Sec. 11109. SURFACE TRANSPORTATION BLOCK GRANT PROGRAM

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## SEC. 11109 SURFACE TRANSPORTATION BLOCK GRANT PROGRAM ###

(a)In General Section 133 of title 23, United States Code, is amended— ####

(1)in subsection (b)— #####

(A)in paragraph (1)— ######

(i)in subparagraph (B)— ######

(I)by adding “or” at the end; ######

(II)by striking “ facilities eligible ” and inserting the following: > “facilities— > > > ###### “(i) > > that are eligible” > ; and ######

(III)by adding at the end the following: > > ### “(ii) > > that are privately or majority-privately owned, but that the Secretary determines provide a substantial public transportation benefit or otherwise meet the foremost needs of the surface transportation system described in section 101(b)(3)(D);” > ; ######

(ii)in subparagraph (E), by striking “and” at the end; ######

(iii)in subparagraph (F), by striking the period at the end and inserting “; and”; and ######

(iv)by adding at the end the following: > > ##### “(G) > > wildlife crossing structures.” > ; #####

(B)in paragraph (3), by inserting “148(a)(4)(B)(xvii),” after “119(g),”; #####

(C)by redesignating paragraphs

(4)through

(15)as paragraphs (5), (6), (7), (8), (9), (10), (11), (12), (13), (20), (21), and (22), respectively; #####

(D)in paragraph

(5)(as so redesignated), by striking “railway-highway grade crossings” and inserting “projects eligible under section 130 and installation of safety barriers and nets on bridges”; #####

(E)in paragraph

(7)(as so redesignated)— ######

(i)by inserting “including the maintenance and restoration of existing recreational trails,” after “section 206”; and ######

(ii)by striking “the safe routes to school program under section 1404 of SAFETEA-LU (23 U.S.C. 402 note)” and inserting “the safe routes to school program under section 208”; #####

(F)by inserting after paragraph

(13)(as so redesignated) the following: > > #### “(14) > > Projects and strategies designed to reduce the number of wildlife-vehicle collisions, including project-related planning, design, construction, monitoring, and preventative maintenance. > > > #### “(15) > > The installation of electric vehicle charging infrastructure and vehicle-to-grid infrastructure. > > > #### “(16) > > The installation and deployment of current and emerging intelligent transportation technologies, including the ability of vehicles to communicate with infrastructure, buildings, and other road users. > > > #### “(17) > > Planning and construction of projects that facilitate intermodal connections between emerging transportation technologies, such as magnetic levitation and hyperloop. > > > #### “(18) > > Protective features, including natural infrastructure, to enhance the resilience of a transportation facility otherwise eligible for assistance under this section. > > > #### “(19) > > Measures to protect a transportation facility otherwise eligible for assistance under this section from cybersecurity threats.” > ; and #####

(G)by adding at the end the following: > > #### “(23) > > Rural barge landing, dock, and waterfront infrastructure projects in accordance with subsection (j). > > > #### “(24) > > Projects to enhance travel and tourism.” > ; ####

(2)in subsection (c)— #####

(A)in paragraph (2), by striking “paragraphs

(4)through (11)” and inserting “paragraphs

(5)through

(15)and paragraph (23)”; #####

(B)in paragraph (3), by striking “and” at the end; #####

(C)by redesignating paragraph

(4)as paragraph (5); and #####

(D)by inserting after paragraph

(3)the following: > > #### “(4) > > for a bridge project for the replacement of a low water crossing (as defined by the Secretary) with a bridge; and” > ; ####

(3)in subsection (d)— #####

(A)in paragraph (1)— ######

(i)in the matter preceding subparagraph (A), by striking “reservation” and inserting “set aside”; and ######

(ii)in subparagraph (A)— ######

(I)in the matter preceding clause (i), by striking “the percentage specified in paragraph

(6)for a fiscal year” and inserting “55 percent for each of fiscal years 2022 through 2026”; and ######

(II)by striking clauses

(ii)and

(iii)and inserting the following: > > ###### “(ii) > > in urbanized areas of the State with an urbanized area population of not less than 50,000 and not more than 200,000; > > > ###### “(iii) > > in urban areas of the State with a population not less than 5,000 and not more than 49,999; and > > > ###### “(iv) > > in other areas of the State with a population less than 5,000; and” > ; #####

(B)by striking paragraph

(3)and inserting the following: > > #### “(3) Local consultation > > > ##### “(A) Consultation with metropolitan planning organizations > > For purposes of clause

(ii)of paragraph (1)(A), a State shall— > > > ###### “(i) > > establish a process to consult with all metropolitan planning organizations in the State that represent an urbanized area described in that clause; and > > > ###### “(ii) > > describe how funds allocated for areas described in that clause will be allocated equitably among the applicable urbanized areas during the period of fiscal years 2022 through 2026. > > > ##### “(B) Consultation with regional transportation planning organizations > > For purposes of clauses

(iii)and

(iv)of paragraph (1)(A), before obligating funding attributed to an area with a population less than 50,000, a State shall consult with the regional transportation planning organizations that represent the area, if any.” > ; and #####

(C)by striking paragraph (6); ####

(4)in subsection (e)(1), in the matter preceding subparagraph (A), by striking “fiscal years 2016 through 2020” and inserting “fiscal years 2022 through 2026”; ####

(5)in subsection (f)— #####

(A)in paragraph (1)— ######

(i)by inserting “or low water crossing (as defined by the Secretary)” after “a highway bridge”; and ######

(ii)by inserting “or low water crossing (as defined by the Secretary)” after “other than a bridge”; #####

(B)in paragraph (2)(A)— ######

(i)by striking “activities described in subsection (b)(2) for off-system bridges” and inserting “activities 135 STAT. 464 described in paragraphs (1)(A) and

(10)of subsection

(b)for off-system bridges, projects and activities described in subsection (b)(1)(A) for the replacement of low water crossings with bridges, and projects and activities described in subsection (b)(10) for low water crossings (as defined by the Secretary),”; and ######

(ii)by striking “15 percent” and inserting “20 percent”; and #####

(C)in paragraph (3), in the matter preceding subparagraph (A)— ######

(i)by striking “bridge or rehabilitation of a bridge” and inserting “bridge, rehabilitation of a bridge, or replacement of a low water crossing (as defined by the Secretary) with a bridge”; and ######

(ii)by inserting “or, in the case of a replacement of a low water crossing with a bridge, is determined by the Secretary on completion to have improved the safety of the location” after “no longer a deficient bridge”; ####

(6)in subsection (g)— #####

(A)in the subsection heading, by striking “Less Than 5,000” and inserting “Less Than 50,000”; and #####

(B)by striking paragraph

(1)and inserting the following: > > #### “(1) In general > > 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 clauses

(iii)and

(iv)of subsection (d)(1)(A) for each fiscal year may be obligated on— > > > ##### “(A) > > roads functionally classified as rural minor collectors or local roads; or > > > ##### “(B) > > on critical rural freight corridors designated under section 167(e).” > ; and ####

(7)by adding at the end the following: > > ### “(j) Rural Barge Landing, Dock, and Waterfront Infrastructure Projects > > > #### “(1) In general > > A State may use not more than 5 percent of the funds apportioned to the State under section 104(b)(2) for eligible rural barge landing, dock, and waterfront infrastructure projects described in paragraph (2). > > > #### “(2) Eligible projects > > An eligible rural barge landing, dock, or waterfront infrastructure project referred to in paragraph

(1)is a project for the planning, designing, engineering, or construction of a barge landing, dock, or other waterfront infrastructure in a rural community or a Native village (as defined in section 3 of the Alaska Native Claims Settlement Act (43 U.S.C. 1602)) that is off the road system. > > > ### “(k) Projects in Rural Areas > > > #### “(1) Set aside > > Notwithstanding subsection (c), in addition to the activities described in subsections

(b)and (g), of the amounts apportioned to a State for each fiscal year to carry out this section, not more than 15 percent may be— > > > ##### “(A) > > used on eligible projects under subsection

(b)or maintenance activities on roads functionally classified as rural minor collectors or local roads, ice roads, or seasonal roads; or > > > ##### “(B) > > transferred to— > > > ###### “(i) > > the Appalachian Highway System Program under 14501 of title 40; or > > > ###### “(ii) > > the Denali access system program under section 309 of the Denali Commission Act of 1998 (42 U.S.C. 3121 note; Public Law 105-277). > > > #### “(2) Savings clause > > Amounts allocated under subsection

(d)shall not be used to carry out this subsection, except at the request of the applicable metropolitan planning organization.” > . ###

(b)Set-aside ####

(1)In general Section 133(h) of title 23, United States Code, is amended— #####

(A)in paragraph (1)— ######

(i)in the heading, by striking “Reservation of funds” and inserting “In general”; and ######

(ii)in the matter preceding subparagraph (A), by striking “ for each fiscal year ” and all that follows through “ and ” at the end of subparagraph (A)(ii) and inserting the following: > “for fiscal year 2022 and each fiscal year thereafter— > > > ##### “(A) > > the Secretary shall set aside an amount equal to 10 percent to carry out this subsection; and” > ; #####

(B)by striking paragraph

(2)and inserting the following: > > #### “(2) Allocation within a state > > > ##### “(A) In general > > Except as provided in subparagraph (B), funds set aside for a State under paragraph

(1)shall be obligated within that State in the manner described in subsection (d), except that, for purposes of this paragraph (after funds are made available under paragraph (5))— > > > ###### “(i) > > for fiscal year 2022 and each fiscal year thereafter, the percentage referred to in paragraph (1)(A) of that subsection shall be deemed to be 59 percent; and > > > ###### “(ii) > > paragraph

(3)of subsection

(d)shall not apply. > > > ##### “(B) Local control > > A State may allocate up to 100 percent of the funds referred to in subparagraph (A)(i) if— > > > ###### “(i) > > the State submits to the Secretary a plan that describes— > > > ###### “(I) > > how funds will be allocated to counties, metropolitan planning organizations, regional transportation planning organizations as described in section 135(m), or local governments; > > > ###### “(II) > > how the entities described in subclause

(I)will carry out a competitive process to select projects for funding and report selected projects to the State; > > > ###### “(III) > > the legal, financial, and technical capacity of the entities described in subclause (I); > > > ###### “(IV) > > how input was gathered from the entities described in subclause

(I)to ensure those entities will be able to comply with the requirements of this subsection; and > > > ###### “(V) > > how the State will comply with paragraph (8); and > > > ###### “(ii) > > the Secretary approves the plan submitted under clause (i).” > ; #####

(C)by striking paragraph

(3)and inserting the following: > > #### “(3) Eligible projects > > Funds set aside under this subsection may be obligated for— > > > ##### “(A) > > projects or activities described in section 101(a)(29) or 213, as those provisions were in effect on the day before the date of enactment of the FAST Act (Public Law 114-94; 129 Stat. 1312); > > > ##### “(B) > > projects and activities under the safe routes to school program under section 208; and > > > ##### “(C) > > activities in furtherance of a vulnerable road user safety assessment (as defined in section 148(a)).” > ; #####

(D)in paragraph (4)— ######

(i)by striking subparagraph (A); ######

(ii)by redesignating subparagraph

(B)as subparagraph (A); ######

(iii)in subparagraph

(A)(as so redesignated)— ######

(I)by redesignating clauses

(vii)and

(viii)as clauses

(viii)and (ix), respectively; ######

(II)by inserting after clause

(vi)the following: > > ###### “(vii) > > a metropolitan planning organization that serves an urbanized area with a population of 200,000 or fewer;” > ; ######

(III)in clause

(viii)(as so redesignated), by striking “responsible” and all that follows through “programs; and” and inserting a semicolon; ######

(IV)in clause

(ix)(as so redesignated)— ######

(aa)by inserting “that serves an urbanized area with a population of over 200,000” after “metropolitan planning organization”; and ######

(bb)by striking the period at the end and inserting “; and”; and ######

(V)by adding at the end the following: > > ### “(x) > > a State, at the request of an entity described in clauses

(i)through (ix).” > ; and ######

(iv)by adding at the end the following: > > ##### “(B) Competitive process > > A State or metropolitan planning organization required to obligate funds in accordance with paragraph

(2)shall develop a competitive process to allow eligible entities to submit projects for funding that achieve the objectives of this subsection. > > > ##### “(C) Selection > > A metropolitan planning organization for an area described in subsection (d)(1)(A)(i) shall select projects under the competitive process described in subparagraph

(B)in consultation with the relevant State. > > > ##### “(D) Prioritization > > The competitive process described in subparagraph

(B)shall include prioritization of project location and impact in high-need areas as defined by the State, such as low-income, transit-dependent, rural, or other areas.” > ; #####

(E)in paragraph (5)(A), by striking “reserved under this section” and inserting “set aside under this subsection”; #####

(F)in paragraph (6)— ######

(i)in subparagraph (B), by striking “reserved” and inserting “set aside”; and ######

(ii)by adding at the end the following: > > ##### “(C) Improving accessibility and efficiency > > > ###### “(i) In general > > A State may use an amount equal to not more than 5 percent of the funds set aside for the State under this subsection, after allocating funds in accordance with paragraph (2)(A), to improve the ability of applicants to access funding for projects under this subsection in an efficient and expeditious manner by providing— > > > ###### “(I) > > to applicants for projects under this subsection application assistance, technical assistance, and assistance in reducing the period of time between the selection of the project and the obligation of funds for the project; and > > > ###### “(II) > > funding for 1 or more full-time State employee positions to administer this subsection. > > > ###### “(ii) Use of funds > > Amounts used under clause

(i)may be expended— > > > ###### “(I) > > directly by the State; or > > > ###### “(II) > > through contracts with State agencies, private entities, or nonprofit entities.” > ; #####

(G)by redesignating paragraph

(7)as paragraph (8); #####

(H)by inserting after paragraph

(6)the following: > > #### “(7) Federal share > > > ##### “(A) Required aggregate non-federal share > > The average annual non-Federal share of the total cost of all projects for which funds are obligated under this subsection in a State for a fiscal year shall be not less than the average non-Federal share of the cost of the projects that would otherwise apply. > > > ##### “(B) Flexible financing > > Subject to subparagraph (A), notwithstanding section 120— > > > ###### “(i) > > funds made available to carry out section 148 may be credited toward the non-Federal share of the costs of a project under this subsection if the project— > > > ###### “(I) > > is an eligible project described in section 148(e)(1); and > > > ###### “(II) > > is consistent with the State strategic highway safety plan (as defined in section 148(a)); > > > ###### “(ii) > > the non-Federal share for a project under this subsection may be calculated on a project, multiple-project, or program basis; and > > > ###### “(iii) > > the Federal share of the cost of an individual project in this section may be up to 100 percent. > > > ##### “(C) Requirement > > Subparagraph

(B)shall only apply to a State if the State has adequate financial controls, as certified by the Secretary, to account for the average annual non-Federal share under this paragraph.” > ; and #####

(I)in subparagraph

(A)of paragraph

(8)(as so redesignated)— ######

(i)in the matter preceding clause (i), by striking “describes” and inserting “includes”; and ######

(ii)by striking clause

(ii)and inserting the following: > > ###### “(ii) > > a list of each project selected for funding for each fiscal year, including, for each project— > > > ###### “(I) > > the fiscal year during which the project was selected; > > > ###### “(II) > > the fiscal year in which the project is anticipated to be funded; > > > ###### “(III) > > the recipient; > > > ###### “(IV) > > the location, including the congressional district; > > > ###### “(V) > > the type; > > > ###### “(VI) > > the cost; and > > > ###### “(VII) > > a brief description.” > . ####

(2)State transferability Section 126(b)(2) of title 23, United States Code, is amended— #####

(A)by striking the period at the end and inserting “; and”; #####

(B)by striking “ reserved for a State under section 133(h) for a fiscal year may ” and inserting the following: > “set aside for a State under section 133(h) for a fiscal year— > > > ##### “(A) > > may” > ; and #####

(C)by adding at the end the following: > > ##### “(B) > > may only be transferred if the Secretary certifies that the State— > > > ###### “(i) > > held a competition in compliance with the guidance issued to carry out section 133(h) and provided sufficient time for applicants to apply; > > > ###### “(ii) > > offered to each eligible entity, and provided on request of an eligible entity, technical assistance; and > > > ###### “(iii) > > demonstrates that there were not sufficiently suitable applications from eligible entities to use the funds to be transferred.” > .

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