distance between the first and last axles of such consecutive sets of tandem axles (1) is thirty-six feet or more, or (2) in the case of a motor vehicle hauling any tank trailer, dump trailer, or ocean transport container before September 1, 1989, is 30 feet or more: Provided, That such overall gross weight may not exceed eighty thousand pounds, including all enforcement tolerances, except for vehicles using Interstate Route 29 between Sioux City, Iowa, and the border between Iowa and South Dakota or vehicles using Interstate Route 129 between Sioux City, Iowa, and the border between Iowa and Nebraska, and except for those vehicles and loads which cannot be easily dismantled or divided and which have been issued special permits in accordance with applicable State laws, or the corresponding maximum weights permitted for vehicles using the public highways of such State under laws or regulations established by appropriate State authority in effect on July 1, 1956, except in the case of the overall gross weight of any group of two or more consecutive axles on any vehicle (other than a vehicle comprised of a motor vehicle hauling any tank trailer, dump trailer, or ocean transport container on or after September 1, 1989), on the date of enactment of the Federal-Aid Highway Amendments of 1974, whichever is the greater.
(3) Any amount which is withheld from apportionment to any State pursuant to the foregoing provisions shall lapse if not released and obligated within the availability period specified in section 118(b).
(4) This section shall not be construed to deny apportionment to any State allowing the operation within such State of any vehicles or combinations thereof, other than vehicles or combinations subject to subsection (d) of this section, which the State determines could be lawfully operated within such State on July 1, 1956, except in the case of the overall gross weight of any group of two or more consecutive axles, on the date of enactment of the Federal-Aid Highway Amendments of 1974.
(5) With respect to the State of Hawaii, laws or regulations in effect on February 1, 1960, shall be applicable for the purposes of this section in lieu of those in effect on July 1, 1956.
(6) With respect to the State of Colorado, vehicles designed to carry 2 or more precast concrete panels shall be considered a nondivisible load.
(7) With respect to the State of Michigan, laws or regulations in effect on May 1, 1982, shall be applicable for the purposes of this subsection.
(8) With respect to the State of Maryland, laws and regulations in effect on June 1, 1993, shall be applicable for the purposes of this subsection.
(9) The State of Louisiana may allow, by special permit, the operation of vehicles with a gross vehicle weight of up to 100,000 pounds for the hauling of sugarcane during the harvest season, not to exceed 100 days annually.
(10)
With respect to Interstate Routes 89, 93, and 95 in the State of New Hampshire—
(A) State laws (including regulations) concerning vehicle weight limitations that were in effect on January 1, 1987, and are applicable to State highways other than the Interstate System, shall be applicable in lieu of the requirements of this subsection; and
(B) effective June 30, 2016, a combination of truck-tractor and dump trailer equipped with 6 axles or more with a gross weight of up to 99,000 pounds shall be permitted if the distances between the extreme axles, excluding the steering axle, is 28 feet or more.
(11)
(A) With respect to all portions of the Interstate Highway System in the State of Maine, laws (including regulations) of that State concerning vehicle weight limitations applicable to other State highways shall be applicable in lieu of the requirements under this subsection.
(B) With respect to all portions of the Interstate Highway System in the State of Vermont, laws (including regulations) of that State concerning vehicle weight limitations applicable to other State highways shall be applicable in lieu of the requirements under this subsection.
(12)
Heavy duty vehicles.—
(A)
In general.—
(B)
Maximum weight increase.—
The weight increase under subparagraph (A) shall be not greater than 550 pounds.
(C)
Proof.—
On request by a regulatory agency or law enforcement agency, the vehicle operator shall provide proof (through demonstration or certification) that—
(i) the idle reduction technology is fully functional at all times; and
(ii) the 550-pound gross weight increase is not used for any purpose other than the use of idle reduction technology described in subparagraph (A).
(13)
Milk products.—
A vehicle carrying fluid milk products shall be considered a load that cannot be easily dismantled or divided.
(b)
Reasonable Access.—
No State may enact or enforce any law denying reasonable access to motor vehicles subject to this title to and from the Interstate Highway System to terminals and facilities for food, fuel, repairs, and rest.
(c)
Ocean Transport Container Defined.—
For purposes of this section, the term “ocean transport container” has the meaning given the term “freight container” by the International Standards Organization in Series 1, Freight Containers, 3rd Edition (reference number IS0668–1979(E)) as in effect on the date of the enactment of this subsection.
(d)
Longer Combination Vehicles.—
(1)
Prohibition.—
(A)
General continuation rule.—
A longer combination vehicle may continue to operate only if the longer combination vehicle configuration type was authorized by State officials pursuant to State statute or regulation conforming to this section and in actual lawful operation on a regular or periodic basis (including seasonal operations) on or before June 1, 1991, or pursuant to section 335 of the Department of Transportation and Related Agencies Appropriations Act, 1991 (104 Stat. 2186).
(B)
Applicability of state laws and regulations.—
All such operations shall continue to be subject to, at the minimum, all State statutes, regulations, limitations and conditions, including, but not limited to, routing-specific and configuration-specific designations and all other restrictions, in force on June 1, 1991; except that subject to such regulations as may be issued by the Secretary pursuant to paragraph (5) of this subsection, the State may make minor adjustments of a temporary and emergency nature to route designations and vehicle operating restrictions in effect on June 1, 1991, for specific safety purposes and road construction.
(C)
Wyoming.—
In addition to those vehicles allowed under subparagraph (A), the State of Wyoming may allow the operation of additional vehicle configurations not in actual operation on June 1, 1991, but authorized by State law not later than November 3, 1992, if such vehicle configurations comply with the single axle, tandem axle, and bridge formula limits set forth in subsection (a) and do not exceed 117,000 pounds gross vehicle weight.
(D)
Ohio.—
In addition to vehicles which the State of Ohio may continue to allow to be operated under subparagraph (A), such State may allow longer combination vehicles with 3 cargo carrying units of 28½ feet each (not including the truck tractor) not in actual operation on June 1, 1991, to be operated within its boundaries on the 1-mile segment of Ohio State Route 7 which begins at and is south of exit 16 of the Ohio Turnpike.
(E)
Alaska.—
In addition to vehicles which the State of Alaska may continue to allow to be operated under subparagraph (A), such State may allow the operation of longer combination vehicles which were not in actual operation on June 1, 1991, but which were in actual operation prior to July 5, 1991.
(F)
Iowa.—
In addition to vehicles that the State of Iowa may continue to allow to be operated under subparagraph (A), the State may allow longer combination vehicles that were not in actual operation on June 1, 1991, to be operated on Interstate Route 29 between Sioux City, Iowa, and the border between Iowa and South Dakota or Interstate Route 129 between Sioux City, Iowa, and the border between Iowa and Nebraska.
(2)
Additional state restrictions.—
(A)
In general.—
Nothing in this subsection shall prevent any State from further restricting in any manner or prohibiting the operation of longer combination vehicles otherwise authorized under this subsection; except that such restrictions or prohibitions shall be consistent with the requirements of sections 31111–31114 of title 49.
(B)
Minor adjustments.—
Any State further restricting or prohibiting the operations of longer combination vehicles or making minor adjustments of a temporary and emergency nature as may be allowed pursuant to regulations issued by the Secretary pursuant to paragraph (5) of this subsection, shall, within 30 days, advise the Secretary of such action, and the Secretary shall publish a notice of such action in the Federal Register.
(3)
Publication of list.—
(A)
Submission to secretary.—
Within 60 days of the date of the enactment of this subsection, each State (i) shall submit to the Secretary for publication in the Federal Register a complete list of (I) all operations of longer combination vehicles being conducted as of June 1, 1991, pursuant to State statutes and regulations; (II) all limitations and conditions, including, but not limited to, routing-specific and configuration-specific designations and all other restrictions, governing the operation of longer combination vehicles otherwise prohibited under this subsection; and (III) such statutes, regulations, limitations, and conditions; and (ii) shall submit to the Secretary copies of such statutes, regulations, limitations, and conditions.
(B)
Interim list.—
Not later than 90 days after the date of the enactment of this subsection, the Secretary shall publish an interim list in the Federal Register, consisting of all information submitted pursuant to subparagraph (A). The Secretary shall review for accuracy all information submitted by the States pursuant to subparagraph (A) and shall solicit and consider public comment on the accuracy of all such information.
(C)
Limitation.—
No statute or regulation shall be included on the list submitted by a State or published by the Secretary merely on the grounds that it authorized, or could have authorized, by permit or otherwise, the operation of longer combination vehicles, not in actual operation on a regular or periodic basis on or before June 1, 1991.
(D)
Final list.—
Except as modified pursuant to paragraph (1)(C) of this subsection, the list shall be published as final in the Federal Register not later than 180 days after the date of the enactment of this subsection. In publishing the final list, the Secretary shall make any revisions necessary to correct inaccuracies identified under subparagraph (B). After publication of the final list, longer combination vehicles may not operate on the Interstate System except as provided in the list.
(E)
Review and correction procedure.—
The Secretary, on his or her own motion or upon a request by any person (including a State), shall review the list issued by the Secretary pursuant to subparagraph (D). If the Secretary determines there is cause to believe that a mistake was made in the accuracy of the final list, the Secretary shall commence a proceeding to determine whether the list published pursuant to subparagraph (D) should be corrected. If the Secretary determines that there is a mistake in the accuracy of the list the Secretary shall correct the publication under subparagraph (D) to reflect the determination of the Secretary.
(4)
Longer combination vehicle defined.—
For purposes of this section, the term “longer combination vehicle” means any combination of a truck tractor and 2 or more trailers or semitrailers which operates on the Interstate System at a gross vehicle weight greater than 80,000 pounds.
(5)
Regulations regarding minor adjustments.—
Not later than 180 days after the date of the enactment of this subsection, the Secretary shall issue regulations establishing criteria for the States to follow in making minor adjustments under paragraph (1)(B).
(e)
Operation of Certain Specialized Hauling Vehicles on Interstate Route 68.—
The single axle, tandem axle, and bridge formula limits set forth in subsection (a) shall not apply to the operation on Interstate Route 68 in Garrett and Allegany Counties, Maryland, of any specialized vehicle equipped with a steering axle and a tridem axle and used for hauling coal, logs, and pulpwood if such vehicle is of a type of vehicle as was operating in such counties on United States Route 40 or 48 for such purpose on August 1, 1991.
(f)
Operation of Certain Specialized Hauling Vehicles on Certain Wisconsin Highways.—
If the 104-mile portion of Wisconsin State Route 78 and United States Route 51 between Interstate Route 94 near Portage, Wisconsin, and Wisconsin State Route 29 south of Wausau, Wisconsin, is designated as part of the Interstate System under section 103(c)(4)(A), the single axle weight, tandem axle weight, gross vehicle weight, and bridge formula limits set forth in subsection (a) shall not apply to the 104-mile portion with respect to the operation of any vehicle that could legally operate on the 104-mile portion before the date of the enactment of this subsection.
(g)
Operation of Certain Specialized Hauling Vehicles on Certain Pennsylvania Highways.—
If the segment of United States Route 220 between Bedford and Bald Eagle, Pennsylvania, is designated as part of the Interstate System, the single axle weight, tandem axle weight, gross vehicle weight, and bridge formula limits set forth in subsection (a) shall not apply to that segment with respect to the operation of any vehicle which could have legally operated on that segment before the date of the enactment of this subsection.
(h)
Waiver for a Route in State of Maine During Periods of National Emergency.—
(1)
In general.—
Notwithstanding any other provision of this section, the Secretary, in consultation with the Secretary of Defense, may waive or limit the application of any vehicle weight limit established under this section with respect to the portion of Interstate Route 95 in the State of Maine between Augusta and Bangor for the purpose of making bulk shipments of jet fuel to the Air National Guard Base at Bangor International Airport during a period of national emergency in order to respond to the effects of the national emergency.
(2)
Applicability.—
Emergency limits established under paragraph (1) shall preempt any inconsistent State vehicle weight limits.
(i)
Special Permits During Periods of National Emergency.—
(1)
In general.—
Notwithstanding any other provision of this section, a State may issue special permits during an emergency to overweight vehicles and loads that can easily be dismantled or divided if—
(A) the President has declared the emergency to be a major disaster under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.);
(B) the permits are issued in accordance with State law; and
(C) the permits are issued exclusively to vehicles and loads that are delivering relief supplies.
(2)
Expiration.—
A permit issued under paragraph (1) shall expire not later than 120 days after the date of the declaration of emergency under subparagraph (A) of that paragraph.
(j)
Operation of Vehicles on Certain Other Wisconsin Highways.—
If any segment of the United States Route 41 corridor, as described in section 1105(c)(57) of the Intermodal Surface Transportation Efficiency Act of 1991, is designated as a route on the Interstate System, a vehicle that could operate legally on that segment before the date of such designation may continue to operate on that segment, without regard to any requirement under subsection (a).
(k)
Operation of Vehicles on Certain Mississippi Highways.—
If any segment of United States Route 78 in Mississippi from mile marker 0 to mile marker 113 is designated as part of the Interstate System, no limit established under this section may apply to that segment with respect to the operation of any vehicle that could have legally operated on that segment before such designation.
(l)
Operation of Vehicles on Certain Kentucky Highways.—
(1)
In general.—
If any segment of highway described in paragraph (2) is designated as a route on the Interstate System, a vehicle that could operate legally on that segment before the date of such designation may continue to operate on that segment, without regard to any requirement under subsection (a).
(2)
Description of highway segments.—
The highway segments referred to in paragraph (1) are as follows:
(A) Interstate Route 69 in Kentucky (formerly the Wendell H. Ford (Western Kentucky) Parkway) from the Interstate Route 24 Interchange, near Eddyville, to the Edward T. Breathitt (Pennyrile) Parkway Interchange.
(B) The Edward T. Breathitt (Pennyrile) Parkway (to be designated as Interstate Route 69) in Kentucky from the Wendell H. Ford (Western Kentucky) Parkway Interchange to near milepost 77, and on new alignment to an interchange on the Audubon Parkway, if the segment is designated as part of the Interstate System.
(3)
Additional highway segments.—
(A)
In general.—
If any segment of highway described in clauses (i) through (iv) of this subparagraph is designated as a route of the Interstate System, a vehicle that could operate legally on that segment before the date of such designation may continue to operate on that segment, without regard to any requirement under subsection (a), except that such vehicle shall not exceed a gross vehicle weight of 120,000 pounds. The highway segments referred to in this paragraph are as follows:
(i) The William H. Natcher Parkway (to be designated as a spur of Interstate Route 65) from Interstate Route 65 in Bowling Green, Kentucky, to United States Route 60 in Owensboro, Kentucky.
(ii) The Julian M. Carroll (Purchase) Parkway (to be designated as Interstate Route 69) in Kentucky from the Tennessee state line to the interchange with Interstate Route 24, near Calvert City.
(iii) The Wendell H. Ford (Western Kentucky) Parkway (to be designated as a spur of Interstate Route 69) from the interchange with the William H. Natcher Parkway in Ohio County, Kentucky, west to the interchange of the Western Kentucky Parkway with the Edward T. Breathitt (Pennyrile) Parkway.
(iv) The Edward T. Breathitt (Pennyrile) Parkway (to be designated as a spur of Interstate Route 69) from Interstate 24, north to Interstate 69.
(B)
Nondivisible load or vehicle.—
Nothing in this paragraph shall prohibit the State from issuing a permit for a nondivisible load or vehicle with a gross vehicle weight that exceeds 120,000 pounds.
(m)
Covered Heavy-duty Tow and Recovery Vehicles.—
(1)
In general.—
The vehicle weight limitations set forth in this section do not apply to a covered heavy-duty tow and recovery vehicle.
(2)
Covered heavy-duty tow and recovery vehicle defined.—
In this subsection, the term “covered heavy-duty tow and recovery vehicle” means a vehicle that—
(A) is transporting a disabled vehicle from the place where the vehicle became disabled to the nearest appropriate repair facility; and
(B) has a gross vehicle weight that is equal to or exceeds the gross vehicle weight of the disabled vehicle being transported.
(n)
Operation of Vehicles on Certain Highways in the State of Texas.—
If any segment in the State of Texas of United States Route 59, United States Route 77, United States Route 281, United States Route 84, Texas State Highway 44, or another roadway is designated as Interstate Route 69, a vehicle that could operate legally on that segment before the date of the designation may continue to operate on that segment, without regard to any requirement under this section.
(o)
Certain Logging Vehicles in the State of Wisconsin.—
(1)
In general.—
The Secretary shall waive, with respect to a covered logging vehicle, the application of any vehicle weight limit established under this section.
(2)
Covered logging vehicle defined.—
In this subsection, the term “covered logging vehicle” means a vehicle that—
(A) is transporting raw or unfinished forest products, including logs, pulpwood, biomass, or wood chips;
(B) has a gross vehicle weight of not more than 98,000 pounds;
(C) has not less than 6 axles; and
(D) is operating on a segment of Interstate Route 39 in the State of Wisconsin from mile marker 175.8 to mile marker 189.
(p)
Operation of Certain Specialized Vehicles on Certain Highways in the State of Arkansas.—
If any segment of United States Route 63 between the exits for highways 14 and 75 in the State of Arkansas is designated as part of the Interstate System, the single axle weight, tandem axle weight, gross vehicle weight, and bridge formula limits under subsection (a) and the width limitation under section 31113(a) of title 49 shall not apply to that segment with respect to the operation of any vehicle that could operate legally on that segment before the date of the designation.
(q)
Certain Logging Vehicles in the State of Minnesota.—
(1)
In general.—
The Secretary shall waive, with respect to a covered logging vehicle, the application of any vehicle weight limit established under this section.
(2)
Covered logging vehicle defined.—
In this subsection, the term “covered logging vehicle” means a vehicle that—
(A) is transporting raw or unfinished forest products, including logs, pulpwood, biomass, or wood chips;
(B) has a gross vehicle weight of not more than 99,000 pounds;
(C) has not less than 6 axles; and
(D) is operating on a segment of Interstate Route 35 in the State of Minnesota from mile marker 235.4 to mile marker 259.552.
(r)
Emergency Vehicles.—
(1)
In general.—
Notwithstanding subsection (a), a State shall not enforce against an emergency vehicle a vehicle weight limit (up to a maximum gross vehicle weight of 86,000 pounds) of less than—
(A) 24,000 pounds on a single steering axle;
(B) 33,500 pounds on a single drive axle;
(C) 62,000 pounds on a tandem axle; or
(D) 52,000 pounds on a tandem rear drive steer axle.
(2)
Emergency vehicle defined.—
In this subsection, the term “emergency vehicle” means a vehicle designed to be used under emergency conditions—
(A) to transport personnel and equipment; and
(B) to support the suppression of fires and mitigation of other hazardous situations.
(s)
Natural Gas and Electric Battery Vehicles.—
A vehicle, if operated by an engine fueled primarily by natural gas or powered primarily by means of electric battery power, may exceed the weight limit on the power unit by up to 2,000 pounds (up to a maximum gross vehicle weight of 82,000 pounds) under this section.
(t)
Vehicles in Idaho.—
A vehicle limited or prohibited under this section from operating on a segment of the Interstate System in the State of Idaho may operate on such a segment if such vehicle–
(1) has a gross vehicle weight of 129,000 pounds or less;
(2) other than gross vehicle weight, complies with the single axle, tandem axle, and bridge formula limits set forth in subsection (a); and
(3) is authorized to operate on such segment under Idaho State law.
(u)
Vehicles in North Dakota.—
A vehicle limited or prohibited under this section from operating on a segment of the Interstate System in the State of North Dakota may operate on such a segment if such vehicle—
(1) has a gross vehicle weight of 129,000 pounds or less;
(2) other than gross vehicle weight, complies with the single axle, tandem axle, and bridge formula limits set forth in subsection (a); and
(3) is authorized to operate on such segment under North Dakota State law.
(Pub. L. 85–767, Aug. 27, 1958, 72 Stat. 902; Pub. L. 86–624, § 17(e), July 12, 1960, 74 Stat. 416; Pub. L. 93–643, § 106, Jan. 4, 1975, 88 Stat. 2283; Pub. L. 94–280, title I, § 120, May 5, 1976, 90 Stat. 438; Pub. L. 97–424, title I, § 133, formerly § 133(a), Jan. 6, 1983, 96 Stat. 2123, renumbered § 133, Pub. L. 100–17, title I, § 133(a)(3), Apr. 2, 1987, 101 Stat. 170; Pub. L. 100–17, title I, § 119, Apr. 2, 1987, 101 Stat. 157; Pub. L. 100–202, § 101(l) [title III, § 347(c)], Dec. 22, 1987, 101 Stat. 1329–358, 1329–388; Pub. L. 101–427, Oct. 15, 1990, 104 Stat. 927; Pub. L. 102–240, title I, § 1023(a), (b), (d), Dec. 18, 1991, 105 Stat. 1951, 1952, 1954; Pub. L. 103–331, title III, § 332, Sept. 30, 1994, 108 Stat. 2493; Pub. L. 103–429, § 3(3), Oct. 31, 1994, 108 Stat. 4377; Pub. L. 104–59, title III, § 312(a)(1), (2), (b), Nov. 28, 1995, 109 Stat. 584; Pub. L. 104–88, title IV, §§ 404, 405(a)(1), Dec. 29, 1995, 109 Stat. 956; Pub. L. 105–178, title I, §§ 1106(c)(2)(B), 1212(d)(1), June 9, 1998, 112 Stat. 136, 194; Pub. L. 107–107, div. A, title X, § 1064, Dec. 28, 2001, 115 Stat. 1233; Pub. L. 108–447, div. J, title I, § 121, Dec. 8, 2004, 118 Stat. 3347; Pub. L. 109–58, title VII, § 756(c), Aug. 8, 2005, 119 Stat. 832; Pub. L. 109–59, title I, § 1111(b)(3), Aug. 10, 2005, 119 Stat. 1171; Pub. L. 111–117, div. A, title I, § 194(a), (c), (d), (f), Dec. 16, 2009, 123 Stat. 3072, 3073; Pub. L. 112–55, div. C, title I, § 125, Nov. 18, 2011, 125 Stat. 655; Pub. L. 112–141, div. A, title I, §§ 1404(a), 1510, 1511, July 6, 2012, 126 Stat. 557, 567; Pub. L. 113–235, div. K, title I, § 125, Dec. 16, 2014, 128 Stat. 2709; Pub. L. 114–94, div. A, title I, §§ 1409, 1410, 1446(a)(3), Dec. 4, 2015, 129 Stat. 1411, 1437; Pub. L. 114–113, div. L, title I, § 124, Dec. 18, 2015, 129 Stat. 2847; Pub. L. 115–141, div. L, title I, §§ 127, 129A, Mar. 23, 2018, 132 Stat. 988; Pub. L. 116–6, div. G, title IV, §§ 421, 422, Feb. 15, 2019, 133 Stat. 474; Pub. L. 116–94, div. H, title IV, § 425(a), Dec. 20, 2019, 133 Stat. 3018.)
§ 128.
Public hearings
(a) Any State transportation department which submits plans for a Federal-aid highway project involving the by passing of or, going through any city, town, or village, either incorporated or unincorporated, shall certify to the Secretary that it has had public hearings, or has afforded the opportunity for such hearings, and has considered the economic and social effects of such a location, its impact on the environment, and its consistency with the goals and objectives of such urban planning as has been promulgated by the community. Any State transportation department which submits plans for an Interstate System project shall certify to the Secretary that it has had public hearings at a convenient location, or has afforded the opportunity for such hearings for the purpose of enabling persons in rural areas through or contiguous to whose property the highway will pass to express any objections they may have to the proposed locations of such highway. Such certification shall be accompanied by a report which indicates the consideration given to the economic, social, environmental and other effects of the plan or highway location or design and various alternatives which were raised during the hearing or which were otherwise considered.
(b) When hearings have been held under subsection (a), the State transportation department shall submit a copy of the transcript of said hearings to the Secretary, together with the certification and report.
(Pub. L. 85–767, Aug. 27, 1958, 72 Stat. 902; Pub. L. 90–495, § 24, Aug. 23, 1968, 82 Stat. 828; Pub. L. 91–605, title I, § 135, Dec. 31, 1970, 84 Stat. 1734; Pub. L. 105–178, title I, § 1212(a)(2)(A)(i), June 9, 1998, 112 Stat. 193.)
§ 129.
Toll roads, bridges, tunnels, and ferries
(a)
Basic Program.—
(1)
Authorization for federal participation.—
Subject to the provisions of this section, Federal participation shall be permitted on the same basis and in the same manner as construction of toll-free highways is permitted under this chapter in the—
(A) initial construction of a toll highway, bridge, or tunnel or approach to the highway, bridge, or tunnel;
(B) initial construction of 1 or more lanes or other improvements that increase capacity of a highway, bridge, or tunnel (other than a highway on the Interstate System) and conversion of that highway, bridge, or tunnel to a tolled facility, if the number of toll-free lanes, excluding auxiliary lanes, after the construction is not less than the number of toll-free lanes, excluding auxiliary lanes, before the construction;
(C) initial construction of 1 or more lanes or other improvements that increase the capacity of a highway, bridge, or tunnel on the Interstate System and conversion of that highway, bridge, or tunnel to a tolled facility, if the number of toll-free non-HOV lanes, excluding auxiliary lanes, after such construction is not less than the number of toll-free non-HOV lanes, excluding auxiliary lanes,
(D) reconstruction, resurfacing, restoration, rehabilitation, or replacement of a toll highway, bridge, or tunnel or approach to the highway, bridge, or tunnel;
(E) reconstruction or replacement of a toll-free bridge or tunnel and conversion of the bridge or tunnel to a toll facility;
(F) reconstruction of a toll-free Federal-aid highway (other than a highway on the Interstate System) and conversion of the highway to a toll facility;
(G) reconstruction, restoration, or rehabilitation of a highway on the Interstate System if the number of toll-free non-HOV lanes, excluding auxiliary lanes, after reconstruction, restoration, or rehabilitation is not less than the number of toll-free non-HOV lanes, excluding auxiliary lanes, before reconstruction, restoration, or rehabilitation;
(H) conversion of a high occupancy vehicle lane on a highway, bridge, or tunnel to a toll facility; and
(I) preliminary studies to determine the feasibility of a toll facility for which Federal participation is authorized under this paragraph.
(2)
Ownership.—
Each highway, bridge, tunnel, or approach to the highway, bridge, or tunnel constructed under this subsection shall—
(A) be publicly owned; or
(B) be privately owned if the public authority with jurisdiction over the highway, bridge, tunnel, or approach has entered into a contract with 1 or more private persons to design, finance, construct, and operate the facility and the public authority will be responsible for complying with all applicable requirements of this title with respect to the facility.
(3)
Limitations on use of revenues.—
(A)
In general.—
A public authority with jurisdiction over a toll facility shall ensure that all toll revenues received from operation of the toll facility are used only for—
(i) debt service with respect to the projects on or for which the tolls are authorized, including funding of reasonable reserves and debt service on refinancing;
(ii) a reasonable return on investment of any private person financing the project, as determined by the State or interstate compact of States concerned;
(iii) any costs necessary for the improvement and proper operation and maintenance of the toll facility, including reconstruction, resurfacing, restoration, and rehabilitation;
(iv) if the toll facility is subject to a public-private partnership agreement, payments that the party holding the right to toll revenues owes to the other party under the public-private partnership agreement; and
(v) if the public authority certifies annually that the tolled facility is being adequately maintained, any other purpose for which Federal funds may be obligated by a State under this title.
(B)
Annual audit.—
(i)
In general.—
A public authority with jurisdiction over a toll facility shall conduct or have an independent auditor conduct an annual audit of toll facility records to verify adequate maintenance and compliance with subparagraph (A), and report the results of the audits to the Secretary.
(ii)
Records.—
On reasonable notice, the public authority shall make all records of the public authority pertaining to the toll facility available for audit by the Secretary.
(C)
Noncompliance.—
If the Secretary concludes that a public authority has not complied with the limitations on the use of revenues described in subparagraph (A), the Secretary may require the public authority to discontinue collecting tolls until an agreement with the Secretary is reached to achieve compliance with the limitation on the use of revenues described in subparagraph (A).
(4)
Special rule for funding.—
(A)
In general.—
In the case of a toll facility under the jurisdiction of a public authority of a State (other than the State transportation department), on request of the State transportation department and subject to such terms and conditions as the department and public authority may agree, the Secretary, working through the State department of transportation, shall reimburse the public authority for the Federal share of the costs of construction of the project carried out on the toll facility under this subsection in the same manner and to the same extent as the department would be reimbursed if the project was being carried out by the department.
(B)
Source.—
The reimbursement of funds under this paragraph shall be from sums apportioned to the State under this chapter and available for obligations on projects on the Federal-aid highways in the State on which the project is being carried out.
(5)
Limitation on federal share.—
The Federal share payable for a project described in paragraph (1) shall be a percentage determined by the State, but not to exceed 80 percent.
(6)
Modifications.—
If a public authority (including a State transportation department) with jurisdiction over a toll facility subject to an agreement under this section or section 119(e), as in effect on the day before the effective date of title I of the Intermodal Surface Transportation Efficiency Act of 1991 (105 Stat. 1915), requests modification of the agreement, the Secretary shall modify the agreement to allow the continuation of tolls in accordance with paragraph (3) without repayment of Federal funds.
(7)
Loans.—
(A)
In general.—
(i)
Loans.—
Using amounts made available under this title, a State may loan to a public or private entity constructing or proposing to construct under this section a toll facility or non-toll facility with a dedicated revenue source an amount equal to all or part of the Federal share of the cost of the project if the project has a revenue source specifically dedicated to the project.
(ii)
Dedicated revenue sources.—
Dedicated revenue sources for non-toll facilities include excise taxes, sales taxes, motor vehicle use fees, tax on real property, tax increment financing, and such other dedicated revenue sources as the Secretary determines appropriate.
(B)
Compliance with federal laws.—
As a condition of receiving a loan under this paragraph, the public or private entity that receives the loan shall ensure that the project will be carried out in accordance with this title and any other applicable Federal law, including any applicable provision of a Federal environmental law.
(C)
Subordination of debt.—
The amount of any loan received for a project under this paragraph may be subordinated to any other debt financing for the project.
(D)
Obligation of funds loaned.—
Funds loaned under this paragraph may only be obligated for projects under this paragraph.
(E)
Repayment.—
The repayment of a loan made under this paragraph shall commence not later than 5 years after date on which the facility that is the subject of the loan is open to traffic.
(F)
Term of loan.—
The term of a loan made under this paragraph shall not exceed 30 years from the date on which the loan funds are obligated.
(G)
Interest.—
A loan made under this paragraph shall bear interest at or below market interest rates, as determined by the State, to make the project that is the subject of the loan feasible.
(H)
Reuse of funds.—
Amounts repaid to a State from a loan made under this paragraph may be obligated—
(i) for any purpose for which the loan funds were available under this title; and
(ii) for the purchase of insurance or for use as a capital reserve for other forms of credit enhancement for project debt in order to improve credit market access or to lower interest rates for projects eligible for assistance under this title.
(I)
Guidelines.—
The Secretary shall establish procedures and guidelines for making loans under this paragraph.
(8)
State law permitting tolling.—
If a State does not have a highway, bridge, or tunnel toll facility as of the date of enactment of the MAP–21, before commencing any activity authorized under this section, the State shall have in effect a law that permits tolling on a highway, bridge, or tunnel.
(9)
Equal access for over-the-road buses.—
An over-the-road bus that serves the public shall be provided access to a toll facility under the same rates, terms, and conditions as public transportation buses.
(10)
Definitions.—
In this subsection, the following definitions apply:
(A)
High occupancy vehicle; hov.—
The term “high occupancy vehicle” or “HOV” means a vehicle with not fewer than 2 occupants.
(B)
Initial construction.—
(i)
In general.—
The term “initial construction” means the construction of a highway, bridge, tunnel, or other facility at any time before it is open to traffic.
(ii)
Exclusions.—
The term “initial construction” does not include any improvement to a highway, bridge, tunnel, or other facility after it is open to traffic.
(C)
Over-the-road bus.—
The term “over-the-road bus” has the meaning given the term in section 301 of the Americans with Disabilities Act of 1990 (42 U.S.C. 12181).
(D)
Public authority.—
The term “public authority” means a State, interstate compact of States, or public entity designated by a State.
(E)
Toll facility.—
The term “toll facility” means a toll highway, bridge, or tunnel or approach to the highway, bridge, or tunnel constructed under this subsection.
(b) Notwithstanding the provisions of section 301 of this title, the Secretary may permit Federal participation under this title in the construction of a project constituting an approach to a ferry, whether toll or free, the route of which is a public road and has not been designated as a route on the Interstate System. Such ferry may be either publicly or privately owned and operated, but the operating authority and the amount of fares charged for passage shall be under the control of a State agency or official, and all revenues derived from publicly owned or operated ferries shall be applied to payment of the cost of construction or acquisition thereof, including debt service, and to actual and necessary costs of operation, maintenance, repair, and replacement.
(c)
Notwithstanding section 301 of this title, the Secretary may permit Federal participation under this title in the construction of ferry boats and ferry terminal facilities, whether toll or free, subject to the following conditions:
(1) It is not feasible to build a bridge, tunnel, combination thereof, or other normal highway structure in lieu of the use of such ferry.
(2) The operation of the ferry shall be on a route classified as a public road within the State and which has not been designated as a route on the Interstate System or on a public transit ferry eligible under chapter 53 of title 49. Projects under this subsection may be eligible for both ferry boats carrying cars and passengers and ferry boats carrying passengers only.
(3)
(A) The ferry boat or ferry terminal facility shall be publicly owned or operated or majority publicly owned if the Secretary determines with respect to a majority publicly owned ferry or ferry terminal facility that such ferry boat or ferry terminal facility provides substantial public benefits.
(B) Any Federal participation shall not involve the construction or purchase, for private ownership, of a ferry boat, ferry terminal facility, or other eligible project under this section.
(4) The operating authority and the amount of fares charged for passage on such ferry shall be under the control of the State or other public entity, and all revenues derived therefrom shall be applied to actual and necessary costs of operation, maintenance, repair, debt service, negotiated management fees, and, in the case of a privately operated toll ferry, for a reasonable rate of return.
(5) Such ferry may be operated only within the State (including the islands which comprise the State of Hawaii and the islands which comprise any territory of the United States) or between adjoining States or between a point in a State and a point in the Dominion of Canada. Except with respect to operations between the islands which comprise the State of Hawaii, operations between the islands which comprise any territory of the United States, operations between a point in a State and a point in the Dominion of Canada, and operations between any two points in Alaska and between Alaska and Washington, including stops at appropriate points in the Dominion of Canada, no part of such ferry operation shall be in any foreign or international waters.
(6) The ferry service shall be maintained in accordance with section 116.
(7)
(A) No ferry boat or ferry terminal with Federal participation under this title may be sold, leased, or otherwise disposed of, except in accordance with part 200 of title 2, Code of Federal Regulations.
(B) The Federal share of any proceeds from a disposition referred to in subparagraph (A) shall be used for eligible purposes under this title.
(Pub. L. 85–767, Aug. 27, 1958, 72 Stat. 902; Pub. L. 86–657, §§ 5, 8(a), July 14, 1960, 74 Stat. 523, 524; Pub. L. 90–495, § 28, Aug. 23, 1968, 82 Stat. 829; Pub. L. 91–605, title I, §§ 133, 139, Dec. 31, 1970, 84 Stat. 1732, 1736; Pub. L. 92–434, § 7, Sept. 26, 1972, 86 Stat. 732; Pub. L. 93–87, title I, §§ 118, 132, 139, Aug. 13, 1973, 87 Stat. 259, 267, 270; Pub. L. 93–643, § 108, Jan. 4, 1975, 88 Stat. 2284; Pub. L. 94–280, title I, § 121, May 5, 1976, 90 Stat. 438; Pub. L. 95–599, title I, § 120, Nov. 6, 1978, 92 Stat. 2700; Pub. L. 100–17, title I, § 120(a), (b), Apr. 2, 1987, 101 Stat. 157, 158; Pub. L. 100–202, § 101(l) [title III, § 347(d)], Dec. 22, 1987, 101 Stat. 1329–358, 1329–388; Pub. L. 100–457, title III, §§ 326, 335, Sept. 30, 1988, 102 Stat. 2150, 2153; Pub. L. 102–240, title I, § 1012(a), (c), Dec. 18, 1991, 105 Stat. 1936, 1938; Pub. L. 102–388, title IV, § 410, Oct. 6, 1992, 106 Stat. 1565; Pub. L. 104–59, title III, § 313(a)–(c), Nov. 28, 1995, 109 Stat. 585, 586; Pub. L. 105–178, title I, §§ 1106(c)(1)(C), 1207(a), 1211(f), formerly 1211(g), June 9, 1998, 112 Stat. 136, 185, 189; Pub. L. 105–206, title IX, § 9003(d)(5), July 22, 1998, 112 Stat. 840; Pub. L. 109–59, title I, § 1801(f), Aug. 10, 2005, 119 Stat. 1456; Pub. L. 112–141, div. A, title I, § 1512(a), July 6, 2012, 126 Stat. 567; Pub. L. 114–94, div. A, title I, §§ 1112(c), 1411(a), Dec. 4, 2015, 129 Stat. 1346, 1412.)
§ 130.
Railway-highway crossings
(a) Subject to section 120 and subsection (b) of this section, the entire cost of construction of projects for the elimination of hazards of railway-highway crossings, including the separation or protection of grades at crossings, the reconstruction of existing railroad grade crossing structures, the relocation of highways to eliminate grade crossings, and projects at grade crossings to eliminate hazards posed by blocked grade crossings due to idling trains, may be paid from sums apportioned in accordance with section 104 of this title. In any case when the elimination of the hazards of a railway-highway crossing can be effected by the relocation of a portion of a railway at a cost estimated by the Secretary to be less than the cost of such elimination by one of the methods mentioned in the first sentence of this section, then the entire cost of such relocation project, subject to section 120 and subsection (b) of this section, may be paid from sums apportioned in accordance with section 104 of this title.
(b) The Secretary may classify the various types of projects involved in the elimination of hazards of railway-highway crossings, and may set for each such classification a percentage of the costs of construction which shall be deemed to represent the net benefit to the railroad or railroads for the purpose of determining the railroad’s share of the cost of construction. The percentage so determined shall in no case exceed 10 per centum. The Secretary shall determine the appropriate classification of each project.
(c) Any railroad involved in a project for the elimination of hazards of railway-highway crossings paid for in whole or in part from sums made available for expenditure under this title, or prior Acts, shall be liable to the United States for the net benefit to the railroad determined under the classification of such project made pursuant to subsection (b) of this section. Such liability to the United States may be discharged by direct payment to the State transportation department of the State in which the project is located, in which case such payment shall be credited to the cost of the project. Such payment may consist in whole or in part of materials and labor furnished by the railroad in connection with the construction of such project. If any such railroad fails to discharge such liability within a six-month period after completion of the project, it shall be liable to the United States for its share of the cost, and the Secretary shall request the Attorney General to institute proceedings against such railroad for the recovery of the amount for which it is liable under this subsection. The Attorney General is authorized to bring such proceedings on behalf of the United States, in the appropriate district court of the United States, and the United States shall be entitled in such proceedings to recover such sums as it is considered and adjudged by the court that such railroad is liable for in the premises. Any amounts recovered by the United States under this subsection shall be credited to miscellaneous receipts.
(d)
Survey and Schedule of Projects.—
Each State shall conduct and systematically maintain a survey of all highways to identify those railroad crossings which may require separation, relocation, or protective devices, and establish and implement a schedule of projects for this purpose. At a minimum, such a schedule shall provide signs for all railway-highway crossings.
(e)
Funds for Protective Devices.—
(1)
In general.—
(A)
Set aside.—
Before making an apportionment under section 104(b)(3) for a fiscal year, the Secretary shall set aside, from amounts made available to carry out the highway safety improvement program under section 148 for such fiscal year, for the elimination of hazards and the installation of protective devices at railway-highway crossings at least—
(i) $225,000,000 for fiscal year 2016;
(ii) $230,000,000 for fiscal year 2017;
(iii) $235,000,000 for fiscal year 2018;
(iv) $240,000,000 for fiscal year 2019; and
(v) $245,000,000 for fiscal year 2020.
(B)
Installation of protective devices.—
At least ½ of the funds set aside each fiscal year under subparagraph (A) shall be available for the installation of protective devices at railway-highway crossings.
(C)
Obligation availability.—
Sums set aside each fiscal year under subparagraph (A) shall be available for obligation in the same manner as funds apportioned under section 104(b)(1).
(2)
Special rule.—
If a State demonstrates to the satisfaction of the Secretary that the State has met all its needs for installation of protective devices at railway-highway crossings, the State may use funds made available by this section for other highway safety improvement program purposes.
(f)
Apportionment.—
(1)
Formula.—
Fifty percent of the funds set aside to carry out this section pursuant to subsection (e)(1) shall be apportioned to the States in accordance with the formula set forth in section 104(b)(3)(A) as in effect on the day before the date of enactment of the MAP–21, and 50 percent of such funds shall be apportioned to the States in the ratio that total public railway-highway crossings in each State bears to the total of such crossings in all States.
(2)
Minimum apportionment.—
Notwithstanding paragraph (1), each State shall receive a minimum of one-half of 1 percent of the funds apportioned under paragraph (1).
(3)
Federal share.—
The Federal share payable on account of any project financed with funds set aside to carry out this section shall be 90 percent of the cost thereof.
(g)
Annual Report.—
Each State shall report to the Secretary not later than December 30 of each year on the progress being made to implement the railway-highway crossings program authorized by this section and the effectiveness of such improvements. Each State report shall contain an assessment of the costs of the various treatments employed and subsequent accident experience at improved locations. The Secretary shall submit a report to the Committee on Environment and Public Works and the Committee on Commerce, Science, and Transportation,1
1 So in original.
of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives, not later than April 1, 2006, and every 2 years thereafter,,1 on the progress being made by the State in implementing projects to improve railway-highway crossings. The report shall include, but not be limited to, the number of projects undertaken, their distribution by cost range, road system, nature of treatment, and subsequent accident experience at improved locations. In addition, the Secretary’s report shall analyze and evaluate each State program, identify any State found not to be in compliance with the schedule of improvements required by subsection (d) and include recommendations for future implementation of the railroad highway 2
2 So in original. Probably should be “railroad-highway”.
crossings program.
(h)
Use of Funds for Matching.—
Funds authorized to be appropriated to carry out this section may be used to provide a local government with funds to be used on a matching basis when State funds are available which may only be spent when the local government produces matching funds for the improvement of railway-highway crossings.
(i)
Incentive Payments for At-Grade Crossing Closures.—
(1)
In general.—
Notwithstanding any other provision of this section and subject to paragraphs (2) and (3), a State may, from sums available to the State under this section, make incentive payments to local governments in the State upon the permanent closure by such governments of public at-grade railway-highway crossings under the jurisdiction of such governments.
(2)
Incentive payments by railroads.—
A State may not make an incentive payment under paragraph (1) to a local government with respect to the closure of a crossing unless the railroad owning the tracks on which the crossing is located makes an incentive payment to the government with respect to the closure.
(3)
Amount of state payment.—
The amount of the incentive payment payable to a local government by a State under paragraph (1) with respect to a crossing may not exceed the lesser of—
(A) the amount of the incentive payment paid to the government with respect to the crossing by the railroad concerned under paragraph (2); or
(B) $7,500.
(4)
Use of state payments.—
A local government receiving an incentive payment from a State under paragraph (1) shall use the amount of the incentive payment for transportation safety improvements.
(j)
Bicycle Safety.—
In carrying out projects under this section, a State shall take into account bicycle safety.
(k)
Expenditure of Funds.—
Not more than 2 percent of funds apportioned to a State to carry out this section may be used by the State for compilation and analysis of data in support of activities carried out under subsection (g).
(l)
National Crossing Inventory.—
(1)
Initial reporting of crossing information.—
Not later than 1 year after the date of enactment of the Rail Safety Improvement Act of 2008 or within 6 months of a new crossing becoming operational, whichever occurs later, each State shall report to the Secretary of Transportation current information, including information about warning devices and signage, as specified by the Secretary, concerning each previously unreported public crossing located within its borders.
(2)
Periodic updating of crossing information.—
On a periodic basis beginning not later than 2 years after the date of enactment of the Rail Safety Improvement Act of 2008 and on or before September 30 of every year thereafter, or as otherwise specified by the Secretary, each State shall report to the Secretary current information, including information about warning devices and signage, as specified by the Secretary, concerning each public crossing located within its borders.
(Pub. L. 85–767, Aug. 27, 1958, 72 Stat. 903; Pub. L. 100–17, title I, § 121(a), Apr. 2, 1987, 101 Stat. 159; Pub. L. 104–59, title III, § 325(a), Nov. 28, 1995, 109 Stat. 591; Pub. L. 104–205, title III, § 353(b), Sept. 30, 1996, 110 Stat. 2980; Pub. L. 105–178, title I, §§ 1111(d), 1202(d), 1212(a)(2)(A)(i), June 9, 1998, 112 Stat. 146, 170, 193; Pub. L. 109–59, title I, § 1401(c), formerly § 1401(d), Aug. 10, 2005, 119 Stat. 1226, renumbered § 1401(c), Pub. L. 110–244, title I, § 101(s)(1), June 6, 2008, 122 Stat. 1577; Pub. L. 110–244, title I, § 101(l), June 6, 2008, 122 Stat. 1575; Pub. L. 110–432, div. A, title II, § 204(c), Oct. 16, 2008, 122 Stat. 4871; Pub. L. 112–141, div. A, title I, § 1519(c)(5), formerly § 1519(c)(6), July 6, 2012, 126 Stat. 575, renumbered § 1519(c)(5), Pub. L. 114–94, div. A, title I, § 1446(d)(5)(B), Dec. 4, 2015, 129 Stat. 1438; Pub. L. 114–94, div. A, title I, §§ 1108, 1412, Dec. 4, 2015, 129 Stat. 1338, 1416.)
§ 131.
Control of outdoor advertising
(a) The Congress hereby finds and declares that the erection and maintenance of outdoor advertising signs, displays, and devices in areas adjacent to the Interstate System and the primary system should be controlled in order to protect the public investment in such highways, to promote the safety and recreational value of public travel, and to preserve natural beauty.
(b) Federal-aid highway funds apportioned on or after January 1, 1968, to any State which the Secretary determines has not made provision for effective control of the erection and maintenance along the Interstate System and the primary system of outdoor advertising signs, displays, and devices which are within six hundred and sixty feet of the nearest edge of the right-of-way and visible from the main traveled way of the system, and Federal-aid highway funds apportioned on or after January 1, 1975, or after the expiration of the next regular session of the State legislature, whichever is later, to any State which the Secretary determines has not made provision for effective control of the erection and maintenance along the Interstate System and the primary system of those additional outdoor advertising signs, displays, and devices which are more than six hundred and sixty feet off the nearest edge of the right-of-way, located outside of urban areas, visible from the main traveled way of the system, and erected with the purpose of their message being read from such main traveled way, shall be reduced by amounts equal to 10 per centum of the amounts which would otherwise be apportioned to such State under section 104 of this title, until such time as such State shall provide for such effective control. Any amount which is withheld from apportionment to any State hereunder shall be reapportioned to the other States. Whenever he determines it to be in the public interest, the Secretary may suspend, for such periods as he deems necessary, the application of this subsection to a State.
(c) Effective control means that such signs, displays, or devices after January 1, 1968, if located within six hundred and sixty feet of the right-of-way and, on or after July 1, 1975, or after the expiration of the next regular session of the State legislature, whichever is later, if located beyond six hundred and sixty feet of the right-of-way located outside of urban areas, visible from the main traveled way of the system, and erected with the purpose of their message being read from such main traveled way, shall, pursuant to this section, be limited to (1) directional and official signs and notices, which signs and notices shall include, but not be limited to, signs and notices pertaining to natural wonders, scenic and historical attractions, which are required or authorized by law, which shall conform to national standards hereby authorized to be promulgated by the Secretary hereunder, which standards shall contain provisions concerning lighting, size, number, and spacing of signs, and such other requirements as may be appropriate to implement this section, (2) signs, displays, and devices advertising the sale or lease of property upon which they are located, (3) signs, displays, and devices, including those which may be changed at reasonable intervals by electronic process or by remote control, advertising activities conducted on the property on which they are located, (4) signs lawfully in existence on October 22, 1965, determined by the State, subject to the approval of the Secretary, to be landmark signs, including signs on farm structures or natural surfaces, or historic or artistic significance the preservation of which would be consistent with the purposes of this section, and (5) signs, displays, and devices advertising the distribution by nonprofit organizations of free coffee to individuals traveling on the Interstate System or the primary system. For the purposes of this subsection, the term “free coffee” shall include coffee for which a donation may be made, but is not required.
(d) In order to promote the reasonable, orderly and effective display of outdoor advertising while remaining consistent with the purposes of this section, signs, displays, and devices whose size, lighting and spacing, consistent with customary use is to be determined by agreement between the several States and the Secretary, may be erected and maintained within six hundred and sixty feet of the nearest edge of the right-of-way within areas adjacent to the Interstate and primary systems which are zoned industrial or commercial under authority of State law, or in unzoned commercial or industrial areas as may be determined by agreement between the several States and the Secretary. The States shall have full authority under their own zoning laws to zone areas for commercial or industrial purposes, and the actions of the States in this regard will be accepted for the purposes of this Act. Whenever a bona fide State, county, or local zoning authority has made a determination of customary use, such determination will be accepted in lieu of controls by agreement in the zoned commercial and industrial areas within the geographical jurisdiction of such authority. Nothing in this subsection shall apply to signs, displays, and devices referred to in clauses (2) and (3) of subsection (c) of this section.
(e) Any sign, display, or device lawfully in existence along the Interstate System or the Federal-aid primary system on September 1, 1965, which does not conform to this section shall not be required to be removed until July 1, 1970. Any other sign, display, or device lawfully erected which does not conform to this section shall not be required to be removed until the end of the fifth year after it becomes nonconforming.
(f) The Secretary shall, in consultation with the States, provide within the rights-of-way for areas at appropriate distances from interchanges on the Interstate System, on which signs, displays, and devices giving specific information in the interest of the traveling public may be erected and maintained. The Secretary may also, in consultation with the States, provide within the rights-of-way of the primary system for areas in which signs, displays, and devices giving specific information in the interest of the traveling public may be erected and maintained. Such signs shall conform to national standards to be promulgated by the Secretary.
(g)
Just compensation shall be paid upon the removal of any outdoor advertising sign, display, or device lawfully erected under State law and not permitted under subsection (c) of this section, whether or not removed pursuant to or because of this section. The Federal share of such compensation shall be 75 per centum. Such compensation shall be paid for the following:
(A) The taking from the owner of such sign, display, or device of all right, title, leasehold, and interest in such sign, display, or device; and
(B) The taking from the owner of the real property on which the sign, display, or device is located, of the right to erect and maintain such signs, displays, and devices thereon.
(h) All public lands or reservations of the United States which are adjacent to any portion of the Interstate System and the primary system shall be controlled in accordance with the provisions of this section and the national standards promulgated by the Secretary.
(i) In order to provide information in the specific interest of the traveling public, the State transportation departments are authorized to maintain maps and to permit information directories and advertising pamphlets to be made available at safety rest areas. Subject to the approval of the Secretary, a State may also establish information centers at safety rest areas and other travel information systems within the rights-of-way for the purpose of informing the public of places of interest within the State and providing such other information as a State may consider desirable. The Federal share of the cost of establishing such an information center or travel information system shall be that which is provided in section 120 for a highway project on that Federal-aid system to be served by such center or system. A State may permit the installation of signs that acknowledge the sponsorship of rest areas within such rest areas or along the main traveled way of the system, provided that such signs shall not affect the safe and efficient utilization of the Interstate System and the primary system. The Secretary shall establish criteria for the installation of such signs on the main traveled way, including criteria pertaining to the placement of rest area sponsorship acknowledgment signs in relation to the placement of advance guide signs for rest areas.
(j) Any State transportation department which has, under this section as in effect on June 30, 1965, entered into an agreement with the Secretary to control the erection and maintenance of outdoor advertising signs, displays, and devices in areas adjacent to the Interstate System shall be entitled to receive the bonus payments as set forth in the agreement, but no such State transportation department shall be entitled to such payments unless the State maintains the control required under such agreement: Provided, That permission by a State to erect and maintain information displays which may be changed at reasonable intervals by electronic process or remote control and which provide public service information or advertise activities conducted on the property on which they are located shall not be considered a breach of such agreement or the control required thereunder. Such payments shall be paid only from appropriations made to carry out this section. The provisions of this subsection shall not be construed to exempt any State from controlling outdoor advertising as otherwise provided in this section.
(k) Subject to compliance with subsection (g) of this section for the payment of just compensation, nothing in this section shall prohibit a State from establishing standards imposing stricter limitations with respect to signs, displays, and devices on the Federal-aid highway systems than those established under this section.
(l) Not less than sixty days before making a final determination to withhold funds from a State under subsection (b) of this section, or to do so under subsection (b) of section 136, or with respect to failing to agree as to the size, lighting, and spacing of signs, displays, and devices or as to unzoned commercial or industrial areas in which signs, displays, and devices may be erected and maintained under subsection (d) of this section, or with respect to failure to approve under subsection (g) of section 136, the Secretary shall give written notice to the State of his proposed determination and a statement of the reasons therefor, and during such period shall give the State an opportunity for a hearing on such determination. Following such hearing the Secretary shall issue a written order setting forth his final determination and shall furnish a copy of such order to the State. Within forty-five days of receipt of such order, the State may appeal such order to any United States district court for such State, and upon the filing of such appeal such order shall be stayed until final judgment has been entered on such appeal. Summons may be served at any place in the United States. The court shall have jurisdiction to affirm the determination of the Secretary or to set it aside, in whole or in part. The judgment of the court shall be subject to review by the United States court of appeals for the circuit in which the State is located and to the Supreme Court of the United States upon certiorari or certification as provided in title 28, United States Code, section 1254. If any part of an apportionment to a State is withheld by the Secretary under subsection (b) of this section or subsection (b) of section 136, the amount so withheld shall not be reapportioned to the other States as long as a suit brought by such State under this subsection is pending. Such amount shall remain available for apportionment in accordance with the final judgment and this subsection. Funds withheld from apportionment and subsequently apportioned or reapportioned under this section shall be available for expenditure for three full fiscal years after the date of such apportionment or reapportionment as the case may be.
(m) There is authorized to be appropriated to carry out the provisions of this section, out of any money in the Treasury not otherwise appropriated, not to exceed $20,000,000 for the fiscal year ending June 30, 1966, not to exceed $20,000,000 for the fiscal year ending June 30, 1967, not to exceed $2,000,000 for the fiscal year ending June 30, 1970, not to exceed $27,000,000 for the fiscal year ending June 30, 1971, not to exceed $20,500,000 for the fiscal year ending June 30, 1972, and not to exceed $50,000,000 for the fiscal year ending June 30, 1973. The provisions of this chapter relating to the obligation, period of availability and expenditure of Federal-aid primary highway funds shall apply to the funds authorized to be appropriated to carry out this section after June 30, 1967. A State may use any funds apportioned to it under section 104 of this title for removal of any sign, display, or device lawfully erected which does not conform to this section.
(n) No sign, display, or device shall be required to be removed under this section if the Federal share of the just compensation to be paid upon removal of such sign, display, or device is not available to make such payment. Funds apportioned to a State under section 104 of this title shall not be treated for purposes of the preceding sentence as being available to the State for making such a payment except to the extent that the State, in its discretion, expends such funds for such a payment.
(o) The Secretary may approve the request of a State to permit retention in specific areas defined by such State of directional signs, displays, and devices lawfully erected under State law in force at the time of their erection which do not conform to the requirements of subsection (c), where such signs, displays, and devices are in existence on the date of enactment of this subsection and where the State demonstrates that such signs, displays, and devices (1) provide directional information about goods and services in the interest of the traveling public, and (2) are such that removal would work a substantial economic hardship in such defined area.
(p) In the case of any sign, display, or device required to be removed under this section prior to the date of enactment of the Federal-Aid Highway Act of 1974, which sign, display, or device was after its removal lawfully relocated and which as a result of the amendments made to this section by such Act is required to be removed, the United States shall pay 100 per centum of the just compensation for such removal (including all relocation costs).
(q)
(1) During the implementation of State laws enacted to comply with this section, the Secretary shall encourage and assist the States to develop sign controls and programs which will assure that necessary directional information about facilities providing goods and services in the interest of the traveling public will continue to be available to motorists. To this end the Secretary shall restudy and revise as appropriate existing standards for directional signs authorized under subsections 131(c)(1) and 131(f) to develop signs which are functional and esthetically compatible with their surroundings. He shall employ the resources of other Federal departments and agencies, including the National Endowment for the Arts, and employ maximum participation of private industry in the development of standards and systems of signs developed for those purposes.
(2) Among other things the Secretary shall encourage States to adopt programs to assure that removal of signs providing necessary directional information, which also were providing directional information on June 1, 1972, about facilities in the interest of the traveling public, be deferred until all other nonconforming signs are removed.
(r)
Removal of Illegal Signs.—
(1)
By owners.—
Any sign, display, or device along the Interstate System or the Federal-aid primary system which was not lawfully erected, shall be removed by the owner of such sign, display, or device not later than the 90th day following the effective date of this subsection.
(2)
By states.—
If any owner does not remove a sign, display, or device in accordance with paragraph (1), the State within the borders of which the sign, display, or device is located shall remove the sign, display, or device. The owner of the removed sign, display, or device shall be liable to the State for the costs of such removal. Effective control under this section includes compliance with the first sentence of this paragraph.
(s)
Scenic Byway Prohibition.—
If a State has a scenic byway program, the State may not allow the erection along any highway on the Interstate System or Federal-aid primary system which before, on, or after the effective date of this subsection, is designated as a scenic byway under such program of any sign, display, or device which is not in conformance with subsection (c) of this section. Control of any sign, display, or device on such a highway shall be in accordance with this section. In designating a scenic byway for purposes of this section and section 1047 of the Intermodal Surface Transportation Efficiency Act of 1991, a State may exclude from such designation any segment of a highway that is inconsistent with the State’s criteria for designating State scenic byways. Nothing in the preceding sentence shall preclude a State from signing any such excluded segment, including such segment on a map, or carrying out similar activities, solely for purposes of system continuity.
(t)
Primary System Defined.—
For purposes of this section, the terms “primary system” and “Federal-aid primary system” mean the Federal-aid primary system in existence on June 1, 1991, and any highway which is not on such system but which is on the National Highway System.
(Pub. L. 85–767, Aug. 27, 1958, 72 Stat. 904; Pub. L. 86–342, title I, § 106, Sept. 21, 1959, 73 Stat. 612; Pub. L. 87–61, title I, § 106, June 29, 1961, 75 Stat. 123; Pub. L. 88–157, § 5, Oct. 24, 1963, 77 Stat. 277; Pub. L. 89–285, title I, § 101, Oct. 22, 1965, 79 Stat. 1028; Pub. L. 89–574, § 8(a), Sept. 13, 1966, 80 Stat. 768; Pub. L. 90–495, § 6(a)–(d), Aug. 23, 1968, 82 Stat. 817; Pub. L. 91–605, title I, § 122(a), Dec. 31, 1970, 84 Stat. 1726; Pub. L. 93–643, § 109, Jan. 4, 1975, 88 Stat. 2284; Pub. L. 94–280, title I, § 122, May 5, 1976, 90 Stat. 438; Pub. L. 95–599, title I, §§ 121, 122, Nov. 6, 1978, 92 Stat. 2700, 2701; Pub. L. 96–106, § 6, Nov. 9, 1979, 93 Stat. 797; Pub. L. 102–240, title I, § 1046(a)–(c), Dec. 18, 1991, 105 Stat. 1995, 1996; Pub. L. 102–302, § 104, June 22, 1992, 106 Stat. 253; Pub. L. 104–59, title III, § 314, Nov. 28, 1995, 109 Stat. 586; Pub. L. 105–178, title I, § 1212(a)(2)(A), June 9, 1998, 112 Stat. 193; Pub. L. 112–141, div. A, title I, §§ 1519(c)(6), formerly 1519(c)(7), 1539(b), July 6, 2012, 126 Stat. 576, 587, renumbered § 1519(c)(6), Pub. L. 114–94, div. A, title I, § 1446(d)(5)(B), Dec. 4, 2015, 129 Stat. 1438.)
§ 132.
Payments on Federal-aid projects undertaken by a Federal agency
(a)
In General.—
In a case in which a proposed Federal-aid project is to be undertaken by a Federal agency in accordance with an agreement between a State and the Federal agency, the State may—
(1) direct the Secretary to transfer the funds for the Federal share of the project directly to the Federal agency; or
(2) make such deposit with, or payment to, the Federal agency as is required to meet the obligation of the State under the agreement for the work undertaken or to be undertaken by the Federal agency.
(b)
Reimbursement.—
On execution with a State of a project agreement described in subsection (a), the Secretary may reimburse the State, using any available funds, for the estimated Federal share under this title of the obligation of the State deposited or paid under subsection (a)(2).
(c)
Recovery and Crediting of Funds.—
Any sums reimbursed to the State under this section which may be in excess of the Federal pro rata share under the provisions of this title of the State’s share of the cost as set forth in the approved final voucher submitted by the State shall be recovered and credited to the same class of funds from which the Federal payment under this section was made.
(Added Pub. L. 86–657, § 4(a), July 14, 1960, 74 Stat. 522; amended Pub. L. 109–59, title I, § 1119(b), Aug. 10, 2005, 119 Stat. 1182.)
§ 133.
Surface transportation block grant program
(a)
Establishment.—
The Secretary shall establish a surface transportation block grant program in accordance with this section to provide flexible funding to address State and local transportation needs.
(b)
Eligible Projects.—
Funds apportioned to a State under section 104(b)(2) for the surface transportation block grant program may be obligated for the following:
(1)
Construction of—
(A) highways, bridges, tunnels, including designated routes of the Appalachian development highway system and local access roads under section 14501 of title 40;
(B) ferry boats and terminal facilities eligible for funding under section 129(c);
(C) transit capital projects eligible for assistance under chapter 53 of title 49;
(D) infrastructure-based intelligent transportation systems capital improvements, including the installation of vehicle-to-infrastructure communication equipment;
(E) truck parking facilities eligible for funding under section 1401 of MAP–21 (23 U.S.C. 137 note); and
(F) border infrastructure projects eligible for funding under section 1303 of SAFETEA–LU (23 U.S.C. 101 note).
(2) Operational improvements and capital and operating costs for traffic monitoring, management, and control facilities and programs.
(3) Environmental measures eligible under sections 119(g), 328, and 329 and transportation control measures listed in section 108(f)(1)(A) (other than clause (xvi) of that section) of the Clean Air Act (42 U.S.C. 7408(f)(1)(A)).
(4) Highway and transit safety infrastructure improvements and programs, including railway-highway grade crossings.
(5) Fringe and corridor parking facilities and programs in accordance with section 137 and carpool projects in accordance with section 146.
(6) Recreational trails projects eligible for funding under section 206, pedestrian and bicycle projects in accordance with section 217 (including modifications to comply with accessibility requirements under the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.)), and the safe routes to school program under section 1404 of SAFETEA–LU (23 U.S.C. 402 note).
(7) Planning, design, or construction of boulevards and other roadways largely in the right-of-way of former Interstate System routes or other divided highways.
(8) Development and implementation of a State asset management plan for the National Highway System and a performance-based management program for other public roads.
(9) Protection (including painting, scour countermeasures, seismic retrofits, impact protection measures, security countermeasures, and protection against extreme events) for bridges (including approaches to bridges and other elevated structures) and tunnels on public roads, and inspection and evaluation of bridges and tunnels and other highway assets.
(10) Surface transportation planning programs, highway and transit research and development and technology transfer programs, and workforce development, training, and education under chapter 5 of this title.
(11) Surface transportation infrastructure modifications to facilitate direct intermodal interchange, transfer, and access into and out of a port terminal.
(12) Projects and strategies designed to support congestion pricing, including electronic toll collection and travel demand management strategies and programs.
(13) At the request of a State, and upon Secretarial approval of credit assistance under chapter 6, subsidy and administrative costs necessary to provide an eligible entity Federal credit assistance under chapter 6 with respect to a project eligible for assistance under this section.
(14) The creation and operation by a State of an office to assist in the design, implementation, and oversight of public-private partnerships eligible to receive funding under this title and chapter 53 of title 49, and the payment of a stipend to unsuccessful private bidders to offset their proposal development costs, if necessary to encourage robust competition in public-private partnership procurements.
(15) Any type of project eligible under this section as in effect on the day before the date of enactment of the FAST Act, including projects described under section 101(a)(29) as in effect on such day.
(c)
Location of Projects.—
A surface transportation block grant project may not be undertaken on a road functionally classified as a local road or a rural minor collector unless the road was on a Federal-aid highway system on January 1, 1991, except—
(1) for a bridge or tunnel project (other than the construction of a new bridge or tunnel at a new location);
(2) for a project described in paragraphs (4) through (11) of subsection (b);
(3) for a project described in section 101(a)(29), as in effect on the day before the date of enactment of the FAST Act; and
(4) as approved by the Secretary.
(d)
Allocations of Apportioned Funds to Areas Based on Population.—
(1)
Calculation.—
Of the funds apportioned to a State under section 104(b)(2) (after the reservation of funds under subsection (h))—
(A)
the percentage specified in paragraph (6) for a fiscal year 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 areas of the State other than urban areas with a population greater than 5,000; and
(iii) in other areas of the State; and
(B) the remainder may be obligated in any area of the State.
(2)
Metropolitan areas.—
Funds attributed to an urbanized area under paragraph (1)(A)(i) may be obligated in the metropolitan area established under section 134 that encompasses the urbanized area.
(3)
Consultation with regional transportation planning organizations.—
For purposes of paragraph (1)(A)(iii), before obligating funding attributed to an area with a population greater than 5,000 and less than 200,000, a State shall consult with the regional transportation planning organizations that represent the area, if any.
(4)
Distribution among urbanized areas of over 200,000 population.—
(A)
In general.—
Except as provided in subparagraph (B), the amount of funds that a State is required to obligate under paragraph (1)(A)(i) shall be obligated in urbanized areas described in paragraph (1)(A)(i) based on the relative population of the areas.
(B)
Other factors.—
The State may obligate the funds described in subparagraph (A) 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.
(5)
Applicability of planning requirements.—
Programming and expenditure of funds for projects under this section shall be consistent with sections 134 and 135.
(6)
Percentage.—
The percentage referred to in paragraph (1)(A) is—
(A) for fiscal year 2016, 51 percent;
(B) for fiscal year 2017, 52 percent;
(C) for fiscal year 2018, 53 percent;
(D) for fiscal year 2019, 54 percent; and
(E) for fiscal year 2020, 55 percent.
(e)
Obligation Authority.—
(1)
In general.—
A State that is required to obligate in an urbanized area with an urbanized area population of over 200,000 individuals under subsection (d) funds apportioned to the State under section 104(b)(2) shall make available during the period of fiscal years 2016 through 2020 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—
(A) the aggregate amount of funds that the State is required to obligate in the area under subsection (d) during the period; and
(B)
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.
(2)
Joint responsibility.—
Each State, each affected metropolitan planning organization, and the Secretary shall jointly ensure compliance with paragraph (1).
(f)
Bridges Not on Federal-aid Highways.—
(1)
Definition of off-system bridge.—
In this subsection, the term “off-system bridge” means a highway bridge located on a public road, other than a bridge on a Federal-aid highway.
(2)
Special rule.—
(A)
Set-aside.—
Of the amounts apportioned to a State for fiscal year 2013 and each fiscal year thereafter under this section, the State shall obligate for activities described in subsection (b)(2) for off-system bridges an amount that is not less than 15 percent of the amount of funds apportioned to the State for the highway bridge program for fiscal year 2009, except that amounts allocated under subsection (d) shall not be obligated to carry out this subsection.
(B)
Reduction of expenditures.—
The Secretary, after consultation with State and local officials, may reduce the requirement for expenditures for off-system bridges under subparagraph (A) with respect to the State if the Secretary determines that the State has inadequate needs to justify the expenditure.
(3)
Credit for bridges not on federal-aid highways.—
Notwithstanding any other provision of law, with respect to any project not on a Federal-aid highway for the replacement of a bridge or rehabilitation of a bridge that is wholly funded from State and local sources, is eligible for Federal funds under this section, is noncontroversial, is certified by the State to have been carried out in accordance with all standards applicable to such projects under this section, and is determined by the Secretary upon completion to be no longer a deficient bridge—
(A) any amount expended after the date of enactment of this subsection from State and local sources for the project in excess of 20 percent of the cost of construction of the project may be credited to the non-Federal share of the cost of other bridge projects in the State that are eligible for Federal funds under this section; and
(B) that crediting shall be conducted in accordance with procedures established by the Secretary.
(g)
Special Rule for Areas of Less Than 5,000 Population.—
(1)
Special rule.—
Notwithstanding subsection (c), and except as provided in paragraph (2), up to 15 percent of the amounts required to be obligated by a State under subsection (d)(1)(A)(ii) for each of fiscal years 2016 through 2020 may be obligated on roads functionally classified as minor collectors.
(2)
Suspension.—
The Secretary may suspend the application of paragraph (1) with respect to a State if the Secretary determines that the authority provided under paragraph (1) is being used excessively by the State.
(h)
STP Set-Aside.—
(1)
Reservation of funds.—
Of the funds apportioned to a State under section 104(b)(2) for each fiscal year, the Secretary shall reserve an amount such that—
(A)
the Secretary reserves a total under this subsection of—
(i) $835,000,000 for each of fiscal years 2016 and 2017; and
(ii) $850,000,000 for each of fiscal years 2018 through 2020; and
(B)
the State’s share of that total is determined by multiplying the amount under subparagraph (A) by the ratio that—
(i) the amount apportioned to the State for the transportation enhancements program for fiscal year 2009 under section 133(d)(2), as in effect on the day before the date of enactment of MAP–21; bears to
(ii) the total amount of funds apportioned to all States for the transportation enhancements program for fiscal year 2009.
(2)
Allocation within a state.—
Funds reserved for a State under paragraph (1) shall be obligated within that State in the manner described in subsection (d), except that, for purposes of this paragraph (after funds are made available under paragraph (5))—
(A) for each fiscal year, the percentage referred to in paragraph (1)(A) of that subsection shall be deemed to be 50 percent; and
(B)
the following provisions shall not apply:
(i) Paragraph (3) of subsection (d).
(ii) Subsection (e).
(3)
Eligible projects.—
Funds reserved under this subsection may be obligated for projects or activities described in section 101(a)(29) or 213, as such provisions were in effect on the day before the date of enactment of the FAST Act.
(4)
Access to funds.—
(A)
In general.—
A State or metropolitan planning organization required to obligate funds in accordance with paragraph (2) shall develop a competitive process to allow eligible entities to submit projects for funding that achieve the objectives of this subsection. A metropolitan planning organization for an area described in subsection (d)(1)(A)(i) shall select projects under such process in consultation with the relevant State.
(B)
Eligible entity defined.—
In this paragraph, the term “eligible entity” means—
(i) a local government;
(ii) a regional transportation authority;
(iii) a transit agency;
(iv) a natural resource or public land agency;
(v) a school district, local education agency, or school;
(vi) a tribal government;
(vii) a nonprofit entity responsible for the administration of local transportation safety programs; and
(viii) any other local or regional governmental entity with responsibility for or oversight of transportation or recreational trails (other than a metropolitan planning organization or a State agency) that the State determines to be eligible, consistent with the goals of this subsection.
(5)
Continuation of certain recreational trails projects.—
For each fiscal year, a State shall—
(A) obligate an amount of funds reserved under this section equal to the amount of the funds apportioned to the State for fiscal year 2009 under section 104(h)(2), as in effect on the day before the date of enactment of MAP–21, for projects relating to recreational trails under section 206;
(B) return 1 percent of those funds to the Secretary for the administration of that program; and
(C) comply with the provisions of the administration of the recreational trails program under section 206, including the use of apportioned funds described in subsection (d)(3)(A) of that section.
(6)
State flexibility.—
(A)
Recreational trails.—
A State may opt out of the recreational trails program under paragraph (5) if the Governor of the State notifies the Secretary not later than 30 days prior to apportionments being made for any fiscal year.
(B)
Large urbanized areas.—
A metropolitan planning area may use not to exceed 50 percent of the funds reserved under this subsection for an urbanized area described in subsection (d)(1)(A)(i) for any purpose eligible under subsection (b).
(7)
Annual reports.—
(A)
In general.—
Each State or metropolitan planning organization responsible for carrying out the requirements of this subsection shall submit to the Secretary an annual report that describes—
(i)
the number of project applications received for each fiscal year, including—
(I) the aggregate cost of the projects for which applications are received; and(II) the types of projects to be carried out, expressed as percentages of the total apportionment of the State under this subsection; and
(ii) the number of projects selected for funding for each fiscal year, including the aggregate cost and location of projects selected.
(B)
Public availability.—
(i)
Treatment of Projects.—
Notwithstanding any other provision of law, projects funded under this section (excluding those carried out under subsection (h)(5)) shall be treated as projects on a Federal-aid highway under this chapter.
(Added Pub. L. 102–240, title I, § 1007(a)(1), Dec. 18, 1991, 105 Stat. 1927; amended Pub. L. 103–429, § 3(4), Oct. 31, 1994, 108 Stat. 4377; Pub. L. 104–59, title III, §§ 315, 316, Nov. 28, 1995, 109 Stat. 586, 587; Pub. L. 105–178, title I, §§ 1108(a)–(e), 1212(a)(2)(A)(i), June 9, 1998, 112 Stat. 138–140, 193; Pub. L. 109–59, title I, § 1113(a)–(b)(2), (c)–(e), title VI, § 6006(a)(2), Aug. 10, 2005, 119 Stat. 1171, 1172, 1872; Pub. L. 112–141, div. A, title I, §§ 1108, 1519(c)(7), formerly § 1519(c)(8), July 6, 2012, 126 Stat. 440, 576, renumbered § 1519(c)(7), Pub. L. 114–94, div. A, title I, § 1446(d)(5)(B), Dec. 4, 2015, 129 Stat. 1438; Pub. L. 114–94, div. A, title I, §§ 1109(b), 1407(b), 1446(d)(5)(C), Dec. 4, 2015, 129 Stat. 1338, 1410, 1438.)
§ 134.
Metropolitan transportation planning
(a)
Policy.—
It is in the national interest—
(1) to encourage and promote the safe and efficient management, operation, and development of surface transportation systems that will serve the mobility needs of people and freight, foster economic growth and development within and between States and urbanized areas, and take into consideration resiliency needs while minimizing transportation-related fuel consumption and air pollution through metropolitan and statewide transportation planning processes identified in this chapter; and
(2) to encourage the continued improvement and evolution of the metropolitan and statewide transportation planning processes by metropolitan planning organizations, State departments of transportation, and public transit operators as guided by the planning factors identified in subsection (h) and section 135(d).
(b)
Definitions.—
In this section and section 135, the following definitions apply:
(1)
Metropolitan planning area.—
The term “metropolitan planning area” means the geographic area determined by agreement between the metropolitan planning organization for the area and the Governor under subsection (e).
(2)
Metropolitan planning organization.—
The term “metropolitan planning organization” means the policy board of an organization established as a result of the designation process under subsection (d).
(3)
Nonmetropolitan area.—
The term “nonmetropolitan area” means a geographic area outside designated metropolitan planning areas.
(4)
Nonmetropolitan local official.—
The term “nonmetropolitan local official” means elected and appointed officials of general purpose local government in a nonmetropolitan area with responsibility for transportation.
(5)
Regional transportation planning organization.—
The term “regional transportation planning organization” means a policy board of an organization established as the result of a designation under section 135(m).
(6)
TIP.—
The term “TIP” means a transportation improvement program developed by a metropolitan planning organization under subsection (j).
(7)
Urbanized area.—
The term “urbanized area” means a geographic area with a population of 50,000 or more, as determined by the Bureau of the Census.
(c)
General Requirements.—
(1)
Development of long-range plans and tips.—
To accomplish the objectives in subsection (a), metropolitan planning organizations designated under subsection (d), in cooperation with the State and public transportation operators, shall develop long-range transportation plans and transportation improvement programs through a performance-driven, outcome-based approach to planning for metropolitan areas of the State.
(2)
Contents.—
The plans and TIPs for each metropolitan area shall provide for the development and integrated management and operation of transportation systems and facilities (including accessible pedestrian walkways, bicycle transportation facilities, and intermodal facilities that support intercity transportation, including intercity buses and intercity bus facilities and commuter vanpool providers) that will function as an intermodal transportation system for the metropolitan planning area and as an integral part of an intermodal transportation system for the State and the United States.
(3)
Process of development.—
The process for developing the plans and TIPs shall provide for consideration of all modes of transportation and shall be continuing, cooperative, and comprehensive to the degree appropriate, based on the complexity of the transportation problems to be addressed.
(d)
Designation of Metropolitan Planning Organizations.—
(1)
In general.—
To carry out the transportation planning process required by this section, a metropolitan planning organization shall be designated for each urbanized area with a population of more than 50,000 individuals—
(A) by agreement between the Governor and units of general purpose local government that together represent at least 75 percent of the affected population (including the largest incorporated city (based on population) as determined by the Bureau of the Census); or
(B) in accordance with procedures established by applicable State or local law.
(2)
Structure.—
Not later than 2 years after the date of enactment of MAP-21, each metropolitan planning organization that serves an area designated as a transportation management area shall consist of—
(A) local elected officials;
(B) officials of public agencies that administer or operate major modes of transportation in the metropolitan area, including representation by providers of public transportation; and
(C) appropriate State officials.
(3)
Representation.—
(A)
In general.—
Designation or selection of officials or representatives under paragraph (2) shall be determined by the metropolitan planning organization according to the bylaws or enabling statute of the organization.
(B)
Public transportation representative.—
Subject to the bylaws or enabling statute of the metropolitan planning organization, a representative of a provider of public transportation may also serve as a representative of a local municipality.
(C)
Powers of certain officials.—
An official described in paragraph (2)(B) shall have responsibilities, actions, duties, voting rights, and any other authority commensurate with other officials described in paragraph (2).
(4)
Limitation on statutory construction.—
Nothing in this subsection shall be construed to interfere with the authority, under any State law in effect on December 18, 1991, of a public agency with multimodal transportation responsibilities—
(A) to develop the plans and TIPs for adoption by a metropolitan planning organization; and
(B) to develop long-range capital plans, coordinate transit services and projects, and carry out other activities pursuant to State law.
(5)
Continuing designation.—
A designation of a metropolitan planning organization under this subsection or any other provision of law shall remain in effect until the metropolitan planning organization is redesignated under paragraph (6).
(6)
Redesignation procedures.—
(A)
In general.—
A metropolitan planning organization may be redesignated by agreement between the Governor and units of general purpose local government that together represent at least 75 percent of the existing planning area population (including the largest incorporated city (based on population) as determined by the Bureau of the Census) as appropriate to carry out this section.
(B)
Restructuring.—
A metropolitan planning organization may be restructured to meet the requirements of paragraph (2) without undertaking a redesignation.
(7)
Designation of more than 1 metropolitan planning organization.—
More than 1 metropolitan planning organization may be designated within an existing metropolitan planning area only if the Governor and the existing metropolitan planning organization determine that the size and complexity of the existing metropolitan planning area make designation of more than 1 metropolitan planning organization for the area appropriate.
(e)
Metropolitan Planning Area Boundaries.—
(1)
In general.—
For the purposes of this section, the boundaries of a metropolitan planning area shall be determined by agreement between the metropolitan planning organization and the Governor.
(2)
Included area.—
Each metropolitan planning area—
(A) shall encompass at least the existing urbanized area and the contiguous area expected to become urbanized within a 20-year forecast period for the transportation plan; and
(B) may encompass the entire metropolitan statistical area or consolidated metropolitan statistical area, as defined by the Bureau of the Census.
(3)
Identification of new urbanized areas within existing planning area boundaries.—
The designation by the Bureau of the Census of new urbanized areas within an existing metropolitan planning area shall not require the redesignation of the existing metropolitan planning organization.
(4)
Existing metropolitan planning areas in nonattainment.—
(A)
In general.—
Notwithstanding paragraph (2), except as provided in subparagraph (B), in the case of an urbanized area designated as a nonattainment area for ozone or carbon monoxide under the Clean Air Act (42 U.S.C. 7401 et seq.) as of the date of enactment of the SAFETEA–LU, the boundaries of the metropolitan planning area in existence as of such date of enactment shall be retained.
(B)
Exception.—
The boundaries described in subparagraph (A) may be adjusted by agreement of the Governor and affected metropolitan planning organizations in the manner described in subsection (d)(6).
(5)
New metropolitan planning areas in nonattainment.—
In the case of an urbanized area designated after the date of enactment of the SAFETEA–LU, as a nonattainment area for ozone or carbon monoxide, the boundaries of the metropolitan planning area—
(A) shall be established in the manner described in subsection (d)(1);
(B) shall encompass the areas described in paragraph (2)(A);
(C) may encompass the areas described in paragraph (2)(B); and
(D) may address any nonattainment area identified under the Clean Air Act (42 U.S.C. 7401 et seq.) for ozone or carbon monoxide.
(f)
Coordination in Multistate Areas.—
(1)
In general.—
The Secretary shall encourage each Governor with responsibility for a portion of a multistate metropolitan area and the appropriate metropolitan planning organizations to provide coordinated transportation planning for the entire metropolitan area.
(2)
Interstate compacts.—
The consent of Congress is granted to any 2 or more States—
(A) to enter into agreements or compacts, not in conflict with any law of the United States, for cooperative efforts and mutual assistance in support of activities authorized under this section as the activities pertain to interstate areas and localities within the States; and
(B) to establish such agencies, joint or otherwise, as the States may determine desirable for making the agreements and compacts effective.
(3)
Reservation of rights.—
The right to alter, amend, or repeal interstate compacts entered into under this subsection is expressly reserved.
(g)
MPO Consultation in Plan and TIP Coordination.—
(1)
Nonattainment areas.—
If more than 1 metropolitan planning organization has authority within a metropolitan area or an area which is designated as a nonattainment area for ozone or carbon monoxide under the Clean Air Act (42 U.S.C. 7401 et seq.), each metropolitan planning organization shall consult with the other metropolitan planning organizations designated for such area and the State in the coordination of plans and TIPs required by this section.
(2)
Transportation improvements located in multiple mpos.—
If a transportation improvement, funded from the Highway Trust Fund or authorized under chapter 53 of title 49, is located within the boundaries of more than 1 metropolitan planning area, the metropolitan planning organizations shall coordinate plans and TIPs regarding the transportation improvement.
(3)
Relationship with other planning officials.—
(A)
In general.—
The Secretary shall encourage each metropolitan planning organization to consult with officials responsible for other types of planning activities that are affected by transportation in the area (including State and local planned growth, economic development, tourism, natural disaster risk reduction, environmental protection, airport operations, and freight movements) or to coordinate its planning process, to the maximum extent practicable, with such planning activities.
(B)
Requirements.—
Under the metropolitan planning process, transportation plans and TIPs shall be developed with due consideration of other related planning activities within the metropolitan area, and the process shall provide for the design and delivery of transportation services within the metropolitan area that are provided by—
(i) recipients of assistance under chapter 53 of title 49;
(ii) governmental agencies and nonprofit organizations (including representatives of the agencies and organizations) that receive Federal assistance from a source other than the Department of Transportation to provide nonemergency transportation services; and
(iii) recipients of assistance under section 204.
(h)
Scope of Planning Process.—
(1)
In general.—
The metropolitan planning process for a metropolitan planning area under this section shall provide for consideration of projects and strategies that will—
(A) support the economic vitality of the metropolitan area, especially by enabling global competitiveness, productivity, and efficiency;
(B) increase the safety of the transportation system for motorized and nonmotorized users;
(C) increase the security of the transportation system for motorized and nonmotorized users;
(D) increase the accessibility and mobility of people and for freight;
(E) protect and enhance the environment, promote energy conservation, improve the quality of life, and promote consistency between transportation improvements and State and local planned growth and economic development patterns;
(F) enhance the integration and connectivity of the transportation system, across and between modes, for people and freight;
(G) promote efficient system management and operation;
(H) emphasize the preservation of the existing transportation system;
(I) improve the resiliency and reliability of the transportation system and reduce or mitigate stormwater impacts of surface transportation; and
(J) enhance travel and tourism.
(2)
Performance-based approach.—
(A)
In general
The metropolitan transportation planning process shall provide for the establishment and use of a performance-based approach to transportation decisionmaking to support the national goals described in section 150(b) of this title and the general purposes described in section 5301 of title 49.
(B)
Performance targets.—
(i)
Surface transportation performance targets.—
(I)
In general.—
Each metropolitan planning organization shall establish performance targets that address the performance measures described in section 150(c), where applicable, to use in tracking progress towards attainment of critical outcomes for the region of the metropolitan planning organization.(II)
Coordination.—
Selection of performance targets by a metropolitan planning organization shall be coordinated with the relevant State to ensure consistency, to the maximum extent practicable.
(ii)
Public transportation performance targets.—
Selection of performance targets by a metropolitan planning organization shall be coordinated, to the maximum extent practicable, with providers of public transportation to ensure consistency with sections 5326(c) and 5329(d) of title 49.
(C)
Timing.—
Each metropolitan planning organization shall establish the performance targets under subparagraph (B) not later than 180 days after the date on which the relevant State or provider of public transportation establishes the performance targets.
(D)
Integration of other performance-based plans.—
A metropolitan planning organization shall integrate in the metropolitan transportation planning process, directly or by reference, the goals, objectives, performance measures, and targets described in other State transportation plans and transportation processes, as well as any plans developed under chapter 53 of title 49 by providers of public transportation, required as part of a performance-based program.
(3)
Failure to consider factors.—
The failure to consider any factor specified in paragraphs (1) and (2) shall not be reviewable by any court under this title or chapter 53 of title 49, subchapter II of chapter 5 of title 5, or chapter 7 of title 5 in any matter affecting a transportation plan, a TIP, a project or strategy, or the certification of a planning process.
(i)
Development of Transportation Plan.—
(1)
Requirements.—
(A)
In general.—
Each metropolitan planning organization shall prepare and update a transportation plan for its metropolitan planning area in accordance with the requirements of this subsection.
(B)
Frequency.—
(i)
In general.—
The metropolitan planning organization shall prepare and update such plan every 4 years (or more frequently, if the metropolitan planning organization elects to update more frequently) in the case of each of the following:
(I) Any area designated as nonattainment, as defined in section 107(d) of the Clean Air Act (42 U.S.C. 7407(d)).(II) Any area that was nonattainment and subsequently designated to attainment in accordance with section 107(d)(3) of that Act (42 U.S.C. 7407(d)(3)) and that is subject to a maintenance plan under section 175A of that Act (42 U.S.C. 7505a).
(ii)
Other areas.—
In the case of any other area required to have a transportation plan in accordance with the requirements of this subsection, the metropolitan planning organization shall prepare and update such plan every 5 years unless the metropolitan planning organization elects to update more frequently.
(2)
Transportation plan.—
A transportation plan under this section shall be in a form that the Secretary determines to be appropriate and shall contain, at a minimum, the following:
(A)
Identification of transportation facilities.—
(i)
In general.—
An identification of transportation facilities (including major roadways, public transportation facilities, intercity bus facilities, multimodal and intermodal facilities, nonmotorized transportation facilities, and intermodal connectors) that should function as an integrated metropolitan transportation system, giving emphasis to those facilities that serve important national and regional transportation functions.
(ii)
Factors.—
In formulating the transportation plan, the metropolitan planning organization shall consider factors described in subsection (h) as the factors relate to a 20-year forecast period.
(B)
Performance measures and targets.—
A description of the performance measures and performance targets used in assessing the performance of the transportation system in accordance with subsection (h)(2).
(C)
System performance report.—
A system performance report and subsequent updates evaluating the condition and performance of the transportation system with respect to the performance targets described in subsection (h)(2), including—
(i) progress achieved by the metropolitan planning organization in meeting the performance targets in comparison with system performance recorded in previous reports; and
(ii) for metropolitan planning organizations that voluntarily elect to develop multiple scenarios, an analysis of how the preferred scenario has improved the conditions and performance of the transportation system and how changes in local policies and investments have impacted the costs necessary to achieve the identified performance targets.
(D)
Mitigation activities.—
(i)
In general.—
A long-range transportation plan shall include a discussion of types of potential environmental mitigation activities and potential areas to carry out these activities, including activities that may have the greatest potential to restore and maintain the environmental functions affected by the plan.
(ii)
Consultation.—
The discussion shall be developed in consultation with Federal, State, and tribal wildlife, land management, and regulatory agencies.
(E)
Financial plan.—
(i)
In general.—
A financial plan that—
(I) demonstrates how the adopted transportation plan can be implemented;(II) indicates resources from public and private sources that are reasonably expected to be made available to carry out the plan; and(III) recommends any additional financing strategies for needed projects and programs.
(ii)
Inclusions.—
The financial plan may include, for illustrative purposes, additional projects that would be included in the adopted transportation plan if reasonable additional resources beyond those identified in the financial plan were available.
(iii)
Cooperative development.—
For the purpose of developing the transportation plan, the metropolitan planning organization, transit operator, and State shall cooperatively develop estimates of funds that will be available to support plan implementation.
(F)
Operational and management strategies.—
Operational and management strategies to improve the performance of existing transportation facilities to relieve vehicular congestion and maximize the safety and mobility of people and goods.
(G)
Capital investment and other strategies.—
Capital investment and other strategies to preserve the existing and projected future metropolitan transportation infrastructure, provide for multimodal capacity increases based on regional priorities and needs, and reduce the vulnerability of the existing transportation infrastructure to natural disasters.
(H)
Transportation and transit enhancement activities.—
Proposed transportation and transit enhancement activities including consideration of the role that intercity buses may play in reducing congestion, pollution, and energy consumption in a cost-effective manner and strategies and investments that preserve and enhance intercity bus systems, including systems that are privately owned and operated.
(3)
Coordination with clean air act agencies.—
In metropolitan areas that are in nonattainment for ozone or carbon monoxide under the Clean Air Act (42 U.S.C. 7401 et seq.), the metropolitan planning organization shall coordinate the development of a transportation plan with the process for development of the transportation control measures of the State implementation plan required by that Act.
(4)
Optional scenario development.—
(A)
In general.—
A metropolitan planning organization may, while fitting the needs and complexity of its community, voluntarily elect to develop multiple scenarios for consideration as part of the development of the metropolitan transportation plan, in accordance with subparagraph (B).
(B)
Recommended components.—
A metropolitan planning organization that chooses to develop multiple scenarios under subparagraph (A) shall be encouraged to consider—
(i) potential regional investment strategies for the planning horizon;
(ii) assumed distribution of population and employment;
(iii) a scenario that, to the maximum extent practicable, maintains baseline conditions for the performance measures identified in subsection (h)(2);
(iv) a scenario that improves the baseline conditions for as many of the performance measures identified in subsection (h)(2) as possible;
(v) revenue constrained scenarios based on the total revenues expected to be available over the forecast period of the plan; and
(vi) estimated costs and potential revenues available to support each scenario.
(C)
Metrics.—
In addition to the performance measures identified in section 150(c), metropolitan planning organizations may evaluate scenarios developed under this paragraph using locally-developed measures.
(5)
Consultation.—
(A)
In general.—
In each metropolitan area, the metropolitan planning organization shall consult, as appropriate, with State and local agencies responsible for land use management, natural resources, environmental protection, conservation, and historic preservation concerning the development of a long-range transportation plan.
(B)
Issues.—
The consultation shall involve, as appropriate—
(i) comparison of transportation plans with State conservation plans or maps, if available; or
(ii) comparison of transportation plans to inventories of natural or historic resources, if available.
(6)
Participation by interested parties.—
(A)
In general.—
Each metropolitan planning organization shall provide citizens, affected public agencies, representatives of public transportation employees, public ports, freight shippers, providers of freight transportation services, private providers of transportation (including intercity bus operators, employer-based commuting programs, such as a carpool program, vanpool program, transit benefit program, parking cash-out program, shuttle program, or telework program), representatives of users of public transportation, representatives of users of pedestrian walkways and bicycle transportation facilities, representatives of the disabled, and other interested parties with a reasonable opportunity to comment on the transportation plan.
(B)
Contents of participation plan.—
A participation plan—
(i) shall be developed in consultation with all interested parties; and
(ii) shall provide that all interested parties have reasonable opportunities to comment on the contents of the transportation plan.
(C)
Methods.—
In carrying out subparagraph (A), the metropolitan planning organization shall, to the maximum extent practicable—
(i) hold any public meetings at convenient and accessible locations and times;
(ii) employ visualization techniques to describe plans; and
(iii) make public information available in electronically accessible format and means, such as the World Wide Web, as appropriate to afford reasonable opportunity for consideration of public information under subparagraph (A).
(7)
Publication.—
A transportation plan involving Federal participation shall be published or otherwise made readily available by the metropolitan planning organization for public review, including (to the maximum extent practicable) in electronically accessible formats and means, such as the World Wide Web, approved by the metropolitan planning organization and submitted for information purposes to the Governor at such times and in such manner as the Secretary shall establish.
(8)
Selection of projects from illustrative list.—
Notwithstanding paragraph (2)(E), a State or metropolitan planning organization shall not be required to select any project from the illustrative list of additional projects included in the financial plan under paragraph (2)(E).
(j)
Metropolitan TIP.—
(1)
Development.—
(A)
In general.—
In cooperation with the State and any affected public transportation operator, the metropolitan planning organization designated for a metropolitan area shall develop a TIP for the metropolitan planning area that—
(i) contains projects consistent with the current metropolitan transportation plan;
(ii) reflects the investment priorities established in the current metropolitan transportation plan; and
(iii) once implemented, is designed to make progress toward achieving the performance targets established under subsection (h)(2).
(B)
Opportunity for comment.—
In developing the TIP, the metropolitan planning organization, in cooperation with the State and any affected public transportation operator, shall provide an opportunity for participation by interested parties in the development of the program, in accordance with subsection (i)(5).
(C)
Funding estimates.—
For the purpose of developing the TIP, the metropolitan planning organization, public transportation agency, and State shall cooperatively develop estimates of funds that are reasonably expected to be available to support program implementation.
(D)
Updating and approval.—
The TIP shall be—
(i) updated at least once every 4 years; and
(ii) approved by the metropolitan planning organization and the Governor.
(2)
Contents.—
(A)
Priority list.—
The TIP shall include a priority list of proposed Federally supported projects and strategies to be carried out within each 4-year period after the initial adoption of the TIP.
(B)
Financial plan.—
The TIP shall include a financial plan that—
(i) demonstrates how the TIP can be implemented;
(ii) indicates resources from public and private sources that are reasonably expected to be available to carry out the program;
(iii) identifies innovative financing techniques to finance projects, programs, and strategies; and
(iv) may include, for illustrative purposes, additional projects that would be included in the approved TIP if reasonable additional resources beyond those identified in the financial plan were available.
(C)
Descriptions.—
Each project in the TIP shall include sufficient descriptive material (such as type of work, termini, length, and other similar factors) to identify the project or phase of the project.
(D)
Performance target achievement.—
The transportation improvement program shall include, to the maximum extent practicable, a description of the anticipated effect of the transportation improvement program toward achieving the performance targets established in the metropolitan transportation plan, linking investment priorities to those performance targets.
(3)
Included projects.—
(A)
Projects under this title and chapter 53 of title 49.—
A TIP developed under this subsection for a metropolitan area shall include the projects within the area that are proposed for funding under chapter 1 of this title and chapter 53 of title 49.
(B)
Projects under chapter 2.—
(i)
Regionally significant projects.—
Regionally significant projects proposed for funding under chapter 2 shall be identified individually in the transportation improvement program.
(ii)
Other projects.—
Projects proposed for funding under chapter 2 that are not determined to be regionally significant shall be grouped in 1 line item or identified individually in the transportation improvement program.
(C)
Consistency with long-range transportation plan.—
Each project shall be consistent with the long-range transportation plan developed under subsection (i) for the area.
(D)
Requirement of anticipated full funding.—
The program shall include a project, or an identified phase of a project, only if full funding can reasonably be anticipated to be available for the project or the identified phase within the time period contemplated for completion of the project or the identified phase.
(4)
Notice and comment.—
Before approving a TIP, a metropolitan planning organization, in cooperation with the State and any affected public transportation operator, shall provide an opportunity for participation by interested parties in the development of the program, in accordance with subsection (i)(5).
(5)
Selection of projects.—
(A)
In general.—
Except as otherwise provided in subsection (k)(4) and in addition to the TIP development required under paragraph (1), the selection of Federally funded projects in metropolitan areas shall be carried out, from the approved TIP—
(i)
by—
(I) in the case of projects under this title, the State; and(II) in the case of projects under chapter 53 of title 49, the designated recipients of public transportation funding; and
(ii) in cooperation with the metropolitan planning organization.
(B)
Modifications to project priority.—
Notwithstanding any other provision of law, action by the Secretary shall not be required to advance a project included in the approved TIP in place of another project in the program.
(6)
Selection of projects from illustrative list.—
(A)
No required selection.—
Notwithstanding paragraph (2)(B)(iv), a State or metropolitan planning organization shall not be required to select any project from the illustrative list of additional projects included in the financial plan under paragraph (2)(B)(iv).
(B)
Required action by the secretary.—
Action by the Secretary shall be required for a State or metropolitan planning organization to select any project from the illustrative list of additional projects included in the financial plan under paragraph (2)(B)(iv) for inclusion in an approved TIP.
(7)
Publication.—
(A)
Publication of tips.—
A TIP involving Federal participation shall be published or otherwise made readily available by the metropolitan planning organization for public review.
(B)
Publication of annual listings of projects.—
(i)
In general.—
An annual listing of projects, including investments in pedestrian walkways and bicycle transportation facilities, for which Federal funds have been obligated in the preceding year shall be published or otherwise made available by the cooperative effort of the State, transit operator, and metropolitan planning organization for public review.
(ii)
Requirement.—
The listing shall be consistent with the categories identified in the TIP.
(k)
Transportation Management Areas.—
(1)
Identification and designation.—
(A)
Required identification.—
The Secretary shall identify as a transportation management area each urbanized area (as defined by the Bureau of the Census) with a population of over 200,000 individuals.
(B)
Designations on request.—
The Secretary shall designate any additional area as a transportation management area on the request of the Governor and the metropolitan planning organization designated for the area.
(2)
Transportation plans.—
In a transportation management area, transportation plans shall be based on a continuing and comprehensive transportation planning process carried out by the metropolitan planning organization in cooperation with the State and public transportation operators.
(3)
Congestion management process.—
(A)
In general.—
Within a metropolitan planning area serving a transportation management area, the transportation planning process under this section shall address congestion management through a process that provides for effective management and operation, based on a cooperatively developed and implemented metropolitan-wide strategy, of new and existing transportation facilities eligible for funding under this title and chapter 53 of title 49 through the use of travel demand reduction (including intercity bus operators, employer-based commuting programs such as a carpool program, vanpool program, transit benefit program, parking cash-out program, shuttle program, or telework program), job access projects, and operational management strategies.
(B)
Schedule.—
The Secretary shall establish an appropriate phase-in schedule for compliance with the requirements of this section but no sooner than 1 year after the identification of a transportation management area.
(C)
Congestion management plan.—
A metropolitan planning organization serving a transportation management area may develop a plan that includes projects and strategies that will be considered in the TIP of such metropolitan planning organization. Such plan shall—
(i) develop regional goals to reduce vehicle miles traveled during peak commuting hours and improve transportation connections between areas with high job concentration and areas with high concentrations of low-income households;
(ii) identify existing public transportation services, employer-based commuter programs, and other existing transportation services that support access to jobs in the region; and
(iii) identify proposed projects and programs to reduce congestion and increase job access opportunities.
(D)
Participation.—
In developing the plan under subparagraph (C), a metropolitan planning organization shall consult with employers, private and nonprofit providers of public transportation, transportation management organizations, and organizations that provide job access reverse commute projects or job-related services to low-income individuals.
(4)
Selection of projects.—
(A)
In general.—
All Federally funded projects carried out within the boundaries of a metropolitan planning area serving a transportation management area under this title (excluding projects carried out on the National Highway System) or under chapter 53 of title 49 shall be selected for implementation from the approved TIP by the metropolitan planning organization designated for the area in consultation with the State and any affected public transportation operator.
(B)
National highway system projects.—
Projects carried out within the boundaries of a metropolitan planning area serving a transportation management area on the National Highway System shall be selected for implementation from the approved TIP by the State in cooperation with the metropolitan planning organization designated for the area.
(5)
Certification.—
(A)
In general.—
The Secretary shall—
(i) ensure that the metropolitan planning process of a metropolitan planning organization serving a transportation management area is being carried out in accordance with applicable provisions of Federal law; and
(ii) subject to subparagraph (B), certify, not less often than once every 4 years, that the requirements of this paragraph are met with respect to the metropolitan planning process.
(B)
Requirements for certification.—
The Secretary may make the certification under subparagraph (A) if—
(i) the transportation planning process complies with the requirements of this section and other applicable requirements of Federal law; and
(ii) there is a TIP for the metropolitan planning area that has been approved by the metropolitan planning organization and the Governor.
(C)
Effect of failure to certify.—
(i)
Withholding of project funds.—
If a metropolitan planning process of a metropolitan planning organization serving a transportation management area is not certified, the Secretary may withhold up to 20 percent of the funds attributable to the metropolitan planning area of the metropolitan planning organization for projects funded under this title and chapter 53 of title 49.
(ii)
Restoration of withheld funds.—
The withheld funds shall be restored to the metropolitan planning area at such time as the metropolitan planning process is certified by the Secretary.
(D)
Review of certification.—
In making certification determinations under this paragraph, the Secretary shall provide for public involvement appropriate to the metropolitan area under review.
(l)
Report on Performance-based Planning Processes.—
(1)
In general.—
The Secretary shall submit to Congress a report on the effectiveness of the performance-based planning processes of metropolitan planning organizations under this section, taking into consideration the requirements of this subsection.
(2)
Report.—
Not later than 5 years after the date of enactment of the MAP–21, the Secretary shall submit to Congress a report evaluating—
(A) the overall effectiveness of performance-based planning as a tool for guiding transportation investments;
(B) the effectiveness of the performance-based planning process of each metropolitan planning organization under this section;
(C) the extent to which metropolitan planning organizations have achieved, or are currently making substantial progress toward achieving, the performance targets specified under this section and whether metropolitan planning organizations are developing meaningful performance targets; and
(D) the technical capacity of metropolitan planning organizations that operate within a metropolitan planning area with a population of 200,000 or less and their ability to carry out the requirements of this section.
(3)
Publication.—
The report under paragraph (2) shall be published or otherwise made available in electronically accessible formats and means, including on the Internet.
(m)
Abbreviated Plans for Certain Areas.—
(1)
In general.—
Subject to paragraph (2), in the case of a metropolitan area not designated as a transportation management area under this section, the Secretary may provide for the development of an abbreviated transportation plan and TIP for the metropolitan planning area that the Secretary determines is appropriate to achieve the purposes of this section, taking into account the complexity of transportation problems in the area.
(2)
Nonattainment areas.—
The Secretary may not permit abbreviated plans or TIPs for a metropolitan area that is in nonattainment for ozone or carbon monoxide under the Clean Air Act (42 U.S.C. 7401 et seq.).
(n)
Additional Requirements for Certain Nonattainment Areas.—
(1)
In general.—
Notwithstanding any other provisions of this title or chapter 53 of title 49, for transportation management areas classified as nonattainment for ozone or carbon monoxide pursuant to the Clean Air Act (42 U.S.C. 7401 et seq.), Federal funds may not be advanced in such area for any highway project that will result in a significant increase in the carrying capacity for single-occupant vehicles unless the project is addressed through a congestion management process.
(2)
Applicability.—
This subsection applies to a nonattainment area within the metropolitan planning area boundaries determined under subsection (e).
(o)
Limitation on Statutory Construction.—
Nothing in this section shall be construed to confer on a metropolitan planning organization the authority to impose legal requirements on any transportation facility, provider, or project not eligible under this title or chapter 53 of title 49.
(p)
Funding.—
Funds apportioned under paragraphs (5)(D) and (6) of section 104(b) of this title or section 5305(g) of title 49 shall be available to carry out this section.
(q)
Continuation of Current Review Practice.—
Since plans and TIPs described in this section are subject to a reasonable opportunity for public comment, since individual projects included in plans and TIPs are subject to review under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), and since decisions by the Secretary concerning plans and TIPs described in this section have not been reviewed under that Act as of January 1, 1997, any decision by the Secretary concerning a plan or TIP described in this section shall not be considered to be a Federal action subject to review under that Act.
(r)
Bi-State Metropolitan Planning Organization.—
(1)
Definition of bi-state mpo region.—
In this subsection, the term “Bi-State MPO Region” has the meaning given the term “region” in subsection (a) of Article II of the Lake Tahoe Regional Planning Compact (Public Law 96–551; 94 Stat. 3234).
(2)
Treatment.—
For the purpose of this title, the Bi-State MPO Region shall be treated as—
(A) a metropolitan planning organization;
(B) a transportation management area under subsection (k); and
(C) an urbanized area, which is comprised of a population of 145,000 in the State of California and a population of 65,000 in the State of Nevada.
(3)
Suballocated funding.—
(A)
Planning.—
In determining the amounts under subparagraph (A) of section 133(d)(1) that shall be obligated for a fiscal year in the States of California and Nevada under clauses (i), (ii), and (iii) of that subparagraph, the Secretary shall, for each of those States—
(i) calculate the population under each of those clauses;
(ii) decrease the amount under section 133(d)(1)(A)(iii) by the population specified in paragraph (2) of this subsection for the Bi-State MPO Region in that State; and
(iii) increase the amount under section 133(d)(1)(A)(i) by the population specified in paragraph (2) of this subsection for the Bi-State MPO Region in that State.
(B)
STBGP set aside.—
In determining the amounts under paragraph (2) of section 133(h) that shall be obligated for a fiscal year in the States of California and Nevada, the Secretary shall, for the purpose of that subsection, calculate the populations for each of those States in a manner consistent with subparagraph (A).
(Added Pub. L. 87–866, § 9(a),
§ 135.
Statewide and nonmetropolitan transportation planning
(a)
General Requirements.—
(1)
Development of plans and programs.—
Subject to section 134, to accomplish the objectives stated in section 134(a), each State shall develop a statewide transportation plan and a statewide transportation improvement program for all areas of the State.
(2)
Contents.—
The statewide transportation plan and the transportation improvement program developed for each State shall provide for the development and integrated management and operation of transportation systems and facilities (including accessible pedestrian walkways, bicycle transportation facilities, and intermodal facilities that support intercity transportation, including intercity buses and intercity bus facilities and commuter van pool providers) that will function as an intermodal transportation system for the State and an integral part of an intermodal transportation system for the United States.
(3)
Process of development.—
The process for developing the statewide plan and the transportation improvement program shall provide for consideration of all modes of transportation and the policies stated in section 134(a) and shall be continuing, cooperative, and comprehensive to the degree appropriate, based on the complexity of the transportation problems to be addressed.
(b)
Coordination With Metropolitan Planning; State Implementation Plan.—
A State shall—
(1) coordinate planning carried out under this section with the transportation planning activities carried out under section 134 for metropolitan areas of the State and with statewide trade and economic development planning activities and related multistate planning efforts; and
(2) develop the transportation portion of the State implementation plan as required by the Clean Air Act (42 U.S.C. 7401 et seq.).
(c)
Interstate Agreements.—
(1)
In general.—
Two or more States may enter into agreements or compacts, not in conflict with any law of the United States, for cooperative efforts and mutual assistance in support of activities authorized under this section related to interstate areas and localities in the States and establishing authorities the States consider desirable for making the agreements and compacts effective.
(2)
Reservation of rights.—
The right to alter, amend, or repeal interstate compacts entered into under this subsection is expressly reserved.
(d)
Scope of Planning Process.—
(1)
In general.—
Each State shall carry out a statewide transportation planning process that provides for consideration and implementation of projects, strategies, and services that will—
(A) support the economic vitality of the United States, the States, nonmetropolitan areas, and metropolitan areas, especially by enabling global competitiveness, productivity, and efficiency;
(B) increase the safety of the transportation system for motorized and nonmotorized users;
(C) increase the security of the transportation system for motorized and nonmotorized users;
(D) increase the accessibility and mobility of people and freight;
(E) protect and enhance the environment, promote energy conservation, improve the quality of life, and promote consistency between transportation improvements and State and local planned growth and economic development patterns;
(F) enhance the integration and connectivity of the transportation system, across and between modes throughout the State, for people and freight;
(G) promote efficient system management and operation;
(H) emphasize the preservation of the existing transportation system;
(I) improve the resiliency and reliability of the transportation system and reduce or mitigate stormwater impacts of surface transportation; and
(J) enhance travel and tourism.
(2)
Performance-based approach.—
(A)
In general.—
The statewide transportation planning process shall provide for the establishment and use of a performance-based approach to transportation decisionmaking to support the national goals described in section 150(b) of this title and the general purposes described in section 5301 of title 49.
(B)
Performance targets.—
(i)
Surface transportation performance targets.—
(I)
In general.—
Each State shall establish performance targets that address the performance measures described in section 150(c), where applicable, to use in tracking progress towards attainment of critical outcomes for the State.(II)
Coordination.—
Selection of performance targets by a State shall be coordinated with the relevant metropolitan planning organizations to ensure consistency, to the maximum extent practicable.
(ii)
Public transportation performance targets.—
In areas not represented by a metropolitan planning organization, selection of performance targets by a State shall be coordinated, to the maximum extent practicable, with providers of public transportation to ensure consistency with sections 5326(c) and 5329(d) of title 49.
(C)
Integration of other performance-based plans.—
A State shall integrate into the statewide transportation planning process, directly or by reference, the goals, objectives, performance measures, and targets described in this paragraph, in other State transportation plans and transportation processes, as well as any plans developed pursuant to chapter 53 of title 49 by providers of public transportation in areas not represented by a metropolitan planning organization required as part of a performance-based program.
(D)
Use of performance measures and targets.—
The performance measures and targets established under this paragraph shall be considered by a State when developing policies, programs, and investment priorities reflected in the statewide transportation plan and statewide transportation improvement program.
(3)
Failure to consider factors.—
The failure to take into consideration the factors specified in paragraphs (1) and (2) shall not be subject to review by any court under this title, chapter 53 of title 49, subchapter II of chapter 5 of title 5, or chapter 7 of title 5 in any matter affecting a statewide transportation plan, a statewide transportation improvement program, a project or strategy, or the certification of a planning process.
(e)
Additional Requirements.—
In carrying out planning under this section, each State shall, at a minimum—
(1) with respect to nonmetropolitan areas, cooperate with affected local officials with responsibility for transportation or, if applicable, through regional transportation planning organizations described in subsection (m);
(2) consider the concerns of Indian tribal governments and Federal land management agencies that have jurisdiction over land within the boundaries of the State; and
(3) consider coordination of transportation plans, the transportation improvement program, and planning activities with related planning activities being carried out outside of metropolitan planning areas and between States.
(f)
Long-range Statewide Transportation Plan.—
(1)
Development.—
Each State shall develop a long-range statewide transportation plan, with a minimum 20-year forecast period for all areas of the State, that provides for the development and implementation of the intermodal transportation system of the State.
(2)
Consultation with governments.—
(A)
Metropolitan areas.—
The statewide transportation plan shall be developed for each metropolitan area in the State in cooperation with the metropolitan planning organization designated for the metropolitan area under section 134.
(B)
Nonmetropolitan areas.—
(i)
In general.—
With respect to nonmetropolitan areas, the statewide transportation plan shall be developed in cooperation with affected nonmetropolitan officials with responsibility for transportation or, if applicable, through regional transportation planning organizations described in subsection (m).
(ii)
Role of secretary.—
The Secretary shall not review or approve the consultation process in each State.
(C)
Indian tribal areas.—
With respect to each area of the State under the jurisdiction of an Indian tribal government, the statewide transportation plan shall be developed in consultation with the tribal government and the Secretary of the Interior.
(D)
Consultation, comparison, and consideration.—
(i)
In general.—
The long-range transportation plan shall be developed, as appropriate, in consultation with State, tribal, and local agencies responsible for land use management, natural resources, environmental protection, conservation, and historic preservation.
(ii)
Comparison and consideration.—
Consultation under clause (i) shall involve comparison of transportation plans to State and tribal conservation plans or maps, if available, and comparison of transportation plans to inventories of natural or historic resources, if available.
(3)
Participation by interested parties.—
(A)
In general.—
In developing the statewide transportation plan, the State shall provide to—
(i) nonmetropolitan local elected officials or, if applicable, through regional transportation planning organizations described in subsection (m), an opportunity to participate in accordance with subparagraph (B)(i); and
(ii) citizens, affected public agencies, representatives of public transportation employees, public ports, freight shippers, private providers of transportation (including intercity bus operators, employer-based commuting programs, such as a carpool program, vanpool program, transit benefit program, parking cash-out program, shuttle program, or telework program), representatives of users of public transportation, representatives of users of pedestrian walkways and bicycle transportation facilities, representatives of the disabled, providers of freight transportation services, and other interested parties a reasonable opportunity to comment on the proposed plan.
(B)
Methods.—
In carrying out subparagraph (A), the State shall, to the maximum extent practicable—
(i) develop and document a consultative process to carry out subparagraph (A)(i) that is separate and discrete from the public involvement process developed under clause (ii);
(ii) hold any public meetings at convenient and accessible locations and times;
(iii) employ visualization techniques to describe plans; and
(iv) make public information available in electronically accessible format and means, such as the World Wide Web, as appropriate to afford reasonable opportunity for consideration of public information under subparagraph (A).
(4)
Mitigation activities.—
(A)
In general.—
A long-range transportation plan shall include a discussion of potential environmental mitigation activities and potential areas to carry out these activities, including activities that may have the greatest potential to restore and maintain the environmental functions affected by the plan.
(B)
Consultation.—
The discussion shall be developed in consultation with Federal, State, and tribal wildlife, land management, and regulatory agencies.
(5)
Financial plan.—
The statewide transportation plan may include—
a financial plan that—
(i) demonstrates how the adopted statewide transportation plan can be implemented;
(ii) indicates resources from public and private sources that are reasonably expected to be made available to carry out the plan; and
(iii) recommends any additional financing strategies for needed projects and programs; and
(B) for illustrative purposes, additional projects that would be included in the adopted statewide transportation plan if reasonable additional resources beyond those identified in the financial plan were available.
(6)
Selection of projects from illustrative list.—
A State shall not be required to select any project from the illustrative list of additional projects included in the financial plan described in paragraph (5).
(7)
Performance-based approach.—
The statewide transportation plan shall include—
(A) a description of the performance measures and performance targets used in assessing the performance of the transportation system in accordance with subsection (d)(2); and
(B) a system performance report and subsequent updates evaluating the condition and performance of the transportation system with respect to the performance targets described in subsection (d)(2), including progress achieved by the metropolitan planning organization in meeting the performance targets in comparison with system performance recorded in previous reports;
(8)
Existing system.—
The statewide transportation plan should include capital, operations and management strategies, investments, procedures, and other measures to ensure the preservation and most efficient use of the existing transportation system, including consideration of the role that intercity buses may play in reducing congestion, pollution, and energy consumption in a cost-effective manner and strategies and investments that preserve and enhance intercity bus systems, including systems that are privately owned and operated.
(9)
Publication of long-range transportation plans.—
Each long-range transportation plan prepared by a State shall be published or otherwise made available, including (to the maximum extent practicable) in electronically accessible formats and means, such as the World Wide Web.
(g)
Statewide Transportation Improvement Program.—
(1)
Development.—
(A)
In general.—
Each State shall develop a statewide transportation improvement program for all areas of the State.
(B)
Duration and updating of program.—
Each program developed under subparagraph (A) shall cover a period of 4 years and shall be updated every 4 years or more frequently if the Governor of the State elects to update more frequently.
(2)
Consultation with governments.—
(A)
Metropolitan areas.—
With respect to each metropolitan area in the State, the program shall be developed in cooperation with the metropolitan planning organization designated for the metropolitan area under section 134.
(B)
Nonmetropolitan areas.—
(i)
In general.—
With respect to each nonmetropolitan area in the State, the program shall be developed in consultation with affected nonmetropolitan local officials with responsibility for transportation or, if applicable, through regional transportation planning organizations described in subsection (m).
(ii)
Role of secretary.—
The Secretary shall not review or approve the specific consultation process in the State.
(C)
Indian tribal areas.—
With respect to each area of the State under the jurisdiction of an Indian tribal government, the program shall be developed in consultation with the tribal government and the Secretary of the Interior.
(3)
Participation by interested parties.—
In developing the program, the State shall provide citizens, affected public agencies, representatives of public transportation employees, public ports, freight shippers, private providers of transportation (including intercity bus operators),,1
1 So in original.
providers of freight transportation services, representatives of users of public transportation, representatives of users of pedestrian walkways and bicycle transportation facilities, representatives of the disabled, and other interested parties with a reasonable opportunity to comment on the proposed program.
(4)
Performance target achievement.—
A statewide transportation improvement program shall include, to the maximum extent practicable, a discussion of the anticipated effect of the statewide transportation improvement program toward achieving the performance targets established in the statewide transportation plan, linking investment priorities to those performance targets.
(5)
Included projects.—
(A)
In general.—
A transportation improvement program developed under this subsection for a State shall include Federally supported surface transportation expenditures within the boundaries of the State.
(B)
Listing of projects.—
(i)
In general.—
An annual listing of projects for which funds have been obligated for the preceding year in each metropolitan planning area shall be published or otherwise made available by the cooperative effort of the State, transit operator, and the metropolitan planning organization for public review.
(ii)
Funding categories.—
The listing described in clause (i) shall be consistent with the funding categories identified in each metropolitan transportation improvement program.
(C)
Projects under chapter 2.—
(i)
Regionally significant projects.—
Regionally significant projects proposed for funding under chapter 2 shall be identified individually in the transportation improvement program.
(ii)
Other projects.—
Projects proposed for funding under chapter 2 that are not determined to be regionally significant shall be grouped in 1 line item or identified individually in the transportation improvement program.
(D)
Consistency with statewide transportation plan.—
Each project shall be—
(i) consistent with the statewide transportation plan developed under this section for the State;
(ii) identical to the project or phase of the project as described in an approved metropolitan transportation plan; and
(iii) in conformance with the applicable State air quality implementation plan developed under the Clean Air Act (42 U.S.C. 7401 et seq.), if the project is carried out in an area designated as a nonattainment area for ozone, particulate matter, or carbon monoxide under part D of title I of that Act (42 U.S.C. 7501 et seq.).
(E)
Requirement of anticipated full funding.—
The transportation improvement program shall include a project, or an identified phase of a project, only if full funding can reasonably be anticipated to be available for the project within the time period contemplated for completion of the project.
(F)
Financial plan.—
(i)
In general.—
The transportation improvement program may include a financial plan that demonstrates how the approved transportation improvement program can be implemented, indicates resources from public and private sources that are reasonably expected to be made available to carry out the transportation improvement program, and recommends any additional financing strategies for needed projects and programs.
(ii)
Additional projects.—
The financial plan may include, for illustrative purposes, additional projects that would be included in the adopted transportation plan if reasonable additional resources beyond those identified in the financial plan were available.
(G)
Selection of projects from illustrative list.—
(i)
No required selection.—
Notwithstanding subparagraph (F), a State shall not be required to select any project from the illustrative list of additional projects included in the financial plan under subparagraph (F).
(ii)
Required action by the secretary.—
Action by the Secretary shall be required for a State to select any project from the illustrative list of additional projects included in the financial plan under subparagraph (F) for inclusion in an approved transportation improvement program.
(H)
Priorities.—
The transportation improvement program shall reflect the priorities for programming and expenditures of funds, including transportation enhancement activities, required by this title and chapter 53 of title 49.
(6)
Project selection for areas of less than 50,000 population.—
(A)
In general.—
Projects carried out in areas with populations of less than 50,000 individuals shall be selected, from the approved transportation improvement program (excluding projects carried out on the National Highway System and projects carried out under the bridge program or the Interstate maintenance program under this title or under sections 5310 and 5311 of title 49), by the State in cooperation with the affected nonmetropolitan local officials with responsibility for transportation or, if applicable, through regional transportation planning organizations described in subsection (m).
(B)
Other projects.—
Projects carried out in areas with populations of less than 50,000 individuals on the National Highway System or under the bridge program or the Interstate maintenance program under this title or under sections 5310, 5311, 5316,2
2 See References in Text note below.
and 5317 2 of title 49 shall be selected, from the approved statewide transportation improvement program, by the State in consultation with the affected nonmetropolitan local officials with responsibility for transportation.
(7)
Transportation improvement program approval.—
Every 4 years, a transportation improvement program developed under this subsection shall be reviewed and approved by the Secretary if based on a current planning finding.
(8)
Planning finding.—
A finding shall be made by the Secretary at least every 4 years that the transportation planning process through which statewide transportation plans and programs are developed is consistent with this section and section 134.
(9)
Modifications to project priority.—
Notwithstanding any other provision of law, action by the Secretary shall not be required to advance a project included in the approved transportation improvement program in place of another project in the program.
(h)
Performance-based Planning Processes Evaluation.—
(1)
In general.—
The Secretary shall establish criteria to evaluate the effectiveness of the performance-based planning processes of States, taking into consideration the following:
(A) The extent to which the State is making progress toward achieving, the performance targets described in subsection (d)(2), taking into account whether the State developed appropriate performance targets.
(B) The extent to which the State has made transportation investments that are efficient and cost-effective.
(C)
The extent to which the State—
(i) has developed an investment process that relies on public input and awareness to ensure that investments are transparent and accountable; and
(ii) provides reports allowing the public to access the information being collected in a format that allows the public to meaningfully assess the performance of the State.
(2)
Report.—
(A)
In general.—
Not later than 5 years after the date of enactment of the MAP–21, the Secretary shall submit to Congress a report evaluating—
(i) the overall effectiveness of performance-based planning as a tool for guiding transportation investments; and
(ii) the effectiveness of the performance-based planning process of each State.
(B)
Publication.—
The report under subparagraph (A) shall be published or otherwise made available in electronically accessible formats and means, including on the Internet.
(i)
Funding.—
Funds apportioned under paragraphs (5)(D) and (6) of section 104(b) of this title and set aside under section 5305(g) of title 49 shall be available to carry out this section.
(j)
Treatment of Certain State Laws as Congestion Management Processes.—
For purposes of this section and section 134, and sections 5303 and 5304 of title 49, State laws, rules, or regulations pertaining to congestion management systems or programs may constitute the congestion management process under this section and section 134, and sections 5303 and 5304 of title 49, if the Secretary finds that the State laws, rules, or regulations are consistent with, and fulfill the intent of, the purposes of this section and section 134 and sections 5303 and 5304 of title 49, as appropriate.
(k)
Continuation of Current Review Practice.—
Since the statewide transportation plan and the transportation improvement program described in this section are subject to a reasonable opportunity for public comment, since individual projects included in the statewide transportation plans and the transportation improvement program are subject to review under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), and since decisions by the Secretary concerning statewide transportation plans or the transportation improvement program described in this section have not been reviewed under that Act as of January 1, 1997, any decision by the Secretary concerning a metropolitan or statewide transportation plan or the transportation improvement program described in this section shall not be considered to be a Federal action subject to review under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
(l)
Schedule for Implementation.—
The Secretary shall issue guidance on a schedule for implementation of the changes made by this section, taking into consideration the established planning update cycle for States. The Secretary shall not require a State to deviate from its established planning update cycle to implement changes made by this section. States shall reflect changes made to their transportation plan or transportation improvement program updates not later than 2 years after the date of issuance of guidance by the Secretary under this subsection.
(m)
Designation of Regional Transportation Planning Organizations.—
(1)
In general.—
To carry out the transportation planning process required by this section, a State may establish and designate regional transportation planning organizations to enhance the planning, coordination, and implementation of statewide strategic long-range transportation plans and transportation improvement programs, with an emphasis on addressing the needs of nonmetropolitan areas of the State.
(2)
Structure.—
A regional transportation planning organization shall be established as a multijurisdictional organization of nonmetropolitan local officials or their designees who volunteer for such organization and representatives of local transportation systems who volunteer for such organization.
(3)
Requirements.—
A regional transportation planning organization shall establish, at a minimum—
(A) a policy committee, the majority of which shall consist of nonmetropolitan local officials, or their designees, and, as appropriate, additional representatives from the State, private business, transportation service providers, economic development practitioners, and the public in the region; and
(B) a fiscal and administrative agent, such as an existing regional planning and development organization, to provide professional planning, management, and administrative support.
(4)
Duties.—
The duties of a regional transportation planning organization shall include—
(A) developing and maintaining, in cooperation with the State, regional long-range multimodal transportation plans;
(B) developing a regional transportation improvement program for consideration by the State;
(C) fostering the coordination of local planning, land use, and economic development plans with State, regional, and local transportation plans and programs;
(D) providing technical assistance to local officials;
(E)
(F) providing a forum for public participation in the statewide and regional transportation planning processes;
(G) considering and sharing plans and programs with neighboring regional transportation planning organizations, metropolitan planning organizations, and, where appropriate, tribal organizations; and
(H) conducting other duties, as necessary, to support and enhance the statewide planning process under subsection (d).
(5)
States without regional transportation planning organizations.—
If a State chooses not to establish or designate a regional transportation planning organization, the State shall consult with affected nonmetropolitan local officials to determine projects that may be of regional significance.
(Added Pub. L. 90–495, § 10(a), Aug. 23, 1968, 82 Stat. 820; amended Pub. L. 91–605, title I, §§ 106(g), 125, Dec. 31, 1970, 84 Stat. 1718, 1729; Pub. L. 93–87, title I, § 119, Aug. 13, 1973, 87 Stat. 259; Pub. L. 94–280, title I, § 123(a), May 5, 1976, 90 Stat. 439; Pub. L. 102–240, title I, § 1025(a), Dec. 18, 1991, 105 Stat. 1962; Pub. L. 103–429, § 3(6), Oct. 31, 1994, 108 Stat. 4378; Pub. L. 105–178, title I, § 1204(a)–(h), June 9, 1998, 112 Stat. 180–184; Pub. L. 109–59, title VI, § 6001(a), Aug. 10, 2005, 119 Stat. 1851; Pub. L. 112–141, div. A, title I, § 1202(a), July 6, 2012, 126 Stat. 514; Pub. L. 114–94, div. A, title I, §§ 1104(e)(3), 1202, Dec. 4, 2015, 129 Stat. 1332, 1374.)
§ 136.
Control of junkyards
(a) The Congress hereby finds and declares that the establishment and use and maintenance of junkyards in areas adjacent to the Interstate System and the primary system should be controlled in order to protect the public investment in such highways, to promote the safety and recreational value of public travel, and to preserve natural beauty.
(b) Federal-aid highway funds apportioned on or after January 1, 1968, to any State which the Secretary determines has not made provision for effective control of the establishment and maintenance along the Interstate System and the primary system of outdoor junkyards, which are within one thousand feet of the nearest edge of the right-of-way and visible from the main traveled way of the system, shall be reduced by amounts equal to 7 percent of the amounts which would otherwise be apportioned to such State under paragraphs (1) through (6) of section 104(b), until such time as such State shall provide for such effective control. Any amount which is withheld from apportionment to any State hereunder shall be reapportioned to the other States. Whenever he determines it to be in the public interest, the Secretary may suspend, for such periods as he deems necessary, the application of this subsection to a State.
(c) Effective control means that by January 1, 1968, such junkyards shall be screened by natural objects, plantings, fences, or other appropriate means so as not to be visible from the main traveled way of the system, or shall be removed from sight.
(d) The term “junk” shall mean old or scrap copper, brass, rope, rags, batteries, paper, trash, rubber debris, waste, or junked, dismantled, or wrecked automobiles, or parts thereof, iron, steel, and other old or scrap ferrous or nonferrous material.
(e) The term “automobile graveyard” shall mean any establishment or place of business which is maintained, used, or operated for storing, keeping, buying, or selling wrecked, scrapped, ruined, or dismantled motor vehicles or motor vehicle parts.
(f) The term “junkyard” shall mean an establishment or place of business which is maintained, operated, or used for storing, keeping, buying, or selling junk, or for the maintenance or operation of an automobile graveyard, and the term shall include garbage dumps and sanitary fills.
(g) Notwithstanding any provision of this section, junkyards, auto graveyards, and scrap metal processing facilities may be operated within areas adjacent to the Interstate System and the primary system which are within one thousand feet of the nearest edge of the right-of-way and which are zoned industrial under authority of State law, or which are not zoned under authority of State law, but are used for industrial activities, as determined by the several States subject to approval by the Secretary.
(h) Notwithstanding any provision of this section, any junkyard in existence on the date of enactment of this section which does not conform to the requirements of this section and which the Secretary finds as a practical matter cannot be screened, shall not be required to be removed until July 1, 1970.
(i) The Federal share of landscaping and screening costs under this section shall be 75 per centum.
(j) Just compensation shall be paid the owner for the relocation, removal, or disposal of junk­yards lawfully established under State law. The Federal share of such compensation shall be 75 per centum.
(k) All public lands or reservations of the United States which are adjacent to any portion of the interstate and primary systems shall be effectively controlled in accordance with the provisions of this section.
(l) Nothing in this section shall prohibit a State from establishing standards imposing stricter limitations with respect to outdoor junkyards on the Federal-aid highway systems than those established under this section.
(m) There is authorized to be appropriated to carry out this section, out of any money in the Treasury not otherwise appropriated, not to exceed $20,000,000 for the fiscal year ending June 30, 1966, not to exceed $20,000,000 for the fiscal year ending June 30, 1967, not to exceed $3,000,000 for the fiscal year ending June 30, 1970, not to exceed $3,000,000 for the fiscal year ending June 30, 1971, not to exceed $3,000,000 for the fiscal year ending June 30, 1972, and not to exceed $5,000,000 for the fiscal year ending June 30, 1973. The provisions of this chapter relating to the obligation, period of availability, and expenditure of Federal-aid primary highway funds shall apply to the funds authorized to be appropriated to carry out this section after June 30, 1967.
(n)
Definitions.—
For purposes of this section, the terms “primary system” and “Federal-aid primary system” mean any highway that is on the National Highway System, which includes the Interstate Highway System.
(Added Pub. L. 89–285, title II, § 201, Oct. 22, 1965, 79 Stat. 1030; amended Pub. L. 89–574, § 8(a), Sept. 13, 1966, 80 Stat. 768; Pub. L. 90–495, § 6(e), Aug. 23, 1968, 82 Stat. 818; Pub. L. 91–605, title I, § 122(b), Dec. 31, 1970, 84 Stat. 1726; Pub. L. 93–643, § 110, Jan. 4, 1975, 88 Stat. 2285; Pub. L. 112–141, div. A, title I, § 1404(b), July 6, 2012, 126 Stat. 557; Pub. L. 114–94, div. A, title I, § 1104(e)(4), Dec. 4, 2015, 129 Stat. 1332.)
§ 137.
Fringe and corridor parking facilities
(a) The Secretary may approve as a project on a Federal-aid highway the acquisition of land adjacent to the right-of-way outside a central business district, as defined by the Secretary, and the construction of publicly owned parking facilities thereon or within such right-of-way, including the use of the air space above and below the established grade line of the highway pavement, to serve an urban area of fifty thousand population or more. Such parking facility shall be located and designed in conjunction with existing or planned public transportation facilities. In the event fees are charged for the use of any such facility, the rate thereof shall not be in excess of that required for maintenance and operation (including compensation to any person for operating such facility).
(b)
The Secretary shall not approve any proj­ect under this section until—
(1) he has determined that the State, or the political subdivision thereof, where such proj­ect is to be located, or any agency or instrumentality of such State or political subdivision, has the authority and capability of constructing, maintaining, and operating the facility;
(2) he has entered into an agreement governing the financing, maintenance, and operation of the parking facility with such State, political subdivision, agency, or instrumentality, including necessary requirements to insure that adequate public transportation services will be available to persons using such facility; and
(3) he has approved design standards for constructing such facility developed in cooperation with the State transportation department.
(c) The term “parking facilities” for purposes of this section shall include access roads, buildings, structures, equipment, improvements, and interests in lands.
(d) Nothing in this section, or in any rule or regulation issued under this section, or in any agreement required by this section, shall prohibit (1) any State, political subdivision, or agency or instrumentality thereof, from contracting with any person to operate any parking facility constructed under this section, or (2) any such person from so operating such facility.
(e) The Secretary shall not approve any proj­ect under this section unless he determines that it is based on a continuing comprehensive transportation planning process carried on in accordance with section 134 of this title.
(f)
(1) The Secretary may approve for Federal financial assistance from funds apportioned under section 104(b)(1), projects for designating existing facilities, or for acquisition of rights of way or construction of new facilities, including the addition of electric vehicle charging stations or natural gas vehicle refueling stations, for use as preferential parking for carpools, provided that such facilities (A) are located outside of a central business district and within an interstate highway corridor, and (B) have as their primary purpose the reduction of vehicular traffic on the interstate highway.
(2) Nothing in this subsection, or in any rule or regulation issued under this subsection, or in any agreement required by this subsection, shall prohibit (A) any State, political subdivision, or agency or instrumentality thereof, from contracting with any person to operate any parking facility designated or constructed under this subsection, or (B) any such person from so operating such facility. Any fees charged for the use of any such facility in connection with the purpose of this subsection shall not be in excess of the amount required for operation and maintenance, including compensation to any person for operating the facility.
(3) For the purposes of this subsection, the terms “facilities” and “parking facilities” are synonymous and shall have the same meaning given “parking facilities” in subsection (c) of this section.
(g)
Funding.—
The addition of electric vehicle charging stations or natural gas vehicle refueling stations to new or previously funded parking facilities shall be eligible for funding under this section.
(Added Pub. L. 89–574, § 8(c)(1), Sept. 13, 1966, 80 Stat. 768; amended Pub. L. 91–605, title I, § 134(a), Dec. 31, 1970, 84 Stat. 1733; Pub. L. 97–424, title I, § 118, Jan. 6, 1983, 96 Stat. 2110; Pub. L. 105–178, title I, §§ 1103(l)(3)(B), 1212(a)(2)(A)(i), June 9, 1998, 112 Stat. 126, 193; Pub. L. 109–59, title I, § 1921, Aug. 10, 2005, 119 Stat. 1480; Pub. L. 112–141, div. A, title I, § 1513(a), July 6, 2012, 126 Stat. 572.)
§ 138.
Preservation of parklands
(a)
Declaration of Policy.—
It is declared to be the national policy that special effort should be made to preserve the natural beauty of the countryside and public park and recreation lands, wildlife and waterfowl refuges, and historic sites. The Secretary of Transportation shall cooperate and consult with the Secretaries of the Interior, Housing and Urban Development, and Agriculture, and with the States in developing transportation plans and programs that include measures to maintain or enhance the natural beauty of the lands traversed. After the effective date of the Federal-Aid Highway Act of 1968, the Secretary shall not approve any program or project (other than any project for a Federal lands transportation facility) which requires the use of any publicly owned land from a public park, recreation area, or wildlife and waterfowl refuge of national, State, or local significance as determined by the Federal, State, or local officials having jurisdiction thereof, or any land from an historic site of national, State, or local significance as so determined by such officials unless (1) there is no feasible and prudent alternative to the use of such land, and (2) such program includes all possible planning to minimize harm to such park, recreational area, wildlife and waterfowl refuge, or historic site resulting from such use. In carrying out the national policy declared in this section the Secretary, in cooperation with the Secretary of the Interior and appropriate State and local officials, is authorized to conduct studies as to the most feasible Federal-aid routes for the movement of motor vehicular traffic through or around national parks so as to best serve the needs of the traveling public while preserving the natural beauty of these areas.
(b)
De Minimis Impacts.—
(1)
Requirements.—
(A)
Requirements for historic sites.—
The requirements of this section shall be considered to be satisfied with respect to an area described in paragraph (2) if the Secretary determines, in accordance with this subsection, that a transportation program or project will have a de minimis impact on the area.
(B)
Requirements for parks, recreation areas, and wildlife or waterfowl refuges.—
The requirements of subsection (a)(1) shall be considered to be satisfied with respect to an area described in paragraph (3) if the Secretary determines, in accordance with this subsection, that a transportation program or project will have a de minimis impact on the area. The requirements of subsection (a)(2) with respect to an area described in paragraph (3) shall not include an alternatives analysis.
(C)
Criteria.—
In making any determination under this subsection, the Secretary shall consider to be part of a transportation program or project any avoidance, minimization, mitigation, or enhancement measures that are required to be implemented as a condition of approval of the transportation program or project.
(2)
Historic sites.—
With respect to historic sites, the Secretary may make a finding of de minimis impact only if—
(A)
the Secretary has determined, in accordance with the consultation process required under section 306108 of title 54, that—
(i) the transportation program or project will have no adverse effect on the historic site; or
(ii) there will be no historic properties affected by the transportation program or project;
(B) the finding of the Secretary has received written concurrence from the applicable State historic preservation officer or tribal historic preservation officer (and from the Advisory Council on Historic Preservation if the Council is participating in the consultation process); and
(C) the finding of the Secretary has been developed in consultation with parties consulting as part of the process referred to in subparagraph (A).
(3)
Parks, recreation areas, and wildlife or waterfowl refuges.—
With respect to parks, recreation areas, or wildlife or waterfowl refuges, the Secretary may make a finding of de minimis impact only if—
(A) the Secretary has determined, after public notice and opportunity for public review and comment, that the transportation program or project will not adversely affect the activities, features, and attributes of the park, recreation area, or wildlife or waterfowl refuge eligible for protection under this section; and
(B) the finding of the Secretary has received concurrence from the officials with jurisdiction over the park, recreation area, or wildlife or waterfowl refuge.
(c)
Satisfaction of Requirements for Certain Historic Sites.—
(1)
In general.—
The Secretary shall—
(A) align, to the maximum extent practicable, with the requirements of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and section 306108 of title 54, including implementing regulations; and
(B) not later than 90 days after the date of enactment of this subsection, coordinate with the Secretary of the Interior and the Executive Director of the Advisory Council on Historic Preservation (referred to in this subsection as the “Council”) to establish procedures to satisfy the requirements described in subparagraph (A) (including regulations).
(2)
Avoidance alternative analysis.—
(A)
In general.—
If, in an analysis required under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), the Secretary determines that there is no feasible or prudent alternative to avoid use of a historic site, the Secretary may—
(i) include the determination of the Secretary in the analysis required under that Act;
(ii)
provide a notice of the determination to—
(I) each applicable State historic preservation officer and tribal historic preservation officer;(II) the Council, if the Council is participating in the consultation process under section 306108 of title 54; and(III) the Secretary of the Interior; and
(iii) request from the applicable preservation officer, the Council, and the Secretary of the Interior a concurrence that the determination is sufficient to satisfy subsection (a)(1).
(B)
Concurrence.—
If the applicable preservation officer, the Council, and the Secretary of the Interior each provide a concurrence requested under subparagraph (A)(iii), no further analysis under subsection (a)(1) shall be required.
(C)
Publication.—
A notice of a determination, together with each relevant concurrence to that determination, under subparagraph (A) shall—
(i) be included in the record of decision or finding of no significant impact of the Secretary; and
(ii) be posted on an appropriate Federal website by not later than 3 days after the date of receipt by the Secretary of all concurrences requested under subparagraph (A)(iii).
(3)
Aligning historical reviews.—
(A)
In general.—
If the Secretary, the applicable preservation officer, the Council, and the Secretary of the Interior concur that no feasible and prudent alternative exists as described in paragraph (2), the Secretary may provide to the applicable preservation officer, the Council, and the Secretary of the Interior notice of the intent of the Secretary to satisfy subsection (a)(2) through the consultation requirements of section 306108 of title 54.
(B)
Satisfaction of conditions.—
To satisfy subsection (a)(2), each individual described in paragraph (2)(A)(ii) shall concur in the treatment of the applicable historic site described in the memorandum of agreement or programmatic agreement developed under section 306108 of title 54.
(d)
References to Past Transportation Environmental Authorities.—
(1)
Section 4(f) requirements.—
The requirements of this section are commonly referred to as section 4(f) requirements (see section 4(f) of the Department of Transportation Act (Public Law 89–670; 80 Stat. 934) as in effect before the repeal of that section).
(2)
Section 106 requirements.—
The requirements of section 306108 of title 54 are commonly referred to as section 106 requirements (see section 106 of the National Historic Preservation Act of 1966 (Public Law 89–665; 80 Stat. 917) as in effect before the repeal of that section).
(e)
Bridge Exemption From Consideration.—
A common post-1945 concrete or steel bridge or culvert (as described in 77 Fed. Reg. 68790) that is exempt from individual review under section 306108 of title 54 shall be exempt from consideration under this section.
(f)
Rail and Transit.—
(1)
In general.—
Improvements to, or the maintenance, rehabilitation, or operation of, railroad or rail transit lines or elements thereof that are in use or were historically used for the transportation of goods or passengers shall not be considered a use of a historic site under subsection (a), regardless of whether the railroad or rail transit line or element thereof is listed on, or eligible for listing on, the National Register of Historic Places.
(2)
Exceptions.—
(A)
In general.—
Paragraph (1) shall not apply to—
(i) stations; or
(ii)
bridges or tunnels located on—
(I) railroad lines that have been abandoned; or(II) transit lines that are not in use.
(B)
Clarification with respect to certain bridges and tunnels.—
The bridges and tunnels referred to in subparagraph (A)(ii) do not include bridges or tunnels located on railroad or transit lines—
(i) over which service has been discontinued; or
(ii) that have been railbanked or otherwise reserved for the transportation of goods or passengers.
(Added Pub. L. 89–574, § 15(a), Sept. 13, 1966, 80 Stat. 771; amended Pub. L. 90–495, § 18(a), Aug. 23, 1968, 82 Stat. 823; Pub. L. 94–280, title I, § 124, May 5, 1976, 90 Stat. 440; Pub. L. 100–17, title I, § 133(b)(10), Apr. 2, 1987, 101 Stat. 171; Pub. L. 109–59, title VI, § 6009(a)(1), Aug. 10, 2005, 119 Stat. 1874; Pub. L. 112–141, div. A, title I, § 1119(c)(2), July 6, 2012, 126 Stat. 492; Pub. L. 113–287, § 5(f)(2), Dec. 19, 2014, 128 Stat. 3268; Pub. L. 114–94, div. A, title I, §§ 1301(a), 1302(a), 1303(a), title XI, § 11502(a), Dec. 4, 2015, 129 Stat. 1375, 1377, 1378, 1690.)
§ 139.
Efficient environmental reviews for project decisionmaking
(a)
Definitions.—
In this section, the following definitions apply:
(1)
Agency.—
The term “agency” means any agency, department, or other unit of Federal, State, local, or Indian tribal government.
(2)
Environmental impact statement.—
The term “environmental impact statement” means the detailed statement of environmental impacts required to be prepared under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
(3)
Environmental review process.—
(A)
In general.—
The term “environmental review process” means the process for preparing for a project an environmental impact statement, environmental assessment, categorical exclusion, or other document prepared under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
(B)
Inclusions.—
The term “environmental review process” includes the process for and completion of any environmental permit, approval, review, or study required for a project under any Federal law other than the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
(4)
Lead agency.—
The term “lead agency” means the Department of Transportation and, if applicable, any State or local governmental entity serving as a joint lead agency pursuant to this section.
(5)
Multimodal project.—
The term “multimodal project” means a project that requires the approval of more than 1 Department of Transportation operating administration or secretarial office.
(6)
Project.—
(A)
In general.—
The term “project” means any highway project, public transportation capital project, or multimodal project that, if implemented as proposed by the project sponsor, would require approval by any operating administration or secretarial office within the Department of Transportation.
(B)
Considerations.—
In determining whether a project is a project under subparagraph (A), the Secretary shall take into account, if known, any sources of Federal funding or financing identified by the project sponsor, including any discretionary grant, loan, and loan guarantee programs administered by the Department of Transportation.
(7)
Project sponsor.—
The term “project sponsor” means the agency or other entity, including any private or public-private entity, that seeks approval of the Secretary for a project.
(8)
State transportation department.—
The term “State transportation department” means any statewide agency of a State with responsibility for one or more modes of transportation.
(b)
Applicability.—
(1)
In general.—
The project development procedures in this section are applicable to all projects for which an environmental impact statement is prepared under the National Environmental Policy Act of 1969 and may be applied, to the extent determined appropriate by the Secretary, to other projects for which an environmental document is prepared pursuant to such Act.
(2)
Flexibility.—
Any authorities granted in this section may be exercised, and any requirements established under this section may be satisfied, for a project, class of projects, or program of projects.
(3)
Programmatic compliance.—
(A)
In general.—
The Secretary shall allow for the use of programmatic approaches to conduct environmental reviews that—
(i) eliminate repetitive discussions of the same issues;
(ii) focus on the actual issues ripe for analyses at each level of review; and
(iii)
are consistent with—
(I) the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); and(II) other applicable laws.
(B)
Requirements.—
In carrying out subparagraph (A), the Secretary shall ensure that programmatic reviews—
(i)
promote transparency, including the transparency of—
(I) the analyses and data used in the environmental reviews;(II) the treatment of any deferred issues raised by agencies or the public; and(III) the temporal and spatial scales to be used to analyze issues under subclauses (I) and (II);
(ii)
use accurate and timely information, including through establishment of—
(I) criteria for determining the general duration of the usefulness of the review; and(II) a timeline for updating an out-of-date review;
(iii)
describe—
(I) the relationship between any programmatic analysis and future tiered analysis; and(II) the role of the public in the creation of future tiered analysis;
(iv) are available to other relevant Federal and State agencies, Indian tribes, and the public; and
(v) provide notice and public comment opportunities consistent with applicable requirements.
(c)
Lead Agencies.—
(1)
Federal lead agency.—
(A)
In general.—
The Department of Transportation, or an operating administration thereof designated by the Secretary, shall be the Federal lead agency in the environmental review process for a project.
(B)
Modal administration.—
If the project requires approval from more than 1 modal administration within the Department, the Secretary may designate a single modal administration to serve as the Federal lead agency for the Department in the environmental review process for the project.
(2)
Joint lead agencies.—
Nothing in this section precludes another agency from being a joint lead agency in accordance with regulations under the National Environmental Policy Act of 1969.
(3)
Project sponsor as joint lead agency.—
Any project sponsor that is a State or local governmental entity receiving funds under this title or chapter 53 of title 49 for the project shall serve as a joint lead agency with the Department for purposes of preparing any environmental document under the National Environmental Policy Act of 1969 and may prepare any such environmental document required in support of any action or approval by the Secretary if the Federal lead agency furnishes guidance in such preparation and independently evaluates such document and the document is approved and adopted by the Secretary prior to the Secretary taking any subsequent action or making any approval based on such document, whether or not the Secretary’s action or approval results in Federal funding.
(4)
Ensuring compliance.—
The Secretary shall ensure that the project sponsor complies with all design and mitigation commitments made jointly by the Secretary and the project sponsor in any environmental document prepared by the project sponsor in accordance with this subsection and that such document is appropriately supplemented if project changes become necessary.
(5)
Adoption and use of documents.—
Any environmental document prepared in accordance with this subsection may be adopted or used by any Federal agency making any approval to the same extent that such Federal agency could adopt or use a document prepared by another Federal agency.
(6)
Roles and responsibility of lead agency.—
With respect to the environmental review process for any project, the lead agency shall have authority and responsibility—
(A) to take such actions as are necessary and proper, within the authority of the lead agency, to facilitate the expeditious resolution of the environmental review process for the project;
(B) to prepare or ensure that any required environmental impact statement or other document required to be completed under the National Environmental Policy Act of 1969 is completed in accordance with this section and applicable Federal law; and
(C) to consider and respond to comments received from participating agencies on matters within the special expertise or jurisdiction of those agencies.
(d)
Participating Agencies.—
(1)
In general.—
The lead agency shall be responsible for inviting and designating participating agencies in accordance with this subsection.
(2)
Invitation.—
Not later than 45 days after the date of publication of a notice of intent to prepare an environmental impact statement or the initiation of an environmental assessment, the lead agency shall identify any other Federal and non-Federal agencies that may have an interest in the project, and shall invite such agencies to become participating agencies in the environmental review process for the project. The invitation shall set a deadline for responses to be submitted. The deadline may be extended by the lead agency for good cause.
(3)
Federal participating agencies.—
Any Federal agency that is invited by the lead agency to participate in the environmental review process for a project shall be designated as a participating agency by the lead agency unless the invited agency informs the lead agency, in writing, by the deadline specified in the invitation that the invited agency—
(A) has no jurisdiction or authority with respect to the project;
(B) has no expertise or information relevant to the project; and
(C) does not intend to submit comments on the project.
(4)
Effect of designation.—
(A)
Requirement.—
A participating agency shall comply with the requirements of this section.
(B)
Implication.—
Designation as a participating agency under this subsection shall not imply that the participating agency—
(i) supports a proposed project; or
(ii) has any jurisdiction over, or special expertise with respect to evaluation of, the project.
(5)
Cooperating agency.—
A participating agency may also be designated by a lead agency as a “cooperating agency” under the regulations contained in part 1500 of title 40, Code of Federal Regulations.
(6)
Designations for categories of projects.—
The Secretary may exercise the authorities granted under this subsection for a project, class of projects, or program of projects.
(7)
Concurrent reviews.—
Each participating agency and cooperating agency shall—
(A) carry out the obligations of that agency under other applicable law concurrently, and in conjunction, with the review required under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), unless doing so would impair the ability of the Federal agency to conduct needed analysis or otherwise carry out those obligations; and
(B) formulate and implement administrative, policy, and procedural mechanisms to enable the agency to ensure completion of the environmental review process in a timely, coordinated, and environmentally responsible manner.
(8)
Single nepa document.—
(A)
In general.—
Except as inconsistent with paragraph (7), to the maximum extent practicable and consistent with Federal law, all Federal permits and reviews for a project shall rely on a single environment document prepared under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) under the leadership of the lead agency.
(B)
Use of document.—
(i)
In general.—
To the maximum extent practicable, the lead agency shall develop an environmental document sufficient to satisfy the requirements for any Federal approval or other Federal action required for the project, including permits issued by other Federal agencies.
(ii)
Cooperation of participating agencies.—
Other participating agencies shall cooperate with the lead agency and provide timely information to help the lead agency carry out this subparagraph.
(C)
Treatment as participating and cooperating agencies.—
A Federal agency required to make an approval or take an action for a project, as described in subparagraph (B), shall work with the lead agency for the project to ensure that the agency making the approval or taking the action is treated as being both a participating and cooperating agency for the project.
(9)
Participating agency responsibilities.—
An agency participating in the environmental review process under this section shall—
(A) provide comments, responses, studies, or methodologies on those areas within the special expertise or jurisdiction of the agency; and
(B) use the process to address any environmental issues of concern to the agency.
(e)
Project Initiation.—
(1)
In general.—
The project sponsor shall notify the Secretary of the type of work, termini, length and general location of the proposed project (including any additional information that the project sponsor considers to be important to initiate the process for the proposed project), together with a statement of any Federal approvals anticipated to be necessary for the proposed project, for the purpose of informing the Secretary that the environmental review process should be initiated.
(2)
Submission of documents.—
The project sponsor may satisfy the requirement under paragraph (1) by submitting to the Secretary any relevant documents containing the information described in that paragraph, including a draft notice for publication in the Federal Register announcing the preparation of an environmental review for the project.
(3)
Review of application.—
Not later than 45 days after the date on which the Secretary receives notification under paragraph (1), the Secretary shall provide to the project sponsor a written response that, as applicable—
(A)
describes the determination of the Secretary—
(i) to initiate the environmental review process, including a timeline and an expected date for the publication in the Federal Register of the relevant notice of intent; or
(ii) to decline the application, including an explanation of the reasons for that decision; or
(B) requests additional information, and provides to the project sponsor an accounting regarding what documentation is necessary to initiate the environmental review process.
(4)
Request to designate a lead agency.—
(A)
In general.—
Any project sponsor may submit to the Secretary a request to designate the operating administration or secretarial office within the Department of Transportation with the expertise on the proposed project to serve as the Federal lead agency for the project.
(B)
Secretarial action.—
(i)
In general.—
If the Secretary receives a request under subparagraph (A), the Secretary shall respond to the request not later than 45 days after the date of receipt.
(ii)
Requirements.—
The response under clause (i) shall—
(I) approve the request;(II) deny the request, with an explanation of the reasons for the denial; or(III) require the submission of additional information.
(iii)
Additional information.—
If additional information is submitted in accordance with clause (ii)(III), the Secretary shall respond to the submission not later than 45 days after the date of receipt.
(5)
Environmental checklist.—
(A)
Development.—
The lead agency for a project, in consultation with participating agencies, shall develop, as appropriate, a checklist to help project sponsors identify potential natural, cultural, and historic resources in the area of the project.
(B)
Purpose.—
The purposes of the checklist are—
(i) to identify agencies and organizations that can provide information about natural, cultural, and historic resources;
(ii) to develop the information needed to determine the range of alternatives; and
(iii) to improve interagency collaboration to help expedite the permitting process for the lead agency and participating agencies.
(f)
Purpose and Need; Alternatives Analysis.—
(1)
Participation.—
As early as practicable during the environmental review process, the lead agency shall provide an opportunity for involvement by participating agencies and the public in defining the purpose and need for a project.
(2)
Definition.—
Following participation under paragraph (1), the lead agency shall define the project’s purpose and need for purposes of any document which the lead agency is responsible for preparing for the project.
(3)
Objectives.—
The statement of purpose and need shall include a clear statement of the objectives that the proposed action is intended to achieve, which may include—
(A) achieving a transportation objective identified in an applicable statewide or metropolitan transportation plan;
(B) supporting land use, economic development, or growth objectives established in applicable Federal, State, local, or tribal plans; and
(C) serving national defense, national security, or other national objectives, as established in Federal laws, plans, or policies.
(4)
Alternatives analysis.—
(A)
Participation.—
(i)
In general.—
As early as practicable during the environmental review process, the lead agency shall provide an opportunity for involvement by participating agencies and the public in determining the range of alternatives to be considered for a project.
(ii)
Comments of participating agencies.—
To the maximum extent practicable and consistent with applicable law, each participating agency receiving an opportunity for involvement under clause (i) shall limit the comments of the agency to subject matter areas within the special expertise or jurisdiction of the agency.
(iii)
Effect of nonparticipation.—
A participating agency that declines to participate in the development of the purpose and need and range of alternatives for a project shall be required to comply with the schedule developed under subsection (g)(1)(B).
(B)
Range of alternatives.—
(i)
Determination.—
Following participation under subparagraph (A), the lead agency shall determine the range of alternatives for consideration in any document which the lead agency is responsible for preparing for the project.
(ii)
Use.—
To the maximum extent practicable and consistent with Federal law, the range of alternatives determined for a project under clause (i) shall be used for all Federal environmental reviews and permit processes required for the project unless the alternatives must be modified—
(I) to address significant new information or circumstances, and the lead agency and participating agencies agree that the alternatives must be modified to address the new information or circumstances; or(II) for the lead agency or a participating agency to fulfill the responsibilities of the agency under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) in a timely manner.
(C)
Methodologies.—
The lead agency also shall determine, in collaboration with participating agencies at appropriate times during the study process, the methodologies to be used and the level of detail required in the analysis of each alternative for a project.
(D)
Preferred alternative.—
At the discretion of the lead agency, the preferred alternative for a project, after being identified, may be developed to a higher level of detail than other alternatives in order to facilitate the development of mitigation measures or concurrent compliance with other applicable laws if the lead agency determines that the development of such higher level of detail will not prevent the lead agency from making an impartial decision as to whether to accept another alternative which is being considered in the environmental review process.
(E)
Reduction of duplication.—
(i)
In general.—
In carrying out this paragraph, the lead agency shall reduce duplication, to the maximum extent practicable, between—
(I) the evaluation of alternatives under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); and(II) the evaluation of alternatives in the metropolitan transportation planning process under section 134 or an environmental review process carried out under State law (referred to in this subparagraph as a “State environmental review process”).
(ii)
Consideration of alternatives.—
The lead agency may eliminate from detailed consideration an alternative proposed in an environmental impact statement regarding a project if, as determined by the lead agency—
(I) the alternative was considered in a metropolitan planning process or a State environmental review process by a metropolitan planning organization or a State or local transportation agency, as applicable;(II) the lead agency provided guidance to the metropolitan planning organization or State or local transportation agency, as applicable, regarding analysis of alternatives in the metropolitan planning process or State environmental 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;(III) the applicable metropolitan planning process or State environmental review process included an opportunity for public review and comment;(IV) the applicable metropolitan planning organization or State or local transportation agency rejected the alternative after considering public comments;(V) the Federal lead agency independently reviewed the alternative evaluation approved by the applicable metropolitan planning organization or State or local transportation agency; and(VI)
the Federal lead agency determined—
(aa) 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(bb) 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.
(g)
Coordination and Scheduling.—
(1)
Coordination plan.—
(A)
In general.—
Not later than 90 days after the date of publication of a notice of intent to prepare an environmental impact statement or the initiation of an environmental assessment, the lead agency shall establish a plan for coordinating public and agency participation in and comment on the environmental review process for a project or category of projects. The coordination plan may be incorporated into a memorandum of understanding.
(B)
Schedule.—
(i)
In general.—
The lead agency shall establish as part of such coordination plan, after consultation with and the concurrence of each participating agency for the project and with the State in which the project is located (and, if the State is not the project sponsor, with the project sponsor), a schedule for completion of the environmental review process for the project.
(ii)
Factors for consideration.—
In establishing the schedule, the lead agency shall consider factors such as—
(I) the responsibilities of participating agencies under applicable laws;(II) resources available to the cooperating agencies;(III) overall size and complexity of the project;(IV) the overall schedule for and cost of the project; and(V) the sensitivity of the natural and historic resources that could be affected by the project.
(C)
Consistency with other time periods.—
A schedule under subparagraph (B) shall be consistent with any other relevant time periods established under Federal law.
(D)
Modification.—
The lead agency may—
(i) lengthen a schedule established under subparagraph (B) for good cause; and
(ii) shorten a schedule only with the concurrence of the affected cooperating agencies.
(E)
Dissemination.—
A copy of a schedule under subparagraph (B), and of any modifications to the schedule, shall be—
(i) provided to all participating agencies and to the State transportation department of the State in which the project is located (and, if the State is not the project sponsor, to the project sponsor); and
(ii) made available to the public.
(2)
Comment deadlines.—
The lead agency shall establish the following deadlines for comment during the environmental review process for a project:
(A)
For comments by agencies and the public on a draft environmental impact statement, a period of not more than 60 days after publication in the Federal Register of notice of the date of public availability of such document, unless—
(i) a different deadline is established by agreement of the lead agency, the project sponsor, and all participating agencies; or
(ii) the deadline is extended by the lead agency for good cause.
(B)
For all other comment periods established by the lead agency for agency or public comments in the environmental review process, a period of no more than 30 days from availability of the materials on which comment is requested, unless—
(i) a different deadline is established by agreement of the lead agency, the project sponsor, and all participating agencies; or
(ii) the deadline is extended by the lead agency for good cause.
(3)
Deadlines for decisions under other laws.—
In any case in which a decision under any Federal law relating to a project (including the issuance or denial of a permit or license) is required to be made by the later of the date that is 180 days after the date on which the Secretary made all final decisions of the lead agency with respect to the project, or 180 days after the date on which an application was submitted for the permit or license, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives and publish on the Internet—
(A) as soon as practicable after the 180-day period, an initial notice of the failure of the Federal agency to make the decision; and
(B) every 60 days thereafter until such date as all decisions of the Federal agency relating to the project have been made by the Federal agency, an additional notice that describes the number of decisions of the Federal agency that remain outstanding as of the date of the additional notice.
(4)
Involvement of the public.—
Nothing in this subsection shall reduce any time period provided for public comment in the environmental review process under existing Federal law, including a regulation.
(h)
Issue Identification and Resolution.—
(1)
Cooperation.—
The lead agency and the participating agencies shall work cooperatively in accordance with this section to identify and resolve issues that could delay completion of the environmental review process or could result in denial of any approvals required for the project under applicable laws.
(2)
Lead agency responsibilities.—
The lead agency shall make information available to the participating agencies as early as practicable in the environmental review process regarding the environmental and socioeconomic resources located within the project area and the general locations of the alternatives under consideration. Such information may be based on existing data sources, including geographic information systems mapping.
(3)
Participating agency responsibilities.—
Based on information received from the lead agency, participating agencies shall identify, as early as practicable, any issues of concern regarding the project’s potential environmental or socioeconomic impacts. In this paragraph, issues of concern include any issues that could substantially delay or prevent an agency from granting a permit or other approval that is needed for the project.
(4)
Issue resolution.—
Any issue resolved by the lead agency with the concurrence of participating agencies may not be reconsidered unless significant new information or circumstances arise.
(5)
Interim decision on achieving accelerated decisionmaking.—
(A)
In general.—
Not later than 30 days after the close of the public comment period on a draft environmental impact statement, the Secretary may convene a meeting with the project sponsor, lead agency, resource agencies, and any relevant State agencies to ensure that all parties are on schedule to meet deadlines for decisions to be made regarding the project.
(B)
Deadlines.—
The deadlines referred to in subparagraph (A) shall be those established under subsection (g), or any other deadlines established by the lead agency, in consultation with the project sponsor and other relevant agencies.
(C)
Failure to assure.—
If the relevant agencies cannot provide reasonable assurances that the deadlines described in subparagraph (B) will be met, the Secretary may initiate the issue resolution and referral process described under paragraph (6) before the completion of the record of decision.
(6)
Accelerated issue resolution and referral.—
(A)
Agency issue resolution meeting.—
(i)
In general.—
A Federal agency of jurisdiction, project sponsor, or the Governor of a State in which a project is located may request an issue resolution meeting to be conducted by the lead agency.
(ii)
Action by lead agency.—
The lead agency shall convene an issue resolution meeting under clause (i) with the relevant participating agencies and the project sponsor, including the Governor only if the meeting was requested by the Governor, to resolve issues that could—
(I) delay completion of the environmental review process; or(II) result in denial of any approvals required for the project under applicable laws.
(iii)
Date.—
A meeting requested under this subparagraph shall be held by not later than 21 days after the date of receipt of the request for the meeting, unless the lead agency determines that there is good cause to extend the time for the meeting.
(iv)
Notification.—
On receipt of a request for a meeting under this subparagraph, the lead agency shall notify all relevant participating agencies of the request, including the issue to be resolved, and the date for the meeting.
(v)
Disputes.—
If a relevant participating agency with jurisdiction over an approval required for a project under applicable law determines that the relevant information necessary to resolve the issue has not been obtained and could not have been obtained within a reasonable time, but the lead agency disagrees, the resolution of the dispute shall be forwarded to the heads of the relevant agencies for resolution.
(vi)
Convention by lead agency.—
A lead agency may convene an issue resolution meeting under this subsection at any time without the request of the Federal agency of jurisdiction, project sponsor, or the Governor of a State.
(B)
Elevation of issue resolution.—
(i)
In general.—
If issue resolution is not achieved by not later than 30 days after the date of a relevant meeting under subparagraph (A), the Secretary shall notify the lead agency, the heads of the relevant participating agencies, and the project sponsor (including the Governor only if the initial issue resolution meeting request came from the Governor) that an issue resolution meeting will be convened.
(ii)
Requirements.—
The Secretary shall identify the issues to be addressed at the meeting and convene the meeting not later than 30 days after the date of issuance of the notice.
(C)
Referral of issue resolution.—
(i)
Referral to council on environmental quality.—
(I)
In general.—
If resolution is not achieved by not later than 30 days after the date of an issue resolution meeting under subparagraph (B), the Secretary shall refer the matter to the Council on Environmental Quality.(II)
Meeting.—
Not later than 30 days after the date of receipt of a referral from the Secretary under subclause (I), the Council on Environmental Quality shall hold an issue resolution meeting with the lead agency, the heads of relevant participating agencies, and the project sponsor (including the Governor only if an initial request for an issue resolution meeting came from the Governor).
(ii)
Referral to the president.—
If a resolution is not achieved by not later than 30 days after the date of the meeting convened by the Council on Environmental Quality under clause (i)(II), the Secretary shall refer the matter directly to the President.
(7)
Financial penalty provisions.—
(A)
In general.—
A Federal agency of jurisdiction over an approval required for a project under applicable laws shall complete any required approval on an expeditious basis using the shortest existing applicable process.
(B)
Failure to decide.—
(i)
In general.—
If an agency described in subparagraph (A) fails to render a decision under any Federal law relating to a project that requires the preparation of an environmental impact statement or environmental assessment, including the issuance or denial of a permit, license, or other approval by the date described in clause (ii), an amount of funding equal to the amounts specified in subclause (I) or (II) shall be rescinded from the applicable office of the head of the agency, or equivalent office to which the authority for rendering the decision has been delegated by law by not later than 1 day after the applicable date under clause (ii), and once each week thereafter until a final decision is rendered, subject to subparagraph (C)—
(I) $20,000 for any project for which an annual financial plan is required under subsection (h) or (i) of section 106; or(II) $10,000 for any other project requiring preparation of an environmental assessment or environmental impact statement.
(ii)
Description of date.—
The date referred to in clause (i) is—
(I) the date that is 30 days after the date for rendering a decision as described in the project schedule established pursuant to subsection (g)(1)(B);(II)
if no schedule exists, the later of—
(aa) the date that is 180 days after the date on which an application for the permit, license, or approval is complete; and(bb) the date that is 180 days after the date on which the Federal lead agency issues a decision on the project under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); or(III) a modified date in accordance with subsection (g)(1)(D).
(C)
Limitations.—
(i)
In general.—
No rescission of funds under subparagraph (B) relating to an individual project shall exceed, in any fiscal year, an amount equal to 2.5 percent of the funds made available for the applicable agency office.
(ii)
Failure to decide.—
The total amount rescinded in a fiscal year as a result of a failure by an agency to make a decision by an applicable deadline shall not exceed an amount equal to 7 percent of the funds made available for the applicable agency office for that fiscal year.
(D)
No fault of agency.—
A rescission of funds under this paragraph shall not be made if the lead agency for the project certifies that—
(i) the agency has not received necessary information or approvals from another entity, such as the project sponsor, in a manner that affects the ability of the agency to meet any requirements under State, local, or Federal law; or
(ii) significant new information or circumstances, including a major modification to an aspect of the project, requires additional analysis for the agency to make a decision on the project application.
(E)
Limitation.—
The Federal agency with jurisdiction for the decision from which funds are rescinded pursuant to this paragraph shall not reprogram funds to the office of the head of the agency, or equivalent office, to reimburse that office for the loss of the funds.
(F)
Audits.—
In any fiscal year in which any funds are rescinded from a Federal agency pursuant to this paragraph, the Inspector General of that agency shall—
(i) conduct an audit to assess compliance with the requirements of this paragraph; and
(ii) not later than 120 days after the end of the fiscal year during which the rescission occurred, submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report describing the reasons why the transfers were levied, including allocations of resources.
(G)
Effect of paragraph.—
Nothing in this paragraph affects or limits the application of, or obligation to comply with, any Federal, State, local, or tribal law.
(8)
Expedient decisions and reviews.—
To ensure that Federal environmental decisions and reviews are expeditiously made—
(A) adequate resources made available under this title shall be devoted to ensuring that applicable environmental reviews under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) are completed on an expeditious basis and that the shortest existing applicable process under that Act is implemented; and
(B)
the President 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, not less frequently than once every 120 days after the date of enactment of the MAP–21, a report on the status and progress of the following projects and activities funded under this title with respect to compliance with applicable requirements under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.):
(i) Projects and activities required to prepare an annual financial plan under section 106(i).
(ii) A sample of not less than 5 percent of the projects requiring preparation of an environmental impact statement or environmental assessment in each State.
(i)
Performance Measurement.—
The Secretary shall establish a program to measure and report on progress toward improving and expediting the planning and environmental review process.
(j)
Assistance to Affected State and Federal Agencies.—
(1)
In general.—
(A)
Authority to provide funds.—
The Secretary may allow a public entity receiving financial assistance from the Department of Transportation under this title or chapter 53 of title 49 to provide funds to Federal agencies (including the Department), State agencies, and Indian tribes participating in the environmental review process for the project or program.
(B)
Use of funds.—
Funds referred to in subparagraph (A) may be provided only to support activities that directly and meaningfully contribute to expediting and improving permitting and review processes, including planning, approval, and consultation processes for the project or program.
(2)
Activities eligible for funding.—
Activities for which funds may be provided under paragraph (1) include transportation planning activities that precede the initiation of the environmental review process, activities directly related to the environmental review process, dedicated staffing, training of agency personnel, information gathering and mapping, and development of programmatic agreements.
(3)
Use of federal lands highway funds.—
The Secretary may also use funds made available under section 204 1
1 See References in Text note below.
for a project for the purposes specified in this subsection with respect to the environmental review process for the project.
(4)
Amounts.—
Requests under paragraph (1) may be approved only for the additional amounts that the Secretary determines are necessary for the Federal agencies, State agencies, or Indian tribes participating in the environmental review process to meet the time limits for environmental review.
(5)
Condition.—
(6)
Agreement.—
Prior to providing funds approved by the Secretary for dedicated staffing at an affected agency under paragraphs (1) and (2), the affected agency and the requesting public entity shall enter into an agreement that establishes the projects and priorities to be addressed by the use of the funds.
(k)
Judicial Review and Savings Clause.—
(1)
Judicial review.—
Except as set forth under subsection (l), nothing in this section shall affect the reviewability of any final Federal agency action in a court of the United States or in the court of any State.
(2)
Savings clause.—
Nothing in this section shall be construed as superseding, amending, or modifying the National Environmental Policy Act of 1969 or any other Federal environmental statute or affect the responsibility of any Federal officer to comply with or enforce any such statute.
(3)
Limitations.—
Nothing in this section shall preempt or interfere with—
(A) any practice of seeking, considering, or responding to public comment; or
(B) any power, jurisdiction, responsibility, or authority that a Federal, State, or local government agency, metropolitan planning organization, Indian tribe, or project sponsor has with respect to carrying out a project or any other provisions of law applicable to projects, plans, or programs.
(l)
Limitations on Claims.—
(1)
In general.—
Notwithstanding any other provision of law, a claim arising under Federal law seeking judicial review of a permit, license, or approval issued by a Federal agency for a highway or public transportation capital project shall be barred unless it is filed within 150 days after publication of a notice in the Federal Register announcing that the permit, license, or approval is final pursuant to the law under which the agency action is taken, unless a shorter time is specified in the Federal law pursuant to which judicial review is allowed. Nothing in this subsection shall create a right to judicial review or place any limit on filing a claim that a person has violated the terms of a permit, license, or approval.
(2)
New information.—
The Secretary shall consider new information received after the close of a comment period if the information satisfies the requirements for a supplemental environmental impact statement under section 771.130 of title 23, Code of Federal Regulations. The preparation of a supplemental environmental impact statement when required shall be considered a separate final agency action and the deadline for filing a claim for judicial review of such action shall be 150 days after the date of publication of a notice in the Federal Register announcing such action.
(m)
Enhanced Technical Assistance and Accelerated Project Completion.—
(1)
Definition of covered project.—
In this subsection, the term “covered project” means a project—
(A) that has an ongoing environmental impact statement under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); and
(B) for which at least 2 years, beginning on the date on which a notice of intent is issued, have elapsed without the issuance of a record of decision.
(2)
Technical assistance.—
At the request of a project sponsor or the Governor of a State in which a project is located, the Secretary shall provide additional technical assistance to resolve for a covered project any outstanding issues and project delay, including by—
(A) providing additional staff, training, and expertise;
(B) facilitating interagency coordination;
(C) promoting more efficient collaboration; and
(D) supplying specialized onsite assistance.
(3)
Scope of work.—
(A)
In general.—
In providing technical assistance for a covered project under this subsection, the Secretary shall establish a scope of work that describes the actions that the Secretary will take to resolve the outstanding issues and project delays, including establishing a schedule under subparagraph (B).
(B)
Schedule.—
(i)
In general.—
The Secretary shall establish and meet a schedule for the completion of any permit, approval, review, or study, required for the covered project by the date that is not later than 4 years after the date on which a notice of intent for the covered project is issued.
(ii)
Inclusions.—
The schedule under clause (i) shall—
(I) comply with all applicable laws;(II) require the concurrence of the Council on Environmental Quality and each participating agency for the project with the State in which the project is located or the project sponsor, as applicable; and(III) reflect any new information that becomes available and any changes in circumstances that may result in new significant impacts that could affect the timeline for completion of any permit, approval, review, or study required for the covered project.
(4)
Consultation.—
In providing technical assistance for a covered project under this subsection, the Secretary shall consult, if appropriate, with resource and participating agencies on all methods available to resolve the outstanding issues and project delays for a covered project as expeditiously as possible.
(5)
Enforcement.—
(A)
In general.—
All provisions of this section shall apply to this subsection, including the financial penalty provisions under subsection (h)(6).
(B)
Restriction.—
If the Secretary enforces this subsection under subsection (h)(6), the Secretary may use a date included in a schedule under paragraph (3)(B) that is created pursuant to and is in compliance with this subsection in lieu of the dates under subsection (h)(6)(B)(ii).
(n)
Accelerated Decisionmaking in Environmental Reviews.—
(1)
In general.—
In preparing a final environmental impact statement under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), if the lead agency modifies the statement in response to comments that are minor and are confined to factual corrections or explanations of why the comments do not warrant additional agency response, the lead agency may write on errata sheets attached to the statement instead of rewriting the draft statement, subject to the condition that the errata sheets—
(A) cite the sources, authorities, and reasons that support the position of the agency; and
(B) if appropriate, indicate the circumstances that would trigger agency reappraisal or further response.
(2)
Single document.—
To the maximum extent practicable, the lead agency shall expeditiously develop a single document that consists of a final environmental impact statement and a record of decision, unless—
(A) the final environmental impact statement makes substantial changes to the proposed action that are relevant to environmental or safety concerns; or
(B) there is a significant new circumstance or information relevant to environmental concerns that bears on the proposed action or the impacts of the proposed action.
(o)
Improving Transparency in Environmental Reviews.—
(1)
In general.—
Not later than 18 months after the date of enactment of this subsection, the Secretary shall—
(A)
use the searchable Internet website maintained under section 41003(b) of the FAST Act—
(i) to make publicly available the status and progress of projects requiring an environmental assessment or an environmental impact statement with respect to compliance with applicable requirements of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and any other Federal, State, or local approval required for those projects; and
(ii) to make publicly available the names of participating agencies not participating in the development of a project purpose and need and range of alternatives under subsection (f); and
(B) issue reporting standards to meet the requirements of subparagraph (A).
(2)
Federal, state, and local agency participation.—
(A)
Federal agencies.—
A Federal agency participating in the environmental review or permitting process for a project shall provide to the Secretary information regarding the status and progress of the approval of the project for publication on the Internet website referred to in paragraph (1)(A), consistent with the standards established under paragraph (1)(B).
(B)
State and local agencies.—
The Secretary shall encourage State and local agencies participating in the environmental review permitting process for a project to provide information regarding the status and progress of the approval of the project for publication on the Internet website referred to in paragraph (1)(A).
(3)
States with delegated authority.—
A State with delegated authority for responsibilities under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) pursuant to section 327 shall be responsible for supplying to the Secretary project development and compliance status for all applicable projects.
(Added Pub. L. 109–59, title VI, § 6002(a), Aug. 10, 2005, 119 Stat. 1857; amended Pub. L. 112–141, div. A, title I, §§ 1305–1309, July 6, 2012, 126 Stat. 533–539; Pub. L. 114–94, div. A, title I, § 1304(a)–(j)(1), Dec. 4, 2015, 129 Stat. 1378–1385.)
§ 140.
Nondiscrimination
(a) Prior to approving any programs for projects as provided for in section 135, the Secretary shall require assurances from any State desiring to avail itself of the benefits of this chapter that employment in connection with proposed projects will be provided without regard to race, color, creed, national origin, or sex. The Secretary shall require that each State shall include in the advertised specifications, notification of the specific equal employment opportunity responsibilities of the successful bidder. In approving programs for projects on any of the Federal-aid systems, the Secretary 1
1 So in original. Probably should be followed by a comma.
if necessary to ensure equal employment opportunity, shall require certification by any State desiring to avail itself of the benefits of this chapter that there are in existence and available on a regional, statewide, or local basis, apprenticeship, skill improvement or other upgrading programs, registered with the Department of Labor or the appropriate State agency, if any, which provide equal opportunity for training and employment without regard to race, color, creed, national origin, or sex. In implementing such programs, a State may reserve training positions for persons who receive welfare assistance from such State; except that the implementation of any such program shall not cause current employees to be displaced or current positions to be supplanted or preclude workers that are participating in an apprenticeship, skill improvement, or other upgrading program registered with the Department of Labor or the appropriate State agency from being referred to, or hired on, projects funded under this title without regard to the length of time of their participation in such program. The Secretary shall periodically obtain from the Secretary of Labor and the respective State transportation departments information which will enable the Secretary to judge compliance with the requirements of this section and the Secretary of Labor shall render to the Secretary such assistance and information as the Secretary of Transportation shall deem necessary to carry out the equal employment opportunity program required hereunder.
(b) The Secretary, in cooperation with any other department or agency of the Government, State agency, authority, association, institution, Indian tribal government, corporation (profit or nonprofit), or any other organization or person, is authorized to develop, conduct, and administer surface transportation and technology training, including skill improvement programs, and to develop and fund summer transportation institutes. From administrative funds made available under section 104(a), the Secretary shall deduct such sums as necessary, not to exceed $10,000,000 per fiscal year, for the administration of this subsection. Such sums so deducted shall remain available until expended. The provisions of section 6101(b) to (d) of title 41 shall not be applicable to contracts and agreements made under the authority herein granted to the Secretary. Notwithstanding any other provision of law, not to exceed ½ of 1 percent of funds apportioned to a State for the surface transportation block grant program under section 104(b) may be available to carry out this subsection upon request of the State transportation department to the Secretary.
(c) The Secretary, in cooperation with any other department or agency of the Government, State agency, authority, association, institution, Indian tribal government, corporation (profit or nonprofit), or any other organization or person, is authorized to develop, conduct, and administer training programs and assistance programs in connection with any program under this title in order that minority businesses may achieve proficiency to compete, on an equal basis, for contracts and subcontracts. From administrative funds made available under section 104(a), the Secretary shall deduct such sums as necessary, not to exceed $10,000,000 per fiscal year, for the administration of this subsection. The provisions of section 6101(b) to (d) of title 41 shall not be applicable to contracts and agreements made under the authority herein granted to the Secretary notwithstanding the provisions of section 3106 of title 41.
(d)
Indian Employment.—
Consistent with section 703(i) of the Civil Rights Act of 1964 (42 U.S.C. 2000e–2(i)), nothing in this section shall preclude the preferential employment of Indians living on or near a reservation on projects and contracts on Indian reservation roads. States may implement a preference for employment of Indians on projects carried out under this title near Indian reservations. The Secretary shall cooperate with Indian tribal governments and the States to implement this subsection.
(Added Pub. L. 90–495, § 22(a), Aug. 23, 1968, 82 Stat. 826; amended Pub. L. 91–605, title I, § 110, Dec. 31, 1970, 84 Stat. 1719; Pub. L. 93–87, title I, § 120, Aug. 13, 1973, 87 Stat. 259; Pub. L. 94–280, title I, § 126, May 5, 1976, 90 Stat. 440; Pub. L. 97–424, title I, § 119, Jan. 6, 1983, 96 Stat. 2110; Pub. L. 100–17, title I, § 122, Apr. 2, 1987, 101 Stat. 160; Pub. L. 102–240, title I, § 1026, Dec. 18, 1991, 105 Stat. 1965; Pub. L. 102–388, title IV, § 412, Oct. 6, 1992, 106 Stat. 1565; Pub. L. 105–178, title I, §§ 1208, 1212(a)(2)(A), June 9, 1998, 112 Stat. 186, 193; Pub. L. 109–59, title I, § 1922, Aug. 10, 2005, 119 Stat. 1481; Pub. L. 111–350, § 5(e)(1), Jan. 4, 2011, 124 Stat. 3847; Pub. L. 112–141, div. A, title I, § 1109, July 6, 2012, 126 Stat. 444; Pub. L. 114–94, div. A, title I, §§ 1109(c)(5), 1446(d)(1), Dec. 4, 2015, 129 Stat. 1343, 1438.)
§ 141.
Enforcement of requirements
(a) Each State shall certify to the Secretary before January 1 of each year that it is enforcing all State laws respecting maximum vehicle size and weights permitted on the Federal-aid primary system, the Federal-aid urban system, and the Federal-aid secondary system, including the Interstate System in accordance with section 127 of this title. Each State shall also certify that it is enforcing and complying with the provisions of section 127(d) of this title and section 31112 of title 49.
(b)
(1) Each State shall submit to the Secretary such information as the Secretary shall, by regulation, require as necessary, in his opinion, to verify the certification of such State under subsection (b) of this section.
(2) If a State fails to certify as required by subsection (b) of this section or if the Secretary determines that a State is not adequately enforcing all State laws respecting such maximum vehicle size and weights, notwithstanding such a certification, then Federal-aid highway funds apportioned to such State for such fiscal year shall be reduced by amounts equal to 7 percent of the amount which would otherwise be apportioned to such State under paragraphs (1) through (6) of section 104(b).
(3) If within one year from the date that the apportionment for any State is reduced in accordance with paragraph (2) of this subsection the Secretary determines that such State is enforcing all State laws respecting maximum size and weights, the apportionment of such State shall be increased by an amount equal to such reduction. If the Secretary does not make such a determination within such one-year period, the amounts so withheld shall be reapportioned to all other eligible States.
(c) The Secretary shall reduce the State’s apportionment of Federal-aid highway funds under section 104(b)(1) in an amount up to 8 percent of the amount to be apportioned in any fiscal year beginning after September 30, 1984, during which heavy vehicles, subject to the use tax imposed by section 4481 of the Internal Revenue Code of 1986, may be lawfully registered in the State without having presented proof of payment, in such form as may be prescribed by the Secretary of the Treasury, of the use tax imposed by section 4481 of such Code. Amounts withheld from apportionment to a State under this subsection shall be apportioned to the other States pursuant to the formulas of section 104(b)(1) and shall be available in the same manner and to the same extent as other Interstate funds apportioned at the same time to other States.
(Added Pub. L. 93–643, § 107(a), Jan. 4, 1975, 88 Stat. 2284; amended Pub. L. 95–599, title I, § 123(d), Nov. 6, 1978, 92 Stat. 2702; Pub. L. 97–424, title I, § 143, Jan. 6, 1983, 96 Stat. 2129; Pub. L. 99–514, § 2, Oct. 22, 1986, 100 Stat. 2095; Pub. L. 102–240, title I, § 1023(c), Dec. 18, 1991, 105 Stat. 1954; Pub. L. 103–429, § 3(7), Oct. 31, 1994, 108 Stat. 4378; Pub. L. 104–59, title II, § 205(d)(1)(A), Nov. 28, 1995, 109 Stat. 577; Pub. L. 105–178, title I, § 1103(l)(3)(C), June 9, 1998, 112 Stat. 126; Pub. L. 112–141, div. A, title I, § 1404(c), (d), July 6, 2012, 126 Stat. 558; Pub. L. 114–94, div. A, title I, § 1104(e)(5), Dec. 4, 2015, 129 Stat. 1332.)
§ 142.
Public transportation
(a)
(1) To encourage the development, improvement, and use of public mass transportation systems operating buses on Federal-aid highways for the transportation of passengers, so as to increase the traffic capacity of the Federal-aid highways for the movement of persons, the Secretary may approve as a project on any Federal-aid highway the construction of exclusive or preferential high occupancy vehicle lanes, highway traffic control devices, bus passenger loading areas and facilities (including shelters), and fringe and transportation corridor parking facilities, which may include electric vehicle charging stations or natural gas vehicle refueling stations, to serve high occupancy vehicle and public mass transportation passengers, and sums apportioned under section 104(b) of this title shall be available to finance the cost of projects under this paragraph. If fees are charged for the use of any parking facility constructed under this section, the rate thereof shall not be in excess of that required for maintenance and operation of the facility and the cost of providing shuttle service to and from the facility (including compensation to any person for operating the facility and for providing such shuttle service).
(2) In addition to the projects under paragraph (1), the Secretary may approve payment from sums apportioned under section 104(b)(2) for carrying out any capital transit project eligible for assistance under chapter 53 of title 49, capital improvement to provide access and coordination between intercity and rural bus service, and construction of facilities to provide connections between highway transportation and other modes of transportation.
(b) Sums apportioned in accordance with section 104(b)(1) shall be available to finance the Federal share of projects for exclusive or preferential high occupancy vehicle, truck, and emergency vehicle routes or lanes. Routes constructed under this subsection shall not be subject to the third sentence of section 109(b) of this title.
(c)
Accommodation of Other Modes of Transportation.—
The Secretary may approve as a project on any Federal-aid highway for payment from sums apportioned under section 104(b) modifications to existing highways eligible under the program that is the source of the funds on such highway necessary to accommodate other modes of transportation if such modifications will not adversely affect automotive safety.
(d)
Metropolitan Planning.—
Any project carried out under this section in an urbanized area shall be subject to the metropolitan planning requirements of section 134.
(e)
(1) For all purposes of this title, a project authorized by subsection (a)(1) of this section shall be deemed to be a highway project.
(2) Projects authorized by subsection (a)(2) shall be subject to, and governed in accordance with, all provisions of this title applicable to projects on the surface transportation block grant program, except to the extent determined inconsistent by the Secretary.
(3) The Federal share payable on account of projects authorized by subsection (a) of this section shall be that provided in section 120 of this title.
(f)
Availability of Rights-of-Way.—
In any case where sufficient land or air space exists within the publicly acquired rights-of-way of any highway, constructed in whole or in part with Federal-aid highway funds, to accommodate needed passenger, commuter, or high speed rail, magnetic levitation systems, and highway and nonhighway public mass transit facilities, the Secretary shall authorize a State to make such lands, air space, and rights-of-way available with or without charge to a publicly or privately owned authority or company or any other person for such purposes if such accommodation will not adversely affect automotive safety.
(g) The provision of assistance under subsection (a)(2) shall not be construed as bringing within the application of chapter 15 of title 5, United States Code, any non-supervisory employee of an urban mass transportation system (or of any other agency or entity performing related functions) to whom such chapter is otherwise inapplicable.
(h) Funds available for expenditure to carry out the purposes of subsection (a)(2) of this section shall be supplementary to and not in substitution for funds authorized and available for obligation pursuant to chapter 53 of title 49.
(i) The provisions of section 5323(a)(1)(D) 1
1 See References in Text note below.
of title 49 shall apply in carrying out subsection (a)(2) of this section.
(Added Pub. L. 91–605, title I, § 111(a), Dec. 31, 1970, 84 Stat. 1719; amended Pub. L. 93–87, title I, § 121(a), Aug. 13, 1973, 87 Stat. 259; Pub. L. 94–280, title I, § 127, May 5, 1976, 90 Stat. 440; Pub. L. 97–424, title I, § 120, Jan. 6, 1983, 96 Stat. 2111; Pub. L. 102–240, title I, § 1027(a)–(e), title III, § 3003(b), Dec. 18, 1991, 105 Stat. 1966, 2088; Pub. L. 103–272, § 5(f)(2), July 5, 1994, 108 Stat. 1374; Pub. L. 103–429, § 7(a)(4)(C), Oct. 31, 1994, 108 Stat. 4389; Pub. L. 105–178, title I, § 1103(l)(3)(D), (4), June 9, 1998, 112 Stat. 126; Pub. L. 112–141, div. A, title I, §§ 1513(b), 1519(c)(8), formerly § 1519(c)(9), July 6, 2012, 126 Stat. 572, 576, renumbered § 1519(c)(8), Pub. L. 114–94, div. A, title I, § 1446(d)(5)(B), Dec. 4, 2015, 129 Stat. 1438; Pub. L. 114–94, div. A, title I, §§ 1109(c)(5), 1446(d)(5)(D), Dec. 4, 2015, 129 Stat. 1343, 1438.)
§ 143.
Highway use tax evasion projects
(a)
State Defined.—
In this section, the term “State” means the 50 States and the District of Columbia.
(b)
Projects.—
(1)
In general.—
The Secretary shall carry out highway use tax evasion projects in accordance with this subsection.
(2)
Funding.—
(A)
In general.—
From administrative funds made available under section 104(a), the Secretary may deduct such sums as are necessary, not to exceed $4,000,000 for each of fiscal years 2016 through 2020, to carry out this section.
(B)
Allocation of funds.—
Funds made available to carry out this section may be allocated to the Internal Revenue Service and the States at the discretion of the Secretary, except that of funds so made available for each fiscal year, $2,000,000 shall be available only to carry out intergovernmental enforcement efforts, including research and training.
(3)
Conditions on funds allocated to internal revenue service.—
Except as otherwise provided in this section, the Secretary shall not impose any condition on the use of funds allocated to the Internal Revenue Service under this subsection.
(4)
Limitation on use of funds.—
Funds made available to carry out this section shall be used only—
(A) to expand efforts to enhance motor fuel tax enforcement;
(B) to fund additional Internal Revenue Service staff, but only to carry out functions described in this paragraph;
(C) to supplement motor fuel tax examinations and criminal investigations;
(D) to develop automated data processing tools to monitor motor fuel production and sales;
(E) to evaluate and implement registration and reporting requirements for motor fuel taxpayers;
(F) to reimburse State expenses that supplement existing fuel tax compliance efforts;
(G) to analyze and implement programs to reduce tax evasion associated with other highway use taxes;
(H) to support efforts between States and Indian tribes to address issues relating to State motor fuel taxes; and
(I) to analyze and implement programs to reduce tax evasion associated with foreign imported fuel.
(5)
Maintenance of effort.—
The Secretary may not make an allocation to a State under this subsection for a fiscal year unless the State certifies that the aggregate expenditure of funds of the State, exclusive of Federal funds, for motor fuel tax enforcement activities will be maintained at a level that does not fall below the average level of such expenditure for the preceding 2 fiscal years of the State.
(6)
Federal share.—
The Federal share of the cost of a project carried out under this subsection shall be 100 percent.
(7)
Period of availability.—
Funds authorized to carry out this section shall remain available for obligation for a period of 3 years after the last day of the fiscal year for which the funds are authorized.
(8)
In addition to funds made available to carry out this section, a State may expend up to ¼ of 1 percent of the funds apportioned to the State for a fiscal year under section 104(b)(2) on initiatives to halt the evasion of payment of motor fuel taxes.
(9)
Reports.—
The Commissioner of the Internal Revenue Service and each State shall submit to the Secretary, the Committee on Transportation and Infrastructure of the House of Representatives, and the Committee on Environment and Public Works of the Senate an annual report that describes the projects, examinations, and criminal investigations funded by and carried out under this section. Such report shall specify the estimated annual yield from such projects, examinations, and criminal investigations.
(c)
Excise Tax Fuel Reporting.—
(1)
In general.—
Not later than 90 days after the date of enactment of the SAFETEA–LU, the Secretary shall enter into a memorandum of understanding with the Commissioner of the Internal Revenue Service for the purposes of—
(A) the additional development of capabilities needed to support new reporting requirements and databases established under such Act and the American Jobs Creation Act of 2004 (Public Law 108–357), and such other reporting requirements and database development as may be determined by the Secretary, in consultation with the Commissioner of the Internal Revenue Service, to be useful in the enforcement of fuel excise taxes, including provisions recommended by the Fuel Tax Enforcement Advisory Committee,
(B) the completion of requirements needed for the electronic reporting of fuel transactions from carriers and terminal operators,
(C) the operation and maintenance of an excise summary terminal activity reporting system and other systems used to provide strategic analyses of domestic and foreign motor fuel distribution trends and patterns,
(D) the collection, analysis, and sharing of information on fuel distribution and compliance or noncompliance with fuel taxes, and
(E) the development, completion, operation, and maintenance of an electronic claims filing system and database and an electronic database of heavy vehicle highway use payments.
(2)
Elements of memorandum of understanding.—
The memorandum of understanding shall provide that—
(A) the Internal Revenue Service shall develop and maintain any system under paragraph (1) through contracts,
(B) any system under paragraph (1) shall be under the control of the Internal Revenue Service, and
(C) any system under paragraph (1) shall be made available for use by appropriate State and Federal revenue, tax, and law enforcement authorities, subject to section 6103 of the Internal Revenue Code of 1986.
(3)
Funding.—
Of the amounts made available to carry out this section for each fiscal year, the Secretary shall make available to the Internal Revenue Service such funds as may be necessary to complete, operate, and maintain the systems under paragraph (1) in accordance with this subsection.
(4)
Reports.—
Not later than September 30 of each year, the Commissioner of the Internal Revenue Service shall provide reports to the Secretary on the status of the Internal Revenue Service projects funded under this subsection.
(Added Pub. L. 91–605, title I, § 127(a), Dec. 31, 1970, 84 Stat. 1729; amended Pub. L. 93–87, title I, § 122, Aug. 13, 1973, 87 Stat. 261; Pub. L. 105–178, title I, § 1114(a), (c), June 9, 1998, 112 Stat. 152; Pub. L. 105–206, title IX, § 9002(h), July 22, 1998, 112 Stat. 836; Pub. L. 109–59, title I, § 1115(a), (b), Aug. 10, 2005, 119 Stat. 1175, 1176; Pub. L. 112–141, div. A, title I, § 1110, July 6, 2012, 126 Stat. 444; Pub. L. 114–94, div. A, title I, § 1110, Dec. 4, 2015, 129 Stat. 1344.)
§ 144.
National bridge and tunnel inventory and inspection standards
(a)
Findings and Declarations.—
(1)
Findings.—
Congress finds that—
(A) the condition of the bridges of the United States has improved since the date of enactment of the Transportation Equity Act for the 21st Century (Public Law 105–178; 112 Stat. 107), yet continued improvement to bridge conditions is essential to protect the safety of the traveling public and allow for the efficient movement of people and goods on which the economy of the United States relies; and
(B) the systematic preventative maintenance of bridges, and replacement and rehabilitation of deficient bridges, should be undertaken through an overall asset management approach to transportation investment.
(2)
Declarations.—
Congress declares that it is in the vital interest of the United States—
(A) to inventory, inspect, and improve the condition of the highway bridges and tunnels of the United States;
(B) to use a data-driven, risk-based approach and cost-effective strategy for systematic preventative maintenance, replacement, and rehabilitation of highway bridges and tunnels to ensure safety and extended service life;
(C) to use performance-based bridge management systems to assist States in making timely investments;
(D) to ensure accountability and link performance outcomes to investment decisions; and
(E) to ensure connectivity and access for residents of rural areas of the United States through strategic investments in National Highway System bridges and bridges on all public roads.
(b)
National Bridge and Tunnel Inventories.—
The Secretary, in consultation with the States and Federal agencies with jurisdiction over highway bridges and tunnels, shall—
(1) inventory all highway bridges on public roads, on and off Federal-aid highways, including tribally owned and Federally owned bridges, that are bridges over waterways, other topographical barriers, other highways, and railroads;
(2) inventory all tunnels on public roads, on and off Federal-aid highways, including tribally owned and Federally owned tunnels;
(3) classify the bridges according to serviceability, safety, and essentiality for public use, including the potential impacts to emergency evacuation routes and to regional and national freight and passenger mobility if the serviceability of the bridge is restricted or diminished;
(4) based on that classification, assign each a risk-based priority for systematic preventative maintenance, replacement, or rehabilitation; and
(5) determine the cost of replacing each structurally deficient bridge identified under this subsection with a comparable facility or the cost of rehabilitating the bridge.
(c)
General Bridge Authority.—
(1)
In general.—
Except as provided in paragraph (2) and notwithstanding any other provision of law, the General Bridge Act of 1946 (33 U.S.C. 525 et seq.) shall apply to bridges authorized to be replaced, in whole or in part, by this title.
(2)
Exception.—
Section 502(b) of the General Bridge Act of 1946 (33 U.S.C. 525(b)) and section 9 of the Act of March 3, 1899 (33 U.S.C. 401), shall not apply to any bridge constructed, reconstructed, rehabilitated, or replaced with assistance under this title, if the bridge is over waters that—
(A) are not used and are not susceptible to use in the natural condition of the water or by reasonable improvement as a means to transport interstate or foreign commerce; and
(B)
are—
(i) not tidal; or
(ii) if tidal, used only by recreational boating, fishing, and other small vessels that are less than 21 feet in length.
(d)
Inventory Updates and Reports.—
(1)
In general.—
The Secretary shall—
(A) annually revise the inventories authorized by subsection (b); and
(B) submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a report on the inventories.
(2)
Inspection report.—
Not later than 2 years after the date of enactment of the MAP–21, each State and appropriate Federal agency shall report element level data to the Secretary, as each bridge is inspected pursuant to this section, for all highway bridges on the National Highway System.
(3)
Guidance.—
The Secretary shall provide guidance to States and Federal agencies for implementation of this subsection, while respecting the existing inspection schedule of each State.
(4)
Bridges not on national highway system.—
The Secretary shall—
(A) conduct a study on the benefits, cost-effectiveness, and feasibility of requiring element-level data collection for bridges not on the National Highway System; and
(B) submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a report on the results of the study.
(e)
Bridges Without Taxing Powers.—
(1)
In general.—
Notwithstanding any other provision of law, any bridge that is owned and operated by an agency that does not have taxing powers and whose functions include operating a federally assisted public transit system subsidized by toll revenues shall be eligible for assistance under this title, but the amount of such assistance shall in no event exceed the cumulative amount which such agency has expended for capital and operating costs to subsidize such transit system.
(2)
Insufficient assets.—
Before authorizing an expenditure of funds under this subsection, the Secretary shall determine that the applicant agency has insufficient reserves, surpluses, and projected revenues (over and above those required for bridge and transit capital and operating costs) to fund the bridge project or activity eligible for assistance under this title.
(3)
Crediting of non-federal funds.—
Any non-Federal funds expended for the seismic retrofit of the bridge may be credited toward the non-Federal share required as a condition of receipt of any Federal funds for seismic retrofit of the bridge made available after the date of the expenditure.
(f)
Replacement of Destroyed Bridges and Ferry Boat Service.—
(1)
In general.—
Notwithstanding any other provision of law, a State may use the funds apportioned under section 104(b)(2) to construct any bridge that replaces—
(A) any low water crossing (regardless of the length of the low water crossing);
(B) any bridge that was destroyed prior to January 1, 1965;
(C) any ferry that was in existence on January 1, 1984; or
(D) any road bridge that is rendered obsolete as a result of a Corps of Engineers flood control or channelization project and is not rebuilt with funds from the Corps of Engineers.
(2)
Federal share.—
The Federal share payable on any bridge construction carried out under paragraph (1) shall be 80 percent of the cost of the construction.
(g)
Historic Bridges.—
(1)
Definition of historic bridge.—
In this subsection, the term “historic bridge” means any bridge that is listed on, or eligible for listing on, the National Register of Historic Places.
(2)
Coordination.—
The Secretary shall, in cooperation with the States, encourage the retention, rehabilitation, adaptive reuse, and future study of historic bridges.
(3)
State inventory.—
The Secretary shall require each State to complete an inventory of all bridges on and off Federal-aid highways to determine the historic significance of the bridges.
(4)
Eligibility.—
(A)
In general.—
Subject to subparagraph (B), reasonable costs associated with actions to preserve, or reduce the impact of a project under this chapter on, the historic integrity of a historic bridge shall be eligible as reimbursable project costs under section 133 if the load capacity and safety features of the historic bridge are adequate to serve the intended use for the life of the historic bridge.
(B)
Bridges not used for vehicle traffic.—
In the case of a historic bridge that is no longer used for motorized vehicular traffic, the costs eligible as reimbursable project costs pursuant to this chapter shall not exceed the estimated cost of demolition of the historic bridge.
(5)
Preservation.—
Any State that proposes to demolish a historic bridge for a replacement project with funds made available to carry out this section shall first make the historic bridge available for donation to a State, locality, or responsible private entity if the State, locality, or responsible entity enters into an agreement—
(A) to maintain the bridge and the features that give the historic bridge its historic significance; and
(B) to assume all future legal and financial responsibility for the historic bridge, which may include an agreement to hold the State transportation department harmless in any liability action.
(6)
Costs incurred.—
(A)
In general.—
Costs incurred by the State to preserve a historic bridge (including funds made available to the State, locality, or private entity to enable it to accept the bridge) shall be eligible as reimbursable project costs under this chapter in an amount not to exceed the cost of demolition.
(B)
Additional funding.—
Any bridge preserved pursuant to this paragraph shall not be eligible for any other funds authorized pursuant to this title.
(h)
National Bridge and Tunnel Inspection Standards.—
(1)
Requirement.—
(A)
In general.—
The Secretary shall establish and maintain inspection standards for the proper inspection and evaluation of all highway bridges and tunnels for safety and serviceability.
(B)
Uniformity.—
The standards under this subsection shall be designed to ensure uniformity of the inspections and evaluations.
(2)
Minimum requirements of inspection standards.—
The standards established under paragraph (1) shall, at a minimum—
(A) specify, in detail, the method by which the inspections shall be carried out by the States, Federal agencies, and tribal governments;
(B) establish the maximum time period between inspections;
(C) establish the qualifications for those charged with carrying out the inspections;
(D)
require each State, Federal agency, and tribal government to maintain and make available to the Secretary on request—
(i) written reports on the results of highway bridge and tunnel inspections and notations of any action taken pursuant to the findings of the inspections; and
(ii) current inventory data for all highway bridges and tunnels reflecting the findings of the most recent highway bridge and tunnel inspections conducted; and
(E) establish a procedure for national certification of highway bridge inspectors and tunnel inspectors.
(3)
State compliance with inspection standards.—
The Secretary shall, at a minimum—
(A)
establish, in consultation with the States, Federal agencies, and interested and knowledgeable private organizations and individuals, procedures to conduct reviews of State compliance with—
(i) the standards established under this subsection; and
(ii) the calculation or reevaluation of bridge load ratings; and
(B)
establish, in consultation with the States, Federal agencies, and interested and knowledgeable private organizations and individuals, procedures for States to follow in reporting to the Secretary—
(i) critical findings relating to structural or safety-related deficiencies of highway bridges and tunnels; and
(ii) monitoring activities and corrective actions taken in response to a critical finding described in clause (i).
(4)
Reviews of state compliance.—
(A)
In general.—
The Secretary shall annually review State compliance with the standards established under this section.
(B)
Noncompliance.—
If an annual review in accordance with subparagraph (A) identifies noncompliance by a State, the Secretary shall—
(i) issue a report detailing the issues of the noncompliance by December 31 of the calendar year in which the review was made; and
(ii)
provide the State an opportunity to address the noncompliance by—
(I) developing a corrective action plan to remedy the noncompliance; or(II) resolving the issues of noncompliance not later than 45 days after the date of notification.
(5)
Penalty for noncompliance.—
(A)
In general.—
If a State fails to satisfy the requirements of paragraph (4)(B) by August 1 of the calendar year following the year of a finding of noncompliance, the Secretary shall, on October 1 of that year, and each year thereafter as may be necessary, require the State to dedicate funds apportioned to the State under sections 119 and 133 after the date of enactment of the MAP–21 to correct the noncompliance with the minimum inspection standards established under this subsection.
(B)
Amount.—
The amount of the funds to be directed to correcting noncompliance in accordance with subparagraph (A) shall—
(i) be determined by the State based on an analysis of the actions needed to address the noncompliance; and
(ii) require approval by the Secretary.
(6)
Update of standards.—
Not later than 3 years after the date of enactment of the MAP–21, the Secretary shall update inspection standards to cover—
(A) the methodology, training, and qualifications for inspectors; and
(B) the frequency of inspection.
(7)
Risk-based approach.—
In carrying out the revisions required by paragraph (6), the Secretary shall consider a risk-based approach to determining the frequency of bridge inspections.
(i)
Training Program for Bridge and Tunnel Inspectors.—
(1)
In general.—
The Secretary, in cooperation with the State transportation departments, shall maintain a program designed to train appropriate personnel to carry out highway bridge and tunnel inspections.
(2)
Revisions.—
The training program shall be revised from time to time to take into account new and improved techniques.
(j)
Bundling of Bridge Projects.—
(1)
Purpose.—
The purpose of this subsection is to save costs and time by encouraging States to bundle multiple bridge projects as 1 project.
(2)
Eligible entity defined.—
In this subsection, the term “eligible entity” means an entity eligible to carry out a bridge project under section 119 or 133.
(3)
Bundling of bridge projects.—
An eligible entity may bundle 2 or more similar bridge projects that are—
(A) eligible projects under section 119 or 133;
(B) included as a bundled project in a transportation improvement program under section 134(j) or a statewide transportation improvement program under section 135, as applicable; and
(C) awarded to a single contractor or consultant pursuant to a contract for engineering and design or construction between the contractor and an eligible entity.
(4)
Itemization.—
Notwithstanding any other provision of law (including regulations), a bundling of bridge projects under this subsection may be listed as—
(A) 1 project for purposes of sections 134 and 135; and
(B) a single project.
(5)
Financial characteristics.—
Projects bundled under this subsection shall have the same financial characteristics, including—
(A) the same funding category or subcategory; and
(B) the same Federal share.
(6)
Engineering cost reimbursement.—
The provisions of section 102(b) do not apply to projects carried out under this subsection.
(k)
Availability of Funds.—
In carrying out this section—
(1) the Secretary may use funds made available to the Secretary under sections 104(a) and 503;
(2) a State may use amounts apportioned to the State under section 104(b)(1) and 104(b)(2);
(3) an Indian tribe may use funds made available to the Indian tribe under section 202; and
(4) a Federal agency may use funds made available to the agency under section 503.
(Added Pub. L. 91–605, title II, § 204(a), Dec. 31, 1970, 84 Stat. 1741; amended Pub. L. 93–87, title II, § 204, Aug. 13, 1973, 87 Stat. 284; Pub. L. 93–643, § 113, Jan. 4, 1975, 88 Stat. 2286; Pub. L. 95–599, title I, § 124(a), Nov. 6, 1978, 92 Stat. 2702; Pub. L. 96–106, §§ 7, 8(a), Nov. 9, 1979, 93 Stat. 797; Pub. L. 97–327, § 5(c), Oct. 15, 1982, 96 Stat. 1612; Pub. L. 97–424, title I, §§ 121(a), 122(a), Jan. 6, 1983, 96 Stat. 2111, 2112; Pub. L. 100–17, title I, §§ 123(a)–(d)(1), (3), (e), (f)(2), 128, 133(b)(11), Apr. 2, 1987, 101 Stat. 161–163, 167, 172; Pub. L. 102–240, title I, § 1028(a)–(f), Dec. 18, 1991, 105 Stat. 1967, 1968; Pub. L. 103–220, § 1, Mar. 17, 1994, 108 Stat. 100; Pub. L. 104–59, title III, §§ 318, 325(b), Nov. 28, 1995, 109 Stat. 588, 592; Pub. L. 105–178, title I, §§ 1109, 1115(f)(3); June 9, 1998, 112 Stat. 141; Pub. L. 105–206, title IX, § 9002(i), July 22, 1998, 112 Stat. 836; Pub. L. 108–88, § 2(b)(5), Sept. 30, 2003, 117 Stat. 1111; Pub. L. 108–202, § 2(b)(3), Feb. 29, 2004, 118 Stat. 478; Pub. L. 108–224, § 2(b)(2), Apr. 30, 2004, 118 Stat. 627; Pub. L. 108–263, § 2(b)(2), June 30, 2004, 118 Stat. 698; Pub. L. 108–280, § 2(b)(2), July 30, 2004, 118 Stat. 876; Pub. L. 108–310, § 2(b)(5), Sept. 30, 2004, 118 Stat. 1145; Pub. L. 109–14, § 2(b)(3), May 31, 2005, 119 Stat. 324; Pub. L. 109–20, § 2(b)(2), July 1, 2005, 119 Stat. 346; Pub. L. 109–35, § 2(b)(2), July 20, 2005, 119 Stat. 379; Pub. L. 109–37, § 2(b)(2), July 22, 2005, 119 Stat. 394; Pub. L. 109–40, § 2(b)(2), July 28, 2005, 119 Stat. 410; Pub. L. 109–59, title I, § 1114, Aug. 10, 2005, 119 Stat. 1172; Pub. L. 110–244, title I, § 101(m)(1), June 6, 2008, 122 Stat. 1575; Pub. L. 112–141, div. A, title I, § 1111(a), July 6, 2012, 126 Stat. 445; Pub. L. 114–94, div. A, title I, § 1111, Dec. 4, 2015, 129 Stat. 1344.)
§ 145.
Federal-State relationship
(a)
Protection of State Sovereignty.—
The authorization of the appropriation of Federal funds or their availability for expenditure under this chapter shall in no way infringe on the sovereign rights of the States to determine which projects shall be federally financed. The provisions of this chapter provide for a federally assisted State program.
(b)
Purpose of Projects.—
The projects described in section 1702 of the SAFETEA–LU, section 1602 of the Transportation Equity Act for the 21st Century, sections 1103 through 1108 of the Intermodal Surface Transportation Efficiency Act of 1991 (105 Stat. 2027 et seq.), and section 149(a) of the Surface Transportation and Uniform Relocation Assistance Act of 1987 (101 Stat. 181 et seq.) are intended to establish eligibility for Federal-aid highway funds made available for such projects by section 1101(a)(16) of the SAFETEA–LU, section 1101(a)(13) of the Transportation Equity Act for the 21st Century, sections 1103 through 1108 of the Intermodal Surface Transportation Efficiency Act of 1991, and subsections (b), (c), and (d) of section 149 of the Surface Transportation and Uniform Relocation Assistance Act of 1987, respectively, and are not intended to define the scope or limits of Federal action in a manner inconsistent with subsection (a).
(Added Pub. L. 93–87, title I, § 123(a), Aug. 13, 1973, 87 Stat. 261; amended Pub. L. 105–178, title I, § 1601(b), June 9, 1998, 112 Stat. 256; Pub. L. 109–59, title I, § 1701(e), Aug. 10, 2005, 119 Stat. 1256; Pub. L. 112–141, div. A, title I, § 1519(c)(9), formerly § 1519(c)(10), July 6, 2012, 126 Stat. 576, renumbered § 1519(c)(9), Pub. L. 114–94, div. A, title I, § 1446(d)(5)(B), Dec. 4, 2015, 129 Stat. 1438.)
§ 146.
Carpool and vanpool projects
(a) In order to conserve fuel, decrease traffic congestion during rush hours, improve air quality, and enhance the use of existing highways and parking facilities, the Secretary may approve for Federal financial assistance from funds apportioned under section 104(b)(2) of this title, projects designed to encourage the use of carpools and vanpools. (As used hereafter in this section, the term “carpool” includes a vanpool.) Such a project may include, but is not limited to, such measures as providing carpooling opportunities to the elderly and handicapped, systems for locating potential riders and informing them of convenient carpool opportunities, acquiring vehicles appropriate for carpool use, designating existing highway lanes as preferential carpool highway lanes, providing related traffic control devices, and designating existing facilities for use as preferential parking for carpools.
(b) A project authorized by this section shall be subject to and carried out in accordance with all provisions of this title, except those provisions which the Secretary determines are inconsistent with this section.
(Added Pub. L. 95–599, title I, § 126(a), Nov. 6, 1978, 92 Stat. 2705; amended Pub. L. 105–178, title I, § 1103(l)(1), June 9, 1998, 112 Stat. 125; Pub. L. 112–141, div. A, title I, § 1105(b), July 6, 2012, 126 Stat. 432.)
§ 147.
Construction of ferry boats and ferry terminal facilities
(a)
Program.—
The Secretary shall carry out a program for construction of ferry boats and ferry terminal facilities in accordance with section 129(c).
(b)
Federal Share.—
The Federal share of the cost of construction of ferry boats, ferry terminals, and ferry maintenance facilities under this section shall be 80 percent.
(c)
Distribution of Funds.—
Of the amounts made available to ferry systems and public entities responsible for developing ferries under this section for a fiscal year, 100 percent shall be allocated in accordance with the formula set forth in subsection (d).
(d)
Formula.—
Of the amounts allocated under subsection (c)—
(1)
35 percent shall be allocated among eligible entities in the proportion that—
(A) the number of ferry passengers, including passengers in vehicles, carried by each ferry system in the most recent calendar year for which data is available; bears to
(B) the number of ferry passengers, including passengers in vehicles, carried by all ferry systems in the most recent calendar year for which data is available;
(2)
35 percent shall be allocated among eligible entities in the proportion that—
(A) the number of vehicles carried by each ferry system in the most recent calendar year for which data is available; bears to
(B) the number of vehicles carried by all ferry systems in the most recent calendar year for which data is available; and
(3)
30 percent shall be allocated among eligible entities in the proportion that—
(A) the total route nautical miles serviced by each ferry system in the most recent calendar year for which data is available; bears to
(B) the total route nautical miles serviced by all ferry systems in the most recent calendar year for which data is available.
(e)
Redistribution of Unobligated Amounts.—
The Secretary shall—
(1) withdraw amounts allocated to an eligible entity under subsection (c) that remain unobligated by the end of the third fiscal year following the fiscal year for which the amounts were allocated; and
(2) in the subsequent fiscal year, redistribute the amounts referred to in paragraph (1) in accordance with the formula under subsection (d) among eligible entities for which no amounts were withdrawn under paragraph (1).
(f)
Minimum Amount.—
Notwithstanding subsection (c), a State with an eligible entity that meets the requirements of this section shall receive not less than $100,000 under this section for a fiscal year.
(g)
Implementation.—
(1)
Data collection.—
(A)
National ferry database.—
Amounts made available for a fiscal year under this section shall be allocated using the most recent data available, as collected and imputed in accordance with the national ferry database established under section 1801(e) of SAFETEA–LU (23 U.S.C. 129 note).
(B)
Eligibility for funding.—
To be eligible to receive funds under subsection (c), data shall have been submitted in the most recent collection of data for the national ferry database under section 1801(e) of SAFETEA–LU (23 U.S.C. 129 note) for at least 1 ferry service within the State.
(2)
Adjustments.—
On review of the data submitted under paragraph (1)(B), the Secretary may make adjustments to the data as the Secretary determines necessary to correct misreported or inconsistent data.
(h)
Authorization of Appropriations.—
There is authorized to be appropriated out of the Highway Trust Fund (other than the Mass Transit Account) to carry out this section $80,000,000 for each of fiscal years 2016 through 2020.
(i)
Period of Availability.—
Notwithstanding section 118(b), funds made available to carry out this section shall remain available until expended.
(j)
Applicability.—
All provisions of this chapter that are applicable to the National Highway System, other than provisions relating to apportionment formula and Federal share, shall apply to funds made available to carry out this section, except as determined by the Secretary to be inconsistent with this section.
(Added Pub. L. 93–87, title I, § 126(a), Aug. 13, 1973, 87 Stat. 263; amended Pub. L. 94–280, title I, § 130, May 5, 1976, 90 Stat. 440; Pub. L. 105–178, title I, § 1212(a)(2)(A)(i), June 9, 1998, 112 Stat. 193; Pub. L. 109–59, title I, § 1801(a), Aug. 10, 2005, 119 Stat. 1455; Pub. L. 112–141, div. A, title I, § 1121(a), July 6, 2012, 126 Stat. 493; Pub. L. 114–94, div. A, title I, § 1112(a), Dec. 4, 2015, 129 Stat. 1345.)
§ 148.
Highway safety improvement program
(a)
Definitions.—
In this section, the following definitions apply:
(1)
High risk rural road.—
The term “high risk rural road” means any roadway functionally classified as a rural major or minor collector or a rural local road with significant safety risks, as defined by a State in accordance with an updated State strategic highway safety plan.
(2)
Highway basemap.—
The term “highway basemap” means a representation of all public roads that can be used to geolocate attribute data on a roadway.
(3)
Highway safety improvement program.—
The term “highway safety improvement program” means projects, activities, plans, and reports carried out under this section.
(4)
Highway safety improvement project.—
(A)
In general.—
The term “highway safety improvement project” means strategies, activities, and projects on a public road that are consistent with a State strategic highway safety plan and—
(i) correct or improve a hazardous road location or feature; or
(ii) address a highway safety problem.
(B)
Inclusions.—
The term “highway safety improvement project” only includes a project for 1 or more of the following:
(i) An intersection safety improvement.
(ii) Pavement and shoulder widening (including addition of a passing lane to remedy an unsafe condition).
(iii) Installation of rumble strips or another warning device, if the rumble strips or other warning devices do not adversely affect the safety or mobility of bicyclists and pedestrians, including persons with disabilities.
(iv) Installation of a skid-resistant surface at an intersection or other location with a high frequency of crashes.
(v) An improvement for pedestrian or bicyclist safety or safety of persons with disabilities.
(vi) Construction and improvement of a railway-highway grade crossing safety feature, including installation of protective devices.
(vii) The conduct of a model traffic enforcement activity at a railway-highway crossing.
(viii) Construction of a traffic calming feature.
(ix) Elimination of a roadside hazard.
(x) Installation, replacement, and other improvement of highway signage and pavement markings, or a project to maintain minimum levels of retroreflectivity, that addresses a highway safety problem consistent with a State strategic highway safety plan.
(xi) Installation of a priority control system for emergency vehicles at signalized intersections.
(xii) Installation of a traffic control or other warning device at a location with high crash potential.
(xiii) Transportation safety planning.
(xiv) Collection, analysis, and improvement of safety data.
(xv) Planning integrated interoperable emergency communications equipment, operational activities, or traffic enforcement activities (including police assistance) relating to work zone safety.
(xvi) Installation of guardrails, barriers (including barriers between construction work zones and traffic lanes for the safety of road users and workers), and crash attenuators.
(xvii) The addition or retrofitting of structures or other measures to eliminate or reduce crashes involving vehicles and wildlife.
(xviii) Installation of yellow-green signs and signals at pedestrian and bicycle crossings and in school zones.
(xix) Construction and operational improvements on high risk rural roads.
(xx) Geometric improvements to a road for safety purposes that improve safety.
(xxi) A road safety audit.
(xxii) Roadway safety infrastructure improvements consistent with the recommendations included in the publication of the Federal Highway Administration entitled “Highway Design Handbook for Older Drivers and Pedestrians” (FHWA–RD–01–103), dated May 2001 or as subsequently revised and updated.
(xxiii) Truck parking facilities eligible for funding under section 1401 of the MAP–21.
(xxiv) Systemic safety improvements.
(xxv) Installation of vehicle-to-infrastructure communication equipment.
(xxvi) Pedestrian hybrid beacons.
(xxvii) Roadway improvements that provide separation between pedestrians and motor vehicles, including medians and pedestrian crossing islands.
(xxviii) A physical infrastructure safety project not described in clauses (i) through (xxvii).
(5)
Model inventory of roadway elements.—
The term “model inventory of roadway elements” means the listing and standardized coding by the Federal Highway Administration of roadway and traffic data elements critical to safety management, analysis, and decisionmaking.
(6)
Project to maintain minimum levels of retroreflectivity.—
The term “project to maintain minimum levels of retroreflectivity” means a project that is designed to maintain a highway sign or pavement marking retroreflectivity at or above the minimum levels prescribed in Federal or State regulations.
(7)
Road safety audit.—
The term “road safety audit” means a formal safety performance examination of an existing or future road or intersection by an independent multidisciplinary audit team.
(8)
Road users.—
(9)
Safety data.—
(A)
In general.—
The term “safety data” means crash, roadway, and traffic data on a public road.
(B)
Inclusion.—
The term “safety data” includes, in the case of a railway-highway grade crossing, the characteristics of highway and train traffic, licensing, and vehicle data.
(10)
State highway safety improvement program.—
The term “State highway safety improvement program” means a program of highway safety improvement projects, activities, plans and reports carried out as part of the Statewide transportation improvement program under section 135(g).
(11)
State strategic highway safety plan.—
The term “State strategic highway safety plan” means a comprehensive plan, based on safety data, developed by a State transportation department that—
(A)
is developed after consultation with—
(i) a highway safety representative of the Governor of the State;
(ii) regional transportation planning organizations and metropolitan planning organizations, if any;
(iii) representatives of major modes of transportation;
(iv) State and local traffic enforcement officials;
(v) a highway-rail grade crossing safety representative of the Governor of the State;
(vi) representatives conducting a motor carrier safety program under section 31102, 31106, or 31309 of title 49;
(vii) motor vehicle administration agencies;
(viii) county transportation officials;
(ix) State representatives of nonmotorized users; and
(x) other major Federal, State, tribal, and local safety stakeholders;
(B) analyzes and makes effective use of State, regional, local, or tribal safety data;
(C) addresses engineering, management, operation, education, enforcement, and emergency services elements (including integrated, interoperable emergency communications) of highway safety as key factors in evaluating highway projects;
(D) considers safety needs of, and high-fatality segments of, all public roads, including non-State-owned public roads and roads on tribal land;
(E) considers the results of State, regional, or local transportation and highway safety planning processes;
(F) describes a program of strategies to reduce or eliminate safety hazards;
(G) is approved by the Governor of the State or a responsible State agency;
(H) is consistent with section 135(g); and
(I) is updated and submitted to the Secretary for approval as required under subsection (d)(2).
(12)
Systemic safety improvement.—
The term “systemic safety improvement” means an improvement that is widely implemented based on high-risk roadway features that are correlated with particular crash types, rather than crash frequency.
(b)
Program.—
(1)
In general.—
The Secretary shall carry out a highway safety improvement program.
(2)
Purpose.—
The purpose of the highway safety improvement program shall be to achieve a significant reduction in traffic fatalities and serious injuries on all public roads, including non-State-owned public roads and roads on tribal land.
(c)
Eligibility.—
(1)
In general.—
To obligate funds apportioned under section 104(b)(3) to carry out this section, a State shall have in effect a State highway safety improvement program under which the State—
(A) develops, implements, and updates a State strategic highway safety plan that identifies and analyzes highway safety problems and opportunities as provided in subsections (a)(11) and (d);
(B) produces a program of projects or strategies to reduce identified safety problems; and
(C) evaluates the strategic highway safety plan on a regularly recurring basis in accordance with subsection (d)(1) to ensure the accuracy of the data and priority of proposed strategies.
(2)
Identification and analysis of highway safety problems and opportunities.—
As part of the State highway safety improvement program, a State shall—
(A)
have in place a safety data system with the ability to perform safety problem identification and countermeasure analysis—
(i) to improve the timeliness, accuracy, completeness, uniformity, integration, and accessibility of the safety data on all public roads, including non-State-owned public roads and roads on tribal land in the State;
(ii) to evaluate the effectiveness of data improvement efforts;
(iii) to link State data systems, including traffic records, with other data systems within the State;
(iv) to improve the compatibility and interoperability of safety data with other State transportation-related data systems and the compatibility and interoperability of State safety data systems with data systems of other States and national data systems;
(v) to enhance the ability of the Secretary to observe and analyze national trends in crash occurrences, rates, outcomes, and circumstances; and
(vi) to improve the collection of data on nonmotorized crashes;
(B)
based on the analysis required by subparagraph (A)—
(i) identify hazardous locations, sections, and elements (including roadside obstacles, railway-highway crossing needs, and unmarked or poorly marked roads) that constitute a danger to motorists (including motorcyclists), bicyclists, pedestrians, and other highway users;
(ii) using such criteria as the State determines to be appropriate, establish the relative severity of those locations, in terms of crashes (including crash rates), fatalities, serious injuries, traffic volume levels, and other relevant data;
(iii) identify the number of fatalities and serious injuries on all public roads by location in the State;
(iv) identify highway safety improvement projects on the basis of crash experience, crash potential, crash rate, or other data-supported means; and
(v) consider which projects maximize opportunities to advance safety;
(C)
adopt strategic and performance-based goals that—
(i) address traffic safety, including behavioral and infrastructure problems and opportunities on all public roads;
(ii) focus resources on areas of greatest need; and
(iii) are coordinated with other State highway safety programs;
(D)
advance the capabilities of the State for safety data collection, analysis, and integration in a manner that—
(i) complements the State highway safety program under chapter 4 and the commercial vehicle safety plan under section 31102 of title 49;
(ii) includes all public roads, including public non-State-owned roads and roads on tribal land;
(iii) identifies hazardous locations, sections, and elements on all public roads that constitute a danger to motorists (including motorcyclists), bicyclists, pedestrians, persons with disabilities, and other highway users;
(iv) includes a means of identifying the relative severity of hazardous locations described in clause (iii) in terms of crashes (including crash rate), serious injuries, fatalities, and traffic volume levels; and
(v) improves the ability of the State to identify the number of fatalities and serious injuries on all public roads in the State with a breakdown by functional classification and ownership in the State;
(E)
(i) determine priorities for the correction of hazardous road locations, sections, and elements (including railway-highway crossing improvements), as identified through safety data analysis;
(ii) identify opportunities for preventing the development of such hazardous conditions; and
(iii) establish and implement a schedule of highway safety improvement projects for hazard correction and hazard prevention; and
(F)
(i) establish an evaluation process to analyze and assess results achieved by highway safety improvement projects carried out in accordance with procedures and criteria established by this section; and
(ii) use the information obtained under clause (i) in setting priorities for highway safety improvement projects.
(d)
Updates to Strategic Highway Safety Plans.—
(1)
Establishment of requirements.—
(A)
In general.—
Not later than 1 year after the date of enactment of the MAP–21, the Secretary shall establish requirements for regularly recurring State updates of strategic highway safety plans.
(B)
Contents of updated strategic highway safety plans.—
In establishing requirements under this subsection, the Secretary shall ensure that States take into consideration, with respect to updated strategic highway safety plans—
(i) the findings of road safety audits;
(ii) the locations of fatalities and serious injuries;
(iii) the locations that do not have an empirical history of fatalities and serious injuries, but possess risk factors for potential crashes;
(iv) rural roads, including all public roads, commensurate with fatality data;
(v) motor vehicle crashes that include fatalities or serious injuries to pedestrians and bicyclists;
(vi) the cost-effectiveness of improvements;
(vii) improvements to rail-highway grade crossings; and
(viii) safety on all public roads, including non-State-owned public roads and roads on tribal land.
(2)
Approval of updated strategic highway safety plans.—
(A)
In general.—
Each State shall—
(i) update the strategic highway safety plans of the State in accordance with the requirements established by the Secretary under this subsection; and
(ii) submit the updated plans to the Secretary, along with a detailed description of the process used to update the plan.
(B)
Requirements for approval.—
The Secretary shall not approve the process for an updated strategic highway safety plan unless—
(i) the updated strategic highway safety plan is consistent with the requirements of this subsection and subsection (a)(11); and
(ii) the process used is consistent with the requirements of this subsection.
(3)
Penalty for failure to have an approved updated strategic highway safety plan.—
If a State does not have an updated strategic highway safety plan with a process approved by the Secretary by August 1 of the fiscal year beginning after the date of establishment of the requirements under paragraph (1), the State shall not be eligible to receive any additional limitation pursuant to the redistribution of the limitation on obligations for Federal-aid highway and highway safety construction programs that occurs after August 1 for each succeeding fiscal year until the fiscal year during which the plan is approved.
(e)
Eligible Projects.—
(1)
In general.—
Funds apportioned to the State under section 104(b)(3) may be obligated to carry out—
(A) any highway safety improvement project on any public road or publicly owned bicycle or pedestrian pathway or trail;
(B) as provided in subsection (g); or
(C) any project to maintain minimum levels of retroreflectivity with respect to a public road, without regard to whether the project is included in an applicable State strategic highway safety plan.
(2)
Use of other funding for safety.—
(A)
Effect of section.—
Nothing in this section prohibits the use of funds made available under other provisions of this title for highway safety improvement projects.
(B)
Use of other funds.—
States are encouraged to address the full scope of the safety needs and opportunities of the States by using funds made available under other provisions of this title (except a provision that specifically prohibits that use).
(f)
Data Improvement.—
(1)
Definition of data improvement activities.—
In this subsection, the following definitions apply:
(A)
In general.—
The term “data improvement activities” means a project or activity to further the capacity of a State to make more informed and effective safety infrastructure investment decisions.
(B)
Inclusions.—
The term “data improvement activities” includes a project or activity—
(i) to create, update, or enhance a highway basemap of all public roads in a State;
(ii) to collect safety data, including data identified as part of the model inventory for roadway elements, for creation of or use on a highway basemap of all public roads in a State;
(iii) to store and maintain safety data in an electronic manner;
(iv) to develop analytical processes for safety data elements;
(v) to acquire and implement roadway safety analysis tools; and
(vi) to support the collection, maintenance, and sharing of safety data on all public roads and related systems associated with the analytical usage of that data.
(2)
Model inventory of roadway elements.—
The Secretary shall—
(A) establish a subset of the model inventory of roadway elements that are useful for the inventory of roadway safety; and
(B) ensure that States adopt and use the subset to improve data collection.
(g)
Special Rules.—
(1)
High-risk rural road safety.—
If the fatality rate on rural roads in a State increases over the most recent 2-year period for which data are available, that State shall be required to obligate in the next fiscal year for projects on high risk rural roads an amount equal to at least 200 percent of the amount of funds the State received for fiscal year 2009 for high risk rural roads under subsection (f) of this section, as in effect on the day before the date of enactment of the MAP–21.
(2)
Older drivers.—
If traffic fatalities and serious injuries per capita for drivers and pedestrians over the age of 65 in a State increases during the most recent 2-year period for which data are available, that State shall be required to include, in the subsequent Strategic Highway Safety Plan of the State, strategies to address the increases in those rates, taking into account the recommendations included in the publication of the Federal Highway Administration entitled “Highway Design Handbook for Older Drivers and Pedestrians” (FHWA–RD–01–103), and dated May 2001, or as subsequently revised and updated.
(h)
Reports.—
(1)
In general.—
A State shall submit to the Secretary a report that—
(A) describes progress being made to implement highway safety improvement projects under this section;
(B) assesses the effectiveness of those improvements; and
(C)
describes the extent to which the improvements funded under this section have contributed to reducing—
(i) the number and rate of fatalities on all public roads with, to the maximum extent practicable, a breakdown by functional classification and ownership in the State;
(ii) the number and rate of serious injuries on all public roads with, to the maximum extent practicable, a breakdown by functional classification and ownership in the State; and
(iii) the occurrences of fatalities and serious injuries at railway-highway crossings.
(2)
Contents; schedule.—
The Secretary shall establish the content and schedule for the submission of the report under paragraph (1).
(3)
Transparency.—
The Secretary shall make strategic highway safety plans submitted under subsection (d) and reports submitted under this subsection available to the public through—
(A) the website of the Department; and
(B) such other means as the Secretary determines to be appropriate.
(4)
Discovery and admission into evidence of certain reports, surveys, and information.—
Notwithstanding any other provision of law, reports, surveys, schedules, lists, or data compiled or collected for any purpose relating to this section, shall not be subject to discovery or admitted into evidence in a Federal or State court proceeding or considered for other purposes in any action for damages arising from any occurrence at a location identified or addressed in the reports, surveys, schedules, lists, or other data.
(i)
State Performance Targets.—
If the Secretary determines that a State has not met or made significant progress toward meeting the safety performance targets of the State established under section 150(d), the State shall—
(1) use obligation authority equal to the apportionment of the State for the prior year under section 104(b)(3) only for highway safety improvement projects under this section until the Secretary determines that the State has met or made significant progress toward meeting the safety performance targets of the State; and
(2)
submit annually to the Secretary, until the Secretary determines that the State has met or made significant progress toward meeting the safety performance targets of the State, an implementation plan that—
(A) identifies roadway features that constitute a hazard to road users;
(B) identifies highway safety improvement projects on the basis of crash experience, crash potential, or other data-supported means;
(C) describes how highway safety improvement program funds will be allocated, including projects, activities, and strategies to be implemented;
(D) describes how the proposed projects, activities, and strategies funded under the State highway safety improvement program will allow the State to make progress toward achieving the safety safety 1
1 So in original.
performance targets of the State; and
(E) describes the actions the State will undertake to meet the safety performance targets of the State.
(j)
Federal Share of Highway Safety Improvement Projects.—
Except as provided in sections 120 and 130, the Federal share of the cost of a highway safety improvement project carried out with funds apportioned to a State under section 104(b)(3) shall be 90 percent.
(k)
Data Collection on Unpaved Public Roads.—
(1)
In general.—
A State may elect not to collect fundamental data elements for the model inventory of roadway elements on public roads that are gravel roads or otherwise unpaved if—
(A) the State does not use funds provided to carry out this section for a project on any such roads until the State completes a collection of the required model inventory of roadway elements for the applicable road segment; and
(B) the State demonstrates that the State consulted with affected Indian tribes before ceasing to collect data with respect to such roads that are included in the National Tribal Transportation Facility Inventory under section 202(b)(1) of this title.
(2)
Rule of construction.—
Nothing in this subsection may be construed to allow a State to cease data collection related to serious injuries or fatalities.
(Added Pub. L. 93–87, title I, § 129(b), Aug. 13, 1973, 87 Stat. 265; amended Pub. L. 95–599, title I, §§ 125, 129(d), Nov. 6, 1978, 92 Stat. 2705, 2707; Pub. L. 109–59, title I, § 1401(a)(1), Aug. 10, 2005, 119 Stat. 1219; Pub. L. 112–141, div. A, title I, § 1112(a), July 6, 2012, 126 Stat. 450; Pub. L. 114–94, div. A, title I, §§ 1113(a), 1406(b), Dec. 4, 2015, 129 Stat. 1347, 1410.)
§ 149.
Congestion mitigation and air quality improvement program
(a)
Establishment.—
The Secretary shall establish and implement a congestion mitigation and air quality improvement program in accordance with this section.
(b)
Eligible Projects.—
Except as provided in subsection (d), a State may obligate funds apportioned to it under section 104(b)(4) for the congestion mitigation and air quality improvement program only for a transportation project or program if the project or program is for an area in the State that is or was designated as a nonattainment area for ozone, carbon monoxide, or particulate matter under section 107(d) of the Clean Air Act (42 U.S.C. 7407(d)) and classified pursuant to section 181(a), 186(a), 188(a), or 188(b) of the Clean Air Act (42 U.S.C. 7511(a), 7512(a), 7513(a), or 7513(b)) or is or was designated as a nonattainment area under such section 107(d) after December 31, 1997, or is required to prepare, and file with the Administrator of the Environmental Protection Agency, maintenance plans under the Clean Air Act (42 U.S.C. 7401 et seq.) and—
(1)
(A)
(i)
if the Secretary, after consultation with the Administrator determines, on the basis of information published by the Environmental Protection Agency pursuant to section 108(f)(1)(A) of the Clean Air Act (other than clause (xvi)) that the project or program is likely to contribute to—
(I) the attainment of a national ambient air quality standard in the designated nonattainment area; or(II) the maintenance of a national ambient air quality standard in a maintenance area; and
(ii) a high level of effectiveness in reducing air pollution, in cases of projects or programs where sufficient information is available in the database established pursuant to subsection (h) to determine the relative effectiveness of such projects or programs; or,
(B) in any case in which such information is not available, if the Secretary, after such consultation, determines that the project or program is part of a program, method, or strategy described in such section 108(f)(1)(A);
(2) if the project or program is included in a State implementation plan that has been approved pursuant to the Clean Air Act and the project will have air quality benefits;
(3) the Secretary, after consultation with the Administrator of the Environmental Protection Agency, determines that the project or program is likely to contribute to the attainment or maintenance of a national ambient air quality standard, whether through reductions in vehicle miles traveled, fuel consumption, or through other factors;
(4)
(5) if the program or project improves traffic flow, including projects to improve signalization, construct high occupancy vehicle lanes, improve intersections, add turning lanes, improve transportation systems management and operations that mitigate congestion and improve air quality, and implement intelligent transportation system strategies and such other projects that are eligible for assistance under this section on the day before the date of enactment of this paragraph, including programs or projects to improve incident and emergency response or improve mobility, such as through real-time traffic, transit, and multimodal traveler information;
(6) if the project or program involves the purchase of integrated, interoperable emergency communications equipment;
(7) if the project or program shifts traffic demand to nonpeak hours or other transportation modes, increases vehicle occupancy rates, or otherwise reduces demand for roads through such means as telecommuting, ridesharing, carsharing, alternative work hours, and pricing;
(8)
if the project or program is for—
(A)
the purchase of diesel retrofits that are—
(i) for motor vehicles (as defined in section 216 of the Clean Air Act (42 U.S.C. 7550)); or
(ii)
verified technologies (as defined in section 791 of the Energy Policy Act of 2005 (42 U.S.C. 16131)) for non-road vehicles and non-road engines (as defined in section 216 of the Clean Air Act (42 U.S.C. 7550)) that are used in construction projects or port-related freight operations that are—
(I) located in nonattainment or maintenance areas for ozone, PM10, or PM2.5 (as defined under the Clean Air Act (42 U.S.C. 7401 et seq.)); and(II) funded, in whole or in part, under this title or chapter 53 of title 49; or
(B) the conduct of outreach activities that are designed to provide information and technical assistance to the owners and operators of diesel equipment and vehicles regarding the purchase and installation of diesel retrofits; or
(9) if the project or program is for the installation of vehicle-to-infrastructure communication equipment.
(c)
Special Rules.—
(1)
Projects for pm–10 nonattainment areas.—
A State may obligate funds apportioned to the State under section 104(b)(4) for a project or program for an area that is nonattainment for ozone or carbon monoxide, or both, and for PM–10 resulting from transportation activities, without regard to any limitation of the Department of Transportation relating to the type of ambient air quality standard such project or program addresses.
(2)
Electric vehicle and natural gas vehicle infrastructure.—
A State may obligate funds apportioned under section 104(b)(4) for a project or program to establish electric vehicle charging stations or natural gas vehicle refueling stations for the use of battery powered or natural gas fueled trucks or other motor vehicles at any location in the State (giving priority to corridors designated under section 151) except that such stations may not be established or supported where commercial establishments serving motor vehicle users are prohibited by section 111 of title 23, United States Code.
(3)
HOV facilities.—
No funds may be provided under this section for a project which will result in the construction of new capacity available to single occupant vehicles unless the project consists of a high occupancy vehicle facility available to single occupant vehicles only at other than peak travel times.
(d)
States Flexibility.—
(1)
States without a nonattainment area.—
If a State does not have, and never has had, a nonattainment area designated under the Clean Air Act (42 U.S.C. 7401 et seq.), the State may use funds apportioned to the State under section 104(b)(4) for any project in the State that—
(A) would otherwise be eligible under subsection (b) as if the project were carried out in a nonattainment or maintenance area; or
(B) is eligible under the surface transportation block grant program under section 133.
(2)
States with a nonattainment area.—
(A)
In general.—
If a State has a nonattainment area or maintenance area and received funds in fiscal year 2009 under section 104(b)(2)(D), as in effect on the day before the date of enactment of the MAP–21, above the amount of funds that the State would have received based on the nonattainment and maintenance area population of the State under subparagraphs (B) and (C) of section 104(b)(2), as in effect on the day before the date of enactment of the MAP–21, the State may use for any project that would otherwise be eligible under subsection (b) if the project were carried out in a nonattainment or maintenance area or is eligible under the surface transportation block grant program under section 133 an amount of funds apportioned to such State under section 104(b)(4) that is equal to the product obtained by multiplying—
(i) the amount apportioned to such State under section 104(b)(4) (excluding the amount of funds reserved under subsection (k)(1)); by
(ii) the ratio calculated under subparagraph (B).
(B)
Ratio.—
For purposes of this paragraph, the ratio shall be calculated as the proportion that—
(i) the amount for fiscal year 2009 such State was permitted by section 149(c)(2), as in effect on the day before the date of enactment of the MAP–21, to obligate in any area of the State for projects eligible under section 133, as in effect on the day before the date of enactment of the MAP–21; bears to
(ii) the total apportionment to such State for fiscal year 2009 under section 104(b)(2), as in effect on the day before the date of enactment of the MAP–21.
(3)
Changes in designation.—
If a new nonattainment area is designated or a previously designated nonattainment area is redesignated as an attainment area in a State under the Clean Air Act (42 U.S.C. 7401 et seq.), the Secretary shall modify, in a manner consistent with the approach that was in effect on the day before the date of enactment of MAP–21, the amount such State is permitted to obligate in any area of the State for projects eligible under section 133.
(e)
Applicability of Planning Requirements.—
Programming and expenditure of funds for projects under this section shall be consistent with the requirements of sections 134 and 135 of this title.
(f)
Partnerships With Nongovernmental Entities.—
(1)
In general.—
Notwithstanding any other provision of this title and in accordance with this subsection, a metropolitan planning organization, State transportation department, or other project sponsor may enter into an agreement with any public, private, or nonprofit entity to cooperatively implement any project carried out under this section.
(2)
Forms of participation by entities.—
Participation by an entity under paragraph (1) may consist of—
(A) ownership or operation of any land, facility, vehicle, or other physical asset associated with the project;
(B) cost sharing of any project expense;
(C) carrying out of administration, construction management, project management, project operation, or any other management or operational duty associated with the project; and
(D) any other form of participation approved by the Secretary.
(3)
Allocation to entities.—
A State may allocate funds apportioned under section 104(b)(4) to an entity described in paragraph (1).
(4)
Alternative fuel projects.—
In the case of a project that will provide for the use of alternative fuels by privately owned vehicles or vehicle fleets, activities eligible for funding under this subsection—
(A) may include the costs of vehicle refueling infrastructure, including infrastructure that would support the development, production, and use of emerging technologies that reduce emissions of air pollutants from motor vehicles, and other capital investments associated with the project;
(B) shall include only the incremental cost of an alternative fueled vehicle, as compared to a conventionally fueled vehicle, that would otherwise be borne by a private party; and
(C) shall apply other governmental financial purchase contributions in the calculation of net incremental cost.
(5)
Prohibition on federal participation with respect to required activities.—
A Federal participation payment under this subsection may not be made to an entity to fund an obligation imposed under the Clean Air Act (42 U.S.C. 7401 et seq.) or any other Federal law.
(g)
Cost-Effective Emission Reduction Guidance.—
(1)
Definitions.—
In this subsection, the following definitions apply:
(A)
Administrator.—
The term “Administrator” means the Administrator of the Environmental Protection Agency.
(B)
Diesel retrofit.—
The term “diesel retrofit” means a replacement, repowering, rebuilding, after treatment, or other technology, as determined by the Administrator.
(2)
Emission reduction guidance.—
The Administrator, in consultation with the Secretary, shall publish a list of diesel retrofit technologies and supporting technical information for—
(A) diesel emission reduction technologies certified or verified by the Administrator, the California Air Resources Board, or any other entity recognized by the Administrator for the same purpose;
(B) diesel emission reduction technologies identified by the Administrator as having an application and approvable test plan for verification by the Administrator or the California Air Resources Board that is submitted not later than 18 months of the date of enactment of this subsection;
(C) available information regarding the emission reduction effectiveness and cost effectiveness of technologies identified in this paragraph, taking into consideration air quality and health effects.
(3)
Priority consideration.—
States and metropolitan planning organizations shall give priority in areas designated as nonattainment or maintenance for PM2.5 under the Clean Air Act (42 U.S.C. 7401 et seq.) in distributing funds received for congestion mitigation and air quality projects and programs from apportionments under section 104(b)(4) to projects that are proven to reduce PM2.5, including diesel retrofits.
(4)
No effect on authority or restrictions.—
Nothing in this subsection modifies or otherwise affects any authority or restriction established under the Clean Air Act (42 U.S.C. 7401 et seq.) or any other law (other than provisions of this title relating to congestion mitigation and air quality).
(h)
Interagency Consultation.—
The Secretary shall encourage States and metropolitan planning organizations to consult with State and local air quality agencies in nonattainment and maintenance areas on the estimated emission reductions from proposed congestion mitigation and air quality improvement programs and projects.
(i)
Evaluation and Assessment of Projects.—
(1)
Database.—
(A)
In general.—
Using appropriate assessments of projects funded under the congestion mitigation and air quality program and results from other research, the Secretary shall maintain and disseminate a cumulative database describing the impacts of the projects, including specific information about each project, such as the project name, location, sponsor, cost, and, to the extent already measured by the project sponsor, cost-effectiveness, based on reductions in congestion and emissions.
(B)
Availability.—
The database shall be published or otherwise made readily available by the Secretary in electronically accessible format and means, such as the Internet, for public review.
(2)
Cost effectiveness.—
(A)
In general.—
The Secretary, in consultation with the Administrator of the Environmental Protection Agency, shall evaluate projects on a periodic basis and develop a table or other similar medium that illustrates the cost-effectiveness of a range of project types eligible for funding under this section as to how the projects mitigate congestion and improve air quality.
(B)
Contents.—
The table described in subparagraph (A) shall show measures of cost-effectiveness, such as dollars per ton of emissions reduced, and assess those measures over a variety of timeframes to capture impacts on the planning timeframes outlined in section 134.
(C)
Use of table.—
States and metropolitan planning organizations shall consider the information in the table when selecting projects or developing performance plans under subsection (l).
(j)
Optional Programmatic Eligibility.—
(1)
In general.—
At the discretion of a metropolitan planning organization, a technical assessment of a selected program of projects may be conducted through modeling or other means to demonstrate the emissions reduction projection required under this section.
(2)
Applicability.—
If an assessment described in paragraph (1) successfully demonstrates an emissions reduction, all projects included in such assessment shall be eligible for obligation under this section without further demonstration of emissions reduction of individual projects included in such assessment.
(k)
Priority for Use of Funds in PM2.5 Areas.—
(1)
In general.—
For any State that has a nonattainment or maintenance area for fine particulate matter, an amount equal to 25 percent of the funds apportioned to each State under section 104(b)(4) for a nonattainment or maintenance area that are based all or in part on the weighted population of such area in fine particulate matter nonattainment shall be obligated to projects that reduce such fine particulate matter emissions in such area, including diesel retrofits.
(2)
Construction equipment and vehicles.—
In order to meet the requirements of paragraph (1), a State or metropolitan planning organization may elect to obligate funds to install diesel emission control technology on nonroad diesel equipment or on-road diesel equipment that is operated on a highway construction project within a PM2.5 nonattainment or maintenance area.
(3)
PM2.5 nonattainment and maintenance in low population density states.—
(A)
Exception.—
In any State with a population density of 80 or fewer persons per square mile of land area, based on the most recent decennial census, the requirements under subsection (g)(3) and paragraphs (1) and (2) of this subsection shall not apply to a nonattainment or maintenance area in the State if—
(i) the nonattainment or maintenance area does not have projects that are part of the emissions analysis of a metropolitan transportation plan or transportation improvement program; and
(ii) regional motor vehicle emissions are an insignificant contributor to the air quality problem for PM2.5 in the nonattainment or maintenance area.
(B)
Calculation.—
If subparagraph (A) applies to a nonattainment or maintenance area in a State, the percentage of the PM2.5 set-aside under paragraph (1) shall be reduced for that State proportionately based on the weighted population of the area in fine particulate matter nonattainment.
(4)
Port-related equipment and vehicles.—
To meet the requirements under paragraph (1), a State or metropolitan planning organization may elect to obligate funds to the most cost-effective projects to reduce emissions from port-related landside nonroad or on-road equipment that is operated within the boundaries of a PM2.5 nonattainment or maintenance area.
(l)
Performance Plan.—
(1)
In general.—
Each metropolitan planning organization serving a transportation management area (as defined in section 134) with a population over 1,000,000 people representing a nonattainment or maintenance area shall develop a performance plan that—
(A) includes an area baseline level for traffic congestion and on-road mobile source emissions for which the area is in nonattainment or maintenance;
(B) describes progress made in achieving the air quality and traffic congestion performance targets described in section 150(d); and
(C)
(2)
Updated plans.—
Performance plans shall be updated biennially and include a separate report that assesses the progress of the program of projects under the previous plan in achieving the air quality and traffic congestion targets of the previous plan.
(m)
Operating Assistance.—
A State may obligate funds apportioned under section 104(b)(4) in an area of such State that is otherwise eligible for obligations of such funds for operating costs under chapter 53 of title 49 or on a system for which CMAQ funding was made available, obligated or expended in fiscal year 2012, or on a State-Supported 1
1 So in original. Probably should be “State-supported”.
Amtrak route with a valid cost-sharing agreement under section 209 of the Passenger Rail Investment and Improvement Act of 2008 and no current nonattainment areas under subsection (d), and shall have no imposed time limitation.
(Added Pub. L. 93–87, title I, § 142(a), Aug. 13, 1973, 87 Stat. 272; amended Pub. L. 102–240, title I, § 1008(a), Dec. 18, 1991, 105 Stat. 1932; Pub. L. 102–388, title III, § 380, Oct. 6, 1992, 106 Stat. 1562; Pub. L. 104–59, title III, § 319(a)(1), (b), Nov. 28, 1995, 109 Stat. 588, 589; Pub. L. 104–88, title IV, § 405(a)(2), (b), Dec. 29, 1995, 109 Stat. 956, 957; Pub. L. 105–178, title I, § 1110(a)–(d)(1), June 9, 1998, 112 Stat. 142, 143; Pub. L. 109–59, title I, § 1808(a)–(f), Aug. 10, 2005, 119 Stat. 1461–1463; Pub. L. 112–141, div. A, title I, § 1113(a), (b), July 6, 2012, 126 Stat. 460; Pub. L. 113–76, div. L, title I, § 125, Jan. 17, 2014, 128 Stat. 587; Pub. L. 114–94, div. A, title I, §§ 1109(c)(5), 1114, Dec. 4, 2015, 129 Stat. 1343, 1348; Pub. L. 115–141, div. L, title IV, § 421, Mar. 23, 2018, 132 Stat. 1045.)
§ 150.
National goals and performance management measures
(a)
Declaration of Policy.—
Performance management will transform the Federal-aid highway program and provide a means to the most efficient investment of Federal transportation funds by refocusing on national transportation goals, increasing the accountability and transparency of the Federal-aid highway program, and improving project decisionmaking through performance-based planning and programming.
(b)
National Goals.—
It is in the interest of the United States to focus the Federal-aid highway program on the following national goals:
(1)
Safety.—
To achieve a significant reduction in traffic fatalities and serious injuries on all public roads.
(2)
Infrastructure condition.—
To maintain the highway infrastructure asset system in a state of good repair.
(3)
Congestion reduction.—
To achieve a significant reduction in congestion on the National Highway System.
(4)
System reliability.—
To improve the efficiency of the surface transportation system.
(5)
Freight movement and economic vitality.—
To improve the National Highway Freight Network, strengthen the ability of rural communities to access national and international trade markets, and support regional economic development.
(6)
Environmental sustainability.—
To enhance the performance of the transportation system while protecting and enhancing the natural environment.
(7)
Reduced project delivery delays.—
To reduce project costs, promote jobs and the economy, and expedite the movement of people and goods by accelerating project completion through eliminating delays in the project development and delivery process, including reducing regulatory burdens and improving agencies’ work practices.
(c)
Establishment of Performance Measures.—
(1)
In general.—
Not later than 18 months after the date of enactment of the MAP–21, the Secretary, in consultation with State departments of transportation, metropolitan planning organizations, and other stakeholders, shall promulgate a rulemaking that establishes performance measures and standards.
(2)
Administration.—
In carrying out paragraph (1), the Secretary shall—
(A) provide States, metropolitan planning organizations, and other stakeholders not less than 90 days to comment on any regulation proposed by the Secretary under that paragraph;
(B) take into consideration any comments relating to a proposed regulation received during that comment period; and
(C) limit performance measures only to those described in this subsection.
(3)
National highway performance program.—
(A)
In general.—
Subject to subparagraph (B), for the purpose of carrying out section 119, the Secretary shall establish—
(i) minimum standards for States to use in developing and operating bridge and pavement management systems;
(ii)
measures for States to use to assess—
(I) the condition of pavements on the Interstate system;(II) the condition of pavements on the National Highway System (excluding the Interstate);(III) the condition of bridges on the National Highway System;(IV) the performance of the Interstate System; and(V) the performance of the National Highway System (excluding the Interstate System);
(iii) minimum levels for the condition of pavement on the Interstate System, only for the purposes of carrying out section 119(f)(1); and
(iv) the data elements that are necessary to collect and maintain standardized data to carry out a performance-based approach.
(B)
Regions.—
In establishing minimum condition levels under subparagraph (A)(iii), if the Secretary determines that various geographic regions of the United States experience disparate factors contributing to the condition of pavement on the Interstate System in those regions, the Secretary may establish different minimum levels for each region.
(4)
Highway safety improvement program.—
For the purpose of carrying out section 148, the Secretary shall establish measures for States to use to assess—
(A) serious injuries and fatalities per vehicle mile traveled; and
(B) the number of serious injuries and fatalities.
(5)
Congestion mitigation and air quality program.—
For the purpose of carrying out section 149, the Secretary shall establish measures for States to use to assess—
(A) traffic congestion; and
(B) on-road mobile source emissions.
(6)
National freight movement.—
The Secretary shall establish measures for States to use to assess freight movement on the Interstate System.
(d)
Establishment of Performance Targets.—
(1)
In general.—
Not later than 1 year after the Secretary has promulgated the final rulemaking under subsection (c), each State shall set performance targets that reflect the measures identified in paragraphs (3), (4), (5), and (6) of subsection (c).
(2)
Different approaches for urban and rural areas.—
In the development and implementation of any performance target, a State may, as appropriate, provide for different performance targets for urbanized and rural areas.
(e)
Reporting on Performance Targets.—
Not later than 4 years after the date of enactment of the MAP–21 and biennially thereafter, a State shall submit to the Secretary a report that describes—
(1) the condition and performance of the National Highway System in the State;
(2) the effectiveness of the investment strategy document in the State asset management plan for the National Highway System;
(3) progress in achieving performance targets identified under subsection (d); and
(4) the ways in which the State is addressing congestion at freight bottlenecks, including those identified in the national freight strategic plan, within the State.
(Added Pub. L. 112–141, div. A, title I, § 1203(a), July 6, 2012, 126 Stat. 524, amended Pub. L. 114–94, div. A, title I, § 1446(a)(4)–(6), (d)(2)(A), Dec. 4, 2015, 129 Stat. 1437, 1438.)
§ 151.
(a)
In General.—
Not later than 1 year after the date of enactment of the FAST Act, the Secretary shall designate national electric vehicle charging and hydrogen, propane, and natural gas fueling corridors that identify the near- and long-term need for, and location of, electric vehicle charging infrastructure, hydrogen fueling infrastructure, propane fueling infrastructure, and natural gas fueling infrastructure at strategic locations along major national highways to improve the mobility of passenger and commercial vehicles that employ electric, hydrogen fuel cell, propane, and natural gas fueling technologies across the United States.
(b)
Designation of Corridors.—
In designating the corridors under subsection (a), the Secretary shall—
(1) solicit nominations from State and local officials for facilities to be included in the corridors;
(2) incorporate existing electric vehicle charging, hydrogen fueling, propane fueling, and natural gas fueling corridors designated by a State or group of States; and
(3) consider the demand for, and location of, existing electric vehicle charging stations, hydrogen fueling stations, propane fueling stations, and natural gas fueling infrastructure.
(c)
Stakeholders.—
In designating corridors under subsection (a), the Secretary shall involve, on a voluntary basis, stakeholders that include—
(1) the heads of other Federal agencies;
(2) State and local officials;
(3)
representatives of—
(A) energy utilities;
(B) the electric, fuel cell electric, propane, and natural gas vehicle industries;
(C) the freight and shipping industry;
(D) clean technology firms;
(E) the hospitality industry;
(F) the restaurant industry;
(G) highway rest stop vendors; and
(H) industrial gas and hydrogen manufacturers; and
(4) such other stakeholders as the Secretary determines to be necessary.
(d)
Redesignation.—
Not later than 5 years after the date of establishment of the corridors under subsection (a), and every 5 years thereafter, the Secretary shall update and redesignate the corridors.
(e)
Report.—
During designation and redesignation of the corridors under this section, the Secretary shall issue a report that—
(1) identifies electric vehicle charging infrastructure, hydrogen fueling infrastructure, propane fueling infrastructure, and natural gas fueling infrastructure and standardization needs for electricity providers, industrial gas providers, natural gas providers, infrastructure providers, vehicle manufacturers, electricity purchasers, and natural gas purchasers; and
(2) establishes an aspirational goal of achieving strategic deployment of electric vehicle charging infrastructure, hydrogen fueling infrastructure, propane fueling infrastructure, and natural gas fueling infrastructure in those corridors by the end of fiscal year 2020.
(Added Pub. L. 114–94, div. A, title I, § 1413(a), Dec. 4, 2015, 129 Stat. 1417.)
§ 152.
Hazard elimination program
(a)
In General.—
(1)
Program.—
Each State shall conduct and systematically maintain an engineering survey of all public roads to identify hazardous locations, sections, and elements, including roadside obstacles and unmarked or poorly marked roads, which may constitute a danger to motorists, bicyclists, and pedestrians, assign priorities for the correction of such locations, sections, and elements, and establish and implement a schedule of projects for their improvement.
(2)
Hazards.—
In carrying out paragraph (1), a State may, at its discretion—
(A) identify, through a survey, hazards to motorists, bicyclists, pedestrians, and users of highway facilities; and
(B) develop and implement projects and programs to address the hazards.
(b) The Secretary may approve as a project under this section any safety improvement project, including a project described in subsection (a).
(c)
Funds authorized to carry out this section shall be available for expenditure on—
(1) any public road;
(2) any public surface transportation facility or any publicly owned bicycle or pedestrian pathway or trail; or
(3) any traffic calming measure.
(d) The Federal share payable on account of any project under this section shall be 90 percent of the cost thereof.
(e) Funds authorized to be appropriated to carry out this section shall be available for obligation in the same manner and to the same extent as if such funds were apportioned under section 104(b), except that the Secretary is authorized to waive provisions he deems inconsistent with the purposes of this section.
(f) Each State shall establish an evaluation process approved by the Secretary, to analyze and assess results achieved by safety improvement projects carried out in accordance with procedures and criteria established by this section. Such evaluation process shall develop cost-benefit data for various types of corrections and treatments which shall be used in setting priorities for safety improvement projects.
(g) Each State shall report to the Secretary of Transportation not later than December 30 of each year, on the progress being made to implement safety improvement projects for hazard elimination and the effectiveness of such improvements. Each State report shall contain an assessment of the cost of, and safety benefits derived from, the various means and methods used to mitigate or eliminate hazards and the previous and subsequent accident experience at these locations. The Secretary of Transportation shall submit a report to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives not later than April 1 of each year on the progress being made by the States in implementing the hazard elimination program (including but not limited to any projects for pavement marking). The report shall include, but not be limited to, the number of projects undertaken, their distribution by cost range, road system, means and methods used, and the previous and subsequent accident experience at improved locations. In addition, the Secretary’s report shall analyze and evaluate each State program, identify any State found not to be in compliance with the schedule of improvements required by subsection (a) and include recommendations for future implementation of the hazard elimination program.
(h) For the purposes of this section the term “State” shall have the meaning given it in section 401 of this title.
(Added Pub. L. 93–87, title II, § 209(a), Aug. 13, 1973, 87 Stat. 286; amended Pub. L. 94–280, title I, § 131, May 5, 1976, 90 Stat. 441; Pub. L. 95–599, title I, § 168(a), Nov. 6, 1978, 92 Stat. 2722; Pub. L. 96–106, § 10(b), Nov. 9, 1979, 93 Stat. 798; Pub. L. 97–375, title II, § 210(b), Dec. 21, 1982, 96 Stat. 1826; Pub. L. 97–424, title I, § 125, Jan. 6, 1983, 96 Stat. 2113; Pub. L. 100–17, title I, § 133(b)(12), Apr. 2, 1987, 101 Stat. 172; Pub. L. 104–59, title III, § 325(c), Nov. 28, 1995, 109 Stat. 592; Pub. L. 105–178, title I, § 1401, June 9, 1998, 112 Stat. 235.)
§ 153.
Use of safety belts and motorcycle helmets
(a)
Authority To Make Grants.—
The Secretary may make grants to a State in a fiscal year in accordance with this section if the State has in effect in such fiscal year—
(1) a law which makes unlawful throughout the State the operation of a motorcycle if any individual on the motorcycle is not wearing a motorcycle helmet; and
(2) a law which makes unlawful throughout the State the operation of a passenger vehicle whenever an individual in a front seat of the vehicle (other than a child who is secured in a child restraint system) does not have a safety belt properly fastened about the individual’s body.
(b)
Use of Grants.—
A grant made to a State under this section shall be used to adopt and implement a traffic safety program to carry out the following purposes:
(1)
Education.—
To educate the public about motorcycle and passenger vehicle safety and motorcycle helmet, safety belt, and child restraint system use and to involve public health education agencies and other related agencies in these efforts.
(2)
Training.—
To train law enforcement officers in the enforcement of State laws described in subsection (a).
(3)
Monitoring.—
To monitor the rate of compliance with State laws described in subsection (a).
(4)
Enforcement.—
To enforce State laws described in subsection (a).
(c)
Maintenance of Effort.—
A grant may not be made to a State under this section in any fiscal year unless the State enters into such agreements with the Secretary as the Secretary may require to ensure that the State will maintain its aggregate expenditures from all other sources for any traffic safety program described in subsection (b) at or above the average level of such expenditures in the State’s 2 fiscal years preceding the date of the enactment of this section.
(d)
Federal Share.—
A State may not receive a grant under this section in more than 3 fiscal years. The Federal share payable for a grant under this section shall not exceed—
(1) in the first fiscal year the State receives a grant, 75 percent of the cost of implementing in such fiscal year a traffic safety program described in subsection (b);
(2) in the second fiscal year the State receives a grant, 50 percent of the cost of implementing in such fiscal year such traffic safety program; and
(3) in the third fiscal year the State receives a grant, 25 percent of the cost of implementing in such fiscal year such traffic safety program.
(e)
Maximum Aggregate Amount of Grants.—
The aggregate amount of grants made to a State under this section shall not exceed 90 percent of the amount apportioned to such State for fiscal year 1990 under section 402.
(f)
Eligibility for Grants.—
(1)
General rule.—
A State is eligible in a fiscal year for a grant under this section only if the State enters into such agreements with the Secretary as the Secretary may require to ensure that the State implements in such fiscal year a traffic safety program described in subsection (b).
(2)
Second-year grants.—
A State is eligible for a grant under this section in a fiscal year succeeding the first fiscal year in which a State receives a grant under this section only if the State in the preceding fiscal year—
(A) had in effect at all times a State law described in subsection (a)(1) and achieved a rate of compliance with such law of not less than 75 percent; and
(B) had in effect at all times a State law described in subsection (a)(2) and achieved a rate of compliance with such law of not less than 50 percent.
(3)
Third-year grants.—
A State is eligible for a grant under this section in a fiscal year succeeding the second fiscal year in which a State receives a grant under this section only if the State in the preceding fiscal year—
(A) had in effect at all times a State law described in subsection (a)(1) and achieved a rate of compliance with such law of not less than 85 percent; and
(B) had in effect at all times a State law described in subsection (a)(2) and achieved a rate of compliance with such law of not less than 70 percent.
(g)
Measurements of Rates of Compliance.—
For the purposes of subsections (f)(2) and (f)(3), a State shall measure compliance with State laws described in subsection (a) using methods which conform to guidelines issued by the Secretary ensuring that such measurements are accurate and representative.
(h)
Penalty.—
(1)
Prior to fiscal year 2012.—
If, at any time in a fiscal year beginning after September 30, 1994, and before October 1, 2011, a State does not have in effect a law described in subsection (a)(2), the Secretary shall transfer 3 percent of the funds apportioned to the State for the succeeding fiscal year under each of subsections (b)(1), (b)(2), and (b)(3) of section 104 1
1 See References in Text note below.
of this title to the apportionment of the State under section 402 of this title.
(2)
Fiscal year 2012 and thereafter.—
If, at any time in a fiscal year beginning after September 30, 2011, a State does not have in effect a law described in subsection (a)(2), the Secretary shall transfer an amount equal to 2 percent of the funds apportioned to the State for the succeeding fiscal year under each of paragraphs (1), (2), and (4) of section 104(b) to the apportionment of the State under section 402.
(3)
Federal share.—
The Federal share of the cost of any project carried out under section 402 with funds transferred to the apportionment of section 402 shall be 100 percent.
(4)
Transfer of obligation authority.—
If the Secretary transfers under this subsection any funds to the apportionment of a State under section 402 for a fiscal year, the Secretary shall allocate an amount of obligation authority distributed for such fiscal year to the State for Federal-aid highways and highway safety construction programs for carrying out only projects under section 402 which is determined by multiplying—
(A) the amount of funds transferred to the apportionment of section 402 of the State under section 402 for such fiscal year; by
(B) the ratio of the amount of obligation authority distributed for such fiscal year to the State for Federal-aid highways and highway safety construction programs to the total of the sums apportioned to the State for Federal-aid highways and highway safety construction (excluding sums not subject to any obligation limitation) for such fiscal year.
(5)
Limitation on applicability of highway safety obligations.—
Notwithstanding any other provision of law, no limitation on the total of obligations for highway safety programs carried out by the Federal Highway Administration under section 402 shall apply to funds transferred under this subsection to the apportionment of section 402.
(i)
Definitions.—
For the purposes of this section, the following definitions apply:
(1)
Motorcycle.—
The term “motorcycle” means a motor vehicle which is designed to travel on not more than 3 wheels in contact with the surface.
(2)
Motor vehicle.—
The term “motor vehicle” has the meaning such term has under section 154 1 of this title.
(3)
Passenger vehicle.—
The term “passenger vehicle” means a motor vehicle which is designed for transporting 10 individuals or less, including the driver, except that such term does not include a vehicle which is constructed on a truck chassis, a motorcycle, a trailer, or any motor vehicle which is not required on the date of the enactment of this section under a Federal motor vehicle safety standard to be equipped with a belt system.
(4)
Safety belt.—
The term “safety belt” means—
(A) with respect to open-body passenger vehicles, including convertibles, an occupant restraint system consisting of a lap belt or a lap belt and a detachable shoulder belt; and
(B) with respect to other passenger vehicles, an occupant restraint system consisting of integrated lap shoulder belts.
(j)
Authorization of Appropriations.—
There is authorized to be appropriated out of the Highway Trust Fund (other than the Mass Transit Account) to carry out this section $17,000,000 for fiscal year 1992. From sums made available to carry out section 402 of this title, the Secretary shall make available $17,000,000 for fiscal year 1992 and $24,000,000 for each of fiscal years 1993 and 1994 to carry out this section.
(k)
Applicability of Chapter 1 Provisions.—
All provisions of this chapter that are applicable to National Highway System funds, other than provisions relating to the apportionment formula and provisions limiting the expenditures of such funds to Federal-aid systems, shall apply to funds authorized to be appropriated to carry out this section, except as determined by the Secretary to be inconsistent with this section and except that sums authorized by this section shall remain available until ex­pended.
(Added Pub. L. 102–240, title I, § 1031(a)(1), Dec. 18, 1991, 105 Stat. 1970; amended Pub. L. 104–59, title II, § 205(e), Nov. 28, 1995, 109 Stat. 577; Pub. L. 112–141, div. A, title I, § 1404(e), July 6, 2012, 126 Stat. 558; Pub. L. 114–94, div. A, title I, § 1446(a)(7), Dec. 4, 2015, 129 Stat. 1437.)
§ 154.
Open container requirements
(a)
Definitions.—
In this section, the following definitions apply:
(1)
Alcoholic beverage.—
The term “alcoholic beverage” has the meaning given the term in section 158(c).
(2)
Motor vehicle.—
The term “motor vehicle” means a vehicle driven or drawn by mechanical power and manufactured primarily for use on public highways, but does not include a vehicle operated exclusively on a rail or rails.
(3)
Open alcoholic beverage container.—
The term “open alcoholic beverage container” means any bottle, can, or other receptacle—
(A) that contains any amount of alcoholic beverage; and
(B)
(i) that is open or has a broken seal; or
(ii) the contents of which are partially removed.
(4)
Passenger area.—
The term “passenger area” shall have the meaning given the term by the Secretary by regulation.
(b)
Open Container Laws.—
(1)
In general.—
For the purposes of this section, each State shall have in effect a law that prohibits the possession of any open alcoholic beverage container, or the consumption of any alcoholic beverage, in the passenger area of any motor vehicle (including possession or consumption by the driver of the vehicle) located on a public highway, or the right-of-way of a public highway, in the State.
(2)
Motor vehicles designed to transport many passengers.—
For the purposes of this section, if a State has in effect a law that makes unlawful the possession of any open alcoholic beverage container by the driver (but not by a passenger)—
(A) in the passenger area of a motor vehicle designed, maintained, or used primarily for the transportation of persons for compensation; or
(B) in the living quarters of a house coach or house trailer,
the State shall be deemed to have in effect a law described in this subsection with respect to such a motor vehicle for each fiscal year during which the law is in effect.
(c)
Transfer of Funds.—
(1)
Fiscal years 2001 and 2002.—
On October 1, 2000, and October 1, 2001, if a State has not enacted or is not enforcing an open container law described in subsection (b), the Secretary shall transfer an amount equal to 1½ percent of the funds apportioned to the State on that date under each of paragraphs (1), (2), and (4) of section 104(b) to the apportionment of the State under section 402—
(A) to be used for alcohol-impaired driving countermeasures; or
(B) to be directed to State and local law enforcement agencies for enforcement of laws prohibiting driving while intoxicated or driving under the influence and other related laws (including regulations), including the purchase of equipment, the training of officers, and the use of additional personnel for specific alcohol-impaired driving countermeasures, dedicated to enforcement of the laws (including regulations).
(2)
Fiscal year 2012 and thereafter.—
(A)
Reservation of funds.—
On October 1, 2011, and each October 1 thereafter, if a State has not enacted or is not enforcing an open container law described in subsection (b), the Secretary shall reserve an amount equal to 2.5 percent of the funds to be apportioned to the State on that date under each of paragraphs (1) and (2) of section 104(b) until the State certifies to the Secretary the means by which the State will use those reserved funds in accordance with subparagraphs (A) and (B) of paragraph (1) and paragraph (3).
(B)
Transfer of funds.—
As soon as practicable after the date of receipt of a certification from a State under subparagraph (A), the Secretary shall—
(i) transfer the reserved funds identified by the State for use as described in subparagraphs (A) and (B) of paragraph (1) to the apportionment of the State under section 402; and
(ii) release the reserved funds identified by the State as described in paragraph (3).
(3)
Use for highway safety improvement program.—
(A)
In general.—
A State may elect to use all or a portion of the funds reserved under paragraph (2) for activities eligible under section 148.
(B)
State departments of transportation.—
If the State makes an election under subparagraph (A), the funds shall be transferred to the department of transportation of the State, which shall be responsible for the administration of the funds.
(4)
Federal share.—
The Federal share of the cost of a project carried out with funds transferred under paragraph (1) or (2), or used under paragraph (3), shall be 100 percent.
(5)
Derivation of amount to be transferred.—
(A) The apportionment of the State under section 104(b)(1).
(B) The apportionment of the State under section 104(b)(2).
(6)
Transfer of obligation authority.—
(A)
In general.—
If the Secretary transfers under this subsection any funds to the apportionment of a State under section 402 for a fiscal year, the Secretary shall transfer an amount, determined under subparagraph (B), of obligation authority distributed for the fiscal year to the State for Federal-aid highways and highway safety construction programs for carrying out projects under section 402.
(B)
Amount.—
The amount of obligation authority referred to in subparagraph (A) shall be determined by multiplying—
(i) the amount of funds transferred under subparagraph (A) to the apportionment of the State under section 402 for the fiscal year, by
(ii)
the ratio that—
(I) the amount of obligation authority distributed for the fiscal year to the State for Federal-aid highways and highway safety construction programs, 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 any obligation limitation) for the fiscal year.
(7)
Limitation on applicability of obligation limitation.—
Notwithstanding any other provision of law, no limitation on the total of obligations for highway safety programs under section 402 shall apply to funds transferred under this subsection to the apportionment of a State under such section.
(Added Pub. L. 105–178, title I, § 1405(a), as added Pub. L. 105–206, title IX, § 9005(a), July 22, 1998, 112 Stat. 843; amended Pub. L. 109–59, title I, § 1401(a)(3)(C), Aug. 10, 2005, 119 Stat. 1225; Pub. L. 112–141, div. A, title I, § 1402, July 6, 2012, 126 Stat. 556; Pub. L. 114–94, div. A, title I, § 1446(a)(8), Dec. 4, 2015, 129 Stat. 1437.)
[§ 155.
Repealed. Pub. L. 112–141, div. A, title I, § 1519(b)(1)(A), July 6, 2012, 126 Stat. 575]
§ 156.
Proceeds from the sale or lease of real property
(a)
Minimum Charge.—
Subject to section 142(f), a State shall charge, at a minimum, fair market value for the sale, use, lease, or lease renewal (other than for utility use and occupancy or for a transportation project eligible for assistance under this title) of real property acquired with Federal assistance made available from the Highway Trust Fund (other than the Mass Transit Account).
(b)
Exceptions.—
The Secretary may grant an exception to the requirement of subsection (a) for a social, environmental, or economic purpose.
(c)
Use of Federal Share of Income.—
The Federal share of net income from the revenues obtained by a State under subsection (a) shall be used by the State for projects eligible under this title.
(Added Pub. L. 100–17, title I, § 126(a), Apr. 2, 1987, 101 Stat. 167; amended Pub. L. 102–240, title I, § 1027(f), Dec. 18, 1991, 105 Stat. 1967; Pub. L. 105–178, title I, § 1303(a), June 9, 1998, 112 Stat. 227.)
[§ 157.
Repealed. Pub. L. 112–141, div. A, title I, § 1519(b)(1)(A), July 6, 2012, 126 Stat. 575]
§ 158.
National minimum drinking age
(a)
Withholding of Funds for Noncompliance.—
(1)
In general.—
(A)
Fiscal years before 2012.—
The Secretary shall withhold 10 per centum of the amount required to be apportioned to any State under each of sections 104(b)(1), 104(b)(3), and 104(b)(4) 1
1 See References in Text note below.
of this title on the first day of each fiscal year after the second fiscal year beginning after September 30, 1985, in which the purchase or public possession in such State of any alcoholic beverage by a person who is less than twenty-one years of age is lawful.
(B)
Fiscal year 2012 and thereafter.—
For fiscal year 2012 and each fiscal year thereafter, the amount to be withheld under this section shall be an amount equal to 8 percent of the amount apportioned to the noncompliant State, as described in subparagraph (A), under paragraphs (1) and (2) of section 104(b).
(2)
State grandfather law as complying.—
If, before the later of (A) October 1, 1986, or (B) the tenth day following the last day of the first session the legislature of a State convenes after the date of the enactment of this paragraph, such State has in effect a law which makes unlawful the purchase and public possession in such State of any alcoholic beverage by a person who is less than 21 years of age (other than any person who is 18 years of age or older on the day preceding the effective date of such law and at such time could lawfully purchase or publicly possess any alcoholic beverage in such State), such State shall be deemed to be in compliance with paragraph (1) in each fiscal year in which such law is in effect.
(b)
Effect of Withholding of Funds.—
No funds withheld under this section from apportionment to any State after September 30, 1988, shall be available for apportionment to that State.
(c)
Alcoholic Beverage Defined.—
As used in this section, the term “alcoholic beverage” means—
(1) beer as defined in section 5052(a) of the Internal Revenue Code of 1986,
(2) wine of not less than one-half of 1 per centum of alcohol by volume, or
(3) distilled spirits as defined in section 5002(a)(8) of such Code.
(Added Pub. L. 98–363, § 6(a), July 17, 1984, 98 Stat. 437; amended Pub. L. 99–272, title IV, § 4104, Apr. 7, 1986, 100 Stat. 114; Pub. L. 99–514, § 2, Oct. 22, 1986, 100 Stat. 2095; Pub. L. 105–178, title I, § 1103(l)(2), June 9, 1998, 112 Stat. 125; Pub. L. 112–141, div. A, title I, § 1404(f), July 6, 2012, 126 Stat. 558.)
§ 159.
Revocation or suspension of drivers’ licenses of individuals convicted of drug offenses
(a)
Withholding of Apportionments for Noncompliance.—
(1)
Beginning in fiscal year 1996.—
The Secretary shall withhold 10 percent of the amount required to be apportioned to any State under each of paragraphs (1), (3), and (5) (as in effect on the day before the date of enactment of the Transportation Equity Act for the 21st Century) of section 104(b) on the first day of each fiscal year which begins after the fourth calendar year following the effective date of this section if the State does not meet the requirements of paragraph (3) on the first day of such fiscal year.
(2)
Fiscal year 2012 and thereafter.—
The Secretary shall withhold an amount equal to 8 percent of the amount required to be apportioned to any State under each of paragraphs (1) and (2) of section 104(b) on the first day of each fiscal year beginning after September 30, 2011, if the State fails to meet the requirements of paragraph (3) on the first day of the fiscal year.
(3)
Requirements.—
A State meets the requirements of this paragraph if—
(A)
the State has enacted and is enforcing a law that requires in all circumstances, or requires in the absence of compelling circumstances warranting an exception—
(i)
the revocation, or suspension for at least 6 months, of the driver’s license of any individual who is convicted, after the enactment of such law, of—
(I) any violation of the Controlled Substances Act, or(II) any drug offense; and
(ii) a delay in the issuance or reinstatement of a driver’s license to such an individual for at least 6 months after the individual applies for the issuance or reinstatement of a driver’s license if the individual does not have a driver’s license, or the driver’s license of the individual is suspended, at the time the individual is so convicted; or
(B)
the Governor of the State—
(i) submits to the Secretary no earlier than the adjournment sine die of the first regularly scheduled session of the State’s legislature which begins after the effective date of this section a written certification stating that the Governor is opposed to the enactment or enforcement in the State of a law described in subparagraph (A), relating to the revocation, suspension, issuance, or reinstatement of drivers’ licenses to convicted drug offenders; and
(ii) submits to the Secretary a written certification that the legislature (including both Houses where applicable) has adopted a resolution expressing its opposition to a law described in clause (i).
(b)
Effect of Noncompliance.—
No funds withheld under this section from apportionments to any State shall be available for apportionment to that State.
(c)
Definitions.—
For purposes of this section—
(1)
Driver’s license.—
The term “driver’s license” means a license issued by a State to any individual that authorizes the individual to operate a motor vehicle on highways.
(2)
Drug offense.—
The term “drug offense” means any criminal offense which proscribes—
(A) the possession, distribution, manufacture, cultivation, sale, transfer, or the attempt or conspiracy to possess, distribute, manufacture, cultivate, sell, or transfer any substance the possession of which is prohibited under the Controlled Substances Act; or
(B) the operation of a motor vehicle under the influence of such a substance.
(3)
Convicted.—
The term “convicted” includes adjudicated under juvenile proceedings.
(Added Pub. L. 102–143, title III, § 333(a), Oct. 28, 1991, 105 Stat. 944; amended Pub. L. 102–388, title III, § 327(a), Oct. 6, 1992, 106 Stat. 1547; Pub. L. 105–178, title I, § 1103(l)(3)(E), June 9, 1998, 112 Stat. 126; Pub. L. 112–141, div. A, title I, § 1404(g), July 6, 2012, 126 Stat. 558.)
[§ 160.
Repealed. Pub. L. 112–141, div. A, title I, § 1519(b)(1)(A), July 6, 2012, 126 Stat. 575]
§ 161.
Operation of motor vehicles by intoxicated minors
(a)
Withholding of Apportionments for Noncompliance.—
(1)
Prior to fiscal year 2012.—
The Secretary shall withhold 10 percent (including any amounts withheld under paragraph (1)) of the amount required to be apportioned to any State under each of paragraphs (1), (3), and (4) of section 104(b) 1
1 See References in Text note below.
on October 1, 1999, and on October 1 of each fiscal year thereafter through fiscal year 2011, if the State does not meet the requirement of paragraph (3) on that date.
(2)
Fiscal year 2012 and thereafter.—
The Secretary shall withhold an amount equal to 8 percent of the amount required to be apportioned to any State under each of paragraphs (1) and (2) of section 104(b) on October 1, 2011, and on October 1 of each fiscal year thereafter, if the State does not meet the requirement of paragraph (3) on that date.
(3)
Requirement.—
A State meets the requirement of this paragraph if the State has enacted and is enforcing a law that considers an individual under the age of 21 who has a blood alcohol concentration of 0.02 percent or greater while operating a motor vehicle in the State to be driving while intoxicated or driving under the influence of alcohol.
(b)
Period of Availability; Effect of Compliance and Noncompliance.—
(1)
Period of availability of withheld funds.—
(A)
Funds withheld on or before september 30, 2000.—
Any funds withheld under subsection (a) from apportionment to any State on or before September 30, 2000, shall remain available until the end of the third fiscal year following the fiscal year for which the funds are authorized to be appropriated.
(B)
Funds withheld after september 30, 2000.—
No funds withheld under this section from apportionment to any State after September 30, 2000, shall be available for apportionment to the State.
(2)
Apportionment of withheld funds after compliance.—
If, before the last day of the period for which funds withheld under subsection (a) from apportionment are to remain available for apportionment to a State under paragraph (1), the State meets the requirement of subsection (a)(3), the Secretary shall, on the first day on which the State meets the requirement, apportion to the State the funds withheld under subsection (a) that remain available for apportionment to the State.
(3)
Period of availability of subsequently apportioned funds.—
Any funds apportioned pursuant to paragraph (2) shall remain available for expenditure until the end of the third fiscal year following the fiscal year in which the funds are so apportioned. Sums not obligated at the end of that period shall lapse.
(4)
Effect of noncompliance.—
If, at the end of the period for which funds withheld under subsection (a) from apportionment are available for apportionment to a State under paragraph (1), the State does not meet the requirement of subsection (a)(3), the funds shall lapse.
(Added Pub. L. 104–59, title III, § 320(a), Nov. 28, 1995, 109 Stat. 589; amended Pub. L. 105–178, title I, § 1103(l)(3)(F), June 9, 1998, 112 Stat. 126; Pub. L. 112–141, div. A, title I, § 1404(h), July 6, 2012, 126 Stat. 559.)
§ 162.
National scenic byways program
(a)
Designation of Roads.—
(1)
In general.—
The Secretary shall carry out a national scenic byways program that recognizes roads having outstanding scenic, historic, cultural, natural, recreational, and archaeological qualities by designating the roads as—
(A) National Scenic Byways;
(B) All-American Roads; or
(C) America’s Byways.
(2)
Criteria.—
The Secretary shall designate roads to be recognized under the national scenic byways program in accordance with criteria developed by the Secretary.
(3)
Nomination.—
(A)
In general.—
To be considered for a designation, a road must be nominated by a State, an Indian tribe, or a Federal land management agency and must first be designated as a State scenic byway, an Indian tribe scenic byway, or, in the case of a road on Federal land, as a Federal land management agency byway.
(B)
Nomination by indian tribes.—
An Indian tribe may nominate a road as a National Scenic Byway, an All-American Road, or one of America’s Byways under paragraph (1) only if a Federal land management agency (other than the Bureau of Indian Affairs), a State, or a political subdivision of a State does not have—
(i) jurisdiction over the road; or
(ii) responsibility for managing the road.
(C)
Safety.—
An Indian tribe shall maintain the safety and quality of roads nominated by the Indian tribe under subparagraph (A).
(4)
Reciprocal notification.—
States, Indian tribes, and Federal land management agencies shall notify each other regarding nominations made under this subsection for roads that—
(A) are within the jurisdictional boundary of the State, Federal land management agency, or Indian tribe; or
(B) directly connect to roads for which the State, Federal land management agency, or Indian tribe is responsible.
(b)
Grants and Technical Assistance.—
(1)
In general.—
The Secretary shall make grants and provide technical assistance to States and Indian tribes to—
(A)
implement projects on highways designated as—
(i) National Scenic Byways;
(ii) All-American Roads;
(iii) America’s Byways;
(iv) State scenic byways; or
(v) Indian tribe scenic byways; and
(B) plan, design, and develop a State or Indian tribe scenic byway program.
(2)
Priorities.—
In making grants, the Secretary shall give priority to—
(A) each eligible project that is associated with a highway that has been designated as a National Scenic Byway, All-American Road, or 1 of America’s Byways and that is consistent with the corridor management plan for the byway;
(B)
each eligible project along a State or Indian tribe scenic byway that is consistent with the corridor management plan for the byway, or is intended to foster the development of such a plan, and is carried out to make the byway eligible for designation as—
(i) a National Scenic Byway;
(ii) an All-American Road; or
(iii) 1 of America’s Byways; and
(C) each eligible project that is associated with the development of a State or Indian tribe scenic byway program.
(c)
Eligible Projects.—
The following are projects that are eligible for Federal assistance under this section:
(1) An activity related to the planning, design, or development of a State or Indian tribe scenic byway program.
(2) Development and implementation of a corridor management plan to maintain the scenic, historical, recreational, cultural, natural, and archaeological characteristics of a byway corridor while providing for accommodation of increased tourism and development of related amenities.
(3) Safety improvements to a State scenic byway, Indian tribe scenic byway, National Scenic Byway, All-American Road, or one of America’s Byways to the extent that the improvements are necessary to accommodate increased traffic and changes in the types of vehicles using the highway as a result of the designation as a State scenic byway, Indian tribe scenic byway, National Scenic Byway, All-American Road, or one of America’s Byways.
(4) Construction along a scenic byway of a facility for pedestrians and bicyclists, rest area, turnout, highway shoulder improvement, overlook, or interpretive facility.
(5) An improvement to a scenic byway that will enhance access to an area for the purpose of recreation, including water-related recreation.
(6) Protection of scenic, historical, recreational, cultural, natural, and archaeological resources in an area adjacent to a scenic byway.
(7) Development and provision of tourist information to the public, including interpretive information about a scenic byway.
(8) Development and implementation of a scenic byway marketing program.
(d)
Limitation.—
The Secretary shall not make a grant under this section for any project that would not protect the scenic, historical, recreational, cultural, natural, and archaeological integrity of a highway and adjacent areas.
(e)
Savings Clause.—
The Secretary shall not withhold any grant or impose any requirement on a State or Indian tribe as a condition of providing a grant or technical assistance for any scenic byway unless the requirement is consistent with the authority provided in this chapter.
(f)
Federal Share.—
The Federal share of the cost of carrying out a project under this section shall be 80 percent, except that, in the case of any scenic byway project along a public road that provides access to or within Federal or Indian land, a Federal land management agency may use funds authorized for use by the agency as the non-Federal share.
(Added Pub. L. 105–178, title I, § 1219(a), June 9, 1998, 112 Stat. 219; amended Pub. L. 109–59, title I, § 1802, Aug. 10, 2005, 119 Stat. 1456; Pub. L. 110–244, title I, § 101(o), June 6, 2008, 122 Stat. 1576.)
§ 163.
Safety incentives to prevent operation of motor vehicles by intoxicated persons
(a)
General Authority.—
The Secretary shall make a grant, in accordance with this section, to any State that has enacted and is enforcing a law that provides that any person with a blood alcohol concentration of 0.08 percent or greater while operating a motor vehicle in the State shall be deemed to have committed a per se offense of driving while intoxicated (or an equivalent per se offense).
(b)
Grants.—
For each fiscal year, funds authorized to carry out this section shall be apportioned to each State that has enacted and is enforcing a law meeting the requirements of subsection (a) in an amount determined by multiplying—
(1) the amount authorized to carry out this section for the fiscal year; by
(2) the ratio that the amount of funds apportioned to each such State under section 402 for such fiscal year bears to the total amount of funds apportioned to all such States under section 402 for such fiscal year.
(c)
Use of Grants.—
A State may obligate funds apportioned under subsection (b) for any project eligible for assistance under this title.
(d)
Federal Share.—
The Federal share of the cost of a project funded under this section shall be 100 percent.
(e)
Penalty.—
(1)
Fiscal years 2007 through 2011.—
On October 1, 2006, and October 1 of each fiscal year thereafter through fiscal year 2011, if a State has not enacted or is not enforcing a law described in subsection (a), the Secretary shall withhold an amount equal to 8 percent of the amounts to be apportioned to the State on that date under each of paragraphs (1), (3), and (4) of section 104(b).1
1 See References in Text note below.
(2)
Fiscal year 2012 and thereafter.—
On October 1, 2011, and October 1 of each fiscal year thereafter, if a State has not enacted or is not enforcing a law described in subsection (a), the Secretary shall withhold an amount equal to 6 percent of the amounts to be apportioned to the State on that date under each of paragraphs (1) and (2) of section 104(b).
(3)
Failure to comply.—
If, within 4 years from the date that an apportionment for a State is withheld in accordance with this subsection, the Secretary determines that the State has enacted and is enforcing a law described in subsection (a), the apportionment of the State shall be increased by an amount equal to the amount withheld. If, at the end of such 4-year period, any State has not enacted or is not enforcing a law described in subsection (a) any amounts so withheld from such State shall lapse.
(f)
Authorization of Appropriations.—
(1)
In general.—
There are authorized to be appropriated out of the Highway Trust Fund (other than the Mass Transit Account) to carry out this section $55,000,000 for fiscal year 1998, $65,000,000 for fiscal year 1999, $80,000,000 for fiscal year 2000, $90,000,000 for fiscal year 2001, $100,000,000 for fiscal year 2002, $110,000,000 for fiscal year 2003, $110,000,000 for fiscal year 2004, and $110,000,000 for fiscal year 2005 $91,315,068 for the period of October 1, 2004, through July 30, 2005.2
2 So in original. The words “$91,315,068 for the period of October 1, 2004, through July 30, 2005” probably should not appear.
(2)
Availability of funds.—
Notwithstanding section 118(b), the funds authorized by this subsection shall remain available until expended.
(Added Pub. L. 105–178, title I, § 1404(a), June 9, 1998, 112 Stat. 240; amended Pub. L. 108–88, § 6(a)(2), Sept. 30, 2003, 117 Stat. 1119; Pub. L. 108–202, § 6(b), Feb. 29, 2004, 118 Stat. 483; Pub. L. 108–224, § 5(b), Apr. 30, 2004, 118 Stat. 632; Pub. L. 108–263, § 5(b), June 30, 2004, 118 Stat. 703; Pub. L. 108–280, § 5(b), July 30, 2004, 118 Stat. 881; Pub. L. 108–310, § 6(a)(2), Sept. 30, 2004, 118 Stat. 1152; Pub. L. 109–14, § 5(a)(2), May 31, 2005, 119 Stat. 329; Pub. L. 109–20, § 5(a)(2), July 1, 2005, 119 Stat. 351; Pub. L. 109–35, § 5(a)(2), July 20, 2005, 119 Stat. 384; Pub. L. 109–37, § 5(a)(2), July 22, 2005, 119 Stat. 399; Pub. L. 109–40, § 5(a)(2), July 28, 2005, 119 Stat. 416; Pub. L. 109–59, title I, § 1407(a), (b), Aug. 10, 2005, 119 Stat. 1231; Pub. L. 112–141, div. A, title I, § 1404(i), July 6, 2012, 126 Stat. 559; Pub. L. 114–94, div. A, title I, § 1446(a)(9), Dec. 4, 2015, 129 Stat. 1437.)
§ 164.
Minimum penalties for repeat offenders for driving while intoxicated or driving under the influence
(a)
Definitions.—
In this section, the following definitions apply:
(1)
24-7 sobriety program.—
The term “24-7 sobriety program” has the meaning given the term in section 405(d)(7)(A).
(2)
Alcohol concentration.—
The term “alcohol concentration” means grams of alcohol per 100 milliliters of blood or grams of alcohol per 210 liters of breath.
(3)
Driving while intoxicated; driving under the influence.—
The terms “driving while intoxicated” and “driving under the influence” mean driving or being in actual physical control of a motor vehicle while having an alcohol concentration above the permitted limit as established by each State.
(4)
Motor vehicle.—
The term “motor vehicle” means a vehicle driven or drawn by mechanical power and manufactured primarily for use on public highways, but does not include a vehicle operated solely on a rail line or a commercial vehicle.
(5)
Repeat intoxicated driver law.—
The term “repeat intoxicated driver law” means a State law or combination of laws or programs that provides, as a minimum penalty, that an individual convicted of a second or subsequent offense for driving while intoxicated or driving under the influence after a previous conviction for that offense shall—
(A)
receive, for a period of not less than 1 year—
(i) a suspension of all driving privileges;
(ii) a restriction on driving privileges that limits the individual to operating only motor vehicles with an ignition interlock device installed, unless a special exception applies;
(iii) a restriction on driving privileges that limits the individual to operating motor vehicles only if participating in, and complying with, a 24-7 sobriety program; or
(iv) any combination of clauses (i) through (iii);
(B) receive an assessment of the individual’s degree of abuse of alcohol and treatment as appropriate; and
(C)
receive—
(i)
in the case of the second offense—
(I) an assignment of not less than 30 days of community service; or(II) not less than 5 days of imprisonment (unless the State certifies that the general practice is that such an individual will be incarcerated); and
(ii)
in the case of the third or subsequent offense—
(I) an assignment of not less than 60 days of community service; or(II) not less than 10 days of imprisonment (unless the State certifies that the general practice is that such an individual will receive 10 days of incarceration).
(6)
Special exception.—
The term “special exception” means an exception under a State alcohol-ignition interlock law for the following circumstances:
(A) The individual is required to operate an employer’s motor vehicle in the course and scope of employment and the business entity that owns the vehicle is not owned or controlled by the individual.
(B) The individual is certified by a medical doctor as being unable to provide a deep lung breath sample for analysis by an ignition interlock device.
(b)
Transfer of Funds.—
(1)
Fiscal years 2001 and 2002.—
On October 1, 2000, and October 1, 2001, if a State has not enacted or is not enforcing a repeat intoxicated driver law, the Secretary shall transfer an amount equal to 1½ percent of the funds apportioned to the State on that date under each of paragraphs (1), (3), and (4) of section 104(b) 1
1 See References in Text note below.
to the apportionment of the State under section 402—
(A) to be used for alcohol-impaired driving countermeasures; or
(B) to be directed to State and local law enforcement agencies for enforcement of laws prohibiting driving while intoxicated or driving under the influence and other related laws (including regulations), including the purchase of equipment, the training of officers, and the use of additional personnel for specific alcohol-impaired driving countermeasures, dedicated to enforcement of the laws (including regulations).
(2)
Fiscal year 2012 and thereafter.—
(A)
Reservation of funds.—
On October 1, 2011, and each October 1 thereafter, if a State has not enacted or is not enforcing a repeat intoxicated driver law, the Secretary shall reserve an amount equal to 2.5 percent of the funds to be apportioned to the State on that date under each of paragraphs (1) and (2) of section 104(b) until the State certifies to the Secretary the means by which the States will use those reserved funds among the uses authorized under subparagraphs (A) and (B) of paragraph (1), and paragraph (3).
(B)
Transfer of funds.—
As soon as practicable after the date of receipt of a certification from a State under subparagraph (A), the Secretary shall—
(i) transfer the reserved funds identified by the State for use as described in subparagraphs (A) and (B) of paragraph (1) to the apportionment of the State under section 402; and
(ii) release the reserved funds identified by the State as described in paragraph (3).
(3)
Use for highway safety improvement program.—
(A)
In general.—
A State may elect to use all or a portion of the funds reserved under paragraph (2) for activities eligible under section 148.
(B)
State departments of transportation.—
If the State makes an election under subparagraph (A), the funds shall be transferred to the department of transportation of the State, which shall be responsible for the administration of the funds.
(4)
Federal share.—
The Federal share of the cost of a project carried out with funds transferred under paragraph (1) or (2), or used under paragraph (3), shall be 100 percent.
(5)
Derivation of amount to be transferred.—
The amount to be transferred or released under paragraph (2) may be derived from the following:
(A) The apportionment of the State under section 104(b)(1).
(B) The apportionment of the State under section 104(b)(2).
(6)
Transfer of obligation authority.—
(A)
In general.—
If the Secretary transfers under this subsection any funds to the apportionment of a State under section 402 for a fiscal year, the Secretary shall transfer an amount, determined under subparagraph (B), of obligation authority distributed for the fiscal year to the State for Federal-aid highways and highway safety construction programs for carrying out projects under section 402.
(B)
Amount.—
The amount of obligation authority referred to in subparagraph (A) shall be determined by multiplying—
(i) the amount of funds transferred under subparagraph (A) to the apportionment of the State under section 402 for the fiscal year, by
(ii)
the ratio that—
(I) the amount of obligation authority distributed for the fiscal year to the State for Federal-aid highways and highway safety construction programs, 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 any obligation limitation) for the fiscal year.
(7)
Limitation on applicability of obligation limitation.—
Notwithstanding any other provision of law, no limitation on the total of obligations for highway safety programs under section 402 shall apply to funds transferred under this subsection to the apportionment of a State under such section.
(Added Pub. L. 105–178, title I, § 1406(a), as added Pub. L. 105–206, title IX, § 9005(a), July 22, 1998, 112 Stat. 845; amended Pub. L. 109–59, title I, § 1401(a)(3)(C), Aug. 10, 2005, 119 Stat. 1225; Pub. L. 110–244, title I, § 115, June 6, 2008, 122 Stat. 1606; Pub. L. 112–141, div. A, title I, § 1403, July 6, 2012, 126 Stat. 556; Pub. L. 114–94, div. A, title I, §§ 1414, 1446(a)(10), Dec. 4, 2015, 129 Stat. 1420, 1437.)
§ 165.
Territorial and Puerto Rico highway program
(a)
Division of Funds.—
Of funds made available in a fiscal year for the territorial and Puerto Rico highway program—
(1) $158,000,000 shall be for the Puerto Rico highway program under subsection (b); and
(2) $42,000,000 shall be for the territorial highway program under subsection (c).
(b)
Puerto Rico Highway Program.—
(1)
In general.—
The Secretary shall allocate funds made available to carry out this subsection to the Commonwealth of Puerto Rico to carry out a highway program in the Commonwealth.
(2)
Treatment of funds.—
Amounts made available to carry out this subsection for a fiscal year shall be administered as follows:
(A)
Apportionment.—
(i)
In general.—
For the purpose of imposing any penalty under this title or title 49, the amounts shall be treated as being apportioned to Puerto Rico under sections 104(b) and 144 (as in effect for fiscal year 1997) for each program funded under those sections in an amount determined by multiplying—
(I) the aggregate of the amounts for the fiscal year; by(II)
the proportion that—
(aa) the amount of funds apportioned to Puerto Rico for each such program for fiscal year 1997; bears to(bb) the total amount of funds apportioned to Puerto Rico for all such programs for fiscal year 1997.
(ii)
Exception.—
Funds identified under clause (i) as having been apportioned for the national highway system, the surface transportation block grant program, and the Interstate maintenance program shall be deemed to have been apportioned 50 percent for the national highway performance program and 50 percent for the surface transportation program for purposes of imposing such penalties.
(B)
Penalty.—
The amounts treated as being apportioned to Puerto Rico under each section referred to in subparagraph (A) shall be deemed to be required to be apportioned to Puerto Rico under that section for purposes of the imposition of any penalty under this title or title 49.
(C)
Eligible uses of funds.—
Of amounts allocated to Puerto Rico for the Puerto Rico Highway Program for a fiscal year—
(i) at least 50 percent shall be available only for purposes eligible under section 119;
(ii) at least 25 percent shall be available only for purposes eligible under section 148; and
(iii) any remaining funds may be obligated for activities eligible under chapter 1.
(3)
Effect on apportionments.—
Except as otherwise specifically provided, Puerto Rico shall not be eligible to receive funds apportioned to States under this title.
(c)
Territorial Highway Program.—
(1)
Territory defined.—
In this subsection, the term “territory” means any of the following territories of the United States:
(A) American Samoa.
(B) The Commonwealth of the Northern Mariana Islands.
(C) Guam.
(D) The United States Virgin Islands.
(2)
Program.—
(A)
In general.—
Recognizing the mutual benefits that will accrue to the territories and the United States from the improvement of highways in the territories, the Secretary may carry out a program to assist each government of a territory in the construction and improvement of a system of arterial and collector highways, and necessary inter-island connectors, that is—
(i) designated by the Governor or chief executive officer of each territory; and
(ii) approved by the Secretary.
(B)
Federal share.—
The Federal share of Federal financial assistance provided to territories under this subsection shall be in accordance with section 120(g).
(3)
Technical assistance.—
(A)
In general.—
To continue a long-range highway development program, the Secretary may provide technical assistance to the governments of the territories to enable the territories, on a continuing basis—
(i) to engage in highway planning;
(ii) to conduct environmental evaluations;
(iii) to administer right-of-way acquisition and relocation assistance programs; and
(iv) to design, construct, operate, and maintain a system of arterial and collector highways, including necessary inter-island connectors.
(B)
Form and terms of assistance.—
Technical assistance provided under subparagraph (A), and the terms for the sharing of information among territories receiving the technical assistance, shall be included in the agreement required by paragraph (5).
(4)
Nonapplicability of certain provisions.—
(A)
In general.—
Except to the extent that provisions of this chapter are determined by the Secretary to be inconsistent with the needs of the territories and the intent of this subsection, this chapter (other than provisions of this chapter relating to the apportionment and allocation of funds) shall apply to funds made available under this subsection.
(B)
Applicable provisions.—
The agreement required by paragraph (5) for each territory shall identify the sections of this chapter that are applicable to that territory and the extent of the applicability of those sections.
(5)
Agreement.—
(A)
In general.—
Except as provided in subparagraph (D), none of the funds made available under this subsection shall be available for obligation or expenditure with respect to any territory until the chief executive officer of the territory has entered into an agreement (including an agreement entered into under section 215 as in effect on the day before the enactment of this section) with the Secretary providing that the government of the territory shall—
(i) implement the program in accordance with applicable provisions of this chapter and paragraph (4);
(ii)
design and construct a system of arterial and collector highways, including necessary inter-island connectors, in accordance with standards that are—
(I) appropriate for each territory; and(II) approved by the Secretary;
(iii) provide for the maintenance of facilities constructed or operated under this subsection in a condition to adequately serve the needs of present and future traffic; and
(iv) implement standards for traffic operations and uniform traffic control devices that are approved by the Secretary.
(B)
Technical assistance.—
The agreement required by subparagraph (A) shall—
(i) specify the kind of technical assistance to be provided under the program;
(ii) include appropriate provisions regarding information sharing among the territories; and
(iii) delineate the oversight role and responsibilities of the territories and the Secretary.
(C)
Review and revision of agreement.—
The agreement entered into under subparagraph (A) shall be reevaluated and, as necessary, revised, at least every 2 years.
(D)
Existing agreements.—
With respect to an agreement under this subsection or an agreement entered into under section 215 of this title as in effect on the day before the date of enactment of this subsection—
(i) the agreement shall continue in force until replaced by an agreement entered into in accordance with subparagraph (A); and
(ii) amounts made available under this subsection under the existing agreement shall be available for obligation or expenditure so long as the agreement, or the existing agreement entered into under subparagraph (A), is in effect.
(6)
Eligible uses of funds.—
(A)
In general.—
Funds made available under this subsection may be used only for the following projects and activities carried out in a territory:
(i) Eligible surface transportation block grant program projects described in section 133(b).
(ii) Cost-effective, preventive maintenance consistent with section 116(e).
(iii) Ferry boats, terminal facilities, and approaches, in accordance with subsections (b) and (c) of section 129.
(iv) Engineering and economic surveys and investigations for the planning, and the financing, of future highway programs.
(v) Studies of the economy, safety, and convenience of highway use.
(vi) The regulation and equitable taxation of highway use.
(vii) Such research and development as are necessary in connection with the planning, design, and maintenance of the highway system.
(B)
Prohibition on use of funds for routine maintenance.—
None of the funds made available under this subsection shall be obligated or expended for routine maintenance.
(7)
Location of projects.—
Territorial highway program projects (other than those described in paragraphs (1) through (4) of section 133(c) and section 133(b)(12)) may not be undertaken on roads functionally classified as local.
(Added Pub. L. 109–59, title I, § 1120(a), Aug. 10, 2005, 119 Stat. 1191; amended Pub. L. 112–141, div. A, title I, § 1114(a), July 6, 2012, 126 Stat. 464; Pub. L. 114–94, div. A, title I, §§ 1109(c)(5), 1115, 1446(a)(11), Dec. 4, 2015, 129 Stat. 1343, 1349, 1438.)
§ 166.
HOV facilities
(a)
In General.—
(1)
Authority of public authorities.—
A public authority that has jurisdiction over the operation of a HOV facility shall establish the occupancy requirements of vehicles operating on the facility.
(2)
Occupancy requirement.—
Except as otherwise provided by this section, no fewer than two occupants per vehicle may be required for use of a HOV facility.
(b)
Exceptions.—
(1)
In general.—
Notwithstanding the occupancy requirement of subsection (a)(2), the exceptions in paragraphs (2) through (5) shall apply with respect to a public authority operating a HOV facility.
(2)
Motorcycles and bicycles.—
(A)
In general.—
Subject to subparagraph (B), the public authority shall allow motorcycles and bicycles to use the HOV facility.
(B)
Safety exception.—
(i)
In general.—
A public authority may restrict use of the HOV facility by motorcycles or bicycles (or both) if the authority certifies to the Secretary that such use would create a safety hazard and the Secretary accepts the certification.
(ii)
Acceptance of certification.—
The Secretary may accept a certification under this subparagraph only after the Secretary publishes notice of the certification in the Federal Register and provides an opportunity for public comment.
(3)
Public transportation vehicles.—
The public authority may allow public transportation vehicles to use the HOV facility if the authority—
(A) establishes requirements for clearly identifying the vehicles;
(B) establishes procedures for enforcing the restrictions on the use of the facility by the vehicles; and
(C) provides equal access under the same rates, terms, and conditions for all public transportation vehicles and over-the-road buses serving the public.
(4)
High occupancy toll vehicles.—
The public authority may allow vehicles not otherwise exempt pursuant to this subsection to use the HOV facility if the operators of the vehicles pay a toll charged by the authority for use of the facility and the authority—
(A) establishes a program that