(a) In general.—The following amounts are authorized to be appropriated out of the Highway Trust Fund (other than the Mass Transit Account):

(1) FEDERAL-AID HIGHWAY PROGRAM.—For the national highway performance program under section 119 of title 23, United States Code, the surface transportation block grant program under section 133 of that title, the highway safety improvement program under section 148 of that title, the congestion mitigation and air quality improvement program under section 149 of that title, the national highway freight program under section 167 of that title, and to carry out section 134 of that title—

(A) $47,855,749,000 for fiscal year 2021;

(B) $48,829,248,000 for fiscal year 2022;

(C) $49,849,443,000 for fiscal year 2023;

(D) $50,914,302,000 for fiscal year 2024; and

(E) $51,979,162,000 for fiscal year 2025.

(2) TRANSPORTATION INFRASTRUCTURE FINANCE AND INNOVATION PROGRAM.—For credit assistance under the transportation infrastructure finance and innovation program under chapter 6 of title 23, United States Code, $300,000,000 for each of fiscal years 2021 through 2025.

(3) FEDERAL LANDS AND TRIBAL TRANSPORTATION PROGRAMS.—

(A) TRIBAL TRANSPORTATION PROGRAM.—For the tribal transportation program under section 202 of title 23, United States Code—

(i) $565,000,000 for fiscal year 2021;

(ii) $580,000,000 for fiscal year 2022;

(iii) $595,000,000 for fiscal year 2023;

(iv) $610,000,000 for fiscal year 2024; and

(v) $625,000,000 for fiscal year 2025.

(B) FEDERAL LANDS TRANSPORTATION PROGRAM.—

(i) IN GENERAL.—For the Federal lands transportation program under section 203 of title 23, United States Code—

(I) $413,000,000 for fiscal year 2021;

(II) $423,000,000 for fiscal year 2022;

(III) $433,000,000 for fiscal year 2023;

(IV) $443,000,000 for fiscal year 2024; and

(V) $453,000,000 for fiscal year 2025.

(ii) ALLOCATION.—Of the amount made available for a fiscal year under clause (i)—

(I) the amount for the National Park Service is—

(aa) $330,000,000 for fiscal year 2021;

(bb) $338,000,000 for fiscal year 2022;

(cc) $346,000,000 for fiscal year 2023;

(dd) $354,000,000 for fiscal year 2024; and

(ee) $362,000,000 for fiscal year 2025;

(II) the amount for the United States Fish and Wildlife Service is $33,000,000 for each of fiscal years 2021 through 2025; and

(III) the amount for the Forest Service is—

(aa) $22,000,000 for fiscal year 2021;

(bb) $23,000,000 for fiscal year 2022;

(cc) $24,000,000 for fiscal year 2023;

(dd) $25,000,000 for fiscal year 2024; and

(ee) $26,000,000 for fiscal year 2025.

(C) FEDERAL LANDS ACCESS PROGRAM.—For the Federal lands access program under section 204 of title 23, United States Code—

(i) $280,000,000 for fiscal year 2021;

(ii) $285,000,000 for fiscal year 2022;

(iii) $290,000,000 for fiscal year 2023;

(iv) $295,000,000 for fiscal year 2024; and

(v) $300,000,000 for fiscal year 2025.

(4) TERRITORIAL AND PUERTO RICO HIGHWAY PROGRAM.—For the territorial and Puerto Rico highway program under section 165 of title 23, United States Code—

(A) $204,500,000 for fiscal year 2021;

(B) $208,000,000 for fiscal year 2022;

(C) $212,000,000 for fiscal year 2023;

(D) $216,000,000 for fiscal year 2024; and

(E) $221,500,000 for fiscal year 2025.

(5) NATIONALLY SIGNIFICANT FREIGHT AND HIGHWAY PROJECTS.—For nationally significant freight and highway projects under section 117 of title 23, United States Code—

(A) $1,050,000,000 for fiscal year 2021;

(B) $1,075,000,000 for fiscal year 2022;

(C) $1,100,000,000 for fiscal year 2023;

(D) $1,125,000,000 for fiscal year 2024; and

(E) $1,150,000,000 for fiscal year 2025.

(b) Other programs.—

(1) IN GENERAL.—The following amounts are authorized to be appropriated out of the Highway Trust Fund (other than the Mass Transit Account):

(A) BRIDGE INVESTMENT PROGRAM.—To carry out the bridge investment program under section 124 of title 23, United States Code—

(i) $600,000,000 for fiscal year 2021;

(ii) $640,000,000 for fiscal year 2022;

(iii) $650,000,000 for fiscal year 2023;

(iv) $675,000,000 for fiscal year 2024; and

(v) $700,000,000 for fiscal year 2025.

(B) CONGESTION RELIEF PROGRAM.—To carry out the congestion relief program under section 129(d) of title 23, United States Code, $40,000,000 for each of fiscal years 2021 through 2025.

(C) CHARGING AND FUELING INFRASTRUCTURE GRANTS.—To carry out section 151(f) of title 23, United States Code—

(i) $100,000,000 for fiscal year 2021;

(ii) $100,000,000 for fiscal year 2022;

(iii) $200,000,000 for fiscal year 2023;

(iv) $300,000,000 for fiscal year 2024; and

(v) $300,000,000 for fiscal year 2025.

(D) FORMULA SAFETY INCENTIVE PROGRAM.—To carry out the formula safety incentive program under section 172 of title 23, United States Code, $500,000,000 for each of fiscal years 2021 through 2025.

(E) FATALITY REDUCTION PERFORMANCE PROGRAM.—To carry out the fatality reduction performance program under section 173 of title 23, United States Code, $100,000,000 for each of fiscal years 2021 through 2025.

(F) FORMULA CARBON REDUCTION INCENTIVE PROGRAM.—To carry out the formula carbon reduction incentive program under section 177 of title 23, United States Code, $600,000,000 for each of fiscal years 2021 through 2025.

(G) CARBON REDUCTION PERFORMANCE PROGRAM.—To carry out the carbon reduction performance program under section 178 of title 23, United States Code, $100,000,000 for each of fiscal years 2021 through 2025.

(H) PROTECT GRANTS.—To carry out the PROTECT grant program under section 179 of title 23, United States Code, for each of fiscal years 2021 through 2025—

(i) $786,000,000 for formula awards to States under subsection (c) of that section; and

(ii) $200,000,000 for competitive grants under subsection (d) of that section, of which not less than $20,000,000 shall be for planning grants under paragraph (3) of that subsection.

(I) REDUCTION OF TRUCK EMISSIONS AT PORT FACILITIES.—

(i) IN GENERAL.—To carry out the reduction of truck emissions at port facilities under section 1402—

(I) $60,000,000 for fiscal year 2021;

(II) $70,000,000 for fiscal year 2022;

(III) $70,000,000 for fiscal year 2023;

(IV) $80,000,000 for fiscal year 2024; and

(V) $90,000,000 for fiscal year 2025.

(ii) TREATMENT.—Amounts made available under clause (i) shall be available for obligation in the same manner as if those amounts were apportioned under chapter 1 of title 23, United States Code.

(J) NATIONALLY SIGNIFICANT FEDERAL LANDS AND TRIBAL PROJECTS.—

(i) IN GENERAL.—To carry out the nationally significant Federal lands and tribal projects program under section 1123 of the FAST Act (23 U.S.C. 201 note; Public Law 114–94), $50,000,000 for each of fiscal years 2021 through 2025.

(ii) TREATMENT.—Amounts made available under clause (i) shall be available for obligation in the same manner as if those amounts were apportioned under chapter 1 of title 23, United States Code.

(2) GENERAL FUND.—

(A) BRIDGE INVESTMENT PROGRAM.—

(i) IN GENERAL.—In addition to amounts made available under paragraph (1)(A), there are authorized to be appropriated to carry out the bridge investment program under section 124 of title 23, United States Code—

(I) $600,000,000 for fiscal year 2021;

(II) $640,000,000 for fiscal year 2022;

(III) $650,000,000 for fiscal year 2023;

(IV) $675,000,000 for fiscal year 2024; and

(V) $700,000,000 for fiscal year 2025.

(ii) ALLOCATION.—Amounts made available under clause (i) shall be allocated in the same manner as if made available under paragraph (1)(A).

(B) NATIONALLY SIGNIFICANT FEDERAL LANDS AND TRIBAL PROJECTS PROGRAM.—

(i) IN GENERAL.—In addition to amounts made available under paragraph (1)(J), there is authorized to be appropriated to carry out section 1123 of the FAST Act (23 U.S.C. 201 note; Public Law 114–94) $100,000,000 for each of fiscal years 2021 through 2025, to remain available for a period of 3 fiscal years following the fiscal year for which the amounts are appropriated.

(ii) CONFORMING AMENDMENT.—Section 1123 of the FAST Act (23 U.S.C. 201 note; Public Law 114–94) is amended by striking subsection (h).

(c) Research, technology, and education authorizations.—

(1) IN GENERAL.—The following amounts are authorized to be appropriated out of the Highway Trust Fund (other than the Mass Transit Account):

(A) HIGHWAY RESEARCH AND DEVELOPMENT PROGRAM.—To carry out section 503(b) of title 23, United States Code, $153,431,378 for each of fiscal years 2021 through 2025.

(B) TECHNOLOGY AND INNOVATION DEPLOYMENT PROGRAM.—To carry out section 503(c) of title 23, United States Code, $135,000,000 for each of fiscal years 2021 through 2025.

(C) TRAINING AND EDUCATION.—To carry out section 504 of title 23, United States Code—

(i) $25,000,000 for fiscal year 2021;

(ii) $26,000,000 for fiscal year 2022;

(iii) $27,000,000 for fiscal year 2023;

(iv) $27,000,000 for fiscal year 2024; and

(v) $27,000,000 for fiscal year 2025.

(D) INTELLIGENT TRANSPORTATION SYSTEMS PROGRAM.—To carry out sections 512 through 518 of title 23, United States Code, $110,000,000 for each of fiscal years 2021 through 2025.

(E) UNIVERSITY TRANSPORTATION CENTERS PROGRAM.—To carry out section 5505 of title 49, United States Code—

(i) $82,500,000 for fiscal year 2021;

(ii) $84,000,000 for fiscal year 2022;

(iii) $85,500,000 for fiscal year 2023;

(iv) $87,000,000 for fiscal year 2024; and

(v) $88,500,000 for fiscal year 2025.

(F) BUREAU OF TRANSPORTATION STATISTICS.—To carry out chapter 63 of title 49, United States Code, $26,000,000 for each of fiscal years 2021 through 2025.

(2) ADMINISTRATION.—The Federal Highway Administration shall—

(A) administer the programs described in subparagraphs (A), (B), and (C) of paragraph (1); and

(B) in consultation with relevant modal administrations, administer the programs described in paragraph (1)(D).

(3) APPLICABILITY OF TITLE 23, UNITED STATES CODE.—Amounts authorized to be appropriated by paragraph (1) shall—

(A) be available for obligation in the same manner as if those funds were apportioned under chapter 1 of title 23, United States Code, except that the Federal share of the cost of a project or activity carried out using those funds shall be 80 percent, unless otherwise expressly provided by this Act (including the amendments by this Act) or otherwise determined by the Secretary; and

(B) remain available until expended and not be transferable, except as otherwise provided by this Act.

(d) Pilot programs.—The following amounts are authorized to be appropriated out of the Highway Trust Fund (other than the Mass Transit Account):

(1) WILDLIFE CROSSINGS PILOT PROGRAM.—For the wildlife crossings pilot program under section 174 of title 23, United States Code—

(A) $55,000,000 for fiscal year 2021;

(B) $60,000,000 for fiscal year 2022;

(C) $45,000,000 for fiscal year 2023;

(D) $45,000,000 for fiscal year 2024; and

(E) $45,000,000 for fiscal year 2025.

(2) PRIORITIZATION PROCESS PILOT PROGRAM.—

(A) IN GENERAL.—For the prioritization process pilot program under section 1205, $10,000,000 for each of fiscal years 2021 through 2025.

(B) TREATMENT.—Amounts made available under subparagraph (A) shall be available for obligation in the same manner as if those amounts were apportioned under chapter 1 of title 23, United States Code.

(3) DISASTER RELIEF MOBILIZATION PILOT PROGRAM.—

(A) IN GENERAL.—For the disaster relief mobilization pilot program under section 1505, $1,000,000 for each of fiscal years 2021 through 2025.

(B) TREATMENT.—Amounts made available under subparagraph (A) shall be available for obligation in the same manner as if those amounts were apportioned under chapter 1 of title 23, United States Code, except that those amounts shall remain available until expended.

(4) COMMUNITY CONNECTIVITY PILOT PROGRAM.—

(A) PLANNING GRANTS.—For planning grants under the community connectivity pilot program under section 1508(c)—

(i) $20,000,000 for fiscal year 2021;

(ii) $15,000,000 for fiscal year 2022;

(iii) $10,000,000 for fiscal year 2023;

(iv) $2,500,000 for fiscal year 2024; and

(v) $2,500,000 for fiscal year 2025.

(B) CAPITAL CONSTRUCTION GRANTS.—For capital construction grants under the community connectivity pilot program under section 1508(d), $14,000,000 for each of fiscal years 2021 through 2025.

(C) TREATMENT.—Amounts made available under subparagraph (A) or (B) shall be available for obligation in the same manner as if those amounts were apportioned under chapter 1 of title 23, United States Code, except that those amounts shall remain available until expended.

(5) OPEN CHALLENGE AND RESEARCH INITIATIVE PILOT PROGRAM.—

(A) IN GENERAL.—For the open challenge and research proposal pilot program under section 3005(e), $15,000,000 for each of fiscal years 2021 through 2025.

(B) TREATMENT.—Amounts made available under subparagraph (A) shall be available for obligation and administered as if apportioned under chapter 1 of title 23, United States Code.

(e) Disadvantaged business enterprises.—

(1) FINDINGS.—Congress finds that—

(A) while significant progress has occurred due to the establishment of the disadvantaged business enterprise program, discrimination and related barriers continue to pose significant obstacles for minority- and women-owned businesses seeking to do business in Federally assisted surface transportation markets across the United States;

(B) the continuing barriers described in subparagraph (A) merit the continuation of the disadvantaged business enterprise program;

(C) Congress has received and reviewed testimony and documentation of race and gender discrimination from numerous sources, including congressional hearings and roundtables, scientific reports, reports issued by public and private agencies, news stories, reports of discrimination by organizations and individuals, and discrimination lawsuits, which show that race- and gender-neutral efforts alone are insufficient to address the problem;

(D) the testimony and documentation described in subparagraph (C) demonstrate that discrimination across the United States poses a barrier to full and fair participation in surface transportation-related businesses of women business owners and minority business owners and has impacted firm development and many aspects of surface transportation-related business in the public and private markets; and

(E) the testimony and documentation described in subparagraph (C) provide a strong basis that there is a compelling need for the continuation of the disadvantaged business enterprise program to address race and gender discrimination in surface transportation-related business.

(2) DEFINITIONS.—In this subsection:

(A) SMALL BUSINESS CONCERN.—

(i) IN GENERAL.—The term “small business concern” means a small business concern (as the term is used in section 3 of the Small Business Act (15 U.S.C. 632)).

(ii) EXCLUSIONS.—The term “small business concern” does not include any concern or group of concerns controlled by the same socially and economically disadvantaged individual or individuals that have average annual gross receipts during the preceding 3 fiscal years in excess of $25,790,000, as adjusted annually by the Secretary for inflation.

(B) SOCIALLY AND ECONOMICALLY DISADVANTAGED INDIVIDUALS.—The term “socially and economically disadvantaged individuals” has the meaning given the term in section 8(d) of the Small Business Act (15 U.S.C. 637(d)) and relevant subcontracting regulations issued pursuant to that Act, except that women shall be presumed to be socially and economically disadvantaged individuals for purposes of this subsection.

(3) AMOUNTS FOR SMALL BUSINESS CONCERNS.—Except to the extent that the Secretary determines otherwise, not less than 10 percent of the amounts made available for any program under this Act and section 403 of title 23, United States Code, shall be expended through small business concerns owned and controlled by socially and economically disadvantaged individuals.

(4) ANNUAL LISTING OF DISADVANTAGED BUSINESS ENTERPRISES.—Each State shall annually—

(A) survey and compile a list of the small business concerns referred to in paragraph (3) in the State, including the location of the small business concerns in the State; and

(B) notify the Secretary, in writing, of the percentage of the small business concerns that are controlled by—

(i) women;

(ii) socially and economically disadvantaged individuals (other than women); and

(iii) individuals who are women and are otherwise socially and economically disadvantaged individuals.

(5) UNIFORM CERTIFICATION.—

(A) IN GENERAL.—The Secretary shall establish minimum uniform criteria for use by State governments in certifying whether a concern qualifies as a small business concern for the purpose of this subsection.

(B) INCLUSIONS.—The minimum uniform criteria established under subparagraph (A) shall include, with respect to a potential small business concern—

(i) on-site visits;

(ii) personal interviews with personnel;

(iii) issuance or inspection of licenses;

(iv) analyses of stock ownership;

(v) listings of equipment;

(vi) analyses of bonding capacity;

(vii) listings of work completed;

(viii) examination of the resumes of principal owners;

(ix) analyses of financial capacity; and

(x) analyses of the type of work preferred.

(6) REPORTING.—The Secretary shall establish minimum requirements for use by State governments in reporting to the Secretary—

(A) information concerning disadvantaged business enterprise awards, commitments, and achievements; and

(B) such other information as the Secretary determines to be appropriate for the proper monitoring of the disadvantaged business enterprise program.

(7) COMPLIANCE WITH COURT ORDERS.—Nothing in this subsection limits the eligibility of an individual or entity to receive funds made available under this Act and section 403 of title 23, United States Code, if the entity or person is prevented, in whole or in part, from complying with paragraph (3) because a Federal court issues a final order in which the court finds that a requirement or the implementation of paragraph (3) is unconstitutional.

(8) SENSE OF CONGRESS ON PROMPT PAYMENT OF DBE SUBCONTRACTORS.—It is the sense of Congress that—

(A) the Secretary should take additional steps to ensure that recipients comply with section 26.29 of title 49, Code of Federal Regulations (the disadvantaged business enterprises prompt payment rule), or any corresponding regulation, in awarding Federally funded transportation contracts under laws and regulations administered by the Secretary; and

(B) such additional steps should include increasing the ability of the Department to track and keep records of complaints and to make that information publicly available.

(a) General limitation.—Subject to subsection (e), and notwithstanding any other provision of law, the obligations for Federal-aid highway and highway safety construction programs shall not exceed—

(1) $54,388,462,378 for fiscal year 2021;

(2) $55,483,447,378 for fiscal year 2022;

(3) $56,666,082,378 for fiscal year 2023;

(4) $57,930,317,378 for fiscal year 2024; and

(5) $59,103,552,378 for fiscal year 2025.

(b) Exceptions.—The limitations under subsection (a) shall not apply to obligations under or for—

(1) section 125 of title 23, United States Code;

(2) section 147 of the Surface Transportation Assistance Act of 1978 (23 U.S.C. 144 note; 92 Stat. 2714);

(3) section 9 of the Federal-Aid Highway Act of 1981 (95 Stat. 1701);

(4) subsections (b) and (j) of section 131 of the Surface Transportation Assistance Act of 1982 (96 Stat. 2119);

(5) subsections (b) and (c) of section 149 of the Surface Transportation and Uniform Relocation Assistance Act of 1987 (101 Stat. 198);

(6) sections 1103 through 1108 of the Intermodal Surface Transportation Efficiency Act of 1991 (105 Stat. 2027);

(7) section 157 of title 23, United States Code (as in effect on June 8, 1998);

(8) section 105 of title 23, United States Code (as in effect for fiscal years 1998 through 2004, but only in an amount equal to $639,000,000 for each of those fiscal years);

(9) Federal-aid highway programs for which obligation authority was made available under the Transportation Equity Act for the 21st Century (112 Stat. 107) or subsequent Acts for multiple years or to remain available until expended, but only to the extent that the obligation authority has not lapsed or been used;

(10) section 105 of title 23, United States Code (as in effect for fiscal years 2005 through 2012, but only in an amount equal to $639,000,000 for each of those fiscal years);

(11) section 1603 of SAFETEA–LU (23 U.S.C. 118 note; 119 Stat. 1248), to the extent that funds obligated in accordance with that section were not subject to a limitation on obligations at the time at which the funds were initially made available for obligation;

(12) section 119 of title 23, United States Code (as in effect for fiscal years 2013 through 2015, but only in an amount equal to $639,000,000 for each of those fiscal years);

(13) section 119 of title 23, United States Code (as in effect for fiscal years 2016 through 2020, but only in an amount equal to $639,000,000 for each of those fiscal years); and

(14) section 119 of title 23, United States Code (but, for fiscal years 2021 through 2025, only in an amount equal to $639,000,000 for each of those fiscal years).

(c) Distribution of obligation authority.—For each of fiscal years 2021 through 2025, the Secretary—

(1) shall not distribute obligation authority provided by subsection (a) for the fiscal year for—

(A) amounts authorized for administrative expenses and programs by section 104(a) of title 23, United States Code; and

(B) amounts authorized for the Bureau of Transportation Statistics;

(2) shall not distribute an amount of obligation authority provided by subsection (a) that is equal to the unobligated balance of amounts—

(A) made available from the Highway Trust Fund (other than the Mass Transit Account) for Federal-aid highway and highway safety construction programs for previous fiscal years the funds for which are allocated by the Secretary (or apportioned by the Secretary under section 202 or 204 of title 23, United States Code); and

(B) for which obligation authority was provided in a previous fiscal year;

(3) shall determine the proportion that—

(A) the obligation authority provided by subsection (a) for the fiscal year, less the aggregate of amounts not distributed under paragraphs (1) and (2) of this subsection; bears to

(B) the total of the sums authorized to be appropriated for the Federal-aid highway and highway safety construction programs (other than sums authorized to be appropriated for provisions of law described in paragraphs (1) through (13) of subsection (b) and sums authorized to be appropriated for section 119 of title 23, United States Code, equal to the amount referred to in subsection (b)(14) for the fiscal year), less the aggregate of the amounts not distributed under paragraphs (1) and (2) of this subsection;

(4) shall distribute the obligation authority provided by subsection (a), less the aggregate amounts not distributed under paragraphs (1) and (2), for each of the programs (other than programs to which paragraph (1) applies) that are allocated by the Secretary under this Act and title 23, United States Code, or apportioned by the Secretary under sections 202 or 204 of that title, by multiplying—

(A) the proportion determined under paragraph (3); by

(B) the amounts authorized to be appropriated for each such program for the fiscal year; and

(5) shall distribute the obligation authority provided by subsection (a), less the aggregate amounts not distributed under paragraphs (1) and (2) and the amounts distributed under paragraph (4), for Federal-aid highway and highway safety construction programs that are apportioned by the Secretary under title 23, United States Code (other than the amounts apportioned for the national highway performance program in section 119 of title 23, United States Code, that are exempt from the limitation under subsection (b)(14) and the amounts apportioned under sections 202 and 204 of that title) in the proportion that—

(A) amounts authorized to be appropriated for the programs that are apportioned under title 23, United States Code, to each State for the fiscal year; bears to

(B) the total of the amounts authorized to be appropriated for the programs that are apportioned under title 23, United States Code, to all States for the fiscal year.

(d) Redistribution of unused obligation authority.—Notwithstanding subsection (c), the Secretary shall, after August 1 of each of fiscal years 2021 through 2025—

(1) revise a distribution of the obligation authority made available under subsection (c) if an amount distributed cannot be obligated during that fiscal year; and

(2) redistribute sufficient amounts to those States able to obligate amounts in addition to those previously distributed during that fiscal year, giving priority to those States having large unobligated balances of funds apportioned under sections 144 (as in effect on the day before the date of enactment of MAP–21 (Public Law 112–141; 126 Stat. 405)) and 104 of title 23, United States Code.

(e) Applicability of obligation limitations to transportation research programs.—

(1) IN GENERAL.—Except as provided in paragraph (2), obligation limitations imposed by subsection (a) shall apply to contract authority for transportation research programs carried out under chapter 5 of title 23, United States Code.

(2) EXCEPTION.—Obligation authority made available under paragraph (1) shall—

(A) remain available for a period of 4 fiscal years; and

(B) be in addition to the amount of any limitation imposed on obligations for Federal-aid highway and highway safety construction programs for future fiscal years.

(f) Redistribution of certain authorized funds.—

(1) IN GENERAL.—Not later than 30 days after the date of distribution of obligation authority under subsection (c) for each of fiscal years 2021 through 2025, the Secretary shall distribute to the States any funds (excluding funds authorized for the program under section 202 of title 23, United States Code) that—

(A) are authorized to be appropriated for the fiscal year for Federal-aid highway programs; and

(B) the Secretary determines will not be allocated to the States (or will not be apportioned to the States under section 204 of title 23, United States Code), and will not be available for obligation, for the fiscal year because of the imposition of any obligation limitation for the fiscal year.

(2) RATIO.—Funds shall be distributed under paragraph (1) in the same proportion as the distribution of obligation authority under subsection (c)(5).

(3) AVAILABILITY.—Funds distributed to each State under paragraph (1) shall be available for any purpose described in section 133(b) of title 23, United States Code.

Section 101(a) of title 23, United States Code, is amended—

(1) in paragraph (4)—

(A) in subparagraph (A), by inserting “assessing resilience,” after “surveying,”;

(B) in subparagraph (G), by striking “and” at the end;

(C) by redesignating subparagraph (H) as subparagraph (I); and

(D) by inserting after subparagraph (G) the following:

“(H) improvements that reduce the number of wildlife-vehicle collisions, such as wildlife crossing structures; and”;

(2) by redesignating paragraphs (17) through (34) as paragraphs (18), (19), (20), (21), (22), (23), (25), (26), (27), (28), (29), (30), (31), (32), (33), (34), (35), and (36), respectively;

(3) by inserting after paragraph (16) the following:

“(17) NATURAL INFRASTRUCTURE.—The term ‘natural infrastructure’ means infrastructure that uses, restores, or emulates natural ecological processes and—

“(A) is created through the action of natural physical, geological, biological, and chemical processes over time;

“(B) is created by human design, engineering, and construction to emulate or act in concert with natural processes; or

“(C) involves the use of plants, soils, and other natural features, including through the creation, restoration, or preservation of vegetated areas using materials appropriate to the region to manage stormwater and runoff, to attenuate flooding and storm surges, and for other related purposes.”;

(4) by inserting after paragraph (23) (as so redesignated) the following:

“(24) RESILIENCE.—The term ‘resilience’, with respect to a project, means a project with the ability to anticipate, prepare for, or adapt to conditions or withstand, respond to, or recover rapidly from disruptions, including the ability—

“(A) (i) to resist hazards or withstand impacts from weather events and natural disasters; or

“(ii) to reduce the magnitude, duration, or impact of a disruptive weather event or natural disaster to a project; and

“(B) to have the absorptive capacity, adaptive capacity, and recoverability to decrease project vulnerability to weather events or other natural disasters.”; and

(5) in subparagraph (A) of paragraph (32) (as so redesignated)—

(A) by striking the period at the end and inserting “; and”;

(B) by striking “through the implementation” and inserting the following: “through—

“(i) the implementation”; and

(C) by adding at the end the following:

“(ii) the consideration of incorporating natural infrastructure.”.

(a) Administrative expenses.—Section 104(a) of title 23, United States Code, is amended by striking paragraph (1) and inserting the following:

“(1) IN GENERAL.—There are authorized to be appropriated from the Highway Trust Fund (other than the Mass Transit Account) to be made available to the Secretary for administrative expenses of the Federal Highway Administration—

“(A) $490,282,000 for fiscal year 2021;

“(B) $499,768,000 for fiscal year 2022;

“(C) $509,708,000 for fiscal year 2023;

“(D) $520,084,000 for fiscal year 2024; and

“(E) $530,459,000 for fiscal year 2025.”.

(b) National highway freight program.—Section 104(b)(5) of title 23, United States Code, is amended by striking subparagraph (B) and inserting the following:

“(B) TOTAL AMOUNT.—The total amount set aside for the national highway freight program for all States shall be—

“(i) $1,625,000,000 for fiscal year 2021;

“(ii) $1,660,000,000 for fiscal year 2022;

“(iii) $1,700,000,000 for fiscal year 2023;

“(iv) $1,740,000,000 for fiscal year 2024; and

“(v) $1,775,000,000 for fiscal year 2025.”.

(c) Calculation of amounts.—Section 104(c) of title 23, United States Code, is amended—

(1) in paragraph (1)—

(A) in the matter preceding subparagraph (A), by striking “each of fiscal years 2016 through 2020” and inserting “fiscal year 2021 and each fiscal year thereafter”;

(B) in subparagraph (A)(ii)(I), by striking “fiscal year 2015” and inserting “fiscal year 2020”; and

(C) by striking subparagraph (B) and inserting the following:

“(B) GUARANTEED AMOUNTS.—The initial amounts resulting from the calculation under subparagraph (A) shall be adjusted to ensure that each State receives an aggregate apportionment that is—

“(i) equal to at least 95 percent of the estimated tax payments paid into the Highway Trust Fund (other than the Mass Transit Account) in the most recent fiscal year for which data are available that are—

“(I) attributable to highway users in the State; and

“(II) associated with taxes in effect on July 1, 2019, and only up to the rate those taxes were in effect on that date;

“(ii) at least 2 percent greater than the apportionment that the State received for fiscal year 2020; and

“(iii) at least 1 percent greater than the apportionment that the State received for the previous fiscal year.”; and

(2) in paragraph (2), by striking “fiscal years 2016 through 2020” and inserting “fiscal year 2021 and each fiscal year thereafter”.

(d) Supplemental funds.—Section 104(h) of title 23, United States Code, is amended—

(1) in paragraph (1), by striking subparagraph (A) and inserting the following:

“(A) AMOUNT.—Before making an apportionment for a fiscal year under subsection (c), the Secretary shall reserve for the national highway performance program under section 119 for that fiscal year an amount equal to—

“(i) $1,160,000,000 for fiscal year 2021;

“(ii) $1,184,000,000 for fiscal year 2022;

“(iii) $1,208,000,000 for fiscal year 2023;

“(iv) $1,233,000,000 for fiscal year 2024; and

“(v) $1,259,000,000 for fiscal year 2025.”; and

(2) in paragraph (2), by striking subparagraph (A) and inserting the following:

“(A) AMOUNT.—Before making an apportionment for a fiscal year under subsection (c), the Secretary shall reserve for the surface transportation block grant program under section 133 for that fiscal year, pursuant to section 133(h)—

“(i) $1,200,000,000 for fiscal year 2021;

“(ii) $1,224,000,000 for fiscal year 2022;

“(iii) $1,248,000,000 for fiscal year 2023;

“(iv) $1,273,000,000 for fiscal year 2024; and

“(v) $1,299,000,000 for fiscal year 2025.”.

Section 119 of title 23, United States Code, is amended—

(1) in subsection (b)—

(A) in paragraph (2), by striking “and” at the end;

(B) in paragraph (3), by striking the period at the end and inserting “; and”; and

(C) by adding at the end the following:

“(4) to provide support for measures to increase the resiliency of Federal-aid highways and bridges on and off the National Highway System to mitigate the impacts of sea level rise, extreme weather events, flooding, or other natural disasters.”; and

(2) by adding at the end the following:

“(k) Protective features.—

“(1) IN GENERAL.—A State may use not more than 15 percent of the funds apportioned to the State under section 104(b)(1) for each fiscal year for 1 or more protective features on a Federal-aid highway or bridge off the National Highway System, if the protective feature is designed to mitigate the risk of recurring damage, or the cost of future repairs, from extreme weather events, flooding, or other natural disasters.

“(2) PROTECTIVE FEATURES DESCRIBED.—A protective feature referred to in paragraph (1) may include—

“(A) raising roadway grades;

“(B) relocating roadways in a base floodplain to higher ground above projected flood elevation levels or away from slide prone areas;

“(C) stabilizing slide areas;

“(D) stabilizing slopes;

“(E) installing riprap;

“(F) lengthening or raising bridges to increase waterway openings;

“(G) deepening channels to prevent flooding;

“(H) increasing the size or number of drainage structures;

“(I) replacing culverts with bridges or upsizing culverts;

“(J) repairing or maintaining tide gates;

“(K) installing seismic retrofits on bridges;

“(L) adding scour protection at bridges;

“(M) adding scour, stream stability, coastal, or other hydraulic countermeasures, including spur dikes;

“(N) the use of natural infrastructure to mitigate the risk of recurring damage or the cost of future repair from extreme weather events, flooding, or other natural disasters; and

“(O) any other features that mitigate the risk of recurring damage or the cost of future repair as a result of extreme weather events, flooding, or other natural disasters, as determined by the Secretary.

“(3) SAVINGS PROVISION.—Nothing in this subsection limits the ability of a State to carry out a project otherwise eligible under subsection (d) using funds apportioned under section 104(b)(1).”.

Section 125 of title 23, United States Code, is amended—

(1) in subsection (a)(1), by inserting “wildfire, sea level rise,” after “severe storm”;

(2) by striking subsection (b) and inserting the following:

“(b) Restriction on eligibility.—Funds under this section shall not be used for the repair or reconstruction of a bridge that has been permanently closed to all vehicular traffic by the Federal, State, Tribal, or responsible local official because of imminent danger of collapse due to a structural deficiency or physical deterioration.”; and

(3) in subsection (d)—

(A) in paragraph (2)(A)—

(i) by striking the period at the end and inserting “; and”

(ii) by striking “a facility that meets the current” and inserting the following: “a facility that—

“(i) meets the current”; and

(iii) by adding at the end the following:

“(ii) incorporates economically justifiable improvements designed to mitigate the risk of recurring damage from extreme weather events, flooding, or other natural disasters.”;

(B) by redesignating paragraphs (3) through (5) as paragraphs (4) through (6), respectively; and

(C) by inserting after paragraph (2) the following:

“(3) PROTECTIVE FEATURES.—

“(A) IN GENERAL.—The cost of an improvement that is part of a project under this section shall be an eligible expense under this section if the improvement is a protective feature that is designed to mitigate the risk of recurring damage, or the cost of future repair, from extreme weather events, flooding, or other natural disasters.

“(B) PROTECTIVE FEATURES DESCRIBED.—A protective feature referred to in subparagraph (A) may include—

“(i) raising roadway grades;

“(ii) relocating roadways in a base floodplain to higher ground above projected flood elevation levels or away from slide prone areas;

“(iii) stabilizing slide areas;

“(iv) stabilizing slopes;

“(v) installing riprap;

“(vi) lengthening or raising bridges to increase waterway openings;

“(vii) deepening channels to prevent flooding;

“(viii) increasing the size or number of drainage structures;

“(ix) replacing culverts with bridges or upsizing culverts;

“(x) repairing or maintaining tide gates;

“(xi) installing seismic retrofits on bridges;

“(xii) adding scour protection at bridges;

“(xiii) adding scour, stream stability, coastal, and other hydraulic countermeasures, including spur dikes;

“(xiv) the use of natural infrastructure to mitigate the risk of recurring damage or the cost of future repair from extreme weather events, flooding, or other natural disasters; and

“(xv) any other features that mitigate the risk of recurring damage or the cost of future repair as a result of extreme weather events, flooding, or other natural disasters, as determined by the Secretary.”.

Section 120(c) of title 23, United States Code, is amended by adding at the end the following:

“(4) PROTECTIVE FEATURES.—

“(A) IN GENERAL.—Notwithstanding any other provision of law, the Federal share payable for the cost of a protective feature on a Federal-aid highway or bridge project under this title may be up to 100 percent, at the discretion of the State, if the protective feature is an improvement designed to mitigate the risk of recurring damage, or the cost of future repair, from extreme weather events, flooding, or other natural disasters.

“(B) PROTECTIVE FEATURES DESCRIBED.—A protective feature referred to in subparagraph (A) may include—

“(i) raising roadway grades;

“(ii) relocating roadways in a base floodplain to higher ground above projected flood elevation levels or away from slide prone areas;

“(iii) stabilizing slide areas;

“(iv) stabilizing slopes;

“(v) installing riprap;

“(vi) lengthening or raising bridges to increase waterway openings;

“(vii) deepening channels to prevent flooding;

“(viii) increasing the size or number of drainage structures;

“(ix) replacing culverts with bridges or upsizing culverts;

“(x) repairing or maintaining tide gates;

“(xi) installing seismic retrofits on bridges;

“(xii) adding scour protection at bridges;

“(xiii) adding scour, stream stability, coastal, and other hydraulic countermeasures, including spur dikes;

“(xiv) the use of natural infrastructure to mitigate the risk of recurring damage or the cost of future repair from extreme weather events, flooding, or other natural disasters; and

“(xv) any other features that mitigate the risk of recurring damage or the cost of future repair as a result of extreme weather events, flooding, or other natural disasters, as determined by the Secretary.”.

(a) In general.—Section 130(e) of title 23, United States Code, is amended—

(1) in the heading, by striking “protective devices” and inserting “railway-Highway grade crossings”; and

(2) in paragraph (1)—

(A) in subparagraph (A), by striking “crossings” in the matter preceding clause (i) and all that follows through “2020.” in clause (v) and inserting the following: “crossings and as described in subparagraph (B), not less than $245,000,000 for each of fiscal years 2021 through 2025.”; and

(B) by striking subparagraph (B) and inserting the following:

“(B) REDUCING TRESPASSING FATALITIES AND INJURIES.—A State may use funds set aside under subparagraph (A) for projects to reduce pedestrian fatalities and injuries from trespassing at grade crossings.”.

(b) Federal share.—Section 130(f)(3) of title 23, United States Code, is amended by striking “90 percent” and inserting “100 percent”.

(c) GAO study.—Not later than 3 years after the date of enactment of this Act, the Comptroller General of the United States shall submit to Congress a report that includes an analysis of the effectiveness of the railway-highway crossings program under section 130 of title 23, United States Code.

(d) Sense of Congress relating to trespasser deaths along railroad rights-of-way.—It is the sense of Congress that the Department should, where feasible, coordinate departmental efforts to prevent or reduce trespasser deaths along railroad rights-of-way and at or near railway-highway crossings.

(a) In general.—Section 133 of title 23, United States Code, is amended—

(1) in subsection (b)—

(A) in paragraph (1)—

(i) in subparagraph (B)—

(I) by adding “or” at the end;

(II) by striking “facilities eligible” and inserting the following: “facilities—

“(i) that are eligible”; and

(III) by adding at the end the following:

“(ii) that are privately or majority-privately owned, but that the Secretary determines provide a substantial public transportation benefit or otherwise meet the foremost needs of the surface transportation system described in section 101(b)(3)(D);”;

(ii) in subparagraph (E), by striking “and” at the end;

(iii) in subparagraph (F), by striking the period at the end and inserting “; and”; and

(iv) by adding at the end the following:

“(G) wildlife crossing structures.”;

(B) in paragraph (3), by inserting “148(a)(4)(B)(xvii),” after “119(g),”;

(C) by redesignating paragraphs (4) through (15) as paragraphs (5), (6), (7), (8), (9), (10), (11), (12), (13), (15), (16), and (17), respectively;

(D) by inserting after paragraph (3) the following:

“(4) Projects that use natural infrastructure alone or in combination with other eligible projects to enhance resilience of a transportation facility otherwise eligible for assistance under this section.”;

(E) by inserting after paragraph (13) (as so redesignated) the following:

“(14) Projects and strategies designed to reduce the number of wildlife-vehicle collisions, including project-related planning, design, construction, monitoring, and preventative maintenance.”; and

(F) by adding at the end the following:

“(18) Rural barge landing, dock, and waterfront infrastructure projects in accordance with subsection (j).”;

(2) in subsection (c)—

(A) in paragraph (2), by striking “paragraphs (4) through (11)” and inserting “paragraphs (5) through (12) and paragraph (18)”;

(B) in paragraph (3), by striking “and” at the end;

(C) by redesignating paragraph (4) as paragraph (5); and

(D) by inserting after paragraph (3) the following:

“(4) for a bridge project for the replacement of a low water crossing (as defined by the Secretary) with a bridge; and”;

(3) in subsection (d)—

(A) in paragraph (1)(A), in the matter preceding clause (i), by striking “the percentage specified in paragraph (6) for a fiscal year” and inserting “55 percent for each of fiscal years 2021 through 2025”; and

(B) by striking paragraph (6);

(4) in subsection (e)(1), in the matter preceding subparagraph (A), by striking “fiscal years 2016 through 2020” and inserting “fiscal years 2021 through 2025”;

(5) in subsection (f)—

(A) in paragraph (1)—

(i) by inserting “or low water crossing (as defined by the Secretary)” after “a highway bridge”; and

(ii) by inserting “or low water crossing (as defined by the Secretary)” after “other than a bridge”;

(B) in paragraph (2)(A), by striking “activities described in subsection (b)(2) for off-system bridges” and inserting “activities described in paragraphs (1)(A) and (10) of subsection (b) for off-system bridges, projects and activities described in subsection (b)(1)(A) for the replacement of low water crossings with bridges, and projects and activities described in subsection (b)(10) for low water crossings (as defined by the Secretary),”; and

(C) in paragraph (3), in the matter preceding subparagraph (A)—

(i) by striking “bridge or rehabilitation of a bridge” and inserting “bridge, rehabilitation of a bridge, or replacement of a low water crossing (as defined by the Secretary) with a bridge”; and

(ii) by inserting “or, in the case of a replacement of a low water crossing with a bridge, is determined by the Secretary on completion to have improved the safety of the location” after “no longer a deficient bridge”;

(6) in subsection (g)(1), by striking “fiscal years 2016 through 2020” and inserting “fiscal years 2021 through 2025”;

(7) by adding at the end the following:

“(j) Rural barge landing, dock, and waterfront infrastructure projects.—

“(1) IN GENERAL.—A State may use not more than 5 percent of the funds apportioned to the State under section 104(b)(2) for eligible rural barge landing, dock, and waterfront infrastructure projects described in paragraph (2).

“(2) ELIGIBLE PROJECTS.—An eligible rural barge landing, dock, or waterfront infrastructure project referred to in paragraph (1) is a project for the planning, designing, engineering, or construction of a barge landing, dock, or other waterfront infrastructure in a rural community or a Native village (as defined in section 3 of the Alaska Native Claims Settlement Act (43 U.S.C. 1602))—

“(A) that is off the road system; and

“(B) for which the Secretary determines there is a lack of adequate infrastructure.”.

(b) Set-aside.—Section 133(h) of title 23, United States Code, is amended—

(1) in paragraph (1)(A), by striking clauses (i) and (ii) and inserting the following:

“(i) $1,200,000,000 for fiscal year 2021;

“(ii) $1,224,000,000 for fiscal year 2022;

“(iii) $1,248,000,000 for fiscal year 2023;

“(iv) $1,273,000,000 for fiscal year 2024; and

“(v) $1,299,000,000 for fiscal year 2025; and”;

(2) by striking paragraph (2) and inserting the following:

“(2) ALLOCATION WITHIN A STATE.—

“(A) IN GENERAL.—Except as provided in subparagraph (B), funds reserved for a State under paragraph (1) shall be obligated within that State in the manner described in subsection (d), except that, for purposes of this paragraph (after funds are made available under paragraph (5))—

“(i) for each fiscal year, the percentage specified in subsection (d)(1)(A) shall be deemed to be 57.5 percent; and

“(ii) paragraph (3) of that subsection shall not apply.

“(B) LOCAL CONTROL.—

“(i) IN GENERAL.—On approval of a plan submitted to the Secretary that describes the manner in which the plan will maximize local control and the means by which the State plans to comply with paragraph (8), the State may allocate up to 100 percent of the funds referred to in subparagraph (A)(i) to counties and other local transportation entities.

“(ii) REQUIREMENT.—A State that allocates funding under clause (i) to counties and other local transportation entities shall make available an equivalent amount of obligation limitation to those counties and other local transportation entities.”;

(3) in paragraph (4)(B)—

(A) in clause (vii), by striking “responsible” and all that follows through “programs”;

(B) in clause (viii), by inserting “that serves an urbanized population of over 200,000” after “metropolitan planning organization”;

(C) by redesignating clauses (vii) and (viii) as clauses (viii) and (ix), respectively; and

(D) by inserting after clause (vi) the following:

“(vii) a metropolitan planning organization that serves an urbanized population of 200,000 or fewer;”;

(4) in paragraph (6), by adding at the end the following:

“(C) IMPROVING ACCESSIBILITY AND EFFICIENCY.—

“(i) IN GENERAL.—A State may elect to use an amount equal to not more than 7 percent of the funds reserved for the State under this subsection, after allocating funds in accordance with paragraph (2)(A), to improve the ability of applicants to access funding for projects under this subsection in an efficient and expeditious manner by—

“(I) providing to applicants for projects under this subsection application assistance, technical assistance, and assistance in reducing the period of time between the selection of the project and the obligation of funds for the project; and

“(II) providing funding for 1 or more full-time State employee positions to administer this subsection.

“(ii) USE OF FUNDS.—Amounts used under clause (i) may be expended—

“(I) directly by the State; or

“(II) through contracts with State agencies, private entities, or nonprofit entities.”;

(5) by redesignating paragraph (7) as paragraph (8); and

(6) by inserting after paragraph (6) the following:

“(7) FEDERAL SHARE.—

“(A) REQUIRED AGGREGATE NON-FEDERAL SHARE.—

“(i) IN GENERAL.—The average annual non-Federal share of the total cost of all projects carried out under this subsection in a State for a fiscal year shall be not less than the non-Federal share authorized for the State under section 120(b).

“(ii) SINGLE PROJECTS.—Subject to clause (i), the Federal share of the total cost of a single project carried out under this subsection may be up to 100 percent.

“(B) FLEXIBLE FINANCING.—Subject to subparagraph (A), notwithstanding section 120—

“(i) funds made available to carry out section 148 may be credited toward the non-Federal share of the costs of a project type under this subsection that the Secretary determines to have an expected safety benefit; and

“(ii) the non-Federal share for a project under this subsection may be calculated on a project, multiple-project, or program basis.”.

(a) In general.—Section 117 of title 23, United States Code, is amended—

(1) in subsection (a)(2)—

(A) in subparagraph (A), by inserting “in and across rural and urban areas” after “people”; and

(B) in subparagraph (F), by inserting “, including highways that support movement of energy equipment” after “security”;

(2) in subsection (b), by adding at the end the following:

“(3) GRANT ADMINISTRATION.—The Secretary may—

“(A) retain not more than a total of 2 percent of the funds made available to carry out this section for the National Surface Transportation and Innovative Finance Bureau to review applications for grants under this section; and

“(B) transfer portions of the funds retained under subparagraph (A) to the relevant Administrators to fund the award and oversight of grants provided under this section.”;

(3) in subsection (d)—

(A) in paragraph (1)(A)—

(i) in clause (iii)(II), by striking “or” at the end;

(ii) in clause (iv), by striking “and” at the end and inserting “or”; and

(iii) by adding at the end the following:

“(v) a wildlife crossing project; and”;

(B) in paragraph (2)(A), in the matter preceding clause (i)—

(i) by striking “$500,000,000” and inserting “30 percent”; and

(ii) by striking “fiscal years 2016 through 2020, in the aggregate,” and inserting “each of fiscal years 2021 through 2025”; and

(C) by adding at the end the following:

“(3) CRITICAL RURAL STATE INTERSTATE PROJECTS.—

“(A) REQUIREMENT.—Not less than $500,000,000 of the amounts made available for grants under this section for fiscal years 2021 through 2025, in the aggregate, shall be used to make grants for Interstate interchange projects between 2 routes on the Interstate System that—

“(i) are located in a State—

“(I) with a population density of not more than 80 persons per square mile of land area, based on the 2010 census; and

“(II) that has 3 or fewer Interstate interchanges between 2 routes on the Interstate System; and

“(ii) are projects that—

“(I) address a freight system need identified in a State freight plan under section 70202 of title 49 (referred to in this paragraph as a ‘State freight plan’);

“(II) address a freight mobility issue identified in a State freight plan; or

“(III) are identified in a State freight plan.

“(B) INCLUSION IN STATE FREIGHT PLAN.—A project described in subparagraph (A)(ii)(III) may include a project listed in the freight investment plan required under section 70202(b)(9) of title 49.

“(C) UNUTILIZED AMOUNTS.—If, in fiscal year 2025, the Secretary determines that grants under this paragraph will not allow for the amount reserved under subparagraph (A) to be fully utilized, the Secretary shall use the unutilized amounts to make other grants under this section during that fiscal year.

“(4) CRITICAL URBAN STATE PROJECTS.—

“(A) REQUIREMENT.—Not less than $500,000,000 of the amounts made available for grants under this section for fiscal years 2021 through 2025, in the aggregate, shall be used to make grants to eligible projects that are located in a State with a population density of not less than 400 persons per square mile of land area, based on the 2010 census.

“(B) INCLUSION IN STATE FREIGHT PLAN.—A project described in subparagraph (A) may include a project listed in the freight investment plan required under section 70202(b)(9) of title 49.

“(C) UNUTILIZED AMOUNTS.—If, in fiscal year 2025, the Secretary determines that grants under this paragraph will not allow for the amount reserved under subparagraph (A) to be fully utilized, the Secretary shall use the unutilized amounts to make other grants under this section during that fiscal year.”;

(4) in subsection (e)—

(A) in paragraph (1), by striking “10 percent” and inserting “not less than 15 percent”;

(B) in paragraph (3)—

(i) in subparagraph (A), by striking “and” at the end;

(ii) in subparagraph (B), by striking the period at the end and inserting “; and”; and

(iii) by adding at the end the following:

“(C) the effect of the proposed project on safety on freight corridors with significant hazards, such as high winds, heavy snowfall, flooding, rockslides, mudslides, wildfire, wildlife crossing onto the roadway, or steep grades.”; and

(C) by adding at the end the following:

“(4) REQUIREMENT.—Of the amounts reserved under paragraph (1), not less than 30 percent shall be used for projects in rural areas (as defined in subsection (i)(3)).”;

(5) in subsection (h)—

(A) in paragraph (2), by striking “and” at the end;

(B) in paragraph (3), by striking the period at the end and inserting “; and”; and

(C) by adding at the end the following:

“(4) enhancement of freight resilience to natural hazards or disasters, including high winds, heavy snowfall, flooding, rockslides, mudslides, wildfire, wildlife crossing onto the roadway, or steep grades.”;

(6) in subsection (i)(2), by striking “other grants under this section” and inserting “grants under subsection (e)”;

(7) in subsection (j)—

(A) by striking the subsection designation and heading and all that follows through “The Federal share” in paragraph (1) and inserting the following:

“(j) Federal assistance.—

“(1) FEDERAL SHARE.—

“(A) IN GENERAL.—Except as provided in subparagraph (B) or for a grant under subsection (q), the Federal share”;

(B) in paragraph (1), by adding at the end the following:

“(B) SMALL PROJECTS.—In the case of a project described in subsection (e)(1), the Federal share of the cost of the project shall be 80 percent.”; and

(C) in paragraph (2)—

(i) by striking “Federal assistance other” and inserting “Except for grants under subsection (q), Federal assistance other”; and

(ii) by striking “except that the total Federal” and inserting the following: “except that—

“(A) for a State with a population density of not more than 80 persons per square mile of land area, based on the 2010 census, the maximum share of the total Federal assistance provided for a project receiving a grant under this section shall be the applicable share under section 120(b); and

“(B) for a State not described in subparagraph (A), the total Federal”;

(8) by redesignating subsections (k) through (n) as subsections (l), (m), (n), and (p), respectively;

(9) by inserting after subsection (j) the following:

“(k) Efficient use of non-federal funds.—

“(1) IN GENERAL.—Notwithstanding any other provision of law and subject to approval by the Secretary under paragraph (2)(B), in the case of any grant for a project under this section, during the period beginning on the date on which the grant recipient is selected and ending on the date on which the grant agreement is signed—

“(A) the grant recipient may obligate and expend non-Federal funds with respect to the project for which the grant is provided; and

“(B) any non-Federal funds obligated or expended in accordance with subparagraph (A) shall be credited toward the non-Federal cost share for the project for which the grant is provided.

“(2) REQUIREMENTS.—

“(A) APPLICATION.—In order to obligate and expend non-Federal funds under paragraph (1), the grant recipient shall submit to the Secretary a request to obligate and expend non-Federal funds under that paragraph, including—

“(i) a description of the activities the grant recipient intends to fund;

“(ii) a justification for advancing the activities described in clause (i), including an assessment of the effects to the project scope, schedule, and budget if the request is not approved; and

“(iii) the level of risk of the activities described in clause (i).

“(B) APPROVAL.—The Secretary shall approve or disapprove each request submitted under subparagraph (A).

“(C) COMPLIANCE WITH APPLICABLE REQUIREMENTS.—Any non-Federal funds obligated or expended under paragraph (1) shall comply with all applicable requirements, including any requirements included in the grant agreement.

“(3) EFFECT.—The obligation or expenditure of any non-Federal funds in accordance with this subsection shall not—

“(A) affect the signing of a grant agreement or other applicable grant procedures with respect to the applicable grant;

“(B) create an obligation on the part of the Federal Government to repay any non-Federal funds if the grant agreement is not signed; or

“(C) affect the ability of recipient of the grant to obligate or expend non-Federal funds to meet the non-Federal cost share for the project for which the grant is provided after the period described in paragraph (1).”;

(10) by inserting after subsection (n) (as so redesignated) the following:

“(o) Applicant notification.—

“(1) IN GENERAL.—Not later than 60 days after the date on which a grant recipient for a project under this section is selected, the Secretary shall provide to each eligible applicant not selected for that grant a written notification that the eligible applicant was not selected.

“(2) INCLUSION.—A written notification under paragraph (1) shall include an offer for a written or telephonic debrief by the Secretary that will provide—

“(A) detail on the evaluation of the application of the eligible applicant; and

“(B) an explanation of and guidance on the reasons the application was not selected for a grant under this section.

“(3) RESPONSE.—

“(A) IN GENERAL.—Not later than 30 days after the eligible applicant receives a written notification under paragraph (1), if the eligible applicant opts to receive a debrief described in paragraph (2), the eligible applicant shall notify the Secretary that the eligible applicant is requesting a debrief.

“(B) DEBRIEF.—If the eligible applicant submits a request for a debrief under subparagraph (A), the Secretary shall provide the debrief by not later than 60 days after the date on which the Secretary receives the request for a debrief.”; and

(11) by striking subsection (p) (as so redesignated) and inserting the following:

“(p) Reports.—

“(1) ANNUAL REPORT.—

“(A) IN GENERAL.—Notwithstanding any other provision of law, not later than 30 days after the date on which the Secretary selects a project for funding under this section, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that describes the reasons for selecting the project, based on any criteria established by the Secretary in accordance with this section.

“(B) INCLUSIONS.—The report submitted under subparagraph (A) shall specify each criterion established by the Secretary that the project meets.

“(C) AVAILABILITY.—The Secretary shall make available on the website of the Department of Transportation the report submitted under subparagraph (A).

“(D) APPLICABILITY.—This paragraph applies to all projects described in subparagraph (A) that the Secretary selects on or after January 1, 2019.

“(2) COMPTROLLER GENERAL.—

“(A) ASSESSMENT.—The Comptroller General of the United States shall conduct an assessment of the establishment, solicitation, selection, and justification process with respect to the funding of projects under this section.

“(B) REPORT.—Not later than 1 year after the date of enactment of the America's Transportation Infrastructure Act of 2019 and annually thereafter, the Comptroller General of the United States shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that describes, for each project selected to receive funding under this section—

“(i) the process by which each project was selected;

“(ii) the factors that went into the selection of each project; and

“(iii) the justification for the selection of each project based on any criteria established by the Secretary in accordance with this section.

“(3) INSPECTOR GENERAL.—Not later than 1 year after the date of enactment of the America's Transportation Infrastructure Act of 2019 and annually thereafter, the Inspector General of the Department of Transportation shall—

“(A) conduct an assessment of the establishment, solicitation, selection, and justification process with respect to the funding of projects under this section; and

“(B) submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a final report that describes the findings of the Inspector General of the Department of Transportation with respect to the assessment conducted under subparagraph (A).

“(q) State incentives pilot program.—

“(1) ESTABLISHMENT.—There is established a pilot program to award grants to eligible applicants for projects eligible for grants under this section (referred to in this subsection as the ‘pilot program’).

“(2) PRIORITY.—In awarding grants under the pilot program, the Secretary shall give priority to an application that offers a greater non-Federal share of the cost of a project relative to other applications under the pilot program.

“(3) FEDERAL SHARE.—

“(A) IN GENERAL.—Notwithstanding any other provision of law, the Federal share of the cost of a project assisted with a grant under the pilot program may not exceed 50 percent.

“(B) NO FEDERAL INVOLVEMENT.—

“(i) IN GENERAL.—For grants awarded under the pilot program, except as provided in clause (ii), an eligible applicant may not use Federal assistance to satisfy the non-Federal share of the cost under subparagraph (A).

“(ii) EXCEPTION.—An eligible applicant may use funds from a secured loan (as defined in section 601(a)) to satisfy the non-Federal share of the cost under subparagraph (A) if the loan is repayable from non-Federal funds.

“(4) RESERVATION.—

“(A) IN GENERAL.—Of the amounts made available to provide grants under this section, the Secretary shall reserve for each fiscal year $150,000,000 to provide grants under the pilot program.

“(B) UNUTILIZED AMOUNTS.—In any fiscal year during which applications under this subsection are insufficient to effect an award or allocation of the entire amount reserved under subparagraph (A), the Secretary shall use the unutilized amounts to provide other grants under this section.

“(5) SET-ASIDES.—

“(A) SMALL PROJECTS.—

“(i) IN GENERAL.—Of the amounts reserved under paragraph (4)(A), the Secretary shall reserve for each fiscal year not less than 10 percent for projects eligible for a grant under subsection (e).

“(ii) REQUIREMENT.—For a grant awarded from the amount reserved under clause (i)—

“(I) the requirements of subsection (e) shall apply; and

“(II) the requirements of subsection (g) shall not apply.

“(B) RURAL PROJECTS.—

“(i) IN GENERAL.—Of the amounts reserved under paragraph (4)(A), the Secretary shall reserve for each fiscal year not less than 25 percent for projects eligible for a grant under subsection (i).

“(ii) REQUIREMENT.—For a grant awarded from the amount reserved under clause (i), the requirements of subsection (i) shall apply.

“(6) REPORT TO CONGRESS.—Not later than 2 years after the date of enactment of this subsection, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that describes the administration of the pilot program, including—

“(A) the number, types, and locations of eligible applicants that have applied for grants under the pilot program;

“(B) the number, types, and locations of grant recipients under the pilot program;

“(C) an assessment of whether implementation of the pilot program has incentivized eligible applicants to offer a greater non-Federal share for grants under the pilot program; and

“(D) any recommendations for modifications to the pilot program.”.

(b) Efficient use of non-Federal funds.—

(1) IN GENERAL.—Notwithstanding any other provision of law, in the case of a grant described in paragraph (2), section 117(k) of title 23, United States Code, shall apply to the grant as if the grant was a grant provided under that section.

(2) GRANT DESCRIBED.—A grant referred to in paragraph (1) is a grant that is—

(A) provided under a competitive discretionary grant program administered by the Federal Highway Administration;

(B) for a project eligible under title 23, United States Code; and

(C) in an amount greater than $5,000,000.

Section 148 of title 23, United States Code, is amended—

(1) in subsection (a)—

(A) in paragraph (4)(B)—

(i) in clause (xxviii), by striking “through (xxvii)” and inserting “through (xxviii)”;

(ii) by redesignating clause (xxviii) as clause (xxix); and

(iii) by inserting after clause (xxvii) the following:

“(xxviii) Leading pedestrian intervals.”;

(B) by redesignating paragraphs (10) through (12) as paragraphs (11) through (13), respectively; and

(C) by inserting after paragraph (9) the following:

“(10) SAFETY PROJECT UNDER ANY OTHER SECTION.—

“(A) IN GENERAL.—The term ‘safety project under any other section’ means a project carried out for the purpose of safety under any other section of this title.

“(B) INCLUSION.—The term ‘safety project under any other section’ includes a project, consistent with the State strategic highway safety plan, that—

“(i) promotes public awareness and informs the public regarding highway safety matters (including motorcycle safety);

“(ii) facilitates enforcement of traffic safety laws;

“(iii) provides infrastructure and infrastructure-related equipment to support emergency services; or

“(iv) conducts safety-related research to evaluate experimental safety countermeasures or equipment.”;

(2) in subsection (c)(1)(A), by striking “subsections (a)(11)” and inserting “subsections (a)(12)”;

(3) in subsection (d)(2)(B)(i), by striking “subsection (a)(11)” and inserting “subsection (a)(12)”; and

(4) in subsection (e), by adding at the end the following:

“(3) FLEXIBLE FUNDING FOR SAFETY PROJECTS UNDER ANY OTHER SECTION.—

“(A) IN GENERAL.—To advance the implementation of a State strategic highway safety plan, a State may use not more than 25 percent of the amounts apportioned to the State under section 104(b)(3) for a fiscal year to carry out safety projects under any other section.

“(B) OTHER TRANSPORTATION AND HIGHWAY SAFETY PLANS.—Nothing in this paragraph requires a State to revise any State process, plan, or program in effect on the date of enactment of this paragraph.”.

Section 203(a) of title 23, United States Code, is amended—

(1) in paragraph (1)—

(A) in subparagraph (B), by adding “and” at the end;

(B) in subparagraph (C), by striking “; and” and inserting a period; and

(C) in subparagraph (D), by striking “$10,000,000” and inserting “$20,000,000”; and

(2) by adding at the end the following:

“(6) NATIVE PLANT MATERIALS.—In carrying out an activity described in paragraph (1), the entity carrying out the activity shall consider—

“(A) the use of locally adapted native plant materials; and

“(B) designs that minimize runoff and heat generation.”.

Section 204(a) of title 23, United States Code, is amended—

(1) in paragraph (1)(A)—

(A) in the matter preceding clause (i), by inserting “context-sensitive solutions,” after “restoration,”;

(B) in clause (i), by inserting “, including interpretive panels in or adjacent to those areas” after “areas”;

(C) in clause (v), by striking “and” at the end;

(D) by redesignating clause (vi) as clause (ix); and

(E) by inserting after clause (v) the following:

“(vi) contextual wayfinding markers;

“(vii) landscaping;

“(viii) cooperative mitigation of visual blight, including screening or removal; and”; and

(2) by adding at the end the following:

“(6) NATIVE PLANT MATERIALS.—In carrying out an activity described in paragraph (1), the Secretary shall ensure that the entity carrying out the activity considers—

“(A) the use of locally adapted native plant materials; and

“(B) designs that minimize runoff and heat generation.”.

Section 167 of title 23, United States Code, is amended—

(1) in subsection (e)—

(A) in paragraph (2), by striking “150 miles” and inserting “300 miles”; and

(B) by adding at the end the following:

“(3) RURAL STATES.—Notwithstanding paragraph (2), a State with a population per square mile of area that is less than the national average, based on the 2010 census, may designate as critical rural freight corridors a maximum of 600 miles of highway or 25 percent of the primary highway freight system mileage in the State, whichever is greater.”;

(2) in subsection (f)(4), by striking “75 miles” and inserting “150 miles”; and

(3) in subsection (i)(5)(B)—

(A) in the matter preceding clause (i), by striking “10 percent” and inserting “30 percent”;

(B) in clause (i), by striking “and” at the end;

(C) in clause (ii), by striking the period at the end and inserting a semicolon; and

(D) by adding at the end the following:

“(iii) for the modernization or rehabilitation of a lock and dam, if the Secretary determines that the project—

“(I) is functionally connected to the National Highway Freight Network; and

“(II) is likely to reduce on-road mobile source emissions; and

“(iv) on a marine highway corridor, connector, or crossing designated by the Secretary under section 55601(c) of title 46 (including an inland waterway corridor, connector, or crossing), if the Secretary determines that the project—

“(I) is functionally connected to the National Highway Freight Network; and

“(II) is likely to reduce on-road mobile source emissions.”.

Section 149 of title 23, United States Code, is amended—

(1) in subsection (b)—

(A) in the matter preceding paragraph (1), by striking “subsection (d)” and inserting “subsections (d) and (m)(1)(B)(ii)”

(B) in paragraph (8)(B), by striking “or” at the end;

(C) in paragraph (9), by striking the period at the end and inserting a semicolon; and

(D) by adding at the end the following:

“(10) if the project is for the modernization or rehabilitation of a lock and dam that—

“(A) is functionally connected to the Federal-aid highway system; and

“(B) the Secretary determines is likely to contribute to the attainment or maintenance of a national ambient air quality standard; or

“(11) if the project is on a marine highway corridor, connector, or crossing designated by the Secretary under section 55601(c) of title 46 (including an inland waterway corridor, connector, or crossing) that—

“(A) is functionally connected to the Federal-aid highway system; and

“(B) the Secretary determines is likely to contribute to the attainment or maintenance of a national ambient air quality standard.”;

(2) in subsection (c), by adding at the end the following:

“(4) LOCKS AND DAMS; MARINE HIGHWAYS.—For each fiscal year, a State may not obligate more than 10 percent of the funds apportioned to the State under section 104(b)(4) for projects described in paragraphs (10) and (11) of subsection (b).”; and

(3) by striking subsection (m) and inserting the following:

“(m) Operating assistance.—

“(1) IN GENERAL.—A State may obligate funds apportioned under section 104(b)(4) in an area of the State that is otherwise eligible for obligations of such funds for operating costs—

“(A) under chapter 53 of title 49; or

“(B) on—

“(i) a system for which CMAQ funding was eligible, made available, obligated, or expended in fiscal year 2012; or

“(ii) a State-supported Amtrak route with a valid cost-sharing agreement under section 209 of the Passenger Rail Investment and Improvement Act of 2008 (49 U.S.C. 24101 note; Public Law 110–432) and no current nonattainment areas under subsection (d).

“(2) NO TIME LIMITATION.—Operating assistance provided under paragraph (1) shall have no imposed time limitation if the operating assistance is for—

“(A) a route described in subparagraph (B)(ii) of that paragraph; or

“(B) a transit system that is located in—

“(i) a non-urbanized area; or

“(ii) an urbanized area with a population of 200,000 or fewer.”.

(a) Request for nominations.—Not later than 90 days after the date of enactment of this Act, the Secretary shall issue a request for nominations with respect to roads to be designated under the national scenic byways program, as described in section 162(a) of title 23, United States Code. The Secretary shall make the request for nominations available on the appropriate website of the Department.

(b) Designation determinations.—Not later than 1 year after the date on which the request for nominations required under subsection (a) is issued, the Secretary shall make publicly available on the appropriate website of the Department a list specifying the roads, nominated pursuant to such request, to be designated under the national scenic byways program.

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

Section 129(c) of title 23, United States Code, is amended in the matter preceding paragraph (1) by striking “the construction of ferry boats and ferry terminal facilities, whether toll or free,” and inserting “the construction of ferry boats and ferry terminal facilities (including ferry maintenance facilities), whether toll or free, and the procurement of transit vehicles used exclusively as an integral part of an intermodal ferry trip,”.

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

(b) Clerical amendment.—The analysis for chapter 1 of title 23, United States Code, is amended by inserting after the item relating to section 123 the following:

“124. Bridge investment program”.

Section 1404 of SAFETEA–LU (23 U.S.C. 402 note; Public Law 109–59) is amended—

(1) in subsection (a), by striking “primary and middle” and inserting “primary, middle, and high”; and

(2) in subsection (k)(2)—

(A) in the heading, by striking “Primary and middle” and inserting “Primary, middle, and high”;

(B) by striking “primary and middle” and inserting “primary, middle, and high”; and

(C) by striking “eighth grade” and inserting “12th grade”.

Section 143(b)(2)(A) of title 23, United States Code, is amended by striking “fiscal years 2016 through 2020” and inserting “fiscal years 2021 through 2025”.

Section 147 of title 23, United States Code, is amended by striking subsection (h) and inserting the following:

“(h) Authorization of appropriations.—There is authorized to be appropriated out of the Highway Trust Fund (other than the Mass Transit Account) to carry out this section—

“(1) $86,000,000 for fiscal year 2021;

“(2) $87,000,000 for fiscal year 2022;

“(3) $88,000,000 for fiscal year 2023;

“(4) $89,000,000 for fiscal year 2024; and

“(5) $90,000,000 for fiscal year 2025.”.

(a) In general.—Chapter 1 of title 23, United States Code, is amended by adding at the end the following:

(b) Clerical amendment.—The analysis for chapter 1 of title 23, United States Code, is amended by inserting after the item relating to section 170 the following:

“171. Balance exchanges for infrastructure program.”.

(a) In general.—

(1) FORMULA SAFETY INCENTIVE PROGRAM.—Chapter 1 of title 23, United States Code (as amended by section 1123(a)), is amended by adding at the end the following:

(2) CLERICAL AMENDMENT.—The analysis for chapter 1 of title 23, United States Code (as amended by section 1123(b)), is amended by inserting after the item relating to section 171 the following:

“172. Formula safety incentive program.
“173. Fatality reduction performance program.”.

(b) Vulnerable road user research plan.—

(1) DEFINITIONS.—In this subsection:

(A) ADMINISTRATOR.—The term “Administrator” means the Secretary of Transportation, acting through the Administrator of the Federal Highway Administration.

(B) VULNERABLE ROAD USER.—The term “vulnerable road user” has the meaning given the term in section 172(a) of title 23, United States Code.

(2) ESTABLISHMENT OF RESEARCH PLAN.—The Administrator shall establish a research plan to prioritize research on roadway designs, the development of safety countermeasures to minimize fatalities and serious injuries to vulnerable road users, and the promotion of bicycling and walking, including research relating to—

(A) roadway safety improvements, including traffic calming techniques and vulnerable road user accommodations appropriate in a suburban arterial context;

(B) the impacts of traffic speeds, and access to low-traffic stress corridors, on safety and rates of bicycling and walking;

(C) tools to evaluate the impact of transportation improvements on projected rates and safety of bicycling and walking; and

(D) other research areas to be determined by the Administrator.

(3) VULNERABLE ROAD USER ASSESSMENTS.—The Administrator shall—

(A) review each vulnerable road user safety assessment submitted by a State under section 172(c) of title 23, United States Code, and other relevant sources of data to determine what, if any, standard definitions and methods should be developed through guidance to enable a State to collect pedestrian injury and fatality data; and

(B) in the first progress update under paragraph (4)(B), provide—

(i) the results of the determination described in subparagraph (A); and

(ii) the recommendations of the Secretary with respect to the collection and reporting of data on the safety of vulnerable road users.

(4) SUBMISSION; PUBLICATION.—

(A) SUBMISSION OF PLAN.—Not later than 180 days after the date of enactment of this Act, the Administrator shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives the research plan described in paragraph (2).

(B) PROGRESS UPDATES.—Not later than 2 years after the date of enactment of this Act, and biannually thereafter, the Administrator shall submit to the Committees described in subparagraph (A)—

(i) updates on the progress and findings of the research conducted pursuant to the plan described in paragraph (2); and

(ii) in the first submission under this subparagraph, the results and recommendations described in paragraph (3)(B).

(a) Declaration of policy.—Section 101(b)(3)(D) of title 23, United States Code, is amended, in the matter preceding clause (i), by inserting “resilient,” after “efficient,”.

(b) Wildlife crossings pilot program.—

(1) IN GENERAL.—Chapter 1 of title 23, United States Code (as amended by section 1124(a)(1)), is amended by adding at the end the following: