Public Law 117–58

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PUBLIC LAW 117–58

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PUBLIC LAW 117–58—NOV. 15, 2021

135 STAT. 429

Public Law 117–58
117th Congress
An Act
To authorize funds for Federal-aid highways, highway safety programs, and transit
programs, and for other purposes.

Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

(a) SHORT TITLE.—This Act may be cited as the ‘‘Infrastructure
Investment and Jobs Act’’.
(b) TABLE OF CONTENTS.—The table of contents for this Act
is as follows:

Nov. 15, 2021
[H.R. 3684]
Infrastructure
Investment and
Jobs Act.
23 USC 101 note.

Sec. 1. Short title; table of contents.
Sec. 2. References.
DIVISION A—SURFACE TRANSPORTATION
Sec. 10001. Short title.
Sec. 10002. Definitions.
Sec. 10003. Effective date.
TITLE I—FEDERAL-AID HIGHWAYS

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Subtitle A—Authorizations and Programs
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11101.
11102.
11103.
11104.
11105.
11106.
11107.
11108.
11109.
11110.
11111.
11112.
11113.
11114.
11115.
11116.
11117.
11118.
11119.
11120.
11121.
11122.
11123.
11124.
11125.
11126.
11127.
11128.
11129.
11130.

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Authorization of appropriations.
Obligation ceiling.
Definitions.
Apportionment.
National highway performance program.
Emergency relief.
Federal share payable.
Railway-highway grade crossings.
Surface transportation block grant program.
Nationally significant freight and highway projects.
Highway safety improvement program.
Federal lands transportation program.
Federal lands access program.
National highway freight program.
Congestion mitigation and air quality improvement program.
Alaska Highway.
Toll roads, bridges, tunnels, and ferries.
Bridge investment program.
Safe routes to school.
Highway use tax evasion projects.
Construction of ferry boats and ferry terminal facilities.
Vulnerable road user research.
Wildlife crossing safety.
Consolidation of programs.
GAO report.
Territorial and Puerto Rico highway program.
Nationally significant Federal lands and Tribal projects program.
Tribal high priority projects program.
Standards.
Public transportation.

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135 STAT. 430

PUBLIC LAW 117–58—NOV. 15, 2021

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11131.
11132.
11133.
11134.
11135.

Reservation of certain funds.
Rural surface transportation grant program.
Bicycle transportation and pedestrian walkways.
Recreational trails program.
Updates to Manual on Uniform Traffic Control Devices.

Sec.
Sec.
Sec.
Sec.
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11201.
11202.
11203.
11204.
11205.
11206.

Subtitle B—Planning and Performance Management
Transportation planning.
Fiscal constraint on long-range transportation plans.
State human capital plans.
Prioritization process pilot program.
Travel demand data and modeling.
Increasing safe and accessible transportation options.

Sec.
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11301.
11302.
11303.
11304.
11305.
11306.
11307.
11308.
11309.
11310.
11311.

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Subtitle C—Project Delivery and Process Improvement
Codification of One Federal Decision.
Work zone process reviews.
Transportation management plans.
Intelligent transportation systems.
Alternative contracting methods.
Flexibility for projects.
Improved Federal-State stewardship and oversight agreements.
Geomatic data.
Evaluation of projects within an operational right-of-way.
Preliminary engineering.
Efficient implementation of NEPA for Federal land management
projects.
11312. National Environmental Policy Act of 1969 reporting program.
11313. Surface transportation project delivery program written agreements.
11314. State assumption of responsibility for categorical exclusions.
11315. Early utility relocation prior to transportation project environmental
review.
11316. Streamlining of section 4(f) reviews.
11317. Categorical exclusion for projects of limited Federal assistance.
11318. Certain gathering lines located on Federal land and Indian land.
11319. Annual report.

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Subtitle D—Climate Change
Grants for charging and fueling infrastructure.
Reduction of truck emissions at port facilities.
Carbon reduction program.
Congestion relief program.
Promoting Resilient Operations for Transformative, Efficient, and Costsaving Transportation (PROTECT) program.
Sec. 11406. Healthy Streets program.
Sec.
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11401.
11402.
11403.
11404.
11405.

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11501.
11502.
11503.
11504.
11505.
11506.
11507.
11508.

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Subtitle E—Miscellaneous
Additional deposits into Highway Trust Fund.
Stopping threats on pedestrians.
Transfer and sale of toll credits.
Study of impacts on roads from self-driving vehicles.
Disaster relief mobilization study.
Appalachian Regional Commission.
Denali Commission.
Requirements for transportation projects carried out through public-private partnerships.
11509. Reconnecting communities pilot program.
11510. Cybersecurity tool; cyber coordinator.
11511. Report on emerging alternative fuel vehicles and infrastructure.
11512. Nonhighway recreational fuel study.
11513. Buy America.
11514. High priority corridors on the National Highway System.
11515. Interstate weight limits.
11516. Report on air quality improvements.
11517. Roadside highway safety hardware.
11518. Permeable pavements study.
11519. Emergency relief projects.
11520. Study on stormwater best management practices.
11521. Stormwater best management practices reports.
11522. Invasive plant elimination program.
11523. Over-the-road bus tolling equity.

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PUBLIC LAW 117–58—NOV. 15, 2021
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11524.
11525.
11526.
11527.
11528.
11529.
11530.

135 STAT. 431

Bridge terminology.
Technical corrections.
Working group on covered resources.
Blood transport vehicles.
Pollinator-friendly practices on roadsides and highway rights-of-way.
Active transportation infrastructure investment program.
Highway cost allocation study.

TITLE II—TRANSPORTATION INFRASTRUCTURE FINANCE AND
INNOVATION
Sec. 12001. Transportation Infrastructure Finance and Innovation Act of 1998
amendments.
Sec. 12002. Federal requirements for TIFIA eligibility and project selection.
Sec.
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TITLE III—RESEARCH, TECHNOLOGY, AND EDUCATION
13001. Strategic innovation for revenue collection.
13002. National motor vehicle per-mile user fee pilot.
13003. Performance management data support program.
13004. Data integration pilot program.
13005. Emerging technology research pilot program.
13006. Research and technology development and deployment.
13007. Workforce development, training, and education.
13008. Wildlife-vehicle collision research.
13009. Transportation Resilience and Adaptation Centers of Excellence.
13010. Transportation access pilot program.

Sec.
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14001.
14002.
14003.
14004.
14005.
14006.
14007.
14008.
14009.

TITLE IV—INDIAN AFFAIRS
Definition of Secretary.
Environmental reviews for certain tribal transportation facilities.
Programmatic agreements for tribal categorical exclusions.
Use of certain tribal transportation funds.
Bureau of Indian Affairs road maintenance program.
Study of road maintenance on Indian land.
Maintenance of certain Indian reservation roads.
Tribal transportation safety needs.
Office of Tribal Government Affairs.

DIVISION B—SURFACE TRANSPORTATION INVESTMENT ACT OF 2021
Sec. 20001. Short title.
Sec. 20002. Definitions.
TITLE I—MULTIMODAL AND FREIGHT TRANSPORTATION
Sec.
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21101.
21102.
21103.
21104.
21105.
21106.
21107.

Subtitle A—Multimodal Freight Policy
Office of Multimodal Freight Infrastructure and Policy.
Updates to National Freight Plan.
State collaboration with National Multimodal Freight Network.
Improving State freight plans.
Implementation of National Multimodal Freight Network.
Multi-State freight corridor planning.
State freight advisory committees.

Sec.
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21201.
21202.
21203.
21204.
21205.

Subtitle B—Multimodal Investment
National infrastructure project assistance.
Local and regional project assistance.
National culvert removal, replacement, and restoration grant program.
National multimodal cooperative freight research program.
Rural and Tribal infrastructure advancement.

Subtitle C—Railroad Rehabilitation and Improvement Financing Reforms
Sec. 21301. RRIF codification and reforms.
Sec. 21302. Substantive criteria and standards.
Sec. 21303. Semiannual report on transit-oriented development eligibility.
TITLE II—RAIL
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Sec. 22001. Short title.
Subtitle A—Authorization of Appropriations
Sec. 22101. Grants to Amtrak.

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22102.
22103.
22104.
22105.
22106.
22107.

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22201.
22202.
22203.
22204.

Federal Railroad Administration.
Consolidated rail infrastructure and safety improvements grants.
Railroad crossing elimination program.
Restoration and enhancement grants.
Federal-State partnership for intercity passenger rail grants.
Amtrak Office of Inspector General.

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Subtitle B—Amtrak Reforms
Amtrak findings, mission, and goals.
Composition of Amtrak’s Board of Directors.
Station agents.
Increasing oversight of changes to Amtrak long-distance routes and
other intercity services.
22205. Improved oversight of Amtrak accounting.
22206. Improved oversight of Amtrak spending.
22207. Increasing service line and asset line plan transparency.
22208. Passenger experience enhancement.
22209. Amtrak smoking policy.
22210. Protecting Amtrak routes through rural communities.
22211. State-Supported Route Committee.
22212. Enhancing cross border service.
22213. Creating quality jobs.
22214. Amtrak daily long-distance service study.

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22301.
22302.
22303.
22304.
22305.
22306.
22307.
22308.
22309.

Subtitle C—Intercity Passenger Rail Policy
Northeast Corridor planning.
Northeast Corridor Commission.
Consolidated rail infrastructure and safety improvements.
Restoration and enhancement grants.
Railroad crossing elimination program.
Interstate rail compacts.
Federal-State partnership for intercity passenger rail grants.
Corridor identification and development program.
Surface Transportation Board passenger rail program.

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Subtitle D—Rail Safety
Railway-highway crossings program evaluation.
Grade crossing accident prediction model.
Periodic updates to highway-rail crossing reports and plans.
Blocked crossing portal.
Data accessibility.
Emergency lighting.
Comprehensive rail safety review of Amtrak.
Completion of hours of service and fatigue studies.
Positive train control study.
Operating crew member training, qualification, and certification.
Transparency and safety.
Research and development.
Rail research and development center of excellence.
Quarterly report on positive train control system performance.
Speed limit action plans.
New passenger service pre-revenue safety validation plan.
Federal Railroad Administration accident and incident investigations.
Civil penalty enforcement authority.
Advancing safety and innovative technology.
Passenger rail vehicle occupant protection systems.
Federal Railroad Administration reporting requirements.
National Academies study on trains longer than 7,500 feet.
High-speed train noise emissions.
Critical incident stress plans.
Requirements for railroad freight cars placed into service in the United
States.
Sec. 22426. Railroad point of contact for public safety issues.
Sec. 22427. Controlled substances testing for mechanical employees.

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22401.
22402.
22403.
22404.
22405.
22406.
22407.
22408.
22409.
22410.
22411.
22412.
22413.
22414.
22415.
22416.
22417.
22418.
22419.
22420.
22421.
22422.
22423.
22424.
22425.

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23001.
23002.
23003.
23004.
23005.

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TITLE III—MOTOR CARRIER SAFETY
Authorization of appropriations.
Motor carrier safety advisory committee.
Combating human trafficking.
Immobilization grant program.
Commercial motor vehicle enforcement training and support.

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PUBLIC LAW 117–58—NOV. 15, 2021
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135 STAT. 433

23006.
23007.
23008.
23009.
23010.
23011.
23012.
23013.

Study of commercial motor vehicle crash causation.
Promoting women in the trucking workforce.
State inspection of passenger-carrying commercial motor vehicles.
Truck Leasing Task Force.
Automatic emergency braking.
Underride protection.
Providers of recreational activities.
Amendments to regulations relating to transportation of household
goods in interstate commerce.
23014. Improving Federal-State motor carrier safety enforcement coordination.
23015. Limousine research.
23016. National Consumer Complaint Database.
23017. Electronic logging device oversight.
23018. Transportation of agricultural commodities and farm supplies.
23019. Modification of restrictions on certain commercial driver’s licenses.
23020. Report on human trafficking violations involving commercial motor vehicles.
23021. Broker guidance relating to Federal motor carrier safety regulations.
23022. Apprenticeship pilot program.
23023. Limousine compliance with Federal safety standards.
TITLE IV—HIGHWAY AND MOTOR VEHICLE SAFETY

Sec.
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Subtitle A—Highway Traffic Safety
Authorization of appropriations.
Highway safety programs.
Highway safety research and development.
High-visibility enforcement programs.
National priority safety programs.
Multiple substance-impaired driving prevention.
Minimum penalties for repeat offenders for driving while intoxicated or
driving under the influence.
24108. Crash data.
24109. Review of Move Over or Slow Down Law public awareness.
24110. Review of laws, safety measures, and technologies relating to school
buses.
24111. Motorcyclist Advisory Council.
24112. Safe Streets and Roads for All grant program.
24113. Implementation of GAO recommendations.

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24201.
24202.
24203.
24204.
24205.
24206.
24207.
24208.
24209.
24210.
24211.
24212.
24213.
24214.
24215.
24216.
24217.
24218.
24219.
24220.
24221.
24222.

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25001.
25002.
25003.
25004.
25005.

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24101.
24102.
24103.
24104.
24105.
24106.
24107.

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Subtitle B—Vehicle Safety
Authorization of appropriations.
Recall completion.
Recall engagement.
Motor vehicle seat back safety standards.
Automatic shutoff.
Petitions by interested persons for standards and enforcement.
Child safety seat accessibility study.
Crash avoidance technology.
Reduction of driver distraction.
Rulemaking report.
Global harmonization.
Headlamps.
New Car Assessment Program.
Hood and bumper standards.
Emergency medical services and 9–1–1.
Early warning reporting.
Improved vehicle safety databases.
National Driver Register Advisory Committee repeal.
Research on connected vehicle technology.
Advanced impaired driving technology.
GAO report on crash dummies.
Child safety.
TITLE V—RESEARCH AND INNOVATION
Intelligent Transportation Systems Program Advisory Committee.
Smart Community Resource Center.
Federal support for local decisionmaking.
Bureau of Transportation Statistics.
Strengthening mobility and revolutionizing transportation grant program.

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135 STAT. 434
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PUBLIC LAW 117–58—NOV. 15, 2021
25006.
25007.
25008.
25009.
25010.

Electric vehicle working group.
Risk and system resilience.
Coordination on emerging transportation technology.
Interagency Infrastructure Permitting Improvement Center.
Rural opportunities to use transportation for economic success initiative.
25011. Safety data initiative.
25012. Advanced transportation research.
25013. Open research initiative.
25014. Transportation research and development 5-year strategic plan.
25015. Research planning modifications.
25016. Incorporation of Department of Transportation research.
25017. University transportation centers program.
25018. National travel and tourism infrastructure strategic plan.
25019. Local hiring preference for construction jobs.
25020. Transportation workforce development.
25021. Intermodal Transportation Advisory Board repeal.
25022. GAO cybersecurity recommendations.
25023. Volpe oversight.
25024. Modifications to grant program.
25025. Drug-impaired driving data collection.
25026. Report on marijuana research.
25027. GAO study on improving the efficiency of traffic systems.

TITLE VI—HAZARDOUS MATERIALS
Sec. 26001. Authorization of appropriations.
Sec. 26002. Assistance for local emergency response training grant program.
Sec. 26003. Real-time emergency response information.
Sec.
Sec.
Sec.
Sec.

27001.
27002.
27003.
27004.

TITLE VII—GENERAL PROVISIONS
Performance measurement, transparency, and accountability.
Coordination regarding forced labor.
Department of Transportation spectrum audit.
Study and reports on the travel and tourism activities of the Department.

TITLE VIII—SPORT FISH RESTORATION AND RECREATIONAL BOATING
SAFETY
Sec. 28001. Sport fish restoration and recreational boating safety.
Sec.
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30001.
30002.
30003.
30004.
30005.
30006.
30007.
30008.
30009.
30010.
30011.
30012.
30013.
30014.
30015.
30016.
30017.
30018.
30019.

DIVISION C—TRANSIT
Definitions.
Metropolitan transportation planning.
Statewide and nonmetropolitan transportation planning.
Planning programs.
Fixed guideway capital investment grants.
Formula grants for rural areas.
Public transportation innovation.
Bus testing facilities.
Transit-oriented development.
General provisions.
Public transportation emergency relief program.
Public transportation safety program.
Administrative provisions.
National transit database.
Apportionment of appropriations for formula grants.
State of good repair grants.
Authorizations.
Grants for buses and bus facilities.
Washington Metropolitan Area Transit Authority safety, accountability,
and investment.
DIVISION D—ENERGY

Sec. 40001. Definitions.

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TITLE I—GRID INFRASTRUCTURE AND RESILIENCY
Subtitle A—Grid Infrastructure Resilience and Reliability
Sec. 40101. Preventing outages and enhancing the resilience of the electric grid.
Sec. 40102. Hazard mitigation using disaster assistance.

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Sec. 40103. Electric grid reliability and resilience research, development, and demonstration.
Sec. 40104. Utility demand response.
Sec. 40105. Siting of interstate electric transmission facilities.
Sec. 40106. Transmission facilitation program.
Sec. 40107. Deployment of technologies to enhance grid flexibility.
Sec. 40108. State energy security plans.
Sec. 40109. State energy program.
Sec. 40110. Power marketing administration transmission borrowing authority.
Sec. 40111. Study of codes and standards for use of energy storage systems across
sectors.
Sec. 40112. Demonstration of electric vehicle battery second-life applications for
grid services.
Sec. 40113. Columbia Basin power management.
Subtitle B—Cybersecurity
Enhancing grid security through public-private partnerships.
Energy Cyber Sense program.
Incentives for advanced cybersecurity technology investment.
Rural and municipal utility advanced cybersecurity grant and technical
assistance program.
Sec. 40125. Enhanced grid security.
Sec. 40126. Cybersecurity plan.
Sec. 40127. Savings provision.
Sec.
Sec.
Sec.
Sec.

40121.
40122.
40123.
40124.

TITLE II—SUPPLY CHAINS FOR CLEAN ENERGY TECHNOLOGIES
40201. Earth Mapping Resources Initiative.
40202. National Cooperative Geologic Mapping Program.
40203. National Geological and Geophysical Data Preservation Program.
40204. USGS energy and minerals research facility.
40205. Rare earth elements demonstration facility.
40206. Critical minerals supply chains and reliability.
40207. Battery processing and manufacturing.
40208. Electric drive vehicle battery recycling and second-life applications program.
Sec. 40209. Advanced energy manufacturing and recycling grant program.
Sec. 40210. Critical minerals mining and recycling research.
Sec. 40211. 21st Century Energy Workforce Advisory Board.
Sec.
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Sec.
Sec.
Sec.

TITLE III—FUELS AND TECHNOLOGY INFRASTRUCTURE INVESTMENTS
Subtitle A—Carbon Capture, Utilization, Storage, and Transportation Infrastructure
Sec. 40301. Findings.
Sec. 40302. Carbon utilization program.
Sec. 40303. Carbon capture technology program.
Sec. 40304. Carbon dioxide transportation infrastructure finance and innovation.
Sec. 40305. Carbon storage validation and testing.
Sec. 40306. Secure geologic storage permitting.
Sec. 40307. Geologic carbon sequestration on the outer Continental Shelf.
Sec. 40308. Carbon removal.
Sec.
Sec.
Sec.
Sec.
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40311.
40312.
40313.
40314.
40315.

Subtitle B—Hydrogen Research and Development
Findings; purpose.
Definitions.
Clean hydrogen research and development program.
Additional clean hydrogen programs.
Clean hydrogen production qualifications.

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Subtitle C—Nuclear Energy Infrastructure
Sec. 40321. Infrastructure planning for micro and small modular nuclear reactors.
Sec. 40322. Property interests relating to certain projects and protection of information relating to certain agreements.
Sec. 40323. Civil nuclear credit program.
Sec.
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40331.
40332.
40333.
40334.

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Subtitle D—Hydropower
Hydroelectric production incentives.
Hydroelectric efficiency improvement incentives.
Maintaining and enhancing hydroelectricity incentives.
Pumped storage hydropower wind and solar integration and system reliability initiative.

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Sec. 40335. Authority for pumped storage hydropower development using multiple
Bureau of Reclamation reservoirs.
Sec. 40336. Limitations on issuance of certain leases of power privilege.
Subtitle E—Miscellaneous
Sec. 40341. Solar energy technologies on current and former mine land.
Sec. 40342. Clean energy demonstration program on current and former mine land.
Sec. 40343. Leases, easements, and rights-of-way for energy and related purposes
on the outer Continental Shelf.
TITLE IV—ENABLING ENERGY INFRASTRUCTURE INVESTMENT AND DATA
COLLECTION
Subtitle A—Department of Energy Loan Program
Sec. 40401. Department of Energy loan programs.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

Subtitle B—Energy Information Administration
Definitions.
Data collection in the electricity sector.
Expansion of energy consumption surveys.
Data collection on electric vehicle integration with the electricity grids.
Plan for the modeling and forecasting of demand for minerals used in
the energy sector.
40416. Expansion of international energy data.
40417. Plan for the National Energy Modeling System.
40418. Report on costs of carbon abatement in the electricity sector.
40419. Harmonization of efforts and data.
40411.
40412.
40413.
40414.
40415.

Subtitle C—Miscellaneous
Sec. 40431. Consideration of measures to promote greater electrification of the
transportation sector.
Sec. 40432. Office of public participation.
Sec. 40433. Digital climate solutions report.
Sec. 40434. Study and report by the Secretary of Energy on job loss and impacts
on consumer energy costs due to the revocation of the permit for the
Keystone XL pipeline.
Sec. 40435. Study on impact of electric vehicles.
Sec. 40436. Study on impact of forced labor in China on the electric vehicle supply
chain.
TITLE V—ENERGY EFFICIENCY AND BUILDING INFRASTRUCTURE
Subtitle A—Residential and Commercial Energy Efficiency
Sec. 40501. Definitions.
Sec. 40502. Energy efficiency revolving loan fund capitalization grant program.
Sec. 40503. Energy auditor training grant program.
Sec.
Sec.
Sec.
Sec.

40511.
40512.
40513.
40514.

Subtitle B—Buildings
Cost-effective codes implementation for efficiency and resilience.
Building, training, and assessment centers.
Career skills training.
Commercial building energy consumption information sharing.
Subtitle C—Industrial Energy Efficiency

PART I—INDUSTRY
Sec. 40521. Future of industry program and industrial research and assessment
centers.
Sec. 40522. Sustainable manufacturing initiative.

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PART II—SMART MANUFACTURING
Sec. 40531. Definitions.
Sec. 40532. Leveraging existing agency programs to assist small and medium manufacturers.
Sec. 40533. Leveraging smart manufacturing infrastructure at National Laboratories.
Sec. 40534. State manufacturing leadership.
Sec. 40535. Report.
Subtitle D—Schools and Nonprofits
Sec. 40541. Grants for energy efficiency improvements and renewable energy improvements at public school facilities.

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Sec. 40542. Energy efficiency materials pilot program.
Subtitle E—Miscellaneous
Sec. 40551. Weatherization assistance program.
Sec. 40552. Energy Efficiency and Conservation Block Grant Program.
Sec. 40553. Survey, analysis, and report on employment and demographics in the
energy, energy efficiency, and motor vehicle sectors of the United States.
Sec. 40554. Assisting Federal Facilities with Energy Conservation Technologies
grant program.
Sec. 40555. Rebates.
Sec. 40556. Model guidance for combined heat and power systems and waste heat
to power systems.
TITLE VI—METHANE REDUCTION INFRASTRUCTURE
Sec. 40601. Orphaned well site plugging, remediation, and restoration.
TITLE VII—ABANDONED MINE LAND RECLAMATION
Abandoned Mine Reclamation Fund authorization of appropriations.
Abandoned mine reclamation fee.
Amounts distributed from Abandoned Mine Reclamation Fund.
Abandoned hardrock mine reclamation.

Sec.
Sec.
Sec.
Sec.

40701.
40702.
40703.
40704.

Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

TITLE VIII—NATURAL RESOURCES-RELATED INFRASTRUCTURE,
WILDFIRE MANAGEMENT, AND ECOSYSTEM RESTORATION
40801. Forest Service Legacy Road and Trail Remediation Program.
40802. Study and report on feasibility of revegetating reclaimed mine sites.
40803. Wildfire risk reduction.
40804. Ecosystem restoration.
40805. GAO study.
40806. Establishment of fuel breaks in forests and other wildland vegetation.
40807. Emergency actions.
40808. Joint Chiefs Landscape Restoration Partnership program.

Sec.
Sec.
Sec.
Sec.
Sec.

40901.
40902.
40903.
40904.
40905.

Sec.
Sec.
Sec.
Sec.
Sec.

TITLE IX—WESTERN WATER INFRASTRUCTURE
Authorizations of appropriations.
Water storage, groundwater storage, and conveyance projects.
Small water storage and groundwater storage projects.
Critical maintenance and repair.
Competitive grant program for large-scale water recycling and reuse
program.
40906. Drought contingency plan funding requirements.
40907. Multi-benefit projects to improve watershed health.
40908. Eligible desalination projects.
40909. Clarification of authority to use coronavirus fiscal recovery funds to
meet a non-Federal matching requirement for authorized Bureau of Reclamation water projects.
40910. Federal assistance for groundwater recharge, aquifer storage, and
water source substitution projects.

TITLE X—AUTHORIZATION OF APPROPRIATIONS FOR ENERGY ACT OF 2020
Sec. 41001. Energy storage demonstration projects.
Sec. 41002. Advanced reactor demonstration program.
Sec. 41003. Mineral security projects.
Sec. 41004. Carbon capture demonstration and pilot programs.
Sec. 41005. Direct air capture technologies prize competitions.
Sec. 41006. Water power projects.
Sec. 41007. Renewable energy projects.
Sec. 41008. Industrial emissions demonstration projects.
TITLE XI—WAGE RATE REQUIREMENTS
Sec. 41101. Wage rate requirements.

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TITLE XII—MISCELLANEOUS
Sec. 41201. Office of Clean Energy Demonstrations.
Sec. 41202. Extension of Secure Rural Schools and Community Self-Determination
Act of 2000.
DIVISION E—DRINKING WATER AND WASTEWATER INFRASTRUCTURE
Sec. 50001. Short title.

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Sec. 50002. Definition of Administrator.
TITLE I—DRINKING WATER
Sec. 50101. Technical assistance and grants for emergencies affecting public water
systems.
Sec. 50102. Drinking water State revolving loan funds.
Sec. 50103. Source water petition program.
Sec. 50104. Assistance for small and disadvantaged communities.
Sec. 50105. Reducing lead in drinking water.
Sec. 50106. Operational sustainability of small public water systems.
Sec. 50107. Midsize and large drinking water system infrastructure resilience and
sustainability program.
Sec. 50108. Needs assessment for nationwide rural and urban low-income community water assistance.
Sec. 50109. Rural and low-income water assistance pilot program.
Sec. 50110. Lead contamination in school drinking water.
Sec. 50111. Indian reservation drinking water program.
Sec. 50112. Advanced drinking water technologies.
Sec. 50113. Cybersecurity support for public water systems.
Sec. 50114. State response to contaminants.
Sec. 50115. Annual study on boil water advisories.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

TITLE II—CLEAN WATER
Research, investigations, training, and information.
Wastewater efficiency grant pilot program.
Pilot program for alternative water source projects.
Sewer overflow and stormwater reuse municipal grants.
Clean water infrastructure resiliency and sustainability program.
Small and medium publicly owned treatment works circuit rider program.
50207. Small publicly owned treatment works efficiency grant program.
50208. Grants for construction and refurbishing of individual household decentralized wastewater systems for individuals with low or moderate income.
50209. Connection to publicly owned treatment works.
50210. Clean water State revolving funds.
50211. Water infrastructure and workforce investment.
50212. Grants to Alaska to improve sanitation in rural and Native villages.
50213. Water data sharing pilot program.
50214. Final rating opinion letters.
50215. Water infrastructure financing reauthorization.
50216. Small and disadvantaged community analysis.
50217. Stormwater infrastructure technology.
50218. Water Reuse Interagency Working Group.
50219. Advanced clean water technologies study.
50220. Clean watersheds needs survey.
50221. Water Resources Research Act amendments.
50222. Enhanced aquifer use and recharge.
50201.
50202.
50203.
50204.
50205.
50206.

DIVISION F—BROADBAND
TITLE I—BROADBAND GRANTS FOR STATES, DISTRICT OF COLUMBIA,
PUERTO RICO, AND TERRITORIES
Sec. 60101. Findings.
Sec. 60102. Grants for broadband deployment.
Sec. 60103. Broadband DATA maps.
Sec. 60104. Report on future of Universal Service Fund.
Sec. 60105. Broadband deployment locations map.

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TITLE II—TRIBAL CONNECTIVITY TECHNICAL AMENDMENTS.
Sec. 60201. Tribal connectivity technical amendments.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

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60301.
60302.
60303.
60304.
60305.
60306.

TITLE III—DIGITAL EQUITY ACT OF 2021
Short title.
Definitions.
Sense of Congress.
State Digital Equity Capacity Grant Program.
Digital Equity Competitive Grant Program.
Policy research, data collection, analysis and modeling, evaluation, and
dissemination.

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Sec. 60307. General provisions.
TITLE IV—ENABLING MIDDLE MILE BROADBAND INFRASTRUCTURE
Sec. 60401. Enabling middle mile broadband infrastructure.
TITLE V—BROADBAND AFFORDABILITY
Definitions.
Broadband affordability.
Coordination with certain other Federal agencies.
Adoption of consumer broadband labels.
GAO report.
Digital discrimination.

Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

60501.
60502.
60503.
60504.
60505.
60506.

Sec.
Sec.
Sec.
Sec.

TITLE VI—TELECOMMUNICATIONS INDUSTRY WORKFORCE
60601. Short title.
60602. Telecommunications interagency working group.
60603. Telecommunications workforce guidance.
60604. GAO assessment of workforce needs of the telecommunications industry.
DIVISION G—OTHER AUTHORIZATIONS

TITLE I—INDIAN WATER RIGHTS SETTLEMENT COMPLETION FUND
Sec. 70101. Indian Water Rights Settlement Completion Fund.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

70201.
70202.
70203.
70204.
70205.
70206.
70207.

TITLE II—WILDFIRE MITIGATION
Short title.
Definitions.
Establishment of Commission.
Duties of Commission.
Powers of Commission.
Commission personnel matters.
Termination of Commission.

TITLE III—REFORESTATION
Sec. 70301. Short title.
Sec. 70302. Reforestation following wildfires and other unplanned events.
Sec. 70303. Report.
TITLE IV—RECYCLING PRACTICES
Sec. 70401. Best practices for battery recycling and labeling guidelines.
Sec. 70402. Consumer recycling education and outreach grant program; Federal
procurement.
TITLE V—BIOPRODUCT PILOT PROGRAM
Sec. 70501. Pilot program on use of agricultural commodities in construction and
consumer products.
TITLE VI—CYBERSECURITY
Subtitle A—Cyber Response and Recovery Act
Sec. 70601. Short title.
Sec. 70602. Declaration of a significant incident.
Subtitle B—State and Local Cybersecurity Improvement Act
Sec. 70611. Short title.
Sec. 70612. State and Local Cybersecurity Grant Program.
TITLE VII—PUBLIC-PRIVATE PARTNERSHIPS
Sec. 70701. Value for money analysis.
TITLE VIII—FEDERAL PERMITTING IMPROVEMENT
Sec. 70801. Federal permitting improvement.
TITLE IX—BUILD AMERICA, BUY AMERICA

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Subtitle A—Build America, Buy America
Sec. 70901. Short title.
PART I—BUY AMERICA SOURCING REQUIREMENTS
Sec. 70911. Findings.

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Sec.
Sec.
Sec.
Sec.
Sec.

70912.
70913.
70914.
70915.
70916.

Definitions.
Identification of deficient programs.
Application of Buy America preference.
OMB guidance and standards.
Technical assistance partnership and consultation supporting Department of Transportation Buy America requirements.
Sec. 70917. Application.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

70921.
70922.
70923.
70924.
70925.
70926.
70927.

PART II—MAKE IT IN AMERICA
Regulations relating to Buy American Act.
Amendments relating to Buy American Act.
Made in America Office.
Hollings Manufacturing Extension Partnership activities.
United States obligations under international agreements.
Definitions.
Prospective amendments to internal cross-references.

Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

70931.
70932.
70933.
70934.
70935.
70936.
70937.
70938.
70939.
70940.
70941.

Subtitle B—BuyAmerican.gov
Short title.
Definitions.
Sense of Congress on buying American.
Assessment of impact of free trade agreements.
Judicious use of waivers.
Establishment of BuyAmerican.gov website.
Waiver Transparency and Streamlining for contracts.
Comptroller General report.
Rules of construction.
Consistency with international agreements.
Prospective amendments to internal cross-references.

Subtitle C—Make PPE in America
Sec. 70951. Short title.
Sec. 70952. Findings.
Sec. 70953. Requirement of long-term contracts for domestically manufactured personal protective equipment.
TITLE X—ASSET CONCESSIONS
Sec. 71001. Asset concessions.
Sec.
Sec.
Sec.
Sec.

71101.
71102.
71103.
71104.

TITLE XI—CLEAN SCHOOL BUSES AND FERRIES
Clean school bus program.
Electric or low-emitting ferry pilot program.
Ferry service for rural communities.
Expanding the funding authority for renovating, constructing, and expanding certain facilities.
DIVISION H—REVENUE PROVISIONS

TITLE I—HIGHWAY TRUST FUND
Sec. 80101. Extension of Highway Trust Fund expenditure authority.
Sec. 80102. Extension of highway-related taxes.
Sec. 80103. Further additional transfers to trust fund.
TITLE II—CHEMICAL SUPERFUND
Sec. 80201. Extension and modification of certain superfund excise taxes.
TITLE III—CUSTOMS USER FEES
Sec. 80301. Extension of customs user fees.

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TITLE IV—BOND PROVISIONS
Sec. 80401. Private activity bonds for qualified broadband projects.
Sec. 80402. Carbon dioxide capture facilities.
Sec. 80403. Increase in national limitation amount for qualified highway or surface
freight transportation facilities.
TITLE V—RELIEF FOR TAXPAYERS AFFECTED BY DISASTERS OR OTHER
CRITICAL EVENTS
Sec. 80501. Modification of automatic extension of certain deadlines in the case of
taxpayers affected by Federally declared disasters.

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Sec. 80502. Modifications of rules for postponing certain acts by reason of service
in combat zone or contingency operation.
Sec. 80503. Tolling of time for filing a petition with the tax court.
Sec. 80504. Authority to postpone certain tax deadlines by reason of significant
fires.
TITLE VI—OTHER PROVISIONS
Sec. 80601. Modification of tax treatment of contributions to the capital of a corporation.
Sec. 80602. Extension of interest rate stabilization.
Sec. 80603. Information reporting for brokers and digital assets.
Sec. 80604. Termination of employee retention credit for employers subject to closure due to COVID–19.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

DIVISION I—OTHER MATTERS
Extension of direct spending reductions through fiscal year 2031.
Strategic Petroleum Reserve drawdown and sale.
Findings regarding unused unemployment insurance funds.
Requiring manufacturers of certain single-dose container or single-use
package drugs payable under part B of the Medicare program to provide
refunds with respect to discarded amounts of such drugs.
90005. Extension of enterprise guarantee fees.
90006. Moratorium on implementation of rule relating to eliminating the antikickback statute safe harbor protection for prescription drug rebates.
90007. Rescission of COVID–19 appropriations.
90008. Spectrum auctions.

90001.
90002.
90003.
90004.

DIVISION J—APPROPRIATIONS
TITLE I—AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG
ADMINISTRATION, AND RELATED AGENCIES
TITLE II—COMMERCE, JUSTICE, SCIENCE, AND RELATED AGENCIES
TITLE III—ENERGY AND WATER DEVELOPMENT AND RELATED AGENCIES
TITLE IV—FINANCIAL SERVICES AND GENERAL GOVERNMENT
TITLE V—DEPARTMENT OF HOMELAND SECURITY
TITLE VI—DEPARTMENT OF THE INTERIOR, ENVIRONMENT, AND
RELATED AGENCIES
TITLE VII—LABOR, HEALTH AND HUMAN SERVICES, AND EDUCATION,
AND RELATED AGENCIES
TITLE VIII—TRANSPORTATION, HOUSING AND URBAN DEVELOPMENT,
AND RELATED AGENCIES
TITLE IX—GENERAL PROVISIONS—THIS DIVISION
DIVISION K—MINORITY BUSINESS DEVELOPMENT
Sec. 100001. Short title.
Sec. 100002. Definitions.
Sec. 100003. Minority Business Development Agency.
TITLE I—EXISTING INITIATIVES
Subtitle A—Market Development, Research, and Information
Sec. 100101. Private sector development.
Sec. 100102. Public sector development.
Sec. 100103. Research and information.

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Subtitle B—Minority Business Development Agency Business Center Program
Sec. 100111. Definition.
Sec. 100112. Purpose.
Sec. 100113. Establishment.
Sec. 100114. Grants and cooperative agreements.
Sec. 100115. Minimizing disruptions to existing MBDA Business Center program.
Sec. 100116. Publicity.
TITLE II—NEW INITIATIVES TO PROMOTE ECONOMIC RESILIENCY FOR
MINORITY BUSINESSES
Sec. 100201. Annual diverse business forum on capital formation.

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Sec. 100202. Agency study on alternative financing solutions.
Sec. 100203. Educational development relating to management and entrepreneurship.
TITLE III—RURAL MINORITY BUSINESS CENTER PROGRAM
Sec.
Sec.
Sec.
Sec.

100301.
100302.
100303.
100304.

Definitions.
Business centers.
Report to Congress.
Study and report.

TITLE IV—MINORITY BUSINESS DEVELOPMENT GRANTS
Sec. 100401. Grants to nonprofit organizations that support minority business enterprises.
TITLE V—MINORITY BUSINESS ENTERPRISES ADVISORY COUNCIL
Sec. 100501. Purpose.
Sec. 100502. Composition and term.
Sec. 100503. Duties.
TITLE VI—FEDERAL COORDINATION OF MINORITY BUSINESS PROGRAMS
Sec. 100601. General duties.
Sec. 100602. Participation of Federal departments and agencies.
TITLE VII—ADMINISTRATIVE POWERS OF THE AGENCY; MISCELLANEOUS
PROVISIONS
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
1 USC 1 note.

100701.
100702.
100703.
100704.
100705.
100706.
100707.
100708.

Administrative powers.
Federal assistance.
Recordkeeping.
Review and report by Comptroller General.
Biannual reports; recommendations.
Separability.
Executive Order 11625.
Authorization of appropriations.

SEC. 2. REFERENCES.

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Except as expressly provided otherwise, any reference to ‘‘this
Act’’ contained in any division of this Act shall be treated as
referring only to the provisions of that division.

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135 STAT. 443

DIVISION A—SURFACE
TRANSPORTATION
SEC. 10001. SHORT TITLE.

Surface
Transportation
Reauthorization
Act of 2021.
23 USC 101 note.

This division may be cited as the ‘‘Surface Transportation
Reauthorization Act of 2021’’.
SEC. 10002. DEFINITIONS.

23 USC 101 note.

In this division:
(1) DEPARTMENT.—The term ‘‘Department’’ means the
Department of Transportation.
(2) SECRETARY.—The term ‘‘Secretary’’ means the Secretary
of Transportation.
SEC. 10003. EFFECTIVE DATE.

23 USC 101 note.

Except as otherwise provided, this division and the amendments made by this division take effect on October 1, 2021.

TITLE I—FEDERAL-AID HIGHWAYS
Subtitle A—Authorizations and Programs

Time periods.

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SEC. 11101. AUTHORIZATION OF APPROPRIATIONS.

(a) IN GENERAL.—The following amounts are authorized to
be appropriated out of the Highway Trust Fund (other than the
Mass Transit Account):
(1) FEDERAL-AID HIGHWAY PROGRAM.—For the national
highway performance program under section 119 of title 23,
United States Code, the surface transportation block grant
program under section 133 of that title, the highway safety
improvement program under section 148 of that title, the
congestion mitigation and air quality improvement program
under section 149 of that title, the national highway freight
program under section 167 of that title, the carbon reduction
program under section 175 of that title, to carry out subsection
(c) of the PROTECT program under section 176 of that title,
and to carry out section 134 of that title—
(A) $52,488,065,375 for fiscal year 2022;
(B) $53,537,826,683 for fiscal year 2023;
(C) $54,608,583,217 for fiscal year 2024;
(D) $55,700,754,881 for fiscal year 2025; and
(E) $56,814,769,844 for fiscal year 2026.
(2) TRANSPORTATION INFRASTRUCTURE FINANCE AND
INNOVATION PROGRAM.—For credit assistance under the
transportation infrastructure finance and innovation program
under chapter 6 of title 23, United States Code, $250,000,000
for each of fiscal years 2022 through 2026.
(3) FEDERAL LANDS AND TRIBAL TRANSPORTATION PROGRAMS.—
(A) TRIBAL TRANSPORTATION PROGRAM.—For the tribal
transportation program under section 202 of title 23,
United States Code—
(i) $578,460,000 for fiscal year 2022;
(ii) $589,960,000 for fiscal year 2023;
(iii) $602,460,000 for fiscal year 2024;

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135 STAT. 444

PUBLIC LAW 117–58—NOV. 15, 2021
(iv) $612,960,000 for fiscal year 2025; and
(v) $627,960,000 for fiscal year 2026.
(B) FEDERAL LANDS TRANSPORTATION PROGRAM.—
(i) IN GENERAL.—For the Federal lands transportation program under section 203 of title 23, United
States Code—
(I) $421,965,000 for fiscal year 2022;
(II) $429,965,000 for fiscal year 2023;
(III) $438,965,000 for fiscal year 2024;
(IV) $447,965,000 for fiscal year 2025; and
(V) $455,965,000 for fiscal year 2026.
(ii) ALLOCATION.—Of the amount made available
for a fiscal year under clause (i)—
(I) the amount for the National Park Service
is—
(aa) $332,427,450 for fiscal year 2022;
(bb) $338,867,450 for fiscal year 2023;
(cc) $346,237,450 for fiscal year 2024;
(dd) $353,607,450 for fiscal year 2025; and
(ee) $360,047,450 for fiscal year 2026;
(II) the amount for the United States Fish
and Wildlife Service is $36,000,000 for each of
fiscal years 2022 through 2026; and
(III) the amount for the Forest Service is—
(aa) $24,000,000 for fiscal year 2022;
(bb) $25,000,000 for fiscal year 2023;
(cc) $26,000,000 for fiscal year 2024;
(dd) $27,000,000 for fiscal year 2025; and
(ee) $28,000,000 for fiscal year 2026.
(C) FEDERAL LANDS ACCESS PROGRAM.—For the Federal
lands access program under section 204 of title 23, United
States Code—
(i) $285,975,000 for fiscal year 2022;
(ii) $291,975,000 for fiscal year 2023;
(iii) $296,975,000 for fiscal year 2024;
(iv) $303,975,000 for fiscal year 2025; and
(v) $308,975,000 for fiscal year 2026.
(4) TERRITORIAL AND PUERTO RICO HIGHWAY PROGRAM.—
For the territorial and Puerto Rico highway program under
section 165 of title 23, United States Code—
(A) $219,000,000 for fiscal year 2022;
(B) $224,000,000 for fiscal year 2023;
(C) $228,000,000 for fiscal year 2024;
(D) $232,500,000 for fiscal year 2025; and
(E) $237,000,000 for fiscal year 2026.
(5) NATIONALLY SIGNIFICANT FREIGHT AND HIGHWAY
PROJECTS.—For nationally significant freight and highway
projects under section 117 of title 23, United States Code—
(A) $1,000,000,000 for fiscal year 2022;
(B) $1,000,000,000 for fiscal year 2023;
(C) $1,000,000,000 for fiscal year 2024;
(D) $900,000,000 for fiscal year 2025; and
(E) $900,000,000 for fiscal year 2026.
(b) OTHER PROGRAMS.—
(1) IN GENERAL.—The following amounts are authorized
to be appropriated out of the Highway Trust Fund (other than
the Mass Transit Account):

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PUBLIC LAW 117–58—NOV. 15, 2021

135 STAT. 445

(A) BRIDGE INVESTMENT PROGRAM.—To carry out the
bridge investment program under section 124 of title 23,
United States Code—
(i) $600,000,000 for fiscal year 2022;
(ii) $640,000,000 for fiscal year 2023;
(iii) $650,000,000 for fiscal year 2024;
(iv) $675,000,000 for fiscal year 2025; and
(v) $700,000,000 for fiscal year 2026.
(B) CONGESTION RELIEF PROGRAM.—To carry out the
congestion relief program under section 129(d) of title 23,
United States Code, $50,000,000 for each of fiscal years
2022 through 2026.
(C)
CHARGING
AND
FUELING
INFRASTRUCTURE
GRANTS.—To carry out section 151(f) of title 23, United
States Code—
(i) $300,000,000 for fiscal year 2022;
(ii) $400,000,000 for fiscal year 2023;
(iii) $500,000,000 for fiscal year 2024;
(iv) $600,000,000 for fiscal year 2025; and
(v) $700,000,000 for fiscal year 2026.
(D) RURAL SURFACE TRANSPORTATION GRANT PROGRAM.—To carry out the rural surface transportation grant
program under section 173 of title 23, United States Code—
(i) $300,000,000 for fiscal year 2022;
(ii) $350,000,000 for fiscal year 2023;
(iii) $400,000,000 for fiscal year 2024;
(iv) $450,000,000 for fiscal year 2025; and
(v) $500,000,000 for fiscal year 2026.
(E) PROTECT GRANTS.—
(i) IN GENERAL.—To carry out subsection (d) of
the PROTECT program under section 176 of title 23,
United States Code, for each of fiscal years 2022
through 2026—
(I) $250,000,000 for fiscal year 2022;
(II) $250,000,000 for fiscal year 2023;
(III) $300,000,000 for fiscal year 2024;
(IV) $300,000,000 for fiscal year 2025; and
(V) $300,000,000 for fiscal year 2026.
(ii) ALLOCATION.—Of the amounts made available
under clause (i)—
(I) for planning grants under paragraph (3)
of that subsection—
(aa) $25,000,000 for fiscal year 2022;
(bb) $25,000,000 for fiscal year 2023;
(cc) $30,000,000 for fiscal year 2024;
(dd) $30,000,000 for fiscal year 2025; and
(ee) $30,000,000 for fiscal year 2026;
(II) for resilience improvement grants under
paragraph (4)(A) of that subsection—
(aa) $175,000,000 for fiscal year 2022;
(bb) $175,000,000 for fiscal year 2023;
(cc) $210,000,000 for fiscal year 2024;
(dd) $210,000,000 for fiscal year 2025; and
(ee) $210,000,000 for fiscal year 2026;
(III) for community resilience and evacuation
route grants under paragraph (4)(B) of that subsection—

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PUBLIC LAW 117–58—NOV. 15, 2021
(aa) $25,000,000 for fiscal year 2022;
(bb) $25,000,000 for fiscal year 2023;
(cc) $30,000,000 for fiscal year 2024;
(dd) $30,000,000 for fiscal year 2025; and
(ee) $30,000,000 for fiscal year 2026; and
(IV) for at-risk coastal infrastructure grants
under paragraph (4)(C) of that subsection—
(aa) $25,000,000 for fiscal year 2022;
(bb) $25,000,000 for fiscal year 2023;
(cc) $30,000,000 for fiscal year 2024;
(dd) $30,000,000 for fiscal year 2025; and
(ee) $30,000,000 for fiscal year 2026.
(F) REDUCTION OF TRUCK EMISSIONS AT PORT FACILITIES.—
(i) IN GENERAL.—To carry out the reduction of
truck emissions at port facilities under section 11402,
$50,000,000 for each of fiscal years 2022 through 2026.
(ii) TREATMENT.—Amounts made available under
clause (i) shall be available for obligation in the same
manner as if those amounts were apportioned under
chapter 1 of title 23, United States Code.
(G) NATIONALLY SIGNIFICANT FEDERAL LANDS AND
TRIBAL PROJECTS.—
(i) IN GENERAL.—To carry out the nationally
significant Federal lands and tribal projects program
under section 1123 of the FAST Act (23 U.S.C. 201
note; Public Law 114–94), $55,000,000 for each of fiscal
years 2022 through 2026.
(ii) TREATMENT.—Amounts made available under
clause (i) shall be available for obligation in the same
manner as if those amounts were apportioned under
chapter 1 of title 23, United States Code.
(2) GENERAL FUND.—
(A) BRIDGE INVESTMENT PROGRAM.—
(i) IN GENERAL.—In addition to amounts made
available under paragraph (1)(A), there are authorized
to be appropriated to carry out the bridge investment
program under section 124 of title 23, United States
Code—
(I) $600,000,000 for fiscal year 2022;
(II) $640,000,000 for fiscal year 2023;
(III) $650,000,000 for fiscal year 2024;
(IV) $675,000,000 for fiscal year 2025; and
(V) $700,000,000 for fiscal year 2026.
(ii) ALLOCATION.—Amounts made available under
clause (i) shall be allocated in the same manner as
if made available under paragraph (1)(A).
(B) NATIONALLY SIGNIFICANT FEDERAL LANDS AND
TRIBAL PROJECTS PROGRAM.—In addition to amounts made
available under paragraph (1)(G), there is authorized to
be appropriated to carry out section 1123 of the FAST
Act (23 U.S.C. 201 note; Public Law 114–94) $300,000,000
for each of fiscal years 2022 through 2026.
(C) HEALTHY STREETS PROGRAM.—There is authorized
to be appropriated to carry out the Healthy Streets program
under section 11406 $100,000,000 for each of fiscal years
2022 through 2026.

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(D) TRANSPORTATION RESILIENCE AND ADAPTATION CENTERS OF EXCELLENCE.—There is authorized to be appropriated to carry out section 520 of title 23, United States
Code, $100,000,000 for each of fiscal years 2022 through
2026.
(E) OPEN CHALLENGE AND RESEARCH PROPOSAL PILOT
PROGRAM.—There is authorized to be appropriated to carry
out the open challenge and research proposal pilot program
under section 13006(e) $15,000,000 for each of fiscal years
2022 through 2026.
(c) RESEARCH, TECHNOLOGY, AND EDUCATION AUTHORIZATIONS.—
(1) IN GENERAL.—The following amounts are authorized
to be appropriated out of the Highway Trust Fund (other than
the Mass Transit Account):
(A) HIGHWAY RESEARCH AND DEVELOPMENT PROGRAM.—
To carry out section 503(b) of title 23, United States Code,
$147,000,000 for each of fiscal years 2022 through 2026.
(B) TECHNOLOGY AND INNOVATION DEPLOYMENT PROGRAM.—To carry out section 503(c) of title 23, United States
Code, $110,000,000 for each of fiscal years 2022 through
2026.
(C) TRAINING AND EDUCATION.—To carry out section
504 of title 23, United States Code—
(i) $25,000,000 for fiscal year 2022;
(ii) $25,250,000 for fiscal year 2023;
(iii) $25,500,000 for fiscal year 2024;
(iv) $25,750,000 for fiscal year 2025; and
(v) $26,000,000 for fiscal year 2026.
(D) INTELLIGENT TRANSPORTATION SYSTEMS PROGRAM.—To carry out sections 512 through 518 of title 23,
United States Code, $110,000,000 for each of fiscal years
2022 through 2026.
(E) UNIVERSITY TRANSPORTATION CENTERS PROGRAM.—
To carry out section 5505 of title 49, United States Code—
(i) $80,000,000 for fiscal year 2022;
(ii) $80,500,000 for fiscal year 2023;
(iii) $81,000,000 for fiscal year 2024;
(iv) $81,500,000 for fiscal year 2025; and
(v) $82,000,000 for fiscal year 2026.
(F) BUREAU OF TRANSPORTATION STATISTICS.—To carry
out chapter 63 of title 49, United States Code—
(i) $26,000,000 for fiscal year 2022;
(ii) $26,250,000 for fiscal year 2023;
(iii) $26,500,000 for fiscal year 2024;
(iv) $26,750,000 for fiscal year 2025; and
(v) $27,000,000 for fiscal year 2026.
(2) ADMINISTRATION.—The Federal Highway Administration shall—
(A) administer the programs described in subparagraphs (A), (B), and (C) of paragraph (1); and
(B) in consultation with relevant modal administrations, administer the programs described in paragraph
(1)(D).
(3) APPLICABILITY OF TITLE 23, UNITED STATES CODE.—
Amounts authorized to be appropriated by paragraph (1) shall—

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(A) be available for obligation in the same manner
as if those funds were apportioned under chapter 1 of
title 23, United States Code, except that the Federal share
of the cost of a project or activity carried out using those
funds shall be 80 percent, unless otherwise expressly provided by this division (including the amendments by this
division) or otherwise determined by the Secretary; and
(B) remain available until expended and not be
transferable, except as otherwise provided by this division.
(d) PILOT PROGRAMS.—The following amounts are authorized
to be appropriated out of the Highway Trust Fund (other than
the Mass Transit Account):
(1) WILDLIFE CROSSINGS PILOT PROGRAM.—For the wildlife
crossings pilot program under section 171 of title 23, United
States Code—
(A) $60,000,000 for fiscal year 2022;
(B) $65,000,000 for fiscal year 2023;
(C) $70,000,000 for fiscal year 2024;
(D) $75,000,000 for fiscal year 2025; and
(E) $80,000,000 for fiscal year 2026.
(2) PRIORITIZATION PROCESS PILOT PROGRAM.—
(A) IN GENERAL.—For the prioritization process pilot
program under section 11204, $10,000,000 for each of fiscal
years 2022 through 2026.
(B) TREATMENT.—Amounts made available under
subparagraph (A) shall be available for obligation in the
same manner as if those amounts were apportioned under
chapter 1 of title 23, United States Code.
(3) RECONNECTING COMMUNITIES PILOT PROGRAM.—
(A) PLANNING GRANTS.—For planning grants under the
reconnecting communities pilot program under section
11509(c), $30,000,000 for each of fiscal years 2022 through
2026.
(B) CAPITAL CONSTRUCTION GRANTS.—For capital
construction grants under the reconnecting communities
pilot program under section 11509(d)—
(i) $65,000,000 for fiscal year 2022;
(ii) $68,000,000 for fiscal year 2023;
(iii) $70,000,000 for fiscal year 2024;
(iv) $72,000,000 for fiscal year 2025; and
(v) $75,000,000 for fiscal year 2026.
(C) TREATMENT.—Amounts made available under
subparagraph (A) or (B) shall be available for obligation
in the same manner as if those amounts were apportioned
under chapter 1 of title 23, United States Code, except
that those amounts shall remain available until expended.
(e) DISADVANTAGED BUSINESS ENTERPRISES.—
(1) FINDINGS.—Congress finds that—
(A) 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;
(B) the continuing barriers described in subparagraph
(A) merit the continuation of the disadvantaged business
enterprise program;

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135 STAT. 449

(C) 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;
(D) 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
(E) 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.
(2) DEFINITIONS.—In this subsection:
(A) SMALL BUSINESS CONCERN.—
(i) 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)).
(ii) 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 $26,290,000, as adjusted annually
by the Secretary for inflation.
(B) 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, except that women shall be presumed to be
socially and economically disadvantaged individuals for
purposes of this subsection.
(3) 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 this division (other than section 14004), division C, 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.
(4) ANNUAL LISTING OF DISADVANTAGED BUSINESS ENTERPRISES.—Each State shall annually—
(A) survey and compile a list of the small business
concerns referred to in paragraph (3) in the State, including
the location of the small business concerns in the State;
and
(B) notify the Secretary, in writing, of the percentage
of the small business concerns that are controlled by—

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135 STAT. 450

(i) women;
(ii) socially and economically disadvantaged
individuals (other than women); and
(iii) individuals who are women and are otherwise
socially and economically disadvantaged individuals.
(5) UNIFORM CERTIFICATION.—
(A) 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.
(B) INCLUSIONS.—The minimum uniform criteria established under subparagraph (A) shall include, with respect
to a potential small business concern—
(i) on-site visits;
(ii) personal interviews with personnel;
(iii) issuance or inspection of licenses;
(iv) analyses of stock ownership;
(v) listings of equipment;
(vi) analyses of bonding capacity;
(vii) listings of work completed;
(viii) examination of the resumes of principal
owners;
(ix) analyses of financial capacity; and
(x) analyses of the type of work preferred.
(6) REPORTING.—The Secretary shall establish minimum
requirements for use by State governments in reporting to
the Secretary—
(A) information concerning disadvantaged business
enterprise awards, commitments, and achievements; and
(B) such other information as the Secretary determines
to be appropriate for the proper monitoring of the disadvantaged business enterprise program.
(7) COMPLIANCE WITH COURT ORDERS.—Nothing in this subsection limits the eligibility of an individual or entity to receive
funds made available under this division, division C, 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.
(8) SENSE OF CONGRESS ON PROMPT PAYMENT OF DBE SUBCONTRACTORS.—It is the sense of Congress that—
(A) the Secretary should take additional steps to ensure
that recipients comply with section 26.29 of title 49, Code
of Federal Regulations (the disadvantaged business enterprises prompt payment rule), or any corresponding regulation, in awarding Federally funded transportation contracts
under laws and regulations administered by the Secretary;
and
(B) such additional steps should include increasing
the ability of the Department to track and keep records
of complaints and to make that information publicly available.

Criteria.

Analyses.
Lists.
Analyses.
Lists.
Examination.
Analyses.
Analyses.
Requirements.

Determination.

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SEC. 11102. OBLIGATION CEILING.

(a) GENERAL LIMITATION.—Subject to subsection (e), and notwithstanding any other provision of law, the obligations for Federal-

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135 STAT. 451

aid highway and highway safety construction programs shall not
exceed—
(1) $57,473,430,072 for fiscal year 2022;
(2) $58,764,510,674 for fiscal year 2023;
(3) $60,095,782,888 for fiscal year 2024;
(4) $61,314,170,545 for fiscal year 2025; and
(5) $62,657,105,821 for fiscal year 2026.
(b) EXCEPTIONS.—The limitations under subsection (a) shall
not apply to obligations under or for—
(1) section 125 of title 23, United States Code;
(2) section 147 of the Surface Transportation Assistance
Act of 1978 (23 U.S.C. 144 note; 92 Stat. 2714);
(3) section 9 of the Federal-Aid Highway Act of 1981 (95
Stat. 1701);
(4) subsections (b) and (j) of section 131 of the Surface
Transportation Assistance Act of 1982 (96 Stat. 2119);
(5) subsections (b) and (c) of section 149 of the Surface
Transportation and Uniform Relocation Assistance Act of 1987
(101 Stat. 198);
(6) sections 1103 through 1108 of the Intermodal Surface
Transportation Efficiency Act of 1991 (105 Stat. 2027);
(7) section 157 of title 23, United States Code (as in effect
on June 8, 1998);
(8) section 105 of title 23, United States Code (as in effect
for fiscal years 1998 through 2004, but only in an amount
equal to $639,000,000 for each of those fiscal years);
(9) Federal-aid highway programs for which obligation
authority was made available under the Transportation Equity
Act for the 21st Century (112 Stat. 107) or subsequent Acts
for multiple years or to remain available until expended, but
only to the extent that the obligation authority has not lapsed
or been used;
(10) section 105 of title 23, United States Code (as in
effect for fiscal years 2005 through 2012, but only in an amount
equal to $639,000,000 for each of those fiscal years);
(11) section 1603 of SAFETEA–LU (23 U.S.C. 118 note;
119 Stat. 1248), to the extent that funds obligated in accordance
with that section were not subject to a limitation on obligations
at the time at which the funds were initially made available
for obligation;
(12) section 119 of title 23, United States Code (as in
effect for fiscal years 2013 through 2015, but only in an amount
equal to $639,000,000 for each of those fiscal years);
(13) section 119 of title 23, United States Code (as in
effect for fiscal years 2016 through 2021, but only in an amount
equal to $639,000,000 for each of those fiscal years); and
(14) section 119 of title 23, United States Code (but, for
fiscal years 2022 through 2026, only in an amount equal to
$639,000,000 for each of those fiscal years).
(c) DISTRIBUTION OF OBLIGATION AUTHORITY.—For each of fiscal
years 2022 through 2026, the Secretary—
(1) shall not distribute obligation authority provided by
subsection (a) for the fiscal year for—
(A) amounts authorized for administrative expenses
and programs by section 104(a) of title 23, United States
Code; and

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(B) amounts authorized for the Bureau of Transportation Statistics;
(2) shall not distribute an amount of obligation authority
provided by subsection (a) that is equal to the unobligated
balance of amounts—
(A) made available from the Highway Trust Fund
(other than the Mass Transit Account) for Federal-aid highway and highway safety construction programs for previous
fiscal years the funds for which are allocated by the Secretary (or apportioned by the Secretary under section 202
or 204 of title 23, United States Code); and
(B) for which obligation authority was provided in a
previous fiscal year;
(3) shall determine the proportion that—
(A) the obligation authority provided by subsection (a)
for the fiscal year, less the aggregate of amounts not distributed under paragraphs (1) and (2) of this subsection; bears
to
(B) the total of the sums authorized to be appropriated
for the Federal-aid highway and highway safety construction programs (other than sums authorized to be appropriated for provisions of law described in paragraphs (1)
through (13) of subsection (b) and sums authorized to be
appropriated for section 119 of title 23, United States Code,
equal to the amount referred to in subsection (b)(14) for
the fiscal year), less the aggregate of the amounts not
distributed under paragraphs (1) and (2) of this subsection;
(4) shall distribute the obligation authority provided by
subsection (a), less the aggregate amounts not distributed under
paragraphs (1) and (2), for each of the programs (other than
programs to which paragraph (1) applies) that are allocated
by the Secretary under this division and title 23, United States
Code, or apportioned by the Secretary under section 202 or
204 of that title, by multiplying—
(A) the proportion determined under paragraph (3);
by
(B) the amounts authorized to be appropriated for each
such program for the fiscal year; and
(5) shall distribute the obligation authority provided by
subsection (a), less the aggregate amounts not distributed under
paragraphs (1) and (2) and the amounts distributed under
paragraph (4), for Federal-aid highway and highway safety
construction programs that are apportioned by the Secretary
under title 23, United States Code (other than the amounts
apportioned for the national highway performance program
in section 119 of title 23, United States Code, that are exempt
from the limitation under subsection (b)(14) and the amounts
apportioned under sections 202 and 204 of that title) in the
proportion that—
(A) amounts authorized to be appropriated for the programs that are apportioned under title 23, United States
Code, to each State for the fiscal year; bears to
(B) the total of the amounts authorized to be appropriated for the programs that are apportioned under title
23, United States Code, to all States for the fiscal year.

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PUBLIC LAW 117–58—NOV. 15, 2021

135 STAT. 453

(d) REDISTRIBUTION OF UNUSED OBLIGATION AUTHORITY.—Notwithstanding subsection (c), the Secretary shall, after August 1
of each of fiscal years 2022 through 2026—
(1) revise a distribution of the obligation authority made
available under subsection (c) if an amount distributed cannot
be obligated during that fiscal year; and
(2) redistribute sufficient amounts to those States able
to obligate amounts in addition to those previously distributed
during that fiscal year, giving priority to those States having
large unobligated balances of funds apportioned under sections
144 (as in effect on the day before the date of enactment
of MAP–21 (Public Law 112–141; 126 Stat. 405)) and 104
of title 23, United States Code.
(e) APPLICABILITY OF OBLIGATION LIMITATIONS TO TRANSPORTATION RESEARCH PROGRAMS.—
(1) IN GENERAL.—Except as provided in paragraph (2),
obligation limitations imposed by subsection (a) shall apply
to contract authority for transportation research programs carried out under chapter 5 of title 23, United States Code.
(2) EXCEPTION.—Obligation authority made available under
paragraph (1) shall—
(A) remain available for a period of 4 fiscal years;
and
(B) be in addition to the amount of any limitation
imposed on obligations for Federal-aid highway and highway safety construction programs for future fiscal years.
(f) REDISTRIBUTION OF CERTAIN AUTHORIZED FUNDS.—
(1) IN GENERAL.—Not later than 30 days after the date
of distribution of obligation authority under subsection (c) for
each of fiscal years 2022 through 2026, the Secretary shall
distribute to the States any funds (excluding funds authorized
for the program under section 202 of title 23, United States
Code) that—
(A) are authorized to be appropriated for the fiscal
year for Federal-aid highway programs; and
(B) the Secretary determines will not be allocated to
the States (or will not be apportioned to the States under
section 204 of title 23, United States Code), and will not
be available for obligation, for the fiscal year because of
the imposition of any obligation limitation for the fiscal
year.
(2) RATIO.—Funds shall be distributed under paragraph
(1) in the same proportion as the distribution of obligation
authority under subsection (c)(5).
(3) AVAILABILITY.—Funds distributed to each State under
paragraph (1) shall be available for any purpose described
in section 133(b) of title 23, United States Code.

Effective dates.

Revision.

Deadlines.

Determination.

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SEC. 11103. DEFINITIONS.

Section 101(a) of title 23, United States Code, is amended—
(1) in paragraph (4)—
(A) in subparagraph (A), by inserting ‘‘assessing resilience,’’ after ‘‘surveying,’’;
(B) in subparagraph (G), by striking ‘‘and’’ at the end;
(C) by redesignating subparagraph (H) as subparagraph (I); and
(D) by inserting after subparagraph (G) the following:

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PUBLIC LAW 117–58—NOV. 15, 2021
‘‘(H) improvements that reduce the number of wildlifevehicle collisions, such as wildlife crossing structures; and’’;
(2) by redesignating paragraphs (17) through (34) as paragraphs (18), (19), (20), (21), (22), (23), (25), (26), (27), (28),
(29), (30), (31), (32), (33), (34), (35), and (36), respectively;
(3) by inserting after paragraph (16) the following:
‘‘(17) NATURAL INFRASTRUCTURE.—The term ‘natural infrastructure’ means infrastructure that uses, restores, or emulates
natural ecological processes and—
‘‘(A) is created through the action of natural physical,
geological, biological, and chemical processes over time;
‘‘(B) is created by human design, engineering, and
construction to emulate or act in concert with natural
processes; or
‘‘(C) involves the use of plants, soils, and other natural
features, including through the creation, restoration, or
preservation of vegetated areas using materials appropriate
to the region to manage stormwater and runoff, to
attenuate flooding and storm surges, and for other related
purposes.’’;
(4) by inserting after paragraph (23) (as so redesignated)
the following:
‘‘(24) RESILIENCE.—The term ‘resilience’, with respect to
a project, means a project with the ability to anticipate, prepare
for, or adapt to conditions or withstand, respond to, or recover
rapidly from disruptions, including the ability—
‘‘(A)(i) to resist hazards or withstand impacts from
weather events and natural disasters; or
‘‘(ii) to reduce the magnitude or duration of impacts
of a disruptive weather event or natural disaster on a
project; and
‘‘(B) to have the absorptive capacity, adaptive capacity,
and recoverability to decrease project vulnerability to
weather events or other natural disasters.’’; and
(5) in subparagraph (A) of paragraph (32) (as so redesignated)—
(A) by striking the period at the end and inserting
‘‘; and’’;
(B) by striking ‘‘through the implementation’’ and
inserting the following: ‘‘through—
‘‘(i) the implementation’’; and
(C) by adding at the end the following:
‘‘(ii) the consideration of incorporating natural
infrastructure.’’.

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SEC. 11104. APPORTIONMENT.

(a) ADMINISTRATIVE EXPENSES.—Section 104(a)(1) of title 23,
United States Code, is amended by striking subparagraphs (A)
through (E) and inserting the following:
‘‘(A) $490,964,697 for fiscal year 2022;
‘‘(B) $500,783,991 for fiscal year 2023;
‘‘(C) $510,799,671 for fiscal year 2024;
‘‘(D) $521,015,664 for fiscal year 2025; and
‘‘(E) $531,435,977 for fiscal year 2026.’’.
(b) DIVISION AMONG PROGRAMS OF STATE SHARE.—Section
104(b) of title 23, United States Code, is amended in subsection
(b)—

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PUBLIC LAW 117–58—NOV. 15, 2021

135 STAT. 455

(1) in the matter preceding paragraph (1), by inserting
‘‘the carbon reduction program under section 175, to carry
out subsection (c) of the PROTECT program under section
176,’’ before ‘‘and to carry out section 134’’;
(2) in paragraph (1), by striking ‘‘63.7 percent’’ and
inserting ‘‘59.0771195921461 percent’’;
(3) in paragraph (2), by striking ‘‘29.3 percent’’ and
inserting ‘‘28.7402203421251 percent’’;
(4) in paragraph (3), by striking ‘‘7 percent’’ and inserting
‘‘6.70605141316253 percent’’;
(5) by striking paragraph (4) and inserting the following:
‘‘(4) CONGESTION MITIGATION AND AIR QUALITY IMPROVEMENT PROGRAM.—
‘‘(A) IN GENERAL.—For the congestion mitigation and
air quality improvement program, an amount determined
for the State under subparagraphs (B) and (C).
‘‘(B) TOTAL AMOUNT.—The total amount for the congestion mitigation and air quality improvement program for
all States shall be—
‘‘(i) $2,536,490,803 for fiscal year 2022;
‘‘(ii) $2,587,220,620 for fiscal year 2023;
‘‘(iii) $2,638,965,032 for fiscal year 2024;
‘‘(iv) $2,691,744,332 for fiscal year 2025; and
‘‘(v) $2,745,579,213 for fiscal year 2026.
‘‘(C) STATE SHARE.—For each fiscal year, the Secretary
shall distribute among the States the total amount for
the congestion mitigation and air quality improvement program under subparagraph (B) so that each State receives
an amount equal to the proportion that—
‘‘(i) the amount apportioned to the State for the
congestion mitigation and air quality improvement program for fiscal year 2020; bears to
‘‘(ii) the total amount of funds apportioned to all
States for that program for fiscal year 2020.’’;
(6) in paragraph (5)—
(A) by striking subparagraph (B) and inserting the
following:
‘‘(B) TOTAL AMOUNT.—The total amount set aside for
the national highway freight program for all States shall
be—
‘‘(i) $1,373,932,519 for fiscal year 2022;
‘‘(ii) $1,401,411,169 for fiscal year 2023;
‘‘(iii) $1,429,439,392 for fiscal year 2024;
‘‘(iv) $1,458,028,180 for fiscal year 2025; and
‘‘(v) $1,487,188,740 for fiscal year 2026.’’; and
(B) by striking subparagraph (D); and
(7) by striking paragraph (6) and inserting the following:
‘‘(6) METROPOLITAN PLANNING.—
‘‘(A) IN GENERAL.—To carry out section 134, an amount
determined for the State under subparagraphs (B) and
(C).
‘‘(B) TOTAL AMOUNT.—The total amount for metropolitan planning for all States shall be—
‘‘(i) $ 438,121,139 for fiscal year 2022;
‘‘(ii) $446,883,562 for fiscal year 2023;
‘‘(iii) $455,821,233 for fiscal year 2024;
‘‘(iv) $464,937,657 for fiscal year 2025; and

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135 STAT. 456

PUBLIC LAW 117–58—NOV. 15, 2021

‘‘(v) $474,236,409 for fiscal year 2026.
‘‘(C) STATE SHARE.—For each fiscal year, the Secretary
shall distribute among the States the total amount to carry
out section 134 under subparagraph (B) so that each State
receives an amount equal to the proportion that—
‘‘(i) the amount apportioned to the State to carry
out section 134 for fiscal year 2020; bears to
‘‘(ii) the total amount of funds apportioned to all
States to carry out section 134 for fiscal year 2020.
‘‘(7) CARBON REDUCTION PROGRAM.—For the carbon reduction program under section 175, 2.56266964565637 percent of
the amount remaining after distributing amounts under paragraphs (4), (5), and (6).
‘‘(8) PROTECT FORMULA PROGRAM.—To carry out subsection (c) of the PROTECT program under section 176,
2.91393900690991 percent of the amount remaining after distributing amounts under paragraphs (4), (5), and (6).’’.
(c) CALCULATION OF AMOUNTS.—Section 104(c) of title 23,
United States Code, is amended—
(1) in paragraph (1)—
(A) in the matter preceding subparagraph (A), by
striking ‘‘each of fiscal years 2016 through 2020’’ and
inserting ‘‘fiscal year 2022 and each fiscal year thereafter’’;
(B) in subparagraph (A)—
(i) by striking clause (i) and inserting the following:
‘‘(i) the base apportionment; by’’; and
(ii) in clause (ii)(I), by striking ‘‘fiscal year 2015’’
and inserting ‘‘fiscal year 2021’’; and
(C) by striking subparagraph (B) and inserting the
following:
‘‘(B) GUARANTEED AMOUNTS.—The initial amounts
resulting from the calculation under subparagraph (A) shall
be adjusted to ensure that each State receives an aggregate
apportionment that is—
‘‘(i) equal to at least 95 percent of the estimated
tax payments paid into the Highway Trust Fund (other
than the Mass Transit Account) in the most recent
fiscal year for which data are available that are—
‘‘(I) attributable to highway users in the State;
and
‘‘(II) associated with taxes in effect on July
1, 2019, and only up to the rate those taxes were
in effect on that date;
‘‘(ii) at least 2 percent greater than the apportionment that the State received for fiscal year 2021; and
‘‘(iii) at least 1 percent greater than the apportionment that the State received for the previous fiscal
year.’’; and
(2) in paragraph (2)—
(A) by striking ‘‘fiscal years 2016 through 2020’’ and
inserting ‘‘fiscal year 2022 and each fiscal year thereafter’’;
and
(B) by inserting ‘‘the carbon reduction program under
section 175, to carry out subsection (c) of the PROTECT
program under section 176,’’ before ‘‘and to carry out section
134’’.

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135 STAT. 457

(d) METROPOLITAN PLANNING.—Section 104(d)(1)(A) of title 23,
United States Code, is amended by striking ‘‘paragraphs (5)(D)
and (6) of subsection (b)’’ each place it appears and inserting ‘‘subsection (b)(6)’’.
(e) SUPPLEMENTAL FUNDS.—Section 104 of title 23, United
States Code, is amended by striking subsection (h).
(f) BASE APPORTIONMENT DEFINED.—Section 104 of title 23,
United States Code, is amended—
(1) by redesignating subsection (i) as subsection (h); and
(2) in subsection (h) (as so redesignated)—
(A) by striking ‘‘means’’ in the matter preceding paragraph (1) and all that follows through ‘‘the combined
amount’’ in paragraph (1) and inserting ‘‘means the combined amount’’;
(B) by striking ‘‘and to carry out section 134; minus’’
and inserting ‘‘the carbon reduction program under section
175, to carry out subsection (c) of the PROTECT program
under section 176, and to carry out section 134.’’; and
(C) by striking paragraph (2).

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SEC. 11105. NATIONAL HIGHWAY PERFORMANCE PROGRAM.

Section 119 of title 23, United States Code, is amended—
(1) in subsection (b)—
(A) in paragraph (2), by striking ‘‘and’’ at the end;
(B) in paragraph (3), by striking the period at the
end and inserting ‘‘; and’’; and
(C) by adding at the end the following:
‘‘(4) to provide support for activities to increase the resiliency of the National Highway System to mitigate the cost
of damages from sea level rise, extreme weather events,
flooding, wildfires, or other natural disasters.’’;
(2) in subsection (d)(2), by adding at the end the following:
‘‘(Q) Undergrounding public utility infrastructure carried out in conjunction with a project otherwise eligible
under this section.
‘‘(R) Resiliency improvements on the National Highway
System, including protective features described in subsection (k)(2).
‘‘(S) Implement activities to protect segments of the
National Highway System from cybersecurity threats.’’;
(3) in subsection (e)(4)(D), by striking ‘‘analysis’’ and
inserting ‘‘analyses, both of which shall take into consideration
extreme weather and resilience’’; and
(4) by adding at the end the following:
‘‘(k) PROTECTIVE FEATURES.—
‘‘(1) IN GENERAL.—A State may use not more than 15
percent of the funds apportioned to the State under section
104(b)(1) for each fiscal year for 1 or more protective features
on a Federal-aid highway or bridge not on the National Highway System, if the protective feature is designed to mitigate
the risk of recurring damage or the cost of future repairs
from extreme weather events, flooding, or other natural disasters.
‘‘(2) PROTECTIVE FEATURES DESCRIBED.—A protective feature referred to in paragraph (1) includes—
‘‘(A) raising roadway grades;

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PUBLIC LAW 117–58—NOV. 15, 2021
‘‘(B) relocating roadways in a base floodplain to higher
ground above projected flood elevation levels or away from
slide prone areas;
‘‘(C) stabilizing slide areas;
‘‘(D) stabilizing slopes;
‘‘(E) lengthening or raising bridges to increase waterway openings;
‘‘(F) increasing the size or number of drainage structures;
‘‘(G) replacing culverts with bridges or upsizing culverts;
‘‘(H) installing seismic retrofits on bridges;
‘‘(I) adding scour protection at bridges, installing
riprap, or adding other scour, stream stability, coastal,
or other hydraulic countermeasures, including spur dikes;
and
‘‘(J) the use of natural infrastructure to mitigate the
risk of recurring damage or the cost of future repair from
extreme weather events, flooding, or other natural disasters.
‘‘(3) SAVINGS PROVISION.—Nothing in this subsection limits
the ability of a State to carry out a project otherwise eligible
under subsection (d) using funds apportioned under section
104(b)(1).’’.

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SEC. 11106. EMERGENCY RELIEF.

Section 125 of title 23, United States Code, is amended—
(1) in subsection (a)(1), by inserting ‘‘wildfire,’’ after ‘‘severe
storm,’’;
(2) by striking subsection (b) and inserting the following:
‘‘(b) RESTRICTION ON ELIGIBILITY.—Funds under this section
shall not be used for the repair or reconstruction of a bridge that
has been permanently closed to all vehicular traffic by the State
or responsible local official because of imminent danger of collapse
due to a structural deficiency or physical deterioration.’’; and
(3) in subsection (d)—
(A) in paragraph (2)(A)—
(i) by striking the period at the end and inserting
‘‘; and’’;
(ii) by striking ‘‘a facility that meets the current’’
and inserting the following: ‘‘a facility that—
‘‘(i) meets the current’’; and
(iii) by adding at the end the following:
‘‘(ii) incorporates economically justifiable improvements that will mitigate the risk of recurring damage
from extreme weather, flooding, and other natural
disasters.’’;
(B) by redesignating paragraph (3) as paragraph (4);
and
(C) by inserting after paragraph (2) the following:
‘‘(3) PROTECTIVE FEATURES.—
‘‘(A) IN GENERAL.—The cost of an improvement that
is part of a project under this section shall be an eligible
expense under this section if the improvement is a protective feature that will mitigate the risk of recurring damage
or the cost of future repair from extreme weather, flooding,
and other natural disasters.

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‘‘(B) PROTECTIVE FEATURES DESCRIBED.—A protective
feature referred to in subparagraph (A) includes—
‘‘(i) raising roadway grades;
‘‘(ii) relocating roadways in a floodplain to higher
ground above projected flood elevation levels or away
from slide prone areas;
‘‘(iii) stabilizing slide areas;
‘‘(iv) stabilizing slopes;
‘‘(v) lengthening or raising bridges to increase
waterway openings;
‘‘(vi) increasing the size or number of drainage
structures;
‘‘(vii) replacing culverts with bridges or upsizing
culverts;
‘‘(viii) installing seismic retrofits on bridges;
‘‘(ix) adding scour protection at bridges, installing
riprap, or adding other scour, stream stability, coastal,
or other hydraulic countermeasures, including spur
dikes; and
‘‘(x) the use of natural infrastructure to mitigate
the risk of recurring damage or the cost of future
repair from extreme weather, flooding, and other natural disasters.’’.

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SEC. 11107. FEDERAL SHARE PAYABLE.

Section 120 of title 23, United States Code, is amended—
(1) in subsection (c)—
(A) in paragraph (1), in the first sentence, by inserting
‘‘vehicle-to-infrastructure communication equipment,’’ after
‘‘breakaway utility poles,’’;
(B) in subparagraph (3)(B)—
(i) in clause (v), by striking ‘‘or’’ at the end;
(ii) by redesignating clause (vi) as clause (vii); and
(iii) by inserting after clause (v) the following:
‘‘(vi) contractual provisions that provide safety
contingency funds to incorporate safety enhancements
to work zones prior to or during roadway construction
activities; or’’; and
(C) by adding at the end the following:
‘‘(4) POOLED FUNDING.—Notwithstanding any other provision of law, the Secretary may waive the non-Federal share
of the cost of a project or activity under section 502(b)(6) that
is carried out with amounts apportioned under section 104(b)(2)
after considering appropriate factors, including whether—
‘‘(A) decreasing or eliminating the non-Federal share
would best serve the interests of the Federal-aid highway
program; and
‘‘(B) the project or activity addresses national or
regional high priority research, development, and technology transfer problems in a manner that would benefit
multiple States or metropolitan planning organizations.’’;
(2) in subsection (e)—
(A) in paragraph (1), by striking ‘‘180 days’’ and
inserting ‘‘270 days’’; and
(B) in paragraph (4), by striking ‘‘permanent’’; and
(3) by adding at the end the following:
‘‘(l) FEDERAL SHARE FLEXIBILITY PILOT PROGRAM.—

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‘‘(1) ESTABLISHMENT.—Not later than 180 days after the
date of enactment of the Surface Transportation Reauthorization Act of 2021, the Secretary shall establish a pilot program
(referred to in this subsection as the ‘pilot program’) to give
States additional flexibility with respect to the Federal requirements under this section.
‘‘(2) PROGRAM.—
‘‘(A) IN GENERAL.—Notwithstanding any other provision of law, a State participating in the pilot program
(referred to in this subsection as a ‘participating State’)
may determine the Federal share on a project, multipleproject, or program basis for projects under any of the
following:
‘‘(i) The national highway performance program
under section 119.
‘‘(ii) The surface transportation block grant program under section 133.
‘‘(iii) The highway safety improvement program
under section 148.
‘‘(iv) The congestion mitigation and air quality
improvement program under section 149.
‘‘(v) The national highway freight program under
section 167.
‘‘(vi) The carbon reduction program under section
175.
‘‘(vii) Subsection (c) of the PROTECT program
under section 176.
‘‘(B) REQUIREMENTS.—
‘‘(i) MAXIMUM FEDERAL SHARE.—Subject to clause
(iii), the Federal share of the cost of an individual
project carried out under a program described in
subparagraph (A) by a participating State and to which
the participating State is applying the Federal share
requirements under the pilot program may be up to
100 percent.
‘‘(ii) MINIMUM FEDERAL SHARE.—No individual
project carried out under a program described in
subparagraph (A) by a participating State and to which
the participating State is applying the Federal share
requirements under the pilot program shall have a
Federal share of 0 percent.
‘‘(iii) DETERMINATION.—The average annual Federal share of the total cost of all projects authorized
under a program described in subparagraph (A) to
which a participating State is applying the Federal
share requirements under the pilot program shall be
not more than the average of the maximum Federal
share of those projects if those projects were not carried
out under the pilot program.
‘‘(C) SELECTION.—
‘‘(i) APPLICATION.—A State seeking to be a participating State shall—
‘‘(I) submit to the Secretary an application
in such form, at such time, and containing such
information as the Secretary may require; and
‘‘(II) have in place adequate financial controls
to allow the State to determine the average annual

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Deadline.

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Federal share requirements under the pilot program.
‘‘(ii) REQUIREMENT.—For each of fiscal years 2022
through 2026, the Secretary shall select not more than
10 States to be participating States.’’.
SEC. 11108. RAILWAY-HIGHWAY GRADE CROSSINGS.

(a) IN GENERAL.—Section 130(e) of title 23, United States Code,
is amended—
(1) in the heading, by striking ‘‘PROTECTIVE DEVICES’’ and
inserting ‘‘RAILWAY-HIGHWAY GRADE CROSSINGS’’; and
(2) in paragraph (1)—
(A) in subparagraph (A), by striking ‘‘and the installation of protective devices at railway-highway crossings’’
in the matter preceding clause (i) and all that follows
through ‘‘2020.’’ in clause (v) and inserting the following:
‘‘, the installation of protective devices at railway-highway
crossings, the replacement of functionally obsolete warning
devices, and as described in subparagraph (B), not less
than $245,000,000 for each of fiscal years 2022 through
2026.’’; and
(B) by striking subparagraph (B) and inserting the
following:
TRESPASSING
FATALITIES
AND
‘‘(B)
REDUCING
INJURIES.—A State may use funds set aside under subparagraph (A) for projects to reduce pedestrian fatalities and
injuries from trespassing at grade crossings.’’.
(b) FEDERAL SHARE.—Section 130(f)(3) of title 23, United States
Code, is amended by striking ‘‘90 percent’’ and inserting ‘‘100 percent’’.
(c) INCENTIVE PAYMENTS FOR AT-GRADE CROSSING CLOSURES.—
Section 130(i)(3)(B) of title 23, United States Code, is amended
by striking ‘‘$7,500’’ and inserting ‘‘$100,000’’.
(d) EXPENDITURE OF FUNDS.—Section 130(k) of title 23, United
States Code, is amended by striking ‘‘2 percent’’ and inserting
‘‘8 percent’’.
(e) GAO STUDY.—Not later than 3 years after the date of
enactment of this Act, the Comptroller General of the United States
shall submit to Congress a report that includes an analysis of
the effectiveness of the railway-highway crossings program under
section 130 of title 23, United States Code.
(f) SENSE OF CONGRESS RELATING TO TRESPASSER DEATHS
ALONG RAILROAD RIGHTS-OF-WAY.—It is the sense of Congress that
the Department should, where feasible, coordinate departmental
efforts to prevent or reduce trespasser deaths along railroad rightsof-way and at or near railway-highway crossings.

Reports.
Analysis.

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SEC. 11109. SURFACE TRANSPORTATION BLOCK GRANT PROGRAM.

(a) IN GENERAL.—Section 133 of title 23, United States Code,
is amended—
(1) in subsection (b)—
(A) in paragraph (1)—
(i) in subparagraph (B)—
(I) by adding ‘‘or’’ at the end;
(II) by striking ‘‘facilities eligible’’ and
inserting the following: ‘‘facilities—
‘‘(i) that are eligible’’; and
(III) by adding at the end the following:

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‘‘(ii) that are privately or majority-privately owned,
but that the Secretary determines provide a substantial
public transportation benefit or otherwise meet the
foremost needs of the surface transportation system
described in section 101(b)(3)(D);’’;
(ii) in subparagraph (E), by striking ‘‘and’’ at the
end;
(iii) in subparagraph (F), by striking the period
at the end and inserting ‘‘; and’’; and
(iv) by adding at the end the following:
‘‘(G) wildlife crossing structures.’’;
(B) in paragraph (3), by inserting ‘‘148(a)(4)(B)(xvii),’’
after ‘‘119(g),’’;
(C) by redesignating paragraphs (4) through (15) as
paragraphs (5), (6), (7), (8), (9), (10), (11), (12), (13), (20),
(21), and (22), respectively;
(D) in paragraph (5) (as so redesignated), by striking
‘‘railway-highway grade crossings’’ and inserting ‘‘projects
eligible under section 130 and installation of safety barriers
and nets on bridges’’;
(E) in paragraph (7) (as so redesignated)—
(i) by inserting ‘‘including the maintenance and
restoration of existing recreational trails,’’ after ‘‘section 206’’; and
(ii) by striking ‘‘the safe routes to school program
under section 1404 of SAFETEA–LU (23 U.S.C. 402
note)’’ and inserting ‘‘the safe routes to school program
under section 208’’;
(F) by inserting after paragraph (13) (as so redesignated) the following:
‘‘(14) Projects and strategies designed to reduce the number
of wildlife-vehicle collisions, including project-related planning,
design, construction, monitoring, and preventative maintenance.
‘‘(15) The installation of electric vehicle charging infrastructure and vehicle-to-grid infrastructure.
‘‘(16) The installation and deployment of current and
emerging intelligent transportation technologies, including the
ability of vehicles to communicate with infrastructure,
buildings, and other road users.
‘‘(17) Planning and construction of projects that facilitate
intermodal connections between emerging transportation technologies, such as magnetic levitation and hyperloop.
‘‘(18) Protective features, including natural infrastructure,
to enhance the resilience of a transportation facility otherwise
eligible for assistance under this section.
‘‘(19) Measures to protect a transportation facility otherwise
eligible for assistance under this section from cybersecurity
threats.’’; and
(G) by adding at the end the following:
‘‘(23) Rural barge landing, dock, and waterfront infrastructure projects in accordance with subsection (j).
‘‘(24) Projects to enhance travel and tourism.’’;
(2) in subsection (c)—
(A) in paragraph (2), by striking ‘‘paragraphs (4)
through (11)’’ and inserting ‘‘paragraphs (5) through (15)
and paragraph (23)’’;

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(B) in paragraph (3), by striking ‘‘and’’ at the end;
(C) by redesignating paragraph (4) as paragraph (5);

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and
(D) by inserting after paragraph (3) the following:
‘‘(4) for a bridge project for the replacement of a low water
crossing (as defined by the Secretary) with a bridge; and’’;
(3) in subsection (d)—
(A) in paragraph (1)—
(i) in the matter preceding subparagraph (A), by
striking ‘‘reservation’’ and inserting ‘‘set aside’’; and
(ii) in subparagraph (A)—
(I) in the matter preceding clause (i), by
striking ‘‘the percentage specified in paragraph (6)
for a fiscal year’’ and inserting ‘‘55 percent for
each of fiscal years 2022 through 2026’’; and
(II) by striking clauses (ii) and (iii) and
inserting the following:
‘‘(ii) in urbanized areas of the State with an urbanized area population of not less than 50,000 and not
more than 200,000;
‘‘(iii) in urban areas of the State with a population
not less than 5,000 and not more than 49,999; and
‘‘(iv) in other areas of the State with a population
less than 5,000; and’’;
(B) by striking paragraph (3) and inserting the following:
‘‘(3) LOCAL CONSULTATION.—
‘‘(A) CONSULTATION WITH METROPOLITAN PLANNING
ORGANIZATIONS.—For purposes of clause (ii) of paragraph
(1)(A), a State shall—
‘‘(i) establish a process to consult with all metropolitan planning organizations in the State that represent an urbanized area described in that clause;
and
‘‘(ii) describe how funds allocated for areas
described in that clause will be allocated equitably
among the applicable urbanized areas during the
period of fiscal years 2022 through 2026.
‘‘(B) CONSULTATION WITH REGIONAL TRANSPORTATION
PLANNING ORGANIZATIONS.—For purposes of clauses (iii)
and (iv) of paragraph (1)(A), before obligating funding
attributed to an area with a population less than 50,000,
a State shall consult with the regional transportation planning organizations that represent the area, if any.’’; and
(C) by striking paragraph (6);
(4) in subsection (e)(1), in the matter preceding subparagraph (A), by striking ‘‘fiscal years 2016 through 2020’’ and
inserting ‘‘fiscal years 2022 through 2026’’;
(5) in subsection (f)—
(A) in paragraph (1)—
(i) by inserting ‘‘or low water crossing (as defined
by the Secretary)’’ after ‘‘a highway bridge’’; and
(ii) by inserting ‘‘or low water crossing (as defined
by the Secretary)’’ after ‘‘other than a bridge’’;
(B) in paragraph (2)(A)—
(i) by striking ‘‘activities described in subsection
(b)(2) for off-system bridges’’ and inserting ‘‘activities

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Determination.

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described in paragraphs (1)(A) and (10) of subsection
(b) for off-system bridges, projects and activities
described in subsection (b)(1)(A) for the replacement
of low water crossings with bridges, and projects and
activities described in subsection (b)(10) for low water
crossings (as defined by the Secretary),’’; and
(ii) by striking ‘‘15 percent’’ and inserting ‘‘20 percent’’; and
(C) in paragraph (3), in the matter preceding subparagraph (A)—
(i) by striking ‘‘bridge or rehabilitation of a bridge’’
and inserting ‘‘bridge, rehabilitation of a bridge, or
replacement of a low water crossing (as defined by
the Secretary) with a bridge’’; and
(ii) by inserting ‘‘or, in the case of a replacement
of a low water crossing with a bridge, is determined
by the Secretary on completion to have improved the
safety of the location’’ after ‘‘no longer a deficient
bridge’’;
(6) in subsection (g)—
(A) in the subsection heading, by striking ‘‘LESS THAN
5,000’’ and inserting ‘‘LESS THAN 50,000’’; and
(B) by striking paragraph (1) and inserting the following:
‘‘(1) IN GENERAL.—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 clauses
(iii) and (iv) of subsection (d)(1)(A) for each fiscal year may
be obligated on—
‘‘(A) roads functionally classified as rural minor collectors or local roads; or
‘‘(B) on critical rural freight corridors designated under
section 167(e).’’; and
(7) by adding at the end the following:
‘‘(j) RURAL BARGE LANDING, DOCK, AND WATERFRONT INFRASTRUCTURE PROJECTS.—
‘‘(1) IN GENERAL.—A State may use not more than 5 percent
of the funds apportioned to the State under section 104(b)(2)
for eligible rural barge landing, dock, and waterfront infrastructure projects described in paragraph (2).
‘‘(2) ELIGIBLE PROJECTS.—An eligible rural barge landing,
dock, or waterfront infrastructure project referred to in paragraph (1) is a project for the planning, designing, engineering,
or construction of a barge landing, dock, or other waterfront
infrastructure in a rural community or a Native village (as
defined in section 3 of the Alaska Native Claims Settlement
Act (43 U.S.C. 1602)) that is off the road system.
‘‘(k) PROJECTS IN RURAL AREAS.—
‘‘(1) SET ASIDE.—Notwithstanding subsection (c), in addition
to the activities described in subsections (b) and (g), of the
amounts apportioned to a State for each fiscal year to carry
out this section, not more than 15 percent may be—
‘‘(A) used on eligible projects under subsection (b) or
maintenance activities on roads functionally classified as
rural minor collectors or local roads, ice roads, or seasonal
roads; or
‘‘(B) transferred to—

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135 STAT. 465

‘‘(i) the Appalachian Highway System Program
under 14501 of title 40; or
‘‘(ii) the Denali access system program under section 309 of the Denali Commission Act of 1998 (42
U.S.C. 3121 note; Public Law 105–277).
‘‘(2) SAVINGS CLAUSE.—Amounts allocated under subsection
(d) shall not be used to carry out this subsection, except at
the request of the applicable metropolitan planning organization.’’.
(b) SET-ASIDE.—
(1) IN GENERAL.—Section 133(h) of title 23, United States
Code, is amended—
(A) in paragraph (1)—
(i) in the heading, by striking ‘‘RESERVATION OF
FUNDS’’ and inserting ‘‘IN GENERAL’’; and
(ii) in the matter preceding subparagraph (A), by
striking ‘‘for each fiscal year’’ and all that follows
through ‘‘and’’ at the end of subparagraph (A)(ii) and
inserting the following: ‘‘for fiscal year 2022 and each
fiscal year thereafter—
‘‘(A) the Secretary shall set aside an amount equal
to 10 percent to carry out this subsection; and’’;
(B) by striking paragraph (2) and inserting the following:
‘‘(2) ALLOCATION WITHIN A STATE.—
‘‘(A) IN GENERAL.—Except as provided in subparagraph
(B), funds set aside 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))—
‘‘(i) for fiscal year 2022 and each fiscal year thereafter, the percentage referred to in paragraph (1)(A)
of that subsection shall be deemed to be 59 percent;
and
‘‘(ii) paragraph (3) of subsection (d) shall not apply.
‘‘(B) LOCAL CONTROL.—A State may allocate up to 100
percent of the funds referred to in subparagraph (A)(i)
if—
‘‘(i) the State submits to the Secretary a plan that
describes—
‘‘(I) how funds will be allocated to counties,
metropolitan planning organizations, regional
transportation planning organizations as described
in section 135(m), or local governments;
‘‘(II) how the entities described in subclause
(I) will carry out a competitive process to select
projects for funding and report selected projects
to the State;
‘‘(III) the legal, financial, and technical
capacity of the entities described in subclause (I);
‘‘(IV) how input was gathered from the entities
described in subclause (I) to ensure those entities
will be able to comply with the requirements of
this subsection; and
‘‘(V) how the State will comply with paragraph
(8); and

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135 STAT. 466

PUBLIC LAW 117–58—NOV. 15, 2021
‘‘(ii) the Secretary approves the plan submitted
under clause (i).’’;
(C) by striking paragraph (3) and inserting the following:
‘‘(3) ELIGIBLE PROJECTS.—Funds set aside under this subsection may be obligated for—
‘‘(A) projects or activities described in section 101(a)(29)
or 213, as those provisions were in effect on the day before
the date of enactment of the FAST Act (Public Law 114–
94; 129 Stat. 1312);
‘‘(B) projects and activities under the safe routes to
school program under section 208; and
‘‘(C) activities in furtherance of a vulnerable road user
safety assessment (as defined in section 148(a)).’’;
(D) in paragraph (4)—
(i) by striking subparagraph (A);
(ii) by redesignating subparagraph (B) as subparagraph (A);
(iii) in subparagraph (A) (as so redesignated)—
(I) by redesignating clauses (vii) and (viii) as
clauses (viii) and (ix), respectively;
(II) by inserting after clause (vi) the following:
‘‘(vii) a metropolitan planning organization that
serves an urbanized area with a population of 200,000
or fewer;’’;
(III) in clause (viii) (as so redesignated), by
striking ‘‘responsible’’ and all that follows through
‘‘programs; and’’ and inserting a semicolon;
(IV) in clause (ix) (as so redesignated)—
(aa) by inserting ‘‘that serves an urbanized
area with a population of over 200,000’’ after
‘‘metropolitan planning organization’’; and
(bb) by striking the period at the end and
inserting ‘‘; and’’; and
(V) by adding at the end the following:
‘‘(x) a State, at the request of an entity described
in clauses (i) through (ix).’’; and
(iv) by adding at the end the following:
‘‘(B) COMPETITIVE PROCESS.—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.
‘‘(C) SELECTION.—A metropolitan planning organization for an area described in subsection (d)(1)(A)(i) shall
select projects under the competitive process described in
subparagraph (B) in consultation with the relevant State.
‘‘(D)
PRIORITIZATION.—The
competitive
process
described in subparagraph (B) shall include prioritization
of project location and impact in high-need areas as defined
by the State, such as low-income, transit-dependent, rural,
or other areas.’’;
(E) in paragraph (5)(A), by striking ‘‘reserved under
this section’’ and inserting ‘‘set aside under this subsection’’;
(F) in paragraph (6)—
(i) in subparagraph (B), by striking ‘‘reserved’’ and
inserting ‘‘set aside’’; and

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(ii) by adding at the end the following:
‘‘(C) IMPROVING ACCESSIBILITY AND EFFICIENCY.—
‘‘(i) IN GENERAL.—A State may use an amount
equal to not more than 5 percent of the funds set
aside for the State under this subsection, after allocating funds in accordance with paragraph (2)(A), to
improve the ability of applicants to access funding
for projects under this subsection in an efficient and
expeditious manner by providing—
‘‘(I) to applicants for projects under this subsection application assistance, technical assistance,
and assistance in reducing the period of time
between the selection of the project and the obligation of funds for the project; and
‘‘(II) funding for 1 or more full-time State
employee positions to administer this subsection.
‘‘(ii) USE OF FUNDS.—Amounts used under clause
(i) may be expended—
‘‘(I) directly by the State; or
‘‘(II) through contracts with State agencies,
private entities, or nonprofit entities.’’;
(G) by redesignating paragraph (7) as paragraph (8);
(H) by inserting after paragraph (6) the following:
‘‘(7) FEDERAL SHARE.—
‘‘(A) REQUIRED AGGREGATE NON-FEDERAL SHARE.—The
average annual non-Federal share of the total cost of all
projects for which funds are obligated under this subsection
in a State for a fiscal year shall be not less than the
average non-Federal share of the cost of the projects that
would otherwise apply.
‘‘(B) FLEXIBLE FINANCING.—Subject to subparagraph
(A), notwithstanding section 120—
‘‘(i) funds made available to carry out section 148
may be credited toward the non-Federal share of the
costs of a project under this subsection if the project—
‘‘(I) is an eligible project described in section
148(e)(1); and
‘‘(II) is consistent with the State strategic highway safety plan (as defined in section 148(a));
‘‘(ii) the non-Federal share for a project under this
subsection may be calculated on a project, multipleproject, or program basis; and
‘‘(iii) the Federal share of the cost of an individual
project in this section may be up to 100 percent.
‘‘(C) REQUIREMENT.—Subparagraph (B) shall only
apply to a State if the State has adequate financial controls,
as certified by the Secretary, to account for the average
annual non-Federal share under this paragraph.’’; and
(I) in subparagraph (A) of paragraph (8) (as so redesignated)—
(i) in the matter preceding clause (i), by striking
‘‘describes’’ and inserting ‘‘includes’’; and
(ii) by striking clause (ii) and inserting the following:
‘‘(ii) a list of each project selected for funding for
each fiscal year, including, for each project—

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Certification.

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PUBLIC LAW 117–58—NOV. 15, 2021
‘‘(I) the fiscal year during which the project
was selected;
‘‘(II) the fiscal year in which the project is
anticipated to be funded;
‘‘(III) the recipient;
‘‘(IV) the location, including the congressional
district;
‘‘(V) the type;
‘‘(VI) the cost; and
‘‘(VII) a brief description.’’.
(2) STATE TRANSFERABILITY.—Section 126(b)(2) of title 23,
United States Code, is amended—
(A) by striking the period at the end and inserting
‘‘; and’’;
(B) by striking ‘‘reserved for a State under section
133(h) for a fiscal year may’’ and inserting the following:
‘‘set aside for a State under section 133(h) for a fiscal
year—
‘‘(A) may’’; and
(C) by adding at the end the following:
‘‘(B) may only be transferred if the Secretary certifies
that the State—
‘‘(i) held a competition in compliance with the guidance issued to carry out section 133(h) and provided
sufficient time for applicants to apply;
‘‘(ii) offered to each eligible entity, and provided
on request of an eligible entity, technical assistance;
and
‘‘(iii) demonstrates that there were not sufficiently
suitable applications from eligible entities to use the
funds to be transferred.’’.

Certification.

SEC.

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Reviews.

Transfer
authority.

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11110.

NATIONALLY
PROJECTS.

SIGNIFICANT

FREIGHT

AND

HIGHWAY

(a) IN GENERAL.—Section 117 of title 23, United States Code,
is amended—
(1) in the section heading, by inserting ‘‘multimodal’’
before ‘‘freight’’;
(2) in subsection (a)(2)—
(A) in subparagraph (A), by inserting ‘‘in and across
rural and urban areas’’ after ‘‘people’’;
(B) in subparagraph (C), by inserting ‘‘or freight’’ after
‘‘highway’’;
(C) in subparagraph (E), by inserting ‘‘or freight’’ after
‘‘highway’’; and
(D) in subparagraph (F), by inserting ‘‘, including highways that support movement of energy equipment’’ after
‘‘security’’;
(3) in subsection (b), by adding at the end the following:
‘‘(3) GRANT ADMINISTRATION.—The Secretary may—
‘‘(A) retain not more than a total of 2 percent of the
funds made available to carry out this section for the
National Surface Transportation and Innovative Finance
Bureau to review applications for grants under this section;
and
‘‘(B) transfer portions of the funds retained under
subparagraph (A) to the relevant Administrators to fund

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the award and oversight of grants provided under this
section.’’;
(4) in subsection (c)(1)—
(A) by redesignating subparagraph (H) as subparagraph (I); and
(B) by inserting after subparagraph (G) the following:
‘‘(H) A multistate corridor organization.’’;
(5) in subsection (d)—
(A) in paragraph (1)(A)—
(i) in clause (iii)(II), by striking ‘‘or’’ at the end;
(ii) in clause (iv), by striking ‘‘and’’ at the end;
and
(iii) by adding at the end the following:
‘‘(v) a wildlife crossing project;
‘‘(vi) a surface transportation infrastructure project
that—
‘‘(I) is located within the boundaries of or functionally connected to an international border
crossing area in the United States;
‘‘(II) improves a transportation facility owned
by a Federal, State, or local government entity;
and
‘‘(III) increases throughput efficiency of the
border crossing described in subclause (I),
including—
‘‘(aa) a project to add lanes;
‘‘(bb) a project to add technology; and
‘‘(cc) other surface transportation improvements;
‘‘(vii) a project for a marine highway corridor designated by the Secretary under section 55601(c) of
title 46 (including an inland waterway corridor), if
the Secretary determines that the project—
‘‘(I) is functionally connected to the National
Highway Freight Network; and
‘‘(II) is likely to reduce on-road mobile source
emissions; or
‘‘(viii) a highway, bridge, or freight project carried
out on the National Multimodal Freight Network established under section 70103 of title 49; and’’; and
(B) in paragraph (2)(A), in the matter preceding clause
(i)—
(i) by striking ‘‘$600,000,000’’ and inserting ‘‘30
percent’’; and
(ii) by striking ‘‘fiscal years 2016 through 2020,
in the aggregate,’’ and inserting ‘‘each of fiscal years
2022 through 2026’’;
(6) in subsection (e)—
(A) in paragraph (1), by striking ‘‘10 percent’’ and
inserting ‘‘not less than 15 percent’’;
(B) in paragraph (3)—
(i) in subparagraph (A), by striking ‘‘and’’ at the
end;
(ii) in subparagraph (B), by striking the period
at the end and inserting ‘‘; and’’; and
(iii) by adding at the end the following:

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‘‘(C) the effect of the proposed project on safety on
freight corridors with significant hazards, such as high
winds, heavy snowfall, flooding, rockslides, mudslides, wildfire, wildlife crossing onto the roadway, or steep grades.’’;
and
(C) by adding at the end the following:
‘‘(4) REQUIREMENT.—Of the amounts reserved under paragraph (1), not less than 30 percent shall be used for projects
in rural areas (as defined in subsection (i)(3)).’’;
(7) in subsection (f)(2), by inserting ‘‘(including a project
to replace or rehabilitate a culvert, or to reduce stormwater
runoff for the purpose of improving habitat for aquatic species)’’
after ‘‘environmental mitigation’’;
(8) in subsection (h)—
(A) in paragraph (2), by striking ‘‘and’’ at the end;
(B) in paragraph (3), by striking the period at the
end and inserting a semicolon; and
(C) by adding at the end the following:
‘‘(4) enhancement of freight resilience to natural hazards
or disasters, including high winds, heavy snowfall, flooding,
rockslides, mudslides, wildfire, wildlife crossing onto the roadway, or steep grades;
‘‘(5) whether the project will improve the shared transportation corridor of a multistate corridor organization, if
applicable; and
‘‘(6) prioritizing projects located in States in which neither
the State nor an eligible entity in that State has been awarded
a grant under this section.’’;
(9) in subsection (i)(2), by striking ‘‘other grants under
this section’’ and inserting ‘‘grants under subsection (e)’’;
(10) in subsection (j)—
(A) by striking the subsection designation and heading
and all that follows through ‘‘The Federal share’’ in paragraph (1) and inserting the following:
‘‘(j) FEDERAL ASSISTANCE.—
‘‘(1) FEDERAL SHARE.—
‘‘(A) IN GENERAL.—Except as provided in subparagraph
(B) or for a grant under subsection (q), the Federal share’’;
(B) in paragraph (1), by adding at the end the following:
‘‘(B) SMALL PROJECTS.—In the case of a project
described in subsection (e)(1), the Federal share of the
cost of the project shall be 80 percent.’’; and
(C) in paragraph (2)—
(i) by striking ‘‘Federal assistance other’’ and
inserting ‘‘Except for grants under subsection (q), Federal assistance other’’; and
(ii) by striking ‘‘except that the total Federal’’ and
inserting the following: ‘‘except that—
‘‘(A) for a State with a population density of not more
than 80 persons per square mile of land area, based on
the 2010 census, the maximum share of the total Federal
assistance provided for a project receiving a grant under
this section shall be the applicable share under section
120(b); and
‘‘(B) for a State not described in subparagraph (A),
the total Federal’’;

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(11) by redesignating subsections (k) through (n) as subsections (l), (m), (n), and (p), respectively;
(12) by inserting after subsection (j) the following:
‘‘(k) EFFICIENT USE OF NON-FEDERAL FUNDS.—
‘‘(1) IN GENERAL.—Notwithstanding any other provision of
law and subject to approval by the Secretary under paragraph
(2)(B), in the case of any grant for a project under this section,
during the period beginning on the date on which the grant
recipient is selected and ending on the date on which the
grant agreement is signed—
‘‘(A) the grant recipient may obligate and expend nonFederal funds with respect to the project for which the
grant is provided; and
‘‘(B) any non-Federal funds obligated or expended in
accordance with subparagraph (A) shall be credited toward
the non-Federal cost share for the project for which the
grant is provided.
‘‘(2) REQUIREMENTS.—
‘‘(A) APPLICATION.—In order to obligate and expend
non-Federal funds under paragraph (1), the grant recipient
shall submit to the Secretary a request to obligate and
expend non-Federal funds under that paragraph,
including—
‘‘(i) a description of the activities the grant
recipient intends to fund;
‘‘(ii) a justification for advancing the activities
described in clause (i), including an assessment of the
effects to the project scope, schedule, and budget if
the request is not approved; and
‘‘(iii) the level of risk of the activities described
in clause (i).
‘‘(B) APPROVAL.—The Secretary shall approve or disapprove each request submitted under subparagraph (A).
‘‘(C) COMPLIANCE WITH APPLICABLE REQUIREMENTS.—
Any non-Federal funds obligated or expended under paragraph (1) shall comply with all applicable requirements,
including any requirements included in the grant agreement.
‘‘(3) EFFECT.—The obligation or expenditure of any nonFederal funds in accordance with this subsection shall not—
‘‘(A) affect the signing of a grant agreement or other
applicable grant procedures with respect to the applicable
grant;
‘‘(B) create an obligation on the part of the Federal
Government to repay any non-Federal funds if the grant
agreement is not signed; or
‘‘(C) affect the ability of the recipient of the grant
to obligate or expend non-Federal funds to meet the nonFederal cost share for the project for which the grant
is provided after the period described in paragraph (1).’’;
(13) in subsection (n) (as so redesignated), by striking paragraph (1) and inserting the following:
‘‘(1) IN GENERAL.—Not later than 60 days before the date
on which a grant is provided for a project under this section,
the Secretary shall submit to the Committees on Commerce,
Science, and Transportation and Environment and Public
Works of the Senate and the Committee on Transportation

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Reports.

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135 STAT. 472

and Infrastructure of the House of Representatives a report
describing the proposed grant, including—
‘‘(A) an evaluation and justification for the applicable
project; and
‘‘(B) a description of the amount of the proposed grant
award.’’;
(14) by inserting after subsection (n) (as so redesignated)
the following:
‘‘(o) APPLICANT NOTIFICATION.—
‘‘(1) IN GENERAL.—Not later than 60 days after the date
on which a grant recipient for a project under this section
is selected, the Secretary shall provide to each eligible applicant
not selected for that grant a written notification that the eligible
applicant was not selected.
‘‘(2) INCLUSION.—A written notification under paragraph
(1) shall include an offer for a written or telephonic debrief
by the Secretary that will provide—
‘‘(A) detail on the evaluation of the application of the
eligible applicant; and
‘‘(B) an explanation of and guidance on the reasons
the application was not selected for a grant under this
section.
‘‘(3) RESPONSE.—
‘‘(A) IN GENERAL.—Not later than 30 days after the
eligible applicant receives a written notification under paragraph (1), if the eligible applicant opts to receive a debrief
described in paragraph (2), the eligible applicant shall
notify the Secretary that the eligible applicant is requesting
a debrief.
‘‘(B) DEBRIEF.—If the eligible applicant submits a
request for a debrief under subparagraph (A), the Secretary
shall provide the debrief by not later than 60 days after
the date on which the Secretary receives the request for
a debrief.’’; and
(15) by striking subsection (p) (as so redesignated) and
inserting the following:
‘‘(p) REPORTS.—
‘‘(1) ANNUAL REPORT.—
‘‘(A) IN GENERAL.—Notwithstanding any other provision of law, not later than 30 days after the date on
which the Secretary selects a project for funding under
this section, 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 report that describes the reasons for selecting the project, based on any criteria established by the Secretary in accordance with this section.
‘‘(B) INCLUSIONS.—The report submitted under
subparagraph (A) shall specify each criterion established
by the Secretary that the project meets.
‘‘(C) AVAILABILITY.—The Secretary shall make available on the website of the Department of Transportation
the report submitted under subparagraph (A).
‘‘(D) APPLICABILITY.—This paragraph applies to all
projects described in subparagraph (A) that the Secretary
selects on or after October 1, 2021.
‘‘(2) COMPTROLLER GENERAL.—

Evaluation.

Deadlines.

Criteria.

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‘‘(A) ASSESSMENT.—The Comptroller General of the
United States shall conduct an assessment of the establishment, solicitation, selection, and justification process with
respect to the funding of projects under this section.
‘‘(B) REPORT.—Not later than 1 year after the date
of enactment of the Surface Transportation Reauthorization
Act of 2021 and annually thereafter, the Comptroller General of the United States 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 report that describes, for each
project selected to receive funding under this section—
‘‘(i) the process by which each project was selected;
‘‘(ii) the factors that went into the selection of
each project; and
‘‘(iii) the justification for the selection of each
project based on any criteria established by the Secretary in accordance with this section.
‘‘(3) INSPECTOR GENERAL.—Not later than 1 year after the
date of enactment of the Surface Transportation Reauthorization Act of 2021 and annually thereafter, the Inspector General
of the Department of Transportation shall—
‘‘(A) conduct an assessment of the establishment, solicitation, selection, and justification process with respect to
the funding of projects under this section; and
‘‘(B) 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 final report that describes the findings of
the Inspector General of the Department of Transportation
with respect to the assessment conducted under subparagraph (A).
‘‘(q) STATE INCENTIVES PILOT PROGRAM.—
‘‘(1) ESTABLISHMENT.—There is established a pilot program
to award grants to eligible applicants for projects eligible for
grants under this section (referred to in this subsection as
the ‘pilot program’).
‘‘(2) PRIORITY.—In awarding grants under the pilot program, the Secretary shall give priority to an application that
offers a greater non-Federal share of the cost of a project
relative to other applications under the pilot program.
‘‘(3) FEDERAL SHARE.—
‘‘(A) IN GENERAL.—Notwithstanding any other provision of law, the Federal share of the cost of a project
assisted with a grant under the pilot program may not
exceed 50 percent.
‘‘(B) NO FEDERAL INVOLVEMENT.—
‘‘(i) IN GENERAL.—For grants awarded under the
pilot program, except as provided in clause (ii), an
eligible applicant may not use Federal assistance to
satisfy the non-Federal share of the cost under
subparagraph (A).
‘‘(ii) EXCEPTION.—An eligible applicant may use
funds from a secured loan (as defined in section 601(a))
to satisfy the non-Federal share of the cost under
subparagraph (A) if the loan is repayable from nonFederal funds.

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Assessment.

Reports.

Grants.

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Applicability.

Assessment.

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Recommendations.

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‘‘(4) RESERVATION.—
‘‘(A) IN GENERAL.—Of the amounts made available to
provide grants under this section, the Secretary shall
reserve for each fiscal year $150,000,000 to provide grants
under the pilot program.
‘‘(B) UNUTILIZED AMOUNTS.—In any fiscal year during
which applications under this subsection are insufficient
to effect an award or allocation of the entire amount
reserved under subparagraph (A), the Secretary shall use
the unutilized amounts to provide other grants under this
section.
‘‘(5) SET-ASIDES.—
‘‘(A) SMALL PROJECTS.—
‘‘(i) IN GENERAL.—Of the amounts reserved under
paragraph (4)(A), the Secretary shall reserve for each
fiscal year not less than 10 percent for projects eligible
for a grant under subsection (e).
‘‘(ii) REQUIREMENT.—For a grant awarded from the
amount reserved under clause (i)—
‘‘(I) the requirements of subsection (e) shall
apply; and
‘‘(II) the requirements of subsection (g) shall
not apply.
‘‘(B) RURAL PROJECTS.—
‘‘(i) IN GENERAL.—Of the amounts reserved under
paragraph (4)(A), the Secretary shall reserve for each
fiscal year not less than 25 percent for projects eligible
for a grant under subsection (i).
‘‘(ii) REQUIREMENT.—For a grant awarded from the
amount reserved under clause (i), the requirements
of subsection (i) shall apply.
‘‘(6) REPORT TO CONGRESS.—Not later than 2 years after
the date of enactment of this subsection, the Secretary shall
submit to the Committee on Environment and Public Works
and 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 the administration of the pilot program, including—
‘‘(A) the number, types, and locations of eligible
applicants that have applied for grants under the pilot
program;
‘‘(B) the number, types, and locations of grant recipients under the pilot program;
‘‘(C) an assessment of whether implementation of the
pilot program has incentivized eligible applicants to offer
a greater non-Federal share for grants under the pilot
program; and
‘‘(D) any recommendations for modifications to the pilot
program.
‘‘(r) MULTISTATE CORRIDOR ORGANIZATION DEFINED.—For purposes of this section, the term ‘multistate corridor organization’
means an organization of a group of States developed through
cooperative agreements, coalitions, or other arrangements to promote regional cooperation, planning, and shared project
implementation for programs and projects to improve transportation
system management and operations for a shared transportation
corridor.

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‘‘(s) ADDITIONAL AUTHORIZATION OF APPROPRIATIONS.—In addition to amounts made available from the Highway Trust Fund,
there are authorized to be appropriated to carry out this section,
to remain available for a period of 3 fiscal years following the
fiscal year for which the amounts are appropriated—
‘‘(1) $1,000,000,000 for fiscal year 2022;
‘‘(2) $1,100,000,000 for fiscal year 2023;
‘‘(3) $1,200,000,000 for fiscal year 2024;
‘‘(4) $1,300,000,000 for fiscal year 2025; and
‘‘(5) $1,400,000,000 for fiscal year 2026.’’.
(b) CLERICAL AMENDMENT.—The analysis for chapter 1 of title
23, United States Code, is amended by striking the item relating
to section 117 and inserting the following:

23 USC 101 prec.

‘‘117. Nationally significant multimodal freight and highway projects.’’.

(c) EFFICIENT USE OF NON-FEDERAL FUNDS.—
(1) IN GENERAL.—Notwithstanding any other provision of
law, in the case of a grant described in paragraph (2), section
117(k) of title 23, United States Code, shall apply to the grant
as if the grant was a grant provided under that section.
(2) GRANT DESCRIBED.—A grant referred to in paragraph
(1) is a grant that is—
(A) provided under a competitive discretionary grant
program administered by the Federal Highway Administration;
(B) for a project eligible under title 23, United States
Code; and
(C) in an amount greater than $5,000,000.

23 USC 117 note.
Grants.
Applicability.

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SEC. 11111. HIGHWAY SAFETY IMPROVEMENT PROGRAM.

(a) IN GENERAL.—Section 148 of title 23, United States Code,
is amended—
(1) in subsection (a)—
(A) in paragraph (4)(B)—
(i) in clause (i), by inserting ‘‘that provides for
the safety of all road users, as appropriate, including
a multimodal roundabout’’ after ‘‘improvement’’;
(ii) in clause (vi), by inserting ‘‘or a grade separation project’’ after ‘‘devices’’;
(iii) by striking clause (viii) and inserting the following:
‘‘(viii) Construction or installation of features,
measures, and road designs to calm traffic and reduce
vehicle speeds.’’;
(iv) by striking clause (xxvi) and inserting the
following:
‘‘(xxvi) Installation or upgrades of traffic control
devices for pedestrians and bicyclists, including pedestrian hybrid beacons and the addition of bicycle movement phases to traffic signals.’’; and
(v) by striking clauses (xxvii) and (xxviii) and
inserting the following:
‘‘(xxvii) Roadway improvements that provide separation between pedestrians and motor vehicles or
between bicyclists and motor vehicles, including
medians, pedestrian crossing islands, protected bike
lanes, and protected intersection features.

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‘‘(xxviii) A pedestrian security feature designed to
slow or stop a motor vehicle.
‘‘(xxix) A physical infrastructure safety project not
described in clauses (i) through (xxviii).’’;
(B) by redesignating paragraphs (9) through (12) as
paragraphs (10), (12), (13), and (14), respectively;
(C) by inserting after paragraph (8) the following:
‘‘(9) SAFE SYSTEM APPROACH.—The term ‘safe system
approach’ means a roadway design—
‘‘(A) that emphasizes minimizing the risk of injury
or fatality to road users; and
‘‘(B) that—
‘‘(i) takes into consideration the possibility and
likelihood of human error;
‘‘(ii) accommodates human injury tolerance by
taking into consideration likely accident types,
resulting impact forces, and the ability of the human
body to withstand impact forces; and
‘‘(iii) takes into consideration vulnerable road
users.’’;
(D) by inserting after paragraph (10) (as so redesignated) the following:
‘‘(11) SPECIFIED SAFETY PROJECT.—
‘‘(A) IN GENERAL.—The term ‘specified safety project’
means a project carried out for the purpose of safety under
any other section of this title that is consistent with the
State strategic highway safety plan.
‘‘(B) INCLUSION.—The term ‘specified safety project’
includes a project that—
‘‘(i) promotes public awareness and informs the
public regarding highway safety matters (including
safety for motorcyclists, bicyclists, pedestrians, individuals with disabilities, and other road users);
‘‘(ii) facilitates enforcement of traffic safety laws;
‘‘(iii) provides infrastructure and infrastructurerelated equipment to support emergency services;
‘‘(iv) conducts safety-related research to evaluate
experimental safety countermeasures or equipment; or
‘‘(v) supports safe routes to school noninfrastructure-related activities described in section 208(g)(2).’’;
(E) in paragraph (13) (as so redesignated)—
(i) by redesignating subparagraphs (G), (H), and
(I) as subparagraphs (H), (I), and (J), respectively;
and
(ii) by inserting after subparagraph (F) the following;
‘‘(G) includes a vulnerable road user safety assessment;’’; and
(F) by adding at the end the following:
‘‘(15) VULNERABLE ROAD USER.—The term ‘vulnerable road
user’ means a nonmotorist—
‘‘(A) with a fatality analysis reporting system person
attribute code that is included in the definition of the
term ‘number of non-motorized fatalities’ in section 490.205
of title 23, Code of Federal Regulations (or successor regulations); or

Definition.

Definition.

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Definitions.

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135 STAT. 477

‘‘(B) described in the term ‘number of non-motorized
serious injuries’ in that section.
‘‘(16) VULNERABLE ROAD USER SAFETY ASSESSMENT.—The
term ‘vulnerable road user safety assessment’ means an assessment of the safety performance of the State with respect to
vulnerable road users and the plan of the State to improve
the safety of vulnerable road users as described in subsection
(l).’’;
(2) in subsection (c)—
(A) in paragraph (1)(A), by striking ‘‘subsections
(a)(11)’’ and inserting ‘‘subsections (a)(13)’’; and
(B) in paragraph (2)—
(i) in subparagraph (A)(vi), by inserting ‘‘and to
differentiate the safety data for vulnerable road users,
including bicyclists, motorcyclists, and pedestrians,
from other road users’’ after ‘‘crashes’’;
(ii) in subparagraph (B)(i), by striking ‘‘(including
motorcyclists), bicyclists, pedestrians,’’ and inserting
‘‘, vulnerable road users (including motorcyclists,
bicyclists, pedestrians),’’; and
(iii) in subparagraph (D)—
(I) in clause (iv), by striking ‘‘and’’ at the end;
(II) in clause (v), by striking the semicolon
at the end and inserting ‘‘; and’’; and
(III) by adding at the end the following:
‘‘(vi) improves the ability of the State to differentiate the fatalities and serious injuries of vulnerable
road users, including bicyclists, motorcyclists, and
pedestrians, from other road users;’’;
(3) in subsection (d)(2)(B)(i), by striking ‘‘subsection (a)(11)’’
and inserting ‘‘subsection (a)(13)’’;
(4) in subsection (e), by adding at the end the following:
‘‘(3) FLEXIBLE FUNDING FOR SPECIFIED SAFETY PROJECTS.—
‘‘(A) IN GENERAL.—To advance the implementation of
a State strategic highway safety plan, a State may use
not more than 10 percent of the amounts apportioned to
the State under section 104(b)(3) for a fiscal year to carry
out specified safety projects.
‘‘(B) RULE OF CONSTRUCTION.—Nothing in this paragraph requires a State to revise any State process, plan,
or program in effect on the date of enactment of this
paragraph.
‘‘(C) EFFECT OF PARAGRAPH.—
‘‘(i) REQUIREMENTS.—A project carried out under
this paragraph shall be subject to all requirements
under this section that apply to a highway safety
improvement project.
‘‘(ii) OTHER APPORTIONED PROGRAMS.—Nothing in
this paragraph prohibits the use of funds made available under other provisions of this title for a specified
safety project that is a noninfrastructure project.’’;
(5) in subsection (g), by adding at the end the following:
‘‘(3) VULNERABLE ROAD USER SAFETY.—If the total annual
fatalities of vulnerable road users in a State represents not
less than 15 percent of the total annual crash fatalities in
the State, that State shall be required to obligate not less
than 15 percent of the amounts apportioned to the State under

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Deadline.

Analysis.
Data.

Strategies.

Consultation.

Deadline.

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Deadlines.
Updates.
23 USC 148 note.

Web posting.

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PUBLIC LAW 117–58—NOV. 15, 2021
section 104(b)(3) for the following fiscal year for highway safety
improvement projects to address the safety of vulnerable road
users.’’; and
(6) by adding at the end the following:
‘‘(l) VULNERABLE ROAD USER SAFETY ASSESSMENT.—
‘‘(1) IN GENERAL.—Not later than 2 years after the date
of enactment of this subsection, each State shall complete a
vulnerable road user safety assessment.
‘‘(2) CONTENTS.—A vulnerable road user safety assessment
under paragraph (1) shall include—
‘‘(A) a quantitative analysis of vulnerable road user
fatalities and serious injuries that—
‘‘(i) includes data such as location, roadway functional classification, design speed, speed limit, and time
of day;
‘‘(ii) considers the demographics of the locations
of fatalities and serious injuries, including race, ethnicity, income, and age; and
‘‘(iii) based on the data, identifies areas as ‘highrisk’ to vulnerable road users; and
‘‘(B) a program of projects or strategies to reduce safety
risks to vulnerable road users in areas identified as highrisk under subparagraph (A)(iii).
‘‘(3) USE OF DATA.—In carrying out a vulnerable road user
safety assessment under paragraph (1), a State shall use data
from the most recent 5-year period for which data is available.
‘‘(4) REQUIREMENTS.—In carrying out a vulnerable road
user safety assessment under paragraph (1), a State shall—
‘‘(A) take into consideration a safe system approach;
and
‘‘(B) consult with local governments, metropolitan planning organizations, and regional transportation planning
organizations that represent a high-risk area identified
under paragraph (2)(A)(iii).
‘‘(5) UPDATE.—A State shall update the vulnerable road
user safety assessment of the State in accordance with the
updates required to the State strategic highway safety plan
under subsection (d).
‘‘(6) REQUIREMENT FOR TRANSPORTATION SYSTEM ACCESS.—
The program of projects developed under paragraph (2)(B) may
not degrade transportation system access for vulnerable road
users.
‘‘(7) GUIDANCE.—
‘‘(A) IN GENERAL.—Not later than 1 year after the
date of enactment of this subsection, the Secretary shall
develop guidance for States to carry out this subsection.
‘‘(B) CONSULTATION.—In developing the guidance under
this paragraph, the Secretary shall consult with the States
and relevant safety stakeholders.’’.
(b) HIGH-RISK RURAL ROADS.—
(1) STUDY.—Not later than 2 years after the date of enactment of this Act, the Secretary shall update the study under
section 1112(b)(1) of MAP–21 (23 U.S.C. 148 note; Public Law
112–141).
(2) PUBLICATION OF REPORT.—Not later than 2 years after
the date of enactment of this Act, the Secretary shall publish
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to the report described in section 1112(b)(2) of MAP–21 (23
U.S.C. 148 note; Public Law 112–141).
(3) BEST PRACTICES MANUAL.—Not later than 180 days
after the date on which the report is published under paragraph
(2), the Secretary shall update the best practices manual
described in section 1112(b)(3) of MAP–21 (23 U.S.C. 148 note;
Public Law 112–141).
SEC. 11112. FEDERAL LANDS TRANSPORTATION PROGRAM.

Section 203(a) of title 23, United States Code, is amended—
(1) in paragraph (1)(D), by striking ‘‘$10,000,000’’ and
inserting ‘‘$20,000,000’’; and
(2) by adding at the end the following:
‘‘(6) NATIVE PLANT MATERIALS.—In carrying out an activity
described in paragraph (1), the entity carrying out the activity
shall consider, to the maximum extent practicable—
‘‘(A) the use of locally adapted native plant materials;
and
‘‘(B) designs that minimize runoff and heat generation.’’.
SEC. 11113. FEDERAL LANDS ACCESS PROGRAM.

(a) FEDERAL SHARE.—Section 201 of title 23, United States
Code, is amended—
(1) in subsection (b)(7)(B), by striking ‘‘determined in
accordance with section 120’’, and inserting ‘‘be up to 100
percent’’; and
(2) in subsection (c)(8)(A), by striking ‘‘5 percent’’ and
inserting ‘‘20 percent’’.
(b) FEDERAL LANDS ACCESS PROGRAM.—Section 204(a) of title
23, United States Code, is amended—
(1) in paragraph (1)(A)—
(A) in the matter preceding clause (i), by inserting
‘‘context-sensitive solutions,’’ after ‘‘restoration,’’;
(B) in clause (i), by inserting ‘‘, including interpretive
panels in or adjacent to those areas’’ after ‘‘areas’’;
(C) in clause (v), by striking ‘‘and’’ at the end;
(D) by redesignating clause (vi) as clause (ix); and
(E) by inserting after clause (v) the following:
‘‘(vi) contextual wayfinding markers;
‘‘(vii) landscaping;
‘‘(viii) cooperative mitigation of visual blight,
including screening or removal; and’’; and
(2) by adding at the end the following:
‘‘(6) NATIVE PLANT MATERIALS.—In carrying out an activity
described in paragraph (1), the Secretary shall ensure that
the entity carrying out the activity considers, to the maximum
extent practicable—
‘‘(A) the use of locally adapted native plant materials;
and
‘‘(B) designs that minimize runoff and heat generation.’’.

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SEC. 11114. NATIONAL HIGHWAY FREIGHT PROGRAM.

Section 167 of title 23, United States Code, is amended—
(1) in subsection (e)—
(A) in paragraph (2), by striking ‘‘150 miles’’ and
inserting ‘‘300 miles’’; and

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PUBLIC LAW 117–58—NOV. 15, 2021
(B) by adding at the end the following:
‘‘(3) RURAL STATES.—Notwithstanding paragraph (2), a
State with a population per square mile of area that is less
than the national average, based on the 2010 census, may
designate as critical rural freight corridors a maximum of 600
miles of highway or 25 percent of the primary highway freight
system mileage in the State, whichever is greater.’’;
(2) in subsection (f)(4), by striking ‘‘75 miles’’ and inserting
‘‘150 miles’’; and
(3) in subsection (i)(5)(B)—
(A) in the matter preceding clause (i), by striking ‘‘10
percent’’ and inserting ‘‘30 percent’’;
(B) in clause (i), by striking ‘‘and’’ at the end;
(C) in clause (ii), by striking the period at the end
and inserting a semicolon; and
(D) by adding at the end the following:
‘‘(iii) for the modernization or rehabilitation of a
lock and dam, if the Secretary determines that the
project—
‘‘(I) is functionally connected to the National
Highway Freight Network; and
‘‘(II) is likely to reduce on-road mobile source
emissions; and
‘‘(iv) on a marine highway corridor, connector, or
crossing designated by the Secretary under section
55601(c) of title 46 (including an inland waterway corridor, connector, or crossing), if the Secretary determines that the project—
‘‘(I) is functionally connected to the National
Highway Freight Network; and
‘‘(II) is likely to reduce on-road mobile source
emissions.’’.

Determinations.

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SEC. 11115. CONGESTION MITIGATION AND AIR QUALITY IMPROVEMENT PROGRAM.

Section 149 of title 23, United States Code, is amended—
(1) in subsection (b)—
(A) in the matter preceding paragraph (1), by striking
‘‘subsection (d)’’ and inserting ‘‘subsections (d) and
(m)(1)(B)(ii)’’
(B) in paragraph (7), by inserting ‘‘shared micromobility (including bikesharing and shared scooter systems),’’ after ‘‘carsharing,’’;
(C) in paragraph (8)—
(i) in subparagraph (A)—
(I) in the matter preceding clause (i), by
inserting ‘‘replacements or’’ before ‘‘retrofits’’;
(II) by striking clause (i) and inserting the
following:
‘‘(i) verified technologies (as defined in section 791
of the Energy Policy Act of 2005 (42 U.S.C. 16131))
for motor vehicles (as defined in section 216 of the
Clean Air Act (42 U.S.C. 7550)); or’’; and
(III) in clause (ii)(II), by striking ‘‘or’’ at the
end; and
(ii) in subparagraph (B), by inserting ‘‘replacements or’’ before ‘‘retrofits’’; and

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(iii) by adding at the end the following:
‘‘(C) the purchase of medium- or heavy-duty zero emission vehicles and related charging equipment;’’;
(D) in paragraph (9), by striking the period at the
end and inserting a semicolon; and
(E) by adding at the end the following:
‘‘(10) if the project is for the modernization or rehabilitation
of a lock and dam that—
‘‘(A) is functionally connected to the Federal-aid highway system; and
‘‘(B) the Secretary determines is likely to contribute
to the attainment or maintenance of a national ambient
air quality standard; or
‘‘(11) if the project is on a marine highway corridor, connector, or crossing designated by the Secretary under section
55601(c) of title 46 (including an inland waterway corridor,
connector, or crossing) that—
‘‘(A) is functionally connected to the Federal-aid highway system; and
‘‘(B) the Secretary determines is likely to contribute
to the attainment or maintenance of a national ambient
air quality standard.’’;
(2) in subsection (c), by adding at the end the following:
‘‘(4) LOCKS AND DAMS; MARINE HIGHWAYS.—For each fiscal
year, a State may not obligate more than 10 percent of the
funds apportioned to the State under section 104(b)(4) for
projects described in paragraphs (10) and (11) of subsection
(b).’’;
(3) in subsection (f)(4)(A), by inserting ‘‘and nonroad
vehicles and nonroad engines used in construction projects or
port-related freight operations’’ after ‘‘motor vehicles’’;
(4) in subsection (g)—
(A) in paragraph (1)(B)—
(i) in the subparagraph heading, by inserting
‘‘REPLACEMENT OR’’ before ‘‘RETROFIT’’;
(ii) by striking ‘‘The term ‘diesel retrofit’ ’’ and
inserting ‘‘The term ‘diesel replacement or retrofit’ ’’;
and
(iii) by inserting ‘‘or retrofit’’ after ‘‘replacement’’;
(B) in paragraph (2), in the matter preceding subparagraph (A), by inserting ‘‘replacement or’’ before ‘‘retrofit’’;
and
(C) in paragraph (3), by inserting ‘‘replacements or’’
before ‘‘retrofits’’;
(5) in subsection (k)(1), by striking ‘‘that reduce such fine
particulate matter emissions in such area, including diesel
retrofits.’’ and inserting ‘‘that—
‘‘(A) reduce such fine particulate matter emissions in
such area, including diesel replacements or retrofits; and
‘‘(B) to the extent practicable, prioritize benefits to
disadvantaged communities or low-income populations
living in, or immediately adjacent to, such area.’’;
(6) in subsection (l), by adding at the following:
‘‘(3) ASSISTANCE TO METROPOLITAN PLANNING ORGANIZATIONS.—

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‘‘(A) IN GENERAL.—On the request of a metropolitan
planning organization, the Secretary may assist the metropolitan planning organization tracking progress made in
minority or low-income populations as part of a performance plan under this subsection.
‘‘(B) SAVINGS PROVISION.—Nothing in this paragraph
provides the Secretary the authority—
‘‘(i) to change the performance measures under
section 150(c)(5) or the performance targets established
under section 134(h)(2) or 150(d); or
‘‘(ii) to establish any other Federal requirement.’’;
and
(7) by striking subsection (m) and inserting the following:
‘‘(m) OPERATING ASSISTANCE.—
‘‘(1) IN GENERAL.—A State may obligate funds apportioned
under section 104(b)(4) in an area of the State that is otherwise
eligible for obligations of such funds for operating costs—
‘‘(A) under chapter 53 of title 49; or
‘‘(B) on—
‘‘(i) a system for which CMAQ funding was eligible,
made available, obligated, or expended in fiscal year
2012; or
‘‘(ii) a State-supported Amtrak route with a valid
cost-sharing agreement under section 209 of the Passenger Rail Investment and Improvement Act of 2008
(49 U.S.C. 24101 note; Public Law 110–432) and no
current nonattainment areas under subsection (d).
‘‘(2) NO TIME LIMITATION.—Operating assistance provided
under paragraph (1) shall have no imposed time limitation
if the operating assistance is for—
‘‘(A) a route described in subparagraph (B) of that
paragraph; or
‘‘(B) a transit system that is located in—
‘‘(i) a non-urbanized area; or
‘‘(ii) an urbanized area with a population of
200,000 or fewer.’’.

SEC. 11116. ALASKA HIGHWAY.

Section 218 of title 23, United States Code, is amended to
read as follows:

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Canada.

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‘‘§ 218. Alaska Highway
‘‘(a) Recognizing the benefits that will accrue to the State
of Alaska and to the United States from the reconstruction of
the Alaska Highway from the Alaskan border at Beaver Creek,
Yukon Territory, to Haines Junction in Canada and the Haines
Cutoff Highway from Haines Junction in Canada to Haines, Alaska,
the Secretary may provide for the necessary reconstruction of the
highway using funds awarded through an applicable competitive
grant program, if the highway meets all applicable eligibility
requirements for the program, except for the specific requirements
established by the agreement for the Alaska Highway Project
between the Government of the United States and the Government
of Canada. In addition to the funds described in the previous
sentence, notwithstanding any other provision of law and on agreement with the State of Alaska, the Secretary is authorized to
expend on such highway or the Alaska Marine Highway System

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any Federal-aid highway funds apportioned to the State of Alaska
under this title at a Federal share of 100 per centum. No expenditures shall be made for the construction of the portion of such
highways that are in Canada unless an agreement is in place
between the Government of Canada and the Government of the
United States (including an agreement in existence on the date
of enactment of the Surface Transportation Reauthorization Act
of 2021) that provides, in part, that the Canadian Government—
‘‘(1) will provide, without participation of funds authorized
under this title, all necessary right-of-way for the reconstruction
of such highways;
‘‘(2) will not impose any highway toll, or permit any such
toll to be charged for the use of such highways by vehicles
or persons;
‘‘(3) will not levy or assess, directly or indirectly, any fee,
tax, or other charge for the use of such highways by vehicles
or persons from the United States that does not apply equally
to vehicles or persons of Canada;
‘‘(4) will continue to grant reciprocal recognition of vehicle
registration and driver’s licenses in accordance with agreements
between the United States and Canada; and
‘‘(5) will maintain such highways after their completion
in proper condition adequately to serve the needs of present
and future traffic.
‘‘(b) The survey and construction work undertaken in Canada
pursuant to this section shall be under the general supervision
of the Secretary.
‘‘(c) For purposes of this section, the term ‘Alaska Marine
Highway System’ includes all existing or planned transportation
facilities and equipment in Alaska, including the lease, purchase,
or construction of vessels, terminals, docks, floats, ramps, staging
areas, parking lots, bridges and approaches thereto, and necessary
roads.
‘‘(d) Notwithstanding any other provision of law, a project
assisted under this section in the State of Alaska shall be treated
as a project on a Federal-aid highway under chapter 1.’’.

Definition.

SEC. 11117. TOLL ROADS, BRIDGES, TUNNELS, AND FERRIES.

(a) IN GENERAL.—Section 129(c) of title 23, United States Code,
is amended in the matter preceding paragraph (1) by striking
‘‘the construction of ferry boats and ferry terminal facilities, whether
toll or free,’’ and inserting ‘‘the construction of ferry boats and
ferry terminal facilities (including ferry maintenance facilities),
whether toll or free, and the procurement of transit vehicles used
exclusively as an integral part of an intermodal ferry trip,’’.
(b) DIESEL FUEL FERRY VESSELS.—
(1) IN GENERAL.—Notwithstanding section 147(b), in the
case of a project to replace or retrofit a diesel fuel ferry vessel
that provides substantial emissions reductions, the Federal
share of the cost of the project may be up to 85 percent,
as determined by the State.
(2) SUNSET.—The authority provided by paragraph (1) shall
terminate on September 30, 2025.

23 USC 147 note.
Determination.

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SEC. 11118. BRIDGE INVESTMENT PROGRAM.

(a) IN GENERAL.—Chapter 1 of title 23, United States Code,
is amended by inserting after section 123 the following:

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Grants.
23 USC 124.

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‘‘§ 124. Bridge investment program
‘‘(a) DEFINITIONS.—In this section:
‘‘(1) ELIGIBLE PROJECT.—
‘‘(A) IN GENERAL.—The term ‘eligible project’ means
a project to replace, rehabilitate, preserve, or protect 1
or more bridges on the National Bridge Inventory under
section 144(b).
‘‘(B) INCLUSIONS.—The term ‘eligible project’ includes—
‘‘(i) a bundle of projects described in subparagraph
(A), regardless of whether the bundle of projects meets
the requirements of section 144(j)(5); and
‘‘(ii) a project to replace or rehabilitate culverts
for the purpose of improving flood control and improved
habitat connectivity for aquatic species.
‘‘(2) LARGE PROJECT.—The term ‘large project’ means an
eligible project with total eligible project costs of greater than
$100,000,000.
‘‘(3) PROGRAM.—The term ‘program’ means the bridge
investment program established by subsection (b)(1).
‘‘(b) ESTABLISHMENT OF BRIDGE INVESTMENT PROGRAM.—
‘‘(1) IN GENERAL.—There is established a bridge investment
program to provide financial assistance for eligible projects
under this section.
‘‘(2) GOALS.—The goals of the program shall be—
‘‘(A) to improve the safety, efficiency, and reliability
of the movement of people and freight over bridges;
‘‘(B) to improve the condition of bridges in the United
States by reducing—
‘‘(i) the number of bridges—
‘‘(I) in poor condition; or
‘‘(II) in fair condition and at risk of falling
into poor condition within the next 3 years;
‘‘(ii) the total person miles traveled over bridges—
‘‘(I) in poor condition; or
‘‘(II) in fair condition and at risk of falling
into poor condition within the next 3 years;
‘‘(iii) the number of bridges that—
‘‘(I) do not meet current geometric design
standards; or
‘‘(II) cannot meet the load and traffic requirements typical of the regional transportation network; and
‘‘(iv) the total person miles traveled over bridges
that—
‘‘(I) do not meet current geometric design
standards; or
‘‘(II) cannot meet the load and traffic requirements typical of the regional transportation network; and
‘‘(C) to provide financial assistance that leverages and
encourages non-Federal contributions from sponsors and
stakeholders involved in the planning, design, and
construction of eligible projects.
‘‘(c) GRANT AUTHORITY.—
‘‘(1) IN GENERAL.—In carrying out the program, the Secretary may award grants, on a competitive basis, in accordance
with this section.

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135 STAT. 485

‘‘(2) GRANT AMOUNTS.—Except as otherwise provided, a
grant under the program shall be—
‘‘(A) in the case of a large project, in an amount that
is—
‘‘(i) adequate to fully fund the project (in combination with other financial resources identified in the
application); and
‘‘(ii) not less than $50,000,000; and
‘‘(B) in the case of any other eligible project, in an
amount that is—
‘‘(i) adequate to fully fund the project (in combination with other financial resources identified in the
application); and
‘‘(ii) not less than $2,500,000.
‘‘(3) MAXIMUM AMOUNT.—Except as otherwise provided, for
an eligible project receiving assistance under the program, the
amount of assistance provided by the Secretary under this
section, as a share of eligible project costs, shall be—
‘‘(A) in the case of a large project, not more than
50 percent; and
‘‘(B) in the case of any other eligible project, not more
than 80 percent.
‘‘(4) FEDERAL SHARE.—
‘‘(A) MAXIMUM FEDERAL INVOLVEMENT.—Federal assistance other than a grant under the program may be used
to satisfy the non-Federal share of the cost of a project
for which a grant is made, except that the total Federal
assistance provided for a project receiving a grant under
the program may not exceed the Federal share for the
project under section 120.
‘‘(B) OFF-SYSTEM BRIDGES.—In the case of an eligible
project for an off-system bridge (as defined in section
133(f)(1))—
‘‘(i) Federal assistance other than a grant under
the program may be used to satisfy the non-Federal
share of the cost of a project; and
‘‘(ii) notwithstanding subparagraph (A), the total
Federal assistance provided for the project shall not
exceed 90 percent of the total eligible project costs.
‘‘(C) FEDERAL LAND MANAGEMENT AGENCIES AND TRIBAL
GOVERNMENTS.—Notwithstanding any other provision of
law, Federal funds other than Federal funds made available
under this section may be used to pay the remaining share
of the cost of a project under the program by a Federal
land management agency or a Tribal government or consortium of Tribal governments.
‘‘(5) CONSIDERATIONS.—
‘‘(A) IN GENERAL.—In awarding grants under the program, the Secretary shall consider—
‘‘(i) in the case of a large project, the ratings
assigned under subsection (g)(5)(A);
‘‘(ii) in the case of an eligible project other than
a large project, the quality rating assigned under subsection (f)(3)(A)(ii);
‘‘(iii) the average daily person and freight
throughput supported by the eligible project;

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‘‘(iv) the number and percentage of bridges within
the same State as the eligible project that are in poor
condition;
‘‘(v) the extent to which the eligible project demonstrates cost savings by bundling multiple bridge
projects;
‘‘(vi) in the case of an eligible project of a Federal
land management agency, the extent to which the
grant would reduce a Federal liability or Federal infrastructure maintenance backlog;
‘‘(vii) geographic diversity among grant recipients,
including the need for a balance between the needs
of rural and urban communities; and
‘‘(viii) the extent to which a bridge that would
be assisted with a grant—
‘‘(I) is, without that assistance—
‘‘(aa) at risk of falling into or remaining
in poor condition; or
‘‘(bb) in fair condition and at risk of falling
into poor condition within the next 3 years;
‘‘(II) does not meet current geometric design
standards based on—
‘‘(aa) the current use of the bridge; or
‘‘(bb) load and traffic requirements typical
of the regional corridor or local network in
which the bridge is located; or
‘‘(III) does not meet current seismic design
standards.
‘‘(B) REQUIREMENT.—The Secretary shall—
‘‘(i) give priority to an application for an eligible
project that is located within a State for which—
‘‘(I) 2 or more applications for eligible projects
within the State were submitted for the current
fiscal year and an average of 2 or more applications
for eligible projects within the State were submitted in prior fiscal years of the program; and
‘‘(II) fewer than 2 grants have been awarded
for eligible projects within the State under the
program;
‘‘(ii) during the period of fiscal years 2022 through
2026, for each State described in clause (i), select—
‘‘(I) not fewer than 1 large project that the
Secretary determines is justified under the evaluation under subsection (g)(4); or
‘‘(II) 2 eligible projects that are not large
projects that the Secretary determines are justified
under the evaluation under subsection (f)(3); and
‘‘(iii) not be required to award a grant for an
eligible project that the Secretary does not determine
is justified under an evaluation under subsection (f)(3)
or (g)(4).
‘‘(6) CULVERT LIMITATION.—Not more than 5 percent of
the amounts made available for each fiscal year for grants
under the program may be used for eligible projects that consist
solely of culvert replacement or rehabilitation.
‘‘(d) ELIGIBLE ENTITY.—The Secretary may make a grant under
the program to any of the following:

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135 STAT. 487

‘‘(1) A State or a group of States.
‘‘(2) A metropolitan planning organization that serves an
urbanized area (as designated by the Bureau of the Census)
with a population of over 200,000.
‘‘(3) A unit of local government or a group of local governments.
‘‘(4) A political subdivision of a State or local government.
‘‘(5) A special purpose district or public authority with
a transportation function.
‘‘(6) A Federal land management agency.
‘‘(7) A Tribal government or a consortium of Tribal governments.
‘‘(8) A multistate or multijurisdictional group of entities
described in paragraphs (1) through (7).
‘‘(e) ELIGIBLE PROJECT REQUIREMENTS.—The Secretary may
make a grant under the program only to an eligible entity for
an eligible project that—
‘‘(1) in the case of a large project, the Secretary recommends
for funding in the annual report on funding recommendations
under subsection (g)(6), except as provided in subsection
(g)(1)(B);
‘‘(2) is reasonably expected to begin construction not later
than 18 months after the date on which funds are obligated
for the project; and
‘‘(3) is based on the results of preliminary engineering.
‘‘(f) COMPETITIVE PROCESS AND EVALUATION OF ELIGIBLE
PROJECTS OTHER THAN LARGE PROJECTS.—
‘‘(1) COMPETITIVE PROCESS.—
‘‘(A) IN GENERAL.—The Secretary shall—
‘‘(i) for the first fiscal year for which funds are
made available for obligation under the program, not
later than 60 days after the date on which the template
under subparagraph (B)(i) is developed, and in subsequent fiscal years, not later than 60 days after the
date on which amounts are made available for obligation under the program, solicit grant applications for
eligible projects other than large projects; and
‘‘(ii) not later than 120 days after the date on
which the solicitation under clause (i) expires, conduct
evaluations under paragraph (3).
‘‘(B) REQUIREMENTS.—In carrying out subparagraph
(A), the Secretary shall—
‘‘(i) develop a template for applicants to use to
summarize project needs and benefits, including benefits described in paragraph (3)(B)(i); and
‘‘(ii) enable applicants to use data from the
National Bridge Inventory under section 144(b) to
populate templates described in clause (i), as
applicable.
‘‘(2) APPLICATIONS.—An eligible entity shall submit to the
Secretary an application at such time, in such manner, and
containing such information as the Secretary may require.
‘‘(3) EVALUATION.—
‘‘(A) IN GENERAL.—Prior to providing a grant under
this subsection, the Secretary shall—

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Deadlines.

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‘‘(i) conduct an evaluation of each eligible project
for which an application is received under this subsection; and
‘‘(ii) assign a quality rating to the eligible project
on the basis of the evaluation under clause (i).
‘‘(B) REQUIREMENTS.—In carrying out an evaluation
under subparagraph (A), the Secretary shall—
‘‘(i) consider information on project benefits submitted by the applicant using the template developed
under paragraph (1)(B)(i), including whether the
project will generate, as determined by the Secretary—
‘‘(I) costs avoided by the prevention of closure
or reduced use of the bridge to be improved by
the project;
‘‘(II) in the case of a bundle of projects, benefits
from executing the projects as a bundle compared
to as individual projects;
‘‘(III) safety benefits, including the reduction
of accidents and related costs;
‘‘(IV) person and freight mobility benefits,
including congestion reduction and reliability
improvements;
‘‘(V) national or regional economic benefits;
‘‘(VI) benefits from long-term resiliency to
extreme weather events, flooding, or other natural
disasters;
‘‘(VII) benefits from protection (as described
in section 133(b)(10)), including improving seismic
or scour protection;
‘‘(VIII) environmental benefits, including wildlife connectivity;
‘‘(IX) benefits to nonvehicular and public
transportation users;
‘‘(X) benefits of using—
‘‘(aa) innovative design and construction
techniques; or
‘‘(bb) innovative technologies; or
‘‘(XI) reductions in maintenance costs,
including, in the case of a federally-owned bridge,
cost savings to the Federal budget; and
‘‘(ii) consider whether and the extent to which
the benefits, including the benefits described in clause
(i), are more likely than not to outweigh the total
project costs.
‘‘(g) COMPETITIVE PROCESS, EVALUATION, AND ANNUAL REPORT
FOR LARGE PROJECTS.—
‘‘(1) IN GENERAL.—
‘‘(A) APPLICATIONS.—The Secretary shall establish an
annual date by which an eligible entity submitting an
application for a large project shall submit to the Secretary
such information as the Secretary may require, including
information described in paragraph (2), in order for a large
project to be considered for a recommendation by the Secretary for funding in the next annual report under paragraph (6).
‘‘(B) FIRST FISCAL YEAR.—Notwithstanding subparagraph (A), for the first fiscal year for which funds are

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made available for obligation for grants under the program,
the Secretary may establish a date by which an eligible
entity submitting an application for a large project shall
submit to the Secretary such information as the Secretary
may require, including information described in paragraph
(2), in order for a large project to be considered for immediate execution of a grant agreement.
‘‘(2) INFORMATION REQUIRED.—The information referred to
in paragraph (1) includes—
‘‘(A) all necessary information required for the Secretary to evaluate the large project; and
‘‘(B) information sufficient for the Secretary to determine that—
‘‘(i) the large project meets the applicable requirements under this section; and
‘‘(ii) there is a reasonable likelihood that the large
project will continue to meet the requirements under
this section.
‘‘(3) DETERMINATION; NOTICE.—On making a determination
that information submitted to the Secretary under paragraph
(1) is sufficient, the Secretary shall provide a written notice
of that determination to—
‘‘(A) the eligible entity that submitted the application;
‘‘(B) the Committee on Environment and Public Works
of the Senate; and
‘‘(C) the Committee on Transportation and Infrastructure of the House of Representatives.
‘‘(4) EVALUATION.—The Secretary may recommend a large
project for funding in the annual report under paragraph (6),
or, in the case of the first fiscal year for which funds are
made available for obligation for grants under the program,
immediately execute a grant agreement for a large project,
only if the Secretary evaluates the proposed project and determines that the project is justified because the project—
‘‘(A) addresses a need to improve the condition of the
bridge, as determined by the Secretary, consistent with
the goals of the program under subsection (b)(2);
‘‘(B) will generate, as determined by the Secretary—
‘‘(i) costs avoided by the prevention of closure or
reduced use of the bridge to be improved by the project;
‘‘(ii) in the case of a bundle of projects, benefits
from executing the projects as a bundle compared to
as individual projects;
‘‘(iii) safety benefits, including the reduction of
accidents and related costs;
‘‘(iv) person and freight mobility benefits, including
congestion reduction and reliability improvements;
‘‘(v) national or regional economic benefits;
‘‘(vi) benefits from long-term resiliency to extreme
weather events, flooding, or other natural disasters;
‘‘(vii) benefits from protection (as described in section 133(b)(10)), including improving seismic or scour
protection;
‘‘(viii) environmental benefits, including wildlife
connectivity;
‘‘(ix) benefits to nonvehicular and public transportation users;

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Recommendations.
Determination.

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‘‘(x) benefits of using—
‘‘(I) innovative design and construction techniques; or
‘‘(II) innovative technologies; or
‘‘(xi) reductions in maintenance costs, including,
in the case of a federally-owned bridge, cost savings
to the Federal budget;
‘‘(C) is cost effective based on an analysis of whether
the benefits and avoided costs described in subparagraph
(B) are expected to outweigh the project costs;
‘‘(D) is supported by other Federal or non-Federal
financial commitments or revenues adequate to fund
ongoing maintenance and preservation; and
‘‘(E) is consistent with the objectives of an applicable
asset management plan of the project sponsor, including
a State asset management plan under section 119(e) in
the case of a project on the National Highway System
that is sponsored by a State.
‘‘(5) RATINGS.—
‘‘(A) IN GENERAL.—The Secretary shall develop a methodology to evaluate and rate a large project on a 5-point
scale (the points of which include ‘high’, ‘medium-high’,
‘medium’, ‘medium-low’, and ‘low’) for each of—
‘‘(i) paragraph (4)(B);
‘‘(ii) paragraph (4)(C); and
‘‘(iii) paragraph (4)(D).
‘‘(B) REQUIREMENT.—To be considered justified and
receive a recommendation for funding in the annual report
under paragraph (6), a project shall receive a rating of
not less than ‘medium’ for each rating required under
subparagraph (A).
‘‘(C) INTERIM METHODOLOGY.—In the first fiscal year
for which funds are made available for obligation for grants
under the program, the Secretary may establish an interim
methodology to evaluate and rate a large project for each
of—
‘‘(i) paragraph (4)(B);
‘‘(ii) paragraph (4)(C); and
‘‘(iii) paragraph (4)(D).
‘‘(6) ANNUAL REPORT ON FUNDING RECOMMENDATIONS FOR
LARGE PROJECTS.—
‘‘(A) IN GENERAL.—Not later than the first Monday
in February of each year, the Secretary shall submit to
the Committees on Transportation and Infrastructure and
Appropriations of the House of Representatives and the
Committees on Environment and Public Works and Appropriations of the Senate a report that includes—
‘‘(i) a list of large projects that have requested
a recommendation for funding under a new grant
agreement from funds anticipated to be available to
carry out this subsection in the next fiscal year;
‘‘(ii) the evaluation under paragraph (4) and
ratings under paragraph (5) for each project referred
to in clause (i);
‘‘(iii) the grant amounts that the Secretary recommends providing to large projects in the next fiscal
year, including—

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List.

Payments.

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‘‘(I) scheduled payments under previously
signed multiyear grant agreements under subsection (j);
‘‘(II) payments for new grant agreements,
including single-year grant agreements and
multiyear grant agreements; and
‘‘(III) a description of how amounts anticipated
to be available for the program from the Highway
Trust Fund for that fiscal year will be distributed;
and
‘‘(iv) for each project for which the Secretary recommends a new multiyear grant agreement under subsection (j), the proposed payout schedule for the project.
‘‘(B) LIMITATIONS.—
‘‘(i) IN GENERAL.—The Secretary shall not recommend in an annual report under this paragraph
a new multiyear grant agreement provided from funds
from the Highway Trust Fund unless the Secretary
determines that the project can be completed using
funds that are anticipated to be available from the
Highway Trust Fund in future fiscal years.
‘‘(ii) GENERAL FUND PROJECTS.—The Secretary—
‘‘(I) may recommend for funding in an annual
report under this paragraph a large project using
funds from the general fund of the Treasury; but
‘‘(II) shall not execute a grant agreement for
that project unless—
‘‘(aa) funds other than from the Highway
Trust Fund have been made available for the
project; and
‘‘(bb) the Secretary determines that the
project can be completed using funds other
than from the Highway Trust Fund that are
anticipated to be available in future fiscal
years.
‘‘(C) CONSIDERATIONS.—In selecting projects to recommend for funding in the annual report under this paragraph, or, in the case of the first fiscal year for which
funds are made available for obligation for grants under
the program, projects for immediate execution of a grant
agreement, the Secretary shall—
‘‘(i) consider the amount of funds available in
future fiscal years for multiyear grant agreements as
described in subparagraph (B); and
‘‘(ii) assume the availability of funds in future
fiscal years for multiyear grant agreements that extend
beyond the period of authorization based on the amount
made available for large projects under the program
in the last fiscal year of the period of authorization.
‘‘(D) PROJECT DIVERSITY.—In selecting projects to recommend for funding in the annual report under this paragraph, the Secretary shall ensure diversity among projects
recommended based on—
‘‘(i) the amount of the grant requested; and
‘‘(ii) grants for an eligible project for 1 bridge compared to an eligible project that is a bundle of projects.

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schedule.

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‘‘(h) ELIGIBLE PROJECT COSTS.—A grant received for an eligible
project under the program may be used for—
‘‘(1) development phase activities, including planning, feasibility analysis, revenue forecasting, environmental review,
preliminary engineering and design work, and other
preconstruction activities;
‘‘(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; and
‘‘(3) expenses related to the protection (as described in
section 133(b)(10)) of a bridge, including seismic or scour protection.
‘‘(i) TIFIA PROGRAM.—On the request of an eligible entity carrying out an eligible project, the Secretary may use amounts
awarded to the entity to pay subsidy and administrative costs
necessary to provide to the entity Federal credit assistance under
chapter 6 with respect to the eligible project for which the grant
was awarded.
‘‘(j) MULTIYEAR GRANT AGREEMENTS FOR LARGE PROJECTS.—
‘‘(1) IN GENERAL.—A large project that receives a grant
under the program in an amount of not less than $100,000,000
may be carried out through a multiyear grant agreement in
accordance with this subsection.
‘‘(2) REQUIREMENTS.—A multiyear grant agreement for a
large project described in paragraph (1) shall—
‘‘(A) establish the terms of participation by the Federal
Government in the project;
‘‘(B) establish the maximum amount of Federal financial assistance for the project in accordance with paragraphs (3) and (4) of subsection (c);
‘‘(C) establish a payout schedule for the project that
provides for disbursement of the full grant amount by
not later than 4 fiscal years after the fiscal year in which
the initial amount is provided;
‘‘(D) determine the period of time for completing the
project, even if that period extends beyond the period of
an authorization; and
‘‘(E) attempt to improve timely and efficient management of the project, consistent with all applicable Federal
laws (including regulations).
‘‘(3) SPECIAL FINANCIAL RULES.—
‘‘(A) IN GENERAL.—A multiyear grant agreement under
this subsection—
‘‘(i) shall obligate an amount of available budget
authority specified in law; and
‘‘(ii) may include a commitment, contingent on
amounts to be specified in law in advance for commitments under this paragraph, to obligate an additional
amount from future available budget authority specified in law.
‘‘(B) STATEMENT OF CONTINGENT COMMITMENT.—The
agreement shall state that the contingent commitment is
not an obligation of the Federal Government.
‘‘(C) INTEREST AND OTHER FINANCING COSTS.—

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‘‘(i) IN GENERAL.—Interest and other financing
costs of carrying out a part of the project within a
reasonable time shall be considered a cost of carrying
out the project under a multiyear grant agreement,
except that eligible costs may not be more than the
cost of the most favorable financing terms reasonably
available for the project at the time of borrowing.
‘‘(ii) CERTIFICATION.—The applicant shall certify
to the Secretary that the applicant has shown reasonable diligence in seeking the most favorable financing
terms.
‘‘(4) ADVANCE PAYMENT.—Notwithstanding any other provision of law, an eligible entity carrying out a large project
under a multiyear grant agreement—
‘‘(A) may use funds made available to the eligible entity
under this title for eligible project costs of the large project
until the amount specified in the multiyear grant agreement for the project for that fiscal year becomes available
for obligation; and
‘‘(B) if the eligible entity uses funds as described in
subparagraph (A), the funds used shall be reimbursed from
the amount made available under the multiyear grant
agreement for the project.
‘‘(k) UNDERTAKING PARTS OF PROJECTS IN ADVANCE UNDER
LETTERS OF NO PREJUDICE.—
‘‘(1) IN GENERAL.—The Secretary may pay to an applicant
all eligible project costs under the program, including costs
for an activity for an eligible project incurred prior to the
date on which the project receives funding under the program
if—
‘‘(A) before the applicant carries out the activity, the
Secretary approves through a letter to the applicant the
activity in the same manner as the Secretary approves
other activities as eligible under the program;
‘‘(B) a record of decision, a finding of no significant
impact, or a categorical exclusion under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.)
has been issued for the eligible project; and
‘‘(C) the activity is carried out without Federal assistance and in accordance with all applicable procedures and
requirements.
‘‘(2) INTEREST AND OTHER FINANCING COSTS.—
‘‘(A) IN GENERAL.—For purposes of paragraph (1), the
cost of carrying out an activity for an eligible project
includes the amount of interest and other financing costs,
including any interest earned and payable on bonds, to
the extent interest and other financing costs are expended
in carrying out the activity for the eligible project, except
that interest and other financing costs may not be more
than the cost of the most favorable financing terms reasonably available for the eligible project at the time of borrowing.
‘‘(B) CERTIFICATION.—The applicant shall certify to the
Secretary that the applicant has shown reasonable diligence in seeking the most favorable financing terms under
subparagraph (A).

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Advance
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‘‘(3) NO OBLIGATION OR INFLUENCE ON RECOMMENDAapproval by the Secretary under paragraph (1)(A)
shall not—
‘‘(A) constitute an obligation of the Federal Government; or
‘‘(B) alter or influence any evaluation under subsection
(f)(3)(A)(i) or (g)(4) or any recommendation by the Secretary
for funding under the program.
‘‘(l) FEDERALLY-OWNED BRIDGES.—
‘‘(1) DIVESTITURE CONSIDERATION.—In the case of a bridge
owned by a Federal land management agency for which that
agency applies for a grant under the program, the agency—
‘‘(A) shall consider options to divest the bridge to a
State or local entity after completion of the project; and
‘‘(B) may apply jointly with the State or local entity
to which the bridge may be divested.
‘‘(2) TREATMENT.—Notwithstanding any other provision of
law, section 129 shall apply to a bridge that was previously
owned by a Federal land management agency and has been
transferred to a non-Federal entity under paragraph (1) in
the same manner as if the bridge was never federally owned.
‘‘(m) TREATMENT OF PROJECTS.—Notwithstanding any other
provision of law, a project assisted under this section shall be
treated as a project on a Federal-aid highway under this chapter.
‘‘(n) CONGRESSIONAL NOTIFICATION.—Not later than 30 days
before making a grant for an eligible project under the program,
the Secretary shall submit to the Committee on Transportation
and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a written
notification of the proposed grant that includes—
‘‘(1) an evaluation and justification for the eligible project;
and
‘‘(2) the amount of the proposed grant.
‘‘(o) REPORTS.—
‘‘(1) ANNUAL REPORT.—Not later than August 1 of each
fiscal year, the Secretary shall make available on the website
of the Department of Transportation an annual report that
lists each eligible project for which a grant has been provided
under the program during the fiscal year.
‘‘(2) GAO ASSESSMENT AND REPORT.—Not later than 3 years
after the date of enactment of the Surface Transportation
Reauthorization Act of 2021, the Comptroller General of the
United States shall—
‘‘(A) conduct an assessment of the administrative
establishment, solicitation, selection, and justification
process with respect to the funding of grants under the
program; and
‘‘(B) submit to the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Environment and Public Works of the Senate
a report that describes—
‘‘(i) the adequacy and fairness of the process under
which each eligible project that received a grant under
the program was selected; and
‘‘(ii) the justification and criteria used for the selection of each eligible project.
‘‘(p) LIMITATION.—
TIONS.—An

Applicability.

Deadline.

Evaluation.

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Web posting.

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‘‘(1) LARGE PROJECTS.—Of the amounts made available out
of the Highway Trust Fund (other than the Mass Transit
Account) to carry out this section for each of fiscal years 2022
through 2026, not less than 50 percent, in aggregate, shall
be used for large projects.
‘‘(2) UNUTILIZED AMOUNTS.—If, in fiscal year 2026, the Secretary determines that grants under the program will not allow
for the requirement under paragraph (1) to be met, the Secretary shall use the unutilized amounts to make other grants
under the program during that fiscal year.
‘‘(q) TRIBAL TRANSPORTATION FACILITY BRIDGE SET ASIDE.—
‘‘(1) IN GENERAL.—Of the amounts made available from
the Highway Trust Fund (other than the Mass Transit Account)
for a fiscal year to carry out this section, the Secretary shall
use, to carry out section 202(d)—
‘‘(A) $16,000,000 for fiscal year 2022;
‘‘(B) $18,000,000 for fiscal year 2023;
‘‘(C) $20,000,000 for fiscal year 2024;
‘‘(D) $22,000,000 for fiscal year 2025; and
‘‘(E) $24,000,000 for fiscal year 2026.
‘‘(2) TREATMENT.—For purposes of section 201, funds made
available for section 202(d) under paragraph (1) shall be considered to be part of the tribal transportation program.’’.
(b) CLERICAL AMENDMENT.—The analysis for chapter 1 of title
23, United States Code, is amended by inserting after the item
relating to section 123 the following:

Determination.

23 USC 101 prec.

‘‘124. Bridge investment program.’’.
SEC. 11119. SAFE ROUTES TO SCHOOL.

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(a) IN GENERAL.—Chapter 2 of title 23, United States Code,
is amended by inserting after section 207 the following:
‘‘§ 208. Safe routes to school
‘‘(a) DEFINITIONS.—In this section:
‘‘(1) IN THE VICINITY OF SCHOOLS.—The term ‘in the vicinity
of schools’, with respect to a school, means the approximately
2-mile area within bicycling and walking distance of the school.
‘‘(2) PRIMARY, MIDDLE, AND HIGH SCHOOLS.—The term ‘primary, middle, and high schools’ means schools providing education from kindergarten through 12th grade.
‘‘(b) ESTABLISHMENT.—Subject to the requirements of this section, the Secretary shall establish and carry out a safe routes
to school program for the benefit of children in primary, middle,
and high schools.
‘‘(c) PURPOSES.—The purposes of the program established under
subsection (b) shall be—
‘‘(1) to enable and encourage children, including those with
disabilities, to walk and bicycle to school;
‘‘(2) to make bicycling and walking to school a safer and
more appealing transportation alternative, thereby encouraging
a healthy and active lifestyle from an early age; and
‘‘(3) to facilitate the planning, development, and
implementation of projects and activities that will improve
safety and reduce traffic, fuel consumption, and air pollution
in the vicinity of schools.
‘‘(d) APPORTIONMENT OF FUNDS.—

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PUBLIC LAW 117–58—NOV. 15, 2021

‘‘(1) IN GENERAL.—Subject to paragraphs (2), (3), and (4),
amounts made available to carry out this section for a fiscal
year shall be apportioned among the States so that each State
receives the amount equal to the proportion that—
‘‘(A) the total student enrollment in primary, middle,
and high schools in each State; bears to
‘‘(B) the total student enrollment in primary, middle,
and high schools in all States.
‘‘(2) MINIMUM APPORTIONMENT.—No State shall receive an
apportionment under this section for a fiscal year of less than
$1,000,000.
‘‘(3) SET-ASIDE FOR ADMINISTRATIVE EXPENSES.—Before
apportioning under this subsection amounts made available
to carry out this section for a fiscal year, the Secretary shall
set aside not more than $3,000,000 of those amounts for the
administrative expenses of the Secretary in carrying out this
section.
‘‘(4) DETERMINATION OF STUDENT ENROLLMENTS.—Determinations under this subsection relating to student enrollments
shall be made by the Secretary.
‘‘(e) ADMINISTRATION OF AMOUNTS.—Amounts apportioned to
a State under this section shall be administered by the State
department of transportation.
‘‘(f) ELIGIBLE RECIPIENTS.—Amounts apportioned to a State
under this section shall be used by the State to provide financial
assistance to State, local, Tribal, and regional agencies, including
nonprofit organizations, that demonstrate an ability to meet the
requirements of this section.
‘‘(g) ELIGIBLE PROJECTS AND ACTIVITIES.—
‘‘(1) INFRASTRUCTURE-RELATED PROJECTS.—
‘‘(A) IN GENERAL.—Amounts apportioned to a State
under this section may be used for the planning, design,
and construction of infrastructure-related projects that will
substantially improve the ability of students to walk and
bicycle to school, including sidewalk improvements, traffic
calming and speed reduction improvements, pedestrian and
bicycle crossing improvements, on-street bicycle facilities,
off-street bicycle and pedestrian facilities, secure bicycle
parking facilities, and traffic diversion improvements in
the vicinity of schools.
‘‘(B) LOCATION OF PROJECTS.—Infrastructure-related
projects under subparagraph (A) may be carried out on
any public road or any bicycle or pedestrian pathway or
trail in the vicinity of schools.
‘‘(2) NONINFRASTRUCTURE-RELATED ACTIVITIES.—
‘‘(A) IN GENERAL.—In addition to projects described
in paragraph (1), amounts apportioned to a State under
this section may be used for noninfrastructure-related
activities to encourage walking and bicycling to school,
including public awareness campaigns and outreach to
press and community leaders, traffic education and enforcement in the vicinity of schools, student sessions on bicycle
and pedestrian safety, health, and environment, and
funding for training, volunteers, and managers of safe
routes to school programs.
‘‘(B) ALLOCATION.—Not less than 10 percent and not
more than 30 percent of the amount apportioned to a

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135 STAT. 497

State under this section for a fiscal year shall be used
for noninfrastructure-related activities under this paragraph.
‘‘(3) SAFE ROUTES TO SCHOOL COORDINATOR.—Each State
shall use a sufficient amount of the apportionment of the State
for each fiscal year to fund a full-time position of coordinator
of the safe routes to school program of the State.
‘‘(h) CLEARINGHOUSE.—
‘‘(1) IN GENERAL.—The Secretary shall make grants to a
national nonprofit organization engaged in promoting safe
routes to schools—
‘‘(A) to operate a national safe routes to school clearinghouse;
‘‘(B) to develop information and educational programs
on safe routes to school; and
‘‘(C) to provide technical assistance and disseminate
techniques and strategies used for successful safe routes
to school programs.
‘‘(2) FUNDING.—The Secretary shall carry out this subsection using amounts set aside for administrative expenses
under subsection (d)(3).
‘‘(i) TREATMENT OF PROJECTS.—Notwithstanding any other
provision of law, a project assisted under this section shall be
treated as a project on a Federal-aid highway under chapter 1.’’.
(b) CONFORMING AMENDMENTS.—
(1) The analysis for chapter 2 of title 23, United States
Code, is amended by inserting after the item relating to section
207 the following:

Grants.

23 USC 201 prec.

‘‘208. Safe routes to school.’’.

(2) Section 1404 of SAFETEA–LU (23 U.S.C. 402 note;
Public Law 109–59) is repealed.
(3) The table of contents in section 1(b) of SAFETEA–
LU (Public Law 109–59; 119 Stat. 1144) is amended by striking
the item relating to section 1404.

Repeal.

SEC. 11120. HIGHWAY USE TAX EVASION PROJECTS.

Section 143(b)(2)(A) of title 23, United States Code, is amended
by striking ‘‘fiscal years 2016 through 2020’’ and inserting ‘‘fiscal
years 2022 through 2026’’.
SEC. 11121. CONSTRUCTION OF FERRY BOATS AND FERRY TERMINAL
FACILITIES.

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Section 147 of title 23, United States Code, is amended by
striking subsection (h) and inserting the following:
‘‘(h) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated out of the Highway Trust Fund (other than
the Mass Transit Account) to carry out this section—
‘‘(1) $110,000,000 for fiscal year 2022;
‘‘(2) $112,000,000 for fiscal year 2023;
‘‘(3) $114,000,000 for fiscal year 2024;
‘‘(4) $116,000,000 for fiscal year 2025; and
‘‘(5) $118,000,000 for fiscal year 2026.’’.
SEC. 11122. VULNERABLE ROAD USER RESEARCH.

23 USC 148 note.

(a) DEFINITIONS.—In this subsection:

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Evaluation.

Determination.

Reviews.
Determination.

Recommendations.

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Deadlines.

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(1) ADMINISTRATOR.—The term ‘‘Administrator’’ means the
Secretary, acting through the Administrator of the Federal
Highway Administration.
(2) VULNERABLE ROAD USER.—The term ‘‘vulnerable road
user’’ has the meaning given the term in section 148(a) of
title 23, United States Code.
(b) ESTABLISHMENT OF RESEARCH PLAN.—The Administrator
shall establish a research plan to prioritize research on roadway
designs, the development of safety countermeasures to minimize
fatalities and serious injuries to vulnerable road users, and the
promotion of bicycling and walking, including research relating
to—
(1) roadway safety improvements, including traffic calming
techniques and vulnerable road user accommodations appropriate in a suburban arterial context;
(2) the impacts of traffic speeds, and access to low-traffic
stress corridors, on safety and rates of bicycling and walking;
(3) tools to evaluate the impact of transportation improvements on projected rates and safety of bicycling and walking;
and
(4) other research areas to be determined by the Administrator.
(c) VULNERABLE ROAD USER ASSESSMENTS.—The Administrator
shall—
(1) review each vulnerable road user safety assessment
submitted by a State under section 148(l) of title 23, United
States Code, and other relevant sources of data to determine
what, if any, standard definitions and methods should be developed through guidance to enable a State to collect pedestrian
injury and fatality data; and
(2) in the first progress update under subsection (d)(2),
provide—
(A) the results of the determination described in paragraph (1); and
(B) the recommendations of the Secretary with respect
to the collection and reporting of data on the safety of
vulnerable road users.
(d) SUBMISSION; PUBLICATION.—
(1) SUBMISSION OF PLAN.—Not later than 180 days after
the date of enactment of this Act, the Administrator 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 the research plan
described in subsection (b).
(2) PROGRESS UPDATES.—Not later than 2 years after the
date of enactment of this Act, and biannually thereafter, the
Administrator shall submit to the Committees described in
paragraph (1)—
(A) updates on the progress and findings of the
research conducted pursuant to the plan described in subsection (b); and
(B) in the first submission under this paragraph, the
results and recommendations described in subsection (c)(2).

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PUBLIC LAW 117–58—NOV. 15, 2021

135 STAT. 499

SEC. 11123. WILDLIFE CROSSING SAFETY.

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(a) DECLARATION OF POLICY.—Section 101(b)(3)(D) of title 23,
United States Code, is amended, in the matter preceding clause
(i), by inserting ‘‘resilient,’’ after ‘‘efficient,’’.
(b) WILDLIFE CROSSINGS PILOT PROGRAM.—
(1) IN GENERAL.—Chapter 1 of title 23, United States Code,
is amended by adding at the end the following:
‘‘§ 171. Wildlife crossings pilot program
‘‘(a) FINDING.—Congress finds that greater adoption of wildlifevehicle collision safety countermeasures is in the public interest
because—
‘‘(1) according to the report of the Federal Highway
Administration entitled ‘Wildlife-Vehicle Collision Reduction
Study’, there are more than 1,000,000 wildlife-vehicle collisions
every year;
‘‘(2) wildlife-vehicle collisions—
‘‘(A) present a danger to—
‘‘(i) human safety; and
‘‘(ii) wildlife survival; and
‘‘(B) represent a persistent concern that results in tens
of thousands of serious injuries and hundreds of fatalities
on the roadways of the United States; and
‘‘(3) the total annual cost associated with wildlife-vehicle
collisions has been estimated to be $8,388,000,000; and
‘‘(4) wildlife-vehicle collisions are a major threat to the
survival of species, including birds, reptiles, mammals, and
amphibians.
‘‘(b) ESTABLISHMENT.—The Secretary shall establish a competitive wildlife crossings pilot program (referred to in this section
as the ‘pilot program’) to provide grants for projects that seek
to achieve—
‘‘(1) a reduction in the number of wildlife-vehicle collisions;
and
‘‘(2) in carrying out the purpose described in paragraph
(1), improved habitat connectivity for terrestrial and aquatic
species.
‘‘(c) ELIGIBLE ENTITIES.—An entity eligible to apply for a grant
under the pilot program is—
‘‘(1) a State highway agency, or an equivalent of that
agency;
‘‘(2) a metropolitan planning organization (as defined in
section 134(b));
‘‘(3) a unit of local government;
‘‘(4) a regional transportation authority;
‘‘(5) a special purpose district or public authority with
a transportation function, including a port authority;
‘‘(6) an Indian tribe (as defined in section 207(m)(1)),
including a Native village and a Native Corporation (as those
terms are defined in section 3 of the Alaska Native Claims
Settlement Act (43 U.S.C. 1602));
‘‘(7) a Federal land management agency; or
‘‘(8) a group of any of the entities described in paragraphs
(1) through (7).
‘‘(d) APPLICATIONS.—

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23 USC 171.

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Consultation.

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‘‘(1) IN GENERAL.—To be eligible to receive a grant under
the pilot program, an eligible entity shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require.
‘‘(2) REQUIREMENT.—If an application under paragraph (1)
is submitted by an eligible entity other than an eligible entity
described in paragraph (1) or (7) of subsection (c), the application shall include documentation that the State highway
agency, or an equivalent of that agency, of the State in which
the eligible entity is located was consulted during the development of the application.
‘‘(3) GUIDANCE.—To enhance consideration of current and
reliable data, eligible entities may obtain guidance from an
agency in the State with jurisdiction over fish and wildlife.
‘‘(e) CONSIDERATIONS.—In selecting grant recipients under the
pilot program, the Secretary shall take into consideration the following:
‘‘(1) Primarily, the extent to which the proposed project
of an eligible entity is likely to protect motorists and wildlife
by reducing the number of wildlife-vehicle collisions and
improve habitat connectivity for terrestrial and aquatic species.
‘‘(2) Secondarily, the extent to which the proposed project
of an eligible entity is likely to accomplish the following:
‘‘(A) Leveraging Federal investment by encouraging
non-Federal contributions to the project, including projects
from public-private partnerships.
‘‘(B) Supporting local economic development and
improvement of visitation opportunities.
‘‘(C) Incorporation of innovative technologies, including
advanced design techniques and other strategies to enhance
efficiency and effectiveness in reducing wildlife-vehicle collisions and improving habitat connectivity for terrestrial and
aquatic species.
‘‘(D) Provision of educational and outreach opportunities.
‘‘(E) Monitoring and research to evaluate, compare
effectiveness of, and identify best practices in, selected
projects.
‘‘(F) Any other criteria relevant to reducing the number
of wildlife-vehicle collisions and improving habitat
connectivity for terrestrial and aquatic species, as the Secretary determines to be appropriate, subject to the condition
that the implementation of the pilot program shall not
be delayed in the absence of action by the Secretary to
identify additional criteria under this subparagraph.
‘‘(f) USE OF FUNDS.—
‘‘(1) IN GENERAL.—The Secretary shall ensure that a grant
received under the pilot program is used for a project to reduce
wildlife-vehicle collisions.
‘‘(2) GRANT ADMINISTRATION.—
‘‘(A) IN GENERAL.—A grant received under the pilot
program shall be administered by—
‘‘(i) in the case of a grant to a Federal land management agency or an Indian tribe (as defined in section
207(m)(1), including a Native village and a Native
Corporation (as those terms are defined in section 3
of the Alaska Native Claims Settlement Act (43 U.S.C.

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135 STAT. 501

1602))), the Federal Highway Administration, through
an agreement; and
‘‘(ii) in the case of a grant to an eligible entity
other than an eligible entity described in clause (i),
the State highway agency, or an equivalent of that
agency, for the State in which the project is to be
carried out.
‘‘(B) PARTNERSHIPS.—
‘‘(i) IN GENERAL.—A grant received under the pilot
program may be used to provide funds to eligible partners of the project for which the grant was received
described in clause (ii), in accordance with the terms
of the project agreement.
‘‘(ii) ELIGIBLE PARTNERS DESCRIBED.—The eligible
partners referred to in clause (i) include—
‘‘(I) a metropolitan planning organization (as
defined in section 134(b));
‘‘(II) a unit of local government;
‘‘(III) a regional transportation authority;
‘‘(IV) a special purpose district or public
authority with a transportation function, including
a port authority;
‘‘(V) an Indian tribe (as defined in section
207(m)(1)), including a Native village and a Native
Corporation (as those terms are defined in section
3 of the Alaska Native Claims Settlement Act (43
U.S.C. 1602));
‘‘(VI) a Federal land management agency;
‘‘(VII)
a
foundation,
nongovernmental
organization, or institution of higher education;
‘‘(VIII) a Federal, Tribal, regional, or State
government entity; and
‘‘(IX) a group of any of the entities described
in subclauses (I) through (VIII).
‘‘(3) COMPLIANCE.—An eligible entity that receives a grant
under the pilot program and enters into a partnership described
in paragraph (2) shall establish measures to verify that an
eligible partner that receives funds from the grant complies
with the conditions of the pilot program in using those funds.
‘‘(g) REQUIREMENT.—The Secretary shall ensure that not less
than 60 percent of the amounts made available for grants under
the pilot program each fiscal year are for projects located in rural
areas.
‘‘(h) ANNUAL REPORT TO CONGRESS.—
‘‘(1) IN GENERAL.—Not later than December 31 of each
calendar year, the Secretary shall submit to Congress, and
make publicly available, a report describing the activities under
the pilot program for the fiscal year that ends during that
calendar year.
‘‘(2) CONTENTS.—The report under paragraph (1) shall
include—
‘‘(A) a detailed description of the activities carried out
under the pilot program;
‘‘(B) an evaluation of the effectiveness of the pilot program in meeting the purposes described in subsection (b);
and

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Urban and rural
areas.

Public
information.

Evaluation.

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135 STAT. 502
Recommendations.

23 USC 101 prec.

PUBLIC LAW 117–58—NOV. 15, 2021

‘‘(C) policy recommendations to improve the effectiveness of the pilot program.
‘‘(i) TREATMENT OF PROJECTS.—Notwithstanding any other
provision of law, a project assisted under this section shall be
treated as a project on a Federal-aid highway under this chapter.’’.
(2) CLERICAL AMENDMENT.—The analysis for chapter 1 of
title 23, United States Code, is amended by inserting after
the item relating to section 170 the following:
‘‘171. Wildlife crossings pilot program.’’.

(c) WILDLIFE VEHICLE COLLISION REDUCTION AND HABITAT
CONNECTIVITY IMPROVEMENT.—
(1) IN GENERAL.—Chapter 1 of title 23, United States Code
(as amended by subsection (b)(1)), is amended by adding at
the end the following:
23 USC 172.

‘‘§ 172.

Wildlife-vehicle collision reduction and habitat
connectivity improvement
‘‘(a) STUDY.—
‘‘(1) IN GENERAL.—The Secretary shall conduct a study
(referred to in this subsection as the ‘study’) of the state,
as of the date of the study, of the practice of methods to
reduce collisions between motorists and wildlife (referred to
in this section as ‘wildlife-vehicle collisions’).
‘‘(2) CONTENTS.—
‘‘(A) AREAS OF STUDY.—The study shall—
‘‘(i) update and expand on, as appropriate—
‘‘(I) the report entitled ‘Wildlife Vehicle Collision Reduction Study: 2008 Report to Congress’;
and
‘‘(II) the document entitled ‘Wildlife Vehicle
Collision Reduction Study: Best Practices Manual’
and dated October 2008; and
‘‘(ii) include—
‘‘(I) an assessment, as of the date of the study,
of—
‘‘(aa) the causes of wildlife-vehicle collisions;
‘‘(bb) the impact of wildlife-vehicle collisions on motorists and wildlife; and
‘‘(cc) the impacts of roads and traffic on
habitat connectivity for terrestrial and aquatic
species; and
‘‘(II) solutions and best practices for—
‘‘(aa) reducing wildlife-vehicle collisions;
and
‘‘(bb) improving habitat connectivity for
terrestrial and aquatic species.
‘‘(B) METHODS.—In carrying out the study, the Secretary shall—
‘‘(i) conduct a thorough review of research and
data relating to—
‘‘(I) wildlife-vehicle collisions; and
‘‘(II) habitat fragmentation that results from
transportation infrastructure;
‘‘(ii) survey current practices of the Department
of Transportation and State departments of transportation to reduce wildlife-vehicle collisions; and

Update.

Assessments.

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Review.

Survey.

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135 STAT. 503

‘‘(iii) consult with—
‘‘(I) appropriate experts in the field of wildlifevehicle collisions; and
‘‘(II) appropriate experts on the effects of roads
and traffic on habitat connectivity for terrestrial
and aquatic species.
‘‘(3) REPORT.—
‘‘(A) IN GENERAL.—Not later than 18 months after the
date of enactment of the Surface Transportation Reauthorization Act of 2021, the Secretary shall submit to Congress
a report on the results of the study.
‘‘(B) CONTENTS.—The report under subparagraph (A)
shall include—
‘‘(i) a description of—
‘‘(I) the causes of wildlife-vehicle collisions;
‘‘(II) the impacts of wildlife-vehicle collisions;
and
‘‘(III) the impacts of roads and traffic on—
‘‘(aa) species listed as threatened species
or endangered species under the Endangered
Species Act of 1973 (16 U.S.C. 1531 et seq.);
‘‘(bb) species identified by States as species of greatest conservation need;
‘‘(cc) species identified in State wildlife
plans; and
‘‘(dd) medium and small terrestrial and
aquatic species;
‘‘(ii) an economic evaluation of the costs and benefits of installing highway infrastructure and other
measures to mitigate damage to terrestrial and aquatic
species, including the effect on jobs, property values,
and economic growth to society, adjacent communities,
and landowners;
‘‘(iii) recommendations for preventing wildlifevehicle collisions, including recommended best practices, funding resources, or other recommendations for
addressing wildlife-vehicle collisions; and
‘‘(iv) guidance, developed in consultation with Federal land management agencies and State departments
of transportation, State fish and wildlife agencies, and
Tribal governments that agree to participate, for developing, for each State that agrees to participate, a voluntary joint statewide transportation and wildlife
action plan—
‘‘(I) to address wildlife-vehicle collisions; and
‘‘(II) to improve habitat connectivity for terrestrial and aquatic species.
‘‘(b) WORKFORCE DEVELOPMENT AND TECHNICAL TRAINING.—
‘‘(1) IN GENERAL.—Not later than 3 years after the date
of enactment of the Surface Transportation Reauthorization
Act of 2021, the Secretary shall, based on the study conducted
under subsection (a), develop a series of in-person and online
workforce development and technical training courses—
‘‘(A) to reduce wildlife-vehicle collisions; and
‘‘(B) to improve habitat connectivity for terrestrial and
aquatic species.
‘‘(2) AVAILABILITY.—The Secretary shall—

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Evaluation.

Recommendations.

Consultation.

Deadline.

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Updates.

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‘‘(A) make the series of courses developed under paragraph (1) available for transportation and fish and wildlife
professionals; and
‘‘(B) update the series of courses not less frequently
than once every 2 years.
‘‘(c) STANDARDIZATION OF WILDLIFE COLLISION AND CARCASS
DATA.—
‘‘(1) STANDARDIZED METHODOLOGY.—
‘‘(A) IN GENERAL.—The Secretary, acting through the
Administrator of the Federal Highway Administration
(referred to in this subsection as the ‘Secretary’), shall
develop a quality standardized methodology for collecting
and reporting spatially accurate wildlife collision and carcass data for the National Highway System, considering
the practicability of the methodology with respect to technology and cost.
‘‘(B) METHODOLOGY.—In developing the standardized
methodology under subparagraph (A), the Secretary shall—
‘‘(i) survey existing methodologies and sources of
data collection, including the Fatality Analysis
Reporting System, the General Estimates System of
the National Automotive Sampling System, and the
Highway Safety Information System; and
‘‘(ii) to the extent practicable, identify and correct
limitations of those existing methodologies and sources
of data collection.
‘‘(C) CONSULTATION.—In developing the standardized
methodology under subparagraph (A), the Secretary shall
consult with—
‘‘(i) the Secretary of the Interior;
‘‘(ii) the Secretary of Agriculture, acting through
the Chief of the Forest Service;
‘‘(iii) Tribal, State, and local transportation and
wildlife authorities;
‘‘(iv) metropolitan planning organizations (as
defined in section 134(b));
‘‘(v) members of the American Association of State
Highway Transportation Officials;
‘‘(vi) members of the Association of Fish and Wildlife Agencies;
‘‘(vii) experts in the field of wildlife-vehicle collisions;
‘‘(viii) nongovernmental organizations; and
‘‘(ix) other interested stakeholders, as appropriate.
‘‘(2) STANDARDIZED NATIONAL DATA SYSTEM WITH VOLUNTARY TEMPLATE IMPLEMENTATION.—The Secretary shall—
‘‘(A) develop a template for State implementation of
a standardized national wildlife collision and carcass data
system for the National Highway System that is based
on the standardized methodology developed under paragraph (1); and
‘‘(B) encourage the voluntary implementation of the
template developed under subparagraph (A).
‘‘(3) REPORTS.—
‘‘(A) METHODOLOGY.—The Secretary shall submit to
Congress a report describing the standardized methodology

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135 STAT. 505

developed under paragraph (1) not later than the later
of—
‘‘(i) the date that is 18 months after the date
of enactment of the Surface Transportation Reauthorization Act of 2021; and
‘‘(ii) the date that is 180 days after the date on
which the Secretary completes the development of the
standardized methodology.
‘‘(B) IMPLEMENTATION.—Not later than 4 years after
the date of enactment of the Surface Transportation
Reauthorization Act of 2021, the Secretary shall submit
to Congress a report describing—
‘‘(i) the status of the voluntary implementation
of the standardized methodology developed under paragraph (1) and the template developed under paragraph
(2)(A);
‘‘(ii) whether the implementation of the standardized methodology developed under paragraph (1) and
the template developed under paragraph (2)(A) has
impacted efforts by States, units of local government,
and other entities—
‘‘(I) to reduce the number of wildlife-vehicle
collisions; and
‘‘(II) to improve habitat connectivity;
‘‘(iii) the degree of the impact described in clause
(ii); and
‘‘(iv) the recommendations of the Secretary,
including recommendations for further study aimed
at reducing motorist collisions involving wildlife and
improving habitat connectivity for terrestrial and
aquatic species on the National Highway System, if
any.
‘‘(d) NATIONAL THRESHOLD GUIDANCE.—The Secretary shall—
‘‘(1) establish guidance, to be carried out by States on
a voluntary basis, that contains a threshold for determining
whether a highway shall be evaluated for potential mitigation
measures to reduce wildlife-vehicle collisions and increase
habitat connectivity for terrestrial and aquatic species, taking
into consideration—
‘‘(A) the number of wildlife-vehicle collisions on the
highway that pose a human safety risk;
‘‘(B) highway-related mortality and the effects of traffic
on the highway on—
‘‘(i) species listed as endangered species or threatened species under the Endangered Species Act of 1973
(16 U.S.C. 1531 et seq.);
‘‘(ii) species identified by a State as species of
greatest conservation need;
‘‘(iii) species identified in State wildlife plans; and
‘‘(iv) medium and small terrestrial and aquatic
species; and
‘‘(C) habitat connectivity values for terrestrial and
aquatic species and the barrier effect of the highway on
the movements and migrations of those species.’’.
(2) CLERICAL AMENDMENT.—The analysis for chapter 1 of
title 23, United States Code (as amended by subsection (b)(2))

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Determination.

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PUBLIC LAW 117–58—NOV. 15, 2021
is amended by inserting after the item relating to section 171
the following:

‘‘172. Wildlife-vehicle collision reduction and habitat connectivity improvement.’’.

(d) WILDLIFE CROSSINGS STANDARDS.—Section 109(c)(2) of title
23, United States Code, is amended—
(1) in subparagraph (E), by striking ‘‘and’’ at the end;
(2) by redesignating subparagraph (F) as subparagraph
(G); and
(3) by inserting after subparagraph (E) the following:
‘‘(F) the publication of the Federal Highway Administration entitled ‘Wildlife Crossing Structure Handbook:
Design and Evaluation in North America’ and dated March
2011; and’’.
(e) WILDLIFE HABITAT CONNECTIVITY AND NATIONAL BRIDGE
AND TUNNEL INVENTORY AND INSPECTION STANDARDS.—Section 144
of title 23, United States Code, is amended—
(1) in subsection (a)(2)—
(A) in subparagraph (B), by inserting ‘‘, resilience,’’
after ‘‘safety’’;
(B) in subparagraph (D), by striking ‘‘and’’ at the end;
(C) in subparagraph (E), by striking the period at
the end and inserting ‘‘; and’’; and
(D) by adding at the end the following:
‘‘(F) to ensure adequate passage of aquatic and terrestrial species, where appropriate.’’;
(2) in subsection (b)—
(A) in paragraph (4), by striking ‘‘and’’ at the end;
(B) in paragraph (5), by striking the period at the
end and inserting ‘‘; and’’; and
(C) by adding at the end the following:
‘‘(6) determine if the replacement or rehabilitation of
bridges and tunnels should include measures to enable safe
and unimpeded movement for terrestrial and aquatic species.’’;
and
(3) in subsection (i), by adding at the end the following:
‘‘(3) REQUIREMENT.—The first revision under paragraph (2)
after the date of enactment of the Surface Transportation
Reauthorization Act of 2021 shall include techniques to assess
passage of aquatic and terrestrial species and habitat restoration potential.’’.
SEC. 11124. CONSOLIDATION OF PROGRAMS.

Section 1519(a) of MAP–21 (Public Law 112–141; 126 Stat.
574; 129 Stat. 1423) is amended, in the matter preceding paragraph
(1), by striking ‘‘fiscal years 2016 through 2020’’ and inserting
‘‘fiscal years 2022 through 2026’’.
SEC. 11125. GAO REPORT.

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Repeal.

(a) IN GENERAL.—Section 1433 of the FAST Act (23 U.S.C.
101 note; Public Law 114–94) is repealed.
(b) CLERICAL AMENDMENT.—The table of contents in section
1(b) of the FAST Act (Public Law 114–94; 129 Stat. 1312) is
amended by striking the item relating to section 1433.
SEC. 11126. TERRITORIAL AND PUERTO RICO HIGHWAY PROGRAM.

Section 165 of title 23, United States Code, is amended—

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PUBLIC LAW 117–58—NOV. 15, 2021

135 STAT. 507

(1) in subsection (a), by striking paragraphs (1) and (2)
and inserting the following:
‘‘(1) for the Puerto Rico highway program under subsection
(b)—
‘‘(A) $173,010,000 shall be for fiscal year 2022;
‘‘(B) $176,960,000 shall be for fiscal year 2023;
‘‘(C) $180,120,000 shall be for fiscal year 2024;
‘‘(D) $183,675,000 shall be for fiscal year 2025; and
‘‘(E) $187,230,000 shall be for fiscal year 2026; and
‘‘(2) for the territorial highway program under subsection
(c)—
‘‘(A) $45,990,000 shall be for fiscal year 2022;
‘‘(B) $47,040,000 shall be for fiscal year 2023;
‘‘(C) $47,880,000 shall be for fiscal year 2024;
‘‘(D) $48,825,000 shall be for fiscal year 2025; and
‘‘(E) $49,770,000 shall be for fiscal year 2026.’’;
(2) in subsection (b)(2)(C)(iii), by inserting ‘‘and preventative maintenance on the National Highway System’’ after
‘‘chapter 1’’; and
(3) in subsection (c)(7), by striking ‘‘paragraphs (1) through
(4) of section 133(c) and section 133(b)(12)’’ and inserting ‘‘paragraphs (1), (2), (3), and (5) of section 133(c) and section
133(b)(13)’’.

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SEC. 11127. NATIONALLY SIGNIFICANT FEDERAL LANDS AND TRIBAL
PROJECTS PROGRAM.

Section 1123 of the FAST Act (23 U.S.C. 201 note; Public
Law 114–94) is amended—
(1) in subsection (c)(3), by striking ‘‘$25,000,000’’ and all
that follows through the period at the end and inserting
‘‘$12,500,000.’’;
(2) in subsection (g)—
(A) by striking the subsection designation and heading
and all that follows through ‘‘The Federal’’ in paragraph
(1) and inserting the following:
‘‘(g) COST SHARE.—
‘‘(1) FEDERAL SHARE.—
‘‘(A) IN GENERAL.—Except as provided in subparagraph
(B), the Federal’’;
(B) in paragraph (1), by adding at the end the following:
‘‘(B) TRIBAL PROJECTS.—In the case of a project on
a tribal transportation facility (as defined in section 101(a)
of title 23, United States Code), the Federal share of the
cost of the project shall be 100 percent.’’; and
(C) in paragraph (2), by striking ‘‘other than those
made available under title 23 or title 49, United States
Code,’’; and
(3) by striking subsection (h) and inserting the following:
‘‘(h) USE OF FUNDS.—
‘‘(1) IN GENERAL.—For each fiscal year, of the amounts
made available to carry out this section—
‘‘(A) 50 percent shall be used for eligible projects on
Federal lands transportation facilities and Federal lands
access transportation facilities (as those terms are defined
in section 101(a) of title 23, United States Code); and

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PUBLIC LAW 117–58—NOV. 15, 2021
‘‘(B) 50 percent shall be used for eligible projects on
tribal transportation facilities (as defined in section 101(a)
of title 23, United States Code).
‘‘(2) REQUIREMENT.—Not less than 1 eligible project carried
out using the amount described in paragraph (1)(A) shall be
in a unit of the National Park System with not less than
3,000,000 annual visitors.
‘‘(3) AVAILABILITY.—Amounts made available to carry out
this section shall remain available for a period of 3 fiscal
years following the fiscal year for which the amounts are appropriated.’’.

SEC. 11128. TRIBAL HIGH PRIORITY PROJECTS PROGRAM.

Section 1123(h) of MAP–21 (23 U.S.C. 202 note; Public Law
112–141) is amended—
(1) by redesignating paragraph (2) as paragraph (3);
(2) in paragraph (3) (as so redesignated), in the matter
preceding subparagraph (A), by striking ‘‘paragraph (1)’’ and
inserting ‘‘paragraphs (1) and (2)’’; and
(3) by striking the subsection designation and heading and
all that follows through the period at the end of paragraph
(1) and inserting the following:
‘‘(h) FUNDING.—
‘‘(1) SET-ASIDE.—For each of fiscal years 2022 through 2026,
of the amounts made available to carry out the tribal transportation program under section 202 of title 23, United States
Code, for that fiscal year, the Secretary shall use $9,000,000
to carry out the program.
‘‘(2) AUTHORIZATION OF APPROPRIATIONS.—In addition to
amounts made available under paragraph (1), there is authorized to be appropriated $30,000,000 out of the general fund
of the Treasury to carry out the program for each of fiscal
years 2022 through 2026.’’.
SEC. 11129. STANDARDS.

Section 109 of title 23, United States Code, is amended—
(1) in subsection (d)—
(A) by striking ‘‘(d) On any’’ and inserting the following:
‘‘(d) MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES.—
‘‘(1) IN GENERAL.—On any’’;
(B) in paragraph (1) (as so designated), by striking
‘‘promote the safe’’ and inserting ‘‘promote the safety, inclusion, and mobility of all users’’; and
(C) by adding at the end the following:
‘‘(2) UPDATES.—Not later than 18 months after the date
of enactment of the Surface Transportation Reauthorization
Act of 2021 and not less frequently than every 4 years thereafter, the Secretary shall update the Manual on Uniform Traffic
Control Devices.’’;
(2) in subsection (o)—
(A) by striking ‘‘Projects’’ and inserting:
‘‘(A) IN GENERAL.—Projects’’; and
(B) by inserting at the end the following:
‘‘(B) LOCAL JURISDICTIONS.—Notwithstanding subparagraph (A), a local jurisdiction may use a roadway design
guide recognized by the Federal Highway Administration
and adopted by the local jurisdiction that is different from
the roadway design guide used by the State in which

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the local jurisdiction is located for the design of projects
on all roadways under the ownership of the local jurisdiction (other than a highway on the National Highway
System) for which the local jurisdiction is the project
sponsor, provided that the design complies with all other
applicable Federal laws.’’; and
(3) by adding at the end the following:
‘‘(s) ELECTRIC VEHICLE CHARGING STATIONS.—
‘‘(1) STANDARDS.—Electric vehicle charging infrastructure
installed using funds provided under this title shall provide,
at a minimum—
‘‘(A) non-proprietary charging connectors that meet
applicable industry safety standards; and
‘‘(B) open access to payment methods that are available
to all members of the public to ensure secure, convenient,
and equal access to the electric vehicle charging infrastructure that shall not be limited by membership to a particular
payment provider.
‘‘(2) TREATMENT OF PROJECTS.—Notwithstanding any other
provision of law, a project to install electric vehicle charging
infrastructure using funds provided under this title shall be
treated as if the project is located on a Federal-aid highway.’’.
SEC. 11130. PUBLIC TRANSPORTATION.

(a) IN GENERAL.—Section 142(a) of title 23, United States Code,
is amended by adding at the end the following:
‘‘(3) BUS CORRIDORS.—In addition to the projects described
in paragraphs (1) and (2), the Secretary may approve payment
from sums apportioned under paragraph (2) or (7) of section
104(b) for carrying out a capital project for the construction
of a bus rapid transit corridor or dedicated bus lanes, including
the construction or installation of—
‘‘(A) traffic signaling and prioritization systems;
‘‘(B) redesigned intersections that are necessary for
the establishment of a bus rapid transit corridor;
‘‘(C) on-street stations;
‘‘(D) fare collection systems;
‘‘(E) information and wayfinding systems; and
‘‘(F) depots.’’.
(b) TECHNICAL CORRECTION.—Section 142 of title 23, United
States Code, is amended by striking subsection (i).

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SEC. 11131. RESERVATION OF CERTAIN FUNDS.

(a) OPEN CONTAINER REQUIREMENTS.—Section 154(c)(2) of title
23, United States Code, is amended—
(1) in the paragraph heading, by striking ‘‘2012’’ and
inserting ‘‘2022’’;
(2) by striking subparagraph (A) and inserting the following:
‘‘(A) RESERVATION OF FUNDS.—
‘‘(i) IN GENERAL.—On October 1, 2021, and each
October 1 thereafter, in the case of a State described
in clause (ii), 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

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Certification.

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Effective dates.
Certification.

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use those reserved funds in accordance with subparagraphs (A) and (B) of paragraph (1), and paragraph
(3).
‘‘(ii) STATES DESCRIBED.—A State referred to in
clause (i) is a State—
‘‘(I) that has not enacted or is not enforcing
an open container law described in subsection (b);
and
‘‘(II) for which the Secretary determined for
the prior fiscal year that the State had not enacted
or was not enforcing an open container law
described in subsection (b).’’; and
(3) in subparagraph (B), in the matter preceding clause
(i), by striking ‘‘subparagraph (A)’’ and inserting ‘‘subparagraph
(A)(i)’’.
(b) REPEAT INTOXICATED DRIVER LAWS.—Section 164(b)(2) of
title 23, United States Code, is amended—
(1) in the paragraph heading, by striking ‘‘2012’’ and
inserting ‘‘2022’’;
(2) by striking subparagraph (A) and inserting the following:
‘‘(A) RESERVATION OF FUNDS.—
‘‘(i) IN GENERAL.—On October 1, 2021, and each
October 1 thereafter, in the case of a State described
in clause (ii), 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).
‘‘(ii) STATES DESCRIBED.—A State referred to in
clause (i) is a State—
‘‘(I) that has not enacted or is not enforcing
a repeat intoxicated driver law; and
‘‘(II) for which the Secretary determined for
the prior fiscal year that the State had not enacted
or was not enforcing a repeat intoxicated driver
law.’’; and
(3) in subparagraph (B), in the matter preceding clause
(i), by striking ‘‘subparagraph (A)’’ and inserting ‘‘subparagraph
(A)(i)’’.
SEC. 11132. RURAL SURFACE TRANSPORTATION GRANT PROGRAM.

(a) IN GENERAL.—Chapter 1 of title 23, United States Code
(as amended by section 11123(c)(1)), is amended by adding at the
end the following:

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23 USC 173.

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‘‘§ 173. Rural surface transportation grant program
‘‘(a) DEFINITIONS.—In this section:
‘‘(1) PROGRAM.—The term ‘program’ means the program
established under subsection (b)(1).
‘‘(2) RURAL AREA.—The term ‘rural area’ means an area
that is outside an urbanized area with a population of over
200,000.
‘‘(b) ESTABLISHMENT.—

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‘‘(1) IN GENERAL.—The Secretary shall establish a rural
surface transportation grant program to provide grants, on
a competitive basis, to eligible entities to improve and expand
the surface transportation infrastructure in rural areas.
‘‘(2) GOALS.—The goals of the program shall be—
‘‘(A) to increase connectivity;
‘‘(B) to improve the safety and reliability of the movement of people and freight; and
‘‘(C) to generate regional economic growth and improve
quality of life.
‘‘(3) GRANT ADMINISTRATION.—The Secretary may—
‘‘(A) retain not more than a total of 2 percent of the
funds made available to carry out the program and to
review applications for grants under the program; and
‘‘(B) transfer portions of the funds retained under
subparagraph (A) to the relevant Administrators to fund
the award and oversight of grants provided under the
program.
‘‘(c) ELIGIBLE ENTITIES.—The Secretary may make a grant
under the program to—
‘‘(1) a State;
‘‘(2) a regional transportation planning organization;
‘‘(3) a unit of local government;
‘‘(4) a Tribal government or a consortium of Tribal governments; and
‘‘(5) a multijurisdictional group of entities described in paragraphs (1) through (4).
‘‘(d) APPLICATIONS.—To be eligible to receive a grant under
the program, an eligible entity shall submit to the Secretary an
application in such form, at such time, and containing such information as the Secretary may require.
‘‘(e) ELIGIBLE PROJECTS.—
‘‘(1) IN GENERAL.—Except as provided in paragraph (2),
the Secretary may make a grant under the program only for
a project that is—
‘‘(A) a highway, bridge, or tunnel project eligible under
section 119(d);
‘‘(B) a highway, bridge, or tunnel project eligible under
section 133(b);
‘‘(C) a project eligible under section 202(a);
‘‘(D) a highway freight project eligible under section
167(h)(5);
‘‘(E) a highway safety improvement project, including
a project to improve a high risk rural road (as those terms
are defined in section 148(a));
‘‘(F) a project on a publicly-owned highway or bridge
that provides or increases access to an agricultural,
commercial, energy, or intermodal facility that supports
the economy of a rural area; or
‘‘(G) a project to develop, establish, or maintain an
integrated mobility management system, a transportation
demand management system, or on-demand mobility services.
‘‘(2) BUNDLING OF ELIGIBLE PROJECTS.—
‘‘(A) IN GENERAL.—An eligible entity may bundle 2
or more similar eligible projects under the program that
are—

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Transfer
authority.

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‘‘(i) included as a bundled project in a statewide
transportation improvement program under section
135; and
‘‘(ii) awarded to a single contractor or consultant
pursuant to a contract for engineering and design or
construction between the contractor and the eligible
entity.
‘‘(B) ITEMIZATION.—Notwithstanding any other provision of law (including regulations), a bundling of eligible
projects under this paragraph may be considered to be
a single project, including for purposes of section 135.
‘‘(f) ELIGIBLE PROJECT COSTS.—An eligible entity may use funds
from a grant under the program for—
‘‘(1) development phase activities, including planning, feasibility analysis, revenue forecasting, environmental review,
preliminary engineering and design work, and 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.
‘‘(g) PROJECT REQUIREMENTS.—The Secretary may provide a
grant under the program to an eligible project only if the Secretary
determines that the project—
‘‘(1) will generate regional economic, mobility, or safety
benefits;
‘‘(2) will be cost effective;
‘‘(3) will contribute to the accomplishment of 1 or more
of the national goals under section 150;
‘‘(4) is based on the results of preliminary engineering;
and
‘‘(5) 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 providing grants under
the program, the Secretary shall consider the extent to which an
eligible project will—
‘‘(1) improve the state of good repair of existing highway,
bridge, and tunnel facilities;
‘‘(2) increase the capacity or connectivity of the surface
transportation system and improve mobility for residents of
rural areas;
‘‘(3) address economic development and job creation challenges, including energy sector job losses in energy communities
as identified in the report released in April 2021 by the interagency working group established by section 218 of Executive
Order 14008 (86 Fed. Reg. 7628 (February 1, 2021));
‘‘(4) enhance recreational and tourism opportunities by providing access to Federal land, national parks, national forests,
national recreation areas, national wildlife refuges, wilderness
areas, or State parks;
‘‘(5) contribute to geographic diversity among grant recipients;
‘‘(6) utilize innovative project delivery approaches or incorporate transportation technologies;

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135 STAT. 513

‘‘(7) coordinate with projects to address broadband infrastructure needs; or
‘‘(8) improve access to emergency care, essential services,
healthcare providers, or drug and alcohol treatment and
rehabilitation resources.
‘‘(i) GRANT AMOUNT.—Except as provided in subsection (k)(1),
a grant under the program shall be in an amount that is not
less than $25,000,000.
‘‘(j) FEDERAL SHARE.—
‘‘(1) IN GENERAL.—Except as provided in paragraph (2),
the Federal share of the cost of a project carried out with
a grant under the program may not exceed 80 percent.
‘‘(2) FEDERAL SHARE FOR CERTAIN PROJECTS.—The Federal
share of the cost of an eligible project that furthers the completion of a designated segment of the Appalachian Development
Highway System under section 14501 of title 40, or addresses
a surface transportation infrastructure need identified for the
Denali access system program under section 309 of the Denali
Commission Act of 1998 (42 U.S.C. 3121 note; Public Law
105–277) shall be up to 100 percent, as determined by the
State.
‘‘(3) USE OF OTHER FEDERAL ASSISTANCE.—Federal assistance other than a grant under the program may be used to
satisfy the non-Federal share of the cost of a project carried
out with a grant under the program.
‘‘(k) SET ASIDES.—
‘‘(1) SMALL PROJECTS.—The Secretary shall use not more
than 10 percent of the amounts made available for the program
for each fiscal year to provide grants for eligible projects in
an amount that is less than $25,000,000.
‘‘(2) APPALACHIAN DEVELOPMENT HIGHWAY SYSTEM.—The
Secretary shall reserve 25 percent of the amounts made available for the program for each fiscal year for eligible projects
that further the completion of designated routes of the Appalachian Development Highway System under section 14501 of
title 40.
‘‘(3) RURAL ROADWAY LANE DEPARTURES.—The Secretary
shall reserve 15 percent of the amounts made available for
the program for each fiscal year to provide grants for eligible
projects located in States that have rural roadway fatalities
as a result of lane departures that are greater than the average
of rural roadway fatalities as a result of lane departures in
the United States, based on the latest available data from
the Secretary.
‘‘(4) EXCESS FUNDING.—In any fiscal year in which qualified
applications for grants under this subsection do not allow for
the amounts reserved under paragraphs (1), (2), or (3) to be
fully utilized, the Secretary shall use the unutilized amounts
to make other grants under the program.
‘‘(l) CONGRESSIONAL REVIEW.—
‘‘(1) NOTIFICATION.—Not less than 60 days before providing
a grant under the program, 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) a list of all applications determined to be eligible
for a grant by the Secretary;

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Coordination.

Determination.

Deadlines.

List.
Determination.

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135 STAT. 514

Proposal.

Deadline.
Web posting.

Web posting.

23 USC 101 prec.

PUBLIC LAW 117–58—NOV. 15, 2021

‘‘(B) each application proposed to be selected for a
grant, including a justification for the selection; and
‘‘(C) proposed grant amounts.
‘‘(2) COMMITTEE REVIEW.—Before the last day of the 60day period described in paragraph (1), each Committee
described in paragraph (1) shall review the list of proposed
projects submitted by the Secretary.
‘‘(3) CONGRESSIONAL DISAPPROVAL.—The Secretary may not
make a grant or any other obligation or commitment to fund
a project under the program if a joint resolution is enacted
disapproving funding for the project before the last day of
the 60-day period described in paragraph (1).
‘‘(m) TRANSPARENCY.—
‘‘(1) IN GENERAL.—Not later than 30 days after providing
a grant for a project under the program, the Secretary shall
provide to all applicants, and publish on the website of the
Department of Transportation, the information described in
subsection (l)(1).
‘‘(2) BRIEFING.—The Secretary shall provide, on the request
of an eligible entity, the opportunity to receive a briefing to
explain any reasons the eligible entity was not selected to
receive a grant under the program.
‘‘(n) REPORTS.—
‘‘(1) ANNUAL REPORT.—The Secretary shall make available
on the website of the Department of Transportation at the
end of each fiscal year an annual report that lists each project
for which a grant has been provided under the program 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 awarding of grants under
the program for each fiscal year.
‘‘(B) REPORT.—Each fiscal year, the Comptroller General 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 report that describes, for the fiscal year—
‘‘(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.
‘‘(o) TREATMENT OF PROJECTS.—Notwithstanding any other
provision of law, a project assisted under this section shall be
treated as a project on a Federal-aid highway under this chapter.’’.
(b) CLERICAL AMENDMENT.—The analysis for chapter 1 of title
23, United States Code (as amended by section 11123(c)(2)), is
amended by inserting after the item relating to section 172 the
following:
‘‘173. Rural surface transportation grant program.’’.

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SEC. 11133. BICYCLE TRANSPORTATION AND PEDESTRIAN WALKWAYS.

Section 217 of title 23, United States Code, is amended—
(1) in subsection (a)—

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135 STAT. 515

(A) by striking ‘‘pedestrian walkways and bicycle’’ and
inserting ‘‘pedestrian walkways and bicycle and shared
micromobility’’; and
(B) by striking ‘‘safe bicycle use’’ and inserting ‘‘safe
access for bicyclists and pedestrians’’;
(2) in subsection (d), by striking ‘‘a position’’ and inserting
‘‘up to 2 positions’’;
(3) in subsection (e), by striking ‘‘bicycles’’ each place it
appears and inserting ‘‘pedestrians or bicyclists’’;
(4) in subsection (f), by striking ‘‘and a bicycle’’ and
inserting ‘‘or a bicycle or shared micromobility’’; and
(5) in subsection (j), by striking paragraph (2) and inserting
the following:
‘‘(2) ELECTRIC BICYCLE.—
‘‘(A) IN GENERAL.—The term ‘electric bicycle’ means
a bicycle—
‘‘(i) equipped with fully operable pedals, a saddle
or seat for the rider, and an electric motor of less
than 750 watts;
‘‘(ii) that can safely share a bicycle transportation
facility with other users of such facility; and
‘‘(iii) that is a class 1 electric bicycle, class 2 electric
bicycle, or class 3 electric bicycle.
‘‘(B) CLASSES OF ELECTRIC BICYCLES.—
‘‘(i) CLASS 1 ELECTRIC BICYCLE.—For purposes of
subparagraph (A)(iii), the term ‘class 1 electric bicycle’
means an electric bicycle, other than a class 3 electric
bicycle, equipped with a motor that—
‘‘(I) provides assistance only when the rider
is pedaling; and
‘‘(II) ceases to provide assistance when the
speed of the bicycle reaches or exceeds 20 miles
per hour.
‘‘(ii) CLASS 2 ELECTRIC BICYCLE.—For purposes of
subparagraph (A)(iii), the term ‘class 2 electric bicycle’
means an electric bicycle equipped with a motor that—
‘‘(I) may be used exclusively to propel the
bicycle; and
‘‘(II) is not capable of providing assistance
when the speed of the bicycle reaches or exceeds
20 miles per hour.
‘‘(iii) CLASS 3 ELECTRIC BICYCLE.—For purposes of
subparagraph (A)(iii), the term ‘class 3 electric bicycle’
means an electric bicycle equipped with a motor that—
‘‘(I) provides assistance only when the rider
is pedaling; and
‘‘(II) ceases to provide assistance when the
speed of the bicycle reaches or exceeds 28 miles
per hour.’’.

Definition.

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SEC. 11134. RECREATIONAL TRAILS PROGRAM.

Section 206 of title 23, United States Code, is amended by
adding at the end the following:
‘‘(j) USE OF OTHER APPORTIONED FUNDS.—Funds apportioned
to a State under section 104(b) that are obligated for a recreational
trail or a related project shall be administered as if the funds
were made available to carry out this section.’’.

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135 STAT. 516
23 USC 109 note.

PUBLIC LAW 117–58—NOV. 15, 2021

SEC. 11135. UPDATES TO MANUAL ON UNIFORM TRAFFIC CONTROL
DEVICES.

In carrying out the first update to the Manual on Uniform
Traffic Control Devices under section 109(d)(2) of title 23, United
States Code, to the greatest extent practicable, the Secretary shall
include updates necessary to provide for—
(1) the protection of vulnerable road users (as defined in
section 148(a) of title 23, United States Code);
(2) supporting the safe testing of automated vehicle technology and any preparation necessary for the safe integration
of automated vehicles onto public streets;
(3) appropriate use of variable message signs to enhance
public safety;
(4) the minimum retroreflectivity of traffic control devices
and pavement markings; and
(5) any additional recommendations made by the National
Committee on Uniform Traffic Control Devices that have not
been incorporated into the Manual on Uniform Traffic Control
Devices.

Subtitle B—Planning and Performance
Management

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SEC. 11201. TRANSPORTATION PLANNING.

(a) METROPOLITAN TRANSPORTATION PLANNING.—Section 134
of title 23, United States Code, is amended—
(1) in subsection (d)—
(A) in paragraph (3), by adding at the end the following:
‘‘(D) CONSIDERATIONS.—In designating officials or representatives under paragraph (2) for the first time, subject
to the bylaws or enabling statute of the metropolitan planning organization, the metropolitan planning organization
shall consider the equitable and proportional representation of the population of the metropolitan planning area.’’;
and
(B) in paragraph (7)—
(i) by striking ‘‘an existing metropolitan planning
area’’ and inserting ‘‘an existing urbanized area (as
defined by the Bureau of the Census)’’; and
(ii) by striking ‘‘the existing metropolitan planning
area’’ and inserting ‘‘the area’’;
(2) in subsection (g)—
(A) in paragraph (1), by striking ‘‘a metropolitan area’’
and inserting ‘‘an urbanized area (as defined by the Bureau
of the Census)’’; and
(B) by adding at the end the following:
‘‘(4) COORDINATION BETWEEN MPOS.—If more than 1 metropolitan planning organization is designated within an urbanized
area (as defined by the Bureau of the Census) under subsection
(d)(7), the metropolitan planning organizations designated
within the area shall ensure, to the maximum extent practicable, the consistency of any data used in the planning
process, including information used in forecasting travel
demand.

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PUBLIC LAW 117–58—NOV. 15, 2021

135 STAT. 517

‘‘(5) SAVINGS CLAUSE.—Nothing in this subsection requires
metropolitan planning organizations designated within a single
urbanized area to jointly develop planning documents, including
a unified long-range transportation plan or unified TIP.’’;
(3) in subsection (i)(6), by adding at the end the following:
‘‘(D) USE OF TECHNOLOGY.—A metropolitan planning
organization may use social media and other web-based
tools—
‘‘(i) to further encourage public participation; and
‘‘(ii) to solicit public feedback during the transportation planning process.’’; and
(4) in subsection (p), by striking ‘‘paragraphs (5)(D) and
(6) of section 104(b) of this title’’ and inserting ‘‘section
104(b)(6)’’.
(b) STATEWIDE AND NONMETROPOLITAN TRANSPORTATION PLANNING.—Section 135(f)(3) of title 23, United States Code, is amended
by adding at the end the following:
‘‘(C) USE OF TECHNOLOGY.—A State may use social
media and other web-based tools—
‘‘(i) to further encourage public participation; and
‘‘(ii) to solicit public feedback during the transportation planning process.’’.
(c) CONFORMING AMENDMENT.—Section 135(i) of title 23, United
States Code, is amended by striking ‘‘paragraphs (5)(D) and (6)
of section 104(b) of this title’’ and inserting ‘‘section 104(b)(6)’’.
(d) HOUSING COORDINATION.—Section 134 of title 23, United
States Code, is amended—
(1) in subsection (a)(1), by inserting ‘‘better connect housing
and employment,’’ after ‘‘urbanized areas’’;
(2) in subsection (g)(3)(A), by inserting ‘‘housing,’’ after
‘‘economic development,’’;
(3) in subsection (h)(1)(E), by inserting ‘‘, housing,’’ after
‘‘growth’’;
(4) in subsection (i)—
(A) in paragraph (4)(B)—
(i) by redesignating clauses (iii) through (vi) as
clauses (iv) through (vii), respectively; and
(ii) by inserting after clause (ii) the following:
‘‘(iii) assumed distribution of population and
housing;’’; and
(B) in paragraph (6)(A), by inserting ‘‘affordable
housing organizations,’’ after ‘‘disabled,’’; and
(5) in subsection (k)—
(A) by redesignating paragraphs (4) and (5) as paragraphs (5) and (6), respectively; and
(B) by inserting after paragraph (3) the following:
‘‘(4) HOUSING COORDINATION PROCESS.—
‘‘(A) IN GENERAL.—Within a metropolitan planning
area serving a transportation management area, the
transportation planning process under this section may
address the integration of housing, transportation, and economic development strategies through a process that provides for effective integration, based on a cooperatively
developed and implemented strategy, of new and existing
transportation facilities eligible for funding under this title
and chapter 53 of title 49.

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135 STAT. 518

PUBLIC LAW 117–58—NOV. 15, 2021
‘‘(B)
COORDINATION
PROCESS.—In carrying out

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Consultation.

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IN

INTEGRATED

PLANNING

the process described in subparagraph (A), a metropolitan planning organization may—
‘‘(i) consult with—
‘‘(I) State and local entities responsible for land
use, economic development, housing, management
of road networks, or public transportation; and
‘‘(II) other appropriate public or private entities; and
‘‘(ii) coordinate, to the extent practicable, with
applicable State and local entities to align the goals
of the process with the goals of any comprehensive
housing affordability strategies established within the
metropolitan planning area pursuant to section 105
of the Cranston-Gonzalez National Affordable Housing
Act (42 U.S.C. 12705) and plans developed under section 5A of the United States Housing Act of 1937
(42 U.S.C. 1437c–1).
‘‘(C) HOUSING COORDINATION PLAN.—
‘‘(i) IN GENERAL.—A metropolitan planning
organization serving a transportation management
area may develop a housing coordination plan that
includes projects and strategies that may be considered
in the metropolitan transportation plan of the metropolitan planning organization.
‘‘(ii) CONTENTS.—A plan described in clause (i)
may—
‘‘(I) develop regional goals for the integration
of housing, transportation, and economic development strategies to—
‘‘(aa) better connect housing and employment while mitigating commuting times;
‘‘(bb) align transportation improvements
with housing needs, such as housing supply
shortages, and proposed housing development;
‘‘(cc) align planning for housing and
transportation to address needs in relationship
to household incomes within the metropolitan
planning area;
‘‘(dd) expand housing and economic
development within the catchment areas of
existing transportation facilities and public
transportation services when appropriate,
including higher-density development, as
locally determined;
‘‘(ee) manage effects of growth of vehicle
miles traveled experienced in the metropolitan
planning area related to housing development
and economic development;
‘‘(ff) increase share of households with
sufficient and affordable access to the
transportation networks of the metropolitan
planning area;
‘‘(II) identify the location of existing and
planned housing and employment, and transportation options that connect housing and employment; and

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135 STAT. 519

‘‘(III) include a comparison of transportation
plans to land use management plans, including
zoning plans, that may affect road use, public
transportation ridership, and housing development.’’.
SEC. 11202. FISCAL CONSTRAINT ON LONG-RANGE TRANSPORTATION
PLANS.

Not later than 1 year after the date of enactment of this
Act, the Secretary shall amend section 450.324(f)(11)(v) of title
23, Code of Federal Regulations, to ensure that the outer years
of a metropolitan transportation plan are defined as ‘‘beyond the
first 4 years’’.

Deadline.
Time period.
23 USC 134 note.

SEC. 11203. STATE HUMAN CAPITAL PLANS.

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(a) IN GENERAL.—Chapter 1 of title 23, United States Code
(as amended by section 11132(a)), is amended by adding at the
end the following:
‘‘§ 174. State human capital plans
‘‘(a) IN GENERAL.—Not later than 18 months after the date
of enactment of this section, the Secretary shall encourage each
State to develop a voluntary plan, to be known as a ‘human capital
plan’, that provides for the immediate and long-term personnel
and workforce needs of the State with respect to the capacity
of the State to deliver transportation and public infrastructure
eligible under this title.
‘‘(b) PLAN CONTENTS.—
‘‘(1) IN GENERAL.—A human capital plan developed by a
State under subsection (a) shall, to the maximum extent practicable, take into consideration—
‘‘(A) significant transportation workforce trends, needs,
issues, and challenges with respect to the State;
‘‘(B) the human capital policies, strategies, and
performance measures that will guide the transportationrelated workforce investment decisions of the State;
‘‘(C) coordination with educational institutions,
industry, organized labor, workforce boards, and other
agencies or organizations to address the human capital
transportation needs of the State;
‘‘(D) a workforce planning strategy that identifies current and future human capital needs, including the knowledge, skills, and abilities needed to recruit and retain
skilled workers in the transportation industry;
‘‘(E) a human capital management strategy that is
aligned with the transportation mission, goals, and
organizational objectives of the State;
‘‘(F) an implementation system for workforce goals
focused on addressing continuity of leadership and knowledge sharing across the State;
‘‘(G) an implementation system that addresses
workforce competency gaps, particularly in mission-critical
occupations;
‘‘(H) in the case of public-private partnerships or other
alternative project delivery methods to carry out the
transportation program of the State, a description of
workforce needs—

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23 USC 174.
Deadline.

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Time period.

Records.
Web posting.

23 USC 101 prec.

PUBLIC LAW 117–58—NOV. 15, 2021

‘‘(i) to ensure that the transportation mission,
goals, and organizational objectives of the State are
fully carried out; and
‘‘(ii) to ensure that procurement methods provide
the best public value;
‘‘(I) a system for analyzing and evaluating the performance of the State department of transportation with respect
to all aspects of human capital management policies, programs, and activities; and
‘‘(J) the manner in which the plan will improve the
ability of the State to meet the national policy in support
of performance management established under section 150.
‘‘(2) PLANNING PERIOD.—If a State develops a human capital
plan under subsection (a), the plan shall address a 5-year
forecast period.
‘‘(c) PLAN UPDATES.—If a State develops a human capital plan
under subsection (a), the State shall update the plan not less
frequently than once every 5 years.
‘‘(d) RELATIONSHIP TO LONG-RANGE PLAN.—
‘‘(1) IN GENERAL.—Subject to paragraph (2), a human capital plan developed by a State under subsection (a) may be
developed separately from, or incorporated into, the long-range
statewide transportation plan required under section 135.
‘‘(2) EFFECT OF SECTION.—Nothing in this section requires
a State, or authorizes the Secretary to require a State, to
incorporate a human capital plan into the long-range statewide
transportation plan required under section 135.
‘‘(e) PUBLIC AVAILABILITY.—Each State that develops a human
capital plan under subsection (a) shall make a copy of the plan
available to the public in a user-friendly format on the website
of the State department of transportation.
‘‘(f) SAVINGS PROVISION.—Nothing in this section prevents a
State from carrying out transportation workforce planning—
‘‘(1) not described in this section; or
‘‘(2) not in accordance with this section.’’.
(b) CLERICAL AMENDMENT.—The analysis for chapter 1 of title
23, United States Code (as amended by section 11132(b)), is
amended by inserting after the item relating to section 173 the
following:
‘‘174. State human capital plans.’’.

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23 USC 134 note.

SEC. 11204. PRIORITIZATION PROCESS PILOT PROGRAM.

(a) DEFINITIONS.—In this section:
(1) ELIGIBLE ENTITY.—The term ‘‘eligible entity’’ means any
of the following:
(A) A metropolitan planning organization that serves
an area with a population of over 200,000.
(B) A State.
(2) METROPOLITAN PLANNING ORGANIZATION.—The term
‘‘metropolitan planning organization’’ has the meaning given
the term in section 134(b) of title 23, United States Code.
(3) PRIORITIZATION PROCESS PILOT PROGRAM.—The term
‘‘prioritization process pilot program’’ means the pilot program
established under subsection (b)(1).
(b) ESTABLISHMENT.—
(1) IN GENERAL.—The Secretary shall establish and solicit
applications for a prioritization process pilot program.

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135 STAT. 521

(2) PURPOSE.—The purpose of the prioritization process
pilot program shall be to support data-driven approaches to
planning that, on completion, can be evaluated for public benefit.
(c) PILOT PROGRAM ADMINISTRATION.—
(1) IN GENERAL.—An eligible entity participating in the
prioritization process pilot program shall—
(A) use priority objectives that are developed—
(i) in the case of an urbanized area with a population of over 200,000, by the metropolitan planning
organization that serves the area, in consultation with
the State;
(ii) in the case of an urbanized area with a population of 200,000 or fewer, by the State in consultation
with all metropolitan planning organizations in the
State; and
(iii) through a public process that provides an
opportunity for public input;
(B) assess and score projects and strategies on the
basis of—
(i) the contribution and benefits of the project or
strategy to each priority objective developed under
subparagraph (A);
(ii) the cost of the project or strategy relative to
the contribution and benefits assessed and scored
under clause (i); and
(iii) public support;
(C) use the scores assigned under subparagraph (B)
to guide project selection in the development of the
transportation plan and transportation improvement program; and
(D) ensure that the public—
(i) has opportunities to provide public comment
on projects before decisions are made on the transportation plan and the transportation improvement program; and
(ii) has access to clear reasons why each project
or strategy was selected or not selected.
(2) REQUIREMENTS.—An eligible entity that receives a grant
under the prioritization process pilot program shall use the
funds as described in each of the following, as applicable:
(A) METROPOLITAN TRANSPORTATION PLANNING.—In the
case of a metropolitan planning organization that serves
an area with a population of over 200,000, the entity shall—
(i) develop and implement a publicly accessible,
transparent prioritization process for the selection of
projects for inclusion on the transportation plan for
the metropolitan planning area under section 134(i)
of title 23, United States Code, and section 5303(i)
of title 49, United States Code, which shall—
(I) include criteria identified by the metropolitan planning organization, which may be weighted
to reflect the priority objectives developed under
paragraph (1)(A), that the metropolitan planning
organization has determined support—

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Consultation.

Assessment.

Public comment.

Criteria.

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135 STAT. 522

(aa) factors described in section 134(h) of
title 23, United States Code, and section
5303(h) of title 49, United States Code;
(bb) targets for national performance
measures under section 150(b) of title 23,
United States Code;
(cc) applicable transportation goals in the
metropolitan planning area or State set by
the applicable transportation agency; and
(dd) priority objectives developed under
paragraph (1)(A);
(II) evaluate the outcomes for each proposed
project on the basis of the benefits of the proposed
project with respect to each of the criteria
described in subclause (I) relative to the cost of
the proposed project; and
(III) use the evaluation under subclause (II)
to create a ranked list of proposed projects; and
(ii) with respect to the priority list under section
134(j)(2)(A) of title 23 and section 5303(j)(2)(A) of title
49, United States Code, include projects according to
the rank of the project under clause (i)(III), except
as provided in subparagraph (D).
(B) STATEWIDE TRANSPORTATION PLANNING.—In the
case of a State, the State shall—
(i) develop and implement a publicly accessible,
transparent process for the selection of projects for
inclusion on the long-range statewide transportation
plan under section 135(f) of title 23, United States
Code, which shall—
(I) include criteria identified by the State,
which may be weighted to reflect statewide priorities, that the State has determined support—
(aa) factors described in section 135(d) of
title 23, United States Code, and section
5304(d) of title 49, United States Code;
(bb) national transportation goals under
section 150(b) of title 23, United States Code;
(cc) applicable transportation goals in the
State; and
(dd) the priority objectives developed
under paragraph (1)(A);
(II) evaluate the outcomes for each proposed
project on the basis of the benefits of the proposed
project with respect to each of the criteria
described in subclause (I) relative to the cost of
the proposed project; and
(III) use the evaluation under subclause (II)
to create a ranked list of proposed projects; and
(ii) with respect to the statewide transportation
improvement program under section 135(g) of title 23,
United States Code, and section 5304(g) of title 49,
United States Code, include projects according to the
rank of the project under clause (i)(III), except as provided in subparagraph (D).
(C) ADDITIONAL TRANSPORTATION PLANNING.—If the
eligible entity has implemented, and has in effect, the

Evaluation.

List.

Criteria.

Evaluation.

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List.

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requirements under subparagraph (A) or (B), as applicable,
the eligible entity may use any remaining funds from a
grant provided under the pilot program for any transportation planning purpose.
(D) EXCEPTIONS TO PRIORITY RANKING.—In the case
of any project that the eligible entity chooses to include
or not include in the transportation improvement program
under section 134(j) of title 23, United States Code, or
the statewide transportation improvement program under
section 135(g) of title 23, United States Code, as applicable,
in a manner that is contrary to the priority ranking for
that project established under subparagraph (A)(i)(III) or
(B)(i)(III), the eligible entity shall make publicly available
an explanation for the decision, including—
(i) a review of public comments regarding the
project;
(ii) an evaluation of public support for the project;
(iii) an assessment of geographic balance of
projects of the eligible entity; and
(iv) the number of projects of the eligible entity
in economically distressed areas.
(3) MAXIMUM AMOUNT.—The maximum amount of a grant
under the prioritization process pilot program is $2,000,000.
(d) APPLICATIONS.—To be eligible to participate in the
prioritization process pilot program, an eligible entity shall submit
to the Secretary an application at such time, in such manner,
and containing such information as the Secretary may require.

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SEC. 11205. TRAVEL DEMAND DATA AND MODELING.

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Review.
Evaluation.
Assessment.

23 USC 134 note.

(a) DEFINITION OF METROPOLITAN PLANNING ORGANIZATION.—
In this section, the term ‘‘metropolitan planning organization’’ has
the meaning given the term in section 134(b) of title 23, United
States Code.
(b) STUDY.—
(1) IN GENERAL.—Not later than 2 years after the date
of enactment of this Act, and not less frequently than once
every 5 years thereafter, the Secretary shall carry out a study
that—
(A) gathers travel data and travel demand forecasts
from a representative sample of States and metropolitan
planning organizations;
(B) uses the data and forecasts gathered under
subparagraph (A) to compare travel demand forecasts with
the observed data, including—
(i) traffic counts;
(ii) travel mode share and public transit ridership;
and
(iii) vehicle occupancy measures; and
(C) uses the information described in subparagraphs
(A) and (B)—
(i) to develop best practices or guidance for States
and metropolitan planning organizations to use in forecasting travel demand for future investments in
transportation improvements;
(ii) to evaluate the impact of transportation investments, including new roadway capacity, on travel

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Public
information.

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Deadline.
Time period.

Evaluation.

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PUBLIC LAW 117–58—NOV. 15, 2021
behavior and travel demand, including public transportation ridership, induced highway travel, and congestion;
(iii) to support more accurate travel demand forecasting by States and metropolitan planning organizations; and
(iv) to enhance the capacity of States and metropolitan planning organizations—
(I) to forecast travel demand; and
(II) to track observed travel behavior
responses, including induced travel, to changes in
transportation capacity, pricing, and land use patterns.
(2) SECRETARIAL SUPPORT.—The Secretary shall seek
opportunities to support the transportation planning processes
under sections 134 and 135 of title 23, United States Code,
through the provision of data to States and metropolitan planning organizations to improve the quality of plans, models,
and forecasts described in this subsection.
(3) EVALUATION TOOL.—The Secretary shall develop a publicly available multimodal web-based tool for the purpose of
enabling States and metropolitan planning organizations to
evaluate the effect of investments in highway and public
transportation projects on the use and conditions of all transportation assets within the State or area served by the metropolitan planning organization, as applicable.

Public
information.

23 USC 134 note.

SEC. 11206. INCREASING SAFE AND ACCESSIBLE TRANSPORTATION
OPTIONS.

(a) DEFINITION OF COMPLETE STREETS STANDARDS OR POLIthis section, the term ‘‘Complete Streets standards or
policies’’ means standards or policies that ensure the safe and
adequate accommodation of all users of the transportation system,
including pedestrians, bicyclists, public transportation users, children, older individuals, individuals with disabilities, motorists, and
freight vehicles.
(b) FUNDING REQUIREMENT.—Notwithstanding any other provision of law, each State and metropolitan planning organization
shall use to carry out 1 or more activities described in subsection
(c)—
(1) in the case of a State, not less than 2.5 percent of
the amounts made available to the State to carry out section
505 of title 23, United States Code; and
(2) in the case of a metropolitan planning organization,
not less than 2.5 percent of the amounts made available to
the metropolitan planning organization under section 104(d)
of title 23, United States Code.
(c) ACTIVITIES DESCRIBED.—An activity referred to in subsection
(b) is an activity to increase safe and accessible options for multiple
travel modes for people of all ages and abilities, which, if permissible
under applicable State and local laws, may include—
(1) adoption of Complete Streets standards or policies;
(2) development of a Complete Streets prioritization plan
that identifies a specific list of Complete Streets projects to
improve the safety, mobility, or accessibility of a street;
(3) development of transportation plans—

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(A) to create a network of active transportation facilities, including sidewalks, bikeways, or pedestrian and
bicycle trails, to connect neighborhoods with destinations
such as workplaces, schools, residences, businesses, recreation areas, healthcare and child care services, or other
community activity centers;
(B) to integrate active transportation facilities with
public transportation service or improve access to public
transportation;
(C) to create multiuse active transportation infrastructure facilities, including bikeways or pedestrian and bicycle
trails, that make connections within or between communities;
(D) to increase public transportation ridership; and
(E) to improve the safety of bicyclists and pedestrians;
(4) regional and megaregional planning to address travel
demand and capacity constraints through alternatives to new
highway capacity, including through intercity passenger rail;
and
(5) development of transportation plans and policies that
support transit-oriented development.
(d) FEDERAL SHARE.—The Federal share of the cost of an
activity carried out under this section shall be 80 percent, unless
the Secretary determines that the interests of the Federal-aid highway program would be best served by decreasing or eliminating
the non-Federal share.
(e) STATE FLEXIBILITY.—A State or metropolitan planning
organization, with the approval of the Secretary, may opt out of
the requirements of this section if the State or metropolitan planning organization demonstrates to the Secretary, by not later than
30 days before the Secretary apportions funds for a fiscal year
under section 104, that the State or metropolitan planning organization—
(1) has Complete Streets standards and policies in place;
and
(2) has developed an up-to-date Complete Streets
prioritization plan as described in subsection (c)(2).

Determination.

Deadline.

Subtitle C—Project Delivery and Process
Improvement

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SEC. 11301. CODIFICATION OF ONE FEDERAL DECISION.

(a) IN GENERAL.—Section 139 of title 23, United States Code,
is amended—
(1) in the section heading, by striking ‘‘decisionmaking’’
and inserting ‘‘decisionmaking and One Federal Decision’’;
(2) in subsection (a)—
(A) by redesignating paragraphs (2) through (8) as
paragraphs (4), (5), (6), (8), (9), (10), and (11), respectively;
(B) by inserting after paragraph (1) the following:
‘‘(2) AUTHORIZATION.—The term ‘authorization’ means any
environmental license, permit, approval, finding, or other
administrative decision related to the environmental review
process that is required under Federal law to site, construct,
or reconstruct a project.

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Definitions.

Determinations.

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Reviews.

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‘‘(3) ENVIRONMENTAL DOCUMENT.—The term ‘environmental
document’ includes an environmental assessment, finding of
no significant impact, notice of intent, environmental impact
statement, or record of decision under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).’’;
(C) in subparagraph (B) of paragraph (5) (as so redesignated), by striking ‘‘process for and completion of any
environmental permit’’ and inserting ‘‘process and schedule,
including a timetable for and completion of any environmental permit’’; and
(D) by inserting after paragraph (6) (as so redesignated) the following:
‘‘(7) MAJOR PROJECT.—
‘‘(A) IN GENERAL.—The term ‘major project’ means a
project for which—
‘‘(i) multiple permits, approvals, reviews, or studies
are required under a Federal law other than the
National Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.);
‘‘(ii) the project sponsor has identified the reasonable availability of funds sufficient to complete the
project;
‘‘(iii) the project is not a covered project (as defined
in section 41001 of the FAST Act (42 U.S.C. 4370m));
and
‘‘(iv)(I) the head of the lead agency has determined
that an environmental impact statement is required;
or
‘‘(II) the head of the lead agency has determined
that an environmental assessment is required, and
the project sponsor requests that the project be treated
as a major project.
‘‘(B) CLARIFICATION.—In this section, the term ‘major
project’ does not have the same meaning as the term ‘major
project’ as described in section 106(h).’’;
(3) in subsection (b)(1)—
(A) by inserting ‘‘, including major projects,’’ after ‘‘all
projects’’; and
(B) by inserting ‘‘as requested by a project sponsor
and’’ after ‘‘applied,’’;
(4) in subsection (c)—
(A) in paragraph (6)—
(i) in subparagraph (B), by striking ‘‘and’’ at the
end;
(ii) in subparagraph (C), by striking the period
at the end and inserting ‘‘; and’’; and
(iii) by adding at the end the following:
‘‘(D) to calculate annually the average time taken by
the lead agency to complete all environmental documents
for each project during the previous fiscal year.’’; and
(B) by adding at the end the following:
‘‘(7) PROCESS IMPROVEMENTS FOR PROJECTS.—
‘‘(A) IN GENERAL.—The Secretary shall review—
‘‘(i) existing practices, procedures, rules, regulations, and applicable laws to identify impediments to
meeting the requirements applicable to projects under
this section; and

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135 STAT. 527

‘‘(ii) best practices, programmatic agreements, and
potential changes to internal departmental procedures
that would facilitate an efficient environmental review
process for projects.
‘‘(B) CONSULTATION.—In conducting the review under
subparagraph (A), the Secretary shall consult, as appropriate, with the heads of other Federal agencies that
participate in the environmental review process.
‘‘(C) REPORT.—Not later than 2 years after the date
of enactment of the Surface Transportation Reauthorization
Act of 2021, 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 report that includes—
‘‘(i) the results of the review under subparagraph
(A); and
‘‘(ii) an analysis of whether additional funding
would help the Secretary meet the requirements
applicable to projects under this section.’’;
(5) in subsection (d)—
(A) in paragraph (8)—
(i) in the paragraph heading, by striking ‘‘NEPA’’
and inserting ‘‘ENVIRONMENTAL’’;
(ii) in subparagraph (A)—
(I) by inserting ‘‘and except as provided in
subparagraph (D)’’ after ‘‘paragraph (7)’’;
(II) by striking ‘‘permits’’ and inserting
‘‘authorizations’’; and
(III) by striking ‘‘single environment document’’ and inserting ‘‘single environmental document for each kind of environmental document’’;
(iii) in subparagraph (B)(i)—
(I) by striking ‘‘an environmental document’’
and inserting ‘‘environmental documents’’; and
(II) by striking ‘‘permits issued’’ and inserting
‘‘authorizations’’; and
(iv) by adding at the end the following:
‘‘(D) EXCEPTIONS.—The lead agency may waive the
application of subparagraph (A) with respect to a project
if—
‘‘(i) the project sponsor requests that agencies issue
separate environmental documents;
‘‘(ii) the obligations of a cooperating agency or
participating agency under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.)
have already been satisfied with respect to the project;
or
‘‘(iii) the lead agency determines that reliance on
a single environmental document (as described in
subparagraph (A)) would not facilitate timely completion of the environmental review process for the
project.’’; and
(B) by adding at the end the following:
‘‘(10) TIMELY AUTHORIZATIONS FOR MAJOR PROJECTS.—
‘‘(A) DEADLINE.—Except as provided in subparagraph
(C), all authorization decisions necessary for the construction of a major project shall be completed by not later

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Waiver authority.

Determination.

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Time period.

Determination.

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than 90 days after the date of the issuance of a record
of decision for the major project.
‘‘(B) DETAIL.—The final environmental impact statement for a major project shall include an adequate level
of detail to inform decisions necessary for the role of the
participating agencies and cooperating agencies in the
environmental review process.
‘‘(C) EXTENSION OF DEADLINE.—The head of the lead
agency may extend the deadline under subparagraph (A)
if—
‘‘(i) Federal law prohibits the lead agency or
another agency from issuing an approval or permit
within the period described in that subparagraph;
‘‘(ii) the project sponsor requests that the permit
or approval follow a different timeline; or
‘‘(iii) an extension would facilitate completion of
the environmental review and authorization process
of the major project.’’;
(6) in subsection (g)(1)—
(A) in subparagraph (B)—
(i) in clause (ii)(IV), by striking ‘‘schedule for and
cost of’’ and inserting ‘‘time required by an agency
to conduct an environmental review and make
decisions under applicable Federal law relating to a
project (including the issuance or denial of a permit
or license) and the cost of’’; and
(ii) by adding at the end the following:
‘‘(iii) MAJOR PROJECT SCHEDULE.—To the maximum
extent practicable and consistent with applicable Federal law, in the case of a major project, the lead agency
shall develop, in concurrence with the project sponsor,
a schedule for the major project that is consistent
with an agency average of not more than 2 years
for the completion of the environmental review process
for major projects, as measured from, as applicable—
‘‘(I) the date of publication of a notice of intent
to prepare an environmental impact statement to
the record of decision; or
‘‘(II) the date on which the head of the lead
agency determines that an environmental assessment is required to a finding of no significant
impact.’’;
(B) by striking subparagraph (D) and inserting the
following:
‘‘(D) MODIFICATION.—
‘‘(i) IN GENERAL.—Except as provided in clause
(ii), the lead agency may lengthen or shorten a schedule
established under subparagraph (B) for good cause.
‘‘(ii) EXCEPTIONS.—
‘‘(I) MAJOR PROJECTS.—In the case of a major
project, the lead agency may lengthen a schedule
under clause (i) for a cooperating Federal agency
by not more than 1 year after the latest deadline
established for the major project by the lead
agency.
‘‘(II) SHORTENED SCHEDULES.—The lead
agency may not shorten a schedule under clause

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135 STAT. 529

(i) if doing so would impair the ability of a cooperating Federal agency to conduct necessary analyses
or otherwise carry out relevant obligations of the
Federal agency for the project.’’;
(C) by redesignating subparagraph (E) as subparagraph (F); and
(D) by inserting after subparagraph (D) the following:
‘‘(E) FAILURE TO MEET DEADLINE.—If a cooperating Federal agency fails to meet a deadline established under
subparagraph (D)(ii)(I)—
‘‘(i) the cooperating Federal agency shall submit
to the Secretary a report that describes the reasons
why the deadline was not met; and
‘‘(ii) the Secretary shall—
‘‘(I) transmit to the Committee on Environment and Public Works of the Senate and the
Committee on Transportation and Infrastructure
of the House of Representatives a copy of the report
under clause (i); and
‘‘(II) make the report under clause (i) publicly
available on the internet.’’;
(7) in subsection (n), by adding at the end the following:
‘‘(3) LENGTH OF ENVIRONMENTAL DOCUMENT.—
‘‘(A) IN GENERAL.—Notwithstanding any other provision of law and except as provided in subparagraph (B),
to the maximum extent practicable, the text of the items
described in paragraphs (4) through (6) of section
1502.10(a) of title 40, Code of Federal Regulations (or successor regulations), of an environmental impact statement
for a project shall be 200 pages or fewer.
‘‘(B) EXEMPTION.—An environmental impact statement
for a project may exceed 200 pages, if the lead agency
establishes a new page limit for the environmental impact
statement for that project.’’; and
(8) by adding at the end the following:
‘‘(p) ACCOUNTABILITY AND REPORTING FOR MAJOR PROJECTS.—
‘‘(1) IN GENERAL.—The Secretary shall establish a performance accountability system to track each major project.
‘‘(2) REQUIREMENTS.—The performance accountability
system under paragraph (1) shall, for each major project, track,
at a minimum—
‘‘(A) the environmental review process for the major
project, including the project schedule;
‘‘(B) whether the lead agency, cooperating agencies,
and participating agencies are meeting the schedule established for the environmental review process; and
‘‘(C) the time taken to complete the environmental
review process.
‘‘(q) DEVELOPMENT OF CATEGORICAL EXCLUSIONS.—
‘‘(1) IN GENERAL.—Not later than 60 days after the date
of enactment of this subsection, and every 4 years thereafter,
the Secretary shall—
‘‘(A) in consultation with the agencies described in
paragraph (2), identify the categorical exclusions described
in section 771.117 of title 23, Code of Federal Regulations
(or successor regulations), that would accelerate delivery

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Reports.

Records.

Public
information.
Web posting.

Deadline.
Time period.
Consultation.

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135 STAT. 530

List.

Deadline.
Publication.
Notice.
Regulations.

23 USC 101 prec.

PUBLIC LAW 117–58—NOV. 15, 2021

of a project if those categorical exclusions were available
to those agencies;
‘‘(B) collect existing documentation and substantiating
information on the categorical exclusions described in
subparagraph (A); and
‘‘(C) provide to each agency described in paragraph
(2)—
‘‘(i) a list of the categorical exclusions identified
under subparagraph (A); and
‘‘(ii) the documentation and substantiating
information under subparagraph (B).
‘‘(2) AGENCIES DESCRIBED.—The agencies referred to in
paragraph (1) are—
‘‘(A) the Department of the Interior;
‘‘(B) the Department of the Army;
‘‘(C) the Department of Commerce;
‘‘(D) the Department of Agriculture;
‘‘(E) the Department of Energy;
‘‘(F) the Department of Defense; and
‘‘(G) any other Federal agency that has participated
in an environmental review process for a project, as determined by the Secretary.
‘‘(3) ADOPTION OF CATEGORICAL EXCLUSIONS.—
‘‘(A) IN GENERAL.—Not later than 1 year after the
date on which the Secretary provides a list under paragraph (1)(C), an agency described in paragraph (2) shall
publish a notice of proposed rulemaking to propose any
categorical exclusions from the list applicable to the agency,
subject to the condition that the categorical exclusion
identified under paragraph (1)(A) meets the criteria for
a categorical exclusion under section 1508.1 of title 40,
Code of Federal Regulations (or successor regulations).
‘‘(B) PUBLIC COMMENT.—In a notice of proposed rulemaking under subparagraph (A), the applicable agency may
solicit comments on whether any of the proposed new categorical exclusions meet the criteria for a categorical exclusion under section 1508.1 of title 40, Code of Federal Regulations (or successor regulations).’’.
(b) CLERICAL AMENDMENT.—The analysis for chapter 1 of title
23, United States Code, is amended by striking the item relating
to section 139 and inserting the following:

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‘‘139. Efficient environmental reviews for project decisionmaking and One Federal
Decision.’’.

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Time period.
23 USC 401 note.

SEC. 11302. WORK ZONE PROCESS REVIEWS.

Time period.
23 USC 401 note.

SEC. 11303. TRANSPORTATION MANAGEMENT PLANS.

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The Secretary shall amend section 630.1008(e) of title 23, Code
of Federal Regulations, to ensure that the work zone process review
under that subsection is required not more frequently than once
every 5 years.
(a) IN GENERAL.—The Secretary shall amend section
630.1010(c) of title 23, Code of Federal Regulations, to ensure
that only a project described in that subsection with a lane closure
for 3 or more consecutive days shall be considered to be a significant
project for purposes of that section.

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(b) NON-INTERSTATE PROJECTS.—Notwithstanding any other
provision of law, a State shall not be required to develop or implement a transportation management plan (as described in section
630.1012 of title 23, Code of Federal Regulations (or successor
regulations)) for a highway project not on the Interstate System
if the project requires not more than 3 consecutive days of lane
closures.
SEC. 11304. INTELLIGENT TRANSPORTATION SYSTEMS.

(a) IN GENERAL.—The Secretary shall develop guidance for
using existing flexibilities with respect to the systems engineering
analysis described in part 940 of title 23, Code of Federal Regulations (or successor regulations).
(b) IMPLEMENTATION.—The Secretary shall ensure that any
guidance developed under subsection (a)—
(1) clearly identifies criteria for low-risk and exempt intelligent transportation systems projects, with a goal of minimizing unnecessary delay or paperwork burden;
(2) is consistently implemented by the Department nationwide; and
(3) is disseminated to Federal-aid recipients.
(c) SAVINGS PROVISION.—Nothing in this section prevents the
Secretary from amending part 940 of title 23, Code of Federal
Regulations (or successor regulations), to reduce State administrative burdens.

23 USC 502 note.

Criteria.

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SEC. 11305. ALTERNATIVE CONTRACTING METHODS.

(a) ALTERNATIVE CONTRACTING METHODS FOR FEDERAL LAND
MANAGEMENT AGENCIES AND TRIBAL GOVERNMENTS.—Section 201
of title 23, United States Code, is amended by adding at the end
the following:
‘‘(f) ALTERNATIVE CONTRACTING METHODS.—
‘‘(1) IN GENERAL.—Notwithstanding any other provision of
law (including the Federal Acquisition Regulation), a contracting method available to a State under this title may be
used by the Secretary, on behalf of—
‘‘(A) a Federal land management agency, in using any
funds pursuant to section 203, 204, or 308;
‘‘(B) a Federal land management agency, in using any
funds pursuant to section 1535 of title 31 for any of the
eligible uses described in sections 203(a)(1) and 204(a)(1)
and paragraphs (1) and (2) of section 308(a); or
‘‘(C) a Tribal government, in using funds pursuant
to section 202(b)(7)(D).
‘‘(2) METHODS DESCRIBED.—The contracting methods
referred to in paragraph (1) shall include, at a minimum—
‘‘(A) project bundling;
‘‘(B) bridge bundling;
‘‘(C) design-build contracting;
‘‘(D) 2-phase contracting;
‘‘(E) long-term concession agreements; and
‘‘(F) any method tested, or that could be tested, under
an experimental program relating to contracting methods
carried out by the Secretary.
‘‘(3) EFFECT.—Nothing in this subsection—
‘‘(A) affects the application of the Federal share for
the project carried out with a contracting method under
this subsection; or

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23 USC 201 note.

Consultation.
Procedures.

Analysis.
Evaluation.

PUBLIC LAW 117–58—NOV. 15, 2021

‘‘(B) modifies the point of obligation of Federal salaries
and expenses.’’.
(b) COOPERATION WITH FEDERAL AND STATE AGENCIES AND
FOREIGN COUNTRIES.—Section 308(a) of title 23, United States Code,
is amended by adding at the end the following:
‘‘(4) ALTERNATIVE CONTRACTING METHODS.—
‘‘(A) IN GENERAL.—Notwithstanding any other provision of law (including the Federal Acquisition Regulation),
in performing services under paragraph (1), the Secretary
may use any contracting method available to a State under
this title.
‘‘(B) METHODS DESCRIBED.—The contracting methods
referred to in subparagraph (A) shall include, at a minimum—
‘‘(i) project bundling;
‘‘(ii) bridge bundling;
‘‘(iii) design-build contracting;
‘‘(iv) 2-phase contracting;
‘‘(v) long-term concession agreements; and
‘‘(vi) any method tested, or that could be tested,
under an experimental program relating to contracting
methods carried out by the Secretary.’’.
(c) USE OF ALTERNATIVE CONTRACTING METHODS.—In carrying
out an alternative contracting method under section 201(f) or
308(a)(4) of title 23, United States Code, the Secretary shall—
(1) in consultation with the applicable Federal land
management agencies, establish clear procedures that are—
(A) applicable to the alternative contracting method;
and
(B) to the maximum extent practicable, consistent with
the requirements applicable to Federal procurement transactions;
(2) solicit input on the use of the alternative contracting
method from the affected industry prior to using the method;
and
(3) analyze and prepare an evaluation of the use of the
alternative contracting method.
SEC. 11306. FLEXIBILITY FOR PROJECTS.

Determination.

Section 1420 of the FAST Act (23 U.S.C. 101 note; Public
Law 114–94) is amended—
(1) in subsection (a), by striking ‘‘and on request by a
State, the Secretary may’’ in the matter preceding paragraph
(1) and all that follows through the period at the end of paragraph (2) and inserting the following: ‘‘, on request by a State,
and if in the public interest (as determined by the Secretary),
the Secretary shall exercise all existing flexibilities under—
‘‘(1) the requirements of title 23, United States Code; and
‘‘(2) other requirements administered by the Secretary, in
whole or in part.’’; and
(2) in subsection (b)(2)(A), by inserting ‘‘(including regulations)’’ after ‘‘environmental law’’.

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SEC. 11307. IMPROVED FEDERAL-STATE STEWARDSHIP AND OVERSIGHT AGREEMENTS.
23 USC 106 note.

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(a) DEFINITION OF TEMPLATE.—In this section, the term ‘‘template’’ means a template created by the Secretary for FederalState stewardship and oversight agreements that—

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135 STAT. 533

(1) includes all standard terms found in stewardship and
oversight agreements, including any terms in an attachment
to the agreement;
(2) is developed in accordance with section 106 of title
23, United States Code, or any other applicable authority;
and
(3) may be developed with consideration of relevant regulations, guidance, or policies.
(b) REQUEST FOR COMMENT.—
(1) IN GENERAL.—Not later than 60 days after the date
of enactment of this Act, the Secretary shall publish in the
Federal Register the template and a notice requesting public
comment on ways to improve the template.
(2) COMMENT PERIOD.—The Secretary shall provide a period
of not less than 60 days for public comment on the notice
under paragraph (1).
(3) CERTAIN ISSUES.—The notice under paragraph (1) shall
allow comment on any aspect of the template and shall specifically request public comment on—
(A) whether the template should be revised to delete
standard terms requiring approval by the Secretary of the
policies, procedures, processes, or manuals of the States,
or other State actions, if Federal law (including regulations)
does not specifically require an approval;
(B) opportunities to modify the template to allow
adjustments to the review schedules for State practices
or actions, including through risk-based approaches, program reviews, process reviews, or other means; and
(C) any other matters that the Secretary determines
to be appropriate.
(c) NOTICE OF ACTION; UPDATES.—
(1) IN GENERAL.—Not later than 1 year after the date
of enactment of this Act, after considering the comments
received in response to the Federal Register notice under subsection (b), the Secretary shall publish in the Federal Register
a notice that—
(A) describes any proposed changes to be made, and
any alternatives to such changes, to the template;
(B) addresses comments in response to which changes
were not made to the template; and
(C) prescribes a schedule and a plan to execute a
process for implementing the changes referred to in
subparagraph (A).
(2) APPROVAL REQUIREMENTS.—In addressing comments
under paragraph (1)(B), the Secretary shall include an explanation of the basis for retaining any requirement for approval
of State policies, procedures, processes, or manuals, or other
State actions, if Federal law (including regulations) does not
specifically require the approval.
(3) IMPLEMENTATION.—
(A) IN GENERAL.—Not later than 60 days after the
date on which the notice under paragraph (1) is published,
the Secretary shall make changes to the template in accordance with—
(i) the changes described in the notice under paragraph (1)(A); and

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Deadline.
Federal Register,
publication.
Notice.

Deadline.
Federal Register,
publication.

Schedule.
Plan.

Deadlines.

PUBL058

135 STAT. 534

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Determinations.

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PUBLIC LAW 117–58—NOV. 15, 2021

(ii) the schedule and plan described in the notice
under paragraph (1)(C).
(B) UPDATES.—Not later than 1 year after the date
on which the revised template under subparagraph (A)
is published, the Secretary shall update existing agreements with States according to the template updated under
subparagraph (A).
(d) INCLUSION OF NON-STANDARD TERMS.—Nothing in this section precludes the inclusion in a Federal-State stewardship and
oversight agreement of non-standard terms to address a Statespecific matter, including risk-based stewardship and Department
oversight involvement in individual projects of division interest.
(e) COMPLIANCE WITH NON-STATUTORY TERMS.—
(1) IN GENERAL.—The Secretary shall not enforce or otherwise require a State to comply with approval requirements
that are not required by Federal law (including regulations)
in a Federal-State stewardship and oversight agreement.
(2) APPROVAL AUTHORITY.—Notwithstanding any other
provision of law, the Secretary shall not assert approval
authority over any matter in a Federal-State stewardship and
oversight agreement reserved to States.
(f) FREQUENCY OF REVIEWS.—Section 106(g)(3) of title 23,
United States Code, is amended—
(1) by striking ‘‘annual’’;
(2) by striking ‘‘The Secretary’’ and inserting the following:
‘‘(A) IN GENERAL.—The Secretary’’; and
(3) by adding at the end the following:
‘‘(B) FREQUENCY.—
‘‘(i) IN GENERAL.—Except as provided in clauses
(ii) and (iii), the Secretary shall carry out a review
under subparagraph (A) not less frequently than once
every 2 years.
‘‘(ii) CONSULTATION WITH STATE.—The Secretary,
after consultation with a State, may make a determination to carry out a review under subparagraph (A)
for that State less frequently than provided under
clause (i).
‘‘(iii) CAUSE.—If the Secretary determines that
there is a specific reason to require a review more
frequently than provided under clause (i) with respect
to a State, the Secretary may carry out a review more
frequently than provided under that clause.’’.

49 USC 301 note.

SEC. 11308. GEOMATIC DATA.

Notice.

(a) IN GENERAL.—The Secretary shall develop guidance for
the acceptance and use of information obtained from a non-Federal
entity through geomatic techniques, including remote sensing and
land surveying, cartography, geographic information systems, global
navigation satellite systems, photogrammetry, or other remote
means.
(b) CONSIDERATIONS.—In carrying out this section, the Secretary shall ensure that acceptance or use of information described
in subsection (a) meets the data quality and operational requirements of the Secretary.
(c) PUBLIC COMMENT.—Before issuing any final guidance under
subsection (a), the Secretary shall provide to the public—
(1) notice of the proposed guidance; and

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PUBLIC LAW 117–58—NOV. 15, 2021

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(2) an opportunity to comment on the proposed guidance.
(d) SAVINGS CLAUSE.—Nothing in this section—
(1) requires the Secretary to accept or use information
that the Secretary determines does not meet the guidance
developed under this section; or
(2) changes the current statutory or regulatory requirements of the Department.
SEC. 11309. EVALUATION OF PROJECTS WITHIN AN OPERATIONAL
RIGHT-OF-WAY.

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(a) IN GENERAL.—Chapter 3 of title 23, United States Code,
is amended by adding at the end the following:
‘‘§ 331. Evaluation of projects within an operational rightof-way
‘‘(a) DEFINITIONS.—
‘‘(1) ELIGIBLE PROJECT OR ACTIVITY.—
‘‘(A) IN GENERAL.—In this section, the term ‘eligible
project or activity’ means a project or activity within an
existing operational right-of-way (as defined in section
771.117(c)(22) of title 23, Code of Federal Regulations (or
successor regulations))—
‘‘(i)(I) eligible for assistance under this title; or
‘‘(II) administered as if made available under this
title;
‘‘(ii) that is—
‘‘(I) a preventive maintenance, preservation,
or highway safety improvement project (as defined
in section 148(a)); or
‘‘(II) a new turn lane that the State advises
in writing to the Secretary would assist public
safety; and
‘‘(iii) that—
‘‘(I) is classified as a categorical exclusion
under section 771.117 of title 23, Code of Federal
Regulations (or successor regulations); or
‘‘(II) if the project or activity does not receive
assistance described in clause (i) would be considered a categorical exclusion if the project or activity
received assistance described in clause (i).
‘‘(B) EXCLUSION.—The term ‘eligible project or activity’
does not include a project to create a new travel lane.
‘‘(2) PRELIMINARY EVALUATION.—The term ‘preliminary
evaluation’, with respect to an application described in subsection (b)(1), means an evaluation that is customary or practicable for the relevant agency to complete within a 45-day
period for similar applications.
‘‘(3) RELEVANT AGENCY.—The term ‘relevant agency’ means
a Federal agency, other than the Federal Highway Administration, with responsibility for review of an application from a
State for a permit, approval, or jurisdictional determination
for an eligible project or activity.
‘‘(b) ACTION REQUIRED.—
‘‘(1) IN GENERAL.—Subject to paragraph (2), not later than
45 days after the date of receipt of an application by a State
for a permit, approval, or jurisdictional determination for an

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23 USC 331.

Deadline.

PUBL058

135 STAT. 536

Evaluation.
Notification.
Notice.

Reports.

Deadline.
Public
information.
Web posting.
Records.
23 USC 301 prec.

PUBLIC LAW 117–58—NOV. 15, 2021

eligible project or activity, the head of the relevant agency
shall—
‘‘(A) make at least a preliminary evaluation of the
application; and
‘‘(B) notify the State of the results of the preliminary
evaluation under subparagraph (A).
‘‘(2) EXTENSION.—The head of the relevant agency may
extend the review period under paragraph (1) by not more
than 30 days if the head of the relevant agency provides to
the State written notice that includes an explanation of the
need for the extension.
‘‘(3) FAILURE TO ACT.—If the head of the relevant agency
fails to meet a deadline under paragraph (1) or (2), as
applicable, the head of the relevant agency shall—
‘‘(A) not later than 30 days after the date of the missed
deadline, submit to the State, the Committee on Environment and Public Works of the Senate, and the Committee
on Transportation and Infrastructure of the House of Representatives a report that describes why the deadline was
missed; and
‘‘(B) not later than 14 days after the date on which
a report is submitted under subparagraph (A), make publicly available, including on the internet, a copy of that
report.’’.
(b) CLERICAL AMENDMENT.—The analysis for chapter 3 of title
23, United States Code, is amended by adding at the end the
following:
‘‘331. Evaluation of projects within an operational right-of-way.’’.
SEC. 11310. PRELIMINARY ENGINEERING.

(a) IN GENERAL.—Section 102 of title 23, United States Code,
is amended—
(1) by striking subsection (b); and
(2) in subsection (a), in the second sentence, by striking
‘‘Nothing in this subsection’’ and inserting the following:
‘‘(b) SAVINGS PROVISION.—Nothing in this section’’.
(b) CONFORMING AMENDMENT.—Section 144(j) of title 23, United
States Code, is amended by striking paragraph (6).

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SEC. 11311. EFFICIENT IMPLEMENTATION OF NEPA FOR FEDERAL
LAND MANAGEMENT PROJECTS.

Section 203 of title 23, United States Code, is amended by
adding at the end the following:
‘‘(e) EFFICIENT IMPLEMENTATION OF NEPA.—
‘‘(1) DEFINITIONS.—In this subsection:
‘‘(A) ENVIRONMENTAL DOCUMENT.—The term ‘environmental document’ means an environmental 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) PROJECT.—The term ‘project’ means a highway
project, public transportation capital project, or multimodal
project that—
‘‘(i) receives funds under this title; and
‘‘(ii) is authorized under this section or section
204.

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PUBLIC LAW 117–58—NOV. 15, 2021

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‘‘(C) PROJECT SPONSOR.—The term ‘project sponsor’
means the Federal land management agency that seeks
or receives funds under this title for a project.
‘‘(2) ENVIRONMENTAL REVIEW TO BE COMPLETED BY FEDERAL
HIGHWAY ADMINISTRATION.—The Federal Highway Administration may prepare an environmental document pursuant to the
implementing procedures of the Federal Highway Administration to comply with the requirements of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) if—
‘‘(A) requested by a project sponsor; and
‘‘(B) all areas of analysis required by the project
sponsor can be addressed.
‘‘(3) FEDERAL LAND MANAGEMENT AGENCIES ADOPTION OF
EXISTING ENVIRONMENTAL REVIEW DOCUMENTS.—
‘‘(A) IN GENERAL.—To the maximum extent practicable,
if the Federal Highway Administration prepares an
environmental document pursuant to paragraph (2), that
environmental document shall address all areas of analysis
required by a Federal land management agency.
‘‘(B) INDEPENDENT EVALUATION.—Notwithstanding any
other provision of law, a Federal land management agency
shall not be required to conduct an independent evaluation
to determine the adequacy of an environmental document
prepared by the Federal Highway Administration pursuant
to paragraph (2).
‘‘(C) USE OF SAME DOCUMENT.—In authorizing or implementing a project, a Federal land management agency
may use an environmental document previously prepared
by the Federal Highway Administration for a project
addressing the same or substantially the same action to
the same extent that the Federal land management agency
could adopt or use a document previously prepared by
another Federal agency.
‘‘(4) APPLICATION BY FEDERAL LAND MANAGEMENT AGENCIES

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OF CATEGORICAL EXCLUSIONS ESTABLISHED BY FEDERAL HIGHWAY
ADMINISTRATION.—In carrying out requirements under the

National Environmental Policy Act of 1969 (42 U.S.C. 4321
et seq.) for a project, the project sponsor may use categorical
exclusions designated under that Act in the implementing regulations of the Federal Highway Administration, subject to the
conditions that—
‘‘(A) the project sponsor makes a determination, in
consultation with the Federal Highway Administration,
that the categorical exclusion applies to the project;
‘‘(B) the project satisfies the conditions for a categorical
exclusion under the National Environmental Policy Act
of 1969 (42 U.S.C. 4321 et seq.); and
‘‘(C) the use of the categorical exclusion does not otherwise conflict with the implementing regulations of the
project sponsor, except any list of the project sponsor that
designates categorical exclusions.
‘‘(5) MITIGATION COMMITMENTS.—The Secretary shall assist
the Federal land management agency with all design and mitigation commitments made jointly by the Secretary and the
project sponsor in any environmental document prepared by
the Secretary in accordance with this subsection.’’.

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Determination.
Consultation.
Applicability.

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135 STAT. 538

PUBLIC LAW 117–58—NOV. 15, 2021

SEC.

11312.

NATIONAL ENVIRONMENTAL
REPORTING PROGRAM.

POLICY

ACT

OF

1969

(a) IN GENERAL.—Chapter 1 of title 23, United States Code,
is amended by inserting after section 156 the following:

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23 USC 157.

Federal Register,
publication.

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‘‘§ 157. National Environmental Policy Act of 1969 reporting
program
‘‘(a) DEFINITIONS.—In this section:
‘‘(1) CATEGORICAL EXCLUSION.—The term ‘categorical exclusion’ has the meaning given the term in section 771.117(c)
of title 23, Code of Federal Regulations (or a successor regulation).
‘‘(2) DOCUMENTED CATEGORICAL EXCLUSION.—The term
‘documented categorical exclusion’ has the meaning given the
term in section 771.117(d) of title 23, Code of Federal Regulations (or a successor regulation).
‘‘(3) ENVIRONMENTAL ASSESSMENT.—The term ‘environmental assessment’ has the meaning given the term in section
1508.1 of title 40, Code of Federal Regulations (or a successor
regulation).
‘‘(4) ENVIRONMENTAL IMPACT STATEMENT.—The term
‘environmental impact statement’ means a detailed statement
required under section 102(2)(C) of the National Environmental
Policy Act of 1969 (42 U.S.C. 4332(2)(C)).
‘‘(5) FEDERAL AGENCY.—The term ‘Federal agency’ includes
a State that has assumed responsibility under section 327.
‘‘(6) NEPA PROCESS.—The term ‘NEPA process’ means the
entirety of the development and documentation of the analysis
required under the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.), including the assessment and analysis
of any impacts, alternatives, and mitigation of a proposed
action, and any interagency participation and public involvement required to be carried out before the Secretary undertakes
a proposed action.
‘‘(7) PROPOSED ACTION.—The term ‘proposed action’ means
an action (within the meaning of the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.)) under this title
that the Secretary proposes to carry out.
‘‘(8) REPORTING PERIOD.—The term ‘reporting period’ means
the fiscal year prior to the fiscal year in which a report is
issued under subsection (b).
‘‘(9) SECRETARY.—The term ‘Secretary’ includes the governor or head of an applicable State agency of a State that
has assumed responsibility under section 327.
‘‘(b) REPORT ON NEPA DATA.—
‘‘(1) IN GENERAL.—The Secretary shall carry out a process
to track, and annually 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 containing, the information described in
paragraph (3).
‘‘(2) TIME TO COMPLETE.—For purposes of paragraph (3),
the NEPA process—
‘‘(A) for an environmental impact statement—
‘‘(i) begins on the date on which the Notice of
Intent is published in the Federal Register; and

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‘‘(ii) ends on the date on which the Secretary issues
a record of decision, including, if necessary, a revised
record of decision; and
‘‘(B) for an environmental assessment—
‘‘(i) begins on the date on which the Secretary
makes a determination to prepare an environmental
assessment; and
‘‘(ii) ends on the date on which the Secretary issues
a finding of no significant impact or determines that
preparation of an environmental impact statement is
necessary.
‘‘(3) INFORMATION DESCRIBED.—The information referred to
in paragraph (1) is, with respect to the Department of Transportation—
‘‘(A) the number of proposed actions for which a categorical exclusion was issued during the reporting period;
‘‘(B) the number of proposed actions for which a documented categorical exclusion was issued by the Department
of Transportation during the reporting period;
‘‘(C) the number of proposed actions pending on the
date on which the report is submitted for which the
issuance of a documented categorical exclusion by the
Department of Transportation is pending;
‘‘(D) the number of proposed actions for which an
environmental assessment was issued by the Department
of Transportation during the reporting period;
‘‘(E) the length of time the Department of Transportation took to complete each environmental assessment
described in subparagraph (D);
‘‘(F) the number of proposed actions pending on the
date on which the report is submitted for which an environmental assessment is being drafted by the Department
of Transportation;
‘‘(G) the number of proposed actions for which an
environmental impact statement was completed by the
Department of Transportation during the reporting period;
‘‘(H) the length of time that the Department of
Transportation took to complete each environmental impact
statement described in subparagraph (G);
‘‘(I) the number of proposed actions pending on the
date on which the report is submitted for which an environmental impact statement is being drafted; and
‘‘(J) for the proposed actions reported under subparagraphs (F) and (I), the percentage of those proposed actions
for which—
‘‘(i) funding has been identified; and
‘‘(ii) all other Federal, State, and local activities
that are required to allow the proposed action to proceed are completed.’’.
(b) CLERICAL AMENDMENT.—The analysis for chapter 1 of title
23, United States Code, is amended by inserting after the item
relating to section 156 the following:

Record.

Determinations.

23 USC 101 prec.

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‘‘157. National Environmental Policy Act of 1969 reporting program.’’.
SEC. 11313. SURFACE TRANSPORTATION PROJECT DELIVERY PROGRAM WRITTEN AGREEMENTS.

Section 327 of title 23, United States Code, is amended—

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135 STAT. 540

Time period.

Time period.
Audit.

Time periods.

PUBLIC LAW 117–58—NOV. 15, 2021

(1) in subsection (a)(2)(G), by inserting ‘‘, including the
payment of fees awarded under section 2412 of title 28’’ before
the period at the end;
(2) in subsection (c)—
(A) by striking paragraph (5) and inserting the following:
‘‘(5) except as provided under paragraph (7), have a term
of not more than 5 years;’’;
(B) in paragraph (6), by striking the period at the
end and inserting ‘‘; and’’; and
(C) by adding at the end the following:
‘‘(7) for any State that has participated in a program under
this section (or under a predecessor program) for at least 10
years, have a term of 10 years.’’;
(3) in subsection (g)(1)—
(A) in subparagraph (B), by striking ‘‘and’’ at the end;
(B) in subparagraph (C), by striking ‘‘annual’’;
(C) by redesignating subparagraph (C) as subparagraph (D); and
(D) by inserting after subparagraph (B) the following:
‘‘(C) in the case of an agreement period of greater
than 5 years pursuant to subsection (c)(7), conduct an
audit covering the first 5 years of the agreement period;
and’’; and
(4) by adding at the end the following:
‘‘(m) AGENCY DEEMED TO BE FEDERAL AGENCY.—A State agency
that is assigned a responsibility under an agreement under this
section shall be deemed to be an agency for the purposes of section
2412 of title 28.’’.
SEC. 11314. STATE ASSUMPTION OF RESPONSIBILITY FOR CATEGORICAL EXCLUSIONS.

Section 326(c)(3) of title 23, United States Code, is amended—
(1) by striking subparagraph (A) and inserting the following:
‘‘(A) except as provided under subparagraph (C), shall
have a term of not more than 3 years;’’;
(2) in subparagraph (B), by striking the period at the
end and inserting ‘‘; and’’; and
(3) by adding at the end the following:
‘‘(C) shall have a term of 5 years, in the case of a
State that has assumed the responsibility for categorical
exclusions under this section for not fewer than 10 years.’’.
SEC. 11315. EARLY UTILITY RELOCATION PRIOR TO TRANSPORTATION
PROJECT ENVIRONMENTAL REVIEW.

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Section 123 of title 23, United States Code, is amended to
read as follows:
‘‘§ 123. Relocation of utility facilities
‘‘(a) DEFINITIONS.—In this section:
‘‘(1) COST OF RELOCATION.—The term ‘cost of relocation’
includes the entire amount paid by a utility properly attributable to the relocation of a utility facility, minus any increase
in the value of the new facility and any salvage value derived
from the old facility.
‘‘(2) EARLY UTILITY RELOCATION PROJECT.—The term ‘early
utility relocation project’ means utility relocation activities

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identified by the State for performance before completion of
the environmental review process for the transportation project.
‘‘(3) ENVIRONMENTAL REVIEW PROCESS.—The term ‘environmental review process’ has the meaning given the term in
section 139(a).
‘‘(4) TRANSPORTATION PROJECT.—The term ‘transportation
project’ means a project.
‘‘(5) UTILITY FACILITY.—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, stormwater not connected with highway
drainage, or any other similar commodity, including any fire
or police signal system or street lighting system, that directly
or indirectly serves the public.
‘‘(6) UTILITY RELOCATION ACTIVITY.—The term ‘utility
relocation activity’ means an activity necessary for the relocation of a utility facility, including preliminary and final design,
surveys, real property acquisition, materials acquisition, and
construction.
‘‘(b) REIMBURSEMENT TO STATES.—
‘‘(1) IN GENERAL.—If a State pays for the cost of relocation
of a utility facility necessitated by the construction of a
transportation project, Federal funds may be used to reimburse
the State for the cost of relocation in the same proportion
as Federal funds are expended on the transportation project.
‘‘(2) LIMITATION.—Federal funds shall not be used to
reimburse a State under this section if the payment to the
utility—
‘‘(A) violates the law of the State; or
‘‘(B) violates a legal contract between the utility and
the State.
‘‘(3) REQUIREMENT.—A reimbursement under paragraph (1)
shall be made only if the State demonstrates to the satisfaction
of the Secretary that the State paid the cost of the utility
relocation activity from funds of the State with respect to
transportation projects for which Federal funds are obligated
subsequent to April 16, 1958, for work, including utility relocation activities.
‘‘(4) REIMBURSEMENT ELIGIBILITY FOR EARLY RELOCATION

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PRIOR TO TRANSPORTATION PROJECT ENVIRONMENTAL REVIEW
PROCESS.—
‘‘(A) IN GENERAL.—In addition to the requirements

under paragraphs (1) through (3), a State may carry out,
at the expense of the State, an early utility relocation
project for a transportation project before completion of
the environmental review process for the transportation
project.
‘‘(B) REQUIREMENTS FOR REIMBURSEMENT.—Funds
apportioned to a State under this title may be used to
pay the costs incurred by the State for an early utility
relocation project only if the State demonstrates to the
Secretary, and the Secretary finds that—
‘‘(i) the early utility relocation project is necessary
to accommodate a transportation project;

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Compliance.

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Compliance.

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‘‘(ii) the State provides adequate documentation
to the Secretary of eligible costs incurred by the State
for the early utility relocation project;
‘‘(iii) before the commencement of the utility relocation activities, an environmental review process was
completed for the early utility relocation project that
resulted in a finding that the early utility relocation
project—
‘‘(I) would not result in significant adverse
environmental impacts; and
‘‘(II) would comply with other applicable Federal environmental requirements;
‘‘(iv) the early utility relocation project did not
influence—
‘‘(I) the environmental review process for the
transportation project;
‘‘(II) the decision relating to the need to construct the transportation project; or
‘‘(III) the selection of the transportation project
design or location;
‘‘(v) the early utility relocation project complies
with all applicable provisions of law, including regulations issued pursuant to this title;
‘‘(vi) the early utility relocation project follows
applicable financial procedures and requirements,
including documentation of eligible costs and the
requirements under section 109(l), but not including
requirements applicable to authorization and obligation
of Federal funds;
‘‘(vii) the transportation project for which the early
utility relocation project was necessitated was included
in the applicable transportation improvement program
under section 134 or 135;
‘‘(viii) before the cost incurred by a State is
approved for Federal participation, environmental
compliance pursuant to the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.) has been
completed for the transportation project for which the
early utility relocation project was necessitated; and
‘‘(ix) the transportation project that necessitated
the utility relocation activity is approved for construction.
‘‘(C) SAVINGS PROVISION.—Nothing in this paragraph
affects other eligibility requirements or authorities for Federal participation in payment of costs incurred for utility
relocation activities.
‘‘(c) APPLICABILITY OF OTHER PROVISIONS.—Nothing in this section affects the applicability of other requirements that would otherwise apply to an early utility relocation project, including any
applicable requirements under—
‘‘(1) section 138;
‘‘(2) the Uniform Relocation Assistance and Real Property
Acquisition Policies Act of 1970 (42 U.S.C. 4601 et seq.),
including regulations under part 24 of title 49, Code of Federal
Regulations (or successor regulations);
‘‘(3) title VI of the Civil Rights Act of 1964 (42 U.S.C.
2000d et seq.); or

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PUBLIC LAW 117–58—NOV. 15, 2021

135 STAT. 543

‘‘(4) an environmental review process.’’.
SEC. 11316. STREAMLINING OF SECTION 4(F) REVIEWS.

Section 138(a) of title 23, United States Code, is amended—
(1) in the fourth sentence, by striking ‘‘In carrying out’’
and inserting the following:
‘‘(4) STUDIES.—In carrying out’’;
(2) in the third sentence—
(A) by striking ‘‘such land, and (2) such program’’ and
inserting the following: ‘‘the land; and
‘‘(B) the program’’;
(B) by striking ‘‘unless (1) there is’’ and inserting the
following: ‘‘unless—
‘‘(A) there is’’; and
(C) by striking ‘‘After the’’ and inserting the following:
‘‘(3) REQUIREMENT.—After the’’;
(3) in the second sentence—
(A) by striking ‘‘The Secretary of Transportation’’ and
inserting the following:
‘‘(2) COOPERATION AND CONSULTATION.—
‘‘(A) IN GENERAL.—The Secretary’’; and
(B) by adding at the end the following:
‘‘(B) TIMELINE FOR APPROVALS.—
‘‘(i) IN GENERAL.—The Secretary shall—
‘‘(I) provide an evaluation under this section
to the Secretaries described in subparagraph (A);
and
‘‘(II) provide a period of 30 days for receipt
of comments.
‘‘(ii) ASSUMED ACCEPTANCE.—If the Secretary does
not receive comments by 15 days after the deadline
under clause (i)(II), the Secretary shall assume a lack
of objection and proceed with the action.
‘‘(C) EFFECT.—Nothing in subparagraph (B) affects—
‘‘(i) the requirements under—
‘‘(I) subsections (b) through (f); or
‘‘(II) the consultation process under section
306108 of title 54; or
‘‘(ii) programmatic section 4(f) evaluations, as
described in regulations issued by the Secretary.’’; and
(4) in the first sentence, by striking ‘‘It is declared to
be’’ and inserting the following:
‘‘(1) IN GENERAL.—It is’’.

Deadline.

SEC. 11317. CATEGORICAL EXCLUSION FOR PROJECTS OF LIMITED
FEDERAL ASSISTANCE.

Section 1317(1) of MAP–21 (23 U.S.C. 109 note; Public Law
112–141) is amended—
(1) in subparagraph (A), by striking ‘‘$5,000,000’’ and
inserting ‘‘$6,000,000’’; and
(2) in subparagraph (B), by striking ‘‘$30,000,000’’ and
inserting ‘‘$35,000,000’’.

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SEC. 11318. CERTAIN GATHERING LINES LOCATED ON FEDERAL LAND
AND INDIAN LAND.

42 USC 15943.

(a) DEFINITIONS.—In this section:
(1) FEDERAL LAND.—

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135 STAT. 544

PUBLIC LAW 117–58—NOV. 15, 2021
(A) IN GENERAL.—The term ‘‘Federal land’’ means land
the title to which is held by the United States.
(B) EXCLUSIONS.—The term ‘‘Federal land’’ does not
include—
(i) a unit of the National Park System;
(ii) a unit of the National Wildlife Refuge System;
(iii) a component of the National Wilderness
Preservation System;
(iv) a wilderness study area within the National
Forest System; or
(v) Indian land.
(2) GATHERING LINE AND ASSOCIATED FIELD COMPRESSION
OR PUMPING UNIT.—
(A) IN GENERAL.—The term ‘‘gathering line and associated field compression or pumping unit’’ means—
(i) a pipeline that is installed to transport oil,
natural gas and related constituents, or produced water
from 1 or more wells drilled and completed to produce
oil or gas; and
(ii) if necessary, 1 or more compressors or pumps
to raise the pressure of the transported oil, natural
gas and related constituents, or produced water to
higher pressures necessary to enable the oil, natural
gas and related constituents, or produced water to
flow into pipelines and other facilities.
(B) INCLUSIONS.—The term ‘‘gathering line and associated field compression or pumping unit’’ includes a pipeline
or associated compression or pumping unit that is installed
to transport oil or natural gas from a processing plant
to a common carrier pipeline or facility.
(C) EXCLUSIONS.—The term ‘‘gathering line and associated field compression or pumping unit’’ does not include
a common carrier pipeline.
(3) INDIAN LAND.—The term ‘‘Indian land’’ means land the
title to which is held by—
(A) the United States in trust for an Indian Tribe
or an individual Indian; or
(B) an Indian Tribe or an individual Indian subject
to a restriction by the United States against alienation.
(4) PRODUCED WATER.—The term ‘‘produced water’’ means
water produced from an oil or gas well bore that is not a
fluid prepared at, or transported to, the well site to resolve
a specific oil or gas well bore or reservoir condition.
(5) SECRETARY.—The term ‘‘Secretary’’ means the Secretary
of the Interior.
(b) CERTAIN GATHERING LINES.—
(1) IN GENERAL.—Subject to paragraph (2), the issuance
of a sundry notice or right-of-way for a gathering line and
associated field compression or pumping unit that is located
on Federal land or Indian land and that services any oil or
gas well may be considered by the Secretary to be an action
that is categorically excluded (as defined in section 1508.1
of title 40, Code of Federal Regulations (as in effect on the
date of enactment of this Act)) for purposes of the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.)
if the gathering line and associated field compression or
pumping unit—

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PUBLIC LAW 117–58—NOV. 15, 2021

135 STAT. 545

(A) are within a field or unit for which an approved
land use plan or an environmental document prepared
pursuant to the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.) analyzed transportation of oil,
natural gas, or produced water from 1 or more oil or
gas wells in the field or unit as a reasonably foreseeable
activity;
(B) are located adjacent to or within—
(i) any existing disturbed area; or
(ii) an existing corridor for a right-of-way; and
(C) would reduce—
(i) in the case of a gathering line and associated
field compression or pumping unit transporting
methane, the total quantity of methane that would
otherwise be vented, flared, or unintentionally emitted
from the field or unit; or
(ii) in the case of a gathering line and associated
field compression or pumping unit not transporting
methane, the vehicular traffic that would otherwise
service the field or unit.
(2) APPLICABILITY.—Paragraph (1) shall apply to Indian
land, or a portion of Indian land—
(A) to which the National Environmental Policy Act
of 1969 (42 U.S.C. 4321 et seq.) applies; and
(B) for which the Indian Tribe with jurisdiction over
the Indian land submits to the Secretary a written request
that paragraph (1) apply to that Indian land (or portion
of Indian land).
(c) EFFECT ON OTHER LAW.—Nothing in this section—
(1) affects or alters any requirement—
(A) relating to prior consent under—
(i) section 2 of the Act of February 5, 1948 (62
Stat. 18, chapter 45; 25 U.S.C. 324); or
(ii) section 16(e) of the Act of June 18, 1934 (48
Stat. 987, chapter 576; 102 Stat. 2939; 114 Stat. 47;
25 U.S.C. 5123(e)) (commonly known as the ‘‘Indian
Reorganization Act’’);
(B) under section 306108 of title 54, United States
Code; or
(C) under any other Federal law (including regulations)
relating to Tribal consent for rights-of-way across Indian
land; or
(2) makes the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.) applicable to land to which that Act
otherwise would not apply.

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SEC. 11319. ANNUAL REPORT.

49 USC 308 note.

(a) DEFINITION OF COVERED PROJECT.—In this section, the term
‘‘covered project’’ means a project or activity carried out with funds
provided by the Department, including a project carried out under
title 23 or 49, United States Code—
(1) that is more than 5 years behind schedule; or
(2) for which the total amount spent on the project or
activity is not less than $1,000,000,000 more than the original
cost estimate for the project or activity.
(b) REQUIREMENT.—Not later than 1 year after the date of
enactment of this Act, and annually thereafter, the Secretary shall

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135 STAT. 546

Cost estimate.

Cost estimate.

PUBLIC LAW 117–58—NOV. 15, 2021

submit to Congress a report on covered projects of the Department,
which shall include, for each covered project—
(1) a brief description of the covered project, including—
(A) the purpose of the covered project;
(B) each location in which the covered project is carried
out;
(C) the contract or award number of the covered
project, if applicable;
(D) the year in which the covered project was initiated;
(E) the Federal share of the total cost of the covered
project; and
(F) each primary contractor, subcontractor, grant
recipient, and subgrantee recipient of the covered project;
(2) an explanation of any change to the original scope
of the covered project, including by the addition or narrowing
of the initial requirements of the covered project;
(3) the original expected date for completion of the covered
project;
(4) the current expected date for completion of the covered
project;
(5) the original cost estimate for the covered project, as
adjusted to reflect increases in the Consumer Price Index for
All Urban Consumers, as published by the Bureau of Labor
Statistics;
(6) the current cost estimate for the covered project, as
adjusted to reflect increases in the Consumer Price Index for
All Urban Consumers, as published by the Bureau of Labor
Statistics;
(7) an explanation for a delay in completion or an increase
in the original cost estimate for the covered project, including,
where applicable, any impact of insufficient or delayed appropriations; and
(8) the amount of and rationale for any award, incentive
fee, or other type of bonus, if any, awarded for the covered
project.

Subtitle D—Climate Change
SEC. 11401. GRANTS FOR CHARGING AND FUELING INFRASTRUCTURE.

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23 USC 151 note.

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(a) PURPOSE.—The purpose of this section is to establish a
grant program to strategically deploy publicly accessible electric
vehicle charging infrastructure, hydrogen fueling infrastructure,
propane fueling infrastructure, and natural gas fueling infrastructure along designated alternative fuel corridors or in certain other
locations that will be accessible to all drivers of electric vehicles,
hydrogen vehicles, propane vehicles, and natural gas vehicles.
(b) GRANT PROGRAM.—Section 151 of title 23, United States
Code, is amended—
(1) in subsection (a)—
(A) by striking ‘‘Not later than 1 year after the date
of enactment of the FAST Act, the Secretary shall’’ and
inserting ‘‘The Secretary shall periodically’’; and
(B) by striking ‘‘to improve the mobility’’ and inserting
‘‘to support changes in the transportation sector that help
achieve a reduction in greenhouse gas emissions and
improve the mobility’’;

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PUBLIC LAW 117–58—NOV. 15, 2021

135 STAT. 547

(2) in subsection (b)(2), by inserting ‘‘previously designated
by the Federal Highway Administration or’’ before ‘‘designated
by’’;
(3) by striking subsection (d) and inserting the following:
‘‘(d) REDESIGNATION.—
‘‘(1) INITIAL REDESIGNATION.—Not later than 180 days after
the date of enactment of the Surface Transportation Reauthorization Act of 2021, the Secretary shall update and redesignate
the corridors under subsection (a).
‘‘(2) SUBSEQUENT REDESIGNATION.—The Secretary shall
establish a recurring process to regularly update and redesignate the corridors under subsection (a).’’;
(4) in subsection (e)—
(A) in paragraph (1), by striking ‘‘and’’ at the end;
(B) in paragraph (2)—
(i) by striking ‘‘establishes an aspirational goal
of achieving’’ and inserting ‘‘describes efforts, including
through funds awarded through the grant program
under subsection (f), that will aid efforts to achieve’’;
and
(ii) by striking ‘‘by the end of fiscal year 2020.’’
and inserting ‘‘; and’’; and
(C) by adding at the end the following:
‘‘(3) summarizes best practices and provides guidance,
developed through consultation with the Secretary of Energy,
for project development of electric vehicle charging infrastructure, hydrogen fueling infrastructure, propane fueling infrastructure and natural gas fueling infrastructure at the State,
Tribal, and local level to allow for the predictable deployment
of that infrastructure.’’; and
(5) by adding at the end the following:
‘‘(f) GRANT PROGRAM.—
‘‘(1) DEFINITION OF PRIVATE ENTITY.—In this subsection,
the term ‘private entity’ means a corporation, partnership, company, or nonprofit organization.
‘‘(2) ESTABLISHMENT.—Not later than 1 year after the date
of enactment of the Surface Transportation Reauthorization
Act of 2021, the Secretary shall establish a grant program
to award grants to eligible entities to carry out the activities
described in paragraph (6).
‘‘(3) ELIGIBLE ENTITIES.—An entity eligible to receive a
grant under this subsection is—
‘‘(A) a State or political subdivision of a State;
‘‘(B) a metropolitan planning organization;
‘‘(C) a unit of local government;
‘‘(D) a special purpose district or public authority with
a transportation function, including a port authority;
‘‘(E) an Indian tribe (as defined in section 4 of the
Indian Self-Determination and Education Assistance Act
(25 U.S.C. 5304));
‘‘(F) a territory of the United States;
‘‘(G) an authority, agency, or instrumentality of, or
an entity owned by, 1 or more entities described in subparagraphs (A) through (F); or
‘‘(H) a group of entities described in subparagraphs
(A) through (G).

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Updates.
Deadline.

Consultation.

Deadline.

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135 STAT. 548

PUBLIC LAW 117–58—NOV. 15, 2021
‘‘(4) APPLICATIONS.—To be eligible to receive a grant under
this subsection, an eligible entity shall submit to the Secretary
an application at such time, in such manner, and containing
such information as the Secretary shall require, including—
‘‘(A) a description of how the eligible entity has considered—
‘‘(i) public accessibility of charging or fueling infrastructure proposed to be funded with a grant under
this subsection, including—
‘‘(I) charging or fueling connector types and
publicly available information on real-time availability; and
‘‘(II) payment methods to ensure secure,
convenient, fair, and equal access;
‘‘(ii) collaborative engagement with stakeholders
(including automobile manufacturers, utilities, infrastructure providers, technology providers, electric
charging, hydrogen, propane, and natural gas fuel providers, metropolitan planning organizations, States,
Indian tribes, and units of local governments, fleet
owners, fleet managers, fuel station owners and operators, labor organizations, infrastructure construction
and component parts suppliers, and multi-State and
regional entities)—
‘‘(I) to foster enhanced, coordinated, publicprivate or private investment in electric vehicle
charging infrastructure, hydrogen fueling infrastructure, propane fueling infrastructure, or natural gas fueling infrastructure;
‘‘(II) to expand deployment of electric vehicle
charging infrastructure, hydrogen fueling infrastructure, propane fueling infrastructure, or natural gas fueling infrastructure;
‘‘(III) to protect personal privacy and ensure
cybersecurity; and
‘‘(IV) to ensure that a properly trained
workforce is available to construct and install electric vehicle charging infrastructure, hydrogen
fueling infrastructure, propane fueling infrastructure, or natural gas fueling infrastructure;
‘‘(iii) the location of the station or fueling site,
such as consideration of—
‘‘(I) the availability of onsite amenities for
vehicle operators, such as restrooms or food facilities;
‘‘(II) access in compliance with the Americans
with Disabilities Act of 1990 (42 U.S.C. 12101
et seq.);
‘‘(III) height and fueling capacity requirements
for facilities that charge or refuel large vehicles,
such as semi-trailer trucks; and
‘‘(IV) appropriate distribution to avoid redundancy and fill charging or fueling gaps;
‘‘(iv) infrastructure installation that can be responsive to technology advancements, such as accommodating autonomous vehicles, vehicle-to-grid technology,
and future charging methods; and

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PUBLIC LAW 117–58—NOV. 15, 2021

135 STAT. 549

‘‘(v) the long-term operation and maintenance of
the electric vehicle charging infrastructure, hydrogen
fueling infrastructure, propane fueling infrastructure,
or natural gas fueling infrastructure, to avoid stranded
assets and protect the investment of public funds in
that infrastructure; and
‘‘(B) an assessment of the estimated emissions that
will be reduced through the use of electric vehicle charging
infrastructure, hydrogen fueling infrastructure, propane
fueling infrastructure, or natural gas fueling infrastructure,
which shall be conducted using the Alternative Fuel LifeCycle Environmental and Economic Transportation
(AFLEET) tool developed by Argonne National Laboratory
(or a successor tool).
‘‘(5) CONSIDERATIONS.—In selecting eligible entities to
receive a grant under this subsection, the Secretary shall—
‘‘(A) consider the extent to which the application of
the eligible entity would—
‘‘(i) improve alternative fueling corridor networks
by—
‘‘(I) converting corridor-pending corridors to
corridor-ready corridors; or
‘‘(II) in the case of corridor-ready corridors,
providing redundancy—
‘‘(aa) to meet excess demand for charging
or fueling infrastructure; or
‘‘(bb) to reduce congestion at existing
charging or fueling infrastructure in hightraffic locations;
‘‘(ii) meet current or anticipated market demands
for charging or fueling infrastructure;
‘‘(iii) enable or accelerate the construction of
charging or fueling infrastructure that would be
unlikely to be completed without Federal assistance;
‘‘(iv) support a long-term competitive market for
electric vehicle charging infrastructure, hydrogen
fueling infrastructure, propane fueling infrastructure,
or natural gas fueling infrastructure that does not
significantly impair existing electric vehicle charging
infrastructure, hydrogen fueling infrastructure, propane fueling infrastructure, or natural gas fueling
infrastructure providers;
‘‘(v) provide access to electric vehicle charging
infrastructure, hydrogen fueling infrastructure, propane fueling infrastructure, or natural gas fueling
infrastructure in areas with a current or forecasted
need; and
‘‘(vi) deploy electric vehicle charging infrastructure,
hydrogen fueling infrastructure, propane fueling infrastructure, or natural gas fueling infrastructure for
medium- and heavy-duty vehicles (including along the
National Highway Freight Network established under
section 167(c)) and in proximity to intermodal transfer
stations;
‘‘(B) ensure, to the maximum extent practicable,
geographic diversity among grant recipients to ensure that
electric vehicle charging infrastructure, hydrogen fueling

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135 STAT. 550

infrastructure, propane fueling infrastructure, or natural
gas fueling infrastructure is available throughout the
United States;
‘‘(C) consider whether the private entity that the
eligible entity contracts with under paragraph (6)—
‘‘(i) submits to the Secretary the most recent year
of audited financial statements; and
‘‘(ii) has experience in installing and operating electric vehicle charging infrastructure, hydrogen fueling
infrastructure, propane fueling infrastructure, or natural gas fueling infrastructure; and
‘‘(D) consider whether, to the maximum extent practicable, the eligible entity and the private entity that the
eligible entity contracts with under paragraph (6) enter
into an agreement—
‘‘(i) to operate and maintain publicly available electric vehicle charging infrastructure, hydrogen fueling
infrastructure, propane fueling infrastructure, or natural gas infrastructure; and
‘‘(ii) that provides a remedy and an opportunity
to cure if the requirements described in clause (i) are
not met.
‘‘(6) USE OF FUNDS.—
‘‘(A) IN GENERAL.—An eligible entity receiving a grant
under this subsection shall only use the funds in accordance
with this paragraph to contract with a private entity for
acquisition and installation of publicly accessible electric
vehicle charging infrastructure, hydrogen fueling infrastructure, propane fueling infrastructure, or natural gas
fueling infrastructure that is directly related to the
charging or fueling of a vehicle.
‘‘(B) LOCATION OF INFRASTRUCTURE.—Any publicly
accessible electric vehicle charging infrastructure, hydrogen
fueling infrastructure, propane fueling infrastructure, or
natural gas fueling infrastructure acquired and installed
with a grant under this subsection shall be located along
an alternative fuel corridor designated under this section,
on the condition that any affected Indian tribes are consulted before the designation.
‘‘(C) OPERATING ASSISTANCE.—
‘‘(i) IN GENERAL.—Subject to clauses (ii) and (iii),
an eligible entity that receives a grant under this subsection may use a portion of the funds to provide
to a private entity operating assistance for the first
5 years of operations after the installation of publicly
available electric vehicle charging infrastructure,
hydrogen fueling infrastructure, propane fueling infrastructure, or natural gas fueling infrastructure while
the facility transitions to independent system operations.
‘‘(ii) INCLUSIONS.—Operating assistance under this
subparagraph shall be limited to costs allocable to
operating and maintaining the electric vehicle charging
infrastructure, hydrogen fueling infrastructure, propane fueling infrastructure, or natural gas fueling
infrastructure and service.

Contracts.

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Time period.

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PUBLIC LAW 117–58—NOV. 15, 2021

135 STAT. 551

‘‘(iii) LIMITATION.—Operating assistance under this
subparagraph may not exceed the amount of a contract
under subparagraph (A) to acquire and install publicly
accessible electric vehicle charging infrastructure,
hydrogen fueling infrastructure, propane fueling infrastructure, or natural gas fueling infrastructure.
‘‘(D) TRAFFIC CONTROL DEVICES.—
‘‘(i) IN GENERAL.—Subject to this paragraph, an
eligible entity that receives a grant under this subsection may use a portion of the funds to acquire
and install traffic control devices located in the rightof-way to provide directional information to publicly
accessible electric vehicle charging infrastructure,
hydrogen fueling infrastructure, propane fueling infrastructure, or natural gas fueling infrastructure
acquired, installed, or operated with the grant.
‘‘(ii) APPLICABILITY.—Clause (i) shall apply only
to an eligible entity that—
‘‘(I) receives a grant under this subsection;
and
‘‘(II) is using that grant for the acquisition
and installation of publicly accessible electric
vehicle charging infrastructure, hydrogen fueling
infrastructure, propane fueling infrastructure, or
natural gas fueling infrastructure.
‘‘(iii) LIMITATION ON AMOUNT.—The amount of
funds used to acquire and install traffic control devices
under clause (i) may not exceed the amount of a contract under subparagraph (A) to acquire and install
publicly accessible charging or fueling infrastructure.
‘‘(iv) NO NEW AUTHORITY CREATED.—Nothing in
this subparagraph authorizes an eligible entity that
receives a grant under this subsection to acquire and
install traffic control devices if the entity is not otherwise authorized to do so.
‘‘(E) REVENUE.—
‘‘(i) IN GENERAL.—An eligible entity receiving a
grant under this subsection and a private entity
referred to in subparagraph (A) may enter into a costsharing agreement under which the private entity submits to the eligible entity a portion of the revenue
from the electric vehicle charging infrastructure,
hydrogen fueling infrastructure, propane fueling infrastructure, or natural gas fueling infrastructure.
‘‘(ii) USES OF REVENUE.—An eligible entity that
receives revenue from a cost-sharing agreement under
clause (i) may only use that revenue for a project
that is eligible under this title.
‘‘(7) CERTAIN FUELS.—The use of grants for propane fueling
infrastructure under this subsection shall be limited to infrastructure for medium- and heavy-duty vehicles.
‘‘(8) COMMUNITY GRANTS.—
‘‘(A) IN GENERAL.—Notwithstanding paragraphs (4), (5),
and (6), the Secretary shall reserve 50 percent of the
amounts made available each fiscal year to carry out this
section to provide grants to eligible entities in accordance
with this paragraph.

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Determination.

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PUBLIC LAW 117–58—NOV. 15, 2021
‘‘(B) APPLICATIONS.—To be eligible to receive a grant
under this paragraph, an eligible entity shall submit to
the Secretary an application at such time, in such manner,
and containing such information as the Secretary may
require.
‘‘(C) ELIGIBLE ENTITIES.—An entity eligible to receive
a grant under this paragraph is—
‘‘(i) an entity described in paragraph (3); and
‘‘(ii) a State or local authority with ownership of
publicly accessible transportation facilities.
‘‘(D) ELIGIBLE PROJECTS.—The Secretary may provide
a grant under this paragraph for a project that is expected
to reduce greenhouse gas emissions and to expand or fill
gaps in access to publicly accessible electric vehicle
charging infrastructure, hydrogen fueling infrastructure,
propane fueling infrastructure, or natural gas fueling infrastructure, including—
‘‘(i) development phase activities, including planning, feasibility analysis, revenue forecasting, environmental review, preliminary engineering and design
work, and other preconstruction activities; and
‘‘(ii) the acquisition and installation of electric
vehicle charging infrastructure, hydrogen fueling infrastructure, propane fueling infrastructure, or natural
gas fueling infrastructure that is directly related to
the charging or fueling of a vehicle, including any
related construction or reconstruction and the acquisition of real property directly related to the project,
such as locations described in subparagraph (E), to
expand access to electric vehicle charging infrastructure, hydrogen fueling infrastructure, propane fueling
infrastructure, or natural gas fueling infrastructure.
‘‘(E) PROJECT LOCATIONS.—A project receiving a grant
under this paragraph may be located on any public road
or in other publicly accessible locations, such as parking
facilities at public buildings, public schools, and public
parks, or in publicly accessible parking facilities owned
or managed by a private entity.
‘‘(F) PRIORITY.—In providing grants under this paragraph, the Secretary shall give priority to projects that
expand access to electric vehicle charging infrastructure,
hydrogen fueling infrastructure, propane fueling infrastructure, or natural gas fueling infrastructure within—
‘‘(i) rural areas;
‘‘(ii) low- and moderate-income neighborhoods; and
‘‘(iii) communities with a low ratio of private
parking spaces to households or a high ratio of multiunit dwellings to single family homes, as determined
by the Secretary.
‘‘(G) ADDITIONAL CONSIDERATIONS.—In providing
grants under this paragraph, the Secretary shall consider
the extent to which the project—
‘‘(i) contributes to geographic diversity among
eligible entities, including achieving a balance between
urban and rural communities; and
‘‘(ii) meets current or anticipated market demands
for charging or fueling infrastructure, including faster

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charging speeds with high-powered capabilities necessary to minimize the time to charge or refuel current
and anticipated vehicles.
‘‘(H) PARTNERING WITH PRIVATE ENTITIES.—An eligible
entity that receives a grant under this paragraph may
use the grant funds to contract with a private entity for
the acquisition, construction, installation, maintenance, or
operation of electric vehicle charging infrastructure,
hydrogen fueling infrastructure, propane fueling infrastructure, or natural gas fueling infrastructure that is directly
related to the charging or fueling of a vehicle.
‘‘(I) MAXIMUM GRANT AMOUNT.—The amount of a grant
under this paragraph shall not be more than $15,000,000.
‘‘(J) TECHNICAL ASSISTANCE.—Of the amounts reserved
under subparagraph (A), the Secretary may use not more
than 1 percent to provide technical assistance to eligible
entities.
‘‘(K) ADDITIONAL ACTIVITIES.—The recipient of a grant
under this paragraph may use not more than 5 percent
of the grant funds on educational and community engagement activities to develop and implement education programs through partnerships with schools, community
organizations, and vehicle dealerships to support the use
of zero-emission vehicles and associated infrastructure.
‘‘(9) REQUIREMENTS.—
‘‘(A) PROJECT TREATMENT.—Notwithstanding any other
provision of law, any project funded by a grant under
this subsection shall be treated as a project on a Federalaid highway under this chapter.
‘‘(B) SIGNS.—Any traffic control device or on-premises
sign acquired, installed, or operated with a grant under
this subsection shall comply with—
‘‘(i) the Manual on Uniform Traffic Control Devices,
if located in the right-of-way; and
‘‘(ii) other provisions of Federal, State, and local
law, as applicable.
‘‘(10) FEDERAL SHARE.—
‘‘(A) IN GENERAL.—The Federal share of the cost of
a project carried out with a grant under this subsection
shall not exceed 80 percent of the total project cost.
‘‘(B) RESPONSIBILITY OF PRIVATE ENTITY.—As a condition of contracting with an eligible entity under paragraph
(6) or (8), a private entity shall agree to pay the share
of the cost of a project carried out with a grant under
this subsection that is not paid by the Federal Government
under subparagraph (A).
‘‘(11) REPORT.—Not later than 3 years after the date of
enactment of this subsection, 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 make publicly available a
report on the progress and implementation of this subsection.’’.
SEC. 11402. REDUCTION OF TRUCK EMISSIONS AT PORT FACILITIES.

Contracts.

Payment.

Public
information.

23 USC 149 note.

(a) ESTABLISHMENT OF PROGRAM.—

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Studies.

Coordination.

Determination.

Determination.

Deadlines.

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Recommendations.

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(1) IN GENERAL.—The Secretary shall establish a program
to reduce idling at port facilities, under which the Secretary
shall—
(A) study how ports and intermodal port transfer facilities would benefit from increased opportunities to reduce
emissions at ports, including through the electrification
of port operations;
(B) study emerging technologies and strategies that
may help reduce port-related emissions from idling trucks;
and
(C) coordinate and provide funding to test, evaluate,
and deploy projects that reduce port-related emissions from
idling trucks, including through the advancement of port
electrification and improvements in efficiency, focusing on
port operations, including heavy-duty commercial vehicles,
and other related projects.
(2) CONSULTATION.—In carrying out the program under
this subsection, the Secretary may consult with the Secretary
of Energy and the Administrator of the Environmental Protection Agency.
(b) GRANTS.—
(1) IN GENERAL.—In carrying out subsection (a)(1)(C), the
Secretary shall award grants to fund projects that reduce emissions at ports, including through the advancement of port electrification.
(2) COST SHARE.—A grant awarded under paragraph (1)
shall not exceed 80 percent of the total cost of the project
funded by the grant.
(3) COORDINATION.—In carrying out the grant program
under this subsection, the Secretary shall—
(A) to the maximum extent practicable, leverage
existing resources and programs of the Department and
other relevant Federal agencies; and
(B) coordinate with other Federal agencies, as the Secretary determines to be appropriate.
(4) APPLICATION; SELECTION.—
(A) APPLICATION.—The Secretary shall solicit applications for grants under paragraph (1) at such time, in such
manner, and containing such information as the Secretary
determines to be necessary.
(B) SELECTION.—The Secretary shall make grants
under paragraph (1) by not later than April 1 of each
fiscal year for which funding is made available.
(5) REQUIREMENT.—Notwithstanding any other provision
of law, any project funded by a grant under this subsection
shall be treated as a project on a Federal-aid highway under
chapter 1 of title 23, United States Code.
(c) REPORT.—Not later than 1 year after the date on which
all of the projects funded with a grant under subsection (b) are
completed, the Secretary shall submit to Congress a report that
includes—
(1) the findings of the studies described in subparagraphs
(A) and (B) of subsection (a)(1);
(2) the results of the projects that received a grant under
subsection (b);
(3) any recommendations for workforce development and
training opportunities with respect to port electrification; and

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(4) any policy recommendations based on the findings and
results described in paragraphs (1) and (2).
SEC. 11403. CARBON REDUCTION PROGRAM.

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(a) IN GENERAL.—Chapter 1 of title 23, United States Code
(as amended by section 11203(a)), is amended by adding at the
end the following:
‘‘§ 175. Carbon reduction program
‘‘(a) DEFINITIONS.—In this section:
‘‘(1) METROPOLITAN PLANNING ORGANIZATION; URBANIZED
AREA.—The terms ‘metropolitan planning organization’ and
‘urbanized area’ have the meaning given those terms in section
134(b).
‘‘(2) TRANSPORTATION EMISSIONS.—The term ‘transportation
emissions’ means carbon dioxide emissions from on-road highway sources of those emissions within a State.
‘‘(3) TRANSPORTATION MANAGEMENT AREA.—The term
‘transportation management area’ means a transportation
management area identified or designated by the Secretary
under section 134(k)(1).
‘‘(b) ESTABLISHMENT.—The Secretary shall establish a carbon
reduction program to reduce transportation emissions.
‘‘(c) ELIGIBLE PROJECTS.—
‘‘(1) IN GENERAL.—Subject to paragraph (2), funds apportioned to a State under section 104(b)(7) may be obligated
for projects to support the reduction of transportation emissions,
including—
‘‘(A) a project described in section 149(b)(4) to establish
or operate a traffic monitoring, management, and control
facility or program, including advanced truck stop electrification systems;
‘‘(B) a public transportation project that is eligible for
assistance under section 142;
‘‘(C) a project described in section 101(a)(29) (as in
effect on the day before the date of enactment of the FAST
Act (Public Law 114–94; 129 Stat. 1312)), including the
construction, planning, and design of on-road and off-road
trail facilities for pedestrians, bicyclists, and other nonmotorized forms of transportation;
‘‘(D) a project described in section 503(c)(4)(E) for
advanced transportation and congestion management technologies;
‘‘(E) a project for the deployment of infrastructurebased intelligent transportation systems capital improvements and the installation of vehicle-to-infrastructure
communications equipment, including retrofitting dedicated
short-range communications (DSRC) technology deployed
as part of an existing pilot program to cellular vehicleto-everything (C–V2X) technology;
‘‘(F) a project to replace street lighting and traffic
control devices with energy-efficient alternatives;
‘‘(G) the development of a carbon reduction strategy
in accordance with subsection (d);
‘‘(H) a project or strategy that is designed to support
congestion pricing, shifting transportation demand to
nonpeak hours or other transportation modes, increasing

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135 STAT. 556

vehicle occupancy rates, or otherwise reducing demand for
roads, including electronic toll collection, and travel
demand management strategies and programs;
‘‘(I) efforts to reduce the environmental and community
impacts of freight movement;
‘‘(J) a project to support deployment of alternative fuel
vehicles, including—
‘‘(i) the acquisition, installation, or operation of
publicly accessible electric vehicle charging infrastructure or hydrogen, natural gas, or propane vehicle
fueling infrastructure; and
‘‘(ii) the purchase or lease of zero-emission
construction equipment and vehicles, including the
acquisition, construction, or leasing of required supporting facilities;
‘‘(K) a project described in section 149(b)(8) for a diesel
engine retrofit;
‘‘(L) a project described in section 149(b)(5) that does
not result in the construction of new capacity; and
‘‘(M) a project that reduces transportation emissions
at port facilities, including through the advancement of
port electrification.
‘‘(2) FLEXIBILITY.—In addition to the eligible projects under
paragraph (1), a State may use funds apportioned under section
104(b)(7) for a project eligible under section 133(b) if the Secretary certifies that the State has demonstrated a reduction
in transportation emissions—
‘‘(A) as estimated on a per capita basis; and
‘‘(B) as estimated on a per unit of economic output
basis.
‘‘(d) CARBON REDUCTION STRATEGY.—
‘‘(1) IN GENERAL.—Not later than 2 years after the date
of enactment of the Surface Transportation Reauthorization
Act of 2021, a State, in consultation with any metropolitan
planning organization designated within the State, shall
develop a carbon reduction strategy in accordance with this
subsection.
‘‘(2) REQUIREMENTS.—The carbon reduction strategy of a
State developed under paragraph (1) shall—
‘‘(A) support efforts to reduce transportation emissions;
‘‘(B) identify projects and strategies to reduce transportation emissions, which may include projects and strategies
for safe, reliable, and cost-effective options—
‘‘(i) to reduce traffic congestion by facilitating the
use of alternatives to single-occupant vehicle trips,
including public transportation facilities, pedestrian
facilities, bicycle facilities, and shared or pooled vehicle
trips within the State or an area served by the
applicable metropolitan planning organization, if any;
‘‘(ii) to facilitate the use of vehicles or modes of
travel that result in lower transportation emissions
per person-mile traveled as compared to existing
vehicles and modes; and
‘‘(iii) to facilitate approaches to the construction
of transportation assets that result in lower transportation emissions as compared to existing approaches;

Certification.

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Deadline.
Consultation.

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135 STAT. 557

‘‘(C) support the reduction of transportation emissions
of the State;
‘‘(D) at the discretion of the State, quantify the total
carbon emissions from the production, transport, and use
of materials used in the construction of transportation
facilities within the State; and
‘‘(E) be appropriate to the population density and context of the State, including any metropolitan planning
organization designated within the State.
‘‘(3) UPDATES.—The carbon reduction strategy of a State
developed under paragraph (1) shall be updated not less frequently than once every 4 years.
‘‘(4) REVIEW.—Not later than 90 days after the date on
which a State submits a request for the approval of a carbon
reduction strategy developed by the State under paragraph
(1), the Secretary shall—
‘‘(A) review the process used to develop the carbon
reduction strategy; and
‘‘(B)(i) certify that the carbon reduction strategy meets
the requirements of paragraph (2); or
‘‘(ii) deny certification of the carbon reduction strategy
and specify the actions necessary for the State to take
to correct the deficiencies in the process of the State in
developing the carbon reduction strategy.
‘‘(5) TECHNICAL ASSISTANCE.—At the request of a State,
the Secretary shall provide technical assistance in the development of the carbon reduction strategy under paragraph (1).
‘‘(e) SUBALLOCATION.—
‘‘(1) IN GENERAL.—For each fiscal year, of the funds apportioned to the State under section 104(b)(7)—
‘‘(A) 65 percent shall be obligated, 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 more than 200,000;
‘‘(ii) in urbanized areas of the State with an urbanized population of not less than 50,000 and not more
than 200,000;
‘‘(iii) in urban areas of the State with a population
of not less than 5,000 and not more than 49,999; and
‘‘(iv) in other areas of the State with a population
of less than 5,000; 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) DISTRIBUTION AMONG URBANIZED AREAS OF OVER 50,000
POPULATION.—
‘‘(A) IN GENERAL.—Except as provided in subparagraph
(B), the amounts that a State is required to obligate under
clauses (i) and (ii) of paragraph (1)(A) shall be obligated
in urbanized areas described in those clauses 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—

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Time period.

Deadline.

Certification.

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135 STAT. 558

Time period.

Compliance.

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PUBLIC LAW 117–58—NOV. 15, 2021

‘‘(i) the State and the relevant metropolitan planning organizations jointly apply to the Secretary for
the permission to base the obligation on other factors;
and
‘‘(ii) the Secretary grants the request.
‘‘(4) COORDINATION IN URBANIZED AREAS.—Before obligating
funds for an eligible project under subsection (c) in an urbanized
area that is not a transportation management area, a State
shall coordinate with any metropolitan planning organization
that represents the urbanized area prior to determining which
activities should be carried out under the project.
‘‘(5) CONSULTATION IN RURAL AREAS.—Before obligating
funds for an eligible project under subsection (c) in a rural
area, a State shall consult with any regional transportation
planning organization or metropolitan planning organization
that represents the rural area prior to determining which activities should be carried out under the project.
‘‘(6) OBLIGATION AUTHORITY.—
‘‘(A) IN GENERAL.—A State that is required to obligate
in an urbanized area with an urbanized area population
of 50,000 or more under this subsection funds apportioned
to the State under section 104(b)(7) shall make available
during the period of fiscal years 2022 through 2026 an
amount of obligation authority distributed to the State
for Federal-aid highways and highway safety construction
programs for use in the area that is equal to the amount
obtained by multiplying—
‘‘(i) the aggregate amount of funds that the State
is required to obligate in the area under this subsection
during the period; and
‘‘(ii) the ratio that—
‘‘(I) the aggregate amount of obligation
authority distributed to the State for Federal-aid
highways and highway safety construction programs during the period; bears to
‘‘(II) the total of the sums apportioned to the
State for Federal-aid highways and highway safety
construction programs (excluding sums not subject
to an obligation limitation) during the period.
‘‘(B) JOINT RESPONSIBILITY.—Each State, each affected
metropolitan planning organization, and the Secretary shall
jointly ensure compliance with subparagraph (A).
‘‘(f) FEDERAL SHARE.—The Federal share of the cost of a project
carried out using funds apportioned to a State under section
104(b)(7) shall be determined in accordance with section 120.
‘‘(g) TREATMENT OF PROJECTS.—Notwithstanding any other
provision of law, a project assisted under this section shall be
treated as a project on a Federal-aid highway under this chapter.’’.
(b) CLERICAL AMENDMENT.—The analysis for chapter 1 of title
23, United States Code (as amended by section 11203(b)) is amended
by inserting after the item relating to section 174 the following:
‘‘175. Carbon reduction program.’’.

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SEC. 11404. CONGESTION RELIEF PROGRAM.

(a) IN GENERAL.—Section 129 of title 23, United States Code,
is amended by adding at the end the following:
‘‘(d) CONGESTION RELIEF PROGRAM.—

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‘‘(1) DEFINITIONS.—In this subsection:
‘‘(A) ELIGIBLE ENTITY.—The term ‘eligible entity’ means
any of the following:
‘‘(i) A State, for the purpose of carrying out a
project in an urbanized area with a population of more
than 1,000,000.
‘‘(ii) A metropolitan planning organization, city,
or municipality, for the purpose of carrying out a
project in an urbanized area with a population of more
than 1,000,000.
‘‘(B) INTEGRATED CONGESTION MANAGEMENT SYSTEM.—
The term ‘integrated congestion management system’
means a system for the integration of management and
operations of a regional transportation system that
includes, at a minimum, traffic incident management, work
zone management, traffic signal timing, managed lanes,
real-time traveler information, and active traffic management, in order to maximize the capacity of all facilities
and modes across the applicable region.
‘‘(C) PROGRAM.—The term ‘program’ means the congestion relief program established under paragraph (2).
‘‘(2) ESTABLISHMENT.—The Secretary shall establish a
congestion relief program to provide discretionary grants to
eligible entities to advance innovative, integrated, and
multimodal solutions to congestion relief in the most congested
metropolitan areas of the United States.
‘‘(3) PROGRAM GOALS.—The goals of the program are to
reduce highway congestion, reduce economic and environmental
costs associated with that congestion, including transportation
emissions, and optimize existing highway capacity and usage
of highway and transit systems through—
‘‘(A) improving intermodal integration with highways,
highway operations, and highway performance;
‘‘(B) reducing or shifting highway users to off-peak
travel times or to nonhighway travel modes during peak
travel times; and
‘‘(C) pricing of, or based on, as applicable—
‘‘(i) parking;
‘‘(ii) use of roadways, including in designated
geographic zones; or
‘‘(iii) congestion.
‘‘(4) ELIGIBLE PROJECTS.—Funds from a grant under the
program may be used for a project or an integrated collection
of projects, including planning, design, implementation, and
construction activities, to achieve the program goals under paragraph (3), including—
‘‘(A) deployment and operation of an integrated congestion management system;
‘‘(B) deployment and operation of a system that implements or enforces high occupancy vehicle toll lanes, cordon
pricing, parking pricing, or congestion pricing;
‘‘(C) deployment and operation of mobility services,
including establishing account-based financial systems,
commuter buses, commuter vans, express operations, paratransit, and on-demand microtransit; and

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Determination.

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Analysis.

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‘‘(D) incentive programs that encourage travelers to
carpool, use nonhighway travel modes during peak period,
or travel during nonpeak periods.
‘‘(5) APPLICATION; SELECTION.—
‘‘(A) APPLICATION.—To be eligible to receive a grant
under the program, an eligible entity shall submit to the
Secretary an application at such time, in such manner,
and containing such information as the Secretary may
require.
‘‘(B) PRIORITY.—In providing grants under the program,
the Secretary shall give priority to projects in urbanized
areas that are experiencing a high degree of recurrent
congestion.
‘‘(C) FEDERAL SHARE.—The Federal share of the cost
of a project carried out with a grant under the program
shall not exceed 80 percent of the total project cost.
‘‘(D) MINIMUM AWARD.—A grant provided under the
program shall be not less than $10,000,000.
‘‘(6) USE OF TOLLING.—
‘‘(A) IN GENERAL.—Notwithstanding subsection (a)(1)
and section 301 and subject to subparagraphs (B) and
(C), the Secretary shall allow the use of tolls on the Interstate System as part of a project carried out with a grant
under the program.
‘‘(B) REQUIREMENTS.—The Secretary may only approve
the use of tolls under subparagraph (A) if—
‘‘(i) the eligible entity has authority under State,
and if applicable, local, law to assess the applicable
toll;
‘‘(ii) the maximum toll rate for any vehicle class
is not greater than the product obtained by multiplying—
‘‘(I) the toll rate for any other vehicle class;
and
‘‘(II) 5;
‘‘(iii) the toll rates are not charged or varied on
the basis of State residency;
‘‘(iv) the Secretary determines that the use of tolls
will enable the eligible entity to achieve the program
goals under paragraph (3) without a significant impact
to safety or mobility within the urbanized area in
which the project is located; and
‘‘(v) the use of toll revenues complies with subsection (a)(3).
‘‘(C) LIMITATION.—The Secretary may not approve the
use of tolls on the Interstate System under the program
in more than 10 urbanized areas.
‘‘(7) FINANCIAL EFFECTS ON LOW-INCOME DRIVERS.—A
project under the program—
‘‘(A) shall include, if appropriate, an analysis of the
potential effects of the project on low-income drivers; and
‘‘(B) may include mitigation measures to deal with
any potential adverse financial effects on low-income
drivers.’’.
(b) HIGH OCCUPANCY VEHICLE USE OF CERTAIN TOLL FACILITIES.—Section 129(a) of title 23, United States Code, is amended—

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(1) by redesignating paragraph (10) as paragraph (11);
and
(2) by inserting after paragraph (9) the following:
‘‘(10) HIGH OCCUPANCY VEHICLE USE OF CERTAIN TOLL
FACILITIES.—Notwithstanding section 102(a), in the case of a
toll facility that is on the Interstate System and that is constructed or converted after the date of enactment of the Surface
Transportation Reauthorization Act of 2021, the public
authority with jurisdiction over the toll facility shall allow
high occupancy vehicles, transit, and paratransit vehicles to
use the facility at a discount rate or without charge, unless
the public authority, in consultation with the Secretary, determines that the number of those vehicles using the facility
reduces the travel time reliability of the facility.’’.
SEC.

11405.

Consultation.
Determination.

PROMOTING RESILIENT OPERATIONS FOR TRANSFORMATIVE, EFFICIENT, AND COST-SAVING TRANSPORTATION (PROTECT) PROGRAM.

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(a) IN GENERAL.—Chapter 1 of title 23, United States Code
(as amended by section 11403(a)), is amended by adding at the
end the following:
‘‘§ 176. Promoting Resilient Operations for Transformative,
Efficient, and Cost-saving Transportation (PROTECT) program
‘‘(a) DEFINITIONS.—In this section:
‘‘(1) EMERGENCY EVENT.—The term ‘emergency event’
means a natural disaster or catastrophic failure resulting in—
‘‘(A) an emergency declared by the Governor of the
State in which the disaster or failure occurred; or
‘‘(B) an emergency or disaster declared by the President.
‘‘(2) EVACUATION ROUTE.—The term ‘evacuation route’
means a transportation route or system that—
‘‘(A) is owned, operated, or maintained by a Federal,
State, Tribal, or local government;
‘‘(B) is used—
‘‘(i) to transport the public away from emergency
events; or
‘‘(ii) to transport emergency responders and
recovery resources; and
‘‘(C) is designated by the eligible entity with jurisdiction over the area in which the route is located for the
purposes described in subparagraph (B).
‘‘(3) PROGRAM.—The term ‘program’ means the program
established under subsection (b)(1).
‘‘(4) RESILIENCE IMPROVEMENT.—The term ‘resilience
improvement’ means the use of materials or structural or nonstructural techniques, including natural infrastructure—
‘‘(A) that allow a project—
‘‘(i) to better anticipate, prepare for, and adapt
to changing conditions and to withstand and respond
to disruptions; and
‘‘(ii) to be better able to continue to serve the
primary function of the project during and after
weather events and natural disasters for the expected
life of the project; or

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135 STAT. 562

‘‘(B) that—
‘‘(i) reduce the magnitude and duration of impacts
of current and future weather events and natural disasters to a project; or
‘‘(ii) have the absorptive capacity, adaptive
capacity, and recoverability to decrease project vulnerability to current and future weather events or natural
disasters.
‘‘(b) ESTABLISHMENT.—
‘‘(1) IN GENERAL.—The Secretary shall establish a program,
to be known as the ‘Promoting Resilient Operations for Transformative, Efficient, and Cost-saving Transportation program’
or the ‘PROTECT program’.
‘‘(2) PURPOSE.—The purpose of the program is to provide
grants for resilience improvements through—
‘‘(A) formula funding distributed to States to carry
out subsection (c);
‘‘(B) competitive planning grants to enable communities
to assess vulnerabilities to current and future weather
events and natural disasters and changing conditions,
including sea level rise, and plan transportation improvements and emergency response strategies to address those
vulnerabilities; and
‘‘(C) competitive resilience improvement grants to protect—
‘‘(i) surface transportation assets by making the
assets more resilient to current and future weather
events and natural disasters, such as severe storms,
flooding, drought, levee and dam failures, wildfire,
rockslides, mudslides, sea level rise, extreme weather,
including extreme temperature, and earthquakes;
‘‘(ii) communities through resilience improvements
and strategies that allow for the continued operation
or rapid recovery of surface transportation systems
that—
‘‘(I) serve critical local, regional, and national
needs, including evacuation routes; and
‘‘(II) provide access or service to hospitals and
other medical or emergency service facilities, major
employers, critical manufacturing centers, ports
and intermodal facilities, utilities, and Federal
facilities;
‘‘(iii) coastal infrastructure, such as a tide gate
to protect highways, that is at long-term risk to sea
level rise; and
‘‘(iv) natural infrastructure that protects and
enhances
surface
transportation
assets
while
improving ecosystem conditions, including culverts that
ensure adequate flows in rivers and estuarine systems.
‘‘(c) ELIGIBLE ACTIVITIES FOR APPORTIONED FUNDING.—
‘‘(1) IN GENERAL.—Except as provided in paragraph (2),
funds apportioned to the State under section 104(b)(8) shall
be obligated for activities eligible under subparagraph (A), (B),
or (C) of subsection (d)(4).
‘‘(2) PLANNING SET-ASIDE.—Of the funds apportioned to a
State under section 104(b)(8) for each fiscal year, not less

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than 2 percent shall be for activities described in subsection
(d)(3).
‘‘(3) REQUIREMENTS.—
‘‘(A) PROJECTS IN CERTAIN AREAS.—If a project under
this subsection is carried out, in whole or in part, within
a base floodplain, the State shall—
‘‘(i) identify the base floodplain in which the project
is to be located and disclose that information to the
Secretary; and
‘‘(ii) indicate to the Secretary whether the State
plans to implement 1 or more components of the risk
mitigation plan under section 322 of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act
(42 U.S.C. 5165) with respect to the area.
‘‘(B) ELIGIBILITIES.—A State shall use funds apportioned to the State under section 104(b)(8) for—
‘‘(i) a highway project eligible for assistance under
this title;
‘‘(ii) a public transportation facility or service
eligible for assistance under chapter 53 of title 49;
or
‘‘(iii) a port facility, including a facility that—
‘‘(I) connects a port to other modes of transportation;
‘‘(II) improves the efficiency of evacuations and
disaster relief; or
‘‘(III) aids transportation.
‘‘(C) SYSTEM RESILIENCE.—A project carried out by a
State with funds apportioned to the State under section
104(b)(8) may include the use of natural infrastructure
or the construction or modification of storm surge, flood
protection, or aquatic ecosystem restoration elements that
are functionally connected to a transportation improvement, such as—
‘‘(i) increasing marsh health and total area adjacent to a highway right-of-way to promote additional
flood storage;
‘‘(ii) upgrades to and installation of culverts
designed to withstand 100-year flood events;
‘‘(iii) upgrades to and installation of tide gates
to protect highways;
‘‘(iv) upgrades to and installation of flood gates
to protect tunnel entrances; and
‘‘(v) improving functionality and resiliency of
stormwater controls, including inventory inspections,
upgrades to, and preservation of best management
practices to protect surface transportation infrastructure.
‘‘(D) FEDERAL COST SHARE.—
‘‘(i) IN GENERAL.—Except as provided in subsection
(e)(1), the Federal share of the cost of a project carried
out using funds apportioned to the State under section
104(b)(8) shall not exceed 80 percent of the total project
cost.
‘‘(ii) NON-FEDERAL SHARE.—A State may use Federal funds other than Federal funds apportioned to
the State under section 104(b)(8) to meet the non-

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PUBLIC LAW 117–58—NOV. 15, 2021
Federal cost share requirement for a project under
this subsection.
‘‘(E) ELIGIBLE PROJECT COSTS.—
‘‘(i) IN GENERAL.—Except as provided in clause
(ii), eligible project costs for activities carried out by
a State with funds apportioned to the State under
section 104(b)(8) may include the costs of—
‘‘(I) development phase activities, including
planning, feasibility analysis, revenue forecasting,
environmental review, preliminary engineering
and design work, and other preconstruction activities; and
‘‘(II) construction, reconstruction, rehabilitation, and acquisition of real property (including
land related to the project and improvements to
land), environmental mitigation, construction
contingencies, acquisition of equipment directly
related to improving system performance, and
operational improvements.
‘‘(ii) ELIGIBLE PLANNING COSTS.—In the case of a
planning activity described in subsection (d)(3) that
is carried out by a State with funds apportioned to
the State under section 104(b)(8), eligible costs may
include development phase activities, including planning, feasibility analysis, revenue forecasting, environmental review, preliminary engineering and design
work, other preconstruction activities, and other activities consistent with carrying out the purposes of subsection (d)(3).
‘‘(F) LIMITATIONS.—A State—
‘‘(i) may use not more than 40 percent of the
amounts apportioned to the State under section
104(b)(8) for the construction of new capacity; and
‘‘(ii) may use not more than 10 percent of the
amounts apportioned to the State under section
104(b)(8) for activities described in subparagraph
(E)(i)(I).
‘‘(d) COMPETITIVE AWARDS.—
‘‘(1) IN GENERAL.—In addition to funds apportioned to
States under section 104(b)(8) to carry out activities under
subsection (c), the Secretary shall provide grants on a competitive basis under this subsection to eligible entities described
in paragraph (2).
‘‘(2) ELIGIBLE ENTITIES.—Except as provided in paragraph
(4)(C), the Secretary may make a grant under this subsection
to any of the following:
‘‘(A) A State or political subdivision of a State.
‘‘(B) A metropolitan planning organization.
‘‘(C) A unit of local government.
‘‘(D) A special purpose district or public authority with
a transportation function, including a port authority.
‘‘(E) An Indian tribe (as defined in section 207(m)(1)).
‘‘(F) A Federal land management agency that applies
jointly with a State or group of States.
‘‘(G) A multi-State or multijurisdictional group of entities described in subparagraphs (A) through (F).

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‘‘(3) PLANNING GRANTS.—Using funds made available under
this subsection, the Secretary shall provide planning grants
to eligible entities for the purpose of—
‘‘(A) in the case of a State or metropolitan planning
organization, developing a resilience improvement plan
under subsection (e)(2);
‘‘(B) resilience planning, predesign, design, or the
development of data tools to simulate transportation
disruption scenarios, including vulnerability assessments;
‘‘(C) technical capacity building by the eligible entity
to facilitate the ability of the eligible entity to assess the
vulnerabilities of the surface transportation assets and
community response strategies of the eligible entity under
current conditions and a range of potential future conditions; or
‘‘(D) evacuation planning and preparation.
‘‘(4) RESILIENCE GRANTS.—
‘‘(A) RESILIENCE IMPROVEMENT GRANTS.—
‘‘(i) IN GENERAL.—Using funds made available
under this subsection, the Secretary shall provide resilience improvement grants to eligible entities to carry
out 1 or more eligible activities under clause (ii).
‘‘(ii) ELIGIBLE ACTIVITIES.—
‘‘(I) IN GENERAL.—An eligible entity may use
a resilience improvement grant under this
subparagraph for 1 or more construction activities
to improve the ability of an existing surface
transportation asset to withstand 1 or more elements of a weather event or natural disaster, or
to increase the resilience of surface transportation
infrastructure from the impacts of changing conditions, such as sea level rise, flooding, wildfires,
extreme weather events, and other natural disasters.
‘‘(II) INCLUSIONS.—An activity eligible to be
carried out under this subparagraph includes—
‘‘(aa) resurfacing, restoration, rehabilitation, reconstruction, replacement, improvement, or realignment of an existing surface
transportation facility eligible for assistance
under this title;
‘‘(bb) the incorporation of natural infrastructure;
‘‘(cc) the upgrade of an existing surface
transportation facility to meet or exceed a
design standard adopted by the Federal Highway Administration;
‘‘(dd) the installation of mitigation measures that prevent the intrusion of floodwaters
into surface transportation systems;
‘‘(ee) strengthening systems that remove
rainwater from surface transportation facilities;
‘‘(ff) upgrades to and installation of structural stormwater controls;

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‘‘(gg) a resilience project that addresses
identified vulnerabilities described in the resilience improvement plan of the eligible entity,
if applicable;
‘‘(hh) relocating roadways in a base floodplain to higher ground above projected flood
elevation levels, or away from slide prone
areas;
‘‘(ii) stabilizing slide areas or slopes;
‘‘(jj) installing riprap;
‘‘(kk) lengthening or raising bridges to
increase waterway openings, including to
respond to extreme weather;
‘‘(ll) increasing the size or number of
drainage structures;
‘‘(mm) installing seismic retrofits on
bridges;
‘‘(nn) adding scour protection at bridges;
‘‘(oo) adding scour, stream stability,
coastal, and other hydraulic countermeasures,
including spur dikes;
‘‘(pp) vegetation management practices in
transportation rights-of-way to improve roadway safety, prevent against invasive species,
facilitate wildfire control, and provide erosion
control; and
‘‘(qq) any other protective features,
including natural infrastructure, as determined by the Secretary.
‘‘(iii) PRIORITY.—The Secretary shall prioritize a
resilience improvement grant to an eligible entity if—
‘‘(I) the Secretary determines—
‘‘(aa) the benefits of the eligible activity
proposed to be carried out by the eligible entity
exceed the costs of the activity; and
‘‘(bb) there is a need to address the
vulnerabilities of surface transportation assets
of the eligible entity with a high risk of, and
impacts associated with, failure due to the
impacts of weather events, natural disasters,
or changing conditions, such as sea level rise,
wildfires, and increased flood risk; or
‘‘(II) the eligible activity proposed to be carried
out by the eligible entity is included in the
applicable resilience improvement plan under subsection (e)(2).
‘‘(B) COMMUNITY RESILIENCE AND EVACUATION ROUTE
GRANTS.—
‘‘(i) IN GENERAL.—Using funds made available
under this subsection, the Secretary shall provide
community resilience and evacuation route grants to
eligible entities to carry out 1 or more eligible activities
under clause (ii).
‘‘(ii) ELIGIBLE ACTIVITIES.—An eligible entity may
use a community resilience and evacuation route grant
under this subparagraph for 1 or more projects that
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essential for providing and supporting evacuations
caused by emergency events, including a project that—
‘‘(I) is an eligible activity under subparagraph
(A)(ii), if that eligible activity will improve an
evacuation route;
‘‘(II) ensures the ability of the evacuation route
to provide safe passage during an evacuation and
reduces the risk of damage to evacuation routes
as a result of future emergency events, including
restoring or replacing existing evacuation routes
that are in poor condition or not designed to meet
the anticipated demand during an emergency
event, and including steps to protect routes from
mud, rock, or other debris slides;
‘‘(III) if the eligible entity notifies the Secretary that existing evacuation routes are not sufficient to adequately facilitate evacuations,
including the transportation of emergency
responders and recovery resources, expands the
capacity of evacuation routes to swiftly and safely
accommodate evacuations, including installation
of—
‘‘(aa) communications and intelligent
transportation system equipment and infrastructure;
‘‘(bb) counterflow measures; or
‘‘(cc) shoulders;
‘‘(IV) is for the construction of new or redundant evacuation routes, if the eligible entity notifies the Secretary that existing evacuation routes
are not sufficient to adequately facilitate evacuations, including the transportation of emergency
responders and recovery resources;
‘‘(V) is for the acquisition of evacuation route
or traffic incident management equipment or
signage; or
‘‘(VI) will ensure access or service to critical
destinations, including hospitals and other medical
or emergency service facilities, major employers,
critical manufacturing centers, ports and intermodal facilities, utilities, and Federal facilities.
‘‘(iii) PRIORITY.—The Secretary shall prioritize
community resilience and evacuation route grants
under this subparagraph for eligible activities that are
cost-effective, as determined by the Secretary, taking
into account—
‘‘(I) current and future vulnerabilities to an
evacuation route due to future occurrence or recurrence of emergency events that are likely to occur
in the geographic area in which the evacuation
route is located; and
‘‘(II) projected changes in development patterns, demographics, and extreme weather events
based on the best available evidence and analysis.
‘‘(iv) CONSULTATION.—In providing grants for
community resilience and evacuation routes under this
subparagraph, the Secretary may consult with the

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PUBLIC LAW 117–58—NOV. 15, 2021
Administrator of the Federal Emergency Management
Agency, who may provide technical assistance to the
Secretary and to eligible entities.
‘‘(C) AT-RISK COASTAL INFRASTRUCTURE GRANTS.—
‘‘(i) DEFINITION OF ELIGIBLE ENTITY.—In this
subparagraph, the term ‘eligible entity’ means any of
the following:
‘‘(I) A State (including the United States
Virgin Islands, Guam, American Samoa, and the
Commonwealth of the Northern Mariana Islands)
in, or bordering on, the Atlantic, Pacific, or Arctic
Ocean, the Gulf of Mexico, Long Island Sound,
or 1 or more of the Great Lakes.
‘‘(II) A political subdivision of a State described
in subclause (I).
‘‘(III) A metropolitan planning organization in
a State described in subclause (I).
‘‘(IV) A unit of local government in a State
described in subclause (I).
‘‘(V) A special purpose district or public
authority with a transportation function, including
a port authority, in a State described in subclause
(I).
‘‘(VI) An Indian tribe in a State described in
subclause (I).
‘‘(VII) A Federal land management agency that
applies jointly with a State or group of States
described in subclause (I).
‘‘(VIII) A multi-State or multijurisdictional
group of entities described in subclauses (I)
through (VII).
‘‘(ii) GRANTS.—Using funds made available under
this subsection, the Secretary shall provide at-risk
coastal infrastructure grants to eligible entities to carry
out 1 or more eligible activities under clause (iii).
‘‘(iii) ELIGIBLE ACTIVITIES.—An eligible entity may
use an at-risk coastal infrastructure grant under this
subparagraph for strengthening, stabilizing, hardening, elevating, relocating, or otherwise enhancing
the resilience of highway and non-rail infrastructure,
including bridges, roads, pedestrian walkways, and
bicycle lanes, and associated infrastructure, such as
culverts and tide gates to protect highways, that are
subject to, or face increased long-term future risks
of, a weather event, a natural disaster, or changing
conditions, including coastal flooding, coastal erosion,
wave action, storm surge, or sea level rise, in order
to improve transportation and public safety and to
reduce costs by avoiding larger future maintenance
or rebuilding costs.
‘‘(iv) CRITERIA.—The Secretary shall provide atrisk coastal infrastructure grants under this subparagraph for a project—
‘‘(I) that addresses the risks from a current
or future weather event or natural disaster,
including coastal flooding, coastal erosion, wave
action, storm surge, or sea level change; and

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‘‘(II) that reduces long-term infrastructure
costs by avoiding larger future maintenance or
rebuilding costs.
‘‘(v) COASTAL BENEFITS.—In addition to the criteria
under clause (iv), for the purpose of providing at-risk
coastal infrastructure grants under this subparagraph,
the Secretary shall evaluate the extent to which a
project will provide—
‘‘(I) access to coastal homes, businesses,
communities, and other critical infrastructure,
including access by first responders and other
emergency personnel; or
‘‘(II) access to a designated evacuation route.
‘‘(5) GRANT REQUIREMENTS.—
‘‘(A) SOLICITATIONS FOR GRANTS.—In providing grants
under this subsection, the Secretary shall conduct a transparent and competitive national solicitation process to
select eligible projects to receive grants under paragraph
(3) and subparagraphs (A), (B), and (C) of paragraph (4).
‘‘(B) APPLICATIONS.—
‘‘(i) IN GENERAL.—To be eligible to receive a grant
under paragraph (3) or subparagraph (A), (B), or (C)
of paragraph (4), an eligible entity shall submit to
the Secretary an application in such form, at such
time, and containing such information as the Secretary
determines to be necessary.
‘‘(ii) PROJECTS IN CERTAIN AREAS.—If a project is
proposed to be carried out by the eligible entity, in
whole or in part, within a base floodplain, the eligible
entity shall—
‘‘(I) as part of the application, identify the
floodplain in which the project is to be located
and disclose that information to the Secretary; and
‘‘(II) indicate in the application whether, if
selected, the eligible entity will implement 1 or
more components of the risk mitigation plan under
section 322 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C.
5165) with respect to the area.
‘‘(C) ELIGIBILITIES.—The Secretary may make a grant
under paragraph (3) or subparagraph (A), (B), or (C) of
paragraph (4) only for—
‘‘(i) a highway project eligible for assistance under
this title;
‘‘(ii) a public transportation facility or service
eligible for assistance under chapter 53 of title 49;
‘‘(iii) a facility or service for intercity rail passenger
transportation (as defined in section 24102 of title 49);
or
‘‘(iv) a port facility, including a facility that—
‘‘(I) connects a port to other modes of transportation;
‘‘(II) improves the efficiency of evacuations and
disaster relief; or
‘‘(III) aids transportation.
‘‘(D) SYSTEM RESILIENCE.—A project for which a grant
is provided under paragraph (3) or subparagraph (A), (B),

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or (C) of paragraph (4) may include the use of natural
infrastructure or the construction or modification of storm
surge, flood protection, or aquatic ecosystem restoration
elements that the Secretary determines are functionally
connected to a transportation improvement, such as—
‘‘(i) increasing marsh health and total area adjacent to a highway right-of-way to promote additional
flood storage;
‘‘(ii) upgrades to and installing of culverts designed
to withstand 100-year flood events;
‘‘(iii) upgrades to and installation of tide gates
to protect highways; and
‘‘(iv) upgrades to and installation of flood gates
to protect tunnel entrances.
‘‘(E) FEDERAL COST SHARE.—
‘‘(i) PLANNING GRANT.—The Federal share of the
cost of a planning activity carried out using a planning
grant under paragraph (3) shall be 100 percent.
‘‘(ii) RESILIENCE GRANTS.—
‘‘(I) IN GENERAL.—Except as provided in subclause (II) and subsection (e)(1), the Federal share
of the cost of a project carried out using a grant
under subparagraph (A), (B), or (C) of paragraph
(4) shall not exceed 80 percent of the total project
cost.
‘‘(II) TRIBAL PROJECTS.—On the determination
of the Secretary, the Federal share of the cost
of a project carried out using a grant under
subparagraph (A), (B), or (C) of paragraph (4) by
an Indian tribe (as defined in section 207(m)(1))
may be up to 100 percent.
‘‘(iii) NON-FEDERAL SHARE.—The eligible entity
may use Federal funds other than Federal funds provided under this subsection to meet the non-Federal
cost share requirement for a project carried out with
a grant under this subsection.
‘‘(F) ELIGIBLE PROJECT COSTS.—
‘‘(i) RESILIENCE GRANT PROJECTS.—Eligible project
costs for activities funded with a grant under subparagraph (A), (B), or (C) of paragraph (4) may include
the costs of—
‘‘(I) development phase activities, including
planning, feasibility analysis, revenue forecasting,
environmental review, preliminary engineering
and design work, and other preconstruction activities; and
‘‘(II) construction, reconstruction, rehabilitation, and acquisition of real property (including
land related to the project and improvements to
land), environmental mitigation, construction
contingencies, acquisition of equipment directly
related to improving system performance, and
operational improvements.
‘‘(ii) PLANNING GRANTS.—Eligible project costs for
activities funded with a grant under paragraph (3)
may include the costs of development phase activities,

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including planning, feasibility analysis, revenue forecasting, environmental review, preliminary engineering
and design work, other preconstruction activities, and
other activities consistent with carrying out the purposes of that paragraph.
‘‘(G) LIMITATIONS.—
‘‘(i) IN GENERAL.—An eligible entity that receives
a grant under subparagraph (A), (B), or (C) of paragraph (4)—
‘‘(I) may use not more than 40 percent of the
amount of the grant for the construction of new
capacity; and
‘‘(II) may use not more than 10 percent of
the amount of the grant for activities described
in subparagraph (F)(i)(I).
‘‘(ii) LIMIT ON CERTAIN ACTIVITIES.—For each fiscal
year, not more than 25 percent of the total amount
provided under this subsection may be used for projects
described in subparagraph (C)(iii).
‘‘(H) DISTRIBUTION OF GRANTS.—
‘‘(i) IN GENERAL.—Subject to the availability of
funds, an eligible entity may request and the Secretary
may distribute funds for a grant under this subsection
on a multiyear basis, as the Secretary determines to
be necessary.
‘‘(ii) RURAL SET-ASIDE.—Of the amounts made
available to carry out this subsection for each fiscal
year, the Secretary shall use not less than 25 percent
for grants for projects located in areas that are outside
an urbanized area with a population of over 200,000.
‘‘(iii) TRIBAL SET-ASIDE.—Of the amounts made
available to carry out this subsection for each fiscal
year, the Secretary shall use not less than 2 percent
for grants to Indian tribes (as defined in section
207(m)(1)).
‘‘(iv) REALLOCATION.—For any fiscal year, if the
Secretary determines that the amount described in
clause (ii) or (iii) will not be fully utilized for the
grant described in that clause, the Secretary may
reallocate the unutilized funds to provide grants to
other eligible entities under this subsection.
‘‘(6) CONSULTATION.—In carrying out this subsection, the
Secretary shall—
‘‘(A) consult with the Assistant Secretary of the Army
for Civil Works, the Administrator of the Environmental
Protection Agency, the Secretary of the Interior, and the
Secretary of Commerce; and
‘‘(B) solicit technical support from the Administrator
of the Federal Emergency Management Agency.
‘‘(7) GRANT ADMINISTRATION.—The Secretary may—
‘‘(A) retain not more than a total of 5 percent of the
funds made available to carry out this subsection and to
review applications for grants under this subsection; and
‘‘(B) transfer portions of the funds retained under
subparagraph (A) to the relevant Administrators to fund
the award and oversight of grants provided under this
subsection.

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‘‘(e) RESILIENCE IMPROVEMENT PLAN AND LOWER NON-FEDERAL
SHARE.—
‘‘(1) FEDERAL SHARE REDUCTIONS.—
‘‘(A) IN GENERAL.—A State that receives funds apportioned to the State under section 104(b)(8) or an eligible
entity that receives a grant under subsection (d) shall
have the non-Federal share of a project carried out with
the funds or grant, as applicable, reduced by an amount
described in subparagraph (B) if the State or eligible entity
meets the applicable requirements under that subparagraph.
‘‘(B) AMOUNT OF REDUCTIONS.—
‘‘(i) RESILIENCE IMPROVEMENT PLAN.—Subject to
clause (iii), the amount of the non-Federal share of
the costs of a project carried out with funds apportioned
to a State under section 104(b)(8) or a grant under
subsection (d) shall be reduced by 7 percentage points
if—
‘‘(I) in the case of a State or an eligible entity
that is a State or a metropolitan planning
organization, the State or eligible entity has—
‘‘(aa) developed a resilience improvement
plan in accordance with this subsection; and
‘‘(bb) prioritized the project on that resilience improvement plan; and
‘‘(II) in the case of an eligible entity not
described in subclause (I), the eligible entity is
located in a State or an area served by a metropolitan planning organization that has—
‘‘(aa) developed a resilience improvement
plan in accordance with this subsection; and
‘‘(bb) prioritized the project on that resilience improvement plan.
‘‘(ii) INCORPORATION OF RESILIENCE IMPROVEMENT
PLAN IN OTHER PLANNING.—Subject to clause (iii), the
amount of the non-Federal share of the cost of a project
carried out with funds under subsection (c) or a grant
under subsection (d) shall be reduced by 3 percentage
points if—
‘‘(I) in the case of a State or an eligible entity
that is a State or a metropolitan planning
organization, the resilience improvement plan
developed in accordance with this subsection has
been incorporated into the metropolitan transportation plan under section 134 or the long-range
statewide transportation plan under section 135,
as applicable; and
‘‘(II) in the case of an eligible entity not
described in subclause (I), the eligible entity is
located in a State or an area served by a metropolitan planning organization that incorporated a
resilience improvement plan into the metropolitan
transportation plan under section 134 or the longrange statewide transportation plan under section
135, as applicable.
‘‘(iii) LIMITATIONS.—

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‘‘(I) MAXIMUM REDUCTION.—A State or eligible
entity may not receive a reduction under this paragraph of more than 10 percentage points for any
single project carried out with funds under subsection (c) or a grant under subsection (d).
‘‘(II) NO NEGATIVE NON-FEDERAL SHARE.—A
reduction under this paragraph shall not reduce
the non-Federal share of the costs of a project
carried out with funds under subsection (c) or a
grant under subsection (d) to an amount that is
less than zero.
‘‘(2) PLAN CONTENTS.—A resilience improvement plan
referred to in paragraph (1)—
‘‘(A) shall be for the immediate and long-range planning activities and investments of the State or metropolitan
planning organization with respect to resilience of the surface transportation system within the boundaries of the
State or metropolitan planning organization, as applicable;
‘‘(B) shall demonstrate a systemic approach to surface
transportation system resilience and be consistent with
and complementary of the State and local mitigation plans
required under section 322 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C.
5165);
‘‘(C) shall include a risk-based assessment of
vulnerabilities of transportation assets and systems to current and future weather events and natural disasters, such
as severe storms, flooding, drought, levee and dam failures,
wildfire, rockslides, mudslides, sea level rise, extreme
weather, including extreme temperatures, and earthquakes;
‘‘(D) may—
‘‘(i) designate evacuation routes and strategies,
including multimodal facilities, designated with consideration for individuals without access to personal
vehicles;
‘‘(ii) plan for response to anticipated emergencies,
including plans for the mobility of—
‘‘(I) emergency response personnel and equipment; and
‘‘(II) access to emergency services, including
for vulnerable or disadvantaged populations;
‘‘(iii) describe the resilience improvement policies,
including strategies, land-use and zoning changes,
investments in natural infrastructure, or performance
measures that will inform the transportation investment decisions of the State or metropolitan planning
organization with the goal of increasing resilience;
‘‘(iv) include an investment plan that—
‘‘(I) includes a list of priority projects; and
‘‘(II) describes how funds apportioned to the
State under section 104(b)(8) or provided by a
grant under the program would be invested and
matched, which shall not be subject to fiscal constraint requirements; and
‘‘(v) use science and data and indicate the source
of data and methodologies; and

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Assessment.

Deadline.

Determination.

Procedures.

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Federal Register,
publication.
Public comment.

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‘‘(E) shall, as appropriate—
‘‘(i) include a description of how the plan will
improve the ability of the State or metropolitan planning organization—
‘‘(I) to respond promptly to the impacts of
weather events and natural disasters; and
‘‘(II) to be prepared for changing conditions,
such as sea level rise and increased flood risk;
‘‘(ii) describe the codes, standards, and regulatory
framework, if any, adopted and enforced to ensure
resilience improvements within the impacted area of
proposed projects included in the resilience improvement plan;
‘‘(iii) consider the benefits of combining hard surface transportation assets, and natural infrastructure,
through coordinated efforts by the Federal Government
and the States;
‘‘(iv) assess the resilience of other community
assets, including buildings and housing, emergency
management assets, and energy, water, and communication infrastructure;
‘‘(v) use a long-term planning period; and
‘‘(vi) include such other information as the State
or metropolitan planning organization considers appropriate.
‘‘(3) NO NEW PLANNING REQUIREMENTS.—Nothing in this
section requires a metropolitan planning organization or a State
to develop a resilience improvement plan or to include a resilience improvement plan under the metropolitan transportation
plan under section 134 or the long-range statewide transportation plan under section 135, as applicable, of the metropolitan
planning organization or State.
‘‘(f) MONITORING.—
‘‘(1) IN GENERAL.—Not later than 18 months after the date
of enactment of this section, the Secretary shall—
‘‘(A) establish, for the purpose of evaluating the
effectiveness and impacts of projects carried out with a
grant under subsection (d)—
‘‘(i) subject to paragraph (2), transportation and
any other metrics as the Secretary determines to be
necessary; and
‘‘(ii) procedures for monitoring and evaluating
projects based on those metrics; and
‘‘(B) select a representative sample of projects to
evaluate based on the metrics and procedures established
under subparagraph (A).
‘‘(2) NOTICE.—Before adopting any metrics described in
paragraph (1), the Secretary shall—
‘‘(A) publish the proposed metrics in the Federal Register; and
‘‘(B) provide to the public an opportunity for comment
on the proposed metrics.
‘‘(g) REPORTS.—
‘‘(1) REPORTS FROM ELIGIBLE ENTITIES.—Not later than 1
year after the date on which a project carried out with a
grant under subsection (d) is completed, the eligible entity
that carried out the project shall submit to the Secretary a

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report on the results of the project and the use of the funds
awarded.
‘‘(2) REPORTS TO CONGRESS.—
‘‘(A) ANNUAL REPORTS.—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 website of the Department of Transportation, an
annual report that describes the implementation of the
program during the preceding calendar year, including—
‘‘(i) each project for which a grant was provided
under subsection (d);
‘‘(ii) information relating to project applications
received;
‘‘(iii) the manner in which the consultation requirements were implemented under subsection (d);
‘‘(iv) recommendations to improve the administration of subsection (d), including whether assistance
from additional or fewer agencies to carry out the
program is appropriate;
‘‘(v) the period required to disburse grant funds
to eligible entities based on applicable Federal
coordination requirements; and
‘‘(vi) a list of facilities that repeatedly require
repair or reconstruction due to emergency events.
‘‘(B) FINAL REPORT.—Not later than 5 years after the
date of enactment of the Surface Transportation Reauthorization Act of 2021, the Secretary shall submit to Congress
a report that includes the results of the reports submitted
under subparagraph (A).
‘‘(h) TREATMENT OF PROJECTS.—Notwithstanding any other
provision of law, a project assisted under this section shall be
treated as a project on a Federal-aid highway under this chapter.’’.
(b) CLERICAL AMENDMENT.—The analysis for chapter 1 of title
23, United States Code (as amended by section 11403(b)), is
amended by inserting after the item relating to section 175 the
following:

Web posting.

Recommendations.

List.

23 USC 101 prec.

‘‘176. Promoting Resilient Operations for Transformative, Efficient, and Cost-saving
Transportation (PROTECT) program.’’.

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SEC. 11406. HEALTHY STREETS PROGRAM.

23 USC 149 note.

(a) DEFINITIONS.—In this section:
(1) COOL PAVEMENT.—The term ‘‘cool pavement’’ means
a pavement with reflective surfaces with higher albedo to
decrease the surface temperature of that pavement.
(2) ELIGIBLE ENTITY.—The term ‘‘eligible entity’’ means—
(A) a State;
(B) a metropolitan planning organization;
(C) a unit of local government;
(D) a Tribal government; and
(E) a nonprofit organization working in coordination
with an entity described in subparagraphs (A) through
(D).
(3) LOW-INCOME COMMUNITY.—The term ‘‘low-income
community’’ means a census block group in which not less
than 30 percent of the population lives below the poverty line

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Assessment.
Assessment.

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(as defined in section 673 of the Community Services Block
Grant Act (42 U.S.C. 9902)).
(4) POROUS PAVEMENT.—The term ‘‘porous pavement’’
means a paved surface with a higher than normal percentage
of air voids to allow water to pass through the surface and
infiltrate into the subsoil.
(5) PROGRAM.—The term ‘‘program’’ means the Healthy
Streets program established under subsection (b).
(6) STATE.—The term ‘‘State’’ has the meaning given the
term in section 101(a) of title 23, United States Code.
(7) TRIBAL GOVERNMENT.—The term ‘‘Tribal government’’
means the recognized governing body of any Indian or Alaska
Native tribe, band, nation, pueblo, village, community, component band, or component reservation, individually identified
(including parenthetically) in the list published most recently
as of the date of enactment of this Act pursuant to section
104 of the Federally Recognized Indian Tribe List Act of 1994
(25 U.S.C. 5131).
(b) ESTABLISHMENT.—The Secretary shall establish a discretionary grant program, to be known as the ‘‘Healthy Streets program’’, to provide grants to eligible entities—
(1) to deploy cool pavements and porous pavements; and
(2) to expand tree cover.
(c) GOALS.—The goals of the program are—
(1) to mitigate urban heat islands;
(2) to improve air quality; and
(3) to reduce—
(A) the extent of impervious surfaces;
(B) stormwater runoff and flood risks; and
(C) heat impacts to infrastructure and road users.
(d) APPLICATION.—
(1) IN GENERAL.—To be eligible to receive a grant under
the program, an eligible entity shall submit to the Secretary
an application at such time, in such manner, and containing
such information as the Secretary may require.
(2) REQUIREMENTS.—The application submitted by an
eligible entity under paragraph (1) shall include a description
of—
(A) how the eligible entity would use the grant funds;
and
(B) the contribution that the projects intended to be
carried out with grant funds would make to improving
the safety, health outcomes, natural environment, and
quality of life in low-income communities and disadvantaged communities.
(e) USE OF FUNDS.—An eligible entity that receives a grant
under the program may use the grant funds for 1 or more of
the following activities:
(1) Conducting an assessment of urban heat islands to
identify hot spot areas of extreme heat or elevated air pollution.
(2) Conducting a comprehensive tree canopy assessment,
which shall assess the current tree locations and canopy,
including—
(A) an inventory of the location, species, condition,
and health of existing tree canopies and trees on public
facilities; and
(B) an identification of—

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(i) the locations where trees need to be replaced;
(ii) empty tree boxes or other locations where trees
could be added; and
(iii) flood-prone locations where trees or other natural infrastructure could mitigate flooding.
(3) Conducting an equity assessment by mapping tree
canopy gaps, flood-prone locations, and urban heat island hot
spots as compared to—
(A) pedestrian walkways and public transportation stop
locations;
(B) low-income communities; and
(C) disadvantaged communities.
(4) Planning activities, including developing an investment
plan based on the results of the assessments carried out under
paragraphs (1), (2), and (3).
(5) Purchasing and deploying cool pavements to mitigate
urban heat island hot spots.
(6) Purchasing and deploying porous pavement to mitigate
flooding and stormwater runoff in—
(A) pedestrian-only areas; and
(B) areas of low-volume, low-speed vehicular use.
(7) Purchasing of trees, site preparation, planting of trees,
ongoing maintenance and monitoring of trees, and repairing
of storm damage to trees, with priority given to—
(A) to the extent practicable, the planting of native
species; and
(B) projects located in a neighborhood with lower tree
cover or higher maximum daytime summer temperatures
compared to surrounding neighborhoods.
(8) Assessing underground infrastructure and coordinating
with local transportation and utility providers.
(9) Hiring staff to conduct any of the activities described
in paragraphs (1) through (8).
(f) PRIORITY.—In awarding grants to eligible entities under
the program, the Secretary shall give priority to an eligible entity—
(1) proposing to carry out an activity or project in a lowincome community or a disadvantaged community;
(2) that has entered into a community benefits agreement
with representatives of the community; or
(3) that is partnering with a qualified youth or conservation
corps (as defined in section 203 of the Public Lands Corps
Act of 1993 (16 U.S.C. 1722)).
(g) DISTRIBUTION REQUIREMENT.—Of the amounts made available to carry out the program for each fiscal year, not less than
80 percent shall be provided for projects in urbanized areas (as
defined in section 101(a) of title 23, United States Code).
(h) FEDERAL SHARE.—
(1) IN GENERAL.—Except as provided under paragraph (2),
the Federal share of the cost of a project carried out under
the program shall be 80 percent.
(2) WAIVER.—The Secretary may increase the Federal share
requirement under paragraph (1) to 100 percent for projects
carried out by an eligible entity that demonstrates economic
hardship, as determined by the Secretary.
(i) MAXIMUM GRANT AMOUNT.—An individual grant under this
section shall not exceed $15,000,000.

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(j) TREATMENT OF PROJECTS.—Notwithstanding any other provision of law, a project assisted under this section shall be treated
as a project on a Federal-aid highway under chapter 1 of title
23, United States Code.

Subtitle E—Miscellaneous
SEC. 11501. ADDITIONAL DEPOSITS INTO HIGHWAY TRUST FUND.
Repeal.

23 USC 101 prec.
23 USC 148 note.

Deadline.
Grants.

Determination.

Analysis.

whamilton on LAPJF8D0R2PROD with PUBLAW

23 USC 120 note.

(a) IN GENERAL.—Section 105 of title 23, United States Code,
is repealed.
(b) CLERICAL AMENDMENT.—The analysis for chapter 1 of title
23, United States Code, is amended by striking the item relating
to section 105.
SEC. 11502. STOPPING THREATS ON PEDESTRIANS.

(a) DEFINITION OF BOLLARD INSTALLATION PROJECT.—In this
section, the term ‘‘bollard installation project’’ means a project to
install raised concrete or metal posts on a sidewalk adjacent to
a roadway that are designed to slow or stop a motor vehicle.
(b) ESTABLISHMENT.—Not later than 1 year after the date of
enactment of this Act and subject to the availability of appropriations, the Secretary shall establish and carry out a competitive
grant pilot program to provide assistance to State departments
of transportation and local government entities for bollard installation projects designed to prevent pedestrian injuries and acts of
terrorism in areas used by large numbers of pedestrians.
(c) APPLICATION.—To be eligible to receive a grant under this
section, a State department of transportation or local government
entity shall submit to the Secretary an application at such time,
in such form, and containing such information as the Secretary
determines to be appropriate, which shall include, at a minimum—
(1) a description of the proposed bollard installation project
to be carried out;
(2) a description of the pedestrian injury or terrorism risks
with respect to the proposed installation area; and
(3) an analysis of how the proposed bollard installation
project will mitigate those risks.
(d) USE OF FUNDS.—A recipient of a grant under this section
may only use the grant funds for a bollard installation project.
(e) FEDERAL SHARE.—The Federal share of the costs of a bollard
installation project carried out with a grant under this section
may be up to 100 percent.
(f) AUTHORIZATION OF APPROPRIATIONS.—There is authorized
to be appropriated to the Secretary to carry out this section
$5,000,000 for each of fiscal years 2022 through 2026.
(g) TREATMENT OF PROJECTS.—Notwithstanding any other
provision of law, a project assisted under this section shall be
treated as a project on a Federal-aid highway under chapter 1
of title 23, United States Code.
SEC. 11503. TRANSFER AND SALE OF TOLL CREDITS.

(a) DEFINITIONS.—In this section:
(1) ORIGINATING STATE.—The term ‘‘originating State’’
means a State that—
(A) is eligible to use a credit under section 120(i) of
title 23, United States Code; and

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(B) has been selected by the Secretary under subsection
(d)(2).
(2) PILOT PROGRAM.—The term ‘‘pilot program’’ means the
pilot program established under subsection (b).
(3) RECIPIENT STATE.—The term ‘‘recipient State’’ means
a State that receives a credit by transfer or by sale under
this section from an originating State.
(4) STATE.—The term ‘‘State’’ has the meaning given the
term in section 101(a) of title 23, United States Code.
(b) ESTABLISHMENT OF PILOT PROGRAM.—The Secretary shall
establish and implement a toll credit exchange pilot program in
accordance with this section.
(c) PURPOSES.—The purposes of the pilot program are—
(1) to identify the extent of the demand to purchase toll
credits;
(2) to identify the cash price of toll credits through bilateral
transactions between States;
(3) to analyze the impact of the purchase or sale of toll
credits on transportation expenditures;
(4) to test the feasibility of expanding the pilot program
to allow all States to participate on a permanent basis; and
(5) to identify any other repercussions of the toll credit
exchange.
(d) SELECTION OF ORIGINATING STATES.—
(1) APPLICATION.—In order to participate in the pilot program as an originating State, a State shall submit to the
Secretary an application at such time, in such manner, and
containing such information as the Secretary may require,
including, at a minimum, such information as is required for
the Secretary to verify—
(A) the amount of unused toll credits for which the
State has submitted certification to the Secretary that are
available to be sold or transferred under the pilot program,
including—
(i) toll revenue generated and the sources of that
revenue;
(ii) toll revenue 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; and
(iii) an accounting of any Federal funds used by
the public, quasi-public, or private agency to build,
improve, or maintain the toll facility, to validate that
the credit has been 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;
(B) the documentation of maintenance of effort for
toll credits earned by the originating State; and
(C) the accuracy of the accounting system of the State
to earn and track toll credits.
(2) SELECTION.—Of the States that submit an application
under paragraph (1), the Secretary may select not more than
10 States to be designated as an originating State.
(3) LIMITATION ON SALES.—At any time, the Secretary may
limit the amount of unused toll credits that may be offered
for sale under the pilot program.

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Public
information.

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Deadline.

Determination.

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(e) TRANSFER OR SALE OF CREDITS.—
(1) IN GENERAL.—In carrying out the pilot program, the
Secretary shall provide that an originating State may transfer
or sell to a recipient State a credit not previously used by
the originating State under section 120(i) of title 23, United
States Code.
(2) WEBSITE SUPPORT.—The Secretary shall make available
a publicly accessible website on which originating States shall
post the amount of toll credits, verified under subsection
(d)(1)(A), that are available for sale or transfer to a recipient
State.
(3) BILATERAL TRANSACTIONS.—An originating State and
a recipient State may enter into a bilateral transaction to
sell or transfer verified toll credits.
(4) NOTIFICATION.—Not later than 30 days after the date
on which a credit is transferred or sold, the originating State
and the recipient State shall jointly submit to the Secretary
a written notification of the transfer or sale, including details
on—
(A) the amount of toll credits that have been sold
or transferred;
(B) the price paid or other value transferred in
exchange for the toll credits;
(C) the intended use by the recipient State of the
toll credits, if known;
(D) the intended use by the originating State of the
cash or other value transferred;
(E) an update on the toll credit balance of the originating State and the recipient State; and
(F) any other information about the transaction that
the Secretary may require.
(5) USE OF CREDITS BY TRANSFEREE OR PURCHASER.—A
recipient State may use a credit received under paragraph
(1) toward the non-Federal share requirement for any funds
made available to carry out title 23 or chapter 53 of title
49, United States Code, in accordance with section 120(i) of
title 23, United States Code.
(6) USE OF PROCEEDS FROM SALE OF CREDITS.—An originating State shall use the proceeds from the sale of a credit
under paragraph (1) for the construction costs of any project
in the originating State that is eligible under title 23, United
States Code.
(f) REPORTING REQUIREMENTS.—
(1) INITIAL REPORT.—Not later than 1 year after the date
on which the pilot program is established, 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 report on the
progress of the pilot program.
(2) FINAL REPORT.—Not later than 3 years after the date
on which the pilot program is established, the Secretary shall—
(A) 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 that—
(i) determines whether a toll credit marketplace
is viable and cost-effective;

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(ii) describes the buying and selling activities
under the pilot program;
(iii) describes the average sale price of toll credits;
(iv) determines whether the pilot program could
be expanded to more States or all States or to nonState operators of toll facilities;
(v) provides updated information on the toll credit
balance accumulated by each State; and
(vi) describes the list of projects that were assisted
by the pilot program; and
(B) make the report under subparagraph (A) publicly
available on the website of the Department.
(g) TERMINATION.—
(1) IN GENERAL.—The Secretary may terminate the pilot
program or the participation of any State in the pilot program
if the Secretary determines that—
(A) the pilot program is not serving a public benefit;
or
(B) it is not cost effective to carry out the pilot program.
(2) PROCEDURES.—The termination of the pilot program
or the participation of a State in the pilot program shall be
carried out consistent with Federal requirements for project
closeout, adjustment, and continuing responsibilities.

Determination.

Public
information.
Web posting.
Determination.

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SEC. 11504. STUDY OF IMPACTS ON ROADS FROM SELF-DRIVING
VEHICLES.

(a) IN GENERAL.—Not later than 60 days after the date of
enactment of this Act, the Secretary shall initiate a study on the
existing and future impacts of self-driving vehicles to transportation
infrastructure, mobility, the environment, and safety, including
impacts on—
(1) the Interstate System (as defined in section 101(a)
of title 23, United States Code);
(2) urban roads;
(3) rural roads;
(4) corridors with heavy traffic congestion;
(5) transportation systems optimization; and
(6) any other areas or issues relevant to operations of
the Federal Highway Administration that the Secretary determines to be appropriate.
(b) CONTENTS OF STUDY.—The study under subsection (a) shall
include specific recommendations for both rural and urban communities regarding the impacts of self-driving vehicles on existing
transportation system capacity.
(c) CONSIDERATIONS.—In carrying out the study under subsection (a), the Secretary shall—
(1) consider the need for and recommend any policy changes
to be undertaken by the Federal Highway Administration on
the impacts of self-driving vehicles as identified under paragraph (2); and
(2) for both rural and urban communities, include a discussion of—
(A) the impacts that self-driving vehicles will have
on existing transportation infrastructure, such as signage
and markings, traffic lights, and highway capacity and
design;
(B) the impact on commercial and private traffic flows;

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(C) infrastructure improvement needs that may be necessary for transportation infrastructure to accommodate
self-driving vehicles;
(D) the impact of self-driving vehicles on the environment, congestion, and vehicle miles traveled; and
(E) the impact of self-driving vehicles on mobility.
(d) COORDINATION.—In carrying out the study under subsection
(a), the Secretary shall consider and incorporate relevant current
and ongoing research of the Department.
(e) CONSULTATION.—In carrying out the study under subsection
(a), the Secretary shall convene and consult with a panel of national
experts in both rural and urban transportation, including—
(1) operators and users of the Interstate System (as defined
in section 101(a) of title 23, United States Code), including
private sector stakeholders;
(2) States and State departments of transportation;
(3) metropolitan planning organizations;
(4) the motor carrier industry;
(5) representatives of public transportation agencies or
organizations;
(6) highway safety and academic groups;
(7) nonprofit entities with experience in transportation
policy;
(8) National Laboratories (as defined in section 2 of the
Energy Policy Act of 2005 (42 U.S.C. 15801));
(9) environmental stakeholders; and
(10) self-driving vehicle producers, manufacturers, and
technology developers.
(f) REPORT.—Not later than 1 year after the date on which
the study under subsection (a) is initiated, the Secretary shall
submit a report on the results of the study to—
(1) the Committee on Environment and Public Works of
the Senate; and
(2) the Committee on Transportation and Infrastructure
of the House of Representatives.
SEC. 11505. DISASTER RELIEF MOBILIZATION STUDY.

Determination.

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(a) DEFINITION OF LOCAL COMMUNITY.—In this section, the
term ‘‘local community’’ means—
(1) a unit of local government;
(2) a political subdivision of a State or local government;
(3) a metropolitan planning organization (as defined in
section 134(b) of title 23, United States Code);
(4) a rural planning organization; or
(5) a Tribal government.
(b) STUDY.—
(1) IN GENERAL.—The Secretary shall carry out a study
to determine the utility of incorporating the use of bicycles
into the disaster preparedness and disaster response plans
of local communities.
(2) REQUIREMENTS.—The study carried out under paragraph (1) shall include—
(A) a vulnerability assessment of the infrastructure
in local communities as of the date of enactment of this
Act that supports active transportation, including bicycling,
walking, and personal mobility devices, with a particular
focus on areas in local communities that—

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(i) have low levels of vehicle ownership; and
(ii) lack sufficient active transportation infrastructure routes to public transportation;
(B) an evaluation of whether disaster preparedness
and disaster response plans should include the use of
bicycles by first responders, emergency workers, and
community organization representatives—
(i) during a mandatory or voluntary evacuation
ordered by a Federal, State, Tribal, or local government
entity—
(I) to notify residents of the need to evacuate;
(II) to evacuate individuals and goods; and
(III) to reach individuals who are in need of
first aid and medical assistance; and
(ii) after a disaster or emergency declared by a
Federal, State, Tribal, or local government entity—
(I) to participate in search and rescue activities;
(II) to carry commodities to be used for lifesaving or life-sustaining purposes, including—
(aa) water;
(bb) food;
(cc) first aid and other medical supplies;
and
(dd) power sources and electric supplies,
such as cell phones, radios, lights, and batteries;
(III) to reach individuals who are in need of
the commodities described in subclause (II); and
(IV) to assist with other disaster relief tasks,
as appropriate; and
(C) a review of training programs for first responders,
emergency workers, and community organization representatives relating to—
(i) competent bicycle skills, including the use of
cargo bicycles and electric bicycles, as applicable;
(ii) basic bicycle maintenance;
(iii) compliance with relevant traffic safety laws;
(iv) methods to use bicycles to carry out the activities described in clauses (i) and (ii) of subparagraph
(2)(B); and
(v) exercises conducted for the purpose of—
(I) exercising the skills described in clause
(i); and
(II) maintaining bicycles and related equipment.
(c) REPORT.—Not later than 2 years after the date of enactment
of this Act, 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 report that—
(1) describes the results of the study carried out under
subsection (b); and
(2) provides recommendations, if any, relating to—
(A) the methods by which to incorporate bicycles into
disaster preparedness and disaster response plans of local
communities; and

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(B) improvements to training programs described in
subsection (b)(2)(C).

SEC. 11506. APPALACHIAN REGIONAL COMMISSION.

(a) DEFINITIONS.—Section 14102(a)(1) of title 40, United States
Code, is amended—
(1) in subparagraph (G)—
(A) by inserting ‘‘Catawba,’’ after ‘‘Caldwell,’’; and
(B) by inserting ‘‘Cleveland,’’ after ‘‘Clay,’’;
(2) in subparagraph (J), by striking ‘‘and Spartanburg’’
and inserting ‘‘Spartanburg, and Union’’; and
(3) in subparagraph (M), by inserting ‘‘, of which the counties of Brooke, Hancock, Marshall, and Ohio shall be considered
to be located in the North Central subregion’’ after ‘‘West Virginia’’.
(b) FUNCTIONS.—Section 14303(a) of title 40, United States
Code, is amended—
(1) in paragraph (9), by striking ‘‘and’’ at the end;
(2) in paragraph (10), by striking the period at the end
and inserting ‘‘; and’’; and
(3) by adding at the end the following:
‘‘(11) support broadband access in the Appalachian region.’’.
(c) CONGRESSIONAL NOTIFICATION.—
(1) IN GENERAL.—Subchapter II of chapter 143 of subtitle
IV of title 40, United States Code, is amended by adding
at the end the following:
40 USC 14323.
Time period.

40 USC 14301
prec.

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Grants.
Contracts.

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‘‘§ 14323. Congressional notification
‘‘(a) IN GENERAL.—In the case of a project described in subsection (b), the Appalachian Regional Commission shall provide
to the Committee on Transportation and Infrastructure of the House
of Representatives and the Committee on Environment and Public
Works of the Senate notice of the award of a grant or other financial
assistance not less than 3 full business days before awarding the
grant or other financial assistance.
‘‘(b) PROJECTS DESCRIBED.—A project referred to in subsection
(a) is a project that the Appalachian Regional Commission has
selected to receive a grant or other financial assistance under this
subtitle in an amount not less than $50,000.’’.
(2) CLERICAL AMENDMENT.—The analysis for subchapter
II of chapter 143 of subtitle IV of title 40, United States
Code, is amended by adding at the end the following:
‘‘14323. Congressional notification.’’.

(d) HIGH-SPEED BROADBAND DEPLOYMENT INITIATIVE.—Section
14509 of title 40, United States Code, is amended—
(1) by striking subsection (a) and inserting the following:
‘‘(a) IN GENERAL.—The Appalachian Regional Commission may
provide technical assistance, make grants, enter into contracts,
or otherwise provide amounts to individuals or entities in the Appalachian region for projects and activities to increase affordable
access to broadband networks throughout the Appalachian region.’’;
(2) by redesignating subsections (b) through (d) as subsections (c) through (e), respectively;
(3) by inserting after subsection (a) the following:
‘‘(b) ELIGIBLE PROJECTS AND ACTIVITIES.—A project or activity
eligible to be carried out under this section is a project or activity—

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‘‘(1) to conduct research, analysis, and training to increase
broadband adoption efforts in the Appalachian region; or
‘‘(2) for the construction and deployment of broadband
service-related infrastructure in the Appalachian region.’’;
(4) in subsection (d) (as so redesignated), in the matter
preceding paragraph (1), by striking ‘‘subsection (b)’’ and
inserting ‘‘subsection (c)’’; and
(5) by adding at the end the following:
‘‘(f) REQUEST FOR DATA.—Before making a grant for a project
or activity described in subsection (b)(2), the Appalachian Regional
Commission shall request from the Federal Communications
Commission, the National Telecommunications and Information
Administration, the Economic Development Administration, and the
Department of Agriculture data on—
‘‘(1) the level and extent of broadband service that exists
in the area proposed to be served by the broadband servicerelated infrastructure; and
‘‘(2) the level and extent of broadband service that will
be deployed in the area proposed to be served by the broadband
service-related infrastructure pursuant to another Federal program.
‘‘(g) REQUIREMENT.—For each fiscal year, not less than 65 percent of the amounts made available to carry out this section shall
be used for grants for projects and activities described in subsection
(b)(2).’’.
(e) APPALACHIAN REGIONAL ENERGY HUB INITIATIVE.—
(1) IN GENERAL.—Subchapter I of chapter 145 of subtitle
IV of title 40, United States Code, is amended by adding
at the end the following:
‘‘§ 14511. Appalachian regional energy hub initiative
‘‘(a) IN GENERAL.—The Appalachian Regional Commission may
provide technical assistance to, make grants to, enter into contracts
with, or otherwise provide amounts to individuals or entities in
the Appalachian region for projects and activities—
‘‘(1) to conduct research and analysis regarding the economic impact of an ethane storage hub in the Appalachian
region that supports a more-effective energy market performance due to the scale of the project, such as a project with
the capacity to store and distribute more than 100,000 barrels
per day of hydrocarbon feedstock with a minimum gross heating
value of 1,700 Btu per standard cubic foot;
‘‘(2) with the potential to significantly contribute to the
economic resilience of the area in which the project is located;
and
‘‘(3) that will help establish a regional energy hub in the
Appalachian region for natural gas and natural gas liquids,
including hydrogen produced from the steam methane
reforming of natural gas feedstocks.
‘‘(b) LIMITATION ON AVAILABLE AMOUNTS.—Of the cost of any
project or activity eligible for a grant under this section—
‘‘(1) except as provided in paragraphs (2) and (3), not more
than 50 percent may be provided from amounts made available
to carry out this section;
‘‘(2) in the case of a project or activity to be carried out
in a county for which a distressed county designation is in
effect under section 14526, not more than 80 percent may

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Contracts.

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PUBLIC LAW 117–58—NOV. 15, 2021

be provided from amounts made available to carry out this
section; and
‘‘(3) in the case of a project or activity to be carried out
in a county for which an at-risk county designation is in effect
under section 14526, not more than 70 percent may be provided
from amounts made available to carry out this section.
‘‘(c) SOURCES OF ASSISTANCE.—Subject to subsection (b), a grant
provided under this section may be provided from amounts made
available to carry out this section, in combination with amounts
made available—
‘‘(1) under any other Federal program; or
‘‘(2) from any other source.
‘‘(d) FEDERAL SHARE.—Notwithstanding any provision of law
limiting the Federal share under any other Federal program,
amounts made available to carry out this section may be used
to increase that Federal share, as the Appalachian Regional
Commission determines to be appropriate.’’.
(2) CLERICAL AMENDMENT.—The analysis for subchapter
I of chapter 145 of title 40, United States Code, is amended
by adding at the end the following:
‘‘14511. Appalachian regional energy hub initiative.’’.

(f) AUTHORIZATION OF APPROPRIATIONS.—Section 14703 of title
40, United States Code, is amended—
(1) in subsection (a)—
(A) in paragraph (4), by striking ‘‘and’’ at the end;
(B) in paragraph (5), by striking the period at the
end and inserting ‘‘; and’’; and
(C) by adding at the end the following:
‘‘(6) $200,000,000 for each of fiscal years 2022 through
2026.’’;
(2) in subsection (c), by striking ‘‘$10,000,000 may be used
to carry out section 14509 for each of fiscal years 2016 through
2021’’ and inserting ‘‘$20,000,000 may be used to carry out
section 14509 for each of fiscal years 2022 through 2026’’;
(3) by redesignating subsections (d) and (e) as subsections
(e) and (f), respectively; and
(4) by inserting after subsection (c) the following:
‘‘(d) APPALACHIAN REGIONAL ENERGY HUB INITIATIVE.—Of the
amounts made available under subsection (a), $5,000,000 shall be
used to carry out section 14511 for each of fiscal years 2022 through
2026.’’.
(g) TERMINATION.—Section 14704 of title 40, United States
Code, is amended by striking ‘‘2021’’ and inserting ‘‘2026’’.

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SEC. 11507. DENALI COMMISSION.

(a) DENALI ACCESS SYSTEM PROGRAM.—Notwithstanding subsection (j) of section 309 of the Denali Commission Act of 1998
(42 U.S.C. 3121 note; Public Law 105–277), there is authorized
to be appropriated $20,000,000 for each of fiscal years 2022 through
2026 to carry out that section.
(b) TRANSFERS OF FUNDS.—Section 311(c) of the Denali Commission Act of 1998 (42 U.S.C. 3121 note; Public Law 105–277) is
amended—
(1) in paragraph (1), by striking ‘‘and’’ at the end;
(2) in paragraph (2), by striking the period at the end
and inserting ‘‘; and’’; and
(3) by adding at the end the following:

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‘‘(3) notwithstanding any other provision of law, shall—
‘‘(A) be treated as if directly appropriated to the
Commission and subject to applicable provisions of this
Act; and
‘‘(B) not be subject to any requirements that applied
to the funds before the transfer, including a requirement
in an appropriations Act or a requirement or regulation
of the Federal agency from which the funds are transferred.’’.

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SEC. 11508. REQUIREMENTS FOR TRANSPORTATION PROJECTS CARRIED OUT THROUGH PUBLIC-PRIVATE PARTNERSHIPS.

(a) DEFINITIONS.—In this section:
(1) PROJECT.—The term ‘‘project’’ means a project (as
defined in section 101 of title 23, United States Code) that—
(A) is carried out, in whole or in part, using Federal
financial assistance; and
(B) has an estimated total cost of $100,000,000 or
more.
(2) PUBLIC-PRIVATE PARTNERSHIP.—The term ‘‘public-private partnership’’ means an agreement between a public agency
and a private entity to finance, build, and maintain or operate
a project.
(b) REQUIREMENTS FOR PROJECTS CARRIED OUT THROUGH
PUBLIC-PRIVATE PARTNERSHIPS.—With respect to a public-private
partnership, as a condition of receiving Federal financial assistance
for a project, the Secretary shall require the public partner, not
later than 3 years after the date of opening of the project to
traffic—
(1) to conduct a review of the project, including a review
of the compliance of the private partner with the terms of
the public-private partnership agreement;
(2)(A) to certify to the Secretary that the private partner
of the public-private partnership is meeting the terms of the
public-private partnership agreement for the project; or
(B) to notify the Secretary that the private partner of
the public-private partnership has not met 1 or more of the
terms of the public-private partnership agreement for the
project, including a brief description of each violation of the
public-private partnership agreement; and
(3) to make publicly available the certification or notification, as applicable, under paragraph (2) in a form that does
not disclose any proprietary or confidential business information.
(c) NOTIFICATION.—If the Secretary provides Federal financial
assistance to a project carried out through a public-private partnership, not later than 30 days after the date on which the Federal
financial assistance is first obligated, 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 notification of the Federal financial
assistance made available for the project.
(d) VALUE FOR MONEY ANALYSIS.—
(1) PROJECT APPROVAL AND OVERSIGHT.—Section 106(h)(3)
of title 23, United States Code, is amended—
(A) in subparagraph (C), by striking ‘‘and’’ at the end;

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Deadline.

Reviews.
Compliance.
Certification.

Notification.

Public
information.

Deadline.

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Analysis.

Analysis.

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(B) by redesignating subparagraph (D) as subparagraph (E); and
(C) by inserting after subparagraph (C) the following:
‘‘(D) for a project in which the project sponsor intends
to carry out the project through a public-private partnership agreement, shall include a detailed value for money
analysis or similar comparative analysis for the project;
and’’.
(2) SURFACE TRANSPORTATION BLOCK GRANT PROGRAM.—
Paragraph (21) of section 133(b) of title 23, United States
Code (as redesignated by section 1109(a)(1)(C)), is amended
by inserting ‘‘, including conducting value for money analyses
or similar comparative analyses,’’ after ‘‘oversight’’.
(3) TIFIA.—Section 602(a) of title 23, United States Code,
is amended by adding at the end the following:
‘‘(11) PUBLIC-PRIVATE PARTNERSHIPS.—In the case of a
project to be carried out through a public-private partnership,
the public partner shall have—
‘‘(A) conducted a value for money analysis or similar
comparative analysis; and
‘‘(B) determined the appropriateness of the public-private partnership agreement.’’.
(e) APPLICABILITY.—This section and the amendments made
by this section shall only apply to a public-private partnership
agreement entered into on or after the date of enactment of this
Act.

23 USC 101 note.

SEC. 11509. RECONNECTING COMMUNITIES PILOT PROGRAM.

Study.

(a) DEFINITION OF ELIGIBLE FACILITY.—
(1) IN GENERAL.—In this section, the term ‘‘eligible facility’’
means a highway or other transportation facility that creates
a barrier to community connectivity, including barriers to
mobility, access, or economic development, due to high speeds,
grade separations, or other design factors.
(2) INCLUSIONS.—In this section, the term ‘‘eligible facility’’
may include—
(A) a limited access highway;
(B) a viaduct; and
(C) any other principal arterial facility.
(b) ESTABLISHMENT.—The Secretary shall establish a pilot program through which an eligible entity may apply for funding, in
order to restore community connectivity—
(1) to study the feasibility and impacts of removing, retrofitting, or mitigating an existing eligible facility;
(2) to conduct planning activities necessary to design a
project to remove, retrofit, or mitigate an existing eligible
facility; and
(3) to conduct construction activities necessary to carry
out a project to remove, retrofit, or mitigate an existing eligible
facility.
(c) PLANNING GRANTS.—
(1) ELIGIBLE ENTITIES.—The Secretary may award a grant
(referred to in this section as a ‘‘planning grant’’) to carry
out planning activities described in paragraph (2) to—
(A) a State;
(B) a unit of local government;
(C) a Tribal government;

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(D) a metropolitan planning organization; and
(E) a nonprofit organization.
(2) ELIGIBLE ACTIVITIES DESCRIBED.—The planning activities referred to in paragraph (1) are—
(A) planning studies to evaluate the feasibility of
removing, retrofitting, or mitigating an existing eligible
facility to restore community connectivity, including evaluations of—
(i) current traffic patterns on the eligible facility
proposed for removal, retrofit, or mitigation and the
surrounding street network;
(ii) the capacity of existing transportation networks
to maintain mobility needs;
(iii) an analysis of alternative roadway designs
or other uses for the right-of-way of the eligible facility,
including an analysis of whether the available rightof-way would suffice to create an alternative roadway
design;
(iv) the effect of the removal, retrofit, or mitigation
of the eligible facility on the mobility of freight and
people;
(v) the effect of the removal, retrofit, or mitigation
of the eligible facility on the safety of the traveling
public;
(vi) the cost to remove, retrofit, or mitigate the
eligible facility—
(I) to restore community connectivity; and
(II) to convert the eligible facility to a different
roadway design or use, compared to any expected
costs for necessary maintenance or reconstruction
of the eligible facility;
(vii) the anticipated economic impact of removing,
retrofitting, or mitigating and converting the eligible
facility and any economic development opportunities
that would be created by removing, retrofitting, or
mitigating and converting the eligible facility; and
(viii) the environmental impacts of retaining or
reconstructing the eligible facility and the anticipated
effect of the proposed alternative use or roadway
design;
(B) public engagement activities to provide opportunities for public input into a plan to remove and convert
an eligible facility; and
(C) other transportation planning activities required
in advance of a project to remove, retrofit, or mitigate
an existing eligible facility to restore community
connectivity, as determined by the Secretary.
(3) TECHNICAL ASSISTANCE PROGRAM.—
(A) IN GENERAL.—The Secretary may provide technical
assistance described in subparagraph (B) to an eligible
entity.
(B) TECHNICAL ASSISTANCE DESCRIBED.—The technical
assistance referred to in subparagraph (A) is technical
assistance in building organizational or community
capacity—
(i) to engage in transportation planning; and

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(ii) to identify innovative solutions to infrastructure challenges, including reconnecting communities
that—
(I) are bifurcated by eligible facilities; or
(II) lack safe, reliable, and affordable transportation choices.
(C) PRIORITIES.—In selecting recipients of technical
assistance under subparagraph (A), the Secretary shall
give priority to an application from a community that is
economically disadvantaged.
(4) SELECTION.—The Secretary shall—
(A) solicit applications for—
(i) planning grants; and
(ii) technical assistance under paragraph (3); and
(B) evaluate applications for a planning grant on the
basis of the demonstration by the applicant that—
(i) the eligible facility is aged and is likely to
need replacement or significant reconstruction within
the 20-year period beginning on the date of the submission of the application;
(ii) the eligible facility—
(I) creates barriers to mobility, access, or economic development; or
(II) is not justified by current and forecast
future travel demand; and
(iii) on the basis of preliminary investigations into
the feasibility of removing, retrofitting, or mitigating
the eligible facility to restore community connectivity,
further investigation is necessary and likely to be
productive.
(5) AWARD AMOUNTS.—A planning grant may not exceed
$2,000,000 per recipient.
(6) FEDERAL SHARE.—The total Federal share of the cost
of a planning activity for which a planning grant is used shall
not exceed 80 percent.
(d) CAPITAL CONSTRUCTION GRANTS.—
(1) ELIGIBLE ENTITIES.—The Secretary may award a grant
(referred to in this section as a ‘‘capital construction grant’’)
to the owner of an eligible facility to carry out an eligible
project described in paragraph (3) for which all necessary feasibility studies and other planning activities have been completed.
(2) PARTNERSHIPS.—An owner of an eligible facility may,
for the purposes of submitting an application for a capital
construction grant, if applicable, partner with—
(A) a State;
(B) a unit of local government;
(C) a Tribal government;
(D) a metropolitan planning organization; or
(E) a nonprofit organization.
(3) ELIGIBLE PROJECTS.—A project eligible to be carried
out with a capital construction grant includes—
(A) the removal, retrofit, or mitigation of an eligible
facility; and
(B) the replacement of an eligible facility with a new
facility that—
(i) restores community connectivity; and
(ii) is—

Evaluation.

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Time period.

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(I) sensitive to the context of the surrounding
community; and
(II) otherwise eligible for funding under title
23, United States Code.
(4) SELECTION.—The Secretary shall—
(A) solicit applications for capital construction grants;
and
(B) evaluate applications on the basis of—
(i) the degree to which the project will improve
mobility and access through the removal of barriers;
(ii) the appropriateness of removing, retrofitting,
or mitigating the eligible facility, based on current
traffic patterns and the ability of the replacement
facility and the regional transportation network to
absorb transportation demand and provide safe
mobility and access;
(iii) the impact of the project on freight movement;
(iv) the results of a cost-benefit analysis of the
project;
(v) the opportunities for inclusive economic
development;
(vi) the degree to which the eligible facility is
out of context with the current or planned land use;
(vii) the results of any feasibility study completed
for the project; and
(viii) the plan of the applicant for—
(I) employing residents in the area impacted
by the project through targeted hiring programs,
in partnership with registered apprenticeship programs, if applicable; and
(II) contracting and subcontracting with disadvantaged business enterprises.
(5) MINIMUM AWARD AMOUNTS.—A capital construction
grant shall be in an amount not less than $5,000,000 per
recipient.
(6) FEDERAL SHARE.—
(A) IN GENERAL.—Subject to subparagraph (B), a capital construction grant may not exceed 50 percent of the
total cost of the project for which the grant is awarded.
(B) MAXIMUM FEDERAL INVOLVEMENT.—Federal assistance other than a capital construction grant may be used
to satisfy the non-Federal share of the cost of a project
for which the grant is awarded, except that the total Federal assistance provided for a project for which the grant
is awarded may not exceed 80 percent of the total cost
of the project.
(7) COMMUNITY ADVISORY BOARD.—
(A) IN GENERAL.—To help achieve inclusive economic
development benefits with respect to the project for which
a grant is awarded, a grant recipient may form a community advisory board, which shall—
(i) facilitate community engagement with respect
to the project; and
(ii) track progress with respect to commitments
of the grant recipient to inclusive employment, contracting, and economic development under the project.

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(B) MEMBERSHIP.—If a grant recipient forms a community advisory board under subparagraph (A), the community advisory board shall be composed of representatives
of—
(i) the community;
(ii) owners of businesses that serve the community;
(iii) labor organizations that represent workers
that serve the community; and
(iv) State and local government.
(e) REPORTS.—
(1) USDOT REPORT ON PROGRAM.—Not later than January
1, 2026, 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 report that evaluates the program under
this section, including—
(A) information about the level of applicant interest
in planning grants, technical assistance under subsection
(c)(3), and capital construction grants, including the extent
to which overall demand exceeded available funds; and
(B) for recipients of capital construction grants, the
outcomes and impacts of the highway removal project,
including—
(i) any changes in the overall level of mobility,
congestion, access, and safety in the project area; and
(ii) environmental impacts and economic development opportunities in the project area.
(2) GAO REPORT ON HIGHWAY REMOVALS.—Not later than
2 years after the date of enactment of this Act, the Comptroller
General of the United States shall issue a report that—
(A) identifies examples of projects to remove highways
using Federal highway funds;
(B) evaluates the effect of highway removal projects
on the surrounding area, including impacts to the local
economy, congestion effects, safety outcomes, and impacts
on the movement of freight and people;
(C) evaluates the existing Federal-aid program eligibility under title 23, United States Code, for highway
removal projects;
(D) analyzes the costs and benefits of and barriers
to removing underutilized highways that are nearing the
end of their useful life compared to replacing or reconstructing the highway; and
(E) provides recommendations for integrating those
assessments into transportation planning and decisionmaking processes.
(f) TECHNICAL ASSISTANCE.—Of the funds made available to
carry out this section for planning grants, the Secretary may use
not more than $15,000,000 during the period of fiscal years 2022
through 2026 to provide technical assistance under subsection (c)(3).
(g) TREATMENT OF PROJECTS.—Notwithstanding any other
provision of law, a project assisted under this section shall be
treated as a project on a Federal-aid highway under chapter 1
of title 23, United States Code.

Evaluation.

Evaluation.

Evaluation.

Analysis.

Recommendations.
Time period.

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23 USC 101 note.

SEC. 11510. CYBERSECURITY TOOL; CYBER COORDINATOR.

(a) DEFINITIONS.—In this section:

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PUBLIC LAW 117–58—NOV. 15, 2021

135 STAT. 593

(1) ADMINISTRATOR.—The term ‘‘Administrator’’ means the
Administrator of the Federal Highway Administration.
(2) CYBER INCIDENT.—The term ‘‘cyber incident’’ has the
meaning given the term ‘‘incident’’ in section 3552 of title
44, United States Code.
(3) TRANSPORTATION AUTHORITY.—The term ‘‘transportation
authority’’ means—
(A) a public authority (as defined in section 101(a)
of title 23, United States Code);
(B) an owner or operator of a highway (as defined
in section 101(a) of title 23, United States Code);
(C) a manufacturer that manufactures a product
related to transportation; and
(D) a division office of the Federal Highway Administration.
(b) CYBERSECURITY TOOL.—
(1) IN GENERAL.—Not later than 2 years after the date
of enactment of this Act, the Administrator shall develop a
tool to assist transportation authorities in identifying, detecting,
protecting against, responding to, and recovering from cyber
incidents.
(2) REQUIREMENTS.—In developing the tool under paragraph (1), the Administrator shall—
(A) use the cybersecurity framework established by
the National Institute of Standards and Technology and
required by Executive Order 13636 of February 12, 2013
(78 Fed. Reg. 11739; relating to improving critical infrastructure cybersecurity);
(B) establish a structured cybersecurity assessment
and development program;
(C) coordinate with the Transportation Security
Administration and the Cybersecurity and Infrastructure
Security Agency;
(D) consult with appropriate transportation authorities,
operating agencies, industry stakeholders, and cybersecurity experts; and
(E) provide for a period of public comment and review
on the tool.
(c) DESIGNATION OF CYBER COORDINATOR.—
(1) IN GENERAL.—Not later than 2 years after the date
of enactment of this Act, the Administrator shall designate
an office as a ‘‘cyber coordinator’’, which shall be responsible
for monitoring, alerting, and advising transportation authorities
of cyber incidents.
(2) REQUIREMENTS.—The office designated under paragraph
(1) shall, in coordination with the Transportation Security
Administration and the Cybersecurity and Infrastructure Security Agency—
(A) provide to transportation authorities a secure
method of notifying the Federal Highway Administration
of cyber incidents;
(B) share the information collected under subparagraph
(A) with the Transportation Security Administration and
the Cybersecurity and Infrastructure Security Agency;
(C) monitor cyber incidents that affect transportation
authorities;

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Deadline.

Consultation.

Public comment.
Review.
Deadline.

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135 STAT. 594

PUBLIC LAW 117–58—NOV. 15, 2021
(D) alert transportation authorities to cyber incidents
that affect those transportation authorities;
(E) investigate unaddressed cyber incidents that affect
transportation authorities; and
(F) provide to transportation authorities educational
resources, outreach, and awareness on fundamental principles and best practices in cybersecurity for transportation
systems.

Investigation.

SEC. 11511. REPORT ON EMERGING ALTERNATIVE FUEL VEHICLES AND
INFRASTRUCTURE.

Public
information.

Evaluation.
Time period.
Effective date.
Time period.
Effective date.

Estimates.

Evaluation.

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Determinations.
23 USC 206 note.

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(a) DEFINITIONS.—In this section:
(1) EMERGING ALTERNATIVE FUEL VEHICLE.—The term
‘‘emerging alternative fuel vehicle’’ means a vehicle fueled by
hydrogen, natural gas, or propane.
(2) EMERGING ALTERNATIVE FUELING INFRASTRUCTURE.—
The term ‘‘emerging alternative fueling infrastructure’’ means
infrastructure for fueling an emerging alternative fuel vehicle.
(b) REPORT.—Not later than 1 year after the date of enactment
of this Act, to help guide future investments for emerging alternative fueling infrastructure, the Secretary shall submit to Congress
and make publicly available a report that—
(1) includes an evaluation of emerging alternative fuel
vehicles and projections for potential locations of emerging
alternative fuel vehicle owners during the 5-year period beginning on the date of submission of the report;
(2) identifies areas where emerging alternative fueling
infrastructure will be needed to meet the current and future
needs of drivers during the 5-year period beginning on the
date of submission of the report;
(3) identifies specific areas, such as a lack of pipeline
infrastructure, that may impede deployment and adoption of
emerging alternative fuel vehicles;
(4) includes a map that identifies concentrations of
emerging alternative fuel vehicles to meet the needs of current
and future emerging alternative fueling infrastructure;
(5) estimates the future need for emerging alternative
fueling infrastructure to support the adoption and use of
emerging alternative fuel vehicles; and
(6) includes a tool to allow States to compare and evaluate
different adoption and use scenarios for emerging alternative
fuel vehicles, with the ability to adjust factors to account for
regionally specific characteristics.
SEC. 11512. NONHIGHWAY RECREATIONAL FUEL STUDY.

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(a) DEFINITIONS.—In this section:
(1) HIGHWAY TRUST FUND.—The term ‘‘Highway Trust
Fund’’ means the Highway Trust Fund established by section
9503(a) of the Internal Revenue Code of 1986.
(2) NONHIGHWAY RECREATIONAL FUEL TAXES.—The term
‘‘nonhighway recreational fuel taxes’’ means taxes under section
4041 and 4081 of the Internal Revenue Code of 1986 with
respect to fuel used in vehicles on recreational trails or back
country terrain (including vehicles registered for highway use
when used on recreational trails, trail access roads not eligible
for funding under title 23, United States Code, or back country
terrain).

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PUBLIC LAW 117–58—NOV. 15, 2021

135 STAT. 595

(3) RECREATIONAL TRAILS PROGRAM.—The term ‘‘recreational trails program’’ means the recreational trails program
under section 206 of title 23, United States Code.
(b) ASSESSMENT; REPORT.—
(1) ASSESSMENT.—Not later than 1 year after the date
of enactment of this Act and not less frequently than once
every 5 years thereafter, as determined by the Secretary, the
Secretary shall carry out an assessment of the best available
estimate of the total amount of nonhighway recreational fuel
taxes received by the Secretary of the Treasury and transferred
to the Highway Trust Fund for the period covered by the
assessment.
(2) REPORT.—After carrying out each assessment under
paragraph (1), the Secretary shall submit to the Committees
on Finance and Environment and Public Works of the Senate
and the Committees on Ways and Means and Transportation
and Infrastructure of the House of Representatives a report
that includes—
(A) to assist Congress in determining an appropriate
funding level for the recreational trails program—
(i) a description of the results of the assessment;
and
(ii) an evaluation of whether the current recreational trails program funding level reflects the
amount of nonhighway recreational fuel taxes collected
and transferred to the Highway Trust Fund; and
(B) in the case of the first report submitted under
this paragraph, an estimate of the frequency with which
the Secretary anticipates carrying out the assessment
under paragraph (1), subject to the condition that such
an assessment shall be carried out not less frequently
than once every 5 years.
(c) CONSULTATION.—In carrying out an assessment under subsection (b)(1), the Secretary may consult with, as the Secretary
determines to be appropriate—
(1) the heads of—
(A) State agencies designated by Governors pursuant
to section 206(c)(1) of title 23, United States Code, to
administer the recreational trails program; and
(B) division offices of the Department;
(2) the Secretary of the Treasury;
(3) the Administrator of the Federal Highway Administration; and
(4) groups representing recreational activities and interests,
including hiking, biking and mountain biking, horseback riding,
water trails, snowshoeing, cross-country skiing, snowmobiling,
off-highway motorcycling, all-terrain vehicles and other offroad
motorized vehicle activities, and recreational trail advocates.

Deadline.
Time period.

Evaluation.

Estimate.
Time period.

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SEC. 11513. BUY AMERICA.

Section 313 of title 23, United States Code, is amended—
(1) by redesignating subsection (g) as subsection (h); and
(2) by inserting after subsection (f) the following:
‘‘(g) WAIVERS.—
‘‘(1) IN GENERAL.—Not less than 15 days before issuing
a waiver under this section, the Secretary shall provide to
the public—

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135 STAT. 596

‘‘(A) notice of the proposed waiver;
‘‘(B) an opportunity for comment on the proposed
waiver; and
‘‘(C) the reasons for the proposed waiver.
‘‘(2) REPORT.—Not less frequently than annually, 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
report on the waivers provided under this section.’’.

Notice.
Public comment.

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State listing.

PUBLIC LAW 117–58—NOV. 15, 2021

SEC. 11514. HIGH PRIORITY CORRIDORS ON THE NATIONAL HIGHWAY
SYSTEM.

(a) HIGH PRIORITY CORRIDORS.—Section 1105(c) of the Intermodal Surface Transportation Efficiency Act of 1991 (Public Law
102–240; 105 Stat. 2032; 133 Stat. 3018) is amended—
(1) by striking paragraph (84) and inserting the following:
‘‘(84) The Central Texas Corridor, including the route—
‘‘(A) commencing in the vicinity of Texas Highway 338
in Odessa, Texas, running eastward generally following
Interstate Route 20, connecting to Texas Highway 158 in
the vicinity of Midland, Texas, then following Texas Highway 158 eastward to United States Route 87 and then
following United States Route 87 southeastward, passing
in the vicinity of San Angelo, Texas, and connecting to
United States Route 190 in the vicinity of Brady, Texas;
‘‘(B) commencing at the intersection of Interstate Route
10 and United States Route 190 in Pecos County, Texas,
and following United States Route 190 to Brady, Texas;
‘‘(C) following portions of United States Route 190 eastward, passing in the vicinity of Fort Hood, Killeen, Belton,
Temple, Bryan, College Station, Huntsville, Livingston,
Woodville, and Jasper, to the logical terminus of Texas
Highway 63 at the Sabine River Bridge at Burrs Crossing
and including a loop generally encircling Bryan/College
Station, Texas;
‘‘(D) following United States Route 83 southward from
the vicinity of Eden, Texas, to a logical connection to Interstate Route 10 at Junction, Texas;
‘‘(E) following United States Route 69 from Interstate
Route 10 in Beaumont, Texas, north to United States Route
190 in the vicinity of Woodville, Texas;
‘‘(F) following United States Route 96 from Interstate
Route 10 in Beaumont, Texas, north to United States Route
190 in the vicinity of Jasper, Texas; and
‘‘(G) following United States Route 190, State Highway
305, and United States Route 385 from Interstate Route
10 in Pecos County, Texas, to Interstate 20 at Odessa,
Texas.’’; and
(2) by adding at the end the following:
‘‘(92) United States Route 421 from the interchange with
Interstate Route 85 in Greensboro, North Carolina, to the interchange with Interstate Route 95 in Dunn, North Carolina.
‘‘(93) The South Mississippi Corridor from the Louisiana
and Mississippi border near Natchez, Mississippi, to Gulfport,
Mississippi, shall generally follow—
‘‘(A) United States Route 84 from the Louisiana border
at the Mississippi River passing in the vicinity of Natchez,

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PUBLIC LAW 117–58—NOV. 15, 2021

135 STAT. 597

Brookhaven, Monticello, Prentiss, and Collins, Mississippi,
to the logical terminus with Interstate Route 59 in the
vicinity of Laurel, Mississippi, and continuing on Interstate
Route 59 south to the vicinity of Hattiesburg, Mississippi;
and
‘‘(B) United States Route 49 from the vicinity of
Hattiesburg, Mississippi, south to Interstate Route 10 in
the vicinity of Gulfport, Mississippi, following Mississippi
Route 601 south and terminating near the Mississippi State
Port at Gulfport.
‘‘(94) The Kosciusko to Gulf Coast corridor commencing
at the logical terminus of Interstate Route 55 near Vaiden,
Mississippi, running south and passing east of the vicinity
of the Jackson Urbanized Area, connecting to United States
Route 49 north of Hattiesburg, Mississippi, and generally following United States Route 49 to a logical connection with
Interstate Route 10 in the vicinity of Gulfport, Mississippi.
‘‘(95) The Interstate Route 22 spur from the vicinity of
Tupelo, Mississippi, running south generally along United
States Route 45 to the vicinity of Shannon, Mississippi.
‘‘(96) The route that generally follows United States Route
412 from its intersection with Interstate Route 35 in Noble
County, Oklahoma, passing through Tulsa, Oklahoma, to its
intersection with Interstate Route 49 in Springdale, Arkansas.
‘‘(97) The Louie B. Nunn Cumberland Expressway from
the interchange with Interstate Route 65 in Barren County,
Kentucky, east to the interchange with United States Highway
27 in Somerset, Kentucky.
‘‘(98) The route that generally follows State Route 7 from
Grenada, Mississippi, to Holly Springs, Mississippi, passing
in the vicinity of Coffeeville, Water Valley, Oxford, and Abbeville, Mississippi, to its logical connection with Interstate Route
22 in the vicinity of Holly Springs, Mississippi.
‘‘(99) The Central Louisiana Corridor commencing at the
logical terminus of Louisiana Highway 8 at the Sabine River
Bridge at Burrs Crossing and generally following portions of
Louisiana Highway 8 to Leesville, Louisiana, and then eastward
on Louisiana Highway 28, passing in the vicinity of Alexandria,
Pineville, Walters, and Archie, to the logical terminus of United
States Route 84 at the Mississippi River Bridge at Vidalia,
Louisiana.
‘‘(100) The Central Mississippi Corridor, including the
route—
‘‘(A) commencing at the logical terminus of United
States Route 84 at the Mississippi River and then generally
following portions of United States Route 84 passing in
the vicinity of Natchez, Brookhaven, Monticello, Prentiss,
and Collins, to Interstate Route 59 in the vicinity of Laurel,
Mississippi, and continuing on Interstate Route 59 north
to Interstate Route 20 and on Interstate Route 20 to the
Mississippi–Alabama State border; and
‘‘(B) commencing in the vicinity of Laurel, Mississippi,
running south on Interstate Route 59 to United States
Route 98 in the vicinity of Hattiesburg, connecting to
United States Route 49 south then following United States
Route 49 south to Interstate Route 10 in the vicinity of

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135 STAT. 598

PUBLIC LAW 117–58—NOV. 15, 2021

Gulfport and following Mississippi Route 601 southerly
terminating near the Mississippi State Port at Gulfport.
‘‘(101) The Middle Alabama Corridor including the route—
‘‘(A) beginning at the Alabama–Mississippi border generally following portions of I–20 until following a new interstate extension paralleling United States Highway 80,
specifically—
‘‘(B) crossing Alabama Route 28 near Coatopa, Alabama, traveling eastward crossing United States Highway
43 and Alabama Route 69 near Selma, Alabama, traveling
eastwards closely paralleling United States Highway 80
to the south crossing over Alabama Routes 22, 41, and
21, until its intersection with I–65 near Hope Hull, Alabama;
‘‘(C) continuing east along the proposed Montgomery
Outer Loop south of Montgomery, Alabama where it would
next join with I–85 east of Montgomery, Alabama;
‘‘(D) continuing along I–85 east bound until its intersection with United States Highway 280 near Opelika, Alabama or United States Highway 80 near Tuskegee, Alabama;
‘‘(E) generally following the most expedient route until
intersecting with existing United States Highway 80 (JR
Allen Parkway) through Phenix City until continuing into
Columbus, Georgia.
‘‘(102) The Middle Georgia Corridor including the route—
‘‘(A) beginning at the Alabama–Georgia Border generally following the Fall Line Freeway from Columbus,
Georgia to Augusta, Georgia, specifically—
‘‘(B) travelling along United States Route 80 (JR Allen
Parkway) through Columbus, Georgia and near Fort
Benning, Georgia, east to Talbot County, Georgia where
it would follow Georgia Route 96, then commencing on
Georgia Route 49C (Fort Valley Bypass) to Georgia Route
49 (Peach Parkway) to its intersection with Interstate
Route 75 in Byron, Georgia;
‘‘(C) continuing north along Interstate Route 75
through Warner Robins and Macon, Georgia where it would
meet Interstate Route 16, then following Interstate Route
16 east it would next join United States Route 80 and
then onto State Route 57;
‘‘(D) commencing with State Route 57 which turns
into State Route 24 near Milledgeville, Georgia would then
bypass Wrens, Georgia with a newly constructed bypass,
and after the bypass it would join United States Route
1 near Fort Gordon into Augusta, Georgia where it will
terminate at Interstate Route 520.’’.
AS
FUTURE
INTERSTATES.—Section
(b)
DESIGNATION
1105(e)(5)(A) of the Intermodal Surface Transportation Efficiency
Act of 1991 (Public Law 102–240; 109 Stat. 597; 133 Stat. 3018)
is amended in the first sentence—
(1) by inserting ‘‘subsection (c)(84),’’ after ‘‘subsection
(c)(83),’’; and
(2) by striking ‘‘and subsection (c)(91)’’ and inserting ‘‘subsection (c)(91), subsection (c)(92), subsection (c)(93)(A), subsection (c)(94), subsection (c)(95), subsection (c)(96), subsection

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PUBLIC LAW 117–58—NOV. 15, 2021

135 STAT. 599

(c)(97), subsection (c)(99), subsection (c)(100), subsection
(c)(101), and subsection (c)(102)’’.
(c) NUMBERING OF PARKWAY.—Section 1105(e)(5)(C)(i) of the
Intermodal Surface Transportation Efficiency Act of 1991 (Public
Law 102–240; 109 Stat. 598; 133 Stat. 3018) is amended—
(1) by striking the fifteenth sentence and inserting the
following: ‘‘The route referred to in subsection (c)(84)(A) is
designated as Interstate Route I–14 North. The route referred
to in subsection (c)(84)(B) is designated as Interstate Route
I–14 South. The Bryan/College Station, Texas loop referred
to in subsection (c)(84)(C) is designated as Interstate Route
I–214.’’; and
(2) by adding at the end the following: ‘‘The route referred
to in subsection (c)(97) is designated as Interstate Route I–
365. The routes referred to in subsections (c)(84)(C), (c)(99),
(c)(100), (c)(101), and (c)(102) are designated as Interstate Route
I–14. The routes referred to in subparagraphs (D), (E), (F),
and (G) of subsection (c)(84) and subparagraph (B) of subsection
(c)(100) shall each be given separate Interstate route numbers.’’.
(d) GAO REPORT ON DESIGNATION OF SEGMENTS AS PART OF
INTERSTATE SYSTEM.—
(1) DEFINITION OF APPLICABLE SEGMENT.—In this subsection, the term ‘‘applicable segment’’ means the route
described in paragraph (92) of section 1105(c) of the Intermodal
Surface Transportation Efficiency Act of 1991 (Public Law 102–
240; 105 Stat. 2032).
(2) REPORT.—
(A) IN GENERAL.—Not later than 2 years after the
date on which the applicable segment is open for operations
as part of the Interstate System, the Comptroller General
of the United States shall submit to Congress a report
on the impact, if any, during that 2-year period of allowing
the continuation of weight limits that applied before the
designation of the applicable segment as a route on the
Interstate System.
(B) REQUIREMENTS.—The report under subparagraph
(A) shall—
(i) be informed by the views and documentation
provided by the State highway agency (or equivalent
agency) in the State in which the applicable segment
is located;
(ii) describe any impacts on safety and infrastructure on the applicable segment;
(iii) describe any view of the State highway agency
(or equivalent agency) in the State in which the
applicable segment is located on the impact of the
applicable segment; and
(iv) focus only on the applicable segment.

Time period.

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SEC. 11515. INTERSTATE WEIGHT LIMITS.

Section 127 of title 23, United States Code, is amended—
(1) in subsection (l)(3)(A)—
(A) in the matter preceding clause (i), in the first
sentence, by striking ‘‘clauses (i) through (iv) of this
subparagraph’’ and inserting ‘‘clauses (i) through (v)’’; and
(B) by adding at the end the following:

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PUBLIC LAW 117–58—NOV. 15, 2021

Kentucky.

‘‘(v) The Louie B. Nunn Cumberland Expressway
(to be designated as a spur of Interstate Route 65)
from the interchange with Interstate Route 65 in
Barren County, Kentucky, east to the interchange with
United States Highway 27 in Somerset, Kentucky.’’;
and
(2) by adding at the end the following:
‘‘(v) OPERATION OF VEHICLES ON CERTAIN NORTH CAROLINA
HIGHWAYS.—If any segment in the State of North Carolina of United
States Route 17, United States Route 29, United States Route
52, United States Route 64, United States Route 70, United States
Route 74, United States Route 117, United States Route 220, United
States Route 264, or United States Route 421 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).
‘‘(w) OPERATION OF VEHICLES ON CERTAIN OKLAHOMA HIGHWAYS.—If any segment of the highway referred to in paragraph
(96) of section 1105(c) of the Intermodal Surface Transportation
Efficiency Act of 1991 (Public Law 102–240; 105 Stat. 2032) 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 any
regard to any requirement under this section.’’.

Evaluations.

SEC. 11516. REPORT ON AIR QUALITY IMPROVEMENTS.

(a) IN GENERAL.—Not later than 3 years after the date of
enactment of this Act, the Comptroller General of the United States
shall submit a report that evaluates the congestion mitigation and
air quality improvement program under section 149 of title 23,
United States Code (referred to in this section as the ‘‘program’’),
to—
(1) the Committee on Environment and Public Works of
the Senate; and
(2) the Committee on Transportation and Infrastructure
of the House of Representatives.
(b) CONTENTS.—The evaluation under subsection (a) shall
include an evaluation of—
(1) the reductions of ozone, carbon monoxide, and particulate matter that result from projects under the program;
(2) the cost-effectiveness of the reductions described in
paragraph (1);
(3) the result of investments of funding under the program
in minority and low-income communities that are disproportionately affected by ozone, carbon monoxide, and particulate
matter;
(4) the effectiveness, with respect to the attainment or
maintenance of national ambient air quality standards under
section 109 of the Clean Air Act (42 U.S.C. 7409) for ozone,
carbon monoxide, and particulate matter, of performance measures established under section 150(c)(5) of title 23, United
States Code, and performance targets established under subsection (d) of that section for traffic congestion and on-road
mobile source emissions;
(5) the extent to which there are any types of projects
that are not eligible funding under the program that would

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135 STAT. 601

be likely to contribute to the attainment or maintenance of
the national ambient air quality standards described in paragraph (4); and
(6) the extent to which projects under the program reduce
sulfur dioxide, nitrogen dioxide, and lead.
SEC. 11517. ROADSIDE HIGHWAY SAFETY HARDWARE.

23 USC 109 note.

(a) IN GENERAL.—To the maximum extent practicable, the Secretary shall develop a process for third party verification of fullscale crash testing results from crash test labs, including a method
for formally verifying the testing outcomes and providing for an
independent pass/fail determination. In establishing such a process,
the Secretary shall seek to ensure the independence of crash test
labs by ensuring that those labs have a clear separation between
device development and testing in cases in which lab employees
test devices that were developed within the parent organization
of the employee.
(b) CONTINUED ISSUANCE OF ELIGIBILITY LETTERS.—Until the
implementation of the process described in subsection (a) is complete, the Secretary may, and is encouraged to, ensure that the
Administrator of the Federal Highway Administration continues
to issue Federal-aid reimbursement eligibility letters for roadside
safety hardware as a service to States.
(c) REPORT TO CONGRESS.—
(1) IN GENERAL.—If the Secretary seeks to discontinue
issuing the letters described in subsection (b), 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 report
at least 1 year before discontinuing the letters.
(2) INCLUSIONS.—The report described in paragraph (1)
shall include a summary of the third-party verification process
described in subsection (a) that will replace the Federal Highway Administration issuance of eligibility letters and any other
relevant information that the Secretary deems necessary.

Verification.
Determination.

Time period.

Summary.

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SEC. 11518. PERMEABLE PAVEMENTS STUDY.

(a) IN GENERAL.—Not later than 1 year after the date of enactment of this Act, the Secretary shall carry out a study—
(1) to gather existing information on the effects of permeable pavements on flood control in different contexts,
including in urban areas, and over the lifetime of the permeable
pavement;
(2) to perform research to fill gaps in the existing information gathered under paragraph (1); and
(3) to develop—
(A) models for the performance of permeable pavements
in flood control; and
(B) best practices for designing permeable pavement
to meet flood control requirements.
(b) DATA SURVEY.—In carrying out the study under subsection
(a), the Secretary shall develop—
(1) a summary, based on available literature and models,
of localized flood control capabilities of permeable pavement
that considers long-term performance and cost information;
and

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Deadline.

Summary.

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135 STAT. 602

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Public
information.

(2) best practices for the design of localized flood control
using permeable pavement that considers long-term performance and cost information.
(c) PUBLICATION.—The Secretary shall make a report describing
the results of the study under subsection (a) publicly available.

23 USC 125 note.

SEC. 11519. EMERGENCY RELIEF PROJECTS.

(a) DEFINITION OF EMERGENCY RELIEF PROJECT.—In this section, the term ‘‘emergency relief project’’ means a project carried
out under the emergency relief program under section 125 of title
23, United States Code.
(b) IMPROVING THE EMERGENCY RELIEF PROGRAM.—Not later
than 90 days after the date of enactment of this Act, the Secretary
shall—
(1) revise the emergency relief manual of the Federal Highway Administration—
(A) to include and reflect the definition of the term
‘‘resilience’’ (as defined in section 101(a) of title 23, United
States Code);
(B) to identify procedures that States may use to incorporate resilience into emergency relief projects; and
(C) to encourage the use of Complete Streets design
principles and consideration of access for moderate- and
low-income families impacted by a declared disaster;
(2) develop best practices for improving the use of resilience
in—
(A) the emergency relief program under section 125
of title 23, United States Code; and
(B) emergency relief efforts;
(3) provide to division offices of the Federal Highway
Administration and State departments of transportation
information on the best practices developed under paragraph
(2); and
(4) develop and implement a process to track—
(A) the consideration of resilience as part of the emergency relief program under section 125 of title 23, United
States Code; and
(B) the costs of emergency relief projects.

Deadline.

Revision.

Procedures.

SEC. 11520. STUDY ON STORMWATER BEST MANAGEMENT PRACTICES.
Deadline.
Contracts.

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Estimate.

Recommendations.
Regulations.
Determination.

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(a) STUDY.—Not later than 180 days after the date of enactment
of this Act, the Secretary and the Administrator of the Environment
Protection Agency shall offer to enter into an agreement with the
Transportation Research Board of the National Academy of Sciences
to conduct a study—
(1) to estimate pollutant loads from stormwater runoff from
highways and pedestrian facilities eligible for assistance under
title 23, United States Code, to inform the development of
appropriate total maximum daily load (as defined in section
130.2 of title 40, Code of Federal Regulations (or successor
regulations)) requirements;
(2) to provide recommendations regarding the evaluation
and selection by State departments of transportation of potential stormwater management and total maximum daily load
compliance strategies within a watershed, including environmental restoration and pollution abatement carried out under

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section 328 of title 23, United States Code (including any revisions to law (including regulations) that the Transportation
Research Board determines to be appropriate); and
(3) to examine the potential for the Secretary to assist
State departments of transportation in carrying out and
communicating stormwater management practices for highways
and pedestrian facilities that are eligible for assistance under
title 23, United States Code, through information-sharing
agreements, database assistance, or an administrative platform
to provide the information described in paragraphs (1) and
(2) to entities issued permits under the Federal Water Pollution
Control Act (33 U.S.C. 1251 et seq.).
(b) REQUIREMENTS.—If the Transportation Research Board
enters into an agreement under subsection (a), in conducting the
study under that subsection, the Transportation Research Board
shall—
(1) review and supplement, as appropriate, the methodologies examined and recommended in the report of the National
Academies of Sciences, Engineering, and Medicine entitled
‘‘Approaches for Determining and Complying with TMDL
Requirements Related to Roadway Stormwater Runoff’’ and
dated 2019;
(2) consult with—
(A) the Secretary;
(B) the Administrator of the Environmental Protection
Agency;
(C) the Secretary of the Army, acting through the
Chief of Engineers; and
(D) State departments of transportation; and
(3) solicit input from—
(A) stakeholders with experience in implementing
stormwater management practices for projects; and
(B) educational and technical stormwater management
groups.
(c) REPORT.—If the Transportation Research Board enters into
an agreement under subsection (a), not later than 18 months after
the date of enactment of this Act, the Transportation Research
Board shall submit to the Secretary, 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 results of the study.

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SEC. 11521. STORMWATER BEST MANAGEMENT PRACTICES REPORTS.

(a) DEFINITIONS.—In this section:
(1) ADMINISTRATOR.—The term ‘‘Administrator’’ means the
Administrator of the Federal Highway Administration.
(2) BEST MANAGEMENT PRACTICES REPORT.—The term ‘‘best
management practices report’’ means—
(A) the 2014 report sponsored by the Administrator
entitled ‘‘Determining the State of the Practice in Data
Collection and Performance Measurement of Stormwater
Best Management Practices’’; and
(B) the 1997 report sponsored by the Administrator
entitled ‘‘Stormwater Best Management Practices in an
Ultra-Urban Setting: Selection and Monitoring’’.
(b) REISSUANCE.—Not later than 1 year after the date of enactment of this Act, the Administrator shall update and reissue each

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Examination.

Review.

Consultation.

23 USC 109 note.

Update.

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best management practices report to reflect new information and
advancements in stormwater management.
(c) UPDATES.—Not less frequently than once every 5 years
after the date on which the Administrator reissues a best management practices report described in subsection (b), the Administrator
shall update and reissue the best management practices report
until the earlier of the date on which—
(1) the best management practices report is withdrawn;
or
(2) the contents of the best management practices report
are incorporated (including by reference) into applicable regulations of the Administrator.
23 USC 329 note.

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Grants.

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SEC. 11522. INVASIVE PLANT ELIMINATION PROGRAM.

(a) DEFINITIONS.—In this section:
(1) INVASIVE PLANT.—The term ‘‘invasive plant’’ means a
nonnative plant, tree, grass, or weed species, including, at
a minimum, cheatgrass, Ventenata dubia, medusahead, bulbous
bluegrass, Japanese brome, rattail fescue, Japanese honeysuckle, phragmites, autumn olive, Bradford pear, wild parsnip,
sericea lespedeza, spotted knapweed, garlic mustard, and
palmer amaranth.
(2) PROGRAM.—The term ‘‘program’’ means the grant program established under subsection (b).
(3) TRANSPORTATION CORRIDOR.—The term ‘‘transportation
corridor’’ means a road, highway, railroad, or other surface
transportation route.
(b) ESTABLISHMENT.—The Secretary shall carry out a program
to provide grants to States to eliminate or control existing invasive
plants or prevent introduction of or encroachment by new invasive
plants along and in areas adjacent to transportation corridor rightsof-way.
(c) APPLICATION.—To be eligible to receive a grant under the
program, a State shall submit to the Secretary an application
at such time, in such manner, and containing such information
as the Secretary may require.
(d) ELIGIBLE ACTIVITIES.—
(1) IN GENERAL.—Subject to this subsection, a State that
receives a grant under the program may use the grant funds
to carry out activities to eliminate or control existing invasive
plants or prevent introduction of or encroachment by new
invasive plants along and in areas adjacent to transportation
corridor rights-of-way.
(2) PRIORITIZATION OF PROJECTS.—In carrying out the program, the Secretary shall give priority to projects that utilize
revegetation with native plants and wildflowers, including those
that are pollinator-friendly.
(3) PROHIBITION ON CERTAIN USES OF FUNDS.—Amounts
provided to a State under the program may not be used for
costs relating to mowing a transportation corridor right-ofway or the adjacent area unless—
(A) mowing is identified as the best means of treatment
according to best management practices; or
(B) mowing is used in conjunction with another treatment.

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(4) LIMITATION.—Not more than 10 percent of the amounts
provided to a State under the program may be used for the
purchase of equipment.
(5) ADMINISTRATIVE AND INDIRECT COSTS.—Not more than
5 percent of the amounts provided to a State under the program
may be used for the administrative and other indirect costs
(such as full time employee salaries, rent, insurance, subscriptions, utilities, and office supplies) of carrying out eligible activities.
(e) REQUIREMENTS.—
(1) COORDINATION.—In carrying out eligible activities with
a grant under the program, a State shall coordinate with—
(A) units of local government, political subdivisions
of the State, and Tribal authorities that are carrying out
eligible activities in the areas to be treated;
(B) local regulatory authorities, in the case of a treatment along or adjacent to a railroad right-of-way; and
(C) with respect to the most effective roadside control
methods, State and Federal land management agencies
and any relevant Tribal authorities.
(2) ANNUAL REPORT.—Not later than 1 year after the date
on which a State receives a grant under the program, and
annually thereafter, that State shall provide to the Secretary
an annual report on the treatments carried out using funds
from the grant.
(f) FEDERAL SHARE.—
(1) IN GENERAL.—The Federal share of the cost of an
eligible activity carried out using funds from a grant under
the program shall be—
(A) in the case of a project that utilizes revegetation
with native plants and wildflowers, including those that
are pollinator-friendly, 75 percent; and
(B) in the case of any other project not described in
subparagraph (A), 50 percent.
(2) CERTAIN FUNDS COUNTED TOWARD NON-FEDERAL
SHARE.—A State may include amounts expended by the State
or a unit of local government in the State to address current
invasive plant populations and prevent future infestation along
or in areas adjacent to transportation corridor rights-of-way
in calculating the non-Federal share required under the program.
(g) FUNDING.—There is authorized to be appropriated to carry
out the program $50,000,000 for each of fiscal years 2022 through
2026.

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SEC. 11523. OVER-THE-ROAD BUS TOLLING EQUITY.

Section 129(a) of title 23, United States Code, is amended—
(1) in paragraph (3)(B)(i), by inserting ‘‘, together with
the results of the audit under paragraph (9)(C),’’ after ‘‘the
audits’’; and
(2) in paragraph (9)—
(A) by striking ‘‘An over-the-road’’ and inserting the
following:
‘‘(A) IN GENERAL.—An over-the-road’’;
(B) in subparagraph (A) (as so designated), by striking
‘‘public transportation buses’’ and inserting ‘‘public
transportation vehicles’’; and

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(C) by adding at the end the following:
‘‘(B) REPORTS.—
‘‘(i) IN GENERAL.—Not later than 90 days after
the date of enactment of this subparagraph, a public
authority that operates a toll facility shall report to
the Secretary any rates, terms, or conditions for access
to the toll facility by public transportation vehicles
that differ from the rates, terms, or conditions
applicable to over-the-road buses.
‘‘(ii) UPDATES.—A public authority that operates
a toll facility shall report to the Secretary any change
to the rates, terms, or conditions for access to the
toll facility by public transportation vehicles that differ
from the rates, terms, or conditions applicable to overthe-road buses by not later than 30 days after the
date on which the change takes effect.
‘‘(iii) PUBLICATION.—The Secretary shall publish
information reported to the Secretary under clauses
(i) and (ii) on a publicly accessible internet website.
‘‘(C) ANNUAL AUDIT.—
‘‘(i) IN GENERAL.—A public authority (as defined
in section 101(a)) with jurisdiction over a toll facility
shall—
‘‘(I) conduct or have an independent auditor
conduct an annual audit of toll facility records
to verify compliance with this paragraph; and
‘‘(II) report the results of the audit, together
with the results of the audit under paragraph
(3)(B), to the Secretary.
‘‘(ii) RECORDS.—After providing reasonable notice,
a public authority described in clause (i) shall make
all records of the public authority pertaining to the
toll facility available for audit by the Secretary.
‘‘(iii) NONCOMPLIANCE.—If the Secretary determines that a public authority described in clause (i)
has not complied with this paragraph, the Secretary
may require the public authority to discontinue collecting tolls until an agreement with the Secretary
is reached to achieve compliance.’’.

Public
information.
Web posting.

Reports.

Notice.

Determination.

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SEC. 11524. BRIDGE TERMINOLOGY.

(a) CONDITION OF NHS BRIDGES.—Section 119(f)(2) of title 23,
United States Code, is amended by striking ‘‘structurally deficient’’
each place it appears and inserting ‘‘in poor condition’’.
(b) NATIONAL BRIDGE AND TUNNEL INVENTORIES.—Section
144(b)(5) of title 23, United States Code, is amended by striking
‘‘structurally deficient bridge’’ and inserting ‘‘bridge classified as
in poor condition’’.
(c) TRIBAL TRANSPORTATION FACILITY BRIDGES.—Section 202(d)
of title 23, United States Code, is amended—
(1) in paragraph (1), by striking ‘‘deficient bridges eligible
for the tribal transportation program’’ and inserting ‘‘bridges
eligible for the tribal transportation program classified as in
poor condition, having low load capacity, or needing geometric
improvements’’; and
(2) in paragraph (3)(C), by striking ‘‘structurally deficient
or functionally obsolete’’ and inserting ‘‘classified as in poor

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condition, having a low load capacity, or needing geometric
improvements’’.

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SEC. 11525. TECHNICAL CORRECTIONS.

(a) Section 101(b)(1) of title 23, United States Code, is amended
by inserting ‘‘Highways’’ after ‘‘and Defense’’.
(b) Section 104(f)(3) of title 23, United States Code, is
amended—
(1) in the paragraph heading, by striking ‘‘FEDERAL HIGHWAY ADMINISTRATION’’ and inserting ‘‘AN OPERATING ADMINISTRATION OF THE DEPARTMENT OF TRANSPORTATION’’; and
(2) in subparagraph (A), by striking ‘‘the Federal Highway
Administration’’ and inserting ‘‘an operating administration of
the Department of Transportation’’.
(c) Section 108(c)(3)(F) of title 23, United States Code, is
amended—
(1) by inserting ‘‘of 1969 (42 U.S.C. 4321 et seq.)’’ after
‘‘Policy Act’’; and
(2) by striking ‘‘this Act’’ and inserting ‘‘this title’’.
(d) Section 112(b)(2) of title 23, United States Code, is amended
by striking ‘‘(F) (F) Subparagraphs’’ and inserting the following:
‘‘(F) EXCLUSION.—Subparagraphs’’.
(e) Section 115(c) of title 23, United States Code, is amended
by striking ‘‘section 135(f)’’ and inserting ‘‘section 135(g)’’.
(f) Section 130(g) of title 23, United States Code, is amended—
(1) in the third sentence—
(A) by striking ‘‘and Transportation,’’ and inserting
‘‘and Transportation’’; and
(B) by striking ‘‘thereafter,,’’ and inserting ‘‘thereafter,’’;
and
(2) in the fifth sentence, by striking ‘‘railroad highway’’
and inserting ‘‘railway-highway’’.
(g) Section 135(g) of title 23, United States Code, is amended—
(1) in paragraph (3), by striking ‘‘operators),,’’ and inserting
‘‘operators),’’; and
(2) in paragraph (6)(B), by striking ‘‘5310, 5311, 5316,
and 5317’’ and inserting ‘‘5310 and 5311’’.
(h) Section 139 of title 23, United States Code (as amended
by section 11301), is amended—
(1) in subsection (b)(1), by inserting ‘‘(42 U.S.C. 4321 et
seq.)’’ after ‘‘of 1969’’;
(2) in subsection (c), by inserting ‘‘(42 U.S.C. 4321 et seq.)’’
after ‘‘of 1969’’ each place it appears; and
(3) in subsection (k)(2), by inserting ‘‘(42 U.S.C. 4321 et
seq.)’’ after ‘‘of 1969’’.
(i) Section 140(a) of title 23, United States Code, is amended,
in the third sentence, by inserting a comma after ‘‘Secretary’’.
(j) Section 148(i)(2)(D) of title 23, United States Code, is
amended by striking ‘‘safety safety’’ and inserting ‘‘safety’’.
(k) Section 166(a)(1) of title 23, United States Code, is amended
by striking the paragraph designation and heading and all that
follows through ‘‘A public authority’’ and inserting the following:
‘‘(1) AUTHORITY OF PUBLIC AUTHORITIES.—A public
authority’’.
(l) Section 201(c)(6)(A)(ii) of title 23, United States Code, is
amended by striking ‘‘(25 U.S.C. 450 et seq.)’’ and inserting ‘‘(25
U.S.C. 5301 et seq.)’’.

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Repeal.

23 USC 301 prec.

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(m) Section 202 of title 23, United States Code, is amended—
(1) by striking ‘‘(25 U.S.C. 450 et seq.)’’ each place it
appears and inserting ‘‘(25 U.S.C. 5301 et seq.)’’;
(2) in subsection (a)(10)(B), by striking ‘‘(25 U.S.C. 450e(b))’’
and inserting ‘‘(25 U.S.C. 5307(b))’’; and
(3) in subsection (b)(5), in the matter preceding subparagraph (A), by inserting ‘‘the’’ after ‘‘agreement under’’.
(n) Section 206(d)(2)(G) of title 23, United States Code, is
amended by striking ‘‘use of recreational trails’’ and inserting ‘‘uses
of recreational trails’’.
(o) Section 207 of title 23, United States Code, is amended—
(1) in subsection (g)—
(A) by striking ‘‘(25 U.S.C. 450j–1)’’ and inserting ‘‘(25
U.S.C. 5325)’’; and
(B) by striking ‘‘(25 U.S.C. 450j–1(f))’’ and inserting
‘‘(25 U.S.C. 5325(f))’’;
(2) in subsection (l)—
(A) in paragraph (1), by striking ‘‘(25 U.S.C. 458aaa–
5)’’ and inserting ‘‘(25 U.S.C. 5386)’’;
(B) in paragraph (2), by striking ‘‘(25 U.S.C. 458aaa–
6)’’ and inserting ‘‘(25 U.S.C. 5387)’’;
(C) in paragraph (3), by striking ‘‘(25 U.S.C. 458aaa–
7)’’ and inserting ‘‘(25 U.S.C. 5388)’’;
(D) in paragraph (4), by striking ‘‘(25 U.S.C. 458aaa–
9)’’ and inserting ‘‘(25 U.S.C. 5390)’’;
(E) in paragraph (5), by striking ‘‘(25 U.S.C. 458aaa–
10)’’ and inserting ‘‘(25 U.S.C. 5391)’’;
(F) in paragraph (6), by striking ‘‘(25 U.S.C. 458aaa–
11)’’ and inserting ‘‘(25 U.S.C. 5392)’’;
(G) in paragraph (7), by striking ‘‘(25 U.S.C. 458aaa–
14)’’ and inserting ‘‘(25 U.S.C. 5395)’’;
(H) in paragraph (8), by striking ‘‘(25 U.S.C. 458aaa–
15)’’ and inserting ‘‘(25 U.S.C. 5396)’’; and
(I) in paragraph (9), by striking ‘‘(25 U.S.C. 458aaa–
17)’’ and inserting ‘‘(25 U.S.C. 5398)’’; and
(3) in subsection (m)(2)—
(A) by striking ‘‘505’’ and inserting ‘‘501’’; and
(B) by striking ‘‘(25 U.S.C. 450b; 458aaa)’’ and inserting
‘‘(25 U.S.C. 5304; 5381)’’.
(p) Section 217(d) of title 23, United States Code, is amended
by striking ‘‘104(b)(3)’’ and inserting ‘‘104(b)(4)’’.
(q) Section 323(d) of title 23, United States Code, is amended
in the matter preceding paragraph (1), in the second sentence,
by inserting ‘‘(42 U.S.C. 4321 et seq.)’’ after ‘‘of 1969’’.
(r) Section 325 of title 23, United States Code, is repealed.
(s) Section 504(g)(6) of title 23, United States Code, is amended
by striking ‘‘make grants or to’’ and inserting ‘‘make grants to’’.
(t) The analysis for chapter 3 of title 23, United States Code,
is amended by striking the item relating to section 325.

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SEC. 11526. WORKING GROUP ON COVERED RESOURCES.

(a) DEFINITIONS.—In this section:
(1) COVERED RESOURCE.—The term ‘‘covered resource’’
means a common variety material used in transportation infrastructure construction and maintenance, including stone, sand,
and gravel.

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135 STAT. 609

(2) STATE.—The term ‘‘State’’ means each of the several
States, the District of Columbia, and each territory or possession of the United States.
(3) WORKING GROUP.—The term ‘‘Working Group’’ means
the working group established under subsection (b).
(b) ESTABLISHMENT.—Not later than 120 days after the date
of enactment of this Act, the Secretary shall establish a working
group to conduct a study on access to covered resources for infrastructure projects.
(c) MEMBERSHIP.—
(1) APPOINTMENT.—The Secretary shall appoint to the
Working Group individuals with knowledge and expertise in
the production and transportation of covered resources.
(2) REPRESENTATION.—The Working Group shall include
not less than 1 representative of each of the following:
(A) State departments of transportation.
(B) State agencies associated with covered resources
protection.
(C) State planning and geologic survey and mapping
agencies.
(D) Commercial motor vehicle operators, including
small business operators and operators who transport covered resources.
(E) Covered resources producers.
(F) Construction contractors.
(G) Labor organizations.
(H) Metropolitan planning organizations and regional
planning organizations.
(I) Indian Tribes, including Tribal elected leadership
or Tribal transportation officials.
(J) Any other stakeholders that the Secretary determines appropriate.
(3) TERMINATION.—The Working Group shall terminate 180
days after the date on which the Secretary receives the report
under subsection (f)(1).
(d) DUTIES.—In carrying out the study required under subsection (b), the Working Group shall analyze—
(1) the use of covered resources in transportation projects
funded with Federal dollars;
(2) how the proximity of covered resources to such projects
affects the cost and environmental impact of those projects;
(3) whether and how State, Tribal, and local transportation
and planning agencies consider covered resources when developing transportation projects; and
(4) any challenges for transportation project sponsors
regarding access and proximity to covered resources.
(e) CONSULTATION.—In carrying out the study required under
subsection (b), the Working Group shall consult with, as appropriate—
(1) chief executive officers of States;
(2) State, Tribal, and local transportation and planning
agencies;
(3) other relevant State, Tribal, and local agencies,
including State agencies associated with covered resources
protection;
(4) members of the public with industry experience with
respect to covered resources;

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Study.

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(5) other Federal entities that provide funding for transportation projects; and
(6) any other stakeholder the Working Group determines
appropriate.
(f) REPORTS.—
(1) WORKING GROUP REPORT.—Not later than 2 years after
the date on which the Working Group is established, the
Working Group shall submit to the Secretary a report that
includes—
(A) the findings of the study required under subsection
(b), including a summary of comments received during
the consultation process under subsection (e); and
(B) any recommendations to preserve access to and
reduce the costs and environmental impacts of covered
resources for infrastructure projects.
(2) DEPARTMENTAL REPORT.—Not later than 90 days after
the date on which the Secretary receives the report under
paragraph (1), the Secretary shall submit to the Committee
on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public
Works of the Senate a summary of the findings under the
report and any recommendations, as appropriate.

Summaries.
Recommendations.

SEC. 11527. BLOOD TRANSPORT VEHICLES.

Section 166(b) of title 23, United States Code, is amended
by adding at the end the following:
‘‘(6) BLOOD TRANSPORT VEHICLES.—The public authority
may allow blood transport vehicles that are transporting blood
between a collection point and a hospital or storage center
to use the HOV facility if the public authority establishes
requirements for clearly identifying such vehicles.’’.
SEC. 11528. POLLINATOR-FRIENDLY PRACTICES ON ROADSIDES AND
HIGHWAY RIGHTS-OF-WAY.

(a) IN GENERAL.—Chapter 3 of title 23, United States Code
(as amended by section 11309(a)), is amended by adding at the
end the following:
23 USC 332.

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Grants.

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‘‘§ 332. Pollinator-friendly practices on roadsides and highway rights-of-way
‘‘(a) IN GENERAL.—The Secretary shall establish a program
to provide grants to eligible entities to carry out activities to benefit
pollinators on roadsides and highway rights-of-way, including the
planting and seeding of native, locally-appropriate grasses and
wildflowers, including milkweed.
‘‘(b) ELIGIBLE ENTITIES.—An entity eligible to receive a grant
under this section is—
‘‘(1) a State department of transportation;
‘‘(2) an Indian tribe; or
‘‘(3) a Federal land management agency.
‘‘(c) APPLICATION.—To be eligible to receive a grant under this
section, an eligible entity shall submit to the Secretary an application at such time, in such manner, and containing such information
as the Secretary may require, including a pollinator-friendly practices plan described in subsection (d).
‘‘(d) POLLINATOR-FRIENDLY PRACTICES PLAN.—

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PUBLIC LAW 117–58—NOV. 15, 2021

135 STAT. 611

‘‘(1) IN GENERAL.—An eligible entity shall include in the
application under subsection (c) a plan that describes the pollinator-friendly practices that the eligible entity has implemented
or plans to implement, including—
‘‘(A) practices relating to mowing strategies that promote early successional vegetation and limit disturbance
during periods of highest use by target pollinator species
on roadsides and highway rights-of-way, such as—
‘‘(i) reducing the mowing swath outside of the
State-designated safety zone;
‘‘(ii) increasing the mowing height;
‘‘(iii) reducing the mowing frequency;
‘‘(iv) refraining from mowing monarch and other
pollinator habitat during periods in which monarchs
or other pollinators are present;
‘‘(v) use of a flushing bar and cutting at reduced
speeds to reduce pollinator deaths due to mowing; or
‘‘(vi) reducing raking along roadsides and highway
rights-of-way;
‘‘(B) implementation of an integrated vegetation
management plan that includes approaches such as
mechanical tree and brush removal, targeted and judicious
use of herbicides, and mowing, to address weed issues
on roadsides and highway rights-of-way;
‘‘(C) planting or seeding of native, locally-appropriate
grasses and wildflowers, including milkweed, on roadsides
and highway rights-of-way to enhance pollinator habitat,
including larval host plants;
‘‘(D) removing nonnative grasses from planting and
seeding mixes, except for use as nurse or cover crops;
‘‘(E) obtaining expert training or assistance on pollinator-friendly practices, including—
‘‘(i) native plant identification;
‘‘(ii) establishment and management of locallyappropriate native plants that benefit pollinators;
‘‘(iii) land management practices that benefit pollinators; and
‘‘(iv) pollinator-focused integrated vegetation
management; or
‘‘(F) any other pollinator-friendly practices the Secretary determines to be appropriate.
‘‘(2) COORDINATION.—In developing a plan under paragraph
(1), an eligible entity that is a State department of transportation or a Federal land management agency shall coordinate
with applicable State agencies, including State agencies with
jurisdiction over agriculture and fish and wildlife.
‘‘(3) CONSULTATION.—In developing a plan under paragraph
(1)—
‘‘(A) an eligible entity that is a State department of
transportation or a Federal land management agency shall
consult with affected or interested Indian tribes; and
‘‘(B) any eligible entity may consult with nonprofit
organizations, institutions of higher education, metropolitan planning organizations, and any other relevant entities.
‘‘(e) AWARD OF GRANTS.—

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Determination.

Time periods.

23 USC 301 prec.

PUBLIC LAW 117–58—NOV. 15, 2021

‘‘(1) IN GENERAL.—The Secretary shall provide a grant to
each eligible entity that submits an application under subsection (c), including a plan under subsection (d), that the
Secretary determines to be satisfactory.
‘‘(2) AMOUNT OF GRANTS.—The amount of a grant under
this section—
‘‘(A) shall be based on the number of pollinator-friendly
practices the eligible entity has implemented or plans to
implement; and
‘‘(B) shall not exceed $150,000.
‘‘(f) USE OF FUNDS.—An eligible entity that receives a grant
under this section shall use the funds for the implementation,
improvement, or further development of the plan under subsection
(d).
‘‘(g) FEDERAL SHARE.—The Federal share of the cost of an
activity carried out with a grant under this section shall be 100
percent.
‘‘(h) BEST PRACTICES.—The Secretary shall develop and make
available to eligible entities best practices for, and a priority ranking
of, pollinator-friendly practices on roadsides and highway rightsof-way.
‘‘(i) TECHNICAL ASSISTANCE.—On request of an eligible entity
that receives a grant under this section, the Secretary shall provide
technical assistance with the implementation, improvement, or further development of a plan under subsection (d).
‘‘(j) ADMINISTRATIVE COSTS.—For each fiscal year, the Secretary
may use not more than 2 percent of the amounts made available
to carry out this section for the administrative costs of carrying
out this section.
‘‘(k) REPORT.—Not later than 1 year after the date on which
the first grant is provided under this section, 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 report on the implementation
of the program under this section.
‘‘(l) AUTHORIZATION OF APPROPRIATIONS.—
‘‘(1) IN GENERAL.—There is authorized to be appropriated
to carry out this section $2,000,000 for each of fiscal years
2022 through 2026.
‘‘(2) AVAILABILITY.—Amounts made available under this
section shall remain available for a period of 3 years after
the last day of the fiscal year for which the funds are authorized.’’.
(b) CLERICAL AMENDMENT.—The analysis for chapter 3 of title
23, United States Code (as amended by section 11309(b)), is
amended by adding at the end the following:

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‘‘332. Pollinator-friendly practices on roadsides and highway rights-of-way.’’.

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23 USC 217 note.

SEC. 11529. ACTIVE TRANSPORTATION INFRASTRUCTURE INVESTMENT
PROGRAM.

Grants.

(a) IN GENERAL.—Subject to the availability of appropriations,
the Secretary shall carry out an active transportation infrastructure
investment program to make grants, on a competitive basis, to
eligible organizations to construct eligible projects to provide safe
and connected active transportation facilities in an active transportation network or active transportation spine.
(b) APPLICATION.—

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135 STAT. 613

(1) IN GENERAL.—To be eligible to receive a grant under
this section, an eligible organization shall submit to the Secretary an application in such manner and containing such
information as the Secretary may require.
(2) ELIGIBLE PROJECTS PARTIALLY ON FEDERAL LAND.—With
respect to an application for an eligible project that is located
in part on Federal land, an eligible organization shall enter
into a cooperative agreement with the appropriate Federal
agency with jurisdiction over such land to submit an application
described in paragraph (1).
(c) APPLICATION CONSIDERATIONS.—In making a grant for
construction of an active transportation network or active transportation spine under this section, the Secretary shall consider the
following:
(1) Whether the eligible organization submitted a plan
for an eligible project for the development of walking and
bicycling infrastructure that is likely to provide substantial
additional opportunities for walking and bicycling, including
effective plans—
(A) to create an active transportation network connecting destinations within or between communities,
including schools, workplaces, residences, businesses, recreation areas, and other community areas, or create an active
transportation spine connecting two or more communities,
metropolitan regions, or States; and
(B) to integrate active transportation facilities with
transit services, where available, to improve access to
public transportation.
(2) Whether the eligible organization demonstrates broad
community support through—
(A) the use of public input in the development of
transportation plans; and
(B) the commitment of community leaders to the success and timely implementation of an eligible project.
(3) Whether the eligible organization provides evidence of
commitment to traffic safety, regulations, financial incentives,
or community design policies that facilitate significant increases
in walking and bicycling.
(4) The extent to which the eligible organization demonstrates commitment of State, local, or eligible Federal
matching funds, and land or in-kind contributions, in addition
to the local match required under subsection (f)(1), unless the
applicant qualifies for an exception under subsection (f)(2).
(5) The extent to which the eligible organization demonstrates that the grant will address existing disparities in
bicyclist and pedestrian fatality rates based on race or income
level or provide access to jobs and services for low-income
communities and disadvantaged communities.
(6) Whether the eligible organization demonstrates how
investment in active transportation will advance safety for
pedestrians and cyclists, accessibility to jobs and key destinations, economic competitiveness, environmental protection, and
quality of life.
(d) USE OF FUNDS.—
(1) IN GENERAL.—Of the amounts made available to carry
out this section and subject to paragraphs (2) and (3), the
Secretary shall obligate—

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Plans.

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Deadlines.
Federal Register,
publication.

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Contracts.

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(A) not less than 30 percent to eligible projects that
construct active transportation networks that connect
people with public transportation, businesses, workplaces,
schools, residences, recreation areas, and other community
activity centers; and
(B) not less than 30 percent to eligible projects that
construct active transportation spines.
(2) PLANNING AND DESIGN GRANTS.—Each fiscal year, the
Secretary shall set aside not less than $3,000,000 of the funds
made available to carry out this section to provide planning
grants for eligible organizations to develop plans for active
transportation networks and active transportation spines.
(3) ADMINISTRATIVE COSTS.—Each fiscal year, the Secretary
shall set aside not more than $2,000,000 of the funds made
available to carry out this section to cover the costs of administration, research, technical assistance, communications, and
training activities under the program.
(4) LIMITATION ON STATUTORY CONSTRUCTION.—Nothing in
this subsection prohibits an eligible organization from receiving
research or other funds under title 23 or 49, United States
Code.
(e) GRANT TIMING.—
(1) REQUEST FOR APPLICATION.—Not later than 30 days
after funds are made available to carry out this section for
a fiscal year, the Secretary shall publish in the Federal Register
a request for applications for grants under this section for
that fiscal year.
(2) SELECTION OF GRANT RECIPIENTS.—Not later than 150
days after funds are made available to carry out this section
for a fiscal year, the Secretary shall select grant recipients
of grants under this section for that fiscal year.
(f) FEDERAL SHARE.—
(1) IN GENERAL.—Except as provided in paragraph (2), the
Federal share of the cost of an eligible project carried out
using a grant under this section shall not exceed 80 percent
of the total project cost.
(2) EXCEPTION FOR DISADVANTAGED COMMUNITIES.—For
eligible projects serving communities with a poverty rate of
over 40 percent based on the majority of census tracts served
by the eligible project, the Secretary may increase the Federal
share of the cost of the eligible project up to 100 percent
of the total project cost.
(g) ASSISTANCE TO INDIAN TRIBES.—In carrying out this section,
the Secretary may enter into grant agreements, self-determination
contracts, and self-governance compacts under the Indian SelfDetermination and Education Assistance Act (25 U.S.C. 5301 et
seq.) with Indian tribes that are eligible organizations, and such
agreements, contracts, and compacts shall be administered in
accordance with that Act.
(h) REPORTS.—
(1) INTERIM REPORT.—Not later than September 30, 2024,
the Secretary shall submit to Congress a report containing
the information described in paragraph (3).
(2) FINAL REPORT.—Not later than September 30, 2026,
the Secretary shall submit to Congress a report containing
the information described in paragraph (3).

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135 STAT. 615

(3) REPORT INFORMATION.—A report submitted under this
subsection shall contain the following, with respect to the period
covered by the applicable report:
(A) A list of grants made under this section.
(B) Best practices of eligible organizations that receive
grants under this section in implementing eligible projects.
(C) Impediments experienced by eligible organizations
that receive grants under this section in developing and
shifting to active transportation.
(i) RULE REQUIRED.—Not later than 1 year after the date of
enactment of this Act, the Secretary shall issue a final rule that
encourages the use of the programmatic categorical exclusion, expedited procurement techniques, and other best practices to facilitate
productive and timely expenditures for eligible projects that are
small, low-impact, and constructed within an existing built environment.
(j) AUTHORIZATION OF APPROPRIATIONS.—
(1) IN GENERAL.—There is authorized to be appropriated
to the Secretary to carry out this section $200,000,000 for
each of fiscal years 2022 through 2026.
(2) AVAILABILITY.—The amounts made available to carry
out this section shall remain available until expended.
(k) TREATMENT OF PROJECTS.—Notwithstanding any other
provision of law, a project assisted under this section shall be
treated as a project on a Federal-aid highway under chapter 1
of title 23, United States Code.
(l) DEFINITIONS.—In this section:
(1) ACTIVE TRANSPORTATION.—The term ‘‘active transportation’’ means mobility options powered primarily by human
energy, including bicycling and walking.
(2) ACTIVE TRANSPORTATION NETWORK.—The term ‘‘active
transportation network’’ means facilities built for active
transportation, including sidewalks, bikeways, and pedestrian
and bicycle trails, that connect between destinations within
a community or metropolitan region.
(3) ACTIVE TRANSPORTATION SPINE.—The term ‘‘active
transportation spine’’ means facilities built for active transportation, including sidewalks, bikeways, and pedestrian and
bicycle trails that connect between communities, metropolitan
regions, or States.
(4) COMMUNITY.—The term ‘‘community’’ means a
geographic area that is socioeconomically interdependent and
may include rural, suburban, and urban jurisdictions.
(5) ELIGIBLE ORGANIZATION.—The term ‘‘eligible organization’’ means—
(A) a local or regional governmental organization,
including a metropolitan planning organization or regional
planning organization or council;
(B) a multicounty special district;
(C) a State;
(D) a multistate group of governments; or
(E) an Indian tribe.
(6) ELIGIBLE PROJECT.—The term ‘‘eligible project’’ means
an active transportation project or group of projects—
(A) within or between a community or group of communities, at least one of which falls within the jurisdiction

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135 STAT. 616

PUBLIC LAW 117–58—NOV. 15, 2021
of an eligible organization, which has submitted an application under this section; and
(B) that has—
(i) a total cost of not less than $15,000,000; or
(ii) with respect to planning and design grants,
planning and design costs of not less than $100,000.
(7) INDIAN TRIBE.—The term ‘‘Indian tribe’’ has the meaning
given the term in section 4 of the Indian Self-Determination
and Education Assistance Act (25 U.S.C. 5304).
(8) TOTAL PROJECT COST.—The term ‘‘total project cost’’
means the sum total of all costs incurred in the development
of an eligible project that are approved by the Secretary as
reasonable and necessary, including—
(A) the cost of acquiring real property;
(B) the cost of site preparation, demolition, and
development;
(C) expenses related to the issuance of bonds or notes;
(D) fees in connection with the planning, execution,
and financing of the eligible project;
(E) the cost of studies, surveys, plans, permits, insurance, interest, financing, tax, and assessments;
(F) the cost of construction, rehabilitation, reconstruction, and equipping the eligible project;
(G) the cost of land improvements;
(H) contractor fees;
(I) the cost of training and education related to the
safety of users of any bicycle or pedestrian network or
spine constructed as part of an eligible project; and
(J) any other cost that the Secretary determines is
necessary and reasonable.

SEC. 11530. HIGHWAY COST ALLOCATION STUDY.
Deadline.
Coordination.
Determination.

Examination.

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Determination.

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(a) IN GENERAL.—Not later than 4 years after the date of
enactment of this Act, the Secretary, in coordination with State
departments of transportation, shall carry out a highway cost allocation study to determine the direct costs of highway use by various
types of users.
(b) INCLUSIONS.—The study under subsection (a) shall include
an examination of—
(1) the Federal costs occasioned in the design, construction,
rehabilitation, and maintenance of Federal-aid highways by—
(A) the use of vehicles of different dimensions, weights,
number of axles, and other specifications; and
(B) the frequency of those vehicles in the traffic stream;
(2) the safety-, emissions-, congestion-, and noise-related
costs of highway use by various types of users, and other
costs as determined by the Secretary; and
(3) the proportionate share of the costs described in paragraph (1) that are attributable to each class of highway users.
(c) REQUIREMENTS.—In carrying out the study under subsection
(a), the Secretary shall—
(1) ensure that the study examines only direct costs of
highway use;
(2) capture the various driving conditions in different
geographic areas of the United States;

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PUBLIC LAW 117–58—NOV. 15, 2021

135 STAT. 617

(3) to the maximum extent practicable, distinguish between
costs directly occasioned by a highway user class and costs
occasioned by all highway user classes; and
(4) compare the costs occasioned by various highway user
classes with the user fee revenue contributed to the Highway
Trust Fund by those highway user classes.
(d) REPORTS.—
(1) INTERIM REPORTS.—Not less frequently than annually
during the period during which the Secretary is carrying out
the study under subsection (a), the Secretary shall submit
to Congress an interim report on the progress of the study.
(2) FINAL REPORT.—On completion of the study under subsection (a), the Secretary shall submit to Congress a final
report on the results of the study, including the recommendations under subsection (e).
(e) RECOMMENDATIONS.—On completion of the study under subsection (a), the Secretary, in coordination with the Secretary of
the Treasury, shall develop recommendations for a set of revenue
options to fully cover the costs occasioned by highway users,
including recommendations for—
(1) changes to existing revenue streams; and
(2) new revenue streams based on user fees.

Recommendations.

Coordination.

TITLE
II—TRANSPORTATION
INFRASTRUCTURE FINANCE AND INNOVATION

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SEC.

12001.

TRANSPORTATION INFRASTRUCTURE FINANCE
INNOVATION ACT OF 1998 AMENDMENTS.

AND

(a) DEFINITIONS.—Section 601(a) of title 23, United States Code,
is amended—
(1) in subparagraph (E) of paragraph (10), by striking ‘‘3
years’’ and inserting ‘‘5 years’’; and
(2) in paragraph (12)—
(A) by striking subparagraph (E) and inserting the
following:
‘‘(E) a project to improve or construct public infrastructure—
‘‘(i) that—
‘‘(I) is located within walking distance of, and
accessible to, a fixed guideway transit facility, passenger rail station, intercity bus station, or intermodal facility, including a transportation, public
utility, or capital project described in section
5302(3)(G)(v) of title 49, and related infrastructure;
or
‘‘(II) is a project for economic development,
including commercial and residential development,
and related infrastructure and activities—
‘‘(aa) that incorporates private investment;
‘‘(bb) that is physically or functionally
related to a passenger rail station or
multimodal station that includes rail service;

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Deadline.

Deadline.

Determination.

Deadline.

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Determination.

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‘‘(cc) for which the project sponsor has a
high probability of commencing the contracting process for construction by not later
than 90 days after the date on which credit
assistance under the TIFIA program is provided for the project; and
‘‘(dd) that has a high probability of
reducing the need for financial assistance
under any other Federal program for the relevant passenger rail station or service by
increasing ridership, tenant lease payments,
or other activities that generate revenue
exceeding costs; and
‘‘(ii) for which, by not later than September 30,
2026, the Secretary has—
‘‘(I) received a letter of interest; and
‘‘(II) determined that the project is eligible
for assistance;’’;
(B) in subparagraph (F), by striking the period at the
end and inserting a semicolon; and
(C) by adding at the end the following:
‘‘(G) an eligible airport-related project (as defined in
section 40117(a) of title 49) for which, not later than September 30, 2025, the Secretary has—
‘‘(i) received a letter of interest; and
‘‘(ii) determined that the project is eligible for
assistance; and
‘‘(H) a project for the acquisition of plant and wildlife
habitat pursuant to a conservation plan that—
‘‘(i) has been approved by the Secretary of the
Interior pursuant to section 10 of the Endangered Species Act of 1973 (16 U.S.C. 1539); and
‘‘(ii) in the judgment of the Secretary, would mitigate the environmental impacts of transportation infrastructure projects otherwise eligible for assistance
under this title.’’.
(b) ELIGIBILITY.—Section 602(a)(2) of title 23, United States
Code, is amended—
(1) in subparagraph (A)(iv)—
(A) by striking ‘‘a rating’’ and inserting ‘‘an investmentgrade rating’’; and
(B) by striking ‘‘$75,000,000’’ and inserting
‘‘$150,000,000’’; and
(2) in subparagraph (B)—
(A) by striking ‘‘the senior debt’’ and inserting ‘‘senior
debt’’; and
(B) by striking ‘‘credit instrument is for an amount
less than $75,000,000’’ and inserting ‘‘total amount of other
senior debt and the Federal credit instrument is less than
$150,000,000’’.
(c) FEDERAL REQUIREMENTS.—Section 602(c)(1) of title 23,
United States Code, is amended in the matter preceding subparagraph (A) by striking ‘‘and the requirements of section 5333(a)
of title 49 for rail projects,’’ and inserting ‘‘the requirements of
section 5333(a) of title 49 for rail projects, and the requirements
of sections 47112(b) and 50101 of title 49 for airport-related
projects,’’.

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135 STAT. 619

(d) PROCESSING TIMELINES.—Section 602(d) of title 23, United
States Code, is amended—
(1) by redesignating paragraphs (1) and (2) as paragraphs
(2) and (3), respectively;
(2) in paragraph (3) (as so redesignated), by striking ‘‘paragraph (1)’’ and inserting ‘‘paragraph (2)’’; and
(3) by inserting before paragraph (2) (as so redesignated)
the following:
‘‘(1) PROCESSING TIMELINES.—Except in the case of an
application described in subsection (a)(8) and to the maximum
extent practicable, the Secretary shall provide an applicant
with a specific estimate of the timeline for the approval or
disapproval of the application of the applicant, which, to the
maximum extent practicable, the Secretary shall endeavor to
complete by not later than 150 days after the date on which
the applicant submits a letter of interest to the Secretary.’’.
(e) MATURITY DATE OF CERTAIN SECURED LOANS.—Section
603(b)(5) of title 23, United States Code, is amended—
(1) in subparagraph (A), in the matter preceding clause
(i), by striking ‘‘subparagraph (B)’’ and inserting ‘‘subparagraphs (B) and (C)’’; and
(2) by adding at the end the following:
‘‘(C) LONG LIVED ASSETS.—In the case of a capital asset
with an estimated life of more than 50 years, the final
maturity date of the secured loan shall be the lesser of—
‘‘(i) 75 years after the date of substantial completion of the project; or
‘‘(ii) 75 percent of the estimated useful life of the
capital asset.’’.
(f) SECURED LOANS.—Section 603(c)(4)(A) of title 23, United
States Code, is amended—
(1) by striking ‘‘Any excess’’ and inserting the following:
‘‘(i) IN GENERAL.—Except as provided in clause
(ii), any excess’’; and
(2) by adding at the end the following:
‘‘(ii) CERTAIN APPLICANTS.—In the case of a secured
loan or other secured Federal credit instrument provided after the date of enactment of the Surface
Transportation Reauthorization Act of 2021, if the
obligor is a governmental entity, agency, or instrumentality, the obligor shall not be required to prepay the
secured loan or other secured Federal credit
instrument with any excess revenues described in
clause (i) if the obligor enters into an agreement to
use those excess revenues only for purposes authorized
under this title or title 49.’’.
(g) TECHNICAL AMENDMENT.—Section 602(e) of title 23, United
States Code, is amended by striking ‘‘section 601(a)(1)(A)’’ and
inserting ‘‘section 601(a)(2)(A)’’.
(h) STREAMLINED APPLICATION PROCESS.—Section 603(f) of title
23, United States Code, is amended by adding at the end the
following:
‘‘(3) ADDITIONAL TERMS FOR EXPEDITED DECISIONS.—
‘‘(A) IN GENERAL.—Not later than 120 days after the
date of enactment of this paragraph, the Secretary shall
implement an expedited decision timeline for public agency
borrowers seeking secured loans that meet—

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135 STAT. 620

‘‘(i) the terms under paragraph (2); and
‘‘(ii) the additional criteria described in subparagraph (B).
‘‘(B) ADDITIONAL CRITERIA.—The additional criteria
referred to in subparagraph (A)(ii) are the following:
‘‘(i) The secured loan is made on terms and conditions that substantially conform to the conventional
terms and conditions established by the National Surface Transportation Innovative Finance Bureau.
‘‘(ii) The secured loan is rated in the A category
or higher.
‘‘(iii) The TIFIA program share of eligible project
costs is 33 percent or less.
‘‘(iv) The applicant demonstrates a reasonable
expectation that the contracting process for the project
can commence by not later than 90 days after the
date on which a Federal credit instrument is obligated
for the project under the TIFIA program.
‘‘(v) The project has received a categorical exclusion, a finding of no significant impact, or a record
of decision under the National Environmental Policy
Act of 1969 (42 U.S.C. 4321 et seq.).
‘‘(C) WRITTEN NOTICE.—The Secretary shall provide to
an applicant seeking a secured loan under the expedited
decision process under this paragraph a written notice
informing the applicant whether the Secretary has
approved or disapproved the application by not later than
180 days after the date on which the Secretary submits
to the applicant a letter indicating that the National Surface Transportation Innovative Finance Bureau has commenced the creditworthiness review of the project.’’.
(i) FUNDING.—
(1) IN GENERAL.—Section 608(a) of title 23, United States
Code, is amended—
(A) by redesignating paragraphs (4) and (5) as paragraphs (5) and (6), respectively;
(B) by inserting after paragraph (3) the following:
‘‘(4) LIMITATION FOR CERTAIN PROJECTS.—
‘‘(A) TRANSIT-ORIENTED DEVELOPMENT PROJECTS.—For
each fiscal year, the Secretary may use to carry out projects
described in section 601(a)(12)(E) not more than 15 percent
of the amounts made available to carry out the TIFIA
program for that fiscal year.
‘‘(B) AIRPORT-RELATED PROJECTS.—The Secretary may
use to carry out projects described in section
601(a)(12)(G)—
‘‘(i) for each fiscal year, not more than 15 percent
of the amounts made available to carry out the TIFIA
program under the Surface Transportation Reauthorization Act of 2021 for that fiscal year; and
‘‘(ii) for the period of fiscal years 2022 through
2026, not more than 15 percent of the unobligated
carryover balances (as of October 1, 2021).’’; and
(C) by striking paragraph (6) (as so redesignated) and
inserting the following:
‘‘(6) ADMINISTRATIVE COSTS.—Of the amounts made available to carry out the TIFIA program, the Secretary may use

Deadline.

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135 STAT. 621

not more than $10,000,000 for each of fiscal years 2022 through
2026 for the administration of the TIFIA program.’’.
(2) CONFORMING AMENDMENT.—Section 605(f)(1) of title 23,
United States Code, is amended by striking ‘‘section 608(a)(5)’’
and inserting ‘‘section 608(a)(6)’’.
(j) STATUS REPORTS.—Section 609 of title 23, United States
Code, is amended by adding at the end the following:
‘‘(c) STATUS REPORTS.—
‘‘(1) IN GENERAL.—The Secretary shall publish on the
website for the TIFIA program—
‘‘(A) on a monthly basis, a current status report on
all submitted letters of interest and applications received
for assistance under the TIFIA program; and
‘‘(B) on a quarterly basis, a current status report on
all approved applications for assistance under the TIFIA
program.
‘‘(2) INCLUSIONS.—Each monthly and quarterly status
report under paragraph (1) shall include, at a minimum, with
respect to each project included in the status report—
‘‘(A) the name of the party submitting the letter of
interest or application;
‘‘(B) the name of the project;
‘‘(C) the date on which the letter of interest or application was received;
‘‘(D) the estimated project eligible costs;
‘‘(E) the type of credit assistance sought; and
‘‘(F) the anticipated fiscal year and quarter for closing
of the credit assistance.’’.
(k) STATE INFRASTRUCTURE BANK PROGRAM.—Section 610 of
title 23, United States Code, is amended—
(1) in subsection (d)—
(A) in paragraph (1)(A), by striking ‘‘fiscal years 2016
through 2020’’ and inserting ‘‘fiscal years 2022 through
2026’’;
(B) in paragraph (2), by striking ‘‘fiscal years 2016
through 2020’’ and inserting ‘‘fiscal years 2022 through
2026’’; and
(C) in paragraph (3), by striking ‘‘fiscal years 2016
through 2020’’ and inserting ‘‘fiscal years 2022 through
2026’’; and
(2) in subsection (k), by striking ‘‘fiscal years 2016 through
2020’’ and inserting ‘‘fiscal years 2022 through 2026’’.
(l) REPORT.—Not later than September 30, 2025, 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 report on the impact of
the amendment relating to airport-related projects under subsection
(a)(2)(C) and subsection (i)(1)(B), including—
(1) information on the use of TIFIA program (as defined
in section 601(a) of title 23, United States Code) funds for
eligible airport-related projects (as defined in section 40117(a)
of title 49, United States Code); and
(2) recommendations for modifications to the TIFIA program.

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Web postings.
Time periods.

Cost estimate.

Recommendations.

PUBL058

135 STAT. 622

PUBLIC LAW 117–58—NOV. 15, 2021

SEC. 12002. FEDERAL REQUIREMENTS FOR TIFIA ELIGIBILITY AND
PROJECT SELECTION.

23 USC 602 note.

(a) IN GENERAL.—Section 602(c) of title 23, United States Code,
is amended by adding at the end the following:
‘‘(3) PAYMENT AND PERFORMANCE SECURITY.—
‘‘(A) IN GENERAL.—The Secretary shall ensure that the
design and construction of a project carried out with assistance under the TIFIA program shall have appropriate payment and performance security, regardless of whether the
obligor is a State, local government, agency or instrumentality of a State or local government, public authority,
or private party.
‘‘(B) WRITTEN DETERMINATION.—If payment and
performance security is required to be furnished by
applicable State or local statute or regulation, the Secretary
may accept such payment and performance security
requirements applicable to the obligor if the Federal
interest with respect to Federal funds and other project
risk related to design and construction is adequately protected.
‘‘(C) NO DETERMINATION OR APPLICABLE REQUIREMENTS.—If there are no payment and performance security
requirements applicable to the obligor, the security under
section 3131(b) of title 40 or an equivalent State or local
requirement, as determined by the Secretary, shall be
required.’’.
(b) APPLICABILITY.—The amendments made by this section shall
apply with respect to any agreement for credit assistance entered
into on or after the date of enactment of this Act.

TITLE III—RESEARCH, TECHNOLOGY,
AND EDUCATION

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23 USC 503 note.

SEC. 13001. STRATEGIC INNOVATION FOR REVENUE COLLECTION.

(a) IN GENERAL.—The Secretary shall establish a program to
test the feasibility of a road usage fee and other user-based alternative revenue mechanisms (referred to in this section as ‘‘userbased alternative revenue mechanisms’’) to help maintain the longterm solvency of the Highway Trust Fund, through pilot projects
at the State, local, and regional level.
(b) GRANTS.—
(1) IN GENERAL.—The Secretary shall provide grants to
eligible entities to carry out pilot projects under this section.
(2) APPLICATIONS.—To be eligible for a grant under this
section, an eligible entity shall submit to the Secretary an
application at such time, in such manner, and containing such
information as the Secretary may require.
(3) OBJECTIVES.—The Secretary shall ensure that, in the
aggregate, the pilot projects carried out using funds provided
under this section meet the following objectives:
(A) To test the design, acceptance, equity, and
implementation of user-based alternative revenue mechanisms, including among—
(i) differing income groups; and
(ii) rural and urban drivers, as applicable.

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PUBLIC LAW 117–58—NOV. 15, 2021

135 STAT. 623

(B) To provide recommendations regarding adoption
and implementation of user-based alternative revenue
mechanisms.
(C) To quantify and minimize the administrative costs
of any potential user-based alternative revenue mechanisms.
(D) To test a variety of solutions, including the use
of independent and private third-party vendors, for the
collection of data and fees from user-based alternative revenue mechanisms, including the reliability and security
of those solutions and vendors.
(E) To test solutions to ensure the privacy and security
of data collected for the purpose of implementing a userbased alternative revenue mechanism.
(F) To conduct public education and outreach to
increase public awareness regarding the need for userbased alternative revenue mechanisms for surface transportation programs.
(G) To evaluate the ease of compliance and enforcement
of a variety of implementation approaches for different
users of the surface transportation system.
(H) To ensure, to the greatest extent practicable, the
use of innovation.
(I) To consider, to the greatest extent practicable, the
potential for revenue collection along a network of alternative fueling stations.
(J) To evaluate the impacts of the imposition of a
user-based alternative revenue mechanism on—
(i) transportation revenues;
(ii) personal mobility, driving patterns, congestion,
and transportation costs; and
(iii) freight movement and costs.
(K) To evaluate options for the integration of a userbased alternative revenue mechanism with—
(i) nationwide transportation revenue collections
and regulations;
(ii) toll revenue collection platforms;
(iii) transportation network company fees; and
(iv) any other relevant transportation revenue
mechanisms.
(4) ELIGIBLE ENTITY.—An entity eligible to apply for a
grant under this section is—
(A) a State or a group of States;
(B) a local government or a group of local governments;
or
(C) a metropolitan planning organization (as defined
in section 134(b) of title 23, United States Code) or a
group of metropolitan planning organizations.
(5) USE OF FUNDS.—An eligible entity that receives a grant
under this section shall use the grant to carry out a pilot
project to address 1 or more of the objectives described in
paragraph (3).
(6) CONSIDERATION.—The Secretary shall consider
geographic diversity in awarding grants under this subsection.
(7) FEDERAL SHARE.—The Federal share of the cost of a
pilot project carried out under this section may not exceed—

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Recommendations.

Evaluation.

Evaluation.

Evaluation.

PUBL058

135 STAT. 624

Coordination.

Summaries.

Effective date.
Determination.
Transfer
authority.

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23 USC 503 note.

PUBLIC LAW 117–58—NOV. 15, 2021

(A) 80 percent of the total cost of a project carried
out by an eligible entity that has not otherwise received
a grant under this section; and
(B) 70 percent of the total cost of a project carried
out by an eligible entity that has received at least 1 grant
under this section.
(c) LIMITATION ON REVENUE COLLECTED.—Any revenue collected through a user-based alternative revenue mechanism established using funds provided under this section shall not be considered a toll under section 301 of title 23, United States Code.
(d) RECOMMENDATIONS AND REPORT.—Not later than 3 years
after the date of enactment of this Act, the Secretary, in coordination with the Secretary of the Treasury and the Federal System
Funding Alternative Advisory Board established under section
13002(g)(1), 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 report that—
(1) summarizes the results of the pilot projects under this
section and the national pilot program under section 13002;
and
(2) provides recommendations, if applicable, to enable
potential implementation of a nationwide user-based alternative
revenue mechanism.
(e) FUNDING.—
(1) IN GENERAL.—Of the funds made available to carry
out section 503(b) of title 23, United States Code, for each
of fiscal years 2022 through 2026 $15,000,000 shall be used
for pilot projects under this section.
(2) FLEXIBILITY.—If, by August 1 of each fiscal year, the
Secretary determines that there are not enough grant applications to meet the requirements of this section for that fiscal
year, the Secretary shall transfer to the national pilot program
under section 13002 or to the highway research and development program under section 503(b) of title 23, United States
Code—
(A) any funds reserved for a fiscal year under paragraph (1) that the Secretary has not yet awarded under
this section; and
(B) an amount of obligation limitation equal to the
amount of funds that the Secretary transfers under
subparagraph (A).
(f) REPEAL.—
(1) IN GENERAL.—Section 6020 of the FAST Act (23 U.S.C.
503 note; Public Law 114–94) is repealed.
(2) CLERICAL AMENDMENT.—The table of contents in section
1(b) of the FAST Act (Public Law 114–94; 129 Stat. 1312)
is amended by striking the item relating to section 6020.
SEC. 13002. NATIONAL MOTOR VEHICLE PER-MILE USER FEE PILOT.

(a) DEFINITIONS.—In this section:
(1) ADVISORY BOARD.—The term ‘‘advisory board’’ means
the Federal System Funding Alternative Advisory Board established under subsection (g)(1).
(2) COMMERCIAL VEHICLE.—The term ‘‘commercial vehicle’’
has the meaning given the term commercial motor vehicle
in section 31101 of title 49, United States Code.

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PUBLIC LAW 117–58—NOV. 15, 2021

135 STAT. 625

(3) HIGHWAY TRUST FUND.—The term ‘‘Highway Trust
Fund’’ means the Highway Trust Fund established under section 9503 of the Internal Revenue Code of 1986.
(4) LIGHT TRUCK.—The term ‘‘light truck’’ has the meaning
given the term in section 523.2 of title 49, Code of Federal
Regulations (or successor regulations).
(5) MEDIUM- AND HEAVY-DUTY TRUCK.—The term ‘‘mediumand heavy-duty truck’’ has the meaning given the term
‘‘commercial medium- and heavy-duty on-highway vehicle’’ in
section 32901(a) of title 49, United States Code.
(6) PASSENGER MOTOR VEHICLE.—The term ‘‘passenger
motor vehicle’’ has the meaning given the term in section
32101 of title 49, United States Code.
(7) PER-MILE USER FEE.—The term ‘‘per-mile user fee’’
means a revenue mechanism that—
(A) is applied to road users operating motor vehicles
on the surface transportation system; and
(B) is based on the number of vehicle miles traveled
by an individual road user.
(8) PILOT PROGRAM.—The term ‘‘pilot program’’ means the
pilot program established under subsection (b)(1).
(9) VOLUNTEER PARTICIPANT.—The term ‘‘volunteer participant’’ means—
(A) an owner or lessee of a private, personal motor
vehicle who volunteers to participate in the pilot program;
(B) a commercial vehicle operator who volunteers to
participate in the pilot program; or
(C) an owner of a motor vehicle fleet who volunteers
to participate in the pilot program.
(b) ESTABLISHMENT.—
(1) IN GENERAL.—The Secretary, in coordination with the
Secretary of the Treasury, and consistent with the recommendations of the advisory board, shall establish a pilot program
to demonstrate a national motor vehicle per-mile user fee—
(A) to restore and maintain the long-term solvency
of the Highway Trust Fund; and
(B) to improve and maintain the surface transportation
system.
(2) OBJECTIVES.—The objectives of the pilot program are—
(A) to test the design, acceptance, implementation, and
financial sustainability of a national motor vehicle permile user fee;
(B) to address the need for additional revenue for surface transportation infrastructure and a national motor
vehicle per-mile user fee; and
(C) to provide recommendations relating to the adoption and implementation of a national motor vehicle permile user fee.
(c) PARAMETERS.—In carrying out the pilot program, the Secretary, in coordination with the Secretary of the Treasury, shall—
(1) provide different methods that volunteer participants
can choose from to track motor vehicle miles traveled;
(2) solicit volunteer participants from all 50 States, the
District of Columbia, and the Commonwealth of Puerto Rico;
(3) ensure an equitable geographic distribution by population among volunteer participants;

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Coordination.

Recommendations.
Coordination.

District of
Columbia.
Puerto Rico.

PUBL058

135 STAT. 626

Coordination.

Determination.

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Coordination.

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(4) include commercial vehicles and passenger motor
vehicles; and
(5) use components of and, where appropriate, coordinate
with—
(A) the States that received a grant under section
6020 of the FAST Act (23 U.S.C. 503 note; Public Law
114–94) (as in effect on the day before the date of enactment of this Act); and
(B) eligible entities that received a grant under section
13001.
(d) METHODS.—
(1) TOOLS.—In selecting the methods described in subsection (c)(1), the Secretary shall coordinate with entities that
voluntarily provide to the Secretary for use under the pilot
program any of the following vehicle-miles-traveled collection
tools:
(A) Third-party on-board diagnostic (OBD-II) devices.
(B) Smart phone applications.
(C) Telemetric data collected by automakers.
(D) Motor vehicle data obtained by car insurance
companies.
(E) Data from the States that received a grant under
section 6020 of the FAST Act (23 U.S.C. 503 note; Public
Law 114–94) (as in effect on the day before the date of
enactment of this Act).
(F) Motor vehicle data obtained from fueling stations.
(G) Any other method that the Secretary considers
appropriate.
(2) COORDINATION.—
(A) SELECTION.—The Secretary shall determine which
collection tools under paragraph (1) are selected for the
pilot program.
(B) VOLUNTEER PARTICIPANTS.—In a manner that the
Secretary considers appropriate, the Secretary shall enable
each volunteer participant to choose 1 of the selected collection tools under paragraph (1).
(e) MOTOR VEHICLE PER-MILE USER FEES.—For the purposes
of the pilot program, the Secretary of the Treasury shall establish,
on an annual basis, per-mile user fees for passenger motor vehicles,
light trucks, and medium- and heavy-duty trucks, which amount
may vary between vehicle types and weight classes to reflect estimated impacts on infrastructure, safety, congestion, the environment, or other related social impacts.
(f) VOLUNTEER PARTICIPANTS.—The Secretary, in coordination
with the Secretary of the Treasury, shall—
(1)(A) ensure, to the extent practicable, that the greatest
number of volunteer participants participate in the pilot program; and
(B) ensure that such volunteer participants represent geographically diverse regions of the United States, including from
urban and rural areas; and
(2) issue policies relating to the protection of volunteer
participants, including policies that—
(A) protect the privacy of volunteer participants; and
(B) secure the data provided by volunteer participants.
(g) FEDERAL SYSTEM FUNDING ALTERNATIVE ADVISORY
BOARD.—

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PUBLIC LAW 117–58—NOV. 15, 2021

135 STAT. 627

(1) IN GENERAL.—Not later than 90 days after the date
of enactment of this Act, the Secretary shall establish an
advisory board, to be known as the ‘‘Federal System Funding
Alternative Advisory Board’’, to assist with—
(A) providing the Secretary with recommendations
related to the structure, scope, and methodology for developing and implementing the pilot program;
(B) carrying out the public awareness campaign under
subsection (h); and
(C) developing the report under subsection (n).
(2) MEMBERSHIP.—The advisory board shall include, at a
minimum, the following representatives and entities, to be
appointed by the Secretary:
(A) State departments of transportation.
(B) Any public or nonprofit entity that led a surface
transportation system funding alternatives pilot project
under section 6020 of the FAST Act (23 U.S.C. 503 note;
Public Law 114–94) (as in effect on the day before the
date of enactment of this Act).
(C) Representatives of the trucking industry, including
owner-operator independent drivers.
(D) Data security experts with expertise in personal
privacy.
(E) Academic experts on surface transportation systems.
(F) Consumer advocates, including privacy experts.
(G) Advocacy groups focused on equity.
(H) Owners of motor vehicle fleets.
(I) Owners and operators of toll facilities.
(J) Tribal groups or representatives.
(K) Any other representatives or entities, as determined appropriate by the Secretary.
(3) RECOMMENDATIONS.—Not later than 1 year after the
date on which the advisory board is established under paragraph (1), the advisory board shall provide the Secretary with
the recommendations described in subparagraph (A) of that
paragraph, which the Secretary shall use in implementing the
pilot program.
(h) PUBLIC AWARENESS CAMPAIGN.—
(1) IN GENERAL.—The Secretary, with guidance from the
advisory board, may carry out a public awareness campaign
to increase public awareness regarding a national motor vehicle
per-mile user fee, including distributing information—
(A) related to the pilot program;
(B) from the State surface transportation system
funding alternatives pilot program under section 6020 of
the FAST Act (23 U.S.C. 503 note; Public Law 114–94)
(as in effect on the day before the date of enactment of
this Act); and
(C) related to consumer privacy.
(2) CONSIDERATIONS.—In carrying out the public awareness
campaign under this subsection, the Secretary shall consider
issues unique to each State.
(i) REVENUE COLLECTION.—The Secretary of the Treasury, in
coordination with the Secretary, shall establish a mechanism to
collect motor vehicle per-mile user fees established under subsection
(e) from volunteer participants, which—

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Deadline.

Recommendations.

Appointments.

Determination.
Deadline.

Coordination.

PUBL058

135 STAT. 628

Contracts.

Deadlines.
Time period.
Consultation.
Estimates.

Analysis.

Estimates.

Time period.

PUBLIC LAW 117–58—NOV. 15, 2021

(1) may be adjusted as needed to address technical challenges; and
(2) may allow independent and private third-party vendors
to collect the motor vehicle per-mile user fees and forward
such fees to the Treasury.
(j) AGREEMENT.—The Secretary may enter into an agreement
with a volunteer participant containing such terms and conditions
as the Secretary considers necessary for participation in the pilot
program.
(k) LIMITATION.—Any revenue collected through the mechanism
established under subsection (i) shall not be considered a toll under
section 301 of title 23, United States Code.
(l) HIGHWAY TRUST FUND.—The Secretary of the Treasury shall
ensure that any revenue collected under subsection (i) is deposited
into the Highway Trust Fund.
(m) PAYMENT.—Not more than 60 days after the end of each
calendar quarter in which a volunteer participant has participated
in the pilot program, the Secretary of the Treasury, in consultation
with the Secretary of Transportation, shall estimate an amount
of payment for each volunteer based on the vehicle miles submitted
by the volunteer for the calendar quarter and issue such payment
to such volunteer participant.
(n) REPORT TO CONGRESS.—Not later than 1 year after the
date on which volunteer participants begin participating in the
pilot program, and each year thereafter for the duration of the
pilot program, the Secretary and the Secretary of the Treasury
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 report that includes an
analysis of—
(1) whether the objectives described in subsection (b)(2)
were achieved;
(2) how volunteer participant protections in subsection (f)(2)
were complied with;
(3) whether motor vehicle per-mile user fees can maintain
the long-term solvency of the Highway Trust Fund and improve
and maintain the surface transportation system, which shall
include estimates of administrative costs related to collecting
such motor vehicle per mile user fees;
(4) how the privacy of volunteers was maintained; and
(5) equity impacts of the pilot program, including the
impacts of the pilot program on low-income commuters.
(o) FUNDING.—
(1) IN GENERAL.—Of the funds made available to carry
out section 503(b) of title 23, United States Code, for each
of fiscal years 2022 through 2026 $10,000,000 shall be used
to carry out the pilot program under this section.
(2) EXCESS FUNDS.—Any excess funds remaining after carrying out the pilot program under this section shall be available
to make grants for pilot projects under section 13001.

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SEC. 13003. PERFORMANCE MANAGEMENT DATA SUPPORT PROGRAM.

Section 6028(c) of the FAST Act (23 U.S.C. 150 note; Public
Law 114–94) is amended by striking ‘‘fiscal years 2016 through
2020’’ and inserting ‘‘fiscal years 2022 through 2026’’.

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PUBLIC LAW 117–58—NOV. 15, 2021

135 STAT. 629

SEC. 13004. DATA INTEGRATION PILOT PROGRAM.

23 USC 503 note.

(a) ESTABLISHMENT.—The Secretary shall establish a pilot program—
(1) to provide research and develop models that integrate,
in near-real-time, data from multiple sources, including
geolocated—
(A) weather conditions;
(B) roadway conditions;
(C) incidents, work zones, and other nonrecurring
events related to emergency planning; and
(D) information from emergency responders; and
(2) to facilitate data integration between the Department,
the National Weather Service, and other sources of data that
provide real-time data with respect to roadway conditions
during or as a result of severe weather events, including, at
a minimum—
(A) winter weather;
(B) heavy rainfall; and
(C) tropical weather events.
(b) REQUIREMENTS.—In carrying out subsection (a)(1), the Secretary shall—
(1) address the safety, resiliency, and vulnerability of the
transportation system to disasters; and
(2) develop tools for decisionmakers and other end-users
who could use or benefit from the integrated data described
in that subsection to improve public safety and mobility.
(c) TREATMENT.—Except as otherwise provided in this section,
the Secretary shall carry out activities under the pilot program
under this section as if—
(1) those activities were authorized under chapter 5 of
title 23, United States Code; and
(2) the funds made available to carry out the pilot program
were made available under that chapter.
(d) AUTHORIZATION OF APPROPRIATIONS.—There is authorized
to be appropriated to carry out this section $2,500,000 for each
of fiscal years 2022 through 2026, to remain available until
expended.

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SEC. 13005. EMERGING TECHNOLOGY RESEARCH PILOT PROGRAM.

Time period.

23 USC 503 note.

(a) ESTABLISHMENT.—The Secretary shall establish a pilot program to conduct emerging technology research in accordance with
this section.
(b) ACTIVITIES.—The pilot program under this section shall
include—
(1) research and development activities relating to
leveraging advanced and additive manufacturing technologies
to increase the structural integrity and cost-effectiveness of
surface transportation infrastructure; and
(2) research and development activities (including laboratory and test track supported accelerated pavement testing
research regarding the impacts of connected, autonomous, and
platooned vehicles on pavement and infrastructure performance)—
(A) to reduce the impact of automated and connected
driving systems and advanced driver-assistance systems
on pavement and infrastructure performance; and

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135 STAT. 630

Time period.

PUBLIC LAW 117–58—NOV. 15, 2021

(B) to improve transportation infrastructure design in
anticipation of increased usage of automated driving systems and advanced driver-assistance systems.
(c) TREATMENT.—Except as otherwise provided in this section,
the Secretary shall carry out activities under the pilot program
under this section as if—
(1) those activities were authorized under chapter 5 of
title 23, United States Code; and
(2) the funds made available to carry out the pilot program
were made available under that chapter.
(d) AUTHORIZATION OF APPROPRIATIONS.—There is authorized
to be appropriated to carry out this section $5,000,000 for each
of fiscal years 2022 through 2026, to remain available until
expended.
SEC.

Consultation.

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Studies.

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13006.

RESEARCH AND
DEPLOYMENT.

TECHNOLOGY

DEVELOPMENT

AND

(a) IN GENERAL.—Section 503 of title 23, United States Code,
is amended—
(1) in subsection (a)(2), by striking ‘‘section 508’’ and
inserting ‘‘section 6503 of title 49’’;
(2) in subsection (b)—
(A) in paragraph (1)—
(i) in subparagraph (C), by striking ‘‘and’’ at the
end;
(ii) in subparagraph (D), by striking the period
at the end and inserting a semicolon; and
(iii) by adding at the end the following:
‘‘(E) engage with public and private entities to spur
advancement of emerging transformative innovations
through accelerated market readiness; and
‘‘(F) consult frequently with public and private entities
on new transportation technologies.’’;
(B) in paragraph (2)(C)—
(i) by redesignating clauses (x) through (xv) as
clauses (xi) through (xvi), respectively; and
(ii) by inserting after clause (ix) the following:
‘‘(x) safety measures to reduce the number of wildlife-vehicle collisions;’’;
(C) in paragraph (3)—
(i) in subparagraph (B)(viii), by inserting ‘‘,
including weather,’’ after ‘‘events’’; and
(ii) in subparagraph (C)—
(I) in clause (xv), by inserting ‘‘extreme
weather events and’’ after ‘‘withstand’’;
(II) in clause (xviii), by striking ‘‘and’’ at the
end;
(III) in clause (xix), by striking the period
at the end and inserting ‘‘; and’’; and
(IV) by adding at the end the following:
‘‘(xx) studies on the deployment and revenue potential of the deployment of energy and broadband infrastructure in highway rights-of-way, including potential
adverse impacts of the use or nonuse of those rightsof-way.’’;
(D) in paragraph (6)—

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135 STAT. 631

(i) in subparagraph (A), by striking ‘‘and’’ at the

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end;
(ii) in subparagraph (B), by striking the period
at the end and inserting ‘‘; and’’; and
(iii) by adding at the end the following:
‘‘(C) to support research on non-market-ready technologies in consultation with public and private entities.’’;
(E) in paragraph (7)(B)—
(i) in the matter preceding clause (i), by inserting
‘‘innovations by leading’’ after ‘‘support’’;
(ii) in clause (iii), by striking ‘‘and’’ at the end;
(iii) in clause (iv), by striking the period at the
end and inserting ‘‘; and’’; and
(iv) by adding at the end the following:
‘‘(v) the evaluation of information from accelerated
market readiness efforts, including non-market-ready
technologies, in consultation with other offices of the
Federal Highway Administration, the National Highway Traffic Safety Administration, and other key partners.’’;
(F) in paragraph (8)(A), by striking ‘‘future highway’’
and all that follows through ‘‘needs.’’ and inserting the
following: ‘‘current conditions and future needs of highways,
bridges, and tunnels of the United States, including—
‘‘(i) the conditions and performance of the highway
network for freight movement;
‘‘(ii) intelligent transportation systems;
‘‘(iii) resilience needs; and
‘‘(iv) the backlog of current highway, bridge, and
tunnel needs.’’; and
(G) by adding at the end the following:
‘‘(9) ANALYSIS TOOLS.—The Secretary may develop interactive modeling tools and databases that—
‘‘(A) track the full condition of highway assets,
including interchanges, and the reconstruction history of
those assets;
‘‘(B) can be used to assess transportation options;
‘‘(C) allow for the monitoring and modeling of networklevel traffic flows on highways; and
‘‘(D) further Federal and State understanding of the
importance of national and regional connectivity and the
need for long-distance and interregional passenger and
freight travel by highway and other surface transportation
modes.’’; and
(3) in subsection (c)—
(A) in paragraph (1)—
(i) in the matter preceding subparagraph (A), by
inserting ‘‘use of rights-of-way permissible under
applicable law,’’ after ‘‘structures,’’;
(ii) in subparagraph (D), by striking ‘‘and’’ at the
end;
(iii) in subparagraph (E), by striking the period
at the end and inserting ‘‘; and’’; and
(iv) by adding at the end the following:
‘‘(F) disseminating and evaluating information from
accelerated market readiness efforts, including non-marketready technologies, to public and private entities.’’;

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(B) in paragraph (2)—
(i) in subparagraph (B)(iii), by striking ‘‘improved
tools and methods to accelerate the adoption’’ and
inserting ‘‘and deploy improved tools and methods to
accelerate the adoption of early-stage and proven
innovative practices and technologies and, as the Secretary determines to be appropriate, support continued
implementation’’; and
(ii) by adding at the end the following:
‘‘(D) REPORT.—Not later than 2 years after the date
of enactment of this subparagraph and every 2 years thereafter, 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 make publicly available on an internet website a report that describes—
‘‘(i) the activities the Secretary has undertaken
to carry out the program established under paragraph
(1); and
‘‘(ii) how and to what extent the Secretary has
worked to disseminate non-market-ready technologies
to public and private entities.’’;
(C) in paragraph (3)—
(i) by redesignating subparagraphs (C) and (D)
as subparagraphs (D) and (E), respectively;
(ii) by inserting after subparagraph (B) the following:
‘‘(C) HIGH-FRICTION SURFACE TREATMENT APPLICATION
STUDY.—
‘‘(i) DEFINITION OF INSTITUTION.—In this subparagraph, the term ‘institution’ means a private sector
entity, public agency, research university or other
research institution, or organization representing
transportation and technology leaders or other
transportation stakeholders that, as determined by the
Secretary, is capable of working with State highway
agencies, the Federal Highway Administration, and
the highway construction industry to develop and
evaluate new products, design technologies, and
construction methods that quickly lead to pavement
improvements.
‘‘(ii) STUDY.—The Secretary shall seek to enter
into an agreement with an institution to carry out
a study on the use of natural and synthetic calcined
bauxite as a high-friction surface treatment application
on pavement.
‘‘(iii) REPORT.—Not later than 18 months after the
date of enactment of the Surface Transportation
Reauthorization Act of 2021, the Secretary shall submit
a report on the results of the study under clause (ii)
to—
‘‘(I) the Committee on Environment and Public
Works of the Senate;
‘‘(II) the Committee on Transportation and
Infrastructure of the House of Representatives;
‘‘(III) the Federal Highway Administration;
and

Public
information.
Web posting.

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‘‘(IV) the American Association of State Highway and Transportation Officials.’’;
(iii) in subparagraph (D) (as so redesignated), by
striking ‘‘fiscal years 2016 through 2020’’ and inserting
‘‘fiscal years 2022 through 2026’’; and
(iv) in subparagraph (E) (as so redesignated)—
(I) in clause (i), by striking ‘‘annually’’ and
inserting ‘‘once every 3 years’’; and
(II) in clause (ii)—
(aa) in subclause (III), by striking ‘‘and’’
at the end;
(bb) in subclause (IV), by striking the
period at the end and inserting a semicolon;
and
(cc) by adding at the end the following:
‘‘(V) pavement monitoring and data collection
practices;
‘‘(VI) pavement durability and resilience;
‘‘(VII) stormwater management;
‘‘(VIII) impacts on vehicle efficiency;
‘‘(IX) the energy efficiency of the production
of paving materials and the ability of paving materials to enhance the environment and promote
sustainability; and
‘‘(X) integration of renewable energy in pavement designs.’’; and
(D) by adding at the end the following:
‘‘(5) ACCELERATED IMPLEMENTATION AND DEPLOYMENT OF
ADVANCED DIGITAL CONSTRUCTION MANAGEMENT SYSTEMS.—
‘‘(A) IN GENERAL.—The Secretary shall establish and
implement a program under the technology and innovation
deployment program established under paragraph (1) to
promote, implement, deploy, demonstrate, showcase, support, and document the application of advanced digital
construction management systems, practices, performance,
and benefits.
‘‘(B) GOALS.—The goals of the accelerated implementation and deployment of advanced digital construction
management systems program established under subparagraph (A) shall include—
‘‘(i) accelerated State adoption of advanced digital
construction management systems applied throughout
the construction lifecycle (including through the design
and engineering, construction, and operations phases)
that—
‘‘(I) maximize interoperability with other systems, products, tools, or applications;
‘‘(II) boost productivity;
‘‘(III) manage complexity;
‘‘(IV) reduce project delays and cost overruns;
and
‘‘(V) enhance safety and quality;
‘‘(ii) more timely and productive informationsharing among stakeholders through reduced reliance
on paper to manage construction processes and
deliverables such as blueprints, design drawings,

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135 STAT. 634

procurement and supply-chain orders, equipment logs,
daily progress reports, and punch lists;
‘‘(iii) deployment of digital management systems
that enable and leverage the use of digital technologies
on construction sites by contractors, such as stateof-the-art automated and connected machinery and
optimized routing software that allows construction
workers to perform tasks faster, safer, more accurately,
and with minimal supervision;
‘‘(iv) the development and deployment of best practices for use in digital construction management;
‘‘(v) increased technology adoption and deployment
by States and units of local government that enables
project sponsors—
‘‘(I) to integrate the adoption of digital
management systems and technologies in contracts; and
‘‘(II) to weigh the cost of digitization and technology in setting project budgets;
‘‘(vi) technology training and workforce development to build the capabilities of project managers and
sponsors that enables States and units of local government—
‘‘(I) to better manage projects using advanced
construction management technologies; and
‘‘(II) to properly measure and reward technology adoption across projects of the State or
unit of local government;
‘‘(vii) development of guidance to assist States in
updating regulations of the State to allow project sponsors and contractors—
‘‘(I) to report data relating to the project in
digital formats; and
‘‘(II) to fully capture the efficiencies and benefits of advanced digital construction management
systems and related technologies;
‘‘(viii) reduction in the environmental footprint of
construction projects using advanced digital construction management systems resulting from elimination
of congestion through more efficient projects; and
‘‘(ix) enhanced worker and pedestrian safety
resulting from increased transparency.
‘‘(C) FUNDING.—For each of fiscal years 2022 through
2026, the Secretary shall obligate from funds made available to carry out this subsection $20,000,000 to accelerate
the deployment and implementation of advanced digital
construction management systems.
‘‘(D) PUBLICATION.—
‘‘(i) IN GENERAL.—Not less frequently than
annually, the Secretary shall issue and make available
to the public on a website a report on—
‘‘(I) progress made in the implementation of
advanced digital management systems by States;
and

Time period.

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Public
information.
Web posting.
Reports.

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‘‘(II) the costs and benefits of the deployment
of new technology and innovations that substantially and directly resulted from the program
established under this paragraph.
‘‘(ii) INCLUSIONS.—The report under clause (i) may
include an analysis of—
‘‘(I) Federal, State, and local cost savings;
‘‘(II) project delivery time improvements;
‘‘(III) congestion impacts; and
‘‘(IV) safety improvements for roadway users
and construction workers.’’.
(b) ADVANCED TRANSPORTATION TECHNOLOGIES AND INNOVATIVE
MOBILITY DEPLOYMENT.—Section 503(c)(4) of title 23, United States
Code, is amended—
(1) in the heading, by inserting ‘‘AND INNOVATIVE MOBILITY’’
before ‘‘DEPLOYMENT’’;
(2) by striking subparagraph (A) and inserting the following:
‘‘(A) IN GENERAL.—The Secretary shall provide grants
to eligible entities to deploy, install, and operate advanced
transportation technologies to improve safety, mobility, efficiency, system performance, intermodal connectivity, and
infrastructure return on investment.’’;
(3) in subparagraph (B)—
(A) in clause (i), by striking ‘‘the enhanced use’’ and
inserting ‘‘optimization’’;
(B) in clause (v)—
(i) by striking ‘‘transit,’’ and inserting ‘‘work zone,
weather, transit, paratransit,’’; and
(ii) by striking ‘‘and accessible transportation’’ and
inserting ‘‘, accessible, and integrated transportation
and transportation services’’;
(C) by redesignating clauses (i) through (viii) as clauses
(iii), (iv), (v), (vi), (vii), (ix), (x), and (xi), respectively;
(D) by inserting before clause (iii) (as so redesignated)
the following:
‘‘(i) improve the mobility of people and goods;
‘‘(ii) improve the durability and extend the life
of transportation infrastructure;’’;
(E) in clause (iv) (as so redesignated), by striking
‘‘deliver’’ and inserting ‘‘protect the environment and
deliver’’;
(F) by inserting after clause (vii) (as so redesignated)
the following:
‘‘(viii) facilitate account-based payments for
transportation access and services and integrate payment systems across modes;’’;
(G) in clause (x) (as so redesignated), by striking ‘‘or’’
at the end;
(H) in clause (xi) (as so redesignated)—
(i) by inserting ‘‘vehicle-to-pedestrian,’’ after
‘‘vehicle-to-infrastructure,’’; and
(ii) by striking the period at the end and inserting
‘‘; or’’; and
(I) by adding at the end the following:
‘‘(xii) incentivize travelers—

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PUBLIC LAW 117–58—NOV. 15, 2021
‘‘(I) to share trips during periods in which
travel demand exceeds system capacity; or
‘‘(II) to shift trips to periods in which travel
demand does not exceed system capacity.’’;
(4) in subparagraph (C)—
(A) in clause (i), by striking ‘‘Not later’’ and all that
follows through ‘‘thereafter’’ and inserting ‘‘Each fiscal year
for which funding is made available for activities under
this paragraph’’; and
(B) in clause (ii)—
(i) in subclause (I), by inserting ‘‘mobility,’’ after
‘‘safety,’’; and
(ii) in subclause (II)—
(I) in item (bb), by striking ‘‘and’’ at the end;
(II) in item (cc), by striking the period at the
end and inserting ‘‘; and’’; and
(III) by adding at the end the following:
‘‘(dd) facilitating payment for transportation services.’’;
(5) in subparagraph (D)—
(A) in clause (i), by striking ‘‘Not later’’ and all that
follows through ‘‘thereafter’’ and inserting ‘‘Each fiscal year
for which funding is made available for activities under
this paragraph’’; and
(B) in clause (ii)—
(i) by striking ‘‘In awarding’’ and inserting the
following:
‘‘(I) IN GENERAL.—Subject to subclause (II),
in awarding’’; and
(ii) by adding at the end the following:
‘‘(II) RURAL SET-ASIDE.—Not less than 20 percent of the amounts made available to carry out
this paragraph shall be reserved for projects
serving rural areas.’’;
(6) in subparagraph (E)—
(A) by redesignating clauses (iii) through (ix) as clauses
(iv), (v), (vi), (vii), (viii), (xi), and (xiv), respectively;
(B) by inserting after clause (ii) the following:
‘‘(iii) advanced transportation technologies to
improve emergency evacuation and response by Federal, State, and local authorities;’’;
(C) by inserting after clause (viii) (as so redesignated)
the following:
‘‘(ix) integrated corridor management systems;
‘‘(x) advanced parking reservation or variable
pricing systems;’’;
(D) in clause (xi) (as so redesignated)—
(i) by inserting ‘‘, toll collection,’’ after ‘‘pricing’’;
and
(ii) by striking ‘‘or’’ at the end;
(E) by inserting after clause (xi) (as so redesignated)
the following:
‘‘(xii) technology that enhances high occupancy
vehicle toll lanes, cordon pricing, or congestion pricing;
‘‘(xiii) integration of transportation service payment systems;’’;
(F) in clause (xiv) (as so redesignated)—

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(i) by striking ‘‘and access’’ and inserting ‘‘, access,
and on-demand transportation service’’;
(ii) by inserting ‘‘and other shared-use mobility
applications’’ after ‘‘ridesharing’’; and
(iii) by striking the period at the end and inserting
a semicolon; and
(G) by adding at the end the following:
‘‘(xv) retrofitting dedicated short-range communications (DSRC) technology deployed as part of an
existing pilot program to cellular vehicle-to-everything
(C–V2X) technology, subject to the condition that the
retrofitted technology operates only within the existing
spectrum allocations for connected vehicle systems; or
‘‘(xvi) advanced transportation technologies, in
accordance with the research areas described in section
6503 of title 49.’’;
(7) in subparagraph (F)(ii)(IV), by striking ‘‘efficiency and
multimodal system performance’’ and inserting ‘‘mobility, efficiency, multimodal system performance, and payment system
performance’’;
(8) in subparagraph (G)—
(A) by redesignating clauses (vi) through (viii) as
clauses (vii) through (ix), respectively; and
(B) by inserting after clause (v) the following:
‘‘(vi) improved integration of payment systems;’’;
(9) in subparagraph (I)(i), by striking ‘‘fiscal years 2016
through 2020’’ and inserting ‘‘fiscal years 2022 through 2026’’;
(10) in subparagraph (J), by striking ‘‘50’’ and inserting
‘‘80’’; and
(11) in subparagraph (N)—
(A) in the matter preceding clause (i), by striking ‘‘,
the following definitions apply’’;
(B) in clause (i), by striking ‘‘representing a population
of over 200,000’’; and
(C) in clause (iii), in the matter preceding subclause
(I), by striking ‘‘a any’’ and inserting ‘‘any’’.
(c) CENTER OF EXCELLENCE ON NEW MOBILITY AND AUTOMATED
VEHICLES.—Section 503(c) of title 23, United States Code (as
amended by subsection (a)(3)(D)), is amended by adding at the
end the following:
‘‘(6) CENTER OF EXCELLENCE.—
‘‘(A) DEFINITIONS.—In this paragraph:
‘‘(i) HIGHLY AUTOMATED VEHICLE.—The term
‘highly automated vehicle’ means a motor vehicle
that—
‘‘(I) has a taxable gross weight (as defined
in section 41.4482(b)–1 of title 26, Code of Federal
Regulations (or successor regulations)) of 10,000
pounds or less; and
‘‘(II) is equipped with a Level 3, Level 4, or
Level 5 automated driving system (as defined in
the SAE International Recommended Practice
numbered J3016 and dated June 15, 2018 (or a
subsequent standard adopted by the Secretary)).
‘‘(ii) NEW MOBILITY.—The term ‘new mobility’
includes shared services such as—
‘‘(I) docked and dockless bicycles;

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Deadline.

Reports.

Analysis.

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‘‘(II) docked and dockless electric scooters; and
‘‘(III) transportation network companies.
‘‘(B) ESTABLISHMENT.—Not later than 1 year after the
date of enactment of the Surface Transportation Reauthorization Act of 2021, the Secretary shall establish a Center
of Excellence to collect, conduct, and fund research on
the impacts of new mobility and highly automated vehicles
on land use, urban design, transportation, real estate,
equity, and municipal budgets.
‘‘(C) REPORT.—Not later than 1 year after the date
on which the Center of Excellence is established, the Secretary shall submit a report that describes the results
of the research regarding the impacts of new mobility and
highly automated vehicles to the Committees on Environment and Public Works and Commerce, Science, and
Transportation of the Senate and the Committees on
Transportation and Infrastructure and Energy and Commerce of the House of Representatives.
‘‘(D) PARTNERSHIPS.—In establishing the Center of
Excellence under subparagraph (B), the Secretary shall
enter into appropriate partnerships with any institution
of higher education (as defined in section 101 of the Higher
Education Act of 1965 (20 U.S.C. 1001)) or public or private
research entity.’’.
(d) ACCELERATED IMPLEMENTATION AND DEPLOYMENT OF
ADVANCED DIGITAL CONSTRUCTION MANAGEMENT SYSTEMS.—Not
later than 1 year after the date of enactment of this Act, 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 report that
includes—
(1) a description of—
(A) the current status of the use of advanced digital
construction management systems in each State; and
(B) the progress of each State toward accelerating the
adoption of advanced digital construction management systems; and
(2) an analysis of the savings in project delivery time
and project costs that can be achieved through the use of
advanced digital construction management systems.
(e) OPEN CHALLENGE AND RESEARCH PROPOSAL PILOT PROGRAM.—
(1) IN GENERAL.—The Secretary shall establish an open
challenge and research proposal pilot program under which
eligible entities may propose open highway challenges and
research proposals that are linked to identified or potential
research needs.
(2) REQUIREMENTS.—A research proposal submitted to the
Secretary by an eligible entity shall address—
(A) a research need identified by the Secretary or the
Administrator of the Federal Highway Administration; or
(B) an issue or challenge that the Secretary determines
to be important.
(3) ELIGIBLE ENTITIES.—An entity eligible to submit a
research proposal under the pilot program under paragraph
(1) is—
(A) a State;

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(B) a unit of local government;
(C) a university transportation center under section
5505 of title 49, United States Code;
(D) a private nonprofit organization;
(E) a private sector organization working in collaboration with an entity described in subparagraphs (A) through
(D); and
(F) any other individual or entity that the Secretary
determines to be appropriate.
(4) PROJECT REVIEW.—The Secretary shall—
(A) review each research proposal submitted under
the pilot program under paragraph (1); and
(B) provide to the eligible entity a written notice that—
(i) if the research proposal is not selected—
(I) notifies the eligible entity that the research
proposal has not been selected for funding;
(II) provides an explanation as to why the
research proposal was not selected, including if
the research proposal does not cover an area of
need; and
(III) if applicable, recommend that the
research proposal be submitted to another research
program and provide guidance and direction to
the eligible entity and the proposed research program office; and
(ii) if the research proposal is selected, notifies
the eligible entity that the research proposal has been
selected for funding.
(5) FEDERAL SHARE.—
(A) IN GENERAL.—The Federal share of the cost of
an activity carried out under this subsection shall not
exceed 80 percent.
(B) NON-FEDERAL SHARE.—All costs directly incurred
by the non-Federal partners, including personnel, travel,
facility, and hardware development costs, shall be credited
toward the non-Federal share of the cost of an activity
carried out under this subsection.
(f) CONFORMING AMENDMENT.—Section 167 of title 23, United
States Code, is amended—
(1) by striking subsection (h); and
(2) by redesignating subsections (i) through (l) as subsections (h) through (k), respectively.

Notice.

Recommendations.

Notification.

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SEC. 13007. WORKFORCE DEVELOPMENT, TRAINING, AND EDUCATION.

(a) SURFACE TRANSPORTATION WORKFORCE DEVELOPMENT,
TRAINING, AND EDUCATION.—Section 504(e) of title 23, United States
Code, is amended—
(1) in paragraph (1)—
(A) by redesignating subparagraphs (D) through (G)
as subparagraphs (E), (F), (H), and (I), respectively;
(B) by inserting after subparagraph (C) the following:
‘‘(D) pre-apprenticeships, apprenticeships, and career
opportunities for on-the-job training;’’;
(C) in subparagraph (E) (as so redesignated), by
striking ‘‘or community college’’ and inserting ‘‘, college,
community college, or vocational school’’; and

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(D) by inserting after subparagraph (F) (as so redesignated) the following:
‘‘(G) activities associated with workforce training and
employment services, such as targeted outreach and partnerships with industry, economic development organizations, workforce development boards, and labor organizations;’’;
(2) in paragraph (2), by striking ‘‘paragraph (1)(G)’’ and
inserting ‘‘paragraph (1)(I)’’; and
(3) in paragraph (3)—
(A) by striking the period at the end and inserting
a semicolon;
(B) by striking ‘‘including activities’’ and inserting the
following: ‘‘including—
‘‘(A) activities’’; and
(C) by adding at the end the following:
‘‘(B) activities that address current workforce gaps,
such as work on construction projects, of State and local
transportation agencies;
‘‘(C) activities to develop a robust surface transportation workforce with new skills resulting from emerging
transportation technologies; and
‘‘(D) activities to attract new sources of job-creating
investment.’’.
(b) TRANSPORTATION EDUCATION AND TRAINING DEVELOPMENT
AND DEPLOYMENT PROGRAM.—Section 504(f) of title 23, United
States Code, is amended—
(1) in the subsection heading, by striking ‘‘DEVELOPMENT’’
and inserting ‘‘AND TRAINING DEVELOPMENT AND DEPLOYMENT’’;
(2) by striking paragraph (1) and inserting the following:
‘‘(1) ESTABLISHMENT.—The Secretary shall establish a program to make grants to educational institutions or State departments of transportation, in partnership with industry and relevant Federal departments and agencies—
‘‘(A) to develop, test, and review new curricula and
education programs to train individuals at all levels of
the transportation workforce; or
‘‘(B) to implement the new curricula and education
programs to provide for hands-on career opportunities to
meet current and future needs.’’;
(3) in paragraph (2)—
(A) in the matter preceding subparagraph (A), by
striking ‘‘shall’’ and inserting ‘‘may’’;
(B) in subparagraph (A), by inserting ‘‘current or
future’’ after ‘‘specific’’; and
(C) in subparagraph (E)—
(i) by striking ‘‘in nontraditional departments’’;
(ii) by inserting ‘‘construction,’’ after ‘‘such as’’;
and
(iii) by inserting ‘‘or emerging’’ after ‘‘industrial’’;
(4) by redesignating paragraph (3) as paragraph (4); and
(5) by inserting after paragraph (2) the following:
‘‘(3) REPORTING.—The Secretary shall establish minimum
reporting requirements for grant recipients under this subsection, which may include, with respect to a program carried
out with a grant under this subsection—

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‘‘(A) the percentage or number of program participants
that are employed during the second quarter after exiting
the program;
‘‘(B) the percentage or number of program participants
that are employed during the fourth quarter after exiting
the program;
‘‘(C) the median earnings of program participants that
are employed during the second quarter after exiting the
program;
‘‘(D) the percentage or number of program participants
that obtain a recognized postsecondary credential or a secondary school diploma (or a recognized equivalent) during
participation in the program or by not later than 1 year
after exiting the program; and
‘‘(E) the percentage or number of program participants
that, during a program year—
‘‘(i) are in an education or training program that
leads to a recognized postsecondary credential or
employment; and
‘‘(ii) are achieving measurable skill gains toward
such a credential or employment.’’.
(c) USE OF FUNDS.—Section 504 of title 23, United States Code,
is amended by adding at the end the following:
‘‘(i) USE OF FUNDS.—The Secretary may use funds made available to carry out this section to carry out activities related to
workforce development and technical assistance and training if—
‘‘(1) the activities are authorized by another provision of
this title; and
‘‘(2) the activities are for entities other than employees
of the Secretary, such as States, units of local government,
Federal land management agencies, and Tribal governments.’’.

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SEC. 13008. WILDLIFE-VEHICLE COLLISION RESEARCH.

(a) GENERAL AUTHORITIES AND REQUIREMENTS REGARDING
WILDLIFE AND HABITAT.—Section 515(h)(2) of title 23, United States
Code, is amended—
(1) in subparagraph (K), by striking ‘‘and’’ at the end;
(2) by redesignating subparagraphs (D), (E), (F), (G), (H),
(I), (J), (K), and (L) as subparagraphs (E), (F), (G), (H), (I),
(K), (L), (M), and (O), respectively;
(3) by inserting after subparagraph (C) the following:
‘‘(D) a representative from a State, local, or regional
wildlife, land use, or resource management agency;’’;
(4) by inserting after subparagraph (I) (as so redesignated)
the following:
‘‘(J) an academic researcher who is a biological or
ecological scientist with expertise in transportation issues;’’;
and
(5) by inserting after subparagraph (M) (as so redesignated)
the following:
‘‘(N) a representative from a public interest group concerned with the impact of the transportation system on
terrestrial and aquatic species and the habitat of those
species; and’’.
(b) ANIMAL DETECTION SYSTEMS RESEARCH AND DEVELOPMENT.—Section 516(b)(6) of title 23, United States Code, is amended

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by inserting ‘‘, including animal detection systems to reduce the
number of wildlife-vehicle collisions’’ after ‘‘systems’’.
SEC. 13009. TRANSPORTATION RESILIENCE AND ADAPTATION CENTERS OF EXCELLENCE.

(a) IN GENERAL.—Chapter 5 of title 23, United States Code,
is amended by adding at the end the following:
23 USC 520.

Grants.

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Proposal.

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‘‘§ 520. Transportation Resilience and Adaptation Centers of
Excellence
‘‘(a) DEFINITION OF CENTER OF EXCELLENCE.—In this section,
the term ‘Center of Excellence’ means a Center of Excellence for
Resilience and Adaptation designated under subsection (b).
‘‘(b) DESIGNATION.—The Secretary shall designate 10 regional
Centers of Excellence for Resilience and Adaptation and 1 national
Center of Excellence for Resilience and Adaptation, which shall
serve as a coordinator for the regional Centers, to receive grants
to advance research and development that improves the resilience
of regions of the United States to natural disasters and extreme
weather by promoting the resilience of surface transportation infrastructure and infrastructure dependent on surface transportation.
‘‘(c) ELIGIBILITY.—An entity eligible to be designated as a Center
of Excellence is—
‘‘(1) an institution of higher education (as defined in section
102 of the Higher Education Act of 1965 (20 U.S.C. 1002));
or
‘‘(2) a consortium of nonprofit organizations led by an
institution of higher education.
‘‘(d) APPLICATION.—To be eligible to be designated as a Center
of Excellence, an eligible entity shall submit to the Secretary an
application at such time, in such manner, and containing such
information as the Secretary may require, including a proposal
that includes a description of the activities to be carried out with
a grant under this section.
‘‘(e) SELECTION.—
‘‘(1) REGIONAL CENTERS OF EXCELLENCE.—The Secretary
shall designate 1 regional Center of Excellence in each of the
10 Federal regions that comprise the Standard Federal Regions
established by the Office of Management and Budget in the
document entitled ‘Standard Federal Regions’ and dated April
1974 (circular A–105).
‘‘(2) NATIONAL CENTER OF EXCELLENCE.—The Secretary
shall designate 1 national Center of Excellence to coordinate
the activities of all 10 regional Centers of Excellence to minimize duplication and promote coordination and dissemination
of research among the Centers.
‘‘(3) CRITERIA.—In selecting eligible entities to designate
as a Center of Excellence, the Secretary shall consider—
‘‘(A) the past experience and performance of the eligible
entity in carrying out activities described in subsection
(g);
‘‘(B) the merits of the proposal of an eligible entity
and the extent to which the proposal would—
‘‘(i) advance the state of practice in resilience planning and identify innovative resilience solutions for
transportation assets and systems;

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135 STAT. 643

‘‘(ii) support activities carried out under the PROTECT program under section 176;
‘‘(iii) support and build on work being carried out
by another Federal agency relating to resilience;
‘‘(iv) inform transportation decisionmaking at all
levels of government;
‘‘(v) engage local, regional, Tribal, State, and
national stakeholders, including, if applicable, stakeholders representing transportation, transit, urban,
and land use planning, natural resources, environmental protection, hazard mitigation, and emergency
management; and
‘‘(vi) engage community groups and other stakeholders that will be affected by transportation
decisions, including underserved, economically disadvantaged, rural, and predominantly minority
communities; and
‘‘(C) the local, regional, Tribal, State, and national
impacts of the proposal of the eligible entity.
‘‘(f) GRANTS.—Subject to the availability of appropriations, the
Secretary shall provide to each Center of Excellence a grant of
not less than $5,000,000 for each of fiscal years 2022 through
2031 to carry out the activities described in subsection (g).
‘‘(g) ACTIVITIES.—In carrying out this section, the Secretary
shall ensure that a Center of Excellence uses the funds from a
grant under subsection (f) to promote resilient transportation infrastructure, including through—
‘‘(1) supporting climate vulnerability assessments informed
by climate change science, including national climate assessments produced by the United States Global Change Research
Program under section 106 of the Global Change Research
Act of 1990 (15 U.S.C. 2936), relevant feasibility analyses of
resilient transportation improvements, and transportation resilience planning;
‘‘(2) development of new design, operations, and maintenance standards for transportation infrastructure that can
inform Federal and State decisionmaking;
‘‘(3) research and development of new materials and technologies that could be integrated into existing and new
transportation infrastructure;
‘‘(4) development, refinement, and piloting of new and
emerging resilience improvements and strategies, including natural infrastructure approaches and relocation;
‘‘(5) development of and investment in new approaches
for facilitating meaningful engagement in transportation
decisionmaking by local, Tribal, regional, or national stakeholders and communities;
‘‘(6) technical capacity building to facilitate the ability of
local, regional, Tribal, State, and national stakeholders—
‘‘(A) to assess the vulnerability of transportation infrastructure assets and systems;
‘‘(B) to develop community response strategies;
‘‘(C) to meaningfully engage with community stakeholders; and
‘‘(D) to develop strategies and improvements for
enhancing transportation infrastructure resilience under

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Time period.

Assessment.

Strategies.

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135 STAT. 644

Assessments.

23 USC 501 prec.

PUBLIC LAW 117–58—NOV. 15, 2021

current conditions and a range of potential future conditions;
‘‘(7) workforce development and training;
‘‘(8) development and dissemination of data, tools, techniques, assessments, and information that informs Federal,
State, Tribal, and local government decisionmaking, policies,
planning, and investments;
‘‘(9) education and outreach regarding transportation infrastructure resilience; and
‘‘(10) technology transfer and commercialization.
‘‘(h) FEDERAL SHARE.—The Federal share of the cost of an
activity under this section, including the costs of establishing and
operating a Center of Excellence, shall be 50 percent.’’.
(b) CLERICAL AMENDMENT.—The analysis for chapter 5 of title
23, United States Code, is amended by adding at the end the
following:
‘‘520. Transportation Resilience and Adaptation Centers of Excellence.’’.

23 USC 134 note.

Deadline.

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Contracts.
Data.

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SEC. 13010. TRANSPORTATION ACCESS PILOT PROGRAM.

(a) DEFINITIONS.—In this section:
(1) METROPOLITAN PLANNING ORGANIZATION.—The term
‘‘metropolitan planning organization’’ has the meaning given
the term in section 134(b) of title 23, United States Code.
(2) STATE.—The term ‘‘State’’ has the meaning given the
term in section 101(a) of title 23, United States Code.
(3) SURFACE TRANSPORTATION MODES.—The term ‘‘surface
transportation modes’’ means—
(A) driving;
(B) public transportation;
(C) walking;
(D) cycling; and
(E) a combination of any of the modes of transportation
described in subparagraphs (A) through (D).
(4) PILOT PROGRAM.—The term ‘‘pilot program’’ means the
transportation pilot program established under subsection (b).
(5) REGIONAL TRANSPORTATION PLANNING ORGANIZATION.—
The term ‘‘regional transportation planning organization’’ has
the meaning given the term in section 134(b) of title 23, United
States Code.
(b) ESTABLISHMENT.—Not later than 1 year after the date of
enactment of this Act, the Secretary shall establish a transportation
pilot program.
(c) PURPOSE.—The purpose of the pilot program is to develop
or procure an accessibility data set and make that data set available
to each eligible entity selected to participate in the pilot program—
(1) to improve the transportation planning of those eligible
entities by—
(A) measuring the level of access by surface transportation modes to important destinations, which may
include—
(i) jobs;
(ii) health care facilities;
(iii) child care services;
(iv) educational and workforce training facilities;
(v) housing;
(vi) food sources;

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(vii) points within the supply chain for freight
commodities;
(viii) domestic or international markets; and
(ix) connections between surface transportation
modes; and
(B) disaggregating the level of access by surface
transportation modes by a variety of—
(i) population categories, which may include—
(I) low-income populations;
(II) minority populations;
(III) age;
(IV) disability; and
(V) geographical location; or
(ii) freight commodities, which may include—
(I) agricultural commodities;
(II) raw materials;
(III) finished products; and
(IV) energy commodities; and
(2) to assess the change in accessibility that would result
from new transportation investments.
(d) ELIGIBLE ENTITIES.—An entity eligible to participate in
the pilot program is—
(1) a State;
(2) a metropolitan planning organization; or
(3) a regional transportation planning organization.
(e) APPLICATION.—To be eligible to participate in the pilot program, an eligible entity shall submit to the Secretary an application
at such time, in such manner, and containing such information
as the Secretary may require, including information relating to—
(1) previous experience of the eligible entity measuring
transportation access or other performance management experience, if applicable;
(2) the types of important destinations to which the eligible
entity intends to measure access;
(3) the types of data disaggregation the eligible entity
intends to pursue;
(4) a general description of the methodology the eligible
entity intends to apply; and
(5) if the applicant does not intend the pilot program to
apply to the full area under the jurisdiction of the applicant,
a description of the geographic area in which the applicant
intends the pilot program to apply.
(f) SELECTION.—
(1) IN GENERAL.—The Secretary shall seek to achieve diversity of participants in the pilot program by selecting a range
of eligible entities that shall include—
(A) States;
(B) metropolitan planning organizations that serve an
area with a population of 200,000 people or fewer;
(C) metropolitan planning organizations that serve an
area with a population of over 200,000 people; and
(D) regional transportation planning organizations.
(2) INCLUSIONS.—The Secretary shall seek to ensure that,
among the eligible entities selected under paragraph (1), there
is—
(A) a range of capacity and previous experience with
measuring transportation access; and

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135 STAT. 646

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(B) a variety of proposed methodologies and focus areas
for measuring level of access.
(g) DUTIES.—For each eligible entity participating in the pilot
program, the Secretary shall—
(1) develop or acquire an accessibility data set described
in subsection (c); and
(2) submit the data set to the eligible entity.
(h) METHODOLOGY.—In calculating the measures for the data
set under the pilot program, the Secretary shall ensure that methodology is open source.
(i) AVAILABILITY.—The Secretary shall make an accessibility
data set under the pilot program available to—
(1) units of local government within the jurisdiction of
the eligible entity participating in the pilot program; and
(2) researchers.
(j) REPORT.—Not later than 2 years after the date of enactment
of this Act, and every 2 years thereafter, 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 report on the results of the pilot program, including the feasibility of developing and providing periodic
accessibility data sets for all States, regions, and localities.
(k) TRANSPORTATION SYSTEM ACCESS.—
(1) IN GENERAL.—The Secretary shall establish consistent
measures that States, metropolitan planning organizations, and
regional transportation planning organizations may choose to
adopt to assess the level of safe and convenient access by
surface transportation modes to important destinations as
described in subsection (c)(1)(A).
(2) SAVINGS PROVISION.—Nothing in this section provides
the Secretary the authority—
(A) to establish a performance measure or require
States or metropolitan planning organizations to set a
performance target for access as described in paragraph
(1); or
(B) to establish any other Federal requirement.
(l) FUNDING.—The Secretary shall carry out the pilot program
using amounts made available to the Secretary for administrative
expenses to carry out programs under the authority of the Secretary.
(m) SUNSET.—The pilot program shall terminate on the date
that is 8 years after the date on which the pilot program is implemented.

TITLE IV—INDIAN AFFAIRS
23 USC 202 note.

SEC. 14001. DEFINITION OF SECRETARY.

In this title, the term ‘‘Secretary’’ means the Secretary of the
Interior.

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23 USC 202 note.

SEC.

14002.

ENVIRONMENTAL REVIEWS FOR
TRANSPORTATION FACILITIES.

CERTAIN

TRIBAL

(a) DEFINITION OF TRIBAL TRANSPORTATION SAFETY PROJECT.—
(1) IN GENERAL.—In this section, the term ‘‘tribal transportation safety project’’ means a project described in paragraph
(2) that is eligible for funding under section 202 of title 23,
United States Code.

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135 STAT. 647

(2) PROJECT DESCRIBED.—A project described in this paragraph is a project that corrects or improves a hazardous road
location or feature or addresses a highway safety problem
through 1 or more of the activities described in any of the
clauses under section 148(a)(4)(B) of title 23, United States
Code.
(b) REVIEWS OF TRIBAL TRANSPORTATION SAFETY PROJECTS.—
(1) IN GENERAL.—The Secretary or the Secretary of
Transportation, as applicable, or the head of another Federal
agency responsible for a decision related to a tribal transportation safety project shall complete any approval or decision
for the review of the tribal transportation safety project
required under the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.) or any other applicable Federal law
on an expeditious basis using the shortest existing applicable
process.
(2) REVIEW OF APPLICATIONS.—Not later than 45 days after
the date of receipt of a complete application by an Indian
tribe for approval of a tribal transportation safety project, the
Secretary or the Secretary of Transportation, as applicable,
shall—
(A) take final action on the application; or
(B) provide the Indian tribe a schedule for completion
of the review described in paragraph (1), including the
identification of any other Federal agency that has jurisdiction with respect to the project.
(3) DECISIONS UNDER OTHER FEDERAL LAWS.—In any case
in which a decision under any other Federal law relating to
a tribal transportation safety project (including the issuance
or denial of a permit or license) is required, not later than
45 days after the Secretary or the Secretary of Transportation,
as applicable, has made all decisions of the lead agency under
the National Environmental Policy Act of 1969 (42 U.S.C. 4321
et seq.) with respect to the project, the head of the Federal
agency responsible for the decision shall—
(A) make the applicable decision; or
(B) provide the Indian tribe a schedule for making
the decision.
(4) EXTENSIONS.—The Secretary or the Secretary of
Transportation, as applicable, or the head of the Federal agency
may extend the period under paragraph (2) or (3), as applicable,
by an additional 30 days by providing the Indian tribe notice
of the extension, including a statement of the need for the
extension.
(5) NOTIFICATION AND EXPLANATION.—In any case in which
a required action is not completed by the deadline under paragraph (2), (3), or (4), as applicable, the Secretary, the Secretary
of Transportation, or the head of a Federal agency, as
applicable, shall—
(A) notify the Committees on Indian Affairs and
Environment and Public Works of the Senate and the Committee on Natural Resources of the House of Representatives of the failure to comply with the deadline; and
(B) provide to the Committees described in subparagraph (A) a detailed explanation of the reasons for the
failure to comply with the deadline.

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Deadline.

Schedule.

Deadline.

Schedule.
Time period.
Notice.

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135 STAT. 648

PUBLIC LAW 117–58—NOV. 15, 2021

Contracts.
23 USC 202 note.

SEC. 14003. PROGRAMMATIC AGREEMENTS FOR TRIBAL CATEGORICAL
EXCLUSIONS.

Procedures.
Reviews.

(a) IN GENERAL.—The Secretary and the Secretary of Transportation shall enter into programmatic agreements with Indian tribes
that establish efficient administrative procedures for carrying out
environmental reviews for projects eligible for assistance under
section 202 of title 23, United States Code.
(b) INCLUSIONS.—A programmatic agreement under subsection
(a)—
(1) may include an agreement that allows an Indian tribe
to determine, on behalf of the Secretary and the Secretary
of Transportation, whether a project is categorically excluded
from the preparation of an environmental assessment or
environmental impact statement under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); and
(2) shall—
(A) require that the Indian tribe maintain adequate
capability in terms of personnel and other resources to
carry out applicable agency responsibilities pursuant to
section 1507.2 of title 40, Code of Federal Regulations
(or successor regulations);
(B) set forth the responsibilities of the Indian tribe
for making categorical exclusion determinations, documenting the determinations, and achieving acceptable
quality control and quality assurance;
(C) allow—
(i) the Secretary and the Secretary of Transportation to monitor compliance of the Indian tribe with
the terms of the agreement; and
(ii) the Indian tribe to execute any needed corrective action;
(D) contain stipulations for amendments, termination,
and public availability of the agreement once the agreement
has been executed; and
(E) have a term of not more than 5 years, with an
option for renewal based on a review by the Secretary
and the Secretary of Transportation of the performance
of the Indian tribe.

Determination.

Requirements.

Determinations.

Time period.
Review.

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SEC. 14004. USE OF CERTAIN TRIBAL TRANSPORTATION FUNDS.

Section 202(d) of title 23, United States Code, is amended
by striking paragraph (2) and inserting the following:
‘‘(2) USE OF FUNDS.—Funds made available to carry out
this subsection shall be used—
‘‘(A) to carry out any planning, design, engineering,
preconstruction, construction, and inspection of new or
replacement tribal transportation facility bridges;
‘‘(B) to replace, rehabilitate, seismically retrofit, paint,
apply calcium magnesium acetate, sodium acetate/formate,
or other environmentally acceptable, minimally corrosive
anti-icing and deicing composition; or
‘‘(C) to implement any countermeasure for tribal
transportation facility bridges classified as in poor condition, having a low load capacity, or needing geometric
improvements, including multiple-pipe culverts.’’.

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PUBLIC LAW 117–58—NOV. 15, 2021

135 STAT. 649

SEC. 14005. BUREAU OF INDIAN AFFAIRS ROAD MAINTENANCE PROGRAM.

There are authorized to be appropriated to the Director of
the Bureau of Indian Affairs to carry out the road maintenance
program of the Bureau—
(1) $50,000,000 for fiscal year 2022;
(2) $52,000,000 for fiscal year 2023;
(3) $54,000,000 for fiscal year 2024;
(4) $56,000,000 for fiscal year 2025; and
(5) $58,000,000 for fiscal year 2026.

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SEC. 14006. STUDY OF ROAD MAINTENANCE ON INDIAN LAND.

(a) DEFINITIONS.—In this section:
(1) INDIAN LAND.—The term ‘‘Indian land’’ has the meaning
given the term ‘‘Indian lands’’ in section 3 of the Native American Business Development, Trade Promotion, and Tourism
Act of 2000 (25 U.S.C. 4302).
(2) INDIAN TRIBE.—The term ‘‘Indian tribe’’ has the meaning
given the term in section 4 of the Indian Self-Determination
and Education Assistance Act (25 U.S.C. 5304).
(3) ROAD.—The term ‘‘road’’ means a road managed in
whole or in part by the Bureau of Indian Affairs.
(4) SECRETARY.—The term ‘‘Secretary’’ means the Secretary, acting through the Assistant Secretary for Indian
Affairs.
(b) STUDY.—Not later than 2 years after the date of enactment
of this Act, the Secretary, in consultation with the Secretary of
Transportation, shall carry out a study to evaluate—
(1) the long-term viability and useful life of existing roads
on Indian land;
(2) any steps necessary to achieve the goal of addressing
the deferred maintenance backlog of existing roads on Indian
land;
(3) programmatic reforms and performance enhancements
necessary to achieve the goal of restructuring and streamlining
road maintenance programs on existing or future roads located
on Indian land; and
(4) recommendations on how to implement efforts to coordinate with States, counties, municipalities, and other units of
local government to maintain roads on Indian land.
(c) TRIBAL CONSULTATION AND INPUT.—Before beginning the
study under subsection (b), the Secretary shall—
(1) consult with any Indian tribes that have jurisdiction
over roads eligible for funding under the road maintenance
program of the Bureau of Indian Affairs; and
(2) solicit and consider the input, comments, and recommendations of the Indian tribes described in paragraph (1).
(d) REPORT.—On completion of the study under subsection (b),
the Secretary, in consultation with the Secretary of Transportation,
shall submit to the Committees on Indian Affairs and Environment
and Public Works of the Senate and the Committees on Natural
Resources and Transportation and Infrastructure of the House of
Representatives a report on the results and findings of the study.
(e) STATUS REPORT.—Not later than 2 years after the date
of enactment of this Act, and not less frequently than every 2
years thereafter, the Secretary, in consultation with the Secretary
of Transportation, shall submit to the Committees on Indian Affairs

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23 USC 202 note.

Deadline.
Consultation.
Evaluation.

Recommendations.

Consultation.

Consultation.

PUBL058

135 STAT. 650

Assessment.
Plan.
Recommendations.
Determination.
Transfer
authority.
23 USC 202 note.

PUBLIC LAW 117–58—NOV. 15, 2021

and Environment and Public Works of the Senate and the Committees on Natural Resources and Transportation and Infrastructure
of the House of Representatives a report that includes a description
of—
(1) the progress made toward addressing the deferred
maintenance needs of the roads on Indian land, including a
list of projects funded during the fiscal period covered by the
report;
(2) the outstanding needs of the roads that have been
provided funding to address the deferred maintenance needs;
(3) the remaining needs of any of the projects referred
to in paragraph (1);
(4) how the goals described in subsection (b) have been
met, including—
(A) an identification and assessment of any deficiencies
or shortfalls in meeting the goals; and
(B) a plan to address the deficiencies or shortfalls
in meeting the goals; and
(5) any other issues or recommendations provided by an
Indian tribe under the consultation and input process under
subsection (c) that the Secretary determines to be appropriate.
SEC. 14007. MAINTENANCE OF CERTAIN INDIAN RESERVATION ROADS.

The Commissioner of U.S. Customs and Border Protection may
transfer funds to the Director of the Bureau of Indian Affairs
to maintain, repair, or reconstruct roads under the jurisdiction
of the Director, subject to the condition that the Commissioner
and the Director shall mutually agree that the primary user of
the subject road is U.S. Customs and Border Protection.
SEC. 14008. TRIBAL TRANSPORTATION SAFETY NEEDS.

23 USC 202 note.

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Deadline.
Consultation.

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(a) DEFINITIONS.—In this section:
(1) ALASKA NATIVE.—The term ‘‘Alaska Native’’ has the
meaning given the term ‘‘Native’’ in section 3 of the Alaska
Native Claims Settlement Act (43 U.S.C. 1602).
(2) ALASKA NATIVE VILLAGE.—The term ‘‘Alaska Native village’’ has the meaning given the term ‘‘Native village’’ in section
3 of the Alaska Native Claims Settlement Act (43 U.S.C. 1602).
(3) INDIAN TRIBE.—The term ‘‘Indian tribe’’ has the meaning
given the term in section 4 of the Indian Self-Determination
and Education Assistance Act (25 U.S.C. 5304).
(b) BEST PRACTICES, STANDARDIZED CRASH REPORT FORM.—
(1) IN GENERAL.—Not later than 1 year after the date
of enactment of this Act, the Secretary of Transportation, in
consultation with the Secretary, Indian tribes, Alaska Native
villages, and State departments of transportation shall
develop—
(A) best practices for the compiling, analysis, and
sharing of motor vehicle crash data for crashes occurring
on Indian reservations and in Alaska Native communities;
and
(B) a standardized form for use by Indian tribes and
Alaska Native communities to carry out those best practices.
(2) PURPOSE.—The purpose of the best practices and
standardized form developed under paragraph (1) shall be to
improve the quality and quantity of crash data available to

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PUBLIC LAW 117–58—NOV. 15, 2021

135 STAT. 651

and used by the Federal Highway Administration, State departments of transportation, Indian tribes, and Alaska Native villages.
(3) REPORT.—On completion of the development of the best
practices and standardized form under paragraph (1), the Secretary of Transportation shall submit to the Committees on
Indian Affairs and Environment and Public Works of the Senate
and the Committees on Natural Resources and Transportation
and Infrastructure of the House of Representatives a report
describing the best practices and standardized form.
(c) USE OF IMARS.—The Director of the Bureau of Indian
Affairs shall require all law enforcement offices of the Bureau,
for the purpose of reporting motor vehicle crash data for crashes
occurring on Indian reservations and in Alaska Native communities—
(1) to use the crash report form of the applicable State;
and
(2) to upload the information on that form to the Incident
Management Analysis and Reporting System (IMARS) of the
Department of the Interior.
(d) TRIBAL TRANSPORTATION PROGRAM SAFETY FUNDING.—Section 202(e)(1) of title 23, United States Code, is amended by striking
‘‘2 percent’’ and inserting ‘‘4 percent’’.

Requirements.

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SEC. 14009. OFFICE OF TRIBAL GOVERNMENT AFFAIRS.

Section 102 of title 49, United States Code, is amended—
(1) in subsection (e)(1)—
(A) in the matter preceding subparagraph (A), by
striking ‘‘6 Assistant’’ and inserting ‘‘7 Assistant’’;
(B) in subparagraph (C), by striking ‘‘and’’ after the
semicolon;
(C) by redesignating subparagraph (D) as subparagraph (E); and
(D) by inserting after subparagraph (C) the following:
‘‘(D) an Assistant Secretary for Tribal Government
Affairs, who shall be appointed by the President; and’’;
and
(2) in subsection (f), by striking the subsection designation
and heading and all that follows through the end of paragraph
(1) and inserting the following:
‘‘(f) OFFICE OF TRIBAL GOVERNMENT AFFAIRS.—
‘‘(1) ESTABLISHMENT.—There is established in the Department an Office of Tribal Government Affairs, under the Assistant Secretary for Tribal Government Affairs—
‘‘(A) to oversee the tribal self-governance program
under section 207 of title 23;
‘‘(B) to plan, coordinate, and implement policies and
programs serving Indian Tribes and Tribal organizations;
‘‘(C) to coordinate Tribal transportation programs and
activities in all offices and administrations of the Department; and
‘‘(D) to be a participant in any negotiated rulemakings
relating to, or having an impact on, projects, programs,
or funding associated with the Tribal transportation program under section 202 of title 23.’’.

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135 STAT. 652
Surface
Transportation
Investment Act
of 2021.
49 USC 101 note.

PUBLIC LAW 117–58—NOV. 15, 2021

DIVISION
B—SURFACE
TRANSPORTATION INVESTMENT ACT OF 2021
SEC. 20001. SHORT TITLE.

This division may be cited as the ‘‘Surface Transportation
Investment Act of 2021’’.
49 USC 101 note.

SEC. 20002. DEFINITIONS.

In this division:
(1) DEPARTMENT.—The term ‘‘Department’’ means the
Department of Transportation.
(2) SECRETARY.—The term ‘‘Secretary’’ means the Secretary
of Transportation.

TITLE I—MULTIMODAL AND FREIGHT
TRANSPORTATION
Subtitle A—Multimodal Freight Policy
SEC. 21101. OFFICE OF MULTIMODAL FREIGHT INFRASTRUCTURE AND
POLICY.

(a) IN GENERAL.—Chapter 1 of title 49, United States Code,
is amended by adding at the end the following:

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49 USC 118.

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‘‘§ 118. Office of Multimodal Freight Infrastructure and
Policy
‘‘(a) DEFINITIONS.—In this section:
‘‘(1) DEPARTMENT.—The term ‘Department’ means the
Department of Transportation.
‘‘(2) FREIGHT OFFICE.—The term ‘Freight Office’ means the
Office of Multimodal Freight Infrastructure and Policy established under subsection (b).
‘‘(3) SECRETARY.—The term ‘Secretary’ means the Secretary
of Transportation.
‘‘(b) ESTABLISHMENT.—The Secretary shall establish within the
Department an Office of Multimodal Freight Infrastructure and
Policy.
‘‘(c) PURPOSES.—The purposes of the Freight Office shall be—
‘‘(1) to carry out the national multimodal freight policy
described in section 70101;
‘‘(2) to administer and oversee certain multimodal freight
grant programs within the Department in accordance with
subsection (d);
‘‘(3) to promote and facilitate the sharing of information
between the private and public sectors with respect to freight
issues;
‘‘(4) to conduct research on improving multimodal freight
mobility, and to oversee the freight research activities of the
various agencies within the Department;
‘‘(5) to assist cities and States in developing freight mobility
and supply chain expertise;
‘‘(6) to liaise and coordinate with other Federal departments
and agencies; and

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135 STAT. 653

‘‘(7) to carry out other duties, as prescribed by the Secretary.
‘‘(d) ADMINISTRATION OF POLICIES AND PROGRAMS.—The Freight
Office shall—
‘‘(1) develop and manage—
‘‘(A) the national freight strategic plan described in
section 70102; and
‘‘(B) the National Multimodal Freight Network established under section 70103;
‘‘(2)(A) oversee the development and updating of the State
freight plans described in section 70202; and
‘‘(B) provide guidance or best practices relating to the
development and updating of State freight plans under that
section;
‘‘(3)(A) administer multimodal freight grant programs,
including multimodal freight grants established under section
117 of title 23; and
‘‘(B) establish procedures for analyzing and evaluating
applications for grants under those programs;
‘‘(4) assist States in the establishment of—
‘‘(A) State freight advisory committees under section
70201; and
‘‘(B) multi-State freight mobility compacts under section 70204; and
‘‘(5) provide to the Bureau of Transportation Statistics input
regarding freight data and planning tools.
‘‘(e) ASSISTANT SECRETARY.—
‘‘(1) IN GENERAL.—The Freight Office shall be headed by
an Assistant Secretary for Multimodal Freight, who shall—
‘‘(A) be appointed by the President, by and with the
advice and consent of the Senate; and
‘‘(B) have professional standing and demonstrated
knowledge in the field of freight transportation.
‘‘(2) DUTIES.—The Assistant Secretary shall—
‘‘(A) report to the Under Secretary of Transportation
for Policy;
‘‘(B) be responsible for the management and oversight
of the activities, decisions, operations, and personnel of
the Freight Office;
‘‘(C) work with the modal administrations of the
Department to encourage multimodal collaboration; and
‘‘(D) carry out such additional duties as the Secretary
may prescribe.
‘‘(f) CONSOLIDATION AND ELIMINATION OF DUPLICATIVE
OFFICES.—
‘‘(1) CONSOLIDATION OF OFFICES AND OFFICE FUNCTIONS.—
The Secretary may consolidate into the Freight Office any
office or office function within the Department that the Secretary determines has duties, responsibilities, resources, or
expertise that support the purposes of the Freight Office.
‘‘(2) ELIMINATION OF OFFICES.—The Secretary may eliminate any office within the Department if the Secretary determines that—
‘‘(A) the purposes of the office are duplicative of the
purposes of the Freight Office;

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Procedures.

Appointment.
President.

Determinations.

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135 STAT. 654

Determination.

Coordination.

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Public
information.

Requirements.

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PUBLIC LAW 117–58—NOV. 15, 2021
‘‘(B) the office or the functions of the office have been
substantially consolidated with the Freight Office pursuant
to paragraph (1);
‘‘(C) the elimination of the office will not adversely
affect the requirements of the Secretary under any Federal
law; and
‘‘(D) the elimination of the office will improve the efficiency and effectiveness of the programs and functions
conducted by the office.
‘‘(g) STAFFING AND BUDGETARY RESOURCES.—
‘‘(1) IN GENERAL.—The Secretary shall ensure that the
Freight Office is adequately staffed and funded.
‘‘(2) STAFFING.—
‘‘(A) TRANSFER OF POSITIONS TO FREIGHT OFFICE.—Subject to subparagraph (B), the Secretary may transfer to
the Freight Office any position within any other office
of the Department if the Secretary determines that the
position is necessary to carry out the purposes of the
Freight Office.
‘‘(B) REQUIREMENT.—If the Secretary transfers a position to the Freight Office pursuant to subparagraph (A),
the Secretary, in coordination with the appropriate modal
administration of the Department, shall ensure that the
transfer of the position does not adversely affect the
requirements of the modal administration under any Federal law.
‘‘(3) BUDGETARY RESOURCES.—
‘‘(A) TRANSFER OF FUNDS FROM CONSOLIDATED OR
ELIMINATED OFFICES.—
‘‘(i) IN GENERAL.—To carry out the purposes of
the Freight Office, the Secretary may transfer to the
Freight Office from any office or office function that
is consolidated or eliminated under subsection (f) any
funds allocated for the consolidated or eliminated office
or office function.
‘‘(ii) RETRANSFER.—Any portion of any funds or
limitations of obligations transferred to the Freight
Office pursuant to clause (i) may be transferred back
to, and merged with, the original account.
‘‘(B) TRANSFER OF FUNDS ALLOCATED FOR ADMINISTRATIVE COSTS.—
‘‘(i) IN GENERAL.—The Secretary may transfer to
the Freight Office any funds allocated for the administrative costs of the programs referred to in subsection
(d)(3).
‘‘(ii) RETRANSFER.—Any portion of any funds or
limitations of obligations transferred to the Freight
Office pursuant to clause (i) may be transferred back
to, and merged with, the original account.
‘‘(h) WEBSITE.—
‘‘(1) DESCRIPTION OF FREIGHT OFFICE.—The Secretary shall
make publicly available on the website of the Department a
description of the Freight Office, including a description of—
‘‘(A) the programs managed or made available by the
Freight Office; and
‘‘(B) the eligibility requirements for those programs.

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PUBLIC LAW 117–58—NOV. 15, 2021

135 STAT. 655

‘‘(2) CLEARINGHOUSE.—The Secretary may establish a
clearinghouse for tools, templates, guidance, and best practices
on a page of the website of the Department that supports
the purposes of this section.
‘‘(i) NOTIFICATION TO CONGRESS.—Not later than 1 year after
the date of enactment of this section, and not less frequently than
once every 180 days thereafter until the date on which the Secretary
determines that the requirements of this section have been met,
the Secretary shall submit to the Committee on Commerce, Science,
and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a notification that—
‘‘(1) describes—
‘‘(A) the programs and activities administered or overseen by the Freight Office; and
‘‘(B) the status of those programs and activities;
‘‘(2) identifies—
‘‘(A) the number of employees working in the Freight
Office as of the date of the notification;
‘‘(B) the total number of employees expected to join
the Freight Office to support the programs and activities
described in paragraph (1); and
‘‘(C) the total number of positions that, as a result
of the consolidation of offices under this section, were—
‘‘(i) eliminated; or
‘‘(ii) transferred, assigned, or joined to the Freight
Office;
‘‘(3)(A) indicates whether the Secretary has consolidated
into the Freight Office any office or office function pursuant
to subsection (f)(1); and
‘‘(B) if the Secretary has consolidated such an office or
function, describes the rationale for the consolidation;
‘‘(4)(A) indicates whether the Secretary has eliminated any
office pursuant to subsection (f)(2); and
‘‘(B) if the Secretary has eliminated such an office, describes
the rationale for the elimination;
‘‘(5) describes any other actions carried out by the Secretary
to implement this section; and
‘‘(6) describes any recommendations of the Secretary for
legislation that may be needed to further implement this section.
‘‘(j) SAVINGS PROVISIONS.—
‘‘(1) EFFECT ON OTHER LAW.—Except as otherwise provided
in this section, nothing in this section alters or affects any
law (including regulations) with respect to a program referred
to in subsection (d).
‘‘(2) EFFECT ON RESPONSIBILITIES OF OTHER AGENCIES.—
Except as otherwise provided in this section, nothing in this
section abrogates the responsibilities of any agency, operating
administration, or office within the Department that is otherwise charged by law (including regulations) with any aspect
of program administration, oversight, or project approval or
implementation with respect to a program or project subject
to the responsibilities of the Freight Office under this section.
‘‘(3) EFFECT ON PENDING APPLICATIONS.—Nothing in this
section affects any pending application under a program
referred to in subsection (d) that was received by the Secretary

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Deadline.
Time period.
Determination.

Recommendations.

PUBL058

135 STAT. 656

Recommendations.

49 USC 101 prec.

PUBLIC LAW 117–58—NOV. 15, 2021

on or before the date of enactment of the Surface Transportation
Investment Act of 2021.
‘‘(k) AUTHORIZATION OF APPROPRIATIONS.—
‘‘(1) IN GENERAL.—There are authorized to be appropriated
to the Secretary such sums as are necessary to carry out
this section.
‘‘(2) CERTAIN ACTIVITIES.—Authorizations under subsections
(f) and (g) are subject to appropriations.’’.
(b) GAO REVIEW.—The Comptroller General of the United
States shall—
(1) conduct a review of the activities carried out by the
Secretary pursuant to section 118 of title 49, United States
Code; and
(2) develop recommendations regarding additional activities—
(A) to improve the consolidation of duplicative functions
within the Department; and
(B) to promote increased staff efficiency for program
management within the Department.
(c) CLERICAL AMENDMENT.—The analysis for chapter 1 of title
49, United States Code, is amended by inserting after the item
relating to section 117 the following:

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‘‘118. Office of Multimodal Freight Infrastructure and Policy.’’.

(d) CONFORMING AMENDMENTS.—
(1) Section 70101(c) of title 49, United States Code, is
amended, in the matter preceding paragraph (1), by striking
‘‘Under Secretary of Transportation for Policy’’ and inserting
‘‘Assistant Secretary for Multimodal Freight’’.
(2) Section 70102 of title 49, United States Code, is
amended—
(A) in subsection (a), in the matter preceding paragraph
(1), by striking ‘‘Not later’’ and all that follows through
‘‘the Under Secretary of Transportation for Policy’’ and
inserting ‘‘The Assistant Secretary for Multimodal Freight
(referred to in this section as the ‘Assistant Secretary’)’’;
(B) in subsection (b)(4), in the matter preceding
subparagraph (A), by striking ‘‘Under Secretary’’ and
inserting ‘‘Assistant Secretary’’;
(C) in subsection (c), by striking ‘‘Under Secretary’’
and inserting ‘‘Assistant Secretary’’; and
(D) in subsection (d), in the matter preceding paragraph (1), by striking ‘‘Under Secretary’’ and inserting
‘‘Assistant Secretary’’.
(3) Section 70103 of title 49, United States Code, is
amended—
(A) in subsection (a), in the matter preceding paragraph
(1), by striking ‘‘Under Secretary of Transportation for
Policy’’ and inserting ‘‘Assistant Secretary for Multimodal
Freight (referred to in this section as the ‘Assistant Secretary’)’’;
(B) by striking subsection (b);
(C) by redesignating subsections (c) and (d) as subsections (b) and (c), respectively;
(D) in subsection (b) (as so redesignated)—
(i) in the subsection heading, by striking ‘‘FINAL
NETWORK’’ and inserting ‘‘DESIGNATION OF NATIONAL
MULTIMODAL FREIGHT NETWORK’’;

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PUBLIC LAW 117–58—NOV. 15, 2021

135 STAT. 657

(ii) in paragraph (1), in the matter preceding
subparagraph (A), by striking ‘‘Not later’’ and all that
follows through ‘‘Under Secretary’’ and inserting ‘‘The
Assistant Secretary’’;
(iii) in paragraph (2), in the matter preceding
subparagraph (A), by striking ‘‘Under Secretary’’ and
inserting ‘‘Assistant Secretary’’; and
(iv) in paragraph (3), in the matter preceding
subparagraph (A), by striking ‘‘Under Secretary’’ and
inserting ‘‘Assistant Secretary’’; and
(E) in subsection (c) (as so redesignated)—
(i) by striking ‘‘subsection (c)’’ each place it appears
and inserting ‘‘subsection (b)’’; and
(ii) by striking ‘‘Under Secretary’’ and inserting
‘‘Assistant Secretary’’.
(4) Section 116(d)(1) of title 49, United States Code, is
amended by striking subparagraph (D).
SEC. 21102. UPDATES TO NATIONAL FREIGHT PLAN.

Section 70102(b) of title 49, United States Code, is amended—
(1) in paragraph (10), by striking ‘‘and’’ at the end;
(2) in paragraph (11), by striking the period at the end
and inserting a semicolon; and
(3) by adding at the end the following:
‘‘(12) best practices for reducing environmental impacts
of freight movement (including reducing local air pollution from
freight movement, stormwater runoff, and wildlife habitat loss
resulting from freight facilities, freight vehicles, or freight
activity);
‘‘(13) possible strategies to increase the resilience of the
freight system, including the ability to anticipate, prepare for,
or adapt to conditions, or withstand, respond to, or recover
rapidly from disruptions, including extreme weather and natural disasters;
‘‘(14) strategies to promote United States economic growth
and international competitiveness;
‘‘(15) consideration of any potential unique impacts of the
national freight system on rural and other underserved and
historically disadvantaged communities;
‘‘(16) strategies for decarbonizing freight movement, as
appropriate; and
‘‘(17) consideration of the impacts of e-commerce on the
national multimodal freight system.’’.

Strategies.

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SEC. 21103. STATE COLLABORATION WITH NATIONAL MULTIMODAL
FREIGHT NETWORK.

Subsection (b) of section 70103 of title 49, United States Code
(as redesignated by section 21101(d)(3)(C)), is amended—
(1) in paragraph (3), by striking subparagraph (C) and
inserting the following:
‘‘(C) provide to the States an opportunity to submit
proposed designations from the States in accordance with
paragraph (4).’’; and
(2) in paragraph (4)—
(A) in subparagraph (C)(i), by striking ‘‘20 percent’’
and inserting ‘‘30 percent’’; and
(B) by adding at the end the following:

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135 STAT. 658

PUBLIC LAW 117–58—NOV. 15, 2021
‘‘(E) CONDITION FOR ACCEPTANCE.—The Secretary shall
accept from a State a designation under subparagraph
(D) only if the Secretary determines that the designation
meets the applicable requirements of subparagraph (A).’’.

Determination.

SEC. 21104. IMPROVING STATE FREIGHT PLANS.

Assessment.

Inventory.
Recommendations.

Strategies.

Consultation.

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Requirement.

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(a) IN GENERAL.—Section 70202 of title 49, United States Code,
is amended—
(1) in subsection (b)—
(A) in paragraph (9), by striking ‘‘and’’ at the end;
(B) by redesignating paragraph (10) as paragraph (17);
and
(C) by inserting after paragraph (9) the following:
‘‘(10) the most recent commercial motor vehicle parking
facilities assessment conducted by the State under subsection
(f);
‘‘(11) the most recent supply chain cargo flows in the State,
expressed by mode of transportation;
‘‘(12) an inventory of commercial ports in the State;
‘‘(13) if applicable, consideration of the findings or recommendations made by any multi-State freight compact to
which the State is a party under section 70204;
‘‘(14) the impacts of e-commerce on freight infrastructure
in the State;
‘‘(15) considerations of military freight;
‘‘(16) strategies and goals to decrease—
‘‘(A) the severity of impacts of extreme weather and
natural disasters on freight mobility;
‘‘(B) the impacts of freight movement on local air pollution;
‘‘(C) the impacts of freight movement on flooding and
stormwater runoff; and
‘‘(D) the impacts of freight movement on wildlife
habitat loss; and’’; and
(2) by adding at the end the following:
‘‘(f) COMMERCIAL MOTOR VEHICLE PARKING FACILITIES ASSESSMENTS.—As part of the development or updating, as applicable,
of a State freight plan under this section, each State that receives
funding under section 167 of title 23, in consultation with relevant
State motor carrier safety personnel, shall conduct an assessment
of—
‘‘(1) the capability of the State, together with the private
sector in the State, to provide adequate parking facilities and
rest facilities for commercial motor vehicles engaged in interstate transportation;
‘‘(2) the volume of commercial motor vehicle traffic in the
State; and
‘‘(3) whether there exist any areas within the State with
a shortage of adequate commercial motor vehicle parking facilities, including an analysis (economic or otherwise, as the State
determines to be appropriate) of the underlying causes of such
a shortage.
‘‘(g) PRIORITY.—Each State freight plan under this section shall
include a requirement that the State, in carrying out activities
under the State freight plan—
‘‘(1) enhance reliability or redundancy of freight transportation; or

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‘‘(2) incorporate the ability to rapidly restore access and
reliability with respect to freight transportation.
‘‘(h) APPROVAL.—
‘‘(1) IN GENERAL.—The Secretary of Transportation shall
approve a State freight plan described in subsection (a) if
the plan achieves compliance with the requirements of this
section.
‘‘(2) SAVINGS PROVISION.—Nothing in this subsection establishes new procedural requirements for the approval of a State
freight plan described in subsection (a).’’.
(b) STUDIES.—For the purpose of facilitating the integration
of intelligent transportation systems into the freight transportation
network powered by electricity, the Secretary, acting through the
Assistant Secretary for Multimodal Freight, shall conduct a study
relating to—
(1) preparing to supply power to applicable electrical freight
infrastructure; and
(2) safely integrating freight into intelligent transportation
systems.
(c) ALIGNMENT OF TRANSPORTATION PLANNING.—Section 70202
of title 49, United States Code, is amended—
(1) in subsection (d), by striking ‘‘5-year’’ and inserting
‘‘8-year’’; and
(2) in subsection (e)(1), by striking ‘‘5 years’’ and inserting
‘‘4 years’’.

Compliance.

SEC. 21105. IMPLEMENTATION OF NATIONAL MULTIMODAL FREIGHT
NETWORK.

Not later than 30 days after the date of enactment of this
Act, the Secretary shall submit to 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—
(1) describes the status of the designation of the final
National Multimodal Freight Network required under section
70103 of title 49, United States Code;
(2) explains the reasons why the designation of the network
referred to in paragraph (1) has not been finalized, if applicable;
and
(3) estimates the date by which that network will be designated.

Reports.

Estimate.

SEC. 21106. MULTI-STATE FREIGHT CORRIDOR PLANNING.

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(a) IN GENERAL.—Chapter 702 of title 49, United States Code,
is amended—
(1) by redesignating section 70204 as section 70206; and
(2) by inserting after section 70203 the following:
‘‘§ 70204. Multi-State freight corridor planning
‘‘(a) CONSENT TO MULTI-STATE FREIGHT MOBILITY COMPACTS.—
Congress recognizes the right of States, cities, regional planning
organizations, federally recognized Indian Tribes, and local public
authorities (including public port authorities) that are regionally
linked with an interest in a specific nationally or regionally significant multi-State freight corridor to enter into multi-State compacts
to promote the improved mobility of goods, including—
‘‘(1) identifying projects along the corridor that benefit multiple States;

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‘‘(2) assembling rights-of-way; and
‘‘(3) performing capital improvements.
‘‘(b) FINANCING.—A multi-State freight compact established by
entities under subsection (a) may provide that, in order to carry
out the compact, the relevant States or other entities may—
‘‘(1) accept contributions from a unit of State or local
government;
‘‘(2) use any Federal or State funds made available for
freight mobility infrastructure planning or construction,
including applying for grants;
‘‘(3) subject to such terms and conditions as the States
consider to be advisable—
‘‘(A) borrow money on a short-term basis; and
‘‘(B) issue—
‘‘(i) notes for borrowing under subparagraph (A);
and
‘‘(ii) bonds; and
‘‘(4) obtain financing by other means permitted under
applicable Federal or State law.
‘‘(c) ADVISORY COMMITTEES.—
‘‘(1) IN GENERAL.—A multi-State freight compact under this
section may establish a multi-State freight corridor advisory
committee, which shall include representatives of State departments of transportation and other public and private sector
entities with an interest in freight mobility, such as—
‘‘(A) ports;
‘‘(B) freight railroads;
‘‘(C) shippers;
‘‘(D) carriers;
‘‘(E) freight-related associations;
‘‘(F) third-party logistics providers;
‘‘(G) the freight industry workforce;
‘‘(H) environmental organizations;
‘‘(I) community organizations; and
‘‘(J) units of local government.
‘‘(2) ACTIVITIES.—An advisory committee established under
paragraph (1) may—
‘‘(A) advise the parties to the applicable multi-State
freight compact with respect to freight-related priorities,
issues, projects, and funding needs that impact multiState—
‘‘(i) freight mobility; and
‘‘(ii) supply chains;
‘‘(B) serve as a forum for States, Indian Tribes, and
other public entities to discuss decisions affecting freight
mobility;
‘‘(C) communicate and coordinate multi-State freight
priorities with other organizations;
‘‘(D) promote the sharing of information between the
private and public sectors with respect to freight issues;
and
‘‘(E) provide information for consideration in the
development of State freight plans under section 70202.
‘‘(d) GRANTS.—
‘‘(1) ESTABLISHMENT.—The Secretary of Transportation
(referred to in this section as the ‘Secretary’) shall establish
a program under which the Secretary shall provide grants

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135 STAT. 661

to multi-State freight compacts, or States seeking to form a
multi-State freight compact, that seek to improve a route or
corridor that is a part of the National Multimodal Freight
Network established under section 70103.
‘‘(2) NEW COMPACTS.—
‘‘(A) IN GENERAL.—To incentivize the establishment of
multi-State freight compacts, the Secretary may award a
grant for operations costs in an amount of not more than
$2,000,000 to—
‘‘(i) a multi-State freight compact established
under subsection (a) during the 2-year period beginning
on the date of establishment of the multi-State freight
compact; or
‘‘(ii) States seeking to form a multi-State freight
compact described in that subsection.
‘‘(B) ELIGIBILITY.—
‘‘(i) NEW MULTI-STATE FREIGHT COMPACTS.—A
multi-State freight compact shall be eligible for a grant
under this paragraph only during the initial 2 years
of operation of the compact.
‘‘(ii) STATES SEEKING TO FORM A COMPACT.—States
seeking to form a multi-State freight compact shall
be eligible for a grant under this paragraph during—
‘‘(I) the 2-year period beginning on the date
on which an application for a grant under this
paragraph with respect to the proposed compact
is submitted to the Secretary; or
‘‘(II) if the compact is formed before the date
on which a grant under this paragraph is awarded
in accordance with subclause (I), the initial 2 years
of operation of the compact.
‘‘(C) REQUIREMENTS.—To be eligible to receive a grant
under this paragraph, a multi-State freight compact or
the applicable States seeking to form a multi-State freight
compact shall—
‘‘(i) submit to the Secretary an application at such
time, in such manner, and containing such information
as the Secretary may require;
‘‘(ii) provide a non-Federal match equal to not less
than 25 percent of the operating costs of the multiState freight compact; and
‘‘(iii) commit to establishing a multi-State freight
corridor advisory committee under subsection (c)(1)
during the initial 2-year period of operation of the
compact.
‘‘(3) EXISTING COMPACTS.—
‘‘(A) IN GENERAL.—The Secretary may award a grant
to multi-State freight compacts that are not eligible to
receive a grant under paragraph (2) for operations costs
in an amount of not more than $1,000,000.
‘‘(B) REQUIREMENTS.—To be eligible to receive a grant
under this paragraph, a multi-State freight compact shall—
‘‘(i) submit to the Secretary an application at such
time, in such manner, and containing such information
as the Secretary may require;
‘‘(ii) provide a non-Federal match of not less than
50 percent of the operating costs of the compact; and

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49 USC 70201
prec.

PUBLIC LAW 117–58—NOV. 15, 2021

‘‘(iii) demonstrate that the compact has established
a multi-State freight corridor advisory committee under
subsection (c)(1).
‘‘(4) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated to the Secretary $5,000,000 for each
fiscal year to carry out this subsection.’’.
(b) CLERICAL AMENDMENT.—The analysis for chapter 702 of
title 49, United States Code, is amended by striking the item
relating to section 70204 and inserting the following:
‘‘70204. Multi-State freight corridor planning.
‘‘70206. Savings provision.’’.

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SEC. 21107. STATE FREIGHT ADVISORY COMMITTEES.

Section 70201 of title 49, United States Code, is amended—
(1) in subsection (a), by striking ‘‘representatives of ports,
freight railroads,’’ and all that follows through the period at
the end and inserting the following: ‘‘representatives of—
‘‘(1) ports, if applicable;
‘‘(2) freight railroads, if applicable;
‘‘(3) shippers;
‘‘(4) carriers;
‘‘(5) freight-related associations;
‘‘(6) third-party logistics providers;
‘‘(7) the freight industry workforce;
‘‘(8) the transportation department of the State;
‘‘(9) metropolitan planning organizations;
‘‘(10) local governments;
‘‘(11) the environmental protection department of the State,
if applicable;
‘‘(12) the air resources board of the State, if applicable;
‘‘(13) economic development agencies of the State; and
‘‘(14) not-for-profit organizations or community organizations.’’;
(2) in subsection (b)(5), by striking ‘‘70202.’’ and inserting
‘‘70202, including by providing advice regarding the development of the freight investment plan.’’;
(3) by redesignating subsection (b) as subsection (c); and
(4) by inserting after subsection (a) the following:
‘‘(b) QUALIFICATIONS.—Each member of a freight advisory committee established under subsection (a) shall have qualifications
sufficient to serve on a freight advisory committee, including, as
applicable—
‘‘(1) general business and financial experience;
‘‘(2) experience or qualifications in the areas of freight
transportation and logistics;
‘‘(3) experience in transportation planning;
‘‘(4) experience representing employees of the freight
industry;
‘‘(5) experience representing a State, local government, or
metropolitan planning organization; or
‘‘(6) experience representing the views of a community
group or not-for-profit organization.’’.

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135 STAT. 663

Subtitle B—Multimodal Investment
SEC. 21201. NATIONAL INFRASTRUCTURE PROJECT ASSISTANCE.

Subtitle III of title 49, United States Code, is amended by
adding at the end the following:

49 USC 6701
prec.

‘‘CHAPTER 67—MULTIMODAL INFRASTRUCTURE
INVESTMENTS

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‘‘6701. National infrastructure project assistance.
‘‘6702. Local and regional project assistance.

‘‘§ 6701. National infrastructure project assistance
‘‘(a) DEFINITIONS.—In this section:
‘‘(1) DEPARTMENT.—The term ‘Department’ means the
Department of Transportation.
‘‘(2) ELIGIBLE ENTITY.—The term ‘eligible entity’ means—
‘‘(A) a State or a group of States;
‘‘(B) a metropolitan planning organization;
‘‘(C) a unit of local government;
‘‘(D) a political subdivision of a State;
‘‘(E) a special purpose district or public authority with
a transportation function, including a port authority;
‘‘(F) a Tribal government or a consortium of Tribal
governments;
‘‘(G) a partnership between Amtrak and 1 or more
entities described in subparagraphs (A) through (F); and
‘‘(H) a group of entities described in any of subparagraphs (A) through (G).
‘‘(3) PROGRAM.—The term ‘program’ means the program
established by subsection (b).
‘‘(4) SECRETARY.—The term ‘Secretary’ means the Secretary
of Transportation.
‘‘(5) STATE.—The term ‘State’ means—
‘‘(A) any of the several States;
‘‘(B) the District of Columbia;
‘‘(C) the Commonwealth of Puerto Rico;
‘‘(D) the Commonwealth of the Northern Mariana
Islands;
‘‘(E) the United States Virgin Islands;
‘‘(F) Guam;
‘‘(G) American Samoa; and
‘‘(H) any other territory or possession of the United
States.
‘‘(b) ESTABLISHMENT.—There is established a program under
which the Secretary shall provide to eligible entities grants, on
a competitive basis pursuant to single-year or multiyear grant
agreements, for projects described in subsection (d).
‘‘(c) APPLICATIONS.—
‘‘(1) IN GENERAL.—To be eligible for a grant under the
program, an eligible entity shall submit to the Secretary an
application at such time, in such manner, and containing such
information as the Secretary determines to be appropriate.
‘‘(2) PLAN FOR DATA COLLECTION.—An application under
paragraph (1) shall include a plan for data collection and analysis described in subsection (g).

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‘‘(d) ELIGIBLE PROJECTS.—The Secretary may provide a grant
under the program only for a project—
‘‘(1) that is—
‘‘(A) a highway or bridge project carried out on—
‘‘(i) the National Multimodal Freight Network
established under section 70103;
‘‘(ii) the National Highway Freight Network established under section 167 of title 23; or
‘‘(iii) the National Highway System (as defined
in section 101(a) of title 23);
‘‘(B) a freight intermodal (including public ports) or
freight rail project that provides a public benefit;
‘‘(C) a railway-highway grade separation or elimination
project;
‘‘(D) an intercity passenger rail project;
‘‘(E) a public transportation project that is—
‘‘(i) eligible for assistance under chapter 53; and
‘‘(ii) part of a project described in any of subparagraphs (A) through (D); or
‘‘(F) a grouping, combination, or program of interrelated, connected, or dependent projects of any of the
projects described in subparagraphs (A) through (E); and
‘‘(2) the eligible project costs of which are—
‘‘(A) reasonably anticipated to equal or exceed
$500,000,000; or
‘‘(B) for any project funded by the set-aside under
subsection (m)(2)—
‘‘(i) more than $100,000,000; but
‘‘(ii) less than $500,000,000.
‘‘(e) GEOGRAPHICAL DISTRIBUTION.—In providing grants under
this section, the Secretary shall ensure among grant recipients—
‘‘(1) geographical diversity; and
‘‘(2) a balance between rural and urban communities.
‘‘(f) PROJECT EVALUATION AND SELECTION.—
‘‘(1) REQUIREMENTS.—The Secretary may select a project
described in subsection (d) to receive a grant under the program
only if the Secretary determines that—
‘‘(A) the project is likely to generate national or regional
economic, mobility, or safety benefits;
‘‘(B) the project is in need of significant Federal
funding;
‘‘(C) the project will be cost-effective;
‘‘(D) with respect to related non-Federal financial
commitments, 1 or more stable and dependable sources
of funding and financing are available—
‘‘(i) to construct, operate, and maintain the project;
and
‘‘(ii) to cover cost increases; and
‘‘(E) the applicant has, or will have, sufficient legal,
financial, and technical capacity to carry out the project.
‘‘(2) EVALUATION CRITERIA.—In awarding a grant under
the program, the Secretary shall evaluate—
‘‘(A) the extent to which a project supports achieving
a state of good repair for each existing asset to be improved
by the project;
‘‘(B) the level of benefits a project is expected to generate, including—

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135 STAT. 665

‘‘(i) the costs avoided by the prevention of closure
or reduced use of the asset to be improved by the
project;
‘‘(ii) reductions in maintenance costs over the life
of the applicable asset;
‘‘(iii) safety benefits, including the reduction of
serious injuries and fatalities and related costs;
‘‘(iv) improved person or freight throughput,
including improved mobility and reliability; and
‘‘(v) environmental benefits and health impacts,
such as—
‘‘(I) reductions in greenhouse gas emissions;
‘‘(II) air quality benefits;
‘‘(III) preventing stormwater runoff that would
be a detriment to aquatic species; and
‘‘(IV) improved infrastructure resilience;
‘‘(C) the benefits of the project, as compared to the
costs of the project;
‘‘(D) the number of persons or volume of freight, as
applicable, supported by the project; and
‘‘(E) national and regional economic benefits of the
project, including with respect to short- and long-term job
access, growth, or creation.
‘‘(3) ADDITIONAL CONSIDERATIONS.—In selecting projects to
receive grants under the program, the Secretary shall take
into consideration—
‘‘(A) contributions to geographical diversity among
grant recipients, including a balance between the needs
of rural and urban communities;
‘‘(B) whether multiple States would benefit from a
project;
‘‘(C) whether, and the degree to which, a project uses—
‘‘(i) construction materials or approaches that
have—
‘‘(I) demonstrated reductions in greenhouse
gas emissions; or
‘‘(II) reduced the need for maintenance of other
projects; or
‘‘(ii) technologies that will allow for future
connectivity and automation;
‘‘(D) whether a project would benefit—
‘‘(i) a historically disadvantaged community or
population; or
‘‘(ii) an area of persistent poverty;
‘‘(E) whether a project benefits users of multiple modes
of transportation, including—
‘‘(i) pedestrians;
‘‘(ii) bicyclists; and
‘‘(iii) users of nonvehicular rail and public transportation, including intercity and commuter rail; and
‘‘(F) whether a project improves connectivity between
modes of transportation moving persons or goods nationally
or regionally.
‘‘(4) RATINGS.—
‘‘(A) IN GENERAL.—In evaluating applications for a
grant under the program, the Secretary shall assign the
project proposed in the application a rating described in

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subparagraph (B), based on the information contained in
the applicable notice published under paragraph (5).
‘‘(B) RATINGS.—
‘‘(i) HIGHLY RECOMMENDED.—The Secretary shall
assign a rating of ‘highly recommended’ to projects
that, in the determination of the Secretary—
‘‘(I) are exemplary projects of national or
regional significance; and
‘‘(II) would provide significant public benefit,
as determined based on the applicable criteria
described in this subsection, if funded under the
program.
‘‘(ii) RECOMMENDED.—The Secretary shall assign
a rating of ‘recommended’ to projects that, in the determination of the Secretary—
‘‘(I) are of national or regional significance;
and
‘‘(II) would provide public benefit, as determined based on the applicable criteria described
in this subsection, if funded under the program.
‘‘(iii) NOT RECOMMENDED.—The Secretary shall
assign a rating of ‘not recommended’ to projects that,
in the determination of the Secretary, should not
receive a grant under the program, based on the
applicable criteria described in this subsection.
‘‘(C) TECHNICAL ASSISTANCE.—
‘‘(i) IN GENERAL.—On request of an eligible entity
that submitted an application under subsection (c) for
a project that is not selected to receive a grant under
the program, the Secretary shall provide to the eligible
entity technical assistance and briefings relating to
the project.
‘‘(ii) TREATMENT.—Technical assistance provided
under this subparagraph shall not be considered a
guarantee of future selection of the applicable project
under the program.
‘‘(5) PUBLICATION OF PROJECT EVALUATION AND SELECTION
CRITERIA.—Not later than 90 days after the date of enactment
of this chapter, the Secretary shall publish and make publicly
available on the website of the Department a notice that contains a detailed explanation of—
‘‘(A) the method by which the Secretary will determine
whether a project satisfies the applicable requirements
described in paragraph (1);
‘‘(B) any additional ratings the Secretary may assign
to determine the means by which a project addresses the
selection criteria and additional considerations described
in paragraphs (2) and (3); and
‘‘(C) the means by which the project requirements and
ratings referred to in subparagraphs (A) and (B) will be
used to assign an overall rating for the project under paragraph (4).
‘‘(6) PROJECT SELECTION PRIORITY.—In awarding grants
under the program, the Secretary shall give priority to projects
to which the Secretary has assigned a rating of ‘highly recommended’ under paragraph (4)(B)(i).
‘‘(g) DATA COLLECTION AND ANALYSIS.—

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‘‘(1) PLAN.—
‘‘(A) IN GENERAL.—An eligible entity seeking a grant
under the program shall submit to the Secretary, together
with the grant application, a plan for the collection and
analysis of data to identify in accordance with the framework established under paragraph (2)—
‘‘(i) the impacts of the project; and
‘‘(ii) the accuracy of any forecast prepared during
the development phase of the project and included
in the grant application.
‘‘(B) CONTENTS.—A plan under subparagraph (A) shall
include—
‘‘(i) an approach to measuring—
‘‘(I) the criteria described in subsection (f)(2);
and
‘‘(II) if applicable, the additional requirements
described in subsection (f)(3);
‘‘(ii) an approach for analyzing the consistency of
predicted project characteristics with actual outcomes;
and
‘‘(iii) any other elements that the Secretary determines to be necessary.
‘‘(2) FRAMEWORK.—The Secretary may publish a standardized framework for the contents of the plans under paragraph
(1), which may include, as appropriate—
‘‘(A) standardized forecasting and measurement
approaches;
‘‘(B) data storage system requirements; and
‘‘(C) any other requirements the Secretary determines
to be necessary to carry out this section.
‘‘(3) MULTIYEAR GRANT AGREEMENTS.—The Secretary shall
require an eligible entity, as a condition of receiving funding
pursuant to a multiyear grant agreement under the program,
to collect additional data to measure the impacts of the project
and to accurately track improvements made by the project,
in accordance with a plan described in paragraph (1).
‘‘(4) REPORTS.—
‘‘(A) PROJECT BASELINE.—Before the date of completion
of a project for which a grant is provided under the program, the eligible entity carrying out the project shall
submit to the Secretary a report providing baseline data
for the purpose of analyzing the long-term impact of the
project in accordance with the framework established under
paragraph (2).
‘‘(B) UPDATED REPORT.—Not later than 6 years after
the date of completion of a project for which a grant is
provided under the program, the eligible entity carrying
out the project shall submit to the Secretary a report
that compares the baseline data included in the report
under subparagraph (A) to project data collected during
the period—
‘‘(i) beginning on the date that is 5 years after
the date of completion of the project; and
‘‘(ii) ending on the date on which the updated
report is submitted.
‘‘(h) ELIGIBLE PROJECT COSTS.—

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‘‘(1) IN GENERAL.—An eligible entity may use a grant provided under the program for—
‘‘(A) development-phase activities and costs, including
planning, feasibility analysis, revenue forecasting, alternatives analysis, data collection and analysis, environmental review and activities to support environmental
review, preliminary engineering and design work, and other
preconstruction activities, including the preparation of a
data collection and post-construction analysis plan under
subsection (g); and
‘‘(B) construction, reconstruction, rehabilitation,
acquisition of real property (including land relating to the
project and improvements to that land), environmental
mitigation (including projects to replace or rehabilitate culverts or reduce stormwater runoff for the purpose of
improving habitat for aquatic species), construction contingencies, acquisition of equipment, protection, and operational improvements directly relating to the project.
‘‘(2) INTEREST AND OTHER FINANCING COSTS.—The interest
and other financing costs of carrying out any part of a project
under a multiyear grant agreement within a reasonable period
of time shall be considered to be an eligible project cost only
if the applicable eligible entity certifies to the Secretary that
the eligible entity has demonstrated reasonable diligence in
seeking the most favorable financing terms.
‘‘(i) COST SHARING.—
‘‘(1) IN GENERAL.—The total amount awarded for a project
under the program may not exceed 60 percent of the total
eligible project costs described in subsection (h).
‘‘(2) MAXIMUM FEDERAL INVOLVEMENT.—
‘‘(A) IN GENERAL.—Subject to subparagraph (B), Federal assistance other than a grant awarded under the program may be provided for a project for which a grant
is awarded under the program.
‘‘(B) LIMITATION.—The total amount of Federal assistance provided for a project for which a grant is awarded
under the program shall not exceed 80 percent of the
total cost of the project.
‘‘(C) NON-FEDERAL SHARE.—Secured loans or financing
provided under section 603 of title 23 or section 22402
of this title and repaid with local funds or revenues shall
be considered to be part of the local share of the cost
of a project.
‘‘(3) APPLICATION TO MULTIYEAR AGREEMENTS.—Notwithstanding any other provision of this title, in any case in which
amounts are provided under the program pursuant to a
multiyear agreement, the disbursed Federal share of the cost
of the project may exceed the limitations described in paragraphs (1) and (2)(B) for 1 or more years if the total amount
of the Federal share of the cost of the project, once completed,
does not exceed those limitations.
‘‘(j) GRANT AGREEMENTS.—
‘‘(1) IN GENERAL.—A project for which an eligible entity
receives a multiyear grant under the program shall be carried
out in accordance with this subsection.
‘‘(2) TERMS.—A multiyear grant agreement under this subsection shall—

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‘‘(A) establish the terms of Federal participation in
the applicable project;
‘‘(B) establish the maximum amount of Federal financial assistance for the project;
‘‘(C) establish a schedule of anticipated Federal obligations for the project that provides for obligation of the
full grant amount;
‘‘(D) describe the period of time for completing the
project, regardless of whether that period extends beyond
the period of an authorization; and
‘‘(E) facilitate timely and efficient management of the
applicable project by the eligible entity carrying out the
project, in accordance with applicable law.
‘‘(3) SPECIAL RULES.—
‘‘(A) IN GENERAL.—A multiyear grant agreement under
this subsection—
‘‘(i) shall provide for the obligation of an amount
of available budget authority specified in law;
‘‘(ii) may include a commitment, contingent on
amounts to be specified in law in advance for commitments under this paragraph, to obligate an additional
amount from future available budget authority specified in law; and
‘‘(iii) shall provide that any funds disbursed under
the program for the project before the completion of
any review required under the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.) may only
cover costs associated with development-phase activities described in subsection (h)(1)(A).
‘‘(B) CONTINGENT COMMITMENT.—A contingent commitment under this paragraph is not an obligation of the
Federal Government, including for purposes of section 1501
of title 31.
‘‘(4) SINGLE-YEAR GRANTS.—The Secretary may only provide
to an eligible entity a full grant under the program in a single
year if all reviews required under the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.) with respect to
the applicable project have been completed before the receipt
of any program funds.
‘‘(k) CONGRESSIONAL NOTIFICATION.—
‘‘(1) IN GENERAL.—Not later than 30 days before the date
on which the Secretary publishes the selection of projects to
receive grants under the program, the Secretary shall submit
to the Committee on Commerce, Science, and Transportation
of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a written notice
that includes—
‘‘(A) a list of all project applications reviewed by the
Secretary as part of the selection process;
‘‘(B) the rating assigned to each project under subsection (f)(4);
‘‘(C) an evaluation and justification with respect to
each project for which the Secretary will—
‘‘(i) provide a grant under the program; and
‘‘(ii) enter into a multiyear grant agreement under
the program;

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‘‘(D) a description of the means by which the Secretary
anticipates allocating among selected projects the amounts
made available to the Secretary to carry out the program;
and
‘‘(E) anticipated funding levels required for the 3 fiscal
years beginning after the date of submission of the notice
for projects selected for grants under the program, based
on information available to the Secretary as of that date.
‘‘(2) CONGRESSIONAL DISAPPROVAL.—The Secretary may not
provide a grant or any other obligation or commitment to
fund a project under the program if a joint resolution is enacted
disapproving funding for the project before the last day of
the 30-day period described in paragraph (1).
‘‘(l) REPORTS.—
‘‘(1) TRANSPARENCY.—Not later than 60 days after the date
on which the grants are announced under the program, the
Secretary shall publish on the website of the Department a
report that includes—
‘‘(A) a list of all project applications reviewed by the
Secretary as part of the selection process under the program;
‘‘(B) the rating assigned to each project under subsection (f)(4); and
‘‘(C) a description of each project for which a grant
has been provided under the program.
‘‘(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
the program.
‘‘(B) REPORT.—Not later than 18 months after the date
on which the initial grants are awarded for projects under
the program, the Comptroller General shall submit to 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, as applicable—
‘‘(i) the adequacy and fairness of the process by
which the projects were selected; and
‘‘(ii) the justification and criteria used for the selection of the projects.
‘‘(m) AUTHORIZATION OF APPROPRIATIONS.—
‘‘(1) IN GENERAL.—There is authorized to be appropriated
to the Secretary to carry out the program $2,000,000,000 for
each of fiscal years 2022 through 2026.
‘‘(2) OTHER PROJECTS.—Of the amounts made available
under paragraph (1), 50 percent shall be set aside for projects
that have a project cost of—
‘‘(A) more than $100,000,000; but
‘‘(B) less than $500,000,000.
‘‘(3) ADMINISTRATIVE EXPENSES.—Of the amounts made
available to carry out the program for each fiscal year, the
Secretary may reserve not more than 2 percent for the costs
of—
‘‘(A) administering and overseeing the program; and

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‘‘(B) hiring personnel for the program, including personnel dedicated to processing permitting and environmental review issues.
‘‘(4) TRANSFER OF AUTHORITY.—The Secretary may transfer
any portion of the amounts reserved under paragraph (3) for
a fiscal year to the Administrator of any of the Federal Highway
Administration, the Federal Transit Administration, the Federal Railroad Administration, or the Maritime Administration
to award and oversee grants in accordance with this section.
‘‘(n) ADDITIONAL REQUIREMENTS.—
‘‘(1) IN GENERAL.—Each project that receives a grant under
this chapter shall achieve compliance with the applicable
requirements of—
‘‘(A) subchapter IV of chapter 31 of title 40;
‘‘(B) title VI of the Civil Rights Act of 1964 (42 U.S.C.
2000d et seq.); and
‘‘(C) the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.).
‘‘(2) MODAL REQUIREMENTS.—The Secretary shall, with
respect to a project funded by a grant under this section,
apply—
‘‘(A) the requirements of title 23 to a highway, road,
or bridge project;
‘‘(B) the requirements of chapter 53 to a transit project;
and
‘‘(C) the requirements of section 22905 to a rail project.
‘‘(3) MULTIMODAL PROJECTS.—
‘‘(A) IN GENERAL.—Except as otherwise provided in
this paragraph, if an eligible project is a multimodal project,
the Secretary shall—
‘‘(i) determine the predominant modal component
of the project; and
‘‘(ii) apply the applicable requirements described
in paragraph (2) of the predominant modal component
to the project.
‘‘(B) EXCEPTIONS.—
‘‘(i) PASSENGER OR FREIGHT RAIL COMPONENT.—
The requirements of section 22905 shall apply to any
passenger or freight rail component of a project.
‘‘(ii) PUBLIC TRANSPORTATION COMPONENT.—The
requirements of section 5333 shall apply to any public
transportation component of a project.’’.

Compliance.

Applicability.

Determination.
Applicability.

Applicability.

SEC. 21202. LOCAL AND REGIONAL PROJECT ASSISTANCE.

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(a) IN GENERAL.—Chapter 67 of subtitle III of title 49, United
States Code (as added by section 21201), is amended by adding
at the end the following:
‘‘§ 6702. Local and regional project assistance
‘‘(a) DEFINITIONS.—In this section:
‘‘(1) AREA OF PERSISTENT POVERTY.—The term ‘area of persistent poverty’ means—
‘‘(A) any county (or equivalent jurisdiction) in which,
during the 30-year period ending on the date of enactment
of this chapter, 20 percent or more of the population continually lived in poverty, as measured by—
‘‘(i) the 1990 decennial census;

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PUBLIC LAW 117–58—NOV. 15, 2021
‘‘(ii) the 2000 decennial census; and
‘‘(iii) the most recent annual small area income
and poverty estimate of the Bureau of the Census;
‘‘(B) any census tract with a poverty rate of not less
than 20 percent, as measured by the 5-year data series
available from the American Community Survey of the
Bureau of the Census for the period of 2014 through 2018;
and
‘‘(C) any territory or possession of the United States.
‘‘(2) ELIGIBLE ENTITY.—The term ‘eligible entity’ means—
‘‘(A) a State;
‘‘(B) the District of Columbia;
‘‘(C) any territory or possession of the United States;
‘‘(D) a unit of local government;
‘‘(E) a public agency or publicly chartered authority
established by 1 or more States;
‘‘(F) a special purpose district or public authority with
a transportation function, including a port authority;
‘‘(G) a federally recognized Indian Tribe or a consortium of such Indian Tribes;
‘‘(H) a transit agency; and
‘‘(I) a multi-State or multijurisdictional group of entities described in any of subparagraphs (A) through (H).
‘‘(3) ELIGIBLE PROJECT.—The term ‘eligible project’ means—
‘‘(A) a highway or bridge project eligible for assistance
under title 23;
‘‘(B) a public transportation project eligible for assistance under chapter 53;
‘‘(C) a passenger rail or freight rail transportation
project eligible for assistance under this title;
‘‘(D) a port infrastructure investment, including—
‘‘(i) inland port infrastructure; and
‘‘(ii) a land port-of-entry;
‘‘(E) the surface transportation components of an airport project eligible for assistance under part B of subtitle
VII;
‘‘(F) a project for investment in a surface transportation
facility located on Tribal land, the title or maintenance
responsibility of which is vested in the Federal Government;
‘‘(G) a project to replace or rehabilitate a culvert or
prevent stormwater runoff for the purpose of improving
habitat for aquatic species that will advance the goal of
the program described in subsection (b)(2); and
‘‘(H) any other surface transportation infrastructure
project that the Secretary considers to be necessary to
advance the goal of the program.
‘‘(4) PROGRAM.—The term ‘program’ means the Local and
Regional Project Assistance Program established under subsection (b)(1).
‘‘(5) RURAL AREA.—The term ‘rural area’ means an area
that is located outside of an urbanized area.
‘‘(6) SECRETARY.—The term ‘Secretary’ means the Secretary
of Transportation.
‘‘(7) URBANIZED AREA.—The term ‘urbanized area’ means
an area with a population of more than 200,000 residents,
based on the most recent decennial census.

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135 STAT. 673

‘‘(b) ESTABLISHMENT.—
‘‘(1) IN GENERAL.—The Secretary shall establish and carry
out a program, to be known as the ‘Local and Regional Project
Assistance Program’, to provide for capital investments in surface transportation infrastructure.
‘‘(2) GOAL.—The goal of the program shall be to fund
eligible projects that will have a significant local or regional
impact and improve transportation infrastructure.
‘‘(c) GRANTS.—
‘‘(1) IN GENERAL.—In carrying out the program, the Secretary may make grants to eligible entities, on a competitive
basis, in accordance with this section.
‘‘(2) AMOUNT.—Except as otherwise provided in this section,
each grant made under the program shall be in an amount
equal to—
‘‘(A) not less than $5,000,000 for an urbanized area;
‘‘(B) not less than $1,000,000 for a rural area; and
‘‘(C) not more than $25,000,000.
‘‘(3) LIMITATION.—Not more than 15 percent of the funds
made available to carry out the program for a fiscal year
may be awarded to eligible projects in a single State during
that fiscal year.
‘‘(d) SELECTION OF ELIGIBLE PROJECTS.—
‘‘(1) NOTICE OF FUNDING OPPORTUNITY.—Not later than 60
days after the date on which funds are made available to
carry out the program, the Secretary shall publish a notice
of funding opportunity for the funds.
‘‘(2) APPLICATIONS.—To be eligible to receive a grant under
the program, an eligible entity shall submit to the Secretary
an application—
‘‘(A) in such form and containing such information
as the Secretary considers to be appropriate; and
‘‘(B) by such date as the Secretary may establish, subject to the condition that the date shall be not later than
90 days after the date on which the Secretary issues the
solicitation under paragraph (1).
‘‘(3) PRIMARY SELECTION CRITERIA.—In awarding grants
under the program, the Secretary shall evaluate the extent
to which a project—
‘‘(A) improves safety;
‘‘(B) improves environmental sustainability;
‘‘(C) improves the quality of life of rural areas or urbanized areas;
‘‘(D) increases economic competitiveness and opportunity, including increasing tourism opportunities;
‘‘(E) contributes to a state of good repair; and
‘‘(F) improves mobility and community connectivity.
‘‘(4) ADDITIONAL SELECTION CRITERIA.—In selecting projects
to receive grants under the program, the Secretary shall take
into consideration the extent to which—
‘‘(A) the project sponsors collaborated with other public
and private entities;
‘‘(B) the project adopts innovative technologies or techniques, including—
‘‘(i) innovative technology;
‘‘(ii) innovative project delivery techniques; and
‘‘(iii) innovative project financing;

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Deadline.

Evaluation.

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135 STAT. 674

‘‘(C) the project has demonstrated readiness; and
‘‘(D) the project is cost effective.
‘‘(5) TRANSPARENCY.—
‘‘(A) IN GENERAL.—The Secretary, shall evaluate,
through a methodology that is discernible and transparent
to the public, the means by which each application submitted under paragraph (2) addresses the criteria under
paragraphs (3) and (4) or otherwise established by the
Secretary.
‘‘(B) PUBLICATION.—The methodology under subparagraph (A) shall be published by the Secretary as part
of the notice of funding opportunity under the program.
‘‘(6) AWARDS.—Not later than 270 days after the date on
which amounts are made available to provide grants under
the program for a fiscal year, the Secretary shall announce
the selection by the Secretary of eligible projects to receive
the grants in accordance with this section.
‘‘(7) TECHNICAL ASSISTANCE.—
‘‘(A) IN GENERAL.—On request of an eligible entity
that submitted an application under paragraph (2) for a
project that is not selected to receive a grant under the
program, the Secretary shall provide to the eligible entity
technical assistance and briefings relating to the project.
‘‘(B) TREATMENT.—Technical assistance provided under
this paragraph shall not be considered a guarantee of
future selection of the applicable project under the program.
‘‘(e) FEDERAL SHARE.—
‘‘(1) IN GENERAL.—Except as provided in paragraph (2),
the Federal share of the cost of an eligible project carried
out using a grant provided under the program shall not exceed
80 percent.
‘‘(2) EXCEPTION.—The Federal share of the cost of an
eligible project carried out in a rural area, a historically disadvantaged community, or an area of persistent poverty using
a grant under this subsection may exceed 80 percent, at the
discretion of the Secretary.
‘‘(3) TREATMENT OF OTHER FEDERAL FUNDS.—Amounts provided under any of the following programs shall be considered
to be a part of the non-Federal share for purposes of this
subsection:
‘‘(A) The tribal transportation program under section
202 of title 23.
‘‘(B) The Federal lands transportation program under
section 203 of title 23.
‘‘(C) The TIFIA program (as defined in section 601(a)
of title 23).
‘‘(D) The Railroad Rehabilitation and Improvement
Financing Program under chapter 224.
‘‘(f) OTHER CONSIDERATIONS.—
‘‘(1) IN GENERAL.—Of the total amount made available to
carry out the program for each fiscal year—
‘‘(A) not more than 50 percent shall be allocated for
eligible projects located in rural areas; and
‘‘(B) not more than 50 percent shall be allocated for
eligible projects located in urbanized areas.
‘‘(2) HISTORICALLY DISADVANTAGED COMMUNITIES AND
AREAS OF PERSISTENT POVERTY.—Of the total amount made

Evaluation.

Deadline.

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Briefings.

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135 STAT. 675

available to carry out the program for each fiscal year, not
less than 1 percent shall be awarded for projects in historically
disadvantaged communities or areas of persistent poverty.
‘‘(3) MULTIMODAL AND GEOGRAPHICAL CONSIDERATIONS.—
In selecting projects to receive grants under the program, the
Secretary shall take into consideration geographical and modal
diversity.
‘‘(g) PROJECT PLANNING.—Of the amounts made available to
carry out the program for each fiscal year, not less than 5 percent
shall be made available for the planning, preparation, or design
of eligible projects.
‘‘(h) TRANSFER OF AUTHORITY.—Of the amounts made available
to carry out the program for each fiscal year, the Secretary may
transfer not more than 2 percent for a fiscal year to the Administrator of any of the Federal Highway Administration, the Federal
Transit Administration, the Federal Railroad Administration, or
the Maritime Administration to award and oversee grants and
credit assistance in accordance with this section.
‘‘(i) CREDIT PROGRAM COSTS.—
‘‘(1) IN GENERAL.—Subject to paragraph (2), at the request
of an eligible entity, the Secretary may use a grant provided
to the eligible entity under the program to pay the subsidy
or credit risk premium, and the administrative costs, of an
eligible project that is eligible for Federal credit assistance
under—
‘‘(A) chapter 224; or
‘‘(B) chapter 6 of title 23.
‘‘(2) LIMITATION.—Not more than 20 percent of the funds
made available to carry out the program for a fiscal year
may be used to carry out paragraph (1).
‘‘(j) AUTHORIZATION OF APPROPRIATIONS.—There is authorized
to be appropriated to carry out this section $1,500,000,000 for
each of fiscal years 2022 through 2026, to remain available for
a period of 3 fiscal years following the fiscal year for which the
amounts are appropriated.
‘‘(k) REPORTS.—
‘‘(1) ANNUAL REPORT.—The Secretary shall make available
on the website of the Department of Transportation at the
end of each fiscal year an annual report that describes each
eligible project for which a grant was provided under the program during that fiscal year.
‘‘(2) COMPTROLLER GENERAL.—Not later than 1 year after
the date on which the initial grants are awarded for eligible
projects under the program, the Comptroller General of the
United States shall—
‘‘(A) review the administration of the program,
including—
‘‘(i) the solicitation process; and
‘‘(ii) the selection process, including—
‘‘(I) the adequacy and fairness of the process;
and
‘‘(II) the selection criteria; and
‘‘(B) submit to the Committee on Commerce, Science,
and Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of Representatives a report describing the findings of the review

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Web posting.

Deadline.

Review.

Recommendations.

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135 STAT. 676

PUBLIC LAW 117–58—NOV. 15, 2021

under subparagraph (A), including recommendations for
improving the administration of the program, if any.’’.
(b) STUDY.—Not later than 1 year after the date of enactment
of this Act, the Comptroller General of the United States shall
conduct, and submit to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Transportation
and Infrastructure of the House of Representatives a report
describing the results of, a study of how changes to Federal share
matching requirements and selection criteria, such as using State
population data in Department discretionary programs, may impact
the allocations made to States.
(c) CLERICAL AMENDMENT.—The analysis for subtitle III of title
49, United States Code, is amended by adding at the end the
following:

Reports.

49 USC 5101
prec.

‘‘CHAPTER 67—MULTIMODAL INFRASTRUCTURE INVESTMENTS
‘‘6701. National infrastructure project assistance.
‘‘6702. Local and regional project assistance.’’.
SEC. 21203. NATIONAL CULVERT REMOVAL, REPLACEMENT, AND RESTORATION GRANT PROGRAM.

(a) IN GENERAL.—Chapter 67 of title 49, United States Code
(as amended by section 21202(a)), is amended by adding at the
end the following:
49 USC 6703.

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Consultation.
Fish and fishing.

Consultation.
Determination.
Criteria.

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‘‘§ 6703. National culvert removal, replacement, and restoration grant program
‘‘(a) DEFINITIONS.—In this section:
‘‘(1) DIRECTOR.—The term ‘Director’ means the Director
of the United States Fish and Wildlife Service.
‘‘(2) INDIAN TRIBE.—The term ‘Indian Tribe’ has the
meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304).
‘‘(3) PROGRAM.—The term ‘program’ means the annual
competitive grant program established under subsection (b).
‘‘(4) SECRETARY.—The term ‘Secretary’ means the Secretary
of Transportation.
‘‘(5) UNDERSECRETARY.—The term ‘Undersecretary’ means
the Undersecretary of Commerce for Oceans and Atmosphere.
‘‘(b) ESTABLISHMENT.—The Secretary, in consultation with the
Undersecretary, shall establish an annual competitive grant program to award grants to eligible entities for projects for the replacement, removal, and repair of culverts or weirs that—
‘‘(1) would meaningfully improve or restore fish passage
for anadromous fish; and
‘‘(2) with respect to weirs, may include—
‘‘(A) infrastructure to facilitate fish passage around
or over the weir; and
‘‘(B) weir improvements.
‘‘(c) ELIGIBLE ENTITIES.—An entity eligible to receive a grant
under the program is—
‘‘(1) a State;
‘‘(2) a unit of local government; or
‘‘(3) an Indian Tribe.
‘‘(d) GRANT SELECTION PROCESS.—The Secretary, in consultation with the Undersecretary and the Director, shall establish a
process for determining criteria for awarding grants under the
program, subject to subsection (e).

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135 STAT. 677

‘‘(e) PRIORITIZATION.—The Secretary, in consultation with the
Undersecretary and the Director, shall establish procedures to
prioritize awarding grants under the program to—
‘‘(1) projects that would improve fish passage for—
‘‘(A) anadromous fish stocks listed as an endangered
species or a threatened species under section 4 of the
Endangered Species Act of 1973 (16 U.S.C. 1533);
‘‘(B) anadromous fish stocks identified by the Undersecretary or the Director that could reasonably become listed
as an endangered species or a threatened species under
that section;
‘‘(C) anadromous fish stocks identified by the Undersecretary or the Director as prey for endangered species,
threatened species, or protected species, including Southern
resident orcas (Orcinus orcas); or
‘‘(D) anadromous fish stocks identified by the Undersecretary or the Director as climate resilient stocks; and
‘‘(2) projects that would open up more than 200 meters
of upstream habitat before the end of the natural habitat.
‘‘(f) FEDERAL SHARE.—The Federal share of the cost of a project
carried out with a grant to a State or a unit of local government
under the program shall be not more than 80 percent.
‘‘(g) TECHNICAL ASSISTANCE.—The Secretary, in consultation
with the Undersecretary and the Director, shall develop a process
to provide technical assistance to Indian Tribes and underserved
communities to assist in the project design and grant process and
procedures.
‘‘(h) ADMINISTRATIVE EXPENSES.—Of the amounts made available for each fiscal year to carry out the program, the Secretary,
the Undersecretary, and the Director may use not more than 2
percent to pay the administrative expenses necessary to carry out
this section.
‘‘(i) AUTHORIZATION OF APPROPRIATIONS.—There is authorized
to be appropriated to carry out the program $800,000,000 for each
of fiscal years 2022 through 2026.’’.
(b) CLERICAL AMENDMENT.—The analysis for chapter 67 of title
49, United States Code (as added by section 21202(c)), is amended
by adding at the end the following:

Consultation.
Procedures.
Fish and fishing.

Consultation.

Time period.

49 USC 6701
prec.

‘‘6703. National culvert removal, replacement, and restoration grant program.’’.
SEC.

21204.

NATIONAL MULTIMODAL
RESEARCH PROGRAM.

COOPERATIVE

FREIGHT

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(a) IN GENERAL.—Chapter 702 of title 49, United States Code
(as amended by section 21106(a)), is amended by inserting after
section 70204 the following:
‘‘§ 70205. National multimodal cooperative freight research
program
‘‘(a) ESTABLISHMENT.—Not later than 1 year after the date
of enactment of this section, the Secretary of Transportation
(referred to in this section as the ‘Secretary’) shall establish and
support a national cooperative freight transportation research program.
‘‘(b) ADMINISTRATION BY NATIONAL ACADEMY OF SCIENCES.—
‘‘(1) IN GENERAL.—The Secretary shall enter into an agreement with the National Academy of Sciences to support and

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Deadline.

Contracts.

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135 STAT. 678

Establishment.

Consultation.
Recommendations.
Strategic plan.

Proposals.
Reviews.

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carry out administrative and management activities under the
program established under subsection (a).
‘‘(2) ADVISORY COMMITTEE.—To assist the National
Academy of Sciences in carrying out this subsection, the
National Academy shall establish an advisory committee, the
members of which represent a cross-section of multimodal
freight stakeholders, including—
‘‘(A) the Department of Transportation and other relevant Federal departments and agencies;
‘‘(B) State (including the District of Columbia) departments of transportation;
‘‘(C) units of local government, including public port
authorities;
‘‘(D) nonprofit entities;
‘‘(E) institutions of higher education;
‘‘(F) labor organizations representing employees in
freight industries; and
‘‘(G) private sector entities representing various
transportation modes.
‘‘(c) ACTIVITIES.—
‘‘(1) NATIONAL RESEARCH AGENDA.—
‘‘(A) IN GENERAL.—The advisory committee established
under subsection (b)(2), in consultation with interested parties, shall recommend a national research agenda for the
program in accordance with subsection (d), which shall
include a multiyear strategic plan.
‘‘(B) ACTION BY INTERESTED PARTIES.—For purposes
of subparagraph (A), an interested party may—
‘‘(i) submit to the advisory committee research proposals;
‘‘(ii) participate in merit reviews of research proposals and peer reviews of research products; and
‘‘(iii) receive research results.
‘‘(2) RESEARCH CONTRACTS AND GRANTS.—
‘‘(A) IN GENERAL.—The National Academy of Sciences
may award research contracts and grants under the program established under subsection (a) through—
‘‘(i) open competition; and
‘‘(ii) merit review, conducted on a regular basis.
‘‘(B) EVALUATION.—
‘‘(i) PEER REVIEW.—A contract or grant for research
under subparagraph (A) may allow peer review of the
research results.
‘‘(ii) PROGRAMMATIC EVALUATIONS.—The National
Academy of Sciences may conduct periodic programmatic evaluations on a regular basis of a contract
or grant for research under subparagraph (A).
‘‘(C) DISSEMINATION OF FINDINGS.—The National
Academy of Sciences shall disseminate the findings of any
research conducted under this paragraph to relevant
researchers, practitioners, and decisionmakers through—
‘‘(i) conferences and seminars;
‘‘(ii) field demonstrations;
‘‘(iii) workshops;
‘‘(iv) training programs;
‘‘(v) presentations;
‘‘(vi) testimony to government officials;

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‘‘(vii) publicly accessible websites;
‘‘(viii) publications for the general public; and
‘‘(ix) other appropriate means.
‘‘(3) REPORT.—Not later than 1 year after the date of
establishment of the program under subsection (a), and
annually thereafter, the Secretary shall make available on a
public website a report that describes the ongoing research
and findings under the program.
‘‘(d) AREAS FOR RESEARCH.—The national research agenda
under subsection (c)(1) shall consider research in the following
areas:
‘‘(1) Improving the efficiency and resiliency of freight movement, including—
‘‘(A) improving the connections between rural areas
and domestic and foreign markets;
‘‘(B) maximizing infrastructure utility, including
improving urban curb-use efficiency;
‘‘(C) quantifying the national impact of blocked railroad
crossings;
‘‘(D) improved techniques for estimating and quantifying public benefits derived from freight transportation
projects; and
‘‘(E) low-cost methods to reduce congestion at bottlenecks.
‘‘(2) Adapting to future trends in freight, including—
‘‘(A) considering the impacts of e-commerce;
‘‘(B) automation; and
‘‘(C) zero-emissions transportation.
‘‘(3) Workforce considerations in freight, including—
‘‘(A) diversifying the freight transportation industry
workforce; and
‘‘(B) creating and transitioning a workforce capable
of designing, deploying, and operating emerging technologies.
‘‘(e) FEDERAL SHARE.—
‘‘(1) IN GENERAL.—The Federal share of the cost of an
activity carried out under this section shall be up to 100 percent.
‘‘(2) USE OF NON-FEDERAL FUNDS.—In addition to using
funds made available to carry out this section, the National
Academy of Sciences may seek and accept additional funding
from public and private entities capable of accepting funding
from the Department of Transportation, States, units of local
government, nonprofit entities, and the private sector.
‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—There is authorized
to be appropriated to the Secretary $3,750,000 for each fiscal year
to carry out the program established under subsection (a), to remain
available until expended.
‘‘(g) SUNSET.—The program established under subsection (a)
shall terminate 5 years after the date of enactment of this section.’’.
(b) CLERICAL AMENDMENT.—The analysis for chapter 702 of
title 49, United States Code (as amended by section 21106(b)),
is amended by inserting after the item relating to section 70204
the following:

Public
information.
Web posting.

49 USC 70201
prec.

‘‘70205. National multimodal cooperative freight research program.’’.

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135 STAT. 680

PUBLIC LAW 117–58—NOV. 15, 2021

SEC. 21205. RURAL AND TRIBAL INFRASTRUCTURE ADVANCEMENT.

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(a) DEFINITIONS.—In this section:
(1) BUILD AMERICA BUREAU.—The term ‘‘Build America
Bureau’’ means the National Surface Transportation and
Innovative Finance Bureau established under section 116 of
title 49, United States Code.
(2) ELIGIBLE ENTITY.—The term ‘‘eligible entity’’ means—
(A) a unit of local government or political subdivision
that is located outside of an urbanized area with a population of more than 150,000 residents, as determined by
the Bureau of the Census;
(B) a State seeking to advance a project located in
an area described in subparagraph (A);
(C) a federally recognized Indian Tribe; and
(D) the Department of Hawaiian Home Lands.
(3) ELIGIBLE PROGRAM.—The term ‘‘eligible program’’ means
any program described in—
(A) subparagraph (A) or (B) of section 116(d)(1) of
title 49, United States Code;
(B) section 118(d)(3)(A) of that title (as added by section
21101(a)); or
(C) chapter 67 of that title (as added by section 21201).
(4) PILOT PROGRAM.—The term ‘‘pilot program’’ means the
Rural and Tribal Assistance Pilot Program established under
subsection (b)(1).
(b) ESTABLISHMENT.—
(1) IN GENERAL.—The Secretary shall establish within the
Build America Bureau a pilot program, to be known as the
‘‘Rural and Tribal Assistance Pilot Program’’, to provide to
eligible entities the assistance and information described in
paragraph (2).
(2) ASSISTANCE AND INFORMATION.—In carrying out the
pilot program, the Secretary may provide to an eligible entity
the following:
(A) Financial, technical, and legal assistance to
evaluate potential projects reasonably expected to be
eligible to receive funding or financing assistance under
an eligible program.
(B) Assistance with development-phase activities,
including—
(i) project planning;
(ii) feasibility studies;
(iii) revenue forecasting and funding and financing
options analyses;
(iv) environmental review;
(v) preliminary engineering and design work;
(vi) economic assessments and cost-benefit analyses;
(vii) public benefit studies;
(viii) statutory and regulatory framework analyses;
(ix) value for money studies;
(x) evaluations of costs to sustain the project;
(xi) evaluating opportunities for private financing
and project bundling; and
(xii) any other activity determined to be appropriate by the Secretary.

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135 STAT. 681

(C) Information regarding innovative financing best
practices and case studies, if the eligible entity is interested
in using innovative financing methods.
(c) ASSISTANCE FROM EXPERT FIRMS.—The Secretary may retain
the services of expert firms, including counsel, in the field of municipal and project finance to assist in providing financial, technical,
and legal assistance to eligible entities under the pilot program.
(d) WEBSITE.—
(1) DESCRIPTION OF PILOT PROGRAM.—
(A) IN GENERAL.—The Secretary shall make publicly
available on the website of the Department a description
of the pilot program, including—
(i) the resources available to eligible entities under
the pilot program; and
(ii) the application process established under paragraph (2)(A).
(B) CLEARINGHOUSE.—The Secretary may establish a
clearinghouse for tools, templates, and best practices on
the page of the website of the Department that contains
the information described in subparagraph (A).
(2) APPLICATIONS.—
(A) IN GENERAL.—Not later than 180 days after the
date of enactment of this Act, the Secretary shall establish
a process by which an eligible entity may submit to the
Secretary an application under the pilot program, in such
form and containing such information as the Secretary
may require.
(B) ONLINE PORTAL.—The Secretary shall develop and
make available to the public an online portal through which
the Secretary may receive applications under subparagraph
(A), on a rolling basis.
(C) APPROVAL.—
(i) IN GENERAL.—Not later than 60 days after the
date on which the Secretary receives a complete
application under subparagraph (A), the Secretary
shall provide to each eligible entity that submitted
the application a notice describing whether the application is approved or disapproved.
(ii) ADDITIONAL WRITTEN NOTIFICATION.—
(I) IN GENERAL.—Not later than 30 days after
the date on which the Secretary provides to an
eligible entity a notification under clause (i), the
Secretary shall provide to the eligible entity an
additional written notification of the approval or
disapproval of the application.
(II) DISAPPROVED APPLICATIONS.—If the
application of an eligible entity is disapproved
under this subparagraph, the additional written
notification provided to the eligible entity under
subclause (I) shall include an offer for a written
or telephonic debrief by the Secretary that will
provide an explanation of, and guidance regarding,
the reasons why the application was disapproved.
(iii) INSUFFICIENT APPLICATIONS.—The Secretary
shall not approve an application under this subparagraph if the application fails to meet the applicable
criteria established under this section.

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Public
information.

Deadline.

Public
information.

Deadlines.
Notice.

Briefing.

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(3) DASHBOARD.—The Secretary shall publish on the
website of the Department a monthly report that includes,
for each application received under the pilot program—
(A) the type of eligible entity that submitted the
application;
(B) the location of each potential project described in
the application;
(C) a brief description of the assistance requested;
(D) the date on which the Secretary received the
application; and
(E) the date on which the Secretary provided the notice
of approval or disapproval under paragraph (2)(C)(i).
(e) EXPERTS.—An eligible entity that receives assistance under
the pilot program may retain the services of an expert for any
phase of a project carried out using the assistance, including project
development, regardless of whether the expert is retained by the
Secretary under subsection (c).
(f) FUNDING.—
(1) IN GENERAL.—For each of fiscal years 2022 through
2026, the Secretary may use to carry out the pilot program,
including to retain the services of expert firms under subsection
(c), any amount made available to the Secretary to provide
credit assistance under an eligible program that is not otherwise obligated, subject to paragraph (2).
(2) LIMITATION.—The amount used under paragraph (1)
to carry out the pilot program shall be not more than—
(A) $1,600,000 for fiscal year 2022;
(B) $1,800,000 for fiscal year 2023;
(C) $2,000,000 for fiscal year 2024;
(D) $2,200,000 for fiscal year 2025; and
(E) $2,400,000 for fiscal year 2026.
(3) GEOGRAPHICAL DISTRIBUTION.—Not more than 20 percent of the funds made available to carry out the pilot program
for a fiscal year may be used for projects in a single State
during that fiscal year.
(g) SUNSET.—The pilot program shall terminate on the date
that is 5 years after the date of enactment of this Act.
(h) NONAPPLICABILITY.—Nothing in this section limits the
ability of the Build America Bureau or the Secretary to establish
or carry out any other assistance program under title 23 or title
49, United States Code.
(i) ADMINISTRATION BY BUILD AMERICA BUREAU.—Section
116(d)(1) of title 49, United States Code (as amended by section
21101(d)(4)), is amended by adding at the end the following:
‘‘(D) The Rural and Tribal Assistance Pilot Program
established under section 21205(b)(1) of the Surface
Transportation Investment Act of 2021.’’.

Web postings.
Reports.

Subtitle C—Railroad Rehabilitation and
Improvement Financing Reforms

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SEC. 21301. RRIF CODIFICATION AND REFORMS.

(a) CODIFICATION OF TITLE V OF THE RAILROAD REVITALIZATION
REGULATORY REFORM ACT OF 1976.—Part B of subtitle V
of title 49, United States Code, is amended—
AND

49 USC 22401
prec.

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135 STAT. 683

(1) by inserting after chapter 223 the following chapter
analysis:
‘‘CHAPTER 224—RAILROAD REHABILITATION
‘‘Sec.
‘‘22401.
‘‘22402.
‘‘22403.
‘‘22404.
‘‘22405.
‘‘22406.

AND IMPROVEMENT

49 USC 22401
prec.

FINANCING

Definitions.
Direct loans and loan guarantees.
Administration of direct loans and loan guarantees.
Employee protection.
Substantive criteria and standards.
Authorization of appropriations.’’;

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(2) by inserting after the chapter analysis the following
section headings:

VerDate Sep 11 2014

‘‘§ 22401. Definitions

49 USC 22401.

‘‘§ 22402. Direct loans and loan guarantees

49 USC 22402.

‘‘§ 22403. Administration of direct loans and loan guarantees

49 USC 22403.

‘‘§ 22404. Employee protection’’;
(3) by inserting after the section heading for section 22401,
as added by paragraph (2), the text of section 501 of the
Railroad Revitalization and Regulatory Reform Act of 1976
(45 U.S.C. 821);
(4) by inserting after the section heading for section 22402,
as added by paragraph (2), the text of section 502 of the
Railroad Revitalization and Regulatory Reform Act of 1976
(45 U.S.C. 822);
(5) by inserting after the section heading for section 22403,
as added by paragraph (2), the text of section 503 of the
Railroad Revitalization and Regulatory Reform Act of 1976
(45 U.S.C. 823); and
(6) by inserting after the section heading for section 22404,
as added by paragraph (2), the text of section 504 of the
Railroad Revitalization and Regulatory Reform Act of 1976
(45 U.S.C. 836).
(b) CONFORMING REPEALS.—
(1) REPEALS.—
(A) Sections 501, 502, 503, and 504 of the Railroad
Revitalization and Regulatory Reform Act of 1976 (45
U.S.C. 821, 822, 823, and 836) are repealed.
(B) Section 9003(j) of the Safe, Accountable, Flexible,
Efficient Transportation Equity Act: A Legacy for Users
(45 U.S.C. 822 note) is repealed.
(2) SAVINGS PROVISION.—The repeals under paragraph (1)
shall not affect the rights and duties that matured under the
repealed sections, the penalties that were incurred under such
sections, or any proceeding authorized under any such section
that commenced before the date of enactment of this Act.
(c) DEFINITIONS.—
(1) HEADINGS.—Section 22401 of title 49, United States
Code, as added by subsection (a)(2), and amended by subsection
(a)(3), is further amended—
(A) in paragraph (1)—
(i) by striking ‘‘(1)(A) The’’ and inserting the following:
‘‘(1) COST.—
‘‘(A) The’’; and

49 USC 22404.

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PUBLIC LAW 117–58—NOV. 15, 2021

(ii) by indenting subparagraphs (B) through (F)
appropriately; and
(B) in each of paragraphs (2) through (14), by inserting
a paragraph heading, the text of which is comprised of
the term defined in the paragraph.
(2) OTHER TECHNICAL AMENDMENTS.—Section 22401 of title
49, United States Code, as added by subsection (a)(2), and
amended by subsection (a)(3) and paragraph (1) of this subsection, is further amended—
(A) in the matter preceding paragraph (1), by striking
‘‘For purposes of this title:’’ and inserting ‘‘In this chapter:’’;
(B) in paragraph (11), by striking ‘‘under this title’’
and inserting ‘‘under this chapter’’;
(C) by amending paragraph (12) to read as follows:
‘‘(12) RAILROAD.—The term ‘railroad’ includes—
‘‘(A) any railroad or railroad carrier (as such terms
are defined in section 20102); and
‘‘(B) any rail carrier (as defined in section 24102).’’;
(D) by redesignating paragraph (14) as paragraph (15);
and
(E) by inserting after paragraph (13) the following:
‘‘(14) SECRETARY.—The term ‘Secretary’ means the Secretary of Transportation.’’.
(d) DIRECT LOANS AND LOAN GUARANTEES.—Section 22402 of
title 49, United States Code, as added by subsection (a)(2), and
amended by subsection (a)(4), is further amended—
(1) in subsection (a)—
(A) in paragraph (2), by inserting ‘‘entities implementing’’ before ‘‘interstate compacts’’;
(B) in paragraph (5)—
(i) by inserting ‘‘entities participating in’’ before
‘‘joint ventures’’; and
(ii) by striking ‘‘and’’ at the end; and
(C) by striking paragraph (6) and inserting the following:
‘‘(6) limited option freight shippers that own or operate
a plant or other facility, solely for the purpose of constructing
a rail connection between a plant or facility and a railroad;
and
‘‘(7) private entities with controlling ownership in 1 or
more freight railroads other than Class I carriers.’’;
(2) in subsection (b)—
(A) by amending paragraph (1) to read as follows:
‘‘(1) IN GENERAL.—Direct loans and loan guarantees authorized under this section shall be used—
‘‘(A) to acquire, improve, or rehabilitate intermodal
or rail equipment or facilities, including track, components
of track, cuts and fills, stations, tunnels, bridges, yards,
buildings, and shops, and to finance costs related to those
activities, including pre-construction costs;
‘‘(B) to develop or establish new intermodal or railroad
facilities;
‘‘(C) to develop landside port infrastructure for seaports
serviced by rail;
‘‘(D) to refinance outstanding debt incurred for the
purposes described in subparagraph (A) , (B), or (C);

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135 STAT. 685

‘‘(E) to reimburse planning, permitting, and design
expenses relating to activities described in subparagraph
(A), (B), or (C); or
‘‘(F) to finance economic development, including
commercial and residential development, and related infrastructure and activities, that—
‘‘(i) incorporates private investment of greater than
20 percent of total project costs;
‘‘(ii) is physically connected to, or is within 1⁄2
mile of, a fixed guideway transit station, an intercity
bus station, a passenger rail station, or a multimodal
station, provided that the location includes service by
a railroad;
‘‘(iii) demonstrates the ability of the applicant to
commence the contracting process for construction not
later than 90 days after the date on which the direct
loan or loan guarantee is obligated for the project
under this chapter; and
‘‘(iv) demonstrates the ability to generate new revenue for the relevant passenger rail station or service
by increasing ridership, increasing tenant lease payments, or carrying out other activities that generate
revenue exceeding costs.’’; and
(B) by striking paragraph (3);
(3) in subsection (c)—
(A) in paragraph (1), by striking ‘‘of title 49, United
States Code’’; and
(B) in paragraph (5), by striking ‘‘title 49, United States
Code,’’ and inserting ‘‘this title’’;
(4) in subsection (e), by amending paragraph (1) to read
as follows:
‘‘(1) DIRECT LOANS.—The interest rate on a direct loan
under this section shall be not less than the yield on United
States Treasury securities of a similar maturity to the maturity
of the secured loan on the date of execution of the loan agreement.’’;
(5) in subsection (f)—
(A) in paragraph (3)—
(i) in the matter preceding subparagraph (A)—
(I) by striking ‘‘An applicant may propose and’’
and inserting ‘‘Upon receipt of a proposal from
an applicant under this section,’’; and
(II) by striking ‘‘tangible asset’’ and inserting
‘‘collateral described in paragraph (6)’’;
(ii) in subparagraph (B)(ii), by inserting ‘‘,
including operating or tenant charges, facility rents,
or other fees paid by transportation service providers
or operators for access to, or the use of, infrastructure,
including rail lines, bridges, tunnels, yards, or stations’’
after ‘‘user fees’’;
(iii) in subparagraph (C), by striking ‘‘$75,000,000’’
and inserting ‘‘$150,000,000’’; and
(iv) by adding at the end the following:
‘‘(D) Revenue from projected freight or passenger
demand for the project based on regionally developed economic forecasts, including projections of any modal diversion resulting from the project.’’; and

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Deadline.

PUBL058

135 STAT. 686

(B) by adding at the end the following:
‘‘(5) COHORTS OF LOANS.—Subject to the availability of
funds appropriated by Congress under section 22406(a)(2), for
any direct loan issued before the date of enactment of the
Fixing America’s Surface Transportation Act (Public Law 114–
94) pursuant to sections 501 through 504 of the Railroad
Revitalization and Regulatory Reform Act of 1976 (Public Law
94-210), the Secretary shall repay the credit risk premiums
of such loan, with interest accrued thereon, not later than—
‘‘(A) 60 days after the date of enactment of the Surface
Transportation Investment Act of 2021 if the borrower
has satisfied all obligations attached to such loan; or
‘‘(B) if the borrower has not yet satisfied all obligations
attached to such loan, 60 days after the date on which
all obligations attached to such loan have been satisfied.
‘‘(6) COLLATERAL.—
‘‘(A) TYPES OF COLLATERAL.—An applicant or infrastructure partner may propose tangible and intangible
assets as collateral, exclusive of goodwill. The Secretary,
after evaluating each such asset—
‘‘(i) shall accept a net liquidation value of collateral; and
‘‘(ii) shall consider and may accept—
‘‘(I) the market value of collateral; or
‘‘(II) in the case of a blanket pledge or assignment of an entire operating asset or basket of
assets as collateral, the market value of assets,
or, the market value of the going concern, considering—
‘‘(aa) inclusion in the pledge of all the
assets necessary for independent operational
utility of the collateral, including tangible
assets such as real property, track and structure, motive power, equipment and rolling
stock, stations, systems and maintenance
facilities and intangible assets such as longterm shipping agreements, easements, leases
and access rights such as for trackage and
haulage;
‘‘(bb) interchange commitments; and
‘‘(cc) the value of the asset as determined
through the cost or market approaches, or the
market value of the going concern, with the
latter considering discounted cash flows for
a period not to exceed the term of the direct
loan or loan guarantee.
‘‘(B) APPRAISAL STANDARDS.—In evaluating appraisals
of collateral under subparagraph (A), the Secretary shall
consider—
‘‘(i) adherence to the substance and principles of
the Uniform Standards of Professional Appraisal Practice, as developed by the Appraisal Standards Board
of the Appraisal Foundation; and
‘‘(ii) the qualifications of the appraisers to value
the type of collateral offered.
‘‘(7) REPAYMENT OF CREDIT RISK PREMIUMS.—The Secretary
shall return credit risk premiums paid, and interest accrued

Deadline.

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Evaluations.

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135 STAT. 687

on such premiums, to the original source when all obligations
of a loan or loan guarantee have been satisfied. This paragraph
applies to any project that has been granted assistance under
this section after the date of enactment of the Surface Transportation Investment Act of 2021.’’;
(6) in subsection (g), by amending paragraph (1) the read
as follows:
‘‘(1) repayment of the obligation is required to be made
within a term that is not longer than the shorter of—
‘‘(A) 75 years after the date of substantial completion
of the project;
‘‘(B) the estimated useful life of the rail equipment
or facilities to be acquired, rehabilitated, improved, developed, or established, subject to an adequate determination
of long-term risk; or
‘‘(C) for projects determined to have an estimated useful life that is longer than 35 years, the period that is
equal to the sum of—
‘‘(i) 35 years; and
‘‘(ii) the product of—
‘‘(I) the difference between the estimated useful life and 35 years; multiplied by
‘‘(II) 75 percent.’’;
(7) in subsection (h)—
(A) in paragraph (3)—
(i) in subparagraph (A)—
(I) by striking ‘‘of title 49, United States Code’’;
(II) by striking ‘‘the National Railroad Passenger Corporation’’ and inserting ‘‘Amtrak’’; and
(III) by striking ‘‘of that title’’; and
(ii) in subparagraph (B), by striking ‘‘section 504
of this Act’’ and inserting ‘‘section 22404’’; and
(B) in paragraph (4), by striking ‘‘(b)(1)(E)’’ and
inserting ‘‘(b)(1)(F)’’;
(8) in subsection (i)—
(A) by amending paragraph (4) to read as follows:
‘‘(4) STREAMLINED APPLICATION REVIEW PROCESS.—
‘‘(A) IN GENERAL.—Not later than 180 days after the
date of enactment of the Surface Transportation Investment Act of 2021, the Secretary shall implement procedures
and measures to economize and make available an streamlined application process or processes at the request of
applicants seeking loans or loan guarantees.
‘‘(B) CRITERIA.—Applicants seeking loans and loan
guarantees under this section shall—
‘‘(i) seek a total loan or loan guarantee value not
exceeding $150,000,000;
‘‘(ii) meet eligible project purposes described in
subparagraphs (A) and (B) of subsection (b)(1); and
‘‘(iii) meet other criteria considered appropriate by
the Secretary, in consultation with the Council on
Credit and Finance of the Department of Transportation.
‘‘(C) EXPEDITED CREDIT REVIEW.—The total period
between the submission of an application and the approval
or disapproval of an application for a direct loan or loan
guarantee under this paragraph may not exceed 90 days.

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Time period.

Loans.
Deadline.
Procedures.

Consultation.

Time period.

PUBL058

135 STAT. 688

If an application review conducted under this paragraph
exceeds 90 days, the Secretary shall—
‘‘(i) provide written notice to the applicant,
including a justification for the delay and updated
estimate of the time needed for approval or disapproval; and
‘‘(ii) publish the notice on the dashboard described
in paragraph (5).’’;
(B) in paragraph (5)—
(i) in subparagraph (E), by striking ‘‘and’’ at the
end;
(ii) in subparagraph (F), by adding ‘‘; and’’ at the
end; and
(iii) by adding at the end the following:
‘‘(G) whether the project utilized the streamlined
application process under paragraph (4).’’; and
(C) by adding at the end the following:
‘‘(6) CREDITWORTHINESS REVIEW STATUS.—
‘‘(A) IN GENERAL.—The Secretary shall maintain status
information related to each application for a loan or loan
guarantee, which shall be provided to the applicant upon
request, including—
‘‘(i) the total value of the proposed loan or loan
guarantee;
‘‘(ii) the name of the applicant or applicants
submitting the application;
‘‘(iii) the proposed capital structure of the project
to which the loan or loan guarantee would be applied,
including the proposed Federal and non-Federal shares
of the total project cost;
‘‘(iv) the type of activity to receive credit assistance,
including whether the project is new construction, the
rehabilitation of existing rail equipment or facilities,
or the refinancing an existing loan or loan guarantee;
‘‘(v) if a deferred payment is proposed, the length
of such deferment;
‘‘(vi) the credit rating or ratings provided for the
applicant;
‘‘(vii) if other credit instruments are involved, the
proposed subordination relationship and a description
of such other credit instruments;
‘‘(viii) a schedule for the readiness of proposed
investments for financing;
‘‘(ix) a description of any Federal permits required,
including under the National Environmental Policy Act
of 1969 (42 U.S.C. 4321 et seq.) and any waivers under
section 5323(j) (commonly known as the ‘Buy America
Act’);
‘‘(x) other characteristics of the proposed activity
to be financed, borrower, key agreements, or the nature
of the credit that the Secretary considers to be fundamental to the creditworthiness review;
‘‘(xi) the status of the application in the preapplication review and selection process;
‘‘(xii) the cumulative amounts paid by the Secretary to outside advisors related to the application,
including financial and legal advisors;

Notice.
Estimate.

Publication.

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Schedule.

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‘‘(xiii) a description of the key rating factors used
by the Secretary to determine credit risk, including—
‘‘(I) the factors used to determine risk for the
proposed application;
‘‘(II) an adjectival risk rating for each identified factor, ranked as either low, moderate, or high;
‘‘(xiv) a nonbinding estimate of the credit risk premium, which may be in the form of—
‘‘(I) a range, based on the assessment of risk
factors described in clause (xiii); or
‘‘(II) a justification for why the estimate of
the credit risk premium cannot be determined
based on available information; and
‘‘(xv) a description of the key information the Secretary needs from the applicant to complete the credit
review process and make a final determination of the
credit risk premium.
‘‘(B) REPORT UPON REQUEST.—The Secretary shall provide the information described in subparagraph (A) not
later than 30 days after a request from the applicant.
‘‘(C) EXCEPTION.—Applications processed using the
streamlined application review process under paragraph
(4) are not subject to the requirements under this paragraph.’’;
(9) in subsection (l)(2)(A)(iii), by striking ‘‘under this title’’
and inserting ‘‘under this chapter’’;
(10) in subsection (m)(1), by striking ‘‘under this title’’
and inserting ‘‘under this chapter’’; and
(11) by adding at the end the following:
‘‘(n) NON-FEDERAL SHARE.—The proceeds of a loan provided
under this section may be used as the non-Federal share of project
costs for any grant program administered by the Secretary if such
loan is repayable from non-Federal funds.’’.
(e) ADMINISTRATION OF DIRECT LOANS AND LOAN GUARANTEES.—Section 22403 of title 49, United States Code, as added
by subsection (a)(2), and amended by subsection (a)(5), is further
amended—
(1) in subsection (a)—
(A) by striking ‘‘The Secretary shall’’ and inserting
the following:
‘‘(1) IN GENERAL.—The Secretary shall’’;
(B) in paragraph (1), as designated by subparagraph
(A), by striking ‘‘section 502’’ and inserting ‘‘section 22402’’;
and
(C) by adding at the end the following:
‘‘(2) DOCUMENTATION.—An applicant meeting the size
standard for small business concerns established under section
3(a)(2) of the Small Business Act (15 U.S.C. 632(a)(2)) may
provide unaudited financial statements as documentation of
historical financial information if such statements are accompanied by the applicant’s Federal tax returns and Internal
Revenue Service tax verifications for the corresponding years.’’;
(2) in subsection (d)(3), by striking ‘‘section 502(f)’’ and
inserting ‘‘section 22402(f)’’;
(3) in subsection (l)(3)(B), by striking ‘‘serving a direct
loan’’ and inserting ‘‘servicing a direct loan’’; and
(4) in each of subsections (b) through (m), as applicable—

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Estimate.

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PUBLIC LAW 117–58—NOV. 15, 2021

(A) by striking ‘‘section 502’’ each place it appears
and inserting ‘‘section 22402’’; and
(B) by striking ‘‘this title’’ each place it appears and
inserting ‘‘this chapter’’.
(f) EMPLOYEE PROTECTION.—Section 22404 of title 49, United
States Code, as added by subsection (a)(2), and amended by subsection (a)(6), is further amended—
(1) in subsection (a)—
(A) by striking ‘‘not otherwise protected under title
V of the Regional Rail Reorganization Act of 1973 (45
U.S.C. 771 et seq.),’’;
(B) by striking ‘‘under this title’’ and inserting ‘‘under
this chapter’’;
(C) by striking ‘‘within 120 days after the date of
enactment of this title’’ and inserting ‘‘not later than 120
days after February 5, 1976’’; and
(D) by striking ‘‘within 150 days after the date of
enactment of this title’’ and inserting ‘‘not later than 150
days after February 5, 1976’’;
(2) in subsection (b)—
(A) in the matter preceding paragraph (1)—
(i) by striking ‘‘applicable financial assistance
under this title’’ and inserting ‘‘applicable financial
assistance under this chapter’’; and
(ii) by striking ‘‘from financial assistance under
this title’’ and inserting ‘‘from financial assistance
under this chapter’’;
(B) in paragraph (3), by striking ‘‘under this title’’
and inserting ‘‘under this chapter’’; and
(C) in paragraph (4), by striking ‘‘to this title’’ and
inserting ‘‘to this chapter’’; and
(3) in subsection (c), by striking ‘‘to this title’’ and inserting
‘‘to this chapter’’.
(g) SUBSTANTIVE CRITERIA AND STANDARDS.—Chapter 224 of
title 49, United States Code, as added by subsection (a), and
amended by subsections (c) through (f), is further amended by
adding at the end the following:
49 USC 22405.
Federal Register,
publication.
Web posting.
Determination.

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Procedures.
Guidelines.
Deadlines.

49 USC 22406.

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‘‘§ 22405. Substantive criteria and standards
‘‘The Secretary shall—
‘‘(1) publish in the Federal Register and post on a website
of the Department of Transportation the substantive criteria
and standards used by the Secretary to determine whether
to approve or disapprove applications submitted under section
22402; and
‘‘(2) ensure that adequate procedures and guidelines are
in place to permit the filing of complete applications not later
than 30 days after the publication referred to in paragraph
(1).’’.
(h) AUTHORIZATION OF APPROPRIATIONS.—Chapter 224 of title
49, United States Code, as added by subsection (a), and amended
by subsections (c) through (g), is further amended by adding at
the end the following:
‘‘§ 22406. Authorization of appropriations.
‘‘(a) AUTHORIZATION.—

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135 STAT. 691

‘‘(1) IN GENERAL.—There is authorized to be appropriated
for credit assistance under this chapter, which shall be provided
at the discretion of the Secretary, $50,000,000 for each of fiscal
years 2022 through 2026.
‘‘(2) REFUND OF PREMIUM.—There is authorized to be appropriated to the Secretary $70,000,000 to repay the credit risk
premium in accordance with section 22402(f)(5).
‘‘(3) AVAILABILITY.—Amounts appropriated pursuant to this
subsection shall remain available until expended.
‘‘(b) USE OF FUNDS.—
‘‘(1) IN GENERAL.—Credit assistance provided under subsection (a) may not exceed $20,000,000 for any loan or loan
guarantee.
‘‘(2) ADMINISTRATIVE COSTS.—Not less than 3 percent of
the amounts appropriated pursuant to subsection (a) in each
fiscal year shall be made available to the Secretary for use
in place of charges collected under section 22403(l)(1) for passenger railroads and freight railroads other than Class I carriers.
‘‘(3) SHORT LINE SET-ASIDE.—Not less than 50 percent of
the amounts appropriated pursuant to subsection (a)(1) for
each fiscal year shall be set aside for freight railroads other
than Class I carriers.’’.
(i) CLERICAL AMENDMENT.—The analysis for title 49, United
States Code, is amended by inserting after the item relating to
chapter 223 the following:

Time period.

49 USC 20101
prec.

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‘‘224 . Railroad rehabilitation and improvement financing ....................22401’’.

(j) TECHNICAL AND CONFORMING AMENDMENTS.—
(1) NATIONAL TRAILS SYSTEM ACT.—Section 8(d) of the
National Trails System Act (16 U.S.C. 1247(d)) is amended
by inserting ‘‘(45 U.S.C. 801 et seq.) and chapter 224 of title
49, United States Code’’ after ‘‘1976’’.
(2) PASSENGER RAIL REFORM AND INVESTMENT ACT.—Section
11315(c) of the Passenger Rail Reform and Investment Act
of 2015 (23 U.S.C. 322 note; Public Law 114–94) is amended
by striking ‘‘sections 502 and 503 of the Railroad Revitalization
and Regulatory Reform Act of 1976’’ and inserting ‘‘sections
22402 and 22403 of title 49, United States Code’’.
(3) PROVISIONS CLASSIFIED IN TITLE 45, UNITED STATES
CODE.—
(A) RAILROAD REVITALIZATION AND REGULATORY
REFORM ACT OF 1976.—Section 101 of the Railroad Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 801)
is amended—
(i) in subsection (a), in the matter preceding paragraph (1), by striking ‘‘It is the purpose of the Congress
in this Act to’’ and inserting ‘‘The purpose of this
Act and chapter 224 of title 49, United States Code,
is to’’; and
(ii) in subsection (b), in the matter preceding paragraph (1), by striking ‘‘It is declared to be the policy
of the Congress in this Act’’ and inserting ‘‘The policy
of this Act and chapter 224 of title 49, United States
Code, is’’.
(B) RAILROAD INFRASTRUCTURE FINANCING IMPROVEMENT
ACT.—The
Railroad Infrastructure Financing

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135 STAT. 692

PUBLIC LAW 117–58—NOV. 15, 2021
Improvement Act (subtitle F of title XI of Public Law
114–94) is amended—
(i) in section 11607(b) (45 U.S.C. 821 note), by
striking ‘‘All provisions under sections 502 through
504 of the Railroad Revitalization and Regulatory
Reform Act of 1976 (45 U.S.C. 801 et seq.)’’ and
inserting ‘‘All provisions under section 22402 through
22404 of title 49, United States Code,’’; and
(ii) in section 11610(b) (45 U.S.C. 821 note), by
striking ‘‘section 502(f) of the Railroad Revitalization
and Regulatory Reform Act of 1976 (45 U.S.C. 822(f)),
as amended by section 11607 of this Act’’ and inserting
‘‘section 22402(f) of title 49, United States Code’’.
(C) TRANSPORTATION EQUITY ACT FOR THE 21ST CENTURY.—Section 7203(b)(2) of the Transportation Equity Act
for the 21st Century (Public Law 105–178; 45 U.S.C. 821
note) is amended by striking ‘‘title V of the Railroad
Revitalization and Regulatory Reform Act of 1976 (45
U.S.C. 821 et seq.)’’ and inserting ‘‘chapter 224 of title
49, United States Code,’’.
(D) HAMM ALERT MARITIME SAFETY ACT OF 2018.—Section 212(d)(1) of Hamm Alert Maritime Safety Act of 2018
(title II of Public Law 115–265; 45 U.S.C. 822 note) is
amended, in the matter preceding subparagraph (A), by
striking ‘‘for purposes of section 502(f)(4) of the Railroad
Revitalization and Regulatory Reform Act of 1976 (45
U.S.C. 822(f)(4))’’ and inserting ‘‘for purposes of section
22402 of title 49, United States Code’’.
(E) MILWAUKEE RAILROAD RESTRUCTURING ACT.—Section 15(f) of the Milwaukee Railroad Restructuring Act
(45 U.S.C. 914(f)) is amended by striking ‘‘Section 516
of the Railroad Revitalization and Regulatory Reform Act
of 1976 (45 U.S.C. 836)’’ and inserting ‘‘Section 22404 of
title 49, United States Code,’’.
(F) ROCK ISLAND RAILROAD TRANSITION AND EMPLOYEE
ASSISTANCE ACT.—Section 104(b) of the Rock Island Railroad Transition and Employee Assistance Act (45 U.S.C.
1003(b)) is amended—
(i) in paragraph (1)—
(I) by striking ‘‘title V of the Railroad Revitalization and Regulatory Reform Act of 1976 (45
U.S.C. 821 et seq.)’’ and inserting ‘‘chapter 224
of title 49, United States Code,’’; and
(II) by striking ‘‘and section 18(b) of the Milwaukee Railroad Restructuring Act’’; and
(ii) in paragraph (2), by striking ‘‘title V of the
Railroad Revitalization and Regulatory Reform Act of
1976, and section 516 of such Act (45 U.S.C. 836)’’
and inserting ‘‘chapter 224 of title 49, United States
Code, including section 22404 of such title,’’.
(4) TITLE 49.—
(A) NATIONAL SURFACE TRANSPORTATION AND INNOVATIVE FINANCE BUREAU.—Section 116(d)(1)(B) of title 49,
United States Code, is amended by striking ‘‘sections 501
through 503 of the Railroad Revitalization and Regulatory
Reform Act of 1976 (45 U.S.C. 821–823)’’ and inserting
‘‘sections 22401 through 22403’’.

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135 STAT. 693

(B) PROHIBITED DISCRIMINATION.—Section 306(b) of
title 49, United States Code, is amended—
(i) by striking ‘‘chapter 221 or 249 of this title,’’
and inserting ‘‘chapter 221, 224, or 249 of this title,
or’’; and
(ii) by striking ‘‘, or title V of the Railroad Revitalization and Regulatory Reform Act of 1976 (45 U.S.C.
821 et seq.)’’.
(C) PASSENGER RAIL REFORM AND INVESTMENT ACT OF
2015.—Section 11311(d) of the Passenger Rail Reform and
Investment Act of 2015 (Public Law 114–94; 49 U.S.C.
20101 note) is amended by striking ‘‘, and section 502
of the Railroad Revitalization and Regulatory Reform Act
of 1976 (45 U.S.C. 822)’’.
(D) GRANT CONDITIONS.—Section 22905(c)(2)(B) of title
49, United States Code, is amended by striking ‘‘section
504 of the Railroad Revitalization and Regulatory Reform
Act of 1976 (45 U.S.C. 836)’’ and inserting ‘‘section 22404’’.
(E) PASSENGER RAIL INVESTMENT AND IMPROVEMENT
ACT OF 2008.—Section 205(g) of the Passenger Rail Investment and Improvement Act of 2008 (division B of Public
Law 110–432; 49 U.S.C. 24101 note) is amended by striking
‘‘title V of the Railroad Revitalization and Regulatory
Reform Act of 1976 (45 U.S.C. 821 et seq.)’’ and inserting
‘‘chapter 224 of title 49, United States Code’’.
(F) AMTRAK AUTHORITY.—Section 24903 of title 49,
United States Code, is amended—
(i) in subsection (a)(6), by striking ‘‘and the Railroad Revitalization and Regulatory Reform Act of 1976
(45 U.S.C. 801 et seq.)’’ and inserting ‘‘, the Railroad
Revitalization and Regulatory Reform Act of 1976 (45
U.S.C. 801 et seq.), and chapter 224 of this title’’;
and
(ii) in subsection (c)(2), by striking ‘‘and the Railroad Revitalization and Regulatory Reform Act of 1976
(45 U.S.C. 801 et seq.)’’ and inserting ‘‘, the Railroad
Revitalization and Regulatory Reform Act of 1976 (45
U.S.C. 801 et seq.), and chapter 224 of this title’’.
SEC. 21302. SUBSTANTIVE CRITERIA AND STANDARDS.

Not later than 180 days after the date of enactment of this
Act, the Secretary shall update the publicly available credit program
guide in accordance with the provisions of chapter 224 of title
49, United States Code, as added by section 21301.

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SEC. 21303. SEMIANNUAL REPORT ON TRANSIT-ORIENTED DEVELOPMENT ELIGIBILITY.

Deadline.
Update.
Public
information.
49 USC 22402
note.
49 USC 22402
note.

Not later than 6 months after the date of enactment of this
Act, and every 6 months thereafter, the Secretary shall submit
a report to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives that identifies—
(1) the number of applications submitted to the Department
for a direct loan or loan guarantee under section 22402(b)(1)(E)
of title 49, United States Code, as amended by section 21301;
(2) the number of such loans or loan guarantees that were
provided to the applicants; and

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PUBLIC LAW 117–58—NOV. 15, 2021
(3) for each such application, the reasons for providing
or declining to provide the requested loan or loan guarantee.

Passenger Rail
Expansion and
Rail Safety Act of
2021.
49 USC 20101
note.

TITLE II—RAIL
SEC. 22001. SHORT TITLE.

This title may be cited as the ‘‘Passenger Rail Expansion and
Rail Safety Act of 2021’’.

Subtitle A—Authorization of
Appropriations

Time periods.

SEC. 22101. GRANTS TO AMTRAK.

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Determination.
Compliance.

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12:25 Dec 28, 2021

(a) NORTHEAST CORRIDOR.—There are authorized to be appropriated to the Secretary for grants to Amtrak for activities associated with the Northeast Corridor the following amounts:
(1) For fiscal year 2022, $1,570,000,000.
(2) For fiscal year 2023, $1,100,000,000.
(3) For fiscal year 2024, $1,200,000,000.
(4) For fiscal year 2025, $1,300,000,000.
(5) For fiscal year 2026, $1,400,000,000.
(b) NATIONAL NETWORK.—There are authorized to be appropriated to the Secretary for grants to Amtrak for activities associated with the National Network the following amounts:
(1) For fiscal year 2022, $2,300,000,000.
(2) For fiscal year 2023, $2,200,000,000.
(3) For fiscal year 2024, $2,450,000,000.
(4) For fiscal year 2025, $2,700,000,000.
(5) For fiscal year 2026, $3,000,000,000.
(c) OVERSIGHT.—The Secretary may withhold up to 0.5 percent
from the amount appropriated for each fiscal year pursuant to
subsections (a) and (b) for the costs of oversight of Amtrak.
(d) STATE-SUPPORTED ROUTE COMMITTEE.—The Secretary may
withhold up to $3,000,000 from the amount appropriated for each
fiscal year pursuant to subsection (b) for use by the State-Supported
Route Committee established under section 24712(a) of title 49,
United States Code.
(e) NORTHEAST CORRIDOR COMMISSION.—The Secretary may
withhold up to $6,000,000 from the amount appropriated for each
fiscal year pursuant to subsection (a) for use by the Northeast
Corridor Commission established under section 24905(a) of title
49, United States Code.
(f) INTERSTATE RAIL COMPACTS.—The Secretary may withhold
up to $3,000,000 from the amount appropriated for each fiscal
year pursuant to subsection (b) for grants authorized under section
22910 of title 49, United States Code.
(g) ACCESSIBILITY UPGRADES.—
(1) IN GENERAL.—The Secretary shall withhold $50,000,000
from the amount appropriated for each fiscal year pursuant
to subsections (a) and (b) for grants to assist Amtrak in
financing capital projects to upgrade the accessibility of the
national rail passenger transportation system by increasing
the number of existing facilities that are compliant with the
requirements under the Americans with Disabilities Act of 1990
(42 U.S.C. 12101 et seq.) until the Secretary determines

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Amtrak’s existing facilities are in compliance with such requirements.
(2) SAVINGS PROVISION.—Nothing in paragraph (1) may
be construed to prevent Amtrak from using additional funds
appropriated pursuant to this section to carry out the activities
authorized under such paragraph.
(h) CORRIDOR DEVELOPMENT.—In addition to the activities
authorized under subsection (b), Amtrak may use up to 10 percent
of the amounts appropriated under subsection (b) in each fiscal
year to support Amtrak-operated corridors selected under section
22306 for—
(1) planning and capital costs; and
(2) operating assistance consistent with the Federal funding
limitations under section 22908 of title 49, United States Code.
SEC. 22102. FEDERAL RAILROAD ADMINISTRATION.

(a) SAFETY AND OPERATIONS.—There are authorized to be appropriated to the Secretary for the operations of the Federal Railroad
Administration and to carry out railroad safety activities the following amounts:
(1) For fiscal year 2022, $248,000,000.
(2) For fiscal year 2023, $254,000,000.
(3) For fiscal year 2024, $263,000,000.
(4) For fiscal year 2025, $271,000,000.
(5) For fiscal year 2026, $279,000,000.
(b) RAILROAD RESEARCH AND DEVELOPMENT.—There are authorized to be appropriated to the Secretary for the use of the Federal
Railroad Administration for activities associated with railroad
research and development the following amounts:
(1) For fiscal year 2022, $43,000,000.
(2) For fiscal year 2023, $44,000,000.
(3) For fiscal year 2024, $45,000,000.
(4) For fiscal year 2025, $46,000,000.
(5) For fiscal year 2026, $47,000,000.
(c) TRANSPORTATION TECHNOLOGY CENTER.—The Secretary may
withhold up to $3,000,000 from the amount appropriated for each
fiscal year pursuant to subsection (b) for activities authorized under
section 20108(d) of title 49, United States Code.
(d) RAIL RESEARCH AND DEVELOPMENT CENTER OF EXCELLENCE.—The Secretary may withhold up to 10 percent of the amount
appropriated for each fiscal year under subsection (b) for grants
authorized under section 20108(j) of title 49, United States Code.
SEC. 22103. CONSOLIDATED RAIL INFRASTRUCTURE AND SAFETY
IMPROVEMENTS GRANTS.

(a) IN GENERAL.—There is authorized to be appropriated to
the Secretary for grants under section 22907 of title 49, United
States Code, $1,000,000,000 for each of fiscal years 2022 through
2026.
(b) OVERSIGHT.—The Secretary may withhold up to 2 percent
from the amount appropriated for each fiscal year pursuant to
subsection (a) for the costs of project management oversight of
grants authorized under title 49, United States Code.
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SEC. 22104. RAILROAD CROSSING ELIMINATION PROGRAM.

(a) IN GENERAL.—There is authorized to be appropriated to
the Secretary for grants under section 22909 of title 49, United

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Contracts.
Grants.

PUBLIC LAW 117–58—NOV. 15, 2021

States Code, as added by section 22305, $500,000,000 for each
of fiscal years 2022 through 2026.
(b) PLANNING PROJECTS.—Not less than 3 percent of the amount
appropriated in each fiscal year pursuant to subsection (a) year
shall be used for planning projects described in section 22909(d)(6)
of title 49, United States Code.
(c) HIGHWAY-RAIL GRADE CROSSING SAFETY INFORMATION AND
EDUCATION PROGRAM.—Of the amount appropriated under subsection (a) in each fiscal year, 0.25 percent shall be used for contracts or grants to carry out a highway-rail grade crossing safety
information and education program—
(1) to help prevent and reduce pedestrian, motor vehicle,
and other accidents, incidents, injuries, and fatalities; and
(2) to improve awareness along railroad rights-of-way and
at highway-rail grade crossings.
(d) OVERSIGHT.—The Secretary may withhold up to 2 percent
from the amount appropriated for each fiscal year pursuant to
subsection (a) for the costs of project management oversight of
grants authorized under title 49, United States Code.
SEC. 22105. RESTORATION AND ENHANCEMENT GRANTS.

(a) IN GENERAL.—There is authorized to be appropriated to
the Secretary for grants under section 22908 of title 49, United
States Code, $50,000,000 for each of fiscal years 2022 through
2026.
(b) OVERSIGHT.—The Secretary may withhold up to 1 percent
of the amount appropriated for each fiscal year pursuant to subsection (a) for the costs of project management oversight of grants
authorized under title 49, United States Code.
SEC. 22106. FEDERAL-STATE PARTNERSHIP FOR INTERCITY PASSENGER RAIL GRANTS.

(a) IN GENERAL.—There is authorized to be appropriated to
the Secretary for grants under section 24911 of title 49, United
States Code, $1,500,000,000 for each of fiscal years 2022 through
2026.
(b) OVERSIGHT.—The Secretary may withhold up to 2 percent
of the amount appropriated under subsection (a) for the costs of
project management oversight of grants authorized under title 49,
United States Code.
SEC. 22107. AMTRAK OFFICE OF INSPECTOR GENERAL.

There are authorized to be appropriated to the Office of
Inspector General of Amtrak the following amounts:
(1) For fiscal year 2022, $26,500,000.
(2) For fiscal year 2023, $27,000,000.
(3) For fiscal year 2024, $27,500,000.
(4) For fiscal year 2025, $28,000,000.
(5) For fiscal year 2026, $28,500,000.

Subtitle B—Amtrak Reforms

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SEC. 22201. AMTRAK FINDINGS, MISSION, AND GOALS.

(a) FINDINGS.—Section 24101(a) of title 49, United States Code,
is amended—
(1) in paragraph (1), by striking ‘‘between crowded urban
areas and in other areas of’’ and inserting ‘‘throughout’’;

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(2) in paragraph (4), by striking ‘‘to Amtrak to achieve
a performance level sufficient to justify expending public
money’’ and inserting ‘‘in order to meet the intercity passenger
rail needs of the United States’’;
(3) in paragraph (5)—
(A) by inserting ‘‘intercity passenger and’’ before ‘‘commuter’’; and
(B) by inserting ‘‘and rural’’ after ‘‘major urban;’’ and
(4) by adding at the end the following:
‘‘(9) Long-distance routes are valuable resources of the United
States that are used by rural and urban communities.’’.
(b) GOALS.—Section 24101(c) of title 49, United States Code,
is amended—
(1) by amending paragraph (1) to read as follows:
‘‘(1) use its best business judgment in acting to maximize
the benefits of Federal investments, including—
‘‘(A) offering competitive fares;
‘‘(B) increasing revenue from the transportation of mail
and express;
‘‘(C) offering food service that meets the needs of its
customers;
‘‘(D) improving its contracts with rail carriers over
whose tracks Amtrak operates;
‘‘(E) controlling or reducing management and operating
costs; and
‘‘(F) providing economic benefits to the communities
it serves;’’;
(2) in paragraph (11), by striking ‘‘and’’ at the end;
(3) in paragraph (12), by striking the period at the end
and inserting ‘‘; and’’; and
(4) by adding at the end the following:
‘‘(13) support and maintain established long-distance routes
to provide value to the Nation by serving customers throughout
the United States and connecting urban and rural communities.’’.
(c) INCREASING REVENUES.—Section 24101(d) of title 49, United
States Code, is amended to read as follows:
‘‘(d) INCREASING REVENUES.—Amtrak is encouraged to make
agreements with private sector entities and to undertake initiatives
that are consistent with good business judgment and designed
to generate additional revenues to advance the goals described
in subsection (c).’’.

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SEC. 22202. COMPOSITION OF AMTRAK’S BOARD OF DIRECTORS.

(a) SELECTION; COMPOSITION; CHAIR.—Section 24302(a) of title
49, United States Code, is amended—
(1) in paragraph (1)—
(A) in subparagraph (B), by striking ‘‘President’’ and
inserting ‘‘Chief Executive Officer’’; and
(B) in subparagraph (C), by inserting ‘‘, at least 1
of whom shall be an individual with a disability (as defined
in section 3 of the Americans with Disabilities Act of 1990
(42 U.S.C. 12102)) who has a demonstrated history of,
or experience with, accessibility, mobility, and inclusive
transportation in passenger rail or commuter rail’’ before
the period at the end;

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49 USC 24302
note.

PUBLIC LAW 117–58—NOV. 15, 2021

(2) in paragraph (2), by striking ‘‘and try to provide adequate and balanced representation of the major geographic
regions of the United States served by Amtrak’’;
(3) by redesignating paragraph (5) as paragraph (7); and
(4) by striking paragraph (4) and inserting the following:
‘‘(4) Of the individuals appointed pursuant to paragraph
(1)(C)—
‘‘(A) 2 individuals shall reside in or near a location
served by a regularly scheduled Amtrak service along the
Northeast Corridor;
‘‘(B) 4 individuals shall reside in or near regions of
the United States that are geographically distributed outside of the Northeast Corridor, of whom—
‘‘(i) 2 individuals shall reside in States served by
a long-distance route operated by Amtrak;
‘‘(ii) 2 individuals shall reside in States served
by a State-supported route operated by Amtrak; and
‘‘(iii) an individual who resides in a State that
is served by a State-supported route and a long-distance route may be appointed to serve either position
referred to in clauses (i) and (ii);
‘‘(C) 2 individuals shall reside either—
‘‘(i) in or near a location served by a regularly
scheduled Amtrak service on the Northeast Corridor;
or
‘‘(ii) in a State served by long-distance or a Statesupported route; and
‘‘(D) each individual appointed to the Board pursuant
to this paragraph may only fill 1 of the allocations set
forth in subparagraphs (A) through (C).
‘‘(5) The Board shall elect a chairperson and vice chairperson, other than the Chief Executive Officer of Amtrak, from
among its membership. The vice chairperson shall act as chairperson in the absence of the chairperson.
‘‘(6) The Board shall meet at least annually with—
‘‘(A) representatives of Amtrak employees;
‘‘(B) representatives of persons with disabilities; and
‘‘(C) the general public, in an open meeting with a
virtual attendance option, to discuss financial performance
and service results.’’.
(b) RULE OF CONSTRUCTION.—None of the amendments made
by subsection (a) may be construed as affecting the term of any
director serving on the Amtrak Board of Directors under section
24302(a)(1)(C) of title 49, United States Code, as of the date of
enactment of this Act.
SEC. 22203. STATION AGENTS.

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Effective date.

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Section 24312 of title 49, United States Code, is amended
by adding at the end the following:
‘‘(c) AVAILABILITY OF STATION AGENTS.—
‘‘(1) IN GENERAL.—Except as provided in paragraph (2),
beginning on the date that is 1 year after the date of enactment
of the Passenger Rail Expansion and Rail Safety Act of 2021,
Amtrak shall ensure that at least 1 Amtrak ticket agent is
employed at each station building—

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‘‘(A) that Amtrak owns, or operates service through,
as part of a long-distance or Northeast Corridor passenger
service route;
‘‘(B) where at least 1 Amtrak ticket agent was
employed on or after October 1, 2017; and
‘‘(C) for which an average of 40 passengers boarded
or deboarded an Amtrak train per day during all of the
days in fiscal year 2017 when the station was serviced
by Amtrak, regardless of the number of Amtrak trains
servicing the station per day.
‘‘(2) EXCEPTION.—Paragraph (1) shall not apply to any station building in which a commuter rail ticket agent has the
authority to sell Amtrak tickets.’’.
SEC. 22204. INCREASING OVERSIGHT OF CHANGES TO AMTRAK LONGDISTANCE ROUTES AND OTHER INTERCITY SERVICES.

(a) AMTRAK ANNUAL OPERATIONS REPORT.—Section 24315(a)(1)
of title 49, United States Code, is amended—
(1) in subparagraph (G), by striking ‘‘and’’ at the end;
(2) in subparagraph (H), by adding ‘‘and’’ at the end; and
(3) by adding at the end the following:
‘‘(I) any change made to a route’s or service’s frequency
or station stops;’’.
(b) 5-YEAR BUSINESS LINE PLANS.—Section 24320(b)(2) of title
49, United States Code, is amended—
(1) by redesignating subparagraphs (B) through (L) as subparagraphs (C) through (M), respectively; and
(2) by inserting after subparagraph (A) the following:
‘‘(B) a detailed description of any plans to permanently
change a route’s or service’s frequency or station stops
for the service line;’’.

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SEC. 22205. IMPROVED OVERSIGHT OF AMTRAK ACCOUNTING.

Section 24317 of title 49, United States Code, is amended—
(1) in subsection (a)(2), by striking ‘‘and costs among
Amtrak business lines’’ and inserting ‘‘, including Federal grant
funds, and costs among Amtrak service lines’’;
(2) by amending subsection (b) to read as follows:
‘‘(b) ACCOUNT STRUCTURE.—
‘‘(1) IN GENERAL.—The Secretary of Transportation, in consultation with Amtrak, shall define, maintain, and periodically
update an account structure and improvements to accounting
methodologies, as necessary, to support the Northeast Corridor
and the National Network.
‘‘(2) NOTIFICATION OF SUBSTANTIVE CHANGES.—The Secretary shall notify the Committee on Commerce, Science, and
Transportation of the Senate, the Committee on Appropriations
of the Senate, the Committee on Transportation and Infrastructure of the House of Representatives, and the Committee on
Appropriations of the House of Representatives regarding any
substantive changes made to the account structure, including
changes to—
‘‘(A) the service lines described in section 24320(b)(1);
and
‘‘(B) the asset lines described in section 24320(c)(1).’’;
(3) in subsection (c), in the matter preceding paragraph
(1), by inserting ‘‘, maintaining, and updating’’ after ‘‘defining’’;

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PUBLIC LAW 117–58—NOV. 15, 2021
(4) in subsection (d), in the matter preceding paragraph
(1), by inserting ‘‘, maintaining, and updating’’ after ‘‘defining’’;
(5) by amending subsection (e) to read as follows:
‘‘(e) IMPLEMENTATION AND REPORTING.—
‘‘(1) IN GENERAL.—Amtrak, in consultation with the Secretary of Transportation, shall maintain and implement any
account structures and improvements defined under subsection
(b) to enable Amtrak to produce sources and uses statements
for each of the service lines described in section 24320(b)(1)
and, as appropriate, each of the asset lines described in section
24320(c)(1), that identify sources and uses of revenues, appropriations, and transfers between accounts.
‘‘(2) UPDATED SOURCES AND USES STATEMENTS.—Not later
than 30 days after the implementation of subsection (b), and
monthly thereafter, Amtrak shall submit to the Secretary of
Transportation updated sources and uses statements for each
of the service lines and asset lines referred to in paragraph
(1). The Secretary and Amtrak may agree to a different frequency of reporting.’’;
(6) by striking subsection (h); and
(7) by redesignating subsection (i) as subsection (h).

Consultation.

Deadline.
Time period.

SEC. 22206. IMPROVED OVERSIGHT OF AMTRAK SPENDING.

Requirements.
Schedules.

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Reports.

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(a) ALLOCATION OF COSTS AND REVENUES.—Section 24318(a)
of title 49, United States Code, is amended by striking ‘‘Not later
than 180 days after the date of enactment of the Passenger Rail
Reform and Investment Act of 2015,’’.
(b) GRANT PROCESS AND REPORTING.—Section 24319 of title
49, United States Code, is amended—
(1) in the section heading, by inserting ‘‘and reporting’’
after ‘‘process’’;
(2) by amending subsection (a) to read as follows:
‘‘(a) PROCEDURES FOR GRANT REQUESTS.—The Secretary of
Transportation shall—
‘‘(1) establish and maintain substantive and procedural
requirements, including schedules, for grant requests under
this section; and
‘‘(2) report any changes to such procedures to—
‘‘(A) the Committee on Commerce, Science, and
Transportation of the Senate;
‘‘(B) the Committee on Appropriations of the Senate;
‘‘(C) the Committee on Transportation and Infrastructure of the House of Representatives; and
‘‘(D) the Committee on Appropriations of the House
of Representatives.’’;
(3) in subsection (b), by striking ‘‘grant requests’’ and
inserting ‘‘a grant request annually, or as additionally
required,’’;
(4) by amending subsection (c) to read as follows:
‘‘(c) CONTENTS.—
‘‘(1) IN GENERAL.—Each grant request under subsection
(b) shall, as applicable—
‘‘(A) categorize and identify, by source, the Federal
funds and program income that will be used for the
upcoming fiscal year for each of the Northeast Corridor
and National Network in 1 of the categories or subcategories set forth in paragraph (2);

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135 STAT. 701

‘‘(B) describe the operations, services, programs,
projects, and other activities to be funded within each
of the categories set forth in paragraph (2), including—
‘‘(i) the estimated scope, schedule, and budget necessary to complete each project and program; and
‘‘(ii) the performance measures used to quantify
expected and actual project outcomes and benefits,
aggregated by fiscal year, project milestone, and any
other appropriate grouping; and
‘‘(C) describe the status of efforts to improve Amtrak’s
safety culture.
‘‘(2) GRANT CATEGORIES.—
‘‘(A) OPERATING EXPENSES.—Each grant request to use
Federal funds for operating expenses shall—
‘‘(i) include estimated net operating costs not covered by other Amtrak revenue sources;
‘‘(ii) specify Federal funding requested for each
service line described in section 24320(b)(1); and
‘‘(iii) be itemized by route.
‘‘(B) DEBT SERVICE.—A grant request to use Federal
funds for expenses related to debt, including payment of
principle and interest, as allowed under section 205 of
the Passenger Rail Investment and Improvement Act of
2008 (Public Law 110–432; 49 U.S.C. 24101 note).
‘‘(C) CAPITAL.—A grant request to use Federal funds
and program income for capital expenses shall include capital projects and programs primarily associated with—
‘‘(i) normalized capital replacement programs,
including regularly recurring work programs implemented on a systematic basis on classes of physical
railroad assets, such as track, structures, electric traction and power systems, rolling stock, and communications and signal systems, to maintain and sustain the
condition and performance of such assets to support
continued railroad operations;
‘‘(ii) improvement projects to support service and
safety enhancements, including discrete projects implemented in accordance with a fixed scope, schedule,
and budget that result in enhanced or new infrastructure, equipment, or facilities;
‘‘(iii) backlog capital replacement projects,
including discrete projects implemented in accordance
with a fixed scope, schedule, and budget that primarily
replace or rehabilitate major infrastructure assets,
including tunnels, bridges, stations, and similar assets,
to reduce the state of good repair backlog on the
Amtrak network;
‘‘(iv) strategic initiative projects, including discrete
projects implemented in accordance with a fixed scope,
schedule, and budget that primarily improve overall
operational performance, lower costs, or otherwise
improve Amtrak’s corporate efficiency; and
‘‘(v) statutory, regulatory, or other legally mandated projects, including discrete projects implemented
in accordance with a fixed scope, schedule, and budget
that enable Amtrak to fulfill specific legal or regulatory
mandates.

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Estimates.

Cost estimates.

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Determination.

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‘‘(D) CONTINGENCY.—A grant request to use Federal
funds for operating and capital expense contingency shall
include—
‘‘(i) contingency levels for specified activities and
operations; and
‘‘(ii) a process for the utilization of such contingency.
‘‘(3) MODIFICATION OF CATEGORIES.—The Secretary of
Transportation and Amtrak may jointly agree to modify the
categories set forth in paragraph (2) if such modifications are
necessary to improve the transparency, oversight, or delivery
of projects funded through grant requests under this section.’’;
(5) in subsection (d)(1)(A)—
(A) by inserting ‘‘complete’’ after ‘‘submits a’’;
(B) by striking ‘‘shall complete’’ and inserting ‘‘shall
finish’’; and
(C) in clause (ii), by striking ‘‘incomplete or’’;
(6) in subsection (e)—
(A) in paragraph (1)—
(i) by striking ‘‘and other activities to be funded
by the grant’’ and inserting ‘‘programs, projects, and
other activities to be funded by the grant, consistent
with the categories required for Amtrak in a grant
request under subsection (c)(1)(A)’’; and
(ii) by striking ‘‘or activities’’ and inserting ‘‘programs, projects, and other activities’’; and
(B) in paragraph (3)—
(i) by redesignating subparagraphs (A) and (B)
as subparagraphs (B) and (C), respectively; and
(ii) by inserting before subparagraph (B), as
redesignated, the following:
‘‘(A) using an otherwise allowable approach to the
method prescribed for a specific project or category of
projects under paragraph (2) if the Secretary and Amtrak
agree that a different payment method is necessary to
more successfully implement and report on an operation,
service, program, project, or other activity;’’;
(7) by redesignating subsection (h) as subsection (j); and
(8) by inserting after subsection (g) the following:
‘‘(h) APPLICABLE LAWS AND REGULATIONS.—
‘‘(1) SINGLE AUDIT ACT OF 1984.—Notwithstanding section
24301(a)(3) of this title and section 7501(a)(13) of title 31,
Amtrak shall be deemed a ‘non-Federal entity’ for purposes
of chapter 75 of title 31.
‘‘(2) REGULATIONS AND GUIDANCE.—The Secretary of
Transportation may apply some or all of the requirements
set forth in the regulations and guidance promulgated by the
Secretary relating to the management, administration, cost
principles, and audit requirements for Federal awards.
‘‘(i) AMTRAK GRANT REPORTING.—The Secretary of Transportation shall determine the varying levels of detail and information
that will be included in reports for operations, services, program,
projects, program income, cash on hand, and other activities within
each of the grant categories described in subsection (c)(2).’’.
(c) CONFORMING AMENDMENTS.—
(1) REPORTS AND AUDITS.—Section 24315(b)(1) of title 49,
United States Code, is amended—

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(A) in subparagraph (A), by striking ‘‘the goal of section
24902(b) of this title; and’’ and inserting ‘‘the goal described
in section 24902(a);’’;
(B) in subparagraph (B), by striking the period at
the end and inserting ‘‘; and’’; and
(C) by adding at the end the following:
‘‘(C) shall incorporate the category described in section
24319(c)(2)(C).’’.
(2) CLERICAL AMENDMENT.—The analysis for chapter 243
of title 49, United States Code, is amended by striking the
item relating to section 24319 and inserting the following:

49 USC 24301
prec.

‘‘24319. Grant process and reporting.’’.

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SEC. 22207. INCREASING SERVICE LINE AND ASSET LINE PLAN TRANSPARENCY.

(a) IN GENERAL.—Section 24320 of title 49, United States Code,
is amended—
(1) in the section heading, by striking ‘‘business line and
asset plans’’ and inserting ‘‘service line and asset line
plans’’;
(2) in subsection (a)—
(A) in paragraph (1)—
(i) by striking ‘‘of each year’’ and inserting ‘‘, 2020,
and biennially thereafter’’;
(ii) by striking ‘‘5-year business line plans and
5-year asset plans’’ and inserting ‘‘5-year service line
plans and 5-year asset line plans’’; and
(iii) by adding at the end the following: ‘‘During
each year in which Amtrak is not required to submit
a plan under this paragraph, Amtrak shall submit
to Congress updated financial sources and uses statements and forecasts with the annual report required
under section 24315(b).’’; and
(B) in paragraph (2), by striking ‘‘asset plan required
in’’ and inserting ‘‘asset line plan required under’’;
(3) in subsection (b)—
(A) in the subsection heading, by striking ‘‘BUSINESS’’
and inserting ‘‘SERVICE’’;
(B) in paragraph (1)—
(i) in the paragraph heading, by striking ‘‘BUSINESS’’ and inserting ‘‘SERVICE’’;
(ii) by striking ‘‘business’’ each place such term
appears and inserting ‘‘service’’;
(iii) by amending subparagraph (B) to read as follows:
‘‘(B) Amtrak State-supported train services.’’;
(iv) in subparagraph (C), by striking ‘‘routes’’ and
inserting ‘‘train services’’; and
(v) by adding at the end the following:
‘‘(E) Infrastructure access services for use of Amtrakowned or Amtrak-controlled infrastructure and facilities.’’;
(C) in paragraph (2)—
(i) in the paragraph heading, by striking ‘‘BUSINESS’’ and inserting ‘‘SERVICE’’;
(ii) by striking ‘‘business’’ each place such term
appears and inserting ‘‘service’’;

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Deadline.
Consultation.

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(iii) in subparagraph (A), by striking ‘‘Strategic
Plan and 5-year asset plans’’ and inserting ‘‘5-year
asset line plans’’;
(iv) in subparagraph (F) (as redesignated by section 22204(b)(1)), by striking ‘‘profit and loss’’ and
inserting ‘‘sources and uses’’;
(v) by striking subparagraph (G) (as redesignated
by section 22204(b)(1));
(vi) by redesignating subparagraphs (H) through
(M) (as redesignated by section 22204(b)(1)) as subparagraphs (G) through (L), respectively; and
(vii) by amending subparagraph (I) (as so redesignated) to read as follows:
‘‘(I) financial performance for each route, if deemed
applicable by the Secretary, within each service line,
including descriptions of the cash operating loss or contribution;’’;
(D) in paragraph (3)—
(i) in the paragraph heading, by striking ‘‘BUSINESS’’ and inserting ‘‘SERVICE’’;
(ii) by striking ‘‘business’’ each place such term
appears and inserting ‘‘service’’;
(iii) by redesignating subparagraphs (A), (B), (C),
and (D) as clauses (i), (ii), (iii), and (iv), respectively,
and moving such clauses 2 ems to the right;
(iv) by inserting before clause (i), as redesignated,
the following:
‘‘(A) not later than 180 days after the date of enactment
of the Passenger Rail Expansion and Rail Safety Act of
2021, submit to the Secretary, for approval, a consultation
process for the development of each service line plan that
requires Amtrak to—’’;
(v) in subparagraph (A), as amended by clause
(iv)—
(I) in clause (iii), as redesignated, by inserting
‘‘and submit the final service line plan required
under subsection (a)(1) to the State-Supported
Route Committee’’ before the semicolon at the end;
(II) in clause (iv), as redesignated, by inserting
‘‘and’’ after the semicolon at the end; and
(III) by adding at the end the following:
‘‘(v) for the infrastructure access service line plan,
consult with the Northeast Corridor Commission and
other entities, as appropriate, and submit the final
asset line plan under subsection (a)(1) to the Northeast
Corridor Commission;’’; and
(vi) by redesignating subparagraphs (E) and (F)
as subparagraphs (B) and (C), respectively;
(E) by redesignating paragraph (4) as paragraph (5);
and
(F) by inserting after paragraph (3)(C), as redesignated,
the following:
‘‘(4) 5-YEAR SERVICE LINE PLANS UPDATES.—Amtrak may
modify the content to be included in the service line plans
described in paragraph (1), upon the approval of the Secretary,
if the Secretary determines that such modifications are necessary to improve the transparency, oversight, and delivery

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135 STAT. 705

of Amtrak services and the use of Federal funds by Amtrak.’’;
and
(4) in subsection (c)—
(A) in the subsection heading, by inserting ‘‘LINE’’ after
‘‘ASSET’’;
(B) in paragraph (1)—
(i) in the paragraph heading, by striking ‘‘CATEGORIES’’ and inserting ‘‘LINES’’;
(ii) in the matter preceding subparagraph (A), by
striking ‘‘asset plan for each of the following asset
categories’’ and inserting ‘‘asset line plan for each of
the following asset lines’’;
(iii) by redesignating subparagraphs (A), (B), (C),
and (D) as subparagraphs (B), (C), (D), and (E), respectively;
(iv) by inserting before subparagraph (B), as
redesignated, the following:
‘‘(A) Transportation, including activities and resources
associated with the operation and movement of Amtrak
trains, onboard services, and amenities.’’;
(v) in subparagraph (B), as redesignated, by
inserting ‘‘and maintenance-of-way equipment’’ after
‘‘facilities’’; and
(vi) in subparagraph (C), as redesignated, by
striking ‘‘Passenger rail equipment’’ and inserting
‘‘Equipment’’;
(C) in paragraph (2)—
(i) in the paragraph heading, by inserting ‘‘LINE’’
after ‘‘ASSET’’;
(ii) in the matter preceding subparagraph (A), by
inserting ‘‘line’’ after ‘‘asset’’;
(iii) in subparagraph (A), by striking ‘‘category’’
and inserting ‘‘line’’;
(iv) in subparagraph (C)(iii)(III), by striking ‘‘and’’
at the end;
(v) by amending subparagraph (D) to read as follows:
‘‘(D) annual sources and uses statements and forecasts
for each asset line; and’’; and
(vi) by adding at the end the following:
‘‘(E) other elements that Amtrak elects to include.’’;
(D) in paragraph (3)—
(i) in the paragraph heading, by inserting ‘‘LINE’’
after ‘‘ASSET’’;
(ii) by redesignating subparagraphs (A) and (B)
as clauses (i) and (ii) and moving such clauses 2 ems
to the right;
(iii) by inserting before clause (i), as redesignated,
the following:
‘‘(A) not later than 180 days after the date of enactment
of the Passenger Rail Expansion and Rail Safety Act of
2021, submit to the Secretary, for approval, a consultation
process for the development of each asset line plan that
requires Amtrak to—’’;
(iv) in subparagraph (A), as added by clause (iii)—
(I) in clause (i), as redesignated—

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(aa) by striking ‘‘business’’ each place such
term appears and inserting ‘‘service’’;
(bb) by inserting ‘‘line’’ after ‘‘asset’’ each
place such term appears; and
(cc) by adding ‘‘and’’ at the end; and
(II) in clause (ii), as redesignated—
(aa) by inserting ‘‘consult with the Secretary of Transportation in the development
of asset line plans and,’’ before ‘‘as applicable’’;
and
(bb) by inserting ‘‘line’’ after ‘‘5-year
asset’’;
(v) by redesignating subparagraph (C) as subparagraph (B); and
(vi) in subparagraph (B), as redesignated, by
striking ‘‘category’’ and inserting ‘‘line’’;
(E) by redesignating paragraphs (4), (5), (6), and (7)
as paragraphs (5), (6), (7), and (8), respectively;
(F) by inserting after paragraph (3) the following:
‘‘(4) 5-YEAR ASSET LINE PLAN UPDATES.—Amtrak may
modify the content to be included in the asset line plans
described in paragraph (1), on approval of the Secretary, if
the Secretary determines that such modifications are necessary
to improve the transparency, oversight, and delivery of Amtrak
services and the use of Federal funds by Amtrak.’’;
(G) in paragraph (5)(A), as redesignated, by inserting
‘‘, but shall not include corporate services (as defined pursuant to section 24317(b))’’ after ‘‘national assets’’; and
(H) in paragraph (7), as redesignated, by striking
‘‘paragraph (4)’’ and inserting ‘‘paragraph (5)’’.
(b) CLERICAL AMENDMENT.—The analysis for chapter 243 of
title 49, United States Code, is amended by striking the item
relating to section 24320 and inserting the following:
‘‘24320. Amtrak 5-year service line and asset line plans.’’.

(c) EFFECTIVE DATES.—Section 11203(b) of the Passenger Rail
Reform and Investment Act of 2015 (49 U.S.C. 24320 note) is
amended—
(1) by striking ‘‘business’’ each place such term appears
and inserting ‘‘service’’; and
(2) by inserting ‘‘line’’ after ‘‘asset’’ each place such term
appears.
SEC. 22208. PASSENGER EXPERIENCE ENHANCEMENT.

(a) IN GENERAL.—Section 24305(c)(4) of title 49, United States
Code, is amended by striking ‘‘only if revenues from the services
each year at least equal the cost of providing the services’’.
(b) FOOD AND BEVERAGE SERVICE WORKING GROUP.—
(1) IN GENERAL.—Section 24321 of title 49, United States
Code, is amended to read as follows:

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‘‘§ 24321. Food and beverage service
‘‘(a) WORKING GROUP.—
‘‘(1) ESTABLISHMENT.—Not later than 180 days after enactment of the Passenger Rail Expansion and Rail Safety Act
of 2021, Amtrak shall establish a working group to provide
recommendations to improve Amtrak’s onboard food and beverage service.

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‘‘(2) MEMBERSHIP.—The working group shall consist of
individuals representing—
‘‘(A) Amtrak;
‘‘(B) the labor organizations representing Amtrak
employees who prepare or provide on-board food and beverage service;
‘‘(C) nonprofit organizations representing Amtrak passengers; and
‘‘(D) States that are providing funding for State-supported routes.
‘‘(b) REPORT.—Not later than 1 year after the establishment
of the working group pursuant to subsection (a), the working group
shall submit a report to the Committee on Commerce, Science,
and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives containing
recommendations for improving Amtrak’s food and beverage service,
including—
‘‘(1) ways to improve the financial performance of Amtrak;
‘‘(2) ways to increase and retain ridership;
‘‘(3) the differing needs of passengers traveling on longdistance routes, State supported routes, and the Northeast
Corridor;
‘‘(4) Amtrak passenger survey data about the food and
beverages offered on Amtrak trains;
‘‘(5) ways to incorporate local food and beverage items
on State-supported routes; and
‘‘(6) any other issue that the working group determines
to be appropriate.
‘‘(c) IMPLEMENTATION.—Not later than 180 days after the
submission of the report pursuant to subsection (b), Amtrak shall
submit a plan for implementing the recommendations of the
working group, and an explanation for any of the working group’s
recommendations it does not agree with and does not plan on
implementing to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Transportation
and Infrastructure of the House of Representatives.
‘‘(d) SAVINGS CLAUSE.—Amtrak shall ensure that no Amtrak
employee who held a position on a long-distance or Northeast Corridor route as of the date of enactment of the Passenger Rail
Expansion and Rail Safety Act of 2021, is involuntarily separated
because of the development and implementation of the plan required
under this section.’’.
(2) CLERICAL AMENDMENT.—The analysis for chapter 243
of title 49, United States Code, is amended by striking the
item relating to section 24321 and inserting the following:

Recommendations.

Deadline.
Plan.

49 USC 24301
prec.

‘‘24321. Food and beverage service.’’.
SEC. 22209. AMTRAK SMOKING POLICY.

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(a) IN GENERAL.—Chapter 243 of title 49, United States Code,
is amended by adding at the end the following:
‘‘§ 24323. Prohibition on smoking on Amtrak trains
‘‘(a) PROHIBITION.—Beginning on the date of enactment of this
section, Amtrak shall prohibit smoking, including the use of electronic cigarettes, onboard all Amtrak trains.
‘‘(b) ELECTRONIC CIGARETTE DEFINED.—In this section, the term
‘electronic cigarette’ means a device that delivers nicotine or other

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prec.

PUBLIC LAW 117–58—NOV. 15, 2021

substances to a user of the device in the form of a vapor that
is inhaled to simulate the experience of smoking.’’.
(b) CLERICAL AMENDMENT.—The analysis for chapter 243 of
title 49, United States Code, is amended by adding at the end
the following:
‘‘24323. Prohibition on smoking on Amtrak trains.’’.
SEC. 22210. PROTECTING AMTRAK ROUTES THROUGH RURAL COMMUNITIES.

Deadline.

Section 24706 of title 49, United States Code, is amended—
(1) in subsection (a), by striking ‘‘subsection (b) of this
section, at least 180 days’’ and inserting ‘‘subsection (c), not
later than 180 days’’;
(2) by redesignating subsections (b) and (c) as subsections
(c) and (e), respectively;
(3) by inserting after subsection (a) the following:
‘‘(b) DISCONTINUANCE OR SUBSTANTIAL ALTERATION OF LONGDISTANCE ROUTES.—Except as provided in subsection (c), in an
emergency, or during maintenance or construction outages
impacting Amtrak routes, Amtrak may not discontinue, reduce the
frequency of, suspend, or substantially alter the route of rail service
on any segment of any long-distance route in any fiscal year in
which Amtrak receives adequate Federal funding for such route
on the National Network.’’; and
(4) by inserting after subsection (c), as redesignated, the
following:
‘‘(d) CONGRESSIONAL NOTIFICATION OF DISCONTINUANCE.—
Except as provided in subsection (c), not later than 210 days before
discontinuing service over a route, Amtrak shall give written notice
of such discontinuance to all of the members of Congress representing any State or district in which the discontinuance would
occur.’’.

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SEC. 22211. STATE-SUPPORTED ROUTE COMMITTEE.

(a) STATE-SUPPORTED ROUTE COMMITTEE.—Section 24712(a) of
title 49, United States Code, is amended—
(1) in paragraph (1)—
(A) by striking ‘‘Not later than 180 days after the
date of enactment of the Passenger Rail Reform and Investment Act of 2015, the Secretary of Transportation shall
establish’’ and inserting ‘‘There is established’’; and
(B) by inserting ‘‘current and future’’ before ‘‘rail operations’’;
(2) by redesignating paragraphs (4), (5), and (6) as paragraphs (5), (6), and (7), respectively;
(3) by inserting after paragraph (3) the following:
‘‘(4) ABILITY TO CONDUCT CERTAIN BUSINESS.—If all of the
members of 1 voting bloc described in paragraph (3) abstain
from a Committee decision, agreement between the other 2
voting blocs consistent with the procedures set forth in such
paragraph shall be deemed sufficient for purpose of achieving
unanimous consent.’’;
(4) in paragraph (5), as redesignated, in the matter preceding subparagraph (A)—
(A) by striking ‘‘convene a meeting and shall define
and implement’’ and inserting ‘‘define and periodically
update’’; and

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135 STAT. 709

(B) by striking ‘‘not later than 180 days after the
date of establishment of the Committee by the Secretary’’;
and
(5) in paragraph (7), as redesignated—
(A) in the paragraph heading, by striking ‘‘ALLOCATION
METHODOLOGY’’ and inserting ‘‘METHODOLOGY POLICY’’;
(B) in subparagraph (A), by striking ‘‘allocation methodology’’ and inserting ‘‘methodology policy’’;
(C) by amending subparagraph (B) to read as follows:
‘‘(B) REVISIONS TO COST METHODOLOGY POLICY.—
‘‘(i) REQUIREMENT TO REVISE AND UPDATE.—Subject
to rules and procedures established pursuant to clause
(iii), not later than March 31, 2022, the Committee
shall revise and update the cost methodology policy
required and previously approved under section 209
of the Passenger Rail Investment and Improvement
Act of 2008 (49 U.S.C. 20901 note). The Committee
shall implement a revised cost methodology policy
during fiscal year 2023. Not later than 30 days after
the adoption of the revised cost methodology policy,
the Committee shall submit a report documenting and
explaining any changes to the cost methodology policy
and plans for implementation of such policy, including
a description of the improvements to the accounting
information provided by Amtrak to the States, to the
Committee on Commerce, Science, and Transportation
of the Senate and the Committee on Transportation
and Infrastructure of the House of Representatives.
The revised cost methodology policy shall ensure that
States will be responsible for costs attributable to the
provision of service for their routes.
‘‘(ii) IMPLEMENTATION IMPACTS ON FEDERAL
FUNDING.—To the extent that a revision developed
pursuant to clause (i) assigns to Amtrak costs that
were previously allocated to States, Amtrak shall
request with specificity such additional funding in the
general and legislative annual report required under
section 24315 or in any appropriate subsequent Federal
funding request for the fiscal year in which the revised
cost methodology policy will be implemented.
‘‘(iii) PROCEDURES FOR CHANGING METHODOLOGY.—
Notwithstanding section 209(b) of the Passenger Rail
Investment and Improvement Act of 2008 (49 U.S.C.
20901 note), the rules and procedures implemented
pursuant to paragraph (5) shall include—
‘‘(I) procedures for changing the cost methodology policy in accordance with clause (i); and
‘‘(II) procedures or broad guidelines for conducting financial planning, including operating
and capital forecasting, reporting, data sharing,
and governance.’’;
(D) in subparagraph (C)—
(i) in the matter preceding clause (i), by striking
‘‘allocation methodology’’ and inserting ‘‘methodology
policy’’;
(ii) in clause (i), by striking ‘‘and’’ at the end;
(iii) in clause (ii)—

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Time period.
Reports.
Plans.

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Deadlines.
Determination.
Compliance.

Time period.

Determination.

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Deadlines.

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(I) by striking ‘‘allocate’’ and inserting
‘‘assign’’; and
(II) by striking the period and inserting ‘‘;
and’’; and
(iv) by adding at the end the following:
‘‘(iii) promote increased efficiency in Amtrak’s operating and capital activities.’’; and
(E) by adding at the end the following:
‘‘(D) INDEPENDENT EVALUATION.—Not later than March
31 of each year, the Committee shall ensure that an independent entity selected by the Committee has completed
an evaluation to determine whether State payments for
the most recently concluded fiscal year are accurate and
comply with the applicable cost allocation methodology.’’.
(b) INVOICES AND REPORTS.—Section 24712(b) of title 49, United
States Code, is amended to read as follows:
‘‘(b) INVOICES AND REPORTS.—
‘‘(1) INVOICES.—Amtrak shall provide monthly invoices to
the Committee and to each State that sponsors a State-supported route that identify the operating costs for such route,
including fixed costs and third-party costs.
‘‘(2) REPORTS.—
‘‘(A) IN GENERAL.—The Committee shall determine the
frequency and contents of—
‘‘(i) the financial and performance reports that
Amtrak is required to provide to the Committee and
the States; and
‘‘(ii) the planning and demand reports that the
States are required to provide to the Committee and
Amtrak.
‘‘(B) MONTHLY STATISTICAL REPORT.—
‘‘(i) DEVELOPMENT.—Consistent with the revisions
to the policy required under subsection (a)(7)(B), the
Committee shall develop a report that contains the
general ledger data and operating statistics from
Amtrak’s accounting systems used to calculate payments to States.
‘‘(ii) PROVISION OF NECESSARY DATA.—Not later
than 30 days after the last day of each month, Amtrak
shall provide to the States and to the Committee the
necessary data to complete the report developed pursuant to clause (i) for such month.’’.
(c) DISPUTE RESOLUTION.—Section 24712(c) of title 49, United
States Code, is amended—
(1) in paragraph (1)—
(A) by striking ‘‘(a)(4)’’ and inserting ‘‘(a)(5)’’; and
(B) by striking ‘‘(a)(6)’’ and inserting ‘‘(a)(7)’’; and
(2) in paragraph (4), by inserting ‘‘related to a State-supported route that a State sponsors that is’’ after ‘‘amount’’.
(d) PERFORMANCE METRICS.—Section 24712(e) of title 49,
United States Code, is amended by inserting ‘‘, including incentives
to increase revenue, reduce costs, finalize contracts by the beginning
of the fiscal year, and require States to promptly make payments
for services delivered’’ before the period at the end.
(e) STATEMENT OF GOALS AND OBJECTIVES.—Section 24712(f)
of title 49, United States Code, is amended—

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(1) in paragraph (1), by inserting ‘‘, and review and update,
as necessary,’’ after ‘‘shall develop’’;
(2) in paragraph (2), by striking ‘‘Not later than 2 years
after the date of enactment of the Passenger Rail Reform and
Investment Act of 2015, the Committee shall transmit the
statement’’ and inserting ‘‘As applicable, based on updates,
the Committee shall submit an updated statement’’; and
(3) by adding at the end the following:
‘‘(3) SENSE OF CONGRESS.—It is the sense of Congress that—
‘‘(A) the Committee shall be the forum where Amtrak
and the States collaborate on the planning, improvement,
and development of corridor routes across the National
Network; and
‘‘(B) such collaboration should include regular consultation with interstate rail compact parties and other regional
planning organizations that address passenger rail.’’.
(f) OTHER REFORMS RELATED TO STATE-SUPPORTED ROUTES.—
Section 24712 of title 49, United States Code, as amended by
subsections (a) through (e), is further amended—
(1) by redesignating subsections (g) and (h) as subsections
(k) and (l), respectively; and
(2) by inserting after subsection (f) the following:
‘‘(g) NEW STATE-SUPPORTED ROUTES.—
‘‘(1) CONSULTATION.—In developing a new State-supported
route, Amtrak shall consult with—
‘‘(A) the State or States and local municipalities
through which such new service would operate;
‘‘(B) commuter authorities and regional transportation
authorities in the areas that would be served by the
planned route;
‘‘(C) host railroads;
‘‘(D) the Administrator of the Federal Railroad
Administration; and
‘‘(E) other stakeholders, as appropriate.
‘‘(2) STATE COMMITMENTS.—Notwithstanding any other
provision of law, before beginning construction necessary for,
or beginning operation of, a State-supported route that is initiated on or after the date of enactment of the Passenger Rail
Expansion and Rail Safety Act of 2021, Amtrak shall enter
into a memorandum of understanding, or otherwise secure an
agreement, with each State that would be providing funding
for such route for sharing—
‘‘(A) ongoing operating costs and capital costs in accordance with the cost methodology policy referred to in subsection (a)(7) then in effect; or
‘‘(B) ongoing operating costs and capital costs in accordance with the maximum funding limitations described in
section 22908(e).
‘‘(3) APPLICATION OF TERMS.—In this subsection, the terms
‘capital costs’ and ‘operating costs’ shall apply in the same
manner as such terms apply under the cost methodology policy
developed pursuant to subsection (a)(7).
‘‘(h) COST METHODOLOGY POLICY UPDATE IMPLEMENTATION
REPORT.—Not later than 18 months after the updated cost methodology policy required under subsection (a)(7)(B) is implemented,

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Assessment.

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the Committee shall submit a report to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives that assesses the implementation of the updated policy.
‘‘(i) IDENTIFICATION OF STATE-SUPPORTED ROUTE CHANGES.—
Amtrak shall—
‘‘(1) not later than 120 days before the submission of the
general and legislative annual report required under section
24315(b), consult with the Committee and any additional States
through which a State-supported route may operate regarding
any proposed changes to such route; and
‘‘(2) include in such report an update of any planned or
proposed changes to State-supported routes, including the
introduction of new State-supported routes, including—
‘‘(A) the timeframe in which such changes would take
effect; and
‘‘(B) whether Amtrak has entered into commitments
with the affected States pursuant subsection (g)(2).
‘‘(j) ECONOMIC ANALYSIS.—Not later than 3 years after the
date of enactment of the Passenger Rail Expansion and Rail Safety
Act of 2021, the Committee shall submit a report to the Committee
on Commerce, Science, and Transportation of the Senate and the
Committee on Transportation and Infrastructure of the House of
Representatives that—
‘‘(1) describes the role of the State-supported routes in
economic development; and
‘‘(2) examines the impacts of the State-supported routes
on local station areas, job creation, transportation efficiency,
State economies, and the national economy.’’.

Deadline.
Consultation.

Update.

Reports.

Examination.

SEC. 22212. ENHANCING CROSS BORDER SERVICE.
Consultation.
Reports.
Canada.

Recommendations.
Determination.

(a) IN GENERAL.—Not later than 1 year after the date of enactment of this Act, Amtrak, after consultation with the Secretary,
the Secretary of Homeland Security, relevant State departments
of transportation, Canadian governmental agencies and entities,
and owners of the relevant rail infrastructure and facilities, shall
submit a report to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Transportation
and Infrastructure of the House of Representatives regarding
enhancing Amtrak passenger rail service between the United States
and Canada that—
(1) identifies challenges to Amtrak operations in Canada,
including delays associated with custom and immigration
inspections in both the United States and Canada; and
(2) includes recommendations to improve such cross border
service, including the feasibility of and costs associated with
a preclearance facility or facilities.
(b) ASSISTANCE AND SUPPORT.—The Secretary, the Secretary
of State, and the Secretary of Homeland Security may provide
assistance and support requested by Amtrak that is necessary to
carry out this section, as determined appropriate by the respective
Secretary.

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SEC. 22213. CREATING QUALITY JOBS.

Section 121 of the Amtrak Reform and Accountability Act of
1997 (49 U.S.C. 24312 note) is amended—
(1) by redesignating subsection (d) as subsection (f); and
(2) by inserting after subsection (c) the following:

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‘‘(d) FURLOUGHED WORK.—Amtrak may not contract out work
within the classification of work performed by an employee in
a bargaining unit covered by a collective bargaining agreement
entered into between Amtrak and an organization representing
Amtrak employees during the period such employee has been laid
off and has not been recalled to perform such work.
‘‘(e) AGREEMENT PROHIBITIONS ON CONTRACTING OUT.—This
section does not—
‘‘(1) supersede a prohibition or limitation on contracting
out work covered by an agreement entered into between Amtrak
and an organization representing Amtrak employees; or
‘‘(2) prohibit Amtrak and an organization representing
Amtrak employees from entering into an agreement that allows
for contracting out the work of a furloughed employee that
would otherwise be prohibited under subsection (d).’’.

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SEC. 22214. AMTRAK DAILY LONG-DISTANCE SERVICE STUDY.

(a) IN GENERAL.—The Secretary shall conduct a study to
evaluate the restoration of daily intercity rail passenger service
along—
(1) any Amtrak long-distance routes that, as of the date
of enactment of this Act, were discontinued; and
(2) any Amtrak long-distance routes that, as of the date
of enactment of this Act, occur on a nondaily basis.
(b) INCLUSIONS.—The study under subsection (a) shall—
(1) evaluate all options for restoring or enhancing to dailybasis intercity rail passenger service along each Amtrak route
described in that subsection;
(2) select a preferred option for restoring or enhancing
the service described in paragraph (1);
(3) develop a prioritized inventory of capital projects and
other actions that are required to restore or enhance the service
described in paragraph (1), including cost estimates for those
projects and actions;
(4) develop recommendations for methods by which Amtrak
could work with local communities and organizations to develop
activities and programs to continuously improve public use
of intercity passenger rail service along each route; and
(5) identify Federal and non-Federal funding sources
required to restore or enhance the service described in paragraph (1), including—
(A) increased Federal funding for Amtrak based on
applicable reductions or discontinuations in service; and
(B) options for entering into public-private partnerships
to restore that service.
(c) OTHER FACTORS WHEN CONSIDERING EXPANSIONS.—In
evaluating intercity passenger rail routes under this section, the
Secretary may evaluate potential new Amtrak long-distance routes,
including with specific attention provided to routes in service as
of April 1971 but not continued by Amtrak, taking into consideration
whether those new routes would—
(1) link and serve large and small communities as part
of a regional rail network;
(2) advance the economic and social well-being of rural
areas of the United States;
(3) provide enhanced connectivity for the national longdistance passenger rail system; and

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Cost estimates.

Recommendations.

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Determination.

Cost estimates.

Determination.

PUBLIC LAW 117–58—NOV. 15, 2021

(4) reflect public engagement and local and regional support
for restored passenger rail service.
(d) CONSULTATION.—In conducting the study under this section,
the Secretary shall consult, through working groups or other forums
as the Secretary determines to be appropriate, with—
(1) Amtrak;
(2) each State along a relevant route;
(3) regional transportation planning organizations and
metropolitan planning organizations, municipalities, and
communities along those relevant routes, to be selected by
the Secretary;
(4) host railroad carriers the tracks of which may be used
for a service described in subsection (a);
(5) organizations representing onboard Amtrak employees;
(6) nonprofit organizations representing Amtrak passengers;
(7) relevant regional passenger rail authorities and federally recognized Indian Tribes; and
(8) such other entities as the Secretary may select.
(e) REPORT.—Not later than 2 years after the date of enactment
of this Act, the Secretary shall submit to 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 includes—
(1) the preferred options selected under subsection (b)(2),
including the reasons for selecting each option;
(2) the information described in subsection (b)(3);
(3) the funding sources identified pursuant to subsection
(b)(5);
(4) the estimated costs and public benefits of restoring
or enhancing intercity rail passenger transportation in the
region impacted for each relevant Amtrak route; and
(5) any other information the Secretary determines to be
appropriate.
(f) FUNDING.—There are authorized to be appropriated to the
Secretary to conduct the study under this section and to carry
out the consultations required by subsection (d)—
(1) $7,500,000 for fiscal year 2022; and
(2) $7,500,000 for fiscal year 2023.

Subtitle C—Intercity Passenger Rail Policy
SEC. 22301. NORTHEAST CORRIDOR PLANNING.

Section 24904 of title 49, United States Code, is amended—
(1) by striking subsections (a) and (d);
(2) by redesignating subsections (b) and (c) as subsections
(c) and (d), respectively;
(3) by inserting before subsection (c), as redesignated, the
following:
‘‘(a) NORTHEAST CORRIDOR SERVICE DEVELOPMENT PLAN.—
‘‘(1) IN GENERAL.—Not later than March 31, 2022, the
Northeast Corridor Commission established under section
24905 (referred to in this section as the ‘Commission’) shall
submit a service development plan to Congress.
‘‘(2) CONTENTS.—The plan required under paragraph (1)
shall—

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Deadline.

Stratagies.

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‘‘(A) identify key state-of-good-repair, capacity expansion, and capital improvement projects planned for the
Northeast Corridor;
‘‘(B) provide a coordinated and consensus-based plan
covering a 15-year period;
‘‘(C) identify service objectives and the capital investments required to meet such objectives;
‘‘(D) provide a delivery-constrained strategy that identifies—
‘‘(i) capital investment phasing;
‘‘(ii) an evaluation of workforce needs; and
‘‘(iii) strategies for managing resources and mitigating construction impacts on operations; and
‘‘(E) include a financial strategy that identifies funding
needs and potential funding sources.
‘‘(3) UPDATES.—The Commission shall update the service
development plan not less frequently than once every 5 years.
‘‘(b) NORTHEAST CORRIDOR CAPITAL INVESTMENT PLAN.—
‘‘(1) IN GENERAL.—Not later than November 1 of each year,
the Commission shall—
‘‘(A) develop an annual capital investment plan for
the Northeast Corridor; and
‘‘(B) submit the capital investment plan to—
‘‘(i) the Secretary of Transportation;
‘‘(ii) the Committee on Commerce, Science, and
Transportation of the Senate; and
‘‘(iii) the Committee on Transportation and Infrastructure of the House of Representatives.
‘‘(2) CONTENTS.—The plan required under paragraph (1)
shall—
‘‘(A) reflect coordination across the entire Northeast
Corridor;
‘‘(B) integrate the individual capital plans developed
by Amtrak, States, and commuter authorities in accordance
with the cost allocation policy developed and approved
under section 24905(c);
‘‘(C) cover a period of 5 fiscal years, beginning with
the fiscal year during which the plan is submitted;
‘‘(D) notwithstanding section 24902(b), document the
projects and programs being undertaken to advance the
service objectives and capital investments identified in the
Northeast Corridor service development plan developed
under subsection (a), and the asset condition needs identified in the Northeast Corridor asset management plans,
after considering—
‘‘(i) the benefits and costs of capital investments
in the plan;
‘‘(ii) project and program readiness;
‘‘(iii) the operational impacts; and
‘‘(iv) Federal and non-Federal funding availability;
‘‘(E) categorize capital projects and programs as primarily associated with 1 of the categories listed under
section 24319(c)(2)(C);
‘‘(F) identify capital projects and programs that are
associated with more than 1 category described in subparagraph (E); and
‘‘(G) include a financial plan that identifies—

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Evaluation.

Time period.

Deadlines.

Time period.

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Requirements.

Update.

Inventory.
Assessment.

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‘‘(i) funding sources and financing methods;
‘‘(ii) the status of cost sharing agreements pursuant to the cost allocation policy developed under section
24905(c);
‘‘(iii) the projects and programs that the Commission expects will receive Federal financial assistance;
and
‘‘(iv) the eligible entity or entities that the Commission expects—
‘‘(I) to receive the Federal financial assistance
referred to in clause (iii); and
‘‘(II) to implement each capital project.
‘‘(3) REVIEW AND COORDINATION.—The Commission shall
require that the information described in paragraph (2) be
submitted in a timely manner to allow for a reasonable period
of review by, and coordination with, affected agencies before
the Commission submits the capital investment plan pursuant
to paragraph (1).’’;
(4) in subsection (c), as redesignated, by striking ‘‘spent
only on—’’ and all that follows and inserting ‘‘spent only on
capital projects and programs contained in the Commission’s
capital investment plan for the prior fiscal year.’’; and
(5) by amending subsection (d), as redesignated, to read
as follows:
‘‘(d) NORTHEAST CORRIDOR CAPITAL ASSET MANAGEMENT
SYSTEM.—
‘‘(1) IN GENERAL.—Amtrak and other infrastructure owners
that provide or support intercity rail passenger transportation
along the Northeast Corridor shall develop an asset management system and use and update such system, as necessary,
to develop submissions to the Northeast Corridor capital investment plan described in subsection (b).
‘‘(2) FEATURES.—The system required under paragraph (1)
shall develop submissions that—
‘‘(A) are consistent with the transit asset management
system (as defined in section 5326(a)(3)); and
‘‘(B) include—
‘‘(i) an inventory of all capital assets owned by
the developer of the plan;
‘‘(ii) an assessment of condition of such capital
assets;
‘‘(iii) a description of the resources and processes
that will be necessary to bring or to maintain such
capital assets in a state of good repair; and
‘‘(iv) a description of changes in the condition of
such capital assets since the submission of the prior
version of the plan.’’.

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SEC. 22302. NORTHEAST CORRIDOR COMMISSION.

Section 24905 of title 49, United States Code, is amended—
(1) in subsection (a)(1)(D), by inserting ‘‘authorities’’ after
‘‘carriers’’;
(2) in subsection (b)(3)(B)—
(A) in clause (i)—
(i) by inserting ‘‘, including ridership trends,’’ after
‘‘transportation’’; and
(ii) by striking ‘‘and’’ at the end;

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(B) in clause (ii)—
(i) by inserting ‘‘first year of the’’ after ‘‘the delivery
of the’’; and
(ii) by striking the period at the end and inserting
‘‘; and’’; and
(C) by adding at the end the following:
‘‘(iii) progress in assessing and eliminating the
state-of-good-repair backlog.’’;
(3) in subsection (c)—
(A) in paragraph (1)—
(i) in the paragraph heading, by striking
‘‘DEVELOPMENT OF POLICY’’ and inserting ‘‘POLICY’’;
(ii) in subparagraph (A), by striking ‘‘develop a
standardized policy’’ and inserting ‘‘develop and maintain the standardized policy first approved on September 17, 2015, and update, as appropriate,’’;
(iii) by amending subparagraph (B) to read as follows:
‘‘(B) develop timetables for implementing and
maintaining the policy;’’;
(iv) in subparagraph (C), by striking ‘‘the policy
and the timetable’’ and inserting ‘‘updates to the policy
and timetables’’; and
(v) by amending subparagraph (D) to read as follows:
‘‘(D) support the efforts of the members of the Commission to implement the policy in accordance with the timetables developed pursuant to subparagraph (B);’’;
(B) by amending paragraph (2) to read as follows:
‘‘(2) IMPLEMENTATION.—
‘‘(A) IN GENERAL.—In accordance with the timetables
developed pursuant to paragraph (1)(B), Amtrak and commuter authorities on the Northeast Corridor shall implement the policy developed under paragraph (1) in their
agreements for usage of facilities or services.
‘‘(B) EFFECT OF FAILURE TO IMPLEMENT OR COMPLY
WITH POLICY.—If the entities referred to in subparagraph
(A) fail to implement the policy in accordance with paragraph (1)(D) or fail to comply with the policy thereafter,
the Surface Transportation Board shall—
‘‘(i) determine the appropriate compensation in
accordance with the procedures and procedural
schedule applicable to a proceeding under section
24903(c), after taking into consideration the policy
developed under paragraph (1); and
‘‘(ii) enforce its determination on the party or parties involved.’’; and
(C) in paragraph (4), by striking ‘‘public authorities
providing commuter rail passenger transportation’’ and
inserting ‘‘commuter authorities’’; and
(4) in subsection (d)—
(A) by striking ‘‘2016 through 2020’’ and inserting
‘‘2022 through 2026’’; and
(B) by striking ‘‘section 11101(g) of the Passenger Rail
Reform and Investment Act of 2015’’ and inserting ‘‘section
22101(e) of the Passenger Rail Expansion and Rail Safety
Act of 2021’’.

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Enforcement.

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SEC. 22303. CONSOLIDATED RAIL INFRASTRUCTURE AND SAFETY
IMPROVEMENTS.

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49 USC 22907
note.

49 USC 22907
note.

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(a) IN GENERAL.—Section 22907 of title 49, United States Code,
is amended—
(1) in subsection (b)—
(A) in paragraph (1), by inserting ‘‘(including the District of Columbia)’’ after ‘‘State’’;
(B) in paragraph (6), by inserting ‘‘rail carrier and
intercity rail passenger transportation are’’ before
‘‘defined’’;
(C) by redesignating paragraphs (8) through (11) as
paragraphs (10) through (13), respectively; and
(D) by inserting after paragraph (7) the following:
‘‘(8) An association representing 1 or more railroads
described in paragraph (7).’’;
‘‘(9) A federally recognized Indian Tribe.’’;
(2) in subsection (c)—
(A) in paragraph (3), by adding ‘‘or safety’’ after
‘‘congestion’’;
(B) in paragraph (6), by striking ‘‘and’’ and inserting
‘‘or’’;
(C) by redesignating paragraphs (11) and (12) as paragraphs (12) and (13), respectively;
(D) by inserting after paragraph (10) the following:
‘‘(11) The development and implementation of measures
to prevent trespassing and reduce associated injuries and fatalities.’’; and
(E) by inserting after paragraph (13), as redesignated,
the following:
‘‘(14) Research, development, and testing to advance and
facilitate innovative rail projects, including projects using
electromagnetic guideways in an enclosure in a very low-pressure environment.
‘‘(15) The preparation of emergency plans for communities
through which hazardous materials are transported by rail.
‘‘(16) Rehabilitating, remanufacturing, procuring, or overhauling locomotives, provided that such activities result in a
significant reduction of emissions.’’; and
(3) in subsection (h), by adding at the end the following:
‘‘(4) GRADE CROSSING AND TRESPASSING PROJECTS.—
Applicants may use costs incurred previously for preliminary
engineering associated with highway-rail grade crossing
improvement projects under subsection (c)(5) and trespassing
prevention projects under subsection (c)(11) to satisfy the nonFederal share requirements.’’.
(b) RULE OF CONSTRUCTION.—The amendments made by subsection (a) may not be construed to affect any grant, including
any application for a grant, made under section 22907 of title
49, United States Code, before the date of enactment of this Act.
(c) TECHNICAL CORRECTION.—
(1) IN GENERAL.—Section 22907(l)(1)(A) of title 49, United
States Code, is amended by inserting ‘‘, including highway
construction over rail facilities as an alternative to construction
or improvement of a highway-rail grade crossing,’’ after ‘‘under
chapter 227’’.
(2) APPLICABILITY.—The amendment made by paragraph
(1) shall apply to amounts remaining under section 22907(l)

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of title 49, United States Code, from appropriations for prior
fiscal years.

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SEC. 22304. RESTORATION AND ENHANCEMENT GRANTS.

Section 22908 of title 49, United States Code, is amended—
(1) by amending subsection (a) to read as follows:
‘‘(a) DEFINITIONS.—In this section:
‘‘(1) APPLICANT.—Notwithstanding section 22901(1), the
term ‘applicant’ means—
‘‘(A) a State, including the District of Columbia;
‘‘(B) a group of States;
‘‘(C) an entity implementing an interstate compact;
‘‘(D) a public agency or publicly chartered authority
established by 1 or more States;
‘‘(E) a political subdivision of a State;
‘‘(F) a federally recognized Indian Tribe;
‘‘(G) Amtrak or another rail carrier that provides intercity rail passenger transportation;
‘‘(H) any rail carrier in partnership with at least 1
of the entities described in subparagraphs (A) through (F);
and
‘‘(I) any combination of the entities described in subparagraphs (A) through (F).
‘‘(2) OPERATING ASSISTANCE.—The term ‘operating assistance’, with respect to any route subject to section 209 of the
Passenger Rail Investment and Improvement Act of 2008
(Public Law 110–432), means any cost allocated, or that may
be allocated, to a route pursuant to the cost methodology established under such section or under section 24712.’’;
(2) in subsection (c)(3), by striking ‘‘3 years’’ each place
such term appears and inserting ‘‘6 years’’;
(3) in subsection (d)—
(A) in paragraph (8), by striking ‘‘and’’;
(B) in paragraph (9), by striking the period at the
end and inserting ‘‘; and’’; and
(C) by adding at the end the following:
‘‘(10) for routes selected under the Corridor Identification
and Development Program and operated by Amtrak.’’; and
(4) in subsection (e)—
(A) in paragraph (1)—
(i) by striking ‘‘assistance’’; and
(ii) by striking ‘‘3 years’’ and inserting ‘‘6 years
(including for any such routes selected for funding
before the date of enactment of the Passenger Rail
Expansion and Rail Safety Act of 2021)’’; and
(B) in paragraph (3), by striking subparagraphs (A),
(B), and (C) and inserting the following:
‘‘(A) 90 percent of the projected net operating costs
for the first year of service;
‘‘(B) 80 percent of the projected net operating costs
for the second year of service;
‘‘(C) 70 percent of the projected net operating costs
for the third year of service;
‘‘(D) 60 percent of the projected net operating costs
for the fourth year of service;
‘‘(E) 50 percent of the projected net operating costs
for the fifth year of service; and

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‘‘(F) 30 percent of the projected net operating costs
for the sixth year of service.’’.

SEC. 22305. RAILROAD CROSSING ELIMINATION PROGRAM.

(a) IN GENERAL.—Chapter 229 of title 49, United States Code,
is amended by adding at the end the following:

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Grants.
49 USC 22909.

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‘‘§ 22909. Railroad Crossing Elimination Program
‘‘(a) IN GENERAL.—The Secretary of Transportation, in cooperation with the Administrator of the Federal Railroad Administration,
shall establish a competitive grant program (referred to in this
section as the ‘Program’) under which the Secretary shall award
grants to eligible recipients described in subsection (c) for highwayrail or pathway-rail grade crossing improvement projects that focus
on improving the safety and mobility of people and goods.
‘‘(b) GOALS.—The goals of the Program are—
‘‘(1) to eliminate highway-rail grade crossings that are frequently blocked by trains;
‘‘(2) to improve the health and safety of communities;
‘‘(3) to reduce the impacts that freight movement and railroad operations may have on underserved communities; and
‘‘(4) to improve the mobility of people and goods.
‘‘(c) ELIGIBLE RECIPIENTS.—The following entities are eligible
to receive a grant under this section:
‘‘(1) A State, including the District of Columbia, Puerto
Rico, and other United States territories and possessions.
‘‘(2) A political subdivision of a State.
‘‘(3) A federally recognized Indian Tribe.
‘‘(4) A unit of local government or a group of local governments.
‘‘(5) A public port authority.
‘‘(6) A metropolitan planning organization.
‘‘(7) A group of entities described in any of paragraphs
(1) through (6).
‘‘(d) ELIGIBLE PROJECTS.—The Secretary may award a grant
under the Program for a highway-rail or pathway-rail grade crossing
improvement project (including acquiring real property interests)
involving—
‘‘(1) grade separation or closure, including through the
use of a bridge, embankment, tunnel, or combination thereof;
‘‘(2) track relocation;
‘‘(3) the improvement or installation of protective devices,
signals, signs, or other measures to improve safety, provided
that such activities are related to a separation or relocation
project described in paragraph (1) or (2);
‘‘(4) other means to improve the safety and mobility of
people and goods at highway-rail grade crossings (including
technological solutions);
‘‘(5) a group of related projects described in paragraphs
(1) through (4) that would collectively improve the mobility
of people and goods; or
‘‘(6) the planning, environmental review, and design of
an eligible project described in paragraphs (1) through (5).
‘‘(e) APPLICATION PROCESS.—
‘‘(1) IN GENERAL.—An eligible entity seeking a grant under
the Program shall submit an application to the Secretary at

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135 STAT. 721

such time, in such manner, and containing such information
as the Secretary may require.
‘‘(2) RAILROAD APPROVALS.—
‘‘(A) IN GENERAL.—Except as provided in subparagraph
(B), the Secretary shall require applicants to obtain the
necessary approvals from any impacted rail carriers or
real property owners before proceeding with the construction of a project funded by a grant under the Program.
‘‘(B) EXCEPTION.—The requirement under subparagraph (A) shall not apply to planning projects described
in subsection (d)(6) if the applicant agrees to work collaboratively with rail carriers and right-of-way owners.
‘‘(f) PROJECT SELECTION CRITERIA.—
‘‘(1) IN GENERAL.—In awarding grants under the Program,
the Secretary shall evaluate the extent to which proposed
projects would—
‘‘(A) improve safety at highway-rail or pathway-rail
grade crossings;
‘‘(B) grade separate, eliminate, or close highway-rail
or pathway-rail grade crossings;
‘‘(C) improve the mobility of people and goods;
‘‘(D) reduce emissions, protect the environment, and
provide community benefits, including noise reduction;
‘‘(E) improve access to emergency services;
‘‘(F) provide economic benefits; and
‘‘(G) improve access to communities separated by rail
crossings.
‘‘(2) ADDITIONAL CONSIDERATIONS.—In awarding grants
under the Program, the Secretary shall consider—
‘‘(A) the degree to which the proposed project will use—
‘‘(i) innovative technologies;
‘‘(ii) innovative design and construction techniques;
or
‘‘(iii) construction materials that reduce greenhouse gas emissions;
‘‘(B) the applicant’s planned use of contracting incentives to employ local labor, to the extent permissible under
Federal law;
‘‘(C) whether the proposed project will improve the
mobility of—
‘‘(i) multiple modes of transportation, including
ingress and egress from freight facilities; or
‘‘(ii) users of nonvehicular modes of transportation,
such as pedestrians, bicyclists, and public transportation;
‘‘(D) whether the proposed project is identified in—
‘‘(i) the freight investment plan component of a
State freight plan, as required under section
70202(b)(9);
‘‘(ii) a State rail plan prepared in accordance with
chapter 227; or
‘‘(iii) a State highway-rail grade crossing action
plan, as required under section 11401(b) of the Passenger Rail Reform and Investment Act of 2015 (title
XI of Public Law 114–94); and
‘‘(E) the level of financial support provided by impacted
rail carriers.

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Requirements.

Evaluation.

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Compliance.

Deadline.

Summary.

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Web posting.
Public
information.
Lists.

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PUBLIC LAW 117–58—NOV. 15, 2021

‘‘(3) AWARD DISTRIBUTION.—In selecting grants for Program
funds in any fiscal year, the Secretary shall comply with the
following limitations:
‘‘(A) GRANT FUNDS.—Not less than 20 percent of the
grant funds available for the Program in any fiscal year
shall be reserved for projects located in rural areas or
on Tribal lands. The requirement under section 22907(l),
which applies to this section, shall not apply to grant
funds reserved specifically under this subparagraph. Not
less than 5 percent of the grant funds reserved under
this subparagraph shall be reserved for projects in counties
with 20 or fewer residents per square mile, according to
the most recent decennial census, provided that sufficient
eligible applications have been submitted.
‘‘(B) PLANNING GRANTS.—Not less than 25 percent of
the grant funds set aside for planning projects in any
fiscal year pursuant to section 22104(b) of the Passenger
Rail Expansion and Rail Safety Act of 2021 shall be
awarded for projects located in rural areas or on tribal
lands.
‘‘(C) STATE LIMITATION.—Not more than 20 percent
of the grant funds available for the Program in any fiscal
year may be selected for projects in any single State.
‘‘(D) MINIMUM SIZE.—No grant awarded under this section shall be for less than $1,000,000, except for a planning
grant described in subsection (d)(6).
‘‘(g) COST SHARE.—Except as provided in paragraph (2), the
Federal share of the cost of a project carried out using a grant
under the Program may not exceed 80 percent of the total cost
of the project. Applicants may count costs incurred for preliminary
engineering associated with highway-rail and pathway-rail grade
crossing improvement projects as part of the total project costs.
‘‘(h) CONGRESSIONAL NOTIFICATION.—Not later than 3 days
before awarding a grant for a project under the Program, the
Secretary shall submit written notification of the proposed grant
to the Committee on Commerce, Science, and Transportation of
the Senate and the Committee on Transportation and Infrastructure
of the House of Representatives, which shall include—
‘‘(1) a summary of the project; and
‘‘(2) the amount of the proposed grant award.
‘‘(i) ANNUAL REPORT.—Not later than 60 days after each round
of award notifications, the Secretary shall post, on the public
website of the Department of Transportation—
‘‘(1) a list of all eligible applicants that submitted an
application for funding under the Program during the current
fiscal year;
‘‘(2) a list of the grant recipients and projects that received
grant funding under the Program during such fiscal year; and
‘‘(3) a list of the proposed projects and applicants that
were determined to be ineligible.
‘‘(j) COMMUTER RAIL ELIGIBILITY AND GRANT CONDITIONS.—
‘‘(1) IN GENERAL.—Section 22905(f) shall not apply to grants
awarded under this section for commuter rail passenger
transportation projects.
‘‘(2) ADMINISTRATION OF FUNDS.—The Secretary of
Transportation shall transfer amounts awarded under this section for commuter rail passenger transportation projects to

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the Federal Transit Administration, which shall administer
such funds in accordance with chapter 53.
‘‘(3) PROTECTIVE ARRANGEMENTS.—
‘‘(A) IN GENERAL.—Notwithstanding paragraph (2) and
section 22905(e)(1), as a condition of receiving a grant
under this section, any employee covered by the Railway
Labor Act (45 U.S.C. 151 et seq.) and the Railroad Retirement Act of 1974 (45 U.S.C. 231 et seq.) who is adversely
affected by actions taken in connection with the project
financed in whole or in part by such grant shall be covered
by employee protective arrangements required to be established under section 22905(c)(2)(B).
‘‘(B) IMPLEMENTATION.—A grant recipient under this
section, and the successors, assigns, and contractors of
such grant recipient—
‘‘(i) shall be bound by the employee protective
arrangements required under subparagraph (A); and
‘‘(ii) shall be responsible for the implementation
of such arrangements and for the obligations under
such arrangements, but may arrange for another entity
to take initial responsibility for compliance with the
conditions of such arrangement.
‘‘(k) DEFINED TERM.—In this section, the term ‘rural area’
means any area that is not within an area designated as an urbanized area by the Bureau of the Census.’’.
(b) CLERICAL AMENDMENT.—The analysis for chapter 229 of
title 49, United States Code, is amended by adding at the end
the following:

49 USC 22901
prec.

‘‘22909. Railroad Crossing Elimination Program.’’.
SEC. 22306. INTERSTATE RAIL COMPACTS.

whamilton on LAPJF8D0R2PROD with PUBLAW

(a) IN GENERAL.—Chapter 229 of title 49, United States Code
(as amended by section 22305(a)), is further amended by adding
at the end the following:
‘‘§ 22910. Interstate Rail Compacts Grant Program
‘‘(a) GRANTS AUTHORIZED.—The Secretary of Transportation
shall establish a competitive grant program to provide financial
assistance to entities implementing interstate rail compacts pursuant to section 410 of the Amtrak Reform and Accountability Act
of 1997 (49 U.S.C. 24101 note) for—
‘‘(1) costs of administration;
‘‘(2) systems planning, including studying the impacts on
freight rail operations and ridership;
‘‘(3) promotion of intercity passenger rail operation;
‘‘(4) preparation of applications for competitive Federal
grant programs; and
‘‘(5) operations coordination.
‘‘(b) MAXIMUM AMOUNT.—The Secretary may not award a grant
under this section in an amount exceeding $1,000,000 per year.
‘‘(c) SELECTION CRITERIA.—In selecting a recipient of a grant
for an eligible project under this section, the Secretary shall consider—
‘‘(1) the amount of funding received (including funding
from a rail carrier (as defined in section 24102)) or other
participation by State, local, and regional governments and
the private sector;

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Requirement.

Consultation.

Recommendations.
49 USC 22901
prec.

PUBLIC LAW 117–58—NOV. 15, 2021

‘‘(2) the applicant’s work to foster economic development
through rail service, particularly in rural communities;
‘‘(3) whether the applicant seeks to restore service over
routes formerly operated by Amtrak, including routes described
in section 11304(a) of the Passenger Rail Reform and Investment Act of 2015 (title XI of division A of Public Law 114–
94);
‘‘(4) the applicant’s dedication to providing intercity passenger rail service to regions and communities that are underserved or not served by other intercity public transportation;
‘‘(5) whether the applicant is enhancing connectivity and
geographic coverage of the existing national network of intercity
passenger rail service;
‘‘(6) whether the applicant has prepared regional rail or
corridor service development plans and corresponding environmental analysis; and
‘‘(7) whether the applicant has engaged with appropriate
government entities and transportation providers to identify
projects necessary to enhance multimodal connections or facilitate service integration between rail service and other modes,
including between intercity passenger rail service and intercity
bus service or commercial air service.
‘‘(d) NUMERICAL LIMITATION.—The Secretary may not award
grants under this section for more than 10 interstate rail compacts
in any fiscal year.
‘‘(e) OPERATOR LIMITATION.—The Secretary may only award
grants under this section to applicants with eligible expenses related
to intercity passenger rail service to be operated by Amtrak.
‘‘(f) NON-FEDERAL MATCH.—The Secretary shall require each
recipient of a grant under this section to provide a non-Federal
match of not less than 50 percent of the eligible expenses of carrying
out the interstate rail compact under this section.
‘‘(g) REPORT.—Not later than 3 years after the date of enactment
of the Passenger Rail Expansion and Rail Safety Act of 2021,
the Secretary, after consultation with grant recipients under this
section, shall submit a report to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of Representatives
that describes—
‘‘(1) the implementation of this section;
‘‘(2) the status of the planning efforts and coordination
funded by grants awarded under this section;
‘‘(3) the plans of grant recipients for continued implementation of the interstate rail compacts;
‘‘(4) the status of, and data regarding, any new, restored,
or enhanced rail services initiated under the interstate rail
compacts; and
‘‘(5) any legislative recommendations.’’.
(b) CLERICAL AMENDMENT.—The analysis for chapter 229 of
title 49, United States Code (as amended by section 22305(b)),
is amended by adding at the end the following:

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‘‘22910. Interstate Rail Compacts Grant Program.’’.

(c) IDENTIFICATION.—Section 410 of the Amtrak Reform and
Accountability Act of 1997 (Public Law 105–134; 49 U.S.C. 24101
note) is amended—
(1) in subsection (b)(2), by striking ‘‘(except funds made
available for Amtrak)’’; and

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(2) by adding at the end the following:
‘‘(c) NOTIFICATION REQUIREMENT.—Any State that enters into
an interstate compact pursuant to subsection (a) shall notify the
Secretary of Transportation of such compact not later than 60
days after it is formed. The failure of any State to notify the
Secretary under this subsection shall not affect the status of the
interstate compact.
‘‘(d) INTERSTATE RAIL COMPACTS PROGRAM.—The Secretary of
Transportation shall—
‘‘(1) make available on a publicly accessible website a list
of interstate rail compacts established under subsection (a)
before the date of enactment of the Passenger Rail Expansion
and Rail Safety Act of 2021 and interstate rail compacts established after such date; and
‘‘(2) make information regarding interstate rail compacts
available to the public, including how States may establish
interstate rail compacts under subsection (a), and update such
information, as necessary.’’.

Deadline.

Public
information.
List.

Update.

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SEC. 22307. FEDERAL-STATE PARTNERSHIP FOR INTERCITY PASSENGER RAIL GRANTS.

(a) IN GENERAL.—Section 24911 of title 49, United States Code,
is amended—
(1) in the section heading, by striking ‘‘for state of good
repair’’ and inserting ‘‘for intercity passenger rail’’;
(2) in subsection (a)—
(A) in paragraph (1)—
(i) in subparagraph (F), by striking ‘‘or’’ at the
end;
(ii) by redesignating subsection (G) as subsection
(H);
(iii) by inserting after subparagraph (F), the following:
‘‘(G) a federally recognized Indian Tribe; or’’; and
(iv) in subsection (H), as redesignated, by striking
‘‘(F)’’ and inserting ‘‘(G)’’;
(B) by striking paragraphs (2) and (5); and
(C) by redesignating paragraphs (3) and (4) as paragraphs (2) and (3), respectively;
(3) in subsection (b), by striking ‘‘with respect to qualified
railroad assets’’ and inserting ‘‘, improve performance, or
expand or establish new intercity passenger rail service,
including privately operated intercity passenger rail service
if an eligible applicant is involved;’’;
(4) by striking subsections (c) through (e) and inserting
the following:
‘‘(c) ELIGIBLE PROJECTS.—The following capital projects,
including acquisition of real property interests, are eligible to
receive grants under this section:
‘‘(1) A project to replace, rehabilitate, or repair infrastructure, equipment, or a facility used for providing intercity passenger rail service to bring such assets into a state of good
repair.
‘‘(2) A project to improve intercity passenger rail service
performance, including reduced trip times, increased train frequencies, higher operating speeds, improved reliability,

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Determination.

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Compliance.

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expanded capacity, reduced congestion, electrification, and other
improvements, as determined by the Secretary.
‘‘(3) A project to expand or establish new intercity passenger
rail service.
‘‘(4) A group of related projects described in paragraphs
(1) through (3).
‘‘(5) The planning, environmental studies, and final design
for a project or group of projects described in paragraphs (1)
through (4).
‘‘(d) PROJECT SELECTION CRITERIA.—In selecting a project for
funding under this section—
‘‘(1) for projects located on the Northeast Corridor, the
Secretary shall—
‘‘(A) make selections consistent with the Northeast Corridor Project Inventory published pursuant to subsection
(e)(1), unless when necessary to address materially changed
infrastructure or service conditions, changes in project
sponsor capabilities or commitments, or other significant
changes since the completion of the most recently issued
Northeast Corridor Project Inventory; and
‘‘(B) for projects that benefit intercity and commuter
rail services, only make such selections when Amtrak and
the public authorities providing commuter rail passenger
transportation at the eligible project location—
‘‘(i) are in compliance with section 24905(c)(2); and
‘‘(ii) identify funding for the intercity passenger
rail share, the commuter rail share, and the local share
of the eligible project before the commencement of the
project;
‘‘(2) for projects not located on the Northeast Corridor,
the Secretary shall—
‘‘(A) give preference to eligible projects—
‘‘(i) for which Amtrak is not the sole applicant;
‘‘(ii) that improve the financial performance, reliability, service frequency, or address the state of good
repair of an Amtrak route; and
‘‘(iii) that are identified in, and consistent with,
a corridor inventory prepared under the Corridor
Identification and Development Program pursuant to
section 25101; and
‘‘(B) take into account—
‘‘(i) the cost-benefit analysis of the proposed
project, including anticipated private and public benefits relative to the costs of the proposed project,
including—
‘‘(I) effects on system and service performance,
including as measured by applicable metrics set
forth in part 273 of title 49, Code of Federal Regulations (or successor regulations);
‘‘(II) effects on safety, competitiveness, reliability, trip or transit time, greenhouse gas emissions, and resilience;
‘‘(III) anticipated positive economic and
employment impacts, including development in
areas near passenger stations, historic districts,
or other opportunity zones;

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‘‘(IV) efficiencies from improved connections
with other modes; and
‘‘(V) ability to meet existing or anticipated
demand;
‘‘(ii) the degree to which the proposed project’s
business plan considers potential private sector participation in the financing, construction, or operation of
the proposed project;
‘‘(iii) the applicant’s past performance in developing and delivering similar projects, and previous
financial contributions;
‘‘(iv) whether the applicant has, or will have—
‘‘(I) the legal, financial, and technical capacity
to carry out the project;
‘‘(II) satisfactory continuing access to the
equipment or facilities; and
‘‘(III) the capability and willingness to maintain the equipment or facilities;
‘‘(v) if applicable, the consistency of the project
with planning guidance and documents set forth by
the Secretary or otherwise required by law;
‘‘(vi) whether the proposed project serves historically unconnected or underconnected communities; and
‘‘(vii) any other relevant factors, as determined
by the Secretary; and
‘‘(3) the Secretary shall reserve—
‘‘(A) not less than 45 percent of the amounts appropriated for grants under this section for projects not located
along the Northeast Corridor, of which not less than 20
percent shall be for projects that benefit (in whole or in
part) a long-distance route; and
‘‘(B) not less than 45 percent of the amounts appropriated for grants under this section for projects listed
on the Northeast Corridor project inventory published
pursuant to subsection (e)(1).
‘‘(e) LONG-TERM PLANNING.—Not later than 1 year after the
date of enactment of the Passenger Rail Expansion and Rail Safety
Act of 2021, and every 2 years thereafter, the Secretary shall
create a predictable project pipeline that will assist Amtrak, States,
and the public with long-term capital planning by publishing a
Northeast Corridor project inventory that—
‘‘(1) identifies capital projects for Federal investment,
project applicants, and proposed Federal funding levels under
this section;
‘‘(2) specifies the order in which the Secretary will provide
grant funding to projects that have identified sponsors and
are located along the Northeast Corridor, including a method
and plan for apportioning funds to project sponsors for the
2-year period, which may be altered by the Secretary, as necessary, if recipients are not carrying out projects in accordance
with the anticipated schedule;
‘‘(3) takes into consideration the appropriate sequence and
phasing of projects described in the Northeast Corridor capital
investment plan developed pursuant to section 24904(a);
‘‘(4) is consistent with the most recent Northeast Corridor
service development plan update described in section 24904(d);

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Inventory.

Plan.
Time period.

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135 STAT. 728

‘‘(5) takes into consideration the existing commitments and
anticipated Federal, project applicant, sponsor, and other relevant funding levels for the next 5 fiscal years based on
information currently available to the Secretary; and
‘‘(6) is developed in consultation with the Northeast Corridor Commission and the owners of Northeast Corridor infrastructure and facilities.’’;
(5) in subsection (f)(2), by inserting ‘‘, except as specified
under paragraph (4)’’ after ‘‘80 percent’’;
(6) in subsection (g)—
(A) in the subsection heading, by inserting ‘‘; PHASED
FUNDING AGREEMENTS’’ after ‘‘INTENT’’;
(B) in paragraph (1)—
(i) in the paragraph heading, by striking ‘‘IN GENERAL’’ and inserting ‘‘LETTERS OF INTENT’’; and
(ii) by striking ‘‘shall, to the maximum extent practicable,’’ and inserting ‘‘may’’;
(C) by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively;
(D) by inserting after paragraph (1) the following:
‘‘(2) PHASED FUNDING AGREEMENTS.—
‘‘(A) IN GENERAL.—The Secretary may enter into a
phased funding agreement with an applicant if—
‘‘(i) the project is highly rated, based on the evaluations and ratings conducted pursuant to this section
and the applicable notice of funding opportunity; and
‘‘(ii) the Federal assistance to be provided for the
project under this section is more than $80,000,000.
‘‘(B) TERMS.—A phased funding agreement shall—
‘‘(i) establish the terms of participation by the Federal Government in the project;
‘‘(ii) establish the maximum amount of Federal
financial assistance for the project;
‘‘(iii) include the period of time for completing the
project, even if such period extends beyond the period
for which Federal financial assistance is authorized;
‘‘(iv) make timely and efficient management of the
project easier in accordance with Federal law; and
‘‘(v) if applicable, specify when the process for complying with the National Environmental Policy Act
of 1969 (42 U.S.C. 4321 et seq.) and related environmental laws will be completed for the project.
‘‘(C) SPECIAL FINANCIAL RULES.—
‘‘(i) IN GENERAL.—A phased funding agreement
under this paragraph obligates an amount of available
budget authority specified in law and may include
a commitment, contingent on amounts to be specified
in law in advance for commitments under this paragraph, to obligate an additional amount from future
available budget authority specified in law.
‘‘(ii) STATEMENT OF CONTINGENT COMMITMENT.—
The agreement shall state that the contingent commitment is not an obligation of the Government.
‘‘(iii) INTEREST AND OTHER FINANCING COSTS.—
Interest and other financing costs of efficiently carrying
out a part of the project within a reasonable time
are a cost of carrying out the project under a phased

Time period.

Consultation.

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Contracts.

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PUBLIC LAW 117–58—NOV. 15, 2021

135 STAT. 729

funding agreement, except that eligible costs may not
be more than the cost of the most favorable financing
terms reasonably available for the project at the time
of borrowing. The applicant shall certify, to the satisfaction of the Secretary, that the applicant has shown
reasonable diligence in seeking the most favorable
financing terms.
‘‘(iv) FAILURE TO CARRY OUT PROJECT.—If an
applicant does not carry out the project for reasons
within the control of the applicant, the applicant shall
repay all Federal grant funds awarded for the project
from all Federal funding sources, for all project activities, facilities, and equipment, plus reasonable interest
and penalty charges allowable by law or established
by the Secretary in the phased funding agreement.
For purposes of this clause, a process for complying
with the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.) that results in the selection
of the no build alternative is not within the applicant’s
control.
‘‘(v) CREDITING OF FUNDS RECEIVED.—Any funds
received by the Government under this paragraph,
except for interest and penalty charges, shall be credited to the appropriation account from which the funds
were originally derived.’’;
(E) in paragraph (3), as redesignated—
(i) in subparagraph (A), in the matter preceding
clause (i), by inserting ‘‘a phased funding agreement
under paragraph (2) or’’ after ‘‘issuing’’; and
(ii) in subparagraph (B)(i), by inserting ‘‘the phased
funding agreement or’’ after ‘‘a copy of’’; and
(F) in paragraph (4), as redesignated—
(i) by striking ‘‘An obligation’’ and inserting the
following:
‘‘(B) APPROPRIATIONS REQUIRED.—An obligation’’; and
(ii) by inserting before subparagraph (B), as added
by clause (i), the following:
‘‘(A) IN GENERAL.—The Secretary may enter into
phased funding agreements under this subsection that contain contingent commitments to incur obligations in such
amounts as the Secretary determines are appropriate.’’;
(7) in subsection (i), by striking ‘‘section 22905’’ and
inserting ‘‘sections 22903 and 22905’’; and
(8) by adding at the end the following:
‘‘(j) ANNUAL REPORT ON PHASED FUNDING AGREEMENTS AND
LETTERS OF INTENT.—Not later than the first Monday in February
of each year, the Secretary shall submit a report to the Committee
on Commerce, Science, and Transportation of the Senate, the Committee on Appropriations of the Senate, the Committee on Transportation and Infrastructure of the House of Representatives, and
the Committee on Appropriations of the House of Representatives
that includes—
‘‘(1) a proposal for the allocation of amounts to be available
to finance grants for projects under this section among
applicants for such amounts;

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Determination.

Proposal.

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135 STAT. 730
Evaluations.

Recommendations.
Time period.

49 USC 24901
prec.

PUBLIC LAW 117–58—NOV. 15, 2021

‘‘(2) evaluations and ratings, as applicable, for each project
that has received a phased funding agreement or a letter of
intent; and
‘‘(3) recommendations for each project that has received
a phased funding agreement or a letter of intent for funding
based on the evaluations and ratings, as applicable, and on
existing commitments and anticipated funding levels for the
next 3 fiscal years based on information currently available
to the Secretary.
‘‘(k) REGIONAL PLANNING GUIDANCE CORRIDOR PLANNING.—The
Secretary may withhold up to 5 percent of the total amount made
available for this section to carry out planning and development
activities related to section 25101, including—
‘‘(1) providing funding to public entities for the development
of service development plans selected under the Corridor Identification and Development Program;
‘‘(2) facilitating and providing guidance for intercity passenger rail systems planning; and
‘‘(3) providing funding for the development and refinement
of intercity passenger rail systems planning analytical tools
and models.’’.
(b) CLERICAL AMENDMENT.—The analysis for chapter 249 of
title 49, United States Code, is amended by striking the item
relating to section 24911 and inserting the following:
‘‘24911. Federal-State partnership for intercity passenger rail.’’.
SEC. 22308. CORRIDOR IDENTIFICATION AND DEVELOPMENT PROGRAM.

(a) IN GENERAL.—Part C of subtitle V of title 49, United States
Code, is amended by adding at the end the following:
49 USC 25101
prec.

49 USC 25101.
Deadline.

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Criteria.

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‘‘CHAPTER 251—PASSENGER RAIL PLANNING
‘‘Sec.
‘‘25101. Corridor Identification and Development Program.

‘‘§ 25101. Corridor Identification and Development Program
‘‘(a) IN GENERAL.—Not later than 180 days after the date of
enactment of the Passenger Rail Expansion and Rail Safety Act
of 2021, the Secretary of Transportation shall establish a program
to facilitate the development of intercity passenger rail corridors.
The program shall include—
‘‘(1) a process for eligible entities described in subsection
(b) to submit proposals for the development of intercity passenger rail corridors;
‘‘(2) a process for the Secretary to review and select proposals in accordance with subsection (c);
‘‘(3) criteria for determining the level of readiness for Federal financial assistance of an intercity passenger rail corridor,
which shall include—
‘‘(A) identification of a service operator which may
include Amtrak or private rail carriers;
‘‘(B) identification of a service sponsor or sponsors;
‘‘(C) identification capital project sponsors;
‘‘(D) engagement with the host railroads; and
‘‘(E) other criteria as determined appropriate by the
Secretary;

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135 STAT. 731

‘‘(4) a process for preparing service development plans in
accordance with subsection (d), including the identification of
planning funds, such as funds made available under section
24911(k) and interstate rail compact grants established under
section 22210;
‘‘(5) the creation of a pipeline of intercity passenger rail
corridor projects under subsection (g);
‘‘(6) planning guidance to achieve the purposes of this section, including guidance for intercity passenger rail corridors
not selected under this section; and
‘‘(7) such other features as the Secretary considers relevant
to the successful development of intercity passenger rail corridors.
‘‘(b) ELIGIBLE ENTITIES.—The Secretary may receive proposals
under this section from Amtrak, States, groups of States, entities
implementing interstate compacts, regional passenger rail authorities, regional planning organizations, political subdivisions of a
State, federally recognized Indian Tribes, and other public entities,
as determined by the Secretary.
‘‘(c) CORRIDOR SELECTION.—In selecting intercity passenger rail
corridors pursuant to subsection (a), the Secretary shall consider—
‘‘(1) whether the route was identified as part of a regional
or interregional intercity passenger rail systems planning
study;
‘‘(2) projected ridership, revenues, capital investment, and
operating funding requirements;
‘‘(3) anticipated environmental, congestion mitigation, and
other public benefits;
‘‘(4) projected trip times and their competitiveness with
other transportation modes;
‘‘(5) anticipated positive economic and employment impacts,
including development in the areas near passenger stations,
historic districts, or other opportunity zones;
‘‘(6) committed or anticipated State, regional transportation
authority, or other non-Federal funding for operating and capital costs;
‘‘(7) benefits to rural communities;
‘‘(8) whether the corridor is included in a State’s approved
State rail plan developed pursuant to chapter 227;
‘‘(9) whether the corridor serves historically unserved or
underserved and low-income communities or areas of persistent
poverty;
‘‘(10) whether the corridor would benefit or improve
connectivity with existing or planned transportation services
of other modes;
‘‘(11) whether the corridor connects at least 2 of the 100
most populated metropolitan areas;
‘‘(12) whether the corridor would enhance the regional
equity and geographic diversity of intercity passenger rail
service;
‘‘(13) whether the corridor is or would be integrated into
the national rail passenger transportation system and whether
the corridor would create benefits for other passenger rail
routes and services; and
‘‘(14) whether a passenger rail operator, including a private
rail carrier, has expressed support for the corridor.

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135 STAT. 732

Inventory.

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Schedule.

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PUBLIC LAW 117–58—NOV. 15, 2021

‘‘(d) SERVICE DEVELOPMENT PLANS.—For each corridor proposal
selected for development under this section, the Secretary shall
partner with the entity that submitted the proposal, relevant States,
and Amtrak, as appropriate, to prepare a service development plan
(or to update an existing service development plan), which shall
include—
‘‘(1) a detailed description of the proposed intercity passenger rail service, including train frequencies, peak and average operating speeds, and trip times;
‘‘(2) a corridor project inventory that—
‘‘(A) identifies the capital projects necessary to achieve
the proposed intercity passenger rail service, including—
‘‘(i) the capital projects for which Federal investment will be sought;
‘‘(ii) the likely project applicants; and
‘‘(iii) the proposed Federal funding levels;
‘‘(B) specifies the order in which Federal funding will
be sought for the capital projects identified under subparagraph (A), after considering the appropriate sequence and
phasing of projects based on the anticipated availability
of funds; and
‘‘(C) is developed in consultation with the entities listed
in subsection (e);
‘‘(3) a schedule and any associated phasing of projects and
related service initiation or changes;
‘‘(4) project sponsors and other entities expected to participate in carrying out the plan;
‘‘(5) a description of how the corridor would comply with
Federal rail safety and security laws, orders, and regulations;
‘‘(6) the locations of existing and proposed stations;
‘‘(7) the needs for rolling stock and other equipment;
‘‘(8) a financial plan identifying projected—
‘‘(A) annual revenues;
‘‘(B) annual ridership;
‘‘(C) capital investments before service could be initiated;
‘‘(D) capital investments required to maintain service;
‘‘(E) annual operating and costs; and
‘‘(F) sources of capital investment and operating financial support;
‘‘(9) a description of how the corridor would contribute
to the development of a multi-State regional network of intercity passenger rail;
‘‘(10) an intermodal plan describing how the new or
improved corridor facilitates travel connections with other passenger transportation services;
‘‘(11) a description of the anticipated environmental benefits
of the corridor; and
‘‘(12) a description of the corridor’s impacts on highway
and aviation congestion, energy consumption, land use, and
economic development in the service area.
‘‘(e) CONSULTATION.—In partnering on the preparation of a
service development plan under subsection (d), the Secretary shall
consult with—
‘‘(1) Amtrak;
‘‘(2) appropriate State and regional transportation authorities and local officials;

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135 STAT. 733

‘‘(3) representatives of employee labor organizations representing railroad and other appropriate employees;
‘‘(4) host railroads for the proposed corridor; and
‘‘(5) other stakeholders, as determined by the Secretary.
‘‘(f) UPDATES.—Every 5 years, after the initial development
of the service development plan under subsection (d), if at least
40 percent of the work to implement a service development plan
prepared under subsection (d) has not yet been completed, the
plan’s sponsor, in consultation with the Secretary, shall determine
whether such plan should be updated.
‘‘(g) PROJECT PIPELINE.—Not later than 1 year after the
establishment of the program under this section, and by February
1st of each year thereafter, the Secretary shall submit to the Committee on Commerce, Science, and Transportation of the Senate,
the Committee on Appropriations of the Senate, and the Committee
on Transportation and Infrastructure of the House of Representatives, and the Committee on Appropriations of the House of Representatives a project pipeline, in accordance with this section,
that—
‘‘(1) identifies intercity passenger rail corridors selected
for development under this section;
‘‘(2) identifies capital projects for Federal investment,
project applicants, and proposed Federal funding levels, as
applicable, consistent with the corridor project inventory;
‘‘(3) specifies the order in which the Secretary would provide Federal financial assistance, subject to the availability
of funds, to projects that have identified sponsors, including
a method and plan for apportioning funds to project sponsors
for a 5-year period, which may be altered by the Secretary,
as necessary, if recipients are not carrying out projects on
the anticipated schedule;
‘‘(4) takes into consideration the appropriate sequence and
phasing of projects described in the corridor project inventory;
‘‘(5) takes into consideration the existing commitments and
anticipated Federal, project applicant, sponsor, and other relevant funding levels for the next 5 fiscal years based on
information currently available to the Secretary;
‘‘(6) is prioritized based on the level of readiness of the
corridor; and
‘‘(7) reflects consultation with Amtrak.
‘‘(h) DEFINITION.—In this section, the term ‘intercity passenger
rail corridor’ means—
‘‘(1) a new intercity passenger rail route of less than 750
miles;
‘‘(2) the enhancement of an existing intercity passenger
rail route of less than 750 miles;
‘‘(3) the restoration of service over all or portions of an
intercity passenger rail route formerly operated by Amtrak;
or
‘‘(4) the increase of service frequency of a long-distance
intercity passenger rail route.’’.
(b) CLERICAL AMENDMENT.—The table of chapters for subtitle
V of title 49, United States Code, is amended by inserting after
the item relating to chapter 249 the following:

Time period.
Consultation.
Determination.

Deadlines.

Time period.

Time period.

49 USC 20101
prec.

‘‘Chapter 251. Passenger rail planning .......................................................25101’’.

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135 STAT. 734
49 USC 1301
note.

PUBLIC LAW 117–58—NOV. 15, 2021

SEC. 22309. SURFACE TRANSPORTATION BOARD PASSENGER RAIL PROGRAM.

The Surface Transportation Board shall—
(1) establish a passenger rail program with primary responsibility for carrying out the Board’s passenger rail responsibilities; and
(2) hire up to 10 additional full-time employees to assist
in carrying out the responsibilities referred to in paragraph
(1).

Subtitle D—Rail Safety
SEC. 22401. RAILWAY-HIGHWAY CROSSINGS PROGRAM EVALUATION.
Deadline.
Determination.

Summaries.
Recommendations.

Deadline.
49 USC 22907
note.

Update.

(a) IN GENERAL.—Not later than 3 years after the date of
enactment of this Act, the Secretary shall evaluate the requirements
of the railway-highway crossings program authorized under section
130 of title 23, United States Code, to determine whether—
(1) the requirements of the program provide States sufficient flexibility to adequately address current and emerging
highway-rail grade crossing safety issues;
(2) the structure of the program provides sufficient incentives and resources to States and local agencies to make
changes at highway-rail grade crossings that are most effective
at reducing deaths and injuries;
(3) there are appropriate tools and resources to support
States in using data driven programs to determine the most
cost-effective use of program funds; and
(4) any statutory changes are recommended to improve
the effectiveness of the program.
(b) REPORT.—Not later than 4 years after the date of enactment
of this Act, the Secretary shall submit a report to the Committee
on Commerce, Science, and Transportation of the Senate, the Committee on Environment and Public Works of the Senate, and the
Committee on Transportation and Infrastructure of the House of
Representatives that summarizes and describes the results of the
evaluation conducted pursuant to subsection (a), including any recommended statutory changes.
SEC. 22402. GRADE CROSSING ACCIDENT PREDICTION MODEL.

Not later than 2 years after the date of enactment of this
Act, the Administrator of the Federal Railroad Administration
shall—
(1) update the grade crossing accident prediction and
severity model used by the Federal Railroad Administration
to analyze accident risk at highway-rail grade crossings; and
(2) provide training on the use of the updated grade
crossing accident prediction and severity model.

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SEC.

22403.

PERIODIC UPDATES
REPORTS AND PLANS.

TO

HIGHWAY-RAIL

CROSSING

(a) HIGHWAY-RAIL GRADE CROSSING SAFETY.—Section 11401 of
the Fixing America’s Surface Transportation Act (Public Law 114–
94; 49 U.S.C. 22907 note) is amended—
(1) by striking subsection (c); and
(2) by redesignating subsections (d) and (e) as subsections
(c) and (d), respectively.
(b) REPORTS ON HIGHWAY-RAIL GRADE CROSSING SAFETY.—

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(1) IN GENERAL.—Chapter 201 of title 49, United States
Code, is amended by inserting after section 20166 the following:
‘‘§ 20167. Reports on highway-rail grade crossing safety
‘‘(a) REPORT.—Not later than 4 years after the date by which
States are required to submit State highway-rail grade crossing
action plans under section 11401(b) of the Fixing America’s Surface
Transportation Act (49 U.S.C. 22907 note), the Administrator of
the Federal Railroad Administration, in consultation with the
Administrator of the Federal Highway Administration, shall submit
a report to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives that summarizes
the State highway-rail grade crossing action plans, including—
‘‘(1) an analysis and evaluation of each State railway-highway crossings program under section 130 of title 23, including—
‘‘(A) compliance with section 11401 of the Fixing America’s Surface Transportation Act and section 130(g) of title
23; and
‘‘(B) the specific strategies identified by each State
to improve safety at highway-rail grade crossings, including
crossings with multiple accidents or incidents;
‘‘(2) the progress of each State in implementing its State
highway-rail grade crossings action plan;
‘‘(3) the number of highway-rail grade crossing projects
undertaken pursuant to section 130 of title 23, including the
distribution of such projects by cost range, road system, nature
of treatment, and subsequent accident experience at improved
locations;
‘‘(4) which States are not in compliance with their schedule
of projects under section 130(d) of title 23; and
‘‘(5) any recommendations for future implementation of
the railway-highway crossings program under section 130 of
title 23.
‘‘(b) UPDATES.—Not later than 5 years after the submission
of the report required under subsection (a), the Administrator of
the Federal Railroad Administration, in consultation with the
Administrator of the Federal Highway Administration, shall—
‘‘(1) update the report based on the State annual reports
submitted pursuant to section 130(g) of title 23 and any other
information obtained by or available to the Administrator of
the Federal Railroad Administration; and
‘‘(2) submit the updated report to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of
Representatives.
‘‘(c) DEFINITIONS.—In this section:
‘‘(1) HIGHWAY-RAIL GRADE CROSSING.—The term ‘highwayrail grade crossing’ means a location within a State, other
than a location at which 1 or more railroad tracks cross 1
or more railroad tracks at grade, at which—
‘‘(A) a public highway, road, or street, or a private
roadway, including associated sidewalks and pathways,
crosses 1 or more railroad tracks, either at grade or gradeseparated; or
‘‘(B) a pathway explicitly authorized by a public
authority or a railroad carrier that—

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49 USC 20167.
Consultation.
Summaries.

Analysis.
Evaluation.
Compliance.

Strategies.

Compliance.
Recommendations.
Deadline.
Consultation.

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135 STAT. 736

PUBLIC LAW 117–58—NOV. 15, 2021
‘‘(i) is dedicated for the use of nonvehicular traffic,
including pedestrians, bicyclists, and others;
‘‘(ii) is not associated with a public highway, road,
or street, or a private roadway; and
‘‘(iii) crosses 1 or more railroad tracks, either at
grade or grade-separated.
‘‘(2) STATE.—The term ‘State’ means a State of the United
States or the District of Columbia.’’.
(2) CLERICAL AMENDMENT.—The analysis for chapter 201
of title 49, United States Code, is amended by inserting after
the item relating to section 20166 the following:

49 USC 20101
prec.

‘‘20167. Reports on highway-rail grade crossing safety.’’.

(c) ANNUAL REPORT.—Section 130(g) of title 23, United States
Code, is amended to read as follows:
‘‘(g) ANNUAL REPORT.—
‘‘(1) IN GENERAL.—Not later than August 31 of each year,
each State shall submit a report to the Administrator of the
Federal Highway Administration that describes—
‘‘(A) the progress being made to implement the railwayhighway crossings program authorized under this section;
and
‘‘(B) the effectiveness of the improvements made as
a result of such implementation.
‘‘(2) CONTENTS.—Each report submitted pursuant to paragraph (1) shall contain an assessment of—
‘‘(A) the costs of the various treatments employed by
the State to implement the railway-highway crossings program; and
‘‘(B) the effectiveness of such treatments, as measured
by the accident experience at the locations that received
such treatments.
‘‘(3) COORDINATION.—Not later than 30 days after the Federal Highway Administration’s acceptance of each report submitted pursuant to paragraph (1), the Administrator of the
Federal Highway Administration shall make such report available to the Administrator of the Federal Railroad Administration.’’.

Assessments.

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49 USC 22907
note.
Time period.

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SEC. 22404. BLOCKED CROSSING PORTAL.

(a) IN GENERAL.—The Administrator of the Federal Railroad
Administration shall establish a 3-year blocked crossing portal,
which shall include the maintenance of the portal and corresponding
database to receive, store, and retrieve information regarding
blocked highway-rail grade crossings.
(b) BLOCKED CROSSING PORTAL.—The Administrator of the Federal Railroad Administration shall establish a blocked crossing
portal that—
(1) collects information from the public, including first
responders, regarding blocked highway-rail grade crossing
events;
(2) solicits the apparent cause of the blocked crossing and
provides examples of common causes of blocked crossings, such
as idling trains or instances when lights or gates are activated
when no train is present;
(3) provides each complainant with the contact information
for reporting a blocked crossing to the relevant railroad; and

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135 STAT. 737

(4) encourages each complainant to report the blocked
crossing to the relevant railroad.
(c) COMPLAINTS.—The blocked crossing portal shall be programmed to receive complaints from the general public about
blocked highway-rail grade crossings. Any complaint reported
through the portal shall indicate whether the complainant also
reported the blocked crossing to the relevant railroad.
(d) INFORMATION RECEIVED.—In reviewing complaints received
pursuant to subsection (c), the Federal Railroad Administration
shall review, to the extent practicable, the information received
from the complainant to account for duplicative or erroneous
reporting.
(e) USE OF INFORMATION.—The information received and maintained in the blocked crossing portal database shall be used by
the Federal Railroad Administration—
(1) to identify frequent and long-duration blocked highwayrail grade crossings;
(2) as a basis for conducting outreach to communities,
emergency responders, and railroads;
(3) to support collaboration in the prevention of incidents
at highway-rail grade crossings; and
(4) to assess the impacts of blocked crossings.
(f) SHARING INFORMATION RECEIVED.—
(1) IN GENERAL.—The Administrator of the Federal Railroad Administration shall implement and make publicly available procedures for sharing any nonaggregated information
received through the blocked crossing portal with the public.
(2) RULE OF CONSTRUCTION.—Nothing in this section may
be construed to authorize the Federal Railroad Administration
to make publically available sensitive security information.
(g) ADDITIONAL INFORMATION.—If the information submitted
to the blocked crossing portal is insufficient to determine the locations and potential impacts of blocked highway-rail grade crossings,
the Federal Railroad Administration may collect, from the general
public, State and local law enforcement personnel, and others as
appropriate, and on a voluntary basis, such additional information
as may be necessary to make such determinations.
(h) LIMITATIONS.—Complaints, data, and other information
received through the blocked crossing portal may not be used—
(1) to infer or extrapolate the rate or instances of crossings
beyond the data received through the portal; or
(2) for any regulatory or enforcement purposes except those
specifically described in this section.
(i) REPORTS.—
(1) ANNUAL PUBLIC REPORT.—The Administrator of the Federal Railroad Administration shall publish an annual report
on a public website regarding the blocked crossing program,
including the underlying causes of blocked crossings, program
challenges, and other findings.
(2) REPORT TO CONGRESS.—Not later than 1 year after
the date of enactment of this Act, the Administrator of the
Federal Railroad Administration shall submit a report to the
Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Transportation and Infrastructure of the House of Representatives that describes—
(A) based on the information received through the
blocked crossing portal, frequent and long-duration blocked

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Review.

Public
information.
Procedures.

Web posting.

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highway-rail grade crossings, including the locations, dates,
durations, and impacts resulting from such occurrences;
(B) the Federal Railroad Administration’s process for
verifying the accuracy of the complaints submitted to the
blocked crossing portal, including whether the portal continues to be effective in collecting such information and
identifying blocked crossings;
(C) the Federal Railroad Administration’s use of the
data compiled by the blocked crossing portal to assess
the underlying cause and overall impacts of blocked
crossings;
(D) the engagement of the Federal Railroad Administration with affected parties to identify and facilitate solutions to frequent and long-duration blocked highway-rail
grade crossings identified by the blocked crossing portal;
and
(E) whether the blocked crossing portal continues to
be an effective method to collect blocked crossing information and what changes could improve its effectiveness.
(j) SUNSET.—This section (other than subsection (k)) shall have
no force or effect beginning on the date that is 3 years after
the date of enactment of this Act.
(k) RULE OF CONSTRUCTION.—Nothing in this section may be
construed to invalidate any authority of the Secretary with respect
to blocked highway-rail grade crossings. The Secretary may continue
to use any such authority after the sunset date set forth in subsection (j).
Deadlines.
49 USC 20101
note.

Recommendations.
Website.

whamilton on LAPJF8D0R2PROD with PUBLAW

Deadline.
Regulations.
Requirements.
Plans.
Compliance.
49 USC 20133
note.

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SEC. 22405. DATA ACCESSIBILITY.

(a) REVIEW.—Not later than 180 days after the date of enactment of this Act, the Chief Information Officer of the Department
shall—
(1) conduct a review of the website of the Office of Safety
Analysis of the Federal Railroad Administration; and
(2) provide recommendations to the Secretary for improving
the public’s usability and accessibility of the website referred
to in paragraph (1).
(b) UPDATES.—Not later than 1 year after receiving recommendations from the Chief Information Officer pursuant to subsection (a)(2), the Secretary, after considering such recommendations, shall update the website of the Office of Safety Analysis
of the Federal Railroad Administration to improve the usability
and accessibility of the website.
SEC. 22406. EMERGENCY LIGHTING.

Not later than 1 year after the date of enactment of this
Act, the Secretary shall initiate a rulemaking to require that all
rail carriers providing intercity passenger rail transportation or
commuter rail passenger transportation (as such terms are defined
in section 24102 of title 49, United States Code), develop and
implement periodic inspection plans to ensure that passenger equipment offered for revenue service complies with the requirements
under part 238 of title 49, Code of Federal Regulations, including
ensuring that, in the event of a loss of power, there is adequate
emergency lighting available to allow passengers, crew members,
and first responders—
(1) to see and orient themselves;
(2) to identify obstacles;

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135 STAT. 739

(3) to safely move throughout the rail car; and
(4) to evacuate safely.
SEC. 22407. COMPREHENSIVE RAIL SAFETY REVIEW OF AMTRAK.

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(a) COMPREHENSIVE SAFETY ASSESSMENT.—Not later than 1
year after the date of enactment of this Act, the Secretary shall—
(1) conduct a focused review of Amtrak’s safety-related
processes and procedures, compliance with safety regulations
and requirements, and overall safety culture; and
(2) submit a report to the Committee on Commerce, Science,
and Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of Representatives that includes the findings and recommendations resulting
from such assessment.
(b) PLAN.—
(1) INITIAL PLAN.—Not later than 6 months after the
completion of the comprehensive safety assessment under subsection (a)(1), Amtrak shall submit a plan to the Committee
on Commerce, Science, and Transportation of the Senate and
the Committee on Transportation and Infrastructure of the
House of Representatives for addressing the findings and recommendations raised in the comprehensive safety assessment.
(2) ANNUAL UPDATES.—Amtrak shall submit annual
updates of its progress toward implementing the plan submitted
pursuant to paragraph (1) to the committees listed in such
paragraph.

VerDate Sep 11 2014

Deadlines.
49 USC 24313
note.
Compliance.

Reports.
Recommendations.

SEC. 22408. COMPLETION OF HOURS OF SERVICE AND FATIGUE
STUDIES.

49 USC 21109
note.

(a) IN GENERAL.—Not later than 90 days after the date of
enactment of this Act, the Administrator of the Federal Railroad
Administration shall commence the pilot programs required under
subparagraphs (A) and (B) of section 21109(e)(1) of title 49, United
States Code.
(b) CONSULTATION.—The Federal Railroad Administration shall
consult with the class or craft of employees impacted by the pilot
projects, including railroad carriers, and representatives of labor
organizations representing the impacted employees when designing
and conducting the pilot programs referred to in subsection (a).
(c) REPORT.—If the pilot programs required under section
21109(e)(1) of title 49, United States Code, have not commenced
on the date that is 1 year and 120 days after the date of enactment
of this Act, the Secretary, not later than 30 days after such date,
submit a report to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Transportation
and Infrastructure of the House of Representatives that describes—
(1) the status of such pilot programs;
(2) actions that the Federal Railroad Administration has
taken to commence the pilot programs, including efforts to
recruit participant railroads;
(3) any challenges impacting the commencement of the
pilot programs; and
(4) any other details associated with the development of
the pilot programs that affect progress toward meeting the
mandate under such section 21109(e)(1).

Deadline.

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135 STAT. 740

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SEC. 22409. POSITIVE TRAIN CONTROL STUDY.
Determination.

Summaries.

49 USC 20162
note.

SEC. 22410. OPERATING CREW MEMBER TRAINING, QUALIFICATION,
AND CERTIFICATION.

Deadline.

(a) AUDITS.—Not later than 60 days after the date of enactment
of this Act, the Secretary shall initiate audits of the training,
qualification, and certification programs of locomotive engineers
and conductors of railroad carriers, subject to the requirements
of parts 240 and 242 of title 49, Code of Federal Regulations,
which audits shall—
(1) be conducted in accordance with subsection (b);
(2) consider whether such programs are in compliance with
such parts 240 and 242;
(3) assess the type and content of training that such programs provide locomotive engineers and conductors, relevant
to their respective roles, including training related to installed
technology;
(4) determine whether such programs provide locomotive
engineers and conductors the knowledge, skill, and ability to
safely operate a locomotive or train, consistent with such parts
240 and 242;
(5) determine whether such programs reflect the current
operating practices of the railroad carrier;
(6) assess the current practice by which railroads utilize
simulator training, or any other technologies used to train
and qualify locomotive engineers and conductors by examining
how such technologies are used;
(7) consider international experience and practice using
similar technology, as appropriate, particularly before qualifying locomotive engineers on new or unfamiliar equipment,
new train control, diagnostics, or other on-board technology;
(8) assess the current practice for familiarizing locomotive
engineers and conductors with new territory and using recurrency training to expose such personnel to normal and abnormal
conditions; and
(9) ensure that locomotive engineers and conductor training
programs are considered separately, as appropriate, based on
the unique requirements and regulations.
(b) AUDIT SCHEDULING.—The Secretary shall—
(1) schedule the audits required under subsection (a) to
ensure that—
(A) each Class I railroad, including the National Railroad Passenger Corporation and other intercity passenger
rail providers, is audited not less frequently than once
every 5 years; and

Compliance.
Assessment.

Determination.

Determination.
Assessment.
Examination.

Assessment.

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Time periods.

VerDate Sep 11 2014

(a) STUDY.—The Comptroller General of the United States shall
conduct a study to determine the annual positive train control
system operation and maintenance costs for public commuter railroads.
(b) REPORT.—Not later than 2 years after the date of enactment
of this Act, the Comptroller General of the United States shall
submit a report to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Transportation
and Infrastructure of the House of Representatives that summarizes
the study conducted pursuant to subsection (a), including the estimated annual positive train control system operation and maintenance costs for public commuter railroads.

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135 STAT. 741

(B) a select number, as determined appropriate by
the Secretary, of Class II and Class III railroads, along
with other railroads providing passenger rail service that
are not included in subparagraph (A), are audited annually;
and
(2) conduct the audits described in paragraph (1)(B) in
accordance with the Small Business Regulatory Enforcement
Fairness Act of 1996 (5 U.S.C. 601 note) and appendix C
of part 209 of title 49, Code of Federal Regulations.
(c) UPDATES TO QUALIFICATION AND CERTIFICATION PROGRAM.—
If the Secretary, while conducting the audits required under this
section, identifies a deficiency in a railroad’s training, qualification,
and certification program for locomotive engineers or conductors,
the railroad shall update the program to eliminate such deficiency.
(d) CONSULTATION AND COOPERATION.—
(1) CONSULTATION.—In conducting any audit required
under this section, the Secretary shall consult with the railroad
and its employees, including any nonprofit employee labor
organization representing the engineers or conductors of the
railroad.
(2) COOPERATION.—The railroad and its employees,
including any nonprofit employee labor organization representing engineers or conductors of the railroad, shall fully
cooperate with any such audit, including by—
(A) providing any relevant documents requested; and
(B) making available any employees for interview without undue delay or obstruction.
(3) FAILURE TO COOPERATE.—If the Secretary determines
that a railroad or any of its employees, including any nonprofit
employee labor organization representing engineers or conductors of the railroad is not fully cooperating with an audit,
the Secretary shall electronically notify the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of
Representatives.
(e) REVIEW OF REGULATIONS.—The Secretary shall triennially
determine whether any update to part 240 or 242 of title 49,
Code of Federal Regulations, is necessary to better prepare locomotive engineers and conductors to safely operate trains by evaluating whether such regulations establish appropriate Federal standards requiring railroads—
(1) to provide locomotive engineers or conductors the knowledge and skills to safely operate trains under conditions that
reflect industry practices;
(2) to adequately address locomotive engineer or conductor
route situational awareness, including ensuring locomotive
engineers and conductors to demonstrate knowledge on the
physical characteristics of a territory under various conditions
and using various resources;
(3) to provide relevant and adequate hands-on training
before a locomotive engineer or conductor is certified;
(4) to adequately prepare locomotive engineers or conductors to understand relevant locomotive operating characteristics, to include instructions on functions they are required
to operate on any installed technology; and

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Determination.

Determination.
Notification.

Determination.
Evaluation.

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135 STAT. 742

PUBLIC LAW 117–58—NOV. 15, 2021

(5) to address any other safety issue that the Secretary
determines to be appropriate for better preparing locomotive
engineers or conductors.
(f) ANNUAL REPORT.—The Secretary shall publish an annual
report on the public website of the Federal Railroad Administration
that—
(1) summarizes the findings of the prior year’s audits;
(2) summarizes any updates made pursuant to subsection
(c); and
(3) excludes and confidential business information or sensitive security information.

Public
information.
Web posting.
Summaries.

SEC. 22411. TRANSPARENCY AND SAFETY.

Data.

Public comment.

Public
information.
Web posting.

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Deadline.
Time period.
Review.
Analysis.
Determination.

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Section 20103(d) of title 49, United States Code, is amended
to read as follows:
‘‘(d) NONEMERGENCY WAIVERS.—
‘‘(1) IN GENERAL.—The Secretary of Transportation may
waive, or suspend the requirement to comply with, any part
of a regulation prescribed or an order issued under this chapter
if such waiver or suspension is in the public interest and
consistent with railroad safety.
‘‘(2) NOTICE REQUIRED.—The Secretary shall—
‘‘(A) provide timely public notice of any request for
a waiver under this subsection or for a suspension under
subpart E of part 211 of title 49, Code of Federal Regulations, or successor regulations;
‘‘(B) make available the application for such waiver
or suspension and any nonconfidential underlying data to
interested parties;
‘‘(C) provide the public with notice and a reasonable
opportunity to comment on a proposed waiver or suspension
under this subsection before making a final decision; and
‘‘(D) publish on a publicly accessible website the reasons for granting each such waiver or suspension.
‘‘(3) INFORMATION PROTECTION.—Nothing in this subsection
may be construed to require the release of information protected
by law from public disclosure.
‘‘(4) RULEMAKING.—
‘‘(A) IN GENERAL.—Not later than 1 year after the
first day on which a waiver under this subsection or a
suspension under subpart E of part 211 of title 49, Code
of Federal Regulations, or successor regulations, has been
in continuous effect for a 6-year period, the Secretary shall
complete a review and analysis of such waiver or suspension to determine whether issuing a rule that is consistent
with the waiver is—
‘‘(i) in the public interest; and
‘‘(ii) consistent with railroad safety.
‘‘(B) FACTORS.—In conducting the review and analysis
under subparagraph (A), the Secretary shall consider—
‘‘(i) the relevant safety record under the waiver
or suspension;
‘‘(ii) the likelihood that other entities would have
similar safety outcomes;
‘‘(iii) the materials submitted in the applications,
including any comments regarding such materials; and
‘‘(iv) related rulemaking activity.

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PUBLIC LAW 117–58—NOV. 15, 2021

135 STAT. 743

‘‘(C) NOTICE AND COMMENT.—
‘‘(i) IN GENERAL.—The Secretary shall publish the
review and analysis required under this paragraph
in the Federal Register, which shall include a summary
of the data collected and all relevant underlying data,
if the Secretary decides not to initiate a regulatory
update under subparagraph (D).
‘‘(ii) NOTICE OF PROPOSED RULEMAKING.—The
review and analysis under this paragraph shall be
included as part of the notice of proposed rulemaking
if the Secretary initiates a regulatory update under
subparagraph (D).
‘‘(D) REGULATORY UPDATE.—The Secretary may initiate
a rulemaking to incorporate relevant aspects of a waiver
under this subsection or a suspension under subpart E
of part 211 of title 49, Code of Federal Regulations, or
successor regulations, into the relevant regulation, to the
extent the Secretary considers appropriate.
‘‘(5) RULE OF CONSTRUCTION.—Nothing in this subsection
may be construed to delay any waiver granted pursuant to
this subsection that is in the public interest and consistent
with railroad safety.’’.

Federal Register,
publication.
Summary.
Data.

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SEC. 22412. RESEARCH AND DEVELOPMENT.

Section 20108 of title 49, United States Code, is amended
by adding at the end the following:
‘‘(d) FACILITIES.—The Secretary may erect, alter, and repair
buildings and make other public improvements to carry out necessary railroad research, safety, and training activities at the
Transportation Technology Center in Pueblo, Colorado.
‘‘(e) OFFSETTING COLLECTIONS.—The Secretary may collect fees
or rents from facility users to offset appropriated amounts for
the cost of providing facilities or research, development, testing,
training, or other services, including long-term sustainment of the
on-site physical plant.
‘‘(f) REVOLVING FUND.—Amounts appropriated to carry out subsection (d) and all fees and rents collected pursuant to subsection
(e) shall be credited to a revolving fund and remain available
until expended. The Secretary may use such fees and rents for
operation, maintenance, repair, or improvement of the Transportation Technology Center.
‘‘(g) LEASES AND CONTRACTS.—Notwithstanding section 1302
of title 40, the Secretary may lease to others or enter into contracts
for terms of up to 20 years, for such consideration and subject
to such terms and conditions as the Secretary determines to be
in the best interests of the Government of the United States,
for the operation, maintenance, repair, and improvement of the
Transportation Technology Center.
‘‘(h) PROPERTY AND CASUALTY LOSS INSURANCE.—The Secretary
may allow its lessees and contractors to purchase property and
casualty loss insurance for its assets and activities at the Transportation Technology Center to mitigate the lessee’s or contractor’s
risk associated with operating a facility.
‘‘(i) ENERGY PROJECTS.—Notwithstanding section 1341 of title
31, the Secretary may enter into contracts or agreements, or commit
to obligations in connection with third-party contracts or agreements, including contingent liability for the purchase of electric

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Fees.

Time period.
Determination.

Contracts.
Time period.

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135 STAT. 744

PUBLIC LAW 117–58—NOV. 15, 2021

power in connection with such contracts or agreements, for terms
not to exceed 20 years, to enable the use of the land at the Transportation Technology Center for projects to produce energy from renewable sources.’’.
SEC. 22413. RAIL RESEARCH AND DEVELOPMENT CENTER OF EXCELLENCE.

Grants.

Section 20108 of title 49, United States Code, as amended
by section 22412, is further amended by adding at the end the
following:
‘‘(j) RAIL RESEARCH AND DEVELOPMENT CENTER OF EXCELLENCE.—
‘‘(1) CENTER OF EXCELLENCE.—The Secretary shall award
grants to establish and maintain a center of excellence to
advance research and development that improves the safety,
efficiency, and reliability of passenger and freight rail transportation.
‘‘(2) ELIGIBILITY.—An institution of higher education (as
defined in section 101 of the Higher Education Act of 1965
(20 U.S.C. 1001)) or a consortium of nonprofit institutions of
higher education shall be eligible to receive a grant from the
center established pursuant to paragraph (1).
‘‘(3) SELECTION CRITERIA.—In awarding a grant under this
subsection, the Secretary shall—
‘‘(A) give preference to applicants with strong past
performance related to rail research, education, and
workforce development activities;
‘‘(B) consider the extent to which the applicant would
involve public and private sector passenger and freight
railroad operators; and
‘‘(C) consider the regional and national impacts of the
applicant’s proposal.
‘‘(4) USE OF FUNDS.—Grant funds awarded pursuant to
this subsection shall be used for basic and applied research,
evaluation, education, workforce development, and training
efforts related to safety, project delivery, efficiency, reliability,
resiliency, and sustainability of urban commuter, intercity highspeed, and freight rail transportation, to include advances in
rolling stock, advanced positive train control, human factors,
rail infrastructure, shared corridors, grade crossing safety,
inspection technology, remote sensing, rail systems maintenance, network resiliency, operational reliability, energy efficiency, and other advanced technologies.
‘‘(5) FEDERAL SHARE.—The Federal share of a grant
awarded under this subsection shall be 50 percent of the cost
of establishing and operating the center of excellence and
related research activities carried out by the grant recipient.’’.

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SEC. 22414. QUARTERLY REPORT ON POSITIVE TRAIN CONTROL
SYSTEM PERFORMANCE.

Section 20157 of title 49, United States Code, is amended
by adding at the end the following:
‘‘(m) REPORTS ON POSITIVE TRAIN CONTROL SYSTEM PERFORMANCE.—
‘‘(1) IN GENERAL.—Each host railroad subject to this section
or subpart I of part 236 of title 49, Code of Federal Regulations,
shall electronically submit to the Secretary of Transportation
a Report of PTC System Performance on Form FRA F 6180.152,

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135 STAT. 745

which shall be submitted on or before the applicable due date
set forth in paragraph (3) and contain the information described
in paragraph (2), which shall be separated by the host railroad,
each applicable tenant railroad, and each positive train controlgoverned track segment, consistent with the railroad’s positive
train control Implementation Plan described in subsection
(a)(1).
‘‘(2) REQUIRED INFORMATION.—Each report submitted
pursuant to paragraph (1) shall include, for the applicable
reporting period—
‘‘(A) the number of positive train control system
initialization failures, disaggregated by the number of
initialization failures for which the source or cause was
the onboard subsystem, the wayside subsystem, the
communications subsystem, the back office subsystem, or
a non-positive train control component;
‘‘(B) the number of positive train control system cut
outs, disaggregated by each component listed in subparagraph (A) that was the source or cause of such cut outs;
‘‘(C) the number of positive train control system malfunctions, disaggregated by each component listed in
subparagraph (A) that was the source or cause of such
malfunctions;
‘‘(D) the number of enforcements by the positive train
control system;
‘‘(E) the number of enforcements by the positive train
control system in which it is reasonable to assume an
accident or incident was prevented;
‘‘(F) the number of scheduled attempts at initialization
of the positive train control system;
‘‘(G) the number of train miles governed by the positive
train control system; and
‘‘(H) a summary of any actions the host railroad and
its tenant railroads are taking to reduce the frequency
and rate of initialization failures, cut outs, and malfunctions, such as any actions to correct or eliminate systemic
issues and specific problems.
‘‘(3) DUE DATES.—
‘‘(A) IN GENERAL.—Except as provided in subparagraph
(B), each host railroad shall electronically submit the report
required under paragraph (1) not later than—
‘‘(i) April 30, for the period from January 1 through
March 31;
‘‘(ii) July 31, for the period from April 1 through
June 30;
‘‘(iii) October 31, for the period from July 1 through
September 30; and
‘‘(iv) January 31, for the period from October 1
through December 31 of the prior calendar year.
‘‘(B) FREQUENCY REDUCTION.—Beginning on the date
that is 3 years after the date of enactment of the Passenger
Rail Expansion and Rail Safety Act of 2021, the Secretary
shall reduce the frequency with which host railroads are
required to submit the report described in paragraph (1)
to not less frequently than twice per year, unless the Secretary—

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Effective date.

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135 STAT. 746

PUBLIC LAW 117–58—NOV. 15, 2021
‘‘(i) determines that quarterly reporting is in the
public interest; and
‘‘(ii) publishes a justification for such determination in the Federal Register.
‘‘(4) TENANT RAILROADS.—Each tenant railroad that operates on a host railroad’s positive train control-governed main
line and is not currently subject to an exception under section
236.1006(b) of title 49, Code of Federal Regulations, shall
submit the information described in paragraph (2) to each
applicable host railroad on a continuous basis.
‘‘(5) ENFORCEMENTS.—Any railroad operating a positive
train control system classified under Federal Railroad Administration Type Approval number FRA–TA–2010–001 or FRA–
TA–2013–003 shall begin submitting the metric required under
paragraph (2)(D) not later than January 31, 2023.’’.

Determination.
Federal Register,
publication.

Deadline.

SEC. 22415. SPEED LIMIT ACTION PLANS.

(a) CODIFICATION OF, AND AMENDMENT TO, SECTION 11406 OF
FAST ACT.—Subchapter II of chapter 201 of subtitle V of
title 49, United States Code, is amended by inserting after section
20168 the following:

THE

whamilton on LAPJF8D0R2PROD with PUBLAW

Deadlines.
49 USC 20169.
Consultation.
Surveys.

Compliance.

VerDate Sep 11 2014

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‘‘§ 20169. Speed limit action plans
‘‘(a) IN GENERAL.—Not later than March 3, 2016, each railroad
carrier providing intercity rail passenger transportation or commuter rail passenger transportation, in consultation with any
applicable host railroad carrier, shall survey its entire system and
identify each main track location where there is a reduction of
more than 20 miles per hour from the approach speed to a curve,
bridge, or tunnel and the maximum authorized operating speed
for passenger trains at that curve, bridge, or tunnel.
‘‘(b) ACTION PLANS.—Not later than 120 days after the date
that the survey under subsection (a) is complete, a railroad carrier
described in subsection (a) shall submit to the Secretary of
Transportation an action plan that—
‘‘(1) identifies each main track location where there is
a reduction of more than 20 miles per hour from the approach
speed to a curve, bridge, or tunnel and the maximum authorized
operating speed for passenger trains at that curve, bridge,
or tunnel;
‘‘(2) describes appropriate actions to enable warning and
enforcement of the maximum authorized speed for passenger
trains at each location identified under paragraph (1),
including—
‘‘(A) modification to automatic train control systems,
if applicable, or other signal systems;
‘‘(B) increased crew size;
‘‘(C) installation of signage alerting train crews of the
maximum authorized speed for passenger trains in each
location identified under paragraph (1);
‘‘(D) installation of alerters;
‘‘(E) increased crew communication; and
‘‘(F) other practices;
‘‘(3) contains milestones and target dates for implementing
each appropriate action described under paragraph (2); and
‘‘(4) ensures compliance with the maximum authorized
speed at each location identified under paragraph (1).

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PUBLIC LAW 117–58—NOV. 15, 2021

135 STAT. 747

‘‘(c) APPROVAL.—Not later than 90 days after the date on which
an action plan is submitted under subsection (b) or (d)(2), the
Secretary shall approve, approve with conditions, or disapprove
the action plan.
‘‘(d) PERIODIC REVIEWS AND UPDATES.—Each railroad carrier
that submits an action plan to the Secretary pursuant to subsection
(b) shall—
‘‘(1) not later than 1 year after the date of enactment
of the Passenger Rail Expansion and Rail Safety Act of 2021,
and annually thereafter, review such plan to ensure the
effectiveness of actions taken to enable warning and enforcement of the maximum authorized speed for passenger trains
at each location identified pursuant to subsection (b)(1); and
‘‘(2) not later than 90 days before implementing any significant operational or territorial operating change, including initiating a new service or route, submit to the Secretary a revised
action plan, after consultation with any applicable host railroad,
that addresses such operational or territorial operating change.
‘‘(e) NEW SERVICE.—If a railroad carrier providing intercity
rail passenger transportation or commuter rail passenger transportation did not exist on the date of enactment of the FAST Act
(Public Law 114–94; 129 Stat. 1312), such railroad carrier, in consultation with any applicable host railroad carrier, shall—
‘‘(1) survey its routes pursuant to subsection (a) not later
than 90 days after the date of enactment of the Passenger
Rail Expansion and Rail Safety Act of 2021; and
‘‘(2) develop an action plan pursuant to subsection (b) not
later than 120 days after the date on which such survey is
complete.
‘‘(f) ALTERNATIVE SAFETY MEASURES.—The Secretary may
exempt from the requirements under this section each segment
of track for which operations are governed by a positive train
control system certified under section 20157, or any other safety
technology or practice that would achieve an equivalent or greater
level of safety in reducing derailment risk.
‘‘(g) PROHIBITION.—No new intercity or commuter rail passenger
service may begin operation unless the railroad carrier providing
such service is in compliance with the requirements under this
section.
‘‘(h) SAVINGS CLAUSE.—Nothing in this section may be construed to prohibit the Secretary from applying the requirements
under this section to other segments of track at high risk of overspeed derailment.’’.
(b) CLERICAL AMENDMENT.—The analysis for chapter 201 of
subtitle V of title 49, United States Code, is amended by adding
at the end the following:

Consultation.

Consultation.

Surveys.

Compliance.

49 USC 20101
prec.

‘‘20169. Speed limit action plans.’’.
SEC. 22416. NEW PASSENGER SERVICE PRE-REVENUE SAFETY VALIDATION PLAN.

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(a) IN GENERAL.—Subchapter II of chapter 201 of subtitle V
of title 49, United States Code, as amended by section 22415,
is further amended by adding at the end the following:
‘‘§ 20170. Pre-revenue service safety validation plan
‘‘(a) PLAN SUBMISSION.—Any railroad providing new, regularly
scheduled, intercity or commuter rail passenger transportation, an

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49 USC 20170.
Time period.
Deadline.

PUBL058

135 STAT. 748

Notification.

Requirement.

49 USC 20101
prec.

PUBLIC LAW 117–58—NOV. 15, 2021

extension of existing service, or a renewal of service that has
been discontinued for more than 180 days shall develop and submit
for review a comprehensive pre-revenue service safety validation
plan to the Secretary of Transportation not later than 60 days
before initiating such revenue service. Such plan shall include pertinent safety milestones and a minimum period of simulated revenue
service to ensure operational readiness and that all safety sensitive
personnel are properly trained and qualified.
‘‘(b) COMPLIANCE.—After submitting a plan pursuant to subsection (a), the railroad shall adopt and comply with such plan
and may not amend the plan without first notifying the Secretary
of the proposed amendment. Revenue service may not begin until
the railroad has completed the requirements of its plan, including
the minimum simulated service period required by the plan.
‘‘(c) RULEMAKING.—The Secretary shall promulgate regulations
to carry out this section, including—
‘‘(1) requiring that any identified safety deficiencies be
addressed and corrected before the initiation of revenue service;
and
‘‘(2) establishing appropriate deadlines to enable the Secretary to review and approve the pre-revenue service safety
validation plan to ensure that service is not unduly delayed.’’.
(b) CLERICAL AMENDMENT.—The analysis for chapter 201 of
title 49, United States Code, as amended by section 22415(b), is
further amended by adding at the end the following:
‘‘20170. Pre-revenue service safety validation plan.’’.
SEC. 22417. FEDERAL RAILROAD ADMINISTRATION ACCIDENT AND
INCIDENT INVESTIGATIONS.

Determination.

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Consultation.

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Section 20902 of title 49, United States Code, is amended—
(1) in subsection (b) by striking ‘‘subpena’’ and inserting
‘‘subpoena’’; and
(2) by adding at the end the following:
‘‘(d) GATHERING INFORMATION AND TECHNICAL EXPERTISE.—
‘‘(1) IN GENERAL.—The Secretary shall create a standard
process for investigators to use during accident and incident
investigations conducted under this section for determining
when it is appropriate and the appropriate method for—
‘‘(A) gathering information about an accident or
incident under investigation from railroad carriers, contractors or employees of railroad carriers or representatives
of employees of railroad carriers, and others, as determined
relevant by the Secretary; and
‘‘(B) consulting with railroad carriers, contractors or
employees of railroad carriers or representatives of
employees of railroad carriers, and others, as determined
relevant by the Secretary, for technical expertise on the
facts of the accident or incident under investigation.
‘‘(2) CONFIDENTIALITY.—In developing the process required
under paragraph (1), the Secretary shall factor in ways to
maintain the confidentiality of any entity identified under paragraph (1) if—
‘‘(A) such entity requests confidentiality;
‘‘(B) such entity was not involved in the accident or
incident; and

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PUBLIC LAW 117–58—NOV. 15, 2021

135 STAT. 749

‘‘(C) maintaining such entity’s confidentiality does not
adversely affect an investigation of the Federal Railroad
Administration.
‘‘(3) APPLICABILITY.—This subsection shall not apply to any
investigation carried out by the National Transportation Safety
Board.’’.
SEC. 22418. CIVIL PENALTY ENFORCEMENT AUTHORITY.

Section 21301(a) of title 49, United States Code, is amended
by striking paragraph (3) and inserting the following:
‘‘(3) The Secretary may find that a person has violated this
chapter or a regulation prescribed or order, special permit, or
approval issued under this chapter only after notice and an opportunity for a hearing. The Secretary shall impose a penalty under
this section by giving the person written notice of the amount
of the penalty. The Secretary may compromise the amount of a
civil penalty by settlement agreement without issuance of an order.
In determining the amount of a compromise, the Secretary shall
consider—
‘‘(A) the nature, circumstances, extent, and gravity of the
violation;
‘‘(B) with respect to the violator, the degree of culpability,
any history of violations, the ability to pay, and any effect
on the ability to continue to do business; and
‘‘(C) other matters that justice requires.
‘‘(4) The Attorney General may bring a civil action in an appropriate district court of the United States to collect a civil penalty
imposed or compromise under this section and any accrued interest
on the civil penalty. In the civil action, the amount and appropriateness of the civil penalty shall not be subject to review.’’.

Notices.
Hearings.

Determination.

SEC. 22419. ADVANCING SAFETY AND INNOVATIVE TECHNOLOGY.

(a) IN GENERAL.—Section 26103 of title 49, United States Code,
is amended to read as follows:
‘‘§ 26103. Safety regulations and evaluation
‘‘The Secretary—
‘‘(1) shall promulgate such safety regulations as may be
necessary for high-speed rail services;
‘‘(2) shall, before promulgating such regulations, consult
with developers of new high-speed rail technologies to develop
a method for evaluating safety performance; and
‘‘(3) may solicit feedback from relevant safety experts or
representatives of rail employees who perform work on similar
technology or who may be expected to perform work on new
technology, as appropriate.’’.
(b) CLERICAL AMENDMENT.—The analysis for chapter 261 of
title 49, United States Code, is amended by striking the item
relating to section 26103 and inserting the following:

Consultation.

49 USC 26101
prec.

‘‘26103. Safety regulations and evaluation.’’.

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SEC. 22420. PASSENGER RAIL VEHICLE OCCUPANT PROTECTION SYSTEMS.

49 USC 20133
note.

(a) STUDY.—The Administrator of the Federal Railroad
Administration shall conduct a study of the potential installation
and use in new passenger rail rolling stock of passenger rail vehicle
occupant protection systems that could materially improve passenger safety.

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135 STAT. 750
Cost estimates.

Summaries.

Web posting.
Standards.

PUBLIC LAW 117–58—NOV. 15, 2021

(b) CONSIDERATIONS.—In conducting the study under subsection
(a), the Administrator shall consider minimizing the risk of secondary collisions, including estimating the costs and benefits of
the new requirements, through the use of—
(1) occupant restraint systems;
(2) air bags;
(3) emergency window retention systems; and
(4) interior designs, including seats, baggage restraints,
and table configurations and attachments.
(c) REPORT.—Not later than 2 years after the date of enactment
of this Act, the Administrator shall—
(1) submit a report summarizing the findings of the study
conducted pursuant to subsection (a) to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of
Representatives; and
(2) publish such report on the website of the Federal Railroad Administration.
(d) RULEMAKING.—Following the completion of the study
required under subsection (a), and after considering the costs and
benefits of the proposed protection systems, the Administrator may
promulgate a rule that establishes standards for the use of occupant
protection systems in new passenger rail rolling stock.
SEC.

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Consultations.
Determinations.
49 USC 20101
note.

Time period.
Update.
49 USC 20901
note.

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22421.

FEDERAL RAILROAD
REQUIREMENTS.

ADMINISTRATION

REPORTING

(a) ELIMINATION OF DUPLICATIVE OR UNNECESSARY REPORTING
OR PAPERWORK REQUIREMENTS IN THE FEDERAL RAILROAD ADMINISTRATION.—
(1) REVIEW.—The Administrator of the Federal Railroad
Administration (referred to in this subsection as the ‘‘FRA
Administrator’’), in consultation with the Administrator of the
Federal Transit Administration, shall conduct a review of
existing reporting and paperwork requirements in the Federal
Railroad Administration to determine if any such requirements
are duplicative or unnecessary.
(2) ELIMINATION OF CERTAIN REQUIREMENTS.—If the FRA
Administrator determines, as a result of the review conducted
pursuant to paragraph (1), that any reporting or paperwork
requirement that is not statutorily required is duplicative or
unnecessary, the FRA Administrator, after consultation with
the Administrator of the Federal Transit Administration, shall
terminate such requirement.
(3) REPORT.—Not later than 1 year after the date of enactment of this Act, the FRA Administrator shall submit a report
to the Committee on Commerce, Science, and Transportation
of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives that—
(A) identifies all of the reporting or paperwork requirements that were terminated pursuant to paragraph (2);
and
(B) identifies any statutory reporting or paperwork
requirements that are duplicative or unnecessary and
should be repealed.
(b) SAFETY REPORTING.—Not later than 1 year after the date
of enactment of this Act, and annually thereafter for the following
4 years, the Secretary shall update Special Study Block 49 on

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PUBLIC LAW 117–58—NOV. 15, 2021

135 STAT. 751

Form FRA F 6180.54 (Rail Equipment Accident/Incident Report)
to collect, with respect to trains involved in accidents required
to be reported to the Federal Railroad Administration—
(1) the number of cars and length of the involved trains;
and
(2) the number of crew members who were aboard a controlling locomotive involved in an accident at the time of such
accident.

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SEC. 22422. NATIONAL ACADEMIES STUDY ON TRAINS LONGER THAN
7,500 FEET.

(a) STUDY.—The Secretary shall seek to enter into an agreement
with the National Academies to conduct a study on the operation
of freight trains that are longer than 7,500 feet.
(b) ELEMENTS.—The study conducted pursuant to subsection
(a) shall—
(1) examine any potential impacts to safety from the operation of freight trains that are longer than 7,500 feet and
the mitigation of any identified risks, including—
(A) any potential changes in the risk of loss of communications between the end of train device and the locomotive cab, including communications over differing terrains and conditions;
(B) any potential changes in the risk of loss of radio
communications between crew members when a crew
member alights from the train, including communications
over differing terrains and conditions;
(C) any potential changes in the risk of derailments,
including any risks associated with in-train compressive
forces and slack action or other safety risks in the operations of such trains in differing terrains and conditions;
(D) any potential impacts associated with the deployment of multiple distributed power units in the consists
of such trains; and
(E) any potential impacts on braking and locomotive
performance and track wear and tear;
(2) evaluate any impacts on scheduling and efficiency of
passenger operations and in the shipping of goods by freight
as a result of longer trains;
(3) determine whether additional engineer and conductor
training is required for safely operating such trains;
(4) assess the potential impact on the amount of time
and frequency of occurrence highway-rail grade crossings are
occupied; and
(5) identify any potential environmental impacts, including
greenhouse gas emissions, that have resulted from the operation of longer trains.
(c) COMPARISON.—When evaluating the potential impacts of
the operation of trains longer than 7,500 feet under subsection
(b), the impacts of such trains shall be compared to the impacts
of trains that are shorter than 7,500 feet, after taking into account
train frequency.
(d) REPORT.—Not later than 2 years after the date of enactment
of this Act, the Secretary shall submit a report to the Committee
on Commerce, Science, and Transportation of the Senate and the
Committee on Transportation and Infrastructure of the House of

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Contracts.

Examination.

Evaluation.

Determination.
Assessment.

PUBL058

135 STAT. 752

PUBLIC LAW 117–58—NOV. 15, 2021

Representatives that contains the results of the study conducted
by the National Academies under this section.
(e) FUNDING.—From the amounts appropriated for fiscal year
2021 pursuant to the authorization under section 20117(a) of title
49, United States Code, the Secretary shall expend not less than
$1,000,000 and not more than $2,000,000 to carry out the study
required under this section.
SEC. 22423. HIGH-SPEED TRAIN NOISE EMISSIONS.

(a) IN GENERAL.—Section 17 of the Noise Control Act of 1972
(42 U.S.C. 4916) is amended—
(1) by redesignating subsections (c) and (d) as subsections
(d) and (e), respectively; and
(2) by inserting after subsection (b) the following:
‘‘(c) HIGH-SPEED TRAIN NOISE EMISSIONS.—
‘‘(1) IN GENERAL.—The Secretary of Transportation, in consultation with the Administrator, may prescribe regulations
governing railroad-related noise emission standards for trains
operating on the general railroad system of transportation at
speeds exceeding 160 miles per hour, including noise related
to magnetic levitation systems and other new technologies not
traditionally associated with railroads.
‘‘(2) FACTORS IN RULEMAKING.—The regulations prescribed
pursuant to paragraph (1) may—
‘‘(A) consider variances in maximum pass-by noise with
respect to the speed of the equipment;
‘‘(B) account for current engineering best practices;
and
‘‘(C) encourage the use of noise mitigation techniques
to the extent reasonable if the benefits exceed the costs.
‘‘(3) CONVENTIONAL-SPEED TRAINS.—Railroad-related noise
regulations prescribed under subsection (a) shall continue to
govern noise emissions from the operation of trains, including
locomotives and rail cars, when operating at speeds not
exceeding 160 miles per hour.’’.
(b) TECHNICAL AMENDMENT.—The second sentence of section
17(b) of the Noise Control Act of 1972 (42 U.S.C. 4916(b)) is
amended by striking ‘‘the Safety Appliance Acts, the Interstate
Commerce Act, and the Department of Transportation Act’’ and
inserting ‘‘subtitle V of title 49, United States Code’’.

Consultation.
Regulations.

49 USC 20109
note.

SEC. 22424. CRITICAL INCIDENT STRESS PLANS.

The Secretary shall amend part 272 of title 49, Code of Federal
Regulations, to the extent necessary to ensure that—
(1) the coverage of a critical incident stress plan under
section 272.7 of such part includes employees of commuter
railroads and intercity passenger railroads (as such terms are
defined in section 272.9 of such part), including employees
who directly interact with passengers; and
(2) an assault against an employee requiring medical attention is included in the definition of critical incident under
section 272.9 of such part.

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SEC. 22425. REQUIREMENTS FOR RAILROAD FREIGHT CARS PLACED
INTO SERVICE IN THE UNITED STATES.

(a) IN GENERAL.—Subchapter II of chapter 201 of subtitle V
of title 49, United States Code (as amended by section 22416(a)),
is amended by adding at the end the following:

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PUBLIC LAW 117–58—NOV. 15, 2021

135 STAT. 753

‘‘§ 20171. Requirements for railroad freight cars placed into
service in the United States
‘‘(a) DEFINITIONS.—In this section:
‘‘(1) COMPONENT.—The term ‘component’ means a part or
subassembly of a railroad freight car.
‘‘(2) CONTROL.—The term ‘control’ means the power,
whether direct or indirect and whether or not exercised, through
the ownership of a majority or a dominant minority of the
total outstanding voting interest in an entity, representation
on the board of directors of an entity, proxy voting on the
board of directors of an entity, a special share in the entity,
a contractual arrangement with the entity, a formal or informal
arrangement to act in concert with an entity, or any other
means, to determine, direct, make decisions, or cause decisions
to be made for the entity.
‘‘(3) COST OF SENSITIVE TECHNOLOGY.—The term ‘cost of
sensitive technology’ means the aggregate cost of the sensitive
technology located on a railroad freight car.
‘‘(4) COUNTRY OF CONCERN.—The term ‘country of concern’
means a country that—
‘‘(A) is identified by the Department of Commerce as
a nonmarket economy country (as defined in section 771(18)
of the Tariff Act of 1930 (19 U.S.C. 1677(18))) as of the
date of enactment of the Passenger Rail Expansion and
Rail Safety Act of 2021;
‘‘(B) was identified by the United States Trade Representative in the most recent report required by section
182 of the Trade Act of 1974 (19 U.S.C. 2242) as a foreign
country included on the priority watch list (as defined
in subsection (g)(3) of such section); and
‘‘(C) is subject to monitoring by the Trade Representative under section 306 of the Trade Act of 1974 (19 U.S.C.
2416).
‘‘(5) NET COST.—The term ‘net cost’ has the meaning given
such term in chapter 4 of the USMCA or any subsequent
free trade agreement between the United States, Mexico, and
Canada.
‘‘(6) QUALIFIED FACILITY.—The term ‘qualified facility’
means a facility that is not owned or under the control of
a state-owned enterprise.
‘‘(7) QUALIFIED MANUFACTURER.—The term ‘qualified manufacturer’ means a railroad freight car manufacturer that is
not owned or under the control of a state-owned enterprise.
‘‘(8) RAILROAD FREIGHT CAR.—The term ‘railroad freight
car’ means a car designed to carry freight or railroad personnel
by rail, including—
‘‘(A) a box car;
‘‘(B) a refrigerator car;
‘‘(C) a ventilator car;
‘‘(D) an intermodal well car;
‘‘(E) a gondola car;
‘‘(F) a hopper car;
‘‘(G) an auto rack car;
‘‘(H) a flat car;
‘‘(I) a special car;
‘‘(J) a caboose car;
‘‘(K) a tank car; and

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49 USC 20171.

PUBL058

135 STAT. 754

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Effective date.

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PUBLIC LAW 117–58—NOV. 15, 2021
‘‘(L) a yard car.
‘‘(9) SENSITIVE TECHNOLOGY.—The term ‘sensitive technology’ means any device embedded with electronics, software,
sensors, or other connectivity, that enables the device to connect
to, collect data from, or exchange data with another device,
including—
‘‘(A) onboard telematics;
‘‘(B) remote monitoring software;
‘‘(C) firmware;
‘‘(D) analytics;
‘‘(E) global positioning system satellite and cellular
location tracking systems;
‘‘(F) event status sensors;
‘‘(G) predictive component condition and performance
monitoring sensors; and
‘‘(H) similar sensitive technologies embedded into
freight railcar components and sub-assemblies.
‘‘(10) STATE-OWNED ENTERPRISE.—The term ‘state-owned
enterprise’ means—
‘‘(A) an entity that is owned by, or under the control
of, a national, provincial, or local government of a country
of concern, or an agency of such government; or
‘‘(B) an individual acting under the direction or influence of a government or agency described in subparagraph
(A).
‘‘(11) SUBSTANTIALLY TRANSFORMED.—The term ‘substantially transformed’ means a component of a railroad freight
car that undergoes an applicable change in tariff classification
as a result of the manufacturing process, as described in chapter
4 and related annexes of the USMCA or any subsequent free
trade agreement between the United States, Mexico, and
Canada.
‘‘(12) USMCA.—The term ‘USMCA’ has the meaning given
the term in section 3 of the United States-Mexico-Canada
Agreement Implementation Act (19 U.S.C. 4502).
‘‘(b) REQUIREMENTS FOR RAILROAD FREIGHT CARS.—
‘‘(1) LIMITATION ON RAILROAD FREIGHT CARS.—A railroad
freight car wholly manufactured on or after the date that
is 1 year after the date of issuance of the regulations required
under subsection (c)(1) may only operate on the United States
general railroad system of transportation if—
‘‘(A) the railroad freight car is manufactured, assembled, and substantially transformed, as applicable, by a
qualified manufacturer in a qualified facility;
‘‘(B) none of the sensitive technology located on the
railroad freight car, including components necessary to the
functionality of the sensitive technology, originates from
a country of concern or is sourced from a state-owned
enterprise; and
‘‘(C) none of the content of the railroad freight car,
excluding sensitive technology, originates from a country
of concern or is sourced from a state-owned enterprise
that has been determined by a recognized court or administrative agency of competent jurisdiction and legal authority
to have violated or infringed valid United States intellectual property rights of another including such a finding

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PUBLIC LAW 117–58—NOV. 15, 2021

135 STAT. 755

by a Federal district court under title 35 or the U.S. International Trade Commission under section 337 of the Tariff
Act of 1930 (19 U.S.C. 1337).
‘‘(2) LIMITATION ON RAILROAD FREIGHT CAR CONTENT.—
‘‘(A) PERCENTAGE LIMITATION.—
‘‘(i) INITIAL LIMITATION.—Not later than 1 year
after the date of issuance of the regulations required
under subsection (c)(1), a railroad freight car described
in paragraph (1) may operate on the United States
general railroad system of transportation only if not
more than 20 percent of the content of the railroad
freight car, calculated by the net cost of all components
of the car and excluding the cost of sensitive technology, originates from a country of concern or is
sourced from a state-owned enterprise.
‘‘(ii) SUBSEQUENT LIMITATION.—Effective beginning
on the date that is 3 years after the date of issuance
of the regulations required under subsection (c)(1), a
railroad freight car described in paragraph (1) may
operate on the United States general railroad system
of transportation only if not more than 15 percent
of the content of the railroad freight car, calculated
by the net cost of all components of the car and
excluding the cost of sensitive technology, originates
from a country of concern or is sourced from a stateowned enterprise.
‘‘(B) CONFLICT.—The percentages specified in clauses
(i) and (ii) of subparagraph (A), as applicable, shall apply
notwithstanding any apparent conflict with provisions of
chapter 4 of the USMCA.
‘‘(c) REGULATIONS AND PENALTIES.—
‘‘(1) REGULATIONS REQUIRED.—Not later than 2 years after
the date of enactment of the Passenger Rail Expansion and
Rail Safety Act of 2021, the Secretary of Transportation shall
issue such regulations as are necessary to carry out this section,
including for the monitoring and sensitive technology requirements of this section.
‘‘(2) CERTIFICATION REQUIRED.—To be eligible to provide
a railroad freight car for operation on the United States general
railroad system of transportation, the manufacturer of such
car shall annually certify to the Secretary of Transportation
that any railroad freight cars to be so provided meet the
requirements under this section.
‘‘(3) COMPLIANCE.—
‘‘(A) VALID CERTIFICATION REQUIRED.—At the time a
railroad freight car begins operation on the United States
general railroad system of transportation, the manufacturer
of such railroad freight car shall have valid certification
described in paragraph (2) for the year in which such
car begins operation.
‘‘(B) REGISTRATION OF NONCOMPLIANT CARS PROHIBITED.—A railroad freight car manufacturer may not register, or cause to be registered, a railroad freight car that
does not comply with the requirements under this section
in the Association of American Railroad’s Umler system.
‘‘(4) CIVIL PENALTIES.—

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Deadline.

Effective date.

Applicability.

Deadline.

PUBL058

135 STAT. 756

Determination.

49 USC 20101
prec.
49 USC 20103
note.

Public
information.
Web posting.
Deadline.
49 USC 20140
note.

PUBLIC LAW 117–58—NOV. 15, 2021

‘‘(A) IN GENERAL.—Pursuant to section 21301, the Secretary of Transportation may assess a civil penalty of not
less than $100,000, but not more than $250,000, for each
violation of this section for each railroad freight car.
‘‘(B) PROHIBITION ON OPERATION FOR VIOLATIONS.—The
Secretary of Transportation may prohibit a railroad freight
car manufacturer with respect to which the Secretary has
assessed more than 3 violations under subparagraph (A)
from providing additional railroad freight cars for operation
on the United States general railroad system of transportation until the Secretary determines—
‘‘(i) such manufacturer is in compliance with this
section; and
‘‘(ii) all civil penalties assessed to such manufacturer pursuant to subparagraph (A) have been paid
in full.’’.
(b) CLERICAL AMENDMENT.—The analysis for chapter 201 of
subtitle V of title 49, United States Code (as amended by section
22416(b)), is amended by adding at the end the following:
‘‘20171. Requirements for railroad freight cars placed into service in the United
States.’’.
SEC. 22426. RAILROAD POINT OF CONTACT FOR PUBLIC SAFETY
ISSUES.

All railroads shall—
(1) provide railroad contact information for public safety
issues, including a telephone number, to the relevant Federal,
State, and local oversight agencies; and
(2) post the information described in paragraph (1) on
a publicly accessible website.
SEC. 22427. CONTROLLED SUBSTANCES TESTING FOR MECHANICAL
EMPLOYEES.

Not later than 180 days after the date of enactment of this
Act, the Secretary shall amend the regulations under part 219
of title 49, Code of Federal Regulations, to require all mechanical
employees of railroads to be subject to all of the breath or body
fluid testing set forth in subpart C, D, and E of such part, including
random testing, reasonable suspicion testing, reasonable cause
testing, pre-employment testing, return-to-duty testing, and followup testing.

TITLE III—MOTOR CARRIER SAFETY

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Time periods.

SEC. 23001. AUTHORIZATION OF APPROPRIATIONS.

(a) ADMINISTRATIVE EXPENSES.—Section 31110 of title 49,
United States Code, is amended by striking subsection (a) and
inserting the following:
‘‘(a) ADMINISTRATIVE EXPENSES.—There are authorized to be
appropriated from the Highway Trust Fund (other than the Mass
Transit Account) for the Secretary of Transportation to pay administrative expenses of the Federal Motor Carrier Safety Administration—
‘‘(1) $360,000,000 for fiscal year 2022;
‘‘(2) $367,500,000 for fiscal year 2023;
‘‘(3) $375,000,000 for fiscal year 2024;
‘‘(4) $382,500,000 for fiscal year 2025; and

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135 STAT. 757

‘‘(5) $390,000,000 for fiscal year 2026.’’.
(b) FINANCIAL ASSISTANCE PROGRAMS.—Section 31104 of title
49, United States Code, is amended—
(1) by striking subsection (a) and inserting the following:
‘‘(a) FINANCIAL ASSISTANCE PROGRAMS.—There are authorized
to be appropriated from the Highway Trust Fund (other than the
Mass Transit Account)—
‘‘(1) subject to subsection (c), to carry out the motor carrier
safety assistance program under section 31102 (other than the
high priority program under subsection (l) of that section)—
‘‘(A) $390,500,000 for fiscal year 2022;
‘‘(B) $398,500,000 for fiscal year 2023;
‘‘(C) $406,500,000 for fiscal year 2024;
‘‘(D) $414,500,000 for fiscal year 2025; and
‘‘(E) $422,500,000 for fiscal year 2026;
‘‘(2) subject to subsection (c), to carry out the high priority
program under section 31102(l) (other than the commercial
motor vehicle enforcement training and support grant program
under paragraph (5) of that section)—
‘‘(A) $57,600,000 for fiscal year 2022;
‘‘(B) $58,800,000 for fiscal year 2023;
‘‘(C) $60,000,000 for fiscal year 2024;
‘‘(D) $61,200,000 for fiscal year 2025; and
‘‘(E) $62,400,000 for fiscal year 2026;
‘‘(3) to carry out the commercial motor vehicle enforcement
training and support grant program under section 31102(l)(5),
$5,000,000 for each of fiscal years 2022 through 2026;
‘‘(4) to carry out the commercial motor vehicle operators
grant program under section 31103—
‘‘(A) $1,100,000 for fiscal year 2022;
‘‘(B) $1,200,000 for fiscal year 2023;
‘‘(C) $1,300,000 for fiscal year 2024;
‘‘(D) $1,400,000 for fiscal year 2025; and
‘‘(E) $1,500,000 for fiscal year 2026; and
‘‘(5) subject to subsection (c), to carry out the financial
assistance program for commercial driver’s license implementation under section 31313—
‘‘(A) $41,800,000 for fiscal year 2022;
‘‘(B) $42,650,000 for fiscal year 2023;
‘‘(C) $43,500,000 for fiscal year 2024;
‘‘(D) $44,350,000 for fiscal year 2025; and
‘‘(E) $45,200,000 for fiscal year 2026.’’;
(2) in subsection (b)(2)—
(A) in the third sentence, by striking ‘‘The Secretary’’
and inserting the following:
‘‘(C) IN-KIND CONTRIBUTIONS.—The Secretary’’;
(B) in the second sentence, by striking ‘‘The Secretary’’
and inserting the following:
‘‘(B) LIMITATION.—The Secretary’’;
(C) in the first sentence—
(i) by inserting ‘‘(except subsection (l)(5) of that
section)’’ after ‘‘section 31102’’; and
(ii) by striking ‘‘The Secretary’’ and inserting the
following:
‘‘(A) REIMBURSEMENT PERCENTAGE.—
‘‘(i) IN GENERAL.—The Secretary’’; and

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PUBLIC LAW 117–58—NOV. 15, 2021

(D) in subparagraph (A) (as so designated), by adding
at the end the following:
‘‘(ii) COMMERCIAL MOTOR VEHICLE ENFORCEMENT
TRAINING AND SUPPORT GRANT PROGRAM.—The Secretary shall reimburse a recipient, in accordance with
a financial assistance agreement made under section
31102(l)(5), an amount that is equal to 100 percent
of the costs incurred by the recipient in a fiscal year
in developing and implementing a training program
under that section.’’;
(3) in subsection (c)—
(A) in the subsection heading, by striking ‘‘PARTNER
TRAINING AND’’;
(B) in the first sentence—
(i) by striking ‘‘(4)’’ and inserting ‘‘(5)’’; and
(ii) by striking ‘‘partner training and’’; and
(C) by striking the second sentence; and
(4) in subsection (f)—
(A) in paragraph (1), by striking ‘‘for the next fiscal
year’’ and inserting ‘‘for the next 2 fiscal years’’;
(B) in paragraph (4), by striking ‘‘for the next fiscal
year’’ and inserting ‘‘for the next 2 fiscal years’’;
(C) by redesignating paragraphs (4) and (5) as paragraphs (5) and (6), respectively; and
(D) by inserting after paragraph (3) the following:
‘‘(4) For grants made for carrying out section 31102(l)(5),
for the fiscal year in which the Secretary approves the financial
assistance agreement and for the next 4 fiscal years.’’; and
(5) in subsection (i)—
(A) by striking ‘‘Amounts not expended’’ and inserting
the following:
‘‘(1) IN GENERAL.—Except as provided in paragraph (2),
amounts not expended’’; and
(B) by adding at the end the following:
‘‘(2) MOTOR CARRIER SAFETY ASSISTANCE PROGRAM.—
Amounts made available for the motor carrier safety assistance
program established under section 31102 (other than amounts
made available to carry out section 31102(l)) that are not
expended by a recipient during the period of availability shall
be released back to the Secretary for reallocation under that
program.’’.
(c) ENFORCEMENT DATA UPDATES.—Section 31102(h)(2)(A) of
title 49, United States Code, is amended by striking ‘‘2004 and
2005’’ and inserting ‘‘2014 and 2015’’.
SEC. 23002. MOTOR CARRIER SAFETY ADVISORY COMMITTEE.

Section 4144 of the SAFETEA–LU (49 U.S.C. 31100 note; Public
Law 109–59) is amended—
(1) in subsection (b)(1), in the second sentence, by inserting
‘‘, including small business motor carriers’’ after ‘‘industry’’;
and
(2) in subsection (d), by striking ‘‘September 30, 2013’’
and inserting ‘‘September 30, 2025’’.
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SEC. 23003. COMBATING HUMAN TRAFFICKING.

Section 31102(l) of title 49, United States Code, is amended—
(1) in paragraph (2)—

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135 STAT. 759

(A) in subparagraph (G)(ii), by striking ‘‘and’’ at the
end;
(B) by redesignating subparagraph (H) as subparagraph (J); and
(C) by inserting after subparagraph (G) the following:
‘‘(H) support, through the use of funds otherwise available for such purposes—
‘‘(i) the recognition, prevention, and reporting of
human trafficking, including the trafficking of human
beings—
‘‘(I) in a commercial motor vehicle; or
‘‘(II) by any occupant, including the operator,
of a commercial motor vehicle;
‘‘(ii) the detection of criminal activity or any other
violation of law relating to human trafficking; and
‘‘(iii) enforcement of laws relating to human trafficking;
‘‘(I) otherwise support the recognition, prevention, and
reporting of human trafficking; and’’; and
(2) in paragraph (3)(D)—
(A) in clause (ii), by striking ‘‘and’’ at the end;
(B) in clause (iii), by striking the period at the end
and inserting a semicolon; and
(C) by adding at the end the following:
‘‘(iv) for the detection of, and enforcement actions
taken as a result of, criminal activity (including the
trafficking of human beings)—
‘‘(I) in a commercial motor vehicle; or
‘‘(II) by any occupant, including the operator,
of a commercial motor vehicle; and
‘‘(v) in addition to any funds otherwise made available for the recognition, prevention, and reporting of
human trafficking, to support the recognition, prevention, and reporting of human trafficking.’’.

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SEC. 23004. IMMOBILIZATION GRANT PROGRAM.

Section 31102(l) of title 49, United States Code, is amended
by adding at the end the following:
‘‘(4) IMMOBILIZATION GRANT PROGRAM.—
‘‘(A) DEFINITION OF PASSENGER-CARRYING COMMERCIAL
MOTOR VEHICLE.—In this paragraph, the term ‘passengercarrying commercial motor vehicle’ has the meaning given
the term ‘commercial motor vehicle’ in section 31301.
‘‘(B) ESTABLISHMENT.—The Secretary shall establish
an immobilization grant program under which the Secretary shall provide to States discretionary grants for the
immobilization or impoundment of passenger-carrying
commercial motor vehicles that—
‘‘(i) are determined to be unsafe; or
‘‘(ii) fail inspection.
‘‘(C) LIST OF CRITERIA FOR IMMOBILIZATION.—The Secretary, in consultation with State commercial motor vehicle
entities, shall develop a list of commercial motor vehicle
safety violations and defects that the Secretary determines
warrant the immediate immobilization of a passenger-carrying commercial motor vehicle.

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Consultation.
Determination.

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‘‘(D) ELIGIBILITY.—A State shall be eligible to receive
a grant under this paragraph only if the State has the
authority to require the immobilization or impoundment
of a passenger-carrying commercial motor vehicle—
‘‘(i) with respect to which a motor vehicle safety
violation included in the list developed under subparagraph (C) is determined to exist; or
‘‘(ii) that is determined to have a defect included
in that list.
‘‘(E) USE OF FUNDS.—A grant provided under this paragraph may be used for—
‘‘(i) the immobilization or impoundment of passenger-carrying commercial motor vehicles described
in subparagraph (D);
‘‘(ii) safety inspections of those passenger-carrying
commercial motor vehicles; and
‘‘(iii) any other activity relating to an activity
described in clause (i) or (ii), as determined by the
Secretary.
‘‘(F) SECRETARY AUTHORIZATION.—The Secretary may
provide to a State amounts for the costs associated with
carrying out an immobilization program using funds made
available under section 31104(a)(2).’’.

SEC. 23005. COMMERCIAL MOTOR VEHICLE ENFORCEMENT TRAINING
AND SUPPORT.

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Section 31102(l) of title 49, United States Code (as amended
by section 23004), is amended—
(1) in paragraph (1), by striking ‘‘(2) and (3)’’ and inserting
‘‘(2) through (5)’’; and
(2) by adding at the end the following:
‘‘(5) COMMERCIAL MOTOR VEHICLE ENFORCEMENT TRAINING
AND SUPPORT GRANT PROGRAM.—
‘‘(A) IN GENERAL.—The Secretary shall administer a
commercial motor vehicle enforcement training and support
grant program funded under section 31104(a)(3), under
which the Secretary shall make discretionary grants to
eligible entities described in subparagraph (C) for the purposes described in subparagraph (B).
‘‘(B) PURPOSES.—The purposes of the grant program
under subparagraph (A) are—
‘‘(i) to train non-Federal employees who conduct
commercial motor vehicle enforcement activities; and
‘‘(ii) to develop related training materials.
‘‘(C) ELIGIBLE ENTITIES.—An entity eligible for a discretionary grant under the program described in subparagraph
(A) is a nonprofit organization that has—
‘‘(i) expertise in conducting a training program
for non-Federal employees; and
‘‘(ii) the ability to reach and involve in a training
program a target population of commercial motor
vehicle safety enforcement employees.’’.
SEC. 23006. STUDY OF COMMERCIAL MOTOR VEHICLE CRASH CAUSATION.

(a) DEFINITIONS.—In this section:

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(1) COMMERCIAL MOTOR VEHICLE.—The term ‘‘commercial
motor vehicle’’ has the meaning given the term in section
31132 of title 49, United States Code.
(2) STUDY.—The term ‘‘study’’ means the study carried
out under subsection (b).
(b) STUDY.—The Secretary shall carry out a comprehensive
study—
(1) to determine the causes of, and contributing factors
to, crashes that involve a commercial motor vehicle; and
(2) to identify data requirements, data collection procedures, reports, and any other measures that can be used to
improve the ability of States and the Secretary—
(A) to evaluate future crashes involving commercial
motor vehicles;
(B) to monitor crash trends and identify causes and
contributing factors; and
(C) to develop effective safety improvement policies
and programs.
(c) DESIGN.—The study shall be designed to yield information
that can be used to help policy makers, regulators, and law enforcement identify activities and other measures that are likely to lead
to reductions in—
(1) the frequency of crashes involving a commercial motor
vehicle;
(2) the severity of crashes involving a commercial motor
vehicle; and
(3) fatalities and injuries.
(d) CONSULTATION.—In designing and carrying out the study,
the Secretary may consult with individuals or entities with expertise
on—
(1) crash causation and prevention;
(2) commercial motor vehicles, commercial drivers, and
motor carriers, including passenger carriers;
(3) highways and noncommercial motor vehicles and
drivers;
(4) Federal and State highway and motor carrier safety
programs;
(5) research methods and statistical analysis; and
(6) other relevant topics, as determined by the Secretary.
(e) PUBLIC COMMENT.—The Secretary shall make available for
public comment information about the objectives, methodology,
implementation, findings, and other aspects of the study.
(f) REPORTS.—As soon as practicable after the date on which
the study is completed, the Secretary shall submit to Congress
a report describing the results of the study and any legislative
recommendations to facilitate reductions in the matters described
in paragraphs (1) through (3) of subsection (c).

Determination.
Data.

Evaluation.

Recommendations.

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SEC. 23007. PROMOTING WOMEN IN THE TRUCKING WORKFORCE.

(a) FINDINGS.—Congress finds that—
(1) women make up 47 percent of the workforce of the
United States;
(2) women are significantly underrepresented in the
trucking industry, holding only 24 percent of all transportation
and warehousing jobs and representing only—
(A) 6.6 percent of truck drivers;

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(B) 12.5 percent of all workers in truck transportation;
and

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Deadline.

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(C) 8 percent of freight firm owners;
(3) given the total number of women truck drivers, women
are underrepresented in the truck-driving workforce; and
(4) women truck drivers have been shown to be 20 percent
less likely than male counterparts to be involved in a crash.
(b) SENSE OF CONGRESS REGARDING WOMEN IN TRUCKING.—
It is the sense of Congress that the trucking industry should explore
every opportunity to encourage and support the pursuit and retention of careers in trucking by women, including through programs
that support recruitment, driver training, and mentorship.
(c) DEFINITIONS.—In this section:
(1) ADMINISTRATOR.—The term ‘‘Administrator’’ means the
Administrator of the Federal Motor Carrier Safety Administration.
(2) BOARD.—The term ‘‘Board’’ means the Women of
Trucking Advisory Board established under subsection (d)(1).
(3) LARGE TRUCKING COMPANY.—The term ‘‘large trucking
company’’ means a motor carrier (as defined in section 13102
of title 49, United States Code) with more than 100 power
units.
(4) MID-SIZED TRUCKING COMPANY.—The term ‘‘mid-sized
trucking company’’ means a motor carrier (as defined in section
13102 of title 49, United States Code) with not fewer than
11 power units and not more than 100 power units.
(5) POWER UNIT.—The term ‘‘power unit’’ means a selfpropelled vehicle under the jurisdiction of the Federal Motor
Carrier Safety Administration.
(6) SMALL TRUCKING COMPANY.—The term ‘‘small trucking
company’’ means a motor carrier (as defined in section 13102
of title 49, United States Code) with not fewer than 1 power
unit and not more than 10 power units.
(d) WOMEN OF TRUCKING ADVISORY BOARD.—
(1) ESTABLISHMENT.—To encourage women to enter the
field of trucking, the Administrator shall establish and facilitate
an advisory board, to be known as the ‘‘Women of Trucking
Advisory Board’’, to review and report on policies that—
(A) provide education, training, mentorship, or outreach to women in the trucking industry; and
(B) recruit, retain, or advance women in the trucking
industry.
(2) MEMBERSHIP.—
(A) IN GENERAL.—The Board shall be composed of not
fewer than 8 members whose backgrounds, experience, and
certifications allow those members to contribute balanced
points of view and diverse ideas regarding the matters
described in paragraph (3)(B).
(B) APPOINTMENT.—
(i) IN GENERAL.—Not later than 270 days after
the date of enactment of this Act, the Administrator
shall appoint the members of the Board, of whom—
(I) not fewer than 1 shall be a representative
of large trucking companies;
(II) not fewer than 1 shall be a representative
of mid-sized trucking companies;

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(III) not fewer than 1 shall be a representative
of small trucking companies;
(IV) not fewer than 1 shall be a representative
of nonprofit organizations in the trucking industry;
(V) not fewer than 1 shall be a representative
of trucking business associations;
(VI) not fewer than 1 shall be a representative
of independent owner-operators;
(VII) not fewer than 1 shall be a woman who
is a professional truck driver; and
(VIII) not fewer than 1 shall be a representative of an institution of higher education or
trucking trade school.
(ii) DIVERSITY.—A member of the Board appointed
under any of subclauses (I) through (VIII) of clause
(i) may not be appointed under any other subclause
of that clause.
(C) TERMS.—Each member shall be appointed for the
life of the Board.
(D) COMPENSATION.—A member of the Board shall
serve without compensation.
(3) DUTIES.—
(A) IN GENERAL.—The Board shall identify—
(i) barriers and industry trends that directly or
indirectly discourage women from pursuing and
retaining careers in trucking, including—
(I) any particular barriers and trends that
impact women minority groups;
(II) any particular barriers and trends that
impact women who live in rural, suburban, or
urban areas; and
(III) any safety risks unique to women in the
trucking industry;
(ii) ways in which the functions of trucking companies, nonprofit organizations, training and education
providers, and trucking associations may be coordinated to facilitate support for women pursuing careers
in trucking;
(iii) opportunities to expand existing opportunities
for women in the trucking industry; and
(iv) opportunities to enhance trucking training,
mentorship, education, and advancement and outreach
programs that would increase the number of women
in the trucking industry.
(B) REPORT.—Not later than 2 years after the date
of enactment of this Act, the Board shall submit to the
Administrator a report containing the findings and recommendations of the Board, including recommendations
that companies, associations, institutions, other organizations, or the Administrator may adopt—
(i) to address any industry trends identified under
subparagraph (A)(i);
(ii) to coordinate the functions of trucking companies, nonprofit organizations, and trucking associations
in a manner that facilitates support for women pursuing careers in trucking;

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(iii)(I) to take advantage of any opportunities
identified under subparagraph (A)(iii); and
(II) to create new opportunities to expand existing
scholarship opportunities for women in the trucking
industry; and
(iv) to enhance trucking training, mentorship, education, and outreach programs that are exclusive to
women.
(4) REPORT TO CONGRESS.—
(A) IN GENERAL.—Not later than 3 years after the
date of enactment of this Act, the Administrator shall
submit to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of Representatives a report describing—
(i) the findings and recommendations of the Board
under paragraph (3)(B); and
(ii) any actions taken by the Administrator to adopt
the recommendations of the Board (or an explanation
of the reasons for not adopting the recommendations).
(B) PUBLIC AVAILABILITY.—The Administrator shall
make the report under subparagraph (A) publicly available—
(i) on the website of the Federal Motor Carrier
Safety Administration; and
(ii) in appropriate offices of the Federal Motor
Carrier Safety Administration.
(5) TERMINATION.—The Board shall terminate on submission of the report to Congress under paragraph (4).

Web posting.

49 USC 31142
note.

SEC. 23008. STATE INSPECTION OF PASSENGER-CARRYING COMMERCIAL MOTOR VEHICLES.

Deadline.

(a) IN GENERAL.—Not later than 1 year after the date of enactment of this Act, the Secretary shall solicit additional comment
on the advance notice of proposed rulemaking entitled ‘‘State Inspection Programs for Passenger-Carrier Vehicles’’ (81 Fed. Reg. 24769
(April 27, 2016)).
(b) FINAL RULE.—
(1) IN GENERAL.—After reviewing all comments received
in response to the solicitation under subsection (a), if the Secretary determines that data and information exist to support
moving forward with a final rulemaking action, the Secretary
shall issue a final rule relating to the advance notice of proposed
rulemaking described in that subsection.
(2) CONSIDERATIONS.—In determining whether to issue a
final rule under paragraph (1), the Secretary shall consider
the impact of continuing to allow self-inspection as a means
to satisfy periodic inspection requirements on the safety of
passenger carrier operations.

Determination.

SEC. 23009. TRUCK LEASING TASK FORCE.

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Deadline.
Consultation.

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(a) ESTABLISHMENT.—Not later than 180 days after the date
of enactment of this Act, the Secretary, in consultation with the
Secretary of Labor, shall establish a task force, to be known as
the ‘‘Truck Leasing Task Force’’ (referred to in this section as
the ‘‘Task Force’’).
(b) MEMBERSHIP.—

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(1) IN GENERAL.—The Secretary shall select not more than
10 individuals to serve as members of the Task Force, including
at least 1 representative from each of the following:
(A) Labor organizations.
(B) Motor carriers that provide lease-purchase agreements to owner-operators.
(C) Consumer protection groups.
(D) Members of the legal profession who specialize
in consumer finance issues, including experience with leasepurchase agreements.
(E) Owner-operators in the trucking industry with
experience regarding lease-purchase agreements.
(F) Businesses that provide or are subject to leasepurchase agreements in the trucking industry.
(2) COMPENSATION.—A member of the Task Force shall
serve without compensation.
(c) DUTIES.—The Task Force shall examine, at a minimum—
(1) common truck leasing arrangements available to
commercial motor vehicle drivers, including lease-purchase
agreements;
(2) the terms of the leasing agreements described in paragraph (1);
(3)(A) the existence of inequitable leasing agreements and
terms in the motor carrier industry;
(B) whether any such inequitable terms and agreements
affect the frequency of maintenance performed on vehicles subject to those agreements; and
(C) whether any such inequitable terms and agreements
affect whether a vehicle is kept in a general state of good
repair;
(4) specific agreements available to drayage drivers at ports
relating to the Clean Truck Program or any similar program
to decrease emissions from port operations;
(5) the impact of truck leasing agreements on the net
compensation of commercial motor vehicle drivers, including
port drayage drivers;
(6) whether truck leasing agreements properly incentivize
the safe operation of vehicles, including driver compliance with
the hours of service regulations and laws governing speed and
safety generally;
(7) resources to assist commercial motor vehicle drivers
in assessing the financial impacts of leasing agreements; and
(8)(A) the opportunity that equitable leasing agreements
provide for drivers to start or expand trucking companies; and
(B) the history of motor carriers starting from single owneroperators.
(d) REPORT.—On completion of the examination under subsection (c), the Task Force shall submit to the Secretary, the Secretary of Labor, and the appropriate committees of Congress a
report containing—
(1) the findings of the Task Force with respect to the
matters described in subsection (c);
(2) best practices relating to—
(A) assisting a commercial motor vehicle driver in
assessing the impacts of leasing agreements prior to
entering into such an agreement;

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135 STAT. 766

(B) assisting a commercial motor vehicle driver who
has entered into a predatory lease agreement; and
(C) preventing coercion and impacts on safety as
described in section 31136 of title 49, United States Code;
and
(3) recommendations relating to changes to laws (including
regulations), as applicable, at the Federal, State, or local level
to promote fair leasing agreements under which a commercial
motor vehicle driver, including a short haul driver, who is
a party to such an agreement is able to earn a rate commensurate with other commercial motor vehicle drivers performing
similar duties.
(e) TERMINATION.—Not later than 30 days after the date on
which the report under subsection (d) is submitted, the Task Force
shall terminate.

Recommendations.

49 USC 31136
note.

SEC. 23010. AUTOMATIC EMERGENCY BRAKING.

Deadline.

Review.

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Consultation.

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(a) DEFINITIONS.—In this section:
(1) AUTOMATIC EMERGENCY BRAKING SYSTEM.—The term
‘‘automatic emergency braking system’’ means a system on
a commercial motor vehicle that, based on a predefined distance
and closing rate with respect to an obstacle in the path of
the commercial motor vehicle—
(A) alerts the driver of the obstacle; and
(B) if necessary to avoid or mitigate a collision with
the obstacle, automatically applies the brakes of the
commercial motor vehicle.
(2) COMMERCIAL MOTOR VEHICLE.—The term ‘‘commercial
motor vehicle’’ has the meaning given the term in section
31101 of title 49, United States Code.
(b) FEDERAL MOTOR VEHICLE SAFETY STANDARD.—
(1) IN GENERAL.—Not later than 2 years after the date
of enactment of this Act, the Secretary shall—
(A) prescribe a motor vehicle safety standard under
section 30111 of title 49, United States Code, that requires
any commercial motor vehicle subject to section 571.136
of title 49, Code of Federal Regulations (relating to Federal
Motor Vehicle Safety Standard Number 136) (or a successor
regulation) that is manufactured after the effective date
of the standard prescribed under this subparagraph to
be equipped with an automatic emergency braking system;
and
(B) as part of the standard under subparagraph (A),
establish performance requirements for automatic emergency braking systems.
(2) CONSIDERATIONS.—Prior to prescribing the motor
vehicle safety standard under paragraph (1)(A), the Secretary
shall—
(A) conduct a review of automatic emergency braking
systems in use in applicable commercial motor vehicles
and address any identified deficiencies with respect to those
automatic emergency braking systems in the rulemaking
proceeding to prescribe the standard, if practicable; and
(B) consult with representatives of commercial motor
vehicle drivers regarding the experiences of drivers with
automatic emergency braking systems in use in applicable
commercial motor vehicles, including any malfunctions or

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135 STAT. 767

unwarranted activations of those automatic emergency
braking systems.
(c) FEDERAL MOTOR CARRIER SAFETY REGULATION.—Not later
than 1 year after the date of enactment of this Act, the Secretary
shall prescribe a regulation under section 31136 of title 49, United
States Code, that requires that an automatic emergency braking
system installed in a commercial motor vehicle manufactured after
the effective date of the standard prescribed under subsection
(b)(1)(A) that is in operation on or after that date and is subject
to section 571.136 of title 49, Code of Federal Regulations (relating
to Federal Motor Vehicle Safety Standard Number 136) (or a successor regulation) be used at any time during which the commercial
motor vehicle is in operation.
(d) REPORT ON AUTOMATIC EMERGENCY BRAKING IN OTHER
COMMERCIAL MOTOR VEHICLES.—
(1) STUDY.—Not later than 2 years after the date of enactment of this Act, the Secretary shall complete a study on
equipping a variety of commercial motor vehicles not subject
to section 571.136 of title 49, Code of Federal Regulations
(relating to Federal Motor Vehicle Safety Standard Number
136) (or a successor regulation) as of that date of enactment
with automatic emergency braking systems to avoid or mitigate
a collision with an obstacle in the path of the commercial
motor vehicle, including an assessment of the feasibility, benefits, and costs associated with installing automatic emergency
braking systems on a variety of newly manufactured commercial motor vehicles with a gross vehicle weight rating greater
than 10,001 pounds.
(2) INDEPENDENT RESEARCH.—If the Secretary enters into
a contract with a third party to perform research relating
to the study required under paragraph (1), the Secretary shall
ensure that the third party does not have any financial or
contractual ties to, or relationships with—
(A) a motor carrier that transports passengers or property for compensation;
(B) the motor carrier industry; or
(C) an entity producing or supplying automatic emergency braking systems.
(3) PUBLIC COMMENT.—Not later than 90 days after the
date on which the study under paragraph (1) is completed,
the Secretary shall—
(A) issue a notice in the Federal Register containing
the findings of the study; and
(B) provide an opportunity for public comment.
(4) REPORT TO CONGRESS.—Not later than 90 days after
the conclusion of the public comment period under paragraph
(3)(B), the Secretary shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the
Committees on Transportation and Infrastructure and Energy
and Commerce of the House of Representatives a report that
includes—
(A) the results of the study under paragraph (1);
(B) a summary of any comments received under paragraph (3)(B); and
(C) a determination as to whether the Secretary
intends to develop performance requirements for automatic
emergency braking systems for applicable commercial

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Deadline.

Deadline.
Assessment.

Contracts.

Deadline.

Notice.
Federal Register,
publication.

Summary.
Determination.

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135 STAT. 768

motor vehicles, including any analysis that led to that
determination.
(5) RULEMAKING.—Not later than 2 years after the date
on which the study under paragraph (1) is completed, the
Secretary shall—
(A) determine whether a motor vehicle safety standard
relating to equipping the commercial motor vehicles
described in that paragraph with automatic emergency
braking systems would meet the requirements and considerations described in subsections (a) and (b) of section
30111 of title 49, United States Code; and
(B) if the Secretary determines that a motor vehicle
safety standard described in subparagraph (A) would meet
the requirements and considerations described in that
subparagraph, initiate a rulemaking to prescribe such a
motor vehicle safety standard.

Deadline.
Determinations.

49 USC 39111
note.

SEC. 23011. UNDERRIDE PROTECTION.

Deadline.
Regulations.
Requirement.

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(a) DEFINITIONS.—In this section:
(1) COMMITTEE.—The term ‘‘Committee’’ means the
Advisory Committee on Underride Protection established under
subsection (d)(1).
(2) MOTOR CARRIER.—The term ‘‘motor carrier’’ has the
meaning given the term in section 13102 of title 49, United
States Code.
(3) PASSENGER MOTOR VEHICLE.—The term ‘‘passenger
motor vehicle’’ has the meaning given the term in section
32101 of title 49, United States Code.
(4) UNDERRIDE CRASH.—The term ‘‘underride crash’’ means
a crash in which a trailer or semitrailer intrudes into the
passenger compartment of a passenger motor vehicle.
(b) REAR UNDERRIDE GUARDS.—
(1) TRAILERS AND SEMITRAILERS.—
(A) IN GENERAL.—Not later than 1 year after the date
of enactment of this Act, the Secretary shall promulgate
such regulations as are necessary to revise sections 571.223
and 571.224 of title 49, Code of Federal Regulations
(relating to Federal Motor Vehicle Safety Standard Numbers 223 and 224, respectively), to require trailers and
semitrailers manufactured after the date on which those
regulations are promulgated to be equipped with rear
impact guards that are designed to prevent passenger
compartment intrusion from a trailer or semitrailer when
a passenger motor vehicle traveling at 35 miles per hour
makes—
(i) an impact in which the passenger motor vehicle
impacts the center of the rear of the trailer or
semitrailer;
(ii) an impact in which 50 percent of the width
of the passenger motor vehicle overlaps the rear of
the trailer or semitrailer; and
(iii) an impact in which 30 percent of the width
of the passenger motor vehicle overlaps the rear of
the trailer or semitrailer, if the Secretary determines
that a revision of sections 571.223 and 571.224 of title
49, Code of Federal Regulations (relating to Federal
Motor Vehicle Safety Standard Numbers 223 and 224,

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135 STAT. 769

respectively) to address such an impact would meet
the requirements and considerations described in subsections (a) and (b) of section 30111 of title 49, United
States Code.
(B) EFFECTIVE DATE.—The regulations promulgated
under subparagraph (A) shall require full compliance with
each Federal Motor Vehicle Safety Standard revised pursuant to those regulations not later than 2 years after the
date on which those regulations are promulgated.
(2) ADDITIONAL RESEARCH.—The Secretary shall conduct
additional research on the design and development of rear
impact guards that can—
(A) prevent underride crashes in cases in which the
passenger motor vehicle is traveling at speeds of up to
65 miles per hour; and
(B) protect passengers in passenger motor vehicles
against severe injury in crashes in which the passenger
motor vehicle is traveling at speeds of up to 65 miles
per hour.
(3) REVIEW OF STANDARDS.—Not later than 5 years after
the date on which the regulations under paragraph (1)(A) are
promulgated, the Secretary shall—
(A) review the Federal Motor Vehicle Safety Standards
revised pursuant to those regulations and any other
requirements of those regulations relating to rear underride
guards on trailers or semitrailers to evaluate the need
for changes in response to advancements in technology;
and
(B) update those Federal Motor Vehicle Safety Standards and those regulations accordingly.
(4) INSPECTIONS.—
(A) IN GENERAL.—Not later than 1 year after the date
of enactment of this Act, the Secretary shall promulgate
such regulations as are necessary to revise the regulations
relating to minimum periodic inspection standards under
appendix G to subchapter B of chapter III of title 49,
Code of Federal Regulations, and the regulations relating
to driver vehicle inspection reports under section 396.11
of that title to include requirements relating to rear impact
guards and rear end protection that are consistent with
the requirements described in section 393.86 of that title.
(B) CONSIDERATIONS.—In revising the regulations
described in subparagraph (A), the Secretary shall consider
it to be a defect or a deficiency if a rear impact guard
is missing an, or has a corroded or compromised, element
that affects the structural integrity and protective feature
of the rear impact guard.
(c) SIDE UNDERRIDE GUARDS.—
(1) IN GENERAL.—Not later than 1 year after the date
of enactment of this Act, the Secretary shall—
(A) complete additional research on side underride
guards to better understand the overall effectiveness of
side underride guards;
(B) assess the feasibility, benefits, and costs of, and
any impacts on intermodal equipment, freight mobility
(including port operations), and freight capacity associated

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Deadline.

Deadline.

Update.

Deadline.
Regulations.

Deadline.

Assessment.

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135 STAT. 770

Standards.
Contracts.

Deadline.

Notice.
Federal Register,
publication.
Public comment.

Summary.
Determination.
Analysis.

Recommendations.

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Appointments.

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with, installing side underride guards on newly manufactured trailers and semitrailers with a gross vehicle weight
rating of 10,000 pounds or more;
(C) consider the unique structural and operational
aspects of—
(i) intermodal chassis (as defined in section 340.2
of title 46, Code of Federal Regulations; and
(ii) pole trailers (as defined in section 390.5 of
title 49, Code of Federal Regulations; and
(D) if warranted, develop performance standards for
side underride guards.
(2) INDEPENDENT RESEARCH.—If the Secretary enters into
a contract with a third party to perform the research required
under paragraph (1)(A), the Secretary shall ensure that the
third party does not have any financial or contractual ties
to, or relationships with—
(A) a motor carrier that transports passengers or property for compensation;
(B) the motor carrier industry; or
(C) an entity producing or supplying underride guards.
(3) PUBLICATION OF ASSESSMENT.—Not later than 90 days
after completion of the assessment required under paragraph
(1)(B), the Secretary shall—
(A) issue a notice in the Federal Register containing
the findings of the assessment; and
(B) provide an opportunity for public comment.
(4) REPORT TO CONGRESS.—Not later than 90 days after
the conclusion of the public comment period under paragraph
(3)(B), the Secretary shall submit to 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 includes—
(A) the results of the assessment under paragraph
(1)(B);
(B) a summary of any comments received by the Secretary under paragraph (3)(B); and
(C) a determination as to whether the Secretary
intends to develop performance requirements for side
underride guards, including any analysis that led to that
determination.
(d) ADVISORY COMMITTEE ON UNDERRIDE PROTECTION.—
(1) ESTABLISHMENT.—The Secretary shall establish an
Advisory Committee on Underride Protection to provide advice
and recommendations to the Secretary on safety regulations
to reduce underride crashes and fatalities relating to underride
crashes.
(2) MEMBERSHIP.—
(A) IN GENERAL.—The Committee shall be composed
of not more than 20 members, appointed by the Secretary,
who—
(i) are not employees of the Department; and
(ii) are qualified to serve on the Committee because
of their expertise, training, or experience.
(B) REPRESENTATION.—The Committee shall include 2
representatives of each of the following:
(i) Truck and trailer manufacturers.

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PUBLIC LAW 117–58—NOV. 15, 2021

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(ii) Motor carriers, including independent owneroperators.
(iii) Law enforcement.
(iv) Motor vehicle engineers.
(v) Motor vehicle crash investigators.
(vi) Truck safety organizations.
(vii) The insurance industry.
(viii) Emergency medical service providers.
(ix) Families of underride crash victims.
(x) Labor organizations.
(3) COMPENSATION.—Members of the Committee shall serve
without compensation.
(4) MEETINGS.—The Committee shall meet not less frequently than annually.
(5) SUPPORT.—On request of the Committee, the Secretary
shall provide information, administrative services, and supplies
necessary for the Committee to carry out the duties of the
Committee.
(6) REPORT.—The Committee shall submit to the Committee on Commerce, Science, and Transportation of the Senate
and the Committee on Transportation and Infrastructure of
the House of Representatives a biennial report that—
(A) describes the advice and recommendations made
to the Secretary; and
(B) includes an assessment of progress made by the
Secretary in advancing safety regulations relating to
underride crashes.
(e) DATA COLLECTION.—Not later than 1 year after the date
of enactment of this Act, the Secretary shall implement the recommendations described in the report of the Government Accountability Office entitled ‘‘Truck Underride Guards: Improved Data
Collection, Inspections, and Research Needed’’, published on March
14, 2019, and numbered GAO–19–264.

Time period.

Recommendations.
Assessment.

Deadline.

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SEC. 23012. PROVIDERS OF RECREATIONAL ACTIVITIES.

Section 13506(b) of title 49, United States Code, is amended—
(1) in paragraph (2), by striking ‘‘or’’ at the end;
(2) in paragraph (3), by striking the period at the end
and inserting ‘‘; or’’; and
(3) by adding at the end the following:
‘‘(4) transportation by a motor vehicle designed or used
to transport not fewer than 9, and not more than 15, passengers
(including the driver), whether operated alone or with a trailer
attached for the transport of recreational equipment, if—
‘‘(A) the motor vehicle is operated by a person that
provides recreational activities;
‘‘(B) the transportation is provided within a 150 airmile radius of the location at which passengers initially
boarded the motor vehicle at the outset of the trip; and
‘‘(C) in the case of a motor vehicle transporting passengers over a route between a place in a State and a
place in another State, the person operating the motor
vehicle is lawfully providing transportation of passengers
over the entire route in accordance with applicable State
law.’’.

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135 STAT. 772
49 USC 14104
note.

Deadline.
Notice.
Determination.

Recommendations.
Requirements.
Web postings.

Records.
Web posting.
Records.

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Repeal.
Surveys.

Records.

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SEC. 23013. AMENDMENTS TO REGULATIONS RELATING TO TRANSPORTATION OF HOUSEHOLD GOODS IN INTERSTATE COMMERCE.

(a) DEFINITIONS.—In this section:
(1) ADMINISTRATION.—The term ‘‘Administration’’ means
the Federal Motor Carrier Safety Administration.
(2) COVERED CARRIER.—The term ‘‘covered carrier’’ means
a motor carrier that is—
(A) engaged in the interstate transportation of household goods; and
(B) subject to the requirements of part 375 of title
49, Code of Federal Regulations (as in effect on the effective
date of any amendments made pursuant to the notice of
proposed rulemaking issued under subsection (b)).
(b) AMENDMENTS TO REGULATIONS.—Not later than 1 year after
the date of enactment of this Act, the Secretary shall issue a
notice of proposed rulemaking to amend, as the Secretary determines to be appropriate, regulations relating to the interstate
transportation of household goods.
(c) CONSIDERATIONS.—In issuing the notice of proposed rulemaking under subsection (b), the Secretary shall consider amending
the following provisions of title 49, Code of Federal Regulations,
in accordance with the following recommendations:
(1) Section 375.207(b) to require each covered carrier to
include on the website of the covered carrier a link—
(A) to the publication of the Administration entitled
‘‘Ready to Move–Tips for a Successful Interstate Move’’
and numbered ESA–03–005 on the website of the Administration; or
(B) to a copy of the publication referred to in subparagraph (A) on the website of the covered carrier.
(2) Subsections (a) and (b)(1) of section 375.213 to require
each covered carrier to provide to each individual shipper,
together with any written estimate provided to the shipper,
a copy of the publication described in appendix A of part 375
of that title, entitled ‘‘Your Rights and Responsibilities When
You Move’’ and numbered ESA–03–006 (or a successor publication), in the form of a written copy or a hyperlink on the
website of the covered carrier to the location on the website
of the Administration containing that publication.
(3) Section 375.213 to repeal subsection (e) of that section.
(4) Section 375.401(a) to require each covered carrier—
(A) to conduct a visual survey of the household goods
to be transported by the covered carrier—
(i) in person; or
(ii) virtually, using—
(I) a remote camera; or
(II) another appropriate technology;
(B) to offer a visual survey described in subparagraph
(A) for all household goods shipments, regardless of the
distance between—
(i) the location of the household goods; and
(ii) the location of the agent of the covered carrier
preparing the estimate; and
(C) to provide to each shipper a copy of the publication
of the Administration entitled ‘‘Ready to Move–Tips for
a Successful Interstate Move’’ and numbered ESA–03–005

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PUBLIC LAW 117–58—NOV. 15, 2021

135 STAT. 773

on receipt from the shipper of a request to schedule, or
a waiver of, a visual survey offered under subparagraph
(B).
(5)
Sections
375.401(b)(1),
375.403(a)(6)(ii),
and
375.405(b)(7)(ii), and subpart D of appendix A of part 375,
to require that, in any case in which a shipper tenders any
additional item or requests any additional service prior to
loading a shipment, the affected covered carrier shall—
(A) prepare a new estimate; and
(B) maintain a record of the date, time, and manner
in which the new estimate was accepted by the shipper.
(6) Section 375.501(a), to establish that a covered carrier
is not required to provide to a shipper an order for service
if the covered carrier elects to provide the information described
in paragraphs (1) through (15) of that section in a bill of
lading that is presented to the shipper before the covered
carrier receives the shipment.
(7) Subpart H of part 375, to replace the replace the terms
‘‘freight bill’’ and ‘‘expense bill’’ with the term ‘‘invoice’’.
SEC. 23014. IMPROVING FEDERAL-STATE MOTOR CARRIER SAFETY
ENFORCEMENT COORDINATION.

(a) DEFINITIONS.—In this section:
(1) COVERED STATE.—The term ‘‘covered State’’ means a
State that receives Federal funds under the motor carrier safety
assistance program established under section 31102 of title
49, United States Code.
(2) IMMINENT HAZARD.—The term ‘‘imminent hazard’’ has
the same meaning as in section 521 of title 49, United States
Code.
(b) REVIEW AND ENFORCEMENT OF STATE OUT-OF-SERVICE
ORDERS.—As soon as practicable after the date of enactment of
this Act, the Secretary shall publish in the Federal Register a
process under which the Secretary shall review each out-of-service
order issued by a covered State in accordance with section 31144(d)
of title 49, United States Code, by not later than 30 days after
the date on which the out-of-service order is submitted to the
Secretary by the covered State.
(c) REVIEW AND ENFORCEMENT OF STATE IMMINENT HAZARD
DETERMINATIONS.—
(1) IN GENERAL.—As soon as practicable after the date
of enactment of this Act, the Secretary shall publish in the
Federal Register a process under which the Secretary shall
review imminent hazard determinations made by covered
States.
(2) ENFORCEMENT.—On reviewing an imminent hazard
determination under paragraph (1), the Secretary shall pursue
enforcement under section 521 of title 49, United States Code,
as the Secretary determines to be appropriate.

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SEC. 23015. LIMOUSINE RESEARCH.

(a) DEFINITIONS.—In this section:
(1) LIMOUSINE.—The term ‘‘limousine’’ means a motor
vehicle—
(A) that has a seating capacity of 9 or more persons
(including the driver);
(B) with a gross vehicle weight rating greater than
10,000 pounds but not greater than 26,000 pounds;

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Estimate.
Records.

49 USC 31144
note.

Federal Register,
publication.
Deadline.

Federal Register,
publication.

Deadlines.
49 USC 30111
note.

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Determination.

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Determination.
Federal Register,
publication.

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(C) that the Secretary has determined by regulation
has physical characteristics resembling—
(i) a passenger car;
(ii) a multipurpose passenger vehicle; or
(iii) a truck with a gross vehicle weight rating
of 10,000 pounds or less; and
(D) that is not a taxi, nonemergency medical, or paratransit motor vehicle.
(2) LIMOUSINE OPERATOR.—The term ‘‘limousine operator’’
means a person who owns or leases, and uses, a limousine
to transport passengers for compensation.
(3) MOTOR VEHICLE SAFETY STANDARD.—The term ‘‘motor
vehicle safety standard’’ has the meaning given the term in
section 30102(a) of title 49, United States Code.
(4) STATE.—The term ‘‘State’’ has the meaning given such
term in section 30102(a) of title 49, United States Code.
(b) CRASHWORTHINESS.—
(1) RESEARCH.—Not later than 4 years after the date of
enactment of this Act, the Secretary shall complete research
into the development of motor vehicle safety standards for
side impact protection, roof crush resistance, and air bag systems for the protection of occupants in limousines with alternative seating positions, including perimeter seating arrangements.
(2) RULEMAKING OR REPORT.—
(A) CRASHWORTHINESS STANDARDS.—
(i) IN GENERAL.—Subject to clause (ii), not later
than 2 years after the date on which the research
under paragraph (1) is completed, the Secretary shall
prescribe, for the protection of occupants in limousines
with alternative seating positions, a final motor vehicle
safety standard for each of the following:
(I) Side impact protection.
(II) Roof crush resistance.
(III) Air bag systems.
(ii) REQUIREMENTS AND CONSIDERATIONS.—The
Secretary may only prescribe a motor vehicle safety
standard described in clause (i) if the Secretary determines that the standard meets the requirements and
considerations described in subsections (a) and (b) of
section 30111 of title 49, United States Code.
(B) REPORT.—If the Secretary determines that a motor
vehicle safety standard described in subparagraph (A)(i)
would not meet the requirements and considerations
described in subsections (a) and (b) of section 30111 of
title 49, United States Code, the Secretary shall publish
in the Federal Register and submit to the Committee on
Commerce, Science, and Transportation of the Senate and
the Committee on Energy and Commerce of the House
of Representatives a report describing the reasons for not
prescribing the standard.
(c) EVACUATION.—
(1) RESEARCH.—Not later than 2 years after the date of
enactment of this Act, the Secretary shall complete research
into safety features and standards that aid evacuation in the
event that an exit in the passenger compartment of a limousine
is blocked.

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(2) RULEMAKING OR REPORT.—
(A) LIMOUSINE EVACUATION.—
(i) IN GENERAL.—Subject to clause (ii), not later
than 2 years after the date on which the research
under paragraph (1) is completed, the Secretary shall
prescribe a final motor vehicle safety standard based
on the results of that research.
(ii) REQUIREMENTS AND CONSIDERATIONS.—The
Secretary may only prescribe a motor vehicle safety
standard described in clause (i) if the Secretary determines that the standard meets the requirements and
considerations described in subsections (a) and (b) of
section 30111 of title 49, United States Code.
(B) REPORT.—If the Secretary determines that a
standard described in subparagraph (A)(i) would not meet
the requirements and considerations described in subsections (a) and (b) of section 30111 of title 49, United
States Code, the Secretary shall publish in the Federal
Register and submit to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives a report describing the reasons for not prescribing
the standard.
(d) LIMOUSINE INSPECTION DISCLOSURE.—
(1) IN GENERAL.—A limousine operator may not introduce
a limousine into interstate commerce unless the limousine operator has prominently disclosed in a clear and conspicuous
notice, including on the website of the operator if the operator
has a website, the following:
(A) The date of the most recent inspection of the limousine required under State or Federal law, if applicable.
(B) The results of the inspection, if applicable.
(C) Any corrective action taken by the limousine operator to ensure the limousine passed inspection, if
applicable.
(2) FEDERAL TRADE COMMISSION ENFORCEMENT.—
(A) IN GENERAL.—The Federal Trade Commission shall
enforce this subsection in the same manner, by the same
means, and with the same jurisdiction, powers, and duties
as though all applicable terms and provisions of the Federal
Trade Commission Act (15 U.S.C. 41 et seq.) were incorporated into and made a part of this subsection.
(B) TREATMENT.—Any person who violates this subsection shall be subject to the penalties and entitled to
the privileges and immunities provided in the Federal
Trade Commission Act (15 U.S.C. 41 et seq.).
(3) SAVINGS PROVISION.—Nothing in this subsection limits
the authority of the Federal Trade Commission under any
other provision of law.
(4) EFFECTIVE DATE.—This subsection shall take effect on
the date that is 180 days after the date of enactment of this
Act.

Determination.

Determination.
Federal Register,
publication.

Notice.
Web posting.

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SEC. 23016. NATIONAL CONSUMER COMPLAINT DATABASE.

(a) IN GENERAL.—Not later than 18 months after the date
of enactment of this Act, the Comptroller General of the United
States shall submit to the Committee on Commerce, Science, and

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135 STAT. 776

Reviews.

Time period.
Determination.

Recommendations.

Reports.
Analysis.

whamilton on LAPJF8D0R2PROD with PUBLAW

Review.

VerDate Sep 11 2014

12:25 Dec 28, 2021

PUBLIC LAW 117–58—NOV. 15, 2021

Transportation of the Senate and the Committee on Transportation
and Infrastructure of the House of Representatives a report on
the National Consumer Complaint Database of the Federal Motor
Carrier Safety Administration.
(b) CONTENTS.—The report under subsection (a) shall include—
(1) a review of the process and effectiveness of efforts
to review and follow-up on complaints submitted to the National
Consumer Complaint Database;
(2) an identification of the top 5 complaint categories;
(3) an identification of—
(A) the process that the Federal Motor Carrier Safety
Administration uses to determine which entities to take
enforcement actions against; and
(B) the top categories of enforcement actions taken
by the Federal Motor Carrier Safety Administration;
(4) a review of the use of the National Consumer Complaint
Database website over the 5-year period ending on December
31, 2020, including information obtained by conducting interviews with drivers, customers of movers of household goods,
brokers, motor carriers, including small business motor carriers,
and other users of the website to determine the usability of
the website;
(5) a review of efforts taken by the Federal Motor Carrier
Safety Administration to raise awareness of the National Consumer Complaint Database; and
(6) recommendations, as appropriate, including with respect
to methods—
(A) for improving the usability of the National Consumer Complaint Database website;
(B) for improving the review of complaints;
(C) for using data collected through the National Consumer Complaint Database to identify bad actors;
(D) to improve confidence and transparency in the
complaint process; and
(E) for improving stakeholder awareness of and participation in the National Consumer Complaint Database and
the complaint system, including improved communication
about the purpose of the National Consumer Complaint
Database.
SEC. 23017. ELECTRONIC LOGGING DEVICE OVERSIGHT.

Not later than 180 days after the date of enactment of this
Act, the Secretary shall submit to Congress a report analyzing
the cost and effectiveness of electronic logging devices and detailing
the processes—
(1) used by the Federal Motor Carrier Safety Administration—
(A) to review electronic logging device logs; and
(B) to protect proprietary information and personally
identifiable information obtained from electronic logging
device logs; and
(2) through which an operator may challenge or appeal
a violation notice issued by the Federal Motor Carrier Safety
Administration relating to an electronic logging device.

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PUBL058

PUBLIC LAW 117–58—NOV. 15, 2021

135 STAT. 777

SEC. 23018. TRANSPORTATION OF AGRICULTURAL COMMODITIES AND
FARM SUPPLIES.

Section 229(a)(1) of the Motor Carrier Safety Improvement
Act of 1999 (49 U.S.C. 31136 note; Public Law 106–159) is
amended—
(1) in subparagraph (B), by striking ‘‘or’’ at the end;
(2) in subparagraph (C), by striking the period at the
end and inserting ‘‘; or’’; and
(3) by adding at the end the following:
‘‘(D) drivers transporting livestock (as defined in section 602 of the Emergency Livestock Feed Assistance Act
of 1988 (7 U.S.C. 1471) incl