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Coordinated Border Infrastructure Program

Appendix A

Statutory Language Establishing the National Corridor Planning and Development (NCPD) and Coordinated Border Infrastructure (CBI) Discretionary Programs

SEC. 1118. NATIONAL CORRIDOR PLANNING AND DEVELOPMENT PROGRAM

  1. In General.--

    The Secretary shall establish and implement a program to make allocations to States and metropolitan planning organizations for coordinated planning, design, and construction of corridors of national significance, economic growth, and international or interregional trade. A State or metropolitan planning organization may apply to the Secretary for allocations under this section.

  2. Eligibility of Corridors.--

    The Secretary may make allocations under this section with respect to --

    1. high priority corridors identified in section 1105(c) of the Intermodal Surface Transportation Efficiency Act of 1991; and

    2. any other significant regional or multistate highway corridor not described in whole or in part in paragraph (1) selected by the Secretary after consideration of -

      1. the extent to which the annual volume of commercial vehicle traffic at the border stations or ports of entry of each State -

        1. has increased since the date of enactment of the North American Free Trade Agreement Implementation Act (Public Law 103-182); and

        2. is projected to increase in the future;

      2. the extent to which commercial vehicle traffic in each State --

        1. has increased since the date of enactment of the North American Free Trade Agreement Implementation Act (Public Law 103-182); and

        2. is projected to increase in the futur

      3. the extent to which international truck-borne commodities move through each State;

      4. the reduction in commercial and other travel time through a major international gateway or affected port of entry expected as a result of the proposed project including the level of traffic delays at at-grade highway crossings of major rail lines in trade corridors;

      5. the extent of leveraging of Federal funds provided under this subsection, including -

        1. use of innovative financing;

        2. combination with funding provided under other sections of this Act and title 23, United States Code; and

        3. combination with other sources of Federal, State, local, or private funding including State, local, and private matching funds

      6. the value of the cargo carried by commercial vehicle traffic, to the extent that the value of the cargo and congestion impose economic costs on the Nation's economy; and

      7. encourage or facilitate major multistate or regional mobility and economic growth and development in areas underserved by existing highway infrastructure.

  3. Purposes.--

    Allocations may be made under this section for 1 or more of the following purposes:

    1. Feasibility studies.

    2. Comprehensive corridor planning and design activities.

    3. Location and routing studies.

    4. Multistate and intrastate coordination for corridors described in subsection (b).

    5. After review by the Secretary of a development and management plan for the corridor or a usable component thereof under subsection (b)-

      1. environmental review; and

      2. construction.

  4. Corridor Development and Management Plan. --

    A State or metropolitan planning organization receiving an allocation under this section shall develop, and submit to the Secretary for review, a development and management plan for the corridor or a usable component thereof with respect to which the allocation is being made. Such plan shall include, at a minimum, the following elements:

    1. A complete and comprehensive analysis of corridor costs and benefits.

    2. A coordinated corridor development plan and schedule, including a timetable for completion of all planning and development activities, environmental reviews and permits, and construction of all segments.

    3. A finance plan, including any innovative financing methods and, if the corridor is a multistate corridor, a State-by-State breakdown of corridor finances.

    4. The results of any environmental reviews and mitigation plans.

    5. The identification of any impediments to the development and construction of the corridor, including any environmental, social, political and economic objections. In the case of a multistate corridor, the Secretary shall encourage all States having jurisdiction over any portion of such corridor to participate in the development of such plan.

  5. Applicability of Title 23.--

    Funds made available by section 1101 of this Act to carry out this section and section 1119 shall be available for obligation in the same manner as if such funds were apportioned under chapter 1 of title 23, United States Code.

  6. Coordination of Planning.--

    Planning with respect to a corridor under this section shall be coordinated with transportation planning being carried out by the States and metropolitan planning organizations along the corridor and, to the extent appropriate, with transportation planning being carried out by Federal land management agencies, by tribal governments, or by government agencies in Mexico or Canada.

  7. State Defined.--

    In this section, the term "State" has the meaning such term has under section 101 of title 23, United States Code.

SEC. 1119. - COORDINATED BORDER INFRASTRUCTURE PROGRAM.

  1. General Authority.--

    The Secretary shall establish and implement a coordinated border infrastructure program under which the Secretary may make allocations to border States and metropolitan planning organizations for areas within the boundaries of 1 or more border States for projects to improve the safe movement of people and goods at or across the border between the United States and Canada and the border between the United States and Mexico.

  2. Eligible Uses.--

    Allocations to States and metropolitan planning organizations under this section may only be used in a border region for -

    1. improvements to existing transportation and supporting infrastructure that facilitate cross-border vehicle and cargo movements;

    2. construction of highways and related safety and safety enforcement facilities that will facilitate vehicle and cargo movements related to international trade;

    3. operational improvements, including improvements relating to electronic data interchange and use of telecommunications, to expedite cross border vehicle and cargo movement;

    4. modifications to regulatory procedures to expedite cross border vehicle and cargo movements;

    5. international coordination of planning, programming, and border operation with Canada and Mexico relating to expediting cross border vehicle and cargo movements; and

    6. activities of Federal inspection agencies.

  3. Selection Criteria.--

    The Secretary shall make allocations under this section on the basis of -

    1. expected reduction in commercial and other motor vehicle travel time through an international border crossing as a result of the project;

    2. improvements in vehicle and highway safety and cargo security related to motor vehicles crossing a border with Canada or Mexico;

    3. strategies to increase the use of existing, underutilized border crossing facilities and approaches;

    4. leveraging of Federal funds provided under this section, including use of innovative financing, combination of such funds with funding provided under other sections of this Act, and combination with other sources of Federal, State, local, or private funding;

    5. degree of multinational involvement in the project and demonstrated coordination with other Federal agencies responsible for the inspection of vehicles, cargo, and persons crossing international borders and their counterpart agencies in Canada and Mexico;

    6. improvements in vehicle and highway safety and cargo security in and through the gateway or affected port of entry concerned;

    7. the degree of demonstrated coordination with Federal inspection agencies;

    8. the extent to which the innovative and problem solving techniques of the proposed project would be applicable to other border stations or ports of entry;

    9. demonstrated local commitment to implement and sustain continuing comprehensive border or affected port of entry planning processes and improvement programs; and

    10. such other factors as the Secretary determines are appropriate to promote border transportation efficiency and safety.

  4. Construction of Transportation Infrastructure for Law Enforcement Purposes.--

    At the request of the Administrator of General Services, in consultation with the Attorney General, the Secretary may transfer, during the period of fiscal years 1998 through 2001, not more than $10,000,000 of the amounts made available by section 1101 to carry out this section and section 1118 to the Administrator of General Services for the construction of transportation infrastructure necessary for law enforcement in border States.

  5. Definitions.--

    In this section, the following definitions apply:

    1. Border region. -- The term "border region" means the portion of a border State in the vicinity of an international border with Canada or Mexico.

    2. Border state. -- The term "border State" means any State that has a boundary in common with Canada or Mexico.

Updated: 12/03/2012
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