Surface Transportation Reauthorization Act of 2021

II Calendar No. 64 117TH CONGRESS 1ST SESSION S. 1931 To amend title 23, United States Code, to authorize funds for Federal- aid highways and highway safety construction programs, and for other purposes. IN THE SENATE OF THE UNITED STATES MAY 27, 2021 Mr. CARPER, from the Committee on Environment and Public Works of the Senate, reported the following original bill; which was read twice and placed on the calendar A BILL To amend title 23, United States Code, to authorize funds for Federal-aid highways and highway safety construc- tion programs, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 3 (a) SHORT TITLE.—This Act may be cited as the 4 ‘‘Surface Transportation Reauthorization Act of 2021’’. 5 (b) TABLE OF CONTENTS.—The table of contents for 6 this Act is as follows: 7 VerDate Sep 11 2014 21:52 May 28, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S1931.RS S1931 TKELLEY on DSK125TN23PROD with BILLS 2 •S 1931 RS Sec. 1. Short title; table of contents. Sec. 2. Definitions. Sec. 3. Effective date. TITLE I—FEDERAL-AID HIGHWAYS Subtitle A—Authorizations and Programs Sec. 1101. Authorization of appropriations. Sec. 1102. Obligation ceiling. Sec. 1103. Definitions. Sec. 1104. Apportionment. Sec. 1105. National highway performance program. Sec. 1106. Emergency relief. Sec. 1107. Federal share payable. Sec. 1108. Railway-highway grade crossings. Sec. 1109. Surface transportation block grant program. Sec. 1110. Nationally significant freight and highway projects. Sec. 1111. Highway safety improvement program. Sec. 1112. Federal lands transportation program. Sec. 1113. Federal lands access program. Sec. 1114. National highway freight program. Sec. 1115. Congestion mitigation and air quality improvement program. Sec. 1116. Alaska Highway. Sec. 1117. Toll roads, bridges, tunnels, and ferries. Sec. 1118. Bridge investment program. Sec. 1119. Safe routes to school. Sec. 1120. Highway use tax evasion projects. Sec. 1121. Construction of ferry boats and ferry terminal facilities. Sec. 1122. Vulnerable road user research. Sec. 1123. Wildlife crossing safety. Sec. 1124. Consolidation of programs. Sec. 1125. State freight advisory committees. Sec. 1126. Territorial and Puerto Rico highway program. Sec. 1127. Nationally significant Federal lands and Tribal projects program. Sec. 1128. Tribal high priority projects program. Sec. 1129. Standards. Sec. 1130. Public transportation. Sec. 1131. Rural opportunities to use transportation for economic success coun- cil. Sec. 1132. Reservation of certain funds. Sec. 1133. Rural surface transportation grant program. Sec. 1134. Bicycle transportation and pedestrian walkways. Sec. 1135. Recreational trails program. Sec. 1136. Updates to Manual on Uniform Traffic Control Devices. Subtitle B—Planning and Performance Management Sec. 1201. Transportation planning. Sec. 1202. Fiscal constraint on long-range transportation plans. Sec. 1203. State human capital plans. Sec. 1204. Prioritization process pilot program. Sec. 1205. Travel demand data and modeling. Sec. 1206. Increasing safe and accessible transportation options. Subtitle C—Project Delivery and Process Improvement VerDate Sep 11 2014 21:52 May 28, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6211 E:\BILLS\S1931.RS S1931 TKELLEY on DSK125TN23PROD with BILLS 3 •S 1931 RS Sec. 1301. Codification of One Federal Decision. Sec. 1302. Work zone process reviews. Sec. 1303. Transportation management plans. Sec. 1304. Intelligent transportation systems. Sec. 1305. Alternative contracting methods. Sec. 1306. Flexibility for projects. Sec. 1307. Improved Federal-State stewardship and oversight agreements. Sec. 1308. Geomatic data. Sec. 1309. Evaluation of projects within an operational right-of-way. Sec. 1310. Preliminary engineering. Sec. 1311. Efficient implementation of NEPA for Federal land management projects. Sec. 1312. National Environmental Policy Act of 1969 reporting program. Sec. 1313. Surface transportation project delivery program written agreements. Sec. 1314. State assumption of responsibility for categorical exclusions. Sec. 1315. Early utility relocation prior to transportation project environmental review. Sec. 1316. Streamlining of section 4(f) reviews. Sec. 1317. Categorical exclusion for projects of limited Federal assistance. Sec. 1318. Certain gathering lines located on Federal land and Indian land. Sec. 1319. Annual report. Subtitle D—Climate Change Sec. 1401. Grants for charging and fueling infrastructure. Sec. 1402. Reduction of truck emissions at port facilities. Sec. 1403. Carbon reduction program. Sec. 1404. Congestion relief program. Sec. 1405. Freight plans. Sec. 1406. Promoting Resilient Operations for Transformative, Efficient, and Cost-saving Transportation (PROTECT) program. Sec. 1407. Healthy Streets program. Subtitle E—Miscellaneous Sec. 1501. Additional deposits into Highway Trust Fund. Sec. 1502. Stopping threats on pedestrians. Sec. 1503. Transfer and sale of toll credits. Sec. 1504. Study of impacts on roads from self-driving vehicles. Sec. 1505. Disaster relief mobilization study. Sec. 1506. Appalachian Regional Commission. Sec. 1507. Denali Commission. Sec. 1508. Requirements for transportation projects carried out through public- private partnerships. Sec. 1509. Reconnecting communities pilot program. Sec. 1510. Cybersecurity tool; cyber coordinator. Sec. 1511. Report on emerging alternative fuel vehicles and infrastructure. Sec. 1512. Nonhighway recreational fuel study. Sec. 1513. Buy America. Sec. 1514. High priority corridors on the National Highway System. Sec. 1515. Interstate weight limits. Sec. 1516. Report on air quality improvements. Sec. 1517. Roadside highway safety hardware. Sec. 1518. Permeable pavements study. Sec. 1519. Emergency relief projects. Sec. 1520. Study on stormwater best management practices. VerDate Sep 11 2014 21:52 May 28, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6211 E:\BILLS\S1931.RS S1931 TKELLEY on DSK125TN23PROD with BILLS 4 •S 1931 RS Sec. 1521. Stormwater best management practices reports. Sec. 1522. Invasive plant elimination program. Sec. 1523. Over-the-road bus tolling equity. Sec. 1524. Bridge terminology. Sec. 1525. Technical corrections. Sec. 1526. Working group on covered resources. Sec. 1527. Blood transport vehicles. Sec. 1528. Pollinator-friendly practices on roadsides and highway rights-of-way. Sec. 1529. Active transportation infrastructure investment program. TITLE II—TRANSPORTATION INFRASTRUCTURE FINANCE AND INNOVATION Sec. 2001. Transportation Infrastructure Finance and Innovation Act of 1998 amendments. TITLE III—RESEARCH, TECHNOLOGY, AND EDUCATION Sec. 3001. Strategic innovation for revenue collection. Sec. 3002. National motor vehicle per-mile user fee pilot. Sec. 3003. Performance management data support program. Sec. 3004. Data integration pilot program. Sec. 3005. Emerging technology research pilot program. Sec. 3006. Research and technology development and deployment. Sec. 3007. Workforce development, training, and education. Sec. 3008. Wildlife-vehicle collision research. Sec. 3009. Transportation Resilience and Adaptation Centers of Excellence. Sec. 3010. Transportation access pilot program. TITLE IV—INDIAN AFFAIRS Sec. 4001. Definition of Secretary. Sec. 4002. Environmental reviews for certain tribal transportation facilities. Sec. 4003. Programmatic agreements for tribal categorical exclusions. Sec. 4004. Use of certain tribal transportation funds. Sec. 4005. Bureau of Indian Affairs road maintenance program. Sec. 4006. Study of road maintenance on Indian land. Sec. 4007. Maintenance of certain Indian reservation roads. Sec. 4008. Tribal transportation safety needs. Sec. 4009. Office of Tribal Government Affairs. SEC. 2. DEFINITIONS. 1 In this Act: 2 (1) DEPARTMENT.—The term ‘‘Department’’ 3 means the Department of Transportation. 4 (2) SECRETARY.—The term ‘‘Secretary’’ means 5 the Secretary of Transportation. 6 VerDate Sep 11 2014 21:52 May 28, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S1931.RS S1931 TKELLEY on DSK125TN23PROD with BILLS 5 •S 1931 RS SEC. 3. EFFECTIVE DATE. 1 This Act and the amendments made by this Act take 2 effect on October 1, 2021. 3 TITLE I—FEDERAL-AID 4 HIGHWAYS 5 Subtitle A—Authorizations and 6 Programs 7 SEC. 1101. AUTHORIZATION OF APPROPRIATIONS. 8 (a) IN GENERAL.—The following amounts are au- 9 thorized to be appropriated out of the Highway Trust 10 Fund (other than the Mass Transit Account): 11 (1) FEDERAL-AID HIGHWAY PROGRAM.—For 12 the national highway performance program under 13 section 119 of title 23, United States Code, the sur- 14 face transportation block grant program under sec- 15 tion 133 of that title, the highway safety improve- 16 ment program under section 148 of that title, the 17 congestion mitigation and air quality improvement 18 program under section 149 of that title, the national 19 highway freight program under section 167 of that 20 title, the carbon reduction program under section 21 175 of that title, to carry out subsection (c) of the 22 PROTECT program under section 176 of that title, 23 and to carry out section 134 of that title— 24 (A) $52,488,065,375 for fiscal year 2022; 25 (B) $53,537,826,683 for fiscal year 2023; 26 VerDate Sep 11 2014 21:52 May 28, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S1931.RS S1931 TKELLEY on DSK125TN23PROD with BILLS 6 •S 1931 RS (C) $54,608,583,217 for fiscal year 2024; 1 (D) $55,700,754,881 for fiscal year 2025; 2 and 3 (E) $56,814,769,844 for fiscal year 2026. 4 (2) TRANSPORTATION INFRASTRUCTURE FI- 5 NANCE AND INNOVATION PROGRAM.—For credit as- 6 sistance under the transportation infrastructure fi- 7 nance and innovation program under chapter 6 of 8 title 23, United States Code, $250,000,000 for each 9 of fiscal years 2022 through 2026. 10 (3) FEDERAL LANDS AND TRIBAL TRANSPOR- 11 TATION PROGRAMS.— 12 (A) TRIBAL TRANSPORTATION PRO- 13 GRAM.—For the tribal transportation program 14 under section 202 of title 23, United States 15 Code— 16 (i) $578,460,000 for fiscal year 2022; 17 (ii) $589,960,000 for fiscal year 2023; 18 (iii) $602,460,000 for fiscal year 19 2024; 20 (iv) $612,960,000 for fiscal year 21 2025; and 22 (v) $627,960,000 for fiscal year 2026. 23 (B) FEDERAL LANDS TRANSPORTATION 24 PROGRAM.— 25 VerDate Sep 11 2014 21:52 May 28, 2021 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S1931.RS S1931 TKELLEY on DSK125TN23PROD with BILLS 7 •S 1931 RS (i) IN GENERAL.—For the Federal 1 lands transportation program under sec- 2 tion 203 of title 23, United States Code— 3 (I) $421,965,000 for fiscal year 4 2022; 5 (II) $429,965,000 for fiscal year 6 2023; 7 (III) $438,965,000 for fiscal year 8 2024; 9 (IV) $447,965,000 for fiscal year 10 2025; and 11 (V) $455,965,000 for fiscal year 12 2026. 13 (ii) ALLOCATION.—Of the amount 14 made available for a fiscal year under 15 clause (i)— 16 (I) the amount for the National 17 Park Service is— 18 (aa) $332,427,450 for fiscal 19 year 2022; 20 (bb) $338,867,450 for fiscal 21 year 2023; 22 (cc) $346,237,450 for fiscal 23 year 2024; 24 VerDate Sep 11 2014 21:52 May 28, 2021 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S1931.RS S1931 TKELLEY on DSK125TN23PROD with BILLS 8 •S 1931 RS (dd) $353,607,450 for fiscal 1 year 2025; and 2 (ee) $360,047,450 for fiscal 3 year 2026; 4 (II) the amount for the United 5 States Fish and Wildlife Service is 6 $36,000,000 for each of fiscal years 7 2022 through 2026; and 8 (III) the amount for the Forest 9 Service is— 10 (aa) $24,000,000 for fiscal 11 year 2022; 12 (bb) $25,000,000 for fiscal 13 year 2023; 14 (cc) $26,000,000 for fiscal 15 year 2024; 16 (dd) $27,000,000 for fiscal 17 year 2025; and 18 (ee) $28,000,000 for fiscal 19 year 2026. 20 (C) FEDERAL LANDS ACCESS PROGRAM.— 21 For the Federal lands access program under 22 section 204 of title 23, United States Code— 23 (i) $285,975,000 for fiscal year 2022; 24 (ii) $291,975,000 for fiscal year 2023; 25 VerDate Sep 11 2014 21:52 May 28, 2021 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S1931.RS S1931 TKELLEY on DSK125TN23PROD with BILLS 9 •S 1931 RS (iii) $296,975,000 for fiscal year 1 2024; 2 (iv) $303,975,000 for fiscal year 3 2025; and 4 (v) $308,975,000 for fiscal year 2026. 5 (4) TERRITORIAL AND PUERTO RICO HIGHWAY 6 PROGRAM.—For the territorial and Puerto Rico 7 highway program under section 165 of title 23, 8 United States Code— 9 (A) $219,000,000 for fiscal year 2022; 10 (B) $224,000,000 for fiscal year 2023; 11 (C) $228,000,000 for fiscal year 2024; 12 (D) $232,500,000 for fiscal year 2025; 13 and 14 (E) $237,000,000 for fiscal year 2026. 15 (5) NATIONALLY SIGNIFICANT FREIGHT AND 16 HIGHWAY PROJECTS.—For nationally significant 17 freight and highway projects under section 117 of 18 title 23, United States Code— 19 (A) $1,000,000,000 for fiscal year 2022; 20 (B) $1,000,000,000 for fiscal year 2023; 21 (C) $1,000,000,000 for fiscal year 2024; 22 (D) $900,000,000 for fiscal year 2025; 23 and 24 (E) $900,000,000 for fiscal year 2026. 25 VerDate Sep 11 2014 21:52 May 28, 2021 Jkt 019200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S1931.RS S1931 TKELLEY on DSK125TN23PROD with BILLS 10 •S 1931 RS (b) OTHER PROGRAMS.— 1 (1) IN GENERAL.—The following amounts are 2 authorized to be appropriated out of the Highway 3 Trust Fund (other than the Mass Transit Account): 4 (A) BRIDGE INVESTMENT PROGRAM.—To 5 carry out the bridge investment program under 6 section 124 of title 23, United States Code— 7 (i) $600,000,000 for fiscal year 2022; 8 (ii) $640,000,000 for fiscal year 2023; 9 (iii) $650,000,000 for fiscal year 10 2024; 11 (iv) $675,000,000 for fiscal year 12 2025; and 13 (v) $700,000,000 for fiscal year 2026. 14 (B) CONGESTION RELIEF PROGRAM.—To 15 carry out the congestion relief program under 16 section 129(d) of title 23, United States Code, 17 $50,000,000 for each of fiscal years 2022 18 through 2026. 19 (C) CHARGING AND FUELING INFRASTRUC- 20 TURE GRANTS.—To carry out section 151(f) of 21 title 23, United States Code— 22 (i) $300,000,000 for fiscal year 2022; 23 (ii) $400,000,000 for fiscal year 2023; 24 VerDate Sep 11 2014 21:52 May 28, 2021 Jkt 019200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S1931.RS S1931 TKELLEY on DSK125TN23PROD with BILLS 11 •S 1931 RS (iii) $500,000,000 for fiscal year 1 2024; 2 (iv) $600,000,000 for fiscal year 3 2025; and 4 (v) $700,000,000 for fiscal year 2026. 5 (D) RURAL SURFACE TRANSPORTATION 6 GRANT PROGRAM.—To carry out the rur [Text truncated for display. 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