Sec. 11004. Surface transportation program
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Section 133 of title 23, United States Code, is amended— in subsection (b)— in paragraph (10), by inserting , including emergency evacuation plans after programs ; and in paragraph (13), by adding a period at the end; in subsection (c)— in paragraph (1), by striking the semicolon at the end and inserting or for projects described in paragraphs (2), (4), (6), (7), (11), (20), (25), and
(26)of subsection (b); and ; by striking paragraph (2); and by redesignating paragraph
(3)as paragraph (2); in subsection (d)— in paragraph (1)— in subparagraph (A)— in the matter preceding clause (i), by striking 50 percent and inserting 55 percent ; and in clause (ii), by striking greater than 5,000 and inserting of 5,000 or more ; and in subparagraph (B), by striking 50 percent and inserting 45 percent ; and in paragraph (3)— by striking paragraph (1)(A)(ii) and inserting paragraph (1)(A)(iii) ; and by striking greater than 5,000 and less than 200,000 and inserting of 5,000 to 200,000 ; in subsection (f)(1)— by striking 104(b)(3) and inserting 104(b)(2) ; and by striking the period of fiscal years 2011 through 2014 and inserting each fiscal year ; by redesignating subsection
(h)as subsection (i); in subsection (g)— by striking the subsection designation and heading and all that follows through paragraph
(1)and inserting the following: In this subsection, the term off-NHS bridge means a highway bridge located on a public road, other than a bridge on the National Highway System. ; and in paragraph (2)— by striking subparagraph
(A)and inserting the following: Each State shall obligate for replacement (including replacement with fill material), rehabilitation, preservation, and protection (including scour countermeasures, seismic retrofits, impact protection measures, security countermeasures, and protection against extreme events) for off-NHS bridges an amount equal to the greater of— 15 percent of the amount apportioned to the State under section 104(b)(2); and an amount equal to at least 110 percent of the amount of funds set aside for bridges not on Federal-aid highways in the State for fiscal year 2014. ; in subparagraph (B), by striking off-system and inserting off-NHS ; and by adding at the end the following: Each State shall obligate an amount equal to not less than 50 percent of the amount set aside under subparagraph
(A)for off-NHS bridges located on public roads that are not Federal-aid highways. ; and by redesignating paragraph
(3)as subsection (h); in subsection
(h)(as so redesignated)— by striking the heading and inserting ; Credit for bridges not on the National Highway System .— by redesignating subparagraphs
(A)and
(B)as paragraphs
(1)and (2), respectively, and indenting appropriately; and in the matter preceding paragraph
(1)(as so redesignated)— by striking the replacement of a bridge or rehabilitation of ; and by striking , and is determined by the Secretary upon completion to be no longer a deficient bridge ; in subsection (i)(1) (as redesignated by paragraph (5)), 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 fiscal year ; and by adding at the end the following: After consultation with relevant transportation planning organizations, the Governor of a State that shares a land border with Canada or Mexico may designate for each fiscal year not more than 5 percent of funds made available to the State under subsection (d)(1)(B) for border infrastructure projects eligible under section 1303 of SAFETEA–LU ( 23 U.S.C. 101 note; Public Law 109–59 ). Funds designated under this subsection shall be available under the requirements of section 1303 of SAFETEA–LU ( 23 U.S.C. 101 note; Public Law 109–59 ). Before making a designation under paragraph (1), the Governor shall certify that the designation is consistent with transportation planning requirements under this title. Not later than 30 days after making a designation under paragraph (1), the Governor shall submit to the relevant transportation planning organizations within the border region a written notification of any suballocated or distributed amount of funds available for obligation by jurisdiction. This subsection applies only to funds apportioned to a State after the date of enactment of the DRIVE Act . A designation under paragraph
(1)shall— be submitted to the Secretary not later than 30 days before the beginning of the fiscal year for which the designation is being made; and remain in effect for the funds designated under paragraph
(1)for a fiscal year until the Governor of the State notifies the Secretary of the termination of the designation. On the date of a termination under paragraph (6)(B), all remaining unobligated funds that were designated under paragraph
(1)for the fiscal year for which the designation is being terminated shall be made available to the State for the purposes described in subsection (d)(1)(B). .
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- Pub. L. 109-59
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