(a)
(b)
(1) Construction, reconstruction, rehabilitation, resurfacing, restoration, preservation, or operational improvements for highways, including construction of designated routes of the Appalachian development highway system and local access roads under section 14501 of title 40.
(2) Replacement (including replacement with fill material), rehabilitation, preservation, protection (including painting, scour countermeasures, seismic retrofits, impact protection measures, security countermeasures, and protection against extreme events) and application of calcium magnesium acetate, sodium acetate/formate, or other environmentally acceptable, minimally corrosive anti-icing and deicing compositions for bridges (and approaches to bridges and other elevated structures) and tunnels on public roads of all functional classifications, including any such construction or reconstruction necessary to accommodate other transportation modes.
(3) Construction of a new bridge or tunnel at a new location on a Federal-aid highway.
(4) Inspection and evaluation of bridges and tunnels and training of bridge and tunnel inspectors (as defined in section 144), and inspection and evaluation of other highway assets (including signs, retaining walls, and drainage structures).
(5) Capital costs for transit projects eligible for assistance under chapter 53 of title 49, including vehicles and facilities, whether publicly or privately owned, that are used to provide intercity passenger service by bus.
(6) Carpool projects, fringe and corridor parking facilities and programs, including electric vehicle and natural gas vehicle infrastructure in accordance with section 137, bicycle transportation and pedestrian walkways in accordance with section 217, and the modifications of public sidewalks to comply with the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.).
(7) Highway and transit safety infrastructure improvements and programs, installation of safety barriers and nets on bridges, hazard eliminations, projects to mitigate hazards caused by wildlife, and railway-highway grade crossings.
(8) Highway and transit research and development and technology transfer programs.
(9) Capital and operating costs for traffic monitoring, management, and control facilities and programs, including advanced truck stop electrification systems.
(10) Surface transportation planning programs.
(11) Transportation alternatives.
(12) Transportation control measures listed in section 108(f)(1)(A) (other than clause (xvi)) of the Clean Air Act (42 U.S.C. 7408(f)(1)(A)).
(13) Development and establishment of management systems 1
(14) Environmental mitigation efforts relating to projects funded under this title in the same manner and to the same extent as such activities are eligible under section 119(g).
(15) Projects relating to intersections that—
(A) have disproportionately high accident rates;
(B) have high levels of congestion, as evidenced by—
(i) interrupted traffic flow at the intersection; and
(ii) a level of service rating that is not better than "F" during peak travel hours, calculated in accordance with the Highway Capacity Manual issued by the Transportation Research Board; and
(C) are located on a Federal-aid highway.
(16) Infrastructure-based intelligent transportation systems capital improvements.
(17) Environmental restoration and pollution abatement in accordance with section 328.
(18) Control of noxious weeds and aquatic noxious weeds and establishment of native species in accordance with section 329.
(19) Projects and strategies designed to support congestion pricing, including electric toll collection and travel demand management strategies and programs.
(20) Recreational trails projects eligible for funding under section 206.
(21) Construction of ferry boats and ferry terminal facilities eligible for funding under section 129(c).
(22) Border infrastructure projects eligible for funding under section 1303 of the SAFETEA–LU (23 U.S.C. 101 note; Public Law 109–59).
(23) Truck parking facilities eligible for funding under section 1401 of the MAP–21.
(24) Development and implementation of a State asset management plan for the National Highway System in accordance with section 119, including data collection, maintenance, and integration and the costs associated with obtaining, updating, and licensing software and equipment required for risk based asset management and performance based management, and for similar activities related to the development and implementation of a performance based management program for other public roads.
(25) A project that, if located within the boundaries of a port terminal, includes only such surface transportation infrastructure modifications as are necessary to facilitate direct intermodal interchange, transfer, and access into and out of the port.
(26) Construction and operational improvements for any minor collector if—
(A) the minor collector, and the project to be carried out with respect to the minor collector, are in the same corridor as, and in proximity to, a Federal-aid highway designated as part of the National Highway System;
(B) the construction or improvements will enhance the level of service on the Federal-aid highway described in subparagraph (A) and improve regional traffic flow; and
(C) the construction or improvements are more cost-effective, as determined by a benefit-cost analysis, than an improvement to the Federal-aid highway described in subparagraph (A).
(c)
(1) as provided in subsection (g);
(2) for projects described in paragraphs (2), (4), (6), (7), (11), (20), (25), and (26) of subsection (b); and
(3) as approved by the Secretary.
(d)
(1)
(A) 50 percent for a fiscal year shall be obligated under this section, in proportion to their relative shares of the population of the State—
(i) in urbanized areas of the State with an urbanized area population of over 200,000;
(ii) in areas of the State other than urban areas with a population greater than 5,000; and
(iii) in other areas of the State; and
(B) 50 percent may be obligated in any area of the State.
(2)
(3)
(4)
(A)
(B)
(5)
(e)
(1)
(A) certifies that the State will meet all the requirements of this section; and
(B) notifies the Secretary of the amount of obligations needed to carry out the program under this section.
(2)
(3)
(f)
(1)
(A) the aggregate amount of funds that the State is required to obligate in the area under subsection (d) during the period; and
(B) the ratio that—
(i) the aggregate amount of obligation authority distributed to the State for Federal-aid highways and highway safety construction programs during the period; bears to
(ii) the total of the sums apportioned to the State for Federal-aid highways and highway safety construction programs (excluding sums not subject to an obligation limitation) during the period.
(2)
(g)
(1)
(2)
(A)
(B)
(3)
(A) any amount expended after the date of enactment of this subsection from State and local sources for the project in excess of 20 percent of the cost of construction of the project may be credited to the non-Federal share of the cost of other bridge projects in the State that are eligible for Federal funds under this section; and
(B) that crediting shall be conducted in accordance with procedures established by the Secretary.
(h)
(1)
(2)
(Added Pub. L. 102–240, title I, §1007(a)(1), Dec. 18, 1991, 105 Stat. 1927; amended Pub. L. 103–429, §3(4), Oct. 31, 1994, 108 Stat. 4377; Pub. L. 104–59, title III, §§315, 316, Nov. 28, 1995, 109 Stat. 586, 587; Pub. L. 105–178, title I, §§1108(a)–(e), 1212(a)(2)(A)(i), June 9, 1998, 112 Stat. 138–140, 193; Pub. L. 109–59, title I, §1113(a)–(b)(2), (c)–(e), title VI, §6006(a)(2), Aug. 10, 2005, 119 Stat. 1171, 1172, 1872; Pub. L. 112–141, div. A, title I, §§1108, 1519(c)(8), July 6, 2012, 126 Stat. 440, 576.)
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Last modified: October 26, 2015