[Congressional Bills 112th Congress]
[From the U.S. Government Printing Office]
[H.R. 4348 Enrolled Bill (ENR)]

        H.R.4348

                      One Hundred Twelfth Congress

                                 of the

                        United States of America


                          AT THE SECOND SESSION

          Begun and held at the City of Washington on Tuesday,
            the third day of January, two thousand and twelve


                                 An Act


 
 To authorize funds for Federal-aid highways, highway safety programs, 
              and transit programs, and for other purposes.

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

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

                      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.
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.

                       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.
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.

   DIVISION C--TRANSPORTATION SAFETY AND SURFACE TRANSPORTATION POLICY

    TITLE I--MOTOR VEHICLE AND HIGHWAY SAFETY IMPROVEMENT ACT OF 2012

Sec. 31001. Short title.
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.

    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.
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.

             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.
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

Sec. 40001. Short title.

   TITLE I--EXTENSION OF HIGHWAY TRUST FUND EXPENDITURE AUTHORITY AND 
                              RELATED TAXES

Sec. 40101. Extension of trust fund expenditure authority.
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

              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.

                           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

          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.

                    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.
    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.
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.

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

SEC. 1101. AUTHORIZATION OF APPROPRIATIONS.
    (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 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.
        (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. 
SEC. 1102. OBLIGATION CEILING.
    (a) General Limitation.--Subject to subsection (e), and 
notwithstanding any other provision of law, the obligations for 
Federal-aid 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.
    (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--
            (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 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. 
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'';
            (B) by striking subparagraph (A) and inserting the 
        following:
            ``(A) preliminary engineering, engineering, and design-
        related services directly relating to the construction of a 
        highway project, including engineering, design, project 
        development and management, construction project management and 
        inspection, surveying, mapping (including the establishment of 
        temporary and permanent geodetic control in accordance with 
        specifications of the National Oceanic and Atmospheric 
        Administration), and architectural-related services;'';
            (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:
        ``(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
                ``(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 heavy-duty 
    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.
    (a) In General.--Section 103 of title 23, United States Code, is 
amended to read as follows:
``Sec. 103. National Highway System
    ``(a) In General.--For the purposes of this title, the Federal-aid 
system is the National Highway System, which includes the Interstate 
System.
    ``(b) National Highway System.--
        ``(1) Description.--The National Highway System consists of the 
    highway routes and connections to transportation facilities that 
    shall--
            ``(A) serve major population centers, international border 
        crossings, ports, airports, public transportation facilities, 
        and other intermodal transportation facilities and other major 
        travel destinations;
            ``(B) meet national defense requirements; and
            ``(C) serve interstate and interregional travel and 
        commerce.
        ``(2) Components.--The National Highway System described in 
    paragraph (1) consists of the following:
            ``(A) The National Highway System depicted on the map 
        submitted by the Secretary of Transportation to Congress with 
        the report entitled `Pulling Together: The National Highway 
        System and its Connections to Major Intermodal Terminals' and 
        dated May 24, 1996, and modifications approved by the Secretary 
        before the date of enactment of the MAP-21.
            ``(B) Other urban and rural principal arterial routes, and 
        border crossings on those routes, that were not included on the 
        National Highway System before the date of enactment of the 
        MAP-21.
            ``(C) Other connector highways (including toll facilities) 
        that were not included in the National Highway System before 
        the date of enactment of the MAP-21 but that provide motor 
        vehicle access between arterial routes on the National Highway 
        System and a major intermodal transportation facility.
            ``(D) A strategic highway network that--
                ``(i) consists of a network of highways that are 
            important to the United States strategic defense policy, 
            that provide defense access, continuity, and emergency 
            capabilities for the movement of personnel, materials, and 
            equipment in both peacetime and wartime, and that were not 
            included on the National Highway System before the date of 
            enactment of the MAP-21;
                ``(ii) may include highways on or off the Interstate 
            System; and
                ``(iii) shall be designated by the Secretary, in 
            consultation with appropriate Federal agencies and the 
            States.
            ``(E) Major strategic highway network connectors that--
                ``(i) consist of highways that provide motor vehicle 
            access between major military installations and highways 
            that are part of the strategic highway network but were not 
            included on the National Highway System before the date of 
            enactment of the MAP-21; and
                ``(ii) shall be designated by the Secretary, in 
            consultation with appropriate Federal agencies and the 
            States.
        ``(3) Modifications to nhs.--
            ``(A) In general.--The Secretary may make any modification, 
        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 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 25-year time limitation 
            described in that clause, regardless of any earlier 
            construction completion date in the agreement.
                ``(vi) References.--No law, rule, regulation, map, 
            document, or other record of the United States, or of any 
            State or political subdivision of a State, shall refer to 
            any highway designated as a future Interstate System route 
            under this subparagraph, and no such highway shall be 
            signed or marked, as a highway on the Interstate System, 
            until such time as the highway--

                    ``(I) is constructed to the geometric and 
                construction standards for the Interstate System; and
                    ``(II) has been designated as a route on the 
                Interstate System.

            ``(C) Financial responsibility.--Except as provided in this 
        title, the designation of a highway under this paragraph shall 
        create no additional Federal financial responsibility with 
        respect to the highway.
        ``(5) Exemption of interstate system.--
            ``(A) In general.--Except as provided in subparagraph (B), 
        the Interstate System shall not be considered to be a historic 
        site under section 303 of title 49 or section 138 of this 
        title, regardless of whether the Interstate System or portions 
        or elements of the Interstate System are listed on, or eligible 
        for listing on, the National Register of Historic Places.
            ``(B) Individual elements.--Subject to subparagraph (C)--
                ``(i) the Secretary shall determine, through the 
            administrative process established for exempting the 
            Interstate System from section 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 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 ``Federal-aid 
    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 Federal-aid 
    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.
    (a) In General.--Section 104 of title 23, United States Code, is 
amended to read as follows:
``Sec. 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.
    ``(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 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.
            ``(B) Unused funds.--Any funds that are not used to carry 
        out section 134 may be made available by a metropolitan 
        planning organization to the State to fund activities under 
        section 135.
        ``(2) Distribution of amounts within states.--
            ``(A) In general.--The distribution within any State of the 
        planning funds made available to organizations under paragraph 
        (1) shall be in accordance with a formula that--
                ``(i) is developed by each State and approved by the 
            Secretary; and
                ``(ii) takes into consideration, at a minimum, 
            population, status of planning, attainment of air quality 
            standards, metropolitan area transportation needs, and 
            other factors necessary to provide for an appropriate 
            distribution of funds to carry out section 134 and other 
            applicable requirements of Federal law.
            ``(B) Reimbursement.--Not later than 15 business days after 
        the date of receipt by a State of a request for reimbursement 
        of expenditures made by a metropolitan planning organization 
        for carrying out section 134, the State shall reimburse, from 
        amounts distributed under this paragraph to the metropolitan 
        planning organization by the State, the metropolitan planning 
        organization for those expenditures.
        ``(3) Determination of population figures.--For the purpose of 
    determining population figures under this subsection, the Secretary 
    shall use the latest available data from the decennial census 
    conducted under section 141(a) of title 13, United States Code.
    ``(e) Certification of Apportionments.--
        ``(1) In general.--The Secretary shall--
            ``(A) on October 1 of each fiscal year, certify to each of 
        the State transportation departments the amount that has been 
        apportioned to the State under this section for the fiscal 
        year; and
            ``(B) to permit the States to develop adequate plans for 
        the use of amounts apportioned under this section, advise each 
        State of the amount that will be apportioned to the State under 
        this section for a fiscal year not later than 90 days before 
        the beginning of the fiscal year for which the sums to be 
        apportioned are authorized.
        ``(2) Notice to states.--If the Secretary has not made an 
    apportionment under this section for a fiscal year beginning after 
    September 30, 1998, by not later than the date that is the twenty-
    first day of that fiscal year, the Secretary shall submit, by not 
    later than that date, to the Committee on Transportation and 
    Infrastructure of the House of Representatives and the Committee on 
    Environment and Public Works of the Senate, a written statement of 
    the reason for not making the apportionment in a timely manner.
        ``(3) Apportionment calculations.--
            ``(A) In general.--The calculation of official 
        apportionments of funds to the States under this title is a 
        primary responsibility of the Department and shall be carried 
        out only by employees (and not contractors) of the Department.
            ``(B) Prohibition on use of funds to hire contractors.--
        None of the funds made available under this title shall be used 
        to hire contractors to calculate the apportionments of funds to 
        States.
    ``(f) Transfer of Highway and Transit Funds.--
        ``(1) Transfer of highway funds for transit projects.--
            ``(A) In general.--Subject to subparagraph (B), amounts 
        made available for transit projects or transportation planning 
        under this title may be transferred to and administered by the 
        Secretary in accordance with chapter 53 of title 49.
            ``(B) Non-federal share.--The provisions of this title 
        relating to the non-Federal share shall apply to the amounts 
        transferred under subparagraph (A).
        ``(2) Transfer of transit funds for highway projects.--
            ``(A) In general.--Subject to subparagraph (B), amounts 
        made available for highway projects or transportation planning 
        under chapter 53 of title 49 may be transferred to and 
        administered by the Secretary in accordance with this title.
            ``(B) Non-federal share.--The provisions of chapter 53 of 
        title 49 relating to the non-Federal share shall apply to 
        amounts transferred under subparagraph (A).
        ``(3) Transfer of funds among states or to federal highway 
    administration.--
            ``(A) In general.--Subject to subparagraph (B), the 
        Secretary may, at the request of a State, transfer amounts 
        apportioned or allocated under this title to the State to 
        another State, or to the Federal Highway Administration, for 
        the purpose of funding 1 or more projects that are eligible for 
        assistance with amounts so apportioned or allocated.
            ``(B) Apportionment.--The transfer shall have no effect on 
        any apportionment of amounts to a State under this section.
            ``(C) Funds suballocated to urbanized areas.--Amounts that 
        are apportioned or allocated to a State under subsection (b)(3) 
        (as in effect on the day before the date of enactment of the 
        MAP-21) or subsection (b)(2) and attributed to an urbanized 
        area of a State with a population of more than 200,000 
        individuals under section 133(d) may be transferred under this 
        paragraph only if the metropolitan planning organization 
        designated for the area concurs, in writing, with the transfer 
        request.
        ``(4) Transfer of obligation authority.--Obligation authority 
    for amounts transferred under this subsection shall be transferred 
    in the same manner and amount as the amounts for the projects that 
    are transferred under this section.
    ``(g) 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;
        ``(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.
    (a) In General.--Section 119 of title 23, United States Code, is 
amended to read as follows:
``Sec. 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.
            ``(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.
            ``(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 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 Interstate System 
        in the State exceeds the minimum condition level established by 
        the Secretary.
        ``(2) Condition of nhs bridges.--
            ``(A) Penalty.--If the Secretary determines that, for the 
        3-year-period preceding the date of the determination, more 
        than 10 percent of the total deck area of bridges in the State 
        on the National Highway System is located on bridges that have 
        been classified as structurally deficient, an amount equal to 
        50 percent of funds apportioned to such State for fiscal year 
        2009 to carry out section 144 (as in effect the day before 
        enactment of MAP-21) shall be set aside from amounts 
        apportioned to a State for a fiscal year under section 
        104(b)(1) only for eligible projects on bridges on the National 
        Highway System.
            ``(B) Restoration.--The set-aside requirement for bridges 
        on the National Highway System in a State under subparagraph 
        (A) for a fiscal year shall remain in effect for each 
        subsequent fiscal year until such time as less than 10 percent 
        of the total deck area of bridges in the State on the National 
        Highway System is located on bridges that have been classified 
        as structurally deficient, as determined by the Secretary.
    ``(g) Environmental Mitigation.--
        ``(1) Eligible activities.--In accordance with all applicable 
    Federal law (including regulations), environmental mitigation 
    efforts referred to in subsection (d)(2)(O) include participation 
    in natural habitat and wetlands mitigation efforts relating to 
    projects funded under this title, which may include--
            ``(A) participation in mitigation banking or other third-
        party mitigation arrangements, such as--
                ``(i) the purchase of credits from commercial 
            mitigation banks;
                ``(ii) the establishment and management of agency-
            sponsored mitigation banks; and
                ``(iii) the purchase of credits or establishment of in-
            lieu fee mitigation programs;
            ``(B) contributions to statewide and regional efforts to 
        conserve, restore, enhance, and create natural habitats and 
        wetlands; and
            ``(C) the development of statewide and regional 
        environmental protection plans, including natural habitat and 
        wetland conservation and restoration plans.
        ``(2) Inclusion of other activities.--The banks, efforts, and 
    plans described in paragraph (1) include any such banks, efforts, 
    and plans developed in accordance with applicable law (including 
    regulations).
        ``(3) Terms and conditions.--The following terms and conditions 
    apply to natural habitat and wetlands mitigation efforts under this 
    subsection:
            ``(A) Contributions to the mitigation effort may--
                ``(i) take place concurrent with, or in advance of, 
            commitment of funding under this title to a project or 
            projects; and
                ``(ii) occur in advance of project construction only if 
            the efforts are consistent with all applicable requirements 
            of Federal law (including regulations) and State 
            transportation planning processes.
            ``(B) Credits from any agency-sponsored mitigation bank 
        that are attributable to funding under this section may be used 
        only for projects funded under this title, unless the agency 
        pays to the Secretary an amount equal to the Federal funds 
        attributable to the mitigation bank credits the agency uses for 
        purposes other than mitigation of a project funded under this 
        title.
        ``(4) Preference.--At the discretion of the project sponsor, 
    preference shall be given, to the maximum extent practicable, to 
    mitigating an environmental impact through the use of a mitigation 
    bank, in-lieu fee, or other third-party mitigation arrangement, if 
    the use of credits from the mitigation bank or in-lieu fee, or the 
    other third-party mitigation arrangement for the project, is 
    approved by the applicable Federal agency.''.
    (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:

``119. National highway performance program.''.
SEC. 1107. EMERGENCY RELIEF.
    Section 125 of title 23, United States Code, is amended to read as 
follows:
``Sec. 125. Emergency relief
    ``(a) In General.--Subject to this section and section 120, an 
emergency fund is authorized for expenditure by the Secretary for the 
repair or reconstruction of highways, roads, and trails, in any area of 
the United States, including Indian reservations, that the Secretary 
finds have suffered serious damage as a result of--
        ``(1) a natural disaster over a wide area, such as by a flood, 
    hurricane, tidal wave, earthquake, severe storm, or landslide; or
        ``(2) catastrophic failure from any external cause.
    ``(b) Restriction on Eligibility.--
        ``(1) Definition of construction phase.--In this subsection, 
    the term `construction phase' means the phase of physical 
    construction of a highway or bridge facility that is separate from 
    any other identified phases, such as planning, design, or right-of-
    way phases, in the State transportation improvement program.
        ``(2) Restriction.--In no case shall funds be used under this 
    section for the repair or reconstruction of a bridge--
            ``(A) that has been permanently closed to all vehicular 
        traffic by the State or responsible local official because of 
        imminent danger of collapse due to a structural deficiency or 
        physical deterioration; or
            ``(B) if a construction phase of a replacement structure is 
        included in the approved Statewide transportation improvement 
        program at the time of an event described in subsection (a).
    ``(c) Funding.--
        ``(1) In general.--Subject to the limitations described in 
    paragraph (2), there are authorized to be appropriated from the 
    Highway Trust Fund (other than the Mass Transit Account) such sums 
    as are necessary to establish the fund authorized by this section 
    and to replenish that fund on an annual basis.
        ``(2) Limitations.--The limitations referred to in paragraph 
    (1) are that--
            ``(A) not more than $100,000,000 is authorized to be 
        obligated in any 1 fiscal year commencing after September 30, 
        1980, to carry out this section, except that, if for any fiscal 
        year the total of all obligations under this section is less 
        than the amount authorized to be obligated for the fiscal year, 
        the unobligated balance of that amount shall--
                ``(i) remain available until expended; and
                ``(ii) be in addition to amounts otherwise available to 
            carry out this section for each year; and
            ``(B)(i) pending such appropriation or replenishment, the 
        Secretary may obligate from any funds appropriated at any time 
        for obligation in accordance with this title, including 
        existing Federal-aid appropriations, such sums as are necessary 
        for the immediate prosecution of the work herein authorized; 
        and
            ``(ii) funds obligated under this subparagraph shall be 
        reimbursed from the appropriation or replenishment.
    ``(d) Eligibility.--
        ``(1) In general.--The Secretary may expend funds from the 
    emergency fund authorized by this section only for the repair or 
    reconstruction of highways on Federal-aid highways in accordance 
    with this chapter, except that--
            ``(A) no funds shall be so expended unless an emergency has 
        been declared by the Governor of the State with concurrence by 
        the Secretary, unless the President has declared the emergency 
        to be a major disaster for the purposes of the Robert T. 
        Stafford Disaster Relief and Emergency Assistance Act (42 
        U.S.C. 5121 et seq.) for which concurrence of the Secretary is 
        not required; and
            ``(B) the Secretary has received an application from the 
        State transportation department that includes a comprehensive 
        list of all eligible project sites and repair costs by not 
        later than 2 years after the natural disaster or catastrophic 
        failure.
        ``(2) Cost limitation.--
            ``(A) Definition of comparable facility.--In this 
        paragraph, the term `comparable facility' means a facility that 
        meets the current geometric and construction standards required 
        for the types and volume of traffic that the facility will 
        carry over its design life.
            ``(B) Limitation.--The total cost of a project funded under 
        this section may not exceed the cost of repair or 
        reconstruction of a comparable facility.
        ``(3) Debris removal.--The costs of debris removal shall be an 
    eligible expense under this section only for--
            ``(A) an event not declared a major disaster or emergency 
        by the President under the Robert T. Stafford Disaster Relief 
        and Emergency Assistance Act (42 U.S.C. 5121 et seq.); 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)--
                ``(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.''.
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 
    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 
        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 cost-
        effective, 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 Federal-aid 
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 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 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),''.
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
            (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.
    (a) In General.--Section 144 of title 23, United States Code, is 
amended to read as follows:
``Sec. 144. National bridge and tunnel inventory and inspection 
   standards
    ``(a) Findings and Declarations.--
        ``(1) Findings.--Congress finds that--
            ``(A) the condition of the bridges of the United States has 
        improved since the date of enactment of the Transportation 
        Equity Act for the 21st Century (Public Law 105-178; 112 Stat. 
        107), yet continued improvement to bridge conditions is 
        essential to protect the safety of the traveling public and 
        allow for the efficient movement of people and goods on which 
        the economy of the United States relies; and
            ``(B) the systematic preventative maintenance of bridges, 
        and replacement and rehabilitation of deficient bridges, should 
        be undertaken through an overall asset management approach to 
        transportation investment.
        ``(2) Declarations.--Congress declares that it is in the vital 
    interest of the United States--
            ``(A) to inventory, inspect, and improve the condition of 
        the highway bridges and tunnels of the United States;
            ``(B) to use a data-driven, risk-based approach and cost-
        effective strategy for systematic preventative maintenance, 
        replacement, and rehabilitation of highway bridges and tunnels 
        to ensure safety and extended service life;
            ``(C) to use performance-based bridge management systems to 
        assist States in making timely investments;
            ``(D) to ensure accountability and link performance 
        outcomes to investment decisions; and
            ``(E) to ensure connectivity and access for residents of 
        rural areas of the United States through strategic investments 
        in National Highway System bridges and bridges on all public 
        roads.
    ``(b) National Bridge and Tunnel Inventories.--The Secretary, in 
consultation with the States and Federal agencies with jurisdiction 
over highway bridges and tunnels, shall--
        ``(1) inventory all highway bridges on public roads, on and off 
    Federal-aid highways, including tribally owned and Federally owned 
    bridges, that are bridges over waterways, other topographical 
    barriers, other highways, and railroads;
        ``(2) inventory all tunnels on public roads, on and off 
    Federal-aid highways, including tribally owned and Federally owned 
    tunnels;
        ``(3) classify the bridges according to serviceability, safety, 
    and essentiality for public use, including the potential impacts to 
    emergency evacuation routes and to regional and national freight 
    and passenger mobility if the serviceability of the bridge is 
    restricted or diminished;
        ``(4) based on that classification, assign each a risk-based 
    priority for systematic preventative maintenance, replacement, or 
    rehabilitation; and
        ``(5) determine the cost of replacing each structurally 
    deficient bridge identified under this subsection with a comparable 
    facility or the cost of rehabilitating the bridge.
    ``(c) General Bridge Authority.--
        ``(1) In general.--Except as provided in paragraph (2) and 
    notwithstanding any other provision of law, the General Bridge Act 
    of 1946 (33 U.S.C. 525 et seq.) shall apply to bridges authorized 
    to be replaced, in whole or in part, by this title.
        ``(2) Exception.--Section 502(b) of the General Bridge Act of 
    1946 (33 U.S.C. 525(b)) and section 9 of the Act of March 3, 1899 
    (33 U.S.C. 401), shall not apply to any bridge constructed, 
    reconstructed, rehabilitated, or replaced with assistance under 
    this title, if the bridge is over waters that--
            ``(A) are not used and are not susceptible to use in the 
        natural condition of the 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 title, but the 
    amount of such assistance shall in no event exceed the cumulative 
    amount which such agency has expended for capital and operating 
    costs to subsidize such transit system.
        ``(2) Insufficient assets.--Before authorizing an expenditure 
    of funds under this subsection, the Secretary shall determine that 
    the applicant agency has insufficient reserves, surpluses, and 
    projected revenues (over and above those required for bridge and 
    transit capital and operating costs) to fund the bridge project or 
    activity eligible for assistance under this title.
        ``(3) Crediting of non-federal funds.--Any non-Federal funds 
    expended for the seismic retrofit of the bridge may be credited 
    toward the non-Federal share required as a condition of receipt of 
    any Federal funds for seismic retrofit of the bridge made available 
    after the date of the expenditure.
    ``(f) Replacement of Destroyed Bridges and Ferry Boat Service.--
        ``(1) In general.--Notwithstanding any other provision of law, 
    a State may use the funds apportioned under section 104(b)(2) to 
    construct any bridge that replaces--
            ``(A) any low water crossing (regardless of the length of 
        the low water crossing);
            ``(B) any bridge that was destroyed prior to January 1, 
        1965;
            ``(C) any ferry that was in existence on January 1, 1984; 
        or
            ``(D) any road bridge that is rendered obsolete as a result 
        of a Corps of Engineers flood control or channelization project 
        and is not rebuilt with funds from the Corps of Engineers.
        ``(2) Federal share.--The Federal share payable on any bridge 
    construction carried out under paragraph (1) shall be 80 percent of 
    the cost of the construction.
    ``(g) Historic Bridges.--
        ``(1) Definition of historic bridge.--In this subsection, the 
    term `historic bridge' means any bridge that is listed on, or 
    eligible for listing on, the National Register of Historic Places.
        ``(2) Coordination.--The Secretary shall, in cooperation with 
    the States, encourage the retention, rehabilitation, adaptive 
    reuse, and future study of historic bridges.
        ``(3) State inventory.--The Secretary shall require each State 
    to complete an inventory of all bridges on and off Federal-aid 
    highways to determine the historic significance of the bridges.
        ``(4) Eligibility.--
            ``(A) In general.--Subject to subparagraph (B), reasonable 
        costs associated with actions to preserve, or reduce the impact 
        of a project under this chapter on, the historic integrity of a 
        historic bridge shall be eligible as reimbursable project costs 
        under section 133 if the load capacity and safety features of 
        the historic bridge are adequate to serve the intended use for 
        the life of the historic bridge.
            ``(B) Bridges not used for vehicle traffic.--In the case of 
        a historic bridge that is no longer used for motorized 
        vehicular traffic, the costs eligible as reimbursable project 
        costs pursuant to this chapter shall not exceed the estimated 
        cost of demolition of the historic bridge.
        ``(5) Preservation.--Any State that proposes to demolish a 
    historic bridge for a replacement project with funds made available 
    to carry out this section shall first make the historic bridge 
    available for donation to a State, locality, or responsible private 
    entity if the State, locality, or responsible entity enters into an 
    agreement--
            ``(A) to maintain the bridge and the features that give the 
        historic bridge its historic significance; and
            ``(B) to assume all future legal and financial 
        responsibility for the historic bridge, which may include an 
        agreement to hold the State transportation department harmless 
        in any liability action.
        ``(6) Costs incurred.--
            ``(A) In general.--Costs incurred by the State to preserve 
        a historic bridge (including funds made available to the State, 
        locality, or private entity to enable it to accept the bridge) 
        shall be eligible as reimbursable project costs under this 
        chapter in an amount not to exceed the cost of demolition.
            ``(B) Additional funding.--Any bridge preserved pursuant to 
        this paragraph shall not be eligible for any other funds 
        authorized pursuant to this title.
    ``(h) National Bridge and Tunnel Inspection Standards.--
        ``(1) Requirement.--
            ``(A) In general.--The Secretary shall establish and 
        maintain inspection standards for the proper inspection and 
        evaluation of all highway bridges and tunnels for safety and 
        serviceability.
            ``(B) Uniformity.--The standards under this subsection 
        shall be designed to ensure uniformity of the inspections and 
        evaluations.
        ``(2) Minimum requirements of inspection standards.--The 
    standards established under paragraph (1) shall, at a minimum--
            ``(A) specify, in detail, the method by which the 
        inspections shall be carried out by the States, Federal 
        agencies, and tribal governments;
            ``(B) establish the maximum time period between 
        inspections;
            ``(C) establish the qualifications for those charged with 
        carrying out the inspections;
            ``(D) require each State, Federal agency, and tribal 
        government to maintain and make available to the Secretary on 
        request--
                ``(i) written reports on the results of highway bridge 
            and tunnel inspections and notations of any action taken 
            pursuant to the findings of the inspections; and
                ``(ii) current inventory data for all highway bridges 
            and tunnels reflecting the findings of the most recent 
            highway bridge and tunnel inspections conducted; and
            ``(E) establish a procedure for national certification of 
        highway bridge inspectors and tunnel inspectors.
        ``(3) State compliance with inspection standards.--The 
    Secretary shall, at a minimum--
            ``(A) establish, in consultation with the States, Federal 
        agencies, and interested and knowledgeable private 
        organizations and individuals, procedures to conduct reviews of 
        State compliance with--
                ``(i) the standards established under this subsection; 
            and
                ``(ii) the calculation or reevaluation of bridge load 
            ratings; and
            ``(B) establish, in consultation with the States, Federal 
        agencies, and interested and knowledgeable private 
        organizations and individuals, procedures for States to follow 
        in reporting to the Secretary--
                ``(i) critical findings relating to structural or 
            safety-related deficiencies of highway bridges and tunnels; 
            and
                ``(ii) monitoring activities and corrective actions 
            taken in response to a critical finding described in clause 
            (i).
        ``(4) Reviews of state compliance.--
            ``(A) In general.--The Secretary shall annually review 
        State compliance with the standards established under this 
        section.
            ``(B) Noncompliance.--If an annual review in accordance 
        with subparagraph (A) identifies noncompliance by a State, the 
        Secretary shall--
                ``(i) issue a report detailing the issues of the 
            noncompliance by December 31 of the calendar year in which 
            the review was made; and
                ``(ii) provide the State an opportunity to address the 
            noncompliance by--

                    ``(I) developing a corrective action plan to remedy 
                the noncompliance; or
                    ``(II) resolving the issues of noncompliance not 
                later than 45 days after the date of notification.

        ``(5) Penalty for noncompliance.--
            ``(A) In general.--If a State fails to satisfy the 
        requirements of paragraph (4)(B) by August 1 of the calendar 
        year following the year of a finding of noncompliance, the 
        Secretary shall, on October 1 of that year, and each year 
        thereafter as may be necessary, require the State to dedicate 
        funds apportioned to the State under sections 119 and 133 after 
        the date of enactment of the MAP-21 to correct the 
        noncompliance with the minimum inspection standards established 
        under this subsection.
            ``(B) Amount.--The amount of the funds to be directed to 
        correcting noncompliance in accordance with subparagraph (A) 
        shall--
                ``(i) be determined by the State based on an analysis 
            of the actions needed to address the noncompliance; and
                ``(ii) require approval by the Secretary.
        ``(6) Update of standards.--Not later than 3 years after the 
    date of enactment of the MAP-21, the Secretary shall update 
    inspection standards to cover--
            ``(A) the methodology, training, and qualifications for 
        inspectors; and
            ``(B) the frequency of inspection.
        ``(7) Risk-based approach.--In carrying out the revisions 
    required by paragraph (6), the Secretary shall consider a risk-
    based approach to determining the frequency of bridge inspections.
    ``(i) Training Program for Bridge and Tunnel Inspectors.--
        ``(1) In general.--The Secretary, in cooperation with the State 
    transportation departments, shall maintain a program designed to 
    train appropriate personnel to carry out highway bridge and tunnel 
    inspections.
        ``(2) Revisions.--The training program shall be revised from 
    time to time to take into account new and improved techniques.
    ``(j) 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.
    (a) In General.--Section 148 of title 23, United States Code, is 
amended to read as follows:
``Sec. 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.
                ``(ii) Pavement and shoulder widening (including 
            addition of a passing lane to remedy an unsafe condition).
                ``(iii) Installation of rumble strips or another 
            warning device, if the rumble strips or other warning 
            devices do not adversely affect the safety or mobility of 
            bicyclists and pedestrians, including persons with 
            disabilities.
                ``(iv) Installation of a skid-resistant surface at an 
            intersection or other location with a high frequency of 
            crashes.
                ``(v) An improvement for pedestrian or bicyclist safety 
            or safety of persons with disabilities.
                ``(vi) Construction and improvement of a railway-
            highway grade crossing safety feature, including 
            installation of protective devices.
                ``(vii) The conduct of a model traffic enforcement 
            activity at a railway-highway crossing.
                ``(viii) Construction of a traffic calming feature.
                ``(ix) Elimination of a roadside hazard.
                ``(x) Installation, replacement, and other improvement 
            of highway signage and pavement markings, or a project to 
            maintain minimum levels of retroreflectivity, that 
            addresses a highway safety problem consistent with a State 
            strategic highway safety plan.
                ``(xi) Installation of a priority control system for 
            emergency vehicles at signalized intersections.
                ``(xii) Installation of a traffic control or other 
            warning device at a location with high crash potential.
                ``(xiii) Transportation safety planning.
                ``(xiv) Collection, analysis, and improvement of safety 
            data.
                ``(xv) Planning integrated interoperable emergency 
            communications equipment, operational activities, or 
            traffic enforcement activities (including police 
            assistance) relating to work zone safety.
                ``(xvi) Installation of guardrails, barriers (including 
            barriers between construction work zones and traffic lanes 
            for the safety of road users and workers), and crash 
            attenuators.
                ``(xvii) The addition or retrofitting of structures or 
            other measures to eliminate or reduce crashes involving 
            vehicles and wildlife.
                ``(xviii) Installation of yellow-green signs and 
            signals at pedestrian and bicycle crossings and in school 
            zones.
                ``(xix) Construction and operational improvements on 
            high risk rural roads.
                ``(xx) Geometric improvements to a road for safety 
            purposes that improve safety.
                ``(xxi) A road safety audit.
                ``(xxii) Roadway safety infrastructure improvements 
            consistent with the recommendations included in the 
            publication of the Federal Highway Administration entitled 
            `Highway Design Handbook for Older Drivers and Pedestrians' 
            (FHWA-RD-01-103), dated May 2001 or as subsequently revised 
            and updated.
                ``(xxiii) Truck parking facilities eligible for funding 
            under section 1401 of the MAP-21.
                ``(xxiv) Systemic safety improvements.
        ``(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;
                ``(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);
            ``(B) produces a program of projects or strategies to 
        reduce identified safety problems; and
            ``(C) evaluates the strategic highway safety plan on a 
        regularly recurring basis in accordance with subsection (d)(1) 
        to ensure the accuracy of the data and priority of proposed 
        strategies.
        ``(2) Identification and analysis of highway safety problems 
    and opportunities.--As part of the State highway safety improvement 
    program, a State shall--
            ``(A) have in place a safety data system with the ability 
        to perform safety problem identification and countermeasure 
        analysis--
                ``(i) to improve the timeliness, accuracy, 
            completeness, uniformity, integration, and accessibility of 
            the safety data on all public roads, including non-State-
            owned public roads and roads on tribal land in the State;
                ``(ii) to evaluate the effectiveness of data 
            improvement efforts;
                ``(iii) to link State data systems, including traffic 
            records, with other data systems within the State;
                ``(iv) to improve the compatibility and 
            interoperability of safety data with other State 
            transportation-related data systems and the compatibility 
            and interoperability of State safety data systems with data 
            systems of other States and national data systems;
                ``(v) to enhance the ability of the Secretary to 
            observe and analyze national trends in crash occurrences, 
            rates, outcomes, and circumstances; and
                ``(vi) to improve the collection of data on 
            nonmotorized crashes;
            ``(B) based on the analysis required by subparagraph (A)--
                ``(i) identify hazardous locations, sections, and 
            elements (including roadside obstacles, railway-highway 
            crossing needs, and unmarked or poorly marked roads) that 
            constitute a danger to motorists (including motorcyclists), 
            bicyclists, pedestrians, and other highway users;
                ``(ii) using such criteria as the State determines to 
            be appropriate, establish the relative severity of those 
            locations, in terms of crashes (including crash rates), 
            fatalities, serious injuries, traffic volume levels, and 
            other relevant data;
                ``(iii) identify the number of fatalities and serious 
            injuries on all public roads by location in the State;
                ``(iv) identify highway safety improvement projects on 
            the basis of crash experience, crash potential, crash rate, 
            or other data-supported means; and
                ``(v) consider which projects maximize opportunities to 
            advance safety;
            ``(C) adopt strategic and performance-based goals that--
                ``(i) address traffic safety, including behavioral and 
            infrastructure problems and opportunities on all public 
            roads;
                ``(ii) focus resources on areas of greatest need; and
                ``(iii) are coordinated with other State highway safety 
            programs;
            ``(D) advance the capabilities of the State for safety data 
        collection, analysis, and integration in a manner that--
                ``(i) complements the State highway safety program 
            under chapter 4 and the commercial vehicle safety plan 
            under section 31102 of title 49;
                ``(ii) includes all public roads, including public non-
            State-owned roads and roads on tribal land;
                ``(iii) identifies hazardous locations, sections, and 
            elements on all public roads that constitute a danger to 
            motorists (including motorcyclists), bicyclists, 
            pedestrians, persons with disabilities, and other highway 
            users;
                ``(iv) includes a means of identifying the relative 
            severity of hazardous locations described in clause (iii) 
            in terms of crashes (including crash rate), serious 
            injuries, fatalities, and traffic volume levels; and
                ``(v) improves the ability of the State to identify the 
            number of fatalities and serious injuries on all public 
            roads in the State with a breakdown by functional 
            classification and ownership in the State;
            ``(E)(i) determine priorities for the correction of 
        hazardous road locations, sections, and elements (including 
        railway-highway crossing improvements), as identified through 
        safety data analysis;
            ``(ii) identify opportunities for preventing the 
        development of such hazardous conditions; and
            ``(iii) establish and implement a schedule of highway 
        safety improvement projects for hazard correction and hazard 
        prevention; and
            ``(F)(i) establish an evaluation process to analyze and 
        assess results achieved by highway safety improvement projects 
        carried out in accordance with procedures and criteria 
        established by this section; and
            ``(ii) use the information obtained under clause (i) in 
        setting priorities for highway safety improvement projects.
    ``(d) Updates to Strategic Highway Safety Plans.--
        ``(1) Establishment of requirements.--
            ``(A) In general.--Not later than 1 year after the date of 
        enactment of the MAP-21, the Secretary shall establish 
        requirements for regularly recurring State updates of strategic 
        highway safety plans.
            ``(B) Contents of updated strategic highway safety plans.--
        In establishing requirements under this subsection, the 
        Secretary shall ensure that States take into consideration, 
        with respect to updated strategic highway safety plans--
                ``(i) the findings of road safety audits;
                ``(ii) the locations of fatalities and serious 
            injuries;
                ``(iii) the locations that do not have an empirical 
            history of fatalities and serious injuries, but possess 
            risk factors for potential crashes;
                ``(iv) rural roads, including all public roads, 
            commensurate with fatality data;
                ``(v) motor vehicle crashes that include fatalities or 
            serious injuries to pedestrians and bicyclists;
                ``(vi) the cost-effectiveness of improvements;
                ``(vii) improvements to rail-highway grade crossings; 
            and
                ``(viii) safety on all public roads, including non-
            State-owned public roads and roads on tribal land.
        ``(2) Approval of updated strategic highway safety plans.--
            ``(A) In general.--Each State shall--
                ``(i) update the strategic highway safety plans of the 
            State in accordance with the requirements established by 
            the Secretary under this subsection; and
                ``(ii) submit the updated plans to the Secretary, along 
            with a detailed description of the process used to update 
            the plan.
            ``(B) Requirements for approval.--The Secretary shall not 
        approve the process for an updated strategic highway safety 
        plan unless--
                ``(i) the updated strategic highway safety plan is 
            consistent with the requirements of this subsection and 
            subsection (a)(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.--
        ``(1) Definition of data improvement activities.--In this 
    subsection, the following definitions apply:
            ``(A) In general.--The term `data improvement activities' 
        means a project or activity to further the capacity of a State 
        to make more informed and effective safety infrastructure 
        investment decisions.
            ``(B) Inclusions.--The term `data improvement activities' 
        includes a project or activity--
                ``(i) to create, update, or enhance a highway basemap 
            of all public roads in a State;
                ``(ii) to collect safety data, including data 
            identified as part of the model inventory for roadway 
            elements, for creation of or use on a highway basemap of 
            all public roads in a State;
                ``(iii) to store and maintain safety data in an 
            electronic manner;
                ``(iv) to develop analytical processes for safety data 
            elements;
                ``(v) to acquire and implement roadway safety analysis 
            tools; and
                ``(vi) to support the collection, maintenance, and 
            sharing of safety data on all public roads and related 
            systems associated with the analytical usage of that data.
        ``(2) Model inventory of roadway elements.--The Secretary 
    shall--
            ``(A) establish a subset of the model inventory of roadway 
        elements that are useful for the inventory of roadway safety; 
        and
            ``(B) ensure that States adopt and use the subset to 
        improve data collection.
    ``(g) Special Rules.--
        ``(1) High-risk rural road safety.--If the fatality rate on 
    rural roads in a State increases over the most recent 2-year period 
    for which data are available, that State shall be required to 
    obligate in the next fiscal year for projects on high risk rural 
    roads an amount equal to at least 200 percent of the amount of 
    funds the State received for fiscal year 2009 for high risk rural 
    roads under subsection (f) of this section, as in effect on the day 
    before the date of enactment of the MAP-21.
        ``(2) Older drivers.--If traffic fatalities and serious 
    injuries per capita for drivers and pedestrians over the age of 65 
    in a State increases during the most recent 2-year period for which 
    data are available, that State shall be required to include, in the 
    subsequent Strategic Highway Safety Plan of the State, strategies 
    to address the increases in those rates, taking into account the 
    recommendations included in the publication of the Federal Highway 
    Administration entitled `Highway Design Handbook for Older Drivers 
    and Pedestrians' (FHWA-RD-01-103), and dated May 2001, or as 
    subsequently revised and updated.
    ``(h) Reports.--
        ``(1) In general.--A State shall submit to the Secretary a 
    report that--
            ``(A) describes progress being made to implement highway 
        safety improvement projects under this section;
            ``(B) assesses the effectiveness of those improvements; and
            ``(C) describes the extent to which the improvements funded 
        under this section have contributed to reducing--
                ``(i) the number and rate of fatalities on all public 
            roads with, to the maximum extent practicable, a breakdown 
            by functional classification and ownership in the State;
                ``(ii) the number and rate of serious injuries on all 
            public roads with, to the maximum extent practicable, a 
            breakdown by functional classification and ownership in the 
            State; and
                ``(iii) the occurrences of fatalities and serious 
            injuries at railway-highway crossings.
        ``(2) Contents; schedule.--The Secretary shall establish the 
    content and schedule for the submission of the report under 
    paragraph (1).
        ``(3) Transparency.--The Secretary shall make strategic highway 
    safety plans submitted under subsection (d) and reports submitted 
    under this subsection available to the public through--
            ``(A) the website of the Department; and
            ``(B) such other means as the Secretary determines to be 
        appropriate.
        ``(4) Discovery and admission into evidence of certain reports, 
    surveys, and information.--Notwithstanding any other provision of 
    law, reports, surveys, schedules, lists, or data compiled or 
    collected for any purpose relating to this section, shall not be 
    subject to discovery or admitted into evidence in a Federal or 
    State court proceeding or considered for other purposes in any 
    action for damages arising from any occurrence at a location 
    identified or addressed in the reports, surveys, schedules, lists, 
    or other data.
    ``(i) State Performance Targets.--If the Secretary determines that 
a State has not met or made significant progress toward meeting the 
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;
            ``(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 cost-effective 
            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 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 cost-
        effective 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.
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-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 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 cost-effectiveness of 
        a range of project types eligible for funding under this 
        section as to how the projects mitigate congestion and improve 
        air quality.
            ``(B) Contents.--The table described in subparagraph (A) 
        shall show measures of cost-effectiveness, such as dollars per 
        ton of emissions reduced, and assess those measures over a 
        variety of timeframes to capture impacts on the planning 
        timeframes outlined in section 134.
            ``(C) Use of table.--States and metropolitan planning 
        organizations shall consider the information in the table when 
        selecting projects or developing performance plans under 
        subsection (l).
    ``(j) Optional Programmatic Eligibility.--
        ``(1) In general.--At the discretion of a metropolitan planning 
    organization, a technical assessment of a selected program of 
    projects may be conducted through modeling or other means to 
    demonstrate the emissions reduction projection required under this 
    section.
        ``(2) Applicability.--If an assessment described in paragraph 
    (1) successfully demonstrates an emissions reduction, all projects 
    included in such assessment shall be eligible for obligation under 
    this section without further demonstration of emissions reduction 
    of individual projects included in such assessment.
    ``(k) Priority for Use of Funds in PM2.5 Areas.--
        ``(1) In general.--For any State that has a nonattainment or 
    maintenance area for fine particulate matter, an amount equal to 25 
    percent of the funds apportioned to each State under section 
    104(b)(4) for a nonattainment or maintenance area that are based 
    all or in part on the weighted population of such area in fine 
    particulate matter nonattainment shall be obligated to projects 
    that reduce such fine particulate matter emissions in such area, 
    including diesel retrofits.
        ``(2) Construction equipment and vehicles.--In order to meet 
    the requirements of paragraph (1), a State or metropolitan planning 
    organization may elect to obligate funds to install diesel emission 
    control technology on nonroad diesel equipment or on-road diesel 
    equipment that is operated on a highway construction project within 
    a PM2.5 nonattainment or maintenance area.
    ``(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 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 peer-reviewed 
        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.
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:
``Sec. 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.
    ``(c) Territorial Highway Program.--
        ``(1) Territory defined.--In this subsection, the term 
    `territory' means any of the following territories of the United 
    States:
            ``(A) American Samoa.
            ``(B) The Commonwealth of the Northern Mariana Islands.
            ``(C) Guam.
            ``(D) The United States Virgin Islands.
        ``(2) Program.--
            ``(A) In general.--Recognizing the mutual benefits that 
        will accrue to the territories and the United States from the 
        improvement of highways in the territories, the Secretary may 
        carry out a program to assist each government of a territory in 
        the construction and improvement of a system of arterial and 
        collector highways, and necessary inter-island connectors, that 
        is--
                ``(i) designated by the Governor or chief executive 
            officer of each territory; and
                ``(ii) approved by the Secretary.
            ``(B) Federal share.--The Federal share of Federal 
        financial assistance provided to territories under this 
        subsection shall be in accordance with section 120(g).
        ``(3) Technical assistance.--
            ``(A) In general.--To continue a long-range highway 
        development program, the Secretary may provide technical 
        assistance to the governments of the territories to enable the 
        territories, on a continuing basis--
                ``(i) to engage in highway planning;
                ``(ii) to conduct environmental evaluations;
                ``(iii) to administer right-of-way acquisition and 
            relocation assistance programs; and
                ``(iv) to design, construct, operate, and maintain a 
            system of arterial and collector highways, including 
            necessary inter-island connectors.
            ``(B) Form and terms of assistance.--Technical assistance 
        provided under subparagraph (A), and the terms for the sharing 
        of information among territories receiving the technical 
        assistance, shall be included in the agreement required by 
        paragraph (5).
        ``(4) Nonapplicability of certain provisions.--
            ``(A) In general.--Except to the extent that provisions of 
        this chapter are determined by the Secretary to be inconsistent 
        with the needs of the territories and the intent of this 
        subsection, this chapter (other than provisions of this chapter 
        relating to the apportionment and allocation of funds) shall 
        apply to funds made available under this subsection.
            ``(B) Applicable provisions.--The agreement required by 
        paragraph (5) for each territory shall identify the sections of 
        this chapter that are applicable to that territory and the 
        extent of the applicability of those sections.
        ``(5) Agreement.--
            ``(A) In general.--Except as provided in subparagraph (D), 
        none of the funds made available under this subsection shall be 
        available for obligation or expenditure with respect to any 
        territory until the chief executive officer of the territory 
        has entered into an agreement (including an agreement entered 
        into under section 215 as in effect on the day before the 
        enactment of this section) with the Secretary providing that 
        the government of the territory shall--
                ``(i) implement the program in accordance with 
            applicable provisions of this chapter and paragraph (4);
                ``(ii) design and construct a system of arterial and 
            collector highways, including necessary inter-island 
            connectors, in accordance with standards that are--

                    ``(I) appropriate for each territory; and
                    ``(II) approved by the Secretary;

                ``(iii) provide for the maintenance of facilities 
            constructed or operated under this subsection in a 
            condition to adequately serve the needs of present and 
            future traffic; and
                ``(iv) implement standards for traffic operations and 
            uniform traffic control devices that are approved by the 
            Secretary.
            ``(B) Technical assistance.--The agreement required by 
        subparagraph (A) shall--
                ``(i) specify the kind of technical assistance to be 
            provided under the program;
                ``(ii) include appropriate provisions regarding 
            information sharing among the territories; and
                ``(iii) delineate the oversight role and 
            responsibilities of the territories and the Secretary.
            ``(C) Review and revision of agreement.--The agreement 
        entered into under subparagraph (A) shall be reevaluated and, 
        as necessary, revised, at least every 2 years.
            ``(D) Existing agreements.--With respect to an agreement 
        under this subsection or an agreement entered into under 
        section 215 of this title as in effect on the day before the 
        date of enactment of this subsection--
                ``(i) the agreement shall continue in force until 
            replaced by an agreement entered into in accordance with 
            subparagraph (A); and
                ``(ii) amounts made available under this subsection 
            under the existing agreement shall be available for 
            obligation or expenditure so long as the agreement, or the 
            existing agreement entered into under subparagraph (A), is 
            in effect.
        ``(6) Eligible uses of funds.--
            ``(A) In general.--Funds made available under this 
        subsection may be used only for the following projects and 
        activities carried out in a territory:
                ``(i) Eligible surface transportation program projects 
            described in section 133(b).
                ``(ii) Cost-effective, preventive maintenance 
            consistent with section 116(e).
                ``(iii) Ferry boats, terminal facilities, and 
            approaches, in accordance with subsections (b) and (c) of 
            section 129.
                ``(iv) Engineering and economic surveys and 
            investigations for the planning, and the financing, of 
            future highway programs.
                ``(v) Studies of the economy, safety, and convenience 
            of highway use.
                ``(vi) The regulation and equitable taxation of highway 
            use.
                ``(vii) Such research and development as are necessary 
            in connection with the planning, design, and maintenance of 
            the highway system.
            ``(B) Prohibition on use of funds for routine 
        maintenance.--None of the funds made available under this 
        subsection shall be obligated or expended for routine 
        maintenance.
        ``(7) Location of projects.--Territorial highway program 
    projects (other than those described in paragraphs (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.
    (a) In General.--Chapter 1 of title 23, United States Code, is 
amended by adding at the end the following:
``Sec. 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;
        ``(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;
                ``(vii) population centers; and
                ``(viii) network connectivity.
        ``(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 
        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.
        ``(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:

``167. National freight program.''.
SEC. 1116. PRIORITIZATION OF PROJECTS TO IMPROVE FREIGHT MOVEMENT.
    (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.
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 
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.
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.
    (a) In General.--Chapter 2 of title 23, United States Code, is 
amended by striking sections 201 through 204 and inserting the 
following:
``Sec. 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 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--
                ``(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--
                ``(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.
``Sec. 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--
                ``(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;
            ``(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
                ``(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.--
            ``(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.
        ``(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 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 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.
        ``(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.
            ``(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 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--
            ``(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 anti-icing and 
        deicing composition; or
            ``(B) to implement any countermeasure for deficient tribal 
        transportation facility bridges, including multiple-pipe 
        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.
``Sec. 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;
                ``(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.--
        ``(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.
                ``(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.
``Sec. 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.
        ``(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--

                    ``(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:

``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.
        (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.
    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:
    ``(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 non-
        Federal 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.''.
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:
    ``(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:
``Sec. 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--
            ``(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 
        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 MAP-21, 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.''.
    (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''.
SEC. 1123. TRIBAL HIGH PRIORITY PROJECTS PROGRAM.
    (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--
                (i) the ranking criteria identified in paragraph (3); 
            or
                (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.
        (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;
        (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.
    (a) In General.--Section 134 of title 23, United States Code, is 
amended to read as follows:
``Sec. 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 by the 
    planning factors identified in subsection (h) and section 135(d).
    ``(b) Definitions.--In this section and section 135, the following 
definitions apply:
        ``(1) Metropolitan planning area.--The term `metropolitan 
    planning area' means the geographic area determined by agreement 
    between the metropolitan planning organization for the area and the 
    Governor under subsection (e).
        ``(2) Metropolitan planning organization.--The term 
    `metropolitan planning organization' means the policy board of an 
    organization established as a result of the designation process 
    under subsection (d).
        ``(3) Nonmetropolitan area.--The term `nonmetropolitan area' 
    means a geographic area outside designated metropolitan planning 
    areas.
        ``(4) Nonmetropolitan local official.--The term 
    `nonmetropolitan local official' means elected and appointed 
    officials of general purpose local government in a nonmetropolitan 
    area with responsibility for transportation.
        ``(5) Regional transportation planning organization.--The term 
    `regional transportation planning organization' means a policy 
    board of an organization established as the result of a designation 
    under section 135(m).
        ``(6) TIP.--The term `TIP' means a transportation improvement 
    program developed by a metropolitan planning organization under 
    subsection (j).
        ``(7) Urbanized area.--The term `urbanized area' means a 
    geographic area with a population of 50,000 or more, as determined 
    by the Bureau of the Census.
    ``(c) General Requirements.--
        ``(1) Development of long-range plans and tips.--To accomplish 
    the objectives in subsection (a), metropolitan planning 
    organizations designated under subsection (d), in cooperation with 
    the State and public transportation operators, shall develop long-
    range transportation plans and transportation improvement programs 
    through a performance-driven, outcome-based approach to planning 
    for metropolitan areas of the State.
        ``(2) Contents.--The plans and TIPs for each metropolitan area 
    shall provide for the development and integrated management and 
    operation of transportation systems and facilities (including 
    accessible pedestrian walkways 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--
            ``(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--
            ``(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.
        ``(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;
            ``(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 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--
                ``(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 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 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 develop 
        estimates of funds that are reasonably expected to be available 
        to support program implementation.
            ``(D) Updating and approval.--The TIP shall be--
                ``(i) updated at least once every 4 years; and
                ``(ii) approved by the metropolitan planning 
            organization and the Governor.
        ``(2) Contents.--
            ``(A) Priority list.--The TIP shall include a priority list 
        of proposed Federally supported projects and strategies to be 
        carried out within each 4-year period after the initial 
        adoption of the TIP.
            ``(B) Financial plan.--The TIP shall include a financial 
        plan that--
                ``(i) demonstrates how the TIP can be implemented;
                ``(ii) indicates resources from public and private 
            sources that are reasonably expected to be available to 
            carry out the program;
                ``(iii) identifies innovative financing techniques to 
            finance projects, programs, and strategies; and
                ``(iv) may include, for illustrative purposes, 
            additional projects that would be included in the approved 
            TIP if reasonable additional resources beyond those 
            identified in the financial plan were available.
            ``(C) Descriptions.--Each project in the TIP shall include 
        sufficient descriptive material (such as type of work, termini, 
        length, and other similar factors) to identify the project or 
        phase of the project.
            ``(D) Performance target achievement.--The transportation 
        improvement program shall include, to the maximum extent 
        practicable, a description of the anticipated effect of the 
        transportation improvement program toward achieving the 
        performance targets established in the metropolitan 
        transportation plan, linking investment priorities to those 
        performance targets.
        ``(3) Included projects.--
            ``(A) Projects under this title and chapter 53 of title 
        49.--A TIP developed under this subsection for a metropolitan 
        area shall include the projects within the area that are 
        proposed for funding under chapter 1 of this title and chapter 
        53 of title 49.
            ``(B) Projects under chapter 2.--
                ``(i) Regionally significant projects.--Regionally 
            significant projects proposed for funding under chapter 2 
            shall be identified individually in the transportation 
            improvement program.
                ``(ii) Other projects.--Projects proposed for funding 
            under chapter 2 that are not determined to be regionally 
            significant shall be grouped in 1 line item or identified 
            individually in the transportation improvement program.
            ``(C) Consistency with long-range transportation plan.--
        Each project shall be consistent with the long-range 
        transportation plan developed under subsection (i) for the 
        area.
            ``(D) Requirement of anticipated full funding.--The program 
        shall include a project, or an identified phase of a project, 
        only if full funding can reasonably be anticipated to be 
        available for the project or the identified phase within the 
        time period contemplated for completion of the project or the 
        identified phase.
        ``(4) Notice and comment.--Before approving a TIP, a 
    metropolitan planning organization, in cooperation with the State 
    and any affected public transportation operator, shall provide an 
    opportunity for participation by interested parties in the 
    development of the program, in accordance with subsection (i)(5).
        ``(5) Selection of projects.--
            ``(A) In general.--Except as otherwise provided in 
        subsection (k)(4) and in addition to the TIP development 
        required under paragraph (1), the selection of Federally funded 
        projects in metropolitan areas shall be carried out, from the 
        approved TIP--
                ``(i) by--

                    ``(I) in the case of projects under this title, the 
                State; and
                    ``(II) in the case of projects under chapter 53 of 
                title 49, the designated recipients of public 
                transportation funding; and

                ``(ii) in cooperation with the metropolitan planning 
            organization.
            ``(B) Modifications to project priority.--Notwithstanding 
        any other provision of law, action by the Secretary shall not 
        be required to advance a project included in the approved TIP 
        in place of another project in the program.
        ``(6) Selection of projects from illustrative list.--
            ``(A) No required selection.--Notwithstanding paragraph 
        (2)(B)(iv), a State or metropolitan planning organization shall 
        not be required to select any project from the illustrative 
        list of additional projects included in the financial plan 
        under paragraph (2)(B)(iv).
            ``(B) Required action by the secretary.--Action by the 
        Secretary shall be required for a State or metropolitan 
        planning organization to select any project from the 
        illustrative list of additional projects included in the 
        financial plan under paragraph (2)(B)(iv) for inclusion in an 
        approved TIP.
        ``(7) Publication.--
            ``(A) Publication of tips.--A TIP involving Federal 
        participation shall be published or otherwise made readily 
        available by the metropolitan planning organization for public 
        review.
            ``(B) Publication of annual listings of projects.--
                ``(i) In general.--An annual listing of projects, 
            including investments in pedestrian walkways and bicycle 
            transportation facilities, for which Federal funds have 
            been obligated in the preceding year shall be published or 
            otherwise made available by the cooperative effort of the 
            State, transit operator, and metropolitan planning 
            organization for public review.
                ``(ii) Requirement.--The listing shall be consistent 
            with the categories identified in the TIP.
    ``(k) Transportation Management Areas.--
        ``(1) Identification and designation.--
            ``(A) Required identification.--The Secretary shall 
        identify as a transportation management area each urbanized 
        area (as defined by the Bureau of the Census) with a population 
        of over 200,000 individuals.
            ``(B) Designations on request.--The Secretary shall 
        designate any additional area as a transportation management 
        area on the request of the Governor and the metropolitan 
        planning organization designated for the area.
        ``(2) Transportation plans.--In a transportation management 
    area, transportation plans shall be based on a continuing and 
    comprehensive transportation planning process carried out by the 
    metropolitan planning organization in cooperation with the State 
    and public transportation operators.
        ``(3) Congestion management process.--
            ``(A) In general.--Within a metropolitan planning area 
        serving a transportation management area, the transportation 
        planning process under this section shall address congestion 
        management through a process that provides for effective 
        management and operation, based on a cooperatively developed 
        and implemented metropolitan-wide strategy, of new and existing 
        transportation facilities eligible for funding under this title 
        and chapter 53 of title 49 through the use of travel demand 
        reduction 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.
            ``(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 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:
``Sec. 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;
            ``(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.
        ``(3) Failure to consider factors.--The failure to take into 
    consideration the factors specified in paragraphs (1) and (2) shall 
    not be subject to review by any court under this title, chapter 53 
    of title 49, subchapter II of chapter 5 of title 5, or chapter 7 of 
    title 5 in any matter affecting a statewide transportation plan, a 
    statewide transportation improvement program, a project or 
    strategy, or the certification of a planning process.
    ``(e) Additional Requirements.--In carrying out planning under this 
section, each State shall, at a minimum--
        ``(1) with respect to nonmetropolitan areas, cooperate with 
    affected local officials with responsibility for transportation or, 
    if applicable, through regional transportation planning 
    organizations described in subsection (m);
        ``(2) consider the concerns of Indian tribal governments and 
    Federal land management agencies that have jurisdiction over land 
    within the boundaries of the State; and
        ``(3) consider coordination of transportation plans, the 
    transportation improvement program, and planning activities with 
    related planning activities being carried out outside of 
    metropolitan planning areas and between States.
    ``(f) Long-range Statewide Transportation Plan.--
        ``(1) Development.--Each State shall develop a long-range 
    statewide transportation plan, with a minimum 20-year forecast 
    period for all areas of the State, that provides for the 
    development and implementation of the intermodal transportation 
    system of the State.
        ``(2) Consultation with governments.--
            ``(A) Metropolitan areas.--The statewide transportation 
        plan shall be developed for each metropolitan area in the State 
        in cooperation with the metropolitan planning organization 
        designated for the metropolitan area under section 134.
            ``(B) Nonmetropolitan areas.--
                ``(i) In general.--With respect to nonmetropolitan 
            areas, the statewide transportation plan shall be developed 
            in cooperation with affected nonmetropolitan officials with 
            responsibility for transportation or, if applicable, 
            through regional transportation planning organizations 
            described in subsection (m).
                ``(ii) Role of secretary.--The Secretary shall not 
            review or approve the consultation process in each State.
            ``(C) Indian tribal areas.--With respect to each area of 
        the State under the jurisdiction of an Indian tribal 
        government, the statewide transportation plan shall be 
        developed in consultation with the tribal government and the 
        Secretary of the Interior.
            ``(D) Consultation, comparison, and consideration.--
                ``(i) In general.--The long-range transportation plan 
            shall be developed, as appropriate, in consultation with 
            State, tribal, and local agencies responsible for land use 
            management, natural resources, environmental protection, 
            conservation, and historic preservation.
                ``(ii) Comparison and consideration.--Consultation 
            under clause (i) shall involve comparison of transportation 
            plans to State and tribal conservation plans or maps, if 
            available, and comparison of transportation plans to 
            inventories of natural or historic resources, if available.
        ``(3) Participation by interested parties.--
            ``(A) In general.--In developing the statewide 
        transportation plan, the State shall provide to--
                ``(i) nonmetropolitan local elected officials or, if 
            applicable, through regional transportation planning 
            organizations described in subsection (m), an opportunity 
            to participate in accordance with subparagraph (B)(i); and
                ``(ii) citizens, affected public agencies, 
            representatives of public transportation employees, 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
                ``(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).
                ``(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
                ``(iii) in conformance with the applicable State air 
            quality implementation plan developed under the Clean Air 
            Act (42 U.S.C. 7401 et seq.), if the project is carried out 
            in an area designated as a nonattainment area for ozone, 
            particulate matter, or carbon monoxide under part D of 
            title I of that Act (42 U.S.C. 7501 et seq.).
            ``(E) Requirement of anticipated full funding.--The 
        transportation improvement program shall include a project, or 
        an identified phase of a project, only if full funding can 
        reasonably be anticipated to be available for the project 
        within the time period contemplated for completion of the 
        project.
            ``(F) Financial plan.--
                ``(i) In general.--The transportation improvement 
            program may include a financial plan that demonstrates how 
            the approved transportation improvement program can be 
            implemented, indicates resources from public and private 
            sources that are reasonably expected to be made available 
            to carry out the transportation improvement program, and 
            recommends any additional financing strategies for needed 
            projects and programs.
                ``(ii) Additional projects.--The financial plan may 
            include, for illustrative purposes, additional projects 
            that would be included in the adopted transportation plan 
            if reasonable additional resources beyond those identified 
            in the financial plan were available.
            ``(G) Selection of projects from illustrative list.--
                ``(i) No required selection.--Notwithstanding 
            subparagraph (F), a State shall not be required to select 
            any project from the illustrative list of additional 
            projects included in the financial plan under subparagraph 
            (F).
                ``(ii) Required action by the secretary.--Action by the 
            Secretary shall be required for a State to select any 
            project from the illustrative list of additional projects 
            included in the financial plan under subparagraph (F) for 
            inclusion in an approved transportation improvement 
            program.
            ``(H) Priorities.--The transportation improvement program 
        shall reflect the priorities for programming and expenditures 
        of funds, including transportation enhancement activities, 
        required by this title and chapter 53 of title 49.
        ``(6) Project selection for areas of less than 50,000 
    population.--
            ``(A) In general.--Projects carried out in areas with 
        populations of less than 50,000 individuals shall be selected, 
        from the approved transportation improvement program (excluding 
        projects carried out on the National Highway System and 
        projects carried out under the bridge program or the Interstate 
        maintenance program under this title or under sections 5310 and 
        5311 of title 49), by the State in cooperation with the 
        affected nonmetropolitan local officials with responsibility 
        for transportation or, if applicable, through regional 
        transportation planning organizations described in subsection 
        (m).
            ``(B) Other projects.--Projects carried out in areas with 
        populations of less than 50,000 individuals on the National 
        Highway System or under the bridge program or the Interstate 
        maintenance program under this title or under sections 5310, 
        5311, 5316, 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.
    ``(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 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.
    (a) In General.--Section 150 of title 23, United States Code, is 
amended to read as follows:
``Sec. 150. National goals and performance management measures
    ``(a) Declaration of Policy.--Performance management will transform 
the Federal-aid highway program and provide a means to the most 
efficient investment of Federal transportation funds by refocusing on 
national transportation goals, increasing the accountability and 
transparency of the Federal-aid highway program, and improving project 
decisionmaking through performance-based planning and programming.
    ``(b) National Goals.--It is in the interest of the United States 
to focus the Federal-aid highway program on the following national 
goals:
        ``(1) Safety.--To achieve a significant reduction in traffic 
    fatalities and serious injuries on all public roads.
        ``(2) Infrastructure condition.--To maintain the highway 
    infrastructure asset system in a state of good repair.
        ``(3) Congestion reduction.--To achieve a significant reduction 
    in congestion on the National Highway System.
        ``(4) System reliability.--To improve the efficiency of the 
    surface transportation system.
        ``(5) Freight movement and economic vitality.--To improve the 
    national freight network, strengthen the ability of rural 
    communities to access national and international trade markets, and 
    support regional economic development.
        ``(6) Environmental sustainability.--To enhance the performance 
    of the transportation system while protecting and enhancing the 
    natural environment.
        ``(7) Reduced project delivery delays.--To reduce project 
    costs, promote jobs and the economy, and expedite the movement of 
    people and goods by accelerating project completion through 
    eliminating delays in the project development and delivery process, 
    including reducing regulatory burdens and improving agencies' work 
    practices.
    ``(c) Establishment of Performance Measures.--
        ``(1) In general.--Not later than 18 months after the date of 
    enactment of the MAP-21, the Secretary, in consultation with State 
    departments of transportation, metropolitan planning organizations, 
    and other stakeholders, shall promulgate a rulemaking that 
    establishes performance measures and standards.
        ``(2) Administration.--In carrying out paragraph (1), the 
    Secretary shall--
            ``(A) provide States, metropolitan planning organizations, 
        and other stakeholders not less than 90 days to comment on any 
        regulation proposed by the Secretary under that paragraph;
            ``(B) take into consideration any comments relating to a 
        proposed regulation received during that comment period; and
            ``(C) limit performance measures only to those described in 
        this subsection.
        ``(3) National highway performance program.--
            ``(A) In general.--Subject to subparagraph (B), for the 
        purpose of carrying out section 119, the Secretary shall 
        establish--
                ``(i) minimum standards for States to use in developing 
            and operating bridge and pavement management systems;
                ``(ii) measures for States to use to assess--

                    ``(I) the condition of pavements on the Interstate 
                system;
                    ``(II) the condition of pavements on the National 
                Highway System (excluding the Interstate);
                    ``(III) the condition of bridges on the National 
                Highway System;
                    ``(IV) the performance of the Interstate System; 
                and
                    ``(V) the performance of the National Highway 
                System (excluding the Interstate System);

                ``(iii) minimum levels for the condition of pavement on 
            the Interstate System, only for the purposes of carrying 
            out section 119(f)(1); and
                ``(iv) the data elements that are necessary to collect 
            and maintain standardized data to carry out a performance-
            based approach.
            ``(B) Regions.--In establishing minimum condition levels 
        under subparagraph (A)(iii), if the Secretary determines that 
        various geographic regions of the United States experience 
        disparate factors contributing to the condition of pavement on 
        the Interstate System in those regions, the Secretary may 
        establish different minimum levels for each region;
        ``(4) Highway safety improvement program.--For the purpose of 
    carrying out section 148, the Secretary shall establish measures 
    for States to use to assess--
            ``(A) serious injuries and fatalities per vehicle mile 
        traveled; and
            ``(B) the number of serious injuries and fatalities.
        ``(5) Congestion mitigation and air quality program.--For the 
    purpose of carrying out section 149, the Secretary shall establish 
    measures for States to use to assess--
            ``(A) traffic congestion; and
            ``(B) on-road mobile source emissions.
        ``(6) National freight movement.--The Secretary shall establish 
    measures for States to use to assess freight movement on the 
    Interstate System.
    ``(d) Establishment of Performance Targets.--
        ``(1) In general.--Not later than 1 year after the Secretary 
    has promulgated the final rulemaking under subsection (c), each 
    State shall set performance targets that reflect the measures 
    identified in paragraphs (3), (4), (5), and (6) of subsection (c).
        ``(2) Different approaches for urban and rural areas.--In the 
    development and implementation of any performance target, a State 
    may, as appropriate, provide for different performance targets for 
    urbanized and rural areas.
    ``(e) Reporting on Performance Targets.--Not later than 4 years 
after the date of enactment of the MAP-21 and biennially thereafter, a 
State shall submit to the Secretary a report that describes--
        ``(1) the condition and performance of the National Highway 
    System in the State;
        ``(2) the effectiveness of the investment strategy document in 
    the State asset management plan for the National Highway System;
        ``(3) progress in achieving performance targets identified 
    under subsection (d); and
        ``(4) the ways in which the State is addressing congestion at 
    freight bottlenecks, including those identified in the National 
    Freight Strategic Plan, within the State.''.
    (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.''.

              Subtitle C--Acceleration of Project Delivery

SEC. 1301. DECLARATION OF POLICY AND PROJECT DELIVERY INITIATIVE.
    (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;
                (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 Federal-aid 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.''.
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
        (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;
                ``(iii) will not limit the choice of reasonable 
            alternatives for the project or otherwise influence the 
            decision of the Secretary on any approval required for the 
            project;
                ``(iv) does not prevent the lead agency from making an 
            impartial decision as to whether to accept an alternative 
            that is being considered in the environmental review 
            process;
                ``(v) is consistent with the State transportation 
            planning process under section 135;
                ``(vi) complies with other applicable Federal laws 
            (including regulations);
                ``(vii) will be acquired through negotiation, without 
            the threat of condemnation; and
                ``(viii) will not result in a reduction or elimination 
            of benefits or assistance to a displaced person required by 
            the Uniform Relocation Assistance and Real Property 
            Acquisition Policies Act of 1970 (42 U.S.C. 4601 et seq.) 
            and title VI of the Civil Rights Act of 1964 (42 U.S.C. 
            2000d et seq.).
        ``(4) Environmental compliance.--
            ``(A) In general.--Before authorizing Federal funding for 
        an acquisition of a real property interest, the Secretary shall 
        complete the review process under the National Environmental 
        Policy Act of 1969 (42 U.S.C. 4321 et seq.) with respect to the 
        acquisition of the real property interest.
            ``(B) Independent utility.--The acquisition of a real 
        property interest--
                ``(i) shall be treated as having independent utility 
            for purposes of the review process under the National 
            Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); 
            and
                ``(ii) shall not limit consideration of alternatives 
            for future transportation improvements with respect to the 
            real property interest.
        ``(5) Programming.--
            ``(A) In general.--The acquisition of a real property 
        interest for which Federal funding is requested shall be 
        included as a project in an applicable transportation 
        improvement program under sections 134 and 135 and sections 
        5303 and 5304 of title 49.
            ``(B) Acquisition project.--The acquisition project may 
        consist of the acquisition of a specific parcel, a portion of a 
        transportation corridor, or an entire transportation corridor.
        ``(6) Development.--Real property interests acquired under this 
    subsection may not be developed in anticipation of a project until 
    all required environmental reviews for the project have been 
    completed.
        ``(7) Reimbursement.--If Federal-aid reimbursement is made for 
    real property interests acquired early under this section and the 
    real property interests are not subsequently incorporated into a 
    project eligible for surface transportation funds within the time 
    allowed by subsection (a)(2), the Secretary shall offset the amount 
    reimbursed against funds apportioned to the State.
        ``(8) Other requirements and conditions.--
            ``(A) Applicable law.--The acquisition of a real property 
        interest shall be carried out in compliance with all 
        requirements applicable to the acquisition of real property 
        interests for federally funded transportation projects.
            ``(B) Additional conditions.--The Secretary may establish 
        such other conditions or restrictions on acquisitions under 
        this subsection as the Secretary determines to be 
        appropriate.''.
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 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.
    (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, 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.''.
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.--
            ``(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 out-of-
                    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:
            ``(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''.
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, 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 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.

                ``(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--
            ``(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.''.
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''.
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 
    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).''.
SEC. 1310. INTEGRATION OF PLANNING AND ENVIRONMENTAL REVIEW.
    (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:
``Sec. 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;
            ``(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.
        ``(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.
    (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:
``Sec. 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 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 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.''.
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.);
                ``(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:
    ``(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:

``327. Surface transportation project delivery program.''.
SEC. 1314. APPLICATION OF CATEGORICAL EXCLUSIONS FOR MULTIMODAL 
PROJECTS.
    (a) In General.--Section 304 of title 49, United States Code, is 
amended to read as follows:
``Sec. 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
                ``(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.''.
    (b) Conforming Amendment.--The item relating to section 304 in the 
analysis for title 49, United States Code, is amended to read as 
follows:

``304. Application of categorical exclusions for multimodal projects''.
SEC. 1315. CATEGORICAL EXCLUSIONS IN EMERGENCIES.
    (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.
SEC. 1316. CATEGORICAL EXCLUSIONS FOR PROJECTS WITHIN THE RIGHT-OF-WAY.
    (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 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.
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).
SEC. 1318. PROGRAMMATIC AGREEMENTS AND ADDITIONAL CATEGORICAL 
EXCLUSIONS.
    (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).
        (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 at-grade 
    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.
    (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.
SEC. 1320. MEMORANDA OF AGENCY AGREEMENTS FOR EARLY COORDINATION.
    (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 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.
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 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.
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
                (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

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.
            (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 year-round.
            (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.
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).''.
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 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).''.
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--
            (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);
            (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--
        ``(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.''.
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 unit-pay 
    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

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''.
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''.
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
                    (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
            ``(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 3-dimensional digital 
    modeling, that can--
            ``(A) accelerate and improve the environmental review 
        process;
            ``(B) increase effective public participation;
            ``(C) enhance the detail and accuracy of project designs;
            ``(D) increase safety;
            ``(E) accelerate construction, and reduce construction 
        costs; or
            ``(F) otherwise expedite project delivery with respect to 
        transportation projects that receive Federal funding.
        ``(2) Program.--With respect to transportation projects that 
    receive Federal funding, the Secretary shall encourage the use of 
    advanced modeling technologies during environmental, planning, 
    financial management, design, simulation, and construction 
    processes of the projects.
        ``(3) Activities.--In carrying out paragraph (2), the Secretary 
    shall--
            ``(A) compile information relating to advanced modeling 
        technologies, including industry best practices with respect to 
        the use of the technologies;
            ``(B) disseminate to States information relating to 
        advanced modeling technologies, including industry best 
        practices with respect to the use of the technologies; and
            ``(C) promote the use of advanced modeling technologies.
        ``(4) Comprehensive plan.--The Secretary shall develop and 
    publish on the public website of the Department of Transportation a 
    detailed and comprehensive plan for the implementation of paragraph 
    (2).''.
    (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 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.
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.''.
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
        (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.''.
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, long-term strategy that 
    enhances pavement performance by using an integrated, cost-
    effective set of practices that extend pavement life, improve 
    safety, and meet road user expectations.'';
        (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''.
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,'';
            (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.''.
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:
``Sec. 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.''.
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.--
        ``(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 toll-free 
        non-HOV lanes, excluding auxiliary lanes, after reconstruction, 
        restoration, or rehabilitation is not less than the number of 
        toll-free non-HOV lanes, excluding auxiliary lanes, before 
        reconstruction, restoration, or rehabilitation;
            ``(H) conversion of a high occupancy vehicle lane on a 
        highway, bridge, or tunnel to a toll facility; and
            ``(I) preliminary studies to determine the feasibility of a 
        toll facility for which Federal participation is authorized 
        under this paragraph.
        ``(2) Ownership.--Each highway, bridge, tunnel, or approach to 
    the highway, bridge, or tunnel constructed under this subsection 
    shall--
            ``(A) be publicly owned; or
            ``(B) be privately owned if the public authority with 
        jurisdiction over the highway, bridge, tunnel, or approach has 
        entered into a contract with 1 or more private persons to 
        design, finance, construct, and operate the facility and the 
        public authority will be responsible for complying with all 
        applicable requirements of this title with respect to the 
        facility.
        ``(3) Limitations on use of revenues.--
            ``(A) In general.--A public authority with jurisdiction 
        over a toll facility shall 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;
                ``(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 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.
            ``(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''.
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'';
            (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.''.
SEC. 1515. FUNDING FLEXIBILITY FOR TRANSPORTATION EMERGENCIES.
    (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:
``Sec. 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 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.
    (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.''.
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
            (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--
            (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'';

                (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 section 305, by striking subsection (c) and inserting 
    the following:
    ``(c) Gifts.--
        ``(1) In general.--Except as provided in paragraph (2), the 
    Commission, on behalf of the United States, may accept use, and 
    dispose of gifts or donations of services, property, or money for 
    purposes of carrying out this Act.
        ``(2) Conditional.--With respect to conditional gifts--
            ``(A)(i) the Commission, on behalf of the United States, 
        may accept conditional gifts for purposes of carrying out this 
        Act, if approved by the Federal Cochairperson; and
            ``(ii) the principal of and income from any such 
        conditional gift shall be held, invested, reinvested, and used 
        in accordance with the condition applicable to the gift; but
            ``(B) no gift shall be accepted that is conditioned on any 
        expenditure not to be funded from the gift or from the income 
        generated by the gift unless the expenditure has been approved 
        by Act of Congress.''; and
        (2) by adding at the end the following:
    ``SEC. 311. TRANSFER OF FUNDS FROM OTHER FEDERAL AGENCIES.
    ``(a) In General.--Subject to subsection (c), for purposes of this 
Act, the Commission may accept transfers of funds from other Federal 
agencies.
    ``(b) Transfers.--Any Federal agency authorized to carry out an 
activity that is within the authority of the Commission may transfer to 
the Commission any appropriated funds for the activity.
    ``(c) Treatment.--Any funds transferred to the Commission under 
this subsection--
        ``(1) shall remain available until expended; and
        ``(2) may, to the extent necessary to carry out this Act, be 
    transferred to, and merged with, the amounts made available by 
    appropriations Acts for the Commission by the Federal 
    Cochairperson.''.
SEC. 1521. UNIFORM RELOCATION ASSISTANCE AND REAL PROPERTY ACQUISITION 
POLICIES ACT OF 1970 AMENDMENTS.
    (a) Moving and Related Expenses.--Section 202 of the Uniform 
Relocation Assistance and Real Property Acquisition Policies Act of 
1970 (42 U.S.C. 4622) is amended--
        (1) in subsection (a)(4) by striking ``$10,000'' and inserting 
    ``$25,000, as adjusted by regulation, in accordance with section 
    213(d)''; and
        (2) in the second sentence of subsection (c) by striking 
    ``$20,000'' and inserting ``$40,000, as adjusted by regulation, in 
    accordance with section 213(d)''.
    (b) Replacement Housing for Homeowners.--The first sentence of 
section 203(a)(1) of the Uniform Relocation Assistance and Real 
Property Acquisition Policies Act of 1970 (42 U.S.C. 4623(a)(1)) is 
amended--
        (1) by striking ``$22,500'' and inserting ``$31,000, as 
    adjusted by regulation, in accordance with 213(d),''; and
        (2) by striking ``one hundred and eighty days prior to'' and 
    inserting ``90 days before''.
    (c) Replacement Housing for Tenants and Certain Others.--Section 
204 of the Uniform Relocation Assistance and Real Property Acquisition 
Policies Act of 1970 (42 U.S.C. 4624) is amended--
        (1) in the second sentence of subsection (a) by striking 
    ``$5,250'' and inserting ``$7,200, as adjusted by regulation, in 
    accordance with section 213(d)''; and
        (2) in the second sentence of subsection (b) by striking ``, 
    except'' and all that follows through the end of the subsection and 
    inserting a period.
    (d) Duties of Lead Agency.--Section 213 of the Uniform Relocation 
Assistance and Real Property Acquisition Policies Act of 1970 (42 
U.S.C. 4633) is amended--
        (1) in subsection (b)--
            (A) in paragraph (2) by striking ``and'' at the end;
            (B) in paragraph (3) by striking the period at the end and 
        inserting ``; and''; and
            (C) by adding at the end the following:
        ``(4) that each Federal agency that has programs or projects 
    requiring the acquisition of real property or causing a 
    displacement from real property subject to the provisions of this 
    Act shall provide to the lead agency an annual summary report the 
    describes the activities conducted by the Federal agency.''; and
        (2) by adding at the end the following:
    ``(d) Adjustment of Payments.--The head of the lead agency may 
adjust, by regulation, the amounts of relocation payments provided 
under sections 202(a)(4), 202(c), 203(a), and 204(a) if the head of the 
lead agency determines that cost of living, inflation, or other factors 
indicate that the payments should be adjusted to meet the policy 
objectives of this Act.''.
    (e) Agency Coordination.--Title II of the Uniform Relocation 
Assistance and Real Property Acquisition Policies Act of 1970 is 
amended by inserting after section 213 (42 U.S.C. 4633) the following:
    ``SEC. 214. AGENCY COORDINATION.
    ``(a) Agency Capacity.--Each Federal agency responsible for funding 
or carrying out relocation and acquisition activities shall have 
adequately trained personnel and such other resources as are necessary 
to manage and oversee the relocation and acquisition program of the 
Federal agency in accordance with this Act.
    ``(b) Interagency Agreements.--Not later than 1 year after the date 
of enactment of this section, each Federal agency responsible for 
funding relocation and acquisition activities (other than the agency 
serving as the lead agency) shall enter into a memorandum of 
understanding with the lead agency that--
        ``(1) provides for periodic training of the personnel of the 
    Federal agency, which in the case of a Federal agency that provides 
    Federal financial assistance, may include personnel of any 
    displacing agency that receives Federal financial assistance;
        ``(2) addresses ways in which the lead agency may provide 
    assistance and coordination to the Federal agency relating to 
    compliance with the Act on a program or project basis; and
        ``(3) addresses the funding of the training, assistance, and 
    coordination activities provided by the lead agency, in accordance 
    with subsection (c).
    ``(c) Interagency Payments.--
        ``(1) In general.--For the fiscal year that begins 1 year after 
    the date of enactment of this section, and each fiscal year 
    thereafter, each Federal agency responsible for funding relocation 
    and acquisition activities (other than the agency serving as the 
    lead agency) shall transfer to the lead agency for the fiscal year, 
    such funds as are necessary, but not less than $35,000, to support 
    the training, assistance, and coordination activities of the lead 
    agency described in subsection (b).
        ``(2) Included costs.--The cost to a Federal agency of 
    providing the funds described in paragraph (1) shall be included as 
    part of the cost of 1 or more programs or projects undertaken by 
    the Federal agency or with Federal financial assistance that result 
    in the displacement of persons or the acquisition of real 
    property.''.
    (f) Cooperation With Federal Agencies.--Section 308 of title 23, 
United States Code, is amended by striking subsection (a) and inserting 
the following:
    ``(a) Authorized Activities.--
        ``(1) In general.--The Secretary may perform, by contract or 
    otherwise, authorized engineering or other services in connection 
    with the survey, construction, maintenance, or improvement of 
    highways for other Federal agencies, cooperating foreign countries, 
    and State cooperating agencies.
        ``(2) Inclusions.--Services authorized under paragraph (1) may 
    include activities authorized under section 214 of the Uniform 
    Relocation Assistance and Real Property Acquisition Policies Act of 
    1970.
        ``(3) Reimbursement.--Reimbursement for services carried out 
    under this subsection (including depreciation on engineering and 
    road-building equipment) shall be credited to the applicable 
    appropriation.''.
    (g) Effective Dates.--
        (1) In general.--Except as provided in paragraph (2), the 
    amendments made by this section shall take effect on the date of 
    enactment of this Act.
        (2) Exception.--The amendments made by subsections (a) through 
    (c) shall take effect 2 years after the date of enactment of this 
    Act.
SEC. 1522. EXTENSION OF PUBLIC TRANSIT VEHICLE EXEMPTION FROM AXLE 
WEIGHT RESTRICTIONS.
    Section 1023(h) of the Intermodal Surface Transportation Efficiency 
Act of 1991 (23 U.S.C. 127 note; Public Law 102-240) is amended--
        (1) in the heading of paragraph (1) by striking ``temporary 
    exemption'' and inserting ``exemption'';
        (2) in paragraph (1)--
            (A) in the matter preceding subparagraph (A) by striking 
        ``, for the period beginning on October 6, 1992, and ending on 
        October 1, 2009,'';
            (B) in subparagraph (A) by striking ``or'' at the end;
            (C) in subparagraph (B) by striking the period at the end 
        and inserting ``; or''; and
            (D) by adding at the end the following:
            ``(C) any motor home (as defined in section 571.3 of title 
        49, Code of Federal Regulations (or successor regulation)).''; 
        and
        (3) in paragraph (2)(A) by striking ``For the period beginning 
    on the date of enactment of this subparagraph and ending on 
    September 30, 2009, a'' and inserting ``A''.
SEC. 1523. USE OF DEBRIS FROM DEMOLISHED BRIDGES AND OVERPASSES.
    Section 1805(a) of the SAFETEA-LU (23 U.S.C. 144 note; 119 Stat. 
1459) is amended by striking ``highway bridge replacement and 
rehabilitation program under section 144'' and inserting ``national 
highway performance program under section 119''.
SEC. 1524. USE OF YOUTH SERVICE AND CONSERVATION CORPS.
    (a) In General.--The Secretary shall encourage the States and 
regional transportation planning agencies to enter into contracts and 
cooperative agreements with qualified youth service or conservation 
corps, as defined in sections 122(a)(2) of Public Law 101-610 (42 
U.S.C. 12572(a)(2)) and 106(c)(3) of Public Law 103-82 (42 U.S.C. 
12656(c)(3)) to perform appropriate projects eligible under sections 
162, 206, 213, and 217 of title 23, United States Code, and under 
section 1404 of the SAFETEA-LU (119 Stat. 1228).
    (b) Requirements.--Under any contract or cooperative agreement 
entered into with a qualified youth service or conservation corps under 
this section, the Secretary shall--
        (1) set the amount of a living allowance or rate of pay for 
    each participant in such corps at--
            (A) such amount or rate as required under State law in a 
        State with such requirements; or
            (B) for corps in States not described in subparagraph (A), 
        at such amount or rate as determined by the Secretary, not to 
        exceed the maximum living allowance authorized by section 140 
        of Public Law 101-610 (42 U.S.C. 12594); and
        (2) not subject such corps to the requirements of section 112 
    of title 23, United States Code.
SEC. 1525. STATE AUTONOMY FOR CULVERT PIPE SELECTION.
    Not later than 180 days after the date of enactment of this Act, 
the Secretary shall modify section 635.411 of title 23, Code of Federal 
Regulations (as in effect on the date of enactment of this Act), to 
ensure that States shall have the autonomy to determine culvert and 
storm sewer material types to be included in the construction of a 
project on a Federal-aid highway.
SEC. 1526. EVACUATION ROUTES.
    Each State shall give adequate consideration to the needs of 
evacuation routes in the State, including such routes serving or 
adjacent to facilities operated by the Armed Forces, when allocating 
funds apportioned to the State under title 23, United States Code, for 
the construction of Federal-aid highways.
SEC. 1527. CONSOLIDATION OF GRANTS.
    (a) Definitions.--In this section, the term ``recipient'' means--
        (1) a State, local, or tribal government, including--
            (A) a territory of the United States;
            (B) a transit agency;
            (C) a port authority;
            (D) a metropolitan planning organization; or
            (E) any other political subdivision of a State or local 
        government;
        (2) a multistate or multijurisdictional group, if each member 
    of the group is an entity described in paragraph (1); and
        (3) a public-private partnership, if both parties are engaged 
    in building the project.
    (b) Consolidation.--
        (1) In general.--A recipient that receives multiple grant 
    awards from the Department to support 1 multimodal project may 
    request that the Secretary designate 1 modal administration in the 
    Department to be the lead administering authority for the overall 
    project.
        (2) New starts.--Any project that includes funds awarded under 
    section 5309 of title 49, United States Code, shall be exempt from 
    consolidation under this section unless the grant recipient 
    requests the Federal Transit Administration to be the lead 
    administering authority.
        (3) Review.--
            (A) In general.--Not later than 30 days after the date on 
        which a request under paragraph (1) is made, the Secretary 
        shall review the request and approve or deny the designation of 
        a single modal administration as the lead administering 
        authority and point of contact for the Department.
            (B) Notification.--
                (i) In general.--The Secretary shall notify the 
            requestor of the decision of the Secretary under 
            subparagraph (A) in such form and at such time as the 
            Secretary and the requestor agree.
                (ii) Denial.--If a request is denied, the Secretary 
            shall provide the requestor with a detailed explanation of 
            the reasoning of the Secretary with the notification under 
            clause (i).
    (c) Duties.--
        (1) In general.--A modal administration designated as a lead 
    administering authority under this section shall--
            (A) be responsible for leading and coordinating the 
        integrated project management team, which shall consist of all 
        of the other modal administrations in the Department relating 
        to the multimodal project; and
            (B) to the extent feasible during the first 30 days of 
        carrying out the multimodal project, identify overlapping or 
        duplicative regulatory requirements that exist for the project 
        and propose a single, streamlined approach to meeting all of 
        the applicable regulatory requirements through the activities 
        described in subsection (d).
        (2) Administration.--
            (A) In general.--The Secretary shall transfer all amounts 
        that have been awarded for the multimodal project to the modal 
        administration designated as the lead administering authority.
            (B) Option.--
                (i) In general.--Participation under this section shall 
            be optional for recipients, and no recipient shall be 
            required to participate.
                (ii) Secretarial duties.--The Secretary is not required 
            to identify every recipient that may be eligible to 
            participate under this section.
    (d) Cooperation.--
        (1) In general.--The Secretary and modal administrations with 
    relevant jurisdiction over a multimodal project should cooperate on 
    project review and delivery activities at the earliest practicable 
    time.
        (2) Purposes.--The purposes of the cooperation under paragraph 
    (1) are--
            (A) to avoid delays and duplication of effort later in the 
        process;
            (B) to prevent potential conflicts; and
            (C) to ensure that planning and project development 
        decisions are made in a streamlined manner and consistent with 
        applicable law.
    (e) Applicability.--Nothing in this section shall--
        (1) supersede, amend, or modify the National Environmental 
    Policy Act of 1969 (42 U.S.C. 4321 et seq.) or any other Federal 
    environmental law; or
        (2) affect the responsibility of any Federal officer to comply 
    with or enforce any law described in paragraph (1).
SEC. 1528. APPALACHIAN DEVELOPMENT HIGHWAY SYSTEM.
    (a) Sense of the Senate.--It is the Sense of the Senate that the 
timely completion of the Appalachian development highway system is a 
transportation priority in the national interest.
    (b) Modified Federal Share for Projects on ADHS.--For fiscal years 
2012 through 2021, the Federal share payable for the cost of 
constructing highways and access roads on the Appalachian development 
highway system under section 14501 of title 40, United States Code, 
with funds made available to a State for fiscal year 2012 or a previous 
fiscal year for the Appalachian development highway system program, or 
with funds made available for fiscal year 2012 or a previous fiscal 
year for a specific project, route, or corridor on that system, shall 
be 100 percent.
    (c) Federal Share for Other Funds Used on ADHS.--For fiscal years 
2012 through 2021, the Federal share payable for the cost of 
constructing highways and access roads on the Appalachian development 
highway system under section 14501 of title 40, United States Code, 
with Federal funds apportioned to a State for a program other than the 
Appalachian development highway system program shall be 100 percent.
    (d) Completion Plan.--
        (1) In general.--Subject to paragraph (2), not later than 1 
    year after the date of enactment of the MAP-21, each State 
    represented on the Appalachian Regional Commission shall establish 
    a plan for the completion of the designated corridors of the 
    Appalachian development highway system within the State, including 
    annual performance targets, with a target completion date.
        (2) Significant uncompleted miles.--If the percentage of 
    remaining Appalachian development highway system needs for a State, 
    according to the latest cost to complete estimate for the 
    Appalachian development highway system, is greater than 15 percent 
    of the total cost to complete estimate for the entire Appalachian 
    development highway system, the State shall not establish a plan 
    under paragraph (1) that would result in a reduction of obligated 
    funds for the Appalachian development highway system within the 
    State for any subsequent fiscal year.
SEC. 1529. ENGINEERING JUDGMENT.
    Not later than 90 days after the date of enactment of this Act, the 
Secretary shall issue guidance to State transportation departments 
clarifying that the standards, guidance, and options for design and 
application of traffic control devices provided in the Manual on 
Uniform Traffic Control Devices should not be considered a substitute 
for engineering judgment.
SEC. 1530. TRANSPORTATION TRAINING AND EMPLOYMENT PROGRAMS.
    To encourage the development of careers in the transportation 
field, the Secretary of Education and the Secretary of Labor are 
encouraged to use funds for training and employment education 
programs--
        (1) to develop programs for transportation-related careers and 
    trades; and
        (2) to work with the Secretary to carry out programs developed 
    under paragraph (1).
SEC. 1531. NOTICE OF CERTAIN GRANT AWARDS.
    (a) Definition of Covered Grant Award.--In this section, the term 
``covered grant award'' means a grant award--
        (1) made--
            (A) by the Department; and
            (B) with funds made available under this Act; and
        (2) in an amount equal to or greater than $500,000.
    (b) Notice.--Except to the extent otherwise expressly provided in 
another provision of law, at least 3 business days before a covered 
grant award is announced, the Secretary shall provide to the Committee 
on Transportation and Infrastructure of the House of Representatives 
and the Committee on Environment and Public Works of the Senate written 
notice of the covered grant award.
SEC. 1532. BUDGET JUSTIFICATION.
    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 budget justification for 
each agency of the Department concurrently with the annual budget 
submission of the President to Congress under section 1105(a) of title 
31, United States Code.
SEC. 1533. PROHIBITION ON USE OF FUNDS FOR AUTOMATED TRAFFIC 
ENFORCEMENT.
    (a) Definition of Automated Traffic Enforcement System.--In this 
section, the term ``automated traffic enforcement system'' means any 
camera that captures an image of a vehicle for the purposes of traffic 
law enforcement.
    (b) Use of Funds.--Except as provided in subsection (c), for fiscal 
years 2013 and 2014, funds apportioned to a State under section 
104(b)(3) of title 23, United States Code, may not be used for any 
program to purchase, operate, or maintain an automated traffic 
enforcement system.
    (c) Exception.--Subsection (b) shall not apply to automated traffic 
enforcement systems used to improve safety in school zones.
SEC. 1534. PUBLIC-PRIVATE PARTNERSHIPS.
    (a) Best Practices.--The Secretary shall compile, and make 
available to the public on the website of the Department, best 
practices on how States, public transportation agencies, and other 
public officials can work with the private sector in the development, 
financing, construction, and operation of transportation facilities.
    (b) Contents.--The best practices compiled under subsection (a) 
shall include polices and techniques to ensure that the interests of 
the traveling public and State and local governments are protected in 
any agreement entered into with the private sector for the development, 
financing, construction, and operation of transportation facilities.
    (c) Technical Assistance.--The Secretary, on request, may provide 
technical assistance to States, public transportation agencies, and 
other public officials regarding proposed public-private partnership 
agreements for the development, financing, construction, and operation 
of transportation facilities, including assistance in analyzing whether 
the use of a public-private partnership agreement would provide value 
compared with traditional public delivery methods.
    (d) Standard Transaction Contracts.--
        (1) Development.--Not later than 18 months after the date of 
    enactment of this Act, the Secretary shall develop standard public-
    private partnership transaction model contracts for the most 
    popular types of public-private partnerships for the development, 
    financing, construction, and operation of transportation 
    facilities.
        (2) Use.--The Secretary shall encourage States, public 
    transportation agencies, and other public officials to use the 
    model contracts as a base template when developing their own 
    public-private partnership agreements for the development, 
    financing, construction, and operation of transportation 
    facilities.
SEC. 1535. REPORT ON HIGHWAY TRUST FUND EXPENDITURES.
    (a) Initial Report.--Not later than 150 days after the date of 
enactment of this Act, the Comptroller General of the United States 
shall submit to Congress a report describing the activities funded from 
the Highway Trust Fund during each of fiscal years 2009 through 2011, 
including for purposes other than construction and maintenance of 
highways and bridges.
    (b) Updates.--Not later than 5 years after the date on which the 
report is submitted under subsection (a) and every 5 years thereafter, 
the Comptroller General of the United States shall submit to Congress a 
report that updates the information provided in the report under that 
subsection for the applicable 5-year period.
    (c) Inclusions.--A report submitted under subsection (a) or (b) 
shall include information similar to the information included in the 
report of the Government Accountability Office numbered ``GAO-09-729R'' 
and entitled ``Highway Trust Fund Expenditures on Purposes Other Than 
Construction and Maintenance of Highways and Bridges During Fiscal 
Years 2004-2008''.
SEC. 1536. SENSE OF CONGRESS ON HARBOR MAINTENANCE.
    (a) Findings.--Congress finds that--
        (1) there are 926 coastal, Great Lakes, and inland harbors 
    maintained by the Corps of Engineers;
        (2) according to the Bureau of Transportation Statistics--
            (A) in 2009, the ports and waterways of the United States 
        handled more than 2,200,000,000 short tons of imports, exports, 
        and domestic shipments; and
            (B) in 2010, United States ports were responsible for more 
        than $1,400,000,000,000 in waterborne imports and exports;
        (3) according to the Congressional Research Service, full 
    channel dimensions are, on average, available approximately \1/3\ 
    of the time at the 59 harbors of the United States with the highest 
    use rates;
        (4) in 1986, Congress created the Harbor Maintenance Trust Fund 
    to provide funds for the operation and maintenance of the 
    navigation channels of the United States;
        (5) in fiscal year 2012, the Harbor Maintenance Trust Fund is 
    expected to grow from $6,280,000,000 to $7,011,000,000, an increase 
    of approximately 13 percent;
        (6) despite growth of the Harbor Maintenance Trust Fund, 
    expenditures from the Harbor Maintenance Trust Fund have not been 
    sufficiently spent; and
        (7) inadequate investment in dredging needs is restricting 
    access to the ports of the United States for domestic shipping, 
    imports, and exports and therefore threatening the economic 
    competitiveness of the United States.
    (b) Sense of Congress.--It is the sense of Congress that--
        (1) the Administration should request full use of the Harbor 
    Maintenance Trust Fund for operating and maintaining the navigation 
    channels of the United States;
        (2) the amounts in the Harbor Maintenance Trust Fund should be 
    fully expended to operate and maintain the navigation channels of 
    the United States; and
        (3) Congress should ensure that other programs, projects, and 
    activities of the Civil Works Program of the Corps of Engineers, 
    especially those programs, projects, and activities relating to 
    inland navigation and flood control, are not adversely impacted.
SEC. 1537. ESTIMATE OF HARBOR MAINTENANCE NEEDS.
    For fiscal year 2014 and each fiscal year thereafter, the 
President's budget request submitted pursuant to section 1105 of title 
31, United States Code, shall include--
        (1) an estimate of the nationwide average availability, 
    expressed as a percentage, of the authorized depth and authorized 
    width of all navigation channels authorized to be maintained using 
    appropriations from the Harbor Maintenance Trust Fund that would 
    result from harbor maintenance activities to be funded by the 
    budget request; and
        (2) an estimate of the average annual amount of appropriations 
    from the Harbor Maintenance Trust Fund that would be required to 
    increase that average availability to 95 percent over a 3-year 
    period.
SEC. 1538. ASIAN CARP.
    (a) Definitions.--In this section:
        (1) Hydrological separation.--The term ``hydrological 
    separation'' means a physical separation on the Chicago Area 
    Waterway System that--
            (A) would disconnect the Mississippi River watershed from 
        the Lake Michigan watershed; and
            (B) shall be designed to be adequate in scope to prevent 
        the transfer of all aquatic species between each of those 
        bodies of water.
        (2) Secretary.--The term ``Secretary'' means the Secretary of 
    the Army, acting through the Chief of Engineers.
    (b) Expedited Study and Report.--
        (1) In general.--The Secretary shall--
            (A) expedite completion of the report for the study 
        authorized by section 3061(d) of the Water Resources 
        Development Act of 2007 (Public Law 110-114; 121 Stat. 1121); 
        and
            (B) if the Secretary determines a project is justified in 
        the completed report, proceed directly to project 
        preconstruction engineering and design.
        (2) Focus.--In expediting the completion of the study and 
    report under paragraph (1), the Secretary shall focus on--
            (A) the prevention of the spread of aquatic nuisance 
        species between the Great Lakes and Mississippi River Basins, 
        such as through the permanent hydrological separation of the 
        Great Lakes and Mississippi River Basins; and
            (B) the watersheds of the following rivers and tributaries 
        associated with the Chicago Area Waterway System:
                (i) The Illinois River, at and in the vicinity of 
            Chicago, Illinois.
                (ii) The Chicago River, Calumet River, North Shore 
            Channel, Chicago Sanitary and Ship Canal, and Cal-Sag 
            Channel in the State of Illinois.
                (iii) The Grand Calumet River and Little Calumet River 
            in the States of Illinois and Indiana.
        (3) Efficient use of funds.--The Secretary shall ensure the 
    efficient use of funds to maximize the timely completion of the 
    study and report under paragraph (1).
        (4) Deadline.--The Secretary shall complete the report under 
    paragraph (1) by not later than 18 months after the date of 
    enactment of this Act.
        (5) Interim report.--Not later than 90 days after the date of 
    enactment of this Act, the Secretary shall submit to the Committees 
    on Appropriations of the House of Representatives and Senate, 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--
            (A) interim milestones that will be met prior to final 
        completion of the study and report under paragraph (1); and
            (B) funding necessary for completion of the study and 
        report under paragraph (1), including funding necessary for 
        completion of each interim milestone identified under 
        subparagraph (A).
SEC. 1539. REST AREAS.
    (a) Agreements Relating to Use of and Access to Rights-of-way--
Interstate System.--Section 111 of title 23, United States Code, is 
amended--
        (1) in subsection (a) in the second sentence by striking the 
    period and inserting ``and will not change the boundary of any 
    right-of-way on the Interstate System to accommodate construction 
    of, or afford access to, an automotive service station or other 
    commercial establishment.'';
        (2) by redesignating subsections (b) and (c) as subsections (c) 
    and (d), respectively; and
        (3) by inserting after subsection (a) the following:
    ``(b) Rest Areas.--
        ``(1) In general.--Notwithstanding subsection (a), the 
    Secretary shall permit a State to acquire, construct, operate, and 
    maintain a rest area along a highway on the Interstate System in 
    such State.
        ``(2) Limited activities.--The Secretary shall permit limited 
    commercial activities within a rest area under paragraph (1), if 
    the activities are available only to customers using the rest area 
    and are limited to--
            ``(A) commercial advertising and media displays if such 
        advertising and displays are--
                ``(i) exhibited solely within any facility constructed 
            in the rest area; and
                ``(ii) not legible from the main traveled way;
            ``(B) items designed to promote tourism in the State, 
        limited to books, DVDs, and other media;
            ``(C) tickets for events or attractions in the State of a 
        historical or tourism-related nature;
            ``(D) travel-related information, including maps, travel 
        booklets, and hotel coupon booklets; and
            ``(E) lottery machines, provided that the priority afforded 
        to blind vendors under subsection (c) applies to this 
        subparagraph.
        ``(3) Private operators.--A State may permit a private party to 
    operate such commercial activities.
        ``(4) Limitation on use of revenues.--A State shall use any 
    revenues received from the commercial activities in a rest area 
    under this section to cover the costs of acquiring, constructing, 
    operating, and maintaining rest areas in the State.''.
    (b) Control of Outdoor Advertising.--Section 131(i) of title 23, 
United States Code, is amended by adding at the end the following:
``A State may permit the installation of signs that acknowledge the 
sponsorship of rest areas within such rest areas or along the main 
traveled way of the system, provided that such signs shall not affect 
the safe and efficient utilization of the Interstate System and the 
primary system. The Secretary shall establish criteria for the 
installation of such signs on the main traveled way, including criteria 
pertaining to the placement of rest area sponsorship acknowledgment 
signs in relation to the placement of advance guide signs for rest 
areas.''.

                   Subtitle F--Gulf Coast Restoration

SEC. 1601. SHORT TITLE.
    This subtitle may be cited as the ``Resources and Ecosystems 
Sustainability, Tourist Opportunities, and Revived Economies of the 
Gulf Coast States Act of 2012''.
SEC. 1602. GULF COAST RESTORATION TRUST FUND.
    (a) Establishment.--There is established in the Treasury of the 
United States a trust fund to be known as the ``Gulf Coast Restoration 
Trust Fund'' (referred to in this section as the ``Trust Fund''), 
consisting of such amounts as are deposited in the Trust Fund under 
this Act or any other provision of law.
    (b) Transfers.--The Secretary of the Treasury shall deposit in the 
Trust Fund an amount equal to 80 percent of all administrative and 
civil penalties paid by responsible parties after the date of enactment 
of this Act in connection with the explosion on, and sinking of, the 
mobile offshore drilling unit Deepwater Horizon pursuant to a court 
order, negotiated settlement, or other instrument in accordance with 
section 311 of the Federal Water Pollution Control Act (33 U.S.C. 
1321).
    (c) Expenditures.--Amounts in the Trust Fund, including interest 
earned on advances to the Trust Fund and proceeds from investment under 
subsection (d), shall--
        (1) be available for expenditure, without further 
    appropriation, solely for the purpose and eligible activities of 
    this subtitle and the amendments made by this subtitle; and
        (2) remain available until expended, without fiscal year 
    limitation.
    (d) Investment.--Amounts in the Trust Fund shall be invested in 
accordance with section 9702 of title 31, United States Code, and any 
interest on, and proceeds from, any such investment shall be available 
for expenditure in accordance with this subtitle and the amendments 
made by this subtitle.
    (e) Administration.--Not later than 180 days after the date of 
enactment of this Act, after providing notice and an opportunity for 
public comment, the Secretary of the Treasury, in consultation with the 
Secretary of the Interior and the Secretary of Commerce, shall 
establish such procedures as the Secretary determines to be necessary 
to deposit amounts in, and expend amounts from, the Trust Fund pursuant 
to this subtitle, including--
        (1) procedures to assess whether the programs and activities 
    carried out under this subtitle and the amendments made by this 
    subtitle achieve compliance with applicable requirements, including 
    procedures by which the Secretary of the Treasury may determine 
    whether an expenditure by a Gulf Coast State or coastal political 
    subdivision (as those terms are defined in section 311 of the 
    Federal Water Pollution Control Act (33 U.S.C. 1321)) pursuant to 
    such a program or activity achieves compliance;
        (2) auditing requirements to ensure that amounts in the Trust 
    Fund are expended as intended; and
        (3) procedures for identification and allocation of funds 
    available to the Secretary under other provisions of law that may 
    be necessary to pay the administrative expenses directly 
    attributable to the management of the Trust Fund.
    (f) Sunset.--The authority for the Trust Fund shall terminate on 
the date all funds in the Trust Fund have been expended.
SEC. 1603. GULF COAST NATURAL RESOURCES RESTORATION AND ECONOMIC 
RECOVERY.
    Section 311 of the Federal Water Pollution Control Act (33 U.S.C. 
1321) is amended--
        (1) in subsection (a)--
            (A) in paragraph (25)(B), by striking ``and'' at the end;
            (B) in paragraph (26)(D), by striking the period at the end 
        and inserting a semicolon; and
            (C) by adding at the end the following:
        ``(27) the term `best available science' means science that--
            ``(A) maximizes the quality, objectivity, and integrity of 
        information, including statistical information;
            ``(B) uses peer-reviewed and publicly available data; and
            ``(C) clearly documents and communicates risks and 
        uncertainties in the scientific basis for such projects;
        ``(28) the term `Chairperson' means the Chairperson of the 
    Council;
        ``(29) the term `coastal political subdivision' means any local 
    political jurisdiction that is immediately below the State level of 
    government, including a county, parish, or borough, with a 
    coastline that is contiguous with any portion of the United States 
    Gulf of Mexico;
        ``(30) the term `Comprehensive Plan' means the comprehensive 
    plan developed by the Council pursuant to subsection (t);
        ``(31) the term `Council' means the Gulf Coast Ecosystem 
    Restoration Council established pursuant to subsection (t);
        ``(32) the term `Deepwater Horizon oil spill' means the blowout 
    and explosion of the mobile offshore drilling unit Deepwater 
    Horizon that occurred on April 20, 2010, and resulting hydrocarbon 
    releases into the environment;
        ``(33) the term `Gulf Coast region' means--
            ``(A) in the Gulf Coast States, the coastal zones (as that 
        term is defined in section 304 of the Coastal Zone Management 
        Act of 1972 (16 U.S.C. 1453)), except that, in this section, 
        the term `coastal zones' includes land within the coastal zones 
        that is held in trust by, or the use of which is by law subject 
        solely to the discretion of, the Federal Government or officers 
        or agents of the Federal Government)) that border the Gulf of 
        Mexico;
            ``(B) any adjacent land, water, and watersheds, that are 
        within 25 miles of the coastal zones described in subparagraph 
        (A) of the Gulf Coast States; and
            ``(C) all Federal waters in the Gulf of Mexico;
        ``(34) the term `Gulf Coast State' means any of the States of 
    Alabama, Florida, Louisiana, Mississippi, and Texas; and
        ``(35) the term `Trust Fund' means the Gulf Coast Restoration 
    Trust Fund established pursuant to section 1602 of the Resources 
    and Ecosystems Sustainability, Tourist Opportunities, and Revived 
    Economies of the Gulf Coast States Act of 2012.'';
        (2) in subsection (s), by inserting ``except as provided in 
    subsection (t)'' before the period at the end; and
        (3) by adding at the end the following:
    ``(t) Gulf Coast Restoration and Recovery.--
        ``(1) State allocation and expenditures.--
            ``(A) In general.--Of the total amounts made available in 
        any fiscal year from the Trust Fund, 35 percent shall be 
        available, in accordance with the requirements of this section, 
        to the Gulf Coast States in equal shares for expenditure for 
        ecological and economic restoration of the Gulf Coast region in 
        accordance with this subsection.
            ``(B) Use of funds.--
                ``(i) Eligible activities in the gulf coast region.--
            Subject to clause (iii), amounts provided to the Gulf Coast 
            States under this subsection may only be used to carry out 
            1 or more of the following activities in the Gulf Coast 
            region:

                    ``(I) Restoration and protection of the natural 
                resources, ecosystems, fisheries, marine and wildlife 
                habitats, beaches, and coastal wetlands of the Gulf 
                Coast region.
                    ``(II) Mitigation of damage to fish, wildlife, and 
                natural resources.
                    ``(III) Implementation of a federally approved 
                marine, coastal, or comprehensive conservation 
                management plan, including fisheries monitoring.
                    ``(IV) Workforce development and job creation.
                    ``(V) Improvements to or on State parks located in 
                coastal areas affected by the Deepwater Horizon oil 
                spill.
                    ``(VI) Infrastructure projects benefitting the 
                economy or ecological resources, including port 
                infrastructure.
                    ``(VII) Coastal flood protection and related 
                infrastructure.
                    ``(VIII) Planning assistance.
                    ``(IX) Administrative costs of complying with this 
                subsection.

                ``(ii) Activities to promote tourism and seafood in the 
            gulf coast region.--Amounts provided to the Gulf Coast 
            States under this subsection may be used to carry out 1 or 
            more of the following activities:

                    ``(I) Promotion of tourism in the Gulf Coast 
                Region, including recreational fishing.
                    ``(II) Promotion of the consumption of seafood 
                harvested from the Gulf Coast Region.

                ``(iii) Limitation.--

                    ``(I) In general.--Of the amounts received by a 
                Gulf Coast State under this subsection, not more than 3 
                percent may be used for administrative costs eligible 
                under clause (i)(IX).
                    ``(II) Claims for compensation.--Activities funded 
                under this subsection may not be included in any claim 
                for compensation paid out by the Oil Spill Liability 
                Trust Fund after the date of enactment of this 
                subsection.

            ``(C) Coastal political subdivisions.--
                ``(i) Distribution.--In the case of a State where the 
            coastal zone includes the entire State--

                    ``(I) 75 percent of funding shall be provided 
                directly to the 8 disproportionately affected counties 
                impacted by the Deepwater Horizon oil spill; and
                    ``(II) 25 percent shall be provided directly to 
                nondisproportionately impacted counties within the 
                State.

                ``(ii) Nondisproportionately impacted counties.--The 
            total amounts made available to coastal political 
            subdivisions in the State of Florida under clause (i)(II) 
            shall be distributed according to the following weighted 
            formula:

                    ``(I) 34 percent based on the weighted average of 
                the population of the county.
                    ``(II) 33 percent based on the weighted average of 
                the county per capita sales tax collections estimated 
                for fiscal year 2012.
                    ``(III) 33 percent based on the inverse proportion 
                of the weighted average distance from the Deepwater 
                Horizon oil rig to each of the nearest and farthest 
                points of the shoreline.

            ``(D) Louisiana.--
                ``(i) In general.--Of the total amounts made available 
            to the State of Louisiana under this paragraph:

                    ``(I) 70 percent shall be provided directly to the 
                State in accordance with this subsection.
                    ``(II) 30 percent shall be provided directly to 
                parishes in the coastal zone (as defined in section 304 
                of the Coastal Zone Management Act of 1972 (16 U.S.C. 
                1453)) of the State of Louisiana according to the 
                following weighted formula:

                        ``(aa) 40 percent based on the weighted average 
                    of miles of the parish shoreline oiled.
                        ``(bb) 40 percent based on the weighted average 
                    of the population of the parish.
                        ``(cc) 20 percent based on the weighted average 
                    of the land mass of the parish.
                ``(ii) Conditions.--

                    ``(I) Land use plan.--As a condition of receiving 
                amounts allocated under this paragraph, the chief 
                executive of the eligible parish shall certify to the 
                Governor of the State that the parish has completed a 
                comprehensive land use plan.
                    ``(II) Other conditions.--A coastal political 
                subdivision receiving funding under this paragraph 
                shall meet all of the conditions in subparagraph (E).

            ``(E) Conditions.--As a condition of receiving amounts from 
        the Trust Fund, a Gulf Coast State, including the entities 
        described in subparagraph (F), or a coastal political 
        subdivision shall--
                ``(i) agree to meet such conditions, including audit 
            requirements, as the Secretary of the Treasury determines 
            necessary to ensure that amounts disbursed from the Trust 
            Fund will be used in accordance with this subsection;
                ``(ii) certify in such form and in such manner as the 
            Secretary of the Treasury determines necessary that the 
            project or program for which the Gulf Coast State or 
            coastal political subdivision is requesting amounts--

                    ``(I) is designed to restore and protect the 
                natural resources, ecosystems, fisheries, marine and 
                wildlife habitats, beaches, coastal wetlands, or 
                economy of the Gulf Coast;
                    ``(II) carries out 1 or more of the activities 
                described in clauses (i) and (ii) of subparagraph (B);
                    ``(III) was selected based on meaningful input from 
                the public, including broad-based participation from 
                individuals, businesses, and nonprofit organizations; 
                and
                    ``(IV) in the case of a natural resource protection 
                or restoration project, is based on the best available 
                science;

                ``(iii) certify that the project or program and the 
            awarding of a contract for the expenditure of amounts 
            received under this paragraph are consistent with the 
            standard procurement rules and regulations governing a 
            comparable project or program in that State, including all 
            applicable competitive bidding and audit requirements; and
                ``(iv) develop and submit a multiyear implementation 
            plan for the use of such amounts, which may include 
            milestones, projected completion of each activity, and a 
            mechanism to evaluate the success of each activity in 
            helping to restore and protect the Gulf Coast region 
            impacted by the Deepwater Horizon oil spill.
            ``(F) Approval by state entity, task force, or agency.--The 
        following Gulf Coast State entities, task forces, or agencies 
        shall carry out the duties of a Gulf Coast State pursuant to 
        this paragraph:
                ``(i) Alabama.--

                    ``(I) In general.--In the State of Alabama, the 
                Alabama Gulf Coast Recovery Council, which shall be 
                comprised of only the following:

                        ``(aa) The Governor of Alabama, who shall also 
                    serve as Chairperson and preside over the meetings 
                    of the Alabama Gulf Coast Recovery Council.
                        ``(bb) The Director of the Alabama State Port 
                    Authority, who shall also serve as Vice Chairperson 
                    and preside over the meetings of the Alabama Gulf 
                    Coast Recovery Council in the absence of the 
                    Chairperson.
                        ``(cc) The Chairman of the Baldwin County 
                    Commission.
                        ``(dd) The President of the Mobile County 
                    Commission.
                        ``(ee) The Mayor of the city of Bayou La Batre.
                        ``(ff) The Mayor of the town of Dauphin Island.
                        ``(gg) The Mayor of the city of Fairhope.
                        ``(hh) The Mayor of the city of Gulf Shores.
                        ``(ii) The Mayor of the city of Mobile.
                        ``(jj) The Mayor of the city of Orange Beach.

                    ``(II) Vote.--Each member of the Alabama Gulf Coast 
                Recovery Council shall be entitled to 1 vote.
                    ``(III) Majority vote.--All decisions of the 
                Alabama Gulf Coast Recovery Council shall be made by 
                majority vote.
                    ``(IV) Limitation on administrative expenses.--
                Administrative duties for the Alabama Gulf Coast 
                Recovery Council may only be performed by public 
                officials and employees that are subject to the ethics 
                laws of the State of Alabama.

                ``(ii) Louisiana.--In the State of Louisiana, the 
            Coastal Protection and Restoration Authority of Louisiana.
                ``(iii) Mississippi.--In the State of Mississippi, the 
            Mississippi Department of Environmental Quality.
                ``(iv) Texas.--In the State of Texas, the Office of the 
            Governor or an appointee of the Office of the Governor.
            ``(G) Compliance with eligible activities.--If the 
        Secretary of the Treasury determines that an expenditure by a 
        Gulf Coast State or coastal political subdivision of amounts 
        made available under this subsection does not meet one of the 
        activities described in clauses (i) and (ii) of subparagraph 
        (B), the Secretary shall make no additional amounts from the 
        Trust Fund available to that Gulf Coast State or coastal 
        political subdivision until such time as an amount equal to the 
        amount expended for the unauthorized use--
                ``(i) has been deposited by the Gulf Coast State or 
            coastal political subdivision in the Trust Fund; or
                ``(ii) has been authorized by the Secretary of the 
            Treasury for expenditure by the Gulf Coast State or coastal 
            political subdivision for a project or program that meets 
            the requirements of this subsection.
            ``(H) Compliance with conditions.--If the Secretary of the 
        Treasury determines that a Gulf Coast State or coastal 
        political subdivision does not meet the requirements of this 
        paragraph, including the conditions of subparagraph (E), where 
        applicable, the Secretary of the Treasury shall make no amounts 
        from the Trust Fund available to that Gulf Coast State or 
        coastal political subdivision until all conditions of this 
        paragraph are met.
            ``(I) Public input.--In meeting any condition of this 
        paragraph, a Gulf Coast State may use an appropriate procedure 
        for public consultation in that Gulf Coast State, including 
        consulting with one or more established task forces or other 
        entities, to develop recommendations for proposed projects and 
        programs that would restore and protect the natural resources, 
        ecosystems, fisheries, marine and wildlife habitats, beaches, 
        coastal wetlands, and economy of the Gulf Coast.
            ``(J) Previously approved projects and programs.--A Gulf 
        Coast State or coastal political subdivision shall be 
        considered to have met the conditions of subparagraph (E) for a 
        specific project or program if, before the date of enactment of 
        the Resources and Ecosystems Sustainability, Tourist 
        Opportunities, and Revived Economies of the Gulf Coast States 
        Act of 2012--
                ``(i) the Gulf Coast State or coastal political 
            subdivision has established conditions for carrying out 
            projects and programs that are substantively the same as 
            the conditions described in subparagraph (E); and
                ``(ii) the applicable project or program carries out 1 
            or more of the activities described in clauses (i) and (ii) 
            of subparagraph (B).
            ``(K) Local preference.--In awarding contracts to carry out 
        a project or program under this paragraph, a Gulf Coast State 
        or coastal political subdivision may give a preference to 
        individuals and companies that reside in, are headquartered in, 
        or are principally engaged in business in the State of project 
        execution.
            ``(L) Unused funds.--Funds allocated to a State or coastal 
        political subdivision under this paragraph shall remain in the 
        Trust Fund until such time as the State or coastal political 
        subdivision develops and submits a plan identifying uses for 
        those funds in accordance with subparagraph (E)(iv).
            ``(M) Judicial review.--If the Secretary of the Treasury 
        determines that a Gulf Coast State or coastal political 
        subdivision does not meet the requirements of this paragraph, 
        including the conditions of subparagraph (E), the Gulf Coast 
        State or coastal political subdivision may obtain expedited 
        judicial review within 90 days after that decision in a 
        district court of the United States, of appropriate 
        jurisdiction and venue, that is located within the State 
        seeking the review.
            ``(N) Cost-sharing.--
                ``(i) In general.--A Gulf Coast State or coastal 
            political subdivision may use, in whole or in part, amounts 
            made available under this paragraph to that Gulf Coast 
            State or coastal political subdivision to satisfy the non-
            Federal share of the cost of any project or program 
            authorized by Federal law that is an eligible activity 
            described in clauses (i) and (ii) of subparagraph (B).
                ``(ii) Effect on other funds.--The use of funds made 
            available from the Trust Fund to satisfy the non-Federal 
            share of the cost of a project or program that meets the 
            requirements of clause (i) shall not affect the priority in 
            which other Federal funds are allocated or awarded.
        ``(2) Council establishment and allocation.--
            ``(A) In general.--Of the total amount made available in 
        any fiscal year from the Trust Fund, 30 percent shall be 
        disbursed to the Council to carry out the Comprehensive Plan.
            ``(B) Council expenditures.--
                ``(i) In general.--In accordance with this paragraph, 
            the Council shall expend funds made available from the 
            Trust Fund to undertake projects and programs, using the 
            best available science, that would restore and protect the 
            natural resources, ecosystems, fisheries, marine and 
            wildlife habitats, beaches, coastal wetlands, and economy 
            of the Gulf Coast.
                ``(ii) Allocation and expenditure procedures.--The 
            Secretary of the Treasury shall develop such conditions, 
            including audit requirements, as the Secretary of the 
            Treasury determines necessary to ensure that amounts 
            disbursed from the Trust Fund to the Council to implement 
            the Comprehensive Plan will be used in accordance with this 
            paragraph.
                ``(iii) Administrative expenses.--Of the amounts 
            received by the Council under this paragraph, not more than 
            3 percent may be used for administrative expenses, 
            including staff.
            ``(C) Gulf coast ecosystem restoration council.--
                ``(i) Establishment.--There is established as an 
            independent entity in the Federal Government a council to 
            be known as the `Gulf Coast Ecosystem Restoration Council'.
                ``(ii) Membership.--The Council shall consist of the 
            following members, or in the case of a Federal agency, a 
            designee at the level of the Assistant Secretary or the 
            equivalent:

                    ``(I) The Secretary of the Interior.
                    ``(II) The Secretary of the Army.
                    ``(III) The Secretary of Commerce.
                    ``(IV) The Administrator of the Environmental 
                Protection Agency.
                    ``(V) The Secretary of Agriculture.
                    ``(VI) The head of the department in which the 
                Coast Guard is operating.
                    ``(VII) The Governor of the State of Alabama.
                    ``(VIII) The Governor of the State of Florida.
                    ``(IX) The Governor of the State of Louisiana.
                    ``(X) The Governor of the State of Mississippi.
                    ``(XI) The Governor of the State of Texas.

                ``(iii) Alternate.--A Governor appointed to the Council 
            by the President may designate an alternate to represent 
            the Governor on the Council and vote on behalf of the 
            Governor.
                ``(iv) Chairperson.--From among the Federal agency 
            members of the Council, the representatives of States on 
            the Council shall select, and the President shall appoint, 
            1 Federal member to serve as Chairperson of the Council.
                ``(v) Presidential appointment.--All Council members 
            shall be appointed by the President.
                ``(vi) Council actions.--

                    ``(I) In general.--The following actions by the 
                Council shall require the affirmative vote of the 
                Chairperson and a majority of the State members to be 
                effective:

                        ``(aa) Approval of a Comprehensive Plan and 
                    future revisions to a Comprehensive Plan.
                        ``(bb) Approval of State plans pursuant to 
                    paragraph (3)(B)(iv).
                        ``(cc) Approval of reports to Congress pursuant 
                    to clause (vii)(VII).
                        ``(dd) Approval of transfers pursuant to 
                    subparagraph (E)(ii)(I).
                        ``(ee) Other significant actions determined by 
                    the Council.

                    ``(II) Quorum.--A majority of State members shall 
                be required to be present for the Council to take any 
                significant action.
                    ``(III) Affirmative vote requirement considered 
                met.--For approval of State plans pursuant to paragraph 
                (3)(B)(iv), the certification by a State member of the 
                Council that the plan satisfies all requirements of 
                clauses (i) and (ii) of paragraph (3)(B), when joined 
                by an affirmative vote of the Federal Chairperson of 
                the Council, shall be considered to satisfy the 
                requirements for affirmative votes under subclause (I).
                    ``(IV) Public transparency.--Appropriate actions of 
                the Council, including significant actions and 
                associated deliberations, shall be made available to 
                the public via electronic means prior to any vote.

                ``(vii) Duties of council.--The Council shall--

                    ``(I) develop the Comprehensive Plan and future 
                revisions to the Comprehensive Plan;
                    ``(II) identify as soon as practicable the projects 
                that--

                        ``(aa) have been authorized prior to the date 
                    of enactment of this subsection but not yet 
                    commenced; and
                        ``(bb) if implemented quickly, would restore 
                    and protect the natural resources, ecosystems, 
                    fisheries, marine and wildlife habitats, beaches, 
                    barrier islands, dunes, and coastal wetlands of the 
                    Gulf Coast region;

                    ``(III) establish such other 1 or more advisory 
                committees as may be necessary to assist the Council, 
                including a scientific advisory committee and a 
                committee to advise the Council on public policy 
                issues;
                    ``(IV) collect and consider scientific and other 
                research associated with restoration of the Gulf Coast 
                ecosystem, including research, observation, and 
                monitoring carried out pursuant to sections 1604 and 
                1605 of the Resources and Ecosystems Sustainability, 
                Tourist Opportunities, and Revived Economies of the 
                Gulf Coast States Act of 2012;
                    ``(V) develop standard terms to include in 
                contracts for projects and programs awarded pursuant to 
                the Comprehensive Plan that provide a preference to 
                individuals and companies that reside in, are 
                headquartered in, or are principally engaged in 
                business in a Gulf Coast State;
                    ``(VI) prepare an integrated financial plan and 
                recommendations for coordinated budget requests for the 
                amounts proposed to be expended by the Federal agencies 
                represented on the Council for projects and programs in 
                the Gulf Coast States; and
                    ``(VII) submit to Congress an annual report that--

                        ``(aa) summarizes the policies, strategies, 
                    plans, and activities for addressing the 
                    restoration and protection of the Gulf Coast 
                    region;
                        ``(bb) describes the projects and programs 
                    being implemented to restore and protect the Gulf 
                    Coast region, including--
                            ``(AA) a list of each project and program;
                            ``(BB) an identification of the funding 
                        provided to projects and programs identified in 
                        subitem (AA);
                            ``(CC) an identification of each recipient 
                        for funding identified in subitem (BB); and
                            ``(DD) a description of the length of time 
                        and funding needed to complete the objectives 
                        of each project and program identified in 
                        subitem (AA);
                        ``(cc) makes such recommendations to Congress 
                    for modifications of existing laws as the Council 
                    determines necessary to implement the Comprehensive 
                    Plan;
                        ``(dd) reports on the progress on 
                    implementation of each project or program--
                            ``(AA) after 3 years of ongoing activity of 
                        the project or program, if applicable; and
                            ``(BB) on completion of the project or 
                        program;
                        ``(ee) includes the information required to be 
                    submitted under section 1605(c)(4) of the Resources 
                    and Ecosystems Sustainability, Tourist 
                    Opportunities, and Revived Economies of the Gulf 
                    Coast States Act of 2012; and
                        ``(ff) submits the reports required under item 
                    (dd) to--
                            ``(AA) the Committee on Science, Space, and 
                        Technology, the Committee on Natural Resources, 
                        the Committee on Transportation and 
                        Infrastructure, and the Committee on 
                        Appropriations of the House of Representatives; 
                        and
                            ``(BB) the Committee on Environment and 
                        Public Works, the Committee on Commerce, 
                        Science, and Transportation, the Committee on 
                        Energy and Natural Resources, and the Committee 
                        on Appropriations of the Senate.
                ``(viii) Application of federal advisory committee 
            act.--The Council, or any other advisory committee 
            established under this subparagraph, shall not be 
            considered an advisory committee under the Federal Advisory 
            Committee Act (5 U.S.C. App.).
                ``(ix) Sunset.--The authority for the Council, and any 
            other advisory committee established under this 
            subparagraph, shall terminate on the date all funds in the 
            Trust Fund have been expended.
            ``(D) Comprehensive plan.--
                ``(i) Proposed plan.--

                    ``(I) In general.--Not later than 180 days after 
                the date of enactment of the Resources and Ecosystems 
                Sustainability, Tourist Opportunities, and Revived 
                Economies of the Gulf Coast States Act of 2012, the 
                Chairperson, on behalf of the Council and after 
                appropriate public input, review, and comment, shall 
                publish a proposed plan to restore and protect the 
                natural resources, ecosystems, fisheries, marine and 
                wildlife habitats, beaches, and coastal wetlands of the 
                Gulf Coast region.
                    ``(II) Inclusions.--The proposed plan described in 
                subclause (I) shall include and incorporate the 
                findings and information prepared by the President's 
                Gulf Coast Restoration Task Force.

                ``(ii) Publication.--

                    ``(I) Initial plan.--Not later than 1 year after 
                the date of enactment of the Resources and Ecosystems 
                Sustainability, Tourist Opportunities, and Revived 
                Economies of the Gulf Coast States Act of 2012 and 
                after notice and opportunity for public comment, the 
                Chairperson, on behalf of the Council and after 
                approval by the Council, shall publish in the Federal 
                Register the initial Comprehensive Plan to restore and 
                protect the natural resources, ecosystems, fisheries, 
                marine and wildlife habitats, beaches, and coastal 
                wetlands of the Gulf Coast region.
                    ``(II) Cooperation with gulf coast restoration task 
                force.--The Council shall develop the initial 
                Comprehensive Plan in close coordination with the 
                President's Gulf Coast Restoration Task Force.
                    ``(III) Considerations.--In developing the initial 
                Comprehensive Plan and subsequent updates, the Council 
                shall consider all relevant findings, reports, or 
                research prepared or funded under section 1604 or 1605 
                of the Resources and Ecosystems Sustainability, Tourist 
                Opportunities, and Revived Economies of the Gulf Coast 
                States Act of 2012.
                    ``(IV) Contents.--The initial Comprehensive Plan 
                shall include--

                        ``(aa) such provisions as are necessary to 
                    fully incorporate in the Comprehensive Plan the 
                    strategy, projects, and programs recommended by the 
                    President's Gulf Coast Restoration Task Force;
                        ``(bb) a list of any project or program 
                    authorized prior to the date of enactment of this 
                    subsection but not yet commenced, the completion of 
                    which would further the purposes and goals of this 
                    subsection and of the Resources and Ecosystems 
                    Sustainability, Tourist Opportunities, and Revived 
                    Economies of the Gulf Coast States Act of 2012;
                        ``(cc) a description of the manner in which 
                    amounts from the Trust Fund projected to be made 
                    available to the Council for the succeeding 10 
                    years will be allocated; and
                        ``(dd) subject to available funding in 
                    accordance with clause (iii), a prioritized list of 
                    specific projects and programs to be funded and 
                    carried out during the 3-year period immediately 
                    following the date of publication of the initial 
                    Comprehensive Plan, including a table that 
                    illustrates the distribution of projects and 
                    programs by the Gulf Coast State.

                    ``(V) Plan updates.--The Council shall update--

                        ``(aa) the Comprehensive Plan every 5 years in 
                    a manner comparable to the manner established in 
                    this subparagraph for each 5-year period for which 
                    amounts are expected to be made available to the 
                    Gulf Coast States from the Trust Fund; and
                        ``(bb) the 3-year list of projects and programs 
                    described in subclause (IV)(dd) annually.
                ``(iii) Restoration priorities.--Except for projects 
            and programs described in clause (ii)(IV)(bb), in selecting 
            projects and programs to include on the 3-year list 
            described in clause (ii)(IV)(dd), based on the best 
            available science, the Council shall give highest priority 
            to projects that address 1 or more of the following 
            criteria:

                    ``(I) Projects that are projected to make the 
                greatest contribution to restoring and protecting the 
                natural resources, ecosystems, fisheries, marine and 
                wildlife habitats, beaches, and coastal wetlands of the 
                Gulf Coast region, without regard to geographic 
                location within the Gulf Coast region.
                    ``(II) Large-scale projects and programs that are 
                projected to substantially contribute to restoring and 
                protecting the natural resources, ecosystems, 
                fisheries, marine and wildlife habitats, beaches, and 
                coastal wetlands of the Gulf Coast ecosystem.
                    ``(III) Projects contained in existing Gulf Coast 
                State comprehensive plans for the restoration and 
                protection of natural resources, ecosystems, fisheries, 
                marine and wildlife habitats, beaches, and coastal 
                wetlands of the Gulf Coast region.
                    ``(IV) Projects that restore long-term resiliency 
                of the natural resources, ecosystems, fisheries, marine 
                and wildlife habitats, beaches, and coastal wetlands 
                most impacted by the Deepwater Horizon oil spill.

            ``(E) Implementation.--
                ``(i) In general.--The Council, acting through the 
            Federal agencies represented on the Council and Gulf Coast 
            States, shall expend funds made available from the Trust 
            Fund to carry out projects and programs adopted in the 
            Comprehensive Plan.
                ``(ii) Administrative responsibility.--

                    ``(I) In general.--Primary authority and 
                responsibility for each project and program included in 
                the Comprehensive Plan shall be assigned by the Council 
                to a Gulf Coast State represented on the Council or a 
                Federal agency.
                    ``(II) Transfer of amounts.--Amounts necessary to 
                carry out each project or program included in the 
                Comprehensive Plan shall be transferred by the 
                Secretary of the Treasury from the Trust Fund to that 
                Federal agency or Gulf Coast State as the project or 
                program is implemented, subject to such conditions as 
                the Secretary of the Treasury, in consultation with the 
                Secretary of the Interior and the Secretary of 
                Commerce, established pursuant to section 1602 of the 
                Resources and Ecosystems Sustainability, Tourist 
                Opportunities, and Revived Economies of the Gulf Coast 
                States Act of 2012.
                    ``(III) Limitation on transfers.--

                        ``(aa) Grants to nongovernmental entities.--In 
                    the case of funds transferred to a Federal or State 
                    agency under subclause (II), the agency shall not 
                    make 1 or more grants or cooperative agreements to 
                    a nongovernmental entity if the total amount 
                    provided to the entity would equal or exceed 10 
                    percent of the total amount provided to the agency 
                    for that particular project or program, unless the 
                    1 or more grants have been reported in accordance 
                    with item (bb).
                        ``(bb) Reporting of grantees.--At least 30 days 
                    prior to making a grant or entering into a 
                    cooperative agreement described in item (aa), the 
                    name of each grantee, including the amount and 
                    purpose of each grant or cooperative agreement, 
                    shall be published in the Federal Register and 
                    delivered to the congressional committees listed in 
                    subparagraph (C)(vii)(VII)(ff).
                        ``(cc) Annual reporting of grantees.--Annually, 
                    the name of each grantee, including the amount and 
                    purposes of each grant or cooperative agreement, 
                    shall be published in the Federal Register and 
                    delivered to Congress as part of the report 
                    submitted pursuant to subparagraph (C)(vii)(VII).

                    ``(IV) Project and program limitation.--The 
                Council, a Federal agency, or a State may not carry out 
                a project or program funded under this paragraph 
                outside of the Gulf Coast region.

            ``(F) Coordination.--The Council and the Federal members of 
        the Council may develop memoranda of understanding establishing 
        integrated funding and implementation plans among the member 
        agencies and authorities.
        ``(3) Oil spill restoration impact allocation.--
            ``(A) In general.--
                ``(i) Disbursement.--Of the total amount made available 
            from the Trust Fund, 30 percent shall be disbursed pursuant 
            to the formula in clause (ii) to the Gulf Coast States on 
            the approval of the plan described in subparagraph (B)(i).
                ``(ii) Formula.--Subject to subparagraph (B), for each 
            Gulf Coast State, the amount disbursed under this paragraph 
            shall be based on a formula established by the Council by 
            regulation that is based on a weighted average of the 
            following criteria:

                    ``(I) 40 percent based on the proportionate number 
                of miles of shoreline in each Gulf Coast State that 
                experienced oiling on or before April 10, 2011, 
                compared to the total number of miles of shoreline that 
                experienced oiling as a result of the Deepwater Horizon 
                oil spill.
                    ``(II) 40 percent based on the inverse proportion 
                of the average distance from the mobile offshore 
                drilling unit Deepwater Horizon at the time of the 
                explosion to the nearest and farthest point of the 
                shoreline that experienced oiling of each Gulf Coast 
                State.
                    ``(III) 20 percent based on the average population 
                in the 2010 decennial census of coastal counties 
                bordering the Gulf of Mexico within each Gulf Coast 
                State.

                ``(iii) Minimum allocation.--The amount disbursed to a 
            Gulf Coast State for each fiscal year under clause (ii) 
            shall be at least 5 percent of the total amounts made 
            available under this paragraph.
            ``(B) Disbursement of funds.--
                ``(i) In general.--The Council shall disburse amounts 
            to the respective Gulf Coast States in accordance with the 
            formula developed under subparagraph (A) for projects, 
            programs, and activities that will improve the ecosystems 
            or economy of the Gulf Coast region, subject to the 
            condition that each Gulf Coast State submits a plan for the 
            expenditure of amounts disbursed under this paragraph that 
            meets the following criteria:

                    ``(I) All projects, programs, and activities 
                included in the plan are eligible activities pursuant 
                to clauses (i) and (ii) of paragraph (1)(B).
                    ``(II) The projects, programs, and activities 
                included in the plan contribute to the overall economic 
                and ecological recovery of the Gulf Coast.
                    ``(III) The plan takes into consideration the 
                Comprehensive Plan and is consistent with the goals and 
                objectives of the Plan, as described in paragraph 
                (2)(B)(i).

                ``(ii) Funding.--

                    ``(I) In general.--Except as provided in subclause 
                (II), the plan described in clause (i) may use not more 
                than 25 percent of the funding made available for 
                infrastructure projects eligible under subclauses (VI) 
                and (VII) of paragraph (1)(B)(i).
                    ``(II) Exception.--The plan described in clause (i) 
                may propose to use more than 25 percent of the funding 
                made available for infrastructure projects eligible 
                under subclauses (VI) and (VII) of paragraph (1)(B)(i) 
                if the plan certifies that--

                        ``(aa) ecosystem restoration needs in the State 
                    will be addressed by the projects in the proposed 
                    plan; and
                        ``(bb) additional investment in infrastructure 
                    is required to mitigate the impacts of the 
                    Deepwater Horizon Oil Spill to the ecosystem or 
                    economy.
                ``(iii) Development.--The plan described in clause (i) 
            shall be developed by--

                    ``(I) in the State of Alabama, the Alabama Gulf 
                Coast Recovery Council established under paragraph 
                (1)(F)(i);
                    ``(II) in the State of Florida, a consortia of 
                local political subdivisions that includes at a minimum 
                1 representative of each affected county;
                    ``(III) in the State of Louisiana, the Coastal 
                Protection and Restoration Authority of Louisiana;
                    ``(IV) in the State of Mississippi, the Office of 
                the Governor or an appointee of the Office of the 
                Governor; and
                    ``(V) in the State of Texas, the Office of the 
                Governor or an appointee of the Office of the Governor.

                ``(iv) Approval.--Not later than 60 days after the date 
            on which a plan is submitted under clause (i), the Council 
            shall approve or disapprove the plan based on the 
            conditions of clause (i).
            ``(C) Disapproval.--If the Council disapproves a plan 
        pursuant to subparagraph (B)(iv), the Council shall--
                ``(i) provide the reasons for disapproval in writing; 
            and
                ``(ii) consult with the State to address any identified 
            deficiencies with the State plan.
            ``(D) Failure to submit adequate plan.--If a State fails to 
        submit an adequate plan under this paragraph, any funds made 
        available under this paragraph shall remain in the Trust Fund 
        until such date as a plan is submitted and approved pursuant to 
        this paragraph.
            ``(E) Judicial review.--If the Council fails to approve or 
        take action within 60 days on a plan, as described in 
        subparagraph (B)(iv), the State may obtain expedited judicial 
        review within 90 days of that decision in a district court of 
        the United States, of appropriate jurisdiction and venue, that 
        is located within the State seeking the review.
            ``(F) Cost-sharing.--
                ``(i) In general.--A Gulf Coast State or coastal 
            political subdivision may use, in whole or in part, amounts 
            made available to that Gulf Coast State or coastal 
            political subdivision under this paragraph to satisfy the 
            non-Federal share of any project or program that--

                    ``(I) is authorized by other Federal law; and
                    ``(II) is an eligible activity described in clause 
                (i) or (ii) of paragraph (1)(B).

                ``(ii) Effect on other funds.--The use of funds made 
            available from the Trust Fund under this paragraph to 
            satisfy the non-Federal share of the cost of a project or 
            program described in clause (i) shall not affect the 
            priority in which other Federal funds are allocated or 
            awarded.
        ``(4) Authorization of interest transfers.--Of the total amount 
    made available for any fiscal year from the Trust Fund that is 
    equal to the interest earned by the Trust Fund and proceeds from 
    investments made by the Trust Fund in the preceding fiscal year--
            ``(A) 50 percent shall be divided equally between--
                ``(i) the Gulf Coast Ecosystem Restoration Science, 
            Observation, Monitoring, and Technology program authorized 
            in section 1604 of the Resources and Ecosystems 
            Sustainability, Tourist Opportunities, and Revived 
            Economies of the Gulf Coast States Act of 2012; and
                ``(ii) the centers of excellence research grants 
            authorized in section 1605 of that Act; and
            ``(B) 50 percent shall be made available to the Gulf Coast 
        Ecosystem Restoration Council to carry out the Comprehensive 
        Plan pursuant to paragraph (2).''.
SEC. 1604. GULF COAST ECOSYSTEM RESTORATION SCIENCE, OBSERVATION, 
MONITORING, AND TECHNOLOGY PROGRAM.
    (a) Definitions.--In this section:
        (1) Administrator.--The term ``Administrator'' means the 
    Administrator of the National Oceanic and Atmospheric 
    Administration.
        (2) Commission.--The term ``Commission'' means the Gulf States 
    Marine Fisheries Commission.
        (3) Director.--The term ``Director'' means the Director of the 
    United States Fish and Wildlife Service.
        (4) Program.--The term ``program'' means the Gulf Coast 
    Ecosystem Restoration Science, Observation, Monitoring, and 
    Technology program established under this section.
    (b) Establishment of Program.--
        (1) In general.--Not later than 180 days after the date of 
    enactment of this Act, the Administrator, in consultation with the 
    Director, shall establish the Gulf Coast Ecosystem Restoration 
    Science, Observation, Monitoring, and Technology program to carry 
    out research, observation, and monitoring to support, to the 
    maximum extent practicable, the long-term sustainability of the 
    ecosystem, fish stocks, fish habitat, and the recreational, 
    commercial, and charter fishing industry in the Gulf of Mexico.
        (2) Expenditure of funds.--For each fiscal year, amounts made 
    available to carry out this subsection may be expended for, with 
    respect to the Gulf of Mexico--
            (A) marine and estuarine research;
            (B) marine and estuarine ecosystem monitoring and ocean 
        observation;
            (C) data collection and stock assessments;
            (D) pilot programs for--
                (i) fishery independent data; and
                (ii) reduction of exploitation of spawning 
            aggregations; and
            (E) cooperative research.
        (3) Cooperation with the commission.--For each fiscal year, 
    amounts made available to carry out this subsection may be 
    transferred to the Commission to establish a fisheries monitoring 
    and research program, with respect to the Gulf of Mexico.
        (4) Consultation.--The Administrator and the Director shall 
    consult with the Regional Gulf of Mexico Fishery Management Council 
    and the Commission in carrying out the program.
    (c) Species Included.--The research, monitoring, assessment, and 
programs eligible for amounts made available under the program shall 
include all marine, estuarine, aquaculture, and fish species in State 
and Federal waters of the Gulf of Mexico.
    (d) Research Priorities.--In distributing funding under this 
subsection, priority shall be given to integrated, long-term projects 
that--
        (1) build on, or are coordinated with, related research 
    activities; and
        (2) address current or anticipated marine ecosystem, fishery, 
    or wildlife management information needs.
    (e) Duplication.--In carrying out this section, the Administrator, 
in consultation with the Director, shall seek to avoid duplication of 
other research and monitoring activities.
    (f) Coordination With Other Programs.--The Administrator, in 
consultation with the Director, shall develop a plan for the 
coordination of projects and activities between the program and other 
existing Federal and State science and technology programs in the 
States of Alabama, Florida, Louisiana, Mississippi, and Texas, as well 
as between the centers of excellence.
    (g) Limitation on Expenditures.--
        (1) In general.--Not more than 3 percent of funds provided in 
    subsection (h) shall be used for administrative expenses.
        (2) NOAA.--The funds provided in subsection (h) may not be 
    used--
            (A) for any existing or planned research led by the 
        National Oceanic and Atmospheric Administration, unless agreed 
        to in writing by the grant recipient;
            (B) to implement existing regulations or initiate new 
        regulations promulgated or proposed by the National Oceanic and 
        Atmospheric Administration; or
            (C) to develop or approve a new limited access privilege 
        program (as that term is used in section 303A of the Magnuson-
        Stevens Fishery Conservation and Management Act (16 U.S.C. 
        1853a)) for any fishery under the jurisdiction of the South 
        Atlantic, Mid-Atlantic, New England, or Gulf of Mexico Fishery 
        Management Councils.
    (h) Funding.--Of the total amount made available for each fiscal 
year for the Gulf Coast Restoration Trust Fund established under 
section 1602, 2.5 percent shall be available to carry out the program.
    (i) Sunset.--The program shall cease operations when all funds in 
the Gulf Coast Restoration Trust Fund established under section 1602 
have been expended.
SEC. 1605. CENTERS OF EXCELLENCE RESEARCH GRANTS.
    (a) In General.--Of the total amount made available for each fiscal 
year from the Gulf Coast Restoration Trust Fund established under 
section 1602, 2.5 percent shall be made available to the Gulf Coast 
States (as defined in section 311(a) of the Federal Water Pollution 
Control Act (as added by section 1603 of the Resources and Ecosystems 
Sustainability, Tourist Opportunities, and Revived Economies of the 
Gulf Coast States Act of 2012)), in equal shares, exclusively for 
grants in accordance with subsection (c) to establish centers of 
excellence to conduct research only on the Gulf Coast Region (as 
defined in section 311 of the Federal Water Pollution Control Act (33. 
U.S.C. 1321)).
    (b) Approval by State Entity, Task Force, or Agency.--The duties of 
a Gulf Coast State under this section shall be carried out by the 
applicable Gulf Coast State entities, task forces, or agencies listed 
in section 311(t)(1)(F) of the Federal Water Pollution Control Act (as 
added by section 1603 of the Resources and Ecosystems Sustainability, 
Tourist Opportunities, and Revived Economies of the Gulf Coast States 
Act of 2012), and for the State of Florida, a consortium of public and 
private research institutions within the State, which shall include the 
Florida Department of Environmental Protection and the Florida Fish and 
Wildlife Conservation Commission, for that Gulf Coast State.
    (c) Grants.--
        (1) In general.--A Gulf Coast State shall use the amounts made 
    available to carry out this section to award competitive grants to 
    nongovernmental entities and consortia in the Gulf Coast region 
    (including public and private institutions of higher education) for 
    the establishment of centers of excellence as described in 
    subsection (d).
        (2) Application.--To be eligible to receive a grant under this 
    subsection, an entity or consortium described in paragraph (1) 
    shall submit to a Gulf Coast State an application at such time, in 
    such manner, and containing such information as the Gulf Coast 
    State determines to be appropriate.
        (3) Priority.--In awarding grants under this subsection, a Gulf 
    Coast State shall give priority to entities and consortia that 
    demonstrate the ability to establish the broadest cross-section of 
    participants with interest and expertise in any discipline 
    described in subsection (d) on which the proposal of the center of 
    excellence will be focused.
        (4) Reporting.--
            (A) In general.--Each Gulf Coast State shall provide 
        annually to the Gulf Coast Ecosystem Restoration Council 
        established under section 311(t)(2)(C) of the Federal Water 
        Pollution Control Act (as added by section 1603 of the 
        Resources and Ecosystems Sustainability, Tourist Opportunities, 
        and Revived Economies of the Gulf Coast States Act of 2012) 
        information regarding all grants, including the amount, 
        discipline or disciplines, and recipients of the grants, and in 
        the case of any grant awarded to a consortium, the membership 
        of the consortium.
            (B) Inclusion.--The Gulf Coast Ecosystem Restoration 
        Council shall include the information received under 
        subparagraph (A) in the annual report to Congress of the 
        Council required under section 311(t)(2)(C)(vii)(VII) of the 
        Federal Water Pollution Control Act (as added by section 1603 
        of the Resources and Ecosystems Sustainability, Tourist 
        Opportunities, and Revived Economies of the Gulf Coast States 
        Act of 2012).
    (d) Disciplines.--Each center of excellence shall focus on science, 
technology, and monitoring in at least 1 of the following disciplines:
        (1) Coastal and deltaic sustainability, restoration and 
    protection, including solutions and technology that allow citizens 
    to live in a safe and sustainable manner in a coastal delta in the 
    Gulf Coast Region.
        (2) Coastal fisheries and wildlife ecosystem research and 
    monitoring in the Gulf Coast Region.
        (3) Offshore energy development, including research and 
    technology to improve the sustainable and safe development of 
    energy resources in the Gulf of Mexico.
        (4) Sustainable and resilient growth, economic and commercial 
    development in the Gulf Coast Region.
        (5) Comprehensive observation, monitoring, and mapping of the 
    Gulf of Mexico.
SEC. 1606. EFFECT.
    (a) Definition of Deepwater Horizon Oil Spill.--In this section, 
the term ``Deepwater Horizon oil spill'' has the meaning given the term 
in section 311(a) of the Federal Water Pollution Control Act (33 U.S.C. 
1321(a)).
    (b) Effect and Application.--Nothing in this subtitle or any 
amendment made by this subtitle--
        (1) supersedes or otherwise affects any other provision of 
    Federal law, including, in particular, laws providing recovery for 
    injury to natural resources under the Oil Pollution Act of 1990 (33 
    U.S.C. 2701 et seq.) and laws for the protection of public health 
    and the environment; or
        (2) applies to any fine collected under section 311 of the 
    Federal Water Pollution Control Act (33 U.S.C. 1321) for any 
    incident other than the Deepwater Horizon oil spill.
    (c) Use of Funds.--Funds made available under this subtitle may be 
used only for eligible activities specifically authorized by this 
subtitle and the amendments made by this subtitle.
SEC. 1607. RESTORATION AND PROTECTION ACTIVITY LIMITATIONS.
    (a) Willing Seller.--Funds made available under this subtitle may 
only be used to acquire land or interests in land by purchase, 
exchange, or donation from a willing seller.
    (b) Acquisition of Federal Land.--None of the funds made available 
under this subtitle may be used to acquire land in fee title by the 
Federal Government unless--
        (1) the land is acquired by exchange or donation; or
        (2) the acquisition is necessary for the restoration and 
    protection of the natural resources, ecosystems, fisheries, marine 
    and wildlife habitats, beaches, and coastal wetlands of the Gulf 
    Coast region and has the concurrence of the Governor of the State 
    in which the acquisition will take place.
SEC. 1608. INSPECTOR GENERAL.
    The Office of the Inspector General of the Department of the 
Treasury shall have authority to conduct, supervise, and coordinate 
audits and investigations of projects, programs, and activities funded 
under this subtitle and the amendments made by this subtitle.

          TITLE II--AMERICA FAST FORWARD FINANCING INNOVATION

SEC. 2001. SHORT TITLE.
    This title may be cited as the ``America Fast Forward Financing 
Innovation Act of 2012''.
SEC. 2002. TRANSPORTATION INFRASTRUCTURE FINANCE AND INNOVATION ACT OF 
1998 AMENDMENTS.
    Sections 601 through 609 of title 23, United States Code, are 
amended to read as follows:
``Sec. 601. Generally applicable provisions
    ``(a) Definitions.--In this chapter, the following definitions 
apply:
        ``(1) Contingent commitment.--The term `contingent commitment' 
    means a commitment to obligate an amount from future available 
    budget authority that is--
            ``(A) contingent on those funds being made available in law 
        at a future date; and
            ``(B) not an obligation of the Federal Government.
        ``(2) Eligible project costs.--The term `eligible project 
    costs' means amounts substantially all of which are paid by, or for 
    the account of, an obligor in connection with a project, including 
    the cost of--
            ``(A) development phase activities, including planning, 
        feasibility analysis, revenue forecasting, environmental 
        review, permitting, preliminary engineering and design work, 
        and other preconstruction activities;
            ``(B) construction, reconstruction, rehabilitation, 
        replacement, and acquisition of real property (including land 
        relating to the project and improvements to land), 
        environmental mitigation, construction contingencies, and 
        acquisition of equipment; and
            ``(C) capitalized interest necessary to meet market 
        requirements, reasonably required reserve funds, capital 
        issuance expenses, and other carrying costs during 
        construction.
        ``(3) Federal credit instrument.--The term `Federal credit 
    instrument' means a secured loan, loan guarantee, or line of credit 
    authorized to be made available under this chapter with respect to 
    a project.
        ``(4) Investment-grade rating.--The term `investment-grade 
    rating' means a rating of BBB minus, Baa3, bbb minus, BBB (low), or 
    higher assigned by a rating agency to project obligations.
        ``(5) Lender.--The term `lender' means any non-Federal 
    qualified institutional buyer (as defined in section 230.144A(a) of 
    title 17, Code of Federal Regulations (or any successor 
    regulation), known as Rule 144A(a) of the Securities and Exchange 
    Commission and issued under the Securities Act of 1933 (15 U.S.C. 
    77a et seq.)), including--
            ``(A) a qualified retirement plan (as defined in section 
        4974(c) of the Internal Revenue Code of 1986) that is a 
        qualified institutional buyer; and
            ``(B) a governmental plan (as defined in section 414(d) of 
        the Internal Revenue Code of 1986) that is a qualified 
        institutional buyer.
        ``(6) Letter of interest.--The term `letter of interest' means 
    a letter submitted by a potential applicant prior to an application 
    for credit assistance in a format prescribed by the Secretary on 
    the website of the TIFIA program that--
            ``(A) describes the project and the location, purpose, and 
        cost of the project;
            ``(B) outlines the proposed financial plan, including the 
        requested credit assistance and the proposed obligor;
            ``(C) provides a status of environmental review; and
            ``(D) provides information regarding satisfaction of other 
        eligibility requirements of the TIFIA program.
        ``(7) Line of credit.--The term `line of credit' means an 
    agreement entered into by the Secretary with an obligor under 
    section 604 to provide a direct loan at a future date upon the 
    occurrence of certain events.
        ``(8) Limited buydown.--The term `limited buydown' means, 
    subject to the conditions described in section 603(b)(4)(C), a 
    buydown of the interest rate by the obligor if the interest rate 
    has increased between--
            ``(A)(i) the date on which a project application acceptable 
        to the Secretary is submitted; or
            ``(ii) the date on which the Secretary entered into a 
        master credit agreement; and
            ``(B) the date on which the Secretary executes the Federal 
        credit instrument.
        ``(9) Loan guarantee.--The term `loan guarantee' means any 
    guarantee or other pledge by the Secretary to pay all or part of 
    the principal of and interest on a loan or other debt obligation 
    issued by an obligor and funded by a lender.
        ``(10) Master credit agreement.--The term `master credit 
    agreement' means an agreement to extend credit assistance for a 
    program of projects secured by a common security pledge (which 
    shall receive an investment grade rating from a rating agency), or 
    for a single project covered under section 602(b)(2) that would--
            ``(A) make contingent commitments of 1 or more secured 
        loans or other Federal credit instruments at future dates, 
        subject to the availability of future funds being made 
        available to carry out this chapter;
            ``(B) establish the maximum amounts and general terms and 
        conditions of the secured loans or other Federal credit 
        instruments;
            ``(C) identify the 1 or more dedicated non-Federal revenue 
        sources that will secure the repayment of the secured loans or 
        secured Federal credit instruments;
            ``(D) provide for the obligation of funds for the secured 
        loans or secured Federal credit instruments after all 
        requirements have been met for the projects subject to the 
        master credit agreement, including--
                ``(i) completion of an environmental impact statement 
            or similar analysis required under the National 
            Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.);
                ``(ii) compliance with such other requirements as are 
            specified in section 602(c); and
                ``(iii) the availability of funds to carry out this 
            chapter; and
            ``(E) require that contingent commitments result in a 
        financial close and obligation of credit assistance not later 
        than 3 years after the date of entry into the master credit 
        agreement, or release of the commitment, unless otherwise 
        extended by the Secretary.
        ``(11) Obligor.--The term `obligor' means a party that--
            ``(A) is primarily liable for payment of the principal of 
        or interest on a Federal credit instrument; and
            ``(B) may be a corporation, partnership, joint venture, 
        trust, or governmental entity, agency, or instrumentality.
        ``(12) Project.--The term `project' means--
            ``(A) any surface transportation project eligible for 
        Federal assistance under this title or chapter 53 of title 49;
            ``(B) a project for an international bridge or tunnel for 
        which an international entity authorized under Federal or State 
        law is responsible;
            ``(C) a project for intercity passenger bus or rail 
        facilities and vehicles, including facilities and vehicles 
        owned by the National Railroad Passenger Corporation and 
        components of magnetic levitation transportation systems; and
            ``(D) a project that--
                ``(i) is a project--

                    ``(I) for a public freight rail facility or a 
                private facility providing public benefit for highway 
                users by way of direct freight interchange between 
                highway and rail carriers;
                    ``(II) for an intermodal freight transfer facility;
                    ``(III) for a means of access to a facility 
                described in subclause (I) or (II);
                    ``(IV) for a service improvement for a facility 
                described in subclause (I) or (II) (including a capital 
                investment for an intelligent transportation system); 
                or
                    ``(V) that comprises a series of projects described 
                in subclauses (I) through (IV) with the common 
                objective of improving the flow of goods;

                ``(ii) may involve the combining of private and public 
            sector funds, including investment of public funds in 
            private sector facility improvements;
                ``(iii) 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; and
                ``(iv) is composed of related highway, surface 
            transportation, transit, rail, or intermodal capital 
            improvement projects eligible for assistance under this 
            section in order to meet the eligible project cost 
            threshold under section 602, by grouping related projects 
            together for that purpose, subject to the condition that 
            the credit assistance for the projects is secured by a 
            common pledge.
        ``(13) Project obligation.--The term `project obligation' means 
    any note, bond, debenture, or other debt obligation issued by an 
    obligor in connection with the financing of a project, other than a 
    Federal credit instrument.
        ``(14) Rating agency.--The term `rating agency' means a credit 
    rating agency registered with the Securities and Exchange 
    Commission as a nationally recognized statistical rating 
    organization (as that term is defined in section 3(a) of the 
    Securities Exchange Act of 1934 (15 U.S.C. 78c(a))).
        ``(15) Rural infrastructure project.--The term `rural 
    infrastructure project' means a surface transportation 
    infrastructure project located in any area other than a city with a 
    population of more than 250,000 inhabitants within the city limits.
        ``(16) Secured loan.--The term `secured loan' means a direct 
    loan or other debt obligation issued by an obligor and funded by 
    the Secretary in connection with the financing of a project under 
    section 603.
        ``(17) State.--The term `State' has the meaning given the term 
    in section 101.
        ``(18) Subsidy amount.--The term `subsidy amount' means the 
    amount of budget authority sufficient to cover the estimated long-
    term cost to the Federal Government of a Federal credit 
    instrument--
            ``(A) calculated on a net present value basis; and
            ``(B) excluding administrative costs and any incidental 
        effects on governmental receipts or outlays in accordance with 
        the Federal Credit Reform Act of 1990 (2 U.S.C. 661 et seq.).
        ``(19) Substantial completion.--The term `substantial 
    completion' means--
            ``(A) the opening of a project to vehicular or passenger 
        traffic; or
            ``(B) a comparable event, as determined by the Secretary 
        and specified in the credit agreement.
        ``(20) TIFIA program.--The term `TIFIA program' means the 
    transportation infrastructure finance and innovation program of the 
    Department.
    ``(b) Treatment of Chapter.--For purposes of this title, this 
chapter shall be treated as being part of chapter 1.
``Sec. 602. Determination of eligibility and project selection
    ``(a) Eligibility.--
        ``(1) In general.--A project shall be eligible to receive 
    credit assistance under this chapter if--
            ``(A) the entity proposing to carry out the project submits 
        a letter of interest prior to submission of a formal 
        application for the project; and
            ``(B) the project meets the criteria described in this 
        subsection.
        ``(2) Creditworthiness.--
            ``(A) In general.--To be eligible for assistance under this 
        chapter, a project shall satisfy applicable creditworthiness 
        standards, which, at a minimum, shall include--
                ``(i) a rate covenant, if applicable;
                ``(ii) adequate coverage requirements to ensure 
            repayment;
                ``(iii) an investment grade rating from at least 2 
            rating agencies on debt senior to the Federal credit 
            instrument; and
                ``(iv) a rating from at least 2 rating agencies on the 
            Federal credit instrument, subject to the condition that, 
            with respect to clause (iii), if the total amount of the 
            senior debt and the Federal credit instrument is less than 
            $75,000,000, 1 rating agency opinion for each of the senior 
            debt and Federal credit instrument shall be sufficient.
            ``(B) Senior debt.--Notwithstanding subparagraph (A), in a 
        case in which the Federal credit instrument is the senior debt, 
        the Federal credit instrument shall be required to receive an 
        investment grade rating from at least 2 rating agencies, unless 
        the credit instrument is for an amount less than $75,000,000, 
        in which case 1 rating agency opinion shall be sufficient.
        ``(3) Inclusion in transportation plans and programs.--A 
    project shall satisfy the applicable planning and programming 
    requirements of sections 134 and 135 at such time as an agreement 
    to make available a Federal credit instrument is entered into under 
    this chapter.
        ``(4) Application.--A State, local government, public 
    authority, public-private partnership, or any other legal entity 
    undertaking the project and authorized by the Secretary shall 
    submit a project application that is acceptable to the Secretary.
        ``(5) Eligible project costs.--
            ``(A) In general.--Except as provided in subparagraph (B), 
        to be eligible for assistance under this chapter, a project 
        shall have eligible project costs that are reasonably 
        anticipated to equal or exceed the lesser of--
                ``(i)(I) $50,000,000; or
                ``(II) in the case of a rural infrastructure project, 
            $25,000,000; and
                ``(ii) 33\1/3\ percent of the amount of Federal highway 
            assistance funds apportioned for the most recently 
            completed fiscal year to the State in which the project is 
            located.
            ``(B) Intelligent transportation system projects.--In the 
        case of a project principally involving the installation of an 
        intelligent transportation system, eligible project costs shall 
        be reasonably anticipated to equal or exceed $15,000,000.
        ``(6) Dedicated revenue sources.--The applicable Federal credit 
    instrument shall be repayable, in whole or in part, from--
            ``(A) tolls;
            ``(B) user fees;
            ``(C) payments owing to the obligor under a public-private 
        partnership; or
            ``(D) other dedicated revenue sources that also secure or 
        fund the project obligations.
        ``(7) Public sponsorship of private entities.--In the case of a 
    project that is undertaken by an entity that is not a State or 
    local government or an agency or instrumentality of a State or 
    local government, the project that the entity is undertaking shall 
    be publicly sponsored as provided in paragraph (3).
        ``(8) Applications where obligor will be identified later.--A 
    State, local government, agency or instrumentality of a State or 
    local government, or public authority may submit to the Secretary 
    an application under paragraph (4), under which a private party to 
    a public-private partnership will be--
            ``(A) the obligor; and
            ``(B) identified later through completion of a procurement 
        and selection of the private party.
        ``(9) Beneficial effects.--The Secretary shall determine that 
    financial assistance for the project under this chapter will--
            ``(A) foster, if appropriate, partnerships that attract 
        public and private investment for the project;
            ``(B) enable the project to proceed at an earlier date than 
        the project would otherwise be able to proceed or reduce the 
        lifecycle costs (including debt service costs) of the project; 
        and
            ``(C) reduce the contribution of Federal grant assistance 
        for the project.
        ``(10) Project readiness.--To be eligible for assistance under 
    this chapter, the applicant shall demonstrate a reasonable 
    expectation that the contracting process for construction of the 
    project can commence by not later than 90 days after the date on 
    which a Federal credit instrument is obligated for the project 
    under this chapter.
    ``(b) Selection Among Eligible Projects.--
        ``(1) Establishment.--The Secretary shall establish a rolling 
    application process under which projects that are eligible to 
    receive credit assistance under subsection (a) shall receive credit 
    assistance on terms acceptable to the Secretary, if adequate funds 
    are available to cover the subsidy costs associated with the 
    Federal credit instrument.
        ``(2) Adequate funding not available.--If the Secretary fully 
    obligates funding to eligible projects in a fiscal year, and 
    adequate funding is not available to fund a credit instrument, a 
    project sponsor of an eligible project may elect to enter into a 
    master credit agreement and wait until the earlier of--
            ``(A) the following fiscal year; and
            ``(B) the fiscal year during which additional funds are 
        available to receive credit assistance.
        ``(3) Preliminary rating opinion letter.--The Secretary shall 
    require each project applicant to provide a preliminary rating 
    opinion letter from at least 1 rating agency--
            ``(A) indicating that the senior obligations of the 
        project, which may be the Federal credit instrument, have the 
        potential to achieve an investment-grade rating; and
            ``(B) including a preliminary rating opinion on the Federal 
        credit instrument.
    ``(c) Federal Requirements.--
        ``(1) In general.--In addition to the requirements of this 
    title for highway projects, the requirements of chapter 53 of title 
    49 for transit projects, and the requirements of section 5333(a) of 
    title 49 for rail projects, the following provisions of law shall 
    apply to funds made available under this chapter and projects 
    assisted with those funds:
            ``(A) Title VI of the Civil Rights Act of 1964 (42 U.S.C. 
        2000d et seq.).
            ``(B) The National Environmental Policy Act of 1969 (42 
        U.S.C. 4321 et seq.).
            ``(C) The Uniform Relocation Assistance and Real Property 
        Acquisition Policies Act of 1970 (42 U.S.C. 4601 et seq.).
        ``(2) NEPA.--No funding shall be obligated for a project that 
    has not received an environmental categorical exclusion, a finding 
    of no significant impact, or a record of decision under the 
    National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
    ``(d) Application Processing Procedures.--
        ``(1) Notice of complete application.--Not later than 30 days 
    after the date of receipt of an application under this section, the 
    Secretary shall provide to the applicant a written notice to inform 
    the applicant whether--
            ``(A) the application is complete; or
            ``(B) additional information or materials are needed to 
        complete the application.
        ``(2) Approval or denial of application.--Not later than 60 
    days after the date of issuance of the written notice under 
    paragraph (1), the Secretary shall provide to the applicant a 
    written notice informing the applicant whether the Secretary has 
    approved or disapproved the application.
    ``(e) Development Phase Activities.--Any credit instrument secured 
under this chapter may be used to finance up to 100 percent of the cost 
of development phase activities as described in section 601(a)(1)(A).
``Sec. 603. Secured loans
    ``(a) In General.--
        ``(1) Agreements.--Subject to paragraphs (2) and (3), the 
    Secretary may enter into agreements with 1 or more obligors to make 
    secured loans, the proceeds of which shall be used--
            ``(A) to finance eligible project costs of any project 
        selected under section 602;
            ``(B) to refinance interim construction financing of 
        eligible project costs of any project selected under section 
        602;
            ``(C) to refinance existing Federal credit instruments for 
        rural infrastructure projects; or
            ``(D) to refinance long-term project obligations or Federal 
        credit instruments, if the refinancing provides additional 
        funding capacity for the completion, enhancement, or expansion 
        of any project that--
                ``(i) is selected under section 602; or
                ``(ii) otherwise meets the requirements of section 602.
        ``(2) Limitation on refinancing of interim construction 
    financing.--A loan under paragraph (1) shall not refinance interim 
    construction financing under paragraph (1)(B) later than 1 year 
    after the date of substantial completion of the project.
        ``(3) Risk assessment.--Before entering into an agreement under 
    this subsection, the Secretary, in consultation with the Director 
    of the Office of Management and Budget, shall determine an 
    appropriate capital reserve subsidy amount for each secured loan, 
    taking into account each rating letter provided by an agency under 
    section 602(b)(3)(B).
    ``(b) Terms and Limitations.--
        ``(1) In general.--A secured loan under this section with 
    respect to a project shall be on such terms and conditions and 
    contain such covenants, representations, warranties, and 
    requirements (including requirements for audits) as the Secretary 
    determines to be appropriate.
        ``(2) Maximum amount.--The amount of a secured loan under this 
    section shall not exceed the lesser of 49 percent of the reasonably 
    anticipated eligible project costs or if the secured loan does not 
    receive an investment grade rating, the amount of the senior 
    project obligations.
        ``(3) Payment.--A secured loan under this section--
            ``(A) shall--
                ``(i) be payable, in whole or in part, from--

                    ``(I) tolls;
                    ``(II) user fees;
                    ``(III) payments owing to the obligor under a 
                public-private partnership; or
                    ``(IV) other dedicated revenue sources that also 
                secure the senior project obligations; and

                ``(ii) include a rate covenant, coverage requirement, 
            or similar security feature supporting the project 
            obligations; and
            ``(B) may have a lien on revenues described in subparagraph 
        (A), subject to any lien securing project obligations.
        ``(4) Interest rate.--
            ``(A) In general.--Except as provided in subparagraphs (B) 
        and (C), the interest rate on a secured loan under this section 
        shall be not less than the yield on United States Treasury 
        securities of a similar maturity to the maturity of the secured 
        loan on the date of execution of the loan agreement.
            ``(B) Rural infrastructure projects.--
                ``(i) In general.--The interest rate of a loan offered 
            to a rural infrastructure project under this chapter shall 
            be at \1/2\ of the Treasury Rate in effect on the date of 
            execution of the loan agreement.
                ``(ii) Application.--The rate described in clause (i) 
            shall only apply to any portion of a loan the subsidy cost 
            of which is funded by amounts set aside for rural 
            infrastructure projects under section 608(a)(3)(A).
            ``(C) Limited buydowns.--The interest rate of a secured 
        loan under this section may not be lowered by more than the 
        lower of--
                ``(i) 1\1/2\ percentage points (150 basis points); or
                ``(ii) the amount of the increase in the interest rate.
        ``(5) Maturity date.--The final maturity date of the secured 
    loan shall be the lesser of--
            ``(A) 35 years after the date of substantial completion of 
        the project; and
            ``(B) if the useful life of the capital asset being 
        financed is of a lesser period, the useful life of the asset.
        ``(6) Nonsubordination.--
            ``(A) In general.--Except as provided in subparagraph (B), 
        the secured loan shall not be subordinated to the claims of any 
        holder of project obligations in the event of bankruptcy, 
        insolvency, or liquidation of the obligor.
            ``(B) Preexisting indenture.--
                ``(i) In general.--The Secretary shall waive the 
            requirement under subparagraph (A) for a public agency 
            borrower that is financing ongoing capital programs and has 
            outstanding senior bonds under a preexisting indenture, 
            if--

                    ``(I) the secured loan is rated in the A category 
                or higher;
                    ``(II) the secured loan is secured and payable from 
                pledged revenues not affected by project performance, 
                such as a tax-backed revenue pledge or a system-backed 
                pledge of project revenues; and
                    ``(III) the TIFIA program share of eligible project 
                costs is 33 percent or less.

                ``(ii) Limitation.--If the Secretary waives the 
            nonsubordination requirement under this subparagraph--

                    ``(I) the maximum credit subsidy to be paid by the 
                Federal Government shall be not more than 10 percent of 
                the principal amount of the secured loan; and
                    ``(II) the obligor shall be responsible for paying 
                the remainder of the subsidy cost, if any.

        ``(7) Fees.--The Secretary may establish fees at a level 
    sufficient to cover all or a portion of the costs to the Federal 
    Government of making a secured loan under this section.
        ``(8) Non-federal share.--The proceeds of a secured loan under 
    this chapter may be used for any non-Federal share of project costs 
    required under this title or chapter 53 of title 49, if the loan is 
    repayable from non-Federal funds.
        ``(9) Maximum federal involvement.--The total Federal 
    assistance provided on a project receiving a loan under this 
    chapter shall not exceed 80 percent of the total project cost.
    ``(c) Repayment.--
        ``(1) Schedule.--The Secretary shall establish a repayment 
    schedule for each secured loan under this section based on--
            ``(A) the projected cash flow from project revenues and 
        other repayment sources; and
            ``(B) the useful life of the project.
        ``(2) Commencement.--Scheduled loan repayments of principal or 
    interest on a secured loan under this section shall commence not 
    later than 5 years after the date of substantial completion of the 
    project.
        ``(3) Deferred payments.--
            ``(A) In general.--If, at any time after the date of 
        substantial completion of the project, the project is unable to 
        generate sufficient revenues to pay the scheduled loan 
        repayments of principal and interest on the secured loan, the 
        Secretary may, subject to subparagraph (C), allow the obligor 
        to add unpaid principal and interest to the outstanding balance 
        of the secured loan.
            ``(B) Interest.--Any payment deferred under subparagraph 
        (A) shall--
                ``(i) continue to accrue interest in accordance with 
            subsection (b)(4) until fully repaid; and
                ``(ii) be scheduled to be amortized over the remaining 
            term of the loan.
            ``(C) Criteria.--
                ``(i) In general.--Any payment deferral under 
            subparagraph (A) shall be contingent on the project meeting 
            criteria established by the Secretary.
                ``(ii) Repayment standards.--The criteria established 
            pursuant to clause (i) shall include standards for 
            reasonable assurance of repayment.
        ``(4) Prepayment.--
            ``(A) Use of excess revenues.--Any excess revenues that 
        remain after satisfying scheduled debt service requirements on 
        the project obligations and secured loan and all deposit 
        requirements under the terms of any trust agreement, bond 
        resolution, or similar agreement securing project obligations 
        may be applied annually to prepay the secured loan without 
        penalty.
            ``(B) Use of proceeds of refinancing.--The secured loan may 
        be prepaid at any time without penalty from the proceeds of 
        refinancing from non-Federal funding sources.
    ``(d) Sale of Secured Loans.--
        ``(1) In general.--Subject to paragraph (2), as soon as 
    practicable after substantial completion of a project and after 
    notifying the obligor, the Secretary may sell to another entity or 
    reoffer into the capital markets a secured loan for the project if 
    the Secretary determines that the sale or reoffering can be made on 
    favorable terms.
        ``(2) Consent of obligor.--In making a sale or reoffering under 
    paragraph (1), the Secretary may not change the original terms and 
    conditions of the secured loan without the written consent of the 
    obligor.
    ``(e) Loan Guarantees.--
        ``(1) In general.--The Secretary may provide a loan guarantee 
    to a lender in lieu of making a secured loan under this section if 
    the Secretary determines that the budgetary cost of the loan 
    guarantee is substantially the same as that of a secured loan.
        ``(2) Terms.--The terms of a loan guarantee under paragraph (1) 
    shall be consistent with the terms required under this section for 
    a secured loan, except that the rate on the guaranteed loan and any 
    prepayment features shall be negotiated between the obligor and the 
    lender, with the consent of the Secretary.
``Sec. 604. Lines of credit
    ``(a) In General.--
        ``(1) Agreements.--Subject to paragraphs (2) through (4), the 
    Secretary may enter into agreements to make available to 1 or more 
    obligors lines of credit in the form of direct loans to be made by 
    the Secretary at future dates on the occurrence of certain events 
    for any project selected under section 602.
        ``(2) Use of proceeds.--The proceeds of a line of credit made 
    available under this section shall be available to pay debt service 
    on project obligations issued to finance eligible project costs, 
    extraordinary repair and replacement costs, operation and 
    maintenance expenses, and costs associated with unexpected Federal 
    or State environmental restrictions.
        ``(3) Risk assessment.--Before entering into an agreement under 
    this subsection, the Secretary, in consultation with the Director 
    of the Office of Management and Budget and each rating agency 
    providing a preliminary rating opinion letter under section 
    602(b)(3), shall determine an appropriate capital reserve subsidy 
    amount for each line of credit, taking into account the rating 
    opinion letter.
        ``(4) Investment-grade rating requirement.--The funding of a 
    line of credit under this section shall be contingent on the senior 
    obligations of the project receiving an investment-grade rating 
    from 2 rating agencies.
    ``(b) Terms and Limitations.--
        ``(1) In general.--A line of credit under this section with 
    respect to a project shall be on such terms and conditions and 
    contain such covenants, representations, warranties, and 
    requirements (including requirements for audits) as the Secretary 
    determines to be appropriate.
        ``(2) Maximum amounts.--The total amount of a line of credit 
    under this section shall not exceed 33 percent of the reasonably 
    anticipated eligible project costs.
        ``(3) Draws.--Any draw on a line of credit under this section 
    shall--
            ``(A) represent a direct loan; and
            ``(B) be made only if net revenues from the project 
        (including capitalized interest, but not including reasonably 
        required financing reserves) are insufficient to pay the costs 
        specified in subsection (a)(2).
        ``(4) Interest rate.--Except as provided in subparagraphs (B) 
    and (C) of section 603(b)(4), the interest rate on a direct loan 
    resulting from a draw on the line of credit shall be not less than 
    the yield on 30-year United States Treasury securities, as of the 
    date of execution of the line of credit agreement.
        ``(5) Security.--A line of credit issued under this section--
            ``(A) shall--
                ``(i) be payable, in whole or in part, from--

                    ``(I) tolls;
                    ``(II) user fees;
                    ``(III) payments owing to the obligor under a 
                public-private partnership; or
                    ``(IV) other dedicated revenue sources that also 
                secure the senior project obligations; and

                ``(ii) include a rate covenant, coverage requirement, 
            or similar security feature supporting the project 
            obligations; and
            ``(B) may have a lien on revenues described in subparagraph 
        (A), subject to any lien securing project obligations.
        ``(6) Period of availability.--The full amount of a line of 
    credit under this section, to the extent not drawn upon, shall be 
    available during the 10-year period beginning on the date of 
    substantial completion of the project.
        ``(7) Rights of third-party creditors.--
            ``(A) Against federal government.--A third-party creditor 
        of the obligor shall not have any right against the Federal 
        Government with respect to any draw on a line of credit under 
        this section.
            ``(B) Assignment.--An obligor may assign a line of credit 
        under this section to--
                ``(i) 1 or more lenders; or
                ``(ii) a trustee on the behalf of such a lender.
        ``(8) Nonsubordination.--
            ``(A) In general.--Except as provided in subparagraph (B), 
        a direct loan under this section shall not be subordinated to 
        the claims of any holder of project obligations in the event of 
        bankruptcy, insolvency, or liquidation of the obligor.
            ``(B) Pre-existing indenture.--
                ``(i) In general.--The Secretary shall waive the 
            requirement of subparagraph (A) for a public agency 
            borrower that is financing ongoing capital programs and has 
            outstanding senior bonds under a preexisting indenture, 
            if--

                    ``(I) the line of credit is rated in the A category 
                or higher;
                    ``(II) the TIFIA program loan resulting from a draw 
                on the line of credit is payable from pledged revenues 
                not affected by project performance, such as a tax-
                backed revenue pledge or a system-backed pledge of 
                project revenues; and
                    ``(III) the TIFIA program share of eligible project 
                costs is 33 percent or less.

                ``(ii) Limitation.--If the Secretary waives the 
            nonsubordination requirement under this subparagraph--

                    ``(I) the maximum credit subsidy to be paid by the 
                Federal Government shall be not more than 10 percent of 
                the principal amount of the secured loan; and
                    ``(II) the obligor shall be responsible for paying 
                the remainder of the subsidy cost.

        ``(9) Fees.--The Secretary may establish fees at a level 
    sufficient to cover all or a portion of the costs to the Federal 
    Government of providing a line of credit under this section.
        ``(10) Relationship to other credit instruments.--A project 
    that receives a line of credit under this section also shall not 
    receive a secured loan or loan guarantee under section 603 in an 
    amount that, combined with the amount of the line of credit, 
    exceeds 49 percent of eligible project costs.
    ``(c) Repayment.--
        ``(1) Terms and conditions.--The Secretary shall establish 
    repayment terms and conditions for each direct loan under this 
    section based on--
            ``(A) the projected cash flow from project revenues and 
        other repayment sources; and
            ``(B) the useful life of the asset being financed.
        ``(2) Timing.--All repayments of principal or interest on a 
    direct loan under this section shall be scheduled--
            ``(A) to commence not later than 5 years after the end of 
        the period of availability specified in subsection (b)(6); and
            ``(B) to conclude, with full repayment of principal and 
        interest, by the date that is 25 years after the end of the 
        period of availability specified in subsection (b)(6).
``Sec. 605. Program administration
    ``(a) Requirement.--The Secretary shall establish a uniform system 
to service the Federal credit instruments made available under this 
chapter.
    ``(b) Fees.--The Secretary may collect and spend fees, contingent 
on authority being provided in appropriations Acts, at a level that is 
sufficient to cover--
        ``(1) the costs of services of expert firms retained pursuant 
    to subsection (d); and
        ``(2) all or a portion of the costs to the Federal Government 
    of servicing the Federal credit instruments.
    ``(c) Servicer.--
        ``(1) In general.--The Secretary may appoint a financial entity 
    to assist the Secretary in servicing the Federal credit 
    instruments.
        ``(2) Duties.--A servicer appointed under paragraph (1) shall 
    act as the agent for the Secretary.
        ``(3) Fee.--A servicer appointed under paragraph (1) shall 
    receive a servicing fee, subject to approval by the Secretary.
    ``(d) Assistance From Expert Firms.--The Secretary may retain the 
services of expert firms, including counsel, in the field of municipal 
and project finance to assist in the underwriting and servicing of 
Federal credit instruments.
    ``(e) Expedited Processing.--The Secretary shall implement 
procedures and measures to economize the time and cost involved in 
obtaining approval and the issuance of credit assistance under this 
chapter.
``Sec. 606. State and local permits
    ``The provision of credit assistance under this chapter with 
respect to a project shall not--
        ``(1) relieve any recipient of the assistance of any obligation 
    to obtain any required State or local permit or approval with 
    respect to the project;
        ``(2) limit the right of any unit of State or local government 
    to approve or regulate any rate of return on private equity 
    invested in the project; or
        ``(3) otherwise supersede any State or local law (including any 
    regulation) applicable to the construction or operation of the 
    project.
``Sec. 607. Regulations
    ``The Secretary may promulgate such regulations as the Secretary 
determines to be appropriate to carry out this chapter.
``Sec. 608. Funding
    ``(a) Funding.--
        ``(1) Spending and borrowing authority.--Spending and borrowing 
    authority for a fiscal year to enter into Federal credit 
    instruments shall be promptly apportioned to the Secretary on a 
    fiscal-year basis.
        ``(2) Reestimates.--If the subsidy cost of a Federal credit 
    instrument is reestimated, the cost increase or decrease of the 
    reestimate shall be borne by, or benefit, the general fund of the 
    Treasury, consistent with section 504(f) the Congressional Budget 
    Act of 1974 (2 U.S.C. 661c(f)).
        ``(3) Rural set-aside.--
            ``(A) In general.--Of the total amount of funds made 
        available to carry out this chapter for each fiscal year, not 
        more than 10 percent shall be set aside for rural 
        infrastructure projects.
            ``(B) Reobligation.--Any amounts set aside under 
        subparagraph (A) that remain unobligated by June 1 of the 
        fiscal year for which the amounts were set aside shall be 
        available for obligation by the Secretary on projects other 
        than rural infrastructure projects.
        ``(4) Redistribution of authorized funding.--
            ``(A) In general.--Beginning in fiscal year 2014, on April 
        1 of each fiscal year, if the cumulative unobligated and 
        uncommitted balance of funding available exceeds 75 percent of 
        the amount made available to carry out this chapter for that 
        fiscal year, the Secretary shall distribute to the States the 
        amount of funds and associated obligation authority in excess 
        of that amount.
            ``(B) Distribution.--The amounts and obligation authority 
        distributed under this paragraph shall be distributed, in the 
        same manner as obligation authority is distributed to the 
        States for the fiscal year, based on the proportion that--
                ``(i) the relative share of each State of obligation 
            authority for the fiscal year; bears to
                ``(ii) the total amount of obligation authority 
            distributed to all States for the fiscal year.
            ``(C) Purpose.--Funds distributed under subparagraph (B) 
        shall be available for any purpose described in section 133(b).
        ``(5) Availability.--Amounts made available to carry out this 
    chapter shall remain available until expended.
        ``(6) Administrative costs.--Of the amounts made available to 
    carry out this chapter, the Secretary may use not more than 0.50 
    percent for each fiscal year for the administration of this 
    chapter.
    ``(b) Contract Authority.--
        ``(1) In general.--Notwithstanding any other provision of law, 
    execution of a term sheet by the Secretary of a Federal credit 
    instrument that uses amounts made available under this chapter 
    shall impose on the United States a contractual obligation to fund 
    the Federal credit investment.
        ``(2) Availability.--Amounts made available to carry out this 
    chapter for a fiscal year shall be available for obligation on 
    October 1 of the fiscal year.
``Sec. 609. Reports to Congress
    ``(a) In General.--On June 1, 2012, and every 2 years thereafter, 
the Secretary shall submit to Congress a report summarizing the 
financial performance of the projects that are receiving, or have 
received, assistance under this chapter (other than section 610), 
including a recommendation as to whether the objectives of this chapter 
(other than section 610) are best served by--
        ``(1) continuing the program under the authority of the 
    Secretary;
        ``(2) establishing a Federal corporation or federally sponsored 
    enterprise to administer the program; or
        ``(3) phasing out the program and relying on the capital 
    markets to fund the types of infrastructure investments assisted by 
    this chapter (other than section 610) without Federal 
    participation.
    ``(b) Application Process Report.--
        ``(1) In general.--Not later than December 1, 2012, and 
    annually thereafter, 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 includes a list of all of the letters of interest and 
    applications received from project sponsors for assistance under 
    this chapter (other than section 610) during the preceding fiscal 
    year.
        ``(2) Inclusions.--
            ``(A) In general.--Each report under paragraph (1) shall 
        include, at a minimum, a description of, with respect to each 
        letter of interest and application included in the report--
                ``(i) the date on which the letter of interest or 
            application was received;
                ``(ii) the date on which a notification was provided to 
            the project sponsor regarding whether the application was 
            complete or incomplete;
                ``(iii) the date on which a revised and completed 
            application was submitted (if applicable);
                ``(iv) the date on which a notification was provided to 
            the project sponsor regarding whether the project was 
            approved or disapproved; and
                ``(v) if the project was not approved, the reason for 
            the disapproval.
            ``(B) Correspondence.--Each report under paragraph (1) 
        shall include copies of any correspondence provided to the 
        project sponsor in accordance with section 602(d).''.

                   DIVISION B--PUBLIC TRANSPORTATION

SEC. 20001. SHORT TITLE.
    This division may be cited as the ``Federal Public Transportation 
Act of 2012''.
SEC. 20002. REPEALS.
    (a) Chapter 53.--Chapter 53 of title 49, United States Code, is 
amended by striking sections 5308, 5316, 5317, 5320, and 5328.
    (b) Transportation Equity Act for the 21st Century.--Section 3038 
of the Transportation Equity Act for the 21st Century (49 U.S.C. 5310 
note) is repealed.
    (c) SAFETEA-LU.--The following provisions are repealed:
        (1) Section 3009(i) of SAFETEA-LU (Public Law 109-59; 119 Stat. 
    1572).
        (2) Section 3011(c) of SAFETEA-LU (49 U.S.C. 5309 note).
        (3) Section 3012(b) of SAFETEA-LU (49 U.S.C. 5310 note).
        (4) Section 3045 of SAFETEA-LU (49 U.S.C. 5308 note).
        (5) Section 3046 of SAFETEA-LU (49 U.S.C. 5338 note).
SEC. 20003. POLICIES AND PURPOSES.
    Section 5301 of title 49, United States Code, is amended to read as 
follows:
``Sec. 5301. Policies and purposes
    ``(a) Declaration of Policy.--It is in the interest of the United 
States, including the economic interest of the United States, to foster 
the development and revitalization of public transportation systems 
with the cooperation of both public transportation companies and 
private companies engaged in public transportation.
    ``(b) General Purposes.--The purposes of this chapter are to--
        ``(1) provide funding to support public transportation;
        ``(2) improve the development and delivery of capital projects;
        ``(3) establish standards for the state of good repair of 
    public transportation infrastructure and vehicles;
        ``(4) promote continuing, cooperative, and comprehensive 
    planning that improves the performance of the transportation 
    network;
        ``(5) establish a technical assistance program to assist 
    recipients under this chapter to more effectively and efficiently 
    provide public transportation service;
        ``(6) continue Federal support for public transportation 
    providers to deliver high quality service to all users, including 
    individuals with disabilities, seniors, and individuals who depend 
    on public transportation;
        ``(7) support research, development, demonstration, and 
    deployment projects dedicated to assisting in the delivery of 
    efficient and effective public transportation service; and
        ``(8) promote the development of the public transportation 
    workforce.''.
SEC. 20004. DEFINITIONS.
    Section 5302 of title 49, United States Code, is amended to read as 
follows:
``Sec. 5302. Definitions
    ``Except as otherwise specifically provided, in this chapter the 
following definitions apply:
        ``(1) Associated transit improvement.--The term `associated 
    transit improvement' means, with respect to any project or an area 
    to be served by a project, projects that are designed to enhance 
    public transportation service or use and that are physically or 
    functionally related to transit facilities. Eligible projects are--
            ``(A) historic preservation, rehabilitation, and operation 
        of historic public transportation buildings, structures, and 
        facilities (including historic bus and railroad facilities) 
        intended for use in public transportation service;
            ``(B) bus shelters;
            ``(C) landscaping and streetscaping, including benches, 
        trash receptacles, and street lights;
            ``(D) pedestrian access and walkways;
            ``(E) bicycle access, including bicycle storage facilities 
        and installing equipment for transporting bicycles on public 
        transportation vehicles;
            ``(F) signage; or
            ``(G) enhanced access for persons with disabilities to 
        public transportation.
        ``(2) Bus rapid transit system.--The term `bus rapid transit 
    system' means a bus transit system--
            ``(A) in which the majority of each line operates in a 
        separated right-of-way dedicated for public transportation use 
        during peak periods; and
            ``(B) that includes features that emulate the services 
        provided by rail fixed guideway public transportation systems, 
        including--
                ``(i) defined stations;
                ``(ii) traffic signal priority for public 
            transportation vehicles;
                ``(iii) short headway bidirectional services for a 
            substantial part of weekdays and weekend days; and
                ``(iv) any other features the Secretary may determine 
            are necessary to produce high-quality public transportation 
            services that emulate the services provided by rail fixed 
            guideway public transportation systems.
        ``(3) Capital project.--The term `capital project' means a 
    project for--
            ``(A) acquiring, constructing, supervising, or inspecting 
        equipment or a facility for use in public transportation, 
        expenses incidental to the acquisition or construction 
        (including designing, engineering, location surveying, mapping, 
        and acquiring rights-of-way), payments for the capital portions 
        of rail trackage rights agreements, transit-related intelligent 
        transportation systems, relocation assistance, acquiring 
        replacement housing sites, and acquiring, constructing, 
        relocating, and rehabilitating replacement housing;
            ``(B) rehabilitating a bus;
            ``(C) remanufacturing a bus;
            ``(D) overhauling rail rolling stock;
            ``(E) preventive maintenance;
            ``(F) leasing equipment or a facility for use in public 
        transportation, subject to regulations that the Secretary 
        prescribes limiting the leasing arrangements to those that are 
        more cost-effective than purchase or construction;
            ``(G) a joint development improvement that--
                ``(i) enhances economic development or incorporates 
            private investment, such as commercial and residential 
            development;
                ``(ii)(I) enhances the effectiveness of public 
            transportation and is related physically or functionally to 
            public transportation; or
                ``(II) establishes new or enhanced coordination between 
            public transportation and other transportation;
                ``(iii) provides a fair share of revenue that will be 
            used for public transportation;
                ``(iv) provides that a person making an agreement to 
            occupy space in a facility constructed under this paragraph 
            shall pay a fair share of the costs of the facility through 
            rental payments and other means;
                ``(v) may include--

                    ``(I) property acquisition;
                    ``(II) demolition of existing structures;
                    ``(III) site preparation;
                    ``(IV) utilities;
                    ``(V) building foundations;
                    ``(VI) walkways;
                    ``(VII) pedestrian and bicycle access to a public 
                transportation facility;
                    ``(VIII) construction, renovation, and improvement 
                of intercity bus and intercity rail stations and 
                terminals;
                    ``(IX) renovation and improvement of historic 
                transportation facilities;
                    ``(X) open space;
                    ``(XI) safety and security equipment and facilities 
                (including lighting, surveillance, and related 
                intelligent transportation system applications);
                    ``(XII) facilities that incorporate community 
                services such as daycare or health care;
                    ``(XIII) a capital project for, and improving, 
                equipment or a facility for an intermodal transfer 
                facility or transportation mall; and
                    ``(XIV) construction of space for commercial uses; 
                and

                ``(vi) does not include outfitting of commercial space 
            (other than an intercity bus or rail station or terminal) 
            or a part of a public facility not related to public 
            transportation;
            ``(H) the introduction of new technology, through 
        innovative and improved products, into public transportation;
            ``(I) the provision of nonfixed route paratransit 
        transportation services in accordance with section 223 of the 
        Americans with Disabilities Act of 1990 (42 U.S.C. 12143), but 
        only for grant recipients that are in compliance with 
        applicable requirements of that Act, including both fixed route 
        and demand responsive service, and only for amounts not to 
        exceed 10 percent of such recipient's annual formula 
        apportionment under sections 5307 and 5311;
            ``(J) establishing a debt service reserve, made up of 
        deposits with a bondholder's trustee, to ensure the timely 
        payment of principal and interest on bonds issued by a grant 
        recipient to finance an eligible project under this chapter;
            ``(K) mobility management--
                ``(i) consisting of short-range planning and management 
            activities and projects for improving coordination among 
            public transportation and other transportation service 
            providers carried out by a recipient or subrecipient 
            through an agreement entered into with a person, including 
            a governmental entity, under this chapter (other than 
            section 5309); but
                ``(ii) excluding operating public transportation 
            services; or
            ``(L) associated capital maintenance, including--
                ``(i) equipment, tires, tubes, and material, each 
            costing at least .5 percent of the current fair market 
            value of rolling stock comparable to the rolling stock for 
            which the equipment, tires, tubes, and material are to be 
            used; and
                ``(ii) reconstruction of equipment and material, each 
            of which after reconstruction will have a fair market value 
            of at least .5 percent of the current fair market value of 
            rolling stock comparable to the rolling stock for which the 
            equipment and material will be used.
        ``(4) Designated recipient.--The term `designated recipient' 
    means--
            ``(A) an entity designated, in accordance with the planning 
        process under sections 5303 and 5304, by the Governor of a 
        State, responsible local officials, and publicly owned 
        operators of public transportation, to receive and apportion 
        amounts under section 5336 to urbanized areas of 200,000 or 
        more in population; or
            ``(B) a State or regional authority, if the authority is 
        responsible under the laws of a State for a capital project and 
        for financing and directly providing public transportation.
        ``(5) Disability.--The term `disability' has the same meaning 
    as in section 3(1) of the Americans with Disabilities Act of 1990 
    (42 U.S.C. 12102).
        ``(6) Emergency regulation.--The term `emergency regulation' 
    means a regulation--
            ``(A) that is effective temporarily before the expiration 
        of the otherwise specified periods of time for public notice 
        and comment under section 5334(c); and
            ``(B) prescribed by the Secretary as the result of a 
        finding that a delay in the effective date of the regulation--
                ``(i) would injure seriously an important public 
            interest;
                ``(ii) would frustrate substantially legislative policy 
            and intent; or
                ``(iii) would damage seriously a person or class 
            without serving an important public interest.
        ``(7) Fixed guideway.--The term `fixed guideway' means a public 
    transportation facility--
            ``(A) using and occupying a separate right-of-way for the 
        exclusive use of public transportation;
            ``(B) using rail;
            ``(C) using a fixed catenary system;
            ``(D) for a passenger ferry system; or
            ``(E) for a bus rapid transit system.
        ``(8) Governor.--The term `Governor'--
            ``(A) means the Governor of a State, the mayor of the 
        District of Columbia, and the chief executive officer of a 
        territory of the United States; and
            ``(B) includes the designee of the Governor.
        ``(9) Job access and reverse commute project.--
            ``(A) In general.--The term `job access and reverse commute 
        project' means a transportation project to finance planning, 
        capital, and operating costs that support the development and 
        maintenance of transportation services designed to transport 
        welfare recipients and eligible low-income individuals to and 
        from jobs and activities related to their employment, including 
        transportation projects that facilitate the provision of public 
        transportation services from urbanized areas and rural areas to 
        suburban employment locations.
            ``(B) Definitions.--In this paragraph:
                ``(i) Eligible low-income individual.--The term 
            `eligible low-income individual' means an individual whose 
            family income is at or below 150 percent of the poverty 
            line (as that term is defined in section 673(2) of the 
            Community Service Block Grant Act (42 U.S.C. 9902(2)), 
            including any revision required by that section) for a 
            family of the size involved.
                ``(ii) Welfare recipient.--The term `welfare recipient' 
            means an individual who has received assistance under a 
            State or tribal program funded under part A of title IV of 
            the Social Security Act (42 U.S.C. 601 et seq.) at any time 
            during the 3-year period before the date on which the 
            applicant applies for a grant under section 5307 or 5311.
        ``(10) Local governmental authority.--The term `local 
    governmental authority' includes--
            ``(A) a political subdivision of a State;
            ``(B) an authority of at least 1 State or political 
        subdivision of a State;
            ``(C) an Indian tribe; and
            ``(D) a public corporation, board, or commission 
        established under the laws of a State.
        ``(11) Low-income individual.--The term `low-income individual' 
    means an individual whose family income is at or below 150 percent 
    of the poverty line, as that term is defined in section 673(2) of 
    the Community Services Block Grant Act (42 U.S.C. 9902(2)), 
    including any revision required by that section, for a family of 
    the size involved.
        ``(12) Net project cost.--The term `net project cost' means the 
    part of a project that reasonably cannot be financed from revenues.
        ``(13) New bus model.--The term `new bus model' means a bus 
    model (including a model using alternative fuel)--
            ``(A) that has not been used in public transportation in 
        the United States before the date of production of the model; 
        or
            ``(B) used in public transportation in the United States, 
        but being produced with a major change in configuration or 
        components.
        ``(14) Public transportation.--The term `public 
    transportation'--
            ``(A) means regular, continuing shared-ride surface 
        transportation services that are open to the general public or 
        open to a segment of the general public defined by age, 
        disability, or low income; and
            ``(B) does not include--
                ``(i) intercity passenger rail transportation provided 
            by the entity described in chapter 243 (or a successor to 
            such entity);
                ``(ii) intercity bus service;
                ``(iii) charter bus service;
                ``(iv) school bus service;
                ``(v) sightseeing service;
                ``(vi) courtesy shuttle service for patrons of one or 
            more specific establishments; or
                ``(vii) intra-terminal or intra-facility shuttle 
            services.
        ``(15) Regulation.--The term `regulation' means any part of a 
    statement of general or particular applicability of the Secretary 
    designed to carry out, interpret, or prescribe law or policy in 
    carrying out this chapter.
        ``(16) Rural area.--The term `rural area' means an area 
    encompassing a population of less than 50,000 people that has not 
    been designated in the most recent decennial census as an 
    `urbanized area' by the Secretary of Commerce.
        ``(17) Secretary.--The term `Secretary' means the Secretary of 
    Transportation.
        ``(18) Senior.--The term `senior' means an individual who is 65 
    years of age or older.
        ``(19) State.--The term `State' means a State of the United 
    States, the District of Columbia, Puerto Rico, the Northern Mariana 
    Islands, Guam, American Samoa, and the Virgin Islands.
        ``(20) State of good repair.--The term `state of good repair' 
    has the meaning given that term by the Secretary, by rule, under 
    section 5326(b).
        ``(21) Transit.--The term `transit' means public 
    transportation.
        ``(22) Urban area.--The term `urban area' means an area that 
    includes a municipality or other built-up place that the Secretary, 
    after considering local patterns and trends of urban growth, 
    decides is appropriate for a local public transportation system to 
    serve individuals in the locality.
        ``(23) Urbanized area.--The term `urbanized area' means an area 
    encompassing a population of not less than 50,000 people that has 
    been defined and designated in the most recent decennial census as 
    an `urbanized area' by the Secretary of Commerce.''.
SEC. 20005. METROPOLITAN TRANSPORTATION PLANNING.
    (a) Amendment.--Section 5303 of title 49, United States Code, is 
amended to read as follows:
``Sec. 5303. 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 by the 
    planning factors identified in subsection (h) and section 5304(d).
    ``(b) Definitions.--In this section and section 5304, 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 5304(l).
        ``(6) TIP.--The term `TIP' means a transportation improvement 
    program developed by a metropolitan planning organization under 
    subsection (j).
        ``(7) Urbanized area.--The term `urbanized area' means a 
    geographic area with a population of 50,000 or more, as determined 
    by the Bureau of the Census.
    ``(c) General Requirements.--
        ``(1) Development of long-range plans and tips.--To accomplish 
    the objectives in subsection (a), metropolitan planning 
    organizations designated under subsection (d), in cooperation with 
    the State and public transportation operators, shall develop long-
    range transportation plans and transportation improvement programs 
    through a performance-driven, outcome-based approach to planning 
    for metropolitan areas of the State.
        ``(2) Contents.--The plans and TIPs for each metropolitan area 
    shall provide for the development and integrated management and 
    operation of transportation systems and facilities (including 
    accessible pedestrian walkways 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--
            ``(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 the Federal Public Transportation Act of 2012, 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--
            ``(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.
        ``(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 under this chapter or title 
    23, 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 this chapter;
                ``(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 of 
            title 23.
    ``(h) Scope of Planning Process.--
        ``(1) In general.--The metropolitan planning process for a 
    metropolitan planning area under this section shall provide for 
    consideration of projects and strategies that will--
            ``(A) support the economic vitality of the metropolitan 
        area, especially by enabling global competitiveness, 
        productivity, and efficiency;
            ``(B) increase the safety of the transportation system for 
        motorized and nonmotorized users;
            ``(C) increase the security of the transportation system 
        for motorized and nonmotorized users;
            ``(D) increase the accessibility and mobility of people and 
        for freight;
            ``(E) protect and enhance the environment, promote energy 
        conservation, improve the quality of life, and promote 
        consistency between transportation improvements and State and 
        local planned growth and economic development patterns;
            ``(F) enhance the integration and connectivity of the 
        transportation system, across and between modes, for people and 
        freight;
            ``(G) promote efficient system management and operation; 
        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 title 
        23 and the general purposes described in section 5301.
            ``(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) of title 23, 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).
            ``(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 by 
        recipients of assistance under this chapter, 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 chapter, title 23, 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--
                ``(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 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) of title 23, 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 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 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 chapter and title 23.--A TIP 
        developed under this subsection for a metropolitan area shall 
        include the projects within the area that are proposed for 
        funding under this chapter and chapter 1 of title 23.
            ``(B) Projects under chapter 2 of title 23.--
                ``(i) Regionally significant projects.--Regionally 
            significant projects proposed for funding under chapter 2 
            of title 23 shall be identified individually in the 
            transportation improvement program.
                ``(ii) Other projects.--Projects proposed for funding 
            under chapter 2 of title 23 that are not determined to be 
            regionally significant shall be grouped in 1 line item or 
            identified individually in the transportation improvement 
            program.
            ``(C) Consistency with long-range transportation plan.--
        Each project shall be consistent with the long-range 
        transportation plan developed under subsection (i) for the 
        area.
            ``(D) Requirement of anticipated full funding.--The program 
        shall include a project, or an identified phase of a project, 
        only if full funding can reasonably be anticipated to be 
        available for the project or the identified phase within the 
        time period contemplated for completion of the project or the 
        identified phase.
        ``(4) Notice and comment.--Before approving a TIP, a 
    metropolitan planning organization, in cooperation with the State 
    and any affected public transportation operator, shall provide an 
    opportunity for participation by interested parties in the 
    development of the program, in accordance with subsection (i)(5).
        ``(5) Selection of projects.--
            ``(A) In general.--Except as otherwise provided in 
        subsection (k)(4) and in addition to the TIP development 
        required under paragraph (1), the selection of Federally funded 
        projects in metropolitan areas shall be carried out, from the 
        approved TIP--
                ``(i) by--

                    ``(I) in the case of projects under title 23, the 
                State; and
                    ``(II) in the case of projects under this chapter, 
                the designated recipients of public transportation 
                funding; and

                ``(ii) in cooperation with the metropolitan planning 
            organization.
            ``(B) Modifications to project priority.--Notwithstanding 
        any other provision of law, action by the Secretary shall not 
        be required to advance a project included in the approved TIP 
        in place of another project in the program.
        ``(6) Selection of projects from illustrative list.--
            ``(A) No required selection.--Notwithstanding paragraph 
        (2)(B)(iv), a State or metropolitan planning organization shall 
        not be required to select any project from the illustrative 
        list of additional projects included in the financial plan 
        under paragraph (2)(B)(iv).
            ``(B) Required action by the secretary.--Action by the 
        Secretary shall be required for a State or metropolitan 
        planning organization to select any project from the 
        illustrative list of additional projects included in the 
        financial plan under paragraph (2)(B)(iv) for inclusion in an 
        approved TIP.
        ``(7) Publication.--
            ``(A) Publication of tips.--A TIP involving Federal 
        participation shall be published or otherwise made readily 
        available by the metropolitan planning organization for public 
        review.
            ``(B) Publication of annual listings of projects.--
                ``(i) In general.--An annual listing of projects, 
            including investments in pedestrian walkways and bicycle 
            transportation facilities, for which Federal funds have 
            been obligated in the preceding year shall be published or 
            otherwise made available by the cooperative effort of the 
            State, transit operator, and metropolitan planning 
            organization for public review.
                ``(ii) Requirement.--The listing shall be consistent 
            with the categories identified in the TIP.
    ``(k) Transportation Management Areas.--
        ``(1) Identification and designation.--
            ``(A) Required identification.--The Secretary shall 
        identify as a transportation management area each urbanized 
        area (as defined by the Bureau of the Census) with a population 
        of over 200,000 individuals.
            ``(B) Designations on request.--The Secretary shall 
        designate any additional area as a transportation management 
        area on the request of the Governor and the metropolitan 
        planning organization designated for the area.
        ``(2) Transportation plans.--In a transportation management 
    area, transportation plans shall be based on a continuing and 
    comprehensive transportation planning process carried out by the 
    metropolitan planning organization in cooperation with the State 
    and public transportation operators.
        ``(3) Congestion management process.--
            ``(A) In general.--Within a metropolitan planning area 
        serving a transportation management area, the transportation 
        planning process under this section shall address congestion 
        management through a process that provides for effective 
        management and operation, based on a cooperatively developed 
        and implemented metropolitan-wide strategy, of new and existing 
        transportation facilities eligible for funding under this 
        chapter and title 23 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 title 23 
        (excluding projects carried out on the National Highway System) 
        or under this chapter shall be selected for implementation from 
        the approved TIP by the metropolitan planning organization 
        designated for the area in consultation with the State and any 
        affected public transportation operator.
            ``(B) National highway system projects.--Projects carried 
        out within the boundaries of a metropolitan planning area 
        serving a transportation management area on the National 
        Highway System shall be selected for implementation from the 
        approved TIP by the State in cooperation with the metropolitan 
        planning organization designated for the area.
        ``(5) Certification.--
            ``(A) In general.--The Secretary shall--
                ``(i) ensure that the metropolitan planning process of 
            a metropolitan planning organization serving a 
            transportation management area is being carried out in 
            accordance with applicable provisions of Federal law; and
                ``(ii) subject to subparagraph (B), certify, not less 
            often than once every 4 years, that the requirements of 
            this paragraph are met with respect to the metropolitan 
            planning process.
            ``(B) Requirements for certification.--The Secretary may 
        make the certification under subparagraph (A) if--
                ``(i) the transportation planning process complies with 
            the requirements of this section and other applicable 
            requirements of Federal law; and
                ``(ii) there is a TIP for the metropolitan planning 
            area that has been approved by the metropolitan planning 
            organization and the Governor.
            ``(C) Effect of failure to certify.--
                ``(i) Withholding of project funds.--If a metropolitan 
            planning process of a metropolitan planning organization 
            serving a transportation management area is not certified, 
            the Secretary may withhold up to 20 percent of the funds 
            attributable to the metropolitan planning area of the 
            metropolitan planning organization for projects funded 
            under this chapter and title 23.
                ``(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 Federal Public Transportation Act of 2012, 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 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 
    chapter or title 23, 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 
chapter or title 23.
    ``(p) Funding.--Funds set aside under section 104(f) of title 23 or 
section 5305(g) 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) Pilot Program for Transit-oriented Development Planning.--
        (1) Definitions.--In this subsection the following definitions 
    shall apply:
            (A) Eligible project.--The term ``eligible project'' means 
        a new fixed guideway capital project or a core capacity 
        improvement project, as those terms are defined in section 5309 
        of title 49, United States Code, as amended by this division.
            (B) Secretary.--The term ``Secretary'' means the Secretary 
        of Transportation.
        (2) General authority.--The Secretary may make grants under 
    this subsection to a State or local governmental authority to 
    assist in financing comprehensive planning associated with an 
    eligible project that seeks to--
            (A) enhance economic development, ridership, and other 
        goals established during the project development and 
        engineering processes;
            (B) facilitate multimodal connectivity and accessibility;
            (C) increase access to transit hubs for pedestrian and 
        bicycle traffic;
            (D) enable mixed-use development;
            (E) identify infrastructure needs associated with the 
        eligible project; and
            (F) include private sector participation.
        (3) Eligibility.--A State or local governmental authority that 
    desires to participate in the program under this subsection shall 
    submit to the Secretary an application that contains, at a 
    minimum--
            (A) identification of an eligible project;
            (B) a schedule and process for the development of a 
        comprehensive plan;
            (C) a description of how the eligible project and the 
        proposed comprehensive plan advance the metropolitan 
        transportation plan of the metropolitan planning organization;
            (D) proposed performance criteria for the development and 
        implementation of the comprehensive plan; and
            (E) identification of--
                (i) partners;
                (ii) availability of and authority for funding; and
                (iii) potential State, local or other impediments to 
            the implementation of the comprehensive plan.
SEC. 20006. STATEWIDE AND NONMETROPOLITAN TRANSPORTATION PLANNING.
    Section 5304 of title 49, United States Code, is amended to read as 
follows:
``Sec. 5304. Statewide and nonmetropolitan transportation planning
    ``(a) General Requirements.--
        ``(1) Development of plans and programs.--Subject to section 
    5303, to accomplish the objectives stated in section 5303(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 5303(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 
    5303 for metropolitan areas of the State and with statewide trade 
    and economic development planning activities and related multistate 
    planning efforts; and
        ``(2) develop the transportation portion of the State 
    implementation plan as required by the Clean Air Act (42 U.S.C. 
    7401 et seq.).
    ``(c) Interstate Agreements.--
        ``(1) In general.--Two or more States may enter into agreements 
    or compacts, not in conflict with any law of the United States, for 
    cooperative efforts and mutual assistance in support of activities 
    authorized under this section related to interstate areas and 
    localities in the States and establishing authorities the States 
    consider desirable for making the agreements and compacts 
    effective.
        ``(2) Reservation of rights.--The right to alter, amend, or 
    repeal interstate compacts entered into under this subsection is 
    expressly reserved.
    ``(d) Scope of Planning Process.--
        ``(1) In general.--Each State shall carry out a statewide 
    transportation planning process that provides for consideration and 
    implementation of projects, strategies, and services that will--
            ``(A) support the economic vitality of the United States, 
        the States, nonmetropolitan areas, and metropolitan areas, 
        especially by enabling global competitiveness, productivity, 
        and efficiency;
            ``(B) increase the safety of the transportation system for 
        motorized and nonmotorized users;
            ``(C) increase the security of the transportation system 
        for motorized and nonmotorized users;
            ``(D) increase the accessibility and mobility of people and 
        freight;
            ``(E) protect and enhance the environment, promote energy 
        conservation, improve the quality of life, and promote 
        consistency between transportation improvements and State and 
        local planned growth and economic development patterns;
            ``(F) enhance the integration and connectivity of the 
        transportation system, across and between modes throughout the 
        State, for people and freight;
            ``(G) promote efficient system management and operation; 
        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 title 
        23 and the general purposes described in section 5301.
            ``(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) of title 23, 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 with a population of fewer than 200,000 
            individuals, as calculated according to the most recent 
            decennial census, and 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).
            ``(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 title 23 by providers of public transportation in 
        urbanized areas with a population of fewer than 200,000 
        individuals, as calculated according to the most recent 
        decennial census, and not represented by a metropolitan 
        planning organization, required as part of a performance-based 
        program.
            ``(D) Use of performance measures and targets.--The 
        performance measures and targets established under this 
        paragraph shall be considered by a State when developing 
        policies, programs, and investment priorities reflected in the 
        statewide transportation plan and statewide transportation 
        improvement program.
        ``(3) Failure to consider factors.--The failure to take into 
    consideration the factors specified in paragraphs (1) and (2) shall 
    not be subject to review by any court under this chapter, title 23, 
    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 (l);
        ``(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 5303.
            ``(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 (l).
                ``(ii) Role of secretary.--The Secretary shall not 
            review or approve the consultation process in each State.
            ``(C) Indian tribal areas.--With respect to each area of 
        the State under the jurisdiction of an Indian tribal 
        government, the statewide transportation plan shall be 
        developed in consultation with the tribal government and the 
        Secretary of the Interior.
            ``(D) Consultation, comparison, and consideration.--
                ``(i) In general.--The long-range transportation plan 
            shall be developed, as appropriate, in consultation with 
            State, tribal, and local agencies responsible for land use 
            management, natural resources, environmental protection, 
            conservation, and historic preservation.
                ``(ii) Comparison and consideration.--Consultation 
            under clause (i) shall involve comparison of transportation 
            plans to State and tribal conservation plans or maps, if 
            available, and comparison of transportation plans to 
            inventories of natural or historic resources, if available.
        ``(3) Participation by interested parties.--
            ``(A) In general.--In developing the statewide 
        transportation plan, the State shall provide to--
                ``(i) nonmetropolitan local elected officials, or, if 
            applicable, through regional transportation planning 
            organizations described in subsection (l), 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
                ``(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 5303.
            ``(B) Nonmetropolitan areas.--
                ``(i) In general.--With respect to each nonmetropolitan 
            area in the State, the program shall be developed in 
            cooperation with affected nonmetropolitan local officials 
            with responsibility for transportation or, if applicable, 
            through regional transportation planning organizations 
            described in subsection (l).
                ``(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 
            of title 23 shall be identified individually in the 
            transportation improvement program.
                ``(ii) Other projects.--Projects proposed for funding 
            under chapter 2 of title 23 that are not determined to be 
            regionally significant shall be grouped in 1 line item or 
            identified individually in the transportation improvement 
            program.
            ``(D) Consistency with statewide transportation plan.--Each 
        project shall be--
                ``(i) consistent with the statewide transportation plan 
            developed under this section for the State;
                ``(ii) identical to the project or phase of the project 
            as described in an approved metropolitan transportation 
            plan; and
                ``(iii) in conformance with the applicable State air 
            quality implementation plan developed under the Clean Air 
            Act (42 U.S.C. 7401 et seq.), if the project is carried out 
            in an area designated as a nonattainment area for ozone, 
            particulate matter, or carbon monoxide under part D of 
            title I of that Act (42 U.S.C. 7501 et seq.).
            ``(E) Requirement of anticipated full funding.--The 
        transportation improvement program shall include a project, or 
        an identified phase of a project, only if full funding can 
        reasonably be anticipated to be available for the project 
        within the time period contemplated for completion of the 
        project.
            ``(F) Financial plan.--
                ``(i) In general.--The transportation improvement 
            program may include a financial plan that demonstrates how 
            the approved transportation improvement program can be 
            implemented, indicates resources from public and private 
            sources that are reasonably expected to be made available 
            to carry out the transportation improvement program, and 
            recommends any additional financing strategies for needed 
            projects and programs.
                ``(ii) Additional projects.--The financial plan may 
            include, for illustrative purposes, additional projects 
            that would be included in the adopted transportation plan 
            if reasonable additional resources beyond those identified 
            in the financial plan were available.
            ``(G) Selection of projects from illustrative list.--
                ``(i) No required selection.--Notwithstanding 
            subparagraph (F), a State shall not be required to select 
            any project from the illustrative list of additional 
            projects included in the financial plan under subparagraph 
            (F).
                ``(ii) Required action by the secretary.--Action by the 
            Secretary shall be required for a State to select any 
            project from the illustrative list of additional projects 
            included in the financial plan under subparagraph (F) for 
            inclusion in an approved transportation improvement 
            program.
            ``(H) Priorities.--The transportation improvement program 
        shall reflect the priorities for programming and expenditures 
        of funds, including transportation enhancement activities, 
        required by this chapter and title 23.
        ``(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 title 23 or under sections 5310 and 
        5311 of this chapter), by the State in cooperation with the 
        affected nonmetropolitan local officials with responsibility 
        for transportation or, if applicable, through regional 
        transportation planning organizations described in subsection 
        (l).
            ``(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 title 23 or under sections 5310 and 
        5311 of this chapter 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 5303.
        ``(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 Federal Public Transportation Act of 2012, the 
        Secretary shall submit to Congress a report evaluating--
                ``(i) the overall effectiveness of performance-based 
            planning as a tool for guiding transportation investments; 
            and
                ``(ii) the effectiveness of the performance-based 
            planning process of each State.
            ``(B) Publication.--The report under subparagraph (A) shall 
        be published or otherwise made available in electronically 
        accessible formats and means, including on the Internet.
    ``(i) Treatment of Certain State Laws as Congestion Management 
Processes.--For purposes of this section and section 5303, and sections 
134 and 135 of title 23, State laws, rules, or regulations pertaining 
to congestion management systems or programs may constitute the 
congestion management process under this this section and section 5303, 
and sections 134 and 135 of title 23, 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 5303, and sections 
134 and 135 of title 23, as appropriate.
    ``(j) 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.).
    ``(k) 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.
    ``(l) Designation of Regional Transportation Planning 
Organizations.--
        ``(1) In general.--To carry out the transportation planning 
    process required by this section, a State may establish and 
    designate regional transportation planning organizations to enhance 
    the planning, coordination, and implementation of statewide 
    strategic long-range transportation plans and transportation 
    improvement programs, with an emphasis on addressing the needs of 
    nonmetropolitan areas of the State.
        ``(2) Structure.--A regional transportation planning 
    organization shall be established as a multijurisdictional 
    organization of nonmetropolitan local officials or their designees 
    who volunteer for such organization and representatives of local 
    transportation systems who volunteer for such organization.
        ``(3) Requirements.--A regional transportation planning 
    organization shall establish, at a minimum--
            ``(A) a policy committee, the majority of which shall 
        consist of nonmetropolitan local officials, or their designees, 
        and, as appropriate, additional representatives from the State, 
        private business, transportation service providers, economic 
        development practitioners, and the public in the region; and
            ``(B) a fiscal and administrative agent, such as an 
        existing regional planning and development organization, to 
        provide professional planning, management, and administrative 
        support.
        ``(4) Duties.--The duties of a regional transportation planning 
    organization shall include--
            ``(A) developing and maintaining, in cooperation with the 
        State, regional long-range multimodal transportation plans;
            ``(B) developing a regional transportation improvement 
        program for consideration by the State;
            ``(C) fostering the coordination of local planning, land 
        use, and economic development plans with State, regional, and 
        local transportation plans and programs;
            ``(D) providing technical assistance to local officials;
            ``(E) 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.''.
SEC. 20007. URBANIZED AREA FORMULA GRANTS.
    Section 5307 of title 49, United States Code, is amended to read as 
follows:
``Sec. 5307. Urbanized area formula grants
    ``(a) General Authority.--
        ``(1) Grants.--The Secretary may make grants under this section 
    for--
            ``(A) capital projects;
            ``(B) planning;
            ``(C) job access and reverse commute projects; and
            ``(D) operating costs of equipment and facilities for use 
        in public transportation in an urbanized area with a population 
        of fewer than 200,000 individuals, as determined by the Bureau 
        of the Census.
        ``(2) Special rule.--The Secretary may make grants under this 
    section to finance the operating cost of equipment and facilities 
    for use in public transportation, excluding rail fixed guideway, in 
    an urbanized area with a population of not fewer than 200,000 
    individuals, as determined by the Bureau of the Census--
            ``(A) for public transportation systems that operate 75 or 
        fewer buses in fixed route service during peak service hours, 
        in an amount not to exceed 75 percent of the share of the 
        apportionment which is attributable to such systems within the 
        urbanized area, as measured by vehicle revenue hours; and
            ``(B) for public transportation systems that operate a 
        minimum of 76 buses and a maximum of 100 buses in fixed route 
        service during peak service hours, in an amount not to exceed 
        50 percent of the share of the apportionment which is 
        attributable to such systems within the urbanized area, as 
        measured by vehicle revenue hours.
    ``(b) Program of Projects.--Each recipient of a grant shall--
        ``(1) make available to the public information on amounts 
    available to the recipient under this section;
        ``(2) develop, in consultation with interested parties, 
    including private transportation providers, a proposed program of 
    projects for activities to be financed;
        ``(3) publish a proposed program of projects in a way that 
    affected individuals, private transportation providers, and local 
    elected officials have the opportunity to examine the proposed 
    program and submit comments on the proposed program and the 
    performance of the recipient;
        ``(4) provide an opportunity for a public hearing in which to 
    obtain the views of individuals on the proposed program of 
    projects;
        ``(5) ensure that the proposed program of projects provides for 
    the coordination of public transportation services assisted under 
    section 5336 of this title with transportation services assisted 
    from other United States Government sources;
        ``(6) consider comments and views received, especially those of 
    private transportation providers, in preparing the final program of 
    projects; and
        ``(7) make the final program of projects available to the 
    public.
    ``(c) Grant Recipient Requirements.--A recipient may receive a 
grant in a fiscal year only if--
        ``(1) the recipient, within the time the Secretary prescribes, 
    submits a final program of projects prepared under subsection (b) 
    of this section and a certification for that fiscal year that the 
    recipient (including a person receiving amounts from a Governor 
    under this section)--
            ``(A) has or will have the legal, financial, and technical 
        capacity to carry out the program, including safety and 
        security aspects of the program;
            ``(B) has or will have satisfactory continuing control over 
        the use of equipment and facilities;
            ``(C) will maintain equipment and facilities;
            ``(D) will ensure that, during non-peak hours for 
        transportation using or involving a facility or equipment of a 
        project financed under this section, a fare that is not more 
        than 50 percent of the peak hour fare will be charged for any--
                ``(i) senior;
                ``(ii) individual who, because of illness, injury, age, 
            congenital malfunction, or other incapacity or temporary or 
            permanent disability (including an individual who is a 
            wheelchair user or has semiambulatory capability), cannot 
            use a public transportation service or a public 
            transportation facility effectively without special 
            facilities, planning, or design; and
                ``(iii) individual presenting a Medicare card issued to 
            that individual under title II or XVIII of the Social 
            Security Act (42 U.S.C. 401 et seq. and 1395 et seq.);
            ``(E) in carrying out a procurement under this section, 
        will comply with sections 5323 and 5325;
            ``(F) has complied with subsection (b) of this section;
            ``(G) has available and will provide the required amounts 
        as provided by subsection (d) of this section;
            ``(H) will comply with sections 5303 and 5304;
            ``(I) has a locally developed process to solicit and 
        consider public comment before raising a fare or carrying out a 
        major reduction of transportation;
            ``(J)(i) will expend for each fiscal year for public 
        transportation security projects, including increased lighting 
        in or adjacent to a public transportation system (including bus 
        stops, subway stations, parking lots, and garages), increased 
        camera surveillance of an area in or adjacent to that system, 
        providing an emergency telephone line to contact law 
        enforcement or security personnel in an area in or adjacent to 
        that system, and any other project intended to increase the 
        security and safety of an existing or planned public 
        transportation system, at least 1 percent of the amount the 
        recipient receives for each fiscal year under section 5336 of 
        this title; or
            ``(ii) has decided that the expenditure for security 
        projects is not necessary;
            ``(K) in the case of a recipient for an urbanized area with 
        a population of not fewer than 200,000 individuals, as 
        determined by the Bureau of the Census--
                ``(i) will expend not less than 1 percent of the amount 
            the recipient receives each fiscal year under this section 
            for associated transit improvements, as defined in section 
            5302; and
                ``(ii) will submit an annual report listing projects 
            carried out in the preceding fiscal year with those funds; 
            and
            ``(L) will comply with section 5329(d); and
        ``(2) the Secretary accepts the certification.
    ``(d) Government Share of Costs.--
        ``(1) Capital projects.--A grant for a capital project under 
    this section shall be for 80 percent of the net project cost of the 
    project. The recipient may provide additional local matching 
    amounts.
        ``(2) Operating expenses.--A grant for operating expenses under 
    this section may not exceed 50 percent of the net project cost of 
    the project.
        ``(3) Remaining costs.--Subject to paragraph (4), the remainder 
    of the net project costs shall be provided--
            ``(A) in cash from non-Government sources other than 
        revenues from providing public transportation services;
            ``(B) from revenues from the sale of advertising and 
        concessions;
            ``(C) from an undistributed cash surplus, a replacement or 
        depreciation cash fund or reserve, or new capital;
            ``(D) from amounts appropriated or otherwise made available 
        to a department or agency of the Government (other than the 
        Department of Transportation) that are eligible to be expended 
        for transportation; and
            ``(E) from amounts received under a service agreement with 
        a State or local social service agency or private social 
        service organization.
        ``(4) Use of certain funds.--For purposes of subparagraphs (D) 
    and (E) of paragraph (3), the prohibitions on the use of funds for 
    matching requirements under section 403(a)(5)(C)(vii) of the Social 
    Security Act (42 U.S.C. 603(a)(5)(C)(vii)) shall not apply to 
    Federal or State funds to be used for transportation purposes.
    ``(e) Undertaking Projects in Advance.--
        ``(1) Payment.--The Secretary may pay the Government share of 
    the net project cost to a State or local governmental authority 
    that carries out any part of a project eligible under subparagraph 
    (A) or (B) of subsection (a)(1) without the aid of amounts of the 
    Government and according to all applicable procedures and 
    requirements if--
            ``(A) the recipient applies for the payment;
            ``(B) the Secretary approves the payment; and
            ``(C) before carrying out any part of the project, the 
        Secretary approves the plans and specifications for the part in 
        the same way as for other projects under this section.
        ``(2) Approval of application.--The Secretary may approve an 
    application under paragraph (1) of this subsection only if an 
    authorization for this section is in effect for the fiscal year to 
    which the application applies. The Secretary may not approve an 
    application if the payment will be more than--
            ``(A) the recipient's expected apportionment under section 
        5336 of this title if the total amount authorized to be 
        appropriated for the fiscal year to carry out this section is 
        appropriated; less
            ``(B) the maximum amount of the apportionment that may be 
        made available for projects for operating expenses under this 
        section.
        ``(3) Financing costs.--
            ``(A) In general.--The cost of carrying out part of a 
        project includes the amount of interest earned and payable on 
        bonds issued by the recipient to the extent proceeds of the 
        bonds are expended in carrying out the part.
            ``(B) Limitation on the amount of interest.--The amount of 
        interest allowed under this paragraph may not be more than the 
        most favorable financing terms reasonably available for the 
        project at the time of borrowing.
            ``(C) Certification.--The applicant shall certify, in a 
        manner satisfactory to the Secretary, that the applicant has 
        shown reasonable diligence in seeking the most favorable 
        financing terms.
    ``(f) Reviews, Audits, and Evaluations.--
        ``(1) Annual review.--
            ``(A) In general.--At least annually, the Secretary shall 
        carry out, or require a recipient to have carried out 
        independently, reviews and audits the Secretary considers 
        appropriate to establish whether the recipient has carried 
        out--
                ``(i) the activities proposed under subsection (c) of 
            this section in a timely and effective way and can continue 
            to do so; and
                ``(ii) those activities and its certifications and has 
            used amounts of the Government in the way required by law.
            ``(B) Auditing procedures.--An audit of the use of amounts 
        of the Government shall comply with the auditing procedures of 
        the Comptroller General.
        ``(2) Triennial review.--At least once every 3 years, the 
    Secretary shall review and evaluate completely the performance of a 
    recipient in carrying out the recipient's program, specifically 
    referring to compliance with statutory and administrative 
    requirements and the extent to which actual program activities are 
    consistent with the activities proposed under subsection (c) of 
    this section and the planning process required under sections 5303, 
    5304, and 5305 of this title. To the extent practicable, the 
    Secretary shall coordinate such reviews with any related State or 
    local reviews.
        ``(3) Actions resulting from review, audit, or evaluation.--The 
    Secretary may take appropriate action consistent with a review, 
    audit, and evaluation under this subsection, including making an 
    appropriate adjustment in the amount of a grant or withdrawing the 
    grant.
    ``(g) Treatment.--For purposes of this section, the United States 
Virgin Islands shall be treated as an urbanized area, as defined in 
section 5302.
    ``(h) Passenger Ferry Grants.--
        ``(1) In general.--The Secretary may make grants under this 
    subsection to recipients for passenger ferry projects that are 
    eligible for a grant under subsection (a).
        ``(2) Grant requirements.--Except as otherwise provided in this 
    subsection, a grant under this subsection shall be subject to the 
    same terms and conditions as a grant under subsection (a).
        ``(3) Competitive process.--The Secretary shall solicit grant 
    applications and make grants for eligible projects on a competitive 
    basis.''.
SEC. 20008. FIXED GUIDEWAY CAPITAL INVESTMENT GRANTS.
    (a) In General.--Section 5309 of title 49, United States Code, is 
amended to read as follows:
``Sec. 5309. Fixed guideway capital investment grants
    ``(a) Definitions.--In this section, the following definitions 
shall apply:
        ``(1) Applicant.--The term `applicant' means a State or local 
    governmental authority that applies for a grant under this section.
        ``(2) Core capacity improvement project.--The term `core 
    capacity improvement project' means a substantial corridor-based 
    capital investment in an existing fixed guideway system that 
    increases the capacity of a corridor by not less than 10 percent. 
    The term does not include project elements designed to maintain a 
    state of good repair of the existing fixed guideway system.
        ``(3) Corridor-based bus rapid transit project.--The term 
    `corridor-based bus rapid transit project' means a small start 
    project utilizing buses in which the project represents a 
    substantial investment in a defined corridor as demonstrated by 
    features that emulate the services provided by rail fixed guideway 
    public transportation systems, including defined stations; traffic 
    signal priority for public transportation vehicles; short headway 
    bidirectional services for a substantial part of weekdays and 
    weekend days; and any other features the Secretary may determine 
    support a long-term corridor investment, but the majority of which 
    does not operate in a separated right-of-way dedicated for public 
    transportation use during peak periods.
        ``(4) Fixed guideway bus rapid transit project.--The term 
    `fixed guideway bus rapid transit project' means a bus capital 
    project--
            ``(A) in which the majority of the project operates in a 
        separated right-of-way dedicated for public transportation use 
        during peak periods;
            ``(B) that represents a substantial investment in a single 
        route in a defined corridor or subarea; and
            ``(C) that includes features that emulate the services 
        provided by rail fixed guideway public transportation systems, 
        including--
                ``(i) defined stations;
                ``(ii) traffic signal priority for public 
            transportation vehicles;
                ``(iii) short headway bidirectional services for a 
            substantial part of weekdays and weekend days; and
                ``(iv) any other features the Secretary may determine 
            are necessary to produce high-quality public transportation 
            services that emulate the services provided by rail fixed 
            guideway public transportation systems.
        ``(5) New fixed guideway capital project.--The term `new fixed 
    guideway capital project' means--
            ``(A) a new fixed guideway project that is a minimum 
        operable segment or extension to an existing fixed guideway 
        system; or
            ``(B) a fixed guideway bus rapid transit project that is a 
        minimum operable segment or an extension to an existing bus 
        rapid transit system.
        ``(6) Program of interrelated projects.--The term `program of 
    interrelated projects' means the simultaneous development of--
            ``(A) 2 or more new fixed guideway capital projects or core 
        capacity improvement projects; or
            ``(B) 1 or more new fixed guideway capital projects and 1 
        or more core capacity improvement projects.
        ``(7) Small start project.--The term `small start project' 
    means a new fixed guideway capital project or corridor-based bus 
    rapid transit project for which--
            ``(A) the Federal assistance provided or to be provided 
        under this section is less than $75,000,000; and
            ``(B) the total estimated net capital cost is less than 
        $250,000,000.
    ``(b) General Authority.--The Secretary may make grants under this 
section to State and local governmental authorities to assist in 
financing--
        ``(1) new fixed guideway capital projects or small start 
    projects, including the acquisition of real property, the initial 
    acquisition of rolling stock for the system, the acquisition of 
    rights-of-way, and relocation, for fixed guideway corridor 
    development for projects in the advanced stages of project 
    development or engineering; and
        ``(2) core capacity improvement projects, including the 
    acquisition of real property, the acquisition of rights-of-way, 
    double tracking, signalization improvements, electrification, 
    expanding system platforms, acquisition of rolling stock associated 
    with corridor improvements increasing capacity, construction of 
    infill stations, and such other capacity improvement projects as 
    the Secretary determines are appropriate to increase the capacity 
    of an existing fixed guideway system corridor by at least 10 
    percent. Core capacity improvement projects do not include elements 
    to improve general station facilities or parking, or acquisition of 
    rolling stock alone.
    ``(c) Grant Requirements.--
        ``(1) In general.--The Secretary may make a grant under this 
    section for new fixed guideway capital projects, small start 
    projects, or core capacity improvement projects, if the Secretary 
    determines that--
            ``(A) the project is part of an approved transportation 
        plan required under sections 5303 and 5304; and
            ``(B) the applicant has, or will have--
                ``(i) the legal, financial, and technical capacity to 
            carry out the project, including the safety and security 
            aspects of the project;
                ``(ii) satisfactory continuing control over the use of 
            the equipment or facilities; and
                ``(iii) the technical and financial capacity to 
            maintain new and existing equipment and facilities.
        ``(2) Certification.--An applicant that has submitted the 
    certifications required under subparagraphs (A), (B), (C), and (H) 
    of section 5307(c)(1) shall be deemed to have provided sufficient 
    information upon which the Secretary may make the determinations 
    required under this subsection.
        ``(3) Technical capacity.--The Secretary shall use an expedited 
    technical capacity review process for applicants that have recently 
    and successfully completed at least 1 new fixed guideway capital 
    project, or core capacity improvement project, if--
            ``(A) the applicant achieved budget, cost, and ridership 
        outcomes for the project that are consistent with or better 
        than projections; and
            ``(B) the applicant demonstrates that the applicant 
        continues to have the staff expertise and other resources 
        necessary to implement a new project.
        ``(4) Recipient requirements.--A recipient of a grant awarded 
    under this section shall be subject to all terms, conditions, 
    requirements, and provisions that the Secretary determines to be 
    necessary or appropriate for purposes of this section.
    ``(d) New Fixed Guideway Grants.--
        ``(1) Project development phase.--
            ``(A) Entrance into project development phase.--A new fixed 
        guideway capital project shall enter into the project 
        development phase when--
                ``(i) the applicant--

                    ``(I) submits a letter to the Secretary describing 
                the project and requesting entry into the project 
                development phase; and
                    ``(II) initiates activities required to be carried 
                out under the National Environmental Policy Act of 1969 
                (42 U.S.C. 4321 et seq.) with respect to the project; 
                and

                ``(ii) the Secretary--

                    ``(I) responds in writing to the applicant within 
                45 days whether the information provided is sufficient 
                to enter into the project development phase, including, 
                when necessary, a detailed description of any 
                information deemed insufficient; and
                    ``(II) provides concurrent notice to the Committee 
                on Banking, Housing, and Urban Affairs of the Senate 
                and the Committee on Transportation and Infrastructure 
                of the House of Representatives of whether the new 
                fixed guideway capital project is entering the project 
                development phase.

            ``(B) Activities during project development phase.--
        Concurrent with the analysis required to be made under the 
        National Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
        seq.), each applicant shall develop sufficient information to 
        enable the Secretary to make findings of project justification, 
        policies and land use patterns that promote public 
        transportation, and local financial commitment under this 
        subsection.
            ``(C) Completion of project development activities 
        required.--
                ``(i) In general.--Not later than 2 years after the 
            date on which a project enters into the project development 
            phase, the applicant shall complete the activities required 
            to obtain a project rating under subsection (g)(2) and 
            submit completed documentation to the Secretary.
                ``(ii) Extension of time.--Upon the request of an 
            applicant, the Secretary may extend the time period under 
            clause (i), if the applicant submits to the Secretary--

                    ``(I) a reasonable plan for completing the 
                activities required under this paragraph; and
                    ``(II) an estimated time period within which the 
                applicant will complete such activities.

        ``(2) Engineering phase.--
            ``(A) In general.--A new fixed guideway capital project may 
        advance to the engineering phase upon completion of activities 
        required under the National Environmental Policy Act of 1969 
        (42 U.S.C. 4321 et seq.), as demonstrated by a record of 
        decision with respect to the project, a finding that the 
        project has no significant impact, or a determination that the 
        project is categorically excluded, only if the Secretary 
        determines that the project--
                ``(i) is selected as the locally preferred alternative 
            at the completion of the process required under the 
            National Environmental Policy Act of 1969 (42 U.S.C. 4321 
            et seq.);
                ``(ii) is adopted into the metropolitan transportation 
            plan required under section 5303;
                ``(iii) is justified based on a comprehensive review of 
            the project's mobility improvements, the project's 
            environmental benefits, congestion relief associated with 
            the project, economic development effects associated with 
            the project, policies and land use patterns of the project 
            that support public transportation, and the project's cost-
            effectiveness as measured by cost per rider;
                ``(iv) is supported by policies and land use patterns 
            that promote public transportation, including plans for 
            future land use and rezoning, and economic development 
            around public transportation stations; and
                ``(v) is supported by an acceptable degree of local 
            financial commitment (including evidence of stable and 
            dependable financing sources), as required under subsection 
            (f).
            ``(B) Determination that project is justified.--In making a 
        determination under subparagraph (A)(iii), the Secretary shall 
        evaluate, analyze, and consider--
                ``(i) the reliability of the forecasting methods used 
            to estimate costs and utilization made by the recipient and 
            the contractors to the recipient; and
                ``(ii) population density and current public 
            transportation ridership in the transportation corridor.
    ``(e) Core Capacity Improvement Projects.--
        ``(1) Project development phase.--
            ``(A) Entrance into project development phase.--A core 
        capacity improvement project shall be deemed to have entered 
        into the project development phase if--
                ``(i) the applicant--

                    ``(I) submits a letter to the Secretary describing 
                the project and requesting entry into the project 
                development phase; and
                    ``(II) initiates activities required to be carried 
                out under the National Environmental Policy Act of 1969 
                (42 U.S.C. 4321 et seq.) with respect to the project; 
                and

                ``(ii) the Secretary--

                    ``(I) responds in writing to the applicant within 
                45 days whether the information provided is sufficient 
                to enter into the project development phase, including 
                when necessary a detailed description of any 
                information deemed insufficient; and
                    ``(II) provides concurrent notice to the Committee 
                on Banking, Housing, and Urban Affairs of the Senate 
                and the Committee on Transportation and Infrastructure 
                of the House of Representatives of whether the core 
                capacity improvement project is entering the project 
                development phase.

            ``(B) Activities during project development phase.--
        Concurrent with the analysis required to be made under the 
        National Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
        seq.), each applicant shall develop sufficient information to 
        enable the Secretary to make findings of project justification 
        and local financial commitment under this subsection.
            ``(C) Completion of project development activities 
        required.--
                ``(i) In general.--Not later than 2 years after the 
            date on which a project enters into the project development 
            phase, the applicant shall complete the activities required 
            to obtain a project rating under subsection (g)(2) and 
            submit completed documentation to the Secretary.
                ``(ii) Extension of time.--Upon the request of an 
            applicant, the Secretary may extend the time period under 
            clause (i), if the applicant submits to the Secretary--

                    ``(I) a reasonable plan for completing the 
                activities required under this paragraph; and
                    ``(II) an estimated time period within which the 
                applicant will complete such activities.

        ``(2) Engineering phase.--
            ``(A) In general.--A core capacity improvement project may 
        advance into the engineering phase upon completion of 
        activities required under the National Environmental Policy Act 
        of 1969 (42 U.S.C. 4321 et seq.), as demonstrated by a record 
        of decision with respect to the project, a finding that the 
        project has no significant impact, or a determination that the 
        project is categorically excluded, only if the Secretary 
        determines that the project--
                ``(i) is selected as the locally preferred alternative 
            at the completion of the process required under the 
            National Environmental Policy Act of 1969;
                ``(ii) is adopted into the metropolitan transportation 
            plan required under section 5303;
                ``(iii) is in a corridor that is--

                    ``(I) at or over capacity; or
                    ``(II) projected to be at or over capacity within 
                the next 5 years;

                ``(iv) is justified based on a comprehensive review of 
            the project's mobility improvements, the project's 
            environmental benefits, congestion relief associated with 
            the project, economic development effects associated with 
            the project, the capacity needs of the corridor, and the 
            project's cost-effectiveness as measured by cost per rider; 
            and
                ``(v) is supported by an acceptable degree of local 
            financial commitment (including evidence of stable and 
            dependable financing sources), as required under subsection 
            (f).
            ``(B) Determination that project is justified.--In making a 
        determination under subparagraph (A)(iv), the Secretary shall 
        evaluate, analyze, and consider--
                ``(i) the reliability of the forecasting methods used 
            to estimate costs and utilization made by the recipient and 
            the contractors to the recipient;
                ``(ii) whether the project will increase capacity at 
            least 10 percent in a corridor;
                ``(iii) whether the project will improve 
            interconnectivity among existing systems; and
                ``(iv) whether the project will improve environmental 
            outcomes.
    ``(f) Financing Sources.--
        ``(1) Requirements.--In determining whether a project is 
    supported by an acceptable degree of local financial commitment and 
    shows evidence of stable and dependable financing sources for 
    purposes of subsection (d)(2)(A)(v) or (e)(2)(A)(v), the Secretary 
    shall require that--
            ``(A) the proposed project plan provides for the 
        availability of contingency amounts that the Secretary 
        determines to be reasonable to cover unanticipated cost 
        increases or funding shortfalls;
            ``(B) each proposed local source of capital and operating 
        financing is stable, reliable, and available within the 
        proposed project timetable; and
            ``(C) local resources are available to recapitalize, 
        maintain, and operate the overall existing and proposed public 
        transportation system, including essential feeder bus and other 
        services necessary to achieve the projected ridership levels 
        without requiring a reduction in existing public transportation 
        services or level of service to operate the project.
        ``(2) Considerations.--In assessing the stability, reliability, 
    and availability of proposed sources of local financing for 
    purposes of subsection (d)(2)(A)(v) or (e)(2)(A)(v), the Secretary 
    shall consider--
            ``(A) the reliability of the forecasting methods used to 
        estimate costs and revenues made by the recipient and the 
        contractors to the recipient;
            ``(B) existing grant commitments;
            ``(C) the degree to which financing sources are dedicated 
        to the proposed purposes;
            ``(D) any debt obligation that exists, or is proposed by 
        the recipient, for the proposed project or other public 
        transportation purpose;
            ``(E) the extent to which the project has a local financial 
        commitment that exceeds the required non-Government share of 
        the cost of the project; and
            ``(F) private contributions to the project, including cost-
        effective project delivery, management or transfer of project 
        risks, expedited project schedule, financial partnering, and 
        other public-private partnership strategies.
    ``(g) Project Advancement and Ratings.--
        ``(1) Project advancement.--A new fixed guideway capital 
    project or core capacity improvement project proposed to be carried 
    out using a grant under this section may not advance from the 
    project development phase to the engineering phase, or from the 
    engineering phase to the construction phase, unless the Secretary 
    determines that--
            ``(A) the project meets the applicable requirements under 
        this section; and
            ``(B) there is a reasonable likelihood that the project 
        will continue to meet the requirements under this section.
        ``(2) Ratings.--
            ``(A) Overall rating.--In making a determination under 
        paragraph (1), the Secretary shall evaluate and rate a project 
        as a whole on a 5-point scale (high, medium-high, medium, 
        medium-low, or low) based on--
                ``(i) in the case of a new fixed guideway capital 
            project, the project justification criteria under 
            subsection (d)(2)(A)(iii), the policies and land use 
            patterns that support public transportation, and the degree 
            of local financial commitment; and
                ``(ii) in the case of a core capacity improvement 
            project, the capacity needs of the corridor, the project 
            justification criteria under subsection (e)(2)(A)(iv), and 
            the degree of local financial commitment.
            ``(B) Individual ratings for each criterion.--In rating a 
        project under this paragraph, the Secretary shall--
                ``(i) provide, in addition to the overall project 
            rating under subparagraph (A), individual ratings for each 
            of the criteria established under subsection (d)(2)(A)(iii) 
            or (e)(2)(A)(iv), as applicable; and
                ``(ii) give comparable, but not necessarily equal, 
            numerical weight to each of the criteria established under 
            subsections (d)(2)(A)(iii) or (e)(2)(A)(iv), as applicable, 
            in calculating the overall project rating under clause (i).
            ``(C) Medium rating not required.--The Secretary shall not 
        require that any single project justification criterion meet or 
        exceed a `medium' rating in order to advance the project from 
        one phase to another.
        ``(3) Warrants.--The Secretary shall, to the maximum extent 
    practicable, develop and use special warrants for making a project 
    justification determination under subsection (d)(2) or (e)(2), as 
    applicable, for a project proposed to be funded using a grant under 
    this section, if--
            ``(A) the share of the cost of the project to be provided 
        under this section does not exceed--
                ``(i) $100,000,000; or
                ``(ii) 50 percent of the total cost of the project;
            ``(B) the applicant requests the use of the warrants;
            ``(C) the applicant certifies that its existing public 
        transportation system is in a state of good repair; and
            ``(D) the applicant meets any other requirements that the 
        Secretary considers appropriate to carry out this subsection.
        ``(4) Letters of intent and early systems work agreements.--In 
    order to expedite a project under this subsection, the Secretary 
    shall, to the maximum extent practicable, issue letters of intent 
    and enter into early systems work agreements upon issuance of a 
    record of decision for projects that receive an overall project 
    rating of medium or better.
        ``(5) Policy guidance.--The Secretary shall issue policy 
    guidance regarding the review and evaluation process and criteria--
            ``(A) not later than 180 days after the date of enactment 
        of the Federal Public Transportation Act of 2012; and
            ``(B) each time the Secretary makes significant changes to 
        the process and criteria, but not less frequently than once 
        every 2 years.
        ``(6) Rules.--Not later than 1 year after the date of enactment 
    of the Federal Public Transportation Act of 2012, the Secretary 
    shall issue rules establishing an evaluation and rating process 
    for--
            ``(A) new fixed guideway capital projects that is based on 
        the results of project justification, policies and land use 
        patterns that promote public transportation, and local 
        financial commitment, as required under this subsection; and
            ``(B) core capacity improvement projects that is based on 
        the results of the capacity needs of the corridor, project 
        justification, and local financial commitment.
        ``(7) Applicability.--This subsection shall not apply to a 
    project for which the Secretary issued a letter of intent, entered 
    into a full funding grant agreement, or entered into a project 
    construction agreement before the date of enactment of the Federal 
    Public Transportation Act of 2012.
    ``(h) Small Start Projects.--
        ``(1) In general.--A small start project shall be subject to 
    the requirements of this subsection.
        ``(2) Project development phase.--
            ``(A) Entrance into project development phase.--A new small 
        starts project shall enter into the project development phase 
        when--
                ``(i) the applicant--

                    ``(I) submits a letter to the Secretary describing 
                the project and requesting entry into the project 
                development phase; and
                    ``(II) initiates activities required to be carried 
                out under the National Environmental Policy Act of 1969 
                (42 U.S.C. 4321 et seq.) with respect to the project; 
                and

                ``(ii) the Secretary--

                    ``(I) responds in writing to the applicant within 
                45 days whether the information provided is sufficient 
                to enter into the project development phase, including, 
                when necessary, a detailed description of any 
                information deemed insufficient; and
                    ``(II) provides concurrent notice to the Committee 
                on Banking, Housing, and Urban Affairs of the Senate 
                and the Committee on Transportation and Infrastructure 
                of the House of Representatives of whether the small 
                starts project is entering the project development 
                phase.

            ``(B) Activities during project development phase.--
        Concurrent with the analysis required to be made under the 
        National Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
        seq.), each applicant shall develop sufficient information to 
        enable the Secretary to make findings of project justification, 
        policies and land use patterns that promote public 
        transportation, and local financial commitment under this 
        subsection.
        ``(3) Selection criteria.--The Secretary may provide Federal 
    assistance for a small start project under this subsection only if 
    the Secretary determines that the project--
            ``(A) has been adopted as the locally preferred alternative 
        as part of the metropolitan transportation plan required under 
        section 5303;
            ``(B) is based on the results of an analysis of the 
        benefits of the project as set forth in paragraph (4); and
            ``(C) is supported by an acceptable degree of local 
        financial commitment.
        ``(4) Evaluation of benefits and federal investment.--In making 
    a determination for a small start project under paragraph (3)(B), 
    the Secretary shall analyze, evaluate, and consider the following 
    evaluation criteria for the project (as compared to a no-action 
    alternative): mobility improvements, environmental benefits, 
    congestion relief, economic development effects associated with the 
    project, policies and land use patterns that support public 
    transportation and cost-effectiveness as measured by cost per 
    rider.
        ``(5) Evaluation of local financial commitment.--For purposes 
    of paragraph (3)(C), the Secretary shall require that each proposed 
    local source of capital and operating financing is stable, 
    reliable, and available within the proposed project timetable.
        ``(6) Ratings.--In carrying out paragraphs (4) and (5) for a 
    small start project, the Secretary shall evaluate and rate the 
    project on a 5-point scale (high, medium-high, medium, medium-low, 
    or low) based on an evaluation of the benefits of the project as 
    compared to the Federal assistance to be provided and the degree of 
    local financial commitment, as required under this subsection. In 
    rating the projects, the Secretary shall provide, in addition to 
    the overall project rating, individual ratings for each of the 
    criteria established by this subsection and shall give comparable, 
    but not necessarily equal, numerical weight to the benefits that 
    the project will bring to the community in calculating the overall 
    project rating.
        ``(7) Grants and expedited grant agreements.--
            ``(A) In general.--The Secretary, to the maximum extent 
        practicable, shall provide Federal assistance under this 
        subsection in a single grant. If the Secretary cannot provide 
        such a single grant, the Secretary may execute an expedited 
        grant agreement in order to include a commitment on the part of 
        the Secretary to provide funding for the project in future 
        fiscal years.
            ``(B) Terms of expedited grant agreements.--In executing an 
        expedited grant agreement under this subsection, the Secretary 
        may include in the agreement terms similar to those established 
        under subsection (k)(2).
            ``(C) Notice of proposed grants and expedited grant 
        agreements.--At least 10 days before making a grant award or 
        entering into a grant agreement for a project under this 
        subsection, the Secretary shall notify, in writing, the 
        Committee on Transportation and Infrastructure and the 
        Committee on Appropriations of the House of Representatives and 
        the Committee on Banking, Housing, and Urban Affairs and the 
        Committee on Appropriations of the Senate of the proposed grant 
        or expedited grant agreement, as well as the evaluations and 
        ratings for the project.
    ``(i) Programs of Interrelated Projects.--
        ``(1) Project development phase.--A federally funded project in 
    a program of interrelated projects shall advance through project 
    development as provided in subsection (d) or (e), as applicable.
        ``(2) Engineering phase.--A federally funded project in a 
    program of interrelated projects may advance into the engineering 
    phase upon completion of activities required under the National 
    Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), as 
    demonstrated by a record of decision with respect to the project, a 
    finding that the project has no significant impact, or a 
    determination that the project is categorically excluded, only if 
    the Secretary determines that--
            ``(A) the project is selected as the locally preferred 
        alternative at the completion of the process required under the 
        National Environmental Policy Act of 1969;
            ``(B) the project is adopted into the metropolitan 
        transportation plan required under section 5303;
            ``(C) the program of interrelated projects involves 
        projects that have a logical connectivity to one another;
            ``(D) the program of interrelated projects, when evaluated 
        as a whole, meets the requirements of subsection (d)(2) or 
        (e)(2), as applicable;
            ``(E) the program of interrelated projects is supported by 
        a program implementation plan demonstrating that construction 
        will begin on each of the projects in the program of 
        interrelated projects within a reasonable time frame; and
            ``(F) the program of interrelated projects is supported by 
        an acceptable degree of local financial commitment, as 
        described in subsection (f).
        ``(3) Project advancement and ratings.--
            ``(A) Project advancement.--A project receiving a grant 
        under this section that is part of a program of interrelated 
        projects may not advance from the project development phase to 
        the engineering phase, or from the engineering phase to the 
        construction phase, unless the Secretary determines that the 
        program of interrelated projects meets the applicable 
        requirements of this section and there is a reasonable 
        likelihood that the program will continue to meet such 
        requirements.
            ``(B) Ratings.--
                ``(i) Overall rating.--In making a determination under 
            subparagraph (A), the Secretary shall evaluate and rate a 
            program of interrelated projects on a 5-point scale (high, 
            medium-high, medium, medium-low, or low) based on the 
            criteria described in paragraph (2).
                ``(ii) Individual rating for each criterion.--In rating 
            a program of interrelated projects, the Secretary shall 
            provide, in addition to the overall program rating, 
            individual ratings for each of the criteria described in 
            paragraph (2) and shall give comparable, but not 
            necessarily equal, numerical weight to each such criterion 
            in calculating the overall program rating.
                ``(iii) Medium rating not required.--The Secretary 
            shall not require that any single criterion described in 
            paragraph (2) meet or exceed a `medium' rating in order to 
            advance the program of interrelated projects from one phase 
            to another.
        ``(4) Annual review.--
            ``(A) Review required.--The Secretary shall annually review 
        the program implementation plan required under paragraph (2)(E) 
        to determine whether the program of interrelated projects is 
        adhering to its schedule.
            ``(B) Extension of time.--If a program of interrelated 
        projects is not adhering to its schedule, the Secretary may, 
        upon the request of the applicant, grant an extension of time 
        if the applicant submits a reasonable plan that includes--
                ``(i) evidence of continued adequate funding; and
                ``(ii) an estimated time frame for completing the 
            program of interrelated projects.
            ``(C) Satisfactory progress required.--If the Secretary 
        determines that a program of interrelated projects is not 
        making satisfactory progress, no Federal funds shall be 
        provided for a project within the program of interrelated 
        projects.
        ``(5) Failure to carry out program of interrelated projects.--
            ``(A) Repayment required.--If an applicant does not carry 
        out the program of interrelated projects within a reasonable 
        time, for reasons within the control of the applicant, the 
        applicant shall repay all Federal funds provided for the 
        program, and any reasonable interest and penalty charges that 
        the Secretary may establish.
            ``(B) Crediting of funds received.--Any funds received by 
        the Government under this paragraph, other than interest and 
        penalty charges, shall be credited to the appropriation account 
        from which the funds were originally derived.
        ``(6) Non-federal funds.--Any non-Federal funds committed to a 
    project in a program of interrelated projects may be used to meet a 
    non-Government share requirement for any other project in the 
    program of interrelated projects, if the Government share of the 
    cost of each project within the program of interrelated projects 
    does not exceed 80 percent.
        ``(7) Priority.--In making grants under this section, the 
    Secretary may give priority to programs of interrelated projects 
    for which the non-Government share of the cost of the projects 
    included in the programs of interrelated projects exceeds the non-
    Government share required under subsection (l).
        ``(8) Non-government projects.--Including a project not 
    financed by the Government in a program of interrelated projects 
    does not impose Government requirements that would not otherwise 
    apply to the project.
    ``(j) Previously Issued Letter of Intent or Full Funding Grant 
Agreement.--Subsections (d) and (e) shall not apply to projects for 
which the Secretary has issued a letter of intent, approved entry into 
final design, entered into a full funding grant agreement, or entered 
into a project construction grant agreement before the date of 
enactment of the Federal Public Transportation Act of 2012.
    ``(k) Letters of Intent, Full Funding Grant Agreements, and Early 
Systems Work Agreements.--
        ``(1) Letters of intent.--
            ``(A) Amounts intended to be obligated.--The Secretary may 
        issue a letter of intent to an applicant announcing an 
        intention to obligate, for a new fixed guideway capital project 
        or core capacity improvement project, an amount from future 
        available budget authority specified in law that is not more 
        than the amount stipulated as the financial participation of 
        the Secretary in the project. When a letter is issued for a 
        capital project under this section, the amount shall be 
        sufficient to complete at least an operable segment.
            ``(B) Treatment.--The issuance of a letter under 
        subparagraph (A) is deemed not to be an obligation under 
        sections 1108(c), 1501, and 1502(a) of title 31 or an 
        administrative commitment.
        ``(2) Full funding grant agreements.--
            ``(A) In general.--A new fixed guideway capital project or 
        core capacity improvement project shall be carried out through 
        a full funding grant agreement.
            ``(B) Criteria.--The Secretary shall enter into a full 
        funding grant agreement, based on the evaluations and ratings 
        required under subsection (d), (e), or (i), as applicable, with 
        each grantee receiving assistance for a new fixed guideway 
        capital project or core capacity improvement project that has 
        been rated as high, medium-high, or medium, in accordance with 
        subsection (g)(2)(A) or (i)(3)(B), as applicable.
            ``(C) Terms.--A full funding grant agreement shall--
                ``(i) establish the terms of participation by the 
            Government in a new fixed guideway capital project or core 
            capacity improvement project;
                ``(ii) establish the maximum amount of Federal 
            financial assistance for the project;
                ``(iii) include the period of time for completing the 
            project, even if that period extends beyond the period of 
            an authorization; and
                ``(iv) make timely and efficient management of the 
            project easier according to the law of the United States.
            ``(D) Special financial rules.--
                ``(i) In general.--A full funding grant agreement under 
            this paragraph obligates an amount of available budget 
            authority specified in law and may include a commitment, 
            contingent on amounts to be specified in law in advance for 
            commitments under this paragraph, to obligate an additional 
            amount from future available budget authority specified in 
            law.
                ``(ii) Statement of contingent commitment.--The 
            agreement shall state that the contingent commitment is not 
            an obligation of the Government.
                ``(iii) Interest and other financing costs.--Interest 
            and other financing costs of efficiently carrying out a 
            part of the project within a reasonable time are a cost of 
            carrying out the project under a full funding grant 
            agreement, except that eligible costs may not be more than 
            the cost of the most favorable financing terms reasonably 
            available for the project at the time of borrowing. The 
            applicant shall certify, in a way satisfactory to the 
            Secretary, that the applicant has shown reasonable 
            diligence in seeking the most favorable financing terms.
                ``(iv) Completion of operable segment.--The amount 
            stipulated in an agreement under this paragraph for a new 
            fixed guideway capital project shall be sufficient to 
            complete at least an operable segment.
            ``(E) Before and after study.--
                ``(i) In general.--A full funding grant agreement under 
            this paragraph shall require the applicant to conduct a 
            study that--

                    ``(I) describes and analyzes the impacts of the new 
                fixed guideway capital project or core capacity 
                improvement project on public transportation services 
                and public transportation ridership;
                    ``(II) evaluates the consistency of predicted and 
                actual project characteristics and performance; and
                    ``(III) identifies reasons for differences between 
                predicted and actual outcomes.

                ``(ii) Information collection and analysis plan.--

                    ``(I) Submission of plan.--Applicants seeking a 
                full funding grant agreement under this paragraph shall 
                submit a complete plan for the collection and analysis 
                of information to identify the impacts of the new fixed 
                guideway capital project or core capacity improvement 
                project and the accuracy of the forecasts prepared 
                during the development of the project. Preparation of 
                this plan shall be included in the full funding grant 
                agreement as an eligible activity.
                    ``(II) Contents of plan.--The plan submitted under 
                subclause (I) shall provide for--

                        ``(aa) collection of data on the current public 
                    transportation system regarding public 
                    transportation service levels and ridership 
                    patterns, including origins and destinations, 
                    access modes, trip purposes, and rider 
                    characteristics;
                        ``(bb) documentation of the predicted scope, 
                    service levels, capital costs, operating costs, and 
                    ridership of the project;
                        ``(cc) collection of data on the public 
                    transportation system 2 years after the opening of 
                    a new fixed guideway capital project or core 
                    capacity improvement project, including analogous 
                    information on public transportation service levels 
                    and ridership patterns and information on the as-
                    built scope, capital, and financing costs of the 
                    project; and
                        ``(dd) analysis of the consistency of predicted 
                    project characteristics with actual outcomes.
            ``(F) Collection of data on current system.--To be eligible 
        for a full funding grant agreement under this paragraph, 
        recipients shall have collected data on the current system, 
        according to the plan required under subparagraph (E)(ii), 
        before the beginning of construction of the proposed new fixed 
        guideway capital project or core capacity improvement project. 
        Collection of this data shall be included in the full funding 
        grant agreement as an eligible activity.
        ``(3) Early systems work agreements.--
            ``(A) Conditions.--The Secretary may enter into an early 
        systems work agreement with an applicant if a record of 
        decision under the National Environmental Policy Act of 1969 
        (42 U.S.C. 4321 et seq.) has been issued on the project and the 
        Secretary finds there is reason to believe--
                ``(i) a full funding grant agreement for the project 
            will be made; and
                ``(ii) the terms of the work agreement will promote 
            ultimate completion of the project more rapidly and at less 
            cost.
            ``(B) Contents.--
                ``(i) In general.--An early systems work agreement 
            under this paragraph obligates budget authority available 
            under this chapter and title 23 and shall provide for 
            reimbursement of preliminary costs of carrying out the 
            project, including land acquisition, timely procurement of 
            system elements for which specifications are decided, and 
            other activities the Secretary decides are appropriate to 
            make efficient, long-term project management easier.
                ``(ii) Contingent commitment.--An early systems work 
            agreement may include a commitment, contingent on amounts 
            to be specified in law in advance for commitments under 
            this paragraph, to obligate an additional amount from 
            future available budget authority specified in law.
                ``(iii) Period covered.--An early systems work 
            agreement under this paragraph shall cover the period of 
            time the Secretary considers appropriate. The period may 
            extend beyond the period of current authorization.
                ``(iv) Interest and other financing costs.--Interest 
            and other financing costs of efficiently carrying out the 
            early systems work agreement within a reasonable time are a 
            cost of carrying out the agreement, except that eligible 
            costs may not be more than the cost of the most favorable 
            financing terms reasonably available for the project at the 
            time of borrowing. The applicant shall certify, in a way 
            satisfactory to the Secretary, that the applicant has shown 
            reasonable diligence in seeking the most favorable 
            financing terms.
                ``(v) Failure to carry out project.--If an applicant 
            does not carry out the project for reasons within the 
            control of the applicant, the applicant shall repay all 
            Federal grant funds awarded for the project from all 
            Federal funding sources, for all project activities, 
            facilities, and equipment, plus reasonable interest and 
            penalty charges allowable by law or established by the 
            Secretary in the early systems work agreement.
                ``(vi) Crediting of funds received.--Any funds received 
            by the Government under this paragraph, other than interest 
            and penalty charges, shall be credited to the appropriation 
            account from which the funds were originally derived.
        ``(4) Limitation on amounts.--
            ``(A) In general.--The Secretary may enter into full 
        funding grant agreements under this subsection for new fixed 
        guideway capital projects and core capacity improvement 
        projects that contain contingent commitments to incur 
        obligations in such amounts as the Secretary determines are 
        appropriate.
            ``(B) Appropriation required.--An obligation may be made 
        under this subsection only when amounts are appropriated for 
        the obligation.
        ``(5) Notification to congress.--At least 30 days before 
    issuing a letter of intent, entering into a full funding grant 
    agreement, or entering into an early systems work agreement under 
    this section, the Secretary shall notify, in writing, the Committee 
    on Banking, Housing, and Urban Affairs and the Committee on 
    Appropriations of the Senate and the Committee on Transportation 
    and Infrastructure and the Committee on Appropriations of the House 
    of Representatives of the proposed letter or agreement. The 
    Secretary shall include with the notification a copy of the 
    proposed letter or agreement as well as the evaluations and ratings 
    for the project.
    ``(l) Government Share of Net Capital Project Cost.--
        ``(1) In general.--Based on engineering studies, studies of 
    economic feasibility, and information on the expected use of 
    equipment or facilities, the Secretary shall estimate the net 
    capital project cost. A grant for a fixed guideway project or small 
    start project shall not exceed 80 percent of the net capital 
    project cost. A grant for a core capacity project shall not exceed 
    80 percent of the net capital project cost of the incremental cost 
    of increasing the capacity in the corridor.
        ``(2) Adjustment for completion under budget.--The Secretary 
    may adjust the final net capital project cost of a new fixed 
    guideway capital project or core capacity improvement project 
    evaluated under subsection (d), (e), or (i) to include the cost of 
    eligible activities not included in the originally defined project 
    if the Secretary determines that the originally defined project has 
    been completed at a cost that is significantly below the original 
    estimate.
        ``(3) Maximum government share.--The Secretary may provide a 
    higher grant percentage than requested by the grant recipient if--
            ``(A) the Secretary determines that the net capital project 
        cost of the project is not more than 10 percent higher than the 
        net capital project cost estimated at the time the project was 
        approved for advancement into the engineering phase; and
            ``(B) the ridership estimated for the project is not less 
        than 90 percent of the ridership estimated for the project at 
        the time the project was approved for advancement into the 
        engineering phase.
        ``(4) Remainder of net capital project cost.--The remainder of 
    the net capital project cost shall be provided from an 
    undistributed cash surplus, a replacement or depreciation cash fund 
    or reserve, or new capital.
        ``(5) Limitation on statutory construction.--Nothing in this 
    section shall be construed as authorizing the Secretary to require 
    a non-Federal financial commitment for a project that is more than 
    20 percent of the net capital project cost.
        ``(6) Special rule for rolling stock costs.--In addition to 
    amounts allowed pursuant to paragraph (1), a planned extension to a 
    fixed guideway system may include the cost of rolling stock 
    previously purchased if the applicant satisfies the Secretary that 
    only amounts other than amounts provided by the Government were 
    used and that the purchase was made for use on the extension. A 
    refund or reduction of the remainder may be made only if a refund 
    of a proportional amount of the grant of the Government is made at 
    the same time.
        ``(7) Limitation on applicability.--This subsection shall not 
    apply to projects for which the Secretary entered into a full 
    funding grant agreement before the date of enactment of the Federal 
    Public Transportation Act of 2012.
        ``(8) Special rule for fixed guideway bus rapid transit 
    projects.--For up to three fixed-guideway bus rapid transit 
    projects each fiscal year the Secretary shall--
            ``(A) establish a Government share of at least 80 percent; 
        and
            ``(B) not lower the project's rating for degree of local 
        financial commitment for purposes of subsections (d)(2)(A)(v) 
        or (h)(3)(C) as a result of the Government share specified in 
        this paragraph.
    ``(m) Undertaking Projects in Advance.--
        ``(1) In general.--The Secretary may pay the Government share 
    of the net capital project cost to a State or local governmental 
    authority that carries out any part of a project described in this 
    section without the aid of amounts of the Government and according 
    to all applicable procedures and requirements if--
            ``(A) the State or local governmental authority applies for 
        the payment;
            ``(B) the Secretary approves the payment; and
            ``(C) before the State or local governmental authority 
        carries out the part of the project, the Secretary approves the 
        plans and specifications for the part in the same way as other 
        projects under this section.
        ``(2) Financing costs.--
            ``(A) In general.--The cost of carrying out part of a 
        project includes the amount of interest earned and payable on 
        bonds issued by the State or local governmental authority to 
        the extent proceeds of the bonds are expended in carrying out 
        the part.
            ``(B) Limitation on amount of interest.--The amount of 
        interest under this paragraph may not be more than the most 
        favorable interest terms reasonably available for the project 
        at the time of borrowing.
            ``(C) Certification.--The applicant shall certify, in a 
        manner satisfactory to the Secretary, that the applicant has 
        shown reasonable diligence in seeking the most favorable 
        financing terms.
    ``(n) Availability of Amounts.--
        ``(1) In general.--An amount made available or appropriated for 
    a new fixed guideway capital project or core capacity improvement 
    project shall remain available to that project for 5 fiscal years, 
    including the fiscal year in which the amount is made available or 
    appropriated. Any amounts that are unobligated to the project at 
    the end of the 5-fiscal-year period may be used by the Secretary 
    for any purpose under this section.
        ``(2) Use of deobligated amounts.--An amount available under 
    this section that is deobligated may be used for any purpose under 
    this section.
    ``(o) Reports on New Fixed Guideway and Core Capacity Improvement 
Projects.--
        ``(1) Annual report on funding recommendations.--Not later than 
    the first Monday in February of each year, the Secretary shall 
    submit to the Committee on Banking, Housing, and Urban Affairs and 
    the Committee on Appropriations of the Senate and the Committee on 
    Transportation and Infrastructure and the Committee on 
    Appropriations of the House of Representatives a report that 
    includes--
            ``(A) a proposal of allocations of amounts to be available 
        to finance grants for projects under this section among 
        applicants for these amounts;
            ``(B) evaluations and ratings, as required under 
        subsections (d), (e), and (i), for each such project that is in 
        project development, engineering, or has received a full 
        funding grant agreement; and
            ``(C) recommendations of such projects for funding based on 
        the evaluations and ratings and on existing commitments and 
        anticipated funding levels for the next 3 fiscal years based on 
        information currently available to the Secretary.
        ``(2) Reports on before and after studies.--Not later than the 
    first Monday in August of each year, the Secretary shall submit to 
    the committees described in paragraph (1) a report containing a 
    summary of the results of any studies conducted under subsection 
    (k)(2)(E).
        ``(3) Biennial gao review.--The Comptroller General of the 
    United States shall--
            ``(A) conduct a biennial review of--
                ``(i) the processes and procedures for evaluating, 
            rating, and recommending new fixed guideway capital 
            projects and core capacity improvement projects; and
                ``(ii) the Secretary's implementation of such processes 
            and procedures; and
            ``(B) report to Congress on the results of such review by 
        May 31 of each year.''.
    (b) Pilot Program for Expedited Project Delivery.--
        (1) Definitions.--In this subsection the following definitions 
    shall apply:
            (A) Eligible project.--The term ``eligible project'' means 
        a new fixed guideway capital project or a core capacity 
        improvement project, as those terms are defined in section 5309 
        of title 49, United States Code, as amended by this section, 
        that has not entered into a full funding grant agreement with 
        the Federal Transit Administration before the date of enactment 
        of the Federal Public Transportation Act of 2012.
            (B) Program.--The term ``program'' means the pilot program 
        for expedited project delivery established under this 
        subsection.
            (C) Recipient.--The term ``recipient'' means a recipient of 
        funding under chapter 53 of title 49, United States Code.
            (D) Secretary.--The term ``Secretary'' means the Secretary 
        of Transportation.
        (2) Establishment.--The Secretary shall establish and implement 
    a pilot program to demonstrate whether innovative project 
    development and delivery methods or innovative financing 
    arrangements can expedite project delivery for certain meritorious 
    new fixed guideway capital projects and core capacity improvement 
    projects.
        (3) Limitation on number of projects.--The Secretary shall 
    select 3 eligible projects to participate in the program, of 
    which--
            (A) at least 1 shall be an eligible project requesting more 
        than $100,000,000 in Federal financial assistance under section 
        5309 of title 49, United States Code; and
            (B) at least 1 shall be an eligible project requesting less 
        than $100,000,000 in Federal financial assistance under section 
        5309 of title 49, United States Code.
        (4) Government share.--The Government share of the total cost 
    of an eligible project that participates in the program may not 
    exceed 50 percent.
        (5) Eligibility.--A recipient that desires to participate in 
    the program shall submit to the Secretary an application that 
    contains, at a minimum--
            (A) identification of an eligible project;
            (B) a schedule and finance plan for the construction and 
        operation of the eligible project;
            (C) an analysis of the efficiencies of the proposed project 
        development and delivery methods or innovative financing 
        arrangement for the eligible project; and
            (D) a certification that the recipient's existing public 
        transportation system is in a state of good repair.
        (6) Selection criteria.--The Secretary may award a full funding 
    grant agreement under this subsection if the Secretary determines 
    that--
            (A) the recipient has completed planning and the activities 
        required under the National Environmental Policy Act of 1969 
        (42 U.S.C. 4321 et seq.); and
            (B) the recipient has the necessary legal, financial, and 
        technical capacity to carry out the eligible project.
        (7) Before and after study and report.--
            (A) Study required.--A full funding grant agreement under 
        this paragraph shall require a recipient to conduct a study 
        that--
                (i) describes and analyzes the impacts of the eligible 
            project on public transportation services and public 
            transportation ridership;
                (ii) describes and analyzes the consistency of 
            predicted and actual benefits and costs of the innovative 
            project development and delivery methods or innovative 
            financing for the eligible project; and
                (iii) identifies reasons for any differences between 
            predicted and actual outcomes for the eligible project.
            (B) Submission of report.--Not later than 9 months after an 
        eligible project selected to participate in the program begins 
        revenue operations, the recipient shall submit to the Secretary 
        a report on the results of the study under subparagraph (A).
SEC. 20009. MOBILITY OF SENIORS AND INDIVIDUALS WITH DISABILITIES.
    Section 5310 of title 49, United States Code, is amended to read as 
follows:
``Sec. 5310. Formula grants for the enhanced mobility of seniors and 
    individuals with disabilities
    ``(a) Definitions.--In this section, the following definitions 
shall apply:
        ``(1) Recipient.--The term `recipient' means a designated 
    recipient or a State that receives a grant under this section 
    directly.
        ``(2) Subrecipient.--The term `subrecipient' means a State or 
    local governmental authority, a private nonprofit organization, or 
    an operator of public transportation that receives a grant under 
    this section indirectly through a recipient.
    ``(b) General Authority.--
        ``(1) Grants.--The Secretary may make grants under this section 
    to recipients for--
            ``(A) public transportation projects planned, designed, and 
        carried out to meet the special needs of seniors and 
        individuals with disabilities when public transportation is 
        insufficient, inappropriate, or unavailable;
            ``(B) public transportation projects that exceed the 
        requirements of the Americans with Disabilities Act of 1990 (42 
        U.S.C. 12101 et seq.);
            ``(C) public transportation projects that improve access to 
        fixed route service and decrease reliance by individuals with 
        disabilities on complementary paratransit; and
            ``(D) alternatives to public transportation that assist 
        seniors and individuals with disabilities with transportation.
        ``(2) Limitations for capital projects.--
            ``(A) Amount available.--The amount available for capital 
        projects under paragraph (1)(A) shall be not less than 55 
        percent of the funds apportioned to the recipient under this 
        section.
            ``(B) Allocation to subrecipients.--A recipient of a grant 
        under paragraph (1)(A) may allocate the amounts provided under 
        the grant to--
                ``(i) a private nonprofit organization; or
                ``(ii) a State or local governmental authority that--

                    ``(I) is approved by a State to coordinate services 
                for seniors and individuals with disabilities; or
                    ``(II) certifies that there are no private 
                nonprofit organizations readily available in the area 
                to provide the services described in paragraph (1)(A).

        ``(3) Administrative expenses.--A recipient may use not more 
    than 10 percent of the amounts apportioned to the recipient under 
    this section to administer, plan, and provide technical assistance 
    for a project funded under this section.
        ``(4) Eligible capital expenses.--The acquisition of public 
    transportation services is an eligible capital expense under this 
    section.
        ``(5) Coordination.--
            ``(A) Department of transportation.--To the maximum extent 
        feasible, the Secretary shall coordinate activities under this 
        section with related activities under other Federal departments 
        and agencies.
            ``(B) Other federal agencies and nonprofit organizations.--
        A State or local governmental authority or nonprofit 
        organization that receives assistance from Government sources 
        (other than the Department of Transportation) for nonemergency 
        transportation services shall--
                ``(i) participate and coordinate with recipients of 
            assistance under this chapter in the design and delivery of 
            transportation services; and
                ``(ii) participate in the planning for the 
            transportation services described in clause (i).
        ``(6) Program of projects.--
            ``(A) In general.--Amounts made available to carry out this 
        section may be used for transportation projects to assist in 
        providing transportation services for seniors and individuals 
        with disabilities, if such transportation projects are included 
        in a program of projects.
            ``(B) Submission.--A recipient shall annually submit a 
        program of projects to the Secretary.
            ``(C) Assurance.--The program of projects submitted under 
        subparagraph (B) shall contain an assurance that the program 
        provides for the maximum feasible coordination of 
        transportation services assisted under this section with 
        transportation services assisted by other Government sources.
        ``(7) Meal delivery for homebound individuals.--A public 
    transportation service provider that receives assistance under this 
    section or section 5311(c) may coordinate and assist in regularly 
    providing meal delivery service for homebound individuals, if the 
    delivery service does not conflict with providing public 
    transportation service or reduce service to public transportation 
    passengers.
    ``(c) Apportionment and Transfers.--
        ``(1) Formula.--The Secretary shall apportion amounts made 
    available to carry out this section as follows:
            ``(A) Large urbanized areas.--Sixty percent of the funds 
        shall be apportioned among designated recipients for urbanized 
        areas with a population of 200,000 or more individuals, as 
        determined by the Bureau of the Census, in the ratio that--
                ``(i) the number of seniors and individuals with 
            disabilities in each such urbanized area; bears to
                ``(ii) the number of seniors and individuals with 
            disabilities in all such urbanized areas.
            ``(B) Small urbanized areas.--Twenty percent of the funds 
        shall be apportioned among the States in the ratio that--
                ``(i) the number of seniors and individuals with 
            disabilities in urbanized areas with a population of fewer 
            than 200,000 individuals, as determined by the Bureau of 
            the Census, in each State; bears to
                ``(ii) the number of seniors and individuals with 
            disabilities in urbanized areas with a population of fewer 
            than 200,000 individuals, as determined by the Bureau of 
            the Census, in all States.
            ``(C) Rural areas.--Twenty percent of the funds shall be 
        apportioned among the States in the ratio that--
                ``(i) the number of seniors and individuals with 
            disabilities in rural areas in each State; bears to
                ``(ii) the number of seniors and individuals with 
            disabilities in rural areas in all States.
        ``(2) Areas served by projects.--
            ``(A) In general.--Except as provided in subparagraph (B)--
                ``(i) funds apportioned under paragraph (1)(A) shall be 
            used for projects serving urbanized areas with a population 
            of 200,000 or more individuals, as determined by the Bureau 
            of the Census;
                ``(ii) funds apportioned under paragraph (1)(B) shall 
            be used for projects serving urbanized areas with a 
            population of fewer than 200,000 individuals, as determined 
            by the Bureau of the Census; and
                ``(iii) funds apportioned under paragraph (1)(C) shall 
            be used for projects serving rural areas.
            ``(B) Exceptions.--A State may use funds apportioned to the 
        State under subparagraph (B) or (C) of paragraph (1)--
                ``(i) for a project serving an area other than an area 
            specified in subparagraph (A)(ii) or (A)(iii), as the case 
            may be, if the Governor of the State certifies that all of 
            the objectives of this section are being met in the area 
            specified in subparagraph (A)(ii) or (A)(iii); or
                ``(ii) for a project anywhere in the State, if the 
            State has established a statewide program for meeting the 
            objectives of this section.
            ``(C) Limited to eligible projects.--Any funds transferred 
        pursuant to subparagraph (B) shall be made available only for 
        eligible projects selected under this section.
            ``(D) Consultation.--A recipient may transfer an amount 
        under subparagraph (B) only after consulting with responsible 
        local officials, publicly owned operators of public 
        transportation, and nonprofit providers in the area for which 
        the amount was originally apportioned.
    ``(d) Government Share of Costs.--
        ``(1) Capital projects.--A grant for a capital project under 
    this section shall be in an amount equal to 80 percent of the net 
    capital costs of the project, as determined by the Secretary.
        ``(2) Operating assistance.--A grant made under this section 
    for operating assistance may not exceed an amount equal to 50 
    percent of the net operating costs of the project, as determined by 
    the Secretary.
        ``(3) Remainder of net costs.--The remainder of the net costs 
    of a project carried out under this section--
            ``(A) may be provided from an undistributed cash surplus, a 
        replacement or depreciation cash fund or reserve, a service 
        agreement with a State or local social service agency or a 
        private social service organization, or new capital; and
            ``(B) may be derived from amounts appropriated or otherwise 
        made available--
                ``(i) to a department or agency of the Government 
            (other than the Department of Transportation) that are 
            eligible to be expended for transportation; or
                ``(ii) to carry out the Federal lands highways program 
            under section 204 of title 23.
        ``(4) Use of certain funds.--For purposes of paragraph 
    (3)(B)(i), the prohibition under section 403(a)(5)(C)(vii) of the 
    Social Security Act (42 U.S.C. 603(a)(5)(C)(vii)) on the use of 
    grant funds for matching requirements shall not apply to Federal or 
    State funds to be used for transportation purposes.
    ``(e) Grant Requirements.--
        ``(1) In general.--A grant under this section shall be subject 
    to the same requirements as a grant under section 5307, to the 
    extent the Secretary determines appropriate.
        ``(2) Certification requirements.--
            ``(A) Project selection and plan development.--Before 
        receiving a grant under this section, each recipient shall 
        certify that--
                ``(i) the projects selected by the recipient are 
            included in a locally developed, coordinated public 
            transit-human services transportation plan;
                ``(ii) the plan described in clause (i) was developed 
            and approved through a process that included participation 
            by seniors, individuals with disabilities, representatives 
            of public, private, and nonprofit transportation and human 
            services providers, and other members of the public; and
                ``(iii) to the maximum extent feasible, the services 
            funded under this section will be coordinated with 
            transportation services assisted by other Federal 
            departments and agencies, including any transportation 
            activities carried out by a recipient of a grant from the 
            Department of Health and Human Services.
            ``(B) Allocations to subrecipients.--If a recipient 
        allocates funds received under this section to subrecipients, 
        the recipient shall certify that the funds are allocated on a 
        fair and equitable basis.
    ``(f) Competitive Process for Grants to Subrecipients.--
        ``(1) Areawide solicitations.--A recipient of funds apportioned 
    under subsection (c)(1)(A) may conduct, in cooperation with the 
    appropriate metropolitan planning organization, an areawide 
    solicitation for applications for grants under this section.
        ``(2) Statewide solicitations.--A recipient of funds 
    apportioned under subparagraph (B) or (C) of subsection (c)(1) may 
    conduct a statewide solicitation for applications for grants under 
    this section.
        ``(3) Application.--If the recipient elects to engage in a 
    competitive process, a recipient or subrecipient seeking to receive 
    a grant from funds apportioned under subsection (c) shall submit to 
    the recipient making the election an application in such form and 
    in accordance with such requirements as the recipient making the 
    election shall establish.
    ``(g) Transfers of Facilities and Equipment.--A recipient may 
transfer a facility or equipment acquired using a grant under this 
section to any other recipient eligible to receive assistance under 
this chapter, if--
        ``(1) the recipient in possession of the facility or equipment 
    consents to the transfer; and
        ``(2) the facility or equipment will continue to be used as 
    required under this section.
    ``(h) Performance Measures.--
        ``(1) In general.--Not later than 1 year after the date of 
    enactment of the Federal Public Transportation Act of 2012, the 
    Secretary shall submit a report to the Committee on Banking, 
    Housing, and Urban Affairs of the Senate and the Committee on 
    Transportation and Infrastructure of the House of Representatives 
    making recommendations on the establishment of performance measures 
    for grants under this section. Such report shall be developed in 
    consultation with national nonprofit organizations that provide 
    technical assistance and advocacy on issues related to 
    transportation services for seniors and individuals with 
    disabilities.
        ``(2) Measures.--The performance measures to be considered in 
    the report under paragraph (1) shall require the collection of 
    quantitative and qualitative information, as available, 
    concerning--
            ``(A) modifications to the geographic coverage of 
        transportation service, the quality of transportation service, 
        or service times that increase the availability of 
        transportation services for seniors and individuals with 
        disabilities;
            ``(B) ridership;
            ``(C) accessibility improvements; and
            ``(D) other measures, as the Secretary determines is 
        appropriate.''.
SEC. 20010. FORMULA GRANTS FOR RURAL AREAS.
    Section 5311 of title 49, United States Code, is amended to read as 
follows:
``Sec. 5311. Formula grants for rural areas
    ``(a) Definitions.--As used in this section, the following 
definitions shall apply:
        ``(1) Recipient.--The term `recipient' means a State or Indian 
    tribe that receives a Federal transit program grant directly from 
    the Government.
        ``(2) Subrecipient.--The term `subrecipient' means a State or 
    local governmental authority, a nonprofit organization, or an 
    operator of public transportation or intercity bus service that 
    receives Federal transit program grant funds indirectly through a 
    recipient.
    ``(b) General Authority.--
        ``(1) Grants authorized.--Except as provided by paragraph (2), 
    the Secretary may award grants under this section to recipients 
    located in rural areas for--
            ``(A) planning, provided that a grant under this section 
        for planning activities shall be in addition to funding awarded 
        to a State under section 5305 for planning activities that are 
        directed specifically at the needs of rural areas in the State;
            ``(B) public transportation capital projects;
            ``(C) operating costs of equipment and facilities for use 
        in public transportation;
            ``(D) job access and reverse commute projects; and
            ``(E) the acquisition of public transportation services, 
        including service agreements with private providers of public 
        transportation service.
        ``(2) State program.--
            ``(A) In general.--A project eligible for a grant under 
        this section shall be included in a State program for public 
        transportation service projects, including agreements with 
        private providers of public transportation service.
            ``(B) Submission to secretary.--Each State shall submit to 
        the Secretary annually the program described in subparagraph 
        (A).
            ``(C) Approval.--The Secretary may not approve the program 
        unless the Secretary determines that--
                ``(i) the program provides a fair distribution of 
            amounts in the State, including Indian reservations; and
                ``(ii) the program provides the maximum feasible 
            coordination of public transportation service assisted 
            under this section with transportation service assisted by 
            other Federal sources.
        ``(3) Rural transportation assistance program.--
            ``(A) In general.--The Secretary shall carry out a rural 
        transportation assistance program in rural areas.
            ``(B) Grants and contracts.--In carrying out this 
        paragraph, the Secretary may use not more than 2 percent of the 
        amount made available under section 5338(a)(2)(E) to make 
        grants and contracts for transportation research, technical 
        assistance, training, and related support services in rural 
        areas.
            ``(C) Projects of a national scope.--Not more than 15 
        percent of the amounts available under subparagraph (B) may be 
        used by the Secretary to carry out competitively selected 
        projects of a national scope, with the remaining balance 
        provided to the States.
        ``(4) Data collection.--Each recipient under this section shall 
    submit an annual report to the Secretary containing information on 
    capital investment, operations, and service provided with funds 
    received under this section, including--
            ``(A) total annual revenue;
            ``(B) sources of revenue;
            ``(C) total annual operating costs;
            ``(D) total annual capital costs;
            ``(E) fleet size and type, and related facilities;
            ``(F) vehicle revenue miles; and
            ``(G) ridership.
    ``(c) Apportionments.--
        ``(1) Public transportation on indian reservations.--Of the 
    amounts made available or appropriated for each fiscal year 
    pursuant to section 5338(a)(2)(E) to carry out this paragraph, the 
    following amounts shall be apportioned each fiscal year for grants 
    to Indian tribes for any purpose eligible under this section, under 
    such terms and conditions as may be established by the Secretary:
            ``(A) $5,000,000 shall be distributed on a competitive 
        basis by the Secretary.
            ``(B) $25,000,000 shall be apportioned as formula grants, 
        as provided in subsection (j).
        ``(2) Appalachian development public transportation assistance 
    program.--
            ``(A) Definitions.--In this paragraph--
                ``(i) the term `Appalachian region' has the same 
            meaning as in section 14102 of title 40; and
                ``(ii) the term `eligible recipient' means a State that 
            participates in a program established under subtitle IV of 
            title 40.
            ``(B) In general.--The Secretary shall carry out a public 
        transportation assistance program in the Appalachian region.
            ``(C) Apportionment.--Of amounts made available or 
        appropriated for each fiscal year under section 5338(a)(2)(E) 
        to carry out this paragraph, the Secretary shall apportion 
        funds to eligible recipients for any purpose eligible under 
        this section, based on the guidelines established under section 
        9.5(b) of the Appalachian Regional Commission Code.
            ``(D) Special rule.--An eligible recipient may use amounts 
        that cannot be used for operating expenses under this paragraph 
        for a highway project if--
                ``(i) that use is approved, in writing, by the eligible 
            recipient after appropriate notice and an opportunity for 
            comment and appeal are provided to affected public 
            transportation providers; and
                ``(ii) the eligible recipient, in approving the use of 
            amounts under this subparagraph, determines that the local 
            transit needs are being addressed.
        ``(3) Remaining amounts.--
            ``(A) In general.--The amounts made available or 
        appropriated for each fiscal year pursuant to section 
        5338(a)(2)(E) that are not apportioned under paragraph (1) or 
        (2) shall be apportioned in accordance with this paragraph.
            ``(B) Apportionment based on land area and population in 
        nonurbanized areas.--
                ``(i) In general.--83.15 percent of the amount 
            described in subparagraph (A) shall be apportioned to the 
            States in accordance with this subparagraph.
                ``(ii) Land area.--

                    ``(I) In general.--Subject to subclause (II), each 
                State shall receive an amount that is equal to 20 
                percent of the amount apportioned under clause (i), 
                multiplied by the ratio of the land area in rural areas 
                in that State and divided by the land area in all rural 
                areas in the United States, as shown by the most recent 
                decennial census of population.
                    ``(II) Maximum apportionment.--No State shall 
                receive more than 5 percent of the amount apportioned 
                under subclause (I).

                ``(iii) Population.--Each State shall receive an amount 
            equal to 80 percent of the amount apportioned under clause 
            (i), multiplied by the ratio of the population of rural 
            areas in that State and divided by the population of all 
            rural areas in the United States, as shown by the most 
            recent decennial census of population.
            ``(C) Apportionment based on land area, vehicle revenue 
        miles, and low-income individuals in nonurbanized areas.--
                ``(i) In general.--16.85 percent of the amount 
            described in subparagraph (A) shall be apportioned to the 
            States in accordance with this subparagraph.
                ``(ii) Land area.--Subject to clause (v), each State 
            shall receive an amount that is equal to 29.68 percent of 
            the amount apportioned under clause (i), multiplied by the 
            ratio of the land area in rural areas in that State and 
            divided by the land area in all rural areas in the United 
            States, as shown by the most recent decennial census of 
            population.
                ``(iii) Vehicle revenue miles.--Subject to clause (v), 
            each State shall receive an amount that is equal to 29.68 
            percent of the amount apportioned under clause (i), 
            multiplied by the ratio of vehicle revenue miles in rural 
            areas in that State and divided by the vehicle revenue 
            miles in all rural areas in the United States, as 
            determined by national transit database reporting.
                ``(iv) Low-income individuals.--Each State shall 
            receive an amount that is equal to 40.64 percent of the 
            amount apportioned under clause (i), multiplied by the 
            ratio of low-income individuals in rural areas in that 
            State and divided by the number of low-income individuals 
            in all rural areas in the United States, as shown by the 
            Bureau of the Census.
                ``(v) Maximum apportionment.--No State shall receive--

                    ``(I) more than 5 percent of the amount apportioned 
                under clause (ii); or
                    ``(II) more than 5 percent of the amount 
                apportioned under clause (iii).

    ``(d) Use for Local Transportation Service.--A State may use an 
amount apportioned under this section for a project included in a 
program under subsection (b) of this section and eligible for 
assistance under this chapter if the project will provide local 
transportation service, as defined by the Secretary of Transportation, 
in a rural area.
    ``(e) Use for Administration, Planning, and Technical Assistance.--
The Secretary may allow a State to use not more than 10 percent of the 
amount apportioned under this section to administer this section and 
provide technical assistance to a subrecipient, including project 
planning, program and management development, coordination of public 
transportation programs, and research the State considers appropriate 
to promote effective delivery of public transportation to a rural area.
    ``(f) Intercity Bus Transportation.--
        ``(1) In general.--A State shall expend at least 15 percent of 
    the amount made available in each fiscal year to carry out a 
    program to develop and support intercity bus transportation. 
    Eligible activities under the program include--
            ``(A) planning and marketing for intercity bus 
        transportation;
            ``(B) capital grants for intercity bus facilities;
            ``(C) joint-use facilities;
            ``(D) operating grants through purchase-of-service 
        agreements, user-side subsidies, and demonstration projects; 
        and
            ``(E) coordinating rural connections between small public 
        transportation operations and intercity bus carriers.
        ``(2) Certification.--A State does not have to comply with 
    paragraph (1) of this subsection in a fiscal year in which the 
    Governor of the State certifies to the Secretary, after 
    consultation with affected intercity bus service providers, that 
    the intercity bus service needs of the State are being met 
    adequately.
    ``(g) Government Share of Costs.--
        ``(1) Capital projects.--
            ``(A) In general.--Except as provided by subparagraph (B), 
        a grant awarded under this section for a capital project or 
        project administrative expenses shall be for 80 percent of the 
        net costs of the project, as determined by the Secretary.
            ``(B) Exception.--A State described in section 120(b) of 
        title 23 shall receive a Government share of the net costs in 
        accordance with the formula under that section.
        ``(2) Operating assistance.--
            ``(A) In general.--Except as provided by subparagraph (B), 
        a grant made under this section for operating assistance may 
        not exceed 50 percent of the net operating costs of the 
        project, as determined by the Secretary.
            ``(B) Exception.--A State described in section 120(b) of 
        title 23 shall receive a Government share of the net operating 
        costs equal to 62.5 percent of the Government share provided 
        for under paragraph (1)(B).
        ``(3) Remainder.--The remainder of net project costs--
            ``(A) may be provided from an undistributed cash surplus, a 
        replacement or depreciation cash fund or reserve, a service 
        agreement with a State or local social service agency or a 
        private social service organization, or new capital;
            ``(B) may be derived from amounts appropriated or otherwise 
        made available to a department or agency of the Government 
        (other than the Department of Transportation) that are eligible 
        to be expended for transportation;
            ``(C) notwithstanding subparagraph (B), may be derived from 
        amounts made available to carry out the Federal lands highway 
        program established by section 204 of title 23; and
            ``(D) in the case of an intercity bus project that includes 
        both feeder service and an unsubsidized segment of intercity 
        bus service to which the feeder service connects, may be 
        derived from the costs of a private operator for the 
        unsubsidized segment of intercity bus service as an in-kind 
        match for the operating costs of connecting rural intercity bus 
        feeder service funded under subsection (f), if the private 
        operator agrees in writing to the use of the costs of the 
        private operator for the unsubsidized segment of intercity bus 
        service as an in-kind match.
        ``(4) Use of certain funds.--For purposes of paragraph (3)(B), 
    the prohibitions on the use of funds for matching requirements 
    under section 403(a)(5)(C)(vii) of the Social Security Act (42 
    U.S.C. 603(a)(5)(C)(vii)) shall not apply to Federal or State funds 
    to be used for transportation purposes.
        ``(5) Limitation on operating assistance.--A State carrying out 
    a program of operating assistance under this section may not limit 
    the level or extent of use of the Government grant for the payment 
    of operating expenses.
    ``(h) Transfer of Facilities and Equipment.--With the consent of 
the recipient currently having a facility or equipment acquired with 
assistance under this section, a State may transfer the facility or 
equipment to any recipient eligible to receive assistance under this 
chapter if the facility or equipment will continue to be used as 
required under this section.
    ``(i) Relationship to Other Laws.--
        ``(1) In general.--Section 5333(b) applies to this section if 
    the Secretary of Labor utilizes a special warranty that provides a 
    fair and equitable arrangement to protect the interests of 
    employees.
        ``(2) Rule of construction.--This subsection does not affect or 
    discharge a responsibility of the Secretary of Transportation under 
    a law of the United States.
    ``(j) Formula Grants for Public Transportation on Indian 
Reservations.--
        ``(1) Apportionment.--
            ``(A) In general.--Of the amounts described in subsection 
        (c)(1)(B)--
                ``(i) 50 percent of the total amount shall be 
            apportioned so that each Indian tribe providing public 
            transportation service shall receive an amount equal to the 
            total amount apportioned under this clause multiplied by 
            the ratio of the number of vehicle revenue miles provided 
            by an Indian tribe divided by the total number of vehicle 
            revenue miles provided by all Indian tribes, as reported to 
            the Secretary;
                ``(ii) 25 percent of the total amount shall be 
            apportioned equally among each Indian tribe providing at 
            least 200,000 vehicle revenue miles of public 
            transportation service annually, as reported to the 
            Secretary; and
                ``(iii) 25 percent of the total amount shall be 
            apportioned among each Indian tribe providing public 
            transportation on tribal lands (as defined by the Bureau of 
            the Census) on which more than 1,000 low-income individuals 
            reside (as determined by the Bureau of the Census) so that 
            each Indian tribe shall receive an amount equal to the 
            total amount apportioned under this clause multiplied by 
            the ratio of the number of low-income individuals residing 
            on an Indian tribe's lands divided by the total number of 
            low-income individuals on tribal lands on which more than 
            1,000 low-income individuals reside.
            ``(B) Limitation.--No recipient shall receive more than 
        $300,000 of the amounts apportioned under subparagraph (A)(iii) 
        in a fiscal year.
            ``(C) Remaining amounts.--Of the amounts made available 
        under subparagraph (A)(iii), any amounts not apportioned under 
        that subparagraph shall be allocated among Indian tribes 
        receiving less than $300,000 in a fiscal year according to the 
        formula specified in that clause.
            ``(D) Low-income individuals.--For purposes of subparagraph 
        (A)(iii), the term `low-income individual' means an individual 
        whose family income is at or below 100 percent of the poverty 
        line, as that term is defined in section 673(2) of the 
        Community Services Block Grant Act (42 U.S.C. 9902(2)), 
        including any revision required by that section, for a family 
        of the size involved.
        ``(2) Non-tribal service providers.--A recipient that is an 
    Indian tribe may use funds apportioned under this subsection to 
    finance public transportation services provided by a non-tribal 
    provider of public transportation that connects residents of tribal 
    lands with surrounding communities, improves access to employment 
    or healthcare, or otherwise addresses the mobility needs of tribal 
    members.''.
SEC. 20011. RESEARCH, DEVELOPMENT, DEMONSTRATION, AND DEPLOYMENT 
PROJECTS.
    Section 5312 of title 49, United States Code, is amended to read as 
follows:
``Sec. 5312. Research, development, demonstration, and deployment 
    projects
    ``(a) Research, Development, Demonstration, and Deployment 
Projects.--
        ``(1) In general.--The Secretary may make grants and enter into 
    contracts, cooperative agreements, and other agreements for 
    research, development, demonstration, and deployment projects, and 
    evaluation of research and technology of national significance to 
    public transportation, that the Secretary determines will improve 
    public transportation.
        ``(2) Agreements.--In order to carry out paragraph (1), the 
    Secretary may make grants to and enter into contracts, cooperative 
    agreements, and other agreements with--
            ``(A) departments, agencies, and instrumentalities of the 
        Government, including Federal laboratories;
            ``(B) State and local governmental entities;
            ``(C) providers of public transportation;
            ``(D) private or non-profit organizations;
            ``(E) institutions of higher education; and
            ``(F) technical and community colleges.
        ``(3) Application.--
            ``(A) In general.--To receive a grant, contract, 
        cooperative agreement, or other agreement under this section, 
        an entity described in paragraph (2) shall submit an 
        application to the Secretary.
            ``(B) Form and contents.--An application under subparagraph 
        (A) shall be in such form and contain such information as the 
        Secretary may require, including--
                ``(i) a statement of purpose detailing the need being 
            addressed;
                ``(ii) the short- and long-term goals of the project, 
            including opportunities for future innovation and 
            development, the potential for deployment, and benefits to 
            riders and public transportation; and
                ``(iii) the short- and long-term funding requirements 
            to complete the project and any future objectives of the 
            project.
    ``(b) Research.--
        ``(1) In general.--The Secretary may make a grant to or enter 
    into a contract, cooperative agreement, or other agreement under 
    this section with an entity described in subsection (a)(2) to carry 
    out a public transportation research project that has as its 
    ultimate goal the development and deployment of new and innovative 
    ideas, practices, and approaches.
        ``(2) Project eligibility.--A public transportation research 
    project that receives assistance under paragraph (1) shall focus 
    on--
            ``(A) providing more effective and efficient public 
        transportation service, including services to--
                ``(i) seniors;
                ``(ii) individuals with disabilities; and
                ``(iii) low-income individuals;
            ``(B) mobility management and improvements and travel 
        management systems;
            ``(C) data and communication system advancements;
            ``(D) system capacity, including--
                ``(i) train control;
                ``(ii) capacity improvements; and
                ``(iii) performance management;
            ``(E) capital and operating efficiencies;
            ``(F) planning and forecasting modeling and simulation;
            ``(G) advanced vehicle design;
            ``(H) advancements in vehicle technology;
            ``(I) asset maintenance and repair systems advancement;
            ``(J) construction and project management;
            ``(K) alternative fuels;
            ``(L) the environment and energy efficiency;
            ``(M) safety improvements; or
            ``(N) any other area that the Secretary determines is 
        important to advance the interests of public transportation.
    ``(c) Innovation and Development.--
        ``(1) In general.--The Secretary may make a grant to or enter 
    into a contract, cooperative agreement, or other agreement under 
    this section with an entity described in subsection (a)(2) to carry 
    out a public transportation innovation and development project that 
    seeks to improve public transportation systems nationwide in order 
    to provide more efficient and effective delivery of public 
    transportation services, including through technology and 
    technological capacity improvements.
        ``(2) Project eligibility.--A public transportation innovation 
    and development project that receives assistance under paragraph 
    (1) shall focus on--
            ``(A) the development of public transportation research 
        projects that received assistance under subsection (b) that the 
        Secretary determines were successful;
            ``(B) planning and forecasting modeling and simulation;
            ``(C) capital and operating efficiencies;
            ``(D) advanced vehicle design;
            ``(E) advancements in vehicle technology;
            ``(F) the environment and energy efficiency;
            ``(G) system capacity, including train control and capacity 
        improvements; or
            ``(H) any other area that the Secretary determines is 
        important to advance the interests of public transportation.
    ``(d) Demonstration, Deployment, and Evaluation.--
        ``(1) In general.--The Secretary may, under terms and 
    conditions that the Secretary prescribes, make a grant to or enter 
    into a contract, cooperative agreement, or other agreement with an 
    entity described in paragraph (2) to promote the early deployment 
    and demonstration of innovation in public transportation that has 
    broad applicability.
        ``(2) Participants.--An entity described in this paragraph is--
            ``(A) an entity described in subsection (a)(2); or
            ``(B) a consortium of entities described in subsection 
        (a)(2), including a provider of public transportation, that 
        will share the costs, risks, and rewards of early deployment 
        and demonstration of innovation.
        ``(3) Project eligibility.--A project that receives assistance 
    under paragraph (1) shall seek to build on successful research, 
    innovation, and development efforts to facilitate--
            ``(A) the deployment of research and technology development 
        resulting from private efforts or Federally funded efforts; and
            ``(B) the implementation of research and technology 
        development to advance the interests of public transportation.
        ``(4) Evaluation.--Not later than 2 years after the date on 
    which a project receives assistance under paragraph (1), the 
    Secretary shall conduct a comprehensive evaluation of the success 
    or failure of the projects funded under this subsection and any 
    plan for broad-based implementation of the innovation promoted by 
    successful projects.
        ``(5) Low or no emission vehicle deployment.--
            ``(A) Definitions.--In this paragraph, the following 
        definitions shall apply:
                ``(i) Eligible area.--The term `eligible area' means an 
            area that is--

                    ``(I) designated as a nonattainment area for ozone 
                or carbon monoxide under section 107(d) of the Clean 
                Air Act (42 U.S.C. 7407(d)); or
                    ``(II) a maintenance area, as defined in section 
                5303, for ozone or carbon monoxide.

                ``(ii) Eligible project.--The term `eligible project' 
            means a project or program of projects in an eligible area 
            for--

                    ``(I) acquiring or leasing low or no emission 
                vehicles;
                    ``(II) constructing or leasing facilities and 
                related equipment for low or no emission vehicles;
                    ``(III) constructing new public transportation 
                facilities to accommodate low or no emission vehicles; 
                or
                    ``(IV) rehabilitating or improving existing public 
                transportation facilities to accommodate low or no 
                emission vehicles.

                ``(iii) Direct carbon emissions.--The term `direct 
            carbon emissions' means the quantity of direct greenhouse 
            gas emissions from a vehicle, as determined by the 
            Administrator of the Environmental Protection Agency.
                ``(iv) Low or no emission bus.--The term `low or no 
            emission bus' means a bus that is a low or no emission 
            vehicle.
                ``(v) Low or no emission vehicle.--The term `low or no 
            emission vehicle' means--

                    ``(I) a passenger vehicle used to provide public 
                transportation that the Administrator of the 
                Environmental Protection Agency has certified 
                sufficiently reduces energy consumption or reduces 
                harmful emissions, including direct carbon emissions, 
                when compared to a comparable standard vehicle; or
                    ``(II) a zero emission bus used to provide public 
                transportation.

                ``(vi) Recipient.--The term `recipient' means--

                    ``(I) for an eligible area that is an urbanized 
                area with a population of fewer than 200,000 
                individuals, as determined by the Bureau of the Census, 
                the State in which the eligible area is located; and
                    ``(II) for an eligible area not described in 
                subparagraph (A), the designated recipient for the 
                eligible area.

                ``(vii) Zero emission bus.--The term `zero emission 
            bus' means a low or no emission bus that produces no carbon 
            or particulate matter.
            ``(B) Authority.--The Secretary may make grants to 
        recipients to finance eligible projects under this paragraph.
            ``(C) Grant requirements.--
                ``(i) In general.--A grant under this paragraph shall 
            be subject to the requirements of section 5307.
                ``(ii) Government share of costs for certain 
            projects.--Section 5323(j) applies to projects carried out 
            under this paragraph, unless the grant recipient requests a 
            lower grant percentage.
                ``(iii) Combination of funding sources.--

                    ``(I) Combination permitted.--A project carried out 
                under this paragraph may receive funding under section 
                5307, or any other provision of law.
                    ``(II) Government share.--Nothing in this clause 
                may be construed to alter the Government share required 
                under this section, section 5307, or any other 
                provision of law.

            ``(D) Minimum amounts.--Of amounts made available by or 
        appropriated under section 5338(b) in each fiscal year to carry 
        out this paragraph--
                ``(i) not less than 65 percent shall be made available 
            to fund eligible projects relating to low or no emission 
            buses; and
                ``(ii) not less than 10 percent shall be made available 
            for eligible projects relating to facilities and related 
            equipment for low or no emission buses.
            ``(E) Competitive process.--The Secretary shall solicit 
        grant applications and make grants for eligible projects on a 
        competitive basis.
            ``(F) Priority consideration.--In making grants under this 
        paragraph, the Secretary shall give priority to projects 
        relating to low or no emission buses that make greater 
        reductions in energy consumption and harmful emissions, 
        including direct carbon emissions, than comparable standard 
        buses or other low or no emission buses.
            ``(G) Availability of funds.--Any amounts made available or 
        appropriated to carry out this paragraph--
                ``(i) shall remain available to an eligible project for 
            2 years after the fiscal year for which the amount is made 
            available or appropriated; and
                ``(ii) that remain unobligated at the end of the period 
            described in clause (i) shall be added to the amount made 
            available to an eligible project in the following fiscal 
            year.
    ``(e) Annual Report on Research.--Not later than the first Monday 
in February of each year, the Secretary shall submit to the Committee 
on Banking, Housing, and Urban Affairs and the Committee on 
Appropriations of the Senate and the Committee on Transportation and 
Infrastructure, the Committee on Science, Space, and Technology, and 
the Committee on Appropriations of the House of Representatives a 
report that includes--
        ``(1) a description of each project that received assistance 
    under this section during the preceding fiscal year;
        ``(2) an evaluation of each project described in paragraph (1), 
    including any evaluation conducted under subsection (d)(4) for the 
    preceding fiscal year; and
        ``(3) a proposal for allocations of amounts for assistance 
    under this section for the subsequent fiscal year.
    ``(f) Government Share of Costs.--
        ``(1) In general.--The Government share of the cost of a 
    project carried out under this section shall not exceed 80 percent.
        ``(2) Non-government share.--The non-Government share of the 
    cost of a project carried out under this section may be derived 
    from in-kind contributions.
        ``(3) Financial benefit.--If the Secretary determines that 
    there would be a clear and direct financial benefit to an entity 
    under a grant, contract, cooperative agreement, or other agreement 
    under this section, the Secretary shall establish a Government 
    share of the costs of the project to be carried out under the 
    grant, contract, cooperative agreement, or other agreement that is 
    consistent with the benefit.''.
SEC. 20012. TECHNICAL ASSISTANCE AND STANDARDS DEVELOPMENT.
    Section 5314 of title 49, United States Code, is amended to read as 
follows:
``Sec. 5314. Technical assistance and standards development
    ``(a) Technical Assistance and Standards Development.--
        ``(1) In general.--The Secretary may make grants and enter into 
    contracts, cooperative agreements, and other agreements (including 
    agreements with departments, agencies, and instrumentalities of the 
    Government) to carry out activities that the Secretary determines 
    will assist recipients of assistance under this chapter to--
            ``(A) more effectively and efficiently provide public 
        transportation service;
            ``(B) administer funds received under this chapter in 
        compliance with Federal law; and
            ``(C) improve public transportation.
        ``(2) Eligible activities.--The activities carried out under 
    paragraph (1) may include--
            ``(A) technical assistance; and
            ``(B) the development of voluntary and consensus-based 
        standards and best practices by the public transportation 
        industry, including standards and best practices for safety, 
        fare collection, Intelligent Transportation Systems, 
        accessibility, procurement, security, asset management to 
        maintain a state of good repair, operations, maintenance, 
        vehicle propulsion, communications, and vehicle electronics.
    ``(b) Technical Assistance.--The Secretary, through a competitive 
bid process, may enter into contracts, cooperative agreements, and 
other agreements with national nonprofit organizations that have the 
appropriate demonstrated capacity to provide public transportation-
related technical assistance under this section. The Secretary may 
enter into such contracts, cooperative agreements, and other agreements 
to assist providers of public transportation to--
        ``(1) comply with the Americans with Disabilities Act of 1990 
    (42 U.S.C. 12101 et seq.) through technical assistance, 
    demonstration programs, research, public education, and other 
    activities related to complying with such Act;
        ``(2) comply with human services transportation coordination 
    requirements and to enhance the coordination of Federal resources 
    for human services transportation with those of the Department of 
    Transportation through technical assistance, training, and support 
    services related to complying with such requirements;
        ``(3) meet the transportation needs of elderly individuals;
        ``(4) increase transit ridership in coordination with 
    metropolitan planning organizations and other entities through 
    development around public transportation stations through technical 
    assistance and the development of tools, guidance, and analysis 
    related to market-based development around transit stations;
        ``(5) address transportation equity with regard to the effect 
    that transportation planning, investment and operations have for 
    low-income and minority individuals; and
        ``(6) any other technical assistance activity that the 
    Secretary determines is necessary to advance the interests of 
    public transportation.
    ``(c) Annual Report on Technical Assistance.--Not later than the 
first Monday in February of each year, the Secretary shall submit to 
the Committee on Banking, Housing, and Urban Affairs and the Committee 
on Appropriations of the Senate and the Committee on Transportation and 
Infrastructure, the Committee on Science, Space, and Technology, and 
the Committee on Appropriations of the House of Representatives a 
report that includes--
        ``(1) a description of each project that received assistance 
    under this section during the preceding fiscal year;
        ``(2) an evaluation of the activities carried out by each 
    organization that received assistance under this section during the 
    preceding fiscal year; and
        ``(3) a proposal for allocations of amounts for assistance 
    under this section for the subsequent fiscal year.
    ``(d) Government Share of Costs.--
        ``(1) In general.--The Government share of the cost of an 
    activity carried out using a grant under this section may not 
    exceed 80 percent.
        ``(2) Non-government share.--The non-Government share of the 
    cost of an activity carried out using a grant under this section 
    may be derived from in-kind contributions.''.
SEC. 20013. PRIVATE SECTOR PARTICIPATION.
    (a) In General.--Section 5315 of title 49, United States Code, is 
amended to read as follows:
``Sec. 5315. Private sector participation
    ``(a) General Purposes.--In the interest of fulfilling the general 
purposes of this chapter under section 5301(b), the Secretary shall--
        ``(1) better coordinate public and private sector-provided 
    public transportation services;
        ``(2) promote more effective utilization of private sector 
    expertise, financing, and operational capacity to deliver costly 
    and complex new fixed guideway capital projects; and
        ``(3) promote transparency and public understanding of public-
    private partnerships affecting public transportation.
    ``(b) Actions to Promote Better Coordination Between Public and 
Private Sector Providers of Public Transportation.--The Secretary 
shall--
        ``(1) provide technical assistance to recipients of Federal 
    transit grant assistance, at the request of a recipient, on 
    practices and methods to best utilize private providers of public 
    transportation; and
        ``(2) educate recipients of Federal transit grant assistance on 
    laws and regulations under this chapter that impact private 
    providers of public transportation.
    ``(c) Actions to Provide Technical Assistance for Alternative 
Project Delivery Methods.--Upon request by a sponsor of a new fixed 
guideway capital project, the Secretary shall--
        ``(1) identify best practices for public-private partnerships 
    models in the United States and in other countries;
        ``(2) develop standard public-private partnership transaction 
    model contracts; and
        ``(3) perform financial assessments that include the 
    calculation of public and private benefits of a proposed public-
    private partnership transaction.''.
    (b) Public-private Partnership Procedures and Approaches.--
        (1) Identify impediments.--The Secretary shall--
            (A) except as provided in paragraph (6), identify any 
        provisions of chapter 53 of title 49, United States Code, and 
        any regulations or practices thereunder, that impede greater 
        use of public-private partnerships and private investment in 
        public transportation capital projects; and
            (B) develop and implement on a project basis procedures and 
        approaches that--
                (i) address such impediments in a manner similar to the 
            Special Experimental Project Number 15 of the Federal 
            Highway Administration (commonly referred to as ``SEP-
            15''); and
                (ii) protect the public interest and any public 
            investment in public transportation capital projects that 
            involve public-private partnerships or private investment 
            in public transportation capital projects.
        (2) Transparency.--The Secretary shall develop guidance to 
    promote greater transparency and public access to public-private 
    partnership agreements involving recipients of Federal assistance 
    under chapter 53 of title 49, United States Code, including--
            (A) any conflict of interest involving any party involved 
        in the public-private partnership;
            (B) tax and financing aspects related to a public-private 
        partnership agreement;
            (C) changes in the workforce and wages, benefits, or rules 
        as a result of a public-private partnership;
            (D) estimates of the revenue or savings the public-private 
        partnership will produce for the private entity and public 
        entity;
            (E) any impacts on other developments and transportation 
        modes as a result of non-compete clauses contained in public-
        private partnership agreements; and
            (F) any other issues the Secretary believes will increase 
        transparency of public-private partnership agreements and 
        protect the public interest.
        (3) Assessment.--In developing and implementing the guidance 
    under paragraph (2), the Secretary shall encourage project sponsors 
    to conduct assessments to determine whether use of a public-private 
    partnership represents a better public and financial benefit than a 
    similar transaction using public funding or public project 
    delivery.
        (4) Report.--Not later than 4 years after the date of enactment 
    of this Act, the Secretary shall submit to Congress a report on the 
    status of the procedures, approaches, and guidance developed and 
    implemented under paragraphs (1) and (2).
        (5) Rulemaking.--Not later than 1 year after the date of 
    enactment of this Act, the Secretary shall issue rules to carry out 
    the procedures and approaches developed under paragraph (1).
        (6) Rule of construction.--Nothing in this subsection may be 
    construed to allow the Secretary to waive any requirement under--
            (A) section 5333 of title 49, United States Code;
            (B) the National Environmental Policy Act of 1969 (42 
        U.S.C. 4321 et seq.); or
            (C) any other provision of Federal law.
    (c) Contracting Out Study.--
        (1) In general.--Not later than 1 year after the date of 
    enactment of this Act, the Comptroller General of the United States 
    shall submit to the Committee on Transportation and Infrastructure 
    of the House of Representatives and the Committee on Banking, 
    Housing, and Urban Affairs of the Senate a comprehensive report on 
    the effect of contracting out public transportation operations and 
    administrative functions on cost, availability and level of 
    service, efficiency, and quality of service.
        (2) Considerations.--In developing the report, the Comptroller 
    General shall consider--
            (A) the number of grant recipients that have contracted out 
        services and the types of public transportation services that 
        are performed under contract, including paratransit service, 
        fixed route bus service, commuter rail operations, and 
        administrative functions;
            (B) the size of the populations served by such grant 
        recipients;
            (C) the basis for decisions regarding contracting out such 
        services;
            (D) comparative costs of providing service under contract 
        to providing the same service through public transit agency 
        employees, using to the greatest extent possible a standard 
        cost allocation model;
            (E) the extent of unionization among privately contracted 
        employees;
            (F) the impact to wages and benefits of employees when 
        publicly provided public transportation services are contracted 
        out to a private for-profit entity;
            (G) the level of transparency and public access to 
        agreements and contracts related to contracted out public 
        transportation services;
            (H) the extent of Federal law, regulations and guidance 
        prohibiting any conflicts of interest for contractor employees 
        and businesses;
            (I) the extent to which grant recipients evaluate 
        contracted out services before selecting them and the extent to 
        which grant recipients conduct oversight of those services; and
            (J) barriers to contracting out public transportation 
        operations and administrative functions.
    (d) Guidance on Documenting Compliance.--Not later than 1 year 
after the date of enactment of this Act, the Secretary shall publish in 
the Federal Register policy guidance regarding how to best document 
compliance by recipients of Federal assistance under chapter 53 of 
title 49, United States Code, with the requirements regarding private 
enterprise participation in public transportation planning and 
transportation improvement programs under sections 5303(i)(6), 5306(a), 
and 5307(c) of such title 49.
SEC. 20014. BUS TESTING FACILITIES.
    Section 5318 of title 49, United States Code, is amended by 
striking subsection (e) and inserting the following:
    ``(e) Acquiring New Bus Models.--
        ``(1) In general.--Amounts appropriated or otherwise made 
    available under this chapter may be obligated or expended to 
    acquire a new bus model only if--
            ``(A) a bus of that model has been tested at a facility 
        authorized under subsection (a); and
            ``(B) the bus tested under subparagraph (A) met--
                ``(i) performance standards for maintainability, 
            reliability, performance (including braking performance), 
            structural integrity, fuel economy, emissions, and noise, 
            as established by the Secretary by rule; and
                ``(ii) the minimum safety performance standards 
            established by the Secretary pursuant to section 5329(b).
        ``(2) Bus test `pass/fail' standard.--Not later than 2 years 
    after the date of enactment of the Federal Public Transportation 
    Act of 2012, the Secretary shall issue a final rule under 
    subparagraph (B)(i). The final rule issued under paragraph (B)(i) 
    shall include a bus model scoring system that results in a 
    weighted, aggregate score that uses the testing categories under 
    subsection (a) and considers the relative importance of each such 
    testing category. The final rule issued under subparagraph (B)(i) 
    shall establish a `pass/fail' standard that uses the aggregate 
    score described in the preceding sentence. Amounts appropriated or 
    otherwise made available under this chapter may be obligated or 
    expended to acquire a new bus model only if the new bus model has 
    received a passing aggregate test score. The Secretary shall work 
    with the bus testing facility, bus manufacturers, and transit 
    agencies to develop the bus model scoring system under this 
    paragraph. A passing aggregate test score under the rule issued 
    under subparagraph (B)(i) indicates only that amounts appropriated 
    or made available under this chapter may be obligated or expended 
    to acquire a new bus model and shall not be interpreted as a 
    warranty or guarantee that the new bus model will meet a 
    purchaser's specific requirements.''.
SEC. 20015. HUMAN RESOURCES AND TRAINING.
    Section 5322 of title 49, United States Code, is amended to read as 
follows:
``Sec. 5322. Human resources and training
    ``(a) In General.--The Secretary may undertake, or make grants and 
contracts for, programs that address human resource needs as they apply 
to public transportation activities. A program may include--
        ``(1) an employment training program;
        ``(2) an outreach program to increase minority and female 
    employment in public transportation activities;
        ``(3) research on public transportation personnel and training 
    needs; and
        ``(4) training and assistance for minority business 
    opportunities.
    ``(b) Innovative Public Transportation Workforce Development 
Program.--
        ``(1) Program established.--The Secretary shall establish a 
    competitive grant program to assist the development of innovative 
    activities eligible for assistance under subsection (a).
        ``(2) Selection of recipients.--To the maximum extent feasible, 
    the Secretary shall select recipients that--
            ``(A) are geographically diverse;
            ``(B) address the workforce and human resources needs of 
        large public transportation providers;
            ``(C) address the workforce and human resources needs of 
        small public transportation providers;
            ``(D) address the workforce and human resources needs of 
        urban public transportation providers;
            ``(E) address the workforce and human resources needs of 
        rural public transportation providers;
            ``(F) advance training related to maintenance of 
        alternative energy, energy efficiency, or zero emission 
        vehicles and facilities used in public transportation;
            ``(G) target areas with high rates of unemployment; and
            ``(H) address current or projected workforce shortages in 
        areas that require technical expertise.
    ``(c) Government's Share of Costs.--The Government share of the 
cost of a project carried out using a grant under subsection (a) or (b) 
shall be 50 percent.
    ``(d) National Transit Institute.--
        ``(1) Establishment.--The Secretary shall establish a national 
    transit institute and award grants to a public 4-year degree-
    granting institution of higher education, as defined in section 
    101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)), in 
    order to carry out the duties of the institute.
        ``(2) Duties.--
            ``(A) In general.--In cooperation with the Federal Transit 
        Administration, State transportation departments, public 
        transportation authorities, and national and international 
        entities, the institute established under paragraph (1) shall 
        develop and conduct training and educational programs for 
        Federal, State, and local transportation employees, United 
        States citizens, and foreign nationals engaged or to be engaged 
        in Government-aid public transportation work.
            ``(B) Training and educational programs.--The training and 
        educational programs developed under subparagraph (A) may 
        include courses in recent developments, techniques, and 
        procedures related to--
                ``(i) intermodal and public transportation planning;
                ``(ii) management;
                ``(iii) environmental factors;
                ``(iv) acquisition and joint use rights-of-way;
                ``(v) engineering and architectural design;
                ``(vi) procurement strategies for public transportation 
            systems;
                ``(vii) turnkey approaches to delivering public 
            transportation systems;
                ``(viii) new technologies;
                ``(ix) emission reduction technologies;
                ``(x) ways to make public transportation accessible to 
            individuals with disabilities;
                ``(xi) construction, construction management, 
            insurance, and risk management;
                ``(xii) maintenance;
                ``(xiii) contract administration;
                ``(xiv) inspection;
                ``(xv) innovative finance;
                ``(xvi) workplace safety; and
                ``(xvii) public transportation security.
        ``(3) Providing education and training.--Education and training 
    of Government, State, and local transportation employees under this 
    subsection shall be provided--
            ``(A) by the Secretary at no cost to the States and local 
        governments for subjects that are a Government program 
        responsibility; or
            ``(B) when the education and training are paid under 
        paragraph (4) of this subsection, by the State, with the 
        approval of the Secretary, through grants and contracts with 
        public and private agencies, other institutions, individuals, 
        and the institute.
        ``(4) Availability of amounts.--Not more than .5 percent of the 
    amounts made available for a fiscal year beginning after September 
    30, 1991, to a State or public transportation authority in the 
    State to carry out sections 5307 and 5309 of this title is 
    available for expenditure by the State and public transportation 
    authorities in the State, with the approval of the Secretary, to 
    pay not more than 80 percent of the cost of tuition and direct 
    educational expenses related to educating and training State and 
    local transportation employees under this subsection.
    ``(e) Report.--Not later than 2 years after the date of enactment 
of the Federal Public Transportation Act of 2012, the Secretary shall 
submit to the Committee on Banking, Housing, and Urban Affairs of the 
Senate and the Committee on Transportation and Infrastructure of the 
House of Representatives a report concerning the measurable outcomes 
and impacts of the programs funded under subsections (a) and (b).''.
SEC. 20016. GENERAL PROVISIONS.
    Section 5323 of title 49, United States Code, is amended to read as 
follows:
``Sec. 5323. General provisions
    ``(a) Interests in Property.--
        ``(1) In general.--Financial assistance provided under this 
    chapter to a State or a local governmental authority may be used to 
    acquire an interest in, or to buy property of, a private company 
    engaged in public transportation, for a capital project for 
    property acquired from a private company engaged in public 
    transportation after July 9, 1964, or to operate a public 
    transportation facility or equipment in competition with, or in 
    addition to, transportation service provided by an existing public 
    transportation company, only if--
            ``(A) the Secretary determines that such financial 
        assistance is essential to a program of projects required under 
        sections 5303, 5304, and 5306;
            ``(B) the Secretary determines that the program provides 
        for the participation of private companies engaged in public 
        transportation to the maximum extent feasible; and
            ``(C) just compensation under State or local law will be 
        paid to the company for its franchise or property.
        ``(2) Limitation.--A governmental authority may not use 
    financial assistance of the United States Government to acquire 
    land, equipment, or a facility used in public transportation from 
    another governmental authority in the same geographic area.
    ``(b) Relocation and Real Property Requirements.--The Uniform 
Relocation Assistance and Real Property Acquisition Policies Act of 
1970 (42 U.S.C. 4601 et seq.) shall apply to financial assistance for 
capital projects under this chapter.
    ``(c) Consideration of Economic, Social, and Environmental 
Interests.--
        ``(1) Cooperation and consultation.--The Secretary shall 
    cooperate and consult with the Secretary of the Interior and the 
    Administrator of the Environmental Protection Agency on each 
    project that may have a substantial impact on the environment.
        ``(2) Compliance with nepa.--The National Environmental Policy 
    Act of 1969 (42 U.S.C. 4321 et seq.) shall apply to financial 
    assistance for capital projects under this chapter.
    ``(d) Condition on Charter Bus Transportation Service.--
        ``(1) Agreements.--Financial assistance under this chapter may 
    be used to buy or operate a bus only if the applicant, governmental 
    authority, or publicly owned operator that receives the assistance 
    agrees that, except as provided in the agreement, the governmental 
    authority or an operator of public transportation for the 
    governmental authority will not provide charter bus transportation 
    service outside the urban area in which it provides regularly 
    scheduled public transportation service. An agreement shall provide 
    for a fair arrangement the Secretary of Transportation considers 
    appropriate to ensure that the assistance will not enable a 
    governmental authority or an operator for a governmental authority 
    to foreclose a private operator from providing intercity charter 
    bus service if the private operator can provide the service.
        ``(2) Violations.--
            ``(A) Investigations.--On receiving a complaint about a 
        violation of the agreement required under paragraph (1), the 
        Secretary shall investigate and decide whether a violation has 
        occurred.
            ``(B) Enforcement of agreements.--If the Secretary decides 
        that a violation has occurred, the Secretary shall correct the 
        violation under terms of the agreement.
            ``(C) Additional remedies.--In addition to any remedy 
        specified in the agreement, the Secretary shall bar a recipient 
        or an operator from receiving Federal transit assistance in an 
        amount the Secretary considers appropriate if the Secretary 
        finds a pattern of violations of the agreement.
    ``(e) Bond Proceeds Eligible for Local Share.--
        ``(1) Use as local matching funds.--Notwithstanding any other 
    provision of law, a recipient of assistance under section 5307, 
    5309, or 5337 may use the proceeds from the issuance of revenue 
    bonds as part of the local matching funds for a capital project.
        ``(2) Maintenance of effort.--The Secretary shall approve of 
    the use of the proceeds from the issuance of revenue bonds for the 
    remainder of the net project cost only if the Secretary finds that 
    the aggregate amount of financial support for public transportation 
    in the urbanized area provided by the State and affected local 
    governmental authorities during the next 3 fiscal years, as 
    programmed in the State transportation improvement program under 
    section 5304, is not less than the aggregate amount provided by the 
    State and affected local governmental authorities in the urbanized 
    area during the preceding 3 fiscal years.
        ``(3) Debt service reserve.--The Secretary may reimburse an 
    eligible recipient for deposits of bond proceeds in a debt service 
    reserve that the recipient establishes pursuant to section 
    5302(3)(J) from amounts made available to the recipient under 
    section 5309.
    ``(f) Schoolbus Transportation.--
        ``(1) Agreements.--Financial assistance under this chapter may 
    be used for a capital project, or to operate public transportation 
    equipment or a public transportation facility, only if the 
    applicant agrees not to provide schoolbus transportation that 
    exclusively transports students and school personnel in competition 
    with a private schoolbus operator. This subsection does not apply--
            ``(A) to an applicant that operates a school system in the 
        area to be served and a separate and exclusive schoolbus 
        program for the school system; and
            ``(B) unless a private schoolbus operator can provide 
        adequate transportation that complies with applicable safety 
        standards at reasonable rates.
        ``(2) Violations.--If the Secretary finds that an applicant, 
    governmental authority, or publicly owned operator has violated the 
    agreement required under paragraph (1), the Secretary shall bar a 
    recipient or an operator from receiving Federal transit assistance 
    in an amount the Secretary considers appropriate.
    ``(g) Buying Buses Under Other Laws.--Subsections (d) and (f) of 
this section apply to financial assistance to buy a bus under sections 
133 and 142 of title 23.
    ``(h) Grant and Loan Prohibitions.--A grant or loan may not be used 
to--
        ``(1) pay ordinary governmental or nonproject operating 
    expenses; or
        ``(2) support a procurement that uses an exclusionary or 
    discriminatory specification.
    ``(i) Government Share of Costs for Certain Projects.--
        ``(1) Acquiring vehicles and vehicle-related equipment or 
    facilities.--
            ``(A) Vehicles.--A grant for a project to be assisted under 
        this chapter that involves acquiring vehicles for purposes of 
        complying with or maintaining compliance with the Americans 
        with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) or the 
        Clean Air Act is for 85 percent of the net project cost.
            ``(B) Vehicle-related equipment or facilities.--A grant for 
        a project to be assisted under this chapter that involves 
        acquiring vehicle-related equipment or facilities required by 
        the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et 
        seq.) or vehicle-related equipment or facilities (including 
        clean fuel or alternative fuel vehicle-related equipment or 
        facilities) for purposes of complying with or maintaining 
        compliance with the Clean Air Act, is for 90 percent of the net 
        project cost of such equipment or facilities attributable to 
        compliance with those Acts. The Secretary shall have discretion 
        to determine, through practicable administrative procedures, 
        the costs of such equipment or facilities attributable to 
        compliance with those Acts.
        ``(2) Costs incurred by providers of public transportation by 
    vanpool.--
            ``(A) Local matching share.--The local matching share 
        provided by a recipient of assistance for a capital project 
        under this chapter may include any amounts expended by a 
        provider of public transportation by vanpool for the 
        acquisition of rolling stock to be used by such provider in the 
        recipient's service area, excluding any amounts the provider 
        may have received in Federal, State, or local government 
        assistance for such acquisition.
            ``(B) Use of revenues.--A private provider of public 
        transportation by vanpool may use revenues it receives in the 
        provision of public transportation service in the service area 
        of a recipient of assistance under this chapter that are in 
        excess of the provider's operating costs for the purpose of 
        acquiring rolling stock, if the private provider enters into a 
        legally binding agreement with the recipient that requires the 
        provider to use the rolling stock in the recipient's service 
        area.
            ``(C) Definitions.--In this paragraph, the following 
        definitions apply:
                ``(i) Private provider of public transportation by 
            vanpool.--The term `private provider of public 
            transportation by vanpool' means a private entity providing 
            vanpool services in the service area of a recipient of 
            assistance under this chapter using a commuter highway 
            vehicle or vanpool vehicle.
                ``(ii) Commuter highway vehicle; vanpool vehicle.--The 
            term `commuter highway vehicle or vanpool vehicle' means 
            any vehicle--

                    ``(I) the seating capacity of which is at least 6 
                adults (not including the driver); and
                    ``(II) at least 80 percent of the mileage use of 
                which can be reasonably expected to be for the purposes 
                of transporting commuters in connection with travel 
                between their residences and their place of employment.

    ``(j) Buy America.--
        ``(1) In general.--The Secretary may obligate an amount that 
    may be appropriated to carry out this chapter for a project only if 
    the steel, iron, and manufactured goods used in the project are 
    produced in the United States.
        ``(2) Waiver.--The Secretary may waive paragraph (1) of this 
    subsection if the Secretary finds that--
            ``(A) applying paragraph (1) would be inconsistent with the 
        public interest;
            ``(B) the steel, iron, and goods produced in the United 
        States are not produced in a sufficient and reasonably 
        available amount or are not of a satisfactory quality;
            ``(C) when procuring rolling stock (including train 
        control, communication, and traction power equipment) under 
        this chapter--
                ``(i) the cost of components and subcomponents produced 
            in the United States is more than 60 percent of the cost of 
            all components of the rolling stock; and
                ``(ii) final assembly of the rolling stock has occurred 
            in the United States; or
            ``(D) including domestic material will increase the cost of 
        the overall project by more than 25 percent.
        ``(3) Written waiver determination and annual report.--
            ``(A) Written determination.--Before issuing a waiver under 
        paragraph (2), the Secretary shall--
                ``(i) publish in the Federal Register and make publicly 
            available in an easily identifiable location on the website 
            of the Department of Transportation a detailed written 
            explanation of the waiver determination; and
                ``(ii) provide the public with a reasonable period of 
            time for notice and comment.
            ``(B) Annual report.--Not later than 1 year after the date 
        of enactment of the Federal Public Transportation Act of 2012, 
        and annually thereafter, the Secretary shall submit to the 
        Committee on Banking, Housing, and Urban Affairs of the Senate 
        and the Committee on Transportation and Infrastructure of the 
        House of Representatives a report listing any waiver issued 
        under paragraph (2) during the preceding year.
        ``(4) Labor costs for final assembly.--In this subsection, 
    labor costs involved in final assembly are not included in 
    calculating the cost of components.
        ``(5) Waiver prohibited.--The Secretary may not make a waiver 
    under paragraph (2) of this subsection for goods produced in a 
    foreign country if the Secretary, in consultation with the United 
    States Trade Representative, decides that the government of that 
    foreign country--
            ``(A) has an agreement with the United States Government 
        under which the Secretary has waived the requirement of this 
        subsection; and
            ``(B) has violated the agreement by discriminating against 
        goods to which this subsection applies that are produced in the 
        United States and to which the agreement applies.
        ``(6) Penalty for mislabeling and misrepresentation.--A person 
    is ineligible under subpart 9.4 of the Federal Acquisition 
    Regulation, or any successor thereto, to receive a contract or 
    subcontract made with amounts authorized under the Federal Public 
    Transportation Act of 2012 if a court or department, agency, or 
    instrumentality of the Government decides the person 
    intentionally--
            ``(A) affixed a `Made in America' label, or a label with an 
        inscription having the same meaning, to goods sold in or 
        shipped to the United States that are used in a project to 
        which this subsection applies but not produced in the United 
        States; or
            ``(B) represented that goods described in subparagraph (A) 
        of this paragraph were produced in the United States.
        ``(7) State requirements.--The Secretary may not impose any 
    limitation on assistance provided under this chapter that restricts 
    a State from imposing more stringent requirements than this 
    subsection on the use of articles, materials, and supplies mined, 
    produced, or manufactured in foreign countries in projects carried 
    out with that assistance or restricts a recipient of that 
    assistance from complying with those State-imposed requirements.
        ``(8) Opportunity to correct inadvertent error.--The Secretary 
    may allow a manufacturer or supplier of steel, iron, or 
    manufactured goods to correct after bid opening any certification 
    of noncompliance or failure to properly complete the certification 
    (but not including failure to sign the certification) under this 
    subsection if such manufacturer or supplier attests under penalty 
    of perjury that such manufacturer or supplier submitted an 
    incorrect certification as a result of an inadvertent or clerical 
    error. The burden of establishing inadvertent or clerical error is 
    on the manufacturer or supplier.
        ``(9) Administrative review.--A party adversely affected by an 
    agency action under this subsection shall have the right to seek 
    review under section 702 of title 5.
    ``(k) Participation of Governmental Agencies in Design and Delivery 
of Transportation Services.--Governmental agencies and nonprofit 
organizations that receive assistance from Government sources (other 
than the Department of Transportation) for nonemergency transportation 
services shall--
        ``(1) participate and coordinate with recipients of assistance 
    under this chapter in the design and delivery of transportation 
    services; and
        ``(2) be included in the planning for those services.
    ``(l) Relationship to Other Laws.--
        ``(1) Fraud and false statements.--Section 1001 of title 18 
    applies to a certificate, submission, or statement provided under 
    this chapter. The Secretary may terminate financial assistance 
    under this chapter and seek reimbursement directly, or by 
    offsetting amounts, available under this chapter if the Secretary 
    determines that a recipient of such financial assistance has made a 
    false or fraudulent statement or related act in connection with a 
    Federal public transportation program.
        ``(2) Political activities of nonsupervisory employees.--The 
    provision of assistance under this chapter shall not be construed 
    to require the application of chapter 15 of title 5 to any 
    nonsupervisory employee of a public transportation system (or any 
    other agency or entity performing related functions) to whom such 
    chapter does not otherwise apply.
    ``(m) Preaward and Postdelivery Review of Rolling Stock 
Purchases.--The Secretary shall prescribe regulations requiring a 
preaward and postdelivery review of a grant under this chapter to buy 
rolling stock to ensure compliance with Government motor vehicle safety 
requirements, subsection (j) of this section, and bid specifications 
requirements of grant recipients under this chapter. Under this 
subsection, independent inspections and review are required, and a 
manufacturer certification is not sufficient. Rolling stock 
procurements of 20 vehicles or fewer made for the purpose of serving 
rural areas and urbanized areas with populations of 200,000 or fewer 
shall be subject to the same requirements as established for 
procurements of 10 or fewer buses under the post-delivery purchaser's 
requirements certification process under section 663.37(c) of title 49, 
Code of Federal Regulations.
    ``(n) Submission of Certifications.--A certification required under 
this chapter and any additional certification or assurance required by 
law or regulation to be submitted to the Secretary may be consolidated 
into a single document to be submitted annually as part of a grant 
application under this chapter. The Secretary shall publish annually a 
list of all certifications required under this chapter with the 
publication required under section 5336(d)(2).
    ``(o) Grant Requirements.--The grant requirements under sections 
5307, 5309, and 5337 apply to any project under this chapter that 
receives any assistance or other financing under chapter 6 (other than 
section 609) of title 23.
    ``(p) Alternative Fueling Facilities.--A recipient of assistance 
under this chapter may allow the incidental use of federally funded 
alternative fueling facilities and equipment by nontransit public 
entities and private entities if--
        ``(1) the incidental use does not interfere with the 
    recipient's public transportation operations;
        ``(2) all costs related to the incidental use are fully 
    recaptured by the recipient from the nontransit public entity or 
    private entity;
        ``(3) the recipient uses revenues received from the incidental 
    use in excess of costs for planning, capital, and operating 
    expenses that are incurred in providing public transportation; and
        ``(4) private entities pay all applicable excise taxes on fuel.
    ``(q) Corridor Preservation.--
        ``(1) In general.--The Secretary may assist a recipient in 
    acquiring right-of-way before the completion of the environmental 
    reviews for any project that may use the right-of-way if the 
    acquisition is otherwise permitted under Federal law. The Secretary 
    may establish restrictions on such an acquisition as the Secretary 
    determines to be necessary and appropriate.
        ``(2) Environmental reviews.--Right-of-way acquired under this 
    subsection may not be developed in anticipation of the project 
    until all required environmental reviews for the project have been 
    completed.
    ``(r) Reasonable Access to Public Transportation Facilities.--A 
recipient of assistance under this chapter may not deny reasonable 
access for a private intercity or charter transportation operator to 
federally funded public transportation facilities, including intermodal 
facilities, park and ride lots, and bus-only highway lanes. In 
determining reasonable access, capacity requirements of the recipient 
of assistance and the extent to which access would be detrimental to 
existing public transportation services must be considered.''.
SEC. 20017. PUBLIC TRANSPORTATION EMERGENCY RELIEF PROGRAM.
    (a) In General.--Section 5324 of title 49, United States Code, is 
amended to read as follows:
``Sec. 5324. Public transportation emergency relief program
    ``(a) Definition.--In this section the following definitions shall 
apply:
        ``(1) Eligible operating costs.--The term `eligible operating 
    costs' means costs relating to--
            ``(A) evacuation services;
            ``(B) rescue operations;
            ``(C) temporary public transportation service; or
            ``(D) reestablishing, expanding, or relocating public 
        transportation route service before, during, or after an 
        emergency.
        ``(2) Emergency.--The term `emergency' means a natural disaster 
    affecting a wide area (such as a flood, hurricane, tidal wave, 
    earthquake, severe storm, or landslide) or a catastrophic failure 
    from any external cause, as a result of which--
            ``(A) the Governor of a State has declared an emergency and 
        the Secretary has concurred; or
            ``(B) the President has declared a major disaster under 
        section 401 of the Robert T. Stafford Disaster Relief and 
        Emergency Assistance Act (42 U.S.C. 5170).
    ``(b) General Authority.--The Secretary may make grants and enter 
into contracts and other agreements (including agreements with 
departments, agencies, and instrumentalities of the Government) for--
        ``(1) capital projects to protect, repair, reconstruct, or 
    replace equipment and facilities of a public transportation system 
    operating in the United States or on an Indian reservation that the 
    Secretary determines is in danger of suffering serious damage, or 
    has suffered serious damage, as a result of an emergency; and
        ``(2) eligible operating costs of public transportation 
    equipment and facilities in an area directly affected by an 
    emergency during--
            ``(A) the 1-year period beginning on the date of a 
        declaration described in subsection (a)(2); or
            ``(B) if the Secretary determines there is a compelling 
        need, the 2-year period beginning on the date of a declaration 
        described in subsection (a)(2).
    ``(c) Coordination of Emergency Funds.--
        ``(1) Use of funds.--Funds appropriated to carry out this 
    section shall be in addition to any other funds available under 
    this chapter.
        ``(2) No effect on other government activity.--The provision of 
    funds under this section shall not affect the ability of any other 
    agency of the Government, including the Federal Emergency 
    Management Agency, or a State agency, a local governmental entity, 
    organization, or person, to provide any other funds otherwise 
    authorized by law.
        ``(3) Notification.--The Secretary shall notify the Secretary 
    of Homeland Security of the purpose and amount of any grant made or 
    contract or other agreement entered into under this section.
    ``(d) Grant Requirements.--A grant awarded under this section or 
under section 5307 or 5311 that is made to address an emergency defined 
under subsection (a)(2) shall be--
        ``(1) subject to the terms and conditions the Secretary 
    determines are necessary; and
        ``(2) made only for expenses that are not reimbursed under the 
    Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 
    U.S.C. 5121 et seq.).
    ``(e) Government Share of Costs.--
        ``(1) Capital projects and operating assistance.--A grant, 
    contract, or other agreement for a capital project or eligible 
    operating costs under this section shall be, at the option of the 
    recipient, for not more than 80 percent of the net project cost, as 
    determined by the Secretary.
        ``(2) Non-federal share.--The remainder of the net project cost 
    may be provided from an undistributed cash surplus, a replacement 
    or depreciation cash fund or reserve, or new capital.
        ``(3) Waiver.--The Secretary may waive, in whole or part, the 
    non-Federal share required under--
            ``(A) paragraph (2); or
            ``(B) section 5307 or 5311, in the case of a grant made 
        available under section 5307 or 5311, respectively, to address 
        an emergency.''.
    (b) Memorandum of Agreement.--
        (1) Purposes.--The purposes of this subsection are--
            (A) to improve coordination between the Department of 
        Transportation and the Department of Homeland Security; and
            (B) to expedite the provision of Federal assistance for 
        public transportation systems for activities relating to a 
        major disaster or emergency declared by the President under the 
        Robert T. Stafford Disaster Relief and Emergency Assistance Act 
        (42 U.S.C. 5121 et seq.) (referred to in this subsection as a 
        ``major disaster or emergency'').
        (2) Agreement.--Not later than 180 days after the date of 
    enactment of this Act, the Secretary of Transportation and the 
    Secretary of Homeland Security shall enter into a memorandum of 
    agreement to coordinate the roles and responsibilities of the 
    Department of Transportation and the Department of Homeland 
    Security in providing assistance for public transportation, 
    including the provision of public transportation services and the 
    repair and restoration of public transportation systems in areas 
    for which the President has declared a major disaster or emergency.
        (3) Contents of agreement.--The memorandum of agreement 
    required under paragraph (2) shall--
            (A) provide for improved coordination and expeditious use 
        of public transportation, as appropriate, in response to and 
        recovery from a major disaster or emergency;
            (B) establish procedures to address--
                (i) issues that have contributed to delays in the 
            reimbursement of eligible transportation-related expenses 
            relating to a major disaster or emergency;
                (ii) any challenges identified in the review under 
            paragraph (4); and
                (iii) the coordination of assistance for public 
            transportation provided under the Robert T. Stafford 
            Disaster Relief and Emergency Assistance Act and section 
            5324 of title 49, United States Code, as amended by this 
            Act, as appropriate; and
            (C) provide for the development and distribution of clear 
        guidelines for State, local, and tribal governments, including 
        public transportation systems, relating to--
                (i) assistance available for public transportation 
            systems for activities relating to a major disaster or 
            emergency--

                    (I) under the Robert T. Stafford Disaster Relief 
                and Emergency Assistance Act;
                    (II) under section 5324 of title 49, United States 
                Code, as amended by this Act; and
                    (III) from other sources, including other Federal 
                agencies; and

                (ii) reimbursement procedures that speed the process 
            of--

                    (I) applying for assistance under the Robert T. 
                Stafford Disaster Relief and Emergency Assistance Act 
                and section 5324 of title 49, United States Code, as 
                amended by this Act; and
                    (II) distributing assistance for public 
                transportation systems under the Robert T. Stafford 
                Disaster Relief and Emergency Assistance Act and 
                section 5324 of title 49, United States Code, as 
                amended by this Act.

        (4) After action review.--Before entering into a memorandum of 
    agreement under paragraph (2), the Secretary of Transportation and 
    the Secretary of Homeland Security (acting through the 
    Administrator of the Federal Emergency Management Agency), in 
    consultation with State, local, and tribal governments (including 
    public transportation systems) that have experienced a major 
    disaster or emergency, shall review after action reports relating 
    to major disasters, emergencies, and exercises, to identify areas 
    where coordination between the Department of Transportation and the 
    Department of Homeland Security and the provision of public 
    transportation services should be improved.
        (5) Factors for declarations of major disasters and 
    emergencies.--The Administrator of the Federal Emergency Management 
    Agency shall make available to State, local, and tribal 
    governments, including public transportation systems, a description 
    of the factors that the President considers in declaring a major 
    disaster or emergency, including any pre-disaster emergency 
    declaration policies.
        (6) Briefings.--
            (A) Initial briefing.--Not later than 180 days after the 
        date of enactment of this Act, the Secretary of Transportation 
        and the Secretary of Homeland Security shall jointly brief the 
        Committee on Banking, Housing, and Urban Affairs and the 
        Committee on Homeland Security and Governmental Affairs of the 
        Senate on the memorandum of agreement required under paragraph 
        (2).
            (B) Quarterly briefings.--Each quarter of the 1-year period 
        beginning on the date on which the Secretary of Transportation 
        and the Secretary of Homeland Security enter into the 
        memorandum of agreement required under paragraph (2), the 
        Secretary of Transportation and the Secretary of Homeland 
        Security shall jointly brief the Committee on Banking, Housing, 
        and Urban Affairs and the Committee on Homeland Security and 
        Governmental Affairs of the Senate on the implementation of the 
        memorandum of agreement.
SEC. 20018. CONTRACT REQUIREMENTS.
    Section 5325 of title 49, United States Code, is amended--
        (1) in subsection (e), by striking paragraph (1) and inserting 
    the following:
        ``(1) Contracts.--A recipient procuring rolling stock with 
    Government financial assistance under this chapter may make a 
    multiyear contract to buy the rolling stock and replacement parts 
    under which the recipient has an option to buy additional rolling 
    stock or replacement parts for--
            ``(A) not more than 5 years after the date of the original 
        contract for bus procurements; and
            ``(B) not more than 7 years after the date of the original 
        contract for rail procurements, provided that such option does 
        not allow for significant changes or alterations to the rolling 
        stock.''.
        (2) in subsection (h), by striking ``Federal Public 
    Transportation Act of 2005'' and inserting ``Federal Public 
    Transportation Act of 2012'';
        (3) in subsection (j)(2)(C), by striking ``, including the 
    performance reported in the Contractor Performance Assessment 
    Reports required under section 5309(l)(2)''; and
        (4) by adding at the end the following:
    ``(k) Veterans Employment.--Recipients and subrecipients of Federal 
financial assistance under this chapter shall ensure that contractors 
working on a capital project funded using such assistance give a hiring 
preference, to the extent practicable, 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. This 
subsection shall not be understood, construed 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, female, an individual with a disability, or a former 
employee.''.
SEC. 20019. TRANSIT ASSET MANAGEMENT.
    Section 5326 of title 49, United States Code, is amended to read as 
follows:
``Sec. 5326. Transit asset management
    ``(a) Definitions.--In this section the following definitions shall 
apply:
        ``(1) Capital asset.--The term `capital asset' includes 
    equipment, rolling stock, infrastructure, and facilities for use in 
    public transportation and owned or leased by a recipient or 
    subrecipient of Federal financial assistance under this chapter.
        ``(2) Transit asset management plan.--The term `transit asset 
    management plan' means a plan developed by a recipient of funding 
    under this chapter that--
            ``(A) includes, at a minimum, capital asset inventories and 
        condition assessments, decision support tools, and investment 
        prioritization; and
            ``(B) the recipient certifies complies with the rule issued 
        under this section.
        ``(3) Transit asset management system.--The term `transit asset 
    management system' means a strategic and systematic process of 
    operating, maintaining, and improving public transportation capital 
    assets effectively throughout the life cycle of such assets.
    ``(b) Transit Asset Management System.--The Secretary shall 
establish and implement a national transit asset management system, 
which shall include--
        ``(1) a definition of the term `state of good repair' that 
    includes objective standards for measuring the condition of capital 
    assets of recipients, including equipment, rolling stock, 
    infrastructure, and facilities;
        ``(2) a requirement that recipients and subrecipients of 
    Federal financial assistance under this chapter develop a transit 
    asset management plan;
        ``(3) a requirement that each designated recipient of Federal 
    financial assistance under this chapter report on the condition of 
    the system of the recipient and provide a description of any change 
    in condition since the last report;
        ``(4) an analytical process or decision support tool for use by 
    public transportation systems that--
            ``(A) allows for the estimation of capital investment needs 
        of such systems over time; and
            ``(B) assists with asset investment prioritization by such 
        systems; and
        ``(5) technical assistance to recipients of Federal financial 
    assistance under this chapter.
    ``(c) Performance Measures and Targets.--
        ``(1) In general.--Not later than 1 year after the date of 
    enactment of the Federal Public Transportation Act of 2012, the 
    Secretary shall issue a final rule to establish performance 
    measures based on the state of good repair standards established 
    under subsection (b)(1).
        ``(2) Targets.--Not later than 3 months after the date on which 
    the Secretary issues a final rule under paragraph (1), and each 
    fiscal year thereafter, each recipient of Federal financial 
    assistance under this chapter shall establish performance targets 
    in relation to the performance measures established by the 
    Secretary.
        ``(3) Reports.--Each designated recipient of Federal financial 
    assistance under this chapter shall submit to the Secretary an 
    annual report that describes--
            ``(A) the progress of the recipient during the fiscal year 
        to which the report relates toward meeting the performance 
        targets established under paragraph (2) for that fiscal year; 
        and
            ``(B) the performance targets established by the recipient 
        for the subsequent fiscal year.
    ``(d) Rulemaking.--Not later than 1 year after the date of 
enactment of the Federal Public Transportation Act of 2012, the 
Secretary shall issue a final rule to implement the transit asset 
management system described in subsection (b).''.
SEC. 20020. PROJECT MANAGEMENT OVERSIGHT.
    Section 5327 of title 49, United States Code, is amended--
        (1) in subsection (a)--
            (A) in the matter preceding paragraph (1), by striking 
        ``United States'' and all that follows through ``Secretary of 
        Transportation'' and inserting the following: ``Federal 
        financial assistance for a major capital project for public 
        transportation under this chapter or any other provision of 
        Federal law, a recipient must prepare a project management plan 
        approved by the Secretary and carry out the project in 
        accordance with the project management plan''; and
            (B) in paragraph (12), by striking ``each month'' and 
        inserting ``quarterly'';
        (2) by striking subsections (c), (d), and (f);
        (3) by inserting after subsection (b) the following:
    ``(c) Access to Sites and Records.--Each recipient of Federal 
financial assistance for public transportation under this chapter or 
any other provision of Federal law shall provide the Secretary and a 
contractor the Secretary chooses under section 5338(i) with access to 
the construction sites and records of the recipient when reasonably 
necessary.'';
        (4) by redesignating subsection (e) as subsection (d); and
        (5) in subsection (d), as so redesignated--
            (A) in paragraph (1), by striking ``subsection (c) of this 
        section'' and inserting ``section 5338(i)''; and
            (B) in paragraph (2)--
                (i) by striking ``preliminary engineering stage'' and 
            inserting ``project development phase''; and
                (ii) by striking ``another stage'' and inserting 
            ``another phase''.
SEC. 20021. PUBLIC TRANSPORTATION SAFETY.
    (a) Public Transportation Safety Program.--Section 5329 of title 
49, United States Code, is amended to read as follows:
``Sec. 5329. Public transportation safety program
    ``(a) Definition.--In this section, the term `recipient' means a 
State or local governmental authority, or any other operator of a 
public transportation system, that receives financial assistance under 
this chapter.
    ``(b) National Public Transportation Safety Plan.--
        ``(1) In general.--The Secretary shall create and implement a 
    national public transportation safety plan to improve the safety of 
    all public transportation systems that receive funding under this 
    chapter.
        ``(2) Contents of plan.--The national public transportation 
    safety plan under paragraph (1) shall include--
            ``(A) safety performance criteria for all modes of public 
        transportation;
            ``(B) the definition of the term `state of good repair' 
        established under section 5326(b);
            ``(C) minimum safety performance standards for public 
        transportation vehicles used in revenue operations that--
                ``(i) do not apply to rolling stock otherwise regulated 
            by the Secretary or any other Federal agency; and
                ``(ii) to the extent practicable, take into 
            consideration--

                    ``(I) relevant recommendations of the National 
                Transportation Safety Board; and
                    ``(II) recommendations of, and best practices 
                standards developed by, the public transportation 
                industry; and

            ``(D) a public transportation safety certification training 
        program, as described in subsection (c).
    ``(c) Public Transportation Safety Certification Training 
Program.--
        ``(1) In general.--The Secretary shall establish a public 
    transportation safety certification training program for Federal 
    and State employees, or other designated personnel, who conduct 
    safety audits and examinations of public transportation systems and 
    employees of public transportation agencies directly responsible 
    for safety oversight.
        ``(2) Interim provisions.--Not later than 90 days after the 
    date of enactment of the Federal Public Transportation Act of 2012, 
    the Secretary shall establish interim provisions for the 
    certification and training of the personnel described in paragraph 
    (1), which shall be in effect until the effective date of the final 
    rule issued by the Secretary to implement this subsection.
    ``(d) Public Transportation Agency Safety Plan.--
        ``(1) In general.--Effective 1 year after the effective date of 
    a final rule issued by the Secretary to carry out this subsection, 
    each recipient or State, as described in paragraph (3), shall 
    certify that the recipient or State has established a comprehensive 
    agency safety plan that includes, at a minimum--
            ``(A) a requirement that the board of directors (or 
        equivalent entity) of the recipient approve the agency safety 
        plan and any updates to the agency safety plan;
            ``(B) methods for identifying and evaluating safety risks 
        throughout all elements of the public transportation system of 
        the recipient;
            ``(C) strategies to minimize the exposure of the public, 
        personnel, and property to hazards and unsafe conditions;
            ``(D) a process and timeline for conducting an annual 
        review and update of the safety plan of the recipient;
            ``(E) performance targets based on the safety performance 
        criteria and state of good repair standards established under 
        subparagraphs (A) and (B), respectively, of subsection (b)(2);
            ``(F) assignment of an adequately trained safety officer 
        who reports directly to the general manager, president, or 
        equivalent officer of the recipient; and
            ``(G) a comprehensive staff training program for the 
        operations personnel and personnel directly responsible for 
        safety of the recipient that includes--
                ``(i) the completion of a safety training program; and
                ``(ii) continuing safety education and training.
        ``(2) Interim agency safety plan.--A system safety plan 
    developed pursuant to part 659 of title 49, Code of Federal 
    Regulations, as in effect on the date of enactment of the Federal 
    Public Transportation Act of 2012, shall remain in effect until 
    such time as this subsection takes effect.
        ``(3) Public transportation agency safety plan drafting and 
    certification.--
            ``(A) Section 5311.--For a recipient receiving assistance 
        under section 5311, a State safety plan may be drafted and 
        certified by the recipient or a State.
            ``(B) Section 5307.--Not later than 120 days after the date 
        of enactment of the Federal Public Transportation Act of 2012, 
        the Secretary shall issue a rule designating recipients of 
        assistance under section 5307 that are small public 
        transportation providers or systems that may have their State 
        safety plans drafted or certified by a State.
    ``(e) State Safety Oversight Program.--
        ``(1) Applicability.--This subsection applies only to eligible 
    States.
        ``(2) Definition.--In this subsection, the term `eligible 
    State' means a State that has--
            ``(A) a rail fixed guideway public transportation system 
        within the jurisdiction of the State that is not subject to 
        regulation by the Federal Railroad Administration; or
            ``(B) a rail fixed guideway public transportation system in 
        the engineering or construction phase of development within the 
        jurisdiction of the State that will not be subject to 
        regulation by the Federal Railroad Administration.
        ``(3) In general.--In order to obligate funds apportioned under 
    section 5338 to carry out this chapter, effective 3 years after the 
    date on which a final rule under this subsection becomes effective, 
    an eligible State shall have in effect a State safety oversight 
    program approved by the Secretary under which the State--
            ``(A) assumes responsibility for overseeing rail fixed 
        guideway public transportation safety;
            ``(B) adopts and enforces Federal and relevant State laws 
        on rail fixed guideway public transportation safety;
            ``(C) establishes a State safety oversight agency;
            ``(D) determines, in consultation with the Secretary, an 
        appropriate staffing level for the State safety oversight 
        agency that is commensurate with the number, size, and 
        complexity of the rail fixed guideway public transportation 
        systems in the eligible State;
            ``(E) requires that employees and other designated 
        personnel of the eligible State safety oversight agency who are 
        responsible for rail fixed guideway public transportation 
        safety oversight are qualified to perform such functions 
        through appropriate training, including successful completion 
        of the public transportation safety certification training 
        program established under subsection (c); and
            ``(F) prohibits any public transportation agency from 
        providing funds to the State safety oversight agency or an 
        entity designated by the eligible State as the State safety 
        oversight agency under paragraph (4).
        ``(4) State safety oversight agency.--
            ``(A) In general.--Each State safety oversight program 
        shall establish a State safety oversight agency that--
                ``(i) is financially and legally independent from any 
            public transportation entity that the State safety 
            oversight agency oversees;
                ``(ii) does not directly provide public transportation 
            services in an area with a rail fixed guideway public 
            transportation system subject to the requirements of this 
            section;
                ``(iii) does not employ any individual who is also 
            responsible for the administration of rail fixed guideway 
            public transportation programs subject to the requirements 
            of this section;
                ``(iv) has the authority to review, approve, oversee, 
            and enforce the implementation by the rail fixed guideway 
            public transportation agency of the public transportation 
            agency safety plan required under subsection (d);
                ``(v) has investigative and enforcement authority with 
            respect to the safety of rail fixed guideway public 
            transportation systems of the eligible State;
                ``(vi) audits, at least once triennially, the 
            compliance of the rail fixed guideway public transportation 
            systems in the eligible State subject to this subsection 
            with the public transportation agency safety plan required 
            under subsection (d); and
                ``(vii) provides, at least once annually, a status 
            report on the safety of the rail fixed guideway public 
            transportation systems the State safety oversight agency 
            oversees to--

                    ``(I) the Federal Transit Administration;
                    ``(II) the Governor of the eligible State; and
                    ``(III) the board of directors, or equivalent 
                entity, of any rail fixed guideway public 
                transportation system that the State safety oversight 
                agency oversees.

            ``(B) Waiver.--At the request of an eligible State, the 
        Secretary may waive clauses (i) and (iii) of subparagraph (A) 
        for eligible States with 1 or more rail fixed guideway systems 
        in revenue operations, design, or construction, that--
                ``(i) have fewer than 1,000,000 combined actual and 
            projected rail fixed guideway revenue miles per year; or
                ``(ii) provide fewer than 10,000,000 combined actual 
            and projected unlinked passenger trips per year.
        ``(5) Programs for multi-state rail fixed guideway public 
    transportation systems.--An eligible State that has within the 
    jurisdiction of the eligible State a rail fixed guideway public 
    transportation system that operates in more than 1 eligible State 
    shall--
            ``(A) jointly with all other eligible States in which the 
        rail fixed guideway public transportation system operates, 
        ensure uniform safety standards and enforcement procedures that 
        shall be in compliance with this section, and establish and 
        implement a State safety oversight program approved by the 
        Secretary; or
            ``(B) jointly with all other eligible States in which the 
        rail fixed guideway public transportation system operates, 
        designate an entity having characteristics consistent with the 
        characteristics described in paragraph (3) to carry out the 
        State safety oversight program approved by the Secretary.
        ``(6) Grants.--
            ``(A) In general.--The Secretary shall make grants to 
        eligible States to develop or carry out State safety oversight 
        programs under this subsection. Grant funds may be used for 
        program operational and administrative expenses, including 
        employee training activities.
            ``(B) Apportionment.--
                ``(i) Formula.--The amount made available for State 
            safety oversight under section 5336(h) shall be apportioned 
            among eligible States under a formula to be established by 
            the Secretary. Such formula shall take into account fixed 
            guideway vehicle revenue miles, fixed guideway route miles, 
            and fixed guideway vehicle passenger miles attributable to 
            all rail fixed guideway systems not subject to regulation 
            by the Federal Railroad Administration within each eligible 
            State.
                ``(ii) Administrative requirements.--Grant funds 
            apportioned to States under this paragraph shall be subject 
            to uniform administrative requirements for grants and 
            cooperative agreements to State and local governments under 
            part 18 of title 49, Code of Federal Regulations, and shall 
            be subject to the requirements of this chapter as the 
            Secretary determines appropriate.
            ``(C) Government share.--
                ``(i) In general.--The Government share of the 
            reasonable cost of a State safety oversight program 
            developed or carried out using a grant under this paragraph 
            shall be 80 percent.
                ``(ii) In-kind contributions.--Any calculation of the 
            non-Government share of a State safety oversight program 
            shall include in-kind contributions by an eligible State.
                ``(iii) Non-government share.--The non-Government share 
            of the cost of a State safety oversight program developed 
            or carried out using a grant under this paragraph may not 
            be met by--

                    ``(I) any Federal funds;
                    ``(II) any funds received from a public 
                transportation agency; or
                    ``(III) any revenues earned by a public 
                transportation agency.

                ``(iv) Safety training program.--Recipients of funds 
            made available to carry out sections 5307 and 5311 may use 
            not more than 0.5 percent of their formula funds to pay not 
            more than 80 percent of the cost of participation in the 
            public transportation safety certification training program 
            established under subsection (c), by an employee of a State 
            safety oversight agency or a recipient who is directly 
            responsible for safety oversight.
        ``(7) Certification process.--
            ``(A) In general.--Not later than 1 year after the date of 
        enactment of the Federal Public Transportation Act of 2012, the 
        Secretary shall determine whether or not each State safety 
        oversight program meets the requirements of this subsection and 
        the State safety oversight program is adequate to promote the 
        purposes of this section.
            ``(B) Issuance of certifications and denials.--The 
        Secretary shall issue a certification to each eligible State 
        that the Secretary determines under subparagraph (A) adequately 
        meets the requirements of this subsection, and shall issue a 
        denial of certification to each eligible State that the 
        Secretary determines under subparagraph (A) does not adequately 
        meet the requirements of this subsection.
            ``(C) Disapproval.--If the Secretary determines that a 
        State safety oversight program does not meet the requirements 
        of this subsection and denies certification, the Secretary 
        shall transmit to the eligible State a written explanation and 
        allow the eligible State to modify and resubmit the State 
        safety oversight program for approval.
            ``(D) Failure to correct.--If the Secretary determines that 
        a modification by an eligible State of the State safety 
        oversight program is not sufficient to certify the program, the 
        Secretary--
                ``(i) shall notify the Governor of the eligible State 
            of such denial of certification and failure to adequately 
            modify the program, and shall request that the Governor 
            take all possible actions to correct deficiencies in the 
            program to ensure the certification of the program; and
                ``(ii) may--

                    ``(I) withhold funds available under paragraph (6) 
                in an amount determined by the Secretary;
                    ``(II) withhold not more than 5 percent of the 
                amount required to be appropriated for use in a State 
                or urbanized area in the State under section 5307 of 
                this title, until the State safety oversight program 
                has been certified; or
                    ``(III) require fixed guideway public 
                transportation systems under such State safety 
                oversight program to provide up to 100 percent of 
                Federal assistance made available under this chapter 
                only for safety-related improvements on such systems, 
                until the State safety oversight program has been 
                certified.

        ``(8) Evaluation of program and annual report.--The Secretary 
    shall continually evaluate the implementation of a State safety 
    oversight program by a State safety oversight agency, and shall 
    submit on or before July 1 of each year to the Committee on 
    Banking, Housing, and Urban Affairs of the Senate and the Committee 
    on Transportation and Infrastructure of the House of 
    Representatives a report on--
            ``(A) the amount of funds apportioned to each eligible 
        State; and
            ``(B) the certification status of each State safety 
        oversight program, including what steps a State program that 
        has been denied certification must take in order to be 
        certified.
        ``(9) Federal oversight.--The Secretary shall--
            ``(A) oversee the implementation of each State safety 
        oversight program under this subsection;
            ``(B) audit the operations of each State safety oversight 
        agency at least once triennially; and
            ``(C) issue rules to carry out this subsection.
    ``(f) Authority of Secretary.--In carrying out this section, the 
Secretary may--
        ``(1) conduct inspections, investigations, audits, 
    examinations, and testing of the equipment, facilities, rolling 
    stock, and operations of the public transportation system of a 
    recipient;
        ``(2) make reports and issue directives with respect to the 
    safety of the public transportation system of a recipient;
        ``(3) in conjunction with an accident investigation or an 
    investigation into a pattern or practice of conduct that negatively 
    affects public safety, issue a subpoena to, and take the deposition 
    of, any employee of a recipient or a State safety oversight agency, 
    if--
            ``(A) before the issuance of the subpoena, the Secretary 
        requests a determination by the Attorney General of the United 
        States as to whether the subpoena will interfere with an 
        ongoing criminal investigation; and
            ``(B) the Attorney General--
                ``(i) determines that the subpoena will not interfere 
            with an ongoing criminal investigation; or
                ``(ii) fails to make a determination under clause (i) 
            before the date that is 30 days after the date on which the 
            Secretary makes a request under subparagraph (A);
        ``(4) require the production of documents by, and prescribe 
    recordkeeping and reporting requirements for, a recipient or a 
    State safety oversight agency;
        ``(5) investigate public transportation accidents and incidents 
    and provide guidance to recipients regarding prevention of 
    accidents and incidents;
        ``(6) at reasonable times and in a reasonable manner, enter and 
    inspect equipment, facilities, rolling stock, operations, and 
    relevant records of the public transportation system of a 
    recipient; and
        ``(7) issue rules to carry out this section.
    ``(g) Enforcement Actions.--
        ``(1) Types of enforcement actions.--The Secretary may take 
    enforcement action against an eligible State, as defined in 
    subsection (e), that does not comply with Federal law with respect 
    to the safety of the public transportation system, including--
            ``(A) issuing directives;
            ``(B) requiring more frequent oversight of the recipient by 
        a State safety oversight agency or the Secretary;
            ``(C) imposing more frequent reporting requirements; and
            ``(D) requiring that any Federal financial assistance 
        provided under this chapter be spent on correcting safety 
        deficiencies identified by the Secretary or the State safety 
        oversight agency before such funds are spent on other projects.
        ``(2) Use or withholding of funds.--
            ``(A) In general.--The Secretary may require the use of 
        funds in accordance with paragraph (1)(D) only if the Secretary 
        finds that a recipient is engaged in a pattern or practice of 
        serious safety violations or has otherwise refused to comply 
        with Federal law relating to the safety of the public 
        transportation system.
            ``(B) Notice.--Before withholding funds from a recipient, 
        the Secretary shall provide to the recipient--
                ``(i) written notice of a violation and the amount 
            proposed to be withheld; and
                ``(ii) a reasonable period of time within which the 
            recipient may address the violation or propose and initiate 
            an alternative means of compliance that the Secretary 
            determines is acceptable.
    ``(h) Cost-benefit Analysis.--
        ``(1) Analysis required.--In carrying out this section, the 
    Secretary shall take into consideration the costs and benefits of 
    each action the Secretary proposes to take under this section.
        ``(2) Waiver.--The Secretary may waive the requirement under 
    this subsection if the Secretary determines that such a waiver is 
    in the public interest.
    ``(i) Consultation by the Secretary of Homeland Security.--The 
Secretary of Homeland Security shall consult with the Secretary of 
Transportation before the Secretary of Homeland Security issues a rule 
or order that the Secretary of Transportation determines affects the 
safety of public transportation design, construction, or operations.
    ``(j) Actions Under State Law.--
        ``(1) Rule of construction.--Nothing in this section shall be 
    construed to preempt an action under State law seeking damages for 
    personal injury, death, or property damage alleging that a party 
    has failed to comply with--
            ``(A) a Federal standard of care established by a 
        regulation or order issued by the Secretary under this section; 
        or
            ``(B) its own program, rule, or standard that it created 
        pursuant to a rule or order issued by the Secretary.
        ``(2) Effective date.--This subsection shall apply to any cause 
    of action under State law arising from an event or activity 
    occurring on or after the date of enactment of the Federal Public 
    Transportation Act of 2012.
        ``(3) Jurisdiction.--Nothing in this section shall be construed 
    to create a cause of action under Federal law on behalf of an 
    injured party or confer Federal question jurisdiction for a State 
    law cause of action.
    ``(k) National Public Transportation Safety Report.--Not later than 
3 years after the date of enactment of the Federal Public 
Transportation Act of 2012, the Secretary shall submit to the Committee 
on Banking, Housing, and Urban Affairs of the Senate and the Committee 
on Transportation and Infrastructure of the House of Representatives a 
report that--
        ``(1) analyzes public transportation safety trends among the 
    States and documents the most effective safety programs implemented 
    using grants under this section; and
        ``(2) describes the effect on public transportation safety of 
    activities carried out using grants under this section.''.
    (b) Bus Safety Study.--
        (1) Definition.--In this subsection, the term ``highway route'' 
    means a route where 50 percent or more of the route is on roads 
    having a speed limit of more than 45 miles per hour.
        (2) Study.--Not later than 180 days after the date of enactment 
    of this Act, the Secretary of Transportation shall submit to the 
    Committee on Banking, Housing, and Urban Affairs of the Senate and 
    the Committee on Transportation and Infrastructure of the House of 
    Representatives a report that--
            (A) examines the safety of public transportation buses that 
        travel on highway routes;
            (B) examines laws and regulations that apply to commercial 
        over-the-road buses; and
            (C) makes recommendations as to whether additional safety 
        measures should be required for public transportation buses 
        that travel on highway routes.
SEC. 20022. ALCOHOL AND CONTROLLED SUBSTANCES TESTING.
    Section 5331 of title 49, United States Code, is amended by 
striking subsection (g) and inserting the following:
    ``(g) Conditions on Federal Assistance.--
        ``(1) Ineligibility for assistance.--A person that receives 
    funds under this chapter is not eligible for financial assistance 
    under section 5307, 5309, or 5311 of this title if the person is 
    required, under regulations the Secretary prescribes under this 
    section, to establish a program of alcohol and controlled 
    substances testing and does not establish the program in accordance 
    with this section.
        ``(2) Additional remedies.--If the Secretary determines that a 
    person that receives funds under this chapter is not in compliance 
    with regulations prescribed under this section, the Secretary may 
    bar the person from receiving Federal transit assistance in an 
    amount the Secretary considers appropriate.''.
SEC. 20023. NONDISCRIMINATION.
    (a) Amendments.--Section 5332 of title 49, United States Code, is 
amended--
        (1) in subsection (b)--
            (A) by striking ``creed'' and inserting ``religion''; and
            (B) by inserting ``disability,'' after ``sex,''; and
        (2) in subsection (d)(3), by striking ``and'' and inserting 
    ``or''.
    (b) Evaluation and Report.--
        (1) Evaluation.--The Comptroller General of the United States 
    shall evaluate the progress and effectiveness of the Federal 
    Transit Administration in assisting recipients of assistance under 
    chapter 53 of title 49, United States Code, to comply with section 
    5332(b) of title 49, including--
            (A) by reviewing discrimination complaints, reports, and 
        other relevant information collected or prepared by the Federal 
        Transit Administration or recipients of assistance from the 
        Federal Transit Administration pursuant to any applicable civil 
        rights statute, regulation, or other requirement; and
            (B) by reviewing the process that the Federal Transit 
        Administration uses to resolve discrimination complaints filed 
        by members of the public.
        (2) Report.--Not later than 1 year after the date of enactment 
    of this Act, the Comptroller General shall submit to the Committee 
    on Banking, Housing, and Urban Affairs of the Senate and the 
    Committee on Transportation and Infrastructure of the House of 
    Representatives a report concerning the evaluation under paragraph 
    (1) that includes--
            (A) a description of the ability of the Federal Transit 
        Administration to address discrimination and foster equal 
        opportunities in federally funded public transportation 
        projects, programs, and activities;
            (B) recommendations for improvements if the Comptroller 
        General determines that improvements are necessary; and
            (C) information upon which the evaluation under paragraph 
        (1) is based.
SEC. 20024. ADMINISTRATIVE PROVISIONS.
    Section 5334 of title 49, United States Code, is amended--
        (1) in subsection (a)(1), by striking ``under sections 5307 and 
    5309-5311 of this title'' and inserting ``that receives Federal 
    financial assistance under this chapter'';
        (2) in subsection (b)(1)--
            (A) by inserting after ``emergency,'' the following: ``or 
        for purposes of establishing and enforcing a program to improve 
        the safety of public transportation systems in the United 
        States as described in section 5329,''; and
            (B) by striking ``chapter, nor may the Secretary'' and 
        inserting ``chapter. The Secretary may not'';
        (3) in subsection (c)(4), by striking ``section (except 
    subsection (i)) and sections 5318(e), 5323(a)(2), 5325(a), 5325(b), 
    and 5325(f)'' and inserting ``subsection'';
        (4) in subsection (h)(3), by striking ``another'' and inserting 
    ``any other'';
        (5) in subsection (i)(1), by striking ``title 23 shall'' and 
    inserting ``title 23 may'';
        (6) by striking subsection (j); and
        (7) by redesignating subsections (k) and (l) as subsections (j) 
    and (k), respectively.
SEC. 20025. NATIONAL TRANSIT DATABASE.
    (a) Amendments.--Section 5335 of title 49, United States Code, is 
amended--
        (1) in subsection (a), by striking ``public transportation 
    financial and operating information'' and inserting ``public 
    transportation financial, operating, and asset condition 
    information''; and
        (2) by adding at the end the following:
    ``(c) Data Required to Be Reported.--The recipient of a grant under 
this chapter shall report to the Secretary, for inclusion in the 
National Transit Database, any information relating to a transit asset 
inventory or condition assessment conducted by the recipient.''.
    (b) Data Accuracy and Reliability.--The Secretary shall--
        (1) develop and implement appropriate internal control 
    activities to ensure that public transportation safety incident 
    data is reported accurately and reliably by public transportation 
    systems and State safety oversight agencies to the State Safety 
    Oversight Rail Accident Database; and
        (2) report to the Committee on Banking, Housing, and Urban 
    Affairs of the Senate and the Committee on Transportation and 
    Infrastructure of the House of Representatives within 1 year of 
    enactment of the Federal Public Transportation Act of 2012 on the 
    steps taken to improve the accuracy and reliability of public 
    transportation safety incident data reported to the State Safety 
    Oversight Rail Accident Database.
SEC. 20026. APPORTIONMENT OF APPROPRIATIONS FOR FORMULA GRANTS.
    Section 5336 of title 49, United States Code, is amended to read as 
follows:
``Sec. 5336. Apportionment of appropriations for formula grants
    ``(a) Based on Urbanized Area Population.--Of the amount 
apportioned under subsection (h)(4) to carry out section 5307--
        ``(1) 9.32 percent shall be apportioned each fiscal year only 
    in urbanized areas with a population of less than 200,000 so that 
    each of those areas is entitled to receive an amount equal to--
            ``(A) 50 percent of the total amount apportioned multiplied 
        by a ratio equal to the population of the area divided by the 
        total population of all urbanized areas with populations of 
        less than 200,000 as shown in the most recent decennial census; 
        and
            ``(B) 50 percent of the total amount apportioned multiplied 
        by a ratio for the area based on population weighted by a 
        factor, established by the Secretary, of the number of 
        inhabitants in each square mile; and
        ``(2) 90.68 percent shall be apportioned each fiscal year only 
    in urbanized areas with populations of at least 200,000 as provided 
    in subsections (b) and (c) of this section.
    ``(b) Based on Fixed Guideway Vehicle Revenue Miles, Directional 
Route Miles, and Passenger Miles.--(1) In this subsection, `fixed 
guideway vehicle revenue miles' and `fixed guideway directional route 
miles' include passenger ferry operations directly or under contract by 
the designated recipient.
    ``(2) Of the amount apportioned under subsection (a)(2) of this 
section, 33.29 percent shall be apportioned as follows:
        ``(A) 95.61 percent of the total amount apportioned under this 
    subsection shall be apportioned so that each urbanized area with a 
    population of at least 200,000 is entitled to receive an amount 
    equal to--
            ``(i) 60 percent of the 95.61 percent apportioned under 
        this subparagraph multiplied by a ratio equal to the number of 
        fixed guideway vehicle revenue miles attributable to the area, 
        as established by the Secretary, divided by the total number of 
        all fixed guideway vehicle revenue miles attributable to all 
        areas; and
            ``(ii) 40 percent of the 95.61 percent apportioned under 
        this subparagraph multiplied by a ratio equal to the number of 
        fixed guideway directional route miles attributable to the 
        area, established by the Secretary, divided by the total number 
        of all fixed guideway directional route miles attributable to 
        all areas.
    An urbanized area with a population of at least 750,000 in which 
    commuter rail transportation is provided shall receive at least .75 
    percent of the total amount apportioned under this subparagraph.
        ``(B) 4.39 percent of the total amount apportioned under this 
    subsection shall be apportioned so that each urbanized area with a 
    population of at least 200,000 is entitled to receive an amount 
    equal to--
            ``(i) the number of fixed guideway vehicle passenger miles 
        traveled multiplied by the number of fixed guideway vehicle 
        passenger miles traveled for each dollar of operating cost in 
        an area; divided by
            ``(ii) the total number of fixed guideway vehicle passenger 
        miles traveled multiplied by the total number of fixed guideway 
        vehicle passenger miles traveled for each dollar of operating 
        cost in all areas.
    An urbanized area with a population of at least 750,000 in which 
    commuter rail transportation is provided shall receive at least .75 
    percent of the total amount apportioned under this subparagraph.
        ``(C) Under subparagraph (A) of this paragraph, fixed guideway 
    vehicle revenue or directional route miles, and passengers served 
    on those miles, in an urbanized area with a population of less than 
    200,000, where the miles and passengers served otherwise would be 
    attributable to an urbanized area with a population of at least 
    1,000,000 in an adjacent State, are attributable to the 
    governmental authority in the State in which the urbanized area 
    with a population of less than 200,000 is located. The authority is 
    deemed an urbanized area with a population of at least 200,000 if 
    the authority makes a contract for the service.
        ``(D) A recipient's apportionment under subparagraph (A)(i) of 
    this paragraph may not be reduced if the recipient, after 
    satisfying the Secretary that energy or operating efficiencies 
    would be achieved, reduces vehicle revenue miles but provides the 
    same frequency of revenue service to the same number of riders.
        ``(E) For purposes of subparagraph (A) and section 5337(c)(3), 
    the Secretary shall deem to be attributable to an urbanized area 
    not less than 22.27 percent of the fixed guideway vehicle revenue 
    miles or fixed guideway directional route miles in the public 
    transportation system of a recipient that are located outside the 
    urbanized area for which the recipient receives funds, in addition 
    to the fixed guideway vehicle revenue miles or fixed guideway 
    directional route miles of the recipient that are located inside 
    the urbanized area.
    ``(c) Based on Bus Vehicle Revenue Miles and Passenger Miles.--Of 
the amount apportioned under subsection (a)(2) of this section, 66.71 
percent shall be apportioned as follows:
        ``(1) 90.8 percent of the total amount apportioned under this 
    subsection shall be apportioned as follows:
            ``(A) 73.39 percent of the 90.8 percent apportioned under 
        this paragraph shall be apportioned so that each urbanized area 
        with a population of at least 1,000,000 is entitled to receive 
        an amount equal to--
                ``(i) 50 percent of the 73.39 percent apportioned under 
            this subparagraph multiplied by a ratio equal to the total 
            bus vehicle revenue miles operated in or directly serving 
            the urbanized area divided by the total bus vehicle revenue 
            miles attributable to all areas;
                ``(ii) 25 percent of the 73.39 percent apportioned 
            under this subparagraph multiplied by a ratio equal to the 
            population of the area divided by the total population of 
            all areas, as shown in the most recent decennial census; 
            and
                ``(iii) 25 percent of the 73.39 percent apportioned 
            under this subparagraph multiplied by a ratio for the area 
            based on population weighted by a factor, established by 
            the Secretary, of the number of inhabitants in each square 
            mile.
            ``(B) 26.61 percent of the 90.8 percent apportioned under 
        this paragraph shall be apportioned so that each urbanized area 
        with a population of at least 200,000 but not more than 999,999 
        is entitled to receive an amount equal to--
                ``(i) 50 percent of the 26.61 percent apportioned under 
            this subparagraph multiplied by a ratio equal to the total 
            bus vehicle revenue miles operated in or directly serving 
            the urbanized area divided by the total bus vehicle revenue 
            miles attributable to all areas;
                ``(ii) 25 percent of the 26.61 percent apportioned 
            under this subparagraph multiplied by a ratio equal to the 
            population of the area divided by the total population of 
            all areas, as shown by the most recent decennial census; 
            and
                ``(iii) 25 percent of the 26.61 percent apportioned 
            under this subparagraph multiplied by a ratio for the area 
            based on population weighted by a factor, established by 
            the Secretary, of the number of inhabitants in each square 
            mile.
        ``(2) 9.2 percent of the total amount apportioned under this 
    subsection shall be apportioned so that each urbanized area with a 
    population of at least 200,000 is entitled to receive an amount 
    equal to--
            ``(A) the number of bus passenger miles traveled multiplied 
        by the number of bus passenger miles traveled for each dollar 
        of operating cost in an area; divided by
            ``(B) the total number of bus passenger miles traveled 
        multiplied by the total number of bus passenger miles traveled 
        for each dollar of operating cost in all areas.
    ``(d) Date of Apportionment.--The Secretary shall--
        ``(1) apportion amounts appropriated under section 
    5338(a)(2)(C) of this title to carry out section 5307 of this title 
    not later than the 10th day after the date the amounts are 
    appropriated or October 1 of the fiscal year for which the amounts 
    are appropriated, whichever is later; and
        ``(2) publish apportionments of the amounts, including amounts 
    attributable to each urbanized area with a population of more than 
    50,000 and amounts attributable to each State of a multistate 
    urbanized area, on the apportionment date.
    ``(e) Amounts Not Apportioned to Designated Recipients.--The 
Governor of a State may expend in an urbanized area with a population 
of less than 200,000 an amount apportioned under this section that is 
not apportioned to a designated recipient, as defined in section 
5302(4).
    ``(f) Transfers of Apportionments.--(1) The Governor of a State may 
transfer any part of the State's apportionment under subsection (a)(1) 
of this section to supplement amounts apportioned to the State under 
section 5311(c)(3). The Governor may make a transfer only after 
consulting with responsible local officials and publicly owned 
operators of public transportation in each area for which the amount 
originally was apportioned under this section.
    ``(2) The Governor of a State may transfer any part of the State's 
apportionment under section 5311(c)(3) to supplement amounts 
apportioned to the State under subsection (a)(1) of this section.
    ``(3) The Governor of a State may use throughout the State amounts 
of a State's apportionment remaining available for obligation at the 
beginning of the 90-day period before the period of the availability of 
the amounts expires.
    ``(4) A designated recipient for an urbanized area with a 
population of at least 200,000 may transfer a part of its apportionment 
under this section to the Governor of a State. The Governor shall 
distribute the transferred amounts to urbanized areas under this 
section.
    ``(5) Capital and operating assistance limitations applicable to 
the original apportionment apply to amounts transferred under this 
subsection.
    ``(g) Period of Availability to Recipients.--An amount apportioned 
under this section may be obligated by the recipient for 5 years after 
the fiscal year in which the amount is apportioned. Not later than 30 
days after the end of the 5-year period, an amount that is not 
obligated at the end of that period shall be added to the amount that 
may be apportioned under this section in the next fiscal year.
    ``(h) Apportionments.--Of the amounts made available for each 
fiscal year under section 5338(a)(2)(C)--
        ``(1) $30,000,000 shall be set aside to carry out section 
    5307(h);
        ``(2) 3.07 percent shall be apportioned to urbanized areas in 
    accordance with subsection (j);
        ``(3) of amounts not apportioned under paragraphs (1) and (2), 
    1.5 percent shall be apportioned to urbanized areas with 
    populations of less than 200,000 in accordance with subsection (i);
        ``(4) 0.5 percent shall be apportioned to eligible States for 
    State safety oversight program grants in accordance with section 
    5329(e)(6); and
        ``(5) any amount not apportioned under paragraphs (1), (2), 
    (3), and (4) shall be apportioned to urbanized areas in accordance 
    with subsections (a) through (c).
    ``(i) Small Transit Intensive Cities Formula.--
        ``(1) Definitions.--In this subsection, the following 
    definitions apply:
            ``(A) Eligible area.--The term `eligible area' means an 
        urbanized area with a population of less than 200,000 that 
        meets or exceeds in one or more performance categories the 
        industry average for all urbanized areas with a population of 
        at least 200,000 but not more than 999,999, as determined by 
        the Secretary in accordance with subsection (c)(2).
            ``(B) Performance category.--The term `performance 
        category' means each of the following:
                ``(i) Passenger miles traveled per vehicle revenue 
            mile.
                ``(ii) Passenger miles traveled per vehicle revenue 
            hour.
                ``(iii) Vehicle revenue miles per capita.
                ``(iv) Vehicle revenue hours per capita.
                ``(v) Passenger miles traveled per capita.
                ``(vi) Passengers per capita.
        ``(2) Apportionment.--
            ``(A) Apportionment formula.--The amount to be apportioned 
        under subsection (h)(3) shall be apportioned among eligible 
        areas in the ratio that--
                ``(i) the number of performance categories for which 
            each eligible area meets or exceeds the industry average in 
            urbanized areas with a population of at least 200,000 but 
            not more than 999,999; bears to
                ``(ii) the aggregate number of performance categories 
            for which all eligible areas meet or exceed the industry 
            average in urbanized areas with a population of at least 
            200,000 but not more than 999,999.
            ``(B) Data used in formula.--The Secretary shall calculate 
        apportionments under this subsection for a fiscal year using 
        data from the national transit database used to calculate 
        apportionments for that fiscal year under this section.
    ``(j) Apportionment Formula.--The amounts apportioned under 
subsection (h)(2) shall be apportioned among urbanized areas as 
follows:
        ``(1) 75 percent of the funds shall be apportioned among 
    designated recipients for urbanized areas with a population of 
    200,000 or more in the ratio that--
            ``(A) the number of eligible low-income individuals in each 
        such urbanized area; bears to
            ``(B) the number of eligible low-income individuals in all 
        such urbanized areas.
        ``(2) 25 percent of the funds shall be apportioned among 
    designated recipients for urbanized areas with a population of less 
    than 200,000 in the ratio that--
            ``(A) the number of eligible low-income individuals in each 
        such urbanized area; bears to
            ``(B) the number of eligible low-income individuals in all 
        such urbanized areas.''.
SEC. 20027. STATE OF GOOD REPAIR GRANTS.
    Section 5337 of title 49, United States Code, is amended to read as 
follows:
``Sec. 5337. State of good repair grants
    ``(a) Definitions.--In this section, the following definitions 
shall apply:
        ``(1) Fixed guideway.--The term `fixed guideway' means a public 
    transportation facility--
            ``(A) using and occupying a separate right-of-way for the 
        exclusive use of public transportation;
            ``(B) using rail;
            ``(C) using a fixed catenary system;
            ``(D) for a passenger ferry system; or
            ``(E) for a bus rapid transit system.
        ``(2) State.--The term `State' means the 50 States, the 
    District of Columbia, and Puerto Rico.
        ``(3) State of good repair.--The term `state of good repair' 
    has the meaning given that term by the Secretary, by rule, under 
    section 5326(b).
        ``(4) Transit asset management plan.--The term `transit asset 
    management plan' means a plan developed by a recipient of funding 
    under this chapter that--
            ``(A) includes, at a minimum, capital asset inventories and 
        condition assessments, decision support tools, and investment 
        prioritization; and
            ``(B) the recipient certifies that the recipient complies 
        with the rule issued under section 5326(d).
    ``(b) General Authority.--
        ``(1) Eligible projects.--The Secretary may make grants under 
    this section to assist State and local governmental authorities in 
    financing capital projects to maintain public transportation 
    systems in a state of good repair, including projects to replace 
    and rehabilitate--
            ``(A) rolling stock;
            ``(B) track;
            ``(C) line equipment and structures;
            ``(D) signals and communications;
            ``(E) power equipment and substations;
            ``(F) passenger stations and terminals;
            ``(G) security equipment and systems;
            ``(H) maintenance facilities and equipment;
            ``(I) operational support equipment, including computer 
        hardware and software;
            ``(J) development and implementation of a transit asset 
        management plan; and
            ``(K) other replacement and rehabilitation projects the 
        Secretary determines appropriate.
        ``(2) Inclusion in plan.--A recipient shall include a project 
    carried out under paragraph (1) in the transit asset management 
    plan of the recipient upon completion of the plan.
    ``(c) High Intensity Fixed Guideway State of Good Repair Formula.--
        ``(1) In general.--Of the amount authorized or made available 
    under section 5338(a)(2)(I), 97.15 percent shall be apportioned to 
    recipients in accordance with this subsection.
        ``(2) Area share.--
            ``(A) In general.--50 percent of the amount described in 
        paragraph (1) shall be apportioned for fixed guideway systems 
        in accordance with this paragraph.
            ``(B) Share.--A recipient shall receive an amount equal to 
        the amount described in subparagraph (A), multiplied by the 
        amount the recipient would have received under this section, as 
        in effect for fiscal year 2011, if the amount had been 
        calculated in accordance with section 5336(b)(1) and using the 
        definition of the term `fixed guideway' under subsection (a) of 
        this section, as such sections are in effect on the day after 
        the date of enactment of the Federal Public Transportation Act 
        of 2012, and divided by the total amount apportioned for all 
        areas under this section for fiscal year 2011.
            ``(C) Recipient.--For purposes of this paragraph, the term 
        `recipient' means an entity that received funding under this 
        section, as in effect for fiscal year 2011.
        ``(3) Vehicle revenue miles and directional route miles.--
            ``(A) In general.--50 percent of the amount described in 
        paragraph (1) shall be apportioned to recipients in accordance 
        with this paragraph.
            ``(B) Vehicle revenue miles.--A recipient in an urbanized 
        area shall receive an amount equal to 60 percent of the amount 
        described in subparagraph (A), multiplied by the number of 
        fixed guideway vehicle revenue miles attributable to the 
        urbanized area, as established by the Secretary, divided by the 
        total number of all fixed guideway vehicle revenue miles 
        attributable to all urbanized areas.
            ``(C) Directional route miles.--A recipient in an urbanized 
        area shall receive an amount equal to 40 percent of the amount 
        described in subparagraph (A), multiplied by the number of 
        fixed guideway directional route miles attributable to the 
        urbanized area, as established by the Secretary, divided by the 
        total number of all fixed guideway directional route miles 
        attributable to all urbanized areas.
        ``(4) Limitation.--
            ``(A) In general.--Except as provided in subparagraph (B), 
        the share of the total amount apportioned under this subsection 
        that is apportioned to an area under this subsection shall not 
        decrease by more than 0.25 percentage points compared to the 
        share apportioned to the area under this subsection in the 
        previous fiscal year.
            ``(B) Special rule for fiscal year 2013.--In fiscal year 
        2013, the share of the total amount apportioned under this 
        subsection that is apportioned to an area under this subsection 
        shall not decrease by more than 0.25 percentage points compared 
        to the share that would have been apportioned to the area under 
        this section, as in effect for fiscal year 2011, if the share 
        had been calculated using the definition of the term `fixed 
        guideway' under subsection (a) of this section, as in effect on 
        the day after the date of enactment of the Federal Public 
        Transportation Act of 2012.
        ``(5) Use of funds.--Amounts made available under this 
    subsection shall be available for the exclusive use of fixed 
    guideway projects.
        ``(6) Receiving apportionment.--
            ``(A) In general.--Except as provided in subparagraph (B), 
        for an area with a fixed guideway system, the amounts provided 
        under this subsection shall be apportioned to the designated 
        recipient for the urbanized area in which the system operates.
            ``(B) Exception.--An area described in the amendment made 
        by section 3028(a) of the Transportation Equity Act for the 
        21st Century (Public Law 105-178; 112 Stat. 366) shall receive 
        an individual apportionment under this subsection.
        ``(7) Apportionment requirements.--For purposes of determining 
    the number of fixed guideway vehicle revenue miles or fixed 
    guideway directional route miles attributable to an urbanized area 
    for a fiscal year under this subsection, only segments of fixed 
    guideway systems placed in revenue service not later than 7 years 
    before the first day of the fiscal year shall be deemed to be 
    attributable to an urbanized area.
    ``(d) High Intensity Motorbus State of Good Repair.--
        ``(1) Definition.--For purposes of this subsection, the term 
    `high intensity motorbus' means public transportation that is 
    provided on a facility with access for other high-occupancy 
    vehicles.
        ``(2) Apportionment.--Of the amount authorized or made 
    available under section 5338(a)(2)(I), 2.85 percent shall be 
    apportioned to urbanized areas for high intensity motorbus state of 
    good repair in accordance with this subsection.
        ``(3) Vehicle revenue miles and directional route miles.--
            ``(A) In general.--The amount described in paragraph (2) 
        shall be apportioned to each area in accordance with this 
        paragraph.
            ``(B) Vehicle revenue miles.--Each area shall receive an 
        amount equal to 60 percent of the amount described in 
        subparagraph (A), multiplied by the number of high intensity 
        motorbus vehicle revenue miles attributable to the area, as 
        established by the Secretary, divided by the total number of 
        all high intensity motorbus vehicle revenue miles attributable 
        to all areas.
            ``(C) Directional route miles.--Each area shall receive an 
        amount equal to 40 percent of the amount described in 
        subparagraph (A), multiplied by the number of high intensity 
        motorbus directional route miles attributable to the area, as 
        established by the Secretary, divided by the total number of 
        all high intensity motorbus directional route miles 
        attributable to all areas.
        ``(4) Apportionment requirements.--For purposes of determining 
    the number of high intensity motorbus vehicle revenue miles or high 
    intensity motorbus directional route miles attributable to an 
    urbanized area for a fiscal year under this subsection, only 
    segments of high intensity motorbus systems placed in revenue 
    service not later than 7 years before the first day of the fiscal 
    year shall be deemed to be attributable to an urbanized area.''.
SEC. 20028. AUTHORIZATIONS.
    Section 5338 of title 49, United States Code, is amended to read as 
follows:
``Sec. 5338. Authorizations
    ``(a) Formula Grants.--
        ``(1) In general.--There shall be available from the Mass 
    Transit Account of the Highway Trust Fund to carry out sections 
    5305, 5307, 5310, 5311, 5318, 5322(d), 5335, 5337, 5339, and 5340, 
    and section 20005(b) of the Federal Public Transportation Act of 
    2012, $8,478,000,000 for fiscal year 2013 and $8,595,000,000 for 
    fiscal year 2014.
        ``(2) Allocation of funds.--Of the amounts made available under 
    paragraph (1)--
            ``(A) $126,900,000 for fiscal year 2013 and $128,800,000 
        for fiscal year 2014 shall be available to carry out section 
        5305;
            ``(B) $10,000,000 for each of fiscal years 2013 and 2014 
        shall be available to carry out section 20005(b) of the Federal 
        Public Transportation Act of 2012;
            ``(C) $4,397,950,000 for fiscal year 2013 and 
        $4,458,650,000 for fiscal year 2014 shall be allocated in 
        accordance with section 5336 to provide financial assistance 
        for urbanized areas under section 5307;
            ``(D) $254,800,000 for fiscal year 2013 and $258,300,000 
        for fiscal year 2014 shall be available to provide financial 
        assistance for services for the enhanced mobility of seniors 
        and individuals with disabilities under section 5310;
            ``(E) $599,500,000 for fiscal year 2013 and $607,800,000 
        for fiscal year 2014 shall be available to provide financial 
        assistance for rural areas under section 5311, of which not 
        less than $30,000,000 for fiscal year 2013 and $30,000,000 for 
        fiscal year 2014 shall be available to carry out section 
        5311(c)(1) and $20,000,000 for fiscal year 2013 and $20,000,000 
        for fiscal year 2014 shall be available to carry out section 
        5311(c)(2);
            ``(F) $3,000,000 for each of fiscal years 2013 and 2014 
        shall be available for bus testing under section 5318;
            ``(G) $5,000,000 for each of fiscal years 2013 and 2014 
        shall be available for the national transit institute under 
        section 5322(d);
            ``(H) $3,850,000 for each of fiscal years 2013 and 2014 
        shall be available to carry out section 5335;
            ``(I) $2,136,300,000 for fiscal year 2013 and 
        $2,165,900,000 for fiscal year 2014 shall be available to carry 
        out section 5337;
            ``(J) $422,000,000 for fiscal year 2013 and $427,800,000 
        for fiscal year 2014 shall be available for the bus and bus 
        facilities program under section 5339; and
            ``(K) $518,700,000 for fiscal year 2013 and $525,900,000 
        for fiscal year 2014 shall be allocated in accordance with 
        section 5340 to provide financial assistance for urbanized 
        areas under section 5307 and rural areas under section 5311.
    ``(b) Research, Development Demonstration and Deployment 
Projects.--There are authorized to be appropriated to carry out section 
5312, $70,000,000 for fiscal year 2013 and $70,000,000 for fiscal year 
2014.
    ``(c) Transit Cooperative Research Program.--There are authorized 
to be appropriated to carry out section 5313, $7,000,000 for fiscal 
year 2013 and $7,000,000 for fiscal year 2014.
    ``(d) Technical Assistance and Standards Development.--There are 
authorized to be appropriated to carry out section 5314, $7,000,000 for 
fiscal year 2013 and $7,000,000 for fiscal year 2014.
    ``(e) Human Resources and Training.--There are authorized to be 
appropriated to carry out subsections (a), (b), (c), and (e) of section 
5322, $5,000,000 for fiscal year 2013 and $5,000,000 for fiscal year 
2014.
    ``(f) Emergency Relief Program.--There are authorized to be 
appropriated such sums as are necessary to carry out section 5324.
    ``(g) Capital Investment Grants.--There are authorized to be 
appropriated to carry out section 5309, $1,907,000,000 for fiscal year 
2013 and $1,907,000,000 for fiscal year 2014.
    ``(h) Administration.--
        ``(1) In general.--There are authorized to be appropriated to 
    carry out section 5334, $104,000,000 for fiscal year 2013 and 
    $104,000,000 for fiscal year 2014.
        ``(2) Section 5329.--Of the amounts authorized to be 
    appropriated under paragraph (1), not less than $5,000,000 shall be 
    available to carry out section 5329.
        ``(3) Section 5326.--Of the amounts made available under 
    paragraph (2), not less than $1,000,000 shall be available to carry 
    out section 5326.
    ``(i) Oversight.--
        ``(1) In general.--Of the amounts made available to carry out 
    this chapter for a fiscal year, the Secretary may use not more than 
    the following amounts for the activities described in paragraph 
    (2):
            ``(A) 0.5 percent of amounts made available to carry out 
        section 5305.
            ``(B) 0.75 percent of amounts made available to carry out 
        section 5307.
            ``(C) 1 percent of amounts made available to carry out 
        section 5309.
            ``(D) 1 percent of amounts made available to carry out 
        section 601 of the Passenger Rail Investment and Improvement 
        Act of 2008 (Public Law 110-432; 126 Stat. 4968).
            ``(E) 0.5 percent of amounts made available to carry out 
        section 5310.
            ``(F) 0.5 percent of amounts made available to carry out 
        section 5311.
            ``(G) 0.75 percent of amounts made available to carry out 
        section 5337(c).
        ``(2) Activities.--The activities described in this paragraph 
    are as follows:
            ``(A) Activities to oversee the construction of a major 
        capital project.
            ``(B) Activities to review and audit the safety and 
        security, procurement, management, and financial compliance of 
        a recipient or subrecipient of funds under this chapter.
            ``(C) Activities to provide technical assistance generally, 
        and to provide technical assistance to correct deficiencies 
        identified in compliance reviews and audits carried out under 
        this section.
        ``(3) Government share of costs.--The Government shall pay the 
    entire cost of carrying out a contract under this subsection.
        ``(4) Availability of certain funds.--Funds made available 
    under paragraph (1)(C) shall be made available to the Secretary 
    before allocating the funds appropriated to carry out any project 
    under a full funding grant agreement.
    ``(j) Grants as Contractual Obligations.--
        ``(1) Grants financed from highway trust fund.--A grant or 
    contract that is approved by the Secretary and financed with 
    amounts made available from the Mass Transit Account of the Highway 
    Trust Fund pursuant to this section is a contractual obligation of 
    the Government to pay the Government share of the cost of the 
    project.
        ``(2) Grants financed from general fund.--A grant or contract 
    that is approved by the Secretary and financed with amounts 
    appropriated in advance from the General Fund of the Treasury 
    pursuant to this section is a contractual obligation of the 
    Government to pay the Government share of the cost of the project 
    only to the extent that amounts are appropriated for such purpose 
    by an Act of Congress.
    ``(k) Availability of Amounts.--Amounts made available by or 
appropriated under this section shall remain available until 
expended.''.
SEC. 20029. BUS AND BUS FACILITIES FORMULA GRANTS.
    (a) In General.--Section 5339 of title 49, United States Code, is 
amended to read as follows:
``Sec. 5339. Bus and bus facilities formula grants
    ``(a) General Authority.--The Secretary may make grants under this 
section to assist eligible recipients described in subsection (c)(1) in 
financing capital projects--
        ``(1) to replace, rehabilitate, and purchase buses and related 
    equipment; and
        ``(2) to construct bus-related facilities.
    ``(b) Grant Requirements.--The requirements of section 5307 apply 
to recipients of grants made under this section.
    ``(c) Eligible Recipients and Subrecipients.--
        ``(1) Recipients.--Eligible recipients under this section are 
    designated recipients that operate fixed route bus service or that 
    allocate funding to fixed route bus operators.
        ``(2) Subrecipients.--A designated recipient that receives a 
    grant under this section may allocate amounts of the grant to 
    subrecipients that are public agencies or private nonprofit 
    organizations engaged in public transportation.
    ``(d) Distribution of Grant Funds.--Funds allocated under section 
5338(a)(2)(J) shall be distributed as follows:
        ``(1) National distribution.--$65,500,000 shall be allocated to 
    all States and territories, with each State receiving $1,250,000 
    and each territory receiving $500,000.
        ``(2) Distribution using population and service factors.--The 
    remainder of the funds not otherwise distributed under paragraph 
    (1) shall be allocated pursuant to the formula set forth in section 
    5336 other than subsection (b).
    ``(e) Transfers of Apportionments.--
        ``(1) Transfer flexibility for national distribution funds.--
    The Governor of a State may transfer any part of the State's 
    apportionment under subsection (d)(1) to supplement amounts 
    apportioned to the State under section 5311(c) of this title or 
    amounts apportioned to urbanized areas under subsections (a) and 
    (c) of section 5336 of this title.
        ``(2) Transfer flexibility for population and service factors 
    funds.--The Governor of a State may expend in an urbanized area 
    with a population of less than 200,000 any amounts apportioned 
    under subsection (d)(2) that are not allocated to designated 
    recipients in urbanized areas with a population of 200,000 or more.
    ``(f) Government's Share of Costs.--
        ``(1) Capital projects.--A grant for a capital project under 
    this section shall be for 80 percent of the net capital costs of 
    the project. A recipient of a grant under this section may provide 
    additional local matching amounts.
        ``(2) Remaining costs.--The remainder of the net project cost 
    shall be provided--
            ``(A) in cash from non-Government sources other than 
        revenues from providing public transportation services;
            ``(B) from revenues derived from the sale of advertising 
        and concessions;
            ``(C) from an undistributed cash surplus, a replacement or 
        depreciation cash fund or reserve, or new capital; or
            ``(D) from amounts received under a service agreement with 
        a State or local social service agency or private social 
        service organization.
    ``(g) Period of Availability to Recipients.--Amounts made available 
under this section may be obligated by a recipient for 3 years after 
the fiscal year in which the amount is apportioned. Not later than 30 
days after the end of the 3-year period described in the preceding 
sentence, any amount that is not obligated on the last day of that 
period shall be added to the amount that may be apportioned under this 
section in the next fiscal year.
    ``(h) Definitions.--For purposes of this section:
        ``(1) The term `State' means a State of the United States.
        ``(2) The term `territory' means the District of Columbia, 
    Puerto Rico, the Northern Mariana Islands, Guam, American Samoa, 
    and the United States Virgin Islands.''.
SEC. 20030. TECHNICAL AND CONFORMING AMENDMENTS.
    (a) Section 5305.--Section 5305 of title 49, United States Code, is 
amended--
        (1) in subsection (e)(1)(A), by striking ``sections 5304, 5306, 
    5315, and 5322'' and inserting ``section 5304 and 5306'';
        (2) in subsection (f)--
            (A) in the heading, by striking ``Government's'' and 
        inserting ``Government''; and
            (B) by striking ``Government's'' and inserting 
        ``Government''; and
        (3) in subsection (g), by striking ``section 5338(c) for fiscal 
    years 2005 through 2012'' and inserting ``section 5338(a)(2)(A) for 
    a fiscal year''.
    (b) Section 5313.--Section 5313(a) of title 49, United States Code, 
is amended--
        (1) in the first sentence, by striking ``subsections 
    (a)(5)(C)(iii) and (d)(1) of section 5338'' and inserting section 
    ``5338(c)''; and
        (2) in the second sentence, by striking ``of Transportation''.
    (c) Section 5319.--Section 5319 of title 49, United States Code, is 
amended, in the second sentence--
        (1) by striking ``sections 5307(e), 5309(h), and 5311(g) of 
    this title'' and inserting ``sections 5307(d), 5309(l), and 
    5311(g)''; and
        (2) by striking ``of the United States'' and inserting ``made 
    by the''.
    (d) Section 5325.--Section 5325(b)(2)(A) of title 49, United States 
Code, is amended by striking ``title 48, Code of Federal Regulations 
(commonly known as the Federal Acquisition Regulation)'' and inserting 
``the Federal Acquisition Regulation, or any successor thereto''.
    (e) Section 5330.--Effective 3 years after the effective date of 
the final rules issued by the Secretary of Transportation under section 
5329(e) of title 49, United States Code, as amended by this division, 
section 5330 of title 49, United States Code, is repealed.
    (f) Section 5331.--Section 5331 of title 49, United States Code, is 
amended by striking ``Secretary of Transportation'' each place that 
term appears and inserting ``Secretary''.
    (g) Section 5332.--Section 5332(c)(1) of title 49, United States 
Code, is amended by striking ``of Transportation''.
    (h) Section 5333.--Section 5333(a) of title 49, United States Code, 
is amended by striking ``sections 3141-3144'' and inserting ``sections 
3141 through 3144''.
    (i) Section 5334.--Section 5334 of title 49, United States Code, is 
amended--
        (1) in subsection (c)--
            (A) by striking ``Secretary of Transportation'' each place 
        that term appears and inserting ``Secretary''; and
            (B) in paragraph (1), by striking ``Committees on 
        Transportation and Infrastructure and Appropriations of the 
        House of Representatives and the Committees on Banking, 
        Housing, and Urban Affairs and Appropriations of the Senate'' 
        and inserting ``Committee on Banking, Housing, and Urban 
        Affairs and the Committee on Appropriations of the Senate and 
        the Committee on Transportation and Infrastructure and the 
        Committee on Appropriations of the House of Representatives'';
        (2) in subsection (d), by striking ``of Transportation'';
        (3) in subsection (e), by striking ``of Transportation'';
        (4) in subsection (f), by striking ``of Transportation'';
        (5) in subsection (g), in the matter preceding paragraph (1)--
            (A) by striking ``of Transportation''; and
            (B) by striking ``subsection (a)(3) or (4) of this 
        section'' and inserting ``paragraph (3) or (4) of subsection 
        (a)'';
        (6) in subsection (h)--
            (A) in paragraph (1), in the matter preceding subparagraph 
        (A), by striking ``of Transportation''; and
            (B) in paragraph (2), by striking ``of this section'';
        (7) in subsection (i)(1), by striking ``of Transportation''; 
    and
        (8) in subsection (j), as so redesignated by section 20025 of 
    this division, by striking ``Committees on Banking, Housing, and 
    Urban Affairs and Appropriations of the Senate and Committees on 
    Transportation and Infrastructure and Appropriations of the House 
    of Representatives'' and inserting ``Committee on Banking, Housing, 
    and Urban Affairs and the Committee on Appropriations of the Senate 
    and the Committee on Transportation and Infrastructure and the 
    Committee on Appropriations of the House of Representatives''.
    (j) Section 5335.--Section 5335(a) of title 49, United States Code, 
is amended by striking ``of Transportation''.
    (k) Analysis.--The analysis for chapter 53 of title 49, United 
States Code, is amended to read as follows:

``Sec.
``5301. Policies and purposes.
``5302. Definitions.
``5303. Metropolitan transportation planning.
``5304. Statewide and nonmetropolitan transportation planning.
``5305. Planning programs.
``5306. Private enterprise participation in metropolitan planning and 
          transportation improvement programs and relationship to other 
          limitations.
``5307. Urbanized area formula grants.
``[5308. Repealed.]
``5309. Fixed guideway capital investment grants.
``5310. Formula grants for the enhanced mobility of seniors and 
          individuals with disabilities.
``5311. Formula grants for rural areas.
``5312. Research, development, demonstration, and deployment projects.
``5313. Transit cooperative research program.
``5314. Technical assistance and standards development.
``5315. Private sector participation.
``[5316. Repealed.]
``[5317. Repealed.]
``5318. Bus testing facility.
``5319. Bicycle facilities.
``[5320.Repealed.]
``5321. Crime prevention and security.
``5322. Human resources and training.
``5323. General provisions.
``5324. Public transportation emergency relief program.
``5325. Contract requirements.
``5326. Transit asset management.
``5327. Project management oversight.
``[5328. Repealed.]
``5329. Public transportation safety program.
``5330. State safety oversight.
``5331. Alcohol and controlled substances testing.
``5332. Nondiscrimination.
``5333. Labor standards.
``5334. Administrative provisions.
``5335. National transit database.
``5336. Apportionment of appropriations for formula grants.
``5337. State of good repair grants.
``5338. Authorizations.
``5339. Bus and bus facilities formula grants.
``5340. Apportionments based on growing States and high density States 
          formula factors.''.

  DIVISION C--TRANSPORTATION SAFETY AND SURFACE TRANSPORTATION POLICY
   TITLE I--MOTOR VEHICLE AND HIGHWAY SAFETY IMPROVEMENT ACT OF 2012

SEC. 31001. SHORT TITLE.
    This title may be cited as the ``Motor Vehicle and Highway Safety 
Improvement Act of 2012'' or ``Mariah's Act''.
SEC. 31002. DEFINITION.
    In this title, the term ``Secretary'' means the Secretary of 
Transportation.

                       Subtitle A--Highway Safety

SEC. 31101. AUTHORIZATION OF APPROPRIATIONS.
    (a) In General.--The following sums are authorized to be 
appropriated out of the Highway Trust Fund (other than the Mass Transit 
Account):
        (1) Highway safety programs.--For carrying out section 402 of 
    title 23, United States Code--
            (A) $235,000,000 for fiscal year 2013; and
            (B) $235,000,000 for fiscal year 2014.
        (2) Highway safety research and development.--For carrying out 
    section 403 of title 23, United States Code--
            (A) $110,500,000 for fiscal year 2013; and
            (B) $113,500,000 for fiscal year 2014.
        (3) National priority safety programs.--For carrying out 
    section 405 of title 23, United States Code--
            (A) $265,000,000 for fiscal year 2013; and
            (B) $272,000,000 for fiscal year 2014.
        (4) National driver register.--For the National Highway Traffic 
    Safety Administration to carry out chapter 303 of title 49, United 
    States Code--
            (A) $5,000,000 for fiscal year 2013; and
            (B) $5,000,000 for fiscal year 2014.
        (5) High visibility enforcement program.--For carrying out 
    section 2009 of SAFETEA-LU (23 U.S.C. 402 note)--
            (A) $29,000,000 for fiscal year 2013; and
            (B) $29,000,000