(a)
(1)
(2)
(A) improve the safety, efficiency, and reliability of the movement of freight and people in and across rural and urban areas;
(B) generate national or regional economic benefits and an increase in the global economic competitiveness of the United States;
(C) reduce highway or freight congestion and bottlenecks;
(D) improve connectivity between modes of freight transportation;
(E) enhance the resiliency of critical highway or freight infrastructure and help protect the environment;
(F) improve roadways vital to national energy security, including highways that support movement of energy equipment; and
(G) address the impact of population growth on the movement of people and freight.
(b)
(1)
(2)
(3)
(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.
(c)
(1)
(A) A State or a group of States.
(B) A metropolitan planning organization that serves an urbanized area (as defined by the Bureau of the Census) with a population of more than 200,000 individuals.
(C) A unit of local government or a group of local governments.
(D) A political subdivision of a State or local government.
(E) A special purpose district or public authority with a transportation function, including a port authority.
(F) A Federal land management agency that applies jointly with a State or group of States.
(G) A tribal government or a consortium of tribal governments.
(H) A multistate corridor organization.
(I) A multistate or multijurisdictional group of entities described in this paragraph.
(2)
(d)
(1)
(A) is—
(i) a highway freight project carried out on the National Highway Freight Network established under section 167;
(ii) a highway or bridge project carried out on the National Highway System, including—
(I) a project to add capacity to the Interstate System to improve mobility; or
(II) a project in a national scenic area;
(iii) a freight project that is—
(I) a freight intermodal or freight rail project; or
(II) within the boundaries of a public or private freight rail, water (including ports), or intermodal facility and that is a surface transportation infrastructure project necessary to facilitate direct intermodal interchange, transfer, or access into or out of the facility;
(iv) a railway-highway grade crossing or grade separation project;
(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
(B) has eligible project costs that are reasonably anticipated to equal or exceed the lesser of—
(i) $100,000,000; or
(ii) in the case of a project—
(I) located in 1 State, 30 percent of the amount apportioned under this chapter to the State in the most recently completed fiscal year; or
(II) located in more than 1 State, 50 percent of the amount apportioned under this chapter to the participating State with the largest apportionment under this chapter in the most recently completed fiscal year.
(2)
(A)
(i) the project will make a significant improvement to freight movements on the National Highway Freight Network; and
(ii) the Federal share of the project funds only elements of the project that provide public benefits.
(B)
(i) shall not apply to a railway-highway grade crossing or grade separation project; and
(ii) with respect to a multimodal project, shall apply only to the non-highway portion or portions of the project.
(e)
(1)
(2)
(3)
(A) the cost effectiveness of the proposed project;
(B) the effect of the proposed project on mobility in the State and region in which the project is carried out; and
(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.
(4)
(f)
(1) development phase activities, including planning, feasibility analysis, revenue forecasting, environmental review, preliminary engineering and design work, and other preconstruction activities; and
(2) construction, reconstruction, rehabilitation, acquisition of real property (including land related to the project and improvements to the land), environmental mitigation (including a project to replace or rehabilitate a culvert, or to reduce stormwater runoff for the purpose of improving habitat for aquatic species), construction contingencies, acquisition of equipment, and operational improvements directly related to improving system performance.
(g)
(1) the project will generate national or regional economic, mobility, or safety benefits;
(2) the project will be cost effective;
(3) the project will contribute to the accomplishment of 1 or more of the national goals described under section 150 of this title;
(4) the project is based on the results of preliminary engineering;
(5) with respect to related non-Federal financial commitments—
(A) 1 or more stable and dependable sources of funding and financing are available to construct, maintain, and operate the project; and
(B) contingency amounts are available to cover unanticipated cost increases;
(6) the project cannot be easily and efficiently completed without other Federal funding or financial assistance available to the project sponsor; and
(7) the project is reasonably expected to begin construction not later than 18 months after the date of obligation of funds for the project.
(h)
(1) utilization of nontraditional financing, innovative design and construction techniques, or innovative technologies;
(2) utilization of non-Federal contributions;
(3) contributions to geographic diversity among grant recipients, including the need for a balance between the needs of rural and urban communities;
(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.
(i)
(1)
(2)
(3)
(j)
(1)
(A)
(B)
(2)
(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 assistance provided for a project receiving a grant under this section may not exceed 80 percent of the total project cost.
(3)
(k)
(1)
(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)
(A)
(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)
(C)
(3)
(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).
(l)
(m)
(n)
(1)
(A) an evaluation and justification for the applicable project; and
(B) a description of the amount of the proposed grant award.
(2)
(o)
(1)
(2)
(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)
(A)
(B)
(p)
(1)
(A)
(B)
(C)
(D)
(2)
(A)
(B)
(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)
(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)
(1)
(2)
(3)
(A)
(B)
(i)
(ii)
(4)
(A)
(B)
(5)
(A)
(i)
(ii)
(I) the requirements of subsection (e) shall apply; and
(II) the requirements of subsection (g) shall not apply.
(B)
(i)
(ii)
(6)
(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)
(s)
(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.
(Added Pub. L. 114–94, div. A, title I, §1105(a), Dec. 4, 2015, 129 Stat. 1332; amended Pub. L. 116–159, div. B, title I, §1102, Oct. 1, 2020, 134 Stat. 726; Pub. L. 117–58, div. A, title I, §11110(a), Nov. 15, 2021, 135 Stat. 468.)
The date of enactment of the Surface Transportation Reauthorization Act of 2021 and the date of enactment of this subsection, referred to in subsecs. (p)(2)(B), (3) and (q)(6), are the date of enactment of div. A of Pub. L. 117–58, which was approved Nov. 15, 2021.
A prior section 117, added Pub. L. 105–178, title I, §1601(a), June 9, 1998, 112 Stat. 255; amended Pub. L. 106–346, §101(a) [title III, §363], Oct. 23, 2000, 114 Stat. 1356, 1356A–36; Pub. L. 109–59, title I, §1701(a)–(d), Aug. 10, 2005, 119 Stat. 1254–1256; Pub. L. 110–244, title I, §101(k), June 6, 2008, 122 Stat. 1574, related to high priority projects program, prior to repeal by Pub. L. 112–141, div. A, title I, §1519(b)(1)(A), July 6, 2012, 126 Stat. 575, effective Oct. 1, 2012.
Another prior section 117, Pub. L. 85–767, Aug. 27, 1958, 72 Stat. 897; Pub. L. 93–87, title I, §116(a), Aug. 13, 1973, 87 Stat. 258; Pub. L. 94–280, title I, §116, May 5, 1976, 90 Stat. 436; Pub. L. 97–449, §5(d)(1), Jan. 12, 1983, 96 Stat. 2442; Pub. L. 102–240, title I, §1016(f)(2), Dec. 18, 1991, 105 Stat. 1946, related to certification acceptance, prior to repeal by Pub. L. 105–178, title I, §1601(a), June 9, 1998, 112 Stat. 255.
2021—Pub. L. 117–58, §11110(a)(1), inserted "multimodal" before "freight" in section catchline.
Subsec. (a)(2)(A). Pub. L. 117–58, §11110(a)(2)(A), inserted "in and across rural and urban areas" after "people".
Subsec. (a)(2)(C). Pub. L. 117–58, §11110(a)(2)(B), inserted "or freight" after "highway".
Subsec. (a)(2)(E). Pub. L. 117–58, §11110(a)(2)(C), inserted "or freight" after "highway".
Subsec. (a)(2)(F). Pub. L. 117–58, §11110(a)(2)(D), inserted ", including highways that support movement of energy equipment" after "security".
Subsec. (b)(3). Pub. L. 117–58, §11110(a)(3), added par. (3).
Subsec. (c)(1)(H), (I). Pub. L. 117–58, §11110(a)(4), added subpar. (H) and redesignated former subpar. (H) as (I).
Subsec. (d)(1)(A)(v) to (viii). Pub. L. 117–58, §11110(a)(5)(A), added cls. (v) to (viii).
Subsec. (d)(2)(A). Pub. L. 117–58, §11110(a)(5)(B)(ii), which directed substitution of "each of fiscal years 2022 through 2026" for "fiscal years 2016 through 2020, in the aggregate," in introductory provisions, was executed by making the substitution for "fiscal years 2016 through 2021, in the aggregate," to reflect the probable intent of Congress and the intervening amendment by Pub. L. 116–159. See 2020 Amendment note below.
Pub. L. 117–58, §11110(a)(5)(B)(i), substituted "30 percent" for "$600,000,000" in introductory provisions.
Subsec. (e)(1). Pub. L. 117–58, §11110(a)(6)(A), substituted "not less than 15 percent" for "10 percent".
Subsec. (e)(3)(C). Pub. L. 117–58, §11110(a)(6)(B), added subpar. (C).
Subsec. (e)(4). Pub. L. 117–58, §11110(a)(6)(C), added par. (4).
Subsec. (f)(2). Pub. L. 117–58, §11110(a)(7), inserted "(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".
Subsec. (h)(4) to (6). Pub. L. 117–58, §11110(a)(8), added pars. (4) to (6).
Subsec. (i)(2). Pub. L. 117–58, §11110(a)(9), substituted "grants under subsection (e)" for "other grants under this section".
Subsec. (j). Pub. L. 117–58, §11110(a)(10)(A), substituted "Federal Assistance" for "Federal Share" in heading.
Subsec. (j)(1). Pub. L. 117–58, §11110(a)(10)(A), (B), substituted "Federal share" for "In general" in par. heading, designated existing provisions as subpar. (A), inserted subpar. heading, and substituted "Except as provided in subparagraph (B) or for a grant under subsection (q), the Federal share" for "The Federal share", and added subpar. (B).
Subsec. (j)(2). Pub. L. 117–58, §11110(a)(10)(C), substituted "Except for grants under subsection (q), Federal assistance other" for "Federal assistance other", inserted dash after "except that", added subpar. (A), and inserted subpar. (B) designation and "for a State not described in subparagraph (A)," before "the total Federal".
Subsecs. (k) to (n). Pub. L. 117–58, §11110(a)(11), (12), added subsec. (k) and redesignated former subsecs. (k) to (m) as (l) to (n), respectively. Former subsec. (n) redesignated (p) and subsequently struck out.
Subsec. (n)(1). Pub. L. 117–58, §11110(a)(13), added par. (1) and struck out former par. (1) which related to congressional notification regarding certain grants.
Subsec. (o). Pub. L. 117–58, §11110(a)(14), added subsec. (o).
Subsec. (p). Pub. L. 117–58, §11110(a)(11), (15), redesignated subsec. (n) as (p), struck it out, and added a new subsec. (p). Prior to amendment, subsec. related to annual reports on projects by the Secretary and assessments and reports by the Comptroller General.
Subsecs. (q) to (s). Pub. L. 117–58, §11110(a)(15), added subsecs. (q) to (s).
2020—Subsec. (d)(2)(A). Pub. L. 116–159 substituted "$600,000,000" for "$500,000,000" and "2021" for "2020" in introductory provisions.
Amendment by Pub. L. 117–58 effective Oct. 1, 2021, see section 10003 of Pub. L. 117–58, set out as a note under section 101 of this title.
Section effective Oct. 1, 2015, see section 1003 of Pub. L. 114–94, set out as an Effective Date of 2015 Amendment note under section 5313 of Title 5, Government Organization and Employees.
Pub. L. 117–58, div. A, title I, §11110(c), Nov. 15, 2021, 135 Stat. 475, provided that:
"(1)
"(2)
"(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."