Sec. 43001. National highway freight program
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Section 167 of title 23, United States Code, is amended to read as follows: It is the policy of the United States to improve the condition and performance of the national highway freight network to ensure that the national freight network provides the foundation for the United States to compete in the global economy and achieve each goal described in subsection (b). In support of the goals described in subsection (b), the Federal Highway Administrator (referred to in this section as the Administrator ) shall establish a national highway freight program in accordance with this section to improve the efficient movement of freight on the national highway freight network.
The goals of the national highway freight program are— to invest in infrastructure improvements and to implement operational improvements on the highways of the United States that— strengthen the contribution of the national highway freight network to the economic competitiveness of the United States; reduce congestion and relieve bottlenecks in the freight transportation system; reduce the cost of freight transportation; improve the reliability of freight transportation; and increase productivity, particularly for domestic industries and businesses that create high-value jobs; to improve the safety, security, efficiency, and resiliency of freight transportation in rural and urban areas; to improve the state of good repair of the national highway freight network; to use advanced technology to improve the safety and efficiency of the national highway freight network; to incorporate concepts of performance, innovation, competition, and accountability into the operation and maintenance of the national highway freight network; to improve the efficiency and productivity of the national highway freight network; and to reduce the environmental impacts of freight movement.
The Administrator shall establish a national highway freight network in accordance with this section to assist States in strategically directing resources toward improved system performance for efficient movement of freight on highways. The national highway freight network shall consist of— the primary highway freight system, as designated under subsection (d); critical rural freight corridors established under subsection (e); critical urban freight corridors established under subsection (f); and the portions of the Interstate System not designated as part of the primary highway freight system, including designated future Interstate System routes as of the date of enactment of the DRIVE Act .
The initial designation of the primary highway freight system shall be— the network designated by the Secretary under section 167(d) of title 23, United States Code, as in effect on the day before the date of enactment of the DRIVE Act ; and all National Highway System freight intermodal connectors. Beginning on the date that is 1 year after the date of enactment of the DRIVE Act and every 5 years thereafter, using the designation factors described in subparagraph (E), the Administrator shall redesignate the primary highway freight system (including any additional mileage added to the primary highway freight system under this paragraph as of the date on which the redesignation process is effective).
In redesignating the primary highway freight system on the date that is 1 year after the date of enactment of the DRIVE Act , the Administrator shall limit the system to 30,000 centerline miles, without regard to the connectivity of the primary highway freight system. Each redesignation after the redesignation described in clause (i), the Administrator may increase the primary highway freight system by up to 5 percent of the total mileage of the system, without regard to the connectivity of the primary highway freight system.
In redesignating the primary highway freight system, to the maximum extent practicable, the Administrator shall use measurable data to assess the significance of goods movement, including consideration of points of origin, destination, and linking components of the United States global and domestic supply chains. In redesignating the primary highway freight system, the Administrator shall include all National Highway System freight intermodal connectors. In addition to the process provided to State freight advisory committees under paragraph (3), in redesignating the primary highway freight system, the Administrator shall provide an opportunity for State freight advisory committees to submit additional miles for consideration.
In redesignating the primary highway freight system, the Administrator shall consider— the origins and destinations of freight movement in, to, and from the United States; land and water ports of entry; access to energy exploration, development, installation, or production areas; proximity of access to other freight intermodal facilities, including rail, air, water, and pipelines; the total freight tonnage and value moved via highways; significant freight bottlenecks, as identified by the Administrator; the annual average daily truck traffic on principal arterials; and the significance of goods movement on principal arterials, including consideration of global and domestic supply chains.
Not later than 1 year after each redesignation conducted by the Administrator under paragraph (2), each State, under the advisement of the State freight advisory committee, as developed and carried out in accordance with subsection (l), may increase the number of miles designated as part of the primary highway freight system in that State by not more than 10 percent of the miles designated in that State under this subsection if the additional miles— close gaps between primary highway freight system segments; establish connections of the primary highway freight system critical to the efficient movement of goods, including ports, international border crossings, airports, intermodal facilities, logistics centers, warehouses, and agricultural facilities; or designate critical emerging freight routes.
Each State, under the advisement of the State freight advisory committee that increases the number of miles on the primary highway freight system under subparagraph
(A)shall— consider nominations for the additional miles from metropolitan planning organizations within the State; ensure that the additional miles are consistent with the freight plan of the State; and review the primary highway freight system of the State designated under paragraph
(1)and redesignate miles in a manner that is consistent with paragraph (2). Each State, under the advisement of the State freight advisory committee shall— submit to the Administrator a list of the additional miles added under this subsection; and certify that— the additional miles meet the requirements of subparagraph (A); and the State, under the advisement of the State freight advisory committee, has satisfied the requirements of subparagraph (B). A State may designate a public road within the borders of the State as a critical rural freight corridor if the public road— is a rural principal arterial roadway and has a minimum of 25 percent of the annual average daily traffic of the road measured in passenger vehicle equivalent units from trucks (Federal Highway Administration vehicle class 8 to 13); provides access to energy exploration, development, installation, or production areas; connects the primary highway freight system, a roadway described in paragraph
(1)or (2), or the Interstate System to facilities that handle more than— 50,000 20-foot equivalent units per year; or 500,000 tons per year of bulk commodities; provides access to— a grain elevator; an agricultural facility; a mining facility; a forestry facility; or an intermodal facility; connects to an international port of entry; provides access to significant air, rail, water, or other freight facilities in the State; or is, in the determination of the State, vital to improving the efficient movement of freight of importance to the economy of the State. In an urbanized area with a population of 500,000 or more individuals, the representative metropolitan planning organization, in consultation with the State, may designate a public road within the borders of that area of the State as a critical urban freight corridor. In an urbanized area with a population of less than 500,000 individuals, the State, in consultation with the representative metropolitan planning organization, may designate a public road within the borders of that area of the State as a critical urban freight corridor. A designation may be made under paragraphs
(1)or
(2)if the public road— is in an urbanized area, regardless of population; and connects an intermodal facility to— the primary highway freight network; the Interstate System; or an intermodal freight facility; is located within a corridor of a route on the primary highway freight network and provides an alternative highway option important to goods movement; serves a major freight generator, logistic center, or manufacturing and warehouse industrial land; or is important to the movement of freight within the region, as determined by the metropolitan planning organization or the State. States and metropolitan planning organizations may designate corridors under subsections
(e)and
(f)and submit the designated corridors to the Administrator on a rolling basis. Each State or metropolitan planning organization that designates a corridor under subsection
(e)or
(f)shall certify to the Administrator that the designated corridor meets the requirements of the applicable subsection. Not later than 2 years after the date of enactment of the DRIVE Act and biennially thereafter, the Administrator shall prepare and submit to Congress a report that describes the conditions and performance of the national highway freight network in the United States. A State shall obligate funds apportioned to the State under section 104(b)(5) to improve the movement of freight on the national highway freight network. The Administrator shall calculate for each State the proportion that— the total mileage in the State designated as part of the primary highway freight system; bears to the total mileage of the primary highway freight system in all States. If the proportion of a State under paragraph
(2)is greater than or equal to 3 percent, the State may obligate funds apportioned to the State under section 104(b)(5) for projects on— the primary highway freight system; critical rural freight corridors; and critical urban freight corridors. If the proportion of a State under paragraph
(2)is less than 3 percent, the State may obligate funds apportioned to the State under section 104(b)(5) for projects on any component of the national highway freight network. Notwithstanding any other provision of law, effective beginning 2 years after the date of enactment of the DRIVE Act , a State may not obligate funds apportioned to the State under section 104(b)(5) unless the State has— established a freight advisory committee in accordance with section 5405 of title 49; and developed a freight plan in accordance with section 5406 of title 49, except that the multimodal component of the plan may be incomplete before an obligation may be made under this section. Except as provided in this subsection, for a project to be eligible for funding under this section the project shall— contribute to the efficient movement of freight on the national highway freight network; and be consistent with a freight investment plan included in a freight plan of the State that is in effect. A State may obligate not more than 10 percent of the total apportionment of the State under section 104(b)(5) for projects— within the boundaries of public and private freight rail, water facilities (including ports), and intermodal facilities; and that provide surface transportation infrastructure necessary to facilitate direct intermodal interchange, transfer, and access into and out of the facility. Funds apportioned to the State under section 104(b)(5) for the national highway freight program may be obligated to carry out 1 or more of the following: Development phase activities, including planning, feasibility analysis, revenue forecasting, environmental review, preliminary engineering and design work, and other preconstruction activities. Construction, reconstruction, rehabilitation, acquisition of real property (including land relating to the project and improvements to land), construction contingencies, acquisition of equipment, and operational improvements directly relating to improving system performance. Intelligent transportation systems and other technology to improve the flow of freight, including intelligent freight transportation systems. Efforts to reduce the environmental impacts of freight movement. Environmental and community mitigation of freight movement. Railway-highway grade separation. Geometric improvements to interchanges and ramps. Truck-only lanes. Climbing and runaway truck lanes. Adding or widening of shoulders. Truck parking facilities eligible for funding under section 1401 of MAP–21 ( 23 U.S.C. 137 note; Public Law 112–141 ). Real-time traffic, truck parking, roadway condition, and multimodal transportation information systems. Electronic screening and credentialing systems for vehicles, including weigh-in-motion truck inspection technologies. Traffic signal optimization, including synchronized and adaptive signals. Work zone management and information systems. Highway ramp metering. Electronic cargo and border security technologies that improve truck freight movement. Intelligent transportation systems that would increase truck freight efficiencies inside the boundaries of intermodal facilities. Additional road capacity to address highway freight bottlenecks. A highway project, other than a project described in clauses
(i)through (xix), to improve the flow of freight on the national highway freight network. Any other surface transportation project to improve the flow of freight into and out of a facility described in subparagraph (B). In addition to the eligible projects identified in paragraph (5), a State may use funds apportioned under section 104(b)(5) for— carrying out diesel retrofit or alternative fuel projects under section 149 for class 8 vehicles; and the necessary costs of— conducting analyses and data collection related to the national highway freight program; developing and updating performance targets to carry out this section; and reporting to the Administrator to comply with section 150. Programming and expenditure of funds for projects under this section shall be consistent with the requirements of sections 134 and 135. If the Administrator determines that a State has not met or made significant progress toward meeting the performance targets related to freight movement of the State established under section 150(d) by the date that is 2 years after the date of the establishment of the performance targets, until the date on which the Administrator determines that the State has met or has made significant progress towards meeting the performance targets, the State shall submit to the Administrator, on a biennial basis, a freight performance improvement plan that includes— an identification of significant freight system trends, needs, and issues within the State; a description of the freight policies and strategies that will guide the freight-related transportation investments of the State; an inventory of freight bottlenecks within the State and a description of the ways in which the State is allocating the national highway freight program funds to improve those bottlenecks; and a description of the actions the State will undertake to meet the performance targets of the State. Not later than 2 years after the date of enactment of the DRIVE Act , the Administrator shall submit to Congress a report that contains— a study of freight projects identified in State freight plans under section 5406 of title 49; and an evaluation of multimodal freight projects included in the State freight plans, or otherwise identified by States, that are subject to the limitation of funding for such projects under this section. A State freight advisory committee shall be carried out as described in section 5405 of title 49. A State freight plan shall be carried out as described in section 5406 of title 49. In this section, the term intelligent freight transportation system means— an innovative or intelligent technological transportation system, infrastructure, or facilities, including electronic roads, driverless trucks, elevated freight transportation facilities, and other intelligent freight transportation systems; and a communications or information processing system used singly or in combination for dedicated intelligent freight lanes and conveyances that improve the efficiency, security, or safety of freight on the Federal-aid highway system or that operate to convey freight or improve existing freight movements. An intelligent freight transportation system shall be located— along existing Federal-aid highways; or in a manner that connects ports-of-entry to existing Federal-aid highways; and in proximity to, or within, an existing right-of-way on a Federal-aid highway. The Administrator of the Federal Highway Administration shall determine the need for establishing operating standards for intelligent freight transportation systems. Notwithstanding any other provision of law, a freight project carried out under this section shall be treated as if the project were on a Federal-aid highway. . The analysis for chapter 1 of title 23, United States Code, is amended by adding at the end the following: 167. National highway freight program. Sections 1116, 1117, and 1118 of MAP–21 ( 23 U.S.C. 167 note; Public Law 112–141 ) are repealed.
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- Pub. L. 112-141
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