Moving Ahead for Progress in the 21st Century Act or MAP-21 - Division A: Federal-Aid Highways and Highway Safety Construction Programs - Title I: Federal-Aid Highways - Subtitle A: Authorizations and Programs - (Sec. 1101) Authorizes appropriations out of the Highway Trust Fund (HTF) (other than the Mass Transit Account) equal to FY2012 federal highway spending levels plus inflation for FY2013 and FY2014 for: (1) certain new and existing core federal-aid highway programs; (2) the transportation infrastructure finance and innovation program; (3) the federal lands, tribal transportation, and federal lands access programs; and (4) the territorial and Puerto Rico highway program.
Requires the expenditure of 10% of amounts made available for federal-aid highways and public transportation programs on small business concerns owned and controlled by socially and economically disadvantaged individuals.
Requires states to compile annual lists of small disadvantaged business enterprises according to minimum uniform criteria established by the Secretary of Transportation (DOT).
(Sec. 1102) Prescribes obligation ceilings for federal-aid highway and highway safety construction programs, with specified exceptions.
Prescribes requirements, including a formula, and restrictions for certain FY2013 and FY2014 distributions from the obligation limitation for federal-aid highways. Requires the Secretary to redistribute to the states any federal-aid highway program funds that, because of the imposition of any obligation limitation, will not be allocated or otherwise made available for obligation to them for surface transportation program projects.
(Sec. 1104) Revises the National Highway System (NHS) program.
Repeals the maximum mileage of 178,250 miles for NHS highways.
Eliminates authority to add new congressional high-priority corridors. Repeals the specification of uses of obligated federal funds for state and territory eligible NHS projects.
Repeals specified authority for the transfer to a state's apportionment of certain Interstate construction funds, whether in surplus or not.
Amends the Intermodal Surface Transportation Efficiency Act of 1991 to designate as future Interstate Route I-11 certain Arizona and Nevada segments of the CANAMEX Corridor.
(Sec. 1105) Authorizes appropriations for FY2013-FY2014 for Federal Highway Administration (FHWA) administrative expenses.
Directs the Secretary to distribute federal-aid highway funds apportioned to states for each fiscal year: (1) among the national highway performance (new core program), the surface transportation, (new core program), the highway safety improvement, the national freight (new core program), and the congestion mitigation and air quality improvement (CMAQ) programs; as well as (2) to metropolitan transportation planning.
(Sec. 1106) Directs the Secretary to establish and implement a national highway performance program. (Effectively consolidates the interstate maintenance, NHS, and part of the highway bridge programs.)
Requires states to develop risk-based asset management plans that include strategies leading to projects that would make progress toward achieving state targets and national goals to improve infrastructure condition and performance on the NHS.
Requires a state to obligate a specified amount of the apportionment of national highway performance program funds for the restoration of certain Interstate System (IS) pavement and NHS bridges.
Makes natural habitat and wetlands mitigation projects eligible for national highway performance program funds.
(Sec. 1107) Revises the emergency relief fund program.
Reauthorizes appropriations for the emergency relief fund for the repair or reconstruction of highways, roads, and trails damaged as a result of a disaster.
Makes the costs of debris removal due to such a disaster an eligible expense for emergency relief program funding.
Authorizes the Secretary to obligate fund amounts for the repair or reconstruction of disaster-affected tribal transportation facilities, federal lands transportation facilities, and other federally-owned roads that are open to public travel, whether or not they are federal-aid highways.
(Sec. 1108) Revises surface transportation program (STP) eligibility requirements.
Revises formulae for the state apportionment of STP funds in urbanized areas with populations over 200,000, nonurbanized areas with populations over 5,000, and in other areas.
Requires a state to obligate a specified amount of the apportionment of STP funds for the improvement of certain deficient off-system bridges.
Authorizes a state to obligate a specified amount of the apportionment of STP funds on roads classified as minor collectors in areas with populations less than 5,000.
(Sec. 1109) Requires the Secretary to deduct a certain amount from Federal Highway Administration (FHWA) administrative funds per fiscal year (instead of whenever certain apportionments are made) for: (1) surface transportation and technology on-the-job training programs, and (2) training programs for minority business enterprises to achieve proficiency to compete for federal-aid highway contracts and subcontracts.
(Sec. 1110) Directs the Secretary to deduct for each of FY2013-FY2014 at least $10 million from FHWA administrative expenses for highway use tax evasion projects.
(Sec. 1111) Revises the highway bridge program.
Directs the Secretary to: (1) inventory all highway bridges and tunnels, (2) determine the cost of replacing structurally deficient bridges, (3) establish national inspection standards for evaluating all highway bridges and tunnels for safety and serviceability, and (4) establish a training program for highway bridge and tunnel inspectors.
Authorizes a state to use STP funds to replace certain bridges and ferries that have been destroyed.
(Sec. 1112) Revises the highway safety improvement program.
Directs the Secretary to establish requirements for regularly recurring updates and approval of state strategic highway safety plans.
Requires the Secretary to: (1) study the best practices for implementing cost-effective roadway safety infrastructure improvements on high-risk rural roads; and (2) develop, based on the study results, a best practices manual for federal, state, and local efforts to reduce fatalities and serious bodily injury crashes on such roads.
(Sec. 1113) Revises CMAQ program eligibility requirements.
Authorizes a state to obligate CMAQ program funds apportioned for a transportation project in a nonattainment area for ozone, carbon monoxide, or particulate matter for a project that shifts traffic demand to nonpeak hours or other transportation modes, increases vehicle occupancy rates, or otherwise reduces demand for roads through means such as telecommuting, ridesharing, carsharing, alternative work hours, and pricing.
Authorizes a state to obligate the apportionment of CMAQ program funds: (1) for projects to reduce particulate matter within areas designated nonattainment for ozone or carbon monoxide, or both, and for PM-10 resulting from transportation activities; and (2) to establish electric vehicle charging stations or natural gas vehicle refueling stations.
Requires states to obligate 25% of the apportionment of CMAQ program funds for projects to reduce fine particulate matter emissions within areas designated as nonattainment or maintenance for PM2.5, including diesel retrofits.
Requires each metropolitan planning organization (MPO) serving a nonattainment or maintenance area with a population over 1 million people to develop a performance plan that describes projects that will achieve certain emission and traffic congestion reduction targets.
Requires the Secretary to assess the outcomes of emissions or traffic congestion reduction projects funded under the CMAQ program.
(Sec. 1114) Revises and replaces the Puerto Rico highway program with the Territorial and Puerto Rico highway program. (Effectively consolidates the programs.)
Makes certain allocations for the Puerto Rico highway and territorial highway programs for resurfacing and reconstruction, highway safety improvement, surface transportation program, preventive maintenance, and ferry boats and terminal facilities projects.
Repeals the current territorial highway program.
(Sec. 1115) Directs the Secretary to; (1) establish a national freight network to improve movement of freight on highways, including freight intermodal connectors and national highway and aerotropolis transportation systems; and (2) develop, periodically update, and post on the Department of Transportation (DOT) website a national freight strategic plan including specified assessments and best practices.
Defines "aerotropolis transportation system" as a planned and coordinated multimodal freight and passenger transportation network that provides efficient, cost-effective, sustainable, and intermodal connectivity to a defined region of economic significance centered around a major airport.
Directs the Secretary to designate a primary freight network consisting of 27,000 centerline miles of existing roadways most critical to the movement of freight.
Authorizes a state to designate a road within state borders, meeting specified criteria, as a critical rural freight corridor.
Directs the Secretary to prepare biennially a report containing a description of the conditions and performance of the national freight network.
Directs the Secretary to begin development of new transportation investment data and planning tools or to improve existing tools to support an outcome-oriented, performance-based approach to evaluate proposed freight-related and other transportation projects.
(Sec. 1116) Authorizes the Secretary to increase the federal share of costs for Interstate System (IS) projects to 95% and 90% for any other project meeting specified requirements that improves the efficient movement of freight.
(Sec. 1117) Directs the Secretary to encourage states to establish state freight advisory committees to provide advice on freight-related priorities, issues, projects, and funding needs.
(Sec. 1118) Directs the Secretary to encourage states to develop state freight plans for immediate and long-range planning activities and investments with respect to freight.
(Sec. 1119) Revises requirements for making authorized funds available for the tribal transportation, federal lands transportation, and federal lands access programs for various transportation planning and highway improvement projects.
(Sec. 1120) Amends the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU) to require the Secretary to provide grants to state departments of transportation, tribal governments, transit agencies, or multi-state agencies for projects of national and regional significance.
Requires congressional approval for federal funding of such projects.
Authorizes appropriations for FY2013.
(Sec. 1121) Revises the formula for the allocation of federal-aid highway funds to states for construction of ferry boats and ferry terminal facilities.
Authorizes appropriations for FY2013-FY2014.
Revises requirements for the National Ferry Database to include information on federal, state, and local government funding sources for ferry systems.
Requires the Secretary to ensure that the database is consistent with the Federal Transit Administration (FTA) national transit database.
Makes amounts for the Bureau of Transportation Statistics available for the database through FY2014.
(Sec. 1122) Directs the Secretary to reserve a specified proportion of transportation enhancements program funds apportioned to a state for FY2009 for surface transportation alternatives, recreational trails program, and safe routes to school program projects as well as planning or constructing boulevards and other roadways of former IS routes or other divided highways.
Makes certain allocations of reserved funds to states or MPOs for such projects in urbanized areas with populations over 200,000, nonurbanized areas with populations over 5,000, and in other areas.
(Sec. 1123) Directs the Secretary to carry out a Tribal High Priority Projects program.
Authorizes Indian tribes to submit applications for emergency or disaster projects to the Secretary of the Interior and the Secretary.
Authorizes appropriations for FY2013-FY2014.
Subtitle B: Performance Management - (Sec. 1201) Revises metropolitan transportation and statewide transportation planning requirements.
Requires MPOs, in developing long-range metropolitan transportation plans and transportation improvement programs (TIPs) for metropolitan planning areas, to use a process that establishes certain performance measures and targets for the metropolitan transportation planning of federal-aid highway projects.
Authorizes an MPO to elect to develop multiple scenarios for consideration as part of the development of the metropolitan transportation plan.
Authorizes funding.
(Sec. 1202) Requires each state, in developing a statewide transportation plan and a statewide transportation improvement program (STIP), to use similar performance measures and targets for the statewide transportation planning of federal-aid highway projects.
Authorizes funding.
Authorizes states to establish regional transportation organizations for the nonmetropolitan transportation planning of federal-aid highway projects.
(Sec. 1203) Declares that it is in the interest of the United States to focus the federal-aid highway program on certain national goals, including to: (1) significantly reduce traffic fatalities and serious injuries on all public roads, (2) maintain the highway infrastructure system in a state of good repair, (3) improve the efficiency of the surface transportation system, (4) improve the national freight network and support regional economic development, (5) enhance the performance of the transportation system while protecting the natural environment, and (6) reduce project delivery delays.
Directs the Secretary to establish performance measures and standards for states to use to assess: (1) IS and NHS pavements and bridges, (2) highway injuries and fatalities, (3) traffic congestion and gas emissions, and (4) freight movement on the IS.
Requires states to: (1) establish performance targets that reflect such assessments; and (2) report biennially to the Secretary on the condition and performance of the NHS, progress in achieving the performance targets, and the ways states are addressing congestion at freight bottlenecks.
Subtitle C: Acceleration of Project Delivery - (Sec. 1301) Directs the Secretary to carry out a project delivery acceleration initiative to identify, develop, and advance the use of best practices and deployment of technology and innovation to accelerate project delivery and to reduce project costs for transportation projects and programs while enhancing safety and protecting the environment.
Declares that it is U.S. policy to expedite the delivery of surface transportation projects by substantially reducing the average length of the environmental review process for them.
(Sec. 1302) Authorizes a state (at its own expense) to acquire real property interests for an approved surface transportation project before the completion of its environmental review process under NEPA without affecting subsequent project approval by the state or any federal agency.
Authorizes the Secretary to authorize the use of federal funds for a state's early acquisition of real property interests for a surface transportation project. Requires the Secretary to complete the NEPA environmental review process before authorizing such a use.
(Sec. 1303) Authorizes a contracting agency (state transportation department) to award, on a competitive basis, a two-phase contract to a construction manager or general contractor for pre-construction and construction services on federal-aid highway projects.
(Sec. 1304) Declares that it is in the national interest to promote the use of innovative technologies and practices that increase the efficiency of construction, improve the safety, and extend the service life of highways and bridges.
Allows the federal share payable on account of a project or activity, at state discretion, to be up to 100% percent if it: (1) contains innovative project delivery methods that improve work zone safety for motorists or workers and the quality of the facility; (2) contains innovative technologies, manufacturing processes, financing, or contracting methods that improve the quality, extend the service life, or decrease the long-term costs of maintaining highways and bridges; (3) accelerates project delivery while complying with other applicable federal laws (including regulations) and not causing any significant adverse environmental impact; or (4) reduces congestion related to highway construction.
(Sec. 1305) Directs the Secretary to initiate a rulemaking to allow for the use of programmatic approaches meeting specified requirements to conduct environmental reviews of surface transportation projects.
(Sec. 1306) Authorizes the Secretary within 30 days after the close of the public comment period on a draft environmental impact statement, to convene a meeting with the project sponsor, lead agency, resource agencies, and any relevant state agencies to ensure that all parties are on schedule to meet deadlines for decisions to be made regarding the project.
Authorizes the Secretary, if those agencies cannot provide reasonable assurances that those deadlines will be met, and before the completion of the record of decision, to initiate an accelerated issue resolution and referral process according to specified requirements. Prescribes administrative penalties for federal agency failure to render a decision.
(Sec. 1307) Revises requirements for the provision of federal funds at state request for a project subject to the environmental review process to support activities that directly and meaningfully contribute to expediting and improving transportation project planning and delivery for projects in that state.
Requires the affected federal agency and the state agency, with respect to funds for dedicated staffing at that federal agency, to enter into a memorandum of understanding that establishes the projects and priorities to be addressed by the use of those funds.
(Sec. 1308) Decreases from 180 days to 150 days after Federal Register publication of a notice the deadline for filing a claim seeking judicial review of the permit, license, or approval for a highway or public transportation capital project.
(Sec. 1309) Requires the Secretary, upon the request of a project sponsor or the governor of the state in which the project is located, to provide additional technical assistance to resolve within four years any project issues and project delay related to environmental review under NEPA.
(Sec. 1310) Authorizes the federal lead agency (DOT) to adopt and use a planning product (resulting from the decisionmaking process) in proceedings relating to any class of action in the environmental review process of a surface transportation project.
(Sec. 1311) Authorizes a state or MPO, as part of the statewide or metropolitan transportation process, to develop one or more programmatic mitigation plans to address potential environmental impacts of future transportation projects.
(Sec. 1312) Prohibits the Secretary from requiring a state, as a condition of assuming responsibility for categorical exclusions, to forego project delivery methods otherwise permissible for highway projects.
Authorizes a state to terminate its assumption of responsibility for designating activities for categorical exclusion from requirements for environmental assessments or environmental impact statements.
(A "categorical exclusion" under NEPA is a category of actions which do not individually or cumulatively have a significant effect on the human environment and which have been found to have no such effect in procedures adopted by a federal agency in implementing environmental regulations and for which, therefore, neither an environmental assessment nor an environmental impact statement is required.)
(Sec. 1313) Converts the surface transportation project delivery pilot program into a permanent program, making all states eligible to participate.
Revises requirements for the written agreement between DOT and a state that assumed DOT responsibilities for environmental review, consultation, or other action required under any federal environmental law pertaining to the review or approval of a specific project.
Prohibits transfer to a state, however, of DOT responsibilities for: (1) metropolitan, statewide, or nonmetropolitan transportation planning; or (2) any conformity determination under the Clean Air Act with respect to the bar against support or financial assistance to any activity that does not conform to an approved or promulgated state implementation plans for national primary and secondary ambient air quality standards.
Prohibits the Secretary from requiring a state, as a condition of participation in the surface transportation project delivery program, to forego project delivery methods otherwise permissible for projects.
Requires a written agreement to: (1) require the state to provide the Secretary information necessary to ensure that it is adequately carrying out such responsibilities, (2) have a term of no more than five years, and (3) be renewable.
Requires the Secretary to monitor state compliance with the written agreement after its fourth year of participation in the program, including state provision of financial resources to carry out the agreement.
Authorizes a state to terminate its participation in the program at any time by giving the Secretary 90 days notice.
(Sec. 1314) Repeals certain requirements for joint activities of the Secretary with the Secretary of Housing and Urban Development (HUD).
Authorizes a multimodal project lead DOT authority (operating administration or secretarial office) to apply a categorical exclusion (that does not involve significant environmental impact), designated under the implementing regulations or procedures of a cooperating DOT authority that is not the lead authority, for other components of a multimodal transportation project if specified conditions are met.
(Sec. 1315) Requires the Secretary to publish a notice of proposed rulemaking to treat repair or reconstruction of any road, highway, or bridge damaged or declared emergency as a result of a natural disaster as categorically excluded from environmental assessment or environmental impact statement requirements under NEPA.
(Sec. 1316) Directs the Secretary to designate any federal-aid highway project within an existing right-of-way as categorically excluded from environmental assessments or environmental impact statement requirements under NEPA.
(Sec. 1317) Requires the Secretary to designate a categorical exclusion for projects receiving less than $5 million (or projects with a total estimated cost of not more than $30 million and federal funding of less than 15% of project costs).
(Sec. 1318) Directs the Secretary to: (1) survey the DOT's use of categorical exclusions for transportation projects since 2005; and (2) publish a review of the survey, including any requests for new categorical exclusions.
Requires the Secretary to publish a notice of proposed rulemaking to propose new categorical exclusions received by the Secretary.
(Sec. 1319) Prescribes procedures for accelerating the project delivery decisionmaking process with respect to: (1) environmental review of projects, (2) coordination among relevant agencies in meeting project deadlines, and (3) issue resolution and referral.
(Sec. 1320) Declares the sense of Congress about early cooperation on environmental review and project delivery activities between DOT and other federal agencies with relevant jurisdiction in the environmental review process, including development of policies and designation of staff that advise planning agencies or project sponsors of studies or other information foreseeably required for later federal action and early consultation with state and local agencies and Indian tribes.
Requires DOT and such federal agencies to provide technical assistance to a state or local planning agency if requested.
Authorizes the lead agency to establish memoranda of agreement with the project sponsor, state, and local governments and other appropriate entities to accomplish specified early coordination activities.
(Sec. 1321) Directs the Secretary to establish an initiative to review and develop consistent procedures for environmental permitting and procurement requirements for DOT formula grant programs. Requires the Secretary to publish the initiative in an electronically accessible format.
(Sec. 1322) Requires the Comptroller General (GAO) to: (1) review state laws for conducting environmental reviews of federal-aid highway projects, and (2) determine the frequency and cost of environmental reviews at the federal level that duplicate state reviews providing equivalent environmental protections and opportunities for public involvement.
(Sec. 1323) Directs the Secretary to compare the completion times of categorical exclusions, environmental assessments, and environmental impact statements for federal-aid highway projects among specified time periods.
Directs the Secretary to report to Congress on such review, including any change in the timing for completions and reasons for any such change, as well as reasons for any delays in excess of five years.
Requires the Secretary to report to Congress on the types and justification for additional categorical exclusions granted by the Secretary.
Directs the Comptroller General and the DOT Inspector General each to assess the accelerated project delivery reforms made in this Act.
Subtitle D: Highway Safety - (Sec. 1401) Jason's Law - Expresses the sense of Congress that it is a national priority to address projects for the shortage of long-term parking for commercial motor vehicles on the NHS to improve the safety of motorized and nonmotorized users and for commercial motor vehicle operators.
Makes eligible to be a federal-aid highway project the construction of long-term parking facilities for commercial motor vehicles on the NHS.
Directs the Secretary to survey and assess the availability of parking facilities for commercial motor vehicles in each state. Requires survey results be made available to the public on the DOT website.
Authorizes a state to establish electric vehicle charging stations or natural gas vehicle refueling stations for battery-powered or natural gas-fueled trucks or other motor vehicles at such parking facilities.
(Sec. 1402) Revises open container requirements.
Requires the Secretary to withhold 2.5% (currently 3%) of a state's apportionment of national highway performance and surface transportation program funds if it has not enacted or is not enforcing a law that prohibits the possession of any open alcoholic beverage container, or the consumption of such beverage, in the passenger area of any motor vehicle on a public highway.
Requires such funds to be withheld until the state certifies to DOT the means by which it will use those funds for: (1) alcohol-impaired driving countermeasures and enforcement activities, and (2) the state highway safety improvement program.
(Sec. 1403) Amends the federal-aid highway program to modify the minimum penalties states are required to impose on motorists convicted multiple times for driving while intoxicated or under the influence of alcohol.
Requires repeat offenders to have: (1) all their driving privileges suspended (currently, only a driver's license suspension) for at least one year; or (2) their unlimited driving privileges suspended for one year, with limited driving privileges permitted, subject to restrictions and limited exemptions, if an ignition interlock device is installed for at least one year on each of the motor vehicles they own or operate.
Eliminates the specified current alternative penalty of a combination of suspension of all driving privileges for the first 45 days of the suspension period followed by a reinstatement of limited driving privileges for the purpose of getting to and from work, school, or an alcohol treatment program if an ignition interlock device is installed on each of the motor vehicles owned or operated, or both, by the individual.
Applies the same administrative penalties for state failure to enact or enforce a repeat intoxicated driver law as under Sec. 1402 for state failure to prohibit possession of any open alcoholic beverage container or consumption of the beverage in the passenger area of any motor vehicle on a public highway.
(Sec. 1404) Revises and decreases certain penalties for state failure to enact and/or enforce specified laws regarding: (1) vehicle weight limitations; (2) control of junkyards near the NHS, including the Interstate Highway System; (3) certain other vehicle and size and weight requirements; (4) payment of the heavy vehicle use tax; (5) use of safety belts; (6) the national minimum drinking age; (7) suspension or revocation of the driver's licenses of drug offenders; (8) a zero tolerance blood alcohol concentration for minors; and (9) operation of motor vehicles by intoxicated persons.
Revises penalties for state failure to comply with specified requirements regarding commercial driver's licenses.
(Sec. 1405) Directs the Secretary to modify a specified regulation regarding Work Zone Safety Management Measures and Strategies to ensure that: (1) positive protective measures are used to separate workers on highway construction projects from motorized traffic in all work zones in areas that offer workers no means of escape (such as tunnels and bridges), unless an engineering study determines otherwise; (2) temporary longitudinal traffic barriers are used to protect workers on highway construction projects in long-duration stationary work zones when the project design speed is anticipated to be high and the nature of the work requires workers to be within one lane-width from the edge of a live travel lane, unless certain requirements are met; and (3) when positive protective devices are necessary for highway construction projects, those devices are paid for on a unit-pay basis, unless doing so would create a conflict with certain innovative contracting approaches.
Subtitle E: Miscellaneous - (Sec. 1501) Revises the definition of "carpool project" eligible to be a federal-aid highway project to include real-time ridesharing projects, including those where drivers, using an electronic transfer of funds, recover the costs directly associated with a trip through the use of location technology to quantify those direct costs.
(Sec. 1502) Revises the administrative penalty for a state's failure to commence on-site construction of, or acquisition of rights-of-way for, a highway project within 10 years (or an approved reasonable longer period) after the date on which federal funds are first made available for preliminary engineering of the project. Requires the state to pay an amount equal to the amount of federal funds reimbursed for the preliminary engineering (currently, an amount equal to the amount of federal funds made available for such engineering).
(Sec. 1503) Prohibits the Secretary from assigning responsibilities to a state for design, plans, specifications, estimates, contract awards, and inspections of interstate NHS projects deemed in a high risk category.
Requires a state to develop and carry out a value engineering program with respect to NHS projects receiving federal assistance, except for any project delivered using the design-build method of construction.
Allows the financial plan of a recipient of federal financial assistance for a major project with an estimated total cost of $500 million or more to include a phasing plan when applicable.
Directs the Secretary to encourage the use of advanced technologies, including 3-dimensional modeling, during environmental, planning, financial management, design, simulation, and construction processes of federal-aid highway projects.
Directs the Secretary to review the oversight program for monitoring the effective and efficient use of funds authorized to carry out federal-aid highway programs.
Directs the Secretary to compile, and make available on the DOT website, data on the annual expenditure of funds for federal-aid highway projects.
(Sec. 1504) Prohibits the Secretary from approving any pavement markings project that includes use of glass beads containing more than 200 parts per million of arsenic or lead.
(Sec. 1505) Authorizes the Secretary to permit a state transportation department to approve a justification report the Secretary requests or requires for a project that adds a point of access to, or exit from, the Interstate System.
(Sec. 1506) Makes a technical amendment to existing limitations on the use of convict labor in the construction of federal-aid highways.
Requires a recipient of federal assistance to encourage contractors working on a highway projects to make a best faith effort in the hiring of veterans with the requisite skills and abilities to work on federal-aid highway projects.
(Sec. 1507) Makes eligible for federal-aid highway assistance preventive maintenance activities, including pavement preservation programs and activities for federal highways.
Requires a state department (as under current law) or other direct recipient of federal-aid highway funds that is without legal authority to maintain a federal-aid highway project to enter into a formal agreement with appropriate county or municipality officials for the maintenance of such project.
(Sec. 1508) Authorizes the federal share of project costs at 100% for: (1) maintaining minimum levels of retroreflectivity of highway signs or pavement markings, and (2) shoulder and centerline rumble strips and stripes.
Replaces the federal share of up to 100% payable on account of any repair or reconstruction of forest highways and other public lands roads and trails, as well as Indian reservation roads, with a federal share of up to 100% of the cost of repairing federal land transportation, federal land access transportation, and tribal transportation facilities.
Allows a federal share of up to 90% also for eligible permanent repairs to restore damaged facilities to predisaster condition if the eligible expenses incurred by the state owing to natural disasters or catastrophic failures in a federal fiscal year exceeds the state's annual federal-aid highway apportionment for the fiscal year in which the disasters or failures occurred.
Repeals DOT authority to enter into agreements with a state at its request to reimburse the state for the federal share of the costs of preliminary and construction engineering at an agreed percentage of actual construction costs for each project, in lieu of the actual engineering costs.
Authorizes the use of non-DOT federal agency funds to pay the non-federal share of the cost of any transportation project that is within, adjacent to, or provides access to federal land, if the federal share of the project is funded under federal highway or public transportation law.
Allows the use of funds authorized to be appropriated to carry out the tribal transportation program and the federal lands transportation program to pay the non-federal share of the cost of any project funded under federal highway or public transportation law that provides access to or within federal or tribal land.
(Sec. 1509) Revises and prescribes requirements for state transfer of federal-aid highway funds.
(Sec. 1510) Increases from 400 to 550 pounds the maximum gross vehicle weight and axle weight limitations for heavy-duty vehicles equipped with idle reduction technology operating on the the Dwight D. Eisenhower System of Interstate and Defense Highways.
(Sec. 1511) Authorizes a state to issue special permits for operation on the IS during a major disaster to overweight vehicles and loads that can easily be dismantled or divided.
(Sec. 1512) Revises the toll roads, bridges, tunnels, and ferries program.
Transfers from the Secretary to this Act the authority to permit federal participation in the construction of a toll highway, bridge, or tunnel.
Allows a state, interstate compact of states, or public entity to: (1) reconstruct, restore, or rehabilitate a IS high occupancy vehicle (HOV) highway, bridge, or tunnel toll facility over which it has jurisdiction provided certain requirements are met, and (2) levy tolls on vehicles (excluding HOVs).
Requires all federal-aid highway toll facilities to implement technologies or business practices that provide for the interoperability of electronic toll collection programs.
(Sec. 1513) Makes eligible to be a federal-aid highway project the addition of electric charging stations or natural gas vehicle refueling stations to new or previously federally-funded fringe and corridor parking facilities.
(Sec. 1514) Requires a state agency that allows high occupancy toll vehicles and low emission and energy efficient vehicles to use an HOV facility to report to the Secretary that such facility is not presently degraded, and that the presence of such vehicles will not cause that facility to become degraded and certify that it will carry out certain requirements with respect to such facility. ("Degraded" means failure of vehicles operating on HOV lanes to maintain minimum average operating speed 90% of the time during morning and/or evening weekday peak hour periods.)
Adds the additional requirement that a state bring a degraded facility back into compliance with the minimum average operating speed within 180 days after a degradation has been identified.
(Sec. 1515) Authorizes a state to use up to 100% of its apportionment of federal-aid highway funds for the repair or replacement of transportation facilities that have suffered serious damage as a result of a natural disaster or catastrophic failure from an external cause.
(Sec. 1516) Requires the Secretary of Defense (DOD) to consult with the Secretary when, in the course of a mandatory transportation needs assessment, he or she determines the magnitude of any improvements required to address the transportation impact of a DOD action to access to a military reservation.
(Sec. 1517) Requires the Secretary (who currently is merely authorized) to use photogrammetric methods, whenever practicable, in federal highway mapping services, and utilize commercial enterprises for such services.
Directs the Secretary to develop a process for the oversight and monitoring of state compliance with DOT guidance encouraging them to use private sector sources for surveying and mapping services.
(Sec. 1518) Applies Buy America requirements to federal-aid highway projects.
(Sec. 1519) Makes $3 million available for FY2013-FY2014 (effectively consolidating the programs) for: (1) the operation lifesaver program, (2) work zone safety grants, and (3) the national work zone safety information and public road safety clearinghouses.
Repeals specified federal-aid highway programs.
(Sec. 1520) Amends the Denali Commission Act of 1998 to authorize the Denali Commission to accept transfers of funds from other federal agencies.
(Sec. 1521) Amends the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 to increase payments made by a displacing agency for: (1) relocation expenses for displaced farms, nonprofit organizations, or small businesses; and (2) replacement housing for displaced homeowners and certain other tenants.
Authorizes the lead agency to adjust such amounts for inflation or the cost of living.
Prescribes requirements for federal agency coordination in carrying out relocation and acquisition activities.
(Sec. 1522) Amends the Intermodal Surface Transportation Efficiency Act of 1991 (ISTEA) to extend and make permanent the exemption from certain federal axle weight restrictions for public agency transit passenger buses operating on Dwight D. Eisenhower System of Interstate and Defense Highways.
(Sec. 1524) Directs the Secretary to encourage states and regional transportation planning agencies to enter into contracts and cooperative agreements with qualified youth service or conservation corps for specified transportation improvement projects.
(Sec. 1525) Directs the Secretary to modify a federal regulation regarding material or product selection requirements to ensure that states have the autonomy to determine culvert and storm sewer material types to be included in the construction of federal-aid highway projects.
(Sec. 1526) Requires states when allocating funds apportioned for construction of federal-aid highways to give consideration to the need for evacuation routes, including those serving or adjacent to facilities operated by the Armed Forces.
(Sec. 1527) Prescribes requirements for the consolidation of multimodal project grants.
Authorizes a state, local, or tribal government, U.S. territory, transit agency, port authority, or MPO that receives multiple grant awards from the DOT to support one multimodal project to request the Secretary to designate one modal administration in DOT to be the lead administering authority for the project.
(Sec. 1528) Expresses the sense of Congress that the timely completion of the Appalachian development highway system (ADHS) is in the U.S. national interest.
Prescribes the federal share of costs for ADHS projects at 100% for FY2012-FY2021.
Requires each state represented on the Appalachian Regional Commission to establish a plan for the completion of the designated corridors in the state of the Appalachian development highway system, including annual performance targets, with a target completion date.
Prohibits a state from establishing such a plan, however, if: (1) the percentage of its remaining ADHS needs is greater than 15% of the total cost-to-complete estimate for the entire ADHS, and (2) the plan would result in a reduction of obligated funds for the ADHS within the state for any subsequent fiscal year.
(Sec. 1529) Directs the Secretary to issue guidance to state transportation departments urging that standards, guidance, and options for design and application of traffic control devices provided in the Manual on Uniform Traffic Control Devices not be considered a substitute for engineering judgment.
(Sec. 1530) Urges the Secretary of Education and the Secretary of Labor to use training and employment education program funds to develop programs for transportation-related careers and trades.
(Sec. 1531) Requires the Secretary to provide Congress notice of grants of $500,000 or more at least three days before the grant award is made.
(Sec. 1532) Directs the Secretary to submit a budget justification for each DOT agency concurrently with the President's annual budget to Congress.
(Sec. 1533) Prohibits the use of a state's apportionment of highway safety improvement program funds to purchase, operate, or maintain an automated traffic enforcement system. Exempts from such prohibition automated traffic enforcement systems used to improve safety in school zones.
(Sec. 1534) Directs the Secretary to compile, and make available on the DOT website, best practices on how states, public transportation agencies, and other public officials can work with the private sector in the development, financing, construction, and operation of transportation facilities.
Requires the Secretary to develop standard public-private partnership transaction model contracts for the most popular types of public-private partnerships for the development, financing, construction, and operation of such facilities.
(Sec. 1535) Directs the Comptroller General (GAO) to report to Congress on HTF expenditures (including for purposes other than construction and maintenance of highways and bridges) for each of FY2009-FY2011, with updates every five years. Requires the report to include information similar to that included in the GAO report numbered "GAO-09-729R" and entitled "Highway Trust Fund Expenditures on Purposes Other Than Construction and Maintenance of Highways and Bridges During Fiscal Years 2004-2008."
(Sec. 1536) Expresses the sense of the Senate that: (1) the Administration should request full use of the Harbor Maintenance Trust Fund for operating and maintaining the nation's navigation system; (2) Fund amounts should be fully expended to operate and maintain U.S. navigation channels; and (3) Congress should ensure that other programs, projects, and activities of the Civil Works program of the Corps of Engineers, especially those related to inland navigation and flood control, are not adversely impacted.
(Sec. 1537) Requires the President's budget request to Congress to include, for FY2014 and each ensuing fiscal year, an estimate of: (1) the nationwide average availability of the authorized depth and width of all U.S. navigation channels authorized to be maintained by appropriations from the Harbor Maintenance Trust Fund that would result from harbor maintenance activities funded by the budget request, and (2) the average annual amount of appropriations from the Fund that would be required to increase that average availability to 95% over a three-year period.
(Sec. 1538) Directs the Secretary of the Army, acting through the Chief of Engineers, to: (1) expedite a feasibility study under the Water Resources Development Act of 2007 on the range of options and technologies available to prevent the spread of aquatic nuisance species (including Asian carp) between the Great Lakes and Mississippi River Basins through the Chicago Sanitary and Ship Canal and other aquatic pathways; and (2) if the project is justified, proceed directly to project preconstruction engineering and design.
Requires the report on the study to focus on: (1) such prevention as the permanent hydrological separation of the Great Lakes and Mississippi River Basins, and (2) specified watersheds of rivers and tributaries in Illinois and Indiana associated with the Chicago Area Waterway System (CAWS).
Defines "hydrological separation" as a physical separation on the CAWS that would disconnect the Mississippi River watershed from the Lake Michigan watershed and prevent the transfer of all aquatic species between such bodies of water.
Requires, within 90 days after enactment of this Act, an interim report to Congress on milestones that will be met prior to final completion of the study. Requires the final report to be completed within 18 months.
(Sec. 1539) Requires agreements between the Secretary and state transportation departments for construction of IS projects to contain a clause prohibiting the state from changing the boundary of any right-of-way on the IS to accommodate construction of, or afford access to, an automotive service station or other commercial establishment serving motor vehicle users. Requires the Secretary, however, to allow a state to acquire, construct, operate, and maintain a rest area along an IS highway in the state. Limits commercial activities within such areas.
Authorizes a state to permit the installation, according to criteria established by the Secretary, of signs that acknowledge the sponsorship of rest areas within the rest areas or along the main traveled way of the system, provided that such signs shall not affect the safe and efficient utilization of the IS and the primary system.
Subtitle F: Gulf Restoration - Resources and Ecosystems Sustainability, Tourist Opportunities, and Revived Economies of the Gulf Coast States Act of 2012 - (Sec. 1602) Establishes a Gulf Coast Restoration Trust Fund for deposit of administrative and civil penalties paid in connection with the Deepwater Horizon incident.
(Sec. 1603) Amends the Federal Water Pollution Control Act to make available to the Gulf Coast states (Alabama, Florida, Louisiana, Mississippi, and Texas) 35% of amounts from the Fund each fiscal year for expenditure for ecological and economic restoration of the Gulf Coast ecosystem, including specified recovery activities. Prescribes formulae for allocation of such amounts to coastal political subdivisions of those states meeting certain criteria.
Establishes the Gulf Coast Ecosystem Restoration Council to allocate Fund amounts and draw up a comprehensive plan for projects and programs to restore and protect the natural resources, ecosystems, fisheries, marine and wildlife habitats, beaches, coastal wetlands, and economy of the Gulf Coast.
(Sec. 1604) Directs the Administrator of the National Oceanic and Atmospheric Administration (NOAA) to establish a Gulf Coast Ecosystem Restoration Science, Observation, Monitoring, and Technology Program to carry out research, observation, and monitoring to support the long-term sustainability of the ecosystem, fish stocks, fish habitat, and the recreational, commercial, and charter fishing industry in the Gulf of Mexico.
(Sec. 1605) Makes a specified percentage of Trust funds available to Gulf Coast states to award competitive grants to nongovernmental entities and consortia to establish centers of excellence to conduct research only in the Gulf Coast region.
(Sec. 1607) Prohibits the use of funds made available by this Act to acquire land in fee title by the federal government unless: (1) the land is acquired by exchange or donation; or (2) the acquisition is necessary for the restoration and protection of the natural resources, ecosystems, fisheries, marine and wildlife habitats, beaches, and coastal wetlands of the Gulf Coast region, and has the concurrence of the governor of the state in which the acquisition will take place.
(Sec. 1608) Grants the Inspector General of the Department of the Treasury authority to conduct, supervise, and coordinate audits and investigations of projects, programs, and activities funded under this subtitle.
Title II: America Fast Forward Financing Innovation - America Fast Forward Financing Innovation Act of 2012 - (Sec. 2002) Amends the Transportation Infrastructure Finance and Innovation Act (TIFIA) to revise DOT's TIFIA program of direct loans, loan guarantees, and credit for surface transportation projects.
Revises TIFIA program eligibility requirements to make a project eligible to receive credit assistance if the entity proposing a project submits a letter of interest before submission of a project application and the project meets certain revised creditworthiness criteria.
Requires the reasonably anticipated project costs of an eligible rural infrastructure project to equal or exceed $25 million or one-third of the amount of federal highway assistance funds apportioned for the most recently completed fiscal year to the state in which the project is located. Requires the reasonably anticipated project costs of an eligible an intelligent transportation systems project to equal or exceed $15 million. Requires an applicant for assistance to demonstrate a reasonable expectation that the contracting process for project construction can commence within 90 days after a federal credit instrument is obligated for the project.
Requires the Secretary to establish a rolling application process under which eligible projects shall receive credit on terms acceptable to the Secretary, if adequate funds are available to cover the subsidy costs of the federal credit instrument. Authorizes a project sponsor in cases where there is not adequate funding available to fund a credit instrument to elect to enter into a master credit agreement and wait until the following fiscal year to receive credit assistance.
Allows the use of the proceeds of secured loans to refinance existing federal credit instruments for rural infrastructure projects.
Increases from 33% to 49% of the reasonably anticipated eligible project costs the maximum amount of a secured loan that receives an investment grade rating.
Requires the interest rate of a loan offered to a rural infrastructure project to be at half the Treasury Rate.
Sets the final maturity date of a secured loan as the useful life of the capital asset being financed if that useful life is under 35 years.
Authorizes the Secretary to waive the nonsubordination requirement for a secured loan or a line of credit for public agency borrowers that are financing ongoing capital programs and have outstanding senior bonds under a pre-existing indenture, if the secured loan is rated in the A-category or higher and other specified criteria are met.
Allows total federal assistance on a project receiving a secured loan of up to 80% of the total project cost.
Raises from one to two the number of rating agencies that must give an investment grade rating to the senior obligations of a project for a line of credit to be funded.
Replaces the authorization of appropriations with requirements for the apportionment of spending and borrowing authority. Requires the set-aside of 10% of any funding for rural infrastructure projects.
Division B: Public Transportation - Federal Public Transportation Act of 2012 - (Sec. 20002) Amends the Transportation Equity Act for the 21st Century (TEA-21) and SAFETEA-LU to repeal specified programs and related requirements, including: (1) the clean fuels grant program, (2) job access and reverse commute formula grants, (3) the New Freedom Program, (4) alternative transportation in parks and public lands, (5) certain project review requirements, (6) the over-the-road bus accessibility program, (7) the elderly individuals and individuals with disabilities pilot program, (8) the public-private partnership pilot program, (9) the national fuel cell bus technology development program, (10) specified allocations for national research and technology programs, and (11) grants for nonfixed route paratransit services for individuals with disabilities.
(Sec. 20003) Revises public transportation policies and purposes.
(Sec. 20005) Revises metropolitan transportation planning and statewide transportation planning requirements.
Requires each MPO, in cooperation with state and public transportation operators, to develop long-range metropolitan transportation plans and TIPs for metropolitan planning areas of the state through a performance-driven, outcome-based approach to metropolitan transportation planning.
Revises requirements for designation of a MPO for an urbanized area.
Allows the restructuring of any MPO without being redesignated.
Repeals the specific consent of Congress to California and Nevada to designate a MPO for the Lake Tahoe region.
Requires each MPO to update its metropolitan transportation plan at least once every five years. Continues the requirement of a plan update every four years for an MPO operating in a nonattainment or a maintenance area.
Revises requirements for metropolitan transportation plans to include performance measures and targets. Allows MPOs to develop multiple scenarios for consideration as a part of the development of a metropolitan transportation plan.
Requires that regionally significant projects proposed for funding be identified individually in a TIP, and those not regionally significant to be grouped in one line item if not identified individually in the TIP.
Prescribes requirements for a financial plan.
Requires a designated MPO to develop a TIP for the metropolitan planning area that: (1) contains projects consistent with the current metropolitan transportation plan; (2) reflects the investment priorities established in the current metropolitan transportation plan; and (3), once implemented, will make significant progress toward achieving established performance targets.
Directs the Secretary to establish criteria to evaluate the effectiveness of the performance-based planning processes of MPOs.
Authorizes the Secretary to make grants to a state or local governmental authority in a pilot program to assist in financing comprehensive transit-oriented development planning.
(Sec. 20006) Revises statewide transportation planning requirements.
Requires states to establish performance targets for use in the transportation decisionmaking of federal-aid projects in urbanized areas with populations of fewer than 200,000 individuals. Requires states to integrate such targets into the development of the statewide transportation plan and statewide transportation improvement program (STIP).
Authorizes a state to establish and designate regional transportation planning organizations to enhance the planning, coordination, and implementation of statewide strategic long-range transportation plans and TIPs, with an emphasis on addressing the needs of nonmetropolitan areas of the state.
(Sec. 20007) Revises the urbanized area formula public transportation grant program for an urbanized area with a population under 200,000.
Extends the FY2012 special rule authority of the Secretary to award such grants to finance the operating cost of equipment and facilities (except rail fixed guideway) for public transportation systems meeting specified bus criteria in an urbanized area with a population of at least 200,000.
(Sec. 20008) Revises capital investment grant requirements for new fixed-guideway capital projects.
Authorizes the Secretary to make fixed-guideway capital investment grants to state or local governmental authorities for new fixed-guideway capital projects (including bus rapid transit project that is a minimum operable segment or an extension to an existing bus rapid transit system) or small start projects as well as core capacity improvement projects.
Defines "core capacity improvement projects" as substantial corridor-based capital investments in an existing fixed guideway system that increases corridor capacity by not less than 10%. Specifies that such projects replace projects to: (1) modernize existing fixed guideway systems; (2) replace, rehabilitate, and purchase buses and related equipment and construct bus-related facilities; or (3) develop corridors to support new fixed guideway capital projects.
Defines "small start project" to mean a new fixed guideway capital project or corridor-based bus rapid transit project for which: (1) federal assistance for such project is less than $75 million, and (2) the total estimated net capital project cost is less than $250 million.
Defines "program of interrelated projects" as the simultaneous development of: (1) two or more new fixed guideway capital projects or core capacity improvement projects; or (2) one or more new fixed guideway capital projects and one or more core capacity improvement projects.
Eliminates distinctions between requirements for projects costing more or less than $75,000,000, replacing them with grants for new fixed guideway projects and core capacity improvement projects.
Makes a special rule for fixed guideway bus rapid transit projects. Directs the Secretary, for up to three such projects, to: (1) establish a minimum 80% federal share, and (2) not lower the project's rating for degree of local financial commitment for certain purposes as a result of this federal share.
Directs the Secretary to establish a pilot program to demonstrate whether innovative project development and delivery methods or innovative financing arrangements can expedite project delivery for certain new fixed-guideway capital projects and core capacity improvement projects. Prescribes the federal share of project costs at 50%.
(Sec. 20009) Revises requirements for formula grants for the enhanced mobility (currently, special needs) of elderly individuals and individuals with disabilities.
Authorizes the Secretary to make formula grants to recipients for: (1) public transportation projects that exceed the requirements of the Americans with Disabilities Act of 1990, (2) public transportation projects that improve access to fixed route service and decrease reliance by disabled individuals on complementary paratransit, and (3) alternatives to public transportation that assist seniors and disabled individuals with transportation.
Directs the Secretary to apportion formula grants to: (1) urbanized areas with populations of more than 200,000 individuals, (2) small urbanized areas with populations of less than 200,000 individuals, and (3) rural areas.
Revises project certification requirements to: (1) require that a project be included in a locally developed, coordinated public transit-human services transportation plan; and (2) replace the requirement of coordination with private nonprofit providers of services with a requirement of coordination with transportation services assisted by other federal departments and agencies.
Directs the Secretary to make recommendations to Congress on establishing certain performance measures for such grants.
(Sec. 20010) Revises the nonurbanized formula grant program.
Authorizes the Secretary to award rural formula grants to recipients in rural areas for public transportation planning activities.
Directs the Secretary to carry out a public transportation assistance program in the Appalachian region.
Directs the Secretary to apportion specified amounts of rural formula grants each fiscal year for public transportation on Indian reservations.
(Sec. 20011) Revises public transportation research, development, demonstration, and deployment projects requirements.
Authorizes the Secretary to make grants to or enter into contracts, cooperative agreements, or other agreements with state and local governments, providers of public transportation, private or non-profit organizations, institutions of higher education, and technical and community colleges for public transportation research, innovation, development, demonstration, and deployment projects.
Authorizes the Secretary to award competitive grants to urbanized areas with populations of fewer than 200,000 individuals and nonattainment areas and maintenance areas for ozone or carbon monoxide to finance projects for the deployment of low or no emission buses that make greater reductions in energy consumption and harmful emissions.
Sets the federal share of project costs at 80%.
Eliminates the international public transportation information program.
(Sec. 20012) Replaces national research program grants with technical assistance and standards development grants.
Authorizes the Secretary to make grants to and enter into contracts, cooperative agreements, and other agreements with nonprofit organizations, institutions of higher education, or technical or community colleges to administer centers to provide, through a competitive process, for technical assistance and the development of standards and best practices to improve public transportation.
(Sec. 20013) Replaces requirements for a national transit institute with requirements to promote better coordination between public and private sector providers of public transportation.
Directs the Secretary to: (1) provide technical assistance to recipients of federal transit grant assistance on practices and methods to best utilize private providers of public transportation, (2) educate recipients on federal transportation laws and regulations that impact such private providers, and (3) identify any federal transportation regulations or practices that impede greater use of public-private partnerships and private investment in public transportation capital projects.
Requires a report to Congress on the effect of contracting out pu