Moving Ahead for Progress in the 21st Century Act (MAP-21)
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SEC. 1108. SURFACE TRANSPORTATION PROGRAM.
- Eligible Projects- Section 133(b) of title 23, United States Code, is amended--
- in the matter preceding paragraph (1) by striking 'section 104(b)(3)' and inserting 'section 104(b)(2)';
- by striking paragraph (1);
- by redesignating paragraphs (2) through (15) as paragraphs (5) through (18), respectively;
- by inserting before paragraph (5) (as so redesignated) the following:
- 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.
- 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.
- Construction of a new bridge or tunnel at a new location on a Federal-aid highway.
- 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).';
- by striking paragraph (6) (as so redesignated) and inserting the following:
- 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.).';
- by striking paragraph (7) (as so redesignated) and inserting the following:
- 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.';
- in paragraph (11) (as so redesignated) by striking `enhancement activities' and inserting `alternatives';
- by striking paragraph (14) (as so redesignated) and inserting the following:
- 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
- by inserting after paragraph (18) (as so redesignated) the following:
- Projects and strategies designed to support congestion pricing, including electric toll collection and travel demand management strategies and programs.
- Recreational trails projects eligible for funding under section 206.
- Construction of ferry boats and ferry terminal facilities eligible for funding under section 129(c).
- Border infrastructure projects eligible for funding under section 1303 of the SAFETEA-LU (23 U.S.C. 101 note; Public Law 109-59).
- Truck parking facilities eligible for funding under section 1401 of the MAP-21.
- 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.
- 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.
- Construction and operational improvements for any minor collector if--
- 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;
- 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
- 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).
Location of STP Projects: 23 U.S.C. 133(c):
- Location of Projects- Section 133 of title 23, United States Code, is amended by striking subsection (c) and inserting the following:
- 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--
- as provided in subsection (g);
- for projects described in paragraphs (2), (4), (6), (7), (11), (20), (25), and (26) of subsection (b); and
- as approved by the Secretary.'.
NOTE: This means that bicycle and pedestrian projects [(b)(6)], Transportation Alternatives projects [(b)(11)], and recreational trail projects [(b)(20)] are broadly eligible for Surface Transportation Program funds and may be located anywhere: they do not need to be within Federal-aid highway rights-of-way or Federal-aid highway corridors.
SEC. 1122. TRANSPORTATION ALTERNATIVES.
- In General- Section 213 of title 23, United States Code, is amended to read as follows:
Sec. 213. Transportation alternatives
- Reservation of Funds-
- IN GENERAL- On October 1 of each of fiscal years 2013 and 2014, the Secretary shall proportionally reserve from the funds apportioned to a State under section 104(b) to carry out the requirements of this section an amount equal to the amount obtained by multiplying the amount determined under paragraph (2) by the ratio that--
- the amount apportioned to the State for the transportation enhancements program for fiscal year 2009 under section 133(d)(2), as in effect on the day before the date of enactment of the MAP-21; bears to
- the total amount of funds apportioned to all States for that fiscal year for the transportation enhancements program for fiscal year 2009.
- CALCULATION OF NATIONAL AMOUNT- The Secretary shall determine an amount for each fiscal year that is equal to 2 percent of the amounts authorized to be appropriated for such fiscal year from the Highway Trust Fund (other than the Mass Transit Account) to carry out chapters 1, 2, 5, and 6 of this title.
- Eligible Projects- A State may obligate the funds reserved under this section for any of the following projects or activities:
- Transportation alternatives, as defined in section 101.
- The recreational trails program under section 206.
- The safe routes to school program under section 1404 of the SAFETEA-LU (23 U.S.C. 402 note; Public Law 109-59).
- Planning, designing, or constructing boulevards and other roadways largely in the right-of-way of former Interstate System routes or other divided highways.
- Allocations of Funds-
- CALCULATION- Of the funds reserved in a State under this section--
- 50 percent for a fiscal year shall be obligated under this section to any eligible entity in proportion to their relative shares of the population of the State--
- in urbanized areas of the State with an urbanized area population of over 200,000;
- in areas of the State other than urban areas with a population greater than 5,000; and
- in other areas of the State; and
- 50 percent shall be obligated in any area of the State.
- 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.
- DISTRIBUTION AMONG URBANIZED AREAS OF OVER 200,000 POPULATION-
- IN GENERAL- Except as provided in paragraph (1)(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.
- OTHER FACTORS- A 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.
- ACCESS TO FUNDS-
- IN GENERAL- Each State or metropolitan planning organization required to obligate funds in accordance with paragraph (1) shall develop a competitive process to allow eligible entities to submit projects for funding that achieve the objectives of this subsection.
- DEFINITION OF ELIGIBLE ENTITY- In this paragraph, the term `eligible entity' means--
- a local government;
- a regional transportation authority;
- a transit agency;
- a natural resource or public land agency;
- a school district, local education agency, or school;
- a tribal government; and
- any other local or regional governmental entity with responsibility for or oversight of transportation or recreational trails (other than a metropolitan planning organization or a State agency) that the State determines to be eligible, consistent with the goals of this subsection.
- SELECTION OF PROJECTS- For funds reserved in a State under this section and suballocated to a metropolitan planning area under paragraph (1)(A)(i), each such metropolitan planning organization shall select projects carried out within the boundaries of the applicable metropolitan planning area, in consultation with the relevant State.
- Flexibility of Excess Reserved Funding- Beginning in the second fiscal year after the date of enactment of the MAP-21, if on August 1 of that fiscal year the unobligated balance of available funds reserved by a State under this section exceeds 100 percent of such reserved amount in such fiscal year, the State may thereafter obligate the amount of excess funds for any activity--
- that is eligible to receive funding under this section; or
- for which the Secretary has approved the obligation of funds for any State under section 149.
- Treatment of Projects- Notwithstanding any other provision of law, projects funded under this section (excluding those carried out under subsection (f)) shall be treated as projects on a Federal-aid highway under this chapter.
- Continuation of Certain Recreational Trails Projects- Each State shall--
- 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) 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, including the use of apportioned funds described under subsection (d)(3)(A) of that section.
- State Flexibility- A State may opt out of the recreational trails program under subsection (f) if the Governor of the State notifies the Secretary not later than 30 days prior to apportionments being made for any fiscal year.
- Conforming Amendment- The analysis for chapter 2 of title 23, United States Code, is amended by striking the item relating to section 213 and inserting the following:
213. Transportation alternatives.
Youth Service and Conservation Corps
SEC. 1524. USE OF YOUTH SERVICE AND CONSERVATION CORPS.
- In General- The Secretary shall encourage the States and regional transportation planning agencies to enter into contracts and cooperative agreements with qualified youth service or conservation corps, as defined in sections 122(a)(2) of Public Law 101-610 (42 U.S.C. 12572(a)(2)) and 106(c)(3) of Public Law 103-82 (42 U.S.C. 12656(c)(3)) to perform appropriate projects eligible under sections 162, 206, 213, and 217 of title 23, United States Code, and under section 1404 of the SAFETEA-LU (119 Stat. 1228).
- Requirements- Under any contract or cooperative agreement entered into with a qualified youth service or conservation corps under this section, the Secretary shall--
- set the amount of a living allowance or rate of pay for each participant in such corps at--
- such amount or rate as required under State law in a State with such requirements; or
- for corps in States not described in subparagraph (A), at such amount or rate as determined by the Secretary, not to exceed the maximum living allowance authorized by section 140 of Public Law 101-610 (42 U.S.C. 12594); and
- not subject such corps to the requirements of section 112 of title 23, United States Code.