Public Law 114–94: To authorize funds for Federal-aid highways, highway safety programs, and transit programs, and for other purposes.

$1,150,000,000 for fiscal year 2016;

$1,100,000,000 for fiscal year 2017;

$1,200,000,000 for fiscal year 2018;129 STAT. 1330

$1,350,000,000 for fiscal year 2019; and

$1,500,000,000 for fiscal year 2020.

the total base apportionment determined for the State under subsection (c); bears to

the total base apportionments for all States under subsection (c).

the amount apportioned to the State to carry out section 134 for fiscal year 2009; bears to

the total amount of funds apportioned to the State for that fiscal year for the programs referred to in section 105(a)(2) (except for the high priority projects program referred to in section 105(a)(2)(H)), as in effect on the day before the date of enactment of MAP–21 (Public Law 112–141; 126 Stat. 405).”

each of—

the share for each State, which shall be equal to the proportion that—

$53,596,122 for fiscal year 2019; and

$66,717,816 for fiscal year 2020.

$835,000,000 for each of fiscal years 2016 and 2017 pursuant to section 133(h), plus—

$850,000,000 for each of fiscal years 2018 through 2020 pursuant to section 133(h), plus—

improve the safety, efficiency, and reliability of the movement of freight and people;

generate national or regional economic benefits and an increase in the global economic competitiveness of the United States;

reduce highway congestion and bottlenecks;

improve connectivity between modes of freight transportation;

enhance the resiliency of critical highway infrastructure and help protect the environment;

improve roadways vital to national energy security; and

address the impact of population growth on the movement of people and freight.

A State or a group of States.

A metropolitan planning organization that serves an urbanized area (as defined by the Bureau of the Census) with a population of more than 200,000 individuals.

A unit of local government or a group of local governments.

A political subdivision of a State or local government.

A special purpose district or public authority with a transportation function, including a port authority.

A Federal land management agency that applies jointly with a State or group of States.

A tribal government or a consortium of tribal governments.

A multistate or multijurisdictional group of entities described in this paragraph.

is—

“(ii)

“(iii)

has eligible project costs that are reasonably anticipated to equal or exceed the lesser of—

“(ii)

Not more than $500,000,000 of the amounts made available for grants under this section for fiscal years 2016 through 2020, in the aggregate, may be used to make grants for projects described in paragraph (1)(A)(iii) and such a project may only receive a grant under this section if—

The limitation under subparagraph (A)—

the cost effectiveness of the proposed project; and

the effect of the proposed project on mobility in the State and region in which the project is carried out.

1 or more stable and dependable sources of funding and financing are available to construct, maintain, and operate the project; and

contingency amounts are available to cover unanticipated cost increases;

rural area

At least 60 days before making a grant for a project under this section, the Secretary shall notify, in writing, the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate of the proposed grant. The notification shall include an evaluation and justification for the project and the amount of the proposed grant award.

In addition to the notice required under subparagraph (A), the Secretary shall notify the Committee on Commerce, Science, and Transportation of the Senate before making a grant for a project described in subsection (d)(1)(A)(iii).

The Comptroller General of the United States shall conduct an assessment of the administrative establishment, solicitation, selection, and justification process with respect to the funding of grants under this section.

Not later than 1 year after the initial awarding of grants under this section, the Comptroller General shall submit to the Committee on Environment and Public Works of the Senate, the Committee on Commerce, Science, and Transportation of the Senate, and the Committee on Transportation and Infrastructure of the House of Representatives a report that describes—

highways, bridges, tunnels, including designated routes of the Appalachian development highway system and local access roads under section 14501 of title 40;

ferry boats and terminal facilities eligible for funding under section 129(c);

transit capital projects eligible for assistance under chapter 53 of title 49;

infrastructure-based intelligent transportation systems capital improvements;

truck parking facilities eligible for funding under section 1401 of MAP–21 (23 U.S.C. 137 note); and

border infrastructure projects eligible for funding under section 1303 of SAFETEA–LU (23 U.S.C. 101 note).

the percentage specified in paragraph (6) for a fiscal year shall be obligated under this section, in proportion to their relative shares of the population of the State—

the remainder may be obligated in any area of the State.

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.

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.

for fiscal year 2016, 51 percent;

for fiscal year 2017, 52 percent;

for fiscal year 2018, 53 percent;

for fiscal year 2019, 54 percent; and

for fiscal year 2020, 55 percent.”

the Secretary reserves a total under this subsection of—

the State’s share of that total is determined by multiplying the amount under subparagraph (A) by the ratio that—

for each fiscal year, the percentage referred to in paragraph (1)(A) of that subsection shall be deemed to be 50 percent; and

the following provisions shall not apply:

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. A metropolitan planning organization for an area described in subsection (d)(1)(A)(i) shall select projects under such process in consultation with the relevant State.

In this paragraph, the term ‘’ means—

obligate an amount of funds reserved under this section equal to the amount of the funds apportioned to the State for fiscal year 2009 under section 104(h)(2), as in effect on the day before the date of enactment of MAP–21, for projects relating to recreational trails under section 206;

return 1 percent of those funds to the Secretary for the administration of that program; and

comply with the provisions of the administration of the recreational trails program under section 206, 129 STAT. 1343 including the use of apportioned funds described in subsection (d)(3)(A) of that section.

A State may opt out of the recreational trails program under paragraph (5) if the Governor of the State notifies the Secretary not later than 30 days prior to apportionments being made for any fiscal year.

A metropolitan planning area may use not to exceed 50 percent of the funds reserved under this subsection for an urbanized area described in subsection (d)(1)(A)(i) for any purpose eligible under subsection (b).

Each State or metropolitan planning organization responsible for carrying out the requirements of this subsection shall submit to the Secretary an annual report that describes—

“(i)

The Secretary shall make available to the public, in a user-friendly format on the Web site of the Department of Transportation, a copy of each annual report submitted under subparagraph (A).

“133.

Surface transportation block grant program.”.

the number of ferry passengers, including passengers in vehicles, carried by each ferry system in the most recent calendar year for which data is available; bears to

the number of ferry passengers, including passengers in vehicles, carried by all ferry systems in the most recent calendar year for which data is available;

the number of vehicles carried by each ferry system in the most recent calendar year for which data is available; bears to

the number of vehicles carried by all ferry systems in the most recent calendar year for which data is available; and

the total route nautical miles serviced by each ferry system in the most recent calendar year for which data is available; bears to

the total route nautical miles serviced by all ferry systems in the most recent calendar year for which data is available.

Amounts made available for a fiscal year under this section shall be allocated using the most recent data available, as collected and imputed in accordance with the national ferry database established under section 1801(e) of SAFETEA–LU (23 U.S.C. 129 note).

To be eligible to receive funds under subsection (c), data shall have been submitted in the most recent collection of data for the national ferry database under section 1801(e) of SAFETEA–LU (23 U.S.C. 129 note) for at least 1 ferry service within the State.

Installation of vehicle-to-infrastructure communication equipment.

Pedestrian hybrid beacons.

Roadway improvements that provide separation between pedestrians and motor vehicles, including medians and pedestrian crossing islands.

A physical infrastructure safety project not described in clauses (i) through (xxvii).”

the State does not use funds provided to carry out this section for a project on any such roads until the State completes a collection of the required model inventory of roadway elements for the applicable road segment; and

the State demonstrates that the State consulted with affected Indian tribes before ceasing to collect data with respect to such roads that are included in the National Tribal Transportation Facility Inventory under section 202(b)(1) of this title.

strengthen the contribution of the National Highway Freight Network to the economic competitiveness of the United States;

reduce congestion and bottlenecks on the National Highway Freight Network;

reduce the cost of freight transportation;

improve the year-round reliability of freight transportation; and

increase productivity, particularly for domestic industries and businesses that create high-value jobs;

the primary highway freight system, as designated under subsection (d);

critical rural freight corridors established under subsection (e);

critical urban freight corridors established under subsection (f); and

the portions of the Interstate System not designated as part of the primary highway freight system.

Beginning 5 years after the date of enactment of the FAST Act, and every 5 years thereafter, using the designation factors described in subparagraph (E), the Administrator shall redesignate the primary highway freight system.

Each redesignation may increase the mileage on the primary highway freight system by not more than 3 percent of the total mileage of the system.

In redesignating the primary highway freight system, to the maximum extent practicable, the Administrator shall use measurable data to assess the significance of goods movement, including consideration of points of origin, destinations, and linking components of the United States global and domestic supply chains.

In redesignating the primary highway freight system, the Administrator shall provide an opportunity for State freight advisory committees, as applicable, to submit additional miles for consideration.

In redesignating the primary highway freight system, the Administrator shall consider—

is a rural principal arterial roadway and has a minimum of 25 percent of the annual average daily traffic of the road measured in passenger vehicle equivalent units from trucks (Federal Highway Administration vehicle class 8 to 13);

provides access to energy exploration, development, installation, or production areas;

connects the primary highway freight system, a roadway described in subparagraph (A) or (B), or the Interstate System to facilities that handle more than—

provides access to—

connects to an international port of entry;

provides access to significant air, rail, water, or other freight facilities in the State; or

is, in the determination of the State, vital to improving the efficient movement of freight of importance to the economy of the State.

is in an urbanized area, regardless of population; and

(i)

the total mileage in the State designated as part of the primary highway freight system; bears to

the total mileage of the primary highway freight system in all States.

If the proportion of a State under paragraph (2) is greater than or equal to 2 percent, the State may obligate funds apportioned to the State under section 104(b)(5) for projects on—

If the proportion of a State under paragraph (2) is less than 2 percent, the State may obligate funds apportioned to the State under section 104(b)(5) for projects on any component of the National Highway Freight Network.

Except as provided in this subsection, for a project to be eligible for funding under this section the project shall—129 STAT. 1354

For each fiscal year, a State may obligate not more than 10 percent of the total apportionment of the State under section 104(b)(5) for freight intermodal or freight rail projects, including projects—

Funds apportioned to the State under section 104(b)(5) for the national highway freight program may be obligated to carry out 1 or more of the following:

carrying out diesel retrofit or alternative fuel projects under section 149 for class 8 vehicles; and

the necessary costs of—

intelligent freight transportation system

innovative or intelligent technological transportation systems, infrastructure, or facilities, including elevated freight transportation facilities—

communications or information processing systems that improve the efficiency, security, or safety of freight movements on the Federal-aid highway system, including to improve the conveyance of freight on dedicated intelligent freight lanes.

“(ii)

Transfers of state funds.—

The tribal shares referred to in subparagraph (A) shall be provided without regard to the agency or office of the Department within which the program, service, function, or activity (or portion thereof) is performed.

“(ii)

Terms and conditions.—

terms that generally identify the programs, services, functions, and activities (or portions thereof) to be performed or administered by the Indian tribe; and

for items identified in subparagraph (A)—

Absent notification from an Indian tribe that the Indian tribe is withdrawing from or retroceding the operation of 1 or more programs, services, functions, or activities (or portions thereof) identified in a funding agreement, or unless otherwise agreed to by the parties, each funding agreement shall remain in full force and effect until a subsequent funding agreement is executed.

The terms of the subsequent funding agreement shall be retroactive to the end of the term of the preceding funding agreement.

An Indian tribe, in any manner that the Indian tribe considers to be in the best interest of the Indian community being served, may—

“(ii)

Notwithstanding subparagraph (A), if, pursuant to subsection (d), an Indian tribe receives a discretionary or competitive grant from the Secretary or receives State apportioned funds, the Indian tribe shall use the funds for the purpose for which the funds were originally authorized.

“(ii)

Reassumption of remaining funds.—

Unless the Indian tribe rescinds a request for retrocession, the retrocession shall become effective within the timeframe specified by the parties in the compact or funding agreement. In the absence of such a specification, the retrocession shall become effective on—

“(i)

by an official of the Department who holds a position at a higher organizational level within the Department than the level of the departmental agency in which 129 STAT. 1364 the decision that is the subject of the appeal was made; or

by an administrative judge.

“(i)

Provision to be included in compact or funding agreement.—

The finding referred to in subparagraph (A) is a specific finding of—

The Secretary shall not terminate a compact or funding agreement (or portion thereof) unless—

“(i)

In general.—

In any hearing or appeal involving a decision to terminate a compact or funding agreement (or portion thereof) under this paragraph, the Secretary shall have the burden of proof in demonstrating by clear and convincing evidence the validity of the grounds for the termination.

the inclusion of programs, services, functions, and activities (or portions thereof) and funds associated therewith, in compacts and funding agreements; and129 STAT. 1366

the implementation of the compacts and funding agreements.

An Indian tribe may submit to the Secretary a written request to waive application of a regulation promulgated under this section with respect to a compact or funding agreement. The request shall identify the regulation sought to be waived and the basis for the request.

maintain current tribal transportation program funding agreements and program agreements; or

enter into new agreements under the authority of section 202(b)(7).

The term ‘’ means a compact between the Secretary and an Indian tribe entered into under subsection (c).

The term ‘’ means the Department of Transportation.

The term ‘’ means an Indian tribe that is eligible to participate in the program, as determined under subsection (b).

The term ‘’ means a funding agreement between the Secretary and an Indian tribe entered into under subsection (d).

The term ‘’ means any Indian or Alaska Native tribe, band, nation, pueblo, village, or community that is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians. In any case in which an Indian tribe has authorized another Indian tribe, an intertribal consortium, or a tribal organization to plan for or carry out programs, services, functions, or activities (or portions thereof) on its behalf under this section, the authorized Indian tribe, intertribal consortium, or tribal organization shall have the rights and responsibilities of the authorizing Indian tribe (except as otherwise provided in the authorizing resolution or in this title). In such event, the term ‘’ as used in this section shall include such other authorized Indian tribe, intertribal consortium, or tribal organization.

The term ‘’ means the tribal transportation self-governance program established under this section.

The term ‘’ means the Secretary of Transportation.

The term ‘’ means all programs administered or financed by the Department under this title and chapter 53 of title 49.

Not later than 90 days after the date of enactment of the FAST Act, the Secretary shall initiate procedures under subchapter III of chapter 5 of title 5 to negotiate and promulgate such regulations as are necessary to carry out this section.

Proposed regulations to implement this section shall be published in the Federal Register by the Secretary not later than 21 months after such date of enactment.

The authority to promulgate regulations under subparagraph (A) shall expire 30 months after such date of enactment.

A deadline set forth in subparagraph (B) or (C) may be extended up to 180 days if the negotiated rulemaking committee referred to in paragraph (2) concludes that the committee cannot meet the deadline and the Secretary so notifies the appropriate committees of Congress.

A negotiated rulemaking committee established pursuant to section 565 of title 5 to carry out this subsection shall have as its members only Federal and tribal government representatives, a majority of whom shall be nominated by and be representatives of Indian tribes with funding agreements under this title.

The committee shall confer with, and accommodate participation by, representatives of Indian tribes, inter-tribal consortia, tribal organizations, and individual tribal members.

The Secretary shall adapt the negotiated rulemaking procedures to the unique context of self-governance and the government-to-government relationship between the United States and Indian tribes.

calculate the population under each of those clauses;

decrease the amount under section 133(d)(1)(A)(iii) by the population specified in paragraph (2) of this subsection for the Bi-State MPO Region in that State; and

increase the amount under section 133(d)(1)(A)(i) by the population specified in paragraph (2) of this subsection for the Bi-State MPO Region in that State.

include the determination of the Secretary in the analysis required under that Act;

provide a notice of the determination to—

request from the applicable preservation officer, the Council, and the Secretary of the Interior a concurrence that the determination is sufficient to satisfy subsection (a)(1).

be included in the record of decision or finding of no significant impact of the Secretary; and

be posted on an appropriate Federal website by not later than 3 days after the date of receipt by the Secretary of all concurrences requested under subparagraph (A)(iii).

include the determination of the Secretary in the analysis required under that Act;

provide a notice of the determination to—

request from the applicable preservation officer, the Council, and the Secretary of the Interior a concurrence that the determination is sufficient to satisfy subsection (c)(1).

be included in the record of decision or finding of no significant impact of the Secretary; and

be posted on an appropriate Federal website by not later than 3 days after the date of receipt by the Secretary of all concurrences requested under subparagraph (A)(iii).

project

the analyses and data used in the environmental reviews;

the treatment of any deferred issues raised by agencies or the public; and

the temporal and spatial scales to be used to analyze issues under subclauses (I) and (II);

criteria for determining the general duration of the usefulness of the review; and

a timeline for updating an out-of-date review;

the relationship between any programmatic analysis and future tiered analysis; and

the role of the public in the creation of future tiered analysis;

To the maximum extent practicable, the lead agency shall develop an environmental document sufficient to satisfy the requirements for any Federal approval or other Federal action required for the project, including permits issued by other Federal agencies.

Other participating agencies shall cooperate with the lead agency and provide timely information to help the lead agency carry out this subparagraph.

to initiate the environmental review process, including a timeline and an expected date for the publication in the Federal Register of the relevant notice of intent; or

to decline the application, including an explanation of the reasons for that decision; or129 STAT. 1381

If the Secretary receives a request under subparagraph (A), the Secretary shall respond to the request not later than 45 days after the date of receipt.

The response under clause (i) shall—

If additional information is submitted in accordance with clause (ii)(III), the Secretary shall respond to the submission not later than 45 days after the date of receipt.

to identify agencies and organizations that can provide information about natural, cultural, and historic resources;

to develop the information needed to determine the range of alternatives; and

to improve interagency collaboration to help expedite the permitting process for the lead agency and participating agencies.”

As early as practicable during the environmental review process, the lead agency shall provide an opportunity for involvement by participating agencies and the public in determining the range of alternatives to be considered for a project.

To the maximum extent practicable and consistent with applicable law, each participating agency receiving an 129 STAT. 1382 opportunity for involvement under clause (i) shall limit the comments of the agency to subject matter areas within the special expertise or jurisdiction of the agency.

A participating agency that declines to participate in the development of the purpose and need and range of alternatives for a project shall be required to comply with the schedule developed under subsection (g)(1)(B).”

Following participation under subparagraph (A)”

To the maximum extent practicable and consistent with Federal law, the range of alternatives determined for a project under clause (i) shall be used for all Federal environmental reviews and permit processes required for the project unless the alternatives must be modified—

In carrying out this paragraph, the lead agency shall reduce duplication, to the maximum extent practicable, between—

The lead agency may eliminate from detailed consideration an alternative proposed in an environmental impact statement regarding a project if, as determined by the lead agency—

“(VI)

the date that is 30 days after the date for rendering a decision as described in the project schedule established pursuant to subsection (g)(1)(B);

if no schedule exists, the later of—

a modified date in accordance with subsection (g)(1)(D).”

cite the sources, authorities, and reasons that support the position of the agency; and

if appropriate, indicate the circumstances that would trigger agency reappraisal or further response.

the final environmental impact statement makes substantial changes to the proposed action that are relevant to environmental or safety concerns; or

there is a significant new circumstance or information relevant to environmental concerns that bears on the proposed action or the impacts of the proposed action.

use the searchable Internet website maintained under section 41003(b) of the FAST Act—

issue reporting standards to meet the requirements of subparagraph (A).

A Federal agency participating in the environmental review or permitting process for a project shall provide to the Secretary information regarding the status and progress of the approval of the project for publication on the Internet website referred 129 STAT. 1386 to in paragraph (1)(A), consistent with the standards established under paragraph (1)(B).

The Secretary shall encourage State and local agencies participating in the environmental review permitting process for a project to provide information regarding the status and progress of the approval of the project for publication on the Internet website referred to in paragraph (1)(A).

measures to avoid, minimize, and mitigate impacts at a national or regional scale of proposed transportation investments on environmental resources, including regional ecosystem and water resources; and

potential mitigation activities, locations, and investments.

alternative environmental review and approval procedures

substitution of 1 or more State environmental laws for—

substitution of 1 or more State environmental regulations for—