Sec. 1108. SURFACE TRANSPORTATION PROGRAM
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## SEC. 1108 SURFACE TRANSPORTATION PROGRAM ###
(a)Eligible Projects Section 133(b) of title 23, United States Code, is amended— ####
(1)in the matter preceding paragraph
(1)by striking “section 104(b)(3)” and inserting “section 104(b)(2)”; ####
(2)by striking paragraph (1); ####
(3)by redesignating paragraphs
(2)through
(15)as paragraphs
(5)through (18), respectively; ####
(4)by inserting before paragraph
(5)(as so redesignated) the following: > > #### “(1) > > Construction, reconstruction, rehabilitation, resurfacing, restoration, preservation, or operational improvements for highways, including construction of designated routes of the Appalachian development highway system and local access roads under section 14501 of title 40. > > > #### “(2) > > Replacement (including replacement with fill material), rehabilitation, preservation, protection (including painting, scour countermeasures, seismic retrofits, impact protection measures, security countermeasures, and protection against extreme events) and application of calcium magnesium acetate, sodium acetate/formate, or other environmentally acceptable, minimally corrosive anti-icing and deicing compositions for bridges (and approaches to bridges and other elevated structures) and tunnels on public roads of all functional classifications, including any such construction or reconstruction necessary to accommodate other transportation modes. > > > #### “(3) > > Construction of a new bridge or tunnel at a new location on a Federal-aid highway. > > > #### “(4) > > Inspection and evaluation of bridges and tunnels and training of bridge and tunnel inspectors (as defined in section 144), and inspection and evaluation of other highway assets (including signs, retaining walls, and drainage structures).” > ; ####
(5)by striking paragraph
(6)(as so redesignated) and inserting the following: > > #### “(6) > > Carpool projects, fringe and corridor parking facilities and programs, including electric vehicle and natural gas vehicle infrastructure in accordance with section 137, bicycle transportation and pedestrian walkways in accordance with section 217, and the modifications of public sidewalks to comply with the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.).” > ; ####
(6)by striking paragraph
(7)(as so redesignated) and inserting the following: > > #### “(7) > > Highway and transit safety infrastructure improvements and programs, installation of safety barriers and nets on bridges, hazard eliminations, projects to mitigate hazards caused by wildlife, and railway-highway grade crossings.” > ; ####
(7)in paragraph
(11)(as so redesignated) by striking “enhancement activities” and inserting “alternatives”; ####
(8)by striking paragraph
(14)(as so redesignated) and inserting the following: > > #### “(14) > > Environmental mitigation efforts relating to projects funded under this title in the same manner and to the same extent as such activities are eligible under section 119(g).” > ; and ####
(9)by inserting after paragraph
(18)(as so redesignated) the following: > > #### “(19) > > Projects and strategies designed to support congestion pricing, including electric toll collection and travel demand management strategies and programs. > > > #### “(20) > > Recreational trails projects eligible for funding under section 206. > > > #### “(21) > > Construction of ferry boats and ferry terminal facilities eligible for funding under section 129(c). > > > #### “(22) > > Border infrastructure projects eligible for funding under section 1303 of the SAFETEA-LU (23 U.S.C. 101 note; Public Law 109-59). > > > #### “(23) > > Truck parking facilities eligible for funding under section 1401 of the MAP-21. > > > #### “(24) > > Development and implementation of a State asset management plan for the National Highway System in accordance with section 119, including data collection, maintenance, and integration and the costs associated with obtaining, updating, and licensing software and equipment required for risk based asset management and performance based management, and for similar activities related to the development and implementation of a performance based management program for other public roads. > > > #### “(25) > > A project that, if located within the boundaries of a port terminal, includes only such surface transportation infrastructure modifications as are necessary to facilitate direct intermodal interchange, transfer, and access into and out of the port. > > > #### “(26) > > Construction and operational improvements for any minor collector if— > > > ##### “(A) > > the minor collector, and the project to be carried out with respect to the minor collector, are in the same corridor as, and in proximity to, a Federal-aid highway designated as part of the National Highway System; > > > ##### “(B) > > the construction or improvements will enhance the level of service on the Federal-aid highway described in subparagraph
(A)and improve regional traffic flow; and > > > ##### “(C) > > the construction or improvements are more cost-effective, as determined by a benefit-cost analysis, than an improvement to the Federal-aid highway described in subparagraph (A).” > . ###
(b)Location of Projects Section 133 of title 23, United States Code, is amended by striking subsection
(c)and inserting the following: > > ### “(c) Location of Projects > > Surface transportation program projects may not be undertaken on roads functionally classified as local or rural minor collectors unless the roads were on a Federal-aid highway system on January 1, 1991, except— > > > #### “(1) > > as provided in subsection (g); > > > #### “(2) > > for projects described in paragraphs (2), (4), (6), (7), (11), (20), (25), and
(26)of subsection (b); and > > > #### “(3) > > as approved by the Secretary.” > . ###
(c)Allocation of Apportioned Funds Section 133 of the title 23, United States Code, is amended by striking subsection
(d)and inserting the following: > > ### “(d) Allocations of Apportioned Funds to Areas Based on Population > > > #### “(1) Calculation > > Of the funds apportioned to a State under section 104(b)(2)— > > > ##### “(A) > > 50 percent for a fiscal year shall be obligated under this section, in proportion to their relative shares of the population of the State— > > > ###### “(i) > > in urbanized areas of the State with an urbanized area population of over 200,000; > > > ###### “(ii) > > in areas of the State other than urban areas with a population greater than 5,000; and > > > ###### “(iii) > > in other areas of the State; and > > > ##### “(B) > > 50 percent may be obligated in any area of the State. > > > #### “(2) Metropolitan areas > > Funds attributed to an urbanized area under paragraph (1)(A)(i) may be obligated in the metropolitan area established under section 134 that encompasses the urbanized area. > > > #### “(3) Consultation with regional transportation planning organizations > > For purposes of paragraph (1)(A)(ii), before obligating funding attributed to an area with a population greater than 5,000 and less than 200,000, a State shall consult with the regional transportation planning organizations that represent the area, if any. > > > #### “(4) Distribution among urbanized areas of over 200,000 population > > > ##### “(A) In general > > Except as provided in subparagraph (B), the amount of funds that a State is required to obligate under paragraph (1)(A)(i) shall be obligated in urbanized areas described in paragraph (1)(A)(i) based on the relative population of the areas. > > > ##### “(B) Other factors > > The State may obligate the funds described in subparagraph
(A)based on other factors if the State and the relevant metropolitan planning organizations jointly apply to the Secretary for the permission to base the obligation on other factors and the Secretary grants the request. > > > #### “(5) Applicability of planning requirements > > Programming and expenditure of funds for projects under this section shall be consistent with sections 134 and 135.” > . ###
(d)Administration Section 133 of title 23, United States Code, is amended by striking subsection
(e)and inserting the following: > > ### “(e) Administration > > > #### “(1) Submission of project agreement > > For each fiscal year, each State shall submit a project agreement that— > > > ##### “(A) > > certifies that the State will meet all the requirements of this section; and > > > ##### “(B) > > notifies the Secretary of the amount of obligations needed to carry out the program under this section. > > > #### “(2) Request for adjustments of amounts > > Each State shall request from the Secretary such adjustments to the amount of obligations referred to in paragraph (1)(B) as the State determines to be necessary. > > > #### “(3) Effect of approval by the secretary > > Approval by the Secretary of a project agreement under paragraph
(1)shall be deemed a contractual obligation of the United States to pay surface transportation program funds made available under this title.” > . ###
(e)Obligation Authority Section 133(f)(1) of title 23, United States Code, is amended by striking “2004 through 2006 and the period of fiscal years 2007 through 2009” and inserting “2011 through 2014”. ###
(f)Bridges Not on Federal-aid Highways Section 133 of the title 23, United States Code, is amended by adding at the end the following: > > ### “(g) Bridges Not on Federal-aid Highways > > > #### “(1) Definition of off-system bridge > > In this subsection, the term ‘off-system bridge’ means a highway bridge located on a public road, other than a bridge on a Federal-aid highway. > > > #### “(2) Special rule > > > ##### “(A) Set-aside > > Of the amounts apportioned to a State for fiscal year 2013 and each fiscal year thereafter under this section, the State shall obligate for activities described in subsection (b)(2) for off-system bridges an amount that is not less than 15 percent of the amount of funds apportioned to the State for the highway bridge program for fiscal year 2009, except that amounts allocated under subsection
(d)shall not be obligated to carry out this subsection. > > > ##### “(B) Reduction of expenditures > > The Secretary, after consultation with State and local officials, may reduce the requirement for expenditures for off-system bridges under subparagraph
(A)with respect to the State if the Secretary determines that the State has inadequate needs to justify the expenditure. > > > #### “(3) Credit for bridges not on federal-aid highways > > Notwithstanding any other provision of law, with respect to any project not on a Federal-aid highway for the replacement of a bridge or rehabilitation of a bridge that is wholly funded from State and local sources, is eligible for Federal funds under this section, is noncontroversial, is certified by the State to have been carried out in accordance with all standards applicable to such projects under this section, and is determined by the Secretary upon completion to be no longer a deficient bridge— > > > ##### “(A) > > any amount expended after the date of enactment of this subsection from State and local sources for the project in excess of 20 percent of the cost of construction of the project may be credited to the non-Federal share of the cost of other bridge projects in the State that are eligible for Federal funds under this section; and > > > ##### “(B) > > that crediting shall be conducted in accordance with procedures established by the Secretary. > > > ### “(h) Special Rule for Areas of Less Than 5,000 Population > > > #### “(1) Special rule > > Notwithstanding subsection (c), and except as provided in paragraph (2), up to 15 percent of the amounts required to be obligated by a State under subsection (d)(1)(A)(iii) for each of fiscal years 2013 through 2014 may be obligated on roads functionally classified as minor collectors. > > > #### “(2) Suspension > > The Secretary may suspend the application of paragraph
(1)with respect to a State if the Secretary determines that the authority provided under paragraph
(1)is being used excessively by the State.” > .
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- Pub. L. 109-59
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