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PUBLIC LAW 112–141—JULY 6, 2012

126 STAT. 405

Public Law 112–141
112th Congress
An Act
To authorize funds for Federal-aid highways, highway safety programs, and transit
programs, and for other purposes.

July 6, 2012
[H.R. 4348]

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

(a) SHORT TITLE.—This Act may be cited as the ‘‘Moving Ahead
for Progress in the 21st Century Act’’ or the ‘‘MAP–21’’.
(b) DIVISIONS.—This Act is organized into 8 divisions as follows:
(1) Division A–Federal-aid Highways and Highway Safety
Construction Programs.
(2) Division B–Public Transportation.
(3) Division C–Transportation Safety and Surface Transportation Policy.
(4) Division D–Finance.
(5) Division E–Research and Education.
(6) Division F–Miscellaneous.
(7) Division G–Surface Transportation Extension.
(8) Division H–Budgetary Effects.
(c) TABLE OF CONTENTS.—The table of contents for this Act
is as follows:

Moving Ahead for
Progress in the
21st Century Act.
State and local
governments.
23 USC 101 note.

Sec. 1. Short title; organization of Act into divisions; table of contents.
Sec. 2. Definitions.
Sec. 3. Effective date.
DIVISION A—FEDERAL-AID HIGHWAYS AND HIGHWAY SAFETY
CONSTRUCTION PROGRAMS

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TITLE I—FEDERAL-AID HIGHWAYS
Subtitle A—Authorizations and Programs
Sec. 1101. Authorization of appropriations.
Sec. 1102. Obligation ceiling.
Sec. 1103. Definitions.
Sec. 1104. National Highway System.
Sec. 1105. Apportionment.
Sec. 1106. National highway performance program.
Sec. 1107. Emergency relief.
Sec. 1108. Surface transportation program.
Sec. 1109. Workforce development.
Sec. 1110. Highway use tax evasion projects.
Sec. 1111. National bridge and tunnel inventory and inspection standards.
Sec. 1112. Highway safety improvement program.
Sec. 1113. Congestion mitigation and air quality improvement program.
Sec. 1114. Territorial and Puerto Rico highway program.
Sec. 1115. National freight policy.
Sec. 1116. Prioritization of projects to improve freight movement.
Sec. 1117. State freight advisory committees.

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126 STAT. 406

PUBLIC LAW 112–141—JULY 6, 2012

Sec. 1118. State freight plans.
Sec. 1119. Federal lands and tribal transportation programs.
Sec. 1120. Projects of national and regional significance.
Sec. 1121. Construction of ferry boats and ferry terminal facilities.
Sec. 1122. Transportation alternatives.
Sec. 1123. Tribal high priority projects program.
Subtitle B—Performance Management
Sec. 1201. Metropolitan transportation planning.
Sec. 1202. Statewide and nonmetropolitan transportation planning.
Sec. 1203. National goals and performance management measures.
Subtitle C—Acceleration of Project Delivery
Sec. 1301. Declaration of policy and project delivery initiative.
Sec. 1302. Advance acquisition of real property interests.
Sec. 1303. Letting of contracts.
Sec. 1304. Innovative project delivery methods.
Sec. 1305. Efficient environmental reviews for project decisionmaking.
Sec. 1306. Accelerated decisionmaking.
Sec. 1307. Assistance to affected Federal and State agencies.
Sec. 1308. Limitations on claims.
Sec. 1309. Accelerating completion of complex projects within 4 years.
Sec. 1310. Integration of planning and environmental review.
Sec. 1311. Development of programmatic mitigation plans.
Sec. 1312. State assumption of responsibility for categorical exclusions.
Sec. 1313. Surface transportation project delivery program.
Sec. 1314. Application of categorical exclusions for multimodal projects.
Sec. 1315. Categorical exclusions in emergencies.
Sec. 1316. Categorical exclusions for projects within the right-of-way.
Sec. 1317. Categorical exclusion for projects of limited Federal assistance.
Sec. 1318. Programmatic agreements and additional categorical exclusions.
Sec. 1319. Accelerated decisionmaking in environmental reviews.
Sec. 1320. Memoranda of agency agreements for early coordination.
Sec. 1321. Environmental procedures initiative.
Sec. 1322. Review of State environmental reviews and approvals for the purpose of
eliminating duplication of environmental reviews.
Sec. 1323. Review of Federal project and program delivery.

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Subtitle D—Highway Safety
Sec. 1401. Jason’s law.
Sec. 1402. Open container requirements.
Sec. 1403. Minimum penalties for repeat offenders for driving while intoxicated or
driving under the influence.
Sec. 1404. Adjustments to penalty provisions.
Sec. 1405. Highway worker safety.
Subtitle E—Miscellaneous
Sec. 1501. Real-time ridesharing.
Sec. 1502. Program efficiencies.
Sec. 1503. Project approval and oversight.
Sec. 1504. Standards.
Sec. 1505. Justification reports for access points on the Interstate System.
Sec. 1506. Construction.
Sec. 1507. Maintenance.
Sec. 1508. Federal share payable.
Sec. 1509. Transferability of Federal-aid highway funds.
Sec. 1510. Idle reduction technology.
Sec. 1511. Special permits during periods of national emergency.
Sec. 1512. Tolling.
Sec. 1513. Miscellaneous parking amendments.
Sec. 1514. HOV facilities.
Sec. 1515. Funding flexibility for transportation emergencies.
Sec. 1516. Defense access road program enhancements to address transportation
infrastructure in the vicinity of military installations.
Sec. 1517. Mapping.
Sec. 1518. Buy America provisions.
Sec. 1519. Consolidation of programs; repeal of obsolete provisions.
Sec. 1520. Denali Commission.
Sec. 1521. Uniform Relocation Assistance and Real Property Acquisition Policies
Act of 1970 amendments.
Sec. 1522. Extension of public transit vehicle exemption from axle weight restrictions.

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PUBLIC LAW 112–141—JULY 6, 2012

126 STAT. 407

Sec. 1523. Use of debris from demolished bridges and overpasses.
Sec. 1524. Use of youth service and conservation corps.
Sec. 1525. State autonomy for culvert pipe selection.
Sec. 1526. Evacuation routes.
Sec. 1527. Consolidation of grants.
Sec. 1528. Appalachian development highway system.
Sec. 1529. Engineering judgment.
Sec. 1530. Transportation training and employment programs.
Sec. 1531. Notice of certain grant awards.
Sec. 1532. Budget justification.
Sec. 1533. Prohibition on use of funds for automated traffic enforcement.
Sec. 1534. Public-private partnerships.
Sec. 1535. Report on Highway Trust Fund expenditures.
Sec. 1536. Sense of Congress on harbor maintenance.
Sec. 1537. Estimate of harbor maintenance needs.
Sec. 1538. Asian carp.
Sec. 1539. Rest areas.
Subtitle F—Gulf Coast Restoration
Sec. 1601. Short title.
Sec. 1602. Gulf Coast Restoration Trust Fund.
Sec. 1603. Gulf Coast natural resources restoration and economic recovery.
Sec. 1604. Gulf Coast Ecosystem Restoration Science, Observation, Monitoring, and
Technology program.
Sec. 1605. Centers of excellence research grants.
Sec. 1606. Effect.
Sec. 1607. Restoration and protection activity limitations.
Sec. 1608. Inspector General.
TITLE II—AMERICA FAST FORWARD FINANCING INNOVATION
Sec. 2001. Short title.
Sec. 2002. Transportation Infrastructure Finance and Innovation Act of 1998
amendments.
DIVISION B—PUBLIC TRANSPORTATION
Sec. 20001. Short title.
Sec. 20002. Repeals.
Sec. 20003. Policies and purposes.
Sec. 20004. Definitions.
Sec. 20005. Metropolitan transportation planning.
Sec. 20006. Statewide and nonmetropolitan transportation planning.
Sec. 20007. Urbanized area formula grants.
Sec. 20008. Fixed guideway capital investment grants.
Sec. 20009. Mobility of seniors and individuals with disabilities.
Sec. 20010. Formula grants for rural areas.
Sec. 20011. Research, development, demonstration, and deployment projects.
Sec. 20012. Technical assistance and standards development.
Sec. 20013. Private sector participation.
Sec. 20014. Bus testing facilities.
Sec. 20015. Human resources and training.
Sec. 20016. General provisions.
Sec. 20017. Public Transportation Emergency Relief Program.
Sec. 20018. Contract requirements.
Sec. 20019. Transit asset management.
Sec. 20020. Project management oversight.
Sec. 20021. Public transportation safety.
Sec. 20022. Alcohol and controlled substances testing.
Sec. 20023. Nondiscrimination.
Sec. 20024. Administrative provisions.
Sec. 20025. National transit database.
Sec. 20026. Apportionment of appropriations for formula grants.
Sec. 20027. State of good repair grants.
Sec. 20028. Authorizations.
Sec. 20029. Bus and bus facilities formula grants.
Sec. 20030. Technical and conforming amendments.

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DIVISION C—TRANSPORTATION SAFETY AND SURFACE TRANSPORTATION
POLICY
TITLE I—MOTOR VEHICLE AND HIGHWAY SAFETY IMPROVEMENT ACT OF
2012
Sec. 31001. Short title.

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126 STAT. 408

PUBLIC LAW 112–141—JULY 6, 2012

Sec. 31002. Definition.
Subtitle A—Highway Safety
Sec. 31101. Authorization of appropriations.
Sec. 31102. Highway safety programs.
Sec. 31103. Highway safety research and development.
Sec. 31104. National driver register.
Sec. 31105. National priority safety programs.
Sec. 31106. High visibility enforcement program.
Sec. 31107. Agency accountability.
Sec. 31108. Emergency medical services.
Sec. 31109. Repeal of programs.
Subtitle B—Enhanced Safety Authorities
Sec. 31201. Definition of motor vehicle equipment.
Sec. 31202. Permit reminder system for non-use of safety belts.
Sec. 31203. Civil penalties.
Sec. 31204. Motor vehicle safety research and development.
Sec. 31205. Odometer requirements.
Sec. 31206. Increased penalties and damages for odometer fraud.
Sec. 31207. Extend prohibitions on importing noncompliant vehicles and equipment
to defective vehicles and equipment.
Sec. 31208. Conditions on importation of vehicles and equipment.
Sec. 31209. Port inspections; samples for examination or testing.
Subtitle C—Transparency and Accountability
Sec. 31301. Public availability of recall information.
Sec. 31302. National Highway Traffic Safety Administration outreach to manufacturer, dealer, and mechanic personnel.
Sec. 31303. Public availability of communications to dealers.
Sec. 31304. Corporate responsibility for National Highway Traffic Safety Administration reports.
Sec. 31305. Passenger motor vehicle information program.
Sec. 31306. Promotion of vehicle defect reporting.
Sec. 31307. Whistleblower protections for motor vehicle manufacturers, part suppliers, and dealership employees.
Sec. 31308. Anti-revolving door.
Sec. 31309. Study of crash data collection.
Sec. 31310. Update means of providing notification; improving efficacy of recalls.
Sec. 31311. Expanding choices of remedy available to manufacturers of replacement
equipment.
Sec. 31312. Recall obligations and bankruptcy of manufacturer.
Sec. 31313. Repeal of insurance reports and information provision.
Sec. 31314. Monroney sticker to permit additional safety rating categories.
Subtitle D—Vehicle Electronics and Safety Standards
Sec. 31401. National Highway Traffic Safety Administration electronics, software,
and engineering expertise.
Sec. 31402. Electronic systems performance.
Subtitle E—Child Safety Standards
Sec. 31501. Child safety seats.
Sec. 31502. Child restraint anchorage systems.
Sec. 31503. Rear seat belt reminders.
Sec. 31504. Unattended passenger reminders.
Sec. 31505. New deadline.
Subtitle F—Improved Daytime and Nighttime Visibility of Agricultural Equipment
Sec. 31601. Rulemaking on visibility of agricultural equipment.

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TITLE II—COMMERCIAL MOTOR VEHICLE SAFETY ENHANCEMENT ACT OF
2012
Sec. 32001. Short title.
Sec. 32002. References to title 49, United States Code.
Subtitle A—Commercial Motor Vehicle Registration
Sec. 32101. Registration of motor carriers.
Sec. 32102. Safety fitness of new operators.
Sec. 32103. Reincarnated carriers.

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PUBLIC LAW 112–141—JULY 6, 2012

126 STAT. 409

Sec. 32104. Financial responsibility requirements.
Sec. 32105. USDOT number registration requirement.
Sec. 32106. Registration fee system.
Sec. 32107. Registration update.
Sec. 32108. Increased penalties for operating without registration.
Sec. 32109. Revocation of registration for imminent hazard.
Sec. 32110. Revocation of registration and other penalties for failure to respond to
subpoena.
Sec. 32111. Fleetwide out of service order for operating without required registration.
Sec. 32112. Motor carrier and officer patterns of safety violations.
Subtitle B—Commercial Motor Vehicle Safety
Sec. 32201. Crashworthiness standards.
Sec. 32202. Canadian safety rating reciprocity.
Sec. 32203. State reporting of foreign commercial driver convictions.
Sec. 32204. Authority to disqualify foreign commercial drivers.
Sec. 32205. Revocation of foreign motor carrier operating authority for failure to
pay civil penalties.
Sec. 32206. Rental truck accident study.
Subtitle C—Driver Safety
Sec. 32301. Hours of service study and electronic logging devices.
Sec. 32302. Driver medical qualifications.
Sec. 32303. Commercial driver’s license notification system.
Sec. 32304. Commercial motor vehicle operator training.
Sec. 32305. Commercial driver’s license program.
Sec. 32306. Commercial motor vehicle driver information systems.
Sec. 32307. Employer responsibilities.
Sec. 32308. Program to assist Veterans to acquire commercial driver’s licenses.
Subtitle D—Safe Roads Act of 2012
Sec. 32401. Short title.
Sec. 32402. National clearinghouse for controlled substance and alcohol test results
of commercial motor vehicle operators.
Subtitle E—Enforcement
Sec. 32501. Inspection demand and display of credentials.
Sec. 32502. Out of service penalty for denial of access to records.
Sec. 32503. Penalties for violation of operation out of service orders.
Sec. 32504. Impoundment and immobilization of commercial motor vehicles for imminent hazard.
Sec. 32505. Increased penalties for evasion of regulations.
Sec. 32506. Violations relating to commercial motor vehicle safety regulation and
operators.
Sec. 32507. Emergency disqualification for imminent hazard.
Sec. 32508. Disclosure to State and local law enforcement agencies.
Sec. 32509. Grade crossing safety regulations.

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Subtitle F—Compliance, Safety, Accountability
Sec. 32601. Motor carrier safety assistance program.
Sec. 32602. Performance and registration information systems management program.
Sec. 32603. Authorization of appropriations.
Sec. 32604. Grants for commercial driver’s license program implementation.
Sec. 32605. Commercial vehicle information systems and networks.
Subtitle G—Motorcoach Enhanced Safety Act of 2012
Sec. 32701. Short title.
Sec. 32702. Definitions.
Sec. 32703. Regulations for improved occupant protection, passenger evacuation,
and crash avoidance.
Sec. 32704. Fire prevention and mitigation.
Sec. 32705. Occupant protection, collision avoidance, fire causation, and fire extinguisher research and testing.
Sec. 32706. Concurrence of research and rulemaking.
Sec. 32707. Improved oversight of motorcoach service providers.
Sec. 32708. Report on feasibility, benefits, and costs of establishing a system of certification of training programs.
Sec. 32709. Commercial driver’s license passenger endorsement requirements.

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126 STAT. 410

PUBLIC LAW 112–141—JULY 6, 2012

Sec. 32710. Safety inspection program for commercial motor vehicles of passengers.
Sec. 32711. Regulations.
Subtitle H—Safe Highways and Infrastructure Preservation
Sec. 32801. Comprehensive truck size and weight limits study.
Sec. 32802. Compilation of existing State truck size and weight limit laws.
Subtitle I—Miscellaneous
PART I—MISCELLANEOUS
Sec. 32911. Prohibition of coercion.
Sec. 32912. Motor carrier safety advisory committee.
Sec. 32913. Waivers, exemptions, and pilot programs.
Sec. 32914. Registration requirements.
Sec. 32915. Additional motor carrier registration requirements.
Sec. 32916. Registration of freight forwarders and brokers.
Sec. 32917. Effective periods of registration.
Sec. 32918. Financial security of brokers and freight forwarders.
Sec. 32919. Unlawful brokerage activities.
PART II—HOUSEHOLD GOODS TRANSPORTATION
Sec. 32921. Additional registration requirements for household goods motor carriers.
Sec. 32922. Failure to give up possession of household goods.
Sec. 32923. Settlement authority.
PART III—TECHNICAL AMENDMENTS
Sec. 32931. Update of obsolete text.
Sec. 32932. Correction of interstate commerce commission references.
Sec. 32933. Technical and conforming amendments.
Sec. 32934. Exemptions from requirements for covered farm vehicles.
TITLE III—HAZARDOUS MATERIALS TRANSPORTATION SAFETY
IMPROVEMENT ACT OF 2012
Sec. 33001. Short title.
Sec. 33002. Definition.
Sec. 33003. References to title 49, United States Code.
Sec. 33004. Training for emergency responders.
Sec. 33005. Paperless Hazard Communications Pilot Program.
Sec. 33006. Improving data collection, analysis, and reporting.
Sec. 33007. Hazardous material technical assessment, research and development,
and analysis program.
Sec. 33008. Hazardous Material Enforcement Training.
Sec. 33009. Inspections.
Sec. 33010. Civil penalties.
Sec. 33011. Reporting of fees.
Sec. 33012. Special permits, approvals, and exclusions.
Sec. 33013. Highway routing disclosures.
Sec. 33014. Motor carrier safety permits.
Sec. 33015. Wetlines.
Sec. 33016. Hazmat employee training requirements and grants.
Sec. 33017. Authorization of appropriations.
TITLE IV—SPORT FISH RESTORATION AND RECREATIONAL BOATING
SAFETY ACT OF 2012
Sec. 34001. Short title.
Sec. 34002. Amendment of Federal Aid in Sport Fish Restoration Act.
TITLE V—MISCELLANEOUS
Sec. 35001. Overflights in Grand Canyon National Park.
Sec. 35002. Commercial air tour operations.
Sec. 35003. Qualifications for public aircraft status.
DIVISION D—FINANCE
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Sec. 40001. Short title.
TITLE I—EXTENSION OF HIGHWAY TRUST FUND EXPENDITURE
AUTHORITY AND RELATED TAXES
Sec. 40101. Extension of trust fund expenditure authority.

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126 STAT. 411

Sec. 40102. Extension of highway-related taxes.
TITLE II—REVENUE PROVISIONS
Subtitle A—Leaking Underground Storage Tank Trust Fund
Sec. 40201. Transfer from Leaking Underground Storage Tank Trust Fund to Highway Trust Fund.
Subtitle B—Pension Provisions
PART I—PENSION FUNDING STABILIZATION
Sec. 40211. Pension funding stabilization.
PART II—PBGC PREMIUMS
Sec. 40221. Single employer plan annual premium rates.
Sec. 40222. Multiemployer annual premium rates.
PART III—IMPROVEMENTS OF PBGC
Sec. 40231. Pension Benefit Guaranty Corporation Governance Improvement.
Sec. 40232. Participant and plan sponsor advocate.
Sec. 40233. Quality control procedures for the Pension Benefit Guaranty Corporation.
Sec. 40234. Line of credit repeal.
PART IV—TRANSFERS OF EXCESS PENSION ASSETS
Sec. 40241. Extension for transfers of excess pension assets to retiree health accounts.
Sec. 40242. Transfer of excess pension assets to retiree group term life insurance
accounts.
Subtitle C—Additional Transfers to Highway Trust Fund
Sec. 40251. Additional transfers to Highway Trust Fund.
DIVISION E—RESEARCH AND EDUCATION
Sec. 50001. Short title.
TITLE I—FUNDING
Sec. 51001. Authorization of appropriations.
TITLE II—RESEARCH, TECHNOLOGY, AND EDUCATION
Sec. 52001. Research, technology, and education.
Sec. 52002. Surface transportation research, development, and technology.
Sec. 52003. Research and technology development and deployment.
Sec. 52004. Training and education.
Sec. 52005. State planning and research.
Sec. 52006. International highway transportation program.
Sec. 52007. Surface transportation environmental cooperative research program.
Sec. 52008. National cooperative freight research.
Sec. 52009. University transportation centers program.
Sec. 52010. University transportation research.
Sec. 52011. Bureau of Transportation Statistics.
Sec. 52012. Administrative authority.
Sec. 52013. Transportation research and development strategic planning.
TITLE III—INTELLIGENT TRANSPORTATION SYSTEMS RESEARCH
Sec. 53001. Use of funds for ITS activities.
Sec. 53002. Goals and purposes.
Sec. 53003. General authorities and requirements.
Sec. 53004. Research and development.
Sec. 53005. National architecture and standards.
Sec. 53006. Vehicle-to-vehicle and vehicle-to-infrastructure communications systems deployment.
DIVISION F—MISCELLANEOUS

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TITLE I—REAUTHORIZATION OF CERTAIN PROGRAMS
Subtitle A—Secure Rural Schools and Community Self-determination Program
Sec. 100101. Secure Rural Schools and Community Self-Determination Program.
Subtitle B—Payment in Lieu of Taxes Program
Sec. 100111. Payments in lieu of taxes.

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PUBLIC LAW 112–141—JULY 6, 2012

Subtitle C—Offsets
Sec. 100121. Phased retirement authority.
Sec. 100122. Roll-your-own cigarette machines.
Sec. 100123. Change in FMAP increase for disaster recovery states.
Sec. 100124. Repeals.
Sec. 100125. Limitation on payments from the Abandoned Mine Reclamation Fund.
TITLE II—FLOOD INSURANCE

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Subtitle A—Flood Insurance Reform and Modernization
Sec. 100201. Short title.
Sec. 100202. Definitions.
Sec. 100203. Extension of National Flood Insurance Program.
Sec. 100204. Availability of insurance for multifamily properties.
Sec. 100205. Reform of premium rate structure.
Sec. 100207. Premium adjustment.
Sec. 100208. Enforcement.
Sec. 100209. Escrow of flood insurance payments.
Sec. 100210. Minimum deductibles for claims under the National Flood Insurance
Program.
Sec. 100211. Considerations in determining chargeable premium rates.
Sec. 100212. Reserve fund.
Sec. 100213. Repayment plan for borrowing authority.
Sec. 100214. Payment of condominium claims.
Sec. 100215. Technical mapping advisory council.
Sec. 100216. National flood mapping program.
Sec. 100217. Scope of appeals.
Sec. 100218. Scientific Resolution Panel.
Sec. 100219. Removal of limitation on State contributions for updating flood maps.
Sec. 100220. Coordination.
Sec. 100221. Interagency coordination study.
Sec. 100222. Notice of flood insurance availability under RESPA.
Sec. 100223. Participation in State disaster claims mediation programs.
Sec. 100224. Oversight and expense reimbursements of insurance companies.
Sec. 100225. Mitigation.
Sec. 100226. Flood Protection Structure Accreditation Task Force.
Sec. 100227. Flood in progress determinations.
Sec. 100228. Clarification of residential and commercial coverage limits.
Sec. 100229. Local data requirement.
Sec. 100230. Eligibility for flood insurance for persons residing in communities that
have made adequate progress on the reconstruction or improvement of
a flood protection system.
Sec. 100231. Studies and reports.
Sec. 100232. Reinsurance.
Sec. 100233. GAO study on business interruption and additional living expenses
coverages.
Sec. 100234. Policy disclosures.
Sec. 100235. Report on inclusion of building codes in floodplain management criteria.
Sec. 100236. Study of participation and affordability for certain policyholders.
Sec. 100237. Study and report concerning the participation of Indian tribes and
members of Indian tribes in the National Flood Insurance Program.
Sec. 100238. Technical corrections.
Sec. 100239. Use of private insurance to satisfy mandatory purchase requirement.
Sec. 100240. Levees constructed on certain properties.
Sec. 100241. Insurance coverage for private properties affected by flooding from
Federal lands.
Sec. 100242. Permissible land use under Federal flood insurance plan.
Sec. 100243. CDBG eligibility for flood insurance outreach activities and community building code administration grants.
Sec. 100244. Termination of force-placed insurance.
Sec. 100245. FEMA authority on transfer of policies.
Sec. 100246. Reimbursement of certain expenses.
Sec. 100247. FIO study on risks, hazards, and insurance.
Sec. 100248. Flood protection improvements constructed on certain properties.
Sec. 100249. No cause of action.
Subtitle B—Alternative Loss Allocation
Sec. 100251. Short title.
Sec. 100252. Assessing and modeling named storms over coastal States.
Sec. 100253. Alternative loss allocation system for indeterminate claims.

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Subtitle C—HEARTH Act Amendment
Sec. 100261. HEARTH Act technical corrections.
TITLE III—STUDENT LOAN INTEREST RATE EXTENSION
Sec. 100301. Federal Direct Stafford Loan interest rate extension.
Sec. 100302. Eligibility for, and interest charges on, Federal Direct Stafford Loans
for new borrowers on or after July 1, 2013.
DIVISION G—SURFACE TRANSPORTATION EXTENSION
Sec. 110001. Short title.
TITLE I—FEDERAL-AID HIGHWAYS
Sec. 111001. Extension of Federal-aid highway programs.
TITLE II—EXTENSION OF HIGHWAY SAFETY PROGRAMS
Sec. 112001. Extension of National Highway Traffic Safety Administration highway
safety programs.
Sec. 112002. Extension of Federal Motor Carrier Safety Administration programs.
Sec. 112003. Additional programs.
TITLE III—PUBLIC TRANSPORTATION PROGRAMS
Sec. 113001. Allocation of funds for planning programs.
Sec. 113002. Special rule for urbanized area formula grants.
Sec. 113003. Allocating amounts for capital investment grants.
Sec. 113004. Apportionment of formula grants for other than urbanized areas.
Sec. 113005. Apportionment based on fixed guideway factors.
Sec. 113006. Authorizations for public transportation.
Sec. 113007. Amendments to SAFETEA–LU.
TITLE IV—EFFECTIVE DATE
Sec. 114001. Effective date.
DIVISION H—BUDGETARY EFFECTS
Sec. 120001. Budgetary effects.
SEC. 2. DEFINITIONS.

23 USC 101 note.

In this Act, the following definitions apply:
(1) DEPARTMENT.—The term ‘‘Department’’ means the
Department of Transportation.
(2) SECRETARY.—The term ‘‘Secretary’’ means the Secretary
of Transportation.

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SEC. 3. EFFECTIVE DATE.

(a) IN GENERAL.—Except as otherwise provided, divisions A,
B, C (other than sections 32603(d), 32603(g), 32912, and 34002
of that division) and E, including the amendments made by those
divisions, take effect on October 1, 2012.
(b) REFERENCES.—Except as otherwise provided, any reference
to the date of enactment of the MAP–21 or to the date of enactment
of the Federal Public Transportation Act of 2012 in the divisions
described in subsection (a) or in an amendment made by those
divisions shall be deemed to be a reference to the effective date
of those divisions.

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126 STAT. 414

PUBLIC LAW 112–141—JULY 6, 2012

DIVISION A—FEDERAL-AID HIGHWAYS
AND HIGHWAY SAFETY CONSTRUCTION PROGRAMS
TITLE I—FEDERAL-AID HIGHWAYS
Subtitle A—Authorizations and Programs

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SEC. 1101. AUTHORIZATION OF APPROPRIATIONS.

23 USC 101 note.

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(a) IN GENERAL.—The following sums 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 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, and to carry out section 134 of that title—
(A) $37,476,819,674 for fiscal year 2013; and
(B) $37,798,000,000 for fiscal year 2014.
(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—
(A) $750,000,000 for fiscal year 2013; and
(B) $1,000,000,000 for fiscal year 2014.
(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, $450,000,000 for each of fiscal years
2013 and 2014.
(B) FEDERAL LANDS TRANSPORTATION PROGRAM.—For
the Federal lands transportation program under section
203 of title 23, United States Code, $300,000,000 for each
of fiscal years 2013 and 2014, of which $240,000,000 of
the amount made available for each fiscal year shall be
the amount for the National Park Service and $30,000,000
of the amount made available for each fiscal year shall
be the amount for the United States Fish and Wildlife
Service.
(C) FEDERAL LANDS ACCESS PROGRAM.—For the Federal
lands access program under section 204 of title 23, United
States Code, $250,000,000 for each of fiscal years 2013
and 2014.
(4) TERRITORIAL AND PUERTO RICO HIGHWAY PROGRAM.—
For the territorial and Puerto Rico highway program under
section 165 of title 23, United States Code, $190,000,000 for
each of fiscal years 2013 and 2014.
(b) DISADVANTAGED BUSINESS ENTERPRISES.—
(1) FINDINGS.—Congress finds that—
(A) while significant progress has occurred due to the
establishment of the disadvantaged business enterprise

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PUBLIC LAW 112–141—JULY 6, 2012

126 STAT. 415

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;
(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, the following definitions apply:
(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 $22,410,000, 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 divisions A and B of this Act 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.

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126 STAT. 416

PUBLIC LAW 112–141—JULY 6, 2012
(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 (2) 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—
(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 divisions A and B of this Act
and section 403 of title 23, United States Code, if the entity
or person is prevented, in whole or in part, from complying
with paragraph (2) because a Federal court issues a final order
in which the court finds that a requirement or the implementation of paragraph (2) is unconstitutional.

Notification.

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23 USC 104 note.

SEC. 1102. OBLIGATION CEILING.

(a) GENERAL LIMITATION.—Subject to subsection (e), and notwithstanding any other provision of law, the obligations for Federalaid highway and highway safety construction programs shall not
exceed—
(1) $39,699,000,000 for fiscal year 2013; and
(2) $40,256,000,000 for fiscal year 2014.

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PUBLIC LAW 112–141—JULY 6, 2012

126 STAT. 417

(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 (but, for
each of fiscal years 2005 through 2011, 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; and
(12) section 119 of title 23, United States Code (but, for
each of fiscal years 2013 through 2014, 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 2013 through 2014, the Secretary—
(1) shall not distribute obligation authority provided by
subsection (a) for the fiscal year for—
(A) amounts authorized for administrative expenses
and programs by section 104(a) of title 23, United States
Code; and
(B) amounts authorized for the Bureau of Transportation Statistics;
(2) shall not distribute an amount of obligation authority
provided by subsection (a) that is equal to the unobligated
balance of amounts—
(A) made available from the Highway Trust Fund
(other than the Mass Transit Account) for 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 sections 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—

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Determination.

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126 STAT. 418

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Time period.

Contracts.

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PUBLIC LAW 112–141—JULY 6, 2012

(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 (11) 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)(12) for
the fiscal year), less the aggregate of the amounts not
distributed under paragraphs (1) and (2) of this subsection;
(4) shall distribute the obligation authority provided by
subsection (a), less the aggregate amounts not distributed under
paragraphs (1) and (2), for each of the programs (other than
programs to which paragraph (1) applies) that are allocated
by the Secretary under this Act and title 23, United States
Code, or apportioned by the Secretary under sections 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)(12) and the amounts
apportioned under section 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.
(d) REDISTRIBUTION OF UNUSED OBLIGATION AUTHORITY.—Notwithstanding subsection (c), the Secretary shall, after August 1
of each of fiscal years 2013 through 2014—
(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 this Act) 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

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PUBLIC LAW 112–141—JULY 6, 2012

126 STAT. 419

to contract authority for transportation research programs carried out under—
(A) chapter 5 of title 23, United States Code; and
(B) division E of this Act.
(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 2013 through 2014, 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(c) of title 23, United States Code.

Time period.

Deadline.

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SEC. 1103. DEFINITIONS.

(a) DEFINITIONS.—Section 101(a) of title 23, United States Code,
is amended—
(1) by striking paragraphs (6), (7), (9), (12), (19), (20),
(24), (25), (26), (28), (38), and (39);
(2) by redesignating paragraphs (2), (3), (4), (5), (8), (13),
(14), (15), (16), (17), (18), (21), (22), (23), (27), (29), (30), (31),
(32), (33), (34), (35), (36), and (37) as paragraphs (3), (4), (5),
(6), (9), (12), (13), (14), (15), (16), (17), (18), (19), (20), (21),
(22), (23), (24), (25), (26), (28), (29), (33), and (34), respectively;
(3) by inserting after paragraph (1) the following:
‘‘(2) ASSET MANAGEMENT.—The term ‘asset management’
means a strategic and systematic process of operating,
maintaining, and improving physical assets, with a focus on
both engineering and economic analysis based upon quality
information, to identify a structured sequence of maintenance,
preservation, repair, rehabilitation, and replacement actions
that will achieve and sustain a desired state of good repair
over the lifecycle of the assets at minimum practicable cost.’’;
(4) in paragraph (4) (as redesignated by paragraph (2))—
(A) in the matter preceding subparagraph (A), by
inserting ‘‘or any project eligible for assistance under this
title’’ after ‘‘of a highway’’;

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126 STAT. 420

PUBLIC LAW 112–141—JULY 6, 2012
(B) by striking subparagraph (A) and inserting the
following:
‘‘(A) preliminary engineering, engineering, and designrelated services directly relating to the construction of a
highway project, including engineering, design, project
development and management, construction project
management and inspection, surveying, mapping (including
the establishment of temporary and permanent geodetic
control in accordance with specifications of the National
Oceanic and Atmospheric Administration), and architectural-related services;’’;
(C) in subparagraph (B)—
(i) by inserting ‘‘reconstruction,’’ before ‘‘resurfacing’’; and
(ii) by striking ‘‘and rehabilitation’’ and inserting
‘‘rehabilitation, and preservation’’;
(D) in subparagraph (E) by striking ‘‘railway’’ and
inserting ‘‘railway-highway’’; and
(E) in subparagraph (F) by striking ‘‘obstacles’’ and
inserting ‘‘hazards’’;
(5) in paragraph (6) (as so redesignated)—
(A) by inserting ‘‘public’’ before ‘‘highway eligible’’; and
(B) by inserting ‘‘functionally’’ before ‘‘classified’’;
(6) by inserting after paragraph (6) (as so redesignated)
the following:
‘‘(7) FEDERAL LANDS ACCESS TRANSPORTATION FACILITY.—
The term ‘Federal Lands access transportation facility’ means
a public highway, road, bridge, trail, or transit system that
is located on, is adjacent to, or provides access to Federal
lands for which title or maintenance responsibility is vested
in a State, county, town, township, tribal, municipal, or local
government.
‘‘(8) FEDERAL LANDS TRANSPORTATION FACILITY.—The term
‘Federal lands transportation facility’ means a public highway,
road, bridge, trail, or transit system that is located on, is
adjacent to, or provides access to Federal lands for which title
and maintenance responsibility is vested in the Federal Government, and that appears on the national Federal lands transportation facility inventory described in section 203(c).’’;
(7) in paragraph (11)(B) by inserting ‘‘including public roads
on dams’’ after ‘‘drainage structure’’;
(8) in paragraph (14) (as so redesignated)—
(A) by striking ‘‘as a’’ and inserting ‘‘as an air quality’’;
and
(B) by inserting ‘‘air quality’’ before ‘‘attainment area’’;
(9) in paragraph (18) (as so redesignated) by striking ‘‘an
undertaking to construct a particular portion of a highway,
or if the context so implies, the particular portion of a highway
so constructed or any other undertaking’’ and inserting ‘‘any
undertaking’’;
(10) in paragraph (19) (as so redesignated)—
(A) by striking ‘‘the State transportation department
and’’; and
(B) by inserting ‘‘and the recipient’’ after ‘‘Secretary’’;
(11) by striking paragraph (23) (as so redesignated) and
inserting the following:

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PUBLIC LAW 112–141—JULY 6, 2012

126 STAT. 421

‘‘(23) SAFETY IMPROVEMENT PROJECT.—The term ‘safety
improvement project’ means a strategy, activity, or project on
a public road that is consistent with the State strategic highway
safety plan and corrects or improves a roadway feature that
constitutes a hazard to road users or addresses a highway
safety problem.’’;
(12) by inserting after paragraph (26) (as so redesignated)
the following:
‘‘(27) STATE STRATEGIC HIGHWAY SAFETY PLAN.—The term
‘State strategic highway safety plan’ has the same meaning
given such term in section 148(a).’’;
(13) by striking paragraph (29) (as so redesignated) and
inserting the following:
‘‘(29) TRANSPORTATION ALTERNATIVES.—The term ‘transportation alternatives’ means any of the following activities when
carried out as part of any program or project authorized or
funded under this title, or as an independent program or project
related to surface transportation:
‘‘(A) Construction, planning, and design of on-road and
off-road trail facilities for pedestrians, bicyclists, and other
nonmotorized forms of transportation, including sidewalks,
bicycle infrastructure, pedestrian and bicycle signals, traffic
calming techniques, lighting and other safety-related infrastructure, and transportation projects to achieve compliance with the Americans with Disabilities Act of 1990
(42 U.S.C. 12101 et seq.).
‘‘(B) Construction, planning, and design of infrastructure-related projects and systems that will provide safe
routes for non-drivers, including children, older adults, and
individuals with disabilities to access daily needs.
‘‘(C) Conversion and use of abandoned railroad corridors for trails for pedestrians, bicyclists, or other nonmotorized transportation users.
‘‘(D) Construction of turnouts, overlooks, and viewing
areas.
‘‘(E) Community improvement activities, including—
‘‘(i) inventory, control, or removal of outdoor advertising;
‘‘(ii) historic preservation and rehabilitation of historic transportation facilities;
‘‘(iii) vegetation management practices in transportation rights-of-way to improve roadway safety, prevent
against invasive species, and provide erosion control;
and
‘‘(iv) archaeological activities relating to impacts
from implementation of a transportation project eligible
under this title.
‘‘(F) Any environmental mitigation activity, including
pollution prevention and pollution abatement activities and
mitigation to—
‘‘(i) address stormwater management, control, and
water pollution prevention or abatement related to
highway construction or due to highway runoff,
including activities described in sections 133(b)(11),
328(a), and 329; or

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126 STAT. 422

PUBLIC LAW 112–141—JULY 6, 2012

‘‘(ii) reduce vehicle-caused wildlife mortality or to
restore and maintain connectivity among terrestrial
or aquatic habitats.’’; and
(14) by inserting after paragraph (29) (as so redesignated)
the following:
‘‘(30) TRANSPORTATION SYSTEMS MANAGEMENT AND OPERATIONS.—
‘‘(A) IN GENERAL.—The term ‘transportation systems
management and operations’ means integrated strategies
to optimize the performance of existing infrastructure
through the implementation of multimodal and intermodal,
cross-jurisdictional systems, services, and projects designed
to preserve capacity and improve security, safety, and reliability of the transportation system.
‘‘(B) INCLUSIONS.—The term ‘transportation systems
management and operations’ includes—
‘‘(i) actions such as traffic detection and surveillance, corridor management, freeway management,
arterial management, active transportation and
demand management, work zone management, emergency management, traveler information services,
congestion pricing, parking management, automated
enforcement, traffic control, commercial vehicle operations, freight management, and coordination of highway, rail, transit, bicycle, and pedestrian operations;
and
‘‘(ii) coordination of the implementation of regional
transportation system management and operations
investments (such as traffic incident management,
traveler information services, emergency management,
roadway weather management, intelligent transportation systems, communication networks, and information sharing systems) requiring agreements, integration, and interoperability to achieve targeted system
performance, reliability, safety, and customer service
levels.
‘‘(31) TRIBAL TRANSPORTATION FACILITY.—The term ‘tribal
transportation facility’ means a public highway, road, bridge,
trail, or transit system that is located on or provides access
to tribal land and appears on the national tribal transportation
facility inventory described in section 202(b)(1).
‘‘(32) TRUCK STOP ELECTRIFICATION SYSTEM.—The term
‘truck stop electrification system’ means a system that delivers
heat, air conditioning, electricity, or communications to a heavyduty vehicle.’’.
(b) SENSE OF CONGRESS.—Section 101(c) of title 23, United
States Code, is amended by striking ‘‘system’’ and inserting ‘‘highway’’.
SEC. 1104. NATIONAL HIGHWAY SYSTEM.

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(a) IN GENERAL.—Section 103 of title 23, United States Code,
is amended to read as follows:
‘‘§ 103. National Highway System
‘‘(a) IN GENERAL.—For the purposes of this title, the Federalaid system is the National Highway System, which includes the
Interstate System.

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PUBLIC LAW 112–141—JULY 6, 2012

126 STAT. 423

‘‘(b) NATIONAL HIGHWAY SYSTEM.—
‘‘(1) DESCRIPTION.—The National Highway System consists
of the highway routes and connections to transportation facilities that shall—
‘‘(A) serve major population centers, international
border crossings, ports, airports, public transportation
facilities, and other intermodal transportation facilities and
other major travel destinations;
‘‘(B) meet national defense requirements; and
‘‘(C) serve interstate and interregional travel and commerce.
‘‘(2) COMPONENTS.—The National Highway System
described in paragraph (1) consists of the following:
‘‘(A) The National Highway System depicted on the
map submitted by the Secretary of Transportation to Congress with the report entitled ‘Pulling Together: The
National Highway System and its Connections to Major
Intermodal Terminals’ and dated May 24, 1996, and modifications approved by the Secretary before the date of enactment of the MAP–21.
‘‘(B) Other urban and rural principal arterial routes,
and border crossings on those routes, that were not
included on the National Highway System before the date
of enactment of the MAP–21.
‘‘(C) Other connector highways (including toll facilities)
that were not included in the National Highway System
before the date of enactment of the MAP–21 but that
provide motor vehicle access between arterial routes on
the National Highway System and a major intermodal
transportation facility.
‘‘(D) A strategic highway network that—
‘‘(i) consists of a network of highways that are
important to the United States strategic defense policy,
that provide defense access, continuity, and emergency
capabilities for the movement of personnel, materials,
and equipment in both peacetime and wartime, and
that were not included on the National Highway
System before the date of enactment of the MAP–
21;
‘‘(ii) may include highways on or off the Interstate
System; and
‘‘(iii) shall be designated by the Secretary, in consultation with appropriate Federal agencies and the
States.
‘‘(E) Major strategic highway network connectors
that—
‘‘(i) consist of highways that provide motor vehicle
access between major military installations and highways that are part of the strategic highway network
but were not included on the National Highway System
before the date of enactment of the MAP–21; and
‘‘(ii) shall be designated by the Secretary, in consultation with appropriate Federal agencies and the
States.
‘‘(3) MODIFICATIONS TO NHS.—

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126 STAT. 424

PUBLIC LAW 112–141—JULY 6, 2012
‘‘(A) IN GENERAL.—The Secretary may make any modification, including any modification consisting of a connector to a major intermodal terminal, to the National
Highway System that is proposed by a State if the Secretary determines that the modification—
‘‘(i) meets the criteria established for the National
Highway System under this title after the date of
enactment of the MAP–21; and
‘‘(ii) enhances the national transportation
characteristics of the National Highway System.
‘‘(B) COOPERATION.—
‘‘(i) IN GENERAL.—In proposing a modification
under this paragraph, a State shall cooperate with
local and regional officials.
‘‘(ii) URBANIZED AREAS.—In an urbanized area, the
local officials shall act through the metropolitan planning organization designated for the area under section
134.
‘‘(c) INTERSTATE SYSTEM.—
‘‘(1) DESCRIPTION.—
‘‘(A) IN GENERAL.—The Dwight D. Eisenhower National
System of Interstate and Defense Highways within the
United States (including the District of Columbia and
Puerto Rico) consists of highways designed, located, and
selected in accordance with this paragraph.
‘‘(B) DESIGN.—
‘‘(i) IN GENERAL.—Except as provided in clause
(ii), highways on the Interstate System shall be
designed in accordance with the standards of section
109(b).
‘‘(ii) EXCEPTION.—Highways on the Interstate
System in Alaska and Puerto Rico shall be designed
in accordance with such geometric and construction
standards as are adequate for current and probable
future traffic demands and the needs of the locality
of the highway.
‘‘(C) LOCATION.—Highways on the Interstate System
shall be located so as—
‘‘(i) to connect by routes, as direct as practicable,
the principal metropolitan areas, cities, and industrial
centers;
‘‘(ii) to serve the national defense; and
‘‘(iii) to the maximum extent practicable, to connect
at suitable border points with routes of continental
importance in Canada and Mexico.
‘‘(D) SELECTION OF ROUTES.—To the maximum extent
practicable, each route of the Interstate System shall be
selected by joint action of the State transportation departments of the State in which the route is located and the
adjoining States, in cooperation with local and regional
officials, and subject to the approval of the Secretary.
‘‘(2) MAXIMUM MILEAGE.—The mileage of highways on the
Interstate System shall not exceed 43,000 miles, exclusive of
designations under paragraph (4).
‘‘(3) MODIFICATIONS.—The Secretary may approve or
require modifications to the Interstate System in a manner

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consistent with the policies and procedures established under
this subsection.
‘‘(4) INTERSTATE SYSTEM DESIGNATIONS.—
‘‘(A) ADDITIONS.—If the Secretary determines that a
highway on the National Highway System meets all standards of a highway on the Interstate System and that the
highway is a logical addition or connection to the Interstate
System, the Secretary may, upon the affirmative recommendation of the State or States in which the highway
is located, designate the highway as a route on the Interstate System.
‘‘(B) DESIGNATIONS AS FUTURE INTERSTATE SYSTEM
ROUTES.—
‘‘(i) IN GENERAL.—Subject to clauses (ii) through
(vi), if the Secretary determines that a highway on
the National Highway System would be a logical addition or connection to the Interstate System and would
qualify for designation as a route on the Interstate
System under subparagraph (A) if the highway met
all standards of a highway on the Interstate System,
the Secretary may, upon the affirmative recommendation of the State or States in which the highway is
located, designate the highway as a future Interstate
System route.
‘‘(ii) WRITTEN AGREEMENT.—A designation under
clause (i) shall be made only upon the written agreement of each State described in that clause that the
highway will be constructed to meet all standards of
a highway on the Interstate System by not later than
the date that is 25 years after the date of the agreement.
‘‘(iii) FAILURE TO COMPLETE CONSTRUCTION.—If a
State described in clause (i) has not substantially completed the construction of a highway designated under
this subparagraph by the date specified in clause (ii),
the Secretary shall remove the designation of the highway as a future Interstate System route.
‘‘(iv) EFFECT OF REMOVAL.—Removal of the designation of a highway under clause (iii) shall not preclude the Secretary from designating the highway as
a route on the Interstate System under subparagraph
(A) or under any other provision of law providing for
addition to the Interstate System.
‘‘(v)
RETROACTIVE
EFFECT.—An
agreement
described in clause (ii) that is entered into before
August 10, 2005, shall be deemed to include the 25year time limitation described in that clause, regardless of any earlier construction completion date in the
agreement.
‘‘(vi) REFERENCES.—No law, rule, regulation, map,
document, or other record of the United States, or
of any State or political subdivision of a State, shall
refer to any highway designated as a future Interstate
System route under this subparagraph, and no such
highway shall be signed or marked, as a highway
on the Interstate System, until such time as the highway—

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Determination.

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‘‘(I) is constructed to the geometric and
construction standards for the Interstate System;
and
‘‘(II) has been designated as a route on the
Interstate System.
‘‘(C) FINANCIAL RESPONSIBILITY.—Except as provided
in this title, the designation of a highway under this paragraph shall create no additional Federal financial responsibility with respect to the highway.
‘‘(5) EXEMPTION OF INTERSTATE SYSTEM.—
‘‘(A) IN GENERAL.—Except as provided in subparagraph
(B), the Interstate System shall not be considered to be
a historic site under section 303 of title 49 or section
138 of this title, regardless of whether the Interstate
System or portions or elements of the Interstate System
are listed on, or eligible for listing on, the National Register
of Historic Places.
‘‘(B) INDIVIDUAL ELEMENTS.—Subject to subparagraph
(C)—
‘‘(i) the Secretary shall determine, through the
administrative process established for exempting the
Interstate System from section 106 of the National
Historic Preservation Act (16 U.S.C. 470f), those individual elements of the Interstate System that possess
national or exceptional historic significance (such as
a historic bridge or a highly significant engineering
feature); and
‘‘(ii) those elements shall be considered to be historic sites under section 303 of title 49 or section
138 of this title, as applicable.
‘‘(C) CONSTRUCTION, MAINTENANCE, RESTORATION, AND
REHABILITATION ACTIVITIES.—Subparagraph (B) does not
prohibit a State from carrying out construction, maintenance, preservation, restoration, or rehabilitation activities
for a portion of the Interstate System referred to in
subparagraph (B) upon compliance with section 303 of title
49 or section 138 of this title, as applicable, and section
106 of the National Historic Preservation Act (16 U.S.C.
470f).’’.
(b) INCLUSION OF CERTAIN ROUTE SEGMENTS ON INTERSTATE
SYSTEM.—
(1) IN GENERAL.—Section 1105(e)(5)(A) of the Intermodal
Surface Transportation Efficiency Act of 1991 (105 Stat. 2031;
109 Stat. 597; 115 Stat. 872) is amended—
(A) in the first sentence, by striking ‘‘and in subsections
(c)(18) and (c)(20)’’ and inserting ‘‘, in subsections (c)(18)
and (c)(20), and in subparagraphs (A)(iii) and (B) of subsection (c)(26)’’; and
(B) in the second sentence, by striking ‘‘that the segment’’ and all that follows through the period and inserting
‘‘that the segment meets the Interstate System design
standards approved by the Secretary under section 109(b)
of title 23, United States Code, and is planned to connect
to an existing Interstate System segment by the date that
is 25 years after the date of enactment of the MAP–21.’’.
(2) ROUTE DESIGNATION.—Section 1105(e)(5)(C)(i) of the
Intermodal Surface Transportation Efficiency Act of 1991 (105

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Stat. 2032; 109 Stat. 598) is amended by adding at the end
the following: ‘‘The routes referred to subparagraphs (A)(iii)
and (B)(i) of subsection (c)(26) are designated as Interstate
Route I-11.’’.
(c) CONFORMING AMENDMENTS.—
(1) ANALYSIS.—The analysis for chapter 1 of title 23, United
States Code, is amended by striking the item relating to section
103 and inserting the following:
‘‘103. National Highway System.’’.

(2) SECTION 113.—Section 113 of title 23, United States
Code, is amended—
(A) in subsection (a) by striking ‘‘the Federal-aid systems’’ and inserting ‘‘Federal-aid highways’’; and
(B) in subsection (b), in the first sentence, by striking
‘‘of the Federal-aid systems’’ and inserting ‘‘Federal-aid
highway’’.
(3) SECTION 123.—Section 123(a) of title 23, United States
Code, is amended in the first sentence by striking ‘‘Federalaid system’’ and inserting ‘‘Federal-aid highway’’.
(4) SECTION 217.—Section 217(b) of title 23, United States
Code, is amended in the subsection heading by striking
‘‘NATIONAL HIGHWAY SYSTEM’’ and inserting ‘‘NATIONAL HIGHWAY PERFORMANCE PROGRAM’’.
(5) SECTION 304.—Section 304 of title 23, United States
Code, is amended in the first sentence by striking ‘‘the Federalaid highway systems’’ and inserting ‘‘Federal-aid highways’’.
(6) SECTION 317.—Section 317(d) of title 23, United States
Code, is amended by striking ‘‘system’’ and inserting ‘‘highway’’.
SEC. 1105. APPORTIONMENT.

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(a) IN GENERAL.—Section 104 of title 23, United States Code,
is amended to read as follows:
‘‘§ 104. Apportionment
‘‘(a) ADMINISTRATIVE EXPENSES.—
‘‘(1) IN GENERAL.—There are authorized to be appropriated
from the Highway Trust Fund (other than the Mass Transit
Account) to be made available to the Secretary for administrative expenses of the Federal Highway Administration—
‘‘(A) $454,180,326 for fiscal year 2013; and
‘‘(B) $440,000,000 for fiscal year 2014.
‘‘(2) PURPOSES.—The amounts authorized to be appropriated by this subsection shall be used—
‘‘(A) to administer the provisions of law to be funded
from appropriations for the Federal-aid highway program
and programs authorized under chapter 2;
‘‘(B) to make transfers of such sums as the Secretary
determines to be appropriate to the Appalachian Regional
Commission for administrative activities associated with
the Appalachian development highway system; and
‘‘(C) to reimburse, as appropriate, the Office of
Inspector General of the Department of Transportation
for the conduct of annual audits of financial statements
in accordance with section 3521 of title 31.
‘‘(3) AVAILABILITY.—The amounts made available under
paragraph (1) shall remain available until expended.

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PUBLIC LAW 112–141—JULY 6, 2012

‘‘(b) DIVISION OF STATE APPORTIONMENTS AMONG PROGRAMS.—
The Secretary shall distribute the amount apportioned to a State
for a fiscal year under subsection (c) among the national highway
performance program, the surface transportation program, the highway safety improvement program, and the congestion mitigation
and air quality improvement program, and to carry out section
134 as follows:
‘‘(1) NATIONAL HIGHWAY PERFORMANCE PROGRAM.—For the
national highway performance program, 63.7 percent of the
amount remaining after distributing amounts under paragraphs
(4) and (5).
‘‘(2) SURFACE TRANSPORTATION PROGRAM.—For the surface
transportation program, 29.3 percent of the amount remaining
after distributing amounts under paragraphs (4) and (5).
‘‘(3) HIGHWAY SAFETY IMPROVEMENT PROGRAM.—For the
highway safety improvement program, 7 percent of the amount
remaining after distributing amounts under paragraphs (4) and
(5).
‘‘(4) CONGESTION MITIGATION AND AIR QUALITY IMPROVEMENT PROGRAM.—For the congestion mitigation and air quality
improvement program, an amount determined by multiplying
the amount determined for the State under subsection (c) by
the proportion that—
‘‘(A) the amount apportioned to the State for the
congestion mitigation and air quality improvement program
for fiscal year 2009; bears to
‘‘(B) the total amount of funds apportioned to the State
for that fiscal year for the programs referred to in section
105(a)(2) (except for the high priority projects program
referred to in section 105(a)(2)(H)), as in effect on the
day before the date of enactment of the MAP–21.
‘‘(5) METROPOLITAN PLANNING.—To carry out section 134,
an amount determined by multiplying the amount determined
for the State under subsection (c) by the proportion that—
‘‘(A) the amount apportioned to the State to carry
out section 134 for fiscal year 2009; bears to
‘‘(B) the total amount of funds apportioned to the State
for that fiscal year for the programs referred to in section
105(a)(2) (except for the high priority projects program
referred to in section 105(a)(2)(H)), as in effect on the
day before the date of enactment of the MAP–21.
‘‘(c) CALCULATION OF STATE AMOUNTS.—
‘‘(1) FOR FISCAL YEAR 2013.—
‘‘(A) CALCULATION OF AMOUNT.—For fiscal year 2013,
the amount for each State of combined apportionments
for the national highway performance program under section 119, the surface transportation program under section
133, the highway safety improvement program under section 148, the congestion mitigation and air quality improvement program under section 149, and to carry out section
134 shall be equal to the combined amount of apportionments that the State received for fiscal year 2012.
‘‘(B) STATE APPORTIONMENT.—On October 1 of such
fiscal year, the Secretary shall apportion the sum authorized to be appropriated for expenditure on the national
highway performance program under section 119, the surface transportation program under section 133, the highway

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safety improvement program under section 148, the congestion mitigation and air quality improvement program under
section 149, and to carry out section 134 in accordance
with subparagraph (A).
‘‘(2) FOR FISCAL YEAR 2014.—
‘‘(A) STATE SHARE.—For fiscal year 2014, the amount
for each State of combined apportionments for the national
highway performance program under section 119, the surface transportation program under section 133, the highway
safety improvement program under section 148, the congestion mitigation and air quality improvement program under
section 149, and to carry out section 134 shall be determined as follows:
‘‘(i) INITIAL AMOUNT.—The initial amount for each
State shall be determined by multiplying the total
amount available for apportionment by the share for
each State which shall be equal to the proportion
that—
‘‘(I) the amount of apportionments that the
State received for fiscal year 2012; bears to
‘‘(II) the amount of those apportionments
received by all States for that fiscal year.
‘‘(ii) ADJUSTMENTS TO AMOUNTS.—The initial
amounts resulting from the calculation under clause
(i) shall be adjusted to ensure that, for each State,
the amount of combined apportionments for the programs shall not be less than 95 percent of the estimated tax payments attributable to highway users in
the State paid into the Highway Trust Fund (other
than the Mass Transit Account) in the most recent
fiscal year for which data are available.
‘‘(B) STATE APPORTIONMENT.—On October 1 of such
fiscal year, the Secretary shall apportion the sum authorized to be appropriated for expenditure on the national
highway performance program under section 119, the surface transportation program under section 133, the highway
safety improvement program under section 148, the congestion mitigation and air quality improvement program under
section 149, and to carry out section 134 in accordance
with subparagraph (A).
‘‘(d) METROPOLITAN PLANNING.—
‘‘(1) USE OF AMOUNTS.—
‘‘(A) USE.—
‘‘(i) IN GENERAL.—Except as provided in clause
(ii), the amounts apportioned to a State under subsection (b)(5) shall be made available by the State
to the metropolitan planning organizations responsible
for carrying out section 134 in the State.
‘‘(ii) STATES RECEIVING MINIMUM APPORTIONMENT.—A State that received the minimum apportionment for use in carrying out section 134 for fiscal
year 2009 may, subject to the approval of the Secretary,
use the funds apportioned under subsection (b)(5) to
fund transportation planning outside of urbanized
areas.

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126 STAT. 430

‘‘(B) UNUSED FUNDS.—Any funds that are not used
to carry out section 134 may be made available by a metropolitan planning organization to the State to fund activities
under section 135.
‘‘(2) DISTRIBUTION OF AMOUNTS WITHIN STATES.—
‘‘(A) IN GENERAL.—The distribution within any State
of the planning funds made available to organizations
under paragraph (1) shall be in accordance with a formula
that—
‘‘(i) is developed by each State and approved by
the Secretary; and
‘‘(ii) takes into consideration, at a minimum, population, status of planning, attainment of air quality
standards, metropolitan area transportation needs, and
other factors necessary to provide for an appropriate
distribution of funds to carry out section 134 and other
applicable requirements of Federal law.
‘‘(B) REIMBURSEMENT.—Not later than 15 business
days after the date of receipt by a State of a request
for reimbursement of expenditures made by a metropolitan
planning organization for carrying out section 134, the
State shall reimburse, from amounts distributed under this
paragraph to the metropolitan planning organization by
the State, the metropolitan planning organization for those
expenditures.
‘‘(3) DETERMINATION OF POPULATION FIGURES.—For the purpose of determining population figures under this subsection,
the Secretary shall use the latest available data from the decennial census conducted under section 141(a) of title 13, United
States Code.
‘‘(e) CERTIFICATION OF APPORTIONMENTS.—
‘‘(1) IN GENERAL.—The Secretary shall—
‘‘(A) on October 1 of each fiscal year, certify to each
of the State transportation departments the amount that
has been apportioned to the State under this section for
the fiscal year; and
‘‘(B) to permit the States to develop adequate plans
for the use of amounts apportioned under this section,
advise each State of the amount that will be apportioned
to the State under this section for a fiscal year not later
than 90 days before the beginning of the fiscal year for
which the sums to be apportioned are authorized.
‘‘(2) NOTICE TO STATES.—If the Secretary has not made
an apportionment under this section for a fiscal year beginning
after September 30, 1998, by not later than the date that
is the twenty-first day of that fiscal year, the Secretary shall
submit, by not later than that date, to the Committee on
Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works
of the Senate, a written statement of the reason for not making
the apportionment in a timely manner.
‘‘(3) APPORTIONMENT CALCULATIONS.—
‘‘(A) IN GENERAL.—The calculation of official apportionments of funds to the States under this title is a primary
responsibility of the Department and shall be carried out
only by employees (and not contractors) of the Department.

Deadline.

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‘‘(B) PROHIBITION ON USE OF FUNDS TO HIRE CONTRACTORS.—None of the funds made available under this title
shall be used to hire contractors to calculate the apportionments of funds to States.
‘‘(f) TRANSFER OF HIGHWAY AND TRANSIT FUNDS.—
‘‘(1) TRANSFER OF HIGHWAY FUNDS FOR TRANSIT PROJECTS.—
‘‘(A) IN GENERAL.—Subject to subparagraph (B),
amounts made available for transit projects or transportation planning under this title may be transferred to and
administered by the Secretary in accordance with chapter
53 of title 49.
‘‘(B) NON-FEDERAL SHARE.—The provisions of this title
relating to the non-Federal share shall apply to the
amounts transferred under subparagraph (A).
‘‘(2) TRANSFER OF TRANSIT FUNDS FOR HIGHWAY PROJECTS.—
‘‘(A) IN GENERAL.—Subject to subparagraph (B),
amounts made available for highway projects or transportation planning under chapter 53 of title 49 may be transferred to and administered by the Secretary in accordance
with this title.
‘‘(B) NON-FEDERAL SHARE.—The provisions of chapter
53 of title 49 relating to the non-Federal share shall apply
to amounts transferred under subparagraph (A).
‘‘(3) TRANSFER OF FUNDS AMONG STATES OR TO FEDERAL
HIGHWAY ADMINISTRATION.—
‘‘(A) IN GENERAL.—Subject to subparagraph (B), the
Secretary may, at the request of a State, transfer amounts
apportioned or allocated under this title to the State to
another State, or to the Federal Highway Administration,
for the purpose of funding 1 or more projects that are
eligible for assistance with amounts so apportioned or allocated.
‘‘(B) APPORTIONMENT.—The transfer shall have no
effect on any apportionment of amounts to a State under
this section.
‘‘(C) FUNDS SUBALLOCATED TO URBANIZED AREAS.—
Amounts that are apportioned or allocated to a State under
subsection (b)(3) (as in effect on the day before the date
of enactment of the MAP–21) or subsection (b)(2) and
attributed to an urbanized area of a State with a population
of more than 200,000 individuals under section 133(d) may
be transferred under this paragraph only if the metropolitan planning organization designated for the area concurs,
in writing, with the transfer request.
‘‘(4) TRANSFER OF OBLIGATION AUTHORITY.—Obligation
authority for amounts transferred under this subsection shall
be transferred in the same manner and amount as the amounts
for the projects that are transferred under this section.
‘‘(g) REPORT TO CONGRESS.—For each fiscal year, the Secretary
shall make available to the public, in a user-friendly format via
the Internet, a report that describes—
‘‘(1) the amount obligated, by each State, for Federal-aid
highways and highway safety construction programs during
the preceding fiscal year;
‘‘(2) the balance, as of the last day of the preceding fiscal
year, of the unobligated apportionment of each State by fiscal
year under this section;

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Applicability.

Public
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Web posting.

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‘‘(3) the balance of unobligated sums available for expenditure at the discretion of the Secretary for such highways and
programs for the fiscal year; and
‘‘(4) the rates of obligation of funds apportioned or set
aside under this section, according to—
‘‘(A) program;
‘‘(B) funding category of subcategory;
‘‘(C) type of improvement;
‘‘(D) State; and
‘‘(E) sub-State geographical area, including urbanized
and rural areas, on the basis of the population of each
such area.’’.
(b) CONFORMING AMENDMENT.—Section 146(a) of title 23,
United States Code, is amended by striking ‘‘sections 104(b)(l) and
104(b)(3)’’ and inserting ‘‘section 104(b)(2)’’.
SEC. 1106. NATIONAL HIGHWAY PERFORMANCE PROGRAM.

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(a) IN GENERAL.—Section 119 of title 23, United States Code,
is amended to read as follows:
‘‘§ 119. National highway performance program
‘‘(a) ESTABLISHMENT.—The Secretary shall establish and implement a national highway performance program under this section.
‘‘(b) PURPOSES.—The purposes of the national highway performance program shall be—
‘‘(1) to provide support for the condition and performance
of the National Highway System;
‘‘(2) to provide support for the construction of new facilities
on the National Highway System; and
‘‘(3) to ensure that investments of Federal-aid funds in
highway construction are directed to support progress toward
the achievement of performance targets established in an asset
management plan of a State for the National Highway System.
‘‘(c) ELIGIBLE FACILITIES.—Except as provided in subsection
(d), to be eligible for funding apportioned under section 104(b)(1)
to carry out this section, a facility shall be located on the National
Highway System, as defined in section 103.
‘‘(d) ELIGIBLE PROJECTS.—Funds apportioned to a State to carry
out the national highway performance program may be obligated
only for a project on an eligible facility that is—
‘‘(1)(A) a project or part of a program of projects supporting
progress toward the achievement of national performance goals
for improving infrastructure condition, safety, mobility, or
freight movement on the National Highway System; and
‘‘(B) consistent with sections 134 and 135; and
‘‘(2) for 1 or more of the following purposes:
‘‘(A) Construction, reconstruction, resurfacing, restoration, rehabilitation, preservation, or operational improvement of segments of the National Highway System.
‘‘(B) Construction, replacement (including replacement
with fill material), rehabilitation, preservation, and protection (including scour countermeasures, seismic retrofits,
impact protection measures, security countermeasures, and
protection against extreme events) of bridges on the
National Highway System.

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‘‘(C) Construction, replacement (including replacement
with fill material), rehabilitation, preservation, and protection (including impact protection measures, security
countermeasures, and protection against extreme events)
of tunnels on the National Highway System.
‘‘(D) Inspection and evaluation, as described in section
144, of bridges and tunnels on the National Highway
System, and inspection and evaluation of other highway
infrastructure assets on the National Highway System,
including signs and sign structures, earth retaining walls,
and drainage structures.
‘‘(E) Training of bridge and tunnel inspectors, as
described in section 144.
‘‘(F) Construction, rehabilitation, or replacement of
existing ferry boats and ferry boat facilities, including
approaches, that connect road segments of the National
Highway System.
‘‘(G) Construction, reconstruction, resurfacing, restoration, rehabilitation, and preservation of, and operational
improvements for, a Federal-aid highway not on the
National Highway System, and construction of a transit
project eligible for assistance under chapter 53 of title
49, if—
‘‘(i) the highway project or transit project is in
the same corridor as, and in proximity to, a fully
access-controlled highway designated as a part of the
National Highway System;
‘‘(ii) the construction or improvements will reduce
delays or produce travel time savings on the fully
access-controlled highway described in clause (i) and
improve regional traffic flow; and
‘‘(iii) the construction or improvements are more
cost-effective, as determined by benefit-cost analysis,
than an improvement to the fully access-controlled
highway described in clause (i).
‘‘(H) Bicycle transportation and pedestrian walkways
in accordance with section 217.
‘‘(I) Highway safety improvements for segments of the
National Highway System.
‘‘(J) Capital and operating costs for traffic and traveler
information monitoring, management, and control facilities
and programs.
‘‘(K) Development and implementation of a State asset
management plan for the National Highway System in
accordance with this section, including data collection,
maintenance, and integration and the cost associated with
obtaining, updating, and licensing software and equipment
required for risk-based asset management and performance-based management.
‘‘(L) Infrastructure-based intelligent transportation systems capital improvements.
‘‘(M) Environmental restoration and pollution abatement in accordance with section 328.
‘‘(N) Control of noxious weeds and aquatic noxious
weeds and establishment of native species in accordance
with section 329.

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‘‘(O) Environmental mitigation efforts related to
projects funded under this section, as described in subsection (g).
‘‘(P) Construction of publicly owned intracity or intercity bus terminals servicing the National Highway System.
‘‘(e) STATE PERFORMANCE MANAGEMENT.—
‘‘(1) IN GENERAL.—A State shall develop a risk-based asset
management plan for the National Highway System to improve
or preserve the condition of the assets and the performance
of the system.
‘‘(2) PERFORMANCE DRIVEN PLAN.—A State asset management plan shall include strategies leading to a program of
projects that would make progress toward achievement of the
State targets for asset condition and performance of the
National Highway System in accordance with section 150(d)
and supporting the progress toward the achievement of the
national goals identified in section 150(b).
‘‘(3) SCOPE.—In developing a risk-based asset management
plan, the Secretary shall encourage States to include all infrastructure assets within the right-of-way corridor in such plan.
‘‘(4) PLAN CONTENTS.—A State asset management plan
shall, at a minimum, be in a form that the Secretary determines
to be appropriate and include—
‘‘(A) a summary listing of the pavement and bridge
assets on the National Highway System in the State,
including a description of the condition of those assets;
‘‘(B) asset management objectives and measures;
‘‘(C) performance gap identification;
‘‘(D) lifecycle cost and risk management analysis;
‘‘(E) a financial plan; and
‘‘(F) investment strategies.
‘‘(5) REQUIREMENT FOR PLAN.—Notwithstanding section
120, with respect to the second fiscal year beginning after
the date of establishment of the process established in paragraph (8) or any subsequent fiscal year, if the Secretary determines that a State has not developed and implemented a State
asset management plan consistent with this section, the Federal
share payable on account of any project or activity carried
out by the State in that fiscal year under this section shall
be 65 percent.
‘‘(6) CERTIFICATION OF PLAN DEVELOPMENT PROCESS.—
‘‘(A) IN GENERAL.—Not later than 90 days after the
date on which a State submits a request for approval
of the process used by the State to develop the State
asset management plan for the National Highway System,
the Secretary shall—
‘‘(i) review the process; and
‘‘(ii)(I) certify that the process meets the requirements established by the Secretary; or
‘‘(II) deny certification and specify actions necessary for the State to take to correct deficiencies in
the State process.
‘‘(B) RECERTIFICATION.—Not less frequently than once
every 4 years, the Secretary shall review and recertify
that the process used by a State to develop and maintain
the State asset management plan for the National Highway

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System meets the requirements for the process, as established by the Secretary.
‘‘(C) OPPORTUNITY TO CURE.—If the Secretary denies
certification under subparagraph (A), the Secretary shall
provide the State with—
‘‘(i) not less than 90 days to cure the deficiencies
of the plan, during which time period all penalties
and other legal impacts of a denial of certification
shall be stayed; and
‘‘(ii) a written statement of the specific actions
the Secretary determines to be necessary for the State
to cure the plan.
‘‘(7) PERFORMANCE ACHIEVEMENT.—A State that does not
achieve or make significant progress toward achieving the targets of the State for performance measures described in section
150(d) for the National Highway System for 2 consecutive
reports submitted under this paragraph shall include in the
next report submitted a description of the actions the State
will undertake to achieve the targets.
‘‘(8) PROCESS.—Not later than 18 months after the date
of enactment of the MAP–21, the Secretary shall, by regulation
and in consultation with State departments of transportation,
establish the process to develop the State asset management
plan described in paragraph (1).
‘‘(f) INTERSTATE SYSTEM AND NHS BRIDGE CONDITIONS.—
‘‘(1) CONDITION OF INTERSTATE SYSTEM.—
‘‘(A) PENALTY.—If, during 2 consecutive reporting
periods, the condition of the Interstate System, excluding
bridges on the Interstate System, in a State falls below
the minimum condition level established by the Secretary
under section 150(c)(3), the State shall be required, during
the following fiscal year—
‘‘(i) to obligate, from the amounts apportioned to
the State under section 104(b)(1), an amount that is
not less than the amount of funds apportioned to the
State for fiscal year 2009 under the Interstate maintenance program for the purposes described in this section (as in effect on the day before the date of enactment of the MAP–21), except that for each year after
fiscal year 2013, the amount required to be obligated
under this clause shall be increased by 2 percent over
the amount required to be obligated in the previous
fiscal year; and
‘‘(ii) to transfer, from the amounts apportioned to
the State under section 104(b)(2) (other than amounts
suballocated to metropolitan areas and other areas
of the State under section 133(d)) to the apportionment
of the State under section 104(b)(1), an amount equal
to 10 percent of the amount of funds apportioned to
the State for fiscal year 2009 under the Interstate
maintenance program for the purposes described in
this section (as in effect on the day before the date
of enactment of the MAP–21).
‘‘(B) RESTORATION.—The obligation requirement for the
Interstate System in a State required by subparagraph
(A) for a fiscal year shall remain in effect for each subsequent fiscal year until such time as the condition of the

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Determination.
Time period.

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Interstate System in the State exceeds the minimum condition level established by the Secretary.
‘‘(2) CONDITION OF NHS BRIDGES.—
‘‘(A) PENALTY.—If the Secretary determines that, for
the 3-year-period preceding the date of the determination,
more than 10 percent of the total deck area of bridges
in the State on the National Highway System is located
on bridges that have been classified as structurally deficient, an amount equal to 50 percent of funds apportioned
to such State for fiscal year 2009 to carry out section
144 (as in effect the day before enactment of MAP–21)
shall be set aside from amounts apportioned to a State
for a fiscal year under section 104(b)(1) only for eligible
projects on bridges on the National Highway System.
‘‘(B) RESTORATION.—The set-aside requirement for
bridges on the National Highway System in a State under
subparagraph (A) for a fiscal year shall remain in effect
for each subsequent fiscal year until such time as less
than 10 percent of the total deck area of bridges in the
State on the National Highway System is located on bridges
that have been classified as structurally deficient, as determined by the Secretary.
‘‘(g) ENVIRONMENTAL MITIGATION.—
‘‘(1) ELIGIBLE ACTIVITIES.—In accordance with all applicable
Federal law (including regulations), environmental mitigation
efforts referred to in subsection (d)(2)(O) include participation
in natural habitat and wetlands mitigation efforts relating to
projects funded under this title, which may include—
‘‘(A) participation in mitigation banking or other thirdparty mitigation arrangements, such as—
‘‘(i) the purchase of credits from commercial mitigation banks;
‘‘(ii) the establishment and management of agencysponsored mitigation banks; and
‘‘(iii) the purchase of credits or establishment of
in-lieu fee mitigation programs;
‘‘(B) contributions to statewide and regional efforts to
conserve, restore, enhance, and create natural habitats and
wetlands; and
‘‘(C) the development of statewide and regional environmental protection plans, including natural habitat and wetland conservation and restoration plans.
‘‘(2) INCLUSION OF OTHER ACTIVITIES.—The banks, efforts,
and plans described in paragraph (1) include any such banks,
efforts, and plans developed in accordance with applicable law
(including regulations).
‘‘(3) TERMS AND CONDITIONS.—The following terms and
conditions apply to natural habitat and wetlands mitigation
efforts under this subsection:
‘‘(A) Contributions to the mitigation effort may—
‘‘(i) take place concurrent with, or in advance of,
commitment of funding under this title to a project
or projects; and
‘‘(ii) occur in advance of project construction only
if the efforts are consistent with all applicable requirements of Federal law (including regulations) and State
transportation planning processes.

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‘‘(B) Credits from any agency-sponsored mitigation
bank that are attributable to funding under this section
may be used only for projects funded under this title,
unless the agency pays to the Secretary an amount equal
to the Federal funds attributable to the mitigation bank
credits the agency uses for purposes other than mitigation
of a project funded under this title.
‘‘(4) PREFERENCE.—At the discretion of the project sponsor,
preference shall be given, to the maximum extent practicable,
to mitigating an environmental impact through the use of a
mitigation bank, in-lieu fee, or other third-party mitigation
arrangement, if the use of credits from the mitigation bank
or in-lieu fee, or the other third-party mitigation arrangement
for the project, is approved by the applicable Federal agency.’’.
(b) TRANSITION PERIOD.—
(1) IN GENERAL.—Except as provided in paragraph (2), until
such date as a State has in effect an approved asset management plan and has established performance targets as described
in sections 119 and 150 of title 23, United States Code, that
will contribute to achieving the national goals for the condition
and performance of the National Highway System, but not
later than 18 months after the date on which the Secretary
promulgates the final regulation required under section 150(c)
of that title, the Secretary shall approve obligations of funds
apportioned to a State to carry out the national highway
performance program under section 119 of that title, for projects
that otherwise meet the requirements of that section.
(2) EXTENSION.—The Secretary may extend the transition
period for a State under paragraph (1) if the Secretary determines that the State has made a good faith effort to establish
an asset management plan and performance targets referred
to in that paragraph.
(c) CONFORMING AMENDMENT.—The analysis for chapter 1 of
title 23, United States Code, is amended by striking the item
relating to section 119 and inserting the following:

23 USC 119 note.
Deadline.

‘‘119. National highway performance program.’’.
SEC. 1107. EMERGENCY RELIEF.

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Section 125 of title 23, United States Code, is amended to
read as follows:
‘‘§ 125. Emergency relief
‘‘(a) IN GENERAL.—Subject to this section and section 120, an
emergency fund is authorized for expenditure by the Secretary
for the repair or reconstruction of highways, roads, and trails,
in any area of the United States, including Indian reservations,
that the Secretary finds have suffered serious damage as a result
of—
‘‘(1) a natural disaster over a wide area, such as by a
flood, hurricane, tidal wave, earthquake, severe storm, or landslide; or
‘‘(2) catastrophic failure from any external cause.
‘‘(b) RESTRICTION ON ELIGIBILITY.—
‘‘(1) DEFINITION OF CONSTRUCTION PHASE.—In this subsection, the term ‘construction phase’ means the phase of physical construction of a highway or bridge facility that is separate
from any other identified phases, such as planning, design,

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126 STAT. 438

or right-of-way phases, in the State transportation improvement
program.
‘‘(2) RESTRICTION.—In no case shall funds be used under
this section for the repair or reconstruction of a bridge—
‘‘(A) that has been permanently closed to all vehicular
traffic by the State or responsible local official because
of imminent danger of collapse due to a structural deficiency or physical deterioration; or
‘‘(B) if a construction phase of a replacement structure
is included in the approved Statewide transportation
improvement program at the time of an event described
in subsection (a).
‘‘(c) FUNDING.—
‘‘(1) IN GENERAL.—Subject to the limitations described in
paragraph (2), there are authorized to be appropriated from
the Highway Trust Fund (other than the Mass Transit Account)
such sums as are necessary to establish the fund authorized
by this section and to replenish that fund on an annual basis.
‘‘(2) LIMITATIONS.—The limitations referred to in paragraph
(1) are that—
‘‘(A) not more than $100,000,000 is authorized to be
obligated in any 1 fiscal year commencing after September
30, 1980, to carry out this section, except that, if for any
fiscal year the total of all obligations under this section
is less than the amount authorized to be obligated for
the fiscal year, the unobligated balance of that amount
shall—
‘‘(i) remain available until expended; and
‘‘(ii) be in addition to amounts otherwise available
to carry out this section for each year; and
‘‘(B)(i) pending such appropriation or replenishment,
the Secretary may obligate from any funds appropriated
at any time for obligation in accordance with this title,
including existing Federal-aid appropriations, such sums
as are necessary for the immediate prosecution of the work
herein authorized; and
‘‘(ii) funds obligated under this subparagraph shall be
reimbursed from the appropriation or replenishment.
‘‘(d) ELIGIBILITY.—
‘‘(1) IN GENERAL.—The Secretary may expend funds from
the emergency fund authorized by this section only for the
repair or reconstruction of highways on Federal-aid highways
in accordance with this chapter, except that—
‘‘(A) no funds shall be so expended unless an emergency
has been declared by the Governor of the State with concurrence by the Secretary, unless the President has declared
the emergency to be a major disaster for the purposes
of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5121 et seq.) for which concurrence of the Secretary is not required; and
‘‘(B) the Secretary has received an application from
the State transportation department that includes a comprehensive list of all eligible project sites and repair costs
by not later than 2 years after the natural disaster or
catastrophic failure.
‘‘(2) COST LIMITATION.—

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126 STAT. 439

‘‘(A) DEFINITION OF COMPARABLE FACILITY.—In this
paragraph, the term ‘comparable facility’ means a facility
that meets the current geometric and construction standards required for the types and volume of traffic that
the facility will carry over its design life.
‘‘(B) LIMITATION.—The total cost of a project funded
under this section may not exceed the cost of repair or
reconstruction of a comparable facility.
‘‘(3) DEBRIS REMOVAL.—The costs of debris removal shall
be an eligible expense under this section only for—
‘‘(A) an event not declared a major disaster or emergency by the President under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121
et seq.); or
‘‘(B) an event declared a major disaster or emergency
by the President under that Act if the debris removal
is not eligible for assistance under section 403, 407, or
502 of that Act (42 U.S.C. 5170b, 5173, 5192).
‘‘(4) TERRITORIES.—The total obligations for projects under
this section for any fiscal year in the Virgin Islands, Guam,
American Samoa, and the Commonwealth of the Northern Mariana Islands shall not exceed $20,000,000.
‘‘(5) SUBSTITUTE TRAFFIC.—Notwithstanding any other
provision of this section, actual and necessary costs of maintenance and operation of ferryboats or additional transit service
providing temporary substitute highway traffic service, less
the amount of fares charged for comparable service, may be
expended from the emergency fund authorized by this section
for Federal-aid highways.
‘‘(e) TRIBAL TRANSPORTATION FACILITIES, FEDERAL LANDS
TRANSPORTATION FACILITIES, AND PUBLIC ROADS ON FEDERAL
LANDS.—
‘‘(1) DEFINITION OF OPEN TO PUBLIC TRAVEL.—In this subsection, the term ‘open to public travel’ means, with respect
to a road, that, except during scheduled periods, extreme
weather conditions, or emergencies, the road is open to the
general public for use with a standard passenger vehicle, without restrictive gates or prohibitive signs or regulations, other
than for general traffic control or restrictions based on size,
weight, or class of registration.
‘‘(2) EXPENDITURE OF FUNDS.—Notwithstanding subsection
(d)(1), the Secretary may expend funds from the emergency
fund authorized by this section, independently or in cooperation
with any other branch of the Federal Government, a State
agency, a tribal government, an organization, or a person, for
the repair or reconstruction of tribal transportation facilities,
Federal lands transportation facilities, and other federally
owned roads that are open to public travel, whether or not
those facilities are Federal-aid highways.
‘‘(3) REIMBURSEMENT.—
‘‘(A) IN GENERAL.—The Secretary may reimburse Federal and State agencies (including political subdivisions)
for expenditures made for projects determined eligible
under this section, including expenditures for emergency
repairs made before a determination of eligibility.
‘‘(B) TRANSFERS.—With respect to reimbursements
described in subparagraph (A)—

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‘‘(i) those reimbursements to Federal agencies and
Indian tribal governments shall be transferred to the
account from which the expenditure was made, or to
a similar account that remains available for obligation;
and
‘‘(ii) the budget authority associated with the
expenditure shall be restored to the agency from which
the authority was derived and shall be available for
obligation until the end of the fiscal year following
the year in which the transfer occurs.
‘‘(f) TREATMENT OF TERRITORIES.—For purposes of this section,
the Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands shall be considered to
be States and parts of the United States, and the chief executive
officer of each such territory shall be considered to be a Governor
of a State.
‘‘(g) PROTECTING PUBLIC SAFETY AND MAINTAINING ROADWAYS.—The Secretary may use not more than 5 percent of amounts
from the emergency fund authorized by this section to carry out
projects that the Secretary determines are necessary to protect
the public safety or to maintain or protect roadways that are
included within the scope of an emergency declaration by the Governor of the State or by the President, in accordance with this
section, and the Governor deems to be an ongoing concern in order
to maintain vehicular traffic on the roadway.’’.

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SEC. 1108. SURFACE TRANSPORTATION PROGRAM.

(a) ELIGIBLE PROJECTS.—Section 133(b) of title 23, United
States Code, is amended—
(1) in the matter preceding paragraph (1) by striking ‘‘section 104(b)(3)’’ and inserting ‘‘section 104(b)(2)’’;
(2) by striking paragraph (1);
(3) by redesignating paragraphs (2) through (15) as paragraphs (5) through (18), respectively;
(4) by inserting before paragraph (5) (as so redesignated)
the following:
‘‘(1) Construction, reconstruction, rehabilitation, resurfacing, restoration, preservation, or operational improvements
for highways, including construction of designated routes of
the Appalachian development highway system and local access
roads under section 14501 of title 40.
‘‘(2) Replacement (including replacement with fill material),
rehabilitation, preservation, protection (including painting,
scour countermeasures, seismic retrofits, impact protection
measures, security countermeasures, and protection against
extreme events) and application of calcium magnesium acetate,
sodium acetate/formate, or other environmentally acceptable,
minimally corrosive anti-icing and deicing compositions for
bridges (and approaches to bridges and other elevated structures) and tunnels on public roads of all functional classifications, including any such construction or reconstruction necessary to accommodate other transportation modes.
‘‘(3) Construction of a new bridge or tunnel at a new location on a Federal-aid highway.
‘‘(4) Inspection and evaluation of bridges and tunnels and
training of bridge and tunnel inspectors (as defined in section

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144), and inspection and evaluation of other highway assets
(including signs, retaining walls, and drainage structures).’’;
(5) by striking paragraph (6) (as so redesignated) and
inserting the following:
‘‘(6) Carpool projects, fringe and corridor parking facilities
and programs, including electric vehicle and natural gas vehicle
infrastructure in accordance with section 137, bicycle transportation and pedestrian walkways in accordance with section
217, and the modifications of public sidewalks to comply with
the Americans with Disabilities Act of 1990 (42 U.S.C. 12101
et seq.).’’;
(6) by striking paragraph (7) (as so redesignated) and
inserting the following:
‘‘(7) Highway and transit safety infrastructure improvements and programs, installation of safety barriers and nets
on bridges, hazard eliminations, projects to mitigate hazards
caused by wildlife, and railway-highway grade crossings.’’;
(7) in paragraph (11) (as so redesignated) by striking
‘‘enhancement activities’’ and inserting ‘‘alternatives’’;
(8) by striking paragraph (14) (as so redesignated) and
inserting the following:
‘‘(14) Environmental mitigation efforts relating to projects
funded under this title in the same manner and to the same
extent as such activities are eligible under section 119(g).’’;
and
(9) by inserting after paragraph (18) (as so redesignated)
the following:
‘‘(19) Projects and strategies designed to support congestion
pricing, including electric toll collection and travel demand
management strategies and programs.
‘‘(20) Recreational trails projects eligible for funding under
section 206.
‘‘(21) Construction of ferry boats and ferry terminal facilities eligible for funding under section 129(c).
‘‘(22) Border infrastructure projects eligible for funding
under section 1303 of the SAFETEA–LU (23 U.S.C. 101 note;
Public Law 109–59).
‘‘(23) Truck parking facilities eligible for funding under
section 1401 of the MAP–21.
‘‘(24) Development and implementation of a State asset
management plan for the National Highway System in accordance with section 119, including data collection, maintenance,
and integration and the costs associated with obtaining,
updating, and licensing software and equipment required for
risk based asset management and performance based management, and for similar activities related to the development
and implementation of a performance based management program for other public roads.
‘‘(25) A project that, if located within the boundaries of
a port terminal, includes only such surface transportation infrastructure modifications as are necessary to facilitate direct
intermodal interchange, transfer, and access into and out of
the port.
‘‘(26) Construction and operational improvements for any
minor collector if—
‘‘(A) the minor collector, and the project to be carried
out with respect to the minor collector, are in the same

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corridor as, and in proximity to, a Federal-aid highway
designated as part of the National Highway System;
‘‘(B) the construction or improvements will enhance
the level of service on the Federal-aid highway described
in subparagraph (A) and improve regional traffic flow; and
‘‘(C) the construction or improvements are more costeffective, as determined by a benefit-cost analysis, than
an improvement to the Federal-aid highway described in
subparagraph (A).’’.
(b) LOCATION OF PROJECTS.—Section 133 of title 23, United
States Code, is amended by striking subsection (c) and inserting
the following:
‘‘(c) LOCATION OF PROJECTS.—Surface transportation program
projects may not be undertaken on roads functionally classified
as local or rural minor collectors unless the roads were on a Federalaid highway system on January 1, 1991, except—
‘‘(1) as provided in subsection (g);
‘‘(2) for projects described in paragraphs (2), (4), (6), (7),
(11), (20), (25), and (26) of subsection (b); and
‘‘(3) as approved by the Secretary.’’.
(c) ALLOCATION OF APPORTIONED FUNDS.—Section 133 of the
title 23, United States Code, is amended by striking subsection
(d) and inserting the following:
‘‘(d) ALLOCATIONS OF APPORTIONED FUNDS TO AREAS BASED
ON POPULATION.—
‘‘(1) CALCULATION.—Of the funds apportioned to a State
under section 104(b)(2)—
‘‘(A) 50 percent for a fiscal year shall be obligated
under this section, in proportion to their relative shares
of the population of the State—
‘‘(i) in urbanized areas of the State with an urbanized area population of over 200,000;
‘‘(ii) in areas of the State other than urban areas
with a population greater than 5,000; and
‘‘(iii) in other areas of the State; and
‘‘(B) 50 percent may be obligated in any area of the
State.
‘‘(2) METROPOLITAN AREAS.—Funds attributed to an urbanized area under paragraph (1)(A)(i) may be obligated in the
metropolitan area established under section 134 that encompasses the urbanized area.
‘‘(3) CONSULTATION WITH REGIONAL TRANSPORTATION PLANNING ORGANIZATIONS.—For purposes of paragraph (1)(A)(ii),
before obligating funding attributed to an area with a population greater than 5,000 and less than 200,000, a State shall
consult with the regional transportation planning organizations
that represent the area, if any.
‘‘(4) DISTRIBUTION AMONG URBANIZED AREAS OF OVER 200,000
POPULATION.—
‘‘(A) IN GENERAL.—Except as provided in subparagraph
(B), the amount of funds that a State is required to obligate
under paragraph (1)(A)(i) shall be obligated in urbanized
areas described in paragraph (1)(A)(i) based on the relative
population of the areas.
‘‘(B) OTHER FACTORS.—The State may obligate the
funds described in subparagraph (A) based on other factors
if the State and the relevant metropolitan planning

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organizations jointly apply to the Secretary for the permission to base the obligation on other factors and the Secretary grants the request.
‘‘(5) APPLICABILITY OF PLANNING REQUIREMENTS.—Programming and expenditure of funds for projects under this section
shall be consistent with sections 134 and 135.’’.
(d) ADMINISTRATION.—Section 133 of title 23, United States
Code, is amended by striking subsection (e) and inserting the following:
‘‘(e) ADMINISTRATION.—
‘‘(1) SUBMISSION OF PROJECT AGREEMENT.—For each fiscal
year, each State shall submit a project agreement that—
‘‘(A) certifies that the State will meet all the requirements of this section; and
‘‘(B) notifies the Secretary of the amount of obligations
needed to carry out the program under this section.
‘‘(2) REQUEST FOR ADJUSTMENTS OF AMOUNTS.—Each State
shall request from the Secretary such adjustments to the
amount of obligations referred to in paragraph (1)(B) as the
State determines to be necessary.
‘‘(3) EFFECT OF APPROVAL BY THE SECRETARY.—Approval
by the Secretary of a project agreement under paragraph (1)
shall be deemed a contractual obligation of the United States
to pay surface transportation program funds made available
under this title.’’.
(e) OBLIGATION AUTHORITY.—Section 133(f)(1) of title 23, United
States Code, is amended by striking ‘‘2004 through 2006 and the
period of fiscal years 2007 through 2009’’ and inserting ‘‘2011
through 2014’’.
(f) BRIDGES NOT ON FEDERAL-AID HIGHWAYS.—Section 133 of
the title 23, United States Code, is amended by adding at the
end the following:
‘‘(g) BRIDGES NOT ON FEDERAL-AID HIGHWAYS.—
‘‘(1) DEFINITION OF OFF-SYSTEM BRIDGE.—In this subsection,
the term ‘off-system bridge’ means a highway bridge located
on a public road, other than a bridge on a Federal-aid highway.
‘‘(2) SPECIAL RULE.—
‘‘(A) SET-ASIDE.—Of the amounts apportioned to a State
for fiscal year 2013 and each fiscal year thereafter under
this section, the State shall obligate for activities described
in subsection (b)(2) for off-system bridges an amount that
is not less than 15 percent of the amount of funds apportioned to the State for the highway bridge program for
fiscal year 2009, except that amounts allocated under subsection (d) shall not be obligated to carry out this subsection.
‘‘(B) REDUCTION OF EXPENDITURES.—The Secretary,
after consultation with State and local officials, may reduce
the requirement for expenditures for off-system bridges
under subparagraph (A) with respect to the State if the
Secretary determines that the State has inadequate needs
to justify the expenditure.
‘‘(3) CREDIT FOR BRIDGES NOT ON FEDERAL-AID HIGHWAYS.—
Notwithstanding any other provision of law, with respect to
any project not on a Federal-aid highway for the replacement
of a bridge or rehabilitation of a bridge that is wholly funded
from State and local sources, is eligible for Federal funds under

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this section, is noncontroversial, is certified by the State to
have been carried out in accordance with all standards
applicable to such projects under this section, and is determined
by the Secretary upon completion to be no longer a deficient
bridge—
‘‘(A) any amount expended after the date of enactment
of this subsection from State and local sources for the
project in excess of 20 percent of the cost of construction
of the project may be credited to the non-Federal share
of the cost of other bridge projects in the State that are
eligible for Federal funds under this section; and
‘‘(B) that crediting shall be conducted in accordance
with procedures established by the Secretary.
‘‘(h) SPECIAL RULE FOR AREAS OF LESS THAN 5,000 POPULATION.—
‘‘(1) SPECIAL RULE.—Notwithstanding subsection (c), and
except as provided in paragraph (2), up to 15 percent of the
amounts required to be obligated by a State under subsection
(d)(1)(A)(iii) for each of fiscal years 2013 through 2014 may
be obligated on roads functionally classified as minor collectors.
‘‘(2) SUSPENSION.—The Secretary may suspend the application of paragraph (1) with respect to a State if the Secretary
determines that the authority provided under paragraph (1)
is being used excessively by the State.’’.
SEC. 1109. WORKFORCE DEVELOPMENT.

(a) ON-THE-JOB TRAINING.—Section 140(b) of title 23, United
States Code, is amended—
(1) in the second sentence, by striking ‘‘Whenever apportionments are made under section 104(b)(3) of this title,’’ and
inserting ‘‘From administrative funds made available under
section 104(a),’’; and
(2) in the fourth sentence, by striking ‘‘and the bridge
program under section 144’’.
(b) DISADVANTAGED BUSINESS ENTERPRISE.—Section 140(c) of
title 23, United States Code, is amended in the second sentence
by striking ‘‘Whenever apportionments are made under section
104(b)(3),’’ and inserting ‘‘From administrative funds made available
under section 104(a),’’.

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SEC. 1110. HIGHWAY USE TAX EVASION PROJECTS.

Section 143 of title 23, United States Code, is amended—
(1) in subsection (b)—
(A) by striking paragraph (2) and inserting the following:
‘‘(2) FUNDING.—
‘‘(A) IN GENERAL.—From administrative funds made
available under section 104(a), the Secretary shall deduct
such sums as are necessary, not to exceed $10,000,000
for each of fiscal years 2013 and 2014, to carry out this
section.
‘‘(B) ALLOCATION OF FUNDS.—Funds made available
to carry out this section may be allocated to the Internal
Revenue Service and the States at the discretion of the
Secretary, except that of funds so made available for each
fiscal year, $2,000,000 shall be available only to carry
out intergovernmental enforcement efforts, including
research and training.’’; and

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(B) in paragraph (8) by striking ‘‘section 104(b)(3)’’
and inserting ‘‘section 104(b)(2)’’; and
(2) in subsection (c)(3) by striking ‘‘for each of fiscal years
2005 through 2009,’’ and inserting ‘‘for each fiscal year,’’.
SEC. 1111. NATIONAL BRIDGE AND TUNNEL INVENTORY AND INSPECTION STANDARDS.

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(a) IN GENERAL.—Section 144 of title 23, United States Code,
is amended to read as follows:
‘‘§ 144. National bridge and tunnel inventory and inspection
standards
‘‘(a) FINDINGS AND DECLARATIONS.—
‘‘(1) FINDINGS.—Congress finds that—
‘‘(A) the condition of the bridges of the United States
has improved since the date of enactment of the Transportation Equity Act for the 21st Century (Public Law 105–
178; 112 Stat. 107), yet continued improvement to bridge
conditions is essential to protect the safety of the traveling
public and allow for the efficient movement of people and
goods on which the economy of the United States relies;
and
‘‘(B) the systematic preventative maintenance of
bridges, and replacement and rehabilitation of deficient
bridges, should be undertaken through an overall asset
management approach to transportation investment.
‘‘(2) DECLARATIONS.—Congress declares that it is in the
vital interest of the United States—
‘‘(A) to inventory, inspect, and improve the condition
of the highway bridges and tunnels of the United States;
‘‘(B) to use a data-driven, risk-based approach and
cost-effective strategy for systematic preventative maintenance, replacement, and rehabilitation of highway bridges
and tunnels to ensure safety and extended service life;
‘‘(C) to use performance-based bridge management systems to assist States in making timely investments;
‘‘(D) to ensure accountability and link performance outcomes to investment decisions; and
‘‘(E) to ensure connectivity and access for residents
of rural areas of the United States through strategic investments in National Highway System bridges and bridges
on all public roads.
‘‘(b) NATIONAL BRIDGE AND TUNNEL INVENTORIES.—The Secretary, in consultation with the States and Federal agencies with
jurisdiction over highway bridges and tunnels, shall—
‘‘(1) inventory all highway bridges on public roads, on and
off Federal-aid highways, including tribally owned and Federally owned bridges, that are bridges over waterways, other
topographical barriers, other highways, and railroads;
‘‘(2) inventory all tunnels on public roads, on and off Federal-aid highways, including tribally owned and Federally
owned tunnels;
‘‘(3) classify the bridges according to serviceability, safety,
and essentiality for public use, including the potential impacts
to emergency evacuation routes and to regional and national
freight and passenger mobility if the serviceability of the bridge
is restricted or diminished;

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‘‘(4) based on that classification, assign each a risk-based
priority for systematic preventative maintenance, replacement,
or rehabilitation; and
‘‘(5) determine the cost of replacing each structurally deficient bridge identified under this subsection with a comparable
facility or the cost of rehabilitating the bridge.
‘‘(c) GENERAL BRIDGE AUTHORITY.—
‘‘(1) IN GENERAL.—Except as provided in paragraph (2)
and notwithstanding any other provision of law, the General
Bridge Act of 1946 (33 U.S.C. 525 et seq.) shall apply to bridges
authorized to be replaced, in whole or in part, by this title.
‘‘(2) EXCEPTION.—Section 502(b) of the General Bridge Act
of 1946 (33 U.S.C. 525(b)) and section 9 of the Act of March
3, 1899 (33 U.S.C. 401), shall not apply to any bridge constructed, reconstructed, rehabilitated, or replaced with assistance under this title, if the bridge is over waters that—
‘‘(A) are not used and are not susceptible to use in
the natural condition of the bridge or by reasonable
improvement as a means to transport interstate or foreign
commerce; and
‘‘(B) are—
‘‘(i) not tidal; or
‘‘(ii) if tidal, used only by recreational boating,
fishing, and other small vessels that are less than
21 feet in length.
‘‘(d) INVENTORY UPDATES AND REPORTS.—
‘‘(1) IN GENERAL.—The Secretary shall—
‘‘(A) annually revise the inventories authorized by subsection (b); and
‘‘(B) submit to the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Environment and Public Works of the Senate
a report on the inventories.
‘‘(2) INSPECTION REPORT.—Not later than 2 years after the
date of enactment of the MAP–21, each State and appropriate
Federal agency shall report element level data to the Secretary,
as each bridge is inspected pursuant to this section, for all
highway bridges on the National Highway System.
‘‘(3) GUIDANCE.—The Secretary shall provide guidance to
States and Federal agencies for implementation of this subsection, while respecting the existing inspection schedule of
each State.
‘‘(4) BRIDGES NOT ON NATIONAL HIGHWAY SYSTEM.—The
Secretary shall—
‘‘(A) conduct a study on the benefits, cost-effectiveness,
and feasibility of requiring element-level data collection
for bridges not on the National Highway System; and
‘‘(B) submit to the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Environment and Public Works of the Senate
a report on the results of the study.
‘‘(e) BRIDGES WITHOUT TAXING POWERS.—
‘‘(1) IN GENERAL.—Notwithstanding any other provision of
law, any bridge that is owned and operated by an agency
that does not have taxing powers and whose functions include
operating a federally assisted public transit system subsidized
by toll revenues shall be eligible for assistance under this

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title, but the amount of such assistance shall in no event
exceed the cumulative amount which such agency has expended
for capital and operating costs to subsidize such transit system.
‘‘(2) INSUFFICIENT ASSETS.—Before authorizing an expenditure of funds under this subsection, the Secretary shall determine that the applicant agency has insufficient reserves, surpluses, and projected revenues (over and above those required
for bridge and transit capital and operating costs) to fund
the bridge project or activity eligible for assistance under this
title.
‘‘(3) CREDITING OF NON-FEDERAL FUNDS.—Any non-Federal
funds expended for the seismic retrofit of the bridge may be
credited toward the non-Federal share required as a condition
of receipt of any Federal funds for seismic retrofit of the bridge
made available after the date of the expenditure.
‘‘(f) REPLACEMENT OF DESTROYED BRIDGES AND FERRY BOAT
SERVICE.—
‘‘(1) IN GENERAL.—Notwithstanding any other provision of
law, a State may use the funds apportioned under section
104(b)(2) to construct any bridge that replaces—
‘‘(A) any low water crossing (regardless of the length
of the low water crossing);
‘‘(B) any bridge that was destroyed prior to January
1, 1965;
‘‘(C) any ferry that was in existence on January 1,
1984; or
‘‘(D) any road bridge that is rendered obsolete as a
result of a Corps of Engineers flood control or channelization project and is not rebuilt with funds from the Corps
of Engineers.
‘‘(2) FEDERAL SHARE.—The Federal share payable on any
bridge construction carried out under paragraph (1) shall be
80 percent of the cost of the construction.
‘‘(g) HISTORIC BRIDGES.—
‘‘(1) DEFINITION OF HISTORIC BRIDGE.—In this subsection,
the term ‘historic bridge’ means any bridge that is listed on,
or eligible for listing on, the National Register of Historic
Places.
‘‘(2) COORDINATION.—The Secretary shall, in cooperation
with the States, encourage the retention, rehabilitation,
adaptive reuse, and future study of historic bridges.
‘‘(3) STATE INVENTORY.—The Secretary shall require each
State to complete an inventory of all bridges on and off Federalaid highways to determine the historic significance of the
bridges.
‘‘(4) ELIGIBILITY.—
‘‘(A) IN GENERAL.—Subject to subparagraph (B), reasonable costs associated with actions to preserve, or reduce
the impact of a project under this chapter on, the historic
integrity of a historic bridge shall be eligible as reimbursable project costs under section 133 if the load capacity
and safety features of the historic bridge are adequate
to serve the intended use for the life of the historic bridge.
‘‘(B) BRIDGES NOT USED FOR VEHICLE TRAFFIC.—In the
case of a historic bridge that is no longer used for motorized
vehicular traffic, the costs eligible as reimbursable project

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costs pursuant to this chapter shall not exceed the estimated cost of demolition of the historic bridge.
‘‘(5) PRESERVATION.—Any State that proposes to demolish
a historic bridge for a replacement project with funds made
available to carry out this section shall first make the historic
bridge available for donation to a State, locality, or responsible
private entity if the State, locality, or responsible entity enters
into an agreement—
‘‘(A) to maintain the bridge and the features that give
the historic bridge its historic significance; and
‘‘(B) to assume all future legal and financial responsibility for the historic bridge, which may include an agreement to hold the State transportation department harmless
in any liability action.
‘‘(6) COSTS INCURRED.—
‘‘(A) IN GENERAL.—Costs incurred by the State to preserve a historic bridge (including funds made available
to the State, locality, or private entity to enable it to
accept the bridge) shall be eligible as reimbursable project
costs under this chapter in an amount not to exceed the
cost of demolition.
‘‘(B) ADDITIONAL FUNDING.—Any bridge preserved
pursuant to this paragraph shall not be eligible for any
other funds authorized pursuant to this title.
‘‘(h) NATIONAL BRIDGE AND TUNNEL INSPECTION STANDARDS.—
‘‘(1) REQUIREMENT.—
‘‘(A) IN GENERAL.—The Secretary shall establish and
maintain inspection standards for the proper inspection
and evaluation of all highway bridges and tunnels for safety
and serviceability.
‘‘(B) UNIFORMITY.—The standards under this subsection shall be designed to ensure uniformity of the inspections and evaluations.
‘‘(2) MINIMUM REQUIREMENTS OF INSPECTION STANDARDS.—
The standards established under paragraph (1) shall, at a minimum—
‘‘(A) specify, in detail, the method by which the inspections shall be carried out by the States, Federal agencies,
and tribal governments;
‘‘(B) establish the maximum time period between
inspections;
‘‘(C) establish the qualifications for those charged with
carrying out the inspections;
‘‘(D) require each State, Federal agency, and tribal
government to maintain and make available to the Secretary on request—
‘‘(i) written reports on the results of highway
bridge and tunnel inspections and notations of any
action taken pursuant to the findings of the inspections; and
‘‘(ii) current inventory data for all highway bridges
and tunnels reflecting the findings of the most recent
highway bridge and tunnel inspections conducted; and
‘‘(E) establish a procedure for national certification of
highway bridge inspectors and tunnel inspectors.
‘‘(3) STATE COMPLIANCE WITH INSPECTION STANDARDS.—The
Secretary shall, at a minimum—

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‘‘(A) establish, in consultation with the States, Federal
agencies, and interested and knowledgeable private
organizations and individuals, procedures to conduct
reviews of State compliance with—
‘‘(i) the standards established under this subsection; and
‘‘(ii) the calculation or reevaluation of bridge load
ratings; and
‘‘(B) establish, in consultation with the States, Federal
agencies, and interested and knowledgeable private
organizations and individuals, procedures for States to follow in reporting to the Secretary—
‘‘(i) critical findings relating to structural or safetyrelated deficiencies of highway bridges and tunnels;
and
‘‘(ii) monitoring activities and corrective actions
taken in response to a critical finding described in
clause (i).
‘‘(4) REVIEWS OF STATE COMPLIANCE.—
‘‘(A) IN GENERAL.—The Secretary shall annually review
State compliance with the standards established under this
section.
‘‘(B) NONCOMPLIANCE.—If an annual review in accordance with subparagraph (A) identifies noncompliance by
a State, the Secretary shall—
‘‘(i) issue a report detailing the issues of the noncompliance by December 31 of the calendar year in
which the review was made; and
‘‘(ii) provide the State an opportunity to address
the noncompliance by—
‘‘(I) developing a corrective action plan to
remedy the noncompliance; or
‘‘(II) resolving the issues of noncompliance not
later than 45 days after the date of notification.
‘‘(5) PENALTY FOR NONCOMPLIANCE.—
‘‘(A) IN GENERAL.—If a State fails to satisfy the requirements of paragraph (4)(B) by August 1 of the calendar
year following the year of a finding of noncompliance, the
Secretary shall, on October 1 of that year, and each year
thereafter as may be necessary, require the State to dedicate funds apportioned to the State under sections 119
and 133 after the date of enactment of the MAP–21 to
correct the noncompliance with the minimum inspection
standards established under this subsection.
‘‘(B) AMOUNT.—The amount of the funds to be directed
to correcting noncompliance in accordance with subparagraph (A) shall—
‘‘(i) be determined by the State based on an analysis of the actions needed to address the noncompliance; and
‘‘(ii) require approval by the Secretary.
‘‘(6) UPDATE OF STANDARDS.—Not later than 3 years after
the date of enactment of the MAP–21, the Secretary shall
update inspection standards to cover—
‘‘(A) the methodology, training, and qualifications for
inspectors; and
‘‘(B) the frequency of inspection.

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‘‘(7) RISK-BASED APPROACH.—In carrying out the revisions
required by paragraph (6), the Secretary shall consider a riskbased approach to determining the frequency of bridge inspections.
‘‘(i) TRAINING PROGRAM FOR BRIDGE AND TUNNEL INSPECTORS.—
‘‘(1) IN GENERAL.—The Secretary, in cooperation with the
State transportation departments, shall maintain a program
designed to train appropriate personnel to carry out highway
bridge and tunnel inspections.
‘‘(2) REVISIONS.—The training program shall be revised
from time to time to take into account new and improved
techniques.
‘‘(j) AVAILABILITY OF FUNDS.—In carrying out this section—
‘‘(1) the Secretary may use funds made available to the
Secretary under sections 104(a) and 503;
‘‘(2) a State may use amounts apportioned to the State
under section 104(b)(1) and 104(b)(3);
‘‘(3) an Indian tribe may use funds made available to the
Indian tribe under section 202; and
‘‘(4) a Federal agency may use funds made available to
the agency under section 503.’’.
(b) CONFORMING AMENDMENT.—The analysis for chapter 1 of
title 23, United States Code, is amended by striking the item
relating to section 144 and inserting the following:
‘‘144. National bridge and tunnel inventory and inspection standards.’’.
SEC. 1112. HIGHWAY SAFETY IMPROVEMENT PROGRAM.

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(a) IN GENERAL.—Section 148 of title 23, United States Code,
is amended to read as follows:
‘‘§ 148. Highway safety improvement program
‘‘(a) DEFINITIONS.—In this section, the following definitions
apply:
‘‘(1) HIGH RISK RURAL ROAD.—The term ‘high risk rural
road’ means any roadway functionally classified as a rural
major or minor collector or a rural local road with significant
safety risks, as defined by a State in accordance with an
updated State strategic highway safety plan.
‘‘(2) HIGHWAY BASEMAP.—The term ‘highway basemap’
means a representation of all public roads that can be used
to geolocate attribute data on a roadway.
‘‘(3) HIGHWAY SAFETY IMPROVEMENT PROGRAM.—The term
‘highway safety improvement program’ means projects, activities, plans, and reports carried out under this section.
‘‘(4) HIGHWAY SAFETY IMPROVEMENT PROJECT.—
‘‘(A) IN GENERAL.—The term ‘highway safety improvement project’ means strategies, activities, and projects on
a public road that are consistent with a State strategic
highway safety plan and—
‘‘(i) correct or improve a hazardous road location
or feature; or
‘‘(ii) address a highway safety problem.
‘‘(B) INCLUSIONS.—The term ‘highway safety improvement project’ includes, but is not limited to, a project for
1 or more of the following:
‘‘(i) An intersection safety improvement.

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‘‘(ii) Pavement and shoulder widening (including
addition of a passing lane to remedy an unsafe condition).
‘‘(iii) Installation of rumble strips or another
warning device, if the rumble strips or other warning
devices do not adversely affect the safety or mobility
of bicyclists and pedestrians, including persons with
disabilities.
‘‘(iv) Installation of a skid-resistant surface at an
intersection or other location with a high frequency
of crashes.
‘‘(v) An improvement for pedestrian or bicyclist
safety or safety of persons with disabilities.
‘‘(vi) Construction and improvement of a railwayhighway grade crossing safety feature, including
installation of protective devices.
‘‘(vii) The conduct of a model traffic enforcement
activity at a railway-highway crossing.
‘‘(viii) Construction of a traffic calming feature.
‘‘(ix) Elimination of a roadside hazard.
‘‘(x) Installation, replacement, and other improvement of highway signage and pavement markings, or
a project to maintain minimum levels of
retroreflectivity, that addresses a highway safety
problem consistent with a State strategic highway
safety plan.
‘‘(xi) Installation of a priority control system for
emergency vehicles at signalized intersections.
‘‘(xii) Installation of a traffic control or other
warning device at a location with high crash potential.
‘‘(xiii) Transportation safety planning.
‘‘(xiv) Collection, analysis, and improvement of
safety data.
‘‘(xv) Planning integrated interoperable emergency
communications equipment, operational activities, or
traffic enforcement activities (including police assistance) relating to work zone safety.
‘‘(xvi) Installation of guardrails, barriers (including
barriers between construction work zones and traffic
lanes for the safety of road users and workers), and
crash attenuators.
‘‘(xvii) The addition or retrofitting of structures
or other measures to eliminate or reduce crashes
involving vehicles and wildlife.
‘‘(xviii) Installation of yellow-green signs and signals at pedestrian and bicycle crossings and in school
zones.
‘‘(xix) Construction and operational improvements
on high risk rural roads.
‘‘(xx) Geometric improvements to a road for safety
purposes that improve safety.
‘‘(xxi) A road safety audit.
‘‘(xxii) Roadway safety infrastructure improvements consistent with the recommendations included
in the publication of the Federal Highway Administration entitled ‘Highway Design Handbook for Older

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Drivers and Pedestrians’ (FHWA–RD–01–103), dated
May 2001 or as subsequently revised and updated.
‘‘(xxiii) Truck parking facilities eligible for funding
under section 1401 of the MAP–21.
‘‘(xxiv) Systemic safety improvements.
‘‘(5) MODEL INVENTORY OF ROADWAY ELEMENTS.—The term
‘model inventory of roadway elements’ means the listing and
standardized coding by the Federal Highway Administration
of roadway and traffic data elements critical to safety management, analysis, and decisionmaking.
‘‘(6) PROJECT TO MAINTAIN MINIMUM LEVELS OF
RETROREFLECTIVITY.—The term ‘project to maintain minimum
levels of retroreflectivity’ means a project that is designed to
maintain a highway sign or pavement marking retroreflectivity
at or above the minimum levels prescribed in Federal or State
regulations.
‘‘(7) ROAD SAFETY AUDIT.—The term ‘road safety audit’
means a formal safety performance examination of an existing
or future road or intersection by an independent multidisciplinary audit team.
‘‘(8) ROAD USERS.—The term ‘road user’ means a motorist,
passenger, public transportation operator or user, truck driver,
bicyclist, motorcyclist, or pedestrian, including a person with
disabilities.
‘‘(9) SAFETY DATA.—
‘‘(A) IN GENERAL.—The term ‘safety data’ means crash,
roadway, and traffic data on a public road.
‘‘(B) INCLUSION.—The term ‘safety data’ includes, in
the case of a railway-highway grade crossing, the characteristics of highway and train traffic, licensing, and vehicle
data.
‘‘(10) SAFETY PROJECT UNDER ANY OTHER SECTION.—
‘‘(A) IN GENERAL.—The term ‘safety project under any
other section’ means a project carried out for the purpose
of safety under any other section of this title.
‘‘(B) INCLUSION.—The term ‘safety project under any
other section’ includes—
‘‘(i) a project consistent with the State strategic
highway safety plan that promotes the awareness of
the public and educates the public concerning highway
safety matters (including motorcycle safety);
‘‘(ii) a project to enforce highway safety laws; and
‘‘(iii) a project to provide infrastructure and infrastructure-related equipment to support emergency
services.
‘‘(11) STATE HIGHWAY SAFETY IMPROVEMENT PROGRAM.—
The term ‘State highway safety improvement program’ means
a program of highway safety improvement projects, activities,
plans and reports carried out as part of the Statewide transportation improvement program under section 135(g).
‘‘(12) STATE STRATEGIC HIGHWAY SAFETY PLAN.—The term
‘State strategic highway safety plan’ means a comprehensive
plan, based on safety data, developed by a State transportation
department that—
‘‘(A) is developed after consultation with—
‘‘(i) a highway safety representative of the Governor of the State;

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‘‘(ii) regional transportation planning organizations
and metropolitan planning organizations, if any;
‘‘(iii) representatives of major modes of transportation;
‘‘(iv) State and local traffic enforcement officials;
‘‘(v) a highway-rail grade crossing safety representative of the Governor of the State;
‘‘(vi) representatives conducting a motor carrier
safety program under section 31102, 31106, or 31309
of title 49;
‘‘(vii) motor vehicle administration agencies;
‘‘(viii) county transportation officials;
‘‘(ix) State representatives of nonmotorized users;
and
‘‘(x) other major Federal, State, tribal, and local
safety stakeholders;
‘‘(B) analyzes and makes effective use of State, regional,
local, or tribal safety data;
‘‘(C) addresses engineering, management, operation,
education, enforcement, and emergency services elements
(including integrated, interoperable emergency communications) of highway safety as key factors in evaluating highway projects;
‘‘(D) considers safety needs of, and high-fatality segments of, all public roads, including non-State-owned public
roads and roads on tribal land;
‘‘(E) considers the results of State, regional, or local
transportation and highway safety planning processes;
‘‘(F) describes a program of strategies to reduce or
eliminate safety hazards;
‘‘(G) is approved by the Governor of the State or a
responsible State agency;
‘‘(H) is consistent with section 135(g); and
‘‘(I) is updated and submitted to the Secretary for
approval as required under subsection (d)(2).
‘‘(13) SYSTEMIC SAFETY IMPROVEMENT.—The term ‘systemic
safety improvement’ means an improvement that is widely
implemented based on high-risk roadway features that are
correlated with particular crash types, rather than crash frequency.
‘‘(b) PROGRAM.—
‘‘(1) IN GENERAL.—The Secretary shall carry out a highway
safety improvement program.
‘‘(2) PURPOSE.—The purpose of the highway safety improvement program shall be to achieve a significant reduction in
traffic fatalities and serious injuries on all public roads,
including non-State-owned public roads and roads on tribal
land.
‘‘(c) ELIGIBILITY.—
‘‘(1) IN GENERAL.—To obligate funds apportioned under section 104(b)(3) to carry out this section, a State shall have
in effect a State highway safety improvement program under
which the State—
‘‘(A) develops, implements, and updates a State strategic highway safety plan that identifies and analyzes highway safety problems and opportunities as provided in subsections (a)(12) and (d);

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‘‘(B) produces a program of projects or strategies to
reduce identified safety problems; and
‘‘(C) evaluates the strategic highway safety plan on
a regularly recurring basis in accordance with subsection
(d)(1) to ensure the accuracy of the data and priority of
proposed strategies.
‘‘(2) IDENTIFICATION AND ANALYSIS OF HIGHWAY SAFETY
PROBLEMS AND OPPORTUNITIES.—As part of the State highway
safety improvement program, a State shall—
‘‘(A) have in place a safety data system with the ability
to perform safety problem identification and countermeasure analysis—
‘‘(i) to improve the timeliness, accuracy, completeness, uniformity, integration, and accessibility of the
safety data on all public roads, including non-Stateowned public roads and roads on tribal land in the
State;
‘‘(ii) to evaluate the effectiveness of data improvement efforts;
‘‘(iii) to link State data systems, including traffic
records, with other data systems within the State;
‘‘(iv) to improve the compatibility and interoperability of safety data with other State transportationrelated data systems and the compatibility and interoperability of State safety data systems with data systems of other States and national data systems;
‘‘(v) to enhance the ability of the Secretary to
observe and analyze national trends in crash occurrences, rates, outcomes, and circumstances; and
‘‘(vi) to improve the collection of data on nonmotorized crashes;
‘‘(B) based on the analysis required by subparagraph
(A)—
‘‘(i) identify hazardous locations, sections, and elements (including roadside obstacles, railway-highway
crossing needs, and unmarked or poorly marked roads)
that constitute a danger to motorists (including motorcyclists), bicyclists, pedestrians, and other highway
users;
‘‘(ii) using such criteria as the State determines
to be appropriate, establish the relative severity of
those locations, in terms of crashes (including crash
rates), fatalities, serious injuries, traffic volume levels,
and other relevant data;
‘‘(iii) identify the number of fatalities and serious
injuries on all public roads by location in the State;
‘‘(iv) identify highway safety improvement projects
on the basis of crash experience, crash potential, crash
rate, or other data-supported means; and
‘‘(v) consider which projects maximize opportunities to advance safety;
‘‘(C) adopt strategic and performance-based goals
that—
‘‘(i) address traffic safety, including behavioral and
infrastructure problems and opportunities on all public
roads;
‘‘(ii) focus resources on areas of greatest need; and

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126 STAT. 455

‘‘(iii) are coordinated with other State highway
safety programs;
‘‘(D) advance the capabilities of the State for safety
data collection, analysis, and integration in a manner
that—
‘‘(i) complements the State highway safety program
under chapter 4 and the commercial vehicle safety
plan under section 31102 of title 49;
‘‘(ii) includes all public roads, including public nonState-owned roads and roads on tribal land;
‘‘(iii) identifies hazardous locations, sections, and
elements on all public roads that constitute a danger
to motorists (including motorcyclists), bicyclists, pedestrians, persons with disabilities, and other highway
users;
‘‘(iv) includes a means of identifying the relative
severity of hazardous locations described in clause (iii)
in terms of crashes (including crash rate), serious
injuries, fatalities, and traffic volume levels; and
‘‘(v) improves the ability of the State to identify
the number of fatalities and serious injuries on all
public roads in the State with a breakdown by functional classification and ownership in the State;
‘‘(E)(i) determine priorities for the correction of hazardous road locations, sections, and elements (including
railway-highway crossing improvements), as identified
through safety data analysis;
‘‘(ii) identify opportunities for preventing the development of such hazardous conditions; and
‘‘(iii) establish and implement a schedule of highway
safety improvement projects for hazard correction and
hazard prevention; and
‘‘(F)(i) establish an evaluation process to analyze and
assess results achieved by highway safety improvement
projects carried out in accordance with procedures and
criteria established by this section; and
‘‘(ii) use the information obtained under clause (i) in
setting priorities for highway safety improvement projects.
‘‘(d) UPDATES TO STRATEGIC HIGHWAY SAFETY PLANS.—
‘‘(1) ESTABLISHMENT OF REQUIREMENTS.—
‘‘(A) IN GENERAL.—Not later than 1 year after the
date of enactment of the MAP–21, the Secretary shall
establish requirements for regularly recurring State
updates of strategic highway safety plans.
‘‘(B) CONTENTS OF UPDATED STRATEGIC HIGHWAY
SAFETY PLANS.—In establishing requirements under this
subsection, the Secretary shall ensure that States take
into consideration, with respect to updated strategic highway safety plans—
‘‘(i) the findings of road safety audits;
‘‘(ii) the locations of fatalities and serious injuries;
‘‘(iii) the locations that do not have an empirical
history of fatalities and serious injuries, but possess
risk factors for potential crashes;
‘‘(iv) rural roads, including all public roads,
commensurate with fatality data;

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126 STAT. 456

‘‘(v) motor vehicle crashes that include fatalities
or serious injuries to pedestrians and bicyclists;
‘‘(vi) the cost-effectiveness of improvements;
‘‘(vii) improvements to rail-highway grade
crossings; and
‘‘(viii) safety on all public roads, including nonState-owned public roads and roads on tribal land.
‘‘(2) APPROVAL OF UPDATED STRATEGIC HIGHWAY SAFETY
PLANS.—
‘‘(A) IN GENERAL.—Each State shall—
‘‘(i) update the strategic highway safety plans of
the State in accordance with the requirements established by the Secretary under this subsection; and
‘‘(ii) submit the updated plans to the Secretary,
along with a detailed description of the process used
to update the plan.
‘‘(B) REQUIREMENTS FOR APPROVAL.—The Secretary
shall not approve the process for an updated strategic
highway safety plan unless—
‘‘(i) the updated strategic highway safety plan is
consistent with the requirements of this subsection
and subsection (a)(12); and
‘‘(ii) the process used is consistent with the requirements of this subsection.
‘‘(3) PENALTY FOR FAILURE TO HAVE AN APPROVED UPDATED
STRATEGIC HIGHWAY SAFETY PLAN.—If a State does not have
an updated strategic highway safety plan with a process
approved by the Secretary by August 1 of the fiscal year beginning after the date of establishment of the requirements under
paragraph (1), the State shall not be eligible to receive any
additional limitation pursuant to the redistribution of the
limitation on obligations for Federal-aid highway and highway
safety construction programs that occurs after August 1 for
each succeeding fiscal year until the fiscal year during which
the plan is approved.
‘‘(e) ELIGIBLE PROJECTS.—
‘‘(1) IN GENERAL.—Funds apportioned to the State under
section 104(b)(3) may be obligated to carry out—
‘‘(A) any highway safety improvement project on any
public road or publicly owned bicycle or pedestrian pathway
or trail;
‘‘(B) as provided in subsection (g); or
‘‘(C) any project to maintain minimum levels of
retroreflectivity with respect to a public road, without
regard to whether the project is included in an applicable
State strategic highway safety plan.
‘‘(2) USE OF OTHER FUNDING FOR SAFETY.—
‘‘(A) EFFECT OF SECTION.—Nothing in this section prohibits the use of funds made available under other provisions of this title for highway safety improvement projects.
‘‘(B) USE OF OTHER FUNDS.—States are encouraged to
address the full scope of the safety needs and opportunities
of the States by using funds made available under other
provisions of this title (except a provision that specifically
prohibits that use).
‘‘(f) DATA IMPROVEMENT.—

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126 STAT. 457

‘‘(1) DEFINITION OF DATA IMPROVEMENT ACTIVITIES.—In this
subsection, the following definitions apply:
‘‘(A) IN GENERAL.—The term ‘data improvement activities’ means a project or activity to further the capacity
of a State to make more informed and effective safety
infrastructure investment decisions.
‘‘(B) INCLUSIONS.—The term ‘data improvement activities’ includes a project or activity—
‘‘(i) to create, update, or enhance a highway
basemap of all public roads in a State;
‘‘(ii) to collect safety data, including data identified
as part of the model inventory for roadway elements,
for creation of or use on a highway basemap of all
public roads in a State;
‘‘(iii) to store and maintain safety data in an electronic manner;
‘‘(iv) to develop analytical processes for safety data
elements;
‘‘(v) to acquire and implement roadway safety analysis tools; and
‘‘(vi) to support the collection, maintenance, and
sharing of safety data on all public roads and related
systems associated with the analytical usage of that
data.
‘‘(2) MODEL INVENTORY OF ROADWAY ELEMENTS.—The Secretary shall—
‘‘(A) establish a subset of the model inventory of roadway elements that are useful for the inventory of roadway
safety; and
‘‘(B) ensure that States adopt and use the subset to
improve data collection.
‘‘(g) SPECIAL RULES.—
‘‘(1) HIGH-RISK RURAL ROAD SAFETY.—If the fatality rate
on rural roads in a State increases over the most recent 2year period for which data are available, that State shall be
required to obligate in the next fiscal year for projects on
high risk rural roads an amount equal to at least 200 percent
of the amount of funds the State received for fiscal year 2009
for high risk rural roads under subsection (f) of this section,
as in effect on the day before the date of enactment of the
MAP–21.
‘‘(2) OLDER DRIVERS.—If traffic fatalities and serious
injuries per capita for drivers and pedestrians over the age
of 65 in a State increases during the most recent 2-year period
for which data are available, that State shall be required to
include, in the subsequent Strategic Highway Safety Plan of
the State, strategies to address the increases in those rates,
taking into account the recommendations included in the
publication of the Federal Highway Administration entitled
‘Highway Design Handbook for Older Drivers and Pedestrians’
(FHWA–RD–01–103), and dated May 2001, or as subsequently
revised and updated.
‘‘(h) REPORTS.—
‘‘(1) IN GENERAL.—A State shall submit to the Secretary
a report that—
‘‘(A) describes progress being made to implement highway safety improvement projects under this section;

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PUBLIC LAW 112–141—JULY 6, 2012
‘‘(B) assesses the effectiveness of those improvements;
and

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‘‘(C) describes the extent to which the improvements
funded under this section have contributed to reducing—
‘‘(i) the number and rate of fatalities on all public
roads with, to the maximum extent practicable, a
breakdown by functional classification and ownership
in the State;
‘‘(ii) the number and rate of serious injuries on
all public roads with, to the maximum extent practicable, a breakdown by functional classification and
ownership in the State; and
‘‘(iii) the occurrences of fatalities and serious
injuries at railway-highway crossings.
‘‘(2) CONTENTS; SCHEDULE.—The Secretary shall establish
the content and schedule for the submission of the report under
paragraph (1).
‘‘(3) TRANSPARENCY.—The Secretary shall make strategic
highway safety plans submitted under subsection (d) and
reports submitted under this subsection available to the public
through—
‘‘(A) the website of the Department; and
‘‘(B) such other means as the Secretary determines
to be appropriate.
‘‘(4) DISCOVERY AND ADMISSION INTO EVIDENCE OF CERTAIN
REPORTS, SURVEYS, AND INFORMATION.—Notwithstanding any
other provision of law, reports, surveys, schedules, lists, or
data compiled or collected for any purpose relating to this
section, shall not be subject to discovery or admitted into evidence in a Federal or State court proceeding or considered
for other purposes in any action for damages arising from
any occurrence at a location identified or addressed in the
reports, surveys, schedules, lists, or other data.
‘‘(i) STATE PERFORMANCE TARGETS.—If the Secretary determines
that a State has not met or made significant progress toward
meeting the performance targets of the State established under
section 150(d) by the date that is 2 years after the date of the
establishment of the performance targets, the State shall—
‘‘(1) use obligation authority equal to the apportionment
of the State for the prior year under section 104(b)(3) only
for highway safety improvement projects under this section
until the Secretary determines that the State has met or made
significant progress toward meeting the performance targets
of the State; and
‘‘(2) submit annually to the Secretary, until the Secretary
determines that the State has met or made significant progress
toward meeting the performance targets of the State, an
implementation plan that—
‘‘(A) identifies roadway features that constitute a
hazard to road users;
‘‘(B) identifies highway safety improvement projects
on the basis of crash experience, crash potential, or other
data-supported means;
‘‘(C) describes how highway safety improvement program funds will be allocated, including projects, activities,
and strategies to be implemented;

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126 STAT. 459

‘‘(D) describes how the proposed projects, activities,
and strategies funded under the State highway safety
improvement program will allow the State to make progress
toward achieving the safety performance targets of the
State; and
‘‘(E) describes the actions the State will undertake
to meet the performance targets of the State.
‘‘(j) FEDERAL SHARE OF HIGHWAY SAFETY IMPROVEMENT
PROJECTS.—Except as provided in sections 120 and 130, the Federal
share of the cost of a highway safety improvement project carried
out with funds apportioned to a State under section 104(b)(3) shall
be 90 percent.’’.
(b) STUDY OF HIGH-RISK RURAL ROADS BEST PRACTICES.—
(1) STUDY.—
(A) IN GENERAL.—The Secretary shall conduct a study
of the best practices for implementing cost-effective roadway safety infrastructure improvements on high-risk rural
roads.
(B) METHODOLOGY.—In carrying out the study, the
Secretary shall—
(i) conduct a thorough literature review;
(ii) survey current practices of State departments
of transportation; and
(iii) survey current practices of local units of
government, as appropriate.
(C) CONSULTATION.—In carrying out the study, the
Secretary shall consult with—
(i) State departments of transportation;
(ii) county engineers and public works professionals;
(iii) appropriate local officials; and
(iv) appropriate private sector experts in the field
of roadway safety infrastructure.
(2) REPORT.—
(A) IN GENERAL.—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 on the
results of the study.
(B) CONTENTS.—The report shall include—
(i) a summary of cost-effective roadway safety
infrastructure improvements;
(ii) a summary of the latest research on the financial savings and reduction in fatalities and serious
bodily injury crashes from the implementation of costeffective roadway safety infrastructure improvements;
and
(iii) recommendations for State and local governments on best practice methods to install cost-effective
roadway safety infrastructure on high-risk rural roads.
(3) MANUAL.—
(A) DEVELOPMENT.—Based on the results of the study
under paragraph (2), the Secretary, in consultation with
the individuals and entities described in paragraph (1)(C),
shall develop a best practices manual to support Federal,
State, and local efforts to reduce fatalities and serious

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PUBLIC LAW 112–141—JULY 6, 2012
bodily injury crashes on high-risk rural roads through the
use of cost-effective roadway safety infrastructure improvements.
(B) AVAILABILITY.—The manual shall be made available to State and local governments not later than 180
days after the date of submission of the report under paragraph (2).
(C) CONTENTS.—The manual shall include, at a minimum, a list of cost-effective roadway safety infrastructure
improvements and best practices on the installation of costeffective roadway safety infrastructure improvements on
high-risk rural roads.
(D) USE OF MANUAL.—Use of the manual shall be voluntary and the manual shall not establish any binding
standards or legal duties on State or local governments,
or any other person.

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SEC. 1113. CONGESTION MITIGATION AND AIR QUALITY IMPROVEMENT
PROGRAM.

(a) ELIGIBLE PROJECTS.—Section 149(b) of title 23, United
States Code, is amended—
(1) in the matter preceding paragraph (1)—
(A) by striking ‘‘in subsection (c)’’ and inserting ‘‘in
subsection (d)’’; and
(B) by striking ‘‘section 104(b)(2)’’ and inserting ‘‘section
104(b)(4)’’;
(2) in paragraph (5)—
(A) by inserting ‘‘add turning lanes,’’ after ‘‘improve
intersections,’’; and
(B) by striking ‘‘paragraph;’’ and inserting ‘‘paragraph,
including programs or projects to improve incident and
emergency response or improve mobility, such as through
real-time traffic, transit, and multimodal traveler information;’’;
(3) in paragraph (6) by striking ‘‘or’’ at the end;
(4) in paragraph (7)(A)(ii) by striking ‘‘published in the
list under subsection (f)(2)’’ and inserting ‘‘verified technologies
(as defined in section 791 of the Energy Policy Act of 2005
(42 U.S.C. 16131))’’;
(5) by striking the matter following paragraph (7);
(6) by redesignating paragraph (7) as paragraph (8); and
(7) by inserting after paragraph (6) the following:
‘‘(7) if the project or program shifts traffic demand to
nonpeak hours or other transportation modes, increases vehicle
occupancy rates, or otherwise reduces demand for roads through
such means as telecommuting, ridesharing, carsharing, alternative work hours, and pricing; or’’.
(b) SPECIAL RULES.—Section 149 of title 23, United States
Code, is amended—
(1) by redesignating subsections (c) through (h) as subsections (d) through (i) respectively;
(2) by inserting after subsection (b) the following:
‘‘(c) SPECIAL RULES.—
‘‘(1) PROJECTS FOR PM–10 NONATTAINMENT AREAS.—A State
may obligate funds apportioned to the State under section
104(b)(4) for a project or program for an area that is nonattainment for ozone or carbon monoxide, or both, and for PM–

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126 STAT. 461

10 resulting from transportation activities, without regard to
any limitation of the Department of Transportation relating
to the type of ambient air quality standard such project or
program addresses.
‘‘(2) ELECTRIC VEHICLE AND NATURAL GAS VEHICLE INFRASTRUCTURE.—A State may obligate funds apportioned under
section 104(b)(4) for a project or program to establish electric
vehicle charging stations or natural gas vehicle refueling stations for the use of battery powered or natural gas fueled
trucks or other motor vehicles at any location in the State
except that such stations may not be established or supported
where commercial establishments serving motor vehicle users
are prohibited by section 111 of title 23, United States Code.
‘‘(3) HOV FACILITIES.—No funds may be provided under
this section for a project which will result in the construction
of new capacity available to single occupant vehicles unless
the project consists of a high occupancy vehicle facility available
to single occupant vehicles only at other than peak travel
times.’’;
(3) by striking subsection (d) (as redesignated by paragraph
(1)) and inserting the following:
‘‘(d) STATES FLEXIBILITY.—
‘‘(1) STATES WITHOUT A NONATTAINMENT AREA.—If a State
does not have, and never has had, a nonattainment area designated under the Clean Air Act (42 U.S.C. 7401 et seq.),
the State may use funds apportioned to the State under section
104(b)(4) for any project in the State that—
‘‘(A) would otherwise be eligible under subsection (b)
as if the project were carried out in a nonattainment or
maintenance area; or
‘‘(B) is eligible under the surface transportation program under section 133.
‘‘(2) STATES WITH A NONATTAINMENT AREA.—
‘‘(A) IN GENERAL.—If a State has a nonattainment area
or maintenance area and received funds in fiscal year 2009
under section 104(b)(2)(D), as in effect on the day before
the date of enactment of the MAP–21, above the amount
of funds that the State would have received based on
the nonattainment and maintenance area population of
the State under subparagraphs (B) and (C) of section
104(b)(2), as in effect on the day before the date of enactment of the MAP–21, the State may use for any project
that is eligible under the surface transportation program
under section 133 an amount of funds apportioned to such
State under section 104(b)(4) that is equal to the product
obtained by multiplying—
‘‘(i) the amount apportioned to such State under
section 104(b)(4) (excluding the amount of funds
reserved under paragraph (l)); by
‘‘(ii) the ratio calculated under subparagraph (B).
‘‘(B) RATIO.—For purposes of this paragraph, the ratio
shall be calculated as the proportion that—
‘‘(i) the amount for fiscal year 2009 such State
was permitted by section 149(c)(2), as in effect on the
day before the date of enactment of the MAP–21, to
obligate in any area of the State for projects eligible

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126 STAT. 462

under section 133, as in effect on the day before the
date of enactment of the MAP–21t; bears to
‘‘(ii) the total apportionment to such State for fiscal
year 2009 under section 104(b)(2), as in effect on the
day before the date of enactment of the MAP–21.
‘‘(3) CHANGES IN DESIGNATION.—If a new nonattainment
area is designated or a previously designated nonattainment
area is redesignated as an attainment area in a State under
the Clean Air Act (42 U.S.C. 7401 et seq.), the Secretary shall
modify the amount such State is permitted to obligate in any
area of the State for projects eligible under section 133.’’;
(4) in subsection (f)(3) (as redesignated by paragraph (1))
by striking ‘‘104(b)(2)’’ and inserting ‘‘104(b)(4)’’;
(5) in subsection (g) (as redesignated by paragraph (1))
by striking paragraph (3) and inserting the following:
‘‘(3) PRIORITY CONSIDERATION.—States and metropolitan
planning organizations shall give priority in areas designated
as nonattainment or maintenance for PM2.5 under the Clean
Air Act (42 U.S.C. 7401 et seq.) in distributing funds received
for congestion mitigation and air quality projects and programs
from apportionments under section 104(b)(4) to projects that
are proven to reduce PM2.5, including diesel retrofits.’’;
(6) by striking subsection (i) (as redesignated by paragraph
(1)) and inserting the following:
‘‘(i) EVALUATION AND ASSESSMENT OF PROJECTS.—
‘‘(1) DATABASE.—
‘‘(A) IN GENERAL.—Using appropriate assessments of
projects funded under the congestion mitigation and air
quality program and results from other research, the Secretary shall maintain and disseminate a cumulative database describing the impacts of the projects, including specific information about each project, such as the project
name, location, sponsor, cost, and, to the extent already
measured by the project sponsor, cost-effectiveness, based
on reductions in congestion and emissions.
‘‘(B) AVAILABILITY.—The database shall be published
or otherwise made readily available by the Secretary in
electronically accessible format and means, such as the
Internet, for public review.
‘‘(2) COST EFFECTIVENESS.—
‘‘(A) IN GENERAL.—The Secretary, in consultation with
the Administrator of the Environmental Protection Agency,
shall evaluate projects on a periodic basis and develop
a table or other similar medium that illustrates the costeffectiveness of a range of project types eligible for funding
under this section as to how the projects mitigate congestion and improve air quality.
‘‘(B) CONTENTS.—The table described in subparagraph
(A) shall show measures of cost-effectiveness, such as dollars per ton of emissions reduced, and assess those measures over a variety of timeframes to capture impacts on
the planning timeframes outlined in section 134.
‘‘(C) USE OF TABLE.—States and metropolitan planning
organizations shall consider the information in the table
when selecting projects or developing performance plans
under subsection (l).
‘‘(j) OPTIONAL PROGRAMMATIC ELIGIBILITY.—

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PUBLIC LAW 112–141—JULY 6, 2012

126 STAT. 463

‘‘(1) IN GENERAL.—At the discretion of a metropolitan planning organization, a technical assessment of a selected program
of projects may be conducted through modeling or other means
to demonstrate the emissions reduction projection required
under this section.
‘‘(2) APPLICABILITY.—If an assessment described in paragraph (1) successfully demonstrates an emissions reduction,
all projects included in such assessment shall be eligible for
obligation under this section without further demonstration
of emissions reduction of individual projects included in such
assessment.
‘‘(k) PRIORITY FOR USE OF FUNDS IN PM2.5 AREAS.—
‘‘(1) IN GENERAL.—For any State that has a nonattainment
or maintenance area for fine particulate matter, an amount
equal to 25 percent of the funds apportioned to each State
under section 104(b)(4) for a nonattainment or maintenance
area that are based all or in part on the weighted population
of such area in fine particulate matter nonattainment shall
be obligated to projects that reduce such fine particulate matter
emissions in such area, including diesel retrofits.
‘‘(2) CONSTRUCTION EQUIPMENT AND VEHICLES.—In order
to meet the requirements of paragraph (1), a State or metropolitan planning organization may elect to obligate funds to install
diesel emission control technology on nonroad diesel equipment
or on-road diesel equipment that is operated on a highway
construction project within a PM2.5 nonattainment or maintenance area.
‘‘(l) PERFORMANCE PLAN.—
‘‘(1) IN GENERAL.—Each metropolitan planning organization
serving a transportation management area (as defined in section 134) with a population over 1,000,000 people representing
a nonattainment or maintenance area shall develop a performance plan that—
‘‘(A) includes an area baseline level for traffic congestion and on-road mobile source emissions for which the
area is in nonattainment or maintenance;
‘‘(B) describes progress made in achieving the performance targets described in section 150(d); and
‘‘(C) includes a description of projects identified for
funding under this section and how such projects will contribute to achieving emission and traffic congestion reduction targets.
‘‘(2) UPDATED PLANS.—Performance plans shall be updated
biennially and include a separate report that assesses the
progress of the program of projects under the previous plan
in achieving the air quality and traffic congestion targets of
the previous plan.
‘‘(m) OPERATING ASSISTANCE.—A State may obligate funds
apportioned under section 104(b)(2) in an area of such State that
is otherwise eligible for obligations of such funds for operating
costs under chapter 53 of title 49 or on a system that was previously
eligible under this section.’’.
(c) AIR QUALITY AND CONGESTION MITIGATION MEASURE OUTCOMES ASSESSMENT STUDY.—
(1) IN GENERAL.—The Secretary, in consultation with the
Administrator of the Environmental Protection Agency, shall
examine the outcomes of actions funded under the congestion

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126 STAT. 464

mitigation and air quality improvement program since the date
of enactment of the SAFETEA–LU (Public Law 109–59).
(2) GOALS.—The goals of the program shall include—
(A) the assessment and documentation, through outcomes research conducted on a representative sample of
cases, of—
(i) the emission reductions achieved by federally
supported surface transportation actions intended to
reduce emissions or lessen traffic congestion; and
(ii) the air quality and human health impacts of
those actions, including potential unrecognized or
indirect consequences, attributable to those actions;
(B) an expanded base of empirical evidence on the
air quality and human health impacts of actions described
in paragraph (1); and
(C) an increase in knowledge of—
(i) the factors determining the air quality and
human health changes associated with transportation
emission reduction actions; and
(ii) other information to more accurately understand the validity of current estimation and modeling
routines and ways to improve those routines.
(3) ADMINISTRATIVE ELEMENTS.—To carry out this subsection, the Secretary shall—
(A) make a grant for the coordination, selection,
management, and reporting of component studies to an
independent scientific research organization with the necessary experience in successfully conducting accountability
and other studies on mobile source air pollutants and associated health effects;
(B) ensure that case studies are identified and conducted by teams selected through a competitive solicitation
overseen by an independent committee of unbiased experts;
and
(C) ensure that all findings and reports are peerreviewed and published in a form that presents the findings
together with reviewer comments.
(4) REPORT.—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) not later than 1 year after the date of enactment
of the MAP–21, and for the following year, a report providing an initial scoping and plan, and status updates,
respectively, for the program under this subsection; and
(B) not later than 2 years after the date of enactment
of the MAP–21, a final report that describes the findings
of, and recommendations resulting from, the program under
this subsection.
(5) FUNDING.—Of the amounts made available to carry
out section 104(a) for fiscal year 2013, the Secretary shall
make available to carry out this subsection not more than
$1,000,000.

Grants.

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PUBLIC LAW 112–141—JULY 6, 2012

SEC. 1114. TERRITORIAL AND PUERTO RICO HIGHWAY PROGRAM.

(a) IN GENERAL.—Section 165 of title 23, United States Code,
is amended to read as follows:

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126 STAT. 465

‘‘§ 165. Territorial and Puerto Rico highway program
‘‘(a) DIVISION OF FUNDS.—Of funds made available in a fiscal
year for the territorial and Puerto Rico highway program—
‘‘(1) $150,000,000 shall be for the Puerto Rico highway
program under subsection (b); and
‘‘(2) $40,000,000 shall be for the territorial highway program under subsection (c).
‘‘(b) PUERTO RICO HIGHWAY PROGRAM.—
‘‘(1) IN GENERAL.—The Secretary shall allocate funds made
available to carry out this subsection to the Commonwealth
of Puerto Rico to carry out a highway program in the Commonwealth.
‘‘(2) TREATMENT OF FUNDS.—Amounts made available to
carry out this subsection for a fiscal year shall be administered
as follows:
‘‘(A) APPORTIONMENT.—
‘‘(i) IN GENERAL.—For the purpose of imposing any
penalty under this title or title 49, the amounts shall
be treated as being apportioned to Puerto Rico under
sections 104(b) and 144 (as in effect for fiscal year
1997) for each program funded under those sections
in an amount determined by multiplying—
‘‘(I) the aggregate of the amounts for the fiscal
year; by
‘‘(II) the proportion that—
‘‘(aa) the amount of funds apportioned to
Puerto Rico for each such program for fiscal
year 1997; bears to
‘‘(bb) the total amount of funds apportioned to Puerto Rico for all such programs
for fiscal year 1997.
‘‘(ii) EXCEPTION.—Funds identified under clause (i)
as having been apportioned for the national highway
system, the surface transportation program, and the
Interstate maintenance program shall be deemed to
have been apportioned 50 percent for the national highway performance program and 50 percent for the surface transportation program for purposes of imposing
such penalties.
‘‘(B) PENALTY.—The amounts treated as being apportioned to Puerto Rico under each section referred to in
subparagraph (A) shall be deemed to be required to be
apportioned to Puerto Rico under that section for purposes
of the imposition of any penalty under this title or title
49.
‘‘(C) ELIGIBLE USES OF FUNDS.—Of amounts allocated
to Puerto Rico for the Puerto Rico Highway Program for
a fiscal year—
‘‘(i) at least 50 percent shall be available only
for purposes eligible under section 119;
‘‘(ii) at least 25 percent shall be available only
for purposes eligible under section 148; and
‘‘(iii) any remaining funds may be obligated for
activities eligible under chapter 1.
‘‘(3) EFFECT ON APPORTIONMENTS.—Except as otherwise
specifically provided, Puerto Rico shall not be eligible to receive
funds apportioned to States under this title.

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126 STAT. 466

PUBLIC LAW 112–141—JULY 6, 2012
‘‘(c) TERRITORIAL HIGHWAY PROGRAM.—
‘‘(1) TERRITORY DEFINED.—In this subsection, the term
‘territory’ means any of the following territories of the United
States:
‘‘(A) American Samoa.
‘‘(B) The Commonwealth of the Northern Mariana
Islands.
‘‘(C) Guam.
‘‘(D) The United States Virgin Islands.
‘‘(2) PROGRAM.—
‘‘(A) IN GENERAL.—Recognizing the mutual benefits
that will accrue to the territories and the United States
from the improvement of highways in the territories, the
Secretary may carry out a program to assist each government of a territory in the construction and improvement
of a system of arterial and collector highways, and necessary inter-island connectors, that is—
‘‘(i) designated by the Governor or chief executive
officer of each territory; and
‘‘(ii) approved by the Secretary.
‘‘(B) FEDERAL SHARE.—The Federal share of Federal
financial assistance provided to territories under this subsection shall be in accordance with section 120(g).
‘‘(3) TECHNICAL ASSISTANCE.—
‘‘(A) IN GENERAL.—To continue a long-range highway
development program, the Secretary may provide technical
assistance to the governments of the territories to enable
the territories, on a continuing basis—
‘‘(i) to engage in highway planning;
‘‘(ii) to conduct environmental evaluations;
‘‘(iii) to administer right-of-way acquisition and
relocation assistance programs; and
‘‘(iv) to design, construct, operate, and maintain
a system of arterial and collector highways, including
necessary inter-island connectors.
‘‘(B) FORM AND TERMS OF ASSISTANCE.—Technical
assistance provided under subparagraph (A), and the terms
for the sharing of information among territories receiving
the technical assistance, shall be included in the agreement
required by paragraph (5).
‘‘(4) NONAPPLICABILITY OF CERTAIN PROVISIONS.—
‘‘(A) IN GENERAL.—Except to the extent that provisions
of this chapter are determined by the Secretary to be
inconsistent with the needs of the territories and the intent
of this subsection, this chapter (other than provisions of
this chapter relating to the apportionment and allocation
of funds) shall apply to funds made available under this
subsection.
‘‘(B) APPLICABLE PROVISIONS.—The agreement required
by paragraph (5) for each territory shall identify the sections of this chapter that are applicable to that territory
and the extent of the applicability of those sections.
‘‘(5) AGREEMENT.—
‘‘(A) IN GENERAL.—Except as provided in subparagraph
(D), none of the funds made available under this subsection
shall be available for obligation or expenditure with respect
to any territory until the chief executive officer of the

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territory has entered into an agreement (including an
agreement entered into under section 215 as in effect on
the day before the enactment of this section) with the
Secretary providing that the government of the territory
shall—
‘‘(i) implement the program in accordance with
applicable provisions of this chapter and paragraph
(4);
‘‘(ii) design and construct a system of arterial and
collector highways, including necessary inter-island
connectors, in accordance with standards that are—
‘‘(I) appropriate for each territory; and
‘‘(II) approved by the Secretary;
‘‘(iii) provide for the maintenance of facilities constructed or operated under this subsection in a condition to adequately serve the needs of present and future
traffic; and
‘‘(iv) implement standards for traffic operations
and uniform traffic control devices that are approved
by the Secretary.
‘‘(B) TECHNICAL ASSISTANCE.—The agreement required
by subparagraph (A) shall—
‘‘(i) specify the kind of technical assistance to be
provided under the program;
‘‘(ii) include appropriate provisions regarding
information sharing among the territories; and
‘‘(iii) delineate the oversight role and responsibilities of the territories and the Secretary.
‘‘(C) REVIEW AND REVISION OF AGREEMENT.—The agreement entered into under subparagraph (A) shall be
reevaluated and, as necessary, revised, at least every 2
years.
‘‘(D) EXISTING AGREEMENTS.—With respect to an agreement under this subsection or an agreement entered into
under section 215 of this title as in effect on the day
before the date of enactment of this subsection—
‘‘(i) the agreement shall continue in force until
replaced by an agreement entered into in accordance
with subparagraph (A); and
‘‘(ii) amounts made available under this subsection
under the existing agreement shall be available for
obligation or expenditure so long as the agreement,
or the existing agreement entered into under subparagraph (A), is in effect.
‘‘(6) ELIGIBLE USES OF FUNDS.—
‘‘(A) IN GENERAL.—Funds made available under this
subsection may be used only for the following projects
and activities carried out in a territory:
‘‘(i) Eligible surface transportation program
projects described in section 133(b).
‘‘(ii) Cost-effective, preventive maintenance consistent with section 116(e).
‘‘(iii) Ferry boats, terminal facilities, and
approaches, in accordance with subsections (b) and
(c) of section 129.

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PUBLIC LAW 112–141—JULY 6, 2012
‘‘(iv) Engineering and economic surveys and investigations for the planning, and the financing, of future
highway programs.
‘‘(v) Studies of the economy, safety, and convenience of highway use.
‘‘(vi) The regulation and equitable taxation of highway use.
‘‘(vii) Such research and development as are necessary in connection with the planning, design, and
maintenance of the highway system.
‘‘(B) PROHIBITION ON USE OF FUNDS FOR ROUTINE
MAINTENANCE.—None of the funds made available under
this subsection shall be obligated or expended for routine
maintenance.
‘‘(7) LOCATION OF PROJECTS.—Territorial highway program
projects (other than those described in paragraphs (2), (4),
(7), (8), (14), and (19) of section 133(b)) may not be undertaken
on roads functionally classified as local.’’.
(b) CONFORMING AMENDMENTS.—
(1) TECHNICAL AND CONFORMING AMENDMENT.—The analysis for chapter 1 of title 23, United States Code, is amended
by striking the item relating to section 165 and inserting the
following:

‘‘165. Territorial and Puerto Rico highway program.’’.

(2) TERRITORIAL HIGHWAY PROGRAM.—
(A) REPEAL.—Section 215 of title 23, United States
Code, is repealed.
(B) TECHNICAL AND CONFORMING AMENDMENT.—The
analysis for chapter 2 of title 23, United States Code,
is amended by striking the item relating to section 215.
(C) DUNCAN HUNTER NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2009.—Section 3512(e) of the
Duncan Hunter National Defense Authorization Act for
Fiscal Year 2009 (48 U.S.C. 1421r(e)) is amended by
striking ‘‘section 215’’ and inserting ‘‘section 165’’.
SEC. 1115. NATIONAL FREIGHT POLICY.

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(a) IN GENERAL.—Chapter 1 of title 23, United States Code,
is amended by adding at the end the following:
‘‘§ 167. National freight policy
‘‘(a) IN GENERAL.—It is the policy of the United States to
improve the condition and performance of the national freight network to ensure that the national freight network provides the
foundation for the United States to compete in the global economy
and achieve each goal described in subsection (b).
‘‘(b) GOALS.—The goals of the national freight policy are—
‘‘(1) to invest in infrastructure improvements and to implement operational improvements that—
‘‘(A) strengthen the contribution of the national freight
network to the economic competitiveness of the United
States;
‘‘(B) reduce congestion; and
‘‘(C) increase productivity, particularly for domestic
industries and businesses that create high-value jobs;

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‘‘(2) to improve the safety, security, and resilience of freight
transportation;
‘‘(3) to improve the state of good repair of the national
freight network;
‘‘(4) to use advanced technology to improve the safety and
efficiency of the national freight network;
‘‘(5) to incorporate concepts of performance, innovation,
competition, and accountability into the operation and maintenance of the national freight network; and
‘‘(6) to improve the economic efficiency of the national
freight network.
‘‘(7) to reduce the environmental impacts of freight movement on the national freight network;
‘‘(c) ESTABLISHMENT OF A NATIONAL FREIGHT NETWORK.—
‘‘(1) IN GENERAL.—The Secretary shall establish a national
freight network in accordance with this section to assist States
in strategically directing resources toward improved system
performance for efficient movement of freight on highways,
including national highway system, freight intermodal connectors and aerotropolis transportation systems.
‘‘(2) NETWORK COMPONENTS.—The national freight network
shall consist of—
‘‘(A) the primary freight network, as designated by
the Secretary under subsection (d) (referred to in this section as the ‘primary freight network’) as most critical to
the movement of freight;
‘‘(B) the portions of the Interstate System not designated as part of the primary freight network; and
‘‘(C) critical rural freight corridors established under
subsection (e).
‘‘(d) DESIGNATION OF PRIMARY FREIGHT NETWORK.—
‘‘(1) INITIAL DESIGNATION OF PRIMARY FREIGHT NETWORK.—
‘‘(A) DESIGNATION.—Not later than 1 year after the
date of enactment of this section, the Secretary shall designate a primary freight network—
‘‘(i) based on an inventory of national freight
volume conducted by the Administrator of the Federal
Highway Administration, in consultation with stakeholders, including system users, transport providers,
and States; and
‘‘(ii) that shall be comprised of not more than
27,000 centerline miles of existing roadways that are
most critical to the movement of freight.
‘‘(B) FACTORS FOR DESIGNATION.—In designating the
primary freight network, the Secretary shall consider—
‘‘(i) the origins and destinations of freight movement in the United States;
‘‘(ii) the total freight tonnage and value of freight
moved by highways;
‘‘(iii) the percentage of annual average daily truck
traffic in the annual average daily traffic on principal
arterials;
‘‘(iv) the annual average daily truck traffic on principal arterials;
‘‘(v) land and maritime ports of entry;
‘‘(vi) access to energy exploration, development,
installation, or production areas;

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‘‘(vii) population centers; and
‘‘(viii) network connectivity.

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‘‘(2) ADDITIONAL MILES ON PRIMARY FREIGHT NETWORK.—
In addition to the miles initially designated under paragraph
(1), the Secretary may increase the number of miles designated
as part of the primary freight network by not more than 3,000
additional centerline miles of roadways (which may include
existing or planned roads) critical to future efficient movement
of goods on the primary freight network.
‘‘(3) REDESIGNATION OF PRIMARY FREIGHT NETWORK.—Effective beginning 10 years after the designation of the primary
freight network and every 10 years thereafter, using the designation factors described in paragraph (1), the Secretary shall
redesignate the primary freight network (including additional
mileage described in paragraph (2)).
‘‘(e) CRITICAL RURAL FREIGHT CORRIDORS.—A State may designate a road within the borders of the State as a critical rural
freight corridor if the road—
‘‘(1) is a rural principal arterial roadway and has a minimum of 25 percent of the annual average daily traffic of
the road measured in passenger vehicle equivalent units from
trucks (FHWA vehicle class 8 to 13);
‘‘(2) provides access to energy exploration, development,
installation, or production areas;
‘‘(3) connects the primary freight network, a roadway
described in paragraph (1) or (2), or Interstate System to facilities that handle more than—
‘‘(A) 50,000 20-foot equivalent units per year; or
‘‘(B) 500,000 tons per year of bulk commodities.
‘‘(f) NATIONAL FREIGHT STRATEGIC PLAN.—
‘‘(1) INITIAL DEVELOPMENT OF NATIONAL FREIGHT STRATEGIC
PLAN.—Not later than 3 years after the date of enactment
of this section, the Secretary shall, in consultation with State
departments of transportation and other appropriate public
and private transportation stakeholders, develop and post on
the Department of Transportation public website a national
freight strategic plan that shall include—
‘‘(A) an assessment of the condition and performance
of the national freight network;
‘‘(B) an identification of highway bottlenecks on the
national freight network that create significant freight
congestion problems, based on a quantitative methodology
developed by the Secretary, which shall, at a minimum,
include—
‘‘(i) information from the Freight Analysis Network
of the Federal Highway Administration; and
‘‘(ii) to the maximum extent practicable, an estimate of the cost of addressing each bottleneck and
any operational improvements that could be implemented;
‘‘(C) forecasts of freight volumes for the 20-year period
beginning in the year during which the plan is issued;
‘‘(D) an identification of major trade gateways and
national freight corridors that connect major population
centers, trade gateways, and other major freight generators
for current and forecasted traffic and freight volumes, the

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identification of which shall be revised, as appropriate,
in subsequent plans;
‘‘(E) an assessment of statutory, regulatory, technological, institutional, financial, and other barriers to
improved freight transportation performance (including
opportunities for overcoming the barriers);
‘‘(F) an identification of routes providing access to
energy exploration, development, installation, or production
areas;
‘‘(G) best practices for improving the performance of
the national freight network;
‘‘(H) best practices to mitigate the impacts of freight
movement on communities;
‘‘(I) a process for addressing multistate projects and
encouraging jurisdictions to collaborate; and
‘‘(J) strategies to improve freight intermodal
connectivity.
‘‘(2) UPDATES TO NATIONAL FREIGHT STRATEGIC PLAN.—Not
later than 5 years after the date of completion of the first
national freight strategic plan under paragraph (1), and every
5 years thereafter, the Secretary shall update and repost on
the Department of Transportation public website a revised
national freight strategic plan.
‘‘(g) FREIGHT TRANSPORTATION CONDITIONS AND PERFORMANCE
REPORTS.—Not later than 2 years after the date of enactment
of this section, and biennially thereafter, the Secretary shall prepare
a report that contains a description of the conditions and performance of the national freight network in the United States.
‘‘(h) TRANSPORTATION INVESTMENT DATA AND PLANNING
TOOLS.—
‘‘(1) IN GENERAL.—Not later than 1 year after the date
of enactment of this section, the Secretary shall—
‘‘(A) begin development of new tools and improvement
of existing tools or improve existing tools to support an
outcome-oriented, performance-based approach to evaluate
proposed freight-related and other transportation projects,
including—
‘‘(i) methodologies for systematic analysis of benefits and costs;
‘‘(ii) tools for ensuring that the evaluation of
freight-related and other transportation projects could
consider safety, economic competitiveness, environmental sustainability, and system condition in the
project selection process; and
‘‘(iii) other elements to assist in effective transportation planning;
‘‘(B) identify transportation-related model data elements to support a broad range of evaluation methods
and techniques to assist in making transportation investment decisions; and
‘‘(C) at a minimum, in consultation with other relevant
Federal agencies, consider any improvements to existing
freight flow data collection efforts that could reduce identified freight data gaps and deficiencies and help improve
forecasts of freight transportation demand.

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‘‘(2) CONSULTATION.—The Secretary shall consult with Federal, State, and other stakeholders to develop, improve, and
implement the tools and collect the data in paragraph (1).
‘‘(i) DEFINITION OF AEROTROPOLIS TRANSPORTATION SYSTEM.—
In this section, the term ‘aerotropolis transportation system’ means
a planned and coordinated multimodal freight and passenger
transportation network that, as determined by the Secretary, provides efficient, cost-effective, sustainable, and intermodal
connectivity to a defined region of economic significance centered
around a major airport.’’.
(b) CONFORMING AMENDMENT.—The analysis for chapter 1 of
title 23, United States Code, is amended by adding at the end
the following:

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‘‘167. National freight program.’’.
23 USC 167 note.

SEC. 1116. PRIORITIZATION OF PROJECTS TO IMPROVE FREIGHT
MOVEMENT.

Certification.

(a) IN GENERAL.—Notwithstanding section 120 of title 23,
United States Code, the Secretary may increase the Federal share
payable for any project to 95 percent for projects on the Interstate
System and 90 percent for any other project if the Secretary certifies
that the project meets the requirements of this section.
(b) INCREASED FUNDING.—To be eligible for the increased Federal funding share under this section, a project shall—
(1) demonstrate the improvement made by the project to
the efficient movement of freight, including making progress
towards meeting performance targets for freight movement
established under section 150(d) of title 23, United States Code;
and
(2) be identified in a State freight plan developed pursuant
to section 1118.
(c) ELIGIBLE PROJECTS.—Eligible projects to improve the movement of freight under this section may include, but are not limited
to—
(1) construction, reconstruction, rehabilitation, and operational improvements directly relating to improving freight
movement;
(2) intelligent transportation systems and other technology
to improve the flow of freight;
(3) efforts to reduce the environmental impacts of freight
movement on the primary freight network;
(4) railway-highway grade separation;
(5) geometric improvements to interchanges and ramps.
(6) truck-only lanes;
(7) climbing and runaway truck lanes;
(8) truck parking facilities eligible for funding under section
1401;
(9) real-time traffic, truck parking, roadway condition, and
multimodal transportation information systems;
(10) improvements to freight intermodal connectors; and
(11) improvements to truck bottlenecks.

23 USC 167 note.

SEC. 1117. STATE FREIGHT ADVISORY COMMITTEES.

(a) IN GENERAL.—The Secretary shall encourage each State
to establish a freight advisory committee consisting of a representative cross-section of public and private sector freight stakeholders,
including representatives of ports, shippers, carriers, freight-related

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associations, the freight industry workforce, the transportation
department of the State, and local governments.
(b) ROLE OF COMMITTEE.—A freight advisory committee of a
State described in subsection (a) shall—
(1) advise the State on freight-related priorities, issues,
projects, and funding needs;
(2) serve as a forum for discussion for State transportation
decisions affecting freight mobility;
(3) communicate and coordinate regional priorities with
other organizations;
(4) promote the sharing of information between the private
and public sectors on freight issues; and
(5) participate in the development of the freight plan of
the State described in section 1118.
23 USC 167 note.

SEC. 1118. STATE FREIGHT PLANS.

(a) IN GENERAL.—The Secretary shall encourage each State
to develop a freight plan that provides a comprehensive plan for
the immediate and long-range planning activities and investments
of the State with respect to freight.
(b) PLAN CONTENTS.—A freight plan described in subsection
(a) shall include, at a minimum—
(1) an identification of significant freight system trends,
needs, and issues with respect to the State;
(2) a description of the freight policies, strategies, and
performance measures that will guide the freight-related
transportation investment decisions of the State;
(3) a description of how the plan will improve the ability
of the State to meet the national freight goals established
under section 167 of title 23, United States Code;
(4) evidence of consideration of innovative technologies and
operational strategies, including intelligent transportation systems, that improve the safety and efficiency of freight movement;
(5) in the case of routes on which travel by heavy vehicles
(including mining, agricultural, energy cargo or equipment, and
timber vehicles) is projected to substantially deteriorate the
condition of roadways, a description of improvements that may
be required to reduce or impede the deterioration; and
(6) an inventory of facilities with freight mobility issues,
such as truck bottlenecks, within the State, and a description
of the strategies the State is employing to address those freight
mobility issues.
(c) RELATIONSHIP TO LONG-RANGE PLAN.—A freight plan
described in subsection (a) may be developed separate from or
incorporated into the statewide strategic long-range transportation
plan required by section 135 of title 23, United States Code.
SEC. 1119. FEDERAL LANDS AND TRIBAL TRANSPORTATION PROGRAMS.

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(a) IN GENERAL.—Chapter 2 of title 23, United States Code,
is amended by striking sections 201 through 204 and inserting
the following:
‘‘§ 201. Federal lands and tribal transportation programs
‘‘(a) PURPOSE.—Recognizing the need for all public Federal and
tribal transportation facilities to be treated under uniform policies
similar to the policies that apply to Federal-aid highways and

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126 STAT. 474

PUBLIC LAW 112–141—JULY 6, 2012

other public transportation facilities, the Secretary of Transportation, in collaboration with the Secretaries of the appropriate Federal land management agencies, shall coordinate a uniform policy
for all public Federal and tribal transportation facilities that shall
apply to Federal lands transportation facilities, tribal transportation
facilities, and Federal lands access transportation facilities.
‘‘(b) AVAILABILITY OF FUNDS.—
‘‘(1) AVAILABILITY.—Funds authorized for the tribal
transportation program, the Federal lands transportation program, and the Federal lands access program shall be available
for contract upon apportionment, or on October 1 of the fiscal
year for which the funds were authorized if no apportionment
is required.
‘‘(2) AMOUNT REMAINING.—Any amount remaining unexpended for a period of 3 years after the close of the fiscal
year for which the funds were authorized shall lapse.
‘‘(3) OBLIGATIONS.—The Secretary of the department
responsible for the administration of funds under this subsection may incur obligations, approve projects, and enter into
contracts under such authorizations, which shall be considered
to be contractual obligations of the United States for the payment of the cost thereof, the funds of which shall be considered
to have been expended when obligated.
‘‘(4) EXPENDITURE.—
‘‘(A) IN GENERAL.—Any funds authorized for any fiscal
year after the date of enactment of this section under
the Federal lands transportation program, the Federal
lands access program, and the tribal transportation program shall be considered to have been expended if a sum
equal to the total of the sums authorized for the fiscal
year and previous fiscal years have been obligated.
‘‘(B) CREDITED FUNDS.—Any funds described in
subparagraph (A) that are released by payment of final
voucher or modification of project authorizations shall be—
‘‘(i) credited to the balance of unobligated
authorizations; and
‘‘(ii) immediately available for expenditure.
‘‘(5) APPLICABILITY.—This section shall not apply to funds
authorized before the date of enactment of this paragraph.
‘‘(6) CONTRACTUAL OBLIGATION.—
‘‘(A) IN GENERAL.—Notwithstanding any other provision of law (including regulations), the authorization by
the Secretary, or the Secretary of the appropriate Federal
land management agency if the agency is the contracting
office, of engineering and related work for the development,
design, and acquisition associated with a construction
project, whether performed by contract or agreement
authorized by law, or the approval by the Secretary of
plans, specifications, and estimates for construction of a
project, shall be considered to constitute a contractual
obligation of the Federal Government to pay the total
eligible cost of—
‘‘(i) any project funded under this title; and
‘‘(ii) any project funded pursuant to agreements
authorized by this title or any other title.
‘‘(B) EFFECT.—Nothing in this paragraph—

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PUBLIC LAW 112–141—JULY 6, 2012

126 STAT. 475

‘‘(i) affects the application of the Federal share
associated with the project being undertaken under
this section; or
‘‘(ii) modifies the point of obligation associated with
Federal salaries and expenses.
‘‘(7) FEDERAL SHARE.—
‘‘(A) TRIBAL AND FEDERAL LANDS TRANSPORTATION PROGRAM.—The Federal share of the cost of a project carried
out under the Federal lands transportation program or
the tribal transportation program shall be 100 percent.
‘‘(B) FEDERAL LANDS ACCESS PROGRAM.—The Federal
share of the cost of a project carried out under the Federal
lands access program shall be determined in accordance
with section 120.
‘‘(c) TRANSPORTATION PLANNING.—
‘‘(1) TRANSPORTATION PLANNING PROCEDURES.—In consultation with the Secretary of each appropriate Federal land
management agency, the Secretary shall implement transportation planning procedures for Federal lands and tribal
transportation facilities that are consistent with the planning
processes required under sections 134 and 135.
‘‘(2) APPROVAL OF TRANSPORTATION IMPROVEMENT PROGRAM.—The transportation improvement program developed as
a part of the transportation planning process under this section
shall be approved by the Secretary.
‘‘(3) INCLUSION IN OTHER PLANS.—Each regionally significant tribal transportation program, Federal lands transportation program, and Federal lands access program project shall
be—
‘‘(A) developed in cooperation with State and metropolitan planning organizations; and
‘‘(B) included in appropriate tribal transportation program plans, Federal lands transportation program plans,
Federal lands access program plans, State and metropolitan
plans, and transportation improvement programs.
‘‘(4) INCLUSION IN STATE PROGRAMS.—The approved tribal
transportation program, Federal lands transportation program,
and Federal lands access program transportation improvement
programs shall be included in appropriate State and metropolitan planning organization plans and programs without further
action on the transportation improvement program.
‘‘(5) ASSET MANAGEMENT.—The Secretary and the Secretary
of each appropriate Federal land management agency shall,
to the extent appropriate, implement safety, bridge, pavement,
and congestion management systems for facilities funded under
the tribal transportation program and the Federal lands
transportation program in support of asset management.
‘‘(6) DATA COLLECTION.—
‘‘(A) DATA COLLECTION.—The Secretaries of the appropriate Federal land management agencies shall collect and
report data necessary to implement the Federal lands
transportation program, the Federal lands access program,
and the tribal transportation program in accordance with
the Indian Self-Determination and Education Assistance
Act (25 U.S.C. 450 et seq.), including—

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PUBLIC LAW 112–141—JULY 6, 2012

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‘‘(i) inventory and condition information on Federal
lands transportation facilities and tribal transportation
facilities; and
‘‘(ii) bridge inspection and inventory information
on any Federal bridge open to the public.
‘‘(B) STANDARDS.—The Secretary, in coordination with
the Secretaries of the appropriate Federal land management agencies, shall define the collection and reporting
data standards.
‘‘(7) ADMINISTRATIVE EXPENSES.—To implement the activities described in this subsection, including direct support of
transportation planning activities among Federal land management agencies, the Secretary may use not more than 5 percent
for each fiscal year of the funds authorized for programs under
sections 203 and 204.
‘‘(d) REIMBURSABLE AGREEMENTS.—In carrying out work under
reimbursable agreements with any State, local, or tribal government
under this title, the Secretary—
‘‘(1) may, without regard to any other provision of law
(including regulations), record obligations against accounts
receivable from the entity; and
‘‘(2) shall credit amounts received from the entity to the
appropriate account, which shall occur not later than 90 days
after the date of the original request by the Secretary for
payment.
‘‘(e) TRANSFERS.—
‘‘(1) IN GENERAL.—To enable the efficient use of funds
made available for the Federal lands transportation program
and the Federal lands access program, the funds may be transferred by the Secretary within and between each program with
the concurrence of, as appropriate—
‘‘(A) the Secretary;
‘‘(B) the affected Secretaries of the respective Federal
land management agencies;
‘‘(C) State departments of transportation; and
‘‘(D) local government agencies.
‘‘(2) CREDIT.—The funds described in paragraph (1) shall
be credited back to the loaning entity with funds that are
currently available for obligation at the time of the credit.
‘‘§ 202. Tribal transportation program
‘‘(a) USE OF FUNDS.—
‘‘(1) IN GENERAL.—Funds made available under the tribal
transportation program shall be used by the Secretary of
Transportation and the Secretary of the Interior to pay the
costs of—
‘‘(A)(i) transportation planning, research, maintenance,
engineering, rehabilitation, restoration, construction, and
reconstruction of tribal transportation facilities;
‘‘(ii) adjacent vehicular parking areas;
‘‘(iii) interpretive signage;
‘‘(iv) acquisition of necessary scenic easements and
scenic or historic sites;
‘‘(v) provisions for pedestrians and bicycles;
‘‘(vi) environmental mitigation in or adjacent to tribal
land—

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PUBLIC LAW 112–141—JULY 6, 2012

126 STAT. 477

‘‘(I) to improve public safety and reduce vehiclecaused wildlife mortality while maintaining habitat
connectivity; and
‘‘(II) to mitigate the damage to wildlife, aquatic
organism passage, habitat, and ecosystem connectivity,
including the costs of constructing, maintaining,
replacing, or removing culverts and bridges, as appropriate;
‘‘(vii) construction and reconstruction of roadside rest
areas, including sanitary and water facilities; and
‘‘(viii) other appropriate public road facilities as determined by the Secretary;
‘‘(B) operation and maintenance of transit programs
and facilities that are located on, or provide access to,
tribal land, or are administered by a tribal government;
and
‘‘(C) any transportation project eligible for assistance
under this title that is located within, or that provides
access to, tribal land, or is associated with a tribal government.
‘‘(2) CONTRACT.—In connection with an activity described
in paragraph (1), the Secretary and the Secretary of the Interior
may enter into a contract or other appropriate agreement with
respect to the activity with—
‘‘(A) a State (including a political subdivision of a
State); or
‘‘(B) an Indian tribe.
‘‘(3) INDIAN LABOR.—Indian labor may be employed, in
accordance with such rules and regulations as may be promulgated by the Secretary of the Interior, to carry out any construction or other activity described in paragraph (1).
‘‘(4) FEDERAL EMPLOYMENT.—No maximum limitation on
Federal employment shall be applicable to the construction
or improvement of tribal transportation facilities.
‘‘(5) FUNDS FOR CONSTRUCTION AND IMPROVEMENT.—All
funds made available for the construction and improvement
of tribal transportation facilities shall be administered in conformity with regulations and agreements jointly approved by
the Secretary and the Secretary of the Interior.
‘‘(6) ADMINISTRATIVE EXPENSES.—Of the funds authorized
to be appropriated for the tribal transportation program, not
more than 6 percent may be used by the Secretary or the
Secretary of the Interior for program management and oversight and project-related administrative expenses.
‘‘(7) TRIBAL TECHNICAL ASSISTANCE CENTERS.—The Secretary of the Interior may reserve amounts from administrative
funds of the Bureau of Indian Affairs that are associated with
the tribal transportation program to fund tribal technical assistance centers under section 504(b).
‘‘(8) MAINTENANCE.—
‘‘(A) USE OF FUNDS.—Notwithstanding any other provision of this title, of the amount of funds allocated to an
Indian tribe from the tribal transportation program, for
the purpose of maintenance (excluding road sealing, which
shall not be subject to any limitation), the Secretary shall
not use an amount more than the greater of—
‘‘(i) an amount equal to 25 percent; or

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126 STAT. 478

PUBLIC LAW 112–141—JULY 6, 2012
‘‘(ii) $500,000.
‘‘(B) RESPONSIBILITY OF BUREAU OF INDIAN AFFAIRS AND
SECRETARY OF THE INTERIOR.—
‘‘(i) BUREAU OF INDIAN AFFAIRS.—The Bureau of
Indian Affairs shall retain primary responsibility,
including annual funding request responsibility, for
Bureau of Indian Affairs road maintenance programs
on Indian reservations.
‘‘(ii) SECRETARY OF THE INTERIOR.—The Secretary
of the Interior shall ensure that funding made available
under this subsection for maintenance of tribal
transportation facilities for each fiscal year is supplementary to, and not in lieu of, any obligation of funds
by the Bureau of Indian Affairs for road maintenance
programs on Indian reservations.
‘‘(C) TRIBAL-STATE ROAD MAINTENANCE AGREEMENTS.—
‘‘(i) IN GENERAL.—An Indian tribe and a State
may enter into a road maintenance agreement under
which an Indian tribe shall assume the responsibility
of the State for—
‘‘(I) tribal transportation facilities; and
‘‘(II) roads providing access to tribal transportation facilities.
‘‘(ii) REQUIREMENTS.—Agreements entered into
under clause (i) shall—
‘‘(I) be negotiated between the State and the
Indian tribe; and
‘‘(II) not require the approval of the Secretary.
‘‘(9) COOPERATION.—
‘‘(A) IN GENERAL.—The cooperation of States, counties,
or other local subdivisions may be accepted in construction
and improvement.
‘‘(B) FUNDS RECEIVED.—Any funds received from a
State, county, or local subdivision shall be credited to
appropriations available for the tribal transportation program.
‘‘(10) COMPETITIVE BIDDING.—
‘‘(A) CONSTRUCTION.—
‘‘(i) IN GENERAL.—Subject to clause (ii) and
subparagraph (B), construction of each project shall
be performed by contract awarded by competitive bidding.
‘‘(ii) EXCEPTION.—Clause (i) shall not apply if the
Secretary or the Secretary of the Interior affirmatively
finds that, under the circumstances relating to the
project, a different method is in the public interest.
‘‘(B) APPLICABILITY.—Notwithstanding subparagraph
(A), section 23 of the Act of June 25, 1910 (25 U.S.C.
47) and section 7(b) of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 450e(b)) shall apply
to all funds administered by the Secretary of the Interior
that are appropriated for the construction and improvement
of tribal transportation facilities.
‘‘(b) FUNDS DISTRIBUTION.—
‘‘(1) NATIONAL TRIBAL TRANSPORTATION FACILITY INVENTORY.—

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PUBLIC LAW 112–141—JULY 6, 2012

126 STAT. 479

‘‘(A) IN GENERAL.—The Secretary of the Interior, in
cooperation with the Secretary, shall maintain a comprehensive national inventory of tribal transportation facilities that are eligible for assistance under the tribal
transportation program.
‘‘(B) TRANSPORTATION FACILITIES INCLUDED IN THE
INVENTORY.—For
purposes of identifying the tribal
transportation system and determining the relative
transportation needs among Indian tribes, the Secretary
shall include, at a minimum, transportation facilities that
are eligible for assistance under the tribal transportation
program that an Indian tribe has requested, including
facilities that—
‘‘(i) were included in the Bureau of Indian Affairs
system inventory prior to October 1, 2004;
‘‘(ii) are owned by an Indian tribal government;
‘‘(iii) are owned by the Bureau of Indian Affairs;
‘‘(iv) were constructed or reconstructed with funds
from the Highway Trust Fund under the Indian reservation roads program since 1983;
‘‘(v) are public roads or bridges within the exterior
boundary of Indian reservations, Alaska Native villages, and other recognized Indian communities
(including communities in former Indian reservations
in the State of Oklahoma) in which the majority of
residents are American Indians or Alaska Natives;
‘‘(vi) are public roads within or providing access
to an Indian reservation or Indian trust land or
restricted Indian land that is not subject to fee title
alienation without the approval of the Federal Government, or Indian or Alaska Native villages, groups, or
communities in which Indians and Alaska Natives
reside, whom the Secretary of the Interior has determined are eligible for services generally available to
Indians under Federal laws specifically applicable to
Indians; or
‘‘(vii) are primary access routes proposed by tribal
governments, including roads between villages, roads
to landfills, roads to drinking water sources, roads
to natural resources identified for economic development, and roads that provide access to intermodal
terminals, such as airports, harbors, or boat landings.
‘‘(C) LIMITATION ON PRIMARY ACCESS ROUTES.—For purposes of this paragraph, a proposed primary access route
is the shortest practicable route connecting 2 points of
the proposed route.
‘‘(D) ADDITIONAL FACILITIES.—Nothing in this paragraph precludes the Secretary from including additional
transportation facilities that are eligible for funding under
the tribal transportation program in the inventory used
for the national funding allocation if such additional facilities are included in the inventory in a uniform and consistent manner nationally.
‘‘(E) BRIDGES.—All bridges in the inventory shall be
recorded in the national bridge inventory administered by
the Secretary under section 144.

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126 STAT. 480

PUBLIC LAW 112–141—JULY 6, 2012
‘‘(2) REGULATIONS.—Notwithstanding sections 563(a) and
565(a) of title 5, the Secretary of the Interior shall maintain
any regulations governing the tribal transportation program.
‘‘(3) BASIS FOR FUNDING FORMULA.—
‘‘(A) BASIS.—
‘‘(i) IN GENERAL.—After making the set asides
authorized under subparagraph (C) and subsections
(c), (d), and (e) on October 1 of each fiscal year, the
Secretary shall distribute the remainder authorized
to be appropriated for the tribal transportation program under this section among Indian tribes as follows:
‘‘(I) For fiscal year 2013—
‘‘(aa) for each Indian tribe, 80 percent of
the total relative need distribution factor and
population adjustment factor for the fiscal year
2011 funding amount made available to that
Indian tribe; and
‘‘(bb) the remainder using tribal shares
as described in subparagraphs (B) and (C).
‘‘(II) For fiscal year 2014—
‘‘(aa) for each Indian tribe, 60 percent of
the total relative need distribution factor and
population adjustment factor for the fiscal year
2011 funding amount made available to that
Indian tribe; and
‘‘(bb) the remainder using tribal shares
as described in subparagraphs (B) and (C).
‘‘(III) For fiscal year 2015—
‘‘(aa) for each Indian tribe, 40 percent of
the total relative need distribution factor and
population adjustment factor for the fiscal year
2011 funding amount made available to that
Indian tribe; and
‘‘(bb) the remainder using tribal shares
as described in subparagraphs (B) and (C).
‘‘(IV) For fiscal year 2016 and thereafter—
‘‘(aa) for each Indian tribe, 20 percent of
the total relative need distribution factor and
population adjustment factor for the fiscal year
2011 funding amount made available to that
Indian tribe; and
‘‘(bb) the remainder using tribal shares
as described in subparagraphs (B) and (C).
‘‘(ii) TRIBAL HIGH PRIORITY PROJECTS.—The High
Priority Projects program as included in the Tribal
Transportation Allocation Methodology of part 170 of
title 25, Code of Federal Regulations (as in effect on
the date of enactment of the MAP–21), shall not continue in effect.
‘‘(B) TRIBAL SHARES.—Tribal shares under this program
shall be determined using the national tribal transportation
facility inventory as calculated for fiscal year 2012, and
the most recent data on American Indian and Alaska
Native population within each Indian tribe’s American
Indian/Alaska Native Reservation or Statistical Area, as
computed under the Native American Housing Assistance

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PUBLIC LAW 112–141—JULY 6, 2012

126 STAT. 481

and Self-Determination Act of 1996 (25 U.S.C. 4101 et
seq.), in the following manner:
‘‘(i) 27 percent in the ratio that the total eligible
road mileage in each tribe bears to the total eligible
road mileage of all American Indians and Alaskan
Natives. For the purposes of this calculation, eligible
road mileage shall be computed based on the inventory
described in paragraph (1), using only facilities
included in the inventory described in clause (i), (ii),
or (iii) of paragraph (1)(B).
‘‘(ii) 39 percent in the ratio that the total population in each tribe bears to the total population of
all American Indians and Alaskan Natives.
‘‘(iii) 34 percent shall be divided equally among
each Bureau of Indian Affairs region. Within each
region, such share of funds shall be distributed to
each Indian tribe in the ratio that the average total
relative need distribution factors and population
adjustment factors from fiscal years 2005 through 2011
for a tribe bears to the average total of relative need
distribution factors and population adjustment factors
for fiscal years 2005 through 2011 in that region.
‘‘(C) TRIBAL SUPPLEMENTAL FUNDING.—
‘‘(i) TRIBAL SUPPLEMENTAL FUNDING AMOUNT.—Of
funds made available for each fiscal year for the tribal
transportation program, the Secretary shall set aside
the following amount for a tribal supplemental program:
‘‘(I) If the amount made available for the tribal
transportation program is less than or equal to
$275,000,000, 30 percent of such amount.
‘‘(II) If the amount made available for the
tribal
transportation
program
exceeds
$275,000,000—
‘‘(aa) $82,500,000; plus
‘‘(bb) 12.5 percent of the amount made
available for the tribal transportation program
in excess of $275,000,000.
‘‘(ii) TRIBAL SUPPLEMENTAL ALLOCATION.—The Secretary shall distribute tribal supplemental funds as
follows:
‘‘(I) DISTRIBUTION AMONG REGIONS.—Of the
amounts set aside under clause (i), the Secretary
shall distribute to each region of the Bureau of
Indian Affairs a share of tribal supplemental funds
in proportion to the regional total of tribal shares
based on the cumulative tribal shares of all Indian
tribes within such region under subparagraph (B).
‘‘(II) DISTRIBUTION WITHIN A REGION.—Of the
amount that a region receives under subclause
(I), the Secretary shall distribute tribal supplemental funding among Indian tribes within such
region as follows:
‘‘(aa) TRIBAL SUPPLEMENTAL AMOUNTS.—
The Secretary shall determine—
‘‘(AA) which such Indian tribes would
be entitled under subparagraph (A) to

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126 STAT. 482

receive in a fiscal year less funding than
they would receive in fiscal year 2011
pursuant to the relative need distribution
factor and population adjustment factor,
as described in subpart C of part 170 of
title 25, Code of Federal Regulations (as
in effect on the date of enactment of the
MAP–21); and
‘‘(BB) the combined amount that such
Indian tribes would be entitled to receive
in fiscal year 2011 pursuant to such relative need distribution factor and population adjustment factor in excess of the
amount that they would be entitled to
receive in the fiscal year under subparagraph (B).
‘‘(bb) COMBINED AMOUNT.—Subject to subclause (III), the Secretary shall distribute to
each Indian tribe that meets the criteria
described in item (aa)(AA) a share of funding
under this subparagraph in proportion to the
share of the combined amount determined
under item (aa)(BB) attributable to such
Indian tribe.
‘‘(III) CEILING.—An Indian tribe may not
receive under subclause (II) and based on its tribal
share under subparagraph (A) a combined amount
that exceeds the amount that such Indian tribe
would be entitled to receive in fiscal year 2011
pursuant to the relative need distribution factor
and population adjustment factor, as described in
subpart C of part 170 of title 25, Code of Federal
Regulations (as in effect on the date of enactment
of the MAP–21).
‘‘(IV) OTHER AMOUNTS.—If the amount made
available for a region under subclause (I) exceeds
the amount distributed among Indian tribes within
that region under subclause (II), the Secretary
shall distribute the remainder of such region’s
funding under such subclause among all Indian
tribes in that region in proportion to the combined
amount that each such Indian tribe received under
subparagraph (A) and subclauses (I), (II), and
(III).]
‘‘(4) TRANSFERRED FUNDS.—
‘‘(A) IN GENERAL.—Not later than 30 days after the
date on which funds are made available to the Secretary
of the Interior under this paragraph, the funds shall be
distributed to, and made available for immediate use by,
eligible Indian tribes, in accordance with the formula for
distribution of funds under the tribal transportation program.
‘‘(B) USE OF FUNDS.—Notwithstanding any other provision of this section, funds made available to Indian tribes
for tribal transportation facilities shall be expended on
projects identified in a transportation improvement program approved by the Secretary.

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PUBLIC LAW 112–141—JULY 6, 2012

126 STAT. 483

‘‘(5) HEALTH AND SAFETY ASSURANCES.—Notwithstanding
any other provision of law, an Indian tribal government may
approve plans, specifications, and estimates and commence road
and bridge construction with funds made available from the
tribal transportation program through a contract or agreement
under Indian Self-Determination and Education Assistance Act
(25 U.S.C. 450 et seq.), if the Indian tribal government—
‘‘(A) provides assurances in the contract or agreement
that the construction will meet or exceed applicable health
and safety standards;
‘‘(B) obtains the advance review of the plans and specifications from a State-licensed civil engineer that has certified that the plans and specifications meet or exceed
the applicable health and safety standards; and
‘‘(C) provides a copy of the certification under subparagraph (A) to the Deputy Assistant Secretary for Tribal
Government Affairs, Department of Transportation, or the
Assistant Secretary for Indian Affairs, Department of the
Interior, as appropriate.
‘‘(6) CONTRACTS AND AGREEMENTS WITH INDIAN TRIBES.—
‘‘(A) IN GENERAL.—Notwithstanding any other provision of law or any interagency agreement, program guideline, manual, or policy directive, all funds made available
through the Secretary of the Interior under this chapter
and section 125(e) for tribal transportation facilities to
pay for the costs of programs, services, functions, and
activities, or portions of programs, services, functions, or
activities, that are specifically or functionally related to
the cost of planning, research, engineering, and construction of any tribal transportation facility shall be made
available, upon request of the Indian tribal government,
to the Indian tribal government for contracts and agreements for such planning, research, engineering, and
construction in accordance with Indian Self-Determination
and Education Assistance Act (25 U.S.C. 450 et seq.).
‘‘(B) EXCLUSION OF AGENCY PARTICIPATION.—All funds,
including contract support costs, for programs, functions,
services, or activities, or portions of programs, services,
functions, or activities, including supportive administrative
functions that are otherwise contractible to which subparagraph (A) applies, shall be paid in accordance with subparagraph (A), without regard to the organizational level at
which the Department of the Interior has previously carried
out such programs, functions, services, or activities.
‘‘(7) CONTRACTS AND AGREEMENTS WITH INDIAN TRIBES.—
‘‘(A) IN GENERAL.—Notwithstanding any other provision of law or any interagency agreement, program guideline, manual, or policy directive, all funds made available
to an Indian tribal government under this chapter for
a tribal transportation facility program or project shall
be made available, on the request of the Indian tribal
government, to the Indian tribal government for use in
carrying out, in accordance with the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450 et seq.),
contracts and agreements for the planning, research,
design, engineering, construction, and maintenance relating
to the program or project.

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126 STAT. 484

PUBLIC LAW 112–141—JULY 6, 2012
‘‘(B) EXCLUSION OF AGENCY PARTICIPATION.—In accordance with subparagraph (A), all funds, including contract
support costs, for a program or project to which subparagraph (A) applies shall be paid to the Indian tribal government without regard to the organizational level at which
the Department of the Interior has previously carried out,
or the Department of Transportation has previously carried
out under the tribal transportation program, the programs,
functions, services, or activities involved.
‘‘(C) CONSORTIA.—Two or more Indian tribes that are
otherwise eligible to participate in a program or project
to which this chapter applies may form a consortium to
be considered as a single Indian tribe for the purpose
of participating in the project under this section.
‘‘(D) SECRETARY AS SIGNATORY.—Notwithstanding any
other provision of law, the Secretary is authorized to enter
into a funding agreement with an Indian tribal government
to carry out a tribal transportation facility program or
project under subparagraph (A) that is located on an Indian
reservation or provides access to the reservation or a
community of the Indian tribe.
‘‘(E) FUNDING.—The amount an Indian tribal government receives for a program or project under subparagraph
(A) shall equal the sum of the funding that the Indian
tribal government would otherwise receive for the program
or project in accordance with the funding formula established under this subsection and such additional amounts
as the Secretary determines equal the amounts that would
have been withheld for the costs of the Bureau of Indian
Affairs for administration of the program or project.
‘‘(F) ELIGIBILITY.—
‘‘(i) IN GENERAL.—Subject to clause (ii) and the
approval of the Secretary, funds may be made available
under subparagraph (A) to an Indian tribal government
for a program or project in a fiscal year only if the
Indian tribal government requesting such funds demonstrates to the satisfaction of the Secretary financial
stability and financial management capability during
the 3 fiscal years immediately preceding the fiscal
year for which the request is being made.
‘‘(ii) CONSIDERATIONS.—An Indian tribal government that had no uncorrected significant and material
audit exceptions in the required annual audit of the
contracts or self-governance funding agreements made
by the Indian tribe with any Federal agency under
the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450 et seq.) during the 3-fiscal
year period referred in clause (i) shall be conclusive
evidence of the financial stability and financial
management capability of the Indian tribe for purposes
of clause (i).
‘‘(G) ASSUMPTION OF FUNCTIONS AND DUTIES.—An
Indian tribal government receiving funding under subparagraph (A) for a program or project shall assume all functions and duties that the Secretary of the Interior would
have performed with respect to a program or project under
this chapter, other than those functions and duties that

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126 STAT. 485

inherently cannot be legally transferred under the Indian
Self-Determination and Education Assistance Act (25
U.S.C. 450 et seq.).
‘‘(H) POWERS.—An Indian tribal government receiving
funding under subparagraph (A) for a program or project
shall have all powers that the Secretary of the Interior
would have exercised in administering the funds transferred to the Indian tribal government for such program
or project under this section if the funds had not been
transferred, except to the extent that such powers are
powers that inherently cannot be legally transferred under
the Indian Self-Determination and Education Assistance
Act (25 U.S.C. 450 et seq.).
‘‘(I) DISPUTE RESOLUTION.—In the event of a disagreement between the Secretary or the Secretary of the Interior
and an Indian tribe over whether a particular function,
duty, or power may be lawfully transferred to the Indian
tribe under the Indian Self-Determination and Education
Assistance Act (25 U.S.C. 450 et seq.), the Indian tribe
shall have the right to pursue all alternative dispute resolution and appeal procedures authorized by that Act,
including regulations issued to carry out the Act.
‘‘(J) TERMINATION OF CONTRACT OR AGREEMENT.—On
the date of the termination of a contract or agreement
under this section by an Indian tribal government, the
Secretary shall transfer all funds that would have been
allocated to the Indian tribal government under the contract or agreement to the Secretary of the Interior to provide continued transportation services in accordance with
applicable law.
‘‘(c) PLANNING.—
‘‘(1) IN GENERAL.—For each fiscal year, not more than
2 percent of the funds made available for the tribal transportation program shall be allocated among Indian tribal governments that apply for transportation planning pursuant to the
Indian Self-Determination and Education Assistance Act (25
U.S.C. 450 et seq.).
‘‘(2) REQUIREMENT.—An Indian tribal government, in
cooperation with the Secretary of the Interior and, as appropriate, with a State, local government, or metropolitan planning
organization, shall carry out a transportation planning process
in accordance with section 201(c).
‘‘(3) SELECTION AND APPROVAL OF PROJECTS.—A project
funded under this section shall be—
‘‘(A) selected by the Indian tribal government from
the transportation improvement program; and
‘‘(B) subject to the approval of the Secretary of the
Interior and the Secretary.
‘‘(d) TRIBAL TRANSPORTATION FACILITY BRIDGES.—
‘‘(1) NATIONWIDE PRIORITY PROGRAM.—The Secretary shall
maintain a nationwide priority program for improving deficient
bridges eligible for the tribal transportation program.
‘‘(2) FUNDING.—Before making any distribution under subsection (b), the Secretary shall set aside not more than 2
percent of the funds made available under the tribal transportation program for each fiscal year to be allocated—

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‘‘(A) to carry out any planning, design, engineering,
preconstruction, construction, and inspection of a project
to replace, rehabilitate, seismically retrofit, paint, apply
calcium magnesium acetate, sodium acetate/formate, or
other environmentally acceptable, minimally corrosive antiicing and deicing composition; or
‘‘(B) to implement any countermeasure for deficient
tribal transportation facility bridges, including multiplepipe culverts.
‘‘(3) ELIGIBLE BRIDGES.—To be eligible to receive funding
under this subsection, a bridge described in paragraph (1)
shall—
‘‘(A) have an opening of not less than 20 feet;
‘‘(B) be classified as a tribal transportation facility;
and
‘‘(C) be structurally deficient or functionally obsolete.
‘‘(4) APPROVAL REQUIREMENT.—The Secretary may make
funds available under this subsection for preliminary
engineering, construction, and construction engineering activities after approval of required documentation and verification
of eligibility in accordance with this title.
‘‘(e) SAFETY.—
‘‘(1) FUNDING.—Before making any distribution under subsection (b), the Secretary shall set aside not more than 2
percent of the funds made available under the tribal transportation program for each fiscal year to be allocated based on
an identification and analysis of highway safety issues and
opportunities on tribal land, as determined by the Secretary,
on application of the Indian tribal governments for eligible
projects described in section 148(a)(4).
‘‘(2) PROJECT SELECTION.—An Indian tribal government,
in cooperation with the Secretary of the Interior and, as appropriate, with a State, local government, or metropolitan planning
organization, shall select projects from the transportation
improvement program, subject to the approval of the Secretary
and the Secretary of the Interior.
‘‘(f) FEDERAL-AID ELIGIBLE PROJECTS.—Before approving as a
project on a tribal transportation facility any project eligible for
funds apportioned under section 104 in a State, the Secretary
shall, for projects on tribal transportation facilities, determine that
the obligation of funds for the project is supplementary to and
not in lieu of the obligation of a fair and equitable share of funds
apportioned to the State under section 104.
‘‘§ 203. Federal lands transportation program
‘‘(a) USE OF FUNDS.—
‘‘(1) IN GENERAL.—Funds made available under the Federal
lands transportation program shall be used by the Secretary
of Transportation and the Secretary of the appropriate Federal
land management agency to pay the costs of—
‘‘(A) program administration, transportation planning,
research, preventive maintenance, engineering, rehabilitation, restoration, construction, and reconstruction of Federal lands transportation facilities, and—
‘‘(i) adjacent vehicular parking areas;
‘‘(ii) acquisition of necessary scenic easements and
scenic or historic sites;

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PUBLIC LAW 112–141—JULY 6, 2012

126 STAT. 487

‘‘(iii) provision for pedestrians and bicycles;
‘‘(iv) environmental mitigation in or adjacent to
Federal land open to the public—
‘‘(I) to improve public safety and reduce
vehicle-caused wildlife mortality while maintaining
habitat connectivity; and
‘‘(II) to mitigate the damage to wildlife, aquatic
organism passage, habitat, and ecosystem
connectivity, including the costs of constructing,
maintaining, replacing, or removing culverts and
bridges, as appropriate;
‘‘(v) construction and reconstruction of roadside
rest areas, including sanitary and water facilities;
‘‘(vi) congestion mitigation; and
‘‘(vii) other appropriate public road facilities, as
determined by the Secretary;
‘‘(B) operation and maintenance of transit facilities;
‘‘(C) any transportation project eligible for assistance
under this title that is on a public road within or adjacent
to, or that provides access to, Federal lands open to the
public; and
‘‘(D) not more $10,000,000 of the amounts made available per fiscal year to carry out this section for activities
eligible under subparagraph (A)(iv).
‘‘(2) CONTRACT.—In connection with an activity described
in paragraph (1), the Secretary and the Secretary of the appropriate Federal land management agency may enter into a contract or other appropriate agreement with respect to the activity
with—
‘‘(A) a State (including a political subdivision of a
State); or
‘‘(B) an Indian tribe.
‘‘(3) ADMINISTRATION.—All appropriations for the construction and improvement of Federal lands transportation facilities
shall be administered in conformity with regulations and agreements jointly approved by the Secretary and the Secretary
of the appropriate Federal land managing agency.
‘‘(4) COOPERATION.—
‘‘(A) IN GENERAL.—The cooperation of States, counties,
or other local subdivisions may be accepted in construction
and improvement.
‘‘(B) FUNDS RECEIVED.—Any funds received from a
State, county, or local subdivision shall be credited to
appropriations available for the class of Federal lands
transportation facilities to which the funds were contributed.
‘‘(5) COMPETITIVE BIDDING.—
‘‘(A) IN GENERAL.—Subject to subparagraph (B),
construction of each project shall be performed by contract
awarded by competitive bidding.
‘‘(B) EXCEPTION.—Subparagraph (A) shall not apply
if the Secretary or the Secretary of the appropriate Federal
land management agency affirmatively finds that, under
the circumstances relating to the project, a different method
is in the public interest.
‘‘(b) AGENCY PROGRAM DISTRIBUTIONS.—

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Effective date.
Deadlines.

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PUBLIC LAW 112–141—JULY 6, 2012

‘‘(1) IN GENERAL.—On October 1, 2011, and on October
1 of each fiscal year thereafter, the Secretary shall allocate
the sums authorized to be appropriated for the fiscal year
for the Federal lands transportation program on the basis of
applications of need, as determined by the Secretary—
‘‘(A) in consultation with the Secretaries of the
applicable Federal land management agencies; and
‘‘(B) in coordination with the transportation plans
required under section 201 of the respective transportation
systems of—
‘‘(i) the National Park Service;
‘‘(ii) the Forest Service;
‘‘(iii) the United States Fish and Wildlife Service;
‘‘(iv) the Corps of Engineers; and
‘‘(v) the Bureau of Land Management.
‘‘(2) APPLICATIONS.—
‘‘(A) REQUIREMENTS.—Each application submitted by
a Federal land management agency shall include proposed
programs at various potential funding levels, as defined
by the Secretary following collaborative discussions with
applicable Federal land management agencies.
‘‘(B) CONSIDERATION BY SECRETARY.—In evaluating an
application submitted under subparagraph (A), the Secretary shall consider the extent to which the programs
support—
‘‘(i) the transportation goals of—
‘‘(I) a state of good repair of transportation
facilities;
‘‘(II) a reduction of bridge deficiencies, and
‘‘(III) an improvement of safety;
‘‘(ii) high-use Federal recreational sites or Federal
economic generators; and
‘‘(iii) the resource and asset management goals
of the Secretary of the respective Federal land management agency.
‘‘(C) PERMISSIVE CONTENTS.—Applications may include
proposed programs the duration of which extend over a
multiple-year period to support long-term transportation
planning and resource management initiatives.
‘‘(c) NATIONAL FEDERAL LANDS TRANSPORTATION FACILITY
INVENTORY.—
‘‘(1) IN GENERAL.—The Secretaries of the appropriate Federal land management agencies, in cooperation with the Secretary, shall maintain a comprehensive national inventory of
public Federal lands transportation facilities.
‘‘(2) TRANSPORTATION FACILITIES INCLUDED IN THE INVENTORIES.—To identify the Federal lands transportation system
and determine the relative transportation needs among Federal
land management agencies, the inventories shall include, at
a minimum, facilities that—
‘‘(A) provide access to high-use Federal recreation sites
or Federal economic generators, as determined by the Secretary in coordination with the respective Secretaries of
the appropriate Federal land management agencies; and
‘‘(B) are owned by 1 of the following agencies:
‘‘(i) The National Park Service.
‘‘(ii) The Forest Service.

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‘‘(iii) The United States Fish and Wildlife Service.
‘‘(iv) The Bureau of Land Management.
‘‘(v) The Corps of Engineers.
‘‘(3) AVAILABILITY.—The inventories shall be made available
to the Secretary.
‘‘(4) UPDATES.—The Secretaries of the appropriate Federal
land management agencies shall update the inventories of the
appropriate Federal land management agencies, as determined
by the Secretary after collaborative discussions with the Secretaries of the appropriate Federal land management agencies.
‘‘(5) REVIEW.—A decision to add or remove a facility from
the inventory shall not be considered a Federal action for
purposes of review under the National Environmental Policy
Act of 1969 (42 U.S.C. 4321 et seq.).
‘‘(d) BICYCLE SAFETY.—The Secretary of the appropriate Federal
land management agency shall prohibit the use of bicycles on each
federally owned road that has a speed limit of 30 miles per hour
or greater and an adjacent paved path for use by bicycles within
100 yards of the road unless the Secretary determines that the
bicycle level of service on that roadway is rated B or higher.
‘‘§ 204. Federal lands access program
‘‘(a) USE OF FUNDS.—
‘‘(1) IN GENERAL.—Funds made available under the Federal
lands access program shall be used by the Secretary of
Transportation and the Secretary of the appropriate Federal
land management agency to pay the cost of—
‘‘(A) transportation planning, research, engineering,
preventive
maintenance,
rehabilitation,
restoration,
construction, and reconstruction of Federal lands access
transportation facilities located on or adjacent to, or that
provide access to, Federal land, and—
‘‘(i) adjacent vehicular parking areas;
‘‘(ii) acquisition of necessary scenic easements and
scenic or historic sites;
‘‘(iii) provisions for pedestrians and bicycles;
‘‘(iv) environmental mitigation in or adjacent to
Federal land to improve public safety and reduce
vehicle-caused wildlife mortality while maintaining
habitat connectivity;
‘‘(v) construction and reconstruction of roadside
rest areas, including sanitary and water facilities; and
‘‘(vi) other appropriate public road facilities, as
determined by the Secretary;
‘‘(B) operation and maintenance of transit facilities;
and
‘‘(C) any transportation project eligible for assistance
under this title that is within or adjacent to, or that provides access to, Federal land.
‘‘(2) CONTRACT.—In connection with an activity described
in paragraph (1), the Secretary and the Secretary of the appropriate Federal land management agency may enter into a contract or other appropriate agreement with respect to the activity
with—
‘‘(A) a State (including a political subdivision of a
State); or
‘‘(B) an Indian tribe.

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126 STAT. 490

PUBLIC LAW 112–141—JULY 6, 2012
‘‘(3) ADMINISTRATION.—All appropriations for the construction and improvement of Federal lands access transportation
facilities shall be administered in conformity with regulations
and agreements approved by the Secretary.
‘‘(4) COOPERATION.—
‘‘(A) IN GENERAL.—The cooperation of States, counties,
or other local subdivisions may be accepted in construction
and improvement.
‘‘(B) FUNDS RECEIVED.—Any funds received from a
State, county, or local subdivision for a Federal lands access
transportation facility project shall be credited to appropriations available under the Federal lands access program.
‘‘(5) COMPETITIVE BIDDING.—
‘‘(A) IN GENERAL.—Subject to subparagraph (B),
construction of each project shall be performed by contract
awarded by competitive bidding.
‘‘(B) EXCEPTION.—Subparagraph (A) shall not apply
if the Secretary or the Secretary of the appropriate Federal
land management agency affirmatively finds that, under
the circumstances relating to the project, a different method
is in the public interest.
‘‘(b) PROGRAM DISTRIBUTIONS.—
‘‘(1) IN GENERAL.—Funding made available to carry out
the Federal lands access program shall be allocated among
those States that have Federal land, in accordance with the
following formula:
‘‘(A) 80 percent of the available funding for use in
those States that contain at least 1 1⁄2 percent of the
total public land in the United States managed by the
agencies described in paragraph (2), to be distributed as
follows:
‘‘(i) 30 percent in the ratio that—
‘‘(I) recreational visitation within each such
State; bears to
‘‘(II) the recreational visitation within all such
States.
‘‘(ii) 5 percent in the ratio that—
‘‘(I) the Federal land area within each such
State; bears to
‘‘(II) the Federal land area in all such States.
‘‘(iii) 55 percent in the ratio that—
‘‘(I) the Federal public road miles within each
such State; bears to
‘‘(II) the Federal public road miles in all such
States.
‘‘(iv) 10 percent in the ratio that—
‘‘(I) the number of Federal public bridges
within each such State; bears to
‘‘(II) the number of Federal public bridges in
all such States.
‘‘(B) 20 percent of the available funding for use in
those States that do not contain at least 1 1⁄2 percent
of the total public land in the United States managed
by the agencies described in paragraph (2), to be distributed
as follows:
‘‘(i) 30 percent in the ratio that—

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‘‘(I) recreational visitation within each such
State; bears to
‘‘(II) the recreational visitation within all such
States.
‘‘(ii) 5 percent in the ratio that—
‘‘(I) the Federal land area within each such
State; bears to
‘‘(II) the Federal land area in all such States.
‘‘(iii) 55 percent in the ratio that—
‘‘(I) the Federal public road miles within each
such State; bears to
‘‘(II) the Federal public road miles in all such
States.
‘‘(iv) 10 percent in the ratio that—
‘‘(I) the number of Federal public bridges
within each such State; bears to
‘‘(II) the number of Federal public bridges in
all such States.
‘‘(2) DATA SOURCE.—Data necessary to distribute funding
under paragraph (1) shall be provided by the following Federal
land management agencies:
‘‘(A) The National Park Service.
‘‘(B) The Forest Service.
‘‘(C) The United States Fish and Wildlife Service.
‘‘(D) The Bureau of Land Management.
‘‘(E) The Corps of Engineers.
‘‘(c) PROGRAMMING DECISIONS COMMITTEE.—
‘‘(1) IN GENERAL.—Programming decisions shall be made
within each State by a committee comprised of—
‘‘(A) a representative of the Federal Highway Administration;
‘‘(B) a representative of the State Department of
Transportation; and
‘‘(C) a representative of any appropriate political subdivision of the State.
‘‘(2)
CONSULTATION
REQUIREMENT.—The
committee
described in paragraph (1) shall cooperate with each applicable
Federal agency in each State before any joint discussion or
final programming decision.
‘‘(3) PROJECT PREFERENCE.—In making a programming
decision under paragraph (1), the committee shall give preference to projects that provide access to, are adjacent to, or
are located within high-use Federal recreation sites or Federal
economic generators, as identified by the Secretaries of the
appropriate Federal land management agencies.’’.
(b) PUBLIC LANDS DEVELOPMENT ROADS AND TRAILS.—Section
214 of title 23, United States Code, is repealed.
(c) CONFORMING AMENDMENTS.—
(1) CHAPTER 2 ANALYSIS.—The analysis for chapter 2 of
title 23, United States Code, is amended—
(A) by striking the items relating to sections 201
through 204 and inserting the following:

Repeal.

‘‘201. Federal lands and tribal transportation programs.
‘‘202. Tribal transportation program.
‘‘203. Federal lands transportation program.
‘‘204. Federal lands access program.’’; and

(B) by striking the item relating to section 214.

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126 STAT. 492

PUBLIC LAW 112–141—JULY 6, 2012
(2) DEFINITION.—Section 138(a) of title 23, United States
Code, is amended in the third sentence by striking ‘‘park road
or parkway under section 204 of this title’’ and inserting ‘‘Federal lands transportation facility’’.
(3) RULES, REGULATIONS, AND RECOMMENDATIONS.—Section
315 of title 23, United States Code, is amended by striking
‘‘204(f)’’ and inserting ‘‘202(a)(5), 203(a)(3),’’.

SEC. 1120. PROJECTS OF NATIONAL AND REGIONAL SIGNIFICANCE.

Deadline.

Deadline.
Reports.

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Section 1301 of the SAFETEA–LU (23 U.S.C. 101 note; 119
Stat. 1198) is amended—
(1) in subsection (b), by striking ‘‘States’’ and inserting
‘‘eligible applicants’’;
(2) in subsection (c), by striking paragraph (3) and inserting
the following:
‘‘(3) ELIGIBLE APPLICANT.—The term ‘eligible applicant’
means—
‘‘(A) a State department of transportation or a group
of State departments of transportation;
‘‘(B) a tribal government or consortium of tribal governments;
‘‘(C) a transit agency; or
‘‘(D) a multi-State or multi-jurisdictional group of the
agencies described in subparagraphs (A) through (C).’’;
(3) in subsection (d)(2), by striking ‘‘75’’ and inserting ‘‘50’’;
(4) in subsection (e), by striking ‘‘State’’ and inserting
‘‘eligible applicant’’;
(5) in subsection (f)(3) by striking subparagraph (B) and
inserting the following:
‘‘(B) improves roadways vital to national energy security; and’’;
(6) in subsection (g)(1) by adding at the end the following:
‘‘(E) CONGRESSIONAL APPROVAL.—The Secretary may
not issue a letter of intent, enter into a full funding grant
agreement under paragraph (2), or make any other obligation or commitment to fund a project under this section
if a joint resolution of disapproval is enacted disapproving
funding for the project before the last day of the 60-day
period described in subparagraph (B).’’;
(7) in subsection (k), by adding at the end the following:
‘‘(3) PROJECT SELECTION JUSTIFICATIONS.—
‘‘(A) IN GENERAL.—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 Transportation and Infrastructure of the House
of Representatives and the Committee on Environment
and Public Works of the Senate a report that describes
the reasons for selecting the project, based on the criteria
described in subsection (f).
‘‘(B) INCLUSIONS.—The report submitted under
subparagraph (A) shall specify each criteria described in
subsection (f) that the project meets.
‘‘(C) AVAILABILITY.—The Secretary shall make available on the website of the Department the report submitted
under subparagraph (A).’’; and
(8) by striking subsections (l) and (m) and inserting the
following:

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‘‘(l) REPORT.—
‘‘(1) IN GENERAL.—Not later than 2 years after the date
of enactment of the MAP–21, the Secretary shall submit a
report to the Committee on Transportation and Infrastructure
of the House of Representatives and the Committee on Environment and Public Works of the Senate regarding projects of
national and regional significance.
‘‘(2) PURPOSE.—The purpose of the report issued under
this subsection shall be to identify projects of national and
regional significance that—
‘‘(A) will significantly improve the performance of the
Federal-aid highway system, nationally or regionally;
‘‘(B) is able to—
‘‘(i) generate national economic benefits that
reasonably exceed the costs of the projects, including
increased access to jobs, labor, and other critical economic inputs;
‘‘(ii) reduce long-term congestion, including impacts
in the State, region, and the United States, and
increase speed, reliability, and accessibility of the
movement of people or freight; and
‘‘(iii) improve transportation safety, including
reducing transportation accidents, and serious injuries
and fatalities; and
‘‘(C) can be supported by an acceptable degree of nonFederal financial commitments.
‘‘(3) CONTENTS.—The report issued under this subsection
shall include—
‘‘(A) a comprehensive list of each project of national
and regional significance that—
‘‘(i) has been complied through a survey of State
departments of transportation; and
‘‘(ii) has been classified by the Secretary as a
project of regional or national significance in accordance with this section;
‘‘(B) an analysis of the information collected under
paragraph (1), including a discussion of the factors supporting each classification of a project as a project of
regional or national significance; and
‘‘(C) recommendations on financing for eligible project
costs.
‘‘(m) AUTHORIZATION OF APPROPRIATIONS.—There is authorized
to be appropriated to carry out this section $500,000,000 for fiscal
year 2013, to remain available until expended.’’.

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SEC. 1121. CONSTRUCTION OF FERRY BOATS AND FERRY TERMINAL
FACILITIES.

(a) CONSTRUCTION OF FERRY BOATS AND FERRY TERMINAL
FACILITIES.—Section 147 of title 23, United States Code, is
amended—
(1) by striking subsections (c) and (d);
(2) by redesignating subsections (e) and (f) as subsections
(f) and (g), respectively; and
(3) by inserting after subsection (b) the following:

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PUBLIC LAW 112–141—JULY 6, 2012

‘‘(c) DISTRIBUTION OF FUNDS.—Of the amounts made available
to ferry systems and public entities responsible for developing ferries under this section for a fiscal year, 100 percent shall be allocated in accordance with the formula set forth in subsection (d).
‘‘(d) FORMULA.—Of the amounts allocated pursuant to subsection (c)—
‘‘(1) 20 percent shall be allocated among eligible entities
in the proportion that—
‘‘(A) the number of ferry passengers carried by each
ferry system in the most recent fiscal year; bears to
‘‘(B) the number of ferry passengers carried by all
ferry systems in the most recent fiscal year;
‘‘(2) 45 percent shall be allocated among eligible entities
in the proportion that—
‘‘(A) the number of vehicles carried by each ferry
system in the most recent fiscal year; bears to
‘‘(B) the number of vehicles carried by all ferry systems
in the most recent fiscal year; and
‘‘(3) 35 percent shall be allocated among eligible entities
in the proportion that—
‘‘(A) the total route miles serviced by each ferry system;
bears to
‘‘(B) the total route miles serviced by all ferry systems.
‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There is authorized
to be appropriated out of the Highway Trust Fund (other than
the Mass Transit Account) to carry out this section $67,000,000
for each of fiscal years 2013 and 2014.’’.
(b) NATIONAL FERRY DATABASE.—Section 1801(e) of the
SAFETEA–LU (23 U.S.C. 129 note; Public Law 109–59) is
amended—
(1) in paragraph (2), by inserting ‘‘, including any Federal,
State, and local government funding sources,’’ after ‘‘sources’’;
and
(2) in paragraph (4)—
(A) in subparagraph (B), by striking ‘‘and’’ at the end;
(B) by redesignating subparagraph (C) as subparagraph (D);
(C) by inserting after subparagraph (B), the following:
‘‘(C) ensure that the database is consistent with the
national transit database maintained by the Federal
Transit Administration; and’’; and
(D) in subparagraph (D) (as redesignated by subparagraph (B)), by striking ‘‘2009’’ and inserting ‘‘2014’’.
SEC. 1122. TRANSPORTATION ALTERNATIVES.

(a) IN GENERAL.—Section 213 of title 23, United States Code,
is amended to read as follows:

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‘‘§ 213. Transportation alternatives
‘‘(a) RESERVATION OF FUNDS.—
‘‘(1) IN GENERAL.—On October 1 of each of fiscal years
2013 and 2014, the Secretary shall proportionally reserve from
the funds apportioned to a State under section 104(b) to carry
out the requirements of this section an amount equal to the
amount obtained by multiplying the amount determined under
paragraph (2) by the ratio that—

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PUBLIC LAW 112–141—JULY 6, 2012

126 STAT. 495

‘‘(A) the amount apportioned to the State for the
transportation enhancements program for fiscal year 2009
under section 133(d)(2), as in effect on the day before
the date of enactment of the MAP-21; bears to
‘‘(B) the total amount of funds apportioned to all States
for that fiscal year for the transportation enhancements
program for fiscal year 2009.
‘‘(2) CALCULATION OF NATIONAL AMOUNT.—The Secretary
shall determine an amount for each fiscal year that is equal
to 2 percent of the amounts authorized to be appropriated
for such fiscal year from the Highway Trust Fund (other than
the Mass Transit Account) to carry out chapters 1, 2, 5, and
6 of this title.
‘‘(b) ELIGIBLE PROJECTS.—A State may obligate the funds
reserved under this section for any of the following projects or
activities:
‘‘(1) Transportation alternatives, as defined in section 101.
‘‘(2) The recreational trails program under section 206.
‘‘(3) The safe routes to school program under section 1404
of the SAFETEA–LU (23 U.S.C. 402 note; Public Law 109–
59).
‘‘(4) Planning, designing, or constructing boulevards and
other roadways largely in the right-of-way of former Interstate
System routes or other divided highways.
‘‘(c) ALLOCATIONS OF FUNDS.—
‘‘(1) CALCULATION.—Of the funds reserved in a State under
this section—
‘‘(A) 50 percent for a fiscal year shall be obligated
under this section to any eligible entity in proportion to
their relative shares of the population of the State—
‘‘(i) in urbanized areas of the State with an urbanized area population of over 200,000;
‘‘(ii) in areas of the State other than urban areas
with a population greater than 5,000; and
‘‘(iii) in other areas of the State; and
‘‘(B) 50 percent shall 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 200,000
POPULATION.—
‘‘(A) IN GENERAL.—Except as provided in paragraph
(1)(B), the amount of funds that a State is required to
obligate under paragraph (1)(A)(i) shall be obligated in
urbanized areas described in paragraph (1)(A)(i) based on
the relative population of the areas.
‘‘(B) OTHER FACTORS.—A State may obligate the funds
described in subparagraph (A) based on other factors if
the State and the relevant metropolitan planning organizations jointly apply to the Secretary for the permission to
base the obligation on other factors and the Secretary
grants the request.
‘‘(4) ACCESS TO FUNDS.—
‘‘(A) IN GENERAL.—Each State or metropolitan planning
organization required to obligate funds in accordance with

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126 STAT. 496

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paragraph (1) shall develop a competitive process to allow
eligible entities to submit projects for funding that achieve
the objectives of this subsection.
‘‘(B) DEFINITION OF ELIGIBLE ENTITY.—In this paragraph, the term ‘eligible entity’ means—
‘‘(i) a local government;
‘‘(ii) a regional transportation authority;
‘‘(iii) a transit agency;
‘‘(iv) a natural resource or public land agency;
‘‘(v) a school district, local education agency, or
school;
‘‘(vi) a tribal government; and
‘‘(vii) any other local or regional governmental
entity with responsibility for or oversight of transportation or recreational trails (other than a metropolitan
planning organization or a State agency) that the State
determines to be eligible, consistent with the goals
of this subsection.
‘‘(5) SELECTION OF PROJECTS.—For funds reserved in a State
under this section and suballocated to a metropolitan planning
area under paragraph (1)(A)(i), each such metropolitan planning
organization shall select projects carried out within the boundaries of the applicable metropolitan planning area, in consultation with the relevant State.
‘‘(d) FLEXIBILITY OF EXCESS RESERVED FUNDING.—Beginning
in the second fiscal year after the date of enactment of the MAP21, if on August 1 of that fiscal year the unobligated balance
of available funds reserved by a State under this section exceeds
100 percent of such reserved amount in such fiscal year, the State
may thereafter obligate the amount of excess funds for any
activity—
‘‘(1) that is eligible to receive funding under this section;
or
‘‘(2) for which the Secretary has approved the obligation
of funds for any State under section 149.
‘‘(e) TREATMENT OF PROJECTS.—Notwithstanding any other
provision of law, projects funded under this section (excluding those
carried out under subsection (f)) shall be treated as projects on
a Federal-aid highway under this chapter.
‘‘(f) CONTINUATION OF CERTAIN RECREATIONAL TRAILS
PROJECTS.—Each State shall—
‘‘(1) obligate an amount of funds reserved under this section
equal to the amount of the funds apportioned to the State
for fiscal year 2009 under section 104(h)(2) for projects relating
to recreational trails under section 206;
‘‘(2) return 1 percent of those funds to the Secretary for
the administration of that program; and
‘‘(3) comply with the provisions of the administration of
the recreational trails program under section 206, including
the use of apportioned funds described under subsection
(d)(3)(A) of that section.
‘‘(g) STATE FLEXIBILITY.—A State may opt out of the recreational
trails program under subsection (f) if the Governor of the State
notifies the Secretary not later than 30 days prior to apportionments
being made for any fiscal year.’’.

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PUBLIC LAW 112–141—JULY 6, 2012

126 STAT. 497

(b) CONFORMING AMENDMENT.—The analysis for chapter 2 of
title 23, United States Code, is amended by striking the item
relating to section 213 and inserting the following:
‘‘213. Transportation alternatives’’.

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SEC. 1123. TRIBAL HIGH PRIORITY PROJECTS PROGRAM.

23 USC 202 note.

(a) DEFINITIONS.—In this section:
(1) EMERGENCY OR DISASTER.—The term ‘‘emergency or
disaster’’ means damage to a tribal transportation facility
that—
(A) renders the tribal transportation facility impassable
or unusable;
(B) is caused by—
(i) a natural disaster over a widespread area; or
(ii) a catastrophic failure from an external cause;
and
(C) would be eligible under the emergency relief program under section 125 of title 23, United States Code,
but does not meet the funding thresholds required by that
section.
(2) LIST.—The term ‘‘list’’ means the funding priority list
developed under subsection (c)(5).
(3) PROGRAM.—The term ‘‘program’’ means the Tribal High
Priority Projects program established under subsection (b)(1).
(4) PROJECT.—The term ‘‘project’’ means a project provided
funds under the program.
(b) PROGRAM.—
(1) IN GENERAL.—The Secretary shall use amounts made
available under subsection (h) to carry out a Tribal High Priority Projects program under which funds shall be provided
to eligible applicants in accordance with this section.
(2) ELIGIBLE APPLICANTS.—Applicants eligible for program
funds under this section include—
(A) an Indian tribe whose annual allocation of funding
under section 202 of title 23, United States Code, is insufficient to complete the highest priority project of the Indian
tribe;
(B) a governmental subdivision of an Indian tribe—
(i) that is authorized to administer the funding
of the Indian tribe under section 202 of title 23, United
States Code; and
(ii) for which the annual allocation under that
section is insufficient to complete the highest priority
project of the Indian tribe; or
(C) any Indian tribe that has an emergency or disaster
with respect to a transportation facility included on the
national inventory of tribal transportation facilities under
section 202(b)(1) of title 23, United States Code.
(c) PROJECT APPLICATIONS; FUNDING.—
(1) IN GENERAL.—To apply for funds under this section,
an eligible applicant shall submit to the Department of the
Interior or the Department an application that includes—
(A) project scope of work, including deliverables,
budget, and timeline;
(B) the amount of funds requested;
(C) project information addressing—

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PUBLIC LAW 112–141—JULY 6, 2012
(i) the ranking criteria identified in paragraph (3);
or

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(ii) the nature of the emergency or disaster;
(D) documentation that the project meets the definition
of a tribal transportation facility and is included in the
national inventory of tribal transportation facilities under
section 202(b)(1) of title 23, United States Code;
(E) documentation of official tribal action requesting
the project;
(F) documentation from the Indian tribe providing
authority for the Secretary of the Interior to place the
project on a transportation improvement program if the
project is selected and approved; and
(G) any other information the Secretary of the Interior
or Secretary considers appropriate to make a determination.
(2) LIMITATION ON APPLICATIONS.—An applicant for funds
under the program may only have 1 application for assistance
under this section pending at any 1 time, including any emergency or disaster application.
(3) APPLICATION RANKING.—
(A) IN GENERAL.—The Secretary of the Interior and
the Secretary shall determine the eligibility of, and fund,
program applications, subject to the availability of funds.
(B) RANKING CRITERIA.—The project ranking criteria
for applications under this section shall include—
(i) the existence of safety hazards with documented
fatality and injury accidents;
(ii) the number of years since the Indian tribe
last completed a construction project funded by section
202 of title 23, United States Code;
(iii) the readiness of the Indian tribe to proceed
to construction or bridge design need;
(iv) the percentage of project costs matched by
funds that are not provided under section 202 of title
23, United States Code, with projects with a greater
percentage of other sources of matching funds ranked
ahead of lesser matches);
(v) the amount of funds requested, with requests
for lesser amounts given greater priority;
(vi) the challenges caused by geographic isolation;
and
(vii) all weather access for employment, commerce,
health, safety, educational resources, or housing.
(4) PROJECT SCORING MATRIX.—The project scoring matrix
established in the appendix to part 170 of title 25, Code of
Regulations (as in effect on the date of enactment of this
Act) shall be used to rank all applications accepted under
this section.
(5) FUNDING PRIORITY LIST.—
(A) IN GENERAL.—The Secretary of the Interior and
the Secretary shall jointly produce a funding priority list
that ranks the projects approved for funding under the
program.
(B) LIMITATION.—The number of projects on the list
shall be limited by the amount of funding made available.

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PUBLIC LAW 112–141—JULY 6, 2012

126 STAT. 499

(6) TIMELINE.—The Secretary of the Interior and the Secretary shall—
(A) require applications for funding no sooner than
60 days after funding is made available pursuant to subsection (a);
(B) notify all applicants and Regions in writing of
acceptance of applications;
(C) rank all accepted applications in accordance with
the project scoring matrix, develop the funding priority
list, and return unaccepted applications to the applicant
with an explanation of deficiencies;
(D) notify all accepted applicants of the projects
included on the funding priority list no later than 180
days after the application deadline has passed pursuant
to subparagraph (A); and
(E) distribute funds to successful applicants.
(d) EMERGENCY OR DISASTER PROJECT APPLICATIONS.—
(1) IN GENERAL.—Notwithstanding subsection (c)(6), an
eligible applicant may submit an emergency or disaster project
application at any time during the fiscal year.
(2) CONSIDERATION AS PRIORITY.—The Secretary shall—
(A) consider project applications submitted under paragraph (1) to be a priority; and
(B) fund the project applications in accordance with
paragraph (3).
(3) FUNDING.—
(A) IN GENERAL.—If an eligible applicant submits an
application for a project under this subsection before the
issuance of the list under subsection (c)(5) and the project
is determined to be eligible for program funds, the Secretary of the Interior shall provide funding for the project
before providing funding for other approved projects on
the list.
(B) SUBMISSION AFTER ISSUANCE OF LIST.—If an eligible
applicant submits an application under this subsection
after the issuance of the list under subsection (c)(5) and
the distribution of program funds in accordance with the
list, the Secretary of the Interior shall provide funding
for the project on the date on which unobligated funds
provided to projects on the list are returned to the Department of the Interior.
(C) EFFECT ON OTHER PROJECTS.—If the Secretary of
the Interior uses funding previously designated for a project
on the list to fund an emergency or disaster project under
this subsection, the project on the list that did not receive
funding as a result of the redesignation of funds shall
move to the top of the list the following year.
(4) EMERGENCY OR DISASTER PROJECT COST.—The cost of
a project submitted as an emergency or disaster under this
subsection shall be at least 10 percent of the distribution of
funds of the Indian tribe under section 202(b) of title 23, United
States Code.
(e) LIMITATION ON USE OF FUNDS.—Program funds shall not
be used for—
(1) transportation planning;
(2) research;
(3) routine maintenance activities;

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PUBLIC LAW 112–141—JULY 6, 2012

(4) structures and erosion protection unrelated to transportation and roadways;
(5) general reservation planning not involving transportation;
(6) landscaping and irrigation systems not involving
transportation programs and projects;
(7) work performed on projects that are not included on
a transportation improvement program approved by the Federal
Highway Administration, unless otherwise authorized by the
Secretary of the Interior and the Secretary;
(8) the purchase of equipment unless otherwise authorized
by Federal law; or
(9) the condemnation of land for recreational trails.
(f) LIMITATION ON PROJECT AMOUNTS.—Project funding shall
be limited to a maximum of $1,000,000 per application, except
that funding for disaster or emergency projects shall also be limited
to the estimated cost of repairing damage to the tribal transportation facility.
(g) COST ESTIMATE CERTIFICATION.—All cost estimates prepared
for a project shall be required to be submitted by the applicant
to the Secretary of the Interior and the Secretary for certification
and approval.
(h) AUTHORIZATION OF APPROPRIATIONS.—
(1) IN GENERAL.—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 2013 and 2014.
(2) ADMINISTRATION.—The funds made available under
paragraph (1) shall be administered in the same manner as
funds made available for the tribal transportation program
under section 202 of title 23, United States Code, except that—
(A) the funds made available for the program shall
remain available until September 30 of the third fiscal
year after the year appropriated; and
(B) the Federal share of the cost of a project shall
be 100 percent.

Subtitle B—Performance Management
SEC. 1201. METROPOLITAN TRANSPORTATION PLANNING.

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(a) IN GENERAL.—Section 134 of title 23, United States Code,
is amended to read as follows:
‘‘§ 134. Metropolitan transportation planning
‘‘(a) POLICY.—It is in the national interest—
‘‘(1) to encourage and promote the safe and efficient
management, operation, and development of surface transportation systems that will serve the mobility needs of people
and freight and foster economic growth and development within
and between States and urbanized areas, while minimizing
transportation-related fuel consumption and air pollution
through metropolitan and statewide transportation planning
processes identified in this chapter; and
‘‘(2) to encourage the continued improvement and evolution
of the metropolitan and statewide transportation planning processes by metropolitan planning organizations, State departments of transportation, and public transit operators as guided

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126 STAT. 501

by the planning factors identified in subsection (h) and section
135(d).
‘‘(b) DEFINITIONS.—In this section and section 135, the following
definitions apply:
‘‘(1) METROPOLITAN PLANNING AREA.—The term ‘metropolitan planning area’ means the geographic area determined by
agreement between the metropolitan planning organization for
the area and the Governor under subsection (e).
‘‘(2) METROPOLITAN PLANNING ORGANIZATION.—The term
‘metropolitan planning organization’ means the policy board
of an organization established as a result of the designation
process under subsection (d).
‘‘(3) NONMETROPOLITAN AREA.—The term ‘nonmetropolitan
area’ means a geographic area outside designated metropolitan
planning areas.
‘‘(4) NONMETROPOLITAN LOCAL OFFICIAL.—The term ‘nonmetropolitan local official’ means elected and appointed officials
of general purpose local government in a nonmetropolitan area
with responsibility for transportation.
‘‘(5) REGIONAL TRANSPORTATION PLANNING ORGANIZATION.—
The term ‘regional transportation planning organization’ means
a policy board of an organization established as the result
of a designation under section 135(m).
‘‘(6) TIP.—The term ‘TIP’ means a transportation improvement program developed by a metropolitan planning organization under subsection (j).
‘‘(7) URBANIZED AREA.—The term ‘urbanized area’ means
a geographic area with a population of 50,000 or more, as
determined by the Bureau of the Census.
‘‘(c) GENERAL REQUIREMENTS.—
‘‘(1) DEVELOPMENT OF LONG-RANGE PLANS AND TIPS.—To
accomplish the objectives in subsection (a), metropolitan planning organizations designated under subsection (d), in cooperation with the State and public transportation operators, shall
develop long-range transportation plans and transportation
improvement programs through a performance-driven, outcomebased approach to planning for metropolitan areas of the State.
‘‘(2) CONTENTS.—The plans and TIPs for each metropolitan
area shall provide for the development and integrated management and operation of transportation systems and facilities
(including accessible pedestrian walkways and bicycle transportation facilities) that will function as an intermodal transportation system for the metropolitan planning area and as an
integral part of an intermodal transportation system for the
State and the United States.
‘‘(3) PROCESS OF DEVELOPMENT.—The process for developing
the plans and TIPs shall provide for consideration of all modes
of transportation and shall be continuing, cooperative, and comprehensive to the degree appropriate, based on the complexity
of the transportation problems to be addressed.
‘‘(d) DESIGNATION OF METROPOLITAN PLANNING ORGANIZATIONS.—
‘‘(1) IN GENERAL.—To carry out the transportation planning
process required by this section, a metropolitan planning
organization shall be designated for each urbanized area with
a population of more than 50,000 individuals—

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126 STAT. 502

‘‘(A) by agreement between the Governor and units
of general purpose local government that together represent
at least 75 percent of the affected population (including
the largest incorporated city (based on population) as determined by the Bureau of the Census); or
‘‘(B) in accordance with procedures established by
applicable State or local law.
‘‘(2) STRUCTURE.—Not later than 2 years after the date
of enactment of MAP-21, each metropolitan planning organization that serves an area designated as a transportation management area shall consist of—
‘‘(A) local elected officials;
‘‘(B) officials of public agencies that administer or
operate major modes of transportation in the metropolitan
area, including representation by providers of public
transportation; and
‘‘(C) appropriate State officials.
‘‘(3) LIMITATION ON STATUTORY CONSTRUCTION.—Nothing
in this subsection shall be construed to interfere with the
authority, under any State law in effect on December 18, 1991,
of a public agency with multimodal transportation responsibilities—
‘‘(A) to develop the plans and TIPs for adoption by
a metropolitan planning organization; and
‘‘(B) to develop long-range capital plans, coordinate
transit services and projects, and carry out other activities
pursuant to State law.
‘‘(4) CONTINUING DESIGNATION.—A designation of a metropolitan planning organization under this subsection or any
other provision of law shall remain in effect until the metropolitan planning organization is redesignated under paragraph (5).
‘‘(5) REDESIGNATION PROCEDURES.—
‘‘(A) IN GENERAL.—A metropolitan planning organization may be redesignated by agreement between the Governor and units of general purpose local government that
together represent at least 75 percent of the existing planning area population (including the largest incorporated
city (based on population) as determined by the Bureau
of the Census) as appropriate to carry out this section.
‘‘(B) RESTRUCTURING.—A metropolitan planning
organization may be restructured to meet the requirements
of paragraph (2) without undertaking a redesignation.
‘‘(6) DESIGNATION OF MORE THAN 1 METROPOLITAN PLANNING
ORGANIZATION.—More than 1 metropolitan planning organization may be designated within an existing metropolitan planning area only if the Governor and the existing metropolitan
planning organization determine that the size and complexity
of the existing metropolitan planning area make designation
of more than 1 metropolitan planning organization for the
area appropriate.
‘‘(e) METROPOLITAN PLANNING AREA BOUNDARIES.—
‘‘(1) IN GENERAL.—For the purposes of this section, the
boundaries of a metropolitan planning area shall be determined
by agreement between the metropolitan planning organization
and the Governor.
‘‘(2) INCLUDED AREA.—Each metropolitan planning area—

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‘‘(A) shall encompass at least the existing urbanized
area and the contiguous area expected to become urbanized
within a 20-year forecast period for the transportation plan;
and
‘‘(B) may encompass the entire metropolitan statistical
area or consolidated metropolitan statistical area, as
defined by the Bureau of the Census.
‘‘(3) IDENTIFICATION OF NEW URBANIZED AREAS WITHIN
EXISTING PLANNING AREA BOUNDARIES.—The designation by the
Bureau of the Census of new urbanized areas within an existing
metropolitan planning area shall not require the redesignation
of the existing metropolitan planning organization.
‘‘(4) EXISTING METROPOLITAN PLANNING AREAS IN NONATTAINMENT.—
‘‘(A) IN GENERAL.—Notwithstanding paragraph (2),
except as provided in subparagraph (B), in the case of
an urbanized area designated as a nonattainment area
for ozone or carbon monoxide under the Clean Air Act
(42 U.S.C. 7401 et seq.) as of the date of enactment of
the SAFETEA–LU, the boundaries of the metropolitan
planning area in existence as of such date of enactment
shall be retained.
‘‘(B) EXCEPTION.—The boundaries described in
subparagraph (A) may be adjusted by agreement of the
Governor and affected metropolitan planning organizations
in the manner described in subsection (d)(5).
‘‘(5) NEW METROPOLITAN PLANNING AREAS IN NONATTAINMENT.—In the case of an urbanized area designated after the
date of enactment of the SAFETEA–LU, as a nonattainment
area for ozone or carbon monoxide, the boundaries of the metropolitan planning area—
‘‘(A) shall be established in the manner described in
subsection (d)(1);
‘‘(B) shall encompass the areas described in paragraph
(2)(A);
‘‘(C) may encompass the areas described in paragraph
(2)(B); and
‘‘(D) may address any nonattainment area identified
under the Clean Air Act (42 U.S.C. 7401 et seq.) for ozone
or carbon monoxide.
‘‘(f) COORDINATION IN MULTISTATE AREAS.—
‘‘(1) IN GENERAL.—The Secretary shall encourage each Governor with responsibility for a portion of a multistate metropolitan area and the appropriate metropolitan planning organizations to provide coordinated transportation planning for the
entire metropolitan area.
‘‘(2) INTERSTATE COMPACTS.—The consent of Congress is
granted to any 2 or more States—
‘‘(A) to enter into agreements or compacts, not in conflict with any law of the United States, for cooperative
efforts and mutual assistance in support of activities
authorized under this section as the activities pertain to
interstate areas and localities within the States; and
‘‘(B) to establish such agencies, joint or otherwise, as
the States may determine desirable for making the agreements and compacts effective.

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‘‘(3) RESERVATION OF RIGHTS.—The right to alter, amend,
or repeal interstate compacts entered into under this subsection
is expressly reserved.
‘‘(g) MPO CONSULTATION IN PLAN AND TIP COORDINATION.—
‘‘(1) NONATTAINMENT AREAS.—If more than 1 metropolitan
planning organization has authority within a metropolitan area
or an area which is designated as a nonattainment area for
ozone or carbon monoxide under the Clean Air Act (42 U.S.C.
7401 et seq.), each metropolitan planning organization shall
consult with the other metropolitan planning organizations designated for such area and the State in the coordination of
plans and TIPs required by this section.
‘‘(2) TRANSPORTATION IMPROVEMENTS LOCATED IN MULTIPLE
MPOS.—If a transportation improvement, funded from the Highway Trust Fund or authorized under chapter 53 of title 49,
is located within the boundaries of more than 1 metropolitan
planning area, the metropolitan planning organizations shall
coordinate plans and TIPs regarding the transportation
improvement.
‘‘(3) RELATIONSHIP WITH OTHER PLANNING OFFICIALS.—
‘‘(A) IN GENERAL.—The Secretary shall encourage each
metropolitan planning organization to consult with officials
responsible for other types of planning activities that are
affected by transportation in the area (including State and
local planned growth, economic development, environmental protection, airport operations, and freight movements) or to coordinate its planning process, to the maximum extent practicable, with such planning activities.
‘‘(B) REQUIREMENTS.—Under the metropolitan planning process, transportation plans and TIPs shall be developed with due consideration of other related planning
activities within the metropolitan area, and the process
shall provide for the design and delivery of transportation
services within the metropolitan area that are provided
by—
‘‘(i) recipients of assistance under chapter 53 of
title 49;
‘‘(ii) governmental agencies and nonprofit organizations (including representatives of the agencies and
organizations) that receive Federal assistance from a
source other than the Department of Transportation
to provide nonemergency transportation services; and
‘‘(iii) recipients of assistance under section 204.
‘‘(h) SCOPE OF PLANNING PROCESS.—
‘‘(1) IN GENERAL.—The metropolitan planning process for
a metropolitan planning area under this section shall provide
for consideration of projects and strategies that will—
‘‘(A) support the economic vitality of the metropolitan
area, especially by enabling global competitiveness, productivity, and efficiency;
‘‘(B) increase the safety of the transportation system
for motorized and nonmotorized users;
‘‘(C) increase the security of the transportation system
for motorized and nonmotorized users;
‘‘(D) increase the accessibility and mobility of people
and for freight;

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‘‘(E) protect and enhance the environment, promote
energy conservation, improve the quality of life, and promote consistency between transportation improvements
and State and local planned growth and economic development patterns;
‘‘(F) enhance the integration and connectivity of the
transportation system, across and between modes, for
people and freight;
‘‘(G) promote efficient system management and operation; and
‘‘(H) emphasize the preservation of the existing
transportation system.
‘‘(2) PERFORMANCE-BASED APPROACH.—
‘‘(A) IN GENERAL.—The metropolitan transportation
planning process shall provide for the establishment and
use of a performance-based approach to transportation
decisionmaking to support the national goals described in
section 150(b) of this title and in section 5301(c) of title
49.
‘‘(B) PERFORMANCE TARGETS.—
‘‘(i) SURFACE TRANSPORTATION PERFORMANCE TARGETS.—
‘‘(I) IN GENERAL.—Each metropolitan planning
organization shall establish performance targets
that address the performance measures described
in section 150(c), where applicable, to use in
tracking progress towards attainment of critical
outcomes for the region of the metropolitan planning organization.
‘‘(II) COORDINATION.—Selection of performance
targets by a metropolitan planning organization
shall be coordinated with the relevant State to
ensure consistency, to the maximum extent practicable.
‘‘(ii) PUBLIC TRANSPORTATION PERFORMANCE TARGETS.—Selection of performance targets by a metropolitan planning organization shall be coordinated, to the
maximum extent practicable, with providers of public
transportation to ensure consistency with sections
5326(c) and 5329(d) of title 49.
‘‘(C) TIMING.—Each metropolitan planning organization
shall establish the performance targets under subparagraph (B) not later than 180 days after the date on which
the relevant State or provider of public transportation
establishes the performance targets.
‘‘(D) INTEGRATION OF OTHER PERFORMANCE-BASED
PLANS.—A
metropolitan planning organization shall
integrate in the metropolitan transportation planning
process, directly or by reference, the goals, objectives,
performance measures, and targets described in other State
transportation plans and transportation processes, as well
as any plans developed under chapter 53 of title 49 by
providers of public transportation, required as part of a
performance-based program.
‘‘(3) FAILURE TO CONSIDER FACTORS.—The failure to consider any factor specified in paragraphs (1) and (2) shall not
be reviewable by any court under this title or chapter 53

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of title 49, subchapter II of chapter 5 of title 5, or chapter
7 of title 5 in any matter affecting a transportation plan,
a TIP, a project or strategy, or the certification of a planning
process.
‘‘(i) DEVELOPMENT OF TRANSPORTATION PLAN.—
‘‘(1) REQUIREMENTS.—
‘‘(A) IN GENERAL.—Each metropolitan planning
organization shall prepare and update a transportation
plan for its metropolitan planning area in accordance with
the requirements of this subsection.
‘‘(B) FREQUENCY.—
‘‘(i) IN GENERAL.—The metropolitan planning
organization shall prepare and update such plan every
4 years (or more frequently, if the metropolitan planning organization elects to update more frequently)
in the case of each of the following:
‘‘(I) Any area designated as nonattainment,
as defined in section 107(d) of the Clean Air Act
(42 U.S.C. 7407(d)).
‘‘(II) Any area that was nonattainment and
subsequently designated to attainment in accordance with section 107(d)(3) of that Act (42 U.S.C.
7407(d)(3)) and that is subject to a maintenance
plan under section 175A of that Act (42 U.S.C.
7505a).
‘‘(ii) OTHER AREAS.—In the case of any other area
required to have a transportation plan in accordance
with the requirements of this subsection, the metropolitan planning organization shall prepare and update
such plan every 5 years unless the metropolitan planning organization elects to update more frequently.
‘‘(2) TRANSPORTATION PLAN.—A transportation plan under
this section shall be in a form that the Secretary determines
to be appropriate and shall contain, at a minimum, the following:
‘‘(A) IDENTIFICATION OF TRANSPORTATION FACILITIES.—
‘‘(i) IN GENERAL.—An identification of transportation facilities (including major roadways, transit,
multimodal and intermodal facilities, nonmotorized
transportation facilities, and intermodal connectors)
that should function as an integrated metropolitan
transportation system, giving emphasis to those facilities that serve important national and regional
transportation functions.
‘‘(ii) FACTORS.—In formulating the transportation
plan, the metropolitan planning organization shall consider factors described in subsection (h) as the factors
relate to a 20-year forecast period.
‘‘(B) PERFORMANCE MEASURES AND TARGETS.—A
description of the performance measures and performance
targets used in assessing the performance of the transportation system in accordance with subsection (h)(2).
‘‘(C) SYSTEM PERFORMANCE REPORT.—A system
performance report and subsequent updates evaluating the
condition and performance of the transportation system
with respect to the performance targets described in subsection (h)(2), including—

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‘‘(i) progress achieved by the metropolitan planning
organization in meeting the performance targets in
comparison with system performance recorded in previous reports; and
‘‘(ii) for metropolitan planning organizations that
voluntarily elect to develop multiple scenarios, an analysis of how the preferred scenario has improved the
conditions and performance of the transportation
system and how changes in local policies and investments have impacted the costs necessary to achieve
the identified performance targets.
‘‘(D) MITIGATION ACTIVITIES.—
‘‘(i) IN GENERAL.—A long-range transportation plan
shall include a discussion of types of potential environmental mitigation activities and potential areas to
carry out these activities, including activities that may
have the greatest potential to restore and maintain
the environmental functions affected by the plan.
‘‘(ii) CONSULTATION.—The discussion shall be
developed in consultation with Federal, State, and
tribal wildlife, land management, and regulatory agencies.
‘‘(E) FINANCIAL PLAN.—
‘‘(i) IN GENERAL.—A financial plan that—
‘‘(I) demonstrates how the adopted transportation plan can be implemented;
‘‘(II) indicates resources from public and private sources that are reasonably expected to be
made available to carry out the plan; and
‘‘(III) recommends any additional financing
strategies for needed projects and programs.
‘‘(ii) INCLUSIONS.—The financial plan may include,
for illustrative purposes, additional projects that would
be included in the adopted transportation plan if
reasonable additional resources beyond those identified
in the financial plan were available.
‘‘(iii) COOPERATIVE DEVELOPMENT.—For the purpose of developing the transportation plan, the metropolitan planning organization, transit operator, and
State shall cooperatively develop estimates of funds
that will be available to support plan implementation.
‘‘(F) OPERATIONAL AND MANAGEMENT STRATEGIES.—
Operational and management strategies to improve the
performance of existing transportation facilities to relieve
vehicular congestion and maximize the safety and mobility
of people and goods.
‘‘(G) CAPITAL INVESTMENT AND OTHER STRATEGIES.—
Capital investment and other strategies to preserve the
existing and projected future metropolitan transportation
infrastructure and provide for multimodal capacity
increases based on regional priorities and needs.
‘‘(H) TRANSPORTATION AND TRANSIT ENHANCEMENT
ACTIVITIES.—Proposed transportation and transit enhancement activities.
‘‘(3) COORDINATION WITH CLEAN AIR ACT AGENCIES.—In
metropolitan areas that are in nonattainment for ozone or
carbon monoxide under the Clean Air Act (42 U.S.C. 7401

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PUBLIC LAW 112–141—JULY 6, 2012
et seq.), the metropolitan planning organization shall coordinate
the development of a transportation plan with the process
for development of the transportation control measures of the
State implementation plan required by that Act.
‘‘(4) OPTIONAL SCENARIO DEVELOPMENT.—
‘‘(A) IN GENERAL.—A metropolitan planning organization may, while fitting the needs and complexity of its
community, voluntarily elect to develop multiple scenarios
for consideration as part of the development of the metropolitan transportation plan, in accordance with subparagraph (B).
‘‘(B) RECOMMENDED COMPONENTS.—A metropolitan
planning organization that chooses to develop multiple scenarios under subparagraph (A) shall be encouraged to consider—
‘‘(i) potential regional investment strategies for the
planning horizon;
‘‘(ii) assumed distribution of population and
employment;
‘‘(iii) a scenario that, to the maximum extent practicable, maintains baseline conditions for the performance measures identified in subsection (h)(2);
‘‘(iv) a scenario that improves the baseline conditions for as many of the performance measures identified in subsection (h)(2) as possible;
‘‘(v) revenue constrained scenarios based on the
total revenues expected to be available over the forecast
period of the plan; and
‘‘(vi) estimated costs and potential revenues available to support each scenario.
‘‘(C) METRICS.—In addition to the performance measures identified in section 150(c), metropolitan planning
organizations may evaluate scenarios developed under this
paragraph using locally-developed measures.
‘‘(5) CONSULTATION.—
‘‘(A) IN GENERAL.—In each metropolitan area, the
metropolitan planning organization shall consult, as appropriate, with State and local agencies responsible for land
use management, natural resources, environmental protection, conservation, and historic preservation concerning the
development of a long-range transportation plan.
‘‘(B) ISSUES.—The consultation shall involve, as appropriate—
‘‘(i) comparison of transportation plans with State
conservation plans or maps, if available; or
‘‘(ii) comparison of transportation plans to inventories of natural or historic resources, if available.
‘‘(6) PARTICIPATION BY INTERESTED PARTIES.—
‘‘(A) IN GENERAL.—Each metropolitan planning
organization shall provide citizens, affected public agencies,
representatives of public transportation employees, freight
shippers, providers of freight transportation services, private providers of transportation, representatives of users
of public transportation, representatives of users of pedestrian walkways and bicycle transportation facilities, representatives of the disabled, and other interested parties

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with a reasonable opportunity to comment on the transportation plan.
‘‘(B) CONTENTS OF PARTICIPATION PLAN.—A participation plan—
‘‘(i) shall be developed in consultation with all
interested parties; and
‘‘(ii) shall provide that all interested parties have
reasonable opportunities to comment on the contents
of the transportation plan.
‘‘(C) METHODS.—In carrying out subparagraph (A), the
metropolitan planning organization shall, to the maximum
extent practicable—
‘‘(i) hold any public meetings at convenient and
accessible locations and times;
‘‘(ii) employ visualization techniques to describe
plans; and
‘‘(iii) make public information available in electronically accessible format and means, such as the
World Wide Web, as appropriate to afford reasonable
opportunity for consideration of public information
under subparagraph (A).
‘‘(7) PUBLICATION.—A transportation plan involving Federal
participation shall be published or otherwise made readily
available by the metropolitan planning organization for public
review, including (to the maximum extent practicable) in electronically accessible formats and means, such as the World
Wide Web, approved by the metropolitan planning organization
and submitted for information purposes to the Governor at
such times and in such manner as the Secretary shall establish.
‘‘(8) SELECTION OF PROJECTS FROM ILLUSTRATIVE LIST.—
Notwithstanding paragraph (2)(C), a State or metropolitan
planning organization shall not be required to select any project
from the illustrative list of additional projects included in the
financial plan under paragraph (2)(C).
‘‘(j) METROPOLITAN TIP.—
‘‘(1) DEVELOPMENT.—
‘‘(A) IN GENERAL.—In cooperation with the State and
any affected public transportation operator, the metropolitan planning organization designated for a metropolitan
area shall develop a TIP for the metropolitan planning
area that—
‘‘(i) contains projects consistent with the current
metropolitan transportation plan;
‘‘(ii) reflects the investment priorities established
in the current metropolitan transportation plan; and
‘‘(iii) once implemented, is designed to make
progress toward achieving the performance targets
established under subsection (h)(2).
‘‘(B) OPPORTUNITY FOR COMMENT.—In developing the
TIP, the metropolitan planning organization, in cooperation
with the State and any affected public transportation operator, shall provide an opportunity for participation by
interested parties in the development of the program, in
accordance with subsection (i)(5).
‘‘(C) FUNDING ESTIMATES.—For the purpose of developing the TIP, the metropolitan planning organization,
public transportation agency, and State shall cooperatively

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develop estimates of funds that are reasonably expected
to be available to support program implementation.
‘‘(D) UPDATING AND APPROVAL.—The TIP shall be—
‘‘(i) updated at least once every 4 years; and
‘‘(ii) approved by the metropolitan planning
organization and the Governor.
‘‘(2) CONTENTS.—
‘‘(A) PRIORITY LIST.—The TIP shall include a priority
list of proposed Federally supported projects and strategies
to be carried out within each 4-year period after the initial
adoption of the TIP.
‘‘(B) FINANCIAL PLAN.—The TIP shall include a financial plan that—
‘‘(i) demonstrates how the TIP can be implemented;
‘‘(ii) indicates resources from public and private
sources that are reasonably expected to be available
to carry out the program;
‘‘(iii) identifies innovative financing techniques to
finance projects, programs, and strategies; and
‘‘(iv) may include, for illustrative purposes, additional projects that would be included in the approved
TIP if reasonable additional resources beyond those
identified in the financial plan were available.
‘‘(C) DESCRIPTIONS.—Each project in the TIP shall
include sufficient descriptive material (such as type of work,
termini, length, and other similar factors) to identify the
project or phase of the project.
‘‘(D) PERFORMANCE TARGET ACHIEVEMENT.—The
transportation improvement program shall include, to the
maximum extent practicable, a description of the anticipated effect of the transportation improvement program
toward achieving the performance targets established in
the metropolitan transportation plan, linking investment
priorities to those performance targets.
‘‘(3) INCLUDED PROJECTS.—
‘‘(A) PROJECTS UNDER THIS TITLE AND CHAPTER 53 OF
TITLE 49.—A TIP developed under this subsection for a
metropolitan area shall include the projects within the
area that are proposed for funding under chapter 1 of
this title and chapter 53 of title 49.
‘‘(B) PROJECTS UNDER CHAPTER 2.—
‘‘(i) REGIONALLY SIGNIFICANT PROJECTS.—Regionally significant projects proposed for funding under
chapter 2 shall be identified individually in the
transportation improvement program.
‘‘(ii) OTHER PROJECTS.—Projects proposed for
funding under chapter 2 that are not determined to
be regionally significant shall be grouped in 1 line
item or identified individually in the transportation
improvement program.
‘‘(C) CONSISTENCY WITH LONG-RANGE TRANSPORTATION
PLAN.—Each project shall be consistent with the long-range
transportation plan developed under subsection (i) for the
area.
‘‘(D) REQUIREMENT OF ANTICIPATED FULL FUNDING.—
The program shall include a project, or an identified phase

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of a project, only if full funding can reasonably be anticipated to be available for the project or the identified phase
within the time period contemplated for completion of the
project or the identified phase.
‘‘(4) NOTICE AND COMMENT.—Before approving a TIP, a
metropolitan planning organization, in cooperation with the
State and any affected public transportation operator, shall
provide an opportunity for participation by interested parties
in the development of the program, in accordance with subsection (i)(5).
‘‘(5) SELECTION OF PROJECTS.—
‘‘(A) IN GENERAL.—Except as otherwise provided in
subsection (k)(4) and in addition to the TIP development
required under paragraph (1), the selection of Federally
funded projects in metropolitan areas shall be carried out,
from the approved TIP—
‘‘(i) by—
‘‘(I) in the case of projects under this title,
the State; and
‘‘(II) in the case of projects under chapter 53
of title 49, the designated recipients of public
transportation funding; and
‘‘(ii) in cooperation with the metropolitan planning
organization.
‘‘(B) MODIFICATIONS TO PROJECT PRIORITY.—Notwithstanding any other provision of law, action by the Secretary
shall not be required to advance a project included in
the approved TIP in place of another project in the program.
‘‘(6) SELECTION OF PROJECTS FROM ILLUSTRATIVE LIST.—
‘‘(A) NO REQUIRED SELECTION.—Notwithstanding paragraph (2)(B)(iv), a State or metropolitan planning organization shall not be required to select any project from the
illustrative list of additional projects included in the financial plan under paragraph (2)(B)(iv).
‘‘(B) REQUIRED ACTION BY THE SECRETARY.—Action by
the Secretary shall be required for a State or metropolitan
planning organization to select any project from the illustrative list of additional projects included in the financial
plan under paragraph (2)(B)(iv) for inclusion in an approved
TIP.
‘‘(7) PUBLICATION.—
‘‘(A) PUBLICATION OF TIPS.—A TIP involving Federal
participation shall be published or otherwise made readily
available by the metropolitan planning organization for
public review.
‘‘(B) PUBLICATION OF ANNUAL LISTINGS OF PROJECTS.—
‘‘(i) IN GENERAL.—An annual listing of projects,
including investments in pedestrian walkways and
bicycle transportation facilities, for which Federal
funds have been obligated in the preceding year shall
be published or otherwise made available by the
cooperative effort of the State, transit operator, and
metropolitan planning organization for public review.
‘‘(ii) REQUIREMENT.—The listing shall be consistent
with the categories identified in the TIP.
‘‘(k) TRANSPORTATION MANAGEMENT AREAS.—
‘‘(1) IDENTIFICATION AND DESIGNATION.—

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‘‘(A) REQUIRED IDENTIFICATION.—The Secretary shall
identify as a transportation management area each urbanized area (as defined by the Bureau of the Census) with
a population of over 200,000 individuals.
‘‘(B) DESIGNATIONS ON REQUEST.—The Secretary shall
designate any additional area as a transportation management area on the request of the Governor and the metropolitan planning organization designated for the area.
‘‘(2) TRANSPORTATION PLANS.—In a transportation management area, transportation plans shall be based on a continuing
and comprehensive transportation planning process carried out
by the metropolitan planning organization in cooperation with
the State and public transportation operators.
‘‘(3) CONGESTION MANAGEMENT PROCESS.—
‘‘(A) IN GENERAL.—Within a metropolitan planning
area serving a transportation management area, the
transportation planning process under this section shall
address congestion management through a process that
provides for effective management and operation, based
on a cooperatively developed and implemented metropolitan-wide strategy, of new and existing transportation facilities eligible for funding under this title and chapter 53
of title 49 through the use of travel demand reduction
and operational management strategies.
‘‘(B) SCHEDULE.—The Secretary shall establish an
appropriate phase-in schedule for compliance with the
requirements of this section but no sooner than 1 year
after the identification of a transportation management
area.
‘‘(4) SELECTION OF PROJECTS.—
‘‘(A) IN GENERAL.—All Federally funded projects carried
out within the boundaries of a metropolitan planning area
serving a transportation management area under this title
(excluding projects carried out on the National Highway
System) or under chapter 53 of title 49 shall be selected
for implementation from the approved TIP by the metropolitan planning organization designated for the area in
consultation with the State and any affected public
transportation operator.
‘‘(B) NATIONAL HIGHWAY SYSTEM PROJECTS.—Projects
carried out within the boundaries of a metropolitan planning area serving a transportation management area on
the National Highway System shall be selected for
implementation from the approved TIP by the State in
cooperation with the metropolitan planning organization
designated for the area.
‘‘(5) CERTIFICATION.—
‘‘(A) IN GENERAL.—The Secretary shall—
‘‘(i) ensure that the metropolitan planning process
of a metropolitan planning organization serving a
transportation management area is being carried out
in accordance with applicable provisions of Federal
law; and
‘‘(ii) subject to subparagraph (B), certify, not less
often than once every 4 years, that the requirements
of this paragraph are met with respect to the metropolitan planning process.

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‘‘(B) REQUIREMENTS FOR CERTIFICATION.—The Secretary may make the certification under subparagraph (A)
if—
‘‘(i) the transportation planning process complies
with the requirements of this section and other
applicable requirements of Federal law; and
‘‘(ii) there is a TIP for the metropolitan planning
area that has been approved by the metropolitan planning organization and the Governor.
‘‘(C) EFFECT OF FAILURE TO CERTIFY.—
‘‘(i) WITHHOLDING OF PROJECT FUNDS.—If a metropolitan planning process of a metropolitan planning
organization serving a transportation management
area is not certified, the Secretary may withhold up
to 20 percent of the funds attributable to the metropolitan planning area of the metropolitan planning
organization for projects funded under this title and
chapter 53 of title 49.
‘‘(ii) RESTORATION OF WITHHELD FUNDS.—The withheld funds shall be restored to the metropolitan planning area at such time as the metropolitan planning
process is certified by the Secretary.
‘‘(D) REVIEW OF CERTIFICATION.—In making certification determinations under this paragraph, the Secretary
shall provide for public involvement appropriate to the
metropolitan area under review.
‘‘(l) REPORT ON PERFORMANCE-BASED PLANNING PROCESSES.—
‘‘(1) IN GENERAL.—The Secretary shall submit to Congress
a report on the effectiveness of the performance-based planning
processes of metropolitan planning organizations under this
section, taking into consideration the requirements of this subsection
‘‘(2) REPORT.—Not later than 5 years after the date of
enactment of the MAP–21, the Secretary shall submit to Congress a report evaluating—
‘‘(A) the overall effectiveness of performance-based
planning as a tool for guiding transportation investments;
‘‘(B) the effectiveness of the performance-based planning process of each metropolitan planning organization
under this section;
‘‘(C) the extent to which metropolitan planning
organizations have achieved, or are currently making
substantial progress toward achieving, the performance targets specified under this section and whether metropolitan
planning organizations are developing meaningful performance targets; and
‘‘(D) the technical capacity of metropolitan planning
organizations that operate within a metropolitan planning
area of less than 200,000 and their ability to carry out
the requirements of this section.
‘‘(3) PUBLICATION.—The report under paragraph (2) shall
be published or otherwise made available in electronically accessible formats and means, including on the Internet.
‘‘(m) ABBREVIATED PLANS FOR CERTAIN AREAS.—
‘‘(1) IN GENERAL.—Subject to paragraph (2), in the case
of a metropolitan area not designated as a transportation
management area under this section, the Secretary may provide

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for the development of an abbreviated transportation plan and
TIP for the metropolitan planning area that the Secretary
determines is appropriate to achieve the purposes of this section, taking into account the complexity of transportation problems in the area.
‘‘(2) NONATTAINMENT AREAS.—The Secretary may not
permit abbreviated plans or TIPs for a metropolitan area that
is in nonattainment for ozone or carbon monoxide under the
Clean Air Act (42 U.S.C. 7401 et seq.).
‘‘(n) ADDITIONAL REQUIREMENTS FOR CERTAIN NONATTAINMENT
AREAS.—
‘‘(1) IN GENERAL.—Notwithstanding any other provisions
of this title or chapter 53 of title, for transportation management areas classified as nonattainment for ozone or carbon
monoxide pursuant to the Clean Air Act (42 U.S.C. 7401 et
seq.), Federal funds may not be advanced in such area for
any highway project that will result in a significant increase
in the carrying capacity for single-occupant vehicles unless
the project is addressed through a congestion management
process.
‘‘(2) APPLICABILITY.—This subsection applies to a nonattainment area within the metropolitan planning area boundaries
determined under subsection (e).
‘‘(o) LIMITATION ON STATUTORY CONSTRUCTION.—Nothing in this
section shall be construed to confer on a metropolitan planning
organization the authority to impose legal requirements on any
transportation facility, provider, or project not eligible under this
title or chapter 53 of title 49.
‘‘(p) FUNDING.—Funds set aside under section 104(f) of this
title or section 5305(g) of title 49 shall be available to carry out
this section.
‘‘(q) CONTINUATION OF CURRENT REVIEW PRACTICE.—Since
plans and TIPs described in this section are subject to a reasonable
opportunity for public comment, since individual projects included
in plans and TIPs are subject to review under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), and since
decisions by the Secretary concerning plans and TIPs described
in this section have not been reviewed under that Act as of January
1, 1997, any decision by the Secretary concerning a plan or TIP
described in this section shall not be considered to be a Federal
action subject to review under that Act.’’.
(b) STUDY ON METROPOLITAN PLANNING SCENARIO DEVELOPMENT.—
(1) IN GENERAL.—The Secretary shall evaluate the costs
and benefits associated with metropolitan planning organizations developing multiple scenarios for consideration as a part
of the development of their metropolitan transportation plan.
(2) INCLUSIONS.—The evaluation shall include an analysis
of the technical and financial capacity of the metropolitan planning organization needed to develop scenarios described in paragraph (1).
SEC. 1202. STATEWIDE AND NONMETROPOLITAN TRANSPORTATION
PLANNING.

(a) IN GENERAL.—Section 135 of title 23, United States Code,
is amended to read as follows:

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126 STAT. 515

‘‘§ 135. Statewide and nonmetropolitan transportation planning
‘‘(a) GENERAL REQUIREMENTS.—
‘‘(1) DEVELOPMENT OF PLANS AND PROGRAMS.—Subject to
section 134, to accomplish the objectives stated in section
134(a), each State shall develop a statewide transportation
plan and a statewide transportation improvement program for
all areas of the State.
‘‘(2) CONTENTS.—The statewide transportation plan and the
transportation improvement program developed for each State
shall provide for the development and integrated management
and operation of transportation systems and facilities (including
accessible pedestrian walkways and bicycle transportation
facilities) that will function as an intermodal transportation
system for the State and an integral part of an intermodal
transportation system for the United States.
‘‘(3) PROCESS OF DEVELOPMENT.—The process for developing
the statewide plan and the transportation improvement program shall provide for consideration of all modes of transportation and the policies stated in section 134(a) and shall be
continuing, cooperative, and comprehensive to the degree appropriate, based on the complexity of the transportation problems
to be addressed.
‘‘(b) COORDINATION WITH METROPOLITAN PLANNING; STATE
IMPLEMENTATION PLAN.—A State shall—
‘‘(1) coordinate planning carried out under this section with
the transportation planning activities carried out under section
134 for metropolitan areas of the State and with statewide
trade and economic development planning activities and related
multistate planning efforts; and
‘‘(2) develop the transportation portion of the State
implementation plan as required by the Clean Air Act (42
U.S.C. 7401 et seq.).
‘‘(c) INTERSTATE AGREEMENTS.—
‘‘(1) IN GENERAL.—Two or more States may enter into
agreements or compacts, not in conflict with any law of the
United States, for cooperative efforts and mutual assistance
in support of activities authorized under this section related
to interstate areas and localities in the States and establishing
authorities the States consider desirable for making the agreements and compacts effective.
‘‘(2) RESERVATION OF RIGHTS.—The right to alter, amend,
or repeal interstate compacts entered into under this subsection
is expressly reserved.
‘‘(d) SCOPE OF PLANNING PROCESS.—
‘‘(1) IN GENERAL.—Each State shall carry out a statewide
transportation planning process that provides for consideration
and implementation of projects, strategies, and services that
will—
‘‘(A) support the economic vitality of the United States,
the States, nonmetropolitan areas, and metropolitan areas,
especially by enabling global competitiveness, productivity,
and efficiency;
‘‘(B) increase the safety of the transportation system
for motorized and nonmotorized users;
‘‘(C) increase the security of the transportation system
for motorized and nonmotorized users;

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126 STAT. 516

PUBLIC LAW 112–141—JULY 6, 2012
‘‘(D) increase the accessibility and mobility of people
and freight;
‘‘(E) protect and enhance the environment, promote
energy conservation, improve the quality of life, and promote consistency between transportation improvements
and State and local planned growth and economic development patterns;
‘‘(F) enhance the integration and connectivity of the
transportation system, across and between modes throughout the State, for people and freight;
‘‘(G) promote efficient system management and operation; and
‘‘(H) emphasize the preservation of the existing
transportation system.
‘‘(2) PERFORMANCE-BASED APPROACH.—
‘‘(A) IN GENERAL.—The statewide transportation planning process shall provide for the establishment and use
of a performance-based approach to transportation decisionmaking to support the national goals described in section
150(b) of this title and in section 5301(c) of title 49.
‘‘(B) PERFORMANCE TARGETS.—
‘‘(i) SURFACE TRANSPORTATION PERFORMANCE TARGETS.—
‘‘(I) IN GENERAL.—Each State shall establish
performance targets that address the performance
measures described in section 150(c), where
applicable, to use in tracking progress towards
attainment of critical outcomes for the State.
‘‘(II) COORDINATION.—Selection of performance
targets by a State shall be coordinated with the
relevant metropolitan planning organizations to
ensure consistency, to the maximum extent practicable.
‘‘(ii) PUBLIC TRANSPORTATION PERFORMANCE TARGETS.—In urbanized areas not represented by a metropolitan planning organization, selection of performance
targets by a State shall be coordinated, to the maximum extent practicable, with providers of public
transportation to ensure consistency with sections
5326(c) and 5329(d) of title 49.
‘‘(C) INTEGRATION OF OTHER PERFORMANCE-BASED
PLANS.—A State shall integrate into the statewide transportation planning process, directly or by reference, the goals,
objectives, performance measures, and targets described
in this paragraph, in other State transportation plans and
transportation processes, as well as any plans developed
pursuant to chapter 53 of title 49 by providers of public
transportation in urbanized areas not represented by a
metropolitan planning organization required as part of a
performance-based program.
‘‘(D) USE OF PERFORMANCE MEASURES AND TARGETS.—
The performance measures and targets established under
this paragraph shall be considered by a State when developing policies, programs, and investment priorities reflected
in the statewide transportation plan and statewide
transportation improvement program.

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126 STAT. 517

‘‘(3) FAILURE TO CONSIDER FACTORS.—The failure to take
into consideration the factors specified in paragraphs (1) and
(2) shall not be subject to review by any court under this
title, chapter 53 of title 49, subchapter II of chapter 5 of
title 5, or chapter 7 of title 5 in any matter affecting a statewide
transportation plan, a statewide transportation improvement
program, a project or strategy, or the certification of a planning
process.
‘‘(e) ADDITIONAL REQUIREMENTS.—In carrying out planning
under this section, each State shall, at a minimum—
‘‘(1) with respect to nonmetropolitan areas, cooperate with
affected local officials with responsibility for transportation or,
if applicable, through regional transportation planning
organizations described in subsection (m);
‘‘(2) consider the concerns of Indian tribal governments
and Federal land management agencies that have jurisdiction
over land within the boundaries of the State; and
‘‘(3) consider coordination of transportation plans, the
transportation improvement program, and planning activities
with related planning activities being carried out outside of
metropolitan planning areas and between States.
‘‘(f) LONG-RANGE STATEWIDE TRANSPORTATION PLAN.—
‘‘(1) DEVELOPMENT.—Each State shall develop a long-range
statewide transportation plan, with a minimum 20-year forecast
period for all areas of the State, that provides for the development and implementation of the intermodal transportation
system of the State.
‘‘(2) CONSULTATION WITH GOVERNMENTS.—
‘‘(A) METROPOLITAN AREAS.—The statewide transportation plan shall be developed for each metropolitan area
in the State in cooperation with the metropolitan planning
organization designated for the metropolitan area under
section 134.
‘‘(B) NONMETROPOLITAN AREAS.—
‘‘(i) IN GENERAL.—With respect to nonmetropolitan
areas, the statewide transportation plan shall be developed in cooperation with affected nonmetropolitan officials with responsibility for transportation or, if
applicable, through regional transportation planning
organizations described in subsection (m).
‘‘(ii) ROLE OF SECRETARY.—The Secretary shall not
review or approve the consultation process in each
State.
‘‘(C) INDIAN TRIBAL AREAS.—With respect to each area
of the State under the jurisdiction of an Indian tribal
government, the statewide transportation plan shall be
developed in consultation with the tribal government and
the Secretary of the Interior.
‘‘(D) CONSULTATION, COMPARISON, AND CONSIDERATION.—
‘‘(i) IN GENERAL.—The long-range transportation
plan shall be developed, as appropriate, in consultation
with State, tribal, and local agencies responsible for
land use management, natural resources, environmental protection, conservation, and historic preservation.

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126 STAT. 518

PUBLIC LAW 112–141—JULY 6, 2012
‘‘(ii) COMPARISON AND CONSIDERATION.—Consultation under clause (i) shall involve comparison of
transportation plans to State and tribal conservation
plans or maps, if available, and comparison of transportation plans to inventories of natural or historic
resources, if available.
‘‘(3) PARTICIPATION BY INTERESTED PARTIES.—
‘‘(A) IN GENERAL.—In developing the statewide
transportation plan, the State shall provide to—
‘‘(i) nonmetropolitan local elected officials or, if
applicable, through regional transportation planning
organizations described in subsection (m), an opportunity to participate in accordance with subparagraph
(B)(i); and
‘‘(ii) citizens, affected public agencies, representatives of public transportation employees, freight shippers, private providers of transportation, representatives of users of public transportation, representatives
of users of pedestrian walkways and bicycle transportation facilities, representatives of the disabled, providers of freight transportation services, and other
interested parties a reasonable opportunity to comment
on the proposed plan.
‘‘(B) METHODS.—In carrying out subparagraph (A), the
State shall, to the maximum extent practicable—
‘‘(i) develop and document a consultative process
to carry out subparagraph (A)(i) that is separate and
discrete from the public involvement process developed
under clause (ii);
‘‘(ii) hold any public meetings at convenient and
accessible locations and times;
‘‘(iii) employ visualization techniques to describe
plans; and
‘‘(iv) make public information available in electronically accessible format and means, such as the
World Wide Web, as appropriate to afford reasonable
opportunity for consideration of public information
under subparagraph (A).
‘‘(4) MITIGATION ACTIVITIES.—
‘‘(A) IN GENERAL.—A long-range transportation plan
shall include a discussion of potential environmental mitigation activities and potential areas to carry out these
activities, including activities that may have the greatest
potential to restore and maintain the environmental functions affected by the plan.
‘‘(B) CONSULTATION.—The discussion shall be developed in consultation with Federal, State, and tribal wildlife,
land management, and regulatory agencies.
‘‘(5) FINANCIAL PLAN.—The statewide transportation plan
may include—
‘‘(A) a financial plan that—
‘‘(i) demonstrates how the adopted statewide
transportation plan can be implemented;
‘‘(ii) indicates resources from public and private
sources that are reasonably expected to be made available to carry out the plan; and

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PUBLIC LAW 112–141—JULY 6, 2012

126 STAT. 519

‘‘(iii) recommends any additional financing strategies for needed projects and programs; and
‘‘(B) for illustrative purposes, additional projects that
would be included in the adopted statewide transportation
plan if reasonable additional resources beyond those identified in the financial plan were available.
‘‘(6) SELECTION OF PROJECTS FROM ILLUSTRATIVE LIST.—
A State shall not be required to select any project from the
illustrative list of additional projects included in the financial
plan described in paragraph (5).
‘‘(7) PERFORMANCE-BASED APPROACH.—The statewide
transportation plan should include—
‘‘(A) a description of the performance measures and
performance targets used in assessing the performance of
the transportation system in accordance with subsection
(d)(2); and
‘‘(B) a system performance report and subsequent
updates evaluating the condition and performance of the
transportation system with respect to the performance targets described in subsection (d)(2), including progress
achieved by the metropolitan planning organization in
meeting the performance targets in comparison with system
performance recorded in previous reports;
‘‘(8) EXISTING SYSTEM.—The statewide transportation plan
should include capital, operations and management strategies,
investments, procedures, and other measures to ensure the
preservation and most efficient use of the existing transportation system.
‘‘(9) PUBLICATION OF LONG-RANGE TRANSPORTATION
PLANS.—Each long-range transportation plan prepared by a
State shall be published or otherwise made available, including
(to the maximum extent practicable) in electronically accessible
formats and means, such as the World Wide Web.
‘‘(g) STATEWIDE TRANSPORTATION IMPROVEMENT PROGRAM.—
‘‘(1) DEVELOPMENT.—
‘‘(A) IN GENERAL.—Each State shall develop a statewide
transportation improvement program for all areas of the
State.
‘‘(B) DURATION AND UPDATING OF PROGRAM.—Each program developed under subparagraph (A) shall cover a
period of 4 years and shall be updated every 4 years
or more frequently if the Governor of the State elects
to update more frequently.
‘‘(2) CONSULTATION WITH GOVERNMENTS.—
‘‘(A) METROPOLITAN AREAS.—With respect to each
metropolitan area in the State, the program shall be developed in cooperation with the metropolitan planning
organization designated for the metropolitan area under
section 134.
‘‘(B) NONMETROPOLITAN AREAS.—
‘‘(i) IN GENERAL.—With respect to each nonmetropolitan area in the State, the program shall be developed in consultation with affected nonmetropolitan
local officials with responsibility for transportation or,
if applicable, through regional transportation planning
organizations described in subsection (m).

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126 STAT. 520

PUBLIC LAW 112–141—JULY 6, 2012
‘‘(ii) ROLE OF SECRETARY.—The Secretary shall not
review or approve the specific consultation process in
the State.
‘‘(C) INDIAN TRIBAL AREAS.—With respect to each area
of the State under the jurisdiction of an Indian tribal
government, the program shall be developed in consultation
with the tribal government and the Secretary of the
Interior.
‘‘(3) PARTICIPATION BY INTERESTED PARTIES.—In developing
the program, the State shall provide citizens, affected public
agencies, representatives of public transportation employees,
freight shippers, private providers of transportation, providers
of freight transportation services, representatives of users of
public transportation, representatives of users of pedestrian
walkways and bicycle transportation facilities, representatives
of the disabled, and other interested parties with a reasonable
opportunity to comment on the proposed program.
‘‘(4) PERFORMANCE TARGET ACHIEVEMENT.—A statewide
transportation improvement program shall include, to the maximum extent practicable, a discussion of the anticipated effect
of the statewide transportation improvement program toward
achieving the performance targets established in the statewide
transportation plan, linking investment priorities to those
performance targets.
‘‘(5) INCLUDED PROJECTS.—
‘‘(A) IN GENERAL.—A transportation improvement program developed under this subsection for a State shall
include Federally supported surface transportation
expenditures within the boundaries of the State.
‘‘(B) LISTING OF PROJECTS.—
‘‘(i) IN GENERAL.—An annual listing of projects for
which funds have been obligated for the preceding
year in each metropolitan planning area shall be published or otherwise made available by the cooperative
effort of the State, transit operator, and the metropolitan planning organization for public review.
‘‘(ii) FUNDING CATEGORIES.—The listing described
in clause (i) shall be consistent with the funding categories identified in each metropolitan transportation
improvement program.
‘‘(C) PROJECTS UNDER CHAPTER 2.—
‘‘(i) REGIONALLY SIGNIFICANT PROJECTS.—Regionally significant projects proposed for funding under
chapter 2 shall be identified individually in the
transportation improvement program.
‘‘(ii) OTHER PROJECTS.—Projects proposed for
funding under chapter 2 that are not determined to
be regionally significant shall be grouped in 1 line
item or identified individually in the transportation
improvement program.
‘‘(D) CONSISTENCY WITH STATEWIDE TRANSPORTATION
PLAN.—Each project shall be—
‘‘(i) consistent with the statewide transportation
plan developed under this section for the State;
‘‘(ii) identical to the project or phase of the project
as described in an approved metropolitan transportation plan; and

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126 STAT. 521

‘‘(iii) in conformance with the applicable State air
quality implementation plan developed under the
Clean Air Act (42 U.S.C. 7401 et seq.), if the project
is carried out in an area designated as a nonattainment
area for ozone, particulate matter, or carbon monoxide
under part D of title I of that Act (42 U.S.C. 7501
et seq.).
‘‘(E) REQUIREMENT OF ANTICIPATED FULL FUNDING.—
The transportation improvement program shall include a
project, or an identified phase of a project, only if full
funding can reasonably be anticipated to be available for
the project within the time period contemplated for completion of the project.
‘‘(F) FINANCIAL PLAN.—
‘‘(i) IN GENERAL.—The transportation improvement
program may include a financial plan that demonstrates how the approved transportation improvement program can be implemented, indicates resources
from public and private sources that are reasonably
expected to be made available to carry out the transportation improvement program, and recommends any
additional financing strategies for needed projects and
programs.
‘‘(ii) ADDITIONAL PROJECTS.—The financial plan
may include, for illustrative purposes, additional
projects that would be included in the adopted
transportation plan if reasonable additional resources
beyond those identified in the financial plan were available.
‘‘(G) SELECTION OF PROJECTS FROM ILLUSTRATIVE
LIST.—
‘‘(i) NO REQUIRED SELECTION.—Notwithstanding
subparagraph (F), a State shall not be required to
select any project from the illustrative list of additional
projects included in the financial plan under subparagraph (F).
‘‘(ii) REQUIRED ACTION BY THE SECRETARY.—Action
by the Secretary shall be required for a State to select
any project from the illustrative list of additional
projects included in the financial plan under subparagraph (F) for inclusion in an approved transportation
improvement program.
‘‘(H) PRIORITIES.—The transportation improvement
program shall reflect the priorities for programming and
expenditures of funds, including transportation enhancement activities, required by this title and chapter 53 of
title 49.
‘‘(6) PROJECT SELECTION FOR AREAS OF LESS THAN 50,000
POPULATION.—
‘‘(A) IN GENERAL.—Projects carried out in areas with
populations of less than 50,000 individuals shall be
selected, from the approved transportation improvement
program (excluding projects carried out on the National
Highway System and projects carried out under the bridge
program or the Interstate maintenance program under this
title or under sections 5310 and 5311 of title 49), by the
State in cooperation with the affected nonmetropolitan local

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126 STAT. 522

officials with responsibility for transportation or, if
applicable, through regional transportation planning
organizations described in subsection (m).
‘‘(B) OTHER PROJECTS.—Projects carried out in areas
with populations of less than 50,000 individuals on the
National Highway System or under the bridge program
or the Interstate maintenance program under this title
or under sections 5310, 5311, 5316, and 5317 of title 49
shall be selected, from the approved statewide transportation improvement program, by the State in consultation
with the affected nonmetropolitan local officials with
responsibility for transportation.
‘‘(7) TRANSPORTATION IMPROVEMENT PROGRAM APPROVAL.—
Every 4 years, a transportation improvement program developed under this subsection shall be reviewed and approved
by the Secretary if based on a current planning finding.
‘‘(8) PLANNING FINDING.—A finding shall be made by the
Secretary at least every 4 years that the transportation planning process through which statewide transportation plans and
programs are developed is consistent with this section and
section 134.
‘‘(9) MODIFICATIONS TO PROJECT PRIORITY.—Notwithstanding any other provision of law, action by the Secretary
shall not be required to advance a project included in the
approved transportation improvement program in place of
another project in the program.
‘‘(h) PERFORMANCE-BASED PLANNING PROCESSES EVALUATION.—
‘‘(1) IN GENERAL.—The Secretary shall establish criteria
to evaluate the effectiveness of the performance-based planning
processes of States, taking into consideration the following:
‘‘(A) The extent to which the State is making progress
toward achieving, the performance targets described in subsection (d)(2), taking into account whether the State developed appropriate performance targets.
‘‘(B) The extent to which the State has made transportation investments that are efficient and cost-effective.
‘‘(C) The extent to which the State—
‘‘(i) has developed an investment process that relies
on public input and awareness to ensure that investments are transparent and accountable; and
‘‘(ii) provides reports allowing the public to access
the information being collected in a format that allows
the public to meaningfully assess the performance of
the State.
‘‘(2) REPORT.—
‘‘(A) IN GENERAL.—Not later than 5 years after the
date of enactment of the MAP–21, the Secretary shall
submit to Congress a report evaluating—
‘‘(i) the overall effectiveness of performance-based
planning as a tool for guiding transportation investments; and
‘‘(ii) the effectiveness of the performance-based
planning process of each State.
‘‘(B) PUBLICATION.—The report under subparagraph (A)
shall be published or otherwise made available in electronically accessible formats and means, including on the Internet.

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‘‘(i) FUNDING.—Funds apportioned under section 104(b)(5) of
this title and set aside under section 5305(g) of title 49 shall
be available to carry out this section.
‘‘(j) TREATMENT OF CERTAIN STATE LAWS AS CONGESTION
MANAGEMENT PROCESSES.—For purposes of this section and section
134, and sections 5303 and 5304 of title 49, State laws, rules,
or regulations pertaining to congestion management systems or
programs may constitute the congestion management process under
this section and section 134, and sections 5303 and 5304 of title
49, if the Secretary finds that the State laws, rules, or regulations
are consistent with, and fulfill the intent of, the purposes of this
section and section 134 and sections 5303 and 5304 of title 49,
as appropriate.
‘‘(k) CONTINUATION OF CURRENT REVIEW PRACTICE.—Since the
statewide transportation plan and the transportation improvement
program described in this section are subject to a reasonable opportunity for public comment, since individual projects included in
the statewide transportation plans and the transportation improvement program are subject to review under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), and since
decisions by the Secretary concerning statewide transportation
plans or the transportation improvement program described in this
section have not been reviewed under that Act as of January 1,
1997, any decision by the Secretary concerning a metropolitan or
statewide transportation plan or the transportation improvement
program described in this section shall not be considered to be
a Federal action subject to review under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
‘‘(l) SCHEDULE FOR IMPLEMENTATION.—The Secretary shall issue
guidance on a schedule for implementation of the changes made
by this section, taking into consideration the established planning
update cycle for States. The Secretary shall not require a State
to deviate from its established planning update cycle to implement
changes made by this section. States shall reflect changes made
to their transportation plan or transportation improvement program
updates not later than 2 years after the date of issuance of guidance
by the Secretary under this subsection.
‘‘(m) DESIGNATION OF REGIONAL TRANSPORTATION PLANNING
ORGANIZATIONS.—
‘‘(1) IN GENERAL.—To carry out the transportation planning
process required by this section, a State may establish and
designate regional transportation planning organizations to
enhance the planning, coordination, and implementation of
statewide strategic long-range transportation plans and
transportation improvement programs, with an emphasis on
addressing the needs of nonmetropolitan areas of the State.
‘‘(2) STRUCTURE.—A regional transportation planning
organization shall be established as a multijurisdictional
organization of nonmetropolitan local officials or their designees
who volunteer for such organization and representatives of
local transportation systems who volunteer for such organization.
‘‘(3) REQUIREMENTS.—A regional transportation planning
organization shall establish, at a minimum—
‘‘(A) a policy committee, the majority of which shall
consist of nonmetropolitan local officials, or their designees,
and, as appropriate, additional representatives from the

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State, private business, transportation service providers,
economic development practitioners, and the public in the
region; and
‘‘(B) a fiscal and administrative agent, such as an
existing regional planning and development organization,
to provide professional planning, management, and
administrative support.
‘‘(4) DUTIES.—The duties of a regional transportation planning organization shall include—
‘‘(A) developing and maintaining, in cooperation with
the State, regional long-range multimodal transportation
plans;
‘‘(B) developing a regional transportation improvement
program for consideration by the State;
‘‘(C) fostering the coordination of local planning, land
use, and economic development plans with State, regional,
and local transportation plans and programs;
‘‘(D) providing technical assistance to local officials;
‘‘(E) participating in national, multistate, and State
policy and planning development processes to ensure the
regional and local input of nonmetropolitan areas;
‘‘(F) providing a forum for public participation in the
statewide and regional transportation planning processes;
‘‘(G) considering and sharing plans and programs with
neighboring regional transportation planning organizations, metropolitan planning organizations, and, where
appropriate, tribal organizations; and
‘‘(H) conducting other duties, as necessary, to support
and enhance the statewide planning process under subsection (d).
‘‘(5) STATES WITHOUT REGIONAL TRANSPORTATION PLANNING
ORGANIZATIONS.—If a State chooses not to establish or designate
a regional transportation planning organization, the State shall
consult with affected nonmetropolitan local officials to determine projects that may be of regional significance.’’.
(b) CONFORMING AMENDMENT.—The analysis for chapter 1 of
title 23, United States Code, is amended by striking the item
relating to section 135 and inserting the following:
‘‘135. Statewide and nonmetropolitan transportation planning.’’.
SEC. 1203. NATIONAL GOALS AND PERFORMANCE MANAGEMENT MEASURES.

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(a) IN GENERAL.—Section 150 of title 23, United States Code,
is amended to read as follows:
‘‘§ 150. National goals and performance management measures
‘‘(a) DECLARATION OF POLICY.—Performance management will
transform the Federal-aid highway program and provide a means
to the most efficient investment of Federal transportation funds
by refocusing on national transportation goals, increasing the
accountability and transparency of the Federal-aid highway program, and improving project decisionmaking through performancebased planning and programming.
‘‘(b) NATIONAL GOALS.—It is in the interest of the United States
to focus the Federal-aid highway program on the following national
goals:

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‘‘(1) SAFETY.—To achieve a significant reduction in traffic
fatalities and serious injuries on all public roads.
‘‘(2) INFRASTRUCTURE CONDITION.—To maintain the highway infrastructure asset system in a state of good repair.
‘‘(3) CONGESTION REDUCTION.—To achieve a significant
reduction in congestion on the National Highway System.
‘‘(4) SYSTEM RELIABILITY.—To improve the efficiency of the
surface transportation system.
‘‘(5) FREIGHT MOVEMENT AND ECONOMIC VITALITY.—To
improve the national freight network, strengthen the ability
of rural communities to access national and international trade
markets, and support regional economic development.
‘‘(6) ENVIRONMENTAL SUSTAINABILITY.—To enhance the
performance of the transportation system while protecting and
enhancing the natural environment.
‘‘(7) REDUCED PROJECT DELIVERY DELAYS.—To reduce
project costs, promote jobs and the economy, and expedite the
movement of people and goods by accelerating project completion through eliminating delays in the project development
and delivery process, including reducing regulatory burdens
and improving agencies’ work practices.
‘‘(c) ESTABLISHMENT OF PERFORMANCE MEASURES.—
‘‘(1) IN GENERAL.—Not later than 18 months after the date
of enactment of the MAP–21, the Secretary, in consultation
with State departments of transportation, metropolitan planning organizations, and other stakeholders, shall promulgate
a rulemaking that establishes performance measures and
standards.
‘‘(2) ADMINISTRATION.—In carrying out paragraph (1), the
Secretary shall—
‘‘(A) provide States, metropolitan planning organizations, and other stakeholders not less than 90 days to
comment on any regulation proposed by the Secretary
under that paragraph;
‘‘(B) take into consideration any comments relating
to a proposed regulation received during that comment
period; and
‘‘(C) limit performance measures only to those
described in this subsection.
‘‘(3) NATIONAL HIGHWAY PERFORMANCE PROGRAM.—
‘‘(A) IN GENERAL.—Subject to subparagraph (B), for
the purpose of carrying out section 119, the Secretary shall
establish—
‘‘(i) minimum standards for States to use in developing and operating bridge and pavement management
systems;
‘‘(ii) measures for States to use to assess—
‘‘(I) the condition of pavements on the Interstate system;
‘‘(II) the condition of pavements on the
National Highway System (excluding the Interstate);
‘‘(III) the condition of bridges on the National
Highway System;
‘‘(IV) the performance of the Interstate
System; and

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Regulations.

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Deadline.

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‘‘(V) the performance of the National Highway
System (excluding the Interstate System);
‘‘(iii) minimum levels for the condition of pavement
on the Interstate System, only for the purposes of
carrying out section 119(f)(1); and
‘‘(iv) the data elements that are necessary to collect
and maintain standardized data to carry out a performance-based approach.
‘‘(B) REGIONS.—In establishing minimum condition
levels under subparagraph (A)(iii), if the Secretary determines that various geographic regions of the United States
experience disparate factors contributing to the condition
of pavement on the Interstate System in those regions,
the Secretary may establish different minimum levels for
each region;
‘‘(4) HIGHWAY SAFETY IMPROVEMENT PROGRAM.—For the
purpose of carrying out section 148, the Secretary shall establish measures for States to use to assess—
‘‘(A) serious injuries and fatalities per vehicle mile
traveled; and
‘‘(B) the number of serious injuries and fatalities.
‘‘(5) CONGESTION MITIGATION AND AIR QUALITY PROGRAM.—
For the purpose of carrying out section 149, the Secretary
shall establish measures for States to use to assess—
‘‘(A) traffic congestion; and
‘‘(B) on-road mobile source emissions.
‘‘(6) NATIONAL FREIGHT MOVEMENT.—The Secretary shall
establish measures for States to use to assess freight movement
on the Interstate System.
‘‘(d) ESTABLISHMENT OF PERFORMANCE TARGETS.—
‘‘(1) IN GENERAL.—Not later than 1 year after the Secretary
has promulgated the final rulemaking under subsection (c),
each State shall set performance targets that reflect the measures identified in paragraphs (3), (4), (5), and (6) of subsection
(c).
‘‘(2) DIFFERENT APPROACHES FOR URBAN AND RURAL
AREAS.—In the development and implementation of any
performance target, a State may, as appropriate, provide for
different performance targets for urbanized and rural areas.
‘‘(e) REPORTING ON PERFORMANCE TARGETS.—Not later than
4 years after the date of enactment of the MAP–21 and biennially
thereafter, a State shall submit to the Secretary a report that
describes—
‘‘(1) the condition and performance of the National Highway
System in the State;
‘‘(2) the effectiveness of the investment strategy document
in the State asset management plan for the National Highway
System;
‘‘(3) progress in achieving performance targets identified
under subsection (d); and
‘‘(4) the ways in which the State is addressing congestion
at freight bottlenecks, including those identified in the National
Freight Strategic Plan, within the State.’’.
(b) CONFORMING AMENDMENT.—The analysis for chapter 1 of
title 23, United States Code, is amended by striking the item
relating to section 150 and inserting the following:
‘‘150. National goals and performance management measures.’’.

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126 STAT. 527

Subtitle C—Acceleration of Project
Delivery

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SEC. 1301. DECLARATION OF POLICY AND PROJECT DELIVERY INITIATIVE.

23 USC 101 note.

(a) IN GENERAL.—It is the policy of the United States that—
(1) it is in the national interest for the Department, State
departments of transportation, transit agencies, and all other
recipients of Federal transportation funds—
(A) to accelerate project delivery and reduce costs; and
(B) to ensure that the planning, design, engineering,
construction, and financing of transportation projects is
done in an efficient and effective manner, promoting
accountability for public investments and encouraging
greater private sector involvement in project financing and
delivery while enhancing safety and protecting the environment;
(2) delay in the delivery of transportation projects increases
project costs, harms the economy of the United States, and
impedes the travel of the people of the United States and
the shipment of goods for the conduct of commerce; and
(3) the Secretary shall identify and promote the deployment
of innovation aimed at reducing the time and money required
to deliver transportation projects while enhancing safety and
protecting the environment.
(b) PROJECT DELIVERY INITIATIVE.—
(1) IN GENERAL.—To advance the policy described in subsection (a), the Secretary shall carry out a project delivery
initiative under this section.
(2) PURPOSES.—The purposes of the project delivery initiative shall be—
(A) to develop and advance the use of best practices
to accelerate project delivery and reduce costs across all
modes of transportation and expedite the deployment of
technology and innovation;
(B) to implement provisions of law designed to accelerate project delivery; and
(C) to select eligible projects for applying experimental
features to test innovative project delivery techniques.
(3) ADVANCING THE USE OF BEST PRACTICES.—
(A) IN GENERAL.—In carrying out the initiative under
this section, the Secretary shall identify and advance best
practices to reduce delivery time and project costs, from
planning through construction, for transportation projects
and programs of projects regardless of mode and project
size.
(B) ADMINISTRATION.—To advance the use of best practices, the Secretary shall—
(i) engage interested parties, affected communities,
resource agencies, and other stakeholders to gather
information regarding opportunities for accelerating
project delivery and reducing costs;
(ii) establish a clearinghouse for the collection,
documentation, and advancement of existing and new
innovative approaches and best practices;

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PUBLIC LAW 112–141—JULY 6, 2012

(iii) disseminate information through a variety of
means to transportation stakeholders on new innovative approaches and best practices; and
(iv) provide technical assistance to assist transportation stakeholders in the use of flexibility authority
to resolve project delays and accelerate project delivery
if feasible.
(4) IMPLEMENTATION OF ACCELERATED PROJECT DELIVERY.—
The Secretary shall ensure that the provisions of this subtitle
designed to accelerate project delivery are fully implemented,
including—
(A) expanding eligibility of early acquisition of property
prior to completion of environmental review under the
National Environmental Policy Act of 1969 (42 U.S.C. 4321
et seq.);
(B) allowing the use of the construction manager or
general contractor method of contracting in the Federalaid highway system; and
(C) establishing a demonstration program to streamline
the relocation process by permitting a lump-sum payment
for acquisition and relocation if elected by the displaced
occupant.
(c) EXPEDITED PROJECT DELIVERY.—Section 101(b) of title 23,
United States Code, is amended by adding at the end the following:
‘‘(4) EXPEDITED PROJECT DELIVERY.—
‘‘(A) IN GENERAL.—Congress declares that it is in the
national interest to expedite the delivery of surface
transportation projects by substantially reducing the average length of the environmental review process.
‘‘(B) POLICY OF THE UNITED STATES.—Accordingly, it
is the policy of the United States that—
‘‘(i) the Secretary shall have the lead role among
Federal agencies in carrying out the environmental
review process for surface transportation projects;
‘‘(ii) each Federal agency shall cooperate with the
Secretary to expedite the environmental review process
for surface transportation projects;
‘‘(iii) project sponsors shall not be prohibited from
carrying out preconstruction project development
activities concurrently with the environmental review
process;
‘‘(iv) programmatic approaches shall be used to
reduce the need for project-by-project reviews and
decisions by Federal agencies; and
‘‘(v) the Secretary shall identify opportunities for
project sponsors to assume responsibilities of the Secretary where such responsibilities can be assumed in
a manner that protects public health, the environment,
and public participation.’’.

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SEC. 1302. ADVANCE ACQUISITION OF REAL PROPERTY INTERESTS.

(a) REAL PROPERTY INTERESTS.—Section 108 of title 23, United
States Code, is amended—
(1) by striking ‘‘real property’’ each place it appears and
inserting ‘‘real property interests’’;
(2) by striking ‘‘right-of-way’’ each place it appears and
inserting ‘‘real property interest’’; and

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(3) by striking ‘‘rights-of-way’’ each place it appears and
inserting ‘‘real property interests’’.
(b) STATE-FUNDED EARLY ACQUISITION OF REAL PROPERTY
INTERESTS.—Section 108(c) of title 23, United States Code, is
amended—
(1) in the subsection heading, by striking ‘‘EARLY ACQUISITION OF RIGHTS-OF-WAY’’ and inserting ‘‘STATE-FUNDED EARLY
ACQUISITION OF REAL PROPERTY INTERESTS’’;
(2) by redesignating paragraphs (1) and (2) as paragraphs
(2) and (3), respectively;
(3) in paragraph (2) (as so redesignated)—
(A) in the heading, by striking ‘‘GENERAL RULE’’ and
inserting ‘‘ELIGIBILITY FOR REIMBURSEMENT’’; and
(B) by striking ‘‘Subject to paragraph (2)’’ and inserting
‘‘Subject to paragraph (3)’’;
(4) by inserting before paragraph (2) (as so redesignated)
the following:
‘‘(1) IN GENERAL.—A State may carry out, at the expense
of the State, acquisitions of interests in real property for a
project before completion of the review process required for
the project under the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.) without affecting subsequent
approvals required for the project by the State or any Federal
agency.’’; and
(5) in paragraph (3) (as so redesignated)—
(A) in the matter preceding subparagraph (A), by
striking ‘‘in paragraph (1)’’ and inserting ‘‘in paragraph
(2)’’; and
(B) in subparagraph (G), by striking ‘‘both the Secretary and the Administrator of the Environmental Protection Agency have concurred’’ and inserting ‘‘the Secretary
has determined’’.
(c) FEDERALLY FUNDED ACQUISITION OF REAL PROPERTY
INTERESTS.—Section 108 of title 23, United States Code, is amended
by adding at the end the following:
‘‘(d) FEDERALLY FUNDED EARLY ACQUISITION OF REAL PROPERTY
INTERESTS.—
‘‘(1) DEFINITION OF ACQUISITION OF A REAL PROPERTY
INTEREST.—In this subsection, the term ‘acquisition of a real
property interest’ includes the acquisition of—
‘‘(A) any interest in land;
‘‘(B) a contractual right to acquire any interest in land;
or
‘‘(C) any other similar action to acquire or preserve
rights-of-way for a transportation facility.
‘‘(2) AUTHORIZATION.—The Secretary may authorize the use
of funds apportioned to a State under this title for the acquisition of a real property interest by a State.
‘‘(3) STATE CERTIFICATION.—A State requesting Federal
funding for an acquisition of a real property interest shall
certify in writing, with concurrence by the Secretary, that—
‘‘(A) the State has authority to acquire the real property
interest under State law; and
‘‘(B) the acquisition of the real property interest—
‘‘(i) is for a transportation purpose;
‘‘(ii) will not cause any significant adverse environmental impact;

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126 STAT. 530

PUBLIC LAW 112–141—JULY 6, 2012
‘‘(iii) will not limit the choice of reasonable alternatives for the project or otherwise influence the decision of the Secretary on any approval required for
the project;
‘‘(iv) does not prevent the lead agency from making
an impartial decision as to whether to accept an alternative that is being considered in the environmental
review process;
‘‘(v) is consistent with the State transportation
planning process under section 135;
‘‘(vi) complies with other applicable Federal laws
(including regulations);
‘‘(vii) will be acquired through negotiation, without
the threat of condemnation; and
‘‘(viii) will not result in a reduction or elimination
of benefits or assistance to a displaced person required
by the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. 4601
et seq.) and title VI of the Civil Rights Act of 1964
(42 U.S.C. 2000d et seq.).
‘‘(4) ENVIRONMENTAL COMPLIANCE.—
‘‘(A) IN GENERAL.—Before authorizing Federal funding
for an acquisition of a real property interest, the Secretary
shall complete the review process under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.)
with respect to the acquisition of the real property interest.
‘‘(B) INDEPENDENT UTILITY.—The acquisition of a real
property interest—
‘‘(i) shall be treated as having independent utility
for purposes of the review process under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.); and
‘‘(ii) shall not limit consideration of alternatives
for future transportation improvements with respect
to the real property interest.
‘‘(5) PROGRAMMING.—
‘‘(A) IN GENERAL.—The acquisition of a real property
interest for which Federal funding is requested shall be
included as a project in an applicable transportation
improvement program under sections 134 and 135 and
sections 5303 and 5304 of title 49.
‘‘(B) ACQUISITION PROJECT.—The acquisition project
may consist of the acquisition of a specific parcel, a portion
of a transportation corridor, or an entire transportation
corridor.
‘‘(6) DEVELOPMENT.—Real property interests acquired
under this subsection may not be developed in anticipation
of a project until all required environmental reviews for the
project have been completed.
‘‘(7) REIMBURSEMENT.—If Federal-aid reimbursement is
made for real property interests acquired early under this section and the real property interests are not subsequently incorporated into a project eligible for surface transportation funds
within the time allowed by subsection (a)(2), the Secretary
shall offset the amount reimbursed against funds apportioned
to the State.
‘‘(8) OTHER REQUIREMENTS AND CONDITIONS.—

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‘‘(A) APPLICABLE LAW.—The acquisition of a real property interest shall be carried out in compliance with all
requirements applicable to the acquisition of real property
interests for federally funded transportation projects.
‘‘(B) ADDITIONAL CONDITIONS.—The Secretary may
establish such other conditions or restrictions on acquisitions under this subsection as the Secretary determines
to be appropriate.’’.

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SEC. 1303. LETTING OF CONTRACTS.

(a) EFFICIENCIES IN CONTRACTING.—Section 112(b) of title 23,
United States Code, is amended by adding at the end the following:
‘‘(4) METHOD OF CONTRACTING.—
‘‘(A) IN GENERAL.—
‘‘(i) 2-PHASE CONTRACT.—A contracting agency may
award a 2-phase contract to a construction manager
or general contractor for preconstruction and construction services.
‘‘(ii) PRECONSTRUCTION SERVICES PHASE.—In the
preconstruction services phase of a contract under this
paragraph, the contractor shall provide the contracting
agency with advice for scheduling, work sequencing,
cost engineering, constructability, cost estimating, and
risk identification.
‘‘(iii) AGREEMENT.—Prior to the start of the
construction services phase, the contracting agency and
the contractor may agree to a price and other factors
specified in regulation for the construction of the
project or a portion of the project.
‘‘(iv) CONSTRUCTION PHASE.—If an agreement is
reached under clause (iii), the contractor shall be
responsible for the construction of the project or portion
of the project at the negotiated price and in compliance
with the other factors specified in the agreement.
‘‘(B) SELECTION.—A contract shall be awarded to a
contractor under this paragraph using a competitive selection process based on qualifications, experience, best value,
or any other combination of factors considered appropriate
by the contracting agency.
‘‘(C) TIMING.—
‘‘(i) RELATIONSHIP TO NEPA PROCESS.—Prior to the
completion of the environmental review process
required under section 102 of the National Environmental Policy Act of 1969 (42 U.S.C. 4332), a contracting agency may—
‘‘(I) issue requests for proposals;
‘‘(II) proceed with the award of a contract for
preconstruction services under subparagraph
(A)(ii); and
‘‘(III) issue notices to proceed with a preliminary design and any work related to preliminary
design, to the extent that those actions do not
limit any reasonable range of alternatives.
‘‘(ii) CONSTRUCTION SERVICES PHASE.—A contracting agency shall not proceed with the award of
the construction services phase of a contract under
subparagraph (A)(iv) and shall not proceed, or permit

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23 USC 112 note.

23 USC 112 note.

PUBLIC LAW 112–141—JULY 6, 2012

any consultant or contractor to proceed, with final
design or construction until completion of the environmental review process required under section 102 of
the National Environmental Policy Act of 1969 (42
U.S.C. 4332).
‘‘(iii) APPROVAL REQUIREMENT.—Prior to authorizing construction activities, the Secretary shall
approve—
‘‘(I) the price estimate of the contracting
agency for the entire project; and
‘‘(II) any price agreement with the general
contractor for the project or a portion of the project.
‘‘(iv) DESIGN ACTIVITIES.—
‘‘(I) IN GENERAL.—A contracting agency may
proceed, at the expense of the contracting agency,
with design activities at any level of detail for
a project before completion of the review process
required for the project under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321
et seq.) without affecting subsequent approvals
required for the project.
‘‘(II) REIMBURSEMENT.—Design activities carried out under subclause (I) shall be eligible for
Federal reimbursement as a project expense in
accordance with the requirements under section
109(r).
‘‘(v) TERMINATION PROVISION.—The Secretary shall
require a contract to include an appropriate termination provision in the event that a no-build alternative is selected.’’.
(b) REGULATIONS.—The Secretary shall promulgate such regulations as are necessary to carry out the amendment made by subsection (a).
(c) EFFECT ON EXPERIMENTAL PROGRAM.—Nothing in this section or the amendment made by this section affects the authority
to carry out, or any project carried out under, any experimental
program concerning construction manager risk that is being carried
out by the Secretary as of the date of enactment of this Act.
SEC. 1304. INNOVATIVE PROJECT DELIVERY METHODS.

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23 USC 101 note.

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(a) DECLARATION OF POLICY.—
(1) IN GENERAL.—Congress declares that it is in the
national interest to promote the use of innovative technologies
and practices that increase the efficiency of construction of,
improve the safety of, and extend the service life of highways
and bridges.
(2) INCLUSIONS.—The innovative technologies and practices
described in paragraph (1) include state-of-the-art intelligent
transportation system technologies, elevated performance
standards, and new highway construction business practices
that improve highway safety and quality, accelerate project
delivery, and reduce congestion related to highway construction.
(b) FEDERAL SHARE.—Section 120(c) of title 23, United States
Code, is amended by adding at the end the following:
‘‘(3) INNOVATIVE PROJECT DELIVERY.—
‘‘(A) IN GENERAL.—Except as provided in subparagraph
(C), the Federal share payable on account of a project,

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program, or activity carried out with funds apportioned
under paragraph (1), (2), or (5) of section 104(b) may,
at the discretion of the State, be up to 100 percent for
any such project, program, or activity that the Secretary
determines—
‘‘(i) contains innovative project delivery methods
that improve work zone safety for motorists or workers
and the quality of the facility;
‘‘(ii) contains innovative technologies, manufacturing processes, financing, or contracting methods
that improve the quality of, extend the service life
of, or decrease the long-term costs of maintaining highways and bridges;
‘‘(iii) accelerates project delivery while complying
with other applicable Federal laws (including regulations) and not causing any significant adverse environmental impact; or
‘‘(iv) reduces congestion related to highway
construction.
‘‘(B) EXAMPLES.—Projects, programs, and activities
described in subparagraph (A) may include the use of—
‘‘(i) prefabricated bridge elements and systems and
other technologies to reduce bridge construction time;
‘‘(ii) innovative construction equipment, materials,
or techniques, including the use of in-place recycling
technology and digital 3-dimensional modeling technologies;
‘‘(iii) innovative contracting methods, including the
design-build and the construction manager-general
contractor contracting methods;
‘‘(iv) intelligent compaction equipment; or
‘‘(v) contractual provisions that offer a contractor
an incentive payment for early completion of the
project, program, or activity, subject to the condition
that the incentives are accounted for in the financial
plan of the project, when applicable.
‘‘(C) LIMITATIONS.—
‘‘(i) IN GENERAL.—In each fiscal year, a State may
use the authority under subparagraph (A) for up to
10 percent of the combined apportionments of the State
under paragraphs (1), (2), and (5) of section 104(b).
‘‘(ii) FEDERAL SHARE INCREASE.—The Federal share
payable on account of a project, program, or activity
described in subparagraph (A) may be increased by
up to 5 percent of the total project cost.’’.

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SEC. 1305. EFFICIENT ENVIRONMENTAL REVIEWS FOR PROJECT
DECISIONMAKING.

(a) FLEXIBILITY.—Section 139(b) of title 23, United States Code,
is amended—
(1) in paragraph (2) by inserting ‘‘, and any requirements
established under this section may be satisfied,’’ after ‘‘exercised’’; and
(2) by adding at the end the following:
‘‘(3) PROGRAMMATIC COMPLIANCE.—

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126 STAT. 534
Regulations.

Consultation.

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Time period.
Public notice and
comments.

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‘‘(A) IN GENERAL.—The Secretary shall initiate a rulemaking to allow for the use of programmatic approaches
to conduct environmental reviews that—
‘‘(i) eliminate repetitive discussions of the same
issues;
‘‘(ii) focus on the actual issues ripe for analyses
at each level of review; and
‘‘(iii) are consistent with—
‘‘(I) the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.); and
‘‘(II) other applicable laws.
‘‘(B) REQUIREMENTS.—In carrying out subparagraph
(A), the Secretary shall—
‘‘(i) before initiating the rulemaking under that
subparagraph, consult with relevant Federal agencies
and State resource agencies, State departments of
transportation, Indian tribes, and the public on the
appropriate use and scope of the programmatic
approaches;
‘‘(ii) emphasize the importance of collaboration
among relevant Federal agencies, State agencies, and
Indian tribes in undertaking programmatic reviews,
especially with respect to including reviews with a
broad geographic scope;
‘‘(iii) ensure that the programmatic reviews—
‘‘(I) promote transparency, including of the
analyses and data used in the environmental
reviews, the treatment of any deferred issues
raised by agencies or the public, and the temporal
and special scales to be used to analyze such
issues;
‘‘(II) use accurate and timely information in
reviews, including—
‘‘(aa) criteria for determining the general
duration of the usefulness of the review; and
‘‘(bb) the timeline for updating any outof-date review;
‘‘(III) describe—
‘‘(aa) the relationship between programmatic analysis and future tiered analysis;
and
‘‘(bb) the role of the public in the creation
of future tiered analysis; and
‘‘(IV) are available to other relevant Federal
and State agencies, Indian tribes, and the public;
‘‘(iv) allow not fewer than 60 days of public notice
and comment on any proposed rule; and
‘‘(v) address any comments received under clause
(iv).’’.
(b) FEDERAL LEAD AGENCY.—Section 139(c) of title 23, United
States Code, is amended—
(1) in paragraph (1)—
(A) by striking ‘‘The Department of Transportation’’
and inserting the following:
‘‘(A) IN GENERAL.—The Department of Transportation’’;
and
(B) by adding at the end the following:

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126 STAT. 535

‘‘(B) MODAL ADMINISTRATION.—If the project requires
approval from more than 1 modal administration within
the Department, the Secretary may designate a single
modal administration to serve as the Federal lead agency
for the Department in the environmental review process
for the project.’’.
(c) PARTICIPATING AGENCIES.—Section 139(d) of title 23, United
States Code, is amended—
(1) by striking paragraph (4) and inserting the following:
‘‘(4) EFFECT OF DESIGNATION.—
‘‘(A) REQUIREMENT.—A participating agency shall
comply with the requirements of this section.
‘‘(B) IMPLICATION.—Designation as a participating
agency under this subsection shall not imply that the
participating agency—
‘‘(i) supports a proposed project; or
‘‘(ii) has any jurisdiction over, or special expertise
with respect to evaluation of, the project.’’; and
(2) by striking paragraph (7) and inserting the following:
‘‘(7) CONCURRENT REVIEWS.—Each participating agency and
cooperating agency shall—
‘‘(A) carry out the obligations of that agency under
other applicable law concurrently, and in conjunction, with
the review required under the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.), unless doing
so would impair the ability of the Federal agency to conduct
needed analysis or otherwise carry out those obligations;
and
‘‘(B) formulate and implement administrative, policy,
and procedural mechanisms to enable the agency to ensure
completion of the environmental review process in a timely,
coordinated, and environmentally responsible manner.’’.
(d) PROJECT INITIATION.—Section 139(e) of title 23, United
States Code, is amended—
(1) by striking ‘‘The project sponsor’’ and inserting the
following:
‘‘(1) IN GENERAL.—The project sponsor’’; and
(2) by adding at the end the following:
‘‘(2) SUBMISSION OF DOCUMENTS.—The project sponsor may
satisfy the requirement under paragraph (1) by submitting
to the Secretary any relevant documents containing the
information described in that paragraph, including a draft
notice for publication in the Federal Register announcing the
preparation of an environmental review for the project.’’.
(e) COORDINATION AND SCHEDULING.—Section 139(g)(1)(B)(i) of
title 23, United States Code, is amended by inserting ‘‘and the
concurrence of’’ after ‘‘consultation with’’.

Federal Register,
publication.

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SEC. 1306. ACCELERATED DECISIONMAKING.

Section 139(h) of title 23, United States Code, is amended
by striking paragraph (4) and inserting the following:
‘‘(4) INTERIM DECISION ON ACHIEVING ACCELERATED
DECISIONMAKING.—
‘‘(A) IN GENERAL.—Not later than 30 days after the
close of the public comment period on a draft environmental
impact statement, the Secretary may convene a meeting
with the project sponsor, lead agency, resource agencies,

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126 STAT. 536

and any relevant State agencies to ensure that all parties
are on schedule to meet deadlines for decisions to be made
regarding the project.
‘‘(B) DEADLINES.—The deadlines referred to in subparagraph (A) shall be those established under subsection (g),
or any other deadlines established by the lead agency,
in consultation with the project sponsor and other relevant
agencies.
‘‘(C) FAILURE TO ASSURE.—If the relevant agencies
cannot provide reasonable assurances that the deadlines
described in subparagraph (B) will be met, the Secretary
may initiate the issue resolution and referral process
described under paragraph (5) and before the completion
of the record of decision.
‘‘(5) ACCELERATED ISSUE RESOLUTION AND REFERRAL.—
‘‘(A) AGENCY ISSUE RESOLUTION MEETING.—
‘‘(i) IN GENERAL.—A Federal agency of jurisdiction,
project sponsor, or the Governor of a State in which
a project is located may request an issue resolution
meeting to be conducted by the lead agency.
‘‘(ii) ACTION BY LEAD AGENCY.—The lead agency
shall convene an issue resolution meeting under clause
(i) with the relevant participating agencies and the
project sponsor, including the Governor only if the
meeting was requested by the Governor, to resolve
issues that could—
‘‘(I) delay completion of the environmental
review process; or
‘‘(II) result in denial of any approvals required
for the project under applicable laws.
‘‘(iii) DATE.—A meeting requested under this
subparagraph shall be held by not later than 21 days
after the date of receipt of the request for the meeting,
unless the lead agency determines that there is good
cause to extend the time for the meeting.
‘‘(iv) NOTIFICATION.—On receipt of a request for
a meeting under this subparagraph, the lead agency
shall notify all relevant participating agencies of the
request, including the issue to be resolved, and the
date for the meeting.
‘‘(v) DISPUTES.—If a relevant participating agency
with jurisdiction over an approval required for a project
under applicable law determines that the relevant
information necessary to resolve the issue has not been
obtained and could not have been obtained within a
reasonable time, but the lead agency disagrees, the
resolution of the dispute shall be forwarded to the
heads of the relevant agencies for resolution.
‘‘(vi) CONVENTION BY LEAD AGENCY.—A lead agency
may convene an issue resolution meeting under this
subsection at any time without the request of the Federal agency of jurisdiction, project sponsor, or the Governor of a State.
‘‘(B) ELEVATION OF ISSUE RESOLUTION.—
‘‘(i) IN GENERAL.—If issue resolution is not
achieved by not later than 30 days after the date
of a relevant meeting under subparagraph (A), the

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PUBLIC LAW 112–141—JULY 6, 2012

126 STAT. 537

Secretary shall notify the lead agency, the heads of
the relevant participating agencies, and the project
sponsor (including the Governor only if the initial issue
resolution meeting request came from the Governor)
that an issue resolution meeting will be convened.
‘‘(ii) REQUIREMENTS.—The Secretary shall identify
the issues to be addressed at the meeting and convene
the meeting not later than 30 days after the date
of issuance of the notice.
‘‘(C) REFERRAL OF ISSUE RESOLUTION.—
‘‘(i) REFERRAL TO COUNCIL ON ENVIRONMENTAL
QUALITY.—
‘‘(I) IN GENERAL.—If resolution is not achieved
by not later than 30 days after the date of an
issue resolution meeting under subparagraph (B),
the Secretary shall refer the matter to the Council
on Environmental Quality.
‘‘(II) MEETING.—Not later than 30 days after
the date of receipt of a referral from the Secretary
under subclause (I), the Council on Environmental
Quality shall hold an issue resolution meeting with
the lead agency, the heads of relevant participating
agencies, and the project sponsor (including the
Governor only if an initial request for an issue
resolution meeting came from the Governor).
‘‘(ii) REFERRAL TO THE PRESIDENT.—If a resolution
is not achieved by not later than 30 days after the
date of the meeting convened by the Council on
Environmental Quality under clause (i)(II), the Secretary shall refer the matter directly to the President.
‘‘(6) FINANCIAL PENALTY PROVISIONS.—
‘‘(A) IN GENERAL.—A Federal agency of jurisdiction over
an approval required for a project under applicable laws
shall complete any required approval on an expeditious
basis using the shortest existing applicable process.
‘‘(B) FAILURE TO DECIDE.—
‘‘(i) IN GENERAL.—If an agency described in
subparagraph (A) fails to render a decision under any
Federal law relating to a project that requires the
preparation of an environmental impact statement or
environmental assessment, including the issuance or
denial of a permit, license, or other approval by the
date described in clause (ii), an amount of funding
equal to the amounts specified in subclause (I) or (II)
shall be rescinded from the applicable office of the
head of the agency, or equivalent office to which the
authority for rendering the decision has been delegated
by law by not later than 1 day after the applicable
date under clause (ii), and once each week thereafter
until a final decision is rendered, subject to subparagraph (C)—
‘‘(I) $20,000 for any project for which an
annual financial plan under section 106(i) is
required; or
‘‘(II) $10,000 for any other project requiring
preparation of an environmental assessment or
environmental impact statement.

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126 STAT. 538

‘‘(ii) DESCRIPTION OF DATE.—The date referred to
in clause (i) is the later of—
‘‘(I) the date that is 180 days after the date
on which an application for the permit, license,
or approval is complete; and
‘‘(II) the date that is 180 days after the date
on which the Federal lead agency issues a decision
on the project under the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.).
‘‘(C) LIMITATIONS.—
‘‘(i) IN GENERAL.—No rescission of funds under
subparagraph (B) relating to an individual project shall
exceed, in any fiscal year, an amount equal to 2.5
percent of the funds made available for the applicable
agency office.
‘‘(ii) FAILURE TO DECIDE.—The total amount
rescinded in a fiscal year as a result of a failure by
an agency to make a decision by an applicable deadline
shall not exceed an amount equal to 7 percent of the
funds made available for the applicable agency office
for that fiscal year.
‘‘(D) NO FAULT OF AGENCY.—A rescission of funds under
this paragraph shall not be made if the lead agency for
the project certifies that—
‘‘(i) the agency has not received necessary information or approvals from another entity, such as the
project sponsor, in a manner that affects the ability
of the agency to meet any requirements under State,
local, or Federal law; or
‘‘(ii) significant new information or circumstances,
including a major modification to an aspect of the
project, requires additional analysis for the agency to
make a decision on the project application.
‘‘(E) LIMITATION.—The Federal agency with jurisdiction
for the decision from which funds are rescinded pursuant
to this paragraph shall not reprogram funds to the office
of the head of the agency, or equivalent office, to reimburse
that office for the loss of the funds.
‘‘(F) AUDITS.—In any fiscal year in which any funds
are rescinded from a Federal agency pursuant to this paragraph, the Inspector General of that agency shall—
‘‘(i) conduct an audit to assess compliance with
the requirements of this paragraph; and
‘‘(ii) not later than 120 days after the end of the
fiscal year during which the rescission occurred, submit
to the Committee on Environment and Public Works
of the Senate and the Committee on Transportation
and Infrastructure of the House of Representatives
a report describing the reasons why the transfers were
levied, including allocations of resources.
‘‘(G) EFFECT OF PARAGRAPH.—Nothing in this paragraph affects or limits the application of, or obligation
to comply with, any Federal, State, local, or tribal law.
‘‘(7) EXPEDIENT DECISIONS AND REVIEWS.—To ensure that
Federal environmental decisions and reviews are expeditiously
made—

Time period.

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PUBLIC LAW 112–141—JULY 6, 2012

126 STAT. 539

‘‘(A) adequate resources made available under this title
shall be devoted to ensuring that applicable environmental
reviews under the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.) are completed on an expeditious basis and that the shortest existing applicable process
under that Act is implemented; and
‘‘(B) the President shall submit to the Committee on
Transportation and Infrastructure of the House of Representatives and the Committee on Environment and
Public Works of the Senate, not less frequently than once
every 120 days after the date of enactment of the MAP–
21, a report on the status and progress of the following
projects and activities funded under this title with respect
to compliance with applicable requirements under the
National Environmental Policy Act of 1969 (42 U.S.C. 4321
et seq.):
‘‘(i) Projects and activities required to prepare an
annual financial plan under section 106(i).
‘‘(ii) A sample of not less than 5 percent of the
projects requiring preparation of an environmental
impact statement or environmental assessment in each
State.’’.

President.
Deadline.
Reports.

SEC. 1307. ASSISTANCE TO AFFECTED FEDERAL AND STATE AGENCIES.

Section 139(j) of title 23, United States Code, is amended by
adding at the end the following:
‘‘(6) MEMORANDUM OF UNDERSTANDING.—Prior to providing
funds approved by the Secretary for dedicated staffing at an
affected Federal agency under paragraphs (1) and (2), the
affected Federal agency and the State agency shall enter into
a memorandum of understanding that establishes the projects
and priorities to be addressed by the use of the funds.’’.
SEC. 1308. LIMITATIONS ON CLAIMS.

Section 139(l) of title 23, United States Code, is amended—
(1) in paragraph (1) by striking ‘‘180 days’’ and inserting
‘‘150 days’’; and
(2) in paragraph (2) by striking ‘‘180 days’’ and inserting
‘‘150 days’’.

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SEC. 1309. ACCELERATING COMPLETION OF COMPLEX PROJECTS
WITHIN 4 YEARS.

Section 139 of title 23, United States Code, is amended by
adding at the end the following:
‘‘(m) ENHANCED TECHNICAL ASSISTANCE AND ACCELERATED
PROJECT COMPLETION.—
‘‘(1) DEFINITION OF COVERED PROJECT.—In this subsection,
the term ‘covered project’ means a project—
‘‘(A) that has an ongoing environmental impact statement under the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.); and
‘‘(B) for which at least 2 years, beginning on the date
on which a notice of intent is issued, have elapsed without
the issuance of a record of decision.
‘‘(2) TECHNICAL ASSISTANCE.—At the request of a project
sponsor or the Governor of a State in which a project is located,
the Secretary shall provide additional technical assistance to

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126 STAT. 540

PUBLIC LAW 112–141—JULY 6, 2012
resolve for a covered project any outstanding issues and project
delay, including by—
‘‘(A) providing additional staff, training, and expertise;
‘‘(B) facilitating interagency coordination;
‘‘(C) promoting more efficient collaboration; and
‘‘(D) supplying specialized onsite assistance.
‘‘(3) SCOPE OF WORK.—
‘‘(A) IN GENERAL.—In providing technical assistance
for a covered project under this subsection, the Secretary
shall establish a scope of work that describes the actions
that the Secretary will take to resolve the outstanding
issues and project delays, including establishing a schedule
under subparagraph (B).
‘‘(B) SCHEDULE.—
‘‘(i) IN GENERAL.—The Secretary shall establish
and meet a schedule for the completion of any permit,
approval, review, or study, required for the covered
project by the date that is not later than 4 years
after the date on which a notice of intent for the
covered project is issued.
‘‘(ii) INCLUSIONS.—The schedule under clause (i)
shall—
‘‘(I) comply with all applicable laws;
‘‘(II) require the concurrence of the Council
on Environmental Quality and each participating
agency for the project with the State in which
the project is located or the project sponsor, as
applicable; and
‘‘(III) reflect any new information that becomes
available and any changes in circumstances that
may result in new significant impacts that could
affect the timeline for completion of any permit,
approval, review, or study required for the covered
project.
‘‘(4) CONSULTATION.—In providing technical assistance for
a covered project under this subsection, the Secretary shall
consult, if appropriate, with resource and participating agencies
on all methods available to resolve the outstanding issues and
project delays for a covered project as expeditiously as possible.
‘‘(5) ENFORCEMENT.—
‘‘(A) IN GENERAL.—All provisions of this section shall
apply to this subsection, including the financial penalty
provisions under subsection (h)(6).
‘‘(B) RESTRICTION.—If the Secretary enforces this subsection under subsection (h)(6), the Secretary may use a
date included in a schedule under paragraph (3)(B) that
is created pursuant to and is in compliance with this subsection in lieu of the dates under subsection (h)(6)(B)(ii).’’.

Deadline.

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SEC.

1310.

INTEGRATION
REVIEW.

OF

PLANNING

AND

ENVIRONMENTAL

(a) IN GENERAL.—Chapter 1 of title 23, United States Code
(as amended by section 1115(a)), is amended by adding at the
end the following:

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PUBLIC LAW 112–141—JULY 6, 2012

126 STAT. 541

‘‘§ 168. Integration of planning and environmental review
‘‘(a) DEFINITIONS.—In this section, the following definitions
apply:
‘‘(1) ENVIRONMENTAL REVIEW PROCESS.—The term ‘environmental review process’ means the process for preparing for
a project an environmental impact statement, environmental
assessment, categorical exclusion, or other document prepared
under the National Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.).
‘‘(2) PLANNING PRODUCT.—The term ‘planning product’
means a detailed and timely decision, analysis, study, or other
documented information that—
‘‘(A) is the result of an evaluation or decisionmaking
process carried out during transportation planning,
including a detailed corridor plan or a transportation plan
developed under section 134 that fully analyzes impacts
on mobility, adjacent communities, and the environment;
‘‘(B) is intended to be carried into the transportation
project development process; and
‘‘(C) has been approved by the State, all local and
tribal governments where the project is located, and by
any relevant metropolitan planning organization.
‘‘(3) PROJECT.—The term ‘project’ has the meaning given
the term in section 139(a).
‘‘(4) PROJECT SPONSOR.—The term ‘project sponsor’ has the
meaning given the term in section 139(a).
‘‘(b) ADOPTION OF PLANNING PRODUCTS FOR USE IN NEPA PROCEEDINGS.—
‘‘(1) IN GENERAL.—Subject to the conditions set forth in
subsection (d), the Federal lead agency for a project may adopt
and use a planning product in proceedings relating to any
class of action in the environmental review process of the
project.
‘‘(2) IDENTIFICATION.—When the Federal lead agency makes
a determination to adopt and use a planning product, the
Federal lead agency shall identify those agencies that participated in the development of the planning products.
‘‘(3) PARTIAL ADOPTION OF PLANNING PRODUCTS.—The Federal lead agency may adopt a planning product under paragraph
(1) in its entirety or may select portions for adoption.
‘‘(4) TIMING.—A determination under paragraph (1) with
respect to the adoption of a planning product may be made
at the time the lead agencies decide the appropriate scope
of environmental review for the project but may also occur
later in the environmental review process, as appropriate.
‘‘(c) APPLICABILITY.—
‘‘(1) PLANNING DECISIONS.—Planning decisions that may
be adopted pursuant to this section include—
‘‘(A) whether tolling, private financial assistance, or
other special financial measures are necessary to implement the project;
‘‘(B) a decision with respect to modal choice, including
a decision to implement corridor or subarea study recommendations to advance different modal solutions as
separate projects with independent utility;
‘‘(C) a basic description of the environmental setting;

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126 STAT. 542

PUBLIC LAW 112–141—JULY 6, 2012

‘‘(D) a decision with respect to methodologies for analysis; and
‘‘(E) an identification of programmatic level mitigation
for potential impacts that the Federal lead agency, in consultation with Federal, State, local, and tribal resource
agencies, determines are most effectively addressed at a
regional or national program level, including—
‘‘(i) system-level measures to avoid, minimize, or
mitigate impacts of proposed transportation investments on environmental resources, including regional
ecosystem and water resources; and
‘‘(ii) potential mitigation activities, locations, and
investments.
‘‘(2) PLANNING ANALYSES.—Planning analyses that may be
adopted pursuant to this section include studies with respect
to—
‘‘(A) travel demands;
‘‘(B) regional development and growth;
‘‘(C) local land use, growth management, and development;
‘‘(D) population and employment;
‘‘(E) natural and built environmental conditions;
‘‘(F) environmental resources and environmentally sensitive areas;
‘‘(G) potential environmental effects, including the
identification of resources of concern and potential cumulative effects on those resources, identified as a result of
a statewide or regional cumulative effects assessment; and
‘‘(H) mitigation needs for a proposed action, or for
programmatic level mitigation, for potential effects that
the Federal lead agency determines are most effectively
addressed at a regional or national program level.
‘‘(d) CONDITIONS.—Adoption and use of a planning product
under this section is subject to a determination by the Federal
lead agency, with the concurrence of other participating agencies
with relevant expertise and project sponsors as appropriate, and
with an opportunity for public notice and comment and consideration of those comments by the Federal lead agency, that the
following conditions have been met:
‘‘(1) The planning product was developed through a planning process conducted pursuant to applicable Federal law.
‘‘(2) The planning product was developed by engaging in
active consultation with appropriate Federal and State resource
agencies and Indian tribes.
‘‘(3) The planning process included broad multidisciplinary
consideration of systems-level or corridor-wide transportation
needs and potential effects, including effects on the human
and natural environment.
‘‘(4) During the planning process, notice was provided
through publication or other means to Federal, State, local,
and tribal governments that might have an interest in the
proposed project, and to members of the general public, of
the planning products that the planning process might produce
and that might be relied on during any subsequent environmental review process, and such entities have been provided
an appropriate opportunity to participate in the planning
process leading to such planning product.

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PUBLIC LAW 112–141—JULY 6, 2012

126 STAT. 543

‘‘(5) After initiation of the environmental review process,
but prior to determining whether to rely on and use the planning product, the lead Federal agency has made documentation
relating to the planning product available to Federal, State,
local, and tribal governments that may have an interest in
the proposed action, and to members of the general public,
and has considered any resulting comments.
‘‘(6) There is no significant new information or new circumstance that has a reasonable likelihood of affecting the
continued validity or appropriateness of the planning product.
‘‘(7) The planning product has a rational basis and is based
on reliable and reasonably current data and reasonable and
scientifically acceptable methodologies.
‘‘(8) The planning product is documented in sufficient detail
to support the decision or the results of the analysis and to
meet requirements for use of the information in the environmental review process.
‘‘(9) The planning product is appropriate for adoption and
use in the environmental review process for the project.
‘‘(10) The planning product was approved not later than
5 years prior to date on which the information is adopted
pursuant to this section.
‘‘(e) EFFECT OF ADOPTION.—Any planning product adopted by
the Federal lead agency in accordance with this section may be
incorporated directly into an environmental review process document or other environmental document and may be relied upon
and used by other Federal agencies in carrying out reviews of
the project.
‘‘(f) RULES OF CONSTRUCTION.—
‘‘(1) IN GENERAL.—This section shall not be construed to
make the environmental review process applicable to the
transportation planning process conducted under this title and
chapter 53 of title 49.
‘‘(2) TRANSPORTATION PLANNING ACTIVITIES.—Initiation of
the environmental review process as a part of, or concurrently
with, transportation planning activities does not subject
transportation plans and programs to the environmental review
process.
‘‘(3) PLANNING PRODUCTS.—This section shall not be construed to affect the use of planning products in the environmental review process pursuant to other authorities under any
other provision of law or to restrict the initiation of the environmental review process during planning.’’.
(b) TECHNICAL AND CONFORMING AMENDMENT.—The analysis
for chapter 1 of title 23, United States Code (as amended by
section 1115(b)), is amended by adding at end the following:
‘‘Sec. 168. Integration of planning and environmental review.’’.
SEC. 1311. DEVELOPMENT OF PROGRAMMATIC MITIGATION PLANS.

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(a) IN GENERAL.—Chapter 1 of title 23, United States Code
(as amended by section 1310(a)), is amended by adding at the
end the following:
‘‘§ 169. Development of programmatic mitigation plans
‘‘(a) IN GENERAL.—As part of the statewide or metropolitan
transportation planning process, a State or metropolitan planning
organization may develop 1 or more programmatic mitigation plans

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126 STAT. 544

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to address the potential environmental impacts of future transportation projects.
‘‘(b) SCOPE.—
‘‘(1) SCALE.—A programmatic mitigation plan may be developed on a regional, ecosystem, watershed, or statewide scale.
‘‘(2) RESOURCES.—The plan may encompass multiple
environmental resources within a defined geographic area or
may focus on a specific resource, such as aquatic resources,
parkland, or wildlife habitat.
‘‘(3) PROJECT IMPACTS.—The plan may address impacts
from all projects in a defined geographic area or may focus
on a specific type of project.
‘‘(4) CONSULTATION.—The scope of the plan shall be determined by the State or metropolitan planning organization, as
appropriate, in consultation with the agency or agencies with
jurisdiction over the resources being addressed in the mitigation
plan.
‘‘(c) CONTENTS.—A programmatic mitigation plan may include—
‘‘(1) an assessment of the condition of environmental
resources in the geographic area covered by the plan, including
an assessment of recent trends and any potential threats to
those resources;
‘‘(2) an assessment of potential opportunities to improve
the overall quality of environmental resources in the geographic
area covered by the plan, through strategic mitigation for
impacts of transportation projects;
‘‘(3) standard measures for mitigating certain types of
impacts;
‘‘(4) parameters for determining appropriate mitigation for
certain types of impacts, such as mitigation ratios or criteria
for determining appropriate mitigation sites;
‘‘(5) adaptive management procedures, such as protocols
that involve monitoring predicted impacts over time and
adjusting mitigation measures in response to information gathered through the monitoring; and
‘‘(6) acknowledgment of specific statutory or regulatory
requirements that must be satisfied when determining appropriate mitigation for certain types of resources.
‘‘(d) PROCESS.—Before adopting a programmatic mitigation
plan, a State or metropolitan planning organization shall—
‘‘(1) consult with each agency with jurisdiction over the
environmental resources considered in the programmatic mitigation plan;
‘‘(2) make a draft of the plan available for review and
comment by applicable environmental resource agencies and
the public;
‘‘(3) consider any comments received from such agencies
and the public on the draft plan; and
‘‘(4) address such comments in the final plan.
‘‘(e) INTEGRATION WITH OTHER PLANS.—A programmatic mitigation plan may be integrated with other plans, including watershed
plans, ecosystem plans, species recovery plans, growth management
plans, and land use plans.
‘‘(f) CONSIDERATION IN PROJECT DEVELOPMENT AND PERMITTING.—If a programmatic mitigation plan has been developed pursuant to this section, any Federal agency responsible for environmental reviews, permits, or approvals for a transportation project

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PUBLIC LAW 112–141—JULY 6, 2012

126 STAT. 545

may use the recommendations in a programmatic mitigation plan
when carrying out the responsibilities under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
‘‘(g) PRESERVATION OF EXISTING AUTHORITIES.—Nothing in this
section limits the use of programmatic approaches to reviews under
the National Environmental Policy Act of 1969 (42 U.S.C. 4321
et seq.).’’.
(b) TECHNICAL AND CONFORMING AMENDMENT.—The analysis
for chapter 1 of title 23, United States Code (as amended by
section 1309(b)), is amended by adding at the end the following:
‘‘Sec. 169. Development of programmatic mitigation plans.’’.
SEC. 1312. STATE ASSUMPTION OF RESPONSIBILITY FOR CATEGORICAL EXCLUSIONS.

Section 326 of title 23, United States Code, is amended—
(1) in subsection (a) by adding at the end the following:
‘‘(4) PRESERVATION OF FLEXIBILITY.—The Secretary shall
not require a State, as a condition of assuming responsibility
under this section, to forego project delivery methods that are
otherwise permissible for highway projects.’’;
(2) by striking subsection (d) and inserting the following:
‘‘(d) TERMINATION.—
‘‘(1) TERMINATION BY THE SECRETARY.—The Secretary may
terminate any assumption of responsibility under a memorandum of understanding on a determination that the State
is not adequately carrying out the responsibilities assigned
to the State.
‘‘(2) TERMINATION BY THE STATE.—The State may terminate
the participation of the State in the program at any time
by providing to the Secretary a notice not later than the date
that is 90 days before the date of termination, and subject
to such terms and conditions as the Secretary may provide.’’;
and
(3) by adding at the end the following:
‘‘(f) LEGAL FEES.—A State assuming the responsibilities of the
Secretary under this section for a specific project may use funds
apportioned to the State under section 104(b)(2) for attorney’s fees
directly attributable to eligible activities associated with the
project.’’.

Notice.
Deadline.

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SEC. 1313. SURFACE TRANSPORTATION PROJECT DELIVERY PROGRAM.

(a) PROGRAM NAME.—Section 327 of title 23, United States
Code, is amended—
(1) in the section heading by striking ‘‘PILOT’’; and
(2) in subsection (a)(1) by striking ‘‘pilot’’.
(b) ASSUMPTION OF RESPONSIBILITY.—Section 327(a)(2) of title
23, United States Code, is amended—
(1) in subparagraph (B)—
(A) in clause (i) by striking ‘‘but’’; and
(B) by striking clause (ii) and inserting the following:
‘‘(ii) at the request of the State, the Secretary
may also assign to the State, and the State may
assume, the responsibilities of the Secretary with
respect to 1 or more railroad, public transportation,
or multimodal projects within the State under the
National Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.);

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126 STAT. 546

PUBLIC LAW 112–141—JULY 6, 2012

‘‘(iii) in a State that has assumed the responsibilities of the Secretary under clause (ii), a recipient
of assistance under chapter 53 of title 49 may request
that the Secretary maintain the responsibilities of the
Secretary with respect to 1 or more public transportation projects within the State under the National
Environmental Policy Act of 1969 (42 U.S.C. 13 4321
et seq.); but
‘‘(iv) the Secretary may not assign—
‘‘(I) any responsibility imposed on the Secretary by section 134 or 135 or section 5303 or
5304 of title 49; or
‘‘(II) responsibility for any conformity determination required under section 176 of the Clean
Air Act (42 U.S.C. 7506).’’; and
(2) by adding at the end the following:
‘‘(F) PRESERVATION OF FLEXIBILITY.—The Secretary
may not require a State, as a condition of participation
in the program, to forego project delivery methods that
are otherwise permissible for projects.
‘‘(G) LEGAL FEES.—A State assuming the responsibilities of the Secretary under this section for a specific project
may use funds apportioned to the State under section
104(b)(2) for attorneys’ fees directly attributable to eligible
activities associated with the project.’’.
(c) STATE PARTICIPATION.—Section 327(b) of title 23, United
States Code, is amended—
(1) by striking paragraph (1) and inserting the following:
‘‘(1) PARTICIPATING STATES.—All States are eligible to
participate in the program.’’; and
(2) in paragraph (2) by striking ‘‘date of enactment of
this section, the Secretary shall promulgate’’ and inserting ‘‘date
on which amendments to this section by the MAP-21 take
effect, the Secretary shall amend, as appropriate,’’.
(d) WRITTEN AGREEMENT.—Section 327(c) of title 23, United
States Code, is amended—
(1) in paragraph (3)(D) by striking the period at the end
and inserting a semicolon; and
(2) by adding at the end the following:
‘‘(4) require the State to provide to the Secretary any
information the Secretary considers necessary to ensure that
the State is adequately carrying out the responsibilities
assigned to the State;
‘‘(5) have a term of not more than 5 years; and
‘‘(6) be renewable.’’.
(e) CONFORMING AMENDMENT.—Section 327(e) of title 23,
United States Code, is amended by striking ‘‘subsection (i)’’ and
inserting ‘‘subsection (j)’’.
(f) AUDITS.—Section 327(g)(1)(B) of title 23, United States Code,
is amended by striking ‘‘subsequent year’’ and inserting ‘‘of the
third and fourth years’’.
(g) MONITORING.—Section 327 of title 23, United States Code,
is amended—
(1) by redesignating subsections (h) and (i) as subsections
(i) and (j), respectively; and
(2) by inserting after subsection (g) the following:

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PUBLIC LAW 112–141—JULY 6, 2012

126 STAT. 547

‘‘(h) MONITORING.—After the fourth year of the participation
of a State in the program, the Secretary shall monitor compliance
by the State with the written agreement, including the provision
by the State of financial resources to carry out the written agreement.’’.
(h) TERMINATION.—Section 327(j) of title 23, United States Code
(as so redesignated), is amended to read as follows:
‘‘(j) TERMINATION.—
‘‘(1) TERMINATION BY THE SECRETARY.—The Secretary may
terminate the participation of any State in the program if—
‘‘(A) the Secretary determines that the State is not
adequately carrying out the responsibilities assigned to
the State;
‘‘(B) the Secretary provides to the State—
‘‘(i) notification of the determination of noncompliance; and
‘‘(ii) a period of at least 30 days during which
to take such corrective action as the Secretary determines is necessary to comply with the applicable agreement; and
‘‘(C) the State, after the notification and period provided under subparagraph (B), fails to take satisfactory
corrective action, as determined by the Secretary.
‘‘(2) TERMINATION BY THE STATE.—The State may terminate
the participation of the State in the program at any time
by providing to the Secretary a notice by not later than the
date that is 90 days before the date of termination, and subject
to such terms and conditions as the Secretary may provide.’’.
(i) CLERICAL AMENDMENT.—The item relating to section 327
in the analysis of title 23, United States Code, is amended to
read as follows:

Notification.
Time period.

Notice.
Deadline.

‘‘327. Surface transportation project delivery program.’’.
SEC.

1314.

APPLICATION OF CATEGORICAL
MULTIMODAL PROJECTS.

EXCLUSIONS

FOR

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(a) IN GENERAL.—Section 304 of title 49, United States Code,
is amended to read as follows:
‘‘§ 304. Application of categorical exclusions for multimodal
projects
‘‘(a) DEFINITIONS.—In this section, the following definitions
apply:
‘‘(1) COOPERATING AUTHORITY.—The term ‘cooperating
authority’ means a Department of Transportation operating
authority that is not the lead authority with respect to a
project.
‘‘(2) LEAD AUTHORITY.—The term ‘lead authority’ means
a Department of Transportation operating administration or
secretarial office that—
‘‘(A) is the lead authority over a proposed multimodal
project; and
‘‘(B) has determined that the components of the project
that fall under the modal expertise of the lead authority—
‘‘(i) satisfy the conditions for a categorical exclusion
under implementing regulations or procedures of the
lead authority under the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.); and

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126 STAT. 548

PUBLIC LAW 112–141—JULY 6, 2012

‘‘(ii) do not require the preparation of an environmental assessment or environmental impact statement
under that Act.
‘‘(3) MULTIMODAL PROJECT.—The term ‘multimodal project’
has the meaning given the term in section 139(a) of title 23.
‘‘(b) EXERCISE OF AUTHORITIES.—The authorities granted in
this section may be exercised for a multimodal project, class of
projects, or program of projects that are carried out under this
title.
‘‘(c)
APPLICATION
OF
CATEGORICAL
EXCLUSIONS
FOR
MULTIMODAL PROJECTS.—In considering the environmental impacts
of a proposed multimodal project, a lead authority may apply a
categorical exclusion designated under the implementing regulations or procedures of a cooperating authority for other components
of the project, subject to the conditions that—
‘‘(1) the multimodal project is funded under 1 grant agreement administered by the lead authority;
‘‘(2) the multimodal project has components that require
the expertise of a cooperating authority to assess the environmental impacts of the components;
‘‘(3) the component of the project to be covered by the
categorical exclusion of the cooperating authority has independent utility;
‘‘(4) the cooperating authority, in consultation with the
lead authority—
‘‘(A) follows implementing regulations or procedures
under the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.); and
‘‘(B) determines that a categorical exclusion under that
Act applies to the components; and
‘‘(5) the lead authority has determined that—
‘‘(A) the project, using the categorical exclusions of
the lead authority and each applicable cooperating
authority, does not individually or cumulatively have a
significant impact on the environment; and
‘‘(B) extraordinary circumstances do not exist that
merit additional analysis and documentation in an environmental impact statement or environmental assessment
required under the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.).
‘‘(d) MODAL COOPERATION.—
‘‘(1) IN GENERAL.—A cooperating authority shall provide
modal expertise to the lead authority on such aspects of the
multimodal project in which the cooperating authority has
expertise.
‘‘(2) USE OF CATEGORICAL EXCLUSION.—In a case described
in paragraph (1), the 1 or more categorical exclusions of a
cooperating authority may be applied by the lead authority
once the cooperating authority reviews the project on behalf
of the lead authority and determines the project satisfies the
conditions for a categorical exclusion under the implementing
regulations or procedures of the cooperating authority under
the National Environmental Policy Act of 1969 (42 U.S.C. 4321
et seq.) and this section.’’.

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PUBLIC LAW 112–141—JULY 6, 2012

126 STAT. 549

(b) CONFORMING AMENDMENT.—The item relating to section
304 in the analysis for title 49, United States Code, is amended
to read as follows:

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‘‘304. Application of categorical exclusions for multimodal projects’’.

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SEC. 1315. CATEGORICAL EXCLUSIONS IN EMERGENCIES.

23 USC 109 note.

(a) IN GENERAL.—Not later than 30 days after the date of
enactment of this Act, for the repair or reconstruction of any road,
highway, or bridge that is in operation or under construction when
damaged by an emergency declared by the Governor of the State
and concurred in by the Secretary, or for a disaster or emergency
declared by the President pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et
seq.), the Secretary shall publish a notice of proposed rulemaking
to treat any such repair or reconstruction activity as a class of
action categorically excluded from the requirements relating to
environmental assessments or environmental impact statements
under section 1508.4 of title 40, Code of Federal Regulations, and
section 771.117 of title 23, Code of Federal Regulations (as in
effect on the date of enactment of this Act) if such repair or
reconstruction activity is—
(1) in the same location with the same capacity, dimensions,
and design as the original road, highway, or bridge as before
the declaration described in this section; and
(2) commenced within a 2-year period beginning on the
date of a declaration described in this section.
(b) RULEMAKING.—
(1) IN GENERAL.—The Secretary shall ensure that the rulemaking helps to conserve Federal resources and protects public
safety and health by providing for periodic evaluations to determine if reasonable alternatives exist to roads, highways, or
bridges that repeatedly require repair and reconstruction activities.
(2) REASONABLE ALTERNATIVES.—The reasonable alternatives described in paragraph (1) include actions that could
reduce the need for Federal funds to be expended on such
repair and reconstruction activities, better protect public safety
and health and the environment, and meet transportation needs
as described in relevant and applicable Federal, State, local
and tribal plans.

Deadline.
Notice.
Regulations.

SEC. 1316. CATEGORICAL EXCLUSIONS FOR PROJECTS WITHIN THE
RIGHT-OF-WAY.

23 USC 109 note.

(a) IN GENERAL.—The Secretary shall—
(1) not later than 180 days after the date of enactment
of this Act, designate any project (as defined in section 101(a)
of title 23, United States Code) within an existing operational
right-of-way as an action categorically excluded from the
requirements relating to environmental assessments or environmental impact statements under section 1508.4 of title 40,
Code of Federal Regulations, and section 771.117(c) of title
23, Code of Federal Regulations; and
(2) not later than 150 days after the date of enactment
of this Act, promulgate regulations to carry out paragraph
(1).
(b) DEFINITION OF AN OPERATIONAL RIGHT-OF-WAY.—In this
section, the term ‘‘operational right-of-way’’ means all real property

Deadlines.

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126 STAT. 550

PUBLIC LAW 112–141—JULY 6, 2012

interests acquired for the construction, operation, or mitigation
of a project (as defined in section 101(a) of title 23, United States
Code), including the locations of the roadway, bridges, interchanges,
culverts, drainage, clear zone, traffic control signage, landscaping,
and any rest areas with direct access to a controlled access highway.
Deadline.
23 USC 109 note.

SEC. 1317. CATEGORICAL EXCLUSION FOR PROJECTS OF LIMITED FEDERAL ASSISTANCE.

Not later than 180 days after the date of enactment of this
Act, the Secretary shall—*
(1) designate as an action categorically excluded from the
requirements relating to environmental assessments or environmental impact statements under section 1508.4 of title 40,
Code of Federal Regulations, and section 771.117(c) of title
23, Code of Federal Regulations, any project—
(A) that receives less than $5,000,000 of Federal funds;
or
(B) with a total estimated cost of not more than
$30,000,000 and Federal funds comprising less than 15
percent of the total estimated project cost; and
(2) not later than 150 days after the date of enactment
of this Act, promulgate regulations to carry out paragraph
(1).
23 USC 109 note.

SEC. 1318. PROGRAMMATIC AGREEMENTS AND ADDITIONAL CATEGORICAL EXCLUSIONS.

Deadline.

(a) IN GENERAL.—Not later than 60 days after the date of
enactment of this Act, the Secretary shall—
(1) survey the use by the Department of categorical exclusions in transportation projects since 2005;
(2) publish a review of the survey that includes a description of—
(A) the types of actions categorically excluded; and
(B) any requests previously received by the Secretary
for new categorical exclusions; and
(3) solicit requests from State departments of transportation, transit authorities, metropolitan planning organizations,
or other government agencies for new categorical exclusions.
(b) NEW CATEGORICAL EXCLUSIONS.—Not later than 120 days
after the date of enactment of this Act, the Secretary shall publish
a notice of proposed rulemaking to propose new categorical exclusions received by the Secretary under subsection (a), to the extent
that the categorical exclusions meet the criteria for a categorical
exclusion under section 1508.4 of title 40, Code of Federal Regulations, and section 771.117(a) of title 23, Code of Federal Regulations
(as those regulations are in effect on the date of the notice).
(c) ADDITIONAL ACTIONS.—The Secretary shall issue a proposed
rulemaking to move the following types of actions from subsection
(d) of section 771.117 of title 23, Code of Federal Regulations
(as in effect on the date of enactment of this Act), to subsection
(c) of that section, to the extent that such movement complies
with the criteria for a categorical exclusion under section 1508.4
of title 40, Code of Federal Regulations (as in effect on the date
of enactment of this Act):
(1) Modernization of a highway by resurfacing, restoration,
rehabilitation, reconstruction, adding shoulders, or adding
auxiliary lanes (including parking, weaving, turning, and
climbing).

Survey.
Publication.

Deadline.

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Regulations.

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PUBLIC LAW 112–141—JULY 6, 2012

126 STAT. 551

(2) Highway safety or traffic operations improvement
projects, including the installation of ramp metering control
devices and lighting.
(3) Bridge rehabilitation, reconstruction, or replacement
or the construction of grade separation to replace existing atgrade railroad crossings.
(d) PROGRAMMATIC AGREEMENTS.—
(1) IN GENERAL.—The Secretary shall seek opportunities
to enter into programmatic agreements with the States that
establish efficient administrative procedures for carrying out
environmental and other required project reviews.
(2) INCLUSIONS.—Programmatic agreements authorized
under paragraph (1) may include agreements that allow a State
to determine on behalf of the Federal Highway Administration
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.).
(3) DETERMINATIONS.—An agreement described in paragraph (2) may include determinations by the Secretary of the
types of projects categorically excluded (consistent with section
1508.4 of title 40, Code of Federal Regulations) in the State
in addition to the types listed in subsections (c) and (d) of
section 771.117 of title 23, Code of Federal Regulations (as
in effect on the date of enactment of this Act).
SEC. 1319. ACCELERATED DECISIONMAKING IN ENVIRONMENTAL
REVIEWS.

42 USC 4332a
note.

(a) IN GENERAL.—In preparing a final environmental impact
statement under the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.), if the lead agency modifies the statement
in response to comments that are minor and are confined to factual
corrections or explanations of why the comments do not warrant
additional agency response, the lead agency may write on errata
sheets attached to the statement instead of rewriting the draft
statement, subject to the condition that the errata sheets—
(1) cite the sources, authorities, or reasons that support
the position of the agency; and
(2) if appropriate, indicate the circumstances that would
trigger agency reappraisal or further response.
(b) INCORPORATION.—To the maximum extent practicable, the
lead agency shall expeditiously develop a single document that
consists of a final environmental impact statement and a record
of decision, unless—
(1) the final environmental impact statement makes
substantial changes to the proposed action that are relevant
to environmental or safety concerns; or
(2) there are significant new circumstances or information
relevant to environmental concerns and that bear on the proposed action or the impacts of the proposed action.

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SEC. 1320. MEMORANDA OF AGENCY AGREEMENTS FOR EARLY
COORDINATION.

23 USC 139 note.

(a) IN GENERAL.—It is the sense of Congress that—
(1) the Secretary and other Federal agencies with relevant
jurisdiction in the environmental review process should
cooperate with each other and other agencies on environmental
review and project delivery activities at the earliest practicable

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126 STAT. 552

PUBLIC LAW 112–141—JULY 6, 2012

time to avoid delays and duplication of effort later in the
process, head off potential conflicts, and ensure that planning
and project development decisions reflect environmental values;
and
(2) such cooperation should include the development of
policies and the designation of staff that advise planning agencies or project sponsors of studies or other information
foreseeably required for later Federal action and early consultation with appropriate State and local agencies and Indian
tribes.
(b) TECHNICAL ASSISTANCE.—If requested at any time by a
State or local planning agency, the Secretary and other Federal
agencies with relevant jurisdiction in the environmental review
process, shall, to the extent practicable and appropriate, as determined by the agencies, provide technical assistance to the State
or local planning agency on accomplishing the early coordination
activities described in subsection (d).
(c) MEMORANDUM OF AGENCY AGREEMENT.—If requested at any
time by a State or local planning agency, the lead agency, in
consultation with other Federal agencies with relevant jurisdiction
in the environmental review process, may establish memoranda
of agreement with the project sponsor, State, and local governments
and other appropriate entities to accomplish the early coordination
activities described in subsection (d).
(d) EARLY COORDINATION ACTIVITIES.—Early coordination
activities shall include, to the maximum extent practicable, the
following:
(1) Technical assistance on identifying potential impacts
and mitigation issues in an integrated fashion.
(2) The potential appropriateness of using planning products and decisions in later environmental reviews.
(3) The identification and elimination from detailed study
in the environmental review process of the issues that are
not significant or that have been covered by prior environmental
reviews.
(4) The identification of other environmental review and
consultation requirements so that the lead and cooperating
agencies may prepare, as appropriate, other required analyses
and studies concurrently with planning activities.
(5) The identification by agencies with jurisdiction over
any permits related to the project of any and all relevant
information that will reasonably be required for the project.
(6) The reduction of duplication between requirements
under the National Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.) and State and local planning and environmental
review requirements, unless the agencies are specifically barred
from doing so by applicable law.
(7) Timelines for the completion of agency actions during
the planning and environmental review processes.
(8) Other appropriate factors.

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Review.
Contracts.

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SEC. 1321. ENVIRONMENTAL PROCEDURES INITIATIVE.

(a) ESTABLISHMENT.—For grant programs under which funds
are distributed by formula by the Department, the Secretary shall
establish an initiative to review and develop consistent procedures
for environmental permitting and procurement requirements that

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PUBLIC LAW 112–141—JULY 6, 2012

126 STAT. 553

apply to a project carried out under title 23, United States Code,
or chapter 53 of title 49, United States Code.
(b) REPORT.—The Secretary shall publish the results of the
initiative described in subsection (a) in an electronically accessible
format.
SEC.

1322.

REVIEW OF STATE ENVIRONMENTAL REVIEWS AND
APPROVALS FOR THE PURPOSE OF ELIMINATING
DUPLICATION OF ENVIRONMENTAL REVIEWS.

For environmental reviews and approvals carried out on
projects funded under title 23, United States Code, the Comptroller
General of the United States shall—
(1) review State laws and procedures for conducting
environmental reviews with regard to such projects and identify
the States that have environmental laws that provide environmental protections and opportunities for public involvement
that are equivalent to those provided by Federal environmental
laws;
(2) determine the frequency and cost of environmental
reviews carried out at the Federal level that are duplicative
of State reviews that provide equivalent environmental protections and opportunities for public involvement; and
(3) not later than 2 years after the date of enactment
of this Act, 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 the results of the review and determination made under this section.

Determination.

Deadline.

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SEC. 1323. REVIEW OF FEDERAL PROJECT AND PROGRAM DELIVERY.

(a) COMPLETION TIME ASSESSMENTS AND REPORTS.—
(1) IN GENERAL.—For projects funded under title 23, United
States Code, the Secretary shall compare—
(A)(i) the completion times of categorical exclusions,
environmental assessments, and environmental impact
statements initiated after calendar year 2005; to
(ii) the completion times of categorical exclusions,
environmental assessments, and environmental impact
statements initiated during a period prior to calendar year
2005; and
(B)(i) the completion times of categorical exclusions,
environmental assessments, and environmental impact
statements initiated during the period beginning on
January 1, 2005, and ending on the date of enactment
of this Act; to
(ii) the completion times of categorical exclusions,
environmental assessments, and environmental impact
statements initiated after the date of enactment of this
Act.
(2) REPORT.—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) not later than 1 year after the date of enactment
of this Act, a report that—
(i) describes the results of the review conducted
under paragraph (1)(A); and

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126 STAT. 554

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(ii) identifies any change in the timing for completions, including the reasons for any such change and
the reasons for delays in excess of 5 years; and
(B) not later than 5 years after the date of enactment
of this Act, a report that—
(i) describes the results of the review conducted
under paragraph (1)(B); and
(ii) identifies any change in the timing for completions, including the reasons for any such change and
the reasons for delays in excess of 5 years.
(b) ADDITIONAL REPORT.—Not later than 2 years after the date
of enactment of this Act, the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works
of the Senate a report on the types and justification for the additional categorical exclusions granted under the authority provided
under sections 1316 and 1317.
(c) GAO REPORT.—The Comptroller General of the United
States shall—
(1) assess the reforms carried out under this subtitle
(including the amendments made by this subtitle); and
(2) not later than 5 years after the date of enactment
of this Act, 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 the results of the assessment.
(d) INSPECTOR GENERAL REPORT.—The Inspector General of
the Department of Transportation shall—
(1) assess the reforms carried out under this subtitle
(including the amendments made by this subtitle); and
(2) 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) not later than 2 years after the date of enactment
of this Act, an initial report of the findings of the Inspector
General; and
(B) not later than 4 years after the date of enactment
of this Act, a final report of the findings.

Subtitle D—Highway Safety

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23 USC 137 note.

SEC. 1401. JASON’S LAW.

(a) IN GENERAL.—It is the sense of Congress that it is a national
priority to address projects under this section for the shortage
of long-term parking for commercial motor vehicles on the National
Highway System to improve the safety of motorized and nonmotorized users and for commercial motor vehicle operators.
(b) ELIGIBLE PROJECTS.—Eligible projects under this section
are those that—
(1) serve the National Highway System; and
(2) may include the following:
(A) Constructing safety rest areas (as defined in section
120(c) of title 23, United States Code) that include parking
for commercial motor vehicles.

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PUBLIC LAW 112–141—JULY 6, 2012

126 STAT. 555

(B) Constructing commercial motor vehicle parking
facilities adjacent to commercial truck stops and travel
plazas.
(C) Opening existing facilities to commercial motor
vehicle parking, including inspection and weigh stations
and park-and-ride facilities.
(D) Promoting the availability of publicly or privately
provided commercial motor vehicle parking on the National
Highway System using intelligent transportation systems
and other means.
(E) Constructing turnouts along the National Highway
System for commercial motor vehicles.
(F) Making capital improvements to public commercial
motor vehicle parking facilities currently closed on a seasonal basis to allow the facilities to remain open yearround.
(G) Improving the geometric design of interchanges
on the National Highway System to improve access to
commercial motor vehicle parking facilities.
(c) SURVEY AND COMPARATIVE ASSESSMENT.—
(1) IN GENERAL.—Not later than 18 months after the date
of enactment of this Act, the Secretary, in consultation with
relevant State motor carrier safety personnel, shall conduct
a survey of each State—
(A) to evaluate the capability of the State to provide
adequate parking and rest facilities for commercial motor
vehicles engaged in interstate transportation;
(B) to assess the volume of commercial motor vehicle
traffic in the State; and
(C) to develop a system of metrics to measure the
adequacy of commercial motor vehicle parking facilities
in the State.
(2) RESULTS.—The results of the survey under paragraph
(1) shall be made available to the public on the website of
the Department of Transportation.
(3) PERIODIC UPDATES.—The Secretary shall periodically
update the survey under this subsection.
(d) ELECTRIC VEHICLE AND NATURAL GAS VEHICLE INFRASTRUCTURE.—
(1) IN GENERAL.—Except as provided in paragraph (2), a
State may establish electric vehicle charging stations or natural
gas vehicle refueling stations for the use of battery-powered
or natural gas-fueled trucks or other motor vehicles at any
parking facility funded or authorized under this Act or title
23, United States Code.
(2) EXCEPTION.—Electric vehicle battery charging stations
or natural gas vehicle refueling stations may not be established
or supported under paragraph (1) if commercial establishments
serving motor vehicle users are prohibited by section 111 of
title 23, United States Code.
(3) FUNDS.—Charging or refueling stations described in
paragraph (1) shall be eligible for the same funds as are available for the parking facilities in which the stations are located.
(e) TREATMENT OF PROJECTS.—Notwithstanding any other
provision of law, projects funded through the authority provided
under this section shall be treated as projects on a Federal-aid
highway under chapter 1 of title 23, United States Code.

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126 STAT. 556

PUBLIC LAW 112–141—JULY 6, 2012

SEC. 1402. OPEN CONTAINER REQUIREMENTS.

Section 154(c) of title 23, United States Code, is amended—
(1) by striking paragraph (2) and inserting the following:
‘‘(2) FISCAL YEAR 2012 AND THEREAFTER.—
‘‘(A) RESERVATION OF FUNDS.—On October 1, 2011, and
each October 1 thereafter, if a State has not enacted or
is not enforcing an open container law described in subsection (b), the Secretary shall reserve an amount equal
to 2.5 percent of the funds to be apportioned to the State
on that date under each of paragraphs (1) and (2) of section
104(b) until the State certifies to the Secretary the means
by which the State will use those reserved funds in accordance with subparagraphs (A) and (B) of paragraph (1)
and paragraph (3).
‘‘(B) TRANSFER OF FUNDS.—As soon as practicable after
the date of receipt of a certification from a State under
subparagraph (A), the Secretary shall—
‘‘(i) transfer the reserved funds identified by the
State for use as described in subparagraphs (A) and
(B) of paragraph (1) to the apportionment of the State
under section 402; and
‘‘(ii) release the reserved funds identified by the
State as described in paragraph (3).’’;
(2) by striking paragraph (3) and inserting the following:
‘‘(3) USE FOR HIGHWAY SAFETY IMPROVEMENT PROGRAM.—
‘‘(A) IN GENERAL.—A State may elect to use all or
a portion of the funds transferred under paragraph (2)
for activities eligible under section 148.
‘‘(B) STATE DEPARTMENTS OF TRANSPORTATION.—If the
State makes an election under subparagraph (A), the funds
shall be transferred to the department of transportation
of the State, which shall be responsible for the administration of the funds.’’; and
(3) by striking paragraph (5) and inserting the following:
‘‘(5) DERIVATION OF AMOUNT TO BE TRANSFERRED.—The
amount to be transferred under paragraph (2) may be derived
from the following:
‘‘(A) The apportionment of the State under section
104(b)(l).
‘‘(B) The apportionment of the State under section
104(b)(2).’’.

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SEC. 1403. MINIMUM PENALTIES FOR REPEAT OFFENDERS FOR
DRIVING WHILE INTOXICATED OR DRIVING UNDER THE
INFLUENCE.

(a) DEFINITIONS.—Section 164(a) of title 23, United States Code,
is amended—
(1) by striking paragraph (3);
(2) by redesignating paragraphs (4) and (5) as paragraphs
(3) and (4), respectively; and
(3) in paragraph (4) (as so redesignated) by striking
subparagraph (A) and inserting the following:
‘‘(A) receive—
‘‘(i) a suspension of all driving privileges for not
less than 1 year; or
‘‘(ii) a suspension of unlimited driving privileges
for 1 year, allowing for the reinstatement of limited

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PUBLIC LAW 112–141—JULY 6, 2012

126 STAT. 557

driving privileges subject to restrictions and limited
exemptions as established by State law, if an ignition
interlock device is installed for not less than 1 year
on each of the motor vehicles owned or operated, or
both, by the individual;’’.
(b) TRANSFER OF FUNDS.—Section 164(b) of title 23, United
States Code, is amended—
(1) by striking paragraph (2) and inserting the following:
‘‘(2) FISCAL YEAR 2012 AND THEREAFTER.—
‘‘(A) RESERVATION OF FUNDS.—On October 1, 2011, and
each October 1 thereafter, if a State has not enacted or
is not enforcing a repeat intoxicated driver law, the Secretary shall reserve an amount equal to 2.5 percent of
the funds to be apportioned to the State on that date
under each of paragraphs (1) and (2) of section 104(b)
until the State certifies to the Secretary the means by
which the States will use those reserved funds among
the uses authorized under subparagraphs (A) and (B) of
paragraph (1), and paragraph (3).
‘‘(B) TRANSFER OF FUNDS.—As soon as practicable after
the date of receipt of a certification from a State under
subparagraph (A), the Secretary shall—
‘‘(i) transfer the reserved funds identified by the
State for use as described in subparagraphs (A) and
(B) of paragraph (1) to the apportionment of the State
under section 402; and
‘‘(ii) release the reserved funds identified by the
State as described in paragraph (3).’’;
(2) by striking paragraph (3) and inserting the following:
‘‘(3) USE FOR HIGHWAY SAFETY IMPROVEMENT PROGRAM.—
‘‘(A) IN GENERAL.—A State may elect to use all or
a portion of the funds transferred under paragraph (2)
for activities eligible under section 148.
‘‘(B) STATE DEPARTMENTS OF TRANSPORTATION.—If the
State makes an election under subparagraph (A), the funds
shall be transferred to the department of transportation
of the State, which shall be responsible for the administration of the funds.’’; and
(3) by striking paragraph (5) and inserting the following:
‘‘(5) DERIVATION OF AMOUNT TO BE TRANSFERRED.—The
amount to be transferred under paragraph (2) may be derived
from the following:
‘‘(A) The apportionment of the State under section
104(b)(1).
‘‘(B) The apportionment of the State under section
104(b)(2).’’.

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SEC. 1404. ADJUSTMENTS TO PENALTY PROVISIONS.

(a) VEHICLE WEIGHT LIMITATIONS.—Section 127(a)(1) of title
23, United States Code, is amended by striking ‘‘No funds shall
be apportioned in any fiscal year under section 104(b)(1) of this
title to any State which’’ and inserting ‘‘The Secretary shall withhold
50 percent of the apportionment of a State under section 104(b)(1)
in any fiscal year in which the State’’.
(b) CONTROL OF JUNKYARDS.—Section 136 of title 23, United
States Code, is amended—
(1) in subsection (b), in the first sentence—

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126 STAT. 558

PUBLIC LAW 112–141—JULY 6, 2012

(A) by striking ‘‘10 per centum’’ and inserting ‘‘7 percent’’; and
(B) by striking ‘‘section 104 of this title’’ and inserting
‘‘paragraphs (1) through (5) of section 104(b)’’; and
(2) by adding at the end the following:
‘‘(n) DEFINITIONS.—For purposes of this section, the terms ‘primary system’ and ‘Federal-aid primary system’ mean any highway
that is on the National Highway System, which includes the Interstate Highway System.’’.
(c) ENFORCEMENT OF VEHICLE SIZE AND WEIGHT LAWS.—Section
141(b)(2) of title 23, United States Code, is amended—
(1) by striking ‘‘10 per centum’’ and inserting ‘‘7 percent’’;
and
(2) by striking ‘‘section 104 of this title’’ and inserting
‘‘paragraphs (1) through (5) of section 104(b)’’.
(d) PROOF OF PAYMENT OF THE HEAVY VEHICLE USE TAX.—
Section 141(c) of title 23, United States Code, is amended—
(1) by striking ‘‘section 104(b)(4)’’ each place it appears
and inserting ‘‘section 104(b)(1)’’; and
(2) in the first sentence by striking ‘‘25 per centum’’ and
inserting ‘‘8 percent’’.
(e) USE OF SAFETY BELTS.—Section 153(h) of title 23, United
States Code, is amended—
(1) by striking paragraph (1);
(2) by redesignating paragraph (2) as paragraph (1);
(3) in paragraph (1) (as so redesignated)—
(A) by striking the paragraph heading and inserting
‘‘PRIOR TO FISCAL YEAR 2012’’; and
(B) by inserting ‘‘and before October 1, 2011,’’ after
‘‘September 30, 1994,’’; and
(4) by inserting after paragraph (1) (as so redesignated)
the following:
‘‘(2) FISCAL YEAR 2012 AND THEREAFTER.—If, at any time
in a fiscal year beginning after September 30, 2011, a State
does not have in effect a law described in subsection (a)(2),
the Secretary shall transfer an amount equal to 2 percent
of the funds apportioned to the State for the succeeding fiscal
year under each of paragraphs (1) through (3) of section 104(b)
to the apportionment of the State under section 402.’’.
(f) NATIONAL MINIMUM DRINKING AGE.—Section 158(a)(1) of
title 23, United States Code, is amended—
(1) by striking ‘‘The Secretary’’ and inserting the following:
‘‘(A) FISCAL YEARS BEFORE 2012.—The Secretary’’; and
(2) by adding at the end the following:
‘‘(B) FISCAL YEAR 2012 AND THEREAFTER.—For fiscal
year 2012 and each fiscal year thereafter, the amount
to be withheld under this section shall be an amount equal
to 8 percent of the amount apportioned to the noncompliant
State, as described in subparagraph (A), under paragraphs
(1) and (2) of section 104(b).’’.
(g) DRUG OFFENDERS.—Section 159 of title 23, United States
Code, is amended—
(1) in subsection (a)—
(A) by striking paragraph (1);
(B) by redesignating paragraph (2) as paragraph (1);

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PUBLIC LAW 112–141—JULY 6, 2012

126 STAT. 559

(C) in paragraph (1) (as so redesignated) by striking
‘‘(including any amounts withheld under paragraph (1))’’;
and
(D) by inserting after paragraph (1) (as so redesignated) the following:
‘‘(2) FISCAL YEAR 2012 AND THEREAFTER.—The Secretary
shall withhold an amount equal to 8 percent of the amount
required to be apportioned to any State under each of paragraphs (1) and (2) of section 104(b) on the first day of each
fiscal year beginning after September 30, 2011, if the State
fails to meet the requirements of paragraph (3) on the first
day of the fiscal year.’’; and
(2) by striking subsection (b) and inserting the following:
‘‘(b) EFFECT OF NONCOMPLIANCE.—No funds withheld under
this section from apportionments to any State shall be available
for apportionment to that State.’’.
(h) ZERO TOLERANCE BLOOD ALCOHOL CONCENTRATION FOR
MINORS.—Section 161(a) of title 23, United States Code, is
amended—
(1) by striking paragraph (1);
(2) by redesignating paragraph (2) as paragraph (1);
(3) in paragraph (1) (as so redesignated)—
(A) by striking the paragraph heading and inserting
‘‘PRIOR TO FISCAL YEAR 2012’’; and
(B) by inserting ‘‘through fiscal year 2011’’ after ‘‘each
fiscal year thereafter’’; and
(4) by inserting after paragraph (1) (as so redesignated)
the following:
‘‘(2) FISCAL YEAR 2012 AND THEREAFTER.—The Secretary
shall withhold an amount equal to 8 percent of the amount
required to be apportioned to any State under each of paragraphs (1) and (2) of section 104(b) on October 1, 2011, and
on October 1 of each fiscal year thereafter, if the State does
not meet the requirement of paragraph (3) on that date.’’.
(i) OPERATION OF MOTOR VEHICLES BY INTOXICATED PERSONS.—
Section 163(e) of title 23, United States Code, is amended by
striking paragraphs (1) and (2) and inserting the following:
‘‘(1) FISCAL YEARS 2007 THROUGH 2011.—On October 1, 2006,
and October 1 of each fiscal year thereafter through fiscal
year 2011, if a State has not enacted or is not enforcing a
law described in subsection (a), the Secretary shall withhold
an amount equal to 8 percent of the amounts to be apportioned
to the State on that date under each of paragraphs (1), (3),
and (4) of section 104(b).
‘‘(2) FISCAL YEAR 2012 AND THEREAFTER.—On October 1,
2011, and October 1 of each fiscal year thereafter, if a State
has not enacted or is not enforcing a law described in subsection
(a), the Secretary shall withhold an amount equal to 6 percent
of the amounts to be apportioned to the State on that date
under each of paragraphs (1) and (2) of section 104(b).’’.
(j) COMMERCIAL DRIVER’S LICENSE.—Section 31314 of title 49,
United States Code, is amended—
(1) by redesignating subsection (c) as subsection (d); and
(2) by inserting after subsection (b) the following:
‘‘(c) PENALTIES IMPOSED IN FISCAL YEAR 2012 AND THEREAFTER.—Effective beginning on October 1, 2011—

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PUBLIC LAW 112–141—JULY 6, 2012
‘‘(1) the penalty for the first instance of noncompliance
by a State under this section shall be not more than an amount
equal to 4 percent of funds required to be apportioned to the
noncompliant State under paragraphs (1) and (2) of section
104(b) of title 23; and
‘‘(2) the penalty for subsequent instances of noncompliance
shall be not more than an amount equal to 8 percent of funds
required to be apportioned to the noncompliant State under
paragraphs (1) and (2) of section 104(b) of title 23.’’.

Deadline.

SEC. 1405. HIGHWAY WORKER SAFETY.

Not later than 60 days after the date of enactment of this
Act, the Secretary shall modify section 630.1108(a) of title 23,
Code of Federal Regulations (as in effect on the date of enactment
of this Act), to ensure that—
(1) at a minimum, positive protective measures are used
to separate workers on highway construction projects from
motorized traffic in all work zones conducted under traffic
in areas that offer workers no means of escape (such as tunnels
and bridges), unless an engineering study determines otherwise;
(2) temporary longitudinal traffic barriers are used to protect workers on highway construction projects in long-duration
stationary work zones when the project design speed is anticipated to be high and the nature of the work requires workers
to be within 1 lane-width from the edge of a live travel lane,
unless—
(A) an analysis by the project sponsor determines
otherwise; or
(B) the project is outside of an urbanized area and
the annual average daily traffic load of the applicable road
is less than 100 vehicles per hour; and
(3) when positive protective devices are necessary for highway construction projects, those devices are paid for on a unitpay basis, unless doing so would create a conflict with innovative contracting approaches, such as design-build or some
performance-based contracts under which the contractor is paid
to assume a certain risk allocation and payment is generally
made on a lump-sum basis.

Subtitle E—Miscellaneous

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SEC. 1501. REAL-TIME RIDESHARING.

Paragraph (3) of section 101(a) of title 23, United States Code
(as redesignated by section 1103(a)(2)), is amended by striking
‘‘and designating existing facilities for use for preferential parking
for carpools’’ and inserting ‘‘designating existing facilities for use
for preferential parking for carpools, and real-time ridesharing
projects, such as projects where drivers, using an electronic transfer
of funds, recover costs directly associated with the trip provided
through the use of location technology to quantify those direct
costs, subject to the condition that the cost recovered does not
exceed the cost of the trip provided’’.

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SEC. 1502. PROGRAM EFFICIENCIES.

The first sentence of section 102(b) of title 23, United States
Code, is amended by striking ‘‘made available for such engineering’’
and inserting ‘‘reimbursed for the preliminary engineering’’.

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SEC. 1503. PROJECT APPROVAL AND OVERSIGHT.

(a) IN GENERAL.—Section 106 of title 23, United States Code,
is amended—
(1) in subsection (a)(2) by inserting ‘‘recipient’’ before ‘‘formalizing’’;
(2) in subsection (c)—
(A) in paragraph (1)—
(i) in the heading, by striking ‘‘NON-INTERSTATE’’;
(ii) by striking ‘‘but not on the Interstate System’’;
and inserting ‘‘, including projects on the Interstate
System’’; and
(iii) by striking ‘‘of projects’’ and all that follows
through the period at the end and inserting ‘‘with
respect to the projects unless the Secretary determines
that the assumption is not appropriate.’’; and
(B) by striking paragraph (4) and inserting the following:
‘‘(4) LIMITATION ON INTERSTATE PROJECTS.—
‘‘(A) IN GENERAL.—The Secretary shall not assign any
responsibilities to a State for projects the Secretary determines to be in a high risk category, as defined under
subparagraph (B).
‘‘(B) HIGH RISK CATEGORIES.—The Secretary may define
the high risk categories under this subparagraph on a
national basis, a State-by-State basis, or a national and
State-by-State basis, as determined to be appropriate by
the Secretary.’’;
(3) in subsection (e)—
(A) in paragraph (1)(A)—
(i) in the matter preceding clause (i)—
(I) by striking ‘‘concept’’ and inserting ‘‘planning’’; and
(II) by striking ‘‘multidisciplined’’ and
inserting ‘‘multidisciplinary’’; and
(ii) by striking clause (i) and inserting the following:
‘‘(i) providing the needed functions safely, reliably,
and at the lowest overall lifecycle cost;’’;
(B) in paragraph (2)—
(i) in the matter preceding subparagraph (A) by
striking ‘‘or other cost-reduction analysis’’;
(ii) in subparagraph (A)—
(I) by striking ‘‘Federal-aid system’’ and
inserting ‘‘National Highway System receiving
Federal assistance’’; and
(II) by striking ‘‘$25,000,000’’ and inserting
‘‘$50,000,000’’; and
(iii) in subparagraph (B)—
(I) by inserting ‘‘on the National Highway
System receiving Federal assistance’’ after ‘‘a
bridge project’’; and

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126 STAT. 562

(II) by striking ‘‘$20,000,000’’ and inserting
‘‘$40,000,000’’; and
(C) by striking paragraph (4) and inserting the following:
‘‘(4) REQUIREMENTS.—
‘‘(A) VALUE ENGINEERING PROGRAM.—The State shall
develop and carry out a value engineering program that—
‘‘(i) establishes and documents value engineering
program policies and procedures;
‘‘(ii) ensures that the required value engineering
analysis is conducted before completing the final design
of a project;
‘‘(iii) ensures that the value engineering analysis
that is conducted, and the recommendations developed
and implemented for each project, are documented in
a final value engineering report; and
‘‘(iv) monitors, evaluates, and annually submits
to the Secretary a report that describes the results
of the value analyses that are conducted and the recommendations implemented for each of the projects
described in paragraph (2) that are completed in the
State.
‘‘(B) BRIDGE PROJECTS.—The value engineering analysis for a bridge project under paragraph (2) shall—
‘‘(i) include bridge superstructure and substructure
requirements based on construction material; and
‘‘(ii) be evaluated by the State—
‘‘(I) on engineering and economic bases, taking
into consideration acceptable designs for bridges;
and
‘‘(II) using an analysis of lifecycle costs and
duration of project construction.
‘‘(5) DESIGN-BUILD PROJECTS.—A requirement to provide
a value engineering analysis under this subsection shall not
apply to a project delivered using the design-build method
of construction.’’;
(4) in subsection (h)—
(A) in paragraph (1)(B) by inserting ‘‘, including a
phasing plan when applicable’’ after ‘‘financial plan’’; and
(B) by striking paragraph (3) and inserting the following:
‘‘(3) FINANCIAL PLAN.—A financial plan—
‘‘(A) shall be based on detailed estimates of the cost
to complete the project;
‘‘(B) shall provide for the annual submission of updates
to the Secretary that are based on reasonable assumptions,
as determined by the Secretary, of future increases in
the cost to complete the project;
‘‘(C) may include a phasing plan that identifies
fundable incremental improvements or phases that will
address the purpose and the need of the project in the
short term in the event there are insufficient financial
resources to complete the entire project. If a phasing plan
is adopted for a project pursuant to this section, the project
shall be deemed to satisfy the fiscal constraint requirements in the statewide and metropolitan planning requirements in sections 134 and 135; and

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‘‘(D) shall assess the appropriateness of a public-private
partnership to deliver the project.’’; and
(5) by adding at the end the following:
‘‘(j) USE OF ADVANCED MODELING TECHNOLOGIES.—
‘‘(1) DEFINITION OF ADVANCED MODELING TECHNOLOGY.—
In this subsection, the term ‘advanced modeling technology’
means an available or developing technology, including 3dimensional digital modeling, that can—
‘‘(A) accelerate and improve the environmental review
process;
‘‘(B) increase effective public participation;
‘‘(C) enhance the detail and accuracy of project designs;
‘‘(D) increase safety;
‘‘(E) accelerate construction, and reduce construction
costs; or
‘‘(F) otherwise expedite project delivery with respect
to transportation projects that receive Federal funding.
‘‘(2) PROGRAM.—With respect to transportation projects that
receive Federal funding, the Secretary shall encourage the use
of advanced modeling technologies during environmental, planning, financial management, design, simulation, and construction processes of the projects.
‘‘(3) ACTIVITIES.—In carrying out paragraph (2), the Secretary shall—
‘‘(A) compile information relating to advanced modeling
technologies, including industry best practices with respect
to the use of the technologies;
‘‘(B) disseminate to States information relating to
advanced modeling technologies, including industry best
practices with respect to the use of the technologies; and
‘‘(C) promote the use of advanced modeling technologies.
‘‘(4) COMPREHENSIVE PLAN.—The Secretary shall develop
and publish on the public website of the Department of
Transportation a detailed and comprehensive plan for the
implementation of paragraph (2).’’.
(b) REVIEW OF OVERSIGHT PROGRAM.—
(1) IN GENERAL.—The Secretary shall review the oversight
program established under section 106(g) of title 23, United
States Code, to determine the efficacy of the program in monitoring the effective and efficient use of funds authorized to
carry out title 23, United States Code.
(2) MINIMUM REQUIREMENTS FOR REVIEW.—At a minimum,
the review under paragraph (1) shall assess the capability
of the program to—
(A) identify projects funded under title 23, United
States Code, for which there are cost or schedule overruns;
and
(B) evaluate the extent of such overruns.
(3) REPORT TO CONGRESS.—Not later than 2 years after
the date of enactment of this Act, the Secretary shall transmit
to the Committee on Transportation and Infrastructure of the
House of Representatives and the Committee on Environment
and Public Works of the Senate a report on the results of
the review conducted under paragraph (1), which shall include

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PUBLIC LAW 112–141—JULY 6, 2012
recommendations for legislative changes to improve the oversight program established under section 106(g) of title 23,
United States Code.
(c) TRANSPARENCY AND ACCOUNTABILITY.—
(1) DATA COLLECTION.—The Secretary shall compile and
make available on the public website of the Department of
Transportation the annual expenditure data for funds made
available under title 23 and chapter 53 of title 49, United
States Code.
(2) REQUIREMENTS.—In carrying out paragraph (1), the Secretary shall ensure that the data made available on the public
website of the Department of Transportation—
(A) is organized by project and State;
(B) to the maximum extent practicable, is updated
regularly to reflect the current status of obligations,
expenditures, and Federal-aid projects; and
(C) can be searched and downloaded by users of the
website.
(3) REPORT TO CONGRESS.—The Secretary shall annually
submit to the Committee on Transportation and Infrastructure
of the House of Representatives and the Committee on Environment and Public Works and the Committee on Banking,
Housing, and Urban Affairs of the Senate a report containing
a summary of the data described in paragraph (1) for the
1-year period ending on the date on which the report is submitted.

23 USC 104 note.
Web posting.

Time period.

SEC. 1504. STANDARDS.

Section 109 of title 23, United States Code, is amended by
adding at the end the following:
‘‘(r) PAVEMENT MARKINGS.—The Secretary shall not approve
any pavement markings project that includes the use of glass beads
containing more than 200 parts per million of arsenic or lead,
as determined in accordance with Environmental Protection Agency
testing methods 3052, 6010B, or 6010C.’’.
SEC. 1505. JUSTIFICATION REPORTS FOR ACCESS POINTS ON THE
INTERSTATE SYSTEM.

Section 111 of title 23, United States Code, is amended by
adding at the end the following:
‘‘(e) JUSTIFICATION REPORTS.—If the Secretary requests or
requires a justification report for a project that would add a point
of access to, or exit from, the Interstate System, the Secretary
may permit a State transportation department to approve the
report.’’.

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SEC. 1506. CONSTRUCTION.

Section 114(b) of title 23, United States Code, is amended—
(1) in subsection (b)—
(A) by striking paragraph (1) and inserting the following:
‘‘(1) LIMITATION ON CONVICT LABOR.—Convict labor shall
not be used in construction of Federal-aid highways or portions
of Federal-aid highways unless the labor is performed by convicts who are on parole, supervised release, or probation.’’;
and
(B) in paragraph (3) by inserting ‘‘in existence during
that period’’ after ‘‘located on a Federal-aid system’’; and

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126 STAT. 565

(2) by adding at the end the following:
‘‘(d) VETERANS EMPLOYMENT.—–
‘‘(1) IN GENERAL.—Subject to paragraph (2), a recipient
of Federal financial assistance under this chapter shall, to
the extent practicable, encourage contractors working on a highway project funded using the assistance to make a best faith
effort in the hiring or referral of laborers on any project for
the construction of a highway to veterans (as defined in section
2108 of title 5) who have the requisite skills and abilities
to perform the construction work required under the contract.
‘‘(2) ADMINISTRATION.—This subsection shall not—
‘‘(A) apply to projects subject to section 140(d); or
‘‘(B) be administered or enforced in any manner that
would require an employer to give a preference to any
veteran over any equally qualified applicant who is a
member of any racial or ethnic minority, a female, or
any equally qualified former employee.’’.

Contracts.

SEC. 1507. MAINTENANCE.

Section 116 of title 23, United States Code, is amended—
(1) by redesignating subsections (a) through (d) as subsections (b) through (e), respectively;
(2) by inserting before subsection (b) (as so redesignated)
the following:
‘‘(a) DEFINITIONS.—In this section, the following definitions
apply:
‘‘(1) PREVENTIVE MAINTENANCE.—The term ‘preventive
maintenance’ includes pavement preservation programs and
activities.
‘‘(2) PAVEMENT PRESERVATION PROGRAMS AND ACTIVITIES.—
The term ‘pavement preservation programs and activities’
means programs and activities employing a network level, longterm strategy that enhances pavement performance by using
an integrated, cost-effective set of practices that extend pavement life, improve safety, and meet road user expectations.’’;
(3) in subsection (b) (as so redesignated)—
(A) in the first sentence, by inserting ‘‘or other direct
recipient’’ before ‘‘to maintain’’; and
(B) by striking the second sentence;
(4) by striking subsection (c) (as so redesignated) and
inserting the following:
‘‘(c) AGREEMENT.—In any State in which the State transportation department or other direct recipient is without legal authority
to maintain a project described in subsection (b), the transportation
department or direct recipient shall enter into a formal agreement
with the appropriate officials of the county or municipality in which
the project is located to provide for the maintenance of the project.’’;
and
(5) in the first sentence of subsection (d) (as so redesignated) by inserting ‘‘or other direct recipient’’ after ‘‘State
transportation department’’.

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SEC. 1508. FEDERAL SHARE PAYABLE.

Section 120 of title 23, United States Code, is amended—
(1) in the first sentence of subsection (c)(1)—
(A) by inserting ‘‘maintaining minimum levels of
retroreflectivity of highway signs or pavement markings,’’
after ‘‘traffic control signalization,’’;

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126 STAT. 566

Time period.

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Extension.

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(B) by inserting ‘‘shoulder and centerline rumble strips
and stripes,’’ after ‘‘pavement marking,’’; and
(C) by striking ‘‘Federal-aid systems’’ and inserting
‘‘Federal-aid programs’’;
(2) by striking subsection (e) and inserting the following:
‘‘(e) EMERGENCY RELIEF.—The Federal share payable for any
repair or reconstruction provided for by funds made available under
section 125 for any project on a Federal-aid highway, including
the Interstate System, shall not exceed the Federal share payable
on a project on the system as provided in subsections (a) and
(b), except that—
‘‘(1) the Federal share payable for eligible emergency
repairs to minimize damage, protect facilities, or restore essential traffic accomplished within 180 days after the actual occurrence of the natural disaster or catastrophic failure may amount
to 100 percent of the cost of the repairs;
‘‘(2) the Federal share payable for any repair or reconstruction of Federal land transportation facilities, Federal land
access transportation facilities, and tribal transportation facilities may amount to 100 percent of the cost of the repair or
reconstruction;
‘‘(3) the Secretary shall extend the time period in paragraph
(1) taking into consideration any delay in the ability of the
State to access damaged facilities to evaluate damage and
the cost of repair; and
‘‘(4) the Federal share payable for eligible permanent
repairs to restore damaged facilities to predisaster condition
may amount to 90 percent of the cost of the repairs if the
eligible expenses incurred by the State due to natural disasters
or catastrophic failures in a Federal fiscal year exceeds the
annual apportionment of the State under section 104 for the
fiscal year in which the disasters or failures occurred.’’;
(3) by striking subsection (g) and redesignating subsections
(h) through (l) as subsections (g) through (k), respectively;
(4) in subsection (i)(1)(A) (as redesignated by paragraph
(3)) by striking ‘‘and the Appalachian development highway
system program under section 14501 of title 40’’; and
(5) by striking subsections (j) and (k) (as redesignated
by paragraph (3)) and inserting the following:
‘‘(j) USE OF FEDERAL AGENCY FUNDS.—Notwithstanding any
other provision of law, any Federal funds other than those made
available under this title and title 49 may be used to pay the
non-Federal share of the cost of any transportation project that
is within, adjacent to, or provides access to Federal land, the Federal
share of which is funded under this title or chapter 53 of title
49.
‘‘(k) USE OF FEDERAL LAND AND TRIBAL TRANSPORTATION
FUNDS.—Notwithstanding any other provision of law, the funds
authorized to be appropriated to carry out the tribal transportation
program under section 202 and the Federal lands transportation
program under section 203 may be used to pay the non-Federal
share of the cost of any project that is funded under this title
or chapter 53 of title 49 and that provides access to or within
Federal or tribal land.’’.

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PUBLIC LAW 112–141—JULY 6, 2012

126 STAT. 567

SEC. 1509. TRANSFERABILITY OF FEDERAL-AID HIGHWAY FUNDS.

(a) IN GENERAL.—Section 126 of title 23, United States Code,
is amended to read as follows:
‘‘§ 126. Transferability of Federal-aid highway funds
‘‘(a) IN GENERAL.—Notwithstanding any other provision of law,
subject to subsection (b), a State may transfer from an apportionment under section 104(b) not to exceed 50 percent of the amount
apportioned for the fiscal year to any other apportionment of the
State under that section.
‘‘(b) APPLICATION TO CERTAIN SET-ASIDES.—
‘‘(1) IN GENERAL.—Funds that are subject to sections 104(d)
and 133(d) shall not be transferred under this section.
‘‘(2) FUNDS TRANSFERRED BY STATES.—Funds transferred
by a State under this section of the funding reserved for the
State under section 213 for a fiscal year may only come from
the portion of those funds that are available for obligation
in any area of the State under section 213(c)(1)(B).’’.
(b) CONFORMING AMENDMENT.—The analysis for chapter 1 of
title 23, United States Code, is amended by striking the item
relating to section 126 and inserting the following:
‘‘126. Transferability of Federal-aid highway funds.’’.
SEC. 1510. IDLE REDUCTION TECHNOLOGY.

Section 127(a)(12) of title 23, United States Code, is amended—
(1) in subparagraph (B), by striking ‘‘400’’ and inserting
‘‘550’’; and
(2) in subparagraph (C)(ii), by striking ‘‘400-pound’’ and
inserting ‘‘550-pound’’.
SEC. 1511. SPECIAL PERMITS DURING PERIODS OF NATIONAL EMERGENCY.

Section 127 of title 23, United States Code, is amended by
inserting at the end the following:
‘‘(i) SPECIAL PERMITS DURING PERIODS OF NATIONAL EMERGENCY.—
‘‘(1) IN GENERAL.—Notwithstanding any other provision of
this section, a State may issue special permits during an emergency to overweight vehicles and loads that can easily be
dismantled or divided if—
‘‘(A) the President has declared the emergency to be
a major disaster under the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5121 et
seq.);
‘‘(B) the permits are issued in accordance with State
law; and
‘‘(C) the permits are issued exclusively to vehicles and
loads that are delivering relief supplies.
‘‘(2) EXPIRATION.—A permit issued under paragraph (1)
shall expire not later than 120 days after the date of the
declaration of emergency under subparagraph (A) of that paragraph.’’.
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SEC. 1512. TOLLING.

(a) AMENDMENT TO TOLLING PROVISION.—Section 129(a) of title
23, United States Code, is amended to read as follows:
‘‘(a) BASIC PROGRAM.—

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126 STAT. 568

PUBLIC LAW 112–141—JULY 6, 2012
‘‘(1) AUTHORIZATION FOR FEDERAL PARTICIPATION.—Subject
to the provisions of this section, Federal participation shall
be permitted on the same basis and in the same manner as
construction of toll-free highways is permitted under this
chapter in the—
‘‘(A) initial construction of a toll highway, bridge, or
tunnel or approach to the highway, bridge, or tunnel;
‘‘(B) initial construction of 1 or more lanes or other
improvements that increase capacity of a highway, bridge,
or tunnel (other than a highway on the Interstate System)
and conversion of that highway, bridge, or tunnel to a
tolled facility, if the number of toll-free lanes, excluding
auxiliary lanes, after the construction is not less than
the number of toll-free lanes, excluding auxiliary lanes,
before the construction;
‘‘(C) initial construction of 1 or more lanes or other
improvements that increase the capacity of a highway,
bridge, or tunnel on the Interstate System and conversion
of that highway, bridge, or tunnel to a tolled facility, if
the number of toll-free non-HOV lanes, excluding auxiliary
lanes, after such construction is not less than the number
of toll-free non-HOV lanes, excluding auxiliary lanes, before
such construction;
‘‘(D) reconstruction, resurfacing, restoration, rehabilitation, or replacement of a toll highway, bridge, or tunnel
or approach to the highway, bridge, or tunnel;
‘‘(E) reconstruction or replacement of a toll-free bridge
or tunnel and conversion of the bridge or tunnel to a
toll facility;
‘‘(F) reconstruction of a toll-free Federal-aid highway
(other than a highway on the Interstate System) and
conversion of the highway to a toll facility;
‘‘(G) reconstruction, restoration, or rehabilitation of a
highway on the Interstate System if the number of tollfree non-HOV lanes, excluding auxiliary lanes, after
reconstruction, restoration, or rehabilitation is not less than
the number of toll-free non-HOV lanes, excluding auxiliary
lanes, before reconstruction, restoration, or rehabilitation;
‘‘(H) conversion of a high occupancy vehicle lane on
a highway, bridge, or tunnel to a toll facility; and
‘‘(I) preliminary studies to determine the feasibility
of a toll facility for which Federal participation is authorized under this paragraph.
‘‘(2) OWNERSHIP.—Each highway, bridge, tunnel, or
approach to the highway, bridge, or tunnel constructed under
this subsection shall—
‘‘(A) be publicly owned; or
‘‘(B) be privately owned if the public authority with
jurisdiction over the highway, bridge, tunnel, or approach
has entered into a contract with 1 or more private persons
to design, finance, construct, and operate the facility and
the public authority will be responsible for complying with
all applicable requirements of this title with respect to
the facility.
‘‘(3) LIMITATIONS ON USE OF REVENUES.—

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PUBLIC LAW 112–141—JULY 6, 2012

126 STAT. 569

‘‘(A) IN GENERAL.—A public authority with jurisdiction
over a toll facility shall use all toll revenues received from
operation of the toll facility only for—
‘‘(i) debt service with respect to the projects on
or for which the tolls are authorized, including funding
of reasonable reserves and debt service on refinancing;
‘‘(ii) a reasonable return on investment of any private person financing the project, as determined by
the State or interstate compact of States concerned;
‘‘(iii) any costs necessary for the improvement and
proper operation and maintenance of the toll facility,
including reconstruction, resurfacing, restoration, and
rehabilitation;
‘‘(iv) if the toll facility is subject to a public-private
partnership agreement, payments that the party
holding the right to toll revenues owes to the other
party under the public-private partnership agreement;
and
‘‘(v) if the public authority certifies annually that
the tolled facility is being adequately maintained, any
other purpose for which Federal funds may be obligated
by a State under this title.
‘‘(B) ANNUAL AUDIT.—
‘‘(i) IN GENERAL.—A public authority with jurisdiction over a toll facility shall conduct or have an independent auditor conduct an annual audit of toll facility
records to verify adequate maintenance and compliance
with subparagraph (A), and report the results of the
audits to the Secretary.
‘‘(ii) RECORDS.—On reasonable notice, the public
authority shall make all records of the public authority
pertaining to the toll facility available for audit by
the Secretary.
‘‘(C) NONCOMPLIANCE.—If the Secretary concludes that
a public authority has not complied with the limitations
on the use of revenues described in subparagraph (A),
the Secretary may require the public authority to discontinue collecting tolls until an agreement with the Secretary is reached to achieve compliance with the limitation
on the use of revenues described in subparagraph (A).
‘‘(4) LIMITATIONS ON CONVERSION OF HIGH OCCUPANCY
VEHICLE FACILITIES ON INTERSTATE SYSTEM.—
‘‘(A) IN GENERAL.—A public authority with jurisdiction
over a high occupancy vehicle facility on the Interstate
System may undertake reconstruction, restoration, or
rehabilitation under paragraph (1)(G) on the facility, and
may levy tolls on vehicles, excluding high occupancy
vehicles, using the reconstructed, restored, or rehabilitated
facility, if the public authority—
‘‘(i) in the case of a high occupancy vehicle facility
that affects a metropolitan area, submits to the Secretary a written assurance that the metropolitan planning organization designated under section 5203 of
title 49 for the area has been consulted concerning
the placement and amount of tolls on the converted
facility;

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126 STAT. 570

PUBLIC LAW 112–141—JULY 6, 2012
‘‘(ii) develops, manages, and maintains a system
that will automatically collect the toll; and
‘‘(iii) establishes policies and procedures—
‘‘(I) to manage the demand to use the facility
by varying the toll amount that is charged; and
‘‘(II) to enforce sanctions for violations of use
of the facility.
‘‘(B) EXEMPTION FROM TOLLS.—In levying tolls on a
facility under subparagraph (A), a public authority may
designate classes of vehicles that are exempt from the
tolls or charge different toll rates for different classes of
vehicles.
‘‘(5) SPECIAL RULE FOR FUNDING.—
‘‘(A) IN GENERAL.—In the case of a toll facility under
the jurisdiction of a public authority of a State (other
than the State transportation department), on request of
the State transportation department and subject to such
terms and conditions as the department and public
authority may agree, the Secretary, working through the
State department of transportation, shall reimburse the
public authority for the Federal share of the costs of
construction of the project carried out on the toll facility
under this subsection in the same manner and to the
same extent as the department would be reimbursed if
the project was being carried out by the department.
‘‘(B) SOURCE.—The reimbursement of funds under this
paragraph shall be from sums apportioned to the State
under this chapter and available for obligations on projects
on the Federal-aid system in the State on which the project
is being carried out.
‘‘(6) LIMITATION ON FEDERAL SHARE.—The Federal share
payable for a project described in paragraph (1) shall be a
percentage determined by the State, but not to exceed 80 percent.
‘‘(7) MODIFICATIONS.—If a public authority (including a
State transportation department) with jurisdiction over a toll
facility subject to an agreement under this section or section
119(e), as in effect on the day before the effective date of
title I of the Intermodal Surface Transportation Efficiency Act
of 1991 (105 Stat. 1915), requests modification of the agreement,
the Secretary shall modify the agreement to allow the continuation of tolls in accordance with paragraph (3) without repayment of Federal funds.
‘‘(8) LOANS.—
‘‘(A) IN GENERAL.—
‘‘(i) LOANS.—Using amounts made available under
this title, a State may loan to a public or private
entity constructing or proposing to construct under
this section a toll facility or non-toll facility with a
dedicated revenue source an amount equal to all or
part of the Federal share of the cost of the project
if the project has a revenue source specifically dedicated to the project.
‘‘(ii) DEDICATED REVENUE SOURCES.—Dedicated
revenue sources for non-toll facilities include excise
taxes, sales taxes, motor vehicle use fees, tax on real

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126 STAT. 571

property, tax increment financing, and such other dedicated revenue sources as the Secretary determines
appropriate.
‘‘(B) COMPLIANCE WITH FEDERAL LAWS.—As a condition
of receiving a loan under this paragraph, the public or
private entity that receives the loan shall ensure that the
project will be carried out in accordance with this title
and any other applicable Federal law, including any
applicable provision of a Federal environmental law.
‘‘(C) SUBORDINATION OF DEBT.—The amount of any loan
received for a project under this paragraph may be subordinated to any other debt financing for the project.
‘‘(D) OBLIGATION OF FUNDS LOANED.—Funds loaned
under this paragraph may only be obligated for projects
under this paragraph.
‘‘(E) REPAYMENT.—The repayment of a loan made
under this paragraph shall commence not later than 5
years after date on which the facility that is the subject
of the loan is open to traffic.
‘‘(F) TERM OF LOAN.—The term of a loan made under
this paragraph shall not exceed 30 years from the date
on which the loan funds are obligated.
‘‘(G) INTEREST.—A loan made under this paragraph
shall bear interest at or below market interest rates, as
determined by the State, to make the project that is the
subject of the loan feasible.
‘‘(H) REUSE OF FUNDS.—Amounts repaid to a State
from a loan made under this paragraph may be obligated—
‘‘(i) for any purpose for which the loan funds were
available under this title; and
‘‘(ii) for the purchase of insurance or for use as
a capital reserve for other forms of credit enhancement
for project debt in order to improve credit market
access or to lower interest rates for projects eligible
for assistance under this title.
‘‘(I) GUIDELINES.—The Secretary shall establish procedures and guidelines for making loans under this paragraph.
‘‘(9) STATE LAW PERMITTING TOLLING.—If a State does not
have a highway, bridge, or tunnel toll facility as of the date
of enactment of the MAP–21, before commencing any activity
authorized under this section, the State shall have in effect
a law that permits tolling on a highway, bridge, or tunnel.
‘‘(10) DEFINITIONS.—In this subsection, the following definitions apply:
‘‘(A) HIGH OCCUPANCY VEHICLE; HOV.—The term ‘high
occupancy vehicle’ or ‘HOV’ means a vehicle with not fewer
than 2 occupants.
‘‘(B) INITIAL CONSTRUCTION.—
‘‘(i) IN GENERAL.—The term ‘initial construction’
means the construction of a highway, bridge, tunnel,
or other facility at any time before it is open to traffic.
‘‘(ii) EXCLUSIONS.—The term ‘initial construction’
does not include any improvement to a highway,
bridge, tunnel, or other facility after it is open to
traffic.

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Deadline.
23 USC 129 note.

PUBLIC LAW 112–141—JULY 6, 2012

‘‘(C) PUBLIC AUTHORITY.—The term ‘public authority’
means a State, interstate compact of States, or public entity
designated by a State.
‘‘(D) TOLL FACILITY.—The term ‘toll facility’ means a
toll highway, bridge, or tunnel or approach to the highway,
bridge, or tunnel constructed under this subsection.’’.
(b) ELECTRONIC TOLL COLLECTION INTEROPERABILITY REQUIREMENTS.—Not later than 4 years after the date of enactment of
this Act, all toll facilities on the Federal-aid highways shall implement technologies or business practices that provide for the interoperability of electronic toll collection programs.
SEC. 1513. MISCELLANEOUS PARKING AMENDMENTS.

(a) FRINGE AND CORRIDOR PARKING FACILITIES.—Section 137
of title 23, United States Code, is amended—
(1) in subsection (f)(1)—
(A) by striking ‘‘104(b)(4)’’ and inserting ‘‘104(b)(1)’’;
and
(B) by inserting ‘‘including the addition of electric
vehicle charging stations or natural gas vehicle refueling
stations,’’ after ‘‘new facilities,’’; and
(2) by adding at the end the following:
‘‘(g) FUNDING.—The addition of electric vehicle charging stations
or natural gas vehicle refueling stations to new or previously funded
parking facilities shall be eligible for funding under this section.’’.
(b) PUBLIC TRANSPORTATION.—Section 142(a)(1) of title 23,
United States Code, is amended by inserting ‘‘, which may include
electric vehicle charging stations or natural gas vehicle refueling
stations,’’ after ‘‘parking facilities’’.
(c) FOREST DEVELOPMENT ROADS AND TRAILS.—Section 205(d)
of title 23, United States Code, is amended by inserting ‘‘, which
may include electric vehicle charging stations or natural gas vehicle
refueling stations,’’ after ‘‘parking areas’’.

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SEC. 1514. HOV FACILITIES.

Section 166 of title 23, United States Code, is amended—
(1) in subsection (b)(5)—
(A) in subparagraph (A) by striking ‘‘2009’’ and
inserting ‘‘2017’’;
(B) in subparagraph (B) by striking ‘‘2009’’ and
inserting ‘‘2017’’; and
(C) in subparagraph (C)—
(i) by striking ‘‘subparagraph (B)’’ and inserting
‘‘this paragraph’’; and
(ii) by inserting ‘‘or equal to’’ after ‘‘less than’’;
(2) in subsection (c) by striking paragraph (3) and inserting
the following:
‘‘(3) TOLL REVENUE.—Toll revenue collected under this section is subject to the requirements of section 129(a)(3).’’; and
(3) in subsection (d)(1)—
(A) in the matter preceding subparagraph (A)—
(i) by striking ‘‘in a fiscal year shall certify’’ and
inserting ‘‘shall submit to the Secretary a report demonstrating that the facility is not already degraded,
and that the presence of the vehicles will not cause
the facility to become degraded, and certify’’; and
(ii) by striking ‘‘in the fiscal year’’;

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(B) in subparagraph (A) by inserting ‘‘and submitting
to the Secretary annual reports of those impacts’’ after
‘‘adjacent highways’’;
(C) in subparagraph (C) by striking ‘‘if the presence
of the vehicles has degraded the operation of the facility’’
and inserting ‘‘whenever the operation of the facility is
degraded’’; and
(D) by adding at the end the following:
‘‘(D) MAINTENANCE OF OPERATING PERFORMANCE.—Not
later than 180 days after the date on which a facility
is degraded pursuant to the standard specified in paragraph (2), the State agency with jurisdiction over the
facility shall bring the facility into compliance with the
minimum average operating speed performance standard
through changes to operation of the facility, including—
‘‘(i) increasing the occupancy requirement for HOV
lanes;
‘‘(ii) varying the toll charged to vehicles allowed
under subsection (b) to reduce demand;
‘‘(iii) discontinuing allowing non-HOV vehicles to
use HOV lanes under subsection (b); or
‘‘(iv) increasing the available capacity of the HOV
facility.
‘‘(E) COMPLIANCE.—If the State fails to bring a facility
into compliance under subparagraph (D), the Secretary
shall subject the State to appropriate program sanctions
under section 1.36 of title 23, Code of Federal Regulations
(or successor regulations), until the performance is no
longer degraded.’’.

Deadline.

SEC. 1515. FUNDING FLEXIBILITY FOR TRANSPORTATION EMERGENCIES.

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(a) IN GENERAL.—Chapter 1 of title 23, United States Code
(as amended by section 1311(a)), is amended by adding at the
end the following:
‘‘§ 170. Funding flexibility for transportation emergencies
‘‘(a) IN GENERAL.—Notwithstanding any other provision of law,
a State may use up to 100 percent of any covered funds of the
State to repair or replace a transportation facility that has suffered
serious damage as a result of a natural disaster or catastrophic
failure from an external cause.
‘‘(b) DECLARATION OF EMERGENCY.—Funds may be used under
this section only for a disaster or emergency declared by the President pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.).
‘‘(c) REPAYMENT.—Funds used under subsection (a) shall be
repaid to the program from which the funds were taken in the
event that such repairs or replacement are subsequently covered
by a supplemental appropriation of funds.
‘‘(d) DEFINITIONS.—In this section, the following definitions
apply:
‘‘(1) COVERED FUNDS.—The term ‘covered funds’ means any
amounts apportioned to a State under section 104(b), other
than amounts suballocated to metropolitan areas and other
areas of the State under section 133(d), but including any
such amounts required to be set aside for a purpose other

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than the repair or replacement of a transportation facility under
this section.
‘‘(2) TRANSPORTATION FACILITY.—The term ‘transportation
facility’ means any facility eligible for assistance under section
125.’’.
(b) TECHNICAL AND CONFORMING AMENDMENT.—The analysis
for chapter 1 of title 23, United States Code (as amended by
section 1311(b)), is amended by adding at the end the following:
‘‘170. Funding flexibility for transportation emergencies.’’.
SEC. 1516. DEFENSE ACCESS ROAD PROGRAM ENHANCEMENTS TO
ADDRESS TRANSPORTATION INFRASTRUCTURE IN THE
VICINITY OF MILITARY INSTALLATIONS.

The second sentence of section 210(a)(2) of title 23, United
States Code, is amended by inserting ‘‘, in consultation with the
Secretary of Transportation,’’ before ‘‘shall determine’’.
SEC. 1517. MAPPING.

Compliance
process.
Deadline.

(a) IN GENERAL.—Section 306 of title 23, United States Code,
is amended—
(1) in subsection (a) by striking ‘‘may’’ and inserting ‘‘shall’’;
(2) in subsection (b) in the second sentence by striking
‘‘State and’’ and inserting ‘‘State government and’’; and
(3) by adding at the end the following:
‘‘(c) IMPLEMENTATION.—The Secretary shall develop a process
for the oversight and monitoring, on an annual basis, of the compliance of each State with the guidance issued under subsection (b).’’.
(b) SURVEY.—Not later than 2 years after the date of enactment
of this Act, the Secretary shall conduct a survey of all States
to determine what percentage of projects carried out under title
23, United States Code, in each State utilize private sector sources
for surveying and mapping services.
SEC. 1518. BUY AMERICA PROVISIONS.

Section 313 of title 23, United States Code, is amended by
adding at the end the following:
‘‘(g) APPLICATION TO HIGHWAY PROGRAMS.—The requirements
under this section shall apply to all contracts eligible for assistance
under this chapter for a project carried out within the scope of
the applicable finding, determination, or decision under the
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.), regardless of the funding source of such contracts, if at least
1 contract for the project is funded with amounts made available
to carry out this title.’’.

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SEC. 1519. CONSOLIDATION OF PROGRAMS; REPEAL OF OBSOLETE
PROVISIONS.

(a) CONSOLIDATION OF PROGRAMS.—From administrative funds
made available under section 104(a) of title 23, United States Code,
not less than $3,000,000 for each of fiscal years 2013 and 2014
shall be made available—
(1) to carry out safety-related activities, including—
(A) to carry out the operation lifesaver program—
(i) to provide public information and education programs to help prevent and reduce motor vehicle
accidents, injuries, and fatalities; and
(ii) to improve driver performance at railway-highway crossings; and

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126 STAT. 575

(B) to provide work zone safety grants in accordance
with subsections (a) and (b) of section 1409 of the
SAFETEA–LU (23 U.S.C. 401 note; 119 Stat. 1232); and
(2) to operate authorized safety-related clearinghouses,
including—
(A) the national work zone safety information clearinghouse authorized by section 358(b)(2) of the National Highway System Designation Act of 1995 (23 U.S.C. 401 note;
109 Stat. 625); and
(B) a public road safety clearinghouse in accordance
with section 1411(a) of the SAFETEA–LU (23 U.S.C. 402
note; 119 Stat. 1234).
(b) REPEALS.—
(1) TITLE 23.—
(A) IN GENERAL.—Sections 105, 110, 117, 124, 151,
155, 157, 160, 212, 216, 303, and 309 of title 23, United
States Code, are repealed.
(B) SET ASIDES.—Section 118 of title 23, United States
Code, is amended—
(i) by striking subsection (c); and
(ii) by redesignating subsections (d) and (e) as
subsections (c) and (d), respectively.
(2) SAFETEA–LU.—Sections 1302, 1305, 1306, 1803, 1804,
1907, and 1958 of SAFETEA–LU (Public Law 109–59) are
repealed.
(3) ADDITIONAL.—Section 1132 of the Energy Independence
and Security Act of 2007 (Public Law 110–140; 121 Stat. 1763)
is repealed.
(c) CONFORMING AMENDMENTS.—
(1) TITLE ANALYSIS.—
(A) CHAPTER 1.—The analysis for chapter 1 of title
23, United States Code, is amended by striking the items
relating to sections 105, 110, 117, 124, 151, 155, 157,
and 160.
(B) CHAPTER 2.—The analysis for chapter 2 of title
23, United States Code, is amended by striking the items
relating to sections 212 and 216.
(C) CHAPTER 3.—The analysis for chapter 3 of title
23, United States Code, is amended by striking the items
relating to sections 303 and 309.
(2) TABLE OF CONTENTS.—The table of contents contained
in section 1(b) of SAFETEA–LU (Public Law 109–59; 119 Stat.
1144) is amended by striking the items relating to sections
1302, 1305, 1306, 1803, 1804, 1907, and 1958.
(3) SECTION 104.—Section 104(e) of title 23, United States
Code, is amended by striking ‘‘, 105,’’.
(4) SECTION 109.—Section 109(q) of title 23, United States
Code, is amended by striking ‘‘in accordance with section 303
or’’.
(5) SECTION 118.—Section 118(b) of title 23, United States
Code, is amended—
(A) by striking paragraph (1) and all that follows
through the heading of paragraph (2); and
(B) by striking ‘‘(other than for Interstate construction)’’.
(6) SECTION 130.—Section 130 of title 23, United States
Code, is amended—

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23 USC 101 note,
103 note, 137
note, 144 note.

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PUBLIC LAW 112–141—JULY 6, 2012
(A) in subsection (e) by striking ‘‘section 104(b)(5)’’
and inserting ‘‘section 104(b)(3)’’;
(B) in subsection (f)(1) by inserting ‘‘as in effect on
the day before the date of enactment of the MAP–21’’
after ‘‘section 104(b)(3)(A)’’; and
(C) in subsection (l) by striking paragraphs (3) and
(4).
(7) SECTION 131.—Section 131(m) of title 23, United States
Code, is amended by striking ‘‘Subject to approval by the Secretary in accordance with the program of projects approval
process of section 105, a State’’ and inserting ‘‘A State’’.
(8) SECTION 133.—Paragraph (13) of section 133(b) of title
23, United States Code (as amended by section 1108(a)(3)),
is amended by striking ‘‘under section 303.’’
(9) SECTION 142.—Section 142 of title 23, United States
Code, is amended—
(A) in subsection (a)—
(i) in paragraph (1)—
(I) by striking ‘‘motor vehicles (other than
rail)’’ and inserting ‘‘buses’’;
(II) by striking ‘‘(hereafter in this section
referred to as ‘buses’)’’;
(III) by striking ‘‘Federal-aid systems’’ and
inserting ‘‘Federal-aid highways’’; and
(IV) by striking ‘‘Federal-aid system’’ and
inserting ‘‘Federal-aid highway’’; and
(ii) in paragraph (2)—
(I) by striking ‘‘as a project on the the surface
transportation program for’’; and
(II) by striking ‘‘section 104(b)(3)’’ and
inserting ‘‘section 104(b)(2)’’;
(B) in subsection (b) by striking ‘‘104(b)(4)’’ and
inserting ‘‘104(b)(1)’’;
(C) in subsection (c)—
(i) by striking ‘‘system’’ in each place it appears
and inserting ‘‘highway’’; and
(ii) by striking ‘‘highway facilities’’ and inserting
‘‘highways eligible under the program that is the source
of the funds’’;
(D) in subsection (e)(2) by striking ‘‘Notwithstanding
section 209(f)(1) of the Highway Revenue Act of 1956, the
Highway Trust Fund shall be available for making expenditures to meet obligations resulting from projects authorized
by subsection (a)(2) of this section and such projects’’ and
inserting ‘‘Projects authorized by subsection (a)(2)’’; and
(E) in subsection (f) by striking ‘‘exits’’ and inserting
‘‘exists’’.
(10) SECTION 145.—Section 145(b) of title 23, United States
Code, is amended by striking ‘‘section 117 of this title,’’.
(11) SECTION 218.—Section 218 of title 23, United States
Code, is amended—
(A) in subsection (a)—
(i) by striking the first two sentences;
(ii) in the third sentence—
(I) by striking ‘‘, in addition to such funds,’’;
and
(II) by striking ‘‘such highway or’’;

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126 STAT. 577

(iii) by striking the fourth sentence and fifth sentences;
(B) by striking subsection (b); and
(C) by redesignating subsection (c) as subsection (b).
(12) SECTION 610.—Section 610(d)(1)(B) of title 23, United
States Code, is amended by striking ‘‘under section 105’’.
SEC. 1520. DENALI COMMISSION.

The Denali Commission Act of 1998 (42 U.S.C. 3121 note)
is amended—
(1) in sec