Definitions and declaration of policy

The term “apportionment” includes unexpended apportionments made under prior authorization laws. 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. The term “carpool project” means any project to encourage the use of carpools and vanpools, including provision of carpooling opportunities to the elderly and individuals with disabilities, systems for locating potential riders and informing them of carpool opportunities, acquiring vehicles for carpool use, designating existing highway lanes as preferential carpool highway lanes, providing related traffic control devices, designating existing facilities for use for preferential parking for carpools, and real-time ridesharing projects, such as projects where drivers, using an electronic transfer of funds, recover costs directly associated with the trip provided through the use of location technology to quantify those direct costs, subject to the condition that the cost recovered does not exceed the cost of the trip provided. 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, assessing resilience, mapping (including the establishment of temporary and permanent geodetic control in accordance with specifications of the National Oceanic and Atmospheric Administration), and architectural-related services; reconstruction, resurfacing, restoration, rehabilitation, and preservation; acquisition of rights-of-way; relocation assistance, acquisition of replacement housing sites, and acquisition and rehabilitation, relocation, and construction of replacement housing; elimination of hazards of railway-highway grade crossings; elimination of roadside hazards; improvements that directly facilitate and control traffic flow, such as grade separation of intersections, widening of lanes, channelization of traffic, traffic control systems, and passenger loading and unloading areas; improvements that reduce the number of wildlife-vehicle collisions, such as wildlife crossing structures; and capital improvements that directly facilitate an effective vehicle weight enforcement program, such as scales (fixed and portable), scale pits, scale installation, and scale houses. The term “county” includes corresponding units of government under any other name in States that do not have county organizations and, in those States in which the county government does not have jurisdiction over highways, any local government unit vested with jurisdiction over local highways. The term “Federal-aid highway” means a public highway eligible for assistance under this chapter other than a highway functionally classified as a local road or rural minor collector. 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. 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). The term “forest development roads and trails” means forest roads and trails under the jurisdiction of the Forest Service. The term “forest road or trail” means a road or trail wholly or partly within, or adjacent to, and serving the National Forest System that is necessary for the protection, administration, and utilization of the National Forest System and the use and development of its resources. a road, street, and parkway; a right-of-way, bridge, railroad-highway crossing, tunnel, drainage structure including public roads on dams, sign, guardrail, and protective structure, in connection with a highway; and a portion of any interstate or international bridge or tunnel and the approaches thereto, the cost of which is assumed by a State transportation department, including such facilities as may be required by the United States Customs and Immigration Services in connection with the operation of an international bridge or tunnel. The term “Interstate System” means the Dwight D. Eisenhower National System of Interstate and Defense Highways described in section 103(c). The term “maintenance” means the preservation of the entire highway, including surface, shoulders, roadsides, structures, and such traffic-control devices as are necessary for safe and efficient utilization of the highway. The term “maintenance area” means an area that was designated as an air quality nonattainment area, but was later redesignated by the Administrator of the Environmental Protection Agency as an air quality attainment area, under section 107(d) of the Clean Air Act (42 U.S.C. 7407(d)). The term “National Highway Freight Network” means the National Highway Freight Network established under section 167. The term “National Highway System” means the Federal-aid highway system described in section 103(b). is created through the action of natural physical, geological, biological, and chemical processes over time; is created by human design, engineering, and construction to emulate or act in concert with natural processes; or involves the use of plants, soils, and other natural features, including through the creation, restoration, or preservation of vegetated areas using materials appropriate to the region to manage stormwater and runoff, to attenuate flooding and storm surges, and for other related purposes. The term “operating costs for traffic monitoring, management, and control” includes labor costs, administrative costs, costs of utilities and rent, and other costs associated with the continuous operation of traffic control, such as integrated traffic control systems, incident management programs, and traffic control centers. means (i) a capital improvement for installation of traffic surveillance and control equipment, computerized signal systems, motorist information systems, integrated traffic control systems, incident management programs, and transportation demand management facilities, strategies, and programs, and (ii) such other capital improvements to public roads as the Secretary may designate, by regulation; and does not include resurfacing, restoring, or rehabilitating improvements, construction of additional lanes, interchanges, and grade separations, and construction of a new facility on a new location. The term “project” means any undertaking eligible for assistance under this title. The term “project agreement” means the formal instrument to be executed by the Secretary and the recipient as required by section 106. The term “public authority” means a Federal, State, county, town, or township, Indian tribe, municipal or other local government or instrumentality with authority to finance, build, operate, or maintain toll or toll-free facilities. The term “public road” means any road or street under the jurisdiction of and maintained by a public authority and open to public travel. to resist hazards or withstand impacts from weather events and natural disasters; or to reduce the magnitude or duration of impacts of a disruptive weather event or natural disaster on a project; and to have the absorptive capacity, adaptive capacity, and recoverability to decrease project vulnerability to weather events or other natural disasters. The term “rural areas” means all areas of a State not included in urban areas. 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. The term “Secretary” means Secretary of Transportation. The term “State” means any of the 50 States, the District of Columbia, or Puerto Rico. The term “State funds” includes funds raised under the authority of the State or any political or other subdivision thereof, and made available for expenditure under the direct control of the State transportation department. The term “State strategic highway safety plan” has the same meaning given such term in section 148(a). The term “State transportation department” means that department, commission, board, or official of any State charged by its laws with the responsibility for highway construction. 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; and the consideration of incorporating natural infrastructure. actions such as traffic detection and surveillance, corridor management, freeway management, arterial management, active transportation and demand management, work zone management, emergency management, traveler information services, congestion pricing, parking management, automated enforcement, traffic control, commercial vehicle operations, freight management, and coordination of highway, rail, transit, bicycle, and pedestrian operations; and coordination of the implementation of regional transportation system management and operations investments (such as traffic incident management, traveler information services, emergency management, roadway weather management, intelligent transportation systems, communication networks, and information sharing systems) requiring agreements, integration, and interoperability to achieve targeted system performance, reliability, safety, and customer service levels. 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). The term “truck stop electrification system” means a system that delivers heat, air conditioning, electricity, or communications to a heavy-duty vehicle. The term “urban area” means an urbanized area or, in the case of an urbanized area encompassing more than one State, that part of the urbanized area in each such State, or urban place as designated by the Bureau of the Census having a population of 5,000 or more and not within any urbanized area, within boundaries to be fixed by responsible State and local officials in cooperation with each other, subject to approval by the Secretary. Such boundaries shall encompass, at a minimum, the entire urban place designated by the Bureau of the Census, except in the case of cities in the State of Maine and in the State of New Hampshire. The term “urbanized area” means an area with a population of 50,000 or more designated by the Bureau of the Census, within boundaries to be fixed by responsible State and local officials in cooperation with each other, subject to approval by the Secretary. Such boundaries shall encompass, at a minimum, the entire urbanized area within a State as designated by the Bureau of the Census. Congress declares that it is in the national interest to accelerate the construction of Federal-aid highway systems, including the Dwight D. Eisenhower National System of Interstate and Defense Highways, because many of the highways (or portions of the highways) are inadequate to meet the needs of local and interstate commerce for the national and civil defense. Congress declares that the prompt and early completion of the Dwight D. Eisenhower National System of Interstate and Defense Highways (referred to in this section as the “Interstate System”), so named because of its primary importance to the national defense, is essential to the national interest. It is the intent of Congress that the Interstate System be completed as nearly as practicable over the period of availability of the forty years’ appropriations authorized for the purpose of expediting its construction, reconstruction, or improvement, inclusive of necessary tunnels and bridges, through the fiscal year ending September 30, 1996, under section 108(b) of the Federal-Aid Highway Act of 1956 (70 Stat. 374), and that the entire system in all States be brought to simultaneous completion. Insofar as possible in consonance with this objective, existing highways located on an interstate route shall be used to the extent that such use is practicable, suitable, and feasible, it being the intent that local needs, to the extent practicable, suitable, and feasible, shall be given equal consideration with the needs of interstate commerce. it is in the national interest to preserve and enhance the surface transportation system to meet the needs of the United States for the 21st Century; the current urban and long distance personal travel and freight movement demands have surpassed the original forecasts and travel demand patterns are expected to continue to change; continued planning for and investment in surface transportation is critical to ensure the surface transportation system adequately meets the changing travel demands of the future; national and interregional personal mobility (including personal mobility in rural and urban areas) and reduced congestion; flow of interstate and international commerce and freight transportation; and travel movements essential for national security; special emphasis should be devoted to providing safe and efficient access for the type and size of commercial and military vehicles that access designated National Highway System intermodal freight terminals; the connection between land use and infrastructure is significant; transportation should play a significant role in promoting economic growth, improving the environment, and sustaining the quality of life; and the Secretary should take appropriate actions to preserve and enhance the Interstate System to meet the needs of the 21st Century. 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. the Secretary shall have the lead role among Federal agencies in carrying out the environmental review process for surface transportation projects; each Federal agency shall cooperate with the Secretary to expedite the environmental review process for surface transportation projects; project sponsors shall not be prohibited from carrying out preconstruction project development activities concurrently with the environmental review process; programmatic approaches shall be used to reduce the need for project-by-project reviews and decisions by Federal agencies; and the Secretary shall identify opportunities for project sponsors to assume responsibilities of the Secretary where such responsibilities can be assumed in a manner that protects public health, the environment, and public participation. It is the sense of Congress that under existing law no part of any sums authorized to be appropriated for expenditure upon any Federal-aid highway which has been apportioned pursuant to the provisions of this title shall be impounded or withheld from obligation, for purposes and projects as provided in this title, by any officer or employee in the executive branch of the Federal Government, except such specific sums as may be determined by the Secretary of the Treasury, after consultation with the Secretary of Transportation, are necessary to be withheld from obligation for specific periods of time to assure that sufficient amounts will be available in the Highway Trust Fund to defray the expenditures which will be required to be made from such fund. No funds authorized to be appropriated from the Highway Trust Fund shall be expended by or on behalf of any Federal department, agency, or instrumentality other than the Federal Highway Administration unless funds for such expenditure are identified and included as a line item in an appropriation Act and are to meet obligations of the United States heretofore or hereafter incurred under this title attributable to the construction of Federal-aid highways or highway planning, research, or development, or as otherwise specifically authorized to be appropriated from the Highway Trust Fund by Federal-aid highway legislation. It is the national policy that to the maximum extent possible the procedures to be utilized by the Secretary and all other affected heads of Federal departments, agencies, and instrumentalities for carrying out this title and any other provision of law relating to the Federal highway programs shall encourage the substantial minimization of paperwork and interagency decision procedures and the best use of available manpower and funds so as to prevent needless duplication and unnecessary delays at all levels of government. this Act [see Short Title of 2012 Amendment note below] and the amendments made by this Act shall cease to be effective; the text of the laws amended by this Act shall revert back so as to read as the text read on the day before the date of enactment of this Act [June 29, 2012]; and the amendments made by the MAP–21 [see Tables for classification] shall be executed as if this Act had not been enacted.” Except as otherwise provided in this Act (including subsection (b)), this Act [see Tables for classification] and the amendments made by this Act take effect on the date of enactment of this Act [June 6, 2008]. take effect as of the date of enactment of that Act [Aug. 10, 2005]; and be treated as being included in that Act as of that date. Each provision of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (Public Law 109–59; 119 Stat. 1144) (including the amendments made by that Act) (as in effect on the day before the date of enactment of this Act [June 6, 2008]) that is amended by this Act (other than sections 101(g), 101(m)(1)(H), 103, 105, 109, and 201(o)) shall be treated as not being enacted.” Except as otherwise provided in subsection (b) of this section, this Act and the amendments made by this Act [enacting sections 135, 139, 140, 141, and 501 to 511 of this title, amending this section, sections 103, 104, 108, 112, 113, 115, 116, 120, 125, 128, 129, 131, 135, 136, 138, 205, 319, and 402 of this title, section 636 of Title 15, Commerce and Trade, and section 1653 of former Title 49, Transportation, repealing section 133 of this title, enacting provisions set out as notes under this section and sections 104, 108, 125, 134, 501, 502, and 510 of this title] shall take effect on the date of its enactment [Aug. 23, 1968], except that until July 1, 1970, sections 502, 505, 506, 507, and 508 of title 23, United States Code, as added by this Act, shall be applicable to a State only to the extent that such State is able under its laws to comply with such sections. Except as otherwise provided in subsection (b) of this section, after July 1, 1970, such sections shall be completely applicable to all States. Section 133 of title 23, United States Code, shall not apply to any State if sections 502, 505, 506, 507, and 508 of title 23, United States Code, are applicable in that State, and effective July 1, 1970, such section 133 is repealed. In the case of any State (1) which is required to amend its constitution to comply with sections 502, 505, 506, 507, and 508 of title 23, United States Code, and (2) which cannot submit the required constitutional amendment for ratification prior to July 1, 1970, the date of July 1, 1970, contained in subsection (a) of this section shall be extended to July 1, 1972.” In this section, the term ‘eligible facility’ means a highway or other transportation facility that creates a barrier to community connectivity, including barriers to mobility, access, or economic development, due to high speeds, grade separations, or other design factors. a limited access highway; a viaduct; and any other principal arterial facility. to study the feasibility and impacts of removing, retrofitting, or mitigating an existing eligible facility; to conduct planning activities necessary to design a project to remove, retrofit, or mitigate an existing eligible facility; and to conduct construction activities necessary to carry out a project to remove, retrofit, or mitigate an existing eligible facility. a State; a unit of local government; a Tribal government; a metropolitan planning organization; and a nonprofit organization. current traffic patterns on the eligible facility proposed for removal, retrofit, or mitigation and the surrounding street network; the capacity of existing transportation networks to maintain mobility needs; an analysis of alternative roadway designs or other uses for the right-of-way of the eligible facility, including an analysis of whether the available right-of-way would suffice to create an alternative roadway design; the effect of the removal, retrofit, or mitigation of the eligible facility on the mobility of freight and people; the effect of the removal, retrofit, or mitigation of the eligible facility on the safety of the traveling public; to restore community connectivity; and to convert the eligible facility to a different roadway design or use, compared to any expected costs for necessary maintenance or reconstruction of the eligible facility; the anticipated economic impact of removing, retrofitting, or mitigating and converting the eligible facility and any economic development opportunities that would be created by removing, retrofitting, or mitigating and converting the eligible facility; and the environmental impacts of retaining or reconstructing the eligible facility and the anticipated effect of the proposed alternative use or roadway design; public engagement activities to provide opportunities for public input into a plan to remove and convert an eligible facility; and other transportation planning activities required in advance of a project to remove, retrofit, or mitigate an existing eligible facility to restore community connectivity, as determined by the Secretary. The Secretary may provide technical assistance described in subparagraph (B) to an eligible entity. to engage in transportation planning; and are bifurcated by eligible facilities; or lack safe, reliable, and affordable transportation choices. In selecting recipients of technical assistance under subparagraph (A), the Secretary shall give priority to an application from a community that is economically disadvantaged. planning grants; and technical assistance under paragraph (3); and the eligible facility is aged and is likely to need replacement or significant reconstruction within the 20-year period beginning on the date of the submission of the application; creates barriers to mobility, access, or economic development; or is not justified by current and forecast future travel demand; and on the basis of preliminary investigations into the feasibility of removing, retrofitting, or mitigating the eligible facility to restore community connectivity, further investigation is necessary and likely to be productive. A planning grant may not exceed $2,000,000 per recipient. The total Federal share of the cost of a planning activity for which a planning grant is used shall not exceed 80 percent. The Secretary may award a grant (referred to in this section as a ‘capital construction grant’) to the owner of an eligible facility to carry out an eligible project described in paragraph (3) for which all necessary feasibility studies and other planning activities have been completed. a State; a unit of local government; a Tribal government; a metropolitan planning organization; or a nonprofit organization. the removal, retrofit, or mitigation of an eligible facility; and restores community connectivity; and sensitive to the context of the surrounding community; and otherwise eligible for funding under title 23, United States Code. solicit applications for capital construction grants; and the degree to which the project will improve mobility and access through the removal of barriers; the appropriateness of removing, retrofitting, or mitigating the eligible facility, based on current traffic patterns and the ability of the replacement facility and the regional transportation network to absorb transportation demand and provide safe mobility and access; the impact of the project on freight movement; the results of a cost-benefit analysis of the project; the opportunities for inclusive economic development; the degree to which the eligible facility is out of context with the current or planned land use; the results of any feasibility study completed for the project; and employing residents in the area impacted by the project through targeted hiring programs, in partnership with registered apprenticeship programs, if applicable; and contracting and subcontracting with disadvantaged business enterprises. A capital construction grant shall be in an amount not less than $5,000,000 per recipient. Subject to subparagraph (B), a capital construction grant may not exceed 50 percent of the total cost of the project for which the grant is awarded. Federal assistance other than a capital construction grant may be used to satisfy the non-Federal share of the cost of a project for which the grant is awarded, except that the total Federal assistance provided for a project for which the grant is awarded may not exceed 80 percent of the total cost of the project. facilitate community engagement with respect to the project; and track progress with respect to commitments of the grant recipient to inclusive employment, contracting, and economic development under the project. the community; owners of businesses that serve the community; labor organizations that represent workers that serve the community; and State and local government. information about the level of applicant interest in planning grants, technical assistance under subsection (c)(3), and capital construction grants, including the extent to which overall demand exceeded available funds; and any changes in the overall level of mobility, congestion, access, and safety in the project area; and environmental impacts and economic development opportunities in the project area. identifies examples of projects to remove highways using Federal highway funds; evaluates the effect of highway removal projects on the surrounding area, including impacts to the local economy, congestion effects, safety outcomes, and impacts on the movement of freight and people; evaluates the existing Federal-aid program eligibility under title 23, United States Code, for highway removal projects; analyzes the costs and benefits of and barriers to removing underutilized highways that are nearing the end of their useful life compared to replacing or reconstructing the highway; and provides recommendations for integrating those assessments into transportation planning and decision-making processes. Of the funds made available to carry out this section for planning grants, the Secretary may use not more than $15,000,000 during the period of fiscal years 2022 through 2026 to provide technical assistance under subsection (c)(3). Notwithstanding any other provision of law, a project assisted under this section shall be treated as a project on a Federal-aid highway under chapter 1 of title 23, United States Code.” The term ‘Administrator’ means the Administrator of the Federal Highway Administration. The term ‘cyber incident’ has the meaning given the term ‘incident’ in section 3552 of title 44, United States Code. a public authority (as defined in section 101(a) of title 23, United States Code); an owner or operator of a highway (as defined in section 101(a) of title 23, United States Code); a manufacturer that manufactures a product related to transportation; and a division office of the Federal Highway Administration. Not later than 2 years after the date of enactment of this Act [Nov. 15, 2021], the Administrator shall develop a tool to assist transportation authorities in identifying, detecting, protecting against, responding to, and recovering from cyber incidents. use the cybersecurity framework established by the National Institute of Standards and Technology and required by Executive Order 13636 of February 12, 2013 (78 Fed. Reg. 11739; relating to improving critical infrastructure cybersecurity) [6 U.S.C. 121 note]; establish a structured cybersecurity assessment and development program; coordinate with the Transportation Security Administration and the Cybersecurity and Infrastructure Security Agency; consult with appropriate transportation authorities, operating agencies, industry stakeholders, and cybersecurity experts; and provide for a period of public comment and review on the tool. Not later than 2 years after the date of enactment of this Act, the Administrator shall designate an office as a ‘cyber coordinator’, which shall be responsible for monitoring, alerting, and advising transportation authorities of cyber incidents. provide to transportation authorities a secure method of notifying the Federal Highway Administration of cyber incidents; share the information collected under subparagraph (A) with the Transportation Security Administration and the Cybersecurity and Infrastructure Security Agency; monitor cyber incidents that affect transportation authorities; alert transportation authorities to cyber incidents that affect those transportation authorities; investigate unaddressed cyber incidents that affect transportation authorities; and provide to transportation authorities educational resources, outreach, and awareness on fundamental principles and best practices in cybersecurity for transportation systems.” Each employee of the United States Government furloughed as a result of a covered lapse in Highway Trust Fund expenditure authority shall be paid for the period of the covered lapse, and each excepted employee who is required to perform work during a covered lapse shall be paid for such work, at the employee’s standard rate of pay, at the earliest date possible after the covered lapse ends, regardless of scheduled pay dates, and subject to availability of funds. October 1, 2021, and ends on or before the date of enactment of this Act [Oct. 2, 2021]; or November 1, 2021, and ends on or before the date of enactment of the Further Surface Transportation Extension Act of 2021 [Oct. 31, 2021].” Titles I, II, III, IV, V, VI, VII, VIII, XI, and XXIV of the FAST Act (Public Law 114–94; 129 Stat. 1312) [see Tables for classification]. Division A, division B, subtitle A of title I and title II of division C, and division E of MAP–21 (Public Law 112–141; 126 Stat. 405) [see Tables for classification]. Titles I, II, and III of the SAFETEA–LU Technical Corrections Act of 2008 (Public Law 110–244; 122 Stat. 1572) [see Tables for classification]. Titles I, II, III, IV, V, and VI of SAFETEA–LU (Public Law 109–59; 119 Stat. 1144) [see Tables for classification]. Titles I, II, III, IV, and V of the Transportation Equity Act for the 21st Century (Public Law 105–178; 112 Stat. 107) [see Tables for classification]. Titles II, III, and IV of the National Highway System Designation Act of 1995 (Public Law 104–59; 109 Stat. 568) [see Tables for classification]. Titles I, II, III, IV, V, and VI of the Intermodal Surface Transportation Efficiency Act of 1991 (Public Law 102–240; 105 Stat. 1914) [see Tables for classification]. Title 23, United States Code. Sections 116, 117, 330, 5128, 5505, and 24905 and chapters 53, 139, 303, 311, 313, 701, and 702 of title 49, United States Code. Division B of the Continuing Appropriations Act, 2021 and Other Extensions Act (Public Law 116–159; 134 Stat. 725) [see Tables for classification]. The term ‘extension end date’ means December 3, 2021. the number of days in the extension period; by 365. The term ‘extension period’ means the period that begins on October 1, 2021, and ends on the extension end date. The term ‘Highway Account’ means the portion of the Highway Trust Fund that is not the Mass Transit Account. The term ‘Mass Transit Account’ means the portion of the Highway Trust Fund established under section 9503(e)(1) of the Internal Revenue Code of 1986. The term ‘Secretary’ means the Secretary of Transportation. The term ‘State’ means the 50 States and the District of Columbia. Except as otherwise provided in this Act, the requirements, authorities, conditions, eligibilities, limitations, and other provisions authorized under the covered laws, which would otherwise expire on or cease to apply after September 30, 2021, are incorporated by reference and shall continue in effect through the extension end date. There is authorized to be appropriated from the Highway Account for fiscal year 2022, for each program with respect to which amounts are authorized to be appropriated from such account for fiscal year 2021, an amount equal to the extension fraction of the amount authorized for appropriation with respect to the program from such account under the covered laws for fiscal year 2021. There is authorized to be appropriated from the Mass Transit Account for fiscal year 2022, for each program with respect to which amounts are authorized to be appropriated from such account for fiscal year 2021, an amount equal to the extension fraction of the amount authorized for appropriation with respect to the program from such account under the covered laws for fiscal year 2021. There is authorized to be appropriated for fiscal year 2022, for each program under the covered laws with respect to which amounts are authorized to be appropriated for fiscal year 2021 from an account other than the Highway Account or the Mass Transit Account, an amount that is not less than the extension fraction of the amount authorized for appropriation with respect to the program under the covered laws for fiscal year 2021. Except as described in paragraph (2), amounts authorized to be appropriated for fiscal year 2022 with respect to a program under subsection (b) shall be distributed, administered, limited, and made available for obligation in the same manner as amounts authorized to be appropriated with respect to the program for fiscal year 2021 under the covered laws. shall not apportion on October 1, 2021, amounts authorized to be appropriated for fiscal year 2022 under subsection (b)(1)(A) with a respect to a program described in subparagraph (B); and shall not apportion such amounts before October 15, 2021. for which amounts are authorized to be appropriated under subsection (b)(1)(A); and under which amounts described in clause (i) will be apportioned to States as described in section 104 of title 23, United States Code. Section 104(e)(2) of title 23, United States Code, shall not apply for fiscal year 2022. Subject to paragraph (2), a program for which amounts are authorized to be appropriated under subsection (b)(1) shall be subject to a limitation on obligations for fiscal year 2022 in an amount equal to the extension fraction of the limitation on obligations for the program for fiscal year 2021 and in the same manner as the limitation applicable with respect to the program for fiscal year 2021. shall reserve, for qualifying programs, an amount of the limitation on obligations for Federal-aid highways equal to the amount calculated for the extension period for qualifying programs in effect on the date of enactment of this Act [Oct. 2, 2021]; and if H.R. 3684 (117th Congress) is enacted, may distribute the amount determined under clause (i) among qualifying programs (including any qualifying programs established pursuant to such H.R. 3684) in a manner determined to be appropriate by the Secretary. Notwithstanding the enactment of H.R. 3684 (117th Congress), the Secretary shall calculate the amount under subparagraph (A)(i) in the manner described in section 120(a)(4) of division L of the Consolidated Appropriations Act, 2021 (Public Law 116–260) [23 U.S.C. 104 note]. title 23, United States Code; subsection (c)(1); or H.R. 3684 (117th Congress), if enacted; or apportioned by the Secretary under section 202 or 204 of title 23, United States Code.” Except as otherwise provided in this division [amending sections 117 and 403 of this title, sections 9502 to 9504 and 9508 of Title 26, Internal Revenue Code, sections 14703 and 14704 of Title 40, Public Buildings, Property, and Works, former section 822 of Title 45, Railroads, and section 24321 of Title 49, Transportation], the requirements, authorities, conditions, eligibilities, limitations, and other provisions authorized under the covered laws, which would otherwise expire on or cease to apply after September 30, 2020, are incorporated by reference and shall continue in effect through September 30, 2021. There is authorized to be appropriated from the Highway Account for fiscal year 2021, for each program with respect to which amounts are authorized to be appropriated from such account for fiscal year 2020, an amount equal to the amount authorized for appropriation with respect to the program from such account under the covered laws for fiscal year 2020. There is authorized to be appropriated from the Mass Transit Account for fiscal year 2021, for each program with respect to which amounts are authorized to be appropriated from such account for fiscal year 2020, an amount equal to the amount authorized for appropriation with respect to the program from such account under the covered laws for fiscal year 2020. There is authorized to be appropriated for fiscal year 2021, for each program under the covered laws with respect to which amounts are authorized to be appropriated for fiscal year 2020 from an account other than the Highway Account or the Mass Transit Account, an amount that is not less than the amount authorized for appropriation with respect to the program under the covered laws for fiscal year 2020. Amounts authorized to be appropriated for fiscal year 2021 with respect to a program under subsection (b) shall be distributed, administered, limited, and made available for obligation in the same manner as amounts authorized to be appropriated with respect to the program for fiscal year 2020 under the covered laws. A program for which amounts are authorized to be appropriated under subsection (b)(1) shall be subject to a limitation on obligations for fiscal year 2021 in the same amount and in the same manner as the limitation applicable with respect to the program for fiscal year 2020. Titles I, II, III, IV, V, VI, VII, VIII, XI, and XXIV of the FAST Act (Public Law 114–94) [see Tables for classification]. Division A, division B, subtitle A of title I and title II of division C, and division E of MAP–21 (Public Law 112–141) [see Tables for classification]. Titles I, II, and III of the SAFETEA–LU Technical Corrections Act of 2008 (Public Law 110–244) [see Tables for classification]. Titles I, II, III, IV, V, and VI of SAFETEA–LU (Public Law 109–59) [see Tables for classification]. Titles I, II, III, IV, and V of the Transportation Equity Act for the 21st Century (Public Law 105–178) [see Tables for classification]. Titles II, III, and IV of the National Highway System Designation Act of 1995 (Public Law 104–59) [see Tables for classification]. Titles I, II, III, IV, V, and VI of the Intermodal Surface Transportation Efficiency Act of 1991 (Public Law 102–240) [see Tables for classification]. Title 23, United States Code. Sections 116, 117, 330, 5128, 5505, and 24905 and chapters 53, 139, 303, 311, 313, 701, and 702 of title 49, United States Code. The term ‘Highway Account’ means the portion of the Highway Trust Fund that is not the Mass Transit Account. The term ‘Mass Transit Account’ means the portion of the Highway Trust Fund established under section 9503(e)(1) of the Internal Revenue Code of 1986 [26 U.S.C. 9503(e)(1)].” the requirements of title 23, United States Code; and other requirements administered by the Secretary, in whole or in part. waives the requirements of section 113 or 138 of title 23, United States Code; the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) or any other Federal environmental law (including regulations); or any requirement of title 23 or title 49, United States Code; or affects the responsibility of any Federal officer to comply with or enforce any law or requirement described in this subsection.” Not later than 1 year after the date of enactment of this Act [Dec. 4, 2015], the Secretary [of Transportation] shall develop guidance that encourages the use of programmatic approaches to project delivery, expedited and prudent procurement techniques, and other best practices to facilitate productive, effective, and timely expenditure of funds for projects eligible for funding under title 23, United States Code. avoid unnecessary delays in completing projects; minimize cost overruns; and ensure the effective use of Federal funding.” to identify, accelerate, and deploy innovation aimed at shortening project delivery, enhancing the safety of the roadways of the United States, and protecting the environment; to ensure that the planning, design, engineering, construction, and financing of transportation projects is done in an efficient and effective manner; to promote the rapid deployment of proven solutions that provide greater accountability for public investments and encourage greater private sector involvement; and to create a culture of innovation within the highway community. accelerate innovation deployment; shorten the project delivery process; improve environmental sustainability; enhance roadway safety; and reduce congestion. At least every 2 years, the Administrator shall work collaboratively with stakeholders to identify a new collection of innovations, best practices, and data to be deployed to highway stakeholders through case studies, webinars, and demonstration projects. In identifying a collection described in paragraph (1), the Secretary shall take into account market readiness, impacts, benefits, and ease of adoption of the innovation or practice. Each collection identified under subsection (c) shall be published by the Administrator on a publicly available Web site.” the existing Highway Trust Fund system is unsustainable and unable to meet our Nation’s 21st century transportation needs; MAP–21 [Pub. L. 112–141, see Tables for classification] included important reforms that must be built upon in the next reauthorization bill to increase the efficient and effective utilization of Federal funding; these reforms should include the elimination of duplicative Federal regulations and increase the authority and responsibility of the States to safely and efficiently build, operate, and fund transportation systems that best serve the needs of their citizens, including the ability of each State to implement innovative solutions, while also maintaining the appropriate Federal role in transportation; and Congress should enact and the President should sign a surface transportation reauthorization and reform bill prior to the expiration of this Act [probably means expiration of program extensions provided by Pub. L. 113–159].” to accelerate project delivery and reduce costs; and to ensure that the planning, design, engineering, construction, and financing of transportation projects is done in an efficient and effective manner, promoting accountability for public investments and encouraging greater private sector involvement in project financing and delivery while enhancing safety and protecting the environment; delay in the delivery of transportation projects increases project costs, harms the economy of the United States, and impedes the travel of the people of the United States and the shipment of goods for the conduct of commerce; and the Secretary [of Transportation] shall identify and promote the deployment of innovation aimed at reducing the time and money required to deliver transportation projects while enhancing safety and protecting the environment. To advance the policy described in subsection (a), the Secretary [of Transportation] shall carry out a project delivery initiative under this section [amending this section and enacting this note]. to develop and advance the use of best practices to accelerate project delivery and reduce costs across all modes of transportation and expedite the deployment of technology and innovation; to implement provisions of law designed to accelerate project delivery; and to select eligible projects for applying experimental features to test innovative project delivery techniques. 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. engage interested parties, affected communities, resource agencies, and other stakeholders to gather information regarding opportunities for accelerating project delivery and reducing costs; establish a clearinghouse for the collection, documentation, and advancement of existing and new innovative approaches and best practices; disseminate information through a variety of means to transportation stakeholders on new innovative approaches and best practices; and provide technical assistance to assist transportation stakeholders in the use of flexibility authority to resolve project delays and accelerate project delivery if feasible. expanding eligibility of early acquisition of property prior to completion of environmental review under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); allowing the use of the construction manager or general contractor method of contracting in the Federal-aid highway system; and establishing a demonstration program to streamline the relocation process by permitting a lump-sum payment for acquisition and relocation if elected by the displaced occupant.” 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. 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.” Not later than 150 days after the date of enactment of this Act [see section 3(a), (b) of Pub. L. 112–141, set out as Effective and Termination Dates of 2012 Amendment notes above], the Comptroller General of the United States shall submit to Congress a report describing the activities funded from the Highway Trust Fund during each of fiscal years 2009 through 2011, including for purposes other than construction and maintenance of highways and bridges. 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. 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’.” support and encourage multistate transportation planning and corridor development; provide for transportation project development; facilitate transportation decisionmaking; and support transportation construction. A State transportation department or metropolitan planning organization in a Delta Region State may receive and administer funds provided under the program. The Secretary [of Transportation] shall make allocations under the program for multistate highway planning, development, and construction projects. All activities funded under this program shall be consistent with the continuing, cooperative, and comprehensive planning processes required by sections 134 and 135 of title 23, United States Code. in an area under the authority of the Delta Regional Authority; and on a Federal-aid highway; endorsement of the project by the State department of transportation; and evidence of the ability of the recipient of funds provided under the program to complete the project. encourage State and local officials to work together to develop plans for multimodal and multijurisdictional transportation decisionmaking; and increase the mobility of people and goods; improve the safety of the transportation system with respect to catastrophic natural disasters or disasters caused by human activity; and contribute to the economic vitality of the area in which the project is being carried out. Amounts provided by the Delta Regional Authority to carry out a project under this subsection [probably means this section] may be applied to the non-Federal share of the project required by section 120 of title 23, United States Code. There is authorized to be appropriated from the Highway Trust Fund (other than the Mass Transit Account) to carry out this section $10,000,000 for each of fiscal years 2006 through 2009. Funds made available to carry out this section shall be available for obligation in the same manner as if such funds were apportioned under chapter 1 of title 23, United States Code; except that such funds shall not be transferable and shall remain available until expended.” barrier design; road design, construction, and maintenance practices; and the architecture and implementation of intelligent transportation system technologies. one member recommended by a national motorcyclist association; one member recommended by a national motorcycle riders foundation; one representative of the National Association of State Motorcycle Safety Administrators; two members of State motorcyclists’ organizations; one member recommended by a national organization that represents the builders of highway infrastructure; one member recommended by a national association that represents the traffic safety systems industry; and one member of a national safety organization; and at least one, and not more than two, motorcyclists who are traffic system design engineers or State transportation department officials.” The Secretary shall establish and implement a program to make allocations to States and metropolitan planning organizations for coordinated planning, design, and construction of corridors of national significance, economic growth, and international or interregional trade. A State or metropolitan planning organization may apply to the Secretary for allocations under this section. high priority corridors identified in section 1105(c) of the Intermodal Surface Transportation Efficiency Act of 1991 [Pub. L. 102–240, 105 Stat. 2032]; and has increased since the date of enactment of the North American Free Trade Agreement Implementation Act (Public Law 103–182 [Dec. 8, 1993]); and is projected to increase in the future; has increased since the date of enactment of the North American Free Trade Agreement Implementation Act (Public Law 103–182); and is projected to increase in the future; the extent to which international truck-borne commodities move through each State; the reduction in commercial and other travel time through a major international gateway or affected port of entry expected as a result of the proposed project including the level of traffic delays at at-grade highway crossings of major rail lines in trade corridors; use of innovative financing; combination with funding provided under other sections of this Act [see Tables for classification] and title 23, United States Code; and combination with other sources of Federal, State, local, or private funding including State, local, and private matching funds; the value of the cargo carried by commercial vehicle traffic, to the extent that the value of the cargo and congestion impose economic costs on the Nation’s economy; and encourage or facilitate major multistate or regional mobility and economic growth and development in areas underserved by existing highway infrastructure. Feasibility studies. Comprehensive corridor planning and design activities. Location and routing studies. Multistate and intrastate coordination for corridors described in subsection (b). environmental review; and construction. A complete and comprehensive analysis of corridor costs and benefits. A coordinated corridor development plan and schedule, including a timetable for completion of all planning and development activities, environmental reviews and permits, and construction of all segments. A finance plan, including any innovative financing methods and, if the corridor is a multistate corridor, a State-by-State breakdown of corridor finances. The results of any environmental reviews and mitigation plans. The identification of any impediments to the development and construction of the corridor, including any environmental, social, political and economic objections. Funds made available by section 1101 of this Act [set out in part as a note below] to carry out this section and section 1119 [set out below] shall be available for obligation in the same manner as if such funds were apportioned under chapter 1 of title 23, United States Code. Planning with respect to a corridor under this section shall be coordinated with transportation planning being carried out by the States and metropolitan planning organizations along the corridor and, to the extent appropriate, with transportation planning being carried out by Federal land management agencies, by tribal governments, or by government agencies in Mexico or Canada. In this section, the term ‘State’ has the meaning such term has under section 101 of title 23, United States Code.” After consultation with relevant transportation planning organizations, the Governor of a State that shares a land border with Canada or Mexico may designate for each fiscal year not more than 5 percent of the funds made available to the State under section 133(d)(1)(B) of title 23, United States Code, for border infrastructure projects eligible under section 1303 of SAFETEA–LU (23 U.S.C. 101 note; 119 Stat. 1207). Funds designated under this section shall be available under the requirements of section 1303 of SAFETEA–LU (23 U.S.C. 101 note; 119 Stat. 1207). Before making a designation under subsection (a), the Governor shall certify that the designation is consistent with transportation planning requirements under title 23, United States Code. Not later than 30 days after making a designation under subsection (a), the Governor shall submit to the relevant transportation planning organizations within the border region a written notification of any suballocated or distributed amount of funds available for obligation by jurisdiction. This section applies only to funds apportioned to a State after the date of enactment of this Act [Dec. 4, 2015]. be submitted to the Secretary [of Transportation] not later than 30 days before the first day of the fiscal year for which the designation is being made; and remain in effect for the funds designated under subsection (a) for a fiscal year until the Governor of the State notifies the Secretary of the termination of the designation. Effective beginning on the date of a termination under subsection (f)(2), all remaining unobligated funds that were designated under subsection (a) for the fiscal year for which the designation is being terminated shall be made available to the State for the purposes described in section 133(d)(1)(B) of title 23, United States Code.” The Secretary [of Transportation] shall implement a coordinated border infrastructure program under which the Secretary shall distribute funds to border States to improve the safe movement of motor vehicles at or across the border between the United States and Canada and the border between the United States and Mexico. improvements in a border region to existing transportation and supporting infrastructure that facilitate cross-border motor vehicle and cargo movements; construction of highways and related safety and safety enforcement facilities in a border region that facilitate motor vehicle and cargo movements related to international trade; operational improvements in a border region, including improvements relating to electronic data interchange and use of telecommunications, to expedite cross border motor vehicle and cargo movement; modifications to regulatory procedures to expedite safe and efficient cross border motor vehicle and cargo movements; and international coordination of transportation planning, programming, and border operation with Canada and Mexico relating to expediting cross border motor vehicle and cargo movements. the total number of incoming commercial trucks that pass through the land border ports of entry within the boundaries of a border State, as determined by the Secretary; bears to the total number of incoming commercial trucks that pass through such ports of entry within the boundaries of all the border States, as determined by the Secretary. the total number of incoming personal motor vehicles and incoming buses that pass through land border ports of entry within the boundaries of a border State, as determined by the Secretary; bears to the total number of incoming personal motor vehicles and incoming buses that pass through such ports of entry within the boundaries of all the border States, as determined by the Secretary. the total weight of incoming cargo by commercial trucks that pass through land border ports of entry within the boundaries of a border State, as determined by the Secretary; bears to the total weight of incoming cargo by commercial trucks that pass through such ports of entry within the boundaries of all the border States, as determined by the Secretary. the total number of land border ports of entry within the boundaries of a border State, as determined by the Secretary; bears to the total number of land border ports of entry within the boundaries of all the border States, as determined by the Secretary. constructed in accordance with standards equivalent to applicable standards in the United States; and properly maintained and used over the useful life of the facility for the purpose for which the Secretary is allocating such funds to the project. the Secretary [of Transportation] determines, after consultation with the transportation department of the border State, that the General Services Administration should carry out the project; and the General Services Administration agrees to accept the transfer of, and to administer, those funds in accordance with this section. A border State that makes a request under paragraph (1) shall provide directly to the General Services Administration, for each project covered by the request, the non-Federal share of the cost of the project. shall not be considered to be an augmentation of the appropriations made available to the General Services Administration; and administered, subject to paragraph (1)(B), in accordance with the procedures of the General Services Administration; but available for obligation in the same manner as if the funds were apportioned under chapter 1 of title 23, United States Code. Obligation authority shall be transferred to the General Services Administration for a project in the same manner and amount as the funds provided for the project under paragraph (1). 15 percent of the aggregate amount of funds apportioned to the State under this section for such fiscal year; or $5,000,000. Funds made available to carry out this section shall be available for obligation in the same manner as if such funds were apportioned under chapter 1 of title 23, United States Code; except that, subject to subsection (e), such funds shall not be transferable and shall remain available until expended, and the Federal share of the cost of a project under this section shall be determined in accordance with section 120 of such title. The term ‘border region’ means any portion of a border State within 100 miles of an international land border with Canada or Mexico. The term ‘border State’ means any State that has an international land border with Canada or Mexico. The term ‘commercial truck’ means a commercial motor vehicle as defined in section 31301(4) (other than subparagraph (B)) of title 49, United States Code. The term ‘motor vehicle’ has the meaning such term has under section 101(a) of title 23, United States Code. The term ‘State’ has the meaning such term has in section 101(a) of such title 23.” The Secretary shall establish and implement a coordinated border infrastructure program under which the Secretary may make allocations to border States and metropolitan planning organizations for areas within the boundaries of 1 or more border States for projects to improve the safe movement of people and goods at or across the border between the United States and Canada and the border between the United States and Mexico. improvements to existing transportation and supporting infrastructure that facilitate cross-border vehicle and cargo movements; construction of highways and related safety and safety enforcement facilities that will facilitate vehicle and cargo movements related to international trade; operational improvements, including improvements relating to electronic data interchange and use of telecommunications, to expedite cross border vehicle and cargo movement; modifications to regulatory procedures to expedite cross border vehicle and cargo movements; international coordination of planning, programming, and border operation with Canada and Mexico relating to expediting cross border vehicle and cargo movements; and activities of Federal inspection agencies. expected reduction in commercial and other motor vehicle travel time through an international border crossing as a result of the project; improvements in vehicle and highway safety and cargo security related to motor vehicles crossing a border with Canada or Mexico; strategies to increase the use of existing, underutilized border crossing facilities and approaches; leveraging of Federal funds provided under this section, including use of innovative financing, combination of such funds with funding provided under other sections of this Act [see Tables for classification], and combination with other sources of Federal, State, local, or private funding; degree of multinational involvement in the project and demonstrated coordination with other Federal agencies responsible for the inspection of vehicles, cargo, and persons crossing international borders and their counterpart agencies in Canada and Mexico; improvements in vehicle and highway safety and cargo security in and through the gateway or affected port of entry concerned; the degree of demonstrated coordination with Federal inspection agencies; the extent to which the innovative and problem solving techniques of the proposed project would be applicable to other border stations or ports of entry; demonstrated local commitment to implement and sustain continuing comprehensive border or affected port of entry planning processes and improvement programs; and such other factors as the Secretary determines are appropriate to promote border transportation efficiency and safety. At the request of the Administrator of General Services, in consultation with the Attorney General, the Secretary may transfer, during the period of fiscal years 1998 through 2001, not more than $10,000,000 of the amounts made available by section 1101 [set out in part as a note below] to carry out this section and section 1118 [set out above] to the Administrator of General Services for the construction of transportation infrastructure necessary for law enforcement in border States. The term ‘border region’ means the portion of a border State in the vicinity of an international border with Canada or Mexico. The term ‘border State’ means any State that has a boundary in common with Canada or Mexico.” The Comptroller General of the United States shall conduct an evaluation of the methodology used by the Department of Transportation to determine highway needs using the highway economic requirement system (in this subsection referred to as the ‘model’). The evaluation shall include an assessment of the extent to which the model estimates an optimal level of highway infrastructure investment, including an assessment as to when the model may be overestimating or underestimating investment requirements. Not later than 2 years after the date of enactment of this Act [June 9, 1998], the Comptroller General shall submit to Congress a report on the results of the evaluation. In consultation with State transportation departments and other appropriate State and local officials, the Comptroller General of the United States shall conduct a study on the extent to which the model can be used to provide States with useful information for developing State transportation investment plans and State infrastructure investment projections. identify any additional data that may need to be collected beyond the data submitted, before the date of enactment of this Act, to the Federal Highway Administration through the highway performance monitoring system; and identify what additional work, if any, would be required of the Federal Highway Administration and the States to make the model useful at the State level. Not later than 3 years after the date of enactment of this Act, the Comptroller General shall submit to Congress a report on the results of the study.” The Secretary shall conduct a comprehensive assessment of the state of the transportation infrastructure on the southwest border between the United States and Mexico (in this subsection referred to as the ‘border’). the Secretary of State; the Attorney General; the Secretary of the Treasury; the Commandant of the Coast Guard; the Administrator of General Services; the American Commissioner on the International Boundary Commission, United States and Mexico; State agencies responsible for transportation and law enforcement in border States; and municipal governments and transportation authorities in sister cities in the border area. assess the flow of commercial and private traffic through designated ports of entry on the border; assess the adequacy of transportation infrastructure in the border area, including highways, bridges, railway lines, and border inspection facilities; assess the adequacy of law enforcement and narcotics abatement activities in the border area, as the activities relate to commercial and private traffic and infrastructure; assess future demands on transportation infrastructure in the border area; and make recommendations to facilitate legitimate cross-border traffic in the border area, while maintaining the integrity of the border. Not later than 1 year after the date of enactment of this Act [June 9, 1998], the Secretary shall submit to Congress a report on the assessment conducted under this subsection, including any related legislative and administrative recommendations.” In cooperation with appropriate State, tribal, regional, and local governments, the Secretary [of Transportation] shall establish a comprehensive program to address the relationships among transportation, community, and system preservation plans and practices and identify private sector-based initiatives to improve such relationships. Improve the efficiency of the transportation system of the United States. Reduce the impacts of transportation on the environment. Reduce the need for costly future investments in public infrastructure. Provide efficient access to jobs, services, and centers of trade. Examine community development patterns and identify strategies to encourage private sector development that achieves the purposes identified in paragraphs (1) through (4). The Secretary [of Transportation] shall allocate funds made available to carry out this section to States, metropolitan planning organizations, local governments, and tribal governments to carry out eligible projects to integrate transportation, community, and system preservation plans and practices. is eligible for assistance under title 23 or chapter 53 of title 49, United States Code; or Transit-oriented development plans. Traffic calming measures. Other coordinated transportation, community, and system preservation practices. are coordinated with State and local preservation or development plans, including transit-oriented development plans; promote cost-effective and strategic investments in transportation infrastructure that minimize adverse impacts on the environment; or promote innovative private sector strategies; spending policies that direct funds to high-growth areas; urban growth boundaries to guide metropolitan expansion; ‘green corridors’ programs that provide access to major highway corridors for areas targeted for efficient and compact development; or other similar programs or policies as determined by the Secretary; have preservation or development policies that include a mechanism for reducing potential impacts of transportation activities on the environment; demonstrate a commitment to public and private involvement, including the involvement of nontraditional partners in the project team; and examine ways to encourage private sector investments that address the purposes of this section. In allocating funds to carry out this section, the Secretary [of Transportation] shall ensure the equitable distribution of funds to a diversity of populations and geographic regions. There is authorized to be appropriated from the Highway Trust Fund (other than the Mass Transit Account) to carry out this section $25,000,000 for fiscal year 2005 and $61,250,000 for each of fiscal years 2006 through 2009. Funds made available to carry out this section shall be available for obligation in the same manner as if the funds were apportioned under chapter 1 of title 23, United States Code; except that such funds shall not be transferable, and the Federal share for projects and activities carried out with such funds shall be determined in accordance with section 120(b) of title 23, United States Code.” The purpose of this section is to authorize the provision of assistance for, and support of, State and local efforts concerning surface transportation issues necessary to obtain the national recognition and economic benefits of participation in the International Olympic movement, the International Paralympic movement, and the Special Olympics International movement by hosting international quadrennial Olympic and Paralympic events, and Special Olympics International events, in the United States. the project meets the extraordinary needs associated with an international quadrennial Olympic or Paralympic event or a Special Olympics International event; and the project is otherwise eligible for assistance under [former] sections 118(c) and 144(g)(1) of such title. planning activities of States and metropolitan planning organizations and transportation projects relating to an international quadrennial Olympic or Paralympic event, or a Special Olympics International event, under sections 134 and 135 of title 23, United States Code; and developing intermodal transportation plans necessary for the projects in coordination with State and local transportation agencies. Notwithstanding section 5001(a) [112 Stat. 419], from funds made available under such section, the Secretary may provide assistance for the development of an Olympic, a Paralympic, and a Special Olympics transportation management plan in cooperation with an Olympic Organizing Committee responsible for hosting, and State and local communities affected by, an international quadrennial Olympic or Paralympic event or a Special Olympics International event. The Secretary may provide assistance, including planning, capital, and operating assistance, to States and local governments in carrying out transportation projects relating to an international quadrennial Olympic or Paralympic event or a Special Olympics International event. The Federal share of the cost of a project assisted under this subsection shall not exceed 80 percent. A State or local government shall be eligible to receive assistance under this section only if the government is hosting a venue that is part of an international quadrennial Olympics that is officially selected by the International Olympic Committee or Special Olympics International. There are authorized to be appropriated from the Highway Trust Fund (other than the Mass Transit Account) to carry out this section such sums as are necessary for each of fiscal years 1998 through 2003.” The Secretary shall establish criteria for all discretionary programs funded from the Highway Trust Fund (other than the Mass Transit Account). To the extent practicable, such criteria shall conform to the Executive Order No. 12893 [31 U.S.C. 501 note] (relating to infrastructure investment). Before accepting applications for grants under any discretionary program for which funds are authorized to be appropriated from the Highway Trust Fund (other than the Mass Transit Account) by this Act [see Tables for classification] (including the amendments made by this Act), the Secretary shall publish the criteria established under subsection (a). Such publication shall identify all statutory criteria and any criteria established by regulation that will apply to the program. Not less often than quarterly, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a list of the projects selected under discretionary programs funded from the Highway Trust Fund (other than the Mass Transit Account) and an explanation of how the projects were selected based on the criteria established under subsection (a). The intelligent transportation system deployment program under title V [see Tables for classification]. The national corridor planning and development program. The coordinated border infrastructure and safety program. The construction of ferry boats and ferry terminal facilities. The national scenic byways program. The Interstate discretionary program. The discretionary bridge program.” while significant progress has occurred due to the establishment of the disadvantaged business enterprise program, discrimination and related barriers continue to pose significant obstacles for minority- and women-owned businesses seeking to do business in Federally assisted surface transportation markets across the United States; the continuing barriers described in subparagraph (A) merit the continuation of the disadvantaged business enterprise program; Congress has received and reviewed testimony and documentation of race and gender discrimination from numerous sources, including congressional hearings and roundtables, scientific reports, reports issued by public and private agencies, news stories, reports of discrimination by organizations and individuals, and discrimination lawsuits, which show that race- and gender-neutral efforts alone are insufficient to address the problem; the testimony and documentation described in subparagraph (C) demonstrate that discrimination across the United States poses a barrier to full and fair participation in surface transportation-related businesses of women business owners and minority business owners and has impacted firm development and many aspects of surface transportation-related business in the public and private markets; and the testimony and documentation described in subparagraph (C) provide a strong basis that there is a compelling need for the continuation of the disadvantaged business enterprise program to address race and gender discrimination in surface transportation-related business. 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)). The term ‘small business concern’ does not include any concern or group of concerns controlled by the same socially and economically disadvantaged individual or individuals that have average annual gross receipts during the preceding 3 fiscal years in excess of $26,290,000, as adjusted annually by the Secretary [of Transportation] for inflation. The term ‘socially and economically disadvantaged individuals’ has the meaning given the term in section 8(d) of the Small Business Act (15 U.S.C. 637(d)) and relevant subcontracting regulations issued pursuant to that Act [15 U.S.C. 631 et seq.], except that women shall be presumed to be socially and economically disadvantaged individuals for purposes of this subsection. Except to the extent that the Secretary determines otherwise, not less than 10 percent of the amounts made available for any program under this division [see Tables for classification] (other than section 14004 [amending section 202 of this title]), division C [amending section 601 of this title and sections 5302 to 5305, 5309, 5311, 5312, 5318, 5323, 5324, 5329, and 5334 to 5339 of Title 49, Transportation, enacting provisions set out as notes under sections 5312, 5329, and 5336 of Title 49, and amending provisions set out as notes under sections 5303 and 5309 of Title 49], 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. survey and compile a list of the small business concerns referred to in paragraph (3) in the State, including the location of the small business concerns in the State; and women; socially and economically disadvantaged individuals (other than women); and individuals who are women and are otherwise socially and economically disadvantaged individuals. 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. on-site visits; personal interviews with personnel; issuance or inspection of licenses; analyses of stock ownership; listings of equipment; analyses of bonding capacity; listings of work completed; examination of the resumes of principal owners; analyses of financial capacity; and analyses of the type of work preferred. information concerning disadvantaged business enterprise awards, commitments, and achievements; and such other information as the Secretary determines to be appropriate for the proper monitoring of the disadvantaged business enterprise program. Nothing in this subsection limits the eligibility of an individual or entity to receive funds made available under this division, division C, and section 403 of title 23, United States Code, if the entity or person is prevented, in whole or in part, from complying with paragraph (3) because a Federal court issues a final order in which the court finds that a requirement or the implementation of paragraph (3) is unconstitutional. the Secretary should take additional steps to ensure that recipients comply with section 26.29 of title 49, Code of Federal Regulations (the disadvantaged business enterprises prompt payment rule), or any corresponding regulation, in awarding Federally funded transportation contracts under laws and regulations administered by the Secretary; and such additional steps should include increasing the ability of the Department [of Transportation] to track and keep records of complaints and to make that information publicly available.” Not later than 180 days after the date of the enactment of this Act [Dec. 18, 1991], the Secretary shall establish in the Department of Transportation an advisory committee to assist the Secretary with respect to establishment of a national scenic byways program under title 23, United States Code. The Administrator of the Federal Highway Administration or the designee of the Administrator who shall serve as chairman of the advisory committee. The Chief of the Forest Service of the Department of Agriculture or the designee of the Chief. The Director of the National Park Service of the Department of the Interior or the designee of the Director. The Director of the Bureau of Land Management of the Department of the Interior or the designee of the Director. The Under Secretary for Travel and Tourism of the Department of Commerce or the designee of the Under Secretary. The Assistant Secretary for Indian Affairs of the Department of the Interior or the designee of the Assistant Secretary. 1 individual appointed by the Secretary who is specially qualified to represent the interests of conservationists on the advisory committee. 1 individual appointed by the Secretary of Transportation who is specially qualified to represent the interests of recreational users of scenic byways on the advisory committee. 1 individual appointed by the Secretary who is specially qualified to represent the interests of the tourism industry on the advisory committee. 1 individual appointed by the Secretary who is specially qualified to represent the interests of historic preservationists on the advisory committee. 1 individual appointed by the Secretary who is specially qualified to represent the interests of highway users on the advisory committee. 1 individual appointed by the Secretary to represent State highway and transportation officials. 1 individual appointed by the Secretary to represent local highway and transportation officials. 1 individual appointed by the Secretary who is specially qualified to serve on the advisory committee as a planner. 1 individual appointed by the Secretary who is specially qualified to represent the motoring public. 1 individual appointed by the Secretary who is specially qualified to represent groups interested in scenic preservation. 1 individual appointed by the Secretary who represents the outdoor advertising industry. Consideration of the scenic beauty and historic significance of highways proposed for designation as scenic byways and all-American roads and the areas surrounding such highways. Operation and management standards for highways designated as scenic byways and all-American roads, including strategies for maintaining or improving the qualities for which a highway is designated as a scenic byway or all-American road, for protecting and enhancing the landscape and view corridors surrounding such a highway, and for minimizing traffic congestion on such a highway. Standards for scenic byway-related signs, including those which identify highways as scenic byways and all-American roads. The advisability of uniform signs identifying highways as components of the scenic byway system. Standards for maintaining highway safety on the scenic byway system. Design review procedures for location of highway facilities, landscaping, and travelers’ facilities on the scenic byway system. Procedures for reviewing and terminating the designation of a highway designated as a scenic byway. Such other matters as the advisory committee may deem appropriate. Such other matters for which the Secretary may request recommendations. Not later than 18 months after the date of the enactment of this Act [Dec. 18, 1991], the advisory committee established under this section shall submit to the Secretary and Congress a report containing the recommendations described in paragraph (3). The Secretary shall provide technical assistance to the States (as such term is defined under section 101 of title 23, United States Code) and shall make grants to the States for the planning, design, and development of State scenic byway programs. The Federal share payable for the costs of planning, design, and development of State scenic byway programs under this section shall be 80 percent. There shall be available to the Secretary for carrying out this section (other than subsection (f)), out of the Highway Trust Fund (other than the Mass Transit Account), $1,000,000 for fiscal year 1992, $3,000,000 for fiscal year 1993, $4,000,000 for fiscal year 1994, $14,000,000 for each of the fiscal years 1995, 1996, and 1997, and $7,000,000 for the period of October 1, 1997, through March 31, 1998. Such sums shall remain available until expended. Notwithstanding any other provision of law, approval by the Secretary of a grant under this section shall be deemed a contractual obligation of the United States for payment of the Federal share of the cost of activities for which the grant is being made. During fiscal years 1992, 1993, and 1994, the Secretary may make grants to any State which has a scenic highway program for carrying out eligible projects on highways which the State has designated as scenic byways. those eligible projects which are included in a corridor management plan for maintaining scenic, historic, recreational, cultural, and archeological characteristics of the corridor while providing for accommodation of increased tourism and development of related amenities; those eligible projects for which a strong local commitment is demonstrated for implementing the management plans and protecting the characteristics for which the highway is likely to be designated as a scenic byway; those eligible projects which are included in programs which can serve as models for other States to follow when establishing and designing scenic byways on an intrastate or interstate basis; and those eligible projects in multi-State corridors where the States submit joint applications. Planning, design, and development of State scenic byway programs. Making safety improvements to a highway designated as a scenic byway under this subsection to the extent such improvements are necessary to accommodate increased traffic, and changes in the types of vehicles using the highway, due to such designation. Construction along the highway of facilities for the use of pedestrians and bicyclists, rest areas, turnouts, highway shoulder improvements, passing lanes, overlooks, and interpretive facilities. Improvements to the highway which will enhance access to an area for the purpose of recreation, including water-related recreation. Protecting historical and cultural resources in areas adjacent to the highway. Developing and providing tourist information to the public, including interpretive information about the scenic byway. The Federal share payable for the costs of carrying out projects and developing programs under this subsection with funds made available pursuant to this subsection shall be 80 percent. There shall be available to the Secretary for carrying out this subsection, out of the Highway Trust Fund (other than the Mass Transit Account), $10,000,000 for fiscal year 1992, $10,000,000 for fiscal year 1993, and $10,000,000 for fiscal year 1994. Such sums shall remain available until expended. The Secretary shall not make a grant under this section for any project which would not protect the scenic, historic, recreational, cultural, natural, and archeological integrity of the highway and adjacent area. The Secretary may not use more than 10 percent of the funds authorized for each fiscal year under subsection (f)(5) for removal of any outdoor advertising sign, display, or device. For purposes of this section, a highway designated as a scenic highway in the State of Oregon shall be treated as a scenic byway.” The Secretary shall conduct a study to determine an appropriate symbol or emblem to be placed on highway signs referring to the Interstate System to commemorate the vision of President Dwight D. Eisenhower in creating the Dwight D. Eisenhower National System of Interstate and Defense Highways [now Dwight D. Eisenhower System of Interstate and Defense Highways]. Not later than 1 year after the date of the enactment of this Act [Dec. 18, 1991], the Secretary shall transmit to Congress a report on the results of the study under this section.” notwithstanding any other provision of law, The National System of Interstate and Defense Highways shall be redesignated as ‘The Dwight D. Eisenhower System of Interstate and Defense Highways’; and any reference before the date of enactment of this Act [Oct. 15, 1990] in any provision of law, regulation, map, sign, or otherwise to The National System of Interstate and Defense Highways shall be deemed to refer, on and after such date, to The Dwight D. Eisenhower System of Interstate and Defense Highways.” Notwithstanding the provisions of section 4(b) of the Federal-Aid Highway Act of 1981 [section 4(b) of Pub. L. 97–134, which amended section 108(b) of the Federal-Aid Highway Act of 1956, set out as a note under this section] the Secretary of Transportation may approve a change in location of any Interstate route or segment and approve, in lieu thereof, the construction of such Interstate route or segment on a new location if the original location of such route or segment meets the following criteria: (1) it has been designated under [former] section 103(e) of title 23, United States Code; (2) it is serving Interstate travel as of the date of enactment of this section [Jan. 6, 1983]; (3) it requires improvements which are eligible under the Federal-Aid Highway Act of 1981 [see Short Title of 1981 Amendment note above] and which would either involve major modifications in order to meet acceptable standards or result in severe environmental impacts and such major modifications or mitigation measures relating to the environmental impacts are not cost effective. The cost of the construction of such Interstate route or segment on new location with funds available under section 108(b) of the Federal-Aid Highway Act of 1956, as amended [set out as a note below], shall not exceed the estimated cost of the eligible improvements on the original location as eligible under the Federal-Aid Highway Act of 1981 and included in the 1983 interstate cost estimate as approved by the Congress. Such cost shall be increased or decreased, as determined by the Secretary, based on changes in construction costs of the original location of the route or segment as of the date of approval of each project on the new location. Upon approval of a new location, and funds apportioned under [former] section 104(b)(5)(A) of title 23, United States Code, which were expended on the route or segment in the original location shall be refunded to the Highway Trust Fund and credited to the unobligated balance of the State’s apportionment made under [former] section 104(b)(5)(A) of title 23, United States Code, and other eligible Federal-aid highway funds may be substituted in lieu thereof at the appropriate Federal share. Where the Secretary of Transportation approves a relocation of an Interstate route or segment under the provisions of subsection (a) of this section, such route or segment shall not be eligible for withdrawal under the provisions of [former] section 103(e)(4) of title 23, United States Code, and shall be subject to the Interstate System completion deadlines provided in subsections (d) and (e) of section 107 of the Surface Transportation Assistance Act of 1978 [Pub. L. 95–599, formerly set out as notes under section 103 of this title] or subject to Interstate System completion deadlines as may be determined by Congress. Notwithstanding any other provision of this section or of any other provision of law, any project involving the relocation of any Interstate route or segment that is approved by the Secretary of Transportation under subsection (a) shall be eligible for discretionary funds made available under [former] section 118(b)(2)(B) of title 23, United States Code.” Short title]. That this Act be cited as the ‘Emergency Highway Energy Conservation Act’. ” The Secretary of Transportation shall develop and include in the report of Congress required to be submitted in January 1972, by section 3 of the Act of August 28, 1965 (79 Stat. 578; Public Law 89–139) [set out below], specific recommendations for the functional realinement of the Federal-aid systems. These recommendations shall be based on the functional classification study made in cooperation with the State highway departments and local governments as required by the Federal-Aid Highway Act of 1968 [see section 17 of Pub. L. 90–495, set out as a note below] and submitted to the Congress in 1970, and the functional classification study now underway of the Federal-aid systems in 1990. As a part of the future highway needs report to be submitted to Congress in January 1972, the Secretary shall also make recommendations to the Congress for a continuing Federal-aid highway program for the period 1976 to 1990. The needs estimates to be used in developing such programs shall be in conformance with the functional classification studies referred to in subsection (a) of this section and the recommendations for the functional realinement required by such subsection. The recommendations required by subsections (a) and (b) of this section shall be determined on the basis of studies now being conducted by the Secretary in cooperation with the State highway departments and local governments, and, in urban areas of more than fifty thousand population, utilizing the cooperative continuing comprehensive transportation planning process conducted in accordance with section 134 of title 23, United States Code. The highway needs estimates prepared by the States in connection with this report to Congress shall be submitted to Congress by the Secretary, together with his recommendations. As a part of the future highway needs report to be submitted to Congress on January 1972, the Secretary shall report to Congress the Federal-aid urban system as designated, and the cost of its construction.” The term ‘Department’ means the Department of Transportation. The term ‘Secretary’ means the Secretary of Transportation.” The term ‘Department’ means the Department of Transportation. The term ‘Secretary’ means the Secretary of Transportation.” The term ‘Department’ means the Department of Transportation. The term ‘Secretary’ means the Secretary of Transportation.” The term ‘Department’ means the Department of Transportation. The term ‘Secretary’ means the Secretary of Transportation.” The term ‘Interstate System’ has the meaning such term has under section 101 of title 23, United States Code. The term ‘Secretary’ means the Secretary of Transportation.” In this title, the following definitions apply: The term “construction” means the supervising, inspecting, actual building, and incurrence of all costs incidental to the construction or reconstruction of a highway or any project eligible for assistance under this title, including bond costs and other costs relating to the issuance in accordance with section 122 of bonds or other debt financing instruments and costs incurred by the State in performing Federal-aid project related audits that directly benefit the Federal-aid highway program. Such term includes— The term “highway” includes— The term “natural infrastructure” means infrastructure that uses, restores, or emulates natural ecological processes and— The term “operational improvement”— The term “resilience”, with respect to a project, means a project with the ability to anticipate, prepare for, or adapt to conditions or withstand, respond to, or recover rapidly from disruptions, including the ability— The term “transportation systems management and operations” means integrated strategies to optimize the performance of existing infrastructure through— The term “transportation systems management and operations” includes— Congress declares that— among the foremost needs that the surface transportation system must meet to provide for a strong and vigorous national economy are safe, efficient, resilient, and reliable— Accordingly, it is the policy of the United States that— The amendments made by this Act (other than the amendments made by sections 101(g), 101(m)(1)(H) [amending section 144 of this title, not Pub. L. 109–59], 103, 105, 109, and 201(o)) to the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (Public Law 109–59; 119 Stat. 1144) shall— In this section, the term ‘eligible facility’ may include— The Secretary [of Transportation] shall establish a pilot program through which an eligible entity may apply for funding, in order to restore community connectivity— The Secretary may award a grant (referred to in this section as a ‘planning grant’) to carry out planning activities described in paragraph (2) to— The planning activities referred to in paragraph (1) are— planning studies to evaluate the feasibility of removing, retrofitting, or mitigating an existing eligible facility to restore community connectivity, including evaluations of— the cost to remove, retrofit, or mitigate the eligible facility— The technical assistance referred to in subparagraph (A) is technical assistance in building organizational or community capacity— to identify innovative solutions to infrastructure challenges, including reconnecting communities that— The Secretary shall— solicit applications for— evaluate applications for a planning grant on the basis of the demonstration by the applicant that— the eligible facility— An owner of an eligible facility may, for the purposes of submitting an application for a capital construction grant, if applicable, partner with— A project eligible to be carried out with a capital construction grant includes— the replacement of an eligible facility with a new facility that— is— The Secretary shall— evaluate applications on the basis of— the plan of the applicant for— To help achieve inclusive economic development benefits with respect to the project for which a grant is awarded, a grant recipient may form a community advisory board, which shall— If a grant recipient forms a community advisory board under subparagraph (A), the community advisory board shall be composed of representatives of— Not later than January 1, 2026, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that evaluates the program under this section, including— for recipients of capital construction grants, the outcomes and impacts of the highway removal project, including— Not later than 2 years after the date of enactment of this Act [Nov. 15, 2021], the Comptroller General of the United States shall issue a report that— In this section: The term ‘transportation authority’ means— In developing the tool under paragraph (1), the Administrator shall— The office designated under paragraph (1) shall, in coordination with the Transportation Security Administration and the Cybersecurity and Infrastructure Security Agency— In this section, the term ‘covered lapse in Highway Trust Fund expenditure authority’ means any lapse in authority to make expenditures from the Highway Trust Fund that begins on— “In this Act [see Short Title of 2021 Amendment note set out above]: The term ‘covered law’ means any of the following: The term ‘extension fraction’ means the quotient, expressed as a fraction, obtained by dividing— Notwithstanding subsections (c)(2) or (e)(1) of section 104 of title 23, United States Code, the Secretary— A program referred to in subparagraph (A)(i) is a program— In distributing a limitation on obligations for Federal-aid highways for qualifying programs, the Secretary— In this paragraph, the term ‘qualifying program’ means a program for Federal-aid highways that is— allocated by the Secretary under— In this section: The term ‘covered laws’ means the following: With respect to projects eligible for funding under title 23, United States Code, subject to subsection (b), on request by a State, and if in the public interest (as determined by the Secretary [of Transportation]), the Secretary shall exercise all existing flexibilities under— Nothing in this section— supersedes, amends, or modifies— The Secretary shall work with States to ensure that any guidance developed under subsection (a) is consistently implemented by States and the Federal Highway Administration to— It is in the national interest for the Department [of Transportation], State departments of transportation, and all other recipients of Federal transportation funds— To advance the policy described in subsection (a), the Administrator of the Federal Highway Administration shall continue the Every Day Counts initiative to work with States, local transportation agencies, and industry stakeholders to identify and deploy proven innovative practices and products that— It is the policy of the United States that— it is in the national interest for the Department [of Transportation], State departments of transportation, transit agencies, and all other recipients of Federal transportation funds— The purposes of the project delivery initiative shall be— To advance the use of best practices, the Secretary shall— The Secretary shall ensure that the provisions of this subtitle [subtitle C (§§ 1301–1323) of title I of div. A of Pub. L. 112–141, see Tables for classification] designed to accelerate project delivery are fully implemented, including— The Secretary [of Transportation] shall carry out a program in the 8 States comprising the Delta Region (Alabama, Arkansas, Illinois, Kentucky, Louisiana, Mississippi, Missouri, and Tennessee) to— The Secretary [of Transportation] shall select projects to be carried out under the program based on— whether the project is located— In administering the program, the Secretary [of Transportation] shall— give priority to projects that emphasize multimodal planning, including planning for operational improvements that— The Secretary [of Transportation], acting through the Administrator of the Federal Highway Administration, in consultation with the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate, shall appoint a Motorcyclist Advisory Council to coordinate with and advise the Administrator on infrastructure issues of concern to motorcyclists, including— The Council shall consist of not more than 10 members of the motorcycling community with professional expertise in national motorcyclist safety advocacy, including— at least— The Secretary may make allocations under this section with respect to— any other significant regional or multistate highway corridor not described in whole or in part in paragraph (1) selected by the Secretary after consideration of— the extent to which the annual volume of commercial vehicle traffic at the border stations or ports of entry of each State— the extent to which commercial vehicle traffic in each State— the extent of leveraging of Federal funds provided under this subsection, including— Allocations may be made under this section for 1 or more of the following purposes: After review by the Secretary of a development and management plan for the corridor or a usable component thereof under subsection (b)— A State or metropolitan planning organization receiving an allocation under this section shall develop, and submit to the Secretary for review, a development and management plan for the corridor or a usable component thereof with respect to which the allocation is being made. Such plan shall include, at a minimum, the following elements: A designation under subsection (a) shall— Subject to subsection (d), a State may use funds apportioned under this section only for— On October 1 of each fiscal year, the Secretary [of Transportation] shall apportion among border States sums authorized to be appropriated to carry out this section for such fiscal year as follows: 20 percent in the ratio that— 30 percent in the ratio that— 25 percent in the ratio that— 25 percent of the ratio that— A project in Canada or Mexico, proposed by a border State to directly and predominantly facilitate cross-border motor vehicle and cargo movements at an international port of entry into the border region of the State, may be constructed using funds apportioned to the State under this section if, before obligation of those funds, Canada or Mexico, or the political subdivision of Canada or Mexico that is responsible for the operation of the facility to be constructed, provides assurances satisfactory to the Secretary [of Transportation] that any facility constructed under this subsection will be— At the request of a border State, funds apportioned to the State under this section may be transferred to the General Services Administration for the purpose of funding one or more projects described in subsection (b) if— Funds provided by a border State under subparagraph (A)— shall be— No State may transfer to the General Services Administration under this subsection an amount that is more than the lesser of— In this section, the following definitions apply: Allocations to States and metropolitan planning organizations under this section may only be used in a border region for— The Secretary shall make allocations under this section on the basis of— In this section, the following definitions apply: The study shall— In carrying out the assessment, the Secretary shall consult with— In carrying out the assessment, the Secretary shall— Through the program under this section, the Secretary [of Transportation] shall facilitate the planning, development, and implementation of strategies to integrate transportation, community, and system preservation plans and practices that address one or more of the following: A project described in subsection (c) is an eligible project under this section if the project— is to conduct any other activity relating to transportation, community, and system preservation that the Secretary [of Transportation] determines to be appropriate, including corridor preservation activities that are necessary to implement one or more of the following: In allocating funds made available to carry out this section, the Secretary [of Transportation] shall give priority consideration to applicants that— have instituted preservation or development plans and programs that— have instituted other policies to integrate transportation, community, and system preservation practices, such as— Notwithstanding any other provision of law, from funds available to carry out [former] sections 118(c) and 144(g)(1) of title 23, United States Code, the Secretary may give priority to funding for a transportation project relating to an international quadrennial Olympic or Paralympic event, or a Special Olympics International event, if— The Secretary may participate in— At a minimum, the criteria established under subsection (a) and the selection process established by subsection (b) shall apply to the following programs: Congress finds that— In this subsection: Each State shall annually— notify the Secretary, in writing, of the percentage of the small business concerns that are controlled by— The minimum uniform criteria established under subparagraph (A) shall include, with respect to a potential small business concern— The Secretary shall establish minimum requirements for use by State governments in reporting to the Secretary— It is the sense of Congress that— The advisory committee established under this section shall be composed of 17 members as follows: The advisory committee established under this subsection shall develop and make to the Secretary recommendations regarding minimum criteria for use by State and Federal agencies in designating highways as scenic byways and as all-American roads for purposes of a national scenic byways program to be established under title 23, United States Code. Such recommendations shall include recommendations on the following: In making grants under paragraph (1), the Secretary shall give priority to— The following are projects which are eligible for Federal assistance under this subsection: (Source: (Pub. L. 85–767, Aug. 27, 1958, 72 Stat. 885; Pub. L. 86–70, § 21(e)(1), June 25, 1959, 73 Stat. 146; Pub. L. 86–624, § 17(a), July 12, 1960, 74 Stat. 415; Pub. L. 87–866, § 6(a), Oct. 23, 1962, 76 Stat. 1147; Pub. L. 88–423, § 3, Aug. 13, 1964, 78 Stat. 397; Pub. L. 89–574, § 4(a), Sept. 13, 1966, 80 Stat. 767; Pub. L. 90–495, §§ 4(a), 8, 15, Aug. 23, 1968, 82 Stat. 816, 819, 822; Pub. L. 91–605, title I, §§ 104(a), 106(a), 107, 117(d), 130, 141, Dec. 31, 1970, 84 Stat. 1714, 1716, 1718, 1724, 1732, 1737; Pub. L. 93–87, title I, §§ 105, 106(a), 107, 108, 152(1), Aug. 13, 1973, 87 Stat. 253–255, 276; Pub. L. 93–643, § 102(b), Jan. 4, 1975, 88 Stat. 2281; Pub. L. 94–280, title I, §§ 107(a), 108, May 5, 1976, 90 Stat. 430, 431; Pub. L. 95–599, title I, § 106, Nov. 6, 1978, 92 Stat. 2693; Pub. L. 97–424, title I, §§ 126(c), 159, Jan. 6, 1983, 96 Stat. 2115, 2135; Pub. L. 100–17, title I, §§ 102(b)(3), 108, 109, 133(b)(2), (3), Apr. 2, 1987, 101 Stat. 135, 146, 171; Pub. L. 101–427, Oct. 15, 1990, 104 Stat. 927; Pub. L. 102–240, title I, §§ 1001(g), 1005, 1006(g)(1), 1007(c), Dec. 18, 1991, 105 Stat. 1916, 1922, 1927, 1931; Pub. L. 104–59, title III, §§ 301(b), 311(b), Nov. 28, 1995, 109 Stat. 578, 583; Pub. L. 105–178, title I, § 1201, June 9, 1998, 112 Stat. 164; Pub. L. 109–59, title I, §§ 1122, 1909(a), Aug. 10, 2005, 119 Stat. 1196, 1470; Pub. L. 110–244, title I, § 101(h), June 6, 2008, 122 Stat. 1574; Pub. L. 112–141, div. A, title I, §§ 1103, 1301(c), 1501, July 6, 2012, 126 Stat. 419, 528, 560; Pub. L. 114–94, div. A, title I, § 1103, Dec. 4, 2015, 129 Stat. 1328; Pub. L. 117–58, div. A, title I, §§ 11103, 11123(a), 11525(a), Nov. 15, 2021, 135 Stat. 453, 499, 607.))