Sec. 1111. Nationally significant freight and highway projects
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Title 23, United States Code, is amended by inserting after section 116 the following: There is established a nationally significant freight and highway projects program to provide financial assistance for projects of national or regional significance that will— improve the safety, efficiency, and reliability of the movement of freight and people; generate national or regional economic benefits and an increase in the global economic competitiveness of the United States; reduce highway congestion and bottlenecks; improve connectivity between modes of freight transportation; or enhance the resiliency of critical highway infrastructure, including highway infrastructure that supports national energy security.
In carrying out the program established in subsection (a), the Secretary may make grants, on a competitive basis, in accordance with this section. The Secretary may make a grant under this section to the following: A State or group of States. 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. A unit of local government. A special purpose district or public authority with a transportation function, including a port authority.
A Federal land management agency that applies jointly with a State or group of States. To be eligible for a grant under this section, an entity specified in paragraph
(1)shall submit to the Secretary an application in such form, at such time, and containing such information as the Secretary determines is appropriate. Except as provided in subsection (h), the Secretary may make a grant under this section only for a project that— is— a freight project carried out on the National Highway Freight Network established under section 167 of this title; a highway or bridge project carried out on the National Highway System, including— a project to add capacity to the Interstate System to improve mobility; and a project in a national scenic area; an intermodal or rail freight project carried out on the National Multimodal Freight Network established under section 70103 of title 49; or a railway-highway grade crossing or grade separation project; and has eligible project costs that are reasonably anticipated to equal or exceed the lesser of— $100,000,000; or in the case of a project— located in 1 State, 30 percent of the amount apportioned under this chapter to the State in the most recently completed fiscal year; or 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. Not more than $500,000,000 of the amounts made available for grants under this section for fiscal years 2016 through 2021, in the aggregate, may be used to make grants for projects described in paragraph (1)(A)(iii) and such a project may only receive a grant under this section if— the project will make a significant improvement to freight movements on the National Highway Freight Network; and the Federal share of the project funds only elements of the project that provide public benefits. The limitation under subparagraph
(A)shall— not apply to a railway-highway grade crossing or grade separation project; and with respect to a multimodal project, shall apply only to the non-highway portion or portions of the project. Grant amounts received for a project under this section may be used for— development phase activities, including planning, feasibility analysis, revenue forecasting, environmental review, preliminary engineering and design work, and other preconstruction activities; and construction, reconstruction, rehabilitation, acquisition of real property (including land related to the project and improvements to the land), environmental mitigation, construction contingencies, acquisition of equipment, and operational improvements. The Secretary may make a grant for a project described under subsection
(d)only if the relevant applicant demonstrates that— the project will generate national or regional economic, mobility, or safety benefits; the project will be cost effective; the project will contribute to the accomplishment of 1 or more of the national goals described under section 150 of this title; the project is based on the results of preliminary engineering; with respect to related non-Federal financial commitments— 1 or more stable and dependable sources of funding and financing are available to construct, maintain, and operate the project; and contingency amounts are available to cover unanticipated cost increases; the project cannot be easily addressed using other funding available to the project sponsor under this chapter; and the project is reasonably expected to begin construction not later than 18 months after the date of obligation of funds for the project. In making a grant under this section, the Secretary shall consider— the extent to which a project utilizes nontraditional financing, innovative design and construction techniques, or innovative technologies; the amount and source of non-Federal contributions with respect to the proposed project; and the need for geographic diversity among grant recipients, including the need for a balance between the needs of rural and urban communities. The Secretary shall reserve not less than 10 percent of the amounts made available for grants under this section each fiscal year to make grants for projects described in subsection (d)(1)(A) that do not satisfy the minimum threshold under subsection (d)(1)(B). Each grant made under this subsection shall be in an amount that is at least $5,000,000. In addition to other applicable requirements, in making grants under this subsection the Secretary shall consider— the cost effectiveness of the proposed project; and the effect of the proposed project on mobility in the State and region in which the project is carried out. In any fiscal year in which qualified applications for grants under this subsection will not allow for the amount reserved under paragraph
(1)to be fully utilized, the Secretary shall use the unutilized amounts to make other grants under this section. The Secretary shall reserve not less than 20 percent of the amounts made available for grants under this section, including the amounts made available under paragraph (1), each fiscal year to make grants for projects located in rural areas. The Federal share of the cost of a project assisted with a grant under this section may not exceed 50 percent. Funds apportioned to a State under section 104(b)(1) or 104(b)(2) may be used to satisfy the non-Federal share of the cost of a project for which a grant is made under this section so long as the total amount of Federal funding for the project does not exceed 80 percent of project costs. Two or more entities specified in subsection (c)(1) may combine, pursuant to an agreement entered into by the entities, any part of the amounts provided to the entities from grants under this section for a project for which the relevant grants were made if— the agreement will benefit each entity entering into the agreement; and the agreement is not in violation of a law of any such entity. Notwithstanding any other provision of law, a freight project carried out under this section shall be treated as if the project is located on a Federal-aid highway. At the request of an eligible applicant under this section, the Secretary may use amounts awarded to the entity to pay subsidy and administrative costs necessary to provide the entity Federal credit assistance under chapter 6 with respect to the project for which the grant was awarded. At least 60 days before making a grant for a project under this section, the Secretary shall notify, in writing, the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate of the proposed grant. The notification shall include an evaluation and justification for the project and the amount of the proposed grant award. The Secretary may not make a grant or any other obligation or commitment to fund a project under this section if a joint resolution is enacted disapproving funding for the project before the last day of the 60-day period described in paragraph (1). Notwithstanding any other provision of law, or rights granted thereunder, and provided that the requirements of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ) are met, a property owner may develop, construct, operate, and maintain pier, wharf, or other such load-out structures on that property and on or above adjacent beds of the navigable waters of the United States to facilitate the commercial waterborne transportation of domestic aggregate that may supply an eligible project under this section, including salt, sand, and gravel, from reserves located within ten miles of the property. . The analysis for chapter 1 of title 23, United States Code, is amended by inserting after the item relating to section 116 the following: 117. Nationally significant freight and highway projects. . Section 1301 of SAFETEA–LU ( 23 U.S.C. 101 note), and the item relating to that section in the table of contents in section 1(b) of such Act, are repealed.
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