(a)
(b)
(1) to provide support for the condition and performance of the National Highway System;
(2) to provide support for the construction of new facilities on the National Highway System; and
(3) to ensure that investments of Federal-aid funds in highway construction are directed to support progress toward the achievement of performance targets established in an asset management plan of a State for the National Highway System.
(c)
(d)
(1)(A) a project or part of a program of projects supporting progress toward the achievement of national performance goals for improving infrastructure condition, safety, mobility, or freight movement on the National Highway System; and
(B) consistent with sections 134 and 135; and
(2) for 1 or more of the following purposes:
(A) Construction, reconstruction, resurfacing, restoration, rehabilitation, preservation, or operational improvement of segments of the National Highway System.
(B) Construction, replacement (including replacement with fill material), rehabilitation, preservation, and protection (including scour countermeasures, seismic retrofits, impact protection measures, security countermeasures, and protection against extreme events) of bridges on the National Highway System.
(C) Construction, replacement (including replacement with fill material), rehabilitation, preservation, and protection (including impact protection measures, security countermeasures, and protection against extreme events) of tunnels on the National Highway System.
(D) Inspection and evaluation, as described in section 144, of bridges and tunnels on the National Highway System, and inspection and evaluation of other highway infrastructure assets on the National Highway System, including signs and sign structures, earth retaining walls, and drainage structures.
(E) Training of bridge and tunnel inspectors, as described in section 144.
(F) Construction, rehabilitation, or replacement of existing ferry boats and ferry boat facilities, including approaches, that connect road segments of the National Highway System.
(G) Construction, reconstruction, resurfacing, restoration, rehabilitation, and preservation of, and operational improvements for, a Federal-aid highway not on the National Highway System, and construction of a transit project eligible for assistance under chapter 53 of title 49, if—
(i) the highway project or transit project is in the same corridor as, and in proximity to, a fully access-controlled highway designated as a part of the National Highway System;
(ii) the construction or improvements will reduce delays or produce travel time savings on the fully access-controlled highway described in clause (i) and improve regional traffic flow; and
(iii) the construction or improvements are more cost-effective, as determined by benefit-cost analysis, than an improvement to the fully access-controlled highway described in clause (i).
(H) Bicycle transportation and pedestrian walkways in accordance with section 217.
(I) Highway safety improvements for segments of the National Highway System.
(J) Capital and operating costs for traffic and traveler information monitoring, management, and control facilities and programs.
(K) Development and implementation of a State asset management plan for the National Highway System in accordance with this section, including data collection, maintenance, and integration and the cost associated with obtaining, updating, and licensing software and equipment required for risk-based asset management and performance-based management.
(L) Infrastructure-based intelligent transportation systems capital improvements.
(M) Environmental restoration and pollution abatement in accordance with section 328.
(N) Control of noxious weeds and aquatic noxious weeds and establishment of native species in accordance with section 329.
(O) Environmental mitigation efforts related to projects funded under this section, as described in subsection (g).
(P) Construction of publicly owned intracity or intercity bus terminals servicing the National Highway System.
(e)
(1)
(2)
(3)
(4)
(A) a summary listing of the pavement and bridge assets on the National Highway System in the State, including a description of the condition of those assets;
(B) asset management objectives and measures;
(C) performance gap identification;
(D) lifecycle cost and risk management analysis;
(E) a financial plan; and
(F) investment strategies.
(5)
(6)
(A)
(i) review the process; and
(ii)(I) certify that the process meets the requirements established by the Secretary; or
(II) deny certification and specify actions necessary for the State to take to correct deficiencies in the State process.
(B)
(C)
(i) not less than 90 days to cure the deficiencies of the plan, during which time period all penalties and other legal impacts of a denial of certification shall be stayed; and
(ii) a written statement of the specific actions the Secretary determines to be necessary for the State to cure the plan.
(7)
(8)
(f)
(1)
(A)
(i) to obligate, from the amounts apportioned to the State under section 104(b)(1), an amount that is not less than the amount of funds apportioned to the State for fiscal year 2009 under the Interstate maintenance program for the purposes described in this section (as in effect on the day before the date of enactment of the MAP–21), except that for each year after fiscal year 2013, the amount required to be obligated under this clause shall be increased by 2 percent over the amount required to be obligated in the previous fiscal year; and
(ii) to transfer, from the amounts apportioned to the State under section 104(b)(2) (other than amounts suballocated to metropolitan areas and other areas of the State under section 133(d)) to the apportionment of the State under section 104(b)(1), an amount equal to 10 percent of the amount of funds apportioned to the State for fiscal year 2009 under the Interstate maintenance program for the purposes described in this section (as in effect on the day before the date of enactment of the MAP–21).
(B)
(2)
(A)
(B)
(g)
(1)
(A) participation in mitigation banking or other third-party mitigation arrangements, such as—
(i) the purchase of credits from commercial mitigation banks;
(ii) the establishment and management of agency-sponsored mitigation banks; and
(iii) the purchase of credits or establishment of in-lieu fee mitigation programs;
(B) contributions to statewide and regional efforts to conserve, restore, enhance, and create natural habitats and wetlands; and
(C) the development of statewide and regional environmental protection plans, including natural habitat and wetland conservation and restoration plans.
(2)
(3)
(A) Contributions to the mitigation effort may—
(i) take place concurrent with, or in advance of, commitment of funding under this title to a project or projects; and
(ii) occur in advance of project construction only if the efforts are consistent with all applicable requirements of Federal law (including regulations) and State transportation planning processes.
(B) Credits from any agency-sponsored mitigation bank that are attributable to funding under this section may be used only for projects funded under this title, unless the agency pays to the Secretary an amount equal to the Federal funds attributable to the mitigation bank credits the agency uses for purposes other than mitigation of a project funded under this title.
(4)
(Added Pub. L. 95–599, title I, §116(a), Nov. 6, 1978, 92 Stat. 2698; amended Pub. L. 96–106, §18, Nov. 9, 1979, 93 Stat. 799; Pub. L. 97–134, §§6, 7, Dec. 29, 1981, 95 Stat. 1701; Pub. L. 97–424, title I, §116(a)(1), (2), (b), (c), Jan. 6, 1983, 96 Stat. 2109; Pub. L. 98–229, §8(b), Mar. 9, 1984, 98 Stat. 56; Pub. L. 99–190, §101(e) [title III, §327], Dec. 19, 1985, 99 Stat. 1267, 1289; Pub. L. 100–17, title I, §116(a)–(c)(1), Apr. 2, 1987, 101 Stat. 154, 155; Pub. L. 100–202, §101(l) [title III, §347(b)], Dec. 22, 1987, 101 Stat. 1329–358, 1329–388; Pub. L. 102–240, title I, §1009(a), (b), (e)(1), (3)–(5), Dec. 18, 1991, 105 Stat. 1933, 1934; Pub. L. 105–178, title I, §1107(a), (d), June 9, 1998, 112 Stat. 137; Pub. L. 105–206, title IX, §9002(f), July 22, 1998, 112 Stat. 836; Pub. L. 112–141, div. A, title I, §1106(a), July 6, 2012, 126 Stat. 432.)
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