Definitions and declaration of policy
Definitions.—
In this title, the following definitions apply:
Apportionment.—
The term “apportionment” includes unexpended apportionments made under prior authorization laws.
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.
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.
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—
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;
reconstruction, resurfacing, restoration, rehabilitation, and preservation;
acquisition of rights-of-way;
relocation assistance, acquisition of replacement housing sites, and acquisition and rehabilitation, relocation, and construction of replacement housing;
elimination of hazards of railway-highway grade crossings;
elimination of roadside hazards;
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
capital improvements that directly facilitate an effective vehicle weight enforcement program, such as scales (fixed and portable), scale pits, scale installation, and scale houses.
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.
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.
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.
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).
Forest development roads and trails.—
The term “forest development roads and trails” means forest roads and trails under the jurisdiction of the Forest Service.
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.
Highway.—
The term “highway” includes—
a road, street, and parkway;
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
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.
Interstate System.—
The term “Interstate System” means the Dwight D. Eisenhower National System of Interstate and Defense Highways described in section 103(c).
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.
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)).
National highway freight network.—
The term “National Highway Freight Network” means the National Highway Freight Network established under section 167.
National Highway System.—
The term “National Highway System” means the Federal-aid highway system described in section 103(b).
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.
Operational improvement.—
The term “operational improvement”—
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
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.
Project.—
The term “project” means any undertaking eligible for assistance under this title.
Project agreement.—
The term “project agreement” means the formal instrument to be executed by the Secretary and the recipient as required by section 106.
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.
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.
Rural areas.—
The term “rural areas” means all areas of a State not included in urban areas.
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.
Secretary.—
The term “Secretary” means Secretary of Transportation.
State.—
The term “State” means any of the 50 States, the District of Columbia, or Puerto Rico.
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.
State strategic highway safety plan.—
The term “State strategic highway safety plan” has the same meaning given such term in section 148(a).
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.
Transportation systems management and operations.—
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.
Inclusions.—
The term “transportation systems management and operations” includes—
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
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.
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).
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.
Urban area.—
The term “urban area” means an urbanized area or, in the case of an urbanized area encompassing more than one State, that part of the urbanized area in each such State, or urban place as designated by the Bureau of the Census having a population of 5,000 or more and not within any urbanized area, 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 urban place designated by the Bureau of the Census, except in the case of cities in the State of Maine and in the State of New Hampshire.
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.
Declaration of Policy.—
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
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
Transportation needs of 21st century.—
Congress declares that—
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;
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;
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;
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—
national and interregional personal mobility (including personal mobility in rural and urban areas) and reduced congestion;
flow of interstate and international commerce and freight transportation; and
travel movements essential for national security;
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;
the connection between land use and infrastructure is significant;
transportation should play a significant role in promoting economic growth, improving the environment, and sustaining the quality of life; and
the Secretary should take appropriate actions to preserve and enhance the Interstate System to meet the needs of the 21st Century.
Expedited project delivery.—
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.
Policy of the united states.—
Accordingly, it is the policy of the United States that—
the Secretary shall have the lead role among Federal agencies in carrying out the environmental review process for surface transportation projects;
each Federal agency shall cooperate with the Secretary to expedite the environmental review process for surface transportation projects;
project sponsors shall not be prohibited from carrying out preconstruction project development activities concurrently with the environmental review process;
programmatic approaches shall be used to reduce the need for project-by-project reviews and decisions by Federal agencies; and
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.
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.
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.
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.
Source
(Pub. L. 85–767,Notes
References in Text
Amendments
Effective Date of 2015 Amendment
Effective and Termination Dates of 2012 Amendment
this Act [see Short Title of 2012 Amendment note below] and the amendments made by this Act shall cease to be effective;
the text of the laws amended by this Act shall revert back so as to read as the text read on the day before the date of enactment of this Act [
the amendments made by the MAP–21 [see Tables for classification] shall be executed as if this Act had not been enacted.”
Effective Date of 2008 Amendment
In General.—
Except as otherwise provided in this Act (including subsection (b)), this Act [see Tables for classification] and the amendments made by this Act take effect on the date of enactment of this Act [
Exception.—
In general.—
The amendments made by this Act (other than the amendments made by sections 101(g), 101(m)(1)(H) [amending section 144 of this title, not Pub. L. 109–59], 103, 105, 109, and 201(o)) to the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (Public Law 109–59; 119 Stat. 1144) shall—
take effect as of the date of enactment of that Act [
be treated as being included in that Act as of that date.
Effect of amendments.—
Each provision of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (Public Law 109–59; 119 Stat. 1144) (including the amendments made by that Act) (as in effect on the day before the date of enactment of this Act [
Effective Date of 1998 Amendment
Effective Date of 1991 Amendment
Effective Date of 1970 Amendment
Effective Date of 1968 Amendment
Except as otherwise provided in subsection (b) of this section, this Act and the amendments made by this Act [enacting sections 135, 139, 140, 141, and 501 to 511 of this title, amending this section, sections 103, 104, 108, 112, 113, 115, 116, 120, 125, 128, 129, 131, 135, 136, 138, 205, 319, and 402 of this title, section 636 of Title 15, Commerce and Trade, and section 1653 of former Title 49, Transportation, repealing section 133 of this title, enacting provisions set out as notes under this section and sections 104, 108, 125, 134, 501, 502, and 510 of this title] shall take effect on the date of its enactment [
In the case of any State (1) which is required to amend its constitution to comply with sections 502, 505, 506, 507, and 508 of title 23, United States Code, and (2) which cannot submit the required constitutional amendment for ratification prior to
Effective Date of 1959 Amendment
Short Title of 2015 Amendment
Short Title of 2014 Amendment
Short Title of 2012 Amendment
Short Title of 2011 Amendment
Short Title of 2010 Amendment
Short Title of 2008 Amendment
Short Title of 2005 Amendment
Short Title of 2004 Amendment
Short Title of 2003 Amendment
Short Title of 1998 Amendment
Short Title of 1997 Amendment
Short Title of 1995 Amendment
Short Title of 1987 Amendment
Short Title of 1983 Amendment
Short Title of 1981 Amendment
Short Title of 1978 Amendment
Short Title of 1976 Amendment
Short Title of 1974 Amendment
Short Title of 1973 Amendment
Short Title of 1970 Amendment
Short Title of 1968 Amendment
Short Title of 1966 Amendment
Short Title of 1965 Amendment
Short Title of 1964 Amendment
Short Title of 1963 Amendment
Short Title of 1962 Amendment
Short Title of 1961 Amendment
Short Title of 1960 Amendment
Short Title of 1959 Amendment
Separability
Abolition of Immigration and Naturalization Service and Transfer of Functions
Transfer of Functions
Flexibility for Projects
Authority.—
With respect to projects eligible for funding under title 23, United States Code, subject to subsection (b) and on request by a State, the Secretary [of Transportation] may—
exercise all existing flexibilities under and exceptions to—
the requirements of title 23, United States Code; and
other requirements administered by the Secretary, in whole or part; and
otherwise provide additional flexibility or expedited processing with respect to the requirements described in paragraph (1).
Maintaining Protections.—
Nothing in this section—
waives the requirements of section 113 or 138 of title 23, United States Code;
supersedes, amends, or modifies—
the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) or any other Federal environmental law; or
any requirement of title 23 or title 49, United States Code; or
affects the responsibility of any Federal officer to comply with or enforce any law or requirement described in this subsection.”
Productive and Timely Expenditure of Funds
In General.—
Not later than 1 year after the date of enactment of this Act [
Implementation.—
The Secretary shall work with States to ensure that any guidance developed under subsection (a) is consistently implemented by States and the Federal Highway Administration to—
avoid unnecessary delays in completing projects;
minimize cost overruns; and
ensure the effective use of Federal funding.”
Use of Durable, Resilient, and Sustainable Materials and Practices
Every Day Counts Initiative
In General.—
It is in the national interest for the Department [of Transportation], State departments of transportation, and all other recipients of Federal transportation funds—
to identify, accelerate, and deploy innovation aimed at shortening project delivery, enhancing the safety of the roadways of the United States, and protecting the environment;
to ensure that the planning, design, engineering, construction, and financing of transportation projects is done in an efficient and effective manner;
to promote the rapid deployment of proven solutions that provide greater accountability for public investments and encourage greater private sector involvement; and
to create a culture of innovation within the highway community.
Every Day Counts Initiative.—
To advance the policy described in subsection (a), the Administrator of the Federal Highway Administration shall continue the Every Day Counts initiative to work with States, local transportation agencies, and industry stakeholders to identify and deploy proven innovative practices and products that—
accelerate innovation deployment;
shorten the project delivery process;
improve environmental sustainability;
enhance roadway safety; and
reduce congestion.
Innovation Deployment.—
In general.—
At least every 2 years, the Administrator shall work collaboratively with stakeholders to identify a new collection of innovations, best practices, and data to be deployed to highway stakeholders through case studies, webinars, and demonstration projects.
Requirements.—
In identifying a collection described in paragraph (1), the Secretary shall take into account market readiness, impacts, benefits, and ease of adoption of the innovation or practice.
Publication.—
Each collection identified under subsection (c) shall be published by the Administrator on a publicly available Web site.”
Findings
the existing Highway Trust Fund system is unsustainable and unable to meet our Nation’s 21st century transportation needs;
MAP–21 [Pub. L. 112–141, see Tables for classification] included important reforms that must be built upon in the next reauthorization bill to increase the efficient and effective utilization of Federal funding;
these reforms should include the elimination of duplicative Federal regulations and increase the authority and responsibility of the States to safely and efficiently build, operate, and fund transportation systems that best serve the needs of their citizens, including the ability of each State to implement innovative solutions, while also maintaining the appropriate Federal role in transportation; and
Congress should enact and the President should sign a surface transportation reauthorization and reform bill prior to the expiration of this Act [probably means expiration of program extensions provided by Pub. L. 113–159].”
Declaration of Policy and Project Delivery Initiative
In General.—
It is the policy of the United States that—
it is in the national interest for the Department [of Transportation], State departments of transportation, transit agencies, and all other recipients of Federal transportation funds—
to accelerate project delivery and reduce costs; and
to ensure that the planning, design, engineering, construction, and financing of transportation projects is done in an efficient and effective manner, promoting accountability for public investments and encouraging greater private sector involvement in project financing and delivery while enhancing safety and protecting the environment;
delay in the delivery of transportation projects increases project costs, harms the economy of the United States, and impedes the travel of the people of the United States and the shipment of goods for the conduct of commerce; and
the Secretary [of Transportation] shall identify and promote the deployment of innovation aimed at reducing the time and money required to deliver transportation projects while enhancing safety and protecting the environment.
Project Delivery Initiative.—
In general.—
To advance the policy described in subsection (a), the Secretary [of Transportation] shall carry out a project delivery initiative under this section [amending this section and enacting this note].
Purposes.—
The purposes of the project delivery initiative shall be—
to develop and advance the use of best practices to accelerate project delivery and reduce costs across all modes of transportation and expedite the deployment of technology and innovation;
to implement provisions of law designed to accelerate project delivery; and
to select eligible projects for applying experimental features to test innovative project delivery techniques.
Advancing the use of best practices.—
In general.—
In carrying out the initiative under this section, the Secretary shall identify and advance best practices to reduce delivery time and project costs, from planning through construction, for transportation projects and programs of projects regardless of mode and project size.
Administration.—
To advance the use of best practices, the Secretary shall—
engage interested parties, affected communities, resource agencies, and other stakeholders to gather information regarding opportunities for accelerating project delivery and reducing costs;
establish a clearinghouse for the collection, documentation, and advancement of existing and new innovative approaches and best practices;
disseminate information through a variety of means to transportation stakeholders on new innovative approaches and best practices; and
provide technical assistance to assist transportation stakeholders in the use of flexibility authority to resolve project delays and accelerate project delivery if feasible.
Implementation of accelerated project delivery.—
The Secretary shall ensure that the provisions of this subtitle [subtitle C (§§ 1301–1323) of title I of div. A of Pub. L. 112–141, see Tables for classification] designed to accelerate project delivery are fully implemented, including—
expanding eligibility of early acquisition of property prior to completion of environmental review under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.);
allowing the use of the construction manager or general contractor method of contracting in the Federal-aid highway system; and
establishing a demonstration program to streamline the relocation process by permitting a lump-sum payment for acquisition and relocation if elected by the displaced occupant.”
Innovative Project Delivery Methods Policy
In general.—
Congress declares that it is in the national interest to promote the use of innovative technologies and practices that increase the efficiency of construction of, improve the safety of, and extend the service life of highways and bridges.
Inclusions.—
The innovative technologies and practices described in paragraph (1) include state-of-the-art intelligent transportation system technologies, elevated performance standards, and new highway construction business practices that improve highway safety and quality, accelerate project delivery, and reduce congestion related to highway construction.”
Report on Highway Trust Fund Expenditures
Initial Report.—
Not later than 150 days after the date of enactment of this Act [
Updates.—
Not later than 5 years after the date on which the report is submitted under subsection (a) and every 5 years thereafter, the Comptroller General shall submit to Congress a report that updates the information provided in the report under that subsection for the preceding 5-year period.
Inclusions.—
Each report submitted under subsection (a) or (b) shall include a description of—
the types of administrative expenses of programs and offices funded by the Highway Trust Fund;
the tracking and monitoring of administrative expenses;
the controls in place to ensure that funding for administrative expenses is used as efficiently as practicable; and
the flexibility of the Department [of Transportation] to reallocate amounts from the Highway Trust Fund between full-time equivalent employees and other functions.”
Initial Report.—
Not later than 150 days after the date of enactment of this Act [see section 3(a), (b) of Pub. L. 112–141, set out as Effective and Termination Dates of 2012 Amendment notes above], the Comptroller General of the United States shall submit to Congress a report describing the activities funded from the Highway Trust Fund during each of fiscal years 2009 through 2011, including for purposes other than construction and maintenance of highways and bridges.
Updates.—
Not later than 5 years after the date on which the report is submitted under subsection (a) and every 5 years thereafter, the Comptroller General of the United States shall submit to Congress a report that updates the information provided in the report under that subsection for the applicable 5-year period.
Inclusions.—
A report submitted under subsection (a) or (b) shall include information similar to the information included in the report of the Government Accountability Office numbered ‘GAO–09–729R’ and entitled ‘Highway Trust Fund Expenditures on Purposes Other Than Construction and Maintenance of Highways and Bridges During Fiscal Years 2004–2008’.”
Projects of National and Regional Significance
National Corridor Infrastructure Improvement Program
Delta Region Transportation Development Program
In General.—
The Secretary [of Transportation] shall carry out a program in the 8 States comprising the Delta Region (Alabama, Arkansas, Illinois, Kentucky, Louisiana, Mississippi, Missouri, and Tennessee) to—
support and encourage multistate transportation planning and corridor development;
provide for transportation project development;
facilitate transportation decisionmaking; and
support transportation construction.
Eligible Recipients.—
A State transportation department or metropolitan planning organization in a Delta Region State may receive and administer funds provided under the program.
Eligible Activities.—
The Secretary [of Transportation] shall make allocations under the program for multistate highway planning, development, and construction projects.
Other Provisions Regarding Eligibility.—
All activities funded under this program shall be consistent with the continuing, cooperative, and comprehensive planning processes required by sections 134 and 135 of title 23, United States Code.
Selection Criteria.—
The Secretary [of Transportation] shall select projects to be carried out under the program based on—
whether the project is located—
in an area under the authority of the Delta Regional Authority; and
on a Federal-aid highway;
endorsement of the project by the State department of transportation; and
evidence of the ability of the recipient of funds provided under the program to complete the project.
Program Priorities.—
In administering the program, the Secretary [of Transportation] shall—
encourage State and local officials to work together to develop plans for multimodal and multijurisdictional transportation decisionmaking; and
give priority to projects that emphasize multimodal planning, including planning for operational improvements that—
increase the mobility of people and goods;
improve the safety of the transportation system with respect to catastrophic natural disasters or disasters caused by human activity; and
contribute to the economic vitality of the area in which the project is being carried out.
Federal Share.—
Amounts provided by the Delta Regional Authority to carry out a project under this subsection [probably means this section] may be applied to the non-Federal share of the project required by section 120 of title 23, United States Code.
Funding.—
In general.—
There is authorized to be appropriated from the Highway Trust Fund (other than the Mass Transit Account) to carry out this section $10,000,000 for each of fiscal years 2006 through 2009.
Contract authority.—
Funds made available to carry out this section shall be available for obligation in the same manner as if such funds were apportioned under chapter 1 of title 23, United States Code; except that such funds shall not be transferable and shall remain available until expended.”
Motorcyclist Advisory Council
barrier design;
road design, construction, and maintenance practices; and
the architecture and implementation of intelligent transportation system technologies.”
In General.—
The Secretary [of Transportation], acting through the Administrator of the Federal Highway Administration, in consultation with the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate, shall appoint a Motorcyclist Advisory Council to coordinate with and advise the Administrator on infrastructure issues of concern to motorcyclists, including—
barrier design;
road design, construction, and maintenance practices; and
the architecture and implementation of intelligent transportation system technologies.
Composition.—
The Council shall consist of not more than 10 members of the motorcycling community with professional expertise in national motorcyclist safety advocacy, including—
at least—
one member recommended by a national motorcyclist association;
one member recommended by a national motorcycle riders foundation;
one representative of the National Association of State Motorcycle Safety Administrators;
two members of State motorcyclists’ organizations;
one member recommended by a national organization that represents the builders of highway infrastructure;
one member recommended by a national association that represents the traffic safety systems industry; and
one member of a national safety organization; and
at least one, and not more than two, motorcyclists who are traffic system design engineers or State transportation department officials.”
National Corridor Planning and Development Program
In General.—
The Secretary shall establish and implement a program to make allocations to States and metropolitan planning organizations for coordinated planning, design, and construction of corridors of national significance, economic growth, and international or interregional trade. A State or metropolitan planning organization may apply to the Secretary for allocations under this section.
Eligibility of Corridors.—
The Secretary may make allocations under this section with respect to—
high priority corridors identified in section 1105(c) of the Intermodal Surface Transportation Efficiency Act of 1991 [Pub. L. 102–240, 105 Stat. 2032]; and
any other significant regional or multistate highway corridor not described in whole or in part in paragraph (1) selected by the Secretary after consideration of—
the extent to which the annual volume of commercial vehicle traffic at the border stations or ports of entry of each State—
has increased since the date of enactment of the North American Free Trade Agreement Implementation Act (Public Law 103–182 [
is projected to increase in the future;
the extent to which commercial vehicle traffic in each State—
has increased since the date of enactment of the North American Free Trade Agreement Implementation Act (Public Law 103–182); and
is projected to increase in the future;
the extent to which international truck-borne commodities move through each State;
the reduction in commercial and other travel time through a major international gateway or affected port of entry expected as a result of the proposed project including the level of traffic delays at at-grade highway crossings of major rail lines in trade corridors;
the extent of leveraging of Federal funds provided under this subsection, including—
use of innovative financing;
combination with funding provided under other sections of this Act [see Tables for classification] and title 23, United States Code; and
combination with other sources of Federal, State, local, or private funding including State, local, and private matching funds;
the value of the cargo carried by commercial vehicle traffic, to the extent that the value of the cargo and congestion impose economic costs on the Nation’s economy; and
encourage or facilitate major multistate or regional mobility and economic growth and development in areas underserved by existing highway infrastructure.
Purposes.—
Allocations may be made under this section for 1 or more of the following purposes:
Feasibility studies.
Comprehensive corridor planning and design activities.
Location and routing studies.
Multistate and intrastate coordination for corridors described in subsection (b).
After review by the Secretary of a development and management plan for the corridor or a usable component thereof under subsection (b)—
environmental review; and
construction.
Corridor Development and Management Plan.—
A State or metropolitan planning organization receiving an allocation under this section shall develop, and submit to the Secretary for review, a development and management plan for the corridor or a usable component thereof with respect to which the allocation is being made. Such plan shall include, at a minimum, the following elements:
A complete and comprehensive analysis of corridor costs and benefits.
A coordinated corridor development plan and schedule, including a timetable for completion of all planning and development activities, environmental reviews and permits, and construction of all segments.
A finance plan, including any innovative financing methods and, if the corridor is a multistate corridor, a State-by-State breakdown of corridor finances.
The results of any environmental reviews and mitigation plans.
The identification of any impediments to the development and construction of the corridor, including any environmental, social, political and economic objections.
In the case of a multistate corridor, the Secretary shall encourage all States having jurisdiction over any portion of such corridor to participate in the development of such plan.
Applicability of Title 23.—
Funds made available by section 1101 of this Act [set out in part as a note below] to carry out this section and section 1119 [set out below] shall be available for obligation in the same manner as if such funds were apportioned under chapter 1 of title 23, United States Code.
Coordination of Planning.—
Planning with respect to a corridor under this section shall be coordinated with transportation planning being carried out by the States and metropolitan planning organizations along the corridor and, to the extent appropriate, with transportation planning being carried out by Federal land management agencies, by tribal governments, or by government agencies in Mexico or Canada.
State Defined.—
In this section, the term ‘State’ has the meaning such term has under section 101 of title 23, United States Code.”
Border Infrastructure
In General.—
After consultation with relevant transportation planning organizations, the Governor of a State that shares a land border with Canada or Mexico may designate for each fiscal year not more than 5 percent of the funds made available to the State under section 133(d)(1)(B) of title 23, United States Code, for border infrastructure projects eligible under section 1303 of SAFETEA–LU (23 U.S.C. 101 note; 119 Stat. 1207).
Use of Funds.—
Funds designated under this section shall be available under the requirements of section 1303 of SAFETEA–LU (23 U.S.C. 101 note; 119 Stat. 1207).
Certification.—
Before making a designation under subsection (a), the Governor shall certify that the designation is consistent with transportation planning requirements under title 23, United States Code.
Notification.—
Not later than 30 days after making a designation under subsection (a), the Governor shall submit to the relevant transportation planning organizations within the border region a written notification of any suballocated or distributed amount of funds available for obligation by jurisdiction.
Limitation.—
This section applies only to funds apportioned to a State after the date of enactment of this Act [
Deadline for Designation.—
A designation under subsection (a) shall—
be submitted to the Secretary [of Transportation] not later than 30 days before the first day of the fiscal year for which the designation is being made; and
remain in effect for the funds designated under subsection (a) for a fiscal year until the Governor of the State notifies the Secretary of the termination of the designation.
Unobligated Funds After Termination.—
Effective beginning on the date of a termination under subsection (f)(2), all remaining unobligated funds that were designated under subsection (a) for the fiscal year for which the designation is being terminated shall be made available to the State for the purposes described in section 133(d)(1)(B) of title 23, United States Code.”
General Authority.—
The Secretary [of Transportation] shall implement a coordinated border infrastructure program under which the Secretary shall distribute funds to border States to improve the safe movement of motor vehicles at or across the border between the United States and Canada and the border between the United States and Mexico.
Eligible Uses.—
Subject to subsection (d), a State may use funds apportioned under this section only for—
improvements in a border region to existing transportation and supporting infrastructure that facilitate cross-border motor vehicle and cargo movements;
construction of highways and related safety and safety enforcement facilities in a border region that facilitate motor vehicle and cargo movements related to international trade;
operational improvements in a border region, including improvements relating to electronic data interchange and use of telecommunications, to expedite cross border motor vehicle and cargo movement;
modifications to regulatory procedures to expedite safe and efficient cross border motor vehicle and cargo movements; and
international coordination of transportation planning, programming, and border operation with Canada and Mexico relating to expediting cross border motor vehicle and cargo movements.
Apportionment of Funds.—
On October 1 of each fiscal year, the Secretary [of Transportation] shall apportion among border States sums authorized to be appropriated to carry out this section for such fiscal year as follows:
20 percent in the ratio that—
the total number of incoming commercial trucks that pass through the land border ports of entry within the boundaries of a border State, as determined by the Secretary; bears to
the total number of incoming commercial trucks that pass through such ports of entry within the boundaries of all the border States, as determined by the Secretary.
30 percent in the ratio that—
the total number of incoming personal motor vehicles and incoming buses that pass through land border ports of entry within the boundaries of a border State, as determined by the Secretary; bears to
the total number of incoming personal motor vehicles and incoming buses that pass through such ports of entry within the boundaries of all the border States, as determined by the Secretary.
25 percent in the ratio that—
the total weight of incoming cargo by commercial trucks that pass through land border ports of entry within the boundaries of a border State, as determined by the Secretary; bears to
the total weight of incoming cargo by commercial trucks that pass through such ports of entry within the boundaries of all the border States, as determined by the Secretary.
25 percent of the ratio that—
the total number of land border ports of entry within the boundaries of a border State, as determined by the Secretary; bears to
the total number of land border ports of entry within the boundaries of all the border States, as determined by the Secretary.
Projects in Canada or Mexico.—
A project in Canada or Mexico, proposed by a border State to directly and predominantly facilitate cross-border motor vehicle and cargo movements at an international port of entry into the border region of the State, may be constructed using funds apportioned to the State under this section if, before obligation of those funds, Canada or Mexico, or the political subdivision of Canada or Mexico that is responsible for the operation of the facility to be constructed, provides assurances satisfactory to the Secretary [of Transportation] that any facility constructed under this subsection will be—
constructed in accordance with standards equivalent to applicable standards in the United States; and
properly maintained and used over the useful life of the facility for the purpose for which the Secretary is allocating such funds to the project.
Transfer of Funds to the General Services Administration.—
State funds.—
At the request of a border State, funds apportioned to the State under this section may be transferred to the General Services Administration for the purpose of funding one or more projects described in subsection (b) if—
the Secretary [of Transportation] determines, after consultation with the transportation department of the border State, that the General Services Administration should carry out the project; and
the General Services Administration agrees to accept the transfer of, and to administer, those funds in accordance with this section.
Non-federal share.—
In general.—
A border State that makes a request under paragraph (1) shall provide directly to the General Services Administration, for each project covered by the request, the non-Federal share of the cost of the project.
No augmentation of appropriations.—
Funds provided by a border State under subparagraph (A)—
shall not be considered to be an augmentation of the appropriations made available to the General Services Administration; and
shall be—
administered, subject to paragraph (1)(B), in accordance with the procedures of the General Services Administration; but
available for obligation in the same manner as if the funds were apportioned under chapter 1 of title 23, United States Code.
Obligation authority.—
Obligation authority shall be transferred to the General Services Administration for a project in the same manner and amount as the funds provided for the project under paragraph (1).
Limitation on transfer of funds.—
No State may transfer to the General Services Administration under this subsection an amount that is more than the lesser of—
15 percent of the aggregate amount of funds apportioned to the State under this section for such fiscal year; or
$5,000,000.
Applicability of Title 23.—
Funds made available to carry out this section shall be available for obligation in the same manner as if such funds were apportioned under chapter 1 of title 23, United States Code; except that, subject to subsection (e), such funds shall not be transferable and shall remain available until expended, and the Federal share of the cost of a project under this section shall be determined in accordance with section 120 of such title.
Definitions.—
In this section, the following definitions apply:
Border region.—
The term ‘border region’ means any portion of a border State within 100 miles of an international land border with Canada or Mexico.
Border state.—
The term ‘border State’ means any State that has an international land border with Canada or Mexico.
Commercial truck.—
The term ‘commercial truck’ means a commercial motor vehicle as defined in section 31301(4) (other than subparagraph (B)) of title 49, United States Code.
Motor vehicle.—
The term ‘motor vehicle’ has the meaning such term has under section 101(a) of title 23, United States Code.
State.—
The term ‘State’ has the meaning such term has in section 101(a) of such title 23.”
General Authority.—
The Secretary shall establish and implement a coordinated border infrastructure program under which the Secretary may make allocations to border States and metropolitan planning organizations for areas within the boundaries of 1 or more border States for projects to improve the safe movement of people and goods at or across the border between the United States and Canada and the border between the United States and Mexico.
Eligible Uses.—
Allocations to States and metropolitan planning organizations under this section may only be used in a border region for—
improvements to existing transportation and supporting infrastructure that facilitate cross-border vehicle and cargo movements;
construction of highways and related safety and safety enforcement facilities that will facilitate vehicle and cargo movements related to international trade;
operational improvements, including improvements relating to electronic data interchange and use of telecommunications, to expedite cross border vehicle and cargo movement;
modifications to regulatory procedures to expedite cross border vehicle and cargo movements;
international coordination of planning, programming, and border operation with Canada and Mexico relating to expediting cross border vehicle and cargo movements; and
activities of Federal inspection agencies.
Selection Criteria.—
The Secretary shall make allocations under this section on the basis of—
expected reduction in commercial and other motor vehicle travel time through an international border crossing as a result of the project;
improvements in vehicle and highway safety and cargo security related to motor vehicles crossing a border with Canada or Mexico;
strategies to increase the use of existing, underutilized border crossing facilities and approaches;
leveraging of Federal funds provided under this section, including use of innovative financing, combination of such funds with funding provided under other sections of this Act [see Tables for classification], and combination with other sources of Federal, State, local, or private funding;
degree of multinational involvement in the project and demonstrated coordination with other Federal agencies responsible for the inspection of vehicles, cargo, and persons crossing international borders and their counterpart agencies in Canada and Mexico;
improvements in vehicle and highway safety and cargo security in and through the gateway or affected port of entry concerned;
the degree of demonstrated coordination with Federal inspection agencies;
the extent to which the innovative and problem solving techniques of the proposed project would be applicable to other border stations or ports of entry;
demonstrated local commitment to implement and sustain continuing comprehensive border or affected port of entry planning processes and improvement programs; and
such other factors as the Secretary determines are appropriate to promote border transportation efficiency and safety.
Construction of Transportation Infrastructure for Law Enforcement Purposes.—
At the request of the Administrator of General Services, in consultation with the Attorney General, the Secretary may transfer, during the period of fiscal years 1998 through 2001, not more than $10,000,000 of the amounts made available by section 1101 [set out in part as a note below] to carry out this section and section 1118 [set out above] to the Administrator of General Services for the construction of transportation infrastructure necessary for law enforcement in border States.
Definitions.—
In this section, the following definitions apply:
Border region.—
The term ‘border region’ means the portion of a border State in the vicinity of an international border with Canada or Mexico.
Border state.—
The term ‘border State’ means any State that has a boundary in common with Canada or Mexico.”
Highway Economic Requirement System
Methodology.—
Evaluation.—
The Comptroller General of the United States shall conduct an evaluation of the methodology used by the Department of Transportation to determine highway needs using the highway economic requirement system (in this subsection referred to as the ‘model’).
Required element.—
The evaluation shall include an assessment of the extent to which the model estimates an optimal level of highway infrastructure investment, including an assessment as to when the model may be overestimating or underestimating investment requirements.
Report to congress.—
Not later than 2 years after the date of enactment of this Act [
State investment plans.—
Study.—
In consultation with State transportation departments and other appropriate State and local officials, the Comptroller General of the United States shall conduct a study on the extent to which the model can be used to provide States with useful information for developing State transportation investment plans and State infrastructure investment projections.
Required elements.—
The study shall—
identify any additional data that may need to be collected beyond the data submitted, before the date of enactment of this Act, to the Federal Highway Administration through the highway performance monitoring system; and
identify what additional work, if any, would be required of the Federal Highway Administration and the States to make the model useful at the State level.
Report to congress.—
Not later than 3 years after the date of enactment of this Act, the Comptroller General shall submit to Congress a report on the results of the study.”
Southwest Border Transportation Infrastructure
Assessment.—
The Secretary shall conduct a comprehensive assessment of the state of the transportation infrastructure on the southwest border between the United States and Mexico (in this subsection referred to as the ‘border’).
Consultation.—
In carrying out the assessment, the Secretary shall consult with—
the Secretary of State;
the Attorney General;
the Secretary of the Treasury;
the Commandant of the Coast Guard;
the Administrator of General Services;
the American Commissioner on the International Boundary Commission, United States and Mexico;
State agencies responsible for transportation and law enforcement in border States; and
municipal governments and transportation authorities in sister cities in the border area.
Requirements.—
In carrying out the assessment, the Secretary shall—
assess the flow of commercial and private traffic through designated ports of entry on the border;
assess the adequacy of transportation infrastructure in the border area, including highways, bridges, railway lines, and border inspection facilities;
assess the adequacy of law enforcement and narcotics abatement activities in the border area, as the activities relate to commercial and private traffic and infrastructure;
assess future demands on transportation infrastructure in the border area; and
make recommendations to facilitate legitimate cross-border traffic in the border area, while maintaining the integrity of the border.
Report.—
Not later than 1 year after the date of enactment of this Act [
Transportation, Community, and System Preservation Program
Establishment.—
In cooperation with appropriate State, tribal, regional, and local governments, the Secretary [of Transportation] shall establish a comprehensive program to address the relationships among transportation, community, and system preservation plans and practices and identify private sector-based initiatives to improve such relationships.
Purpose.—
Through the program under this section, the Secretary [of Transportation] shall facilitate the planning, development, and implementation of strategies to integrate transportation, community, and system preservation plans and practices that address one or more of the following:
Improve the efficiency of the transportation system of the United States.
Reduce the impacts of transportation on the environment.
Reduce the need for costly future investments in public infrastructure.
Provide efficient access to jobs, services, and centers of trade.
Examine community development patterns and identify strategies to encourage private sector development that achieves the purposes identified in paragraphs (1) through (4).
General Authority.—
The Secretary [of Transportation] shall allocate funds made available to carry out this section to States, metropolitan planning organizations, local governments, and tribal governments to carry out eligible projects to integrate transportation, community, and system preservation plans and practices.
Eligibility.—
A project described in subsection (c) is an eligible project under this section if the project—
is eligible for assistance under title 23 or chapter 53 of title 49, United States Code; or
is to conduct any other activity relating to transportation, community, and system preservation that the Secretary [of Transportation] determines to be appropriate, including corridor preservation activities that are necessary to implement one or more of the following:
Transit-oriented development plans.
Traffic calming measures.
Other coordinated transportation, community, and system preservation practices.
Criteria.—
In allocating funds made available to carry out this section, the Secretary [of Transportation] shall give priority consideration to applicants that—
have instituted preservation or development plans and programs that—
are coordinated with State and local preservation or development plans, including transit-oriented development plans;
promote cost-effective and strategic investments in transportation infrastructure that minimize adverse impacts on the environment; or
promote innovative private sector strategies;
have instituted other policies to integrate transportation, community, and system preservation practices, such as—
spending policies that direct funds to high-growth areas;
urban growth boundaries to guide metropolitan expansion;
‘green corridors’ programs that provide access to major highway corridors for areas targeted for efficient and compact development; or
other similar programs or policies as determined by the Secretary;
have preservation or development policies that include a mechanism for reducing potential impacts of transportation activities on the environment;
demonstrate a commitment to public and private involvement, including the involvement of nontraditional partners in the project team; and
examine ways to encourage private sector investments that address the purposes of this section.
Equitable Distribution.—
In allocating funds to carry out this section, the Secretary [of Transportation] shall ensure the equitable distribution of funds to a diversity of populations and geographic regions.
Funding.—
In general.—
There is authorized to be appropriated from the Highway Trust Fund (other than the Mass Transit Account) to carry out this section $25,000,000 for fiscal year 2005 and $61,250,000 for each of fiscal years 2006 through 2009.
Contract authority.—
Funds made available to carry out this section shall be available for obligation in the same manner as if the funds were apportioned under chapter 1 of title 23, United States Code; except that such funds shall not be transferable, and the Federal share for projects and activities carried out with such funds shall be determined in accordance with section 120(b) of title 23, United States Code.”
Transportation Assistance for Olympic Cities
Purpose.—
The purpose of this section is to authorize the provision of assistance for, and support of, State and local efforts concerning surface transportation issues necessary to obtain the national recognition and economic benefits of participation in the International Olympic movement, the International Paralympic movement, and the Special Olympics International movement by hosting international quadrennial Olympic and Paralympic events, and Special Olympics International events, in the United States.
Priority for Transportation Projects Relating to Olympic, Paralympic, and Special Olympic Events.—
Notwithstanding any other provision of law, from funds available to carry out [former] sections 118(c) and 144(g)(1) of title 23, United States Code, the Secretary may give priority to funding for a transportation project relating to an international quadrennial Olympic or Paralympic event, or a Special Olympics International event, if—
the project meets the extraordinary needs associated with an international quadrennial Olympic or Paralympic event or a Special Olympics International event; and
the project is otherwise eligible for assistance under [former] sections 118(c) and 144(g)(1) of such title.
Transportation Planning Activities.—
The Secretary may participate in—
planning activities of States and metropolitan planning organizations and transportation projects relating to an international quadrennial Olympic or Paralympic event, or a Special Olympics International event, under sections 134 and 135 of title 23, United States Code; and
developing intermodal transportation plans necessary for the projects in coordination with State and local transportation agencies.
Funding.—
Notwithstanding section 5001(a) [112 Stat. 419], from funds made available under such section, the Secretary may provide assistance for the development of an Olympic, a Paralympic, and a Special Olympics transportation management plan in cooperation with an Olympic Organizing Committee responsible for hosting, and State and local communities affected by, an international quadrennial Olympic or Paralympic event or a Special Olympics International event.
Transportation Projects Relating to Olympic, Paralympic, and Special Olympic Events.—
In general.—
The Secretary may provide assistance, including planning, capital, and operating assistance, to States and local governments in carrying out transportation projects relating to an international quadrennial Olympic or Paralympic event or a Special Olympics International event.
Federal share.—
The Federal share of the cost of a project assisted under this subsection shall not exceed 80 percent.
Eligible Governments.—
A State or local government shall be eligible to receive assistance under this section only if the government is hosting a venue that is part of an international quadrennial Olympics that is officially selected by the International Olympic Committee or Special Olympics International.
Authorization of Appropriations.—
There are authorized to be appropriated from the Highway Trust Fund (other than the Mass Transit Account) to carry out this section such sums as are necessary for each of fiscal years 1998 through 2003.”
Discretionary Grant Selection Criteria and Process
Establishment of Criteria.—
The Secretary shall establish criteria for all discretionary programs funded from the Highway Trust Fund (other than the Mass Transit Account). To the extent practicable, such criteria shall conform to the Executive Order No. 12893 [31 U.S.C. 501 note] (relating to infrastructure investment).
Selection Process.—
Limitation on acceptance of applications.—
Before accepting applications for grants under any discretionary program for which funds are authorized to be appropriated from the Highway Trust Fund (other than the Mass Transit Account) by this Act [see Tables for classification] (including the amendments made by this Act), the Secretary shall publish the criteria established under subsection (a). Such publication shall identify all statutory criteria and any criteria established by regulation that will apply to the program.
Explanation.—
Not less often than quarterly, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a list of the projects selected under discretionary programs funded from the Highway Trust Fund (other than the Mass Transit Account) and an explanation of how the projects were selected based on the criteria established under subsection (a).
Minimum Covered Programs.—
At a minimum, the criteria established under subsection (a) and the selection process established by subsection (b) shall apply to the following programs:
The intelligent transportation system deployment program under title V [see Tables for classification].
The national corridor planning and development program.
The coordinated border infrastructure and safety program.
The construction of ferry boats and ferry terminal facilities.
The national scenic byways program.
The Interstate discretionary program.
The discretionary bridge program.”
Compliance With Buy American Act
Disadvantaged Business Enterprises
Findings.—
Congress finds that—
while significant progress has occurred due to the establishment of the disadvantaged business enterprise program, discrimination and related barriers continue to pose significant obstacles for minority- and women-owned businesses seeking to do business in federally assisted surface transportation markets across the United States;
the continuing barriers described in subparagraph (A) merit the continuation of the disadvantaged business enterprise program;
Congress has received and reviewed testimony and documentation of race and gender discrimination from numerous sources, including congressional hearings and roundtables, scientific reports, reports issued by public and private agencies, news stories, reports of discrimination by organizations and individuals, and discrimination lawsuits, which show that race- and gender-neutral efforts alone are insufficient to address the problem;
the testimony and documentation described in subparagraph (C) demonstrate that discrimination across the United States poses a barrier to full and fair participation in surface transportation-related businesses of women business owners and minority business owners and has impacted firm development and many aspects of surface transportation-related business in the public and private markets; and
the testimony and documentation described in subparagraph (C) provide a strong basis that there is a compelling need for the continuation of the disadvantaged business enterprise program to address race and gender discrimination in surface transportation-related business.
Definitions.—
In this subsection, the following definitions apply:
Small business concern.—
In general.—
The term ‘small business concern’ means a small business concern (as the term is used in section 3 of the Small Business Act (15 U.S.C. 632)).
Exclusions.—
The term ‘small business concern’ does not include any concern or group of concerns controlled by the same socially and economically disadvantaged individual or individuals that have average annual gross receipts during the preceding 3 fiscal years in excess of $23,980,000, as adjusted annually by the Secretary [of Transportation] for inflation.
Socially and economically disadvantaged individuals.—
The term ‘socially and economically disadvantaged individuals’ has the meaning given the term in section 8(d) of the Small Business Act (15 U.S.C. 637(d)) and relevant subcontracting regulations issued pursuant to that Act [15 U.S.C. 631 et seq.], except that women shall be presumed to be socially and economically disadvantaged individuals for purposes of this subsection.
Amounts for small business concerns.—
Except to the extent that the Secretary determines otherwise, not less than 10 percent of the amounts made available for any program under titles I, II, III, and VI of this Act [div. A of Pub. L. 114–94, see Tables for classification] and section 403 of title 23, United States Code, shall be expended through small business concerns owned and controlled by socially and economically disadvantaged individuals.
Annual listing of disadvantaged business enterprises.—
Each State shall annually—
survey and compile a list of the small business concerns referred to in paragraph (3) in the State, including the location of the small business concerns in the State; and
notify the Secretary, in writing, of the percentage of the small business concerns that are controlled by—
women;
socially and economically disadvantaged individuals (other than women); and
individuals who are women and are otherwise socially and economically disadvantaged individuals.
Uniform certification.—
In general.—
The Secretary shall establish minimum uniform criteria for use by State governments in certifying whether a concern qualifies as a small business concern for the purpose of this subsection.
Inclusions.—
The minimum uniform criteria established under subparagraph (A) shall include, with respect to a potential small business concern—
on-site visits;
personal interviews with personnel;
issuance or inspection of licenses;
analyses of stock ownership;
listings of equipment;
analyses of bonding capacity;
listings of work completed;
examination of the resumes of principal owners;
analyses of financial capacity; and
analyses of the type of work preferred.
Reporting.—
The Secretary [of Transportation] shall establish minimum requirements for use by State governments in reporting to the Secretary—
information concerning disadvantaged business enterprise awards, commitments, and achievements; and
such other information as the Secretary determines to be appropriate for the proper monitoring of the disadvantaged business enterprise program.
Compliance with court orders.—
Nothing in this subsection limits the eligibility of an individual or entity to receive funds made available under titles I, II, III, and VI of this Act [div. A of Pub. L. 114–94, see Tables for classification] and section 403 of title 23, United States Code, if the entity or person is prevented, in whole or in part, from complying with paragraph (3) because a Federal court issues a final order in which the court finds that a requirement or the implementation of paragraph (3) is unconstitutional.
Sense of congress on prompt payment of dbe subcontractors.—
It is the sense of Congress that—
the Secretary should take additional steps to ensure that recipients comply with section 26.29 of title 49, Code of Federal Regulations (the disadvantaged business enterprises prompt payment rule), or any corresponding regulation, in awarding federally funded transportation contracts under laws and regulations administered by the Secretary; and
such additional steps should include increasing the Department’s ability to track and keep records of complaints and to make that information publicly available.”
Highway Use Tax Evasion Projects
Scenic Byways Program
Scenic Byways Advisory Committee.—
Establishment.—
Not later than 180 days after the date of the enactment of this Act [
Membership.—
The advisory committee established under this section shall be composed of 17 members as follows:
The Administrator of the Federal Highway Administration or the designee of the Administrator who shall serve as chairman of the advisory committee.
The Chief of the Forest Service of the Department of Agriculture or the designee of the Chief.
The Director of the National Park Service of the Department of the Interior or the designee of the Director.
The Director of the Bureau of Land Management of the Department of the Interior or the designee of the Director.
The Under Secretary for Travel and Tourism of the Department of Commerce or the designee of the Under Secretary.
The Assistant Secretary for Indian Affairs of the Department of the Interior or the designee of the Assistant Secretary.
1 individual appointed by the Secretary who is specially qualified to represent the interests of conservationists on the advisory committee.
1 individual appointed by the Secretary of Transportation who is specially qualified to represent the interests of recreational users of scenic byways on the advisory committee.
1 individual appointed by the Secretary who is specially qualified to represent the interests of the tourism industry on the advisory committee.
1 individual appointed by the Secretary who is specially qualified to represent the interests of historic preservationists on the advisory committee.
1 individual appointed by the Secretary who is specially qualified to represent the interests of highway users on the advisory committee.
1 individual appointed by the Secretary to represent State highway and transportation officials.
1 individual appointed by the Secretary to represent local highway and transportation officials.
1 individual appointed by the Secretary who is specially qualified to serve on the advisory committee as a planner.
1 individual appointed by the Secretary who is specially qualified to represent the motoring public.
1 individual appointed by the Secretary who is specially qualified to represent groups interested in scenic preservation.
1 individual appointed by the Secretary who represents the outdoor advertising industry.
Individuals appointed as members of the advisory committee under subparagraphs (G) through (P) may be State and local government officials. Members shall serve without compensation other than for reasonable expenses incident to functions of the advisory committee.
Functions.—
The advisory committee established under this subsection shall develop and make to the Secretary recommendations regarding minimum criteria for use by State and Federal agencies in designating highways as scenic byways and as all-American roads for purposes of a national scenic byways program to be established under title 23, United States Code. Such recommendations shall include recommendations on the following:
Consideration of the scenic beauty and historic significance of highways proposed for designation as scenic byways and all-American roads and the areas surrounding such highways.
Operation and management standards for highways designated as scenic byways and all-American roads, including strategies for maintaining or improving the qualities for which a highway is designated as a scenic byway or all-American road, for protecting and enhancing the landscape and view corridors surrounding such a highway, and for minimizing traffic congestion on such a highway.
Standards for scenic byway-related signs, including those which identify highways as scenic byways and all-American roads.
The advisability of uniform signs identifying highways as components of the scenic byway system.
Standards for maintaining highway safety on the scenic byway system.
Design review procedures for location of highway facilities, landscaping, and travelers’ facilities on the scenic byway system.
Procedures for reviewing and terminating the designation of a highway designated as a scenic byway.
Such other matters as the advisory committee may deem appropriate.
Such other matters for which the Secretary may request recommendations.
Report.—
Not later than 18 months after the date of the enactment of this Act [
Technical and Financial Assistance.—
The Secretary shall provide technical assistance to the States (as such term is defined under section 101 of title 23, United States Code) and shall make grants to the States for the planning, design, and development of State scenic byway programs.
Federal Share.—
The Federal share payable for the costs of planning, design, and development of State scenic byway programs under this section shall be 80 percent.
Funding.—
There shall be available to the Secretary for carrying out this section (other than subsection (f)), out of the Highway Trust Fund (other than the Mass Transit Account), $1,000,000 for fiscal year 1992, $3,000,000 for fiscal year 1993, $4,000,000 for fiscal year 1994, $14,000,000 for each of the fiscal years 1995, 1996, and 1997, and $7,000,000 for the period of
Contract Authority.—
Notwithstanding any other provision of law, approval by the Secretary of a grant under this section shall be deemed a contractual obligation of the United States for payment of the Federal share of the cost of activities for which the grant is being made.
Interim Scenic Byways Program.—
Grant program.—
During fiscal years 1992, 1993, and 1994, the Secretary may make grants to any State which has a scenic highway program for carrying out eligible projects on highways which the State has designated as scenic byways.
Priority projects.—
In making grants under paragraph (1), the Secretary shall give priority to—
those eligible projects which are included in a corridor management plan for maintaining scenic, historic, recreational, cultural, and archeological characteristics of the corridor while providing for accommodation of increased tourism and development of related amenities;
those eligible projects for which a strong local commitment is demonstrated for implementing the management plans and protecting the characteristics for which the highway is likely to be designated as a scenic byway;
those eligible projects which are included in programs which can serve as models for other States to follow when establishing and designing scenic byways on an intrastate or interstate basis; and
those eligible projects in multi-State corridors where the States submit joint applications.
Eligible projects.—
The following are projects which are eligible for Federal assistance under this subsection:
Planning, design, and development of State scenic byway programs.
Making safety improvements to a highway designated as a scenic byway under this subsection to the extent such improvements are necessary to accommodate increased traffic, and changes in the types of vehicles using the highway, due to such designation.
Construction along the highway of facilities for the use of pedestrians and bicyclists, rest areas, turnouts, highway shoulder improvements, passing lanes, overlooks, and interpretive facilities.
Improvements to the highway which will enhance access to an area for the purpose of recreation, including water-related recreation.
Protecting historical and cultural resources in areas adjacent to the highway.
Developing and providing tourist information to the public, including interpretive information about the scenic byway.
Federal share.—
The Federal share payable for the costs of carrying out projects and developing programs under this subsection with funds made available pursuant to this subsection shall be 80 percent.
Funding.—
There shall be available to the Secretary for carrying out this subsection, out of the Highway Trust Fund (other than the Mass Transit Account), $10,000,000 for fiscal year 1992, $10,000,000 for fiscal year 1993, and $10,000,000 for fiscal year 1994. Such sums shall remain available until expended.
Limitation.—
The Secretary shall not make a grant under this section for any project which would not protect the scenic, historic, recreational, cultural, natural, and archeological integrity of the highway and adjacent area. The Secretary may not use more than 10 percent of the funds authorized for each fiscal year under subsection (f)(5) for removal of any outdoor advertising sign, display, or device.
Treatment of Scenic Highways in Oregon.—
For purposes of this section, a highway designated as a scenic highway in the State of Oregon shall be treated as a scenic byway.”
Commemoration of Dwight D. Eisenhower System of Interstate and Defense Highways
Study.—
The Secretary shall conduct a study to determine an appropriate symbol or emblem to be placed on highway signs referring to the Interstate System to commemorate the vision of President Dwight D. Eisenhower in creating the Dwight D. Eisenhower National System of Interstate and Defense Highways [now Dwight D. Eisenhower System of Interstate and Defense Highways].
Report.—
Not later than 1 year after the date of the enactment of this Act [
Designation of National System of Interstate and Defense Highways as The Dwight D. Eisenhower System of Interstate and Defense Highways
notwithstanding any other provision of law, The National System of Interstate and Defense Highways shall be redesignated as ‘The Dwight D. Eisenhower System of Interstate and Defense Highways’; and
any reference before the date of enactment of this Act [
Signs Identifying Funding Sources
Eligibility for Federal-Aid Highway Funds of Projects Involving Improvements in Vicinity of Interchanges Necessary To Upgrade Safety of Primary Routes Not on Common Alignment With Interstate Route
Study of Future Transportation Professional Manpower Needs; Report
Change in Location of Interstate Segments
Notwithstanding the provisions of section 4(b) of the Federal-Aid Highway Act of 1981 [section 4(b) of Pub. L. 97–134, which amended section 108(b) of the Federal-Aid Highway Act of 1956, set out as a note under this section] the Secretary of Transportation may approve a change in location of any Interstate route or segment and approve, in lieu thereof, the construction of such Interstate route or segment on a new location if the original location of such route or segment meets the following criteria: (1) it has been designated under [former] section 103(e) of title 23, United States Code; (2) it is serving Interstate travel as of the date of enactment of this section [
Where the Secretary of Transportation approves a relocation of an Interstate route or segment under the provisions of subsection (a) of this section, such route or segment shall not be eligible for withdrawal under the provisions of [former] section 103(e)(4) of title 23, United States Code, and shall be subject to the Interstate System completion deadlines provided in subsections (d) and (e) of section 107 of the Surface Transportation Assistance Act of 1978 [Pub. L. 95–599, formerly set out as notes under section 103 of this title] or subject to Interstate System completion deadlines as may be determined by Congress.
Notwithstanding any other provision of this section or of any other provision of law, any project involving the relocation of any Interstate route or segment that is approved by the Secretary of Transportation under subsection (a) shall be eligible for discretionary funds made available under [former] section 118(b)(2)(B) of title 23, United States Code.”
Buy America
Use of Articles Mined or Manufactured in United States
Intercity Portions of Interstate System; Construction of Projects; Report to Congress; Exemption
Interstate System; Prohibition of Obligation of Funds for Resurfacing, Restoration, or Rehabilitation Projects
Interstate Funding Study; Report and Recommendations to Congress
Study of Highway Needs To Solve Energy Problems; Investigation and Study; Report to Congress
National Transportation Policy Study Commission; Establishment; Termination; Etc.
Consent of Governing Body for Expenditure of Funds
Carpool Demonstration Projects in Urban Areas; Appropriations Authorization
Emergency Highway Energy Conservation
Short title]. That this Act be cited as the ‘Emergency Highway Energy Conservation Act’.
[Repealed. Pub. L. 93–643, § 114(c), Jan. 4, 1975, 88 Stat. 2086.]
Future Highway Needs: Reports to Congress
The Secretary of Transportation shall develop and include in the report of Congress required to be submitted in January 1972, by section 3 of the Act of August 28, 1965 (79 Stat. 578; Public Law 89–139) [set out below], specific recommendations for the functional realinement of the Federal-aid systems. These recommendations shall be based on the functional classification study made in cooperation with the State highway departments and local governments as required by the Federal-Aid Highway Act of 1968 [see section 17 of Pub. L. 90–495, set out as a note below] and submitted to the Congress in 1970, and the functional classification study now underway of the Federal-aid systems in 1990.
As a part of the future highway needs report to be submitted to Congress in January 1972, the Secretary shall also make recommendations to the Congress for a continuing Federal-aid highway program for the period 1976 to 1990. The needs estimates to be used in developing such programs shall be in conformance with the functional classification studies referred to in subsection (a) of this section and the recommendations for the functional realinement required by such subsection.
The recommendations required by subsections (a) and (b) of this section shall be determined on the basis of studies now being conducted by the Secretary in cooperation with the State highway departments and local governments, and, in urban areas of more than fifty thousand population, utilizing the cooperative continuing comprehensive transportation planning process conducted in accordance with section 134 of title 23, United States Code. The highway needs estimates prepared by the States in connection with this report to Congress shall be submitted to Congress by the Secretary, together with his recommendations.
As a part of the future highway needs report to be submitted to Congress on January 1972, the Secretary shall report to Congress the Federal-aid urban system as designated, and the cost of its construction.”
Studies of Need for and Survey of Highway Construction Programs for Guam, American Samoa, and the Virgin Islands
Report and Recommendations of Secretary of Commerce
Section 108(b) of the Federal-Aid Highway Act of 1956
Definitions of “Department”, “Interstate System”, “Secretary”, and “State” for Purposes of Certain Acts
Department.—
The term ‘Department’ means the Department of Transportation.
Secretary.—
The term ‘Secretary’ means the Secretary of Transportation.”
Department.—
The term ‘Department’ means the Department of Transportation.
Secretary.—
The term ‘Secretary’ means the Secretary of Transportation.”
Department.—
The term ‘Department’ means the Department of Transportation.
Secretary.—
The term ‘Secretary’ means the Secretary of Transportation.”
Interstate system.—
The term ‘Interstate System’ has the meaning such term has under section 101 of title 23, United States Code.
Secretary.—
The term ‘Secretary’ means the Secretary of Transportation.”