Sec. 1101. Multimodal Freight Investment Program
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Title 49, United States Code, is amended by adding after chapter 53 the following: Chapter 54—Freight Sec. 5401. Multimodal freight incentive program. 5402. National freight infrastructure program. 5403. State freight advisory committees. 5404. State freight plans. 5405. National freight policy, network, plan and data. Subject to the requirements of this section, the Secretary shall— establish a program to make grants to States to improve the efficiency and reliability of freight movement in the United States; under subsection (c), calculate the maximum amount of funding that the Secretary may allocate to a State under this section for a fiscal year; and under subsection (e), allocate to a State one or more grants for which the State qualifies in such fiscal year, based on the criteria specified in such subsection.
In this section, the term State means any of the 50 States, the District of Columbia, or Puerto Rico. The Secretary shall calculate the amount of funding available to be allocated to a State under this section for a fiscal year as follows— the amount made available to provide multimodal freight incentive grants under this section for such fiscal year; multiplied by the overall ratio specified in paragraph (3). Under the calculations in paragraph (1), a State’s amount for a fiscal year shall not be less than 0.5 percent of the amount made available to provide multimodal freight incentive grants under this section for such fiscal year.
Subject to paragraph (2), the Secretary shall determine the overall ratio referenced in paragraph (1)(B) based on the following ratios: 6.25 percent in the ratio that— the number of ports in each State; bears to the number of ports in all States. 6.25 percent in the ratio that— the number of rail track-miles used for the movement of freight in each State; bears to the number of such rail track-miles in all States. 6.25 percent in the ratio that— the number of cargo-handling airports in each State; bears to the number of such airports in all States. 6.25 percent in the ratio that— the number of Interstate system miles in each State; bears to the number of Interstate system miles in all States. 37.5 percent in the ratio that— the tonnage of rail, waterborne, highway, airport and pipeline freight moved in each State; bears to the tonnage of such freight moved in all States. 37.5 percent in the ratio that— the value of rail, waterborne, highway, airport and pipeline freight moved in each State; bears to the value of such freight moved in all States.
A State shall use a grant under this section for— the development of corridor freight plans or regional freight plans; or one or more phases of capital projects, equipment or operational improvements on roads, rails, landside infrastructure on ports and airports, and intermodal connectors included in a State freight plan under section 5404 of this title for projects that— maintain or improve the efficiency and reliability of freight supply chains; demonstrate public freight benefits; improve modal components of a multimodal corridor that is critical to a State or region; address freight needs to facilitate a regionally or nationally significant economic development issue; are multimodal, multi-jurisdictional, or corridor-based and address freight needs; relieve freight or non-freight access, congestion, or safety issues; or address first and last mile connectors.
If during a fiscal year a State meets the eligibility criteria specified in paragraph
(2)or
(3)the Secretary shall allocate to the State in such fiscal year a grant under such paragraph. The determination of whether a State meets such eligibility criteria shall be made by the Secretary. Subject to paragraph (4), if a State meets the eligibility criteria specified in subparagraph
(B)during a fiscal year, the Secretary shall allocate to the State in such fiscal year 40 percent of the amount of the funds available to be allocated to the State in such fiscal year. The Secretary may allocate funding to a State under this paragraph in a fiscal year if the State— has an established freight advisory committee in accordance with section 5403 of this title; has an approved freight plan in accordance with section 5404 of this title; has conducted a statewide analysis of freight needs and bottlenecks on all modes of transportation, including intermodal and last mile needs; demonstrates use of the statewide analysis of freight needs in prioritizing projects in the freight plan required by section 5404 of this title; and demonstrates that it will use the funding that it is allocated under this paragraph for the highest priority projects that are identified in the freight plan required by section 5404 of this title and are ready to be advanced. Subject to paragraph (4), if a State meets the eligibility criteria specified in subparagraph
(B)during a fiscal year, the Secretary shall allocate to the State in such fiscal year 60 percent of the amount of the funds available to be allocated to the State in such fiscal year. The Secretary may allocate funding to a State under this paragraph in a fiscal year if the State— has met the eligibility criteria specified in paragraph (2)(B); has conducted, in cooperation with at least one other State, a multistate analysis of freight needs and bottlenecks on all modes of transportation, including intermodal and last mile needs along a multistate freight corridor; has developed, in cooperation with at least one other State or relevant entities in Canada or Mexico, a regional freight investment plan that focuses on the end-to-end investment needs of critical multistate freight corridors based on the multistate analysis of freight needs and bottlenecks on all modes of transportation, including intermodal and last mile needs; and demonstrates that it will use the funding that it is allocated under this paragraph for the highest priority projects identified in the regional freight plan. A State shall demonstrate that it developed the analyses and plans required under paragraphs
(2)and
(3)with the approval of a State Freight Advisory Committee. The determination of whether the analyses and plans required to qualify under paragraphs
(2)and
(3)satisfy the requirements of the paragraphs shall be at the discretion of the Secretary. All analyses and plans required under paragraph
(3)shall address a 10-year and 20-year forecast period. In order to obligate funding under paragraphs
(2)and (3), a State shall update all analyses and plans required under such paragraph at least every 5 years. For the purpose of administering a grant under this subsection, funds authorized for this section may be transferred within the Department and administered in accordance with the requirements of title 23 or 49 of the United States Code applicable to the agency to which the funds are transferred and any other requirements applicable to the project. Funds authorized for this section may not be transferred to any other program under title 23 or 49, United States Code. The Federal share for projects funded under this section shall not exceed 80 percent. Funds authorized for this section may not be applied towards the non-Federal share of costs under another Federal program. For purposes of distributing obligation limitation in any fiscal year, the Secretary shall provide funds made available for this section with obligation limitation as follows: The Secretary shall provide funds authorized for that fiscal year with obligation limitation under section 2002(c)(4) of the GROW AMERICA Act or the equivalent provision of the relevant appropriations act for a fiscal year, as appropriate. The Secretary shall provide funds carried over from prior fiscal years with obligation limitation under section 2002(c)(2) of such Act or the equivalent provision of the relevant appropriations act for a fiscal year, as appropriate. . There is authorized to be appropriated from the highway account of the transportation trust fund to carry out section 5401 of title 49, United States Code— $500,000,000 for fiscal year 2016; $1,000,000,000 for fiscal year 2017; $1,500,000,000 for fiscal year 2018; $2,000,000,000 for fiscal year 2019; $2,000,000,000 for fiscal year 2020; and $2,000,000,000 for fiscal year 2021. The funds authorized by subparagraph
(A)shall be— available for obligation on October 1 of the fiscal year for which they are authorized; available for obligation until expended; and administered as if such funds were apportioned under chapter 1 of title 23, United States Code. Notwithstanding section 5401(f)(2) of title 49, United States Code, as soon as practicable after October 1, 2017, and each fiscal year thereafter, the Secretary shall transfer to the National Freight Infrastructure Program under section 5402 of such title— of the funds authorized under subparagraph
(A)to carry out section 5401 of such title, any funds that— were available to be allocated to a State for the prior fiscal year under subsection
(c)of such section; but the Secretary did not allocate to that State for that prior fiscal year due to that State not meeting the eligibility criteria specified under subsection (e)(2) or (e)(3) of such section; and an amount of obligation limitation equal to the amount of funds that the Secretary transfers under clause (i). Chapter 54 of such title is amended by adding at the end the following: The Secretary shall establish and implement a National Freight Infrastructure Program under this section. The goals of the program shall be to— reduce the cost of freight transportation; improve the safety of freight transportation; relieve bottlenecks in the freight transportation system; improve the state of good repair of the freight transportation system; and reduce the adverse environmental and community impacts of freight transportation. In this section the following definitions apply: The term eligible applicant means— a State (as defined in section 101(a)(25) of title 23); American Samoa, the Commonwealth of the Northern Mariana Islands, Guam, or the U.S. Virgin Islands; a local government; a metropolitan planning organization; a public transportation authority (including a port authority); a tribal government; or a group of entities described in clauses
(i)through (vi). A group described in clause
(vii)of subparagraph
(A)shall submit an application through a lead applicant that qualifies under one of the clauses
(i)through
(vi)of that subparagraph. Public-private partnerships are eligible provided the lead applicant qualifies under one of the clauses
(i)through
(vi)of subparagraph (A). The term eligible project means a capital investment for a transportation infrastructure facility, or for an operational improvement or equipment for such a facility— that is for a facility significantly used for the movement of freight, and that is— a road, rail, air, water, or pipeline facility; an intermodal facility such as an intermodal facility serving a seaport, a port on the inland waterways, or an airport; or a highway/rail intermodal facility; or a facility related to an international border crossing; that the Secretary has determined will help to achieve the goals set out in subsection (b); for which funding committed by State and local governments and other public and private partners, along with the Federal funding requested, will be sufficient to complete the capital investment; and that upon completion will have independent utility. The term eligible project includes the development of plans and analysis required by this chapter. An eligible applicant seeking to receive a grant under this section for an eligible project shall submit to the Secretary an application in such form and in accordance with such requirements as the Secretary shall establish. The Secretary shall select projects for funding based on the criteria specified in subsection (f). The Secretary shall select eligible projects for funding based on the following criteria: The extent to which the project is likely to advance the goals set forth in subsection (b). The likely benefits of the project relative to its costs. The extent to which the project demonstrates the use of innovative technology, strategies, and practices. The likely effect of the project on increasing U.S. exports. The consistency of the project with the National Freight Strategic Plan under section 5405 of this title. Inclusion of the project in the State freight plan required under section 5404 of this title. The extent to which the project leverages Federal funds by matching State, local, tribal, or private funds to the Federal funding requested under this section. The extent to which funds for the project are not available from other sources. A grant agreement made under this section between the Government and a grantee shall specify that the grantee will collect data and report to the Secretary, at times that the Secretary shall specify, on— the actual cost of constructing the project; the time required to complete the project and put it into service; the level of usage of the facility built or improved by the project; the benefits of the project, measured in a way that is consistent with the benefits that were estimated in the application for funding that was submitted to the Secretary; and any costs resulting from the project in addition to the costs of constructing the project. The Secretary shall determine such other terms and conditions, other than those listed in this section, as are necessary and appropriate to implement this section. The Secretary may retain up to one-half of 1 percent of the amounts authorized for each fiscal year under this section for— administration of the National Freight Infrastructure Program under this section; and oversight of projects funded under this section. The Secretary may transfer portions of the funds retained under this subsection to the Administrators of the Federal Highway Administration, the Federal Railroad Administration, the Federal Aviation Administration, and the Federal Maritime Administration to carry out the administration and oversight of grants made under this section. The Federal share for projects funded under this section shall not exceed 80 percent. For the purpose of administering a grant under this section, funds authorized for this section may be transferred within the Department and administered in accordance with the requirements of title 23 or 49 of the United States Code applicable to the agency to which the funds are transferred and any other requirements applicable to the project. . There is authorized to be appropriated from the highway account of the transportation trust fund to carry out this section— $500,000,000 for fiscal year 2016; $1,000,000,000 for fiscal year 2017; $1,500,000,000 for fiscal year 2018; $2,000,000,000 for fiscal year 2019; $2,000,000,000 for fiscal year 2020; and $2,000,000,000 for fiscal year 2021. The funds authorized by subparagraph
(A)shall be— available for obligation on October 1 of the fiscal year for which they are authorized; and available for obligation until expended. Chapter 54 of such title is amended by adding at the end the following: Each State that receives a grant under this chapter shall establish and maintain a freight advisory committee consistent with criteria established by the Secretary and consisting of a representative cross-section of public and private sector freight stakeholders, including— all modes of freight transportation active in the State, including airports, highways, ports, and rail; shippers; carriers; freight-related associations: the freight industry workforce; the transportation department of the State; metropolitan planning organizations; and local governments. Individuals selected under paragraph
(1)must be widely recognized to have qualifications sufficient to represent the interests of their specific stakeholder group, including— general business and financial experience; experience or qualifications in the areas of freight transportation and logistics; experience in transportation planning; representing employees of the freight industry; or representing State or local governments, or metropolitan planning organizations. The freight advisory committee shall— advise the State on freight-related priorities, issues, projects, and funding needs; serve as a forum for discussion for State transportation decisions affecting freight mobility; communicate and coordinate regional priorities with other organizations; promote the sharing of information between the private and public sectors on freight issues; participate in the development of the State freight plan, including advising on the development of the freight investment plan; and approve the State freight plan under section 5404 of this title, including the freight investment plan required thereunder. . Chapter 54 of such title is amended by adding at the end the following: Each State that receives a grant under this chapter shall develop a freight plan that provides a multimodal, comprehensive plan for the immediate and long-range planning activities and investments of the State with respect to freight. The freight plan shall include a strategic, long-term component and a tactical, short-term component. The freight plan shall consider all modes of freight transportation in the State and include, at a minimum— an identification of significant freight system trends, needs, and issues with respect to a State; a description of the freight policies, strategies, and performance measures that will guide the freight-related transportation investment decisions of the State; a description of how the plan will improve the ability of the State to meet the national freight goals established under section 5405 of this title; evidence of consideration of innovative technologies and operational strategies, including intelligent transportation systems, that improve the safety and efficiency of freight movement; in the case of routes on which travel of heavy vehicles (including mining, agricultural, energy cargo or equipment, and timber vehicles) is projected to substantially deteriorate the condition of the roadways, a description of improvements that may be required to reduce or impede the deterioration; an inventory of facilities with freight mobility issues, such as truck bottlenecks, within the State, and a description of the strategies the State is employing to address those freight mobility issues; and a freight investment plan that includes a list of projects in order of priority and describes how multimodal freight investment funds under section 5401 of this title would be invested and matched. The freight plan may be developed separate from or incorporated into the statewide strategic long-range transportation plan required by section 135(f) of title 23, United States Code. The priority freight investment plan component of the freight plan shall include a project, or an identified phase of a project, only if funding for completion of the project can reasonably be anticipated to be available for the project within the time period identified in the freight investment plan. The Secretary shall approve State freight plans if they address the requirements of this section and are consistent with the National Freight Strategic Plan. The freight plan shall address a 10-year forecast period. A State shall update the freight plan at least every 5 years. The State may update the freight investment plan on a more frequent basis. . Chapter 54 of such title is amended by adding at the end the following: It is the policy of the United States to improve the condition and performance of the national freight system to ensure that the national freight system provides the foundation for the United States to compete in the global economy and achieve each goal described in subsection (b). The goals of the national freight policy are— to increase the productivity and efficiency of the national freight system so as to enhance the economic competitiveness of the United States; to improve the safety, security, and resilience of freight transportation; and to improve quality of life by reducing, eliminating or reversing adverse environmental and community impacts of freight projects and goods movement in the United States. The strategies that the United States shall use to achieve the goals set forth in subsection
(b)shall include— support for or investment in infrastructure, equipment and operational improvements; appropriate safety, environmental, energy, and other transportation policies; advanced technology and innovation; enhancement of competition and accountability in the transportation industries; and use of performance management. In this section, the term national freight system means the publicly and privately owned transportation facilities that are used in transporting freight within the United States, including roads, railroads, ports, waterways, locks and dams, airports, airways, pipelines, warehouses, distribution centers, and intermodal facilities. The Secretary shall establish a multimodal national freight network in accordance with this section to inform public and private planning, to prioritize for Federal investment, to aid the public and private sector in strategically directing resources, and to support Federal decisionmaking to achieve the national freight policy goals set forth in subsection (b). The national freight network shall consist of such connectors, corridors and facilities in all freight transportation modes as most critical to the current and future movement of freight within the national freight system. The Secretary shall designate a national freight network— using 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; fostering network connectivity; and reflecting input collected from stakeholders through a public process, including input from metropolitan planning organizations and States, to identify critical freight facilities that are vital links in national or regionally significant goods movement and supply chains. In designating the national freight network, the Secretary may consider— volume, tonnage, and value of freight; origins and destinations of freight movement in, to, and from the United States; land and maritime ports of entry; population centers; economic factors or other inputs determined to be relevant by the Secretary; bottlenecks and other impediments contributing to significant measurable congestion and delay in freight movement; facilities of future freight importance based on input from stakeholders and analysis of projections for future growth and changes to the freight system; and elements of the freight system identified and documented by a metropolitan planning organization and State using national or local data as having critical freight importance to the region. Effective beginning 5 years after the designation of the national freight network and every 5 years thereafter, using the designation factors described in paragraph (1), the Secretary shall redesignate the national freight network. Not later than October 1, 2015, the Secretary shall, in consultation with the Secretary of Homeland Security, the Secretary of Commerce, the Assistant Secretary of the Army for Civil Works, State departments of transportation, and other appropriate public and private transportation stakeholders, develop, maintain, and post on the Department of Transportation public website a national freight strategic plan that shall include— an assessment of the condition and performance of the national freight system; an identification of bottlenecks on the national freight system that create significant freight congestion problems, based on a quantitative methodology developed by the Secretary, which shall, at a minimum, include— information from the Freight Analysis Framework of the Federal Highway Administration; and to the maximum extent practicable, an estimate of the cost of addressing each bottleneck and any operational improvements that could be implemented; forecasts of freight volumes for 10-year and 20-year periods beginning in the year during which the plan is issued; an identification of major trade gateways and national freight corridors that connect major population centers, trade gateways, and other major freight generators for current and forecasted traffic and freight volumes, the identification of which shall be revised, as appropriate, in subsequent plans; an assessment of statutory, regulatory, technological, institutional, financial, and other barriers to improved freight transportation performance (including opportunities for overcoming the barriers); an identification of routes providing access to energy exploration, development, installation, or production areas; best practices for improving the performance of the national freight system; best practices for addressing the impacts of freight movement on communities; a process for addressing multistate projects and encouraging jurisdictions to collaborate; and strategies to improve freight connectivity between modes of transportation. Not later than 5 years after the date of completion of the first national freight strategic plan under paragraph (1), and every 5 years thereafter, the Secretary shall update and repost on the Department of Transportation public website a revised national freight strategic plan. Not later than October 1, 2016, and biennially thereafter, the Secretary shall prepare a report that contains a description of the conditions and performance of the national freight system in the United States. The Secretary shall develop new tools and improve existing tools to support an outcome-oriented, performance-based approach to evaluate proposed freight-related and other transportation projects, including— methodologies for systematic analysis of benefits and costs; freight forecasting models; tools for ensuring that the evaluation of freight-related and other transportation projects can consider safety, economic competitiveness, environmental sustainability, and system condition in the project selection process; and other elements to assist in effective transportation planning. In support of these tools, and to support a broad range of evaluation methods and techniques to assist in making transportation investment decisions, the Secretary shall— direct the collection of appropriate transportation-related data, including data to measure the condition and performance of the national freight system; and consider any improvements to existing freight data collection efforts that could reduce identified freight data gaps and deficiencies and help improve forecasts of freight transportation demand. The Secretary shall consult with Federal, State, and other stakeholders to develop, improve, and implement the tools and collect the data identified pursuant to this subsection. The Secretary shall evaluate the analyses and plans required under section 5401(e)
(2)and
(3)of this title and consider development of a national performance measure to assess the efficiency of the multimodal freight network in accordance with the National Freight Strategic Plan. . The table of chapters for such title is amended by inserting after the item related to chapter 53 the following: 54. Freight 5401 . 21 Sections 1116, 1117, and 1118 of MAP–21 ( Public Law 112–141 ) are repealed. Section 167 of title 23, United States Code, is repealed. Section 505(a)(3) of title 23, United States Code, is amended by striking 149, and 167 and inserting and 149, and section 5405 of title 49 .
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Sec. 1101
Multimodal Freight Investment Program
Pub. L.Pub. L. 112-141
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