Sec. 102. Federal Highway Administration
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In addition to amounts authorized under section 101, there is authorized to be appropriated from the Highway Account for fiscal year 2021, for activities under this section, $14,742,808,640. Amounts authorized to be appropriated under subparagraph
(A)shall be available for obligation as if apportioned under chapter 1 of title 23, United States Code. Notwithstanding any other provision of law, for fiscal year 2021, obligations for activities authorized under paragraph
(1)shall not exceed $14,742,808,640. Of the obligation authority provided under subparagraph (A), the Secretary shall make available to States, Tribes, Puerto Rico, the territories, and Federal land management agencies, during the period of fiscal year 2021, amounts of obligation authority equal to the amounts described in subparagraphs
(A)through
(E)of paragraph (3), respectively. Each State, each Tribe, Puerto Rico, each territory, and each Federal land management agency receiving funds under subparagraphs
(A)through
(E)of paragraph (3), respectively, shall receive an amount of obligation authority equal to the funds that it receives under any of such subparagraphs. Notwithstanding subparagraph (B), the Secretary shall, after August 1 of fiscal year 2021— revise a distribution of the obligation authority made available under subparagraph
(B)if an amount distributed cannot be obligated during that fiscal year; and redistribute sufficient amounts to those States able to obligate amounts in addition to those previously distributed during that fiscal year, giving priority to those States having large unobligated balances of funds apportioned under sections 144 (as in effect on the day before the date of enactment of MAP–21 ( Public Law 112–141 )) and 104 of title 23, United States Code. The Secretary shall administer a redistribution under clause
(i)of obligation authority provided under subparagraph
(B)in a similar manner as the standard August redistribution. A State may use obligation authority that it receives pursuant to this subparagraph in the same manner that it uses obligation authority that it receives as part of the standard August redistribution. Amounts authorized to be appropriated for fiscal year 2021 under paragraph
(1)shall be distributed as follows: $14,384,629,710 to the States. $167,481,814 to Tribes. $52,400,251 to Puerto Rico. $13,929,181 to the territories. $124,367,684 to Federal land management agencies. Amounts made available under paragraph (3)(A) shall be distributed among the States in the same ratio as total State apportionments under section 104(c)(1) of title 23, United States Code, in fiscal year 2020. Amounts distributed among the States under clause
(i)shall be suballocated within the State to areas described in subclause
(II)in the proportion that— the total amount of funds suballocated to such areas of the State as described in such subclause for fiscal year 2020; bears to the total amount of funds apportioned to the State for the Federal-aid highway program under section 104 of title 23, United States Code, for fiscal year 2020. The areas described in this subclause are— urbanized areas of the State with an urbanized area population of over 200,000; areas of the State other than urban areas with a population greater than 5,000; and other areas of the State. Except as otherwise provided in this paragraph, amounts made available under paragraph (3)(A) shall be administered as if apportioned under chapter 1 of title 23, United States Code. Amounts made available under paragraph (3)(A) may be obligated for— eligible projects described in section 133(b) of title 23, United States Code, subject to section 133(c) of such title; and administrative expenses, including salaries and benefits, of— the State department of transportation; a local transportation agency; or a metropolitan planning organization. Except as otherwise provided in this paragraph, amounts made available under paragraph (3)(B) shall be administered as if made available under section 202 of title 23, United States Code. Subsections (a)(6), (c), (d), and
(e)of section 202 of title 23, United States Code, shall not apply to amounts made available under paragraph (3)(B). Amounts made available under paragraph (3)(B) may be obligated for— activities eligible under section 202(a)(1) of title 23, United States Code; and transportation-related administrative expenses, including salaries and benefits, of the Tribe. Except as otherwise provided in this paragraph, amounts made available under paragraphs (3)(C) and (3)(D) shall be administered as if allocated under sections 165(b) and 165(c), respectively, of title 23, United States Code. Section 165(b)(2) of title 23, United States Code, shall not apply to amounts made available to Puerto Rico under paragraph (3)(C). Amounts made available to Puerto Rico under paragraph (3)(C) may be obligated for— activities eligible under chapter 1 of title 23, United States Code; and transportation related administrative expenses, including salaries and benefits. Amounts made available to a territory under paragraph (3)(D) may be obligated for— activities eligible under section 165(c)(6) of title 23, United States Code, subject to section 165(c)(7) of such title; and transportation-related administrative expenses, including salaries and benefits. Amounts made available under paragraph (3)(E) shall be distributed among the Federal land management agencies as follows: $99,494,147 for the National Park Service. $9,949,415 for the United States Fish and Wildlife Service. $6,301,296 for the United States Forest Service. $8,622,826 to be allocated to the applicable Federal land management agencies as described in section 203(b) of title 23, United States Code. Amounts made available under paragraph (3)(E) shall be administered as if made available under section 203 of title 23, United States Code. Section 1101(b) of the FAST Act ( Public Law 114–94 ) shall apply to additional amounts made available under paragraph (1). Amounts authorized to be appropriated for fiscal year 2021 with respect to a program under section 101(a)(2)(A) that are suballocated pursuant to section 133(d)(1)(A) of title 23, United States Code, may be obligated for— eligible projects as described in section 133(b) of title 23, United States Code; or administrative expenses, including salaries and benefits, of— a local transportation agency; or a metropolitan planning organization. A State that is required to obligate in an urbanized area with an urbanized area population of over 200,000 individuals under section 133(d) of title 23, United States Code, funds apportioned to the State under section 104(b)(2) of such title shall make available during the period of fiscal years 2016 through 2021 an amount of obligation authority distributed to the State for Federal-aid highways and highway safety construction programs for use in the area that is equal to the amount obtained by multiplying— the aggregate amount of funds that the State is required to obligate in the area under section 133(d) of title 23, United States Code, during the period; and the ratio that— the aggregate amount of obligation authority distributed to the State for Federal-aid highways and highway safety construction programs during the period; bears to the total of the sums apportioned to the State for Federal-aid highways and highway safety construction programs (excluding sums not subject to an obligation limitation) during the period. Each State, each affected metropolitan planning organization, and the Secretary shall jointly ensure compliance with clause (i). Amounts authorized to be appropriated for fiscal year 2021 with respect to a program under section 101(a)(2)(A) that are made available for the construction of ferry boats and ferry terminal facilities under section 147 of title 23, United States Code, may be obligated— in accordance with sections 129(c) and 147 of title 23, United States Code; for administrative expenses, including salaries and benefits, of a ferry boat operator or ferry terminal facility operator eligible for Federal participation under section 129(c) of title 23, United States Code; and for operating costs associated with a ferry boat or ferry terminal facility eligible for Federal participation under section 129(c) of title 23, United States Code. In fiscal year 2021, the program carried out under section 117 of title 23, United States Code, shall, in addition to any otherwise applicable requirements, be subject to the following provisions: Notwithstanding subsection (d)(2)(A) of such section, the limitation for projects described in such subsection shall be $600,000,000 for fiscal years 2016 through 2021. Notwithstanding subsection (h)(2) of such section, the Secretary shall not consider the utilization of non-Federal contributions. To evaluate applications for funding under such section, the Secretary shall— determine whether a project is eligible for a grant under such section; evaluate, through a methodology that is discernible and transparent to the public, how each application addresses the merit criteria established by the Secretary; assign a quality rating for each merit criteria for each application based on the evaluation under clause (ii); ensure that applications receive final consideration by the Secretary to receive an award under such section only on the basis of such quality ratings and that the Secretary gives final consideration only to applications that meet the minimally acceptable level for each of the merit criteria; and award grants only to projects rated highly under the evaluation and rating process. In any published notice of funding opportunity for a grant under such section, the Secretary shall include detailed information on the rating methodology and merit criteria to be used to evaluate applications. The Secretary shall provide to each applicant that applied for, but did not receive, funding under such section in fiscal year 2019 or 2020, at the request of the applicant, the opportunity to receive a briefing to— explain any reasons the application was not selected for funding; and advise the applicant on how to improve the application for resubmission in fiscal year 2021 under the application criteria described in this paragraph. An applicant for funding under such section may elect to resubmit an application from a previous solicitation with a supplementary appendix that describes how the proposed project meets the requirements of section 117 of title 23, United States Code, and this paragraph. The Secretary shall ensure that applications submitted under subclause (I), including the supplementary appendix, are evaluated based on such requirements. A notification submitted pursuant to subsection
(m)of such section shall include— a summary of each application submitted and, at the request of either Committee, a copy of any application submitted; a list of any projects the Secretary determined were not eligible for funding; a description of the specific criteria used for each evaluation, including the quality rating assigned for each eligible application submitted; a list of all projects that advanced to the Secretary for consideration; and a detailed justification of the basis for each award proposed to be selected. Except as provided in paragraph
(3)and notwithstanding section 120 of title 23, United States Code, or any other provision of this division, the Federal share associated with funds described in paragraph
(2)that are obligated during fiscal year 2021 may be up to 100 percent. The funds described in this paragraph are funds made available for the implementation or execution of Federal-aid highway and highway safety construction programs authorized under title 23 or 49, United States Code, the FAST Act ( Public Law 114–94 ), or this division. Paragraph
(1)shall not apply to amounts obligated under section 115 or 117 of title 23, United States Code, or chapter 6 of such title. Prior to the obligation of funds for administrative expenses pursuant to paragraph (4)(C)(ii), (5)(B)(ii), (6)(B)(i)(II), or (6)(B)(ii)(II) of subsection
(a)or paragraphs (1)(A)(ii) and (2)(B) of subsection (b), a State, a Tribe, Puerto Rico, or a territory, as applicable, shall certify to the Secretary that such administrative expenses meet the requirements of such paragraphs, as applicable. The Secretary may conduct an audit to review obligations of funds and liquidation of such obligations for eligible administrative expenses described under subparagraph (A). Notwithstanding any other provision of law, administrative expenses described in paragraph (1)(A) shall not be required to be included in a metropolitan transportation plan, a long-range statewide transportation plan, a transportation improvement program, or a statewide transportation improvement program under sections 134 or 135 of title 23, United States Code, or chapter 53 of title 49, United States Code, as applicable. In this section, the following definitions apply: The term standard August redistribution means the redistribution of obligation authority and amounts that the Secretary is directed to administer under— section 1102(d) of the FAST Act ( Public Law 114–94 ); or any Act making appropriations for the Department of Transportation for fiscal year 2021. The term State means the 50 States and the District of Columbia. The term territory means any of the following territories of the United States: American Samoa. The Commonwealth of the Northern Mariana Islands. Guam. The United States Virgin Islands. The terms urban area and urbanized area have the meanings given such terms in section 101 of title 23, United States Code.
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- Pub. L. 112-141
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