Sec. 1106. Surface transportation block grant program
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Congress finds that— the benefits of the surface transportation block grant program accrue principally to the residents of each State and municipality where the funds are obligated; decisions about how funds should be obligated are best determined by the States and municipalities to respond to unique local circumstances and implement the most efficient solutions; and reforms of the program to promote flexibility will enhance State and local control over transportation decisions. Section 133 of title 23, United States Code, is amended— by striking subsections (a), (b), (c), and
(d)and inserting the following: The Secretary shall establish a surface transportation block grant program in accordance with this section to provide flexible funding to address State and local transportation needs. Funds apportioned to a State under section 104(b)(2) for the surface transportation block grant program may be obligated for the following: Construction of— highways, bridges, tunnels, including designated routes of the Appalachian development highway system and local access roads under section 14501 of title 40; ferry boats and terminal facilities eligible for funding under section 129(c); transit capital projects eligible for assistance under chapter 53 of title 49; infrastructure-based intelligent transportation systems capital improvements; truck parking facilities eligible for funding under section 1401 of MAP–21 ( 23 U.S.C. 137 note); and border infrastructure projects eligible for funding under section 1303 of SAFETEA–LU ( 23 U.S.C. 101 note). Operational improvements and capital and operating costs for traffic monitoring, management, and control facilities and programs. Environmental measures eligible under sections 119(g), 328, and 329 and transportation control measures listed in section 108(f)(1)(A) (other than clause
(xvi)of that section) of the Clean Air Act ( 42 U.S.C. 7408(f)(1)(A) ). Highway and transit safety infrastructure improvements and programs, including railway-highway grade crossings. Fringe and corridor parking facilities and programs in accordance with section 137 and carpool projects in accordance with section 146. Recreational trails projects eligible for funding under section 206, pedestrian and bicycle projects in accordance with section 217 (including modifications to comply with accessibility requirements under the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12101 et seq. )), and the safe routes to school program under section 1404 of SAFETEA–LU ( 23 U.S.C. 402 note). Planning, design, or construction of boulevards and other roadways largely in the right-of-way of former Interstate System routes or other divided highways. Development and implementation of a State asset management plan for the National Highway System and a performance-based management program for other public roads. Protection (including painting, scour countermeasures, seismic retrofits, impact protection measures, security countermeasures, and protection against extreme events) for bridges (including approaches to bridges and other elevated structures) and tunnels on public roads, and inspection and evaluation of bridges and tunnels and other highway assets. Surface transportation planning programs, highway and transit research and development and technology transfer programs, and workforce development, training, and education under chapter 5 of this title. Surface transportation infrastructure modifications to facilitate direct intermodal interchange, transfer, and access into and out of a port terminal. Projects and strategies designed to support congestion pricing, including electronic toll collection and travel demand management strategies and programs. At the request of a State, and upon Secretarial approval of credit assistance under chapter 6, subsidy and administrative costs necessary to provide an eligible entity Federal credit assistance under chapter 6 with respect to a project eligible for assistance under this section. The creation and operation by a State of an office to assist in the design, implementation, and oversight of public-private partnerships eligible to receive funding under this title and chapter 53 of title 49, and the payment of a stipend to unsuccessful private bidders to offset their proposal development costs, if necessary to encourage robust competition in public-private partnership procurements. Any type of project eligible under this section as in effect on the day before the date of enactment of the Surface Transportation Reauthorization and Reform Act of 2015, including projects described under section 101(a)(29) as in effect on such day. A surface transportation block grant project may not be undertaken on a road functionally classified as a local road or a rural minor collector unless the road was on a Federal-aid highway system on January 1, 1991, except— for a bridge or tunnel project (other than the construction of a new bridge or tunnel at a new location); for a project described in paragraphs
(4)through
(11)of subsection (b); for a project described in section 101(a)(29), as in effect on the day before the date of enactment of the Surface Transportation Reauthorization and Reform Act of 2015; and as approved by the Secretary. Of the funds apportioned to a State under section 104(b)(2) (after the reservation of funds under subsection (h))— the percentage specified in paragraph
(6)for a fiscal year shall be obligated under this section, in proportion to their relative shares of the population of the State— in urbanized areas of the State with an urbanized area population of over 200,000; in areas of the State other than urban areas with a population greater than 5,000; and in other areas of the State; and the remainder may be obligated in any area of the State. Funds attributed to an urbanized area under paragraph (1)(A)(i) may be obligated in the metropolitan area established under section 134 that encompasses the urbanized area. For purposes of paragraph (1)(A)(iii), before obligating funding attributed to an area with a population greater than 5,000 and less than 200,000, a State shall consult with the regional transportation planning organizations that represent the area, if any. Except as provided in subparagraph (B), the amount of funds that a State is required to obligate under paragraph (1)(A)(i) shall be obligated in urbanized areas described in paragraph (1)(A)(i) based on the relative population of the areas. The State may obligate the funds described in subparagraph
(A)based on other factors if the State and the relevant metropolitan planning organizations jointly apply to the Secretary for the permission to base the obligation on other factors and the Secretary grants the request. Programming and expenditure of funds for projects under this section shall be consistent with sections 134 and 135. The percentage referred to in paragraph (1)(A) is— for fiscal year 2016, 51 percent; for fiscal year 2017, 52 percent; for fiscal year 2018, 53 percent; for fiscal year 2019, 54 percent; for fiscal year 2020, 55 percent; and for fiscal year 2021, 55 percent. ; by striking the section heading and inserting ; Surface transportation block grant program by striking subsection (e); by redesignating subsections
(f)through
(h)as subsections
(e)through (g), respectively; in subsection (e)(1), as redesignated by this subsection— by striking 104(b)(3) and inserting 104(b)(2) ; and by striking fiscal years 2011 through 2014 and inserting fiscal years 2016 through 2021 ; in subsection (g)(1), as redesignated by this subsection, by striking under subsection (d)(1)(A)(iii) for each of fiscal years 2013 through 2014 and inserting under subsection (d)(1)(A)(ii) for each of fiscal years 2016 through 2021 ; and by adding at the end the following: Of the funds apportioned to a State under section 104(b)(2) for each fiscal year, the Secretary shall reserve an amount such that— the Secretary reserves a total of $819,900,000 under this subsection; and the State’s share of that total is determined by multiplying the amount under subparagraph
(A)by the ratio that— the amount apportioned to the State for the transportation enhancements program for fiscal year 2009 under section 133(d)(2), as in effect on the day before the date of enactment of MAP–21; bears to the total amount of funds apportioned to all States for the transportation enhancements program for fiscal year 2009. Funds reserved for a State under paragraph
(1)shall be obligated within that State in the manner described in subsection (d), except that, for purposes of this paragraph (after funds are made available under paragraph (5))— for each fiscal year, the percentage referred to in paragraph (1)(A) of that subsection shall be deemed to be 50 percent; and the following provisions shall not apply: Paragraph
(3)of subsection (d). Subsection (e). Funds reserved under this subsection may be obligated for projects or activities described in section 101(a)(29) or 213, as such provisions were in effect on the day before the date of enactment of the Surface Transportation Reauthorization and Reform Act of 2015. 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. A metropolitan planning organization for an area described in subsection (d)(1)(A)(i) shall select projects under such process in consultation with the relevant State. In this paragraph, the term eligible entity means— a local government; a regional transportation authority; a transit agency; a natural resource or public land agency; a school district, local education agency, or school; a tribal government; and any other local or regional governmental entity with responsibility for or oversight of transportation or recreational trails (other than a metropolitan planning organization or a State agency) that the State determines to be eligible, consistent with the goals of this subsection. For each fiscal year, a State shall— obligate an amount of funds reserved under this section equal to the amount of the funds apportioned to the State for fiscal year 2009 under section 104(h)(2), as in effect on the day before the date of enactment of MAP–21, for projects relating to recreational trails under section 206; return 1 percent of those funds to the Secretary for the administration of that program; and comply with the provisions of the administration of the recreational trails program under section 206, including the use of apportioned funds described in subsection (d)(3)(A) of that section. A State may opt out of the recreational trails program under paragraph
(5)if the Governor of the State notifies the Secretary not later than 30 days prior to apportionments being made for any fiscal year. A metropolitan planning area may use not to exceed 50 percent of the funds reserved under this subsection for an urbanized area described in subsection (d)(1)(A)(i) for any purpose eligible under subsection (b). Notwithstanding any other provision of law, projects funded under this section (excluding those carried out under subsection (h)(5)) shall be treated as projects on a Federal-aid highway under this chapter. . Section 126(b)(2) of title 23, United States Code, is amended— by striking section 213 and inserting section 133(h) ; and by striking section 213(c)(1)(B) and inserting section 133(h) . Section 213 of title 23, United States Code, is repealed. Section 322(h)(3) of title 23, United States Code, is amended by striking surface transportation program and inserting surface transportation block grant program . Section 504(a)(4) of title 23, United States Code, is amended— by striking 104(b)(3) and inserting 104(b)(2) ; and by striking surface transportation program and inserting surface transportation block grant program . Chapter 1 of title 23, United States Code, is amended by striking surface transportation program each place it appears and inserting surface transportation block grant program . The analysis for chapter 1 of title 23, United States Code, is amended by striking the item relating to section 133 and inserting the following: 133. Surface transportation block grant program. . The item relating to section 213 in the analysis for chapter 2 of title 23, United States Code, is repealed. Any reference in any other law, regulation, document, paper, or other record of the United States to the surface transportation program under section 133 of title 23, United States Code, shall be deemed to be a reference to the surface transportation block grant program under such section.
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Sec. 1106
Surface transportation block grant program
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