Sec. 44002. Grants

2,157 words·~10 min read·/bill/114/hr/22/eas/section-44002

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Chapter 1 of title 23, United States Code, is amended by adding at the end the following: The purpose of the assistance for major projects program shall be the purpose described in section 44001 of the DRIVE Act. In this section— the terms defined in section 44001 of the DRIVE Act shall apply; and the following definitions shall apply: The term Administrator means the Administrator of the Federal Highway Administration. The term eligible project means a surface transportation project, or a program of integrated surface transportation projects closely related in the function the projects perform, that— is a capital project that is eligible for Federal financial assistance under— this title; or chapter 53 of title 49; and except as provided in clause (ii), has eligible project costs that are reasonably anticipated to equal or exceed the lesser of— $350,000,000; and for a project located in a single State, 25 percent of the amount of Federal-aid highway funds apportioned to the State for the most recently completed fiscal year; for a project located in a single rural State with a population density of 80 or fewer persons per square mile based on the most recent decennial census, 10 percent of the amount of Federal-aid highway funds apportioned to the State for the most recently completed fiscal year; or for a project located in more than 1 State, 75 percent of the amount of Federal-aid highway funds apportioned to the participating State that has the largest apportionment for the most recently completed fiscal year.

In the case of a Federal land transportation facility, the term eligible project means a Federal land transportation facility that has eligible project costs that are reasonably anticipated to equal or exceed $150,000,000. The term eligible project costs means the costs of— development phase activities, including planning, feasibility analysis, revenue forecasting, environmental review, preliminary engineering and design work, and other preconstruction activities; and construction, reconstruction, rehabilitation, and acquisition of real property (including land related to the project and improvements to land), environmental mitigation, construction contingencies, acquisition of equipment directly related to improving system performance, and operational improvements.

The Administrator shall establish a program in accordance with this section to provide grants for projects that will have a significant impact on a region or the Nation. The Administrator shall conduct a transparent and competitive national solicitation process to review eligible projects for funding under this section. An eligible applicant shall submit an application to the Administrator in such form as described in and in accordance with section 44001 of the DRIVE Act. The Administrator may select a project for funding under this section only if the Administrator determines that the project— is consistent with the national goals described in section 150(b); will significantly improve the performance of the national surface transportation network, nationally or regionally; is based on the results of preliminary engineering; is consistent with the long-range statewide transportation plan; cannot be readily and efficiently completed without Federal financial assistance; is justified based on the ability of the project to achieve 1 or more of— generation of national economic benefits that reasonably exceed the costs of the project; reduction of long-term congestion, including impacts on a national, regional, and statewide basis; an increase in the speed, reliability, and accessibility of the movement of people or freight; or improvement of transportation safety, including reducing transportation accident and serious injuries and fatalities; and is supported by a sufficient amount of non-Federal funding, including evidence of stable and dependable financing to construct, maintain, and operate the infrastructure facility.

In evaluating a project under this section, in addition to the criteria described in paragraph (1), the Administrator shall consider the extent to which the project— leverages Federal investment by encouraging non-Federal contributions to the project, including contributions from public-private partnerships; is able to begin construction by the date that is not later than 18 months after the date on which the project is selected; incorporates innovative project delivery and financing to the maximum extent practicable; helps maintain or protect the environment; improves roadways vital to national energy security; improves or upgrades designated future Interstate System routes; uses innovative technologies, including intelligent transportation systems, that enhance the efficiency of the project; helps to improve mobility and accessibility; and address the impact of population growth on the movement of people and freight.

In awarding grants under this section, the Administrator shall take measures as described in section 44001 of the DRIVE Act. Except in the case of projects described in paragraph (2), the amount of a grant under this section shall be at least $50,000,000. The amounts made available for a fiscal year under this section for eligible projects located in rural areas or in rural States shall not be— less than 20 percent of the amount made available for the fiscal year under this section; and subject to paragraph (1).

Not more than 20 percent of the funds made available for a fiscal year to carry out this section shall be allocated for projects eligible under section 167(i)(5)(B) or chapter 53 of title 49. Not more than 20 percent of the funds made available for a fiscal year to carry out this section may be awarded to projects in a single State. For purposes of the limitation described in subparagraph (A), funds awarded for a multistate project shall be considered to be distributed evenly to each State.

On the request of an eligible applicant under this section, the Administrator 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. The programming and expenditure of funds for projects under this section shall be consistent with the requirements of sections 134 and 135. If an eligible project that receives a grant under this section has a crossmodal component, the Administrator— shall determine the predominant modal component of the project; and may apply the applicable requirements of that predominant modal component to the project.

For each project funded under this section, the project sponsor shall evaluate system performance and submit to the Administrator a report not later than 5, 10, and 20 years after completion of the project to assess whether the project outcomes have met preconstruction projections. The Administrator shall award grants to eligible projects in a fiscal year based on the criteria described in subsection (e). The Administrator shall provide an annual report as described in section 44001 of the DRIVE Act.

The Comptroller General of the United States shall conduct an assessment as described in section 44001 of the DRIVE Act. . Chapter 54 of subtitle III of title 49, United States Code, as amended by section 42005, is amended by adding after section 5408 the following: The Secretary shall establish and implement an assistance for freight projects grant program for capital investments in major freight transportation infrastructure projects to improve the movement of goods through the transportation network of the United States.

The Secretary may select a project for funding under this section only if the Secretary determines that the project— is consistent with the goals described in section 5402(b); will significantly improve the national or regional performance of the freight transportation network; is based on the results of preliminary engineering; is consistent with the long-range statewide transportation plan; cannot be readily and efficiently completed without Federal financial assistance; is justified based on the ability of the project— to generate national economic benefits that reasonably exceed the costs of the project; to reduce long-term congestion, including impacts on a regional and statewide basis; or to increase the speed, reliability, and accessibility of the movement of freight; and is supported by a sufficient amount of non-Federal funding, including evidence of stable and dependable financing to construct, maintain, and operate the infrastructure facility.

In evaluating a project under this section, in addition to the criteria described in paragraph (1), the Secretary shall consider the extent to which the project— leverages Federal investment by encouraging non-Federal contributions to the project, including contributions from public-private partnerships; is able to begin construction by the date that is not later than 1 year after the date on which the project is selected; incorporates innovative project delivery and financing to the maximum extent practicable; improves freight facilities vital to agricultural or national energy security; improves or upgrades current or designated future Interstate System routes; uses innovative technologies, including intelligent transportation systems, that enhance the efficiency of the project; helps to improve mobility and accessibility; and improves transportation safety, including reducing transportation accident and serious injuries and fatalities.

A project is eligible for a grant under this section if the project— is difficult to complete with existing Federal, State, local, and private funds; enhances the economic competitiveness of the United States; or improves the flow of freight or reduces bottlenecks in the freight infrastructure of the United States; and will advance 1 or more of the following objectives: Generate regional or national economic benefits and an increase in the global economic competitiveness of the United States.

Improve transportation resources vital to agriculture or national energy security. Improve the efficiency, reliability, and affordability of the movement of freight. Improve existing freight infrastructure projects. Improve the movement of people by improving rural and metropolitan freight routes. Eligible projects for grant funding under this section shall include— a freight intermodal facility, including— an intermodal facility serving a seaport; an intermodal or cargo access facility serving an airport; an intermodal facility serving a port on the inland waterways; a bulk intermodal/transload facility; or a highway/rail intermodal facility; a highway or bridge project eligible under title 23; a public transportation project that reduces congestion on freight corridors and is eligible under chapter 53; a freight rail transportation project (including rail-grade separations); and a port infrastructure investment (including inland port infrastructure).

In selecting projects to receive grant funding under this section, the Secretary shall— consider— projected freight volumes; and how projects will enhance economic efficiency, productivity, and competitiveness; population growth and the impact on freight demand; and give priority to projects dedicated to— improving freight infrastructure facilities; reducing travel time for freight projects; reducing freight transportation costs; and reducing congestion caused by rapid population growth on freight corridors.

In distributing funding for grants under this section, the Secretary shall take such measures as the Secretary determines necessary to ensure the investment in a variety of transportation modes. Except as provided in subparagraph (B)(i), a grant under this section shall be in an amount that is not less than $10,000,000 and not greater than $100,000,000. If a grant awarded under this section is for a project located in a rural area— the amount of the grant shall be at least $1,000,000; and the Secretary may increase the Federal share of costs to greater than 80 percent.

Except as provided under paragraph (3)(B)(ii), the Federal share of the costs for a project receiving a grant under this section shall be up to 80 percent. The Secretary shall give priority to projects that require a contribution of Federal funds in order to complete an overall financing package. Not less than 25 percent of the funding provided under this section shall be used to make grants for projects located in rural areas. The Secretary shall conduct a new competition each fiscal year to select the grants and credit assistance awarded under this section.

The Secretary shall consult with the Secretary of Energy when considering projects that facilitate the movement of energy resources. There is authorized to be appropriated from the general fund of the Treasury, $200,000,000 for each of fiscal years 2016 through 2021 to carry out this section. The Secretary may retain up to 0.5 percent of the amounts appropriated pursuant to paragraph (1)— to administer the assistance for freight projects grant program; and to oversee eligible projects funded under this section.

Amounts appropriated pursuant to this subsection shall be available for obligation until expended. Not later than 72 hours before public notification of a grant awarded under this section, the Secretary shall notify the Committee on Commerce, Science, and Transportation of the Senate, the Committee on Environment and Public Works of the Senate, the Committee on Banking, Housing, and Urban Affairs of the Senate, the Committee on Appropriations of the Senate, the Committee on Transportation and Infrastructure of the House of Representatives, and the Committee on Appropriations of the House of Representatives of such award.

The Secretary shall provide to Congress documentation of major decisions in the application evaluation and project selection process, which shall include a clear rationale for decisions— to advance for senior review applications other than those rated as highly recommended; to not advance applications rated as highly recommended; and to change the technical evaluation rating of an application. . The analysis for chapter 1 of title 23, United States Code, is amended by adding at the end the following: 171.

Assistance for major projects program. .