Sec. 1401. 21st century infrastructure investments

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Title 49, United States Code, is amended by inserting the following after chapter 55: Sec. 5601. TIGER infrastructure investment grants. 5602. Fixing and Accelerating Surface Transportation grants. TIGER infrastructure investment grants There is established in the Department a discretionary grant program, to be known as the TIGER Infrastructure Grant Program and to be administered by the Secretary. Funds authorized under this section shall be available for discretionary grants to be provided on a competitive basis for projects that will have a significant impact on the Nation, a metropolitan area, or a region.

Applicants eligible for funding under this section include State, local, and Tribal governments, including U.S. territories, transit agencies, port authorities, metropolitan planning organizations, other political subdivisions of State or local governments, and multi-State or multi-jurisdictional groups applying through a single lead applicant. Projects eligible for funding under this section include the following: Highway or bridge projects eligible under title 23, United States Code (including bicycle and pedestrian related projects).

Public transportation projects eligible under chapter 53 of title 49, United States Code. Passenger and freight rail transportation projects. Port infrastructure investments. Intermodal projects. Activities related to— the planning, preparation, or design of a single surface transportation project; or regional transportation investment planning, including transportation planning that is coordinated with interdisciplinary factors including housing development, economic competitiveness, network connectivity, stormwater and other infrastructure investments, or that addresses future risks and vulnerabilities, including extreme weather and climate change.

In awarding funds under this section, the Secretary shall take measures to ensure an equitable geographic distribution of funds and an appropriate balance in addressing the needs of urban and rural communities and the investment in a variety of transportation modes. Not less than 20 percent of the funds provided under this section shall be for projects located in rural areas. For the purposes of the TIGER program, rural areas are those outside of an urbanized area as defined by the U.S.

Census Bureau. Not more than 25 percent of the funds provided under this section may be awarded to projects in a single State. In administering the grant program under this section, the Secretary shall, within 90 days of the enactment of this section, publish grant program criteria on which to base the competition for any grants awarded under this section. The Secretary may use up to 10 percent of the funds authorized under this section to fund the activities specified in subsection (d)(6).

The Federal share of the costs for which an expenditure is made under this section shall be up to 80 percent. The Secretary may provide a Federal share of up to 100 percent for a project in a rural area. In establishing grant program criteria pursuant to subsection (g), the Secretary shall include priority for projects that request a smaller Federal share. Projects conducted using funds provided under this section shall comply with the requirements of the Davis-Bacon Act, subchapter IV of chapter 31 of title 40, United States Code.

The Secretary may use up to 1.5 percent of the funds authorized under this section to administer— the grant program authorized under this section; the Supplemental Discretionary Grants for a National Surface Transportation System provided for in Public Law 111–5 ; and the National Infrastructure Investments provided for in Public Laws 111–117, 112–10, 113–6, and 113–235. The funds made available under paragraph

(1)shall remain available until expended. The Secretary may use up to 10 percent of the funds authorized under this section to pay the subsidy and administrative costs of projects eligible for Federal credit assistance under chapter 6 of title 23, United States Code, if the Secretary finds that the use of the funds would advance the purposes of this section. Funds authorized under 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. The Secretary shall coordinate and cooperate with other Federal agencies in carrying out the grant program authorized under this section if the Secretary finds that such coordination and cooperation would advance the purposes of this section. The Secretary may accept and provide services from other Federal agencies with or without reimbursement in order to further the purposes of this section. The Secretary may delegate the authority to issue or administer grants pursuant to this section to other Federal agencies in the interest of administrative or programmatic efficiency if the Secretary finds that such delegation would advance the purposes of this section. There is authorized to be appropriated from the Multimodal Account of the Transportation Trust Fund to carry out this section— $1,250,000,000 for fiscal year 2016; $1,250,000,000 for fiscal year 2017; $1,250,000,000 for fiscal year 2018; $1,250,000,000 for fiscal year 2019; $1,250,000,000 for fiscal year 2020; and $1,250,000,000 for fiscal year 2021. Funds authorized under this subsection— shall be available for obligation on October 1 of the fiscal year for which they are authorized; and except as specified in subsection (j), shall remain available for obligation for a period of 2 years after the year for which they are authorized. There is established in the Department a discretionary grant program, to be known as the FAST Grant Program and to be administered by the Secretary. The program shall be a competitive program and designed to reform the way transportation investments and decisions are made, implemented, and funded to achieve National transportation outcomes, by promoting the implementation of policies and procedures that generate long-term, institutionalized changes, and support performance-based management of the transportation system to improve transportation outcomes. Evaluations of applications for funding under this section shall be based in part on the extent to which the applicant has adopted or implemented best practices, including— commitment to sustainable and innovative non-Federal sources of transportation funding, including value capture and authority for local governments to raise funding for transportation, that provide flexibility to make investments across all modes of transportation and convey the full social cost of travel decisions to users; development and incorporation of analytical tools in the investment decisionmaking process, including benefit cost analysis; other economic analyses; watershed-driven web-based geographic information systems; and use of innovations in design, procurement and purchasing to improve project delivery and efficiency and reduce costs; use of operating practices and deployment of technologies that increase the efficient use of transportation system capacity and reduce the need to invest in new highway capacity; adoption of laws, rules and regulations, and commitment of resources toward practices that have been demonstrated to reduce transportation-related fatalities and injuries; integration of transportation planning and investment decisions with other land-use and economic development decisions, including water infrastructure and broadband deployment, to improve connectivity and accessibility and to focus transportation investments near existing infrastructure; adoption of laws, regulations, and practices that have been demonstrated to reduce energy use, improve air and water quality, reduce or mitigate stormwater impacts, promote long-term management of stormwater from surface transportation assets, reduce greenhouse gas emissions, improve community adaptability and resilience, enhance community health and quality of life, and expand transportation choices; and improvements to regional governance that increase metropolitan planning organization capacity and strengthens local and stakeholder input, particularly traditionally underrepresented populations, into project selection. States, the District of Columbia, Puerto Rico, U.S. territories (as defined in section 165(c) of title 23, United States Code), Tribal governments, and metropolitan planning organizations are eligible applicants for funding under this section, provided that— States, the District of Columbia, Puerto Rico, U.S. territories, and Tribal applicants demonstrate meaningful participation of metropolitan planning organizations, local governments, or transit agencies within the applicant’s jurisdiction in the development of the application; metropolitan planning organizations include, as partners in their applications, the State (or the District of Columbia, as appropriate), local governments, or transit agencies required to carry out the best practices relied on in their application; and the applicant has experience in successfully and independently administering Federal-aid highway or transit programs or projects. Applicants shall submit a program of transportation projects that are related to the best practices identified in subsection

(b)to demonstrate how funds, if awarded under this section, will be spent. The list of projects shall— with regard to State applications, be developed with, and include priorities of, metropolitan planning organizations within the applicant’s jurisdiction as identified in the metropolitan planning organization’s Transportation Improvement Programs; demonstrate strong return on investment and competitive value for taxpayer money by means of a benefit-cost analysis and consideration of alternatives; and further the best practices and reform initiatives identified under subsection

(b)and relied upon in the application. The Federal Highway Administrator and Federal Transit Administrator shall— competitively award funds under this section in one fiscal year or over multiple fiscal years; withhold a reasonable amount of funds under this section for administration of the program, but not to exceed $25,000,000 per year; devise a methodology for the size of awards under this program based on an applicant’s share of the Federal transportation allocated or formula funding, subject to the provision in paragraph (4); make awards of no less than $50,000,000, except that this paragraph shall not apply to awards made to a Tribal government or a U.S. territory; and in awarding funds under this section (other than under subsection (j)), ensure an appropriate balance in addressing the needs of urban and rural communities. Funds provided under this program shall be used for capital or planning expenses for— highway or bridge projects eligible for funding under title 23, United States Code (including bicycle and pedestrian-related projects); public transportation projects eligible for funding under chapter 53 of title 49, United States Code; passenger and freight rail transportation projects; maritime port infrastructure investments eligible for funding under chapter 503 of title 46; domestic short sea shipping projects eligible for funding under chapter 556 of title 46; and intermodal projects combining any of the above. In awarding a grant under this subsection, the Secretary shall consider the extent to which the application— demonstrates the greatest performance as well as applicants that have made the greatest progress in implementing the best practices listed in subsection (b); promotes National transportation priorities, including— reducing transportation fatalities and serious injuries; strengthening economic competitiveness, including multimodal goods movement and coordination of transportation and economic development investments; improving the state of repair of the transportation system and enhancing community adaptability and resilience; enhancing community health and improving quality of life by increasing access to active transportation infrastructure, jobs and essential services, particularly for underserved populations; improving asset performance by reducing congestion through demand management strategies, particularly strategies that curb demand for single occupancy vehicle travel; improving the efficiency of project development and system performance and reducing the cost of projects and maintenance of the transportation system; and adoption of laws, regulations, and practices that have been demonstrated to reduce energy use, improve air and water quality, reduce or mitigate stormwater impacts, promote long-term management of stormwater from surface transportation assets, reduce greenhouse gas emissions, improve community adaptability and resilience, encourage groundwater recharge, enhance community health and quality of life, and expand transportation choices; and meets other criteria the Secretary requires. There is authorized to be appropriated for each of fiscal years 2016 through 2021 to carry out this section— $500,000,000 from the Highway Account of the Transportation Trust Fund; and $500,000,000 from the Mass Transit Account of the Transportation Trust Fund. The funds authorized by paragraph

(1)shall be— available for obligation on October 1 of the fiscal year for which they are authorized; available for obligation for a period of 3 years after the last day of the fiscal year for which the funds are authorized; and subject to the limitation on obligations under subparagraph (B). Notwithstanding any other provision of law, in each of fiscal years 2016 through 2021, obligations for the program under this section shall not exceed— $1,000,000,000; plus any amount remaining available for obligation under the program from prior fiscal years. The Federal share for projects funded under this section may be up to 100 percent. Funds authorized under 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. The Secretary shall establish a metropolitan mobility program under this subsection. The Secretary shall reserve up to $1,000,000,000 made available under this section over the period of fiscal years 2016 through 2021 for the program under this subsection. Any funds reserved under this paragraph and not allocated under paragraph

(3)shall be available for the FAST Grant Program. The amount of funding available to be allocated under this subsection for a fiscal year for use in an urbanized area with a population over 200,000 individuals shall be— $250,000,000; multiplied by the ratio that— the population of such urbanized area; bears to the total population of all urbanized areas with populations of over 200,000 individuals. Notwithstanding clause (i), the Secretary shall adjust the amounts determined under clause

(i)as follows: The amount available to be allocated under this subsection for a fiscal year for use in an urbanized area with a population over 200,000 individuals shall not be less than $1,000,000. The amount available to be allocated under this subsection for a fiscal year for use in an urbanized area with a population over 200,000 individuals shall not be greater than $3,000,000. In a fiscal year the Secretary shall make available to a State, for use in an urbanized area served by a high performing metropolitan planning organization, an amount of funds under this subsection equal to— the amount available for allocation for that fiscal year in that urbanized area under subparagraph (A); plus any amounts available for allocation in that urbanized area under that subparagraph for any prior fiscal years— beginning with fiscal year 2016; and in which the urbanized area was not served by a high performing metropolitan planning organization. Funds provided under this subsection may be used— for any project or activity eligible under title 23; for any project or activity eligible under chapter 53, title 49; or notwithstanding any other provision of law, to pay the non-Federal share of the cost of any project or activity funded under chapter 53 or 56 of this title or under title 23. In this subsection, the term high performing metropolitan planning organization means a metropolitan planning organization that the Secretary has designated as high performing under section 134(r) of title 23 or section 5303(r) of this title. . The analysis of subtitle III of title 49, United States Code, is amended by inserting the following after the item relating to chapter 55: 56. 21st Century Infrastructure Investments 5601 .

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Pub. L. 111-5

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Sec. 1401

21st century infrastructure investments

Pub. L.Pub. L. 111-5

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