(a) Short title.—This Act may be cited as the “Infrastructure Investment and Jobs Act”.

(b) Table of contents.—The table of contents for this Act is as follows:

Sec. 1. Short title; table of contents.
Sec. 2. References.

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

This division may be cited as the “Surface Transportation Reauthorization Act of 2021”.

In this division:

(1) DEPARTMENT.—The term “Department” means the Department of Transportation.

(2) SECRETARY.—The term “Secretary” means the Secretary of Transportation.

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

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

(1) FEDERAL-AID HIGHWAY PROGRAM.—For the national highway performance program under section 119 of title 23, United States Code, the surface transportation block grant program under section 133 of that title, the highway safety improvement program under section 148 of that title, the congestion mitigation and air quality improvement program under section 149 of that title, the national highway freight program under section 167 of that title, the carbon reduction program under section 175 of that title, to carry out subsection (c) of the PROTECT program under section 176 of that title, and to carry out section 134 of that title—

(A) $52,488,065,375 for fiscal year 2022;

(B) $53,537,826,683 for fiscal year 2023;

(C) $54,608,583,217 for fiscal year 2024;

(D) $55,700,754,881 for fiscal year 2025; and

(E) $56,814,769,844 for fiscal year 2026.

(2) TRANSPORTATION INFRASTRUCTURE FINANCE AND INNOVATION PROGRAM.—For credit assistance under the transportation infrastructure finance and innovation program under chapter 6 of title 23, United States Code, $250,000,000 for each of fiscal years 2022 through 2026.

(3) FEDERAL LANDS AND TRIBAL TRANSPORTATION PROGRAMS.—

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

(i) $578,460,000 for fiscal year 2022;

(ii) $589,960,000 for fiscal year 2023;

(iii) $602,460,000 for fiscal year 2024;

(iv) $612,960,000 for fiscal year 2025; and

(v) $627,960,000 for fiscal year 2026.

(B) FEDERAL LANDS TRANSPORTATION PROGRAM.—

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

(I) $421,965,000 for fiscal year 2022;

(II) $429,965,000 for fiscal year 2023;

(III) $438,965,000 for fiscal year 2024;

(IV) $447,965,000 for fiscal year 2025; and

(V) $455,965,000 for fiscal year 2026.

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

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

(aa) $332,427,450 for fiscal year 2022;

(bb) $338,867,450 for fiscal year 2023;

(cc) $346,237,450 for fiscal year 2024;

(dd) $353,607,450 for fiscal year 2025; and

(ee) $360,047,450 for fiscal year 2026;

(II) the amount for the United States Fish and Wildlife Service is $36,000,000 for each of fiscal years 2022 through 2026; and

(III) the amount for the Forest Service is—

(aa) $24,000,000 for fiscal year 2022;

(bb) $25,000,000 for fiscal year 2023;

(cc) $26,000,000 for fiscal year 2024;

(dd) $27,000,000 for fiscal year 2025; and

(ee) $28,000,000 for fiscal year 2026.

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

(i) $285,975,000 for fiscal year 2022;

(ii) $291,975,000 for fiscal year 2023;

(iii) $296,975,000 for fiscal year 2024;

(iv) $303,975,000 for fiscal year 2025; and

(v) $308,975,000 for fiscal year 2026.

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

(A) $219,000,000 for fiscal year 2022;

(B) $224,000,000 for fiscal year 2023;

(C) $228,000,000 for fiscal year 2024;

(D) $232,500,000 for fiscal year 2025; and

(E) $237,000,000 for fiscal year 2026.

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

(A) $1,000,000,000 for fiscal year 2022;

(B) $1,000,000,000 for fiscal year 2023;

(C) $1,000,000,000 for fiscal year 2024;

(D) $900,000,000 for fiscal year 2025; and

(E) $900,000,000 for fiscal year 2026.

(b) Other programs.—

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

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

(i) $600,000,000 for fiscal year 2022;

(ii) $640,000,000 for fiscal year 2023;

(iii) $650,000,000 for fiscal year 2024;

(iv) $675,000,000 for fiscal year 2025; and

(v) $700,000,000 for fiscal year 2026.

(B) CONGESTION RELIEF PROGRAM.—To carry out the congestion relief program under section 129(d) of title 23, United States Code, $50,000,000 for each of fiscal years 2022 through 2026.

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

(i) $300,000,000 for fiscal year 2022;

(ii) $400,000,000 for fiscal year 2023;

(iii) $500,000,000 for fiscal year 2024;

(iv) $600,000,000 for fiscal year 2025; and

(v) $700,000,000 for fiscal year 2026.

(D) RURAL SURFACE TRANSPORTATION GRANT PROGRAM.—To carry out the rural surface transportation grant program under section 173 of title 23, United States Code—

(i) $300,000,000 for fiscal year 2022;

(ii) $350,000,000 for fiscal year 2023;

(iii) $400,000,000 for fiscal year 2024;

(iv) $450,000,000 for fiscal year 2025; and

(v) $500,000,000 for fiscal year 2026.

(E) PROTECT GRANTS.—

(i) IN GENERAL.—To carry out subsection (d) of the PROTECT program under section 176 of title 23, United States Code, for each of fiscal years 2022 through 2026—

(I) $250,000,000 for fiscal year 2022;

(II) $250,000,000 for fiscal year 2023;

(III) $300,000,000 for fiscal year 2024;

(IV) $300,000,000 for fiscal year 2025; and

(V) $300,000,000 for fiscal year 2026.

(ii) ALLOCATION.—Of the amounts made available under clause (i)—

(I) for planning grants under paragraph (3) of that subsection—

(aa) $25,000,000 for fiscal year 2022;

(bb) $25,000,000 for fiscal year 2023;

(cc) $30,000,000 for fiscal year 2024;

(dd) $30,000,000 for fiscal year 2025; and

(ee) $30,000,000 for fiscal year 2026;

(II) for resilience improvement grants under paragraph (4)(A) of that subsection—

(aa) $175,000,000 for fiscal year 2022;

(bb) $175,000,000 for fiscal year 2023;

(cc) $210,000,000 for fiscal year 2024;

(dd) $210,000,000 for fiscal year 2025; and

(ee) $210,000,000 for fiscal year 2026;

(III) for community resilience and evacuation route grants under paragraph (4)(B) of that subsection—

(aa) $25,000,000 for fiscal year 2022;

(bb) $25,000,000 for fiscal year 2023;

(cc) $30,000,000 for fiscal year 2024;

(dd) $30,000,000 for fiscal year 2025; and

(ee) $30,000,000 for fiscal year 2026; and

(IV) for at-risk coastal infrastructure grants under paragraph (4)(C) of that subsection—

(aa) $25,000,000 for fiscal year 2022;

(bb) $25,000,000 for fiscal year 2023;

(cc) $30,000,000 for fiscal year 2024;

(dd) $30,000,000 for fiscal year 2025; and

(ee) $30,000,000 for fiscal year 2026.

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

(i) IN GENERAL.—To carry out the reduction of truck emissions at port facilities under section 11402, $50,000,000 for each of fiscal years 2022 through 2026.

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

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

(i) IN GENERAL.—To carry out the nationally significant Federal lands and tribal projects program under section 1123 of the FAST Act (23 U.S.C. 201 note; Public Law 114–94), $55,000,000 for each of fiscal years 2022 through 2026.

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

(2) GENERAL FUND.—

(A) BRIDGE INVESTMENT PROGRAM.—

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

(I) $600,000,000 for fiscal year 2022;

(II) $640,000,000 for fiscal year 2023;

(III) $650,000,000 for fiscal year 2024;

(IV) $675,000,000 for fiscal year 2025; and

(V) $700,000,000 for fiscal year 2026.

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

(B) NATIONALLY SIGNIFICANT FEDERAL LANDS AND TRIBAL PROJECTS PROGRAM.—In addition to amounts made available under paragraph (1)(G), there is authorized to be appropriated to carry out section 1123 of the FAST Act (23 U.S.C. 201 note; Public Law 114–94) $300,000,000 for each of fiscal years 2022 through 2026.

(C) HEALTHY STREETS PROGRAM.—There is authorized to be appropriated to carry out the Healthy Streets program under section 11406 $100,000,000 for each of fiscal years 2022 through 2026.

(D) TRANSPORTATION RESILIENCE AND ADAPTATION CENTERS OF EXCELLENCE.—There is authorized to be appropriated to carry out section 520 of title 23, United States Code, $100,000,000 for each of fiscal years 2022 through 2026.

(E) OPEN CHALLENGE AND RESEARCH PROPOSAL PILOT PROGRAM.—There is authorized to be appropriated to carry out the open challenge and research proposal pilot program under section 13006(e) $15,000,000 for each of fiscal years 2022 through 2026.

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

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

(A) HIGHWAY RESEARCH AND DEVELOPMENT PROGRAM.—To carry out section 503(b) of title 23, United States Code, $147,000,000 for each of fiscal years 2022 through 2026.

(B) TECHNOLOGY AND INNOVATION DEPLOYMENT PROGRAM.—To carry out section 503(c) of title 23, United States Code, $110,000,000 for each of fiscal years 2022 through 2026.

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

(i) $25,000,000 for fiscal year 2022;

(ii) $25,250,000 for fiscal year 2023;

(iii) $25,500,000 for fiscal year 2024;

(iv) $25,750,000 for fiscal year 2025; and

(v) $26,000,000 for fiscal year 2026.

(D) INTELLIGENT TRANSPORTATION SYSTEMS PROGRAM.—To carry out sections 512 through 518 of title 23, United States Code, $110,000,000 for each of fiscal years 2022 through 2026.

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

(i) $80,000,000 for fiscal year 2022;

(ii) $80,500,000 for fiscal year 2023;

(iii) $81,000,000 for fiscal year 2024;

(iv) $81,500,000 for fiscal year 2025; and

(v) $82,000,000 for fiscal year 2026.

(F) BUREAU OF TRANSPORTATION STATISTICS.—To carry out chapter 63 of title 49, United States Code—

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

(ii) $26,250,000 for fiscal year 2023;

(iii) $26,500,000 for fiscal year 2024;

(iv) $26,750,000 for fiscal year 2025; and

(v) $27,000,000 for fiscal year 2026.

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

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

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

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

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

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

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

(1) WILDLIFE CROSSINGS PILOT PROGRAM.—For the wildlife crossings pilot program under section 171 of title 23, United States Code—

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

(B) $65,000,000 for fiscal year 2023;

(C) $70,000,000 for fiscal year 2024;

(D) $75,000,000 for fiscal year 2025; and

(E) $80,000,000 for fiscal year 2026.

(2) PRIORITIZATION PROCESS PILOT PROGRAM.—

(A) IN GENERAL.—For the prioritization process pilot program under section 11204, $10,000,000 for each of fiscal years 2022 through 2026.

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

(3) RECONNECTING COMMUNITIES PILOT PROGRAM.—

(A) PLANNING GRANTS.—For planning grants under the reconnecting communities pilot program under section 11509(c), $30,000,000 for each of fiscal years 2022 through 2026.

(B) CAPITAL CONSTRUCTION GRANTS.—For capital construction grants under the reconnecting communities pilot program under section 11509(d)—

(i) $65,000,000 for fiscal year 2022;

(ii) $68,000,000 for fiscal year 2023;

(iii) $70,000,000 for fiscal year 2024;

(iv) $72,000,000 for fiscal year 2025; and

(v) $75,000,000 for fiscal year 2026.

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

(e) Disadvantaged business enterprises.—

(1) FINDINGS.—Congress finds that—

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

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

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

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

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

(2) DEFINITIONS.—In this subsection:

(A) SMALL BUSINESS CONCERN.—

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

(ii) EXCLUSIONS.—The term “small business concern” does not include any concern or group of concerns controlled by the same socially and economically disadvantaged individual or individuals that have average annual gross receipts during the preceding 3 fiscal years in excess of $26,290,000, as adjusted annually by the Secretary for inflation.

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

(3) AMOUNTS FOR SMALL BUSINESS CONCERNS.—Except to the extent that the Secretary determines otherwise, not less than 10 percent of the amounts made available for any program under this division (other than section 14004), division C, and section 403 of title 23, United States Code, shall be expended through small business concerns owned and controlled by socially and economically disadvantaged individuals.

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

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

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

(i) women;

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

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

(5) UNIFORM CERTIFICATION.—

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

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

(i) on-site visits;

(ii) personal interviews with personnel;

(iii) issuance or inspection of licenses;

(iv) analyses of stock ownership;

(v) listings of equipment;

(vi) analyses of bonding capacity;

(vii) listings of work completed;

(viii) examination of the resumes of principal owners;

(ix) analyses of financial capacity; and

(x) analyses of the type of work preferred.

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

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

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

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

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

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

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

(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) $57,473,430,072 for fiscal year 2022;

(2) $58,764,510,674 for fiscal year 2023;

(3) $60,095,782,888 for fiscal year 2024;

(4) $61,314,170,545 for fiscal year 2025; and

(5) $62,657,105,821 for fiscal year 2026.

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

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

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

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

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

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

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

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

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

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

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

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

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

(13) section 119 of title 23, United States Code (as in effect for fiscal years 2016 through 2021, but only in an amount equal to $639,000,000 for each of those fiscal years); and

(14) section 119 of title 23, United States Code (but, for fiscal years 2022 through 2026, only in an amount equal to $639,000,000 for each of those fiscal years).

(c) Distribution of obligation authority.—For each of fiscal years 2022 through 2026, the Secretary—

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

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

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

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

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

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

(3) shall determine the proportion that—

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

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

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

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

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

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

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

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

(d) Redistribution of unused obligation authority.—Notwithstanding subsection (c), the Secretary shall, after August 1 of each of fiscal years 2022 through 2026—

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

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

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

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

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

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

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

(f) Redistribution of certain authorized funds.—

(1) IN GENERAL.—Not later than 30 days after the date of distribution of obligation authority under subsection (c) for each of fiscal years 2022 through 2026, the Secretary shall distribute to the States any funds (excluding funds authorized for the program under section 202 of title 23, United States Code) that—

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

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

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

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

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 or duration of impacts of a disruptive weather event or natural disaster on a project; and

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

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

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

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

“(i) the implementation”; and

(C) by adding at the end the following:

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

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

“(A) $490,964,697 for fiscal year 2022;

“(B) $500,783,991 for fiscal year 2023;

“(C) $510,799,671 for fiscal year 2024;

“(D) $521,015,664 for fiscal year 2025; and

“(E) $531,435,977 for fiscal year 2026.”.

(b) Division among programs of State share.—Section 104(b) of title 23, United States Code, is amended in subsection (b)—

(1) in the matter preceding paragraph (1), by inserting “the carbon reduction program under section 175, to carry out subsection (c) of the PROTECT program under section 176,” before “and to carry out section 134”;

(2) in paragraph (1), by striking “63.7 percent” and inserting “59.0771195921461 percent”;

(3) in paragraph (2), by striking “29.3 percent” and inserting “28.7402203421251 percent”;

(4) in paragraph (3), by striking “7 percent” and inserting “6.70605141316253 percent”;

(5) by striking paragraph (4) and inserting the following:

“(4) CONGESTION MITIGATION AND AIR QUALITY IMPROVEMENT PROGRAM.—

“(A) IN GENERAL.—For the congestion mitigation and air quality improvement program, an amount determined for the State under subparagraphs (B) and (C).

“(B) TOTAL AMOUNT.—The total amount for the congestion mitigation and air quality improvement program for all States shall be—

“(i) $2,536,490,803 for fiscal year 2022;

“(ii) $2,587,220,620 for fiscal year 2023;

“(iii) $2,638,965,032 for fiscal year 2024;

“(iv) $2,691,744,332 for fiscal year 2025; and

“(v) $2,745,579,213 for fiscal year 2026.

“(C) STATE SHARE.—For each fiscal year, the Secretary shall distribute among the States the total amount for the congestion mitigation and air quality improvement program under subparagraph (B) so that each State receives an amount equal to the proportion that—

“(i) the amount apportioned to the State for the congestion mitigation and air quality improvement program for fiscal year 2020; bears to

“(ii) the total amount of funds apportioned to all States for that program for fiscal year 2020.”;

(6) in paragraph (5)—

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

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

“(i) $1,373,932,519 for fiscal year 2022;

“(ii) $1,401,411,169 for fiscal year 2023;

“(iii) $1,429,439,392 for fiscal year 2024;

“(iv) $1,458,028,180 for fiscal year 2025; and

“(v) $1,487,188,740 for fiscal year 2026.”; and

(B) by striking subparagraph (D); and

(7) by striking paragraph (6) and inserting the following:

“(6) METROPOLITAN PLANNING.—

“(A) IN GENERAL.—To carry out section 134, an amount determined for the State under subparagraphs (B) and (C).

“(B) TOTAL AMOUNT.—The total amount for metropolitan planning for all States shall be—

“(i) $ 438,121,139 for fiscal year 2022;

“(ii) $446,883,562 for fiscal year 2023;

“(iii) $455,821,233 for fiscal year 2024;

“(iv) $464,937,657 for fiscal year 2025; and

“(v) $474,236,409 for fiscal year 2026.

“(C) STATE SHARE.—For each fiscal year, the Secretary shall distribute among the States the total amount to carry out section 134 under subparagraph (B) so that each State receives an amount equal to the proportion that—

“(i) the amount apportioned to the State to carry out section 134 for fiscal year 2020; bears to

“(ii) the total amount of funds apportioned to all States to carry out section 134 for fiscal year 2020.

“(7) CARBON REDUCTION PROGRAM.—For the carbon reduction program under section 175, 2.56266964565637 percent of the amount remaining after distributing amounts under paragraphs (4), (5), and (6).

“(8) PROTECT FORMULA PROGRAM.—To carry out subsection (c) of the PROTECT program under section 176, 2.91393900690991 percent of the amount remaining after distributing amounts under paragraphs (4), (5), and (6).”.

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

(1) in paragraph (1)—

(A) in the matter preceding subparagraph (A), by striking “each of fiscal years 2016 through 2020” and inserting “fiscal year 2022 and each fiscal year thereafter”;

(B) in subparagraph (A)—

(i) by striking clause (i) and inserting the following:

“(i) the base apportionment; by”; and

(ii) in clause (ii)(I), by striking “fiscal year 2015” and inserting “fiscal year 2021”; and

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

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

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

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

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

“(ii) at least 2 percent greater than the apportionment that the State received for fiscal year 2021; and

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

(2) in paragraph (2)—

(A) by striking “fiscal years 2016 through 2020” and inserting “fiscal year 2022 and each fiscal year thereafter”; and

(B) by inserting “the carbon reduction program under section 175, to carry out subsection (c) of the PROTECT program under section 176,” before “and to carry out section 134”.

(d) Metropolitan planning.—Section 104(d)(1)(A) of title 23, United States Code, is amended by striking “paragraphs (5)(D) and (6) of subsection (b)” each place it appears and inserting “subsection (b)(6)”.

(e) Supplemental funds.—Section 104 of title 23, United States Code, is amended by striking subsection (h).

(f) Base apportionment defined.—Section 104 of title 23, United States Code, is amended—

(1) by redesignating subsection (i) as subsection (h); and

(2) in subsection (h) (as so redesignated)—

(A) by striking “means” in the matter preceding paragraph (1) and all that follows through “the combined amount” in paragraph (1) and inserting “means the combined amount”;

(B) by striking “and to carry out section 134; minus” and inserting “the carbon reduction program under section 175, to carry out subsection (c) of the PROTECT program under section 176, and to carry out section 134.”; and

(C) by striking paragraph (2).

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

(1) in subsection (b)—

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

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

(C) by adding at the end the following:

“(4) to provide support for activities to increase the resiliency of the National Highway System to mitigate the cost of damages from sea level rise, extreme weather events, flooding, wildfires, or other natural disasters.”;

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

“(Q) Undergrounding public utility infrastructure carried out in conjunction with a project otherwise eligible under this section.

“(R) Resiliency improvements on the National Highway System, including protective features described in subsection (k)(2).

“(S) Implement activities to protect segments of the National Highway System from cybersecurity threats.”;

(3) in subsection (e)(4)(D), by striking “analysis” and inserting “analyses, both of which shall take into consideration extreme weather and resilience”; and

(4) by adding at the end the following:

“(k) Protective features.—

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

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

“(A) raising roadway grades;

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

“(C) stabilizing slide areas;

“(D) stabilizing slopes;

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

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

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

“(H) installing seismic retrofits on bridges;

“(I) adding scour protection at bridges, installing riprap, or adding other scour, stream stability, coastal, or other hydraulic countermeasures, including spur dikes; and

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

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

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

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

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

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

(3) in subsection (d)—

(A) in paragraph (2)(A)—

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

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

“(i) meets the current”; and

(iii) by adding at the end the following:

“(ii) incorporates economically justifiable improvements that will mitigate the risk of recurring damage from extreme weather, flooding, and other natural disasters.”;

(B) by redesignating paragraph (3) as paragraph (4); and

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

“(3) PROTECTIVE FEATURES.—

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

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

“(i) raising roadway grades;

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

“(iii) stabilizing slide areas;

“(iv) stabilizing slopes;

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

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

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

“(viii) installing seismic retrofits on bridges;

“(ix) adding scour protection at bridges, installing riprap, or adding other scour, stream stability, coastal, or other hydraulic countermeasures, including spur dikes; and

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

Section 120 of title 23, United States Code, is amended—

(1) in subsection (c)—

(A) in paragraph (1), in the first sentence, by inserting “vehicle-to-infrastructure communication equipment, ” after “breakaway utility poles, ”;

(B) in subparagraph (3)(B)—

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

(ii) by redesignating clause (vi) as clause (vii); and

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

“(vi) contractual provisions that provide safety contingency funds to incorporate safety enhancements to work zones prior to or during roadway construction activities; or”; and

(C) by adding at the end the following:

“(4) POOLED FUNDING.—Notwithstanding any other provision of law, the Secretary may waive the non-Federal share of the cost of a project or activity under section 502(b)(6) that is carried out with amounts apportioned under section 104(b)(2) after considering appropriate factors, including whether—

“(A) decreasing or eliminating the non-Federal share would best serve the interests of the Federal-aid highway program; and

“(B) the project or activity addresses national or regional high priority research, development, and technology transfer problems in a manner that would benefit multiple States or metropolitan planning organizations.”;

(2) in subsection (e)—

(A) in paragraph (1), by striking “180 days” and inserting “270 days”; and

(B) in paragraph (4), by striking “permanent”; and

(3) by adding at the end the following:

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

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

(2) in paragraph (1)—

(A) in subparagraph (A), by striking “and the installation of protective devices at railway-highway crossings” in the matter preceding clause (i) and all that follows through “2020.” in clause (v) and inserting the following: “, the installation of protective devices at railway-highway crossings, the replacement of functionally obsolete warning devices, and as described in subparagraph (B), not less than $245,000,000 for each of fiscal years 2022 through 2026.”; and

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

“(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) Incentive payments for at-grade crossing closures.—Section 130(i)(3)(B) of title 23, United States Code, is amended by striking “$7,500” and inserting “$100,000”.

(d) Expenditure of funds.—Section 130(k) of title 23, United States Code, is amended by striking “2 percent” and inserting “8 percent”.

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

(f) Sense of Congress relating to trespasser deaths along railroad rights-of-way.—It is the sense of Congress that the Department should, where feasible, coordinate departmental efforts to prevent or reduce trespasser deaths along railroad 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), (20), (21), and (22), respectively;

(D) in paragraph (5) (as so redesignated), by striking “railway-highway grade crossings” and inserting “projects eligible under section 130 and installation of safety barriers and nets on bridges”;

(E) in paragraph (7) (as so redesignated)—

(i) by inserting “including the maintenance and restoration of existing recreational trails,” after “section 206”; and

(ii) by striking “the safe routes to school program under section 1404 of SAFETEA–LU (23 U.S.C. 402 note)” and inserting “the safe routes to school program under section 208”;

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

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

“(15) The installation of electric vehicle charging infrastructure and vehicle-to-grid infrastructure.

“(16) The installation and deployment of current and emerging intelligent transportation technologies, including the ability of vehicles to communicate with infrastructure, buildings, and other road users.

“(17) Planning and construction of projects that facilitate intermodal connections between emerging transportation technologies, such as magnetic levitation and hyperloop.

“(18) Protective features, including natural infrastructure, to enhance the resilience of a transportation facility otherwise eligible for assistance under this section.

“(19) Measures to protect a transportation facility otherwise eligible for assistance under this section from cybersecurity threats.”; and

(G) by adding at the end the following:

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

“(24) Projects to enhance travel and tourism.”;

(2) in subsection (c)—

(A) in paragraph (2), by striking “paragraphs (4) through (11)” and inserting “paragraphs (5) through (15) and paragraph (23)”;

(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)—

(i) in the matter preceding subparagraph (A), by striking “reservation” and inserting “set aside”; and

(ii) in subparagraph (A)—

(I) in the matter preceding clause (i), by striking “the percentage specified in paragraph (6) for a fiscal year” and inserting “55 percent for each of fiscal years 2022 through 2026”; and

(II) by striking clauses (ii) and (iii) and inserting the following:

“(ii) in urbanized areas of the State with an urbanized area population of not less than 50,000 and not more than 200,000;

“(iii) in urban areas of the State with a population not less than 5,000 and not more than 49,999; and

“(iv) in other areas of the State with a population less than 5,000; and”;

(B) by striking paragraph (3) and inserting the following:

“(3) LOCAL CONSULTATION.—

“(A) CONSULTATION WITH METROPOLITAN PLANNING ORGANIZATIONS.—For purposes of clause (ii) of paragraph (1)(A), a State shall—

“(i) establish a process to consult with all metropolitan planning organizations in the State that represent an urbanized area described in that clause; and

“(ii) describe how funds allocated for areas described in that clause will be allocated equitably among the applicable urbanized areas during the period of fiscal years 2022 through 2026.

“(B) CONSULTATION WITH REGIONAL TRANSPORTATION PLANNING ORGANIZATIONS.—For purposes of clauses (iii) and (iv) of paragraph (1)(A), before obligating funding attributed to an area with a population less than 50,000, a State shall consult with the regional transportation planning organizations that represent the area, if any.”; and

(C) by striking paragraph (6);

(4) in subsection (e)(1), in the matter preceding subparagraph (A), by striking “fiscal years 2016 through 2020” and inserting “fiscal years 2022 through 2026”;

(5) in subsection (f)—

(A) in paragraph (1)—

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

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

(B) in paragraph (2)(A)—

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

(ii) by striking “15 percent” and inserting “20 percent”; and

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

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

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

(6) in subsection (g)—

(A) in the subsection heading, by striking “less than 5,000” and inserting “less than 50,000”; and

(B) by striking paragraph (1) and inserting the following:

“(1) IN GENERAL.—Notwithstanding subsection (c), and except as provided in paragraph (2), up to 15 percent of the amounts required to be obligated by a State under clauses (iii) and (iv) of subsection (d)(1)(A) for each fiscal year may be obligated on—

“(A) roads functionally classified as rural minor collectors or local roads; or

“(B) on critical rural freight corridors designated under section 167(e).”; and

(7) by adding at the end the following:

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

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

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

“(k) Projects in rural areas.—

“(1) SET ASIDE.—Notwithstanding subsection (c), in addition to the activities described in subsections (b) and (g), of the amounts apportioned to a State for each fiscal year to carry out this section, not more than 15 percent may be—

“(A) used on eligible projects under subsection (b) or maintenance activities on roads functionally classified as rural minor collectors or local roads, ice roads, or seasonal roads; or

“(B) transferred to—

“(i) the Appalachian Highway System Program under 14501 of title 40; or

“(ii) the Denali access system program under section 309 of the Denali Commission Act of 1998 (42 U.S.C. 3121 note; Public Law 105–277).

“(2) SAVINGS CLAUSE.—Amounts allocated under subsection (d) shall not be used to carry out this subsection, except at the request of the applicable metropolitan planning organization.”.

(b) Set-aside.—

(1) IN GENERAL.—Section 133(h) of title 23, United States Code, is amended—

(A) in paragraph (1)—

(i) in the heading, by striking “Reservation of funds” and inserting “In general”; and

(ii) in the matter preceding subparagraph (A), by striking “for each fiscal year” and all that follows through “and” at the end of subparagraph (A)(ii) and inserting the following: “for fiscal year 2022 and each fiscal year thereafter—

“(A) the Secretary shall set aside an amount equal to 10 percent to carry out this subsection; and”;

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

“(2) ALLOCATION WITHIN A STATE.—

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

“(i) for fiscal year 2022 and each fiscal year thereafter, the percentage referred to in paragraph (1)(A) of that subsection shall be deemed to be 59 percent; and

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

“(B) LOCAL CONTROL.—A State may allocate up to 100 percent of the funds referred to in subparagraph (A)(i) if—

“(i) the State submits to the Secretary a plan that describes—

“(I) how funds will be allocated to counties, metropolitan planning organizations, regional transportation planning organizations as described in section 135(m), or local governments;

“(II) how the entities described in subclause (I) will carry out a competitive process to select projects for funding and report selected projects to the State;

“(III) the legal, financial, and technical capacity of the entities described in subclause (I);

“(IV) how input was gathered from the entities described in subclause (I) to ensure those entities will be able to comply with the requirements of this subsection; and

“(V) how the State will comply with paragraph (8); and

“(ii) the Secretary approves the plan submitted under clause (i).”;

(C) by striking paragraph (3) and inserting the following:

“(3) ELIGIBLE PROJECTS.—Funds set aside under this subsection may be obligated for—

“(A) projects or activities described in section 101(a)(29) or 213, as those provisions were in effect on the day before the date of enactment of the FAST Act (Public Law 114–94; 129 Stat. 1312);

“(B) projects and activities under the safe routes to school program under section 208; and

“(C) activities in furtherance of a vulnerable road user safety assessment (as defined in section 148(a)).”;

(D) in paragraph (4)—

(i) by striking subparagraph (A);

(ii) by redesignating subparagraph (B) as subparagraph (A);

(iii) in subparagraph (A) (as so redesignated)—

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

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

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

(III) in clause (viii) (as so redesignated), by striking “responsible” and all that follows through “programs; and” and inserting a semicolon;

(IV) in clause (ix) (as so redesignated)—

(aa) by inserting “that serves an urbanized area with a population of over 200,000” after “metropolitan planning organization”; and

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

(V) by adding at the end the following:

“(x) a State, at the request of an entity described in clauses (i) through (ix).”; and

(iv) by adding at the end the following:

“(B) COMPETITIVE PROCESS.—A State or metropolitan planning organization required to obligate funds in accordance with paragraph (2) shall develop a competitive process to allow eligible entities to submit projects for funding that achieve the objectives of this subsection.

“(C) SELECTION.—A metropolitan planning organization for an area described in subsection (d)(1)(A)(i) shall select projects under the competitive process described in subparagraph (B) in consultation with the relevant State.

“(D) PRIORITIZATION.—The competitive process described in subparagraph (B) shall include prioritization of project location and impact in high-need areas as defined by the State, such as low-income, transit-dependent, rural, or other areas.”;

(E) in paragraph (5)(A), by striking “reserved under this section” and inserting “set aside under this subsection”;

(F) in paragraph (6)—

(i) in subparagraph (B), by striking “reserved” and inserting “set aside”; and

(ii) by adding at the end the following:

“(C) IMPROVING ACCESSIBILITY AND EFFICIENCY.—

“(i) IN GENERAL.—A State may use an amount equal to not more than 5 percent of the funds set aside for the State under this subsection, after allocating funds in accordance with paragraph (2)(A), to improve the ability of applicants to access funding for projects under this subsection in an efficient and expeditious manner by providing—

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

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

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

“(I) directly by the State; or

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

(G) by redesignating paragraph (7) as paragraph (8);

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

“(7) FEDERAL SHARE.—

“(A) REQUIRED AGGREGATE NON-FEDERAL SHARE.—The average annual non-Federal share of the total cost of all projects for which funds are obligated under this subsection in a State for a fiscal year shall be not less than the average non-Federal share of the cost of the projects that would otherwise apply.

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

“(i) funds made available to carry out section 148 may be credited toward the non-Federal share of the costs of a project under this subsection if the project—

“(I) is an eligible project described in section 148(e)(1); and

“(II) is consistent with the State strategic highway safety plan (as defined in section 148(a));

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

“(iii) the Federal share of the cost of an individual project in this section may be up to 100 percent.

“(C) REQUIREMENT.—Subparagraph (B) shall only apply to a State if the State has adequate financial controls, as certified by the Secretary, to account for the average annual non-Federal share under this paragraph.”; and

(I) in subparagraph (A) of paragraph (8) (as so redesignated)—

(i) in the matter preceding clause (i), by striking “describes” and inserting “includes”; and

(ii) by striking clause (ii) and inserting the following:

“(ii) a list of each project selected for funding for each fiscal year, including, for each project—

“(I) the fiscal year during which the project was selected;

“(II) the fiscal year in which the project is anticipated to be funded;

“(III) the recipient;

“(IV) the location, including the congressional district;

“(V) the type;

“(VI) the cost; and

“(VII) a brief description.”.

(2) STATE TRANSFERABILITY.—Section 126(b)(2) of title 23, United States Code, is amended—

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

(B) by striking “reserved for a State under section 133(h) for a fiscal year may” and inserting the following: “set aside for a State under section 133(h) for a fiscal year—

“(A) may”; and

(C) by adding at the end the following:

“(B) may only be transferred if the Secretary certifies that the State—

“(i) held a competition in compliance with the guidance issued to carry out section 133(h) and provided sufficient time for applicants to apply;

“(ii) offered to each eligible entity, and provided on request of an eligible entity, technical assistance; and

“(iii) demonstrates that there were not sufficiently suitable applications from eligible entities to use the funds to be transferred.”.

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

(1) in the section heading, by inserting “multimodal” before “freight”;

(2) in subsection (a)(2)—

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

(B) in subparagraph (C), by inserting “or freight” after “highway”;

(C) in subparagraph (E), by inserting “or freight” after “highway”; and

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

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

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

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

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

(4) in subsection (c)(1)—

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

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

“(H) A multistate corridor organization.”;

(5) in subsection (d)—

(A) in paragraph (1)(A)—

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

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

(iii) by adding at the end the following:

“(v) a wildlife crossing project;

“(vi) a surface transportation infrastructure project that—

“(I) is located within the boundaries of or functionally connected to an international border crossing area in the United States;

“(II) improves a transportation facility owned by a Federal, State, or local government entity; and

“(III) increases throughput efficiency of the border crossing described in subclause (I), including—

“(aa) a project to add lanes;

“(bb) a project to add technology; and

“(cc) other surface transportation improvements;

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

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

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

“(viii) a highway, bridge, or freight project carried out on the National Multimodal Freight Network established under section 70103 of title 49; and”; and

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

(i) by striking “$600,000,000” and inserting “30 percent”; and

(ii) by striking “fiscal years 2016 through 2020, in the aggregate,” and inserting “each of fiscal years 2022 through 2026”;

(6) in subsection (e)—

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

(B) in paragraph (3)—

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

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

(iii) by adding at the end the following:

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

(C) by adding at the end the following:

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

(7) in subsection (f)(2), by inserting “(including a project to replace or rehabilitate a culvert, or to reduce stormwater runoff for the purpose of improving habitat for aquatic species)” after “environmental mitigation”;

(8) in subsection (h)—

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

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

(C) by adding at the end the following:

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

“(5) whether the project will improve the shared transportation corridor of a multistate corridor organization, if applicable; and

“(6) prioritizing projects located in States in which neither the State nor an eligible entity in that State has been awarded a grant under this section.”;

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

(10) in subsection (j)—

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

“(j) Federal assistance.—

“(1) FEDERAL SHARE.—

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

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

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

(C) in paragraph (2)—

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

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

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

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

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

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

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

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

“(A) the grant recipient may obligate and expend 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 the 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).”;

(13) in subsection (n) (as so redesignated), by striking paragraph (1) and inserting the following:

“(1) IN GENERAL.—Not later than 60 days before the date on which a grant is provided for a project under this section, the Secretary shall submit to the Committees on Commerce, Science, and Transportation and Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report describing the proposed grant, including—

“(A) an evaluation and justification for the applicable project; and

“(B) a description of the amount of the proposed grant award.”;

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

“(o) Applicant notification.—

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

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

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

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

“(3) RESPONSE.—

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

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

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

“(p) Reports.—

“(1) ANNUAL REPORT.—

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

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

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

“(D) APPLICABILITY.—This paragraph applies to all projects described in subparagraph (A) that the Secretary selects on or after October 1, 2021.

“(2) COMPTROLLER GENERAL.—

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

“(B) REPORT.—Not later than 1 year after the date of enactment of the Surface Transportation Reauthorization Act of 2021 and annually thereafter, the Comptroller General of the United States shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that describes, for each project selected to receive funding under this section—

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

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

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

“(3) INSPECTOR GENERAL.—Not later than 1 year after the date of enactment of the Surface Transportation Reauthorization Act of 2021 and annually thereafter, the Inspector General of the Department of Transportation shall—

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

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

“(q) State incentives pilot program.—

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

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

“(3) FEDERAL SHARE.—

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

“(B) NO FEDERAL INVOLVEMENT.—

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

“(ii) EXCEPTION.—An eligible applicant may use funds from a secured loan (as defined in section 601(a)) to satisfy the non-Federal share of the cost under subparagraph (A) if the loan is repayable from 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 and the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that describes the administration of the pilot program, including—

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

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

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

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

“(r) Multistate corridor organization defined.—For purposes of this section, the term ‘multistate corridor organization’ means an organization of a group of States developed through cooperative agreements, coalitions, or other arrangements to promote regional cooperation, planning, and shared project implementation for programs and projects to improve transportation system management and operations for a shared transportation corridor.

“(s) Additional authorization of appropriations.—In addition to amounts made available from the Highway Trust Fund, there are authorized to be appropriated to carry out this section, to remain available for a period of 3 fiscal years following the fiscal year for which the amounts are appropriated—

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

“(2) $1,100,000,000 for fiscal year 2023;

“(3) $1,200,000,000 for fiscal year 2024;

“(4) $1,300,000,000 for fiscal year 2025; and

“(5) $1,400,000,000 for fiscal year 2026.”.

(b) Clerical amendment.—The analysis for chapter 1 of title 23, United States Code, is amended by striking the item relating to section 117 and inserting the following:

“117. Nationally significant multimodal freight and highway projects.”.

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

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

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

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

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

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

(a) In general.—Section 148 of title 23, United States Code, is amended—

(1) in subsection (a)—

(A) in paragraph (4)(B)—

(i) in clause (i), by inserting “that provides for the safety of all road users, as appropriate, including a multimodal roundabout” after “improvement”;

(ii) in clause (vi), by inserting “or a grade separation project” after “devices”;

(iii) by striking clause (viii) and inserting the following:

“(viii) Construction or installation of features, measures, and road designs to calm traffic and reduce vehicle speeds.”;

(iv) by striking clause (xxvi) and inserting the following:

“(xxvi) Installation or upgrades of traffic control devices for pedestrians and bicyclists, including pedestrian hybrid beacons and the addition of bicycle movement phases to traffic signals.”; and

(v) by striking clauses (xxvii) and (xxviii) and inserting the following:

“(xxvii) Roadway improvements that provide separation between pedestrians and motor vehicles or between bicyclists and motor vehicles, including medians, pedestrian crossing islands, protected bike lanes, and protected intersection features.

“(xxviii) A pedestrian security feature designed to slow or stop a motor vehicle.

“(xxix) A physical infrastructure safety project not described in clauses (i) through (xxviii).”;

(B) by redesignating paragraphs (9) through (12) as paragraphs (10), (12), (13), and (14), respectively;

(C) by inserting after paragraph (8) the following:

“(9) SAFE SYSTEM APPROACH.—The term ‘safe system approach’ means a roadway design—

“(A) that emphasizes minimizing the risk of injury or fatality to road users; and

“(B) that—

“(i) takes into consideration the possibility and likelihood of human error;

“(ii) accommodates human injury tolerance by taking into consideration likely accident types, resulting impact forces, and the ability of the human body to withstand impact forces; and

“(iii) takes into consideration vulnerable road users.”;

(D) by inserting after paragraph (10) (as so redesignated) the following:

“(11) SPECIFIED SAFETY PROJECT.—

“(A) IN GENERAL.—The term ‘specified safety project’ means a project carried out for the purpose of safety under any other section of this title that is consistent with the State strategic highway safety plan.

“(B) INCLUSION.—The term ‘specified safety project’ includes a project that—

“(i) promotes public awareness and informs the public regarding highway safety matters (including safety for motorcyclists, bicyclists, pedestrians, individuals with disabilities, and other road users);

“(ii) facilitates enforcement of traffic safety laws;

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

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

“(v) supports safe routes to school noninfrastructure-related activities described in section 208(g)(2).”;

(E) in paragraph (13) (as so redesignated)—

(i) by redesignating subparagraphs (G), (H), and (I) as subparagraphs (H), (I), and (J), respectively; and

(ii) by inserting after subparagraph (F) the following;

“(G) includes a vulnerable road user safety assessment;”; and

(F) by adding at the end the following:

“(15) VULNERABLE ROAD USER.—The term ‘vulnerable road user’ means a nonmotorist—

“(A) with a fatality analysis reporting system person attribute code that is included in the definition of the term ‘number of non-motorized fatalities’ in section 490.205 of title 23, Code of Federal Regulations (or successor regulations); or

“(B) described in the term ‘number of non-motorized serious injuries’ in that section.

“(16) VULNERABLE ROAD USER SAFETY ASSESSMENT.—The term ‘vulnerable road user safety assessment’ means an assessment of the safety performance of the State with respect to vulnerable road users and the plan of the State to improve the safety of vulnerable road users as described in subsection (l).”;

(2) in subsection (c)—

(A) in paragraph (1)(A), by striking “subsections (a)(11)” and inserting “subsections (a)(13)”; and

(B) in paragraph (2)—

(i) in subparagraph (A)(vi), by inserting “and to differentiate the safety data for vulnerable road users, including bicyclists, motorcyclists, and pedestrians, from other road users” after “crashes”;

(ii) in subparagraph (B)(i), by striking “(including motorcyclists), bicyclists, pedestrians,” and inserting “, vulnerable road users (including motorcyclists, bicyclists, pedestrians),”; and

(iii) in subparagraph (D)—

(I) in clause (iv), by striking “and” at the end;

(II) in clause (v), by striking the semicolon at the end and inserting “; and”; and

(III) by adding at the end the following:

“(vi) improves the ability of the State to differentiate the fatalities and serious injuries of vulnerable road users, including bicyclists, motorcyclists, and pedestrians, from other road users;”;

(3) in subsection (d)(2)(B)(i), by striking “subsection (a)(11)” and inserting “subsection (a)(13)”;

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

“(3) FLEXIBLE FUNDING FOR SPECIFIED SAFETY PROJECTS.—

“(A) IN GENERAL.—To advance the implementation of a State strategic highway safety plan, a State may use not more than 10 percent of the amounts apportioned to the State under section 104(b)(3) for a fiscal year to carry out specified safety projects.

“(B) RULE OF CONSTRUCTION.—Nothing in this paragraph requires a State to revise any State process, plan, or program in effect on the date of enactment of this paragraph.

“(C) EFFECT OF PARAGRAPH.—

“(i) REQUIREMENTS.—A project carried out under this paragraph shall be subject to all requirements under this section that apply to a highway safety improvement project.

“(ii) OTHER APPORTIONED PROGRAMS.—Nothing in this paragraph prohibits the use of funds made available under other provisions of this title for a specified safety project that is a noninfrastructure project.”;

(5) in subsection (g), by adding at the end the following:

“(3) VULNERABLE ROAD USER SAFETY.—If the total annual fatalities of vulnerable road users in a State represents not less than 15 percent of the total annual crash fatalities in the State, that State shall be required to obligate not less than 15 percent of the amounts apportioned to the State under section 104(b)(3) for the following fiscal year for highway safety improvement projects to address the safety of vulnerable road users.”; and

(6) by adding at the end the following:

“(l) Vulnerable road user safety assessment.—

“(1) IN GENERAL.—Not later than 2 years after the date of enactment of this subsection, each State shall complete a vulnerable road user safety assessment.

“(2) CONTENTS.—A vulnerable road user safety assessment under paragraph (1) shall include—

“(A) a quantitative analysis of vulnerable road user fatalities and serious injuries that—

“(i) includes data such as location, roadway functional classification, design speed, speed limit, and time of day;

“(ii) considers the demographics of the locations of fatalities and serious injuries, including race, ethnicity, income, and age; and

“(iii) based on the data, identifies areas as ‘high-risk’ to vulnerable road users; and

“(B) a program of projects or strategies to reduce safety risks to vulnerable road users in areas identified as high-risk under subparagraph (A)(iii).

“(3) USE OF DATA.—In carrying out a vulnerable road user safety assessment under paragraph (1), a State shall use data from the most recent 5-year period for which data is available.

“(4) REQUIREMENTS.—In carrying out a vulnerable road user safety assessment under paragraph (1), a State shall—

“(A) take into consideration a safe system approach; and

“(B) consult with local governments, metropolitan planning organizations, and regional transportation planning organizations that represent a high-risk area identified under paragraph (2)(A)(iii).

“(5) UPDATE.—A State shall update the vulnerable road user safety assessment of the State in accordance with the updates required to the State strategic highway safety plan under subsection (d).

“(6) REQUIREMENT FOR TRANSPORTATION SYSTEM ACCESS.—The program of projects developed under paragraph (2)(B) may not degrade transportation system access for vulnerable road users.

“(7) GUIDANCE.—

“(A) IN GENERAL.—Not later than 1 year after the date of enactment of this subsection, the Secretary shall develop guidance for States to carry out this subsection.

“(B) CONSULTATION.—In developing the guidance under this paragraph, the Secretary shall consult with the States and relevant safety stakeholders.”.

(b) High-risk rural roads.—

(1) STUDY.—Not later than 2 years after the date of enactment of this Act, the Secretary shall update the study under section 1112(b)(1) of MAP–21 (23 U.S.C. 148 note; Public Law 112–141).

(2) PUBLICATION OF REPORT.—Not later than 2 years after the date of enactment of this Act, the Secretary shall publish on the website of the Department of Transportation an update to the report described in section 1112(b)(2) of MAP–21 (23 U.S.C. 148 note; Public Law 112–141).

(3) BEST PRACTICES MANUAL.—Not later than 180 days after the date on which the report is published under paragraph (2), the Secretary shall update the best practices manual described in section 1112(b)(3) of MAP–21 (23 U.S.C. 148 note; Public Law 112–141).

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

(1) in paragraph (1)(D), by striking “$10,000,000” and inserting “$20,000,000”; and

(2) by adding at the end the following:

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

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

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

(a) Federal share.—Section 201 of title 23, United States Code, is amended—

(1) in subsection (b)(7)(B), by striking “determined in accordance with section 120”, and inserting “be up to 100 percent”; and

(2) in subsection (c)(8)(A), by striking “5 percent” and inserting “20 percent”.

(b) Federal lands access program.—Section 204(a) of title 23, United States Code, is amended—

(1) in paragraph (1)(A)—

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

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

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

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

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

“(vi) contextual wayfinding markers;

“(vii) landscaping;

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

(2) by adding at the end the following:

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

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

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

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

(1) in subsection (e)—