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 current federal highway spending levels plus inflation for FY2012 and FY2013 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 FY2012 and FY2013 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 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 transportation mobility (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.
(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.
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) Directs the Secretary to establish and implement a transportation mobility program (TMP). (Effectively replaces the surface transportation program.)
Authorizes a state to obligate the apportionment of TMP funds for projects to improve conditions and performance on federal-aid highways and bridges and tunnels on public roads.
Makes certain TMP allocations to areas of a state based on population.
Requires a state to obligate a specified amount of the apportionment of TMP funds for the improvement of certain deficient off-system bridges.
(Sec. 1109) Requires the Secretary to deduct a certain amount from 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 FY2012-FY2013 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) establish national inspection standards for evaluating all highway bridges and tunnels for safety and serviceability, and (3) establish a training program for highway bridge and tunnel inspectors.
Authorizes a state to use TMP 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 issue guidance to states on establishing performance measures and targets for state highway safety improvement programs to reduce serious injuries and fatalities on highways.
(Sec. 1113) Revises the CMAQ program.
Requires states and metropolitan planning organizations (MPOs) to give priority to projects that are proven to reduce PM2.5, including diesel retrofits, in areas designated as nonattainment or maintenance for PM2.5. Requires, also, that 50% of such funds be suballocated for projects to reduce fine particulate matter emissions within areas designated as nonattainment or maintenance for ozone, carbon monoxide, or PM2.5, including diesel retrofits.
Requires each tier I MPO representing a nonattainment or maintenance area (population of more than 50,000 individuals) to develop a performance plan that describes projects that will achieve certain emission and traffic congestion reduction targets.
Authorizes a state to reserve a specified amount of CMAQ program funds for: (1) the transportation enhancements, recreational trails, and safe routes to school programs; and (2) planning, designing, or constructing boulevards and roadways largely in the right-of-way of former Interstate System routes or other divided highways.
(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, transportation mobility program, preventive maintenance, and ferry boats and terminal facilities projects.
(Sec. 1115) Directs the Secretary to: (1) establish a national freight program to improve movement of freight on highways, including freight intermodal connectors and aerotropolis transportation systems; and (2) develop, periodically update, and post on the Department of Transportation (DOT) website a national freight strategic plan.
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.
Authorizes a state to obligate its apportionment of national freight program funds for projects to improve the movement of freight on the national freight network.
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 develop and post on the DOT public website a national freight strategic plan including specified assessments and best practices.
Requires states to develop, and periodically update, state performance targets for freight movement on the primary freight network. Requires states that have not met or made significant progress toward meeting such targets, however, to submit biennially to the Secretary a freight performance improvement plan.
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) 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. 1117) Revises requirements for the Alaska highway program.
Authorizes the Secretary, upon agreement with the state of Alaska, to expend federal-aid highway funds apportioned to the state for necessary reconstruction on: (1) a specified segment of the Alaska Highway, or (2) the Alaska Marine Highway System.
(Sec. 1118) Directs the Secretary to establish a grant program for eligible surface transportation infrastructure projects of national and regional significance.
Authorizes appropriations for FY2013.
Directs the Comptroller General and the DOT Inspector General separately to assess the establishment, solicitation, selection, and justification process with respect to the funding of such projects
(Sec. 1119) Revises the formula for the allocation of federal-aid highway funds to states for construction of ferry boats and ferry terminal facilities.
Directs the Secretary to establish within the FHWA a Ferry Boat Coordination Team to: (1) coordinate federal programs affecting ferry and ferry facility construction, maintenance, operations, and security; and (2) promote ferry transportation.
Authorizes appropriations for FY2012-FY2013.
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 FY2013.
Subtitle B: Performance Management - (Sec. 1201) Revises metropolitan transportation planning and statewide transportation planning requirements.
Requires designation of an MPO for each urbanized area with a population of more than 200,000 individuals and for small urbanized areas with populations between 50,000 and 200,000 individuals. (Currently, an MPO must be designated for each urbanized area with a population of more than 50,000 individuals.)
Requires the Secretary to prescribe a rule that establishes certain minimum requirements (including population) for designation of a tier I and tier II MPO.
Requires MPOs, in developing 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 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.
Requires each state to incorporate the metropolitan transportation plans and TIPs for each metropolitan area into the statewide transportation plan and STIP.
Authorizes funding.
(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.
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.
(Sec. 1302) Authorizes a public authority to acquire real property that may be used for an approved surface transportation project before completion of the environmental review process under the National Environmental Policy Act of 1969 (NEPA) for the project, if the acquisition does not: (1) have an adverse environmental effect, (2) limit the choice of reasonable alternatives for the proposed project, or (3) prevent the lead agency from making an impartial decision as to whether to select an alternative that is being considered during the environmental review process.
(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 of, improve the safety of, 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) 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. 1306) 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.
(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. 1307) Authorizes a state to terminate its assumption of responsibility for designating activities for categorical exclusion from requirements for environmental assessments or environmental impact statements.
(Sec. 1308) 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. Requires the agreement to require the Secretary, after five years, to evaluate the state's ability to carry out those responsibilities.
Repeals the requirement for periodic DOT compliance audits of participating states.
Authorizes a state to terminate its participation in the program at any time by giving the Secretary a 90-days notice.
(Sec. 1309) Directs the Secretary to publish notice of proposed rulemaking for categorical exclusions for federal-aid highway projects that are located solely within the right-of-way of an existing highway and are intended to improve safety, alleviate congestion, or improve pavement conditions.
(Sec. 1310) 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. 1311) 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. 1314) 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. 1315) Authorizes the Secretary to establish an alternative relocation payment demonstration program for the payment of relocation assistance to persons displaced by federally-assisted programs and projects.
(Sec. 1316) 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) 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 (Jason's Law).
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.
(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 administrative penalty for a state's failure to commence on-site construction of, or acquisition of right-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. 1502) 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.
Authorizes a state, subject to DOT project approval, to obligate funds to determine that subrecipients of federal funds have adequate project delivery systems and sufficient accounting controls to properly manage such funds. Makes the federal share of costs for such activities 100%.
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.
(Sec. 1503) Requires the Secretary to ensure the use of practical highway project design solutions so that transportation needs are met and that funds available for such projects are used efficiently.
Revises requirements for NHS design criteria to change certain discretionary considerations to mandatory.
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. 1504) Makes technical amendments to existing: (1) limitations on the use of convict labor in the construction of federal-aid highways, and (2) requirements that non-domiciled workers employed on remote projects for the construction of federal-aid highways or portions of them in Alaska receive meals and lodging.
(Sec. 1505) 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. 1506) 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 100% 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. 1507) Revises and prescribes requirements for state transfer of federal-aid highway funds, reducing from 50% of an apportionment to 20% the amount that may be transferred between apportionments.
(Sec. 1508) Authorizes a state to issue special permits for operation on the Interstate System (IS) during a major disaster to overweight vehicles and loads that can easily be dismantled or divided.
(Sec. 1509) Makes eligible to be a federal-aid highway project the addition of electric charging stations to new or previously federally-funded fringe and corridor parking facilities.
(Sec. 1510) Requires a state agency that allows high occupancy toll vehicles and low emission and energy efficient vehicles to use a high occupancy vehicle (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. 1511) Requires states to obligate federal-aid highway funds to install diesel emission control technology on non-road or on-road diesel equipment, with an engine that does not meet EPA current model year new engine standards for particulate matter for the applicable engine power group, that is operated for at least 80 hours on a federal-aid highway construction project within a PM2.5 nonattainment or maintenance area. Permits exemption from these requirements any projects with total costs of $5 million or less.
Allows a state to take credit in a state implementation plan for national ambient air quality standards for any emission reductions that occur from implementation of such requirements.
(Sec. 1513) 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. 1514) 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. 1515) 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. 1516) Makes $15 million available for each fiscal year (effectively consolidating the programs) for: (1) the operation lifesaver program; (2) the national work zone safety information, public road safety, bicycle and pedestrian safety, and national safe routes to school clearinghouses; (3) work zone safety grants; and (4) grants to prohibit racial profiling.
Repeals specified federal-aid highway programs.
Makes certain unobligated allocations of funds to a state for the deployment of magnetic levitation (MAGLEV) transportation projects available to such state for any eligible surface transportation program project.
(Sec. 1517) Rescinds $2.391 billion of unobligated balances of certain federal-aid highway programs for FY2012.
Rescinds $3.054 billion of unobligated balances of federal-aid highway program funds apportioned to each state for FY2013.
(Sec. 1518) 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. 1519) Requires the Secretary, in implementing provisions of this Act that authorize the Secretary to develop performance measures, to limit the number of such performance measures to the most significant and effective ones.
Authorizes a state, in the development and implementation of any performance target, to provide for different performance targets for urbanized and rural areas.
(Sec. 1520) Requires contractors and subcontractors to meet certain training certification requirements to work on eligible bridge projects.
(Sec. 1521) 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. 1522) Directs the Comptroller General to report to Congress on Highway Trust Fund (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 Government Accountability Office (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. 1523) 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. 1524) 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. 1525) Amends the Safe, Accountability, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU) to extend the express lanes demonstration program through FY2013.
Removes from the definition of an "eligible toll facility" under the demonstration program any facility modified or constructed to create additional tolled lane capacity (including a facility constructed by a private entity or using private funds).
(Sec. 1526) Directs the Secretary to initiate a rulemaking to exempt locally identified historic street name signs or replicas of historic signs from complying with a specified street name signs requirement of the Manual on Uniform Traffic Control Devices.
(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) Applies Buy America requirements to federal-aid highway projects.
(Sec. 1529) Exempts certain farm vehicles and their operators from specified requirements governing commercial motor vehicles and operators, including those for commercial driver's licenses, medical certificates, hours of service, and vehicle inspection, repair, and maintenance.
Directs the Secretary to conduct a safety study of such exemption.
(Sec. 1530) 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 95% for FY2012-FY2021.
(Sec. 1531) Amends the Denali Commission Act of 1998 to authorize the Denali Commission to accept transfers of funds from other federal agencies.
(Sec. 1532) Directs the Secretary to submit to Congress an updated report on the costs and benefits of the prevention and control of corrosion on U.S. surface transportation infrastructure.
(Sec. 1533) 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. 1534) Authorizes the Secretary of Energy (DOE) to transfer up to $150 million made available in prior appropriations acts for the development and demonstration of national security-related enrichment technologies.
Directs the DOE Secretary to provide federal funds, resources, or other benefit for research, development, or deployment of national security-related enrichment technologies, following specified procedures. Requires a funds recipient to grant the United States a royalty-free, non-exclusive license in all enrichment-related intellectual property and associated technical data owned, licensed, or otherwise controlled by the recipient as of enactment of this Act, or thereafter developed or acquired to meet the requirements of a funding agreement with DOE.
(Sec. 1535) Expresses the sense of the Senate that federal agencies should ensure, using the shortest existing applicable process, that all applicable environmental reviews, approvals, licensing, and permit requirements are completed expeditiously following a disaster or emergency.
Subtitle F: Gulf Coast 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.
Establishes in the Treasury: (1) the National Endowment for the Oceans to fund grants for programs and activities intended to restore, protect, maintain, or understand living marine resources and their habitats and resources in ocean and coastal waters; and (2) the Gulf of Mexico Research Endowment to provide long-term funding for the Gulf Coast Ecosystem Restoration Science, Monitoring, and Technology Program and the Fisheries and Ecosystem Endowment established in Sec. 1604.
(Sec. 1604) Establishes within the National Oceanic and Atmospheric Administration (NOAA) a Gulf Coast Ecosystem Restoration Science, Observation, Monitoring, and Technology Program. Directs the NOAA Administrator to award competitive grants to nongovernmental entities and consortia in the Gulf Coast region to establish centers of excellence in the Gulf Coast states.
Directs the Council to establish a Fishery and Ecosystem Endowment to ensure the long-term sustainability of the ecosystem, fish stocks, fish habitat and the recreational, commercial, and charter fishing industry in the Gulf of Mexico.
Allocates funding for the Endowment from the Gulf Coast Restoration Trust Fund.
Subtitle G: Land and Water Conservation Fund - (Sec. 1701) Amends the Land and Water Conservation Fund Act of 1965 to extend the Land and Water Conservation Fund through FY2022.
Subtitle H: Offsets - (Sec. 1801) Amends the Internal Revenue Code to delay the effective date of the worldwide interest allocation rule to the first taxable year beginning after December 31, 2021 (currently, after December 31, 2020).
(The taxable income of each domestic corporation, including a financial institution meeting certain criteria, which is a member of a worldwide affiliated group shall be determined by allocating and apportioning the interest expense of each member as if all members of such group were a single corporation. Application of this rule must be elected by the common parent of the pre-election worldwide affiliated group and may be made only for the first taxable year after a certain date, which is here extended to December 31, 2021.)
Title II: America Fast Forward Financing Innovation - America Fast Forward Financing Innovation Act of 2011 [sic] - (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 the Secretary to establish a rolling application process in 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 loan agreements 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 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.
Title III: Highway Spending Controls - (Sec. 3001) Requires the Secretary, with respect to the solvency of the HTF highway account, to: (1) determine whether the estimated balance of the HTF (other than the Mass Transit Account) would fall below $2 billion in FY2012 or $1 billion in FY2013; and (2) calculate, if either event occurs, the amount by which the obligation limitation on federal-aid highway programs for each fiscal year must be reduced to prevent such an occurrence, and then adjust the distribution of the fiscal year obligation limitation to the states to reflect any reduction determined.
Declares that any obligation limitation withdrawn by the Secretary shall lapse immediately following the adjustment. Requires the Secretary to reduce proportionately the appropriation authorized from the HTF (other than the Mass Transit Account) for FY2012 to carry out each of the federal-aid highway and highway safety construction programs (other than emergency relief and certain other funds exempt from the FY2012 obligation limitation). Rescinds the withdrawn amounts permanently.
Prescribes analogous requirements for withdrawal and lapse of obligation limitations for FY2013.
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) job access and reverse commute formula grants, (2) the New Freedom Program, (3) grants for crime prevention and security, (4) special requirements for capital projects, (5) certain project review requirements, (6) the Alternatives Analysis grants program, (7) the over-the-road bus accessibility program, (8) the elderly individuals and individuals with disabilities pilot program, (9) the public-private partnership pilot program, (10) the national fuel cell bus technology development program, (11) specified allocations for national research and technology programs, and (12) grants for nonfixed route paratransit services for individuals with disabilities.
(Sec. 20003) Revises public transportation policies and purposes and announces national goals.
(Sec. 20005) Revises metropolitan transportation planning and statewide transportation planning requirements.
Increases from 50,000 to 200,000 the minimum population of each urbanized area for which an MPO must be designated.
Authorizes designation of a small urbanized area with a population of between 50,000 and 200,000. Continues such a designation until it is redesignated unless it requests the transfer of its planning responsibilities to the state or another state-designated planning organization, or it ceases after three years to meet the minimum requirements for a small urbanized MPO.
Allows the restructuring of any MPO without being redesignated.
Requires an MPO denied designation to submit to the state where it is located or to a state-designated MPO a six-month plan for transferring its responsibilities to the state-designated MPO and dissolving itself.
Removes the limitation of nonattainment zones to ozone or carbon monoxide standards.
Defines "maintenance area" as one that was once designated as an air quality nonattainment area but later redesignated by the Administrator of the Environmental Protection Agency (EPA) as an air quality attainment area.
Allows for metropolitan planning areas to be designated maintenance areas as well as nonattainment areas.
Requires each MPO, in cooperation with state and public transportation operators, to develop metropolitan transportation plans and transportation improvement programs for metropolitan planning areas of the state through a performance-driven, outcome-based approach to metropolitan transportation planning consistent with certain requirements.
Specifies criteria for mandatory designation of an MPO as either a tier I or a tier II MPO.
Repeals the general consent of Congress to interstate compacts for cooperative efforts and mutual assistance in support of multistate planning activities and establishment of related agencies. Repeals the specific consent of Congress to California and Nevada to designate a metropolitan planning organization for the Lake Tahoe region.
Requires each MPO to update its metropolitan transportation plan at least once every five years (currently, every four 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.
Repeals the requirement that a long-range transportation plan include a discussion of types of potential environmental mitigation activities and potential areas to carry them out.
Prescribes requirements for a financial plan.
Requires a designated MPO to develop a transportation improvement program 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.
Prohibits the advance of federal funds in any metropolitan planning area classified as a nonattainment area or maintenance area for any highway project that will result in a significant increase in the carrying capacity for single-occupant vehicles, unless the project will achieve or make substantial progress toward achieving specified performance targets.
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 requirements for statewide and nonmetropolitan transportation planning.
Requires each state to: (1) incorporate in its statewide transportation plan and statewide transportation improvement program (STIP), without change or by reference, the metropolitan transportation plans and transportation improvement programs, respectively, for each metropolitan planning area in the state; and (2) consult with local officials in small urbanized areas and other than urbanized (nonurbanized) areas in preparing the nonmetropolitan portions of such plans and programs.
Directs the Secretary to encourage each governor with responsibility for a portion of: (1) a multistate metropolitan planning area, and the appropriate MPOs, to provide coordinated transportation planning for the entire metropolitan area; and (2) a multistate transportation corridor to provide coordinated transportation planning for the entire designated corridor.
Removes the requirement that a statewide transportation plan include a discussion of types of potential environmental mitigation activities and potential areas to carry them out. Requires the state, however, for any nonmetropolitan area that is a nonattainment or maintenance area, to coordinate the development of the statewide transportation plan with the process for development of the transportation control measures of the state implementation plan required by the Clean Air Act.
Prescribes requirements for a financial plan in the statewide transportation plan as well as in the STIP.
Repeals a state's authority to establish and designate regional transportation planning organizations to enhance the planning, coordination, and implementation of statewide strategic long-range transportation plans and transportation improvement programs, with an emphasis on addressing the needs of nonmetropolitan areas of the state.
(Sec. 20007) Repeals the requirement that a metropolitan, nonmetropolitan, statewide, multistate, or STIP plan or program encourage the participation of private enterprise.
Authorizes the Secretary to establish a public transportation emergency relief program of grants and enter into contracts and other agreements (including agreements with governmental departments, agencies, and instrumentalities) for: (1) capital projects to protect or repair public transportation equipment and facilities that are in danger of suffering serious damage, or have suffered serious damage, as a result of an emergency or disaster; and (2) eligible operating costs for such equipment and facilities.
Prescribes the federal share or project costs at 80%.
(Sec. 20008) 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. Authorizes such a grant for a maximum of 2 years of targeted assistance to such an area with a 3-month unemployment rate: (1) greater than 7%, and (2) at least 2 percentage points greater than the lowest 3-month unemployment rate for the area during the preceding 5-year period.
Requires each designated formula grant recipient (entity or state or regional authority responsible for providing public transportation) to expend a specified amount for job access projects to transport eligible low-income individuals to and from their place of employment.
Sets the federal share of project costs at 80%.
Authorizes the Secretary to make competitive formula grants to recipients for passenger ferry projects.
(Sec. 20009) Revises the clean fuel grant program for projects for the acquisition of clean fuel vehicles or the construction of new public transportation facilities to accommodate them in a urbanized nonattainment area or maintenance area for ozone or carbon monoxide with a population of less than 200,000 individuals.
Defines "clean fuel vehicle" to mean: (1) a zero emission bus providing public transportation and producing no carbon or particulate matter, or (2) a passenger vehicle providing public transportation that sufficiently reduces energy consumption or reduces harmful emissions when compared to a comparable standard vehicle.
(Sec. 20010) 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) and core capacity improvement projects.
Defines "core capacity improvement projects" as substantial corridor-based capital investments in an existing fixed guideway system that adds capacity and functionality. 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.
Repeals the requirement of an alternatives analysis as part of the transportation planning process. Prescribes requirements for the project development phases and the engineering phases of new fixed guideway capital projects, core capacity improvement projects, and projects in a program of interrelated projects.
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.
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. 20011) 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.
Sets at 100% the government share of the costs of administering a program of projects. (Retains the 80% government share of a single project's net capital costs.)
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) nonurbanized 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 issue a final rule meeting specified criteria to establish performance measures for grants. Requires each grant recipient, within three months after issuance of the final rule, to establish annual performance targets in relation to such measures.
(Sec. 20012) Revises the nonurbanized formula grant program.
Authorizes the Secretary to award nonurbanized formula grants to recipients in nonurbanized areas for public transportation planning activities.
Directs the Secretary to carry out a public transportation assistance program in the Appalachian region.
Authorizes the use of nonurbanized formula grants for job access projects to transport eligible low-income individuals to and from their place of employment.
Directs the Secretary to apportion specified amounts of nonurbanized formula grants each fiscal year for public transportation on Indian reservations.
Directs the Secretary to establish a pilot program authorizing the use of nonurbanized formula grants for eligible intercity bus service projects using the capital costs of unsubsidized service of private operators as an in-kind match for such projects.
(Sec. 20013) 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.
Eliminates the international public transportation information program.
(Sec. 20014) 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. 20015) Revises bus testing facility requirements.
Requires the Secretary to certify four comprehensive facilities (currently, must maintain one facility) for testing new bus models for maintainability, reliability, safety, performance (including braking performance), structural integrity, fuel economy, emissions, and noise.
Prohibits a facility operator from having a financial interest in the outcome of testing carried out by the facility.
Revises requirements authorizing the obligation of federal public transportation funds to acquire new bus models. Requires such a tested bus to meet certain performance and minimum safety standards.
(Sec. 20016) Revises human resource grant programs requirements.
Directs the Secretary to establish an additional competitive grant program to assist the development of innovative activities eligible for the basic grants for activities that address human resource needs to train and develop the public transportation workforce.
Requires an urbanized area formula grant recipient or subrecipient to expend at least 0.5% of grant amounts for such activities.
Prescribes the federal share of project costs at 50%.
(Sec. 20017) Revises requirements authorizing a state or local government to use federal public transportation assistance to acquire an interest in, or buy property of, a private company engaged in public transportation, for a capital project for property acquired from a private company engaged in public transportation after July 9, 1964, or to operate a public transportation facility or equipment.
Applies Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 and NEPA requirements to federal assistance for public transportation capital projects.
Eliminates notice and public hearing requirements for an applicant for a capital project.
Authorizes the Secretary to assist a recipient of financial assistance in acquiring a right-of-way for a corridor project before completion of the environmental reviews. Prohibits, however, the right-of-way from being developed in anticipation of the project until all environmental reviews for the project have been completed.
Eliminates the pilot program for the reimbursement of bond proceeds in a debt service reserve established by urbanized area formula grant recipients for public transportation projects.
Repeals the requirement that the government share for financial assistance to a state-owned railroad be the same as the government share for federal-aid highway funds apportioned to the state in which the railroad operates.
Directs the Secretary to study the feasibility of providing a fixed guideway categorical exclusion from NEPA environmental assessment or environmental impact statement requirements for streetcar, bus rapid transit, and light rail projects located within an existing transportation right-of-way.
(Sec. 20018) Revises multiyear rolling stock contract requirements.
Allows a grant recipient to make a multiyear contract to procure rolling stock (railroad cars) and replacement parts with an option to buy additional stock or replacement parts for seven years after the date of the original contract for rail procurements. Allows a multiyear contract with the same condition for bus procurements, but only for five years after the date of the original contract.
Requires recipients and subrecipients of federal financial assistance for public transportation to ensure that contractors working on a capital project funded using the assistance give a hiring preference to certain Armed Forces veterans with the requisite skills and abilities to perform construction work required under the contract.
(Sec. 20