Rail Grant Hub

(1) A State (including the District of Columbia) or group of States.
(2) An Interstate Compact.
(3) A public agency or publicly chartered authority established by 1 or more States.
(4) A political subdivision of a State.
(5) Amtrak or another rail carrier that provides intercity rail passenger transportation (as defined in 49 U.S.C. 24102).
(6) A Class II or III railroad (as defined in 49 U.S.C. 20102) or an association representing 1 or more such railroads. (7) A federally recognized Indian Tribe. (8) Any rail carrier or rail equipment manufacturer in partnership with at least 1 of the entities described in (1) through (4)
(9) The Transportation Research Board and any entity with which it contracts in the development of rail-related research, including cooperative research programs.
(10) A university transportation center engaged in rail-related research.
(11) A non-profit labor organization representing a class or craft of employees of rail carriers or rail carrier contractors.

(1)Deployment of railroad safety technology, including positive train control and rail integrity inspection systems.
(2)A capital project as defined in 49 U.S.C. 22901(2), except that a project shall not be required to be in a State rail plan developed under chapter 227.
(3)A capital project identified by the Secretary as being necessary to address congestion or safety challenges affecting rail service.
(4)A capital project identified by the Secretary as being necessary to reduce congestion and facilitate ridership growth in intercity passenger rail transportation along heavily traveled rail corridors.
(5)A highway-rail grade crossing improvement project, including installation, repair, or improvement of grade separations, railroad crossing signals, gates, and related technologies, highway traffic signalization, highway lighting and crossing approach signage, roadway improvements such as medians or other barriers, railroad crossing panels and surfaces, and safety engineering improvements to reduce risk in quiet zones or potential quiet zones.
(6)A rail line relocation or improvement project.
(7)A capital project to improve short-line or regional railroad infrastructure.
(8)The preparation of regional rail and corridor service development plans and corresponding environmental analyses.
(9)Any project that the Secretary considers necessary to enhance multimodal connections or facilitate service integration between rail service and other modes, including between intercity rail passenger transportation and intercity bus service or commercial air service.
(10)The development and implementation of a safety program or institute designed to improve rail safety. (11) The development and implementation of measures to prevent trespassing and reduce associated injuries and fatalities
(12)Any research that the Secretary considers necessary to advance any particular aspect of rail-related capital, operations, or safety improvements.
(13)Workforce development and training activities, coordinated to the extent practicable with the existing local training programs supported by the Department of Transportation, the Department of Labor, and the Department of Education. (14) Research, development, and testing to advance and facilitate innovative rail projects, including projects using electromagnetic guideways in an enclosure in a very low-pressure environment.
(15) The preparation of emergency plans for communities through which hazardous materials are transported by rail.
(16) Rehabilitating, remanufacturing, procuring, or overhauling locomotives, provided that such activities result in a significant reduction of emissions.

Authorized and Appropriated in the BIL:

Authorizes $1 billion per fiscal year for fiscal years 2022-2026. Appropriates $1 billion per fiscal year for fiscal years 2022-2026.

Rural Areas — At least 25 percent of the amounts appropriated shall be available for projects in rural areas. The Secretary shall consider a project to be in a rural area if all or the majority of the project (determined by the geographic location or locations where the majority of the project funds will be spent) is located in a rural area. The term “rural area” means any area not in an urbanized area, as defined by the Bureau of the Census.

Special Transportation Circumstances — The Secretary shall allocate an appropriate portion of the amounts to provide grants to States—

(A)in which there is no intercity passenger rail service, for the purpose of funding freight rail capital projects that are on a State rail plan developed under chapter 227, including highway construction over rail facilities as an alternative to construction or improvement of a highway-rail grade crossing, that provide public benefits (as defined in chapter 227), as determined by the Secretary; or

(B)in which the rail transportation system is not physically connected to rail systems in the continental United States or may not otherwise qualify for a grant under this section due to the unique characteristics of the geography of that State or other relevant considerations, for the purpose of funding transportation-related capital projects.

"Appropriate portion” means a share, for each relevant state, not less than the share of the total railroad route miles in such State of the total railroad route miles in the United States, excluding from all totals the route miles exclusively used for tourist, scenic, and excursion railroad operations. (Note: statutory language in this provision applies this set-aside to all grants in Title 49, Chapter 229, including the Railroad Crossing Elimination, Restoration and Enhancement Grant , and Interstate Rail Compact Grant programs.)

Primary Evaluation - In selecting an eligible project, the Secretary shall—
(A) give preference to a proposed project for which the proposed Federal share of total project costs does not exceed 50 percent; and
(B) select projects that will maximize the net benefits of the funds appropriated, considering the cost-benefit analysis of the proposed project, including anticipated private and public benefits relative to the costs of the proposed project. Such benefits may include the effects on system and service performance, including measures such as improved safety, competitiveness, reliability, trip or transit time, resilience, efficiencies from improved integration with other modes, the ability to meet existing or anticipated demand, and any other benefits.

Additional Considerations - The Secretary shall also consider:
(A) The degree to which the proposed project’s business plan considers potential private sector participation in the financing, construction, or operation of the project.
(B) The recipient’s past performance in developing and delivering similar projects, and previous financial contributions.
(C) Whether the recipient has or will have the legal, financial, and technical capacity to carry out the proposed project, satisfactory continuing control over the use of the equipment or facilities, and the capability and willingness to maintain the equipment or facilities.
(D) If applicable, the consistency of the proposed project with planning guidance and documents set forth by the Secretary or required by law or State rail plans developed under title 49, chapter 227.
(E) If applicable, any technical evaluation ratings the proposed project received under previous competitive grant programs administered by the Secretary.
(F) Such other factors as the Secretary considers relevant to the successful delivery of the project.

Performance Measures - The Secretary shall establish performance measures for each grant recipient to assess progress in achieving strategic goals and objectives. The Secretary may require a grant recipient to periodically report information related to such performance measures.

Legal Requirements - Except as specifically provided in this section, the use of any amounts appropriated for grants under this section shall be subject to the requirements of this chapter (Title 49, Chapter 229).

Limitation - The requirements under 49 U.S.C. 22902 (Capital Investment Grants to Support Intercity Passenger Rail Service), 22903 (Project Management Oversight), and 22904 (Use of Capital Grants to Finance First-Dollar Liability of Grant Project), and the definition contained in 49 U.S.C. 22901(1) shall not apply to this section.

The Federal share of total project costs shall not exceed 80 percent.

Note: Preference is given in the awarding of projects with a greater than 50% non-Federal share.

Passenger Rail Revenue - Amtrak or another rail carrier, as applicable, may use ticket and other revenues generated from its operations and other sources to satisfy the non-Federal share requirements.

Grade Crossing and Trespassing Projects - Applicants may use costs incurred previously for preliminary engineering associated with highway-rail grade crossing improvement projects and trespassing prevention projects to satisfy the non-Federal share requirements.

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(1) A State, including the District of Columbia, Puerto Rico, and other United States territories and possessions.
(2) A political subdivision of a State.
(3) A federally recognized Indian Tribe.
(4) A unit of local government or a group of local governments.
(5) A public port authority.
(6) A metropolitan planning organization.
(7) A group of entities described in paragraphs (1) through (6).

The Secretary may award a grant for a highway-rail or pathway-rail grade crossing improvement project (including acquiring real property interests) involving—

(1) grade separation or closure, including through the use of a bridge, embankment, tunnel, or combination thereof;
(2) track relocation;
(3) the improvement or installation of protective devices, signals, signs, or other measures to improve safety, provided that such activities are related to a separation or relocation project described in paragraph (1) or (2);
(4) other means to improve the safety and mobility of people and goods at highway-rail grade crossings (including technological solutions);
(5) a group of related projects described in paragraphs (1) through (4) that would collectively improve the mobility of people and goods; or
(6) the planning, environmental review, and design of an eligible project described in paragraphs (1) through (5).

Authorized and Appropriated in BIL:

Authorizes $500 million per fiscal year for fiscal years 2022-2026. Appropriates $600 million per fiscal year for fiscal years 2022-2026.

No grant awarded shall be for less than $1,000,000, except for grants for the planning, environmental review, and design of eligible projects.

Highway-Rail Grade Crossing Safety Information and Education Program - 0.25 percent of the amount appropriated in each fiscal year shall be used for contracts or grants to carry out a highway-rail grade crossing safety information and education program to help prevent and reduce pedestrian, motor vehicle, and other accidents, incidents, injuries, and fatalities, and to improve awareness along railroad rights of-way and at highway-rail grade crossings.

Planning Projects - Not less than 3 percent of the amount appropriated in each fiscal year shall be used for grants for the planning, environmental review, and design of eligible projects. Not less than 25 percent of the grant funds set aside for such planning projects in any fiscal year shall be awarded for projects located in rural areas or on tribal lands.

Rural/Tribal Set-Aside - Not less than 20 percent of the grant funds available in any fiscal year shall be reserved for projects located in rural areas or on Tribal lands. "Rural area" means any area that is not within an area designated as an urbanized area by the Bureau of the Census. The requirement under 49 U.S.C. 22907(l) (which applies generally to this grant program) shall not apply to grant funds reserved specifically under this set-aside. Not less than 5 percent of the grant funds reserved under this set-aside shall be for projects in counties with 20 or fewer residents per square mile, according to the most recent decennial census, provided that sufficient eligible applications have been submitted.

State Award Limits - Not more than 20 percent of the grant funds available in any fiscal year may be selected for projects in any single State.

Railroad Approval - The Secretary shall require applicants to obtain the necessary approvals from any impacted rail carriers or real property owners before proceeding with the construction of a project funded by a grant. This requirement, however, shall not apply to planning projects if the applicant agrees to work collaboratively with rail carriers and right-of-way owners.

Primary Evaluation - In awarding grants, the Secretary shall evaluate the extent to which proposed projects would—
(A) improve safety at highway-rail or pathway-rail grade crossings;
(B) grade separate, eliminate, or close highway-rail or pathway-rail grade crossings;
(C) improve the mobility of people and goods;
(D) reduce emissions, protect the environment, and provide community benefits, including noise reduction;
(E) improve access to emergency services;
(F) provide economic benefits; and
(G) improve access to communities separated by rail crossings.

Additional Considerations - In awarding grants, the Secretary shall consider—
(A) the degree to which the proposed project will use—(i) innovative technologies; (ii) innovative design and construction techniques; or (iii) construction materials that reduce greenhouse gas emissions;
(B) the applicant’s planned use of contracting incentives to employ local labor, to the extent permissible under Federal law;
(C) whether the proposed project will improve the mobility of—(i) multiple modes of transportation, including ingress and egress from freight facilities; or (ii) users of nonvehicular modes of transportation, such as pedestrians, bicyclists, and public transportation;
(D) whether the proposed project is identified in—(i) the freight investment plan component of a State freight plan, as required under section 70202(b)(9); (ii) a State rail plan prepared in accordance with chapter 227; or (iii) a State highway-rail grade crossing action plan, as required under section 11401(b) of the Passenger Rail Reform and Investment Act of 2015 (title XI of Public Law 114–94); and
(E) the level of financial support provided by impacted rail carriers.

Program Goals -

(1) Eliminate highway-rail grade crossings that are frequently blocked by trains;

(2) Improve the health and safety of communities; (3) Reduce the impacts that freight movement and railroad operations may have on underserved communities; and (4) Improve the mobility of people and goods.

The Federal share of the cost of a project carried out using a grant may not exceed 80 percent of the total cost of the project. Applicants may count costs incurred for preliminary engineering associated with highway-rail and pathway-rail grade crossing improvement projects as part of the total project costs.

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An entity eligible to receive a grant under the program is-

(1) a State;

(2) a unit of local government; or

(3) an Indian Tribe.

Projects for the replacement, removal, and repair of culverts or weirs that—

(1) would meaningfully improve or restore fish passage for anadromous fish; and

(2) with respect to weirs, may include-- (A) infrastructure to facilitate fish passage around or over the weir; and (B) weir improvements.

There is authorized to be appropriated to carry out the program $800,000,000 for each of fiscal years 2022 through 2026.

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The Secretary, in consultation with the Undersecretary and the Director, shall establish procedures to prioritize awarding grants under the program to-

(1) projects that would improve fish passage for-

(A) anadromous fish stocks listed as an endangered species or a threatened species under section 4 of the Endangered Species Act of 1973 (16 U.S.C. 1533);

(B) anadromous fish stocks identified by the Undersecretary or the Director that could reasonably become listed as an endangered species or a threatened species under that section;

(C) anadromous fish stocks identified by the Undersecretary or the Director as prey for endangered species, threatened species, or protected species, including Southern resident orcas (Orcinus orcas); or

(D) anadromous fish stocks identified by the Undersecretary or the Director as climate resilient stocks; and

(2) projects that would open up more than 200 meters of upstream habitat before the end of the natural habitat.

Technical Assistance - The Secretary, in consultation with the Undersecretary and the Director, shall develop a process to provide technical assistance to Indian Tribes and underserved communities to assist in the project design and grant process and procedures.

Federal share of no more than 80 percent.

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(1) A State or a group of States.
(2) A metropolitan planning organization that serves an urbanized area (as defined by the Bureau of the Census) with a population of more than 200,000 individuals.
(3) A unit of local government or a group of local governments.
(4) A political subdivision of a State or local government.
(5) A special-purpose district or public authority with a transportation function, including a port authority.
(6) A Federal land management agency that applies jointly with a State or group of States.
(7) A tribal government or a consortium of tribal governments. (8) A multistate corridor organization (an organization of a group of States developed through cooperative agreements, coalitions, or other arrangements to promote regional cooperation, planning, and shared project implementation for programs and projects to improve transportation system management and operations for a shared transportation corridor)
(9) A multistate or multijurisdictional group of entities described in this paragraph.

Except for small projects (described in "funding set-asides"), the Secretary may make a grant under this section only for a project that—

(A) is—

(i) a highway freight project carried out on the National Highway Freight Network established under 23 U.S.C. 167 (National Highway Freight program);
(ii) a highway or bridge project carried out on the National Highway System, including—(I) a project to add capacity to the Interstate System to improve mobility; or (II) a project in a national scenic area;
(iii) a freight project that is—(I) a freight intermodal or freight rail project; or (II) within the boundaries of a public or private freight rail, water (including ports), or intermodal facility and that is a surface transportation infrastructure project necessary to facilitate direct intermodal interchange, transfer, or access into or out of the facility;
(iv) a railway-highway grade crossing or grade separation project; (v) a wildlife crossing project; (vi) a surface transportation infrastructure project that—(I) is located within the boundaries of or functionally connected to an international border crossing area in the United States; (II) improves a transportation facility owned by a Federal, State, or local government entity; and (III) increases throughput efficiency of the border crossing described in subclause (I), including—(aa) a project to add lanes; (bb) a project to add technology; and (cc) other surface transportation improvements;
(vii) a project for a marine highway corridor designated by the Secretary under 46 U.S.C. 55601(c) (including an inland waterway corridor), if the Secretary determines that the project—(I) is functionally connected to the National Highway Freight Network; and (II) is likely to reduce on-road mobile source emissions; or
(viii) a highway, bridge, or freight project carried out on the National Multimodal Freight Network established under 49 U.S.C 70103; and

(B) has eligible project costs that are reasonably anticipated to equal or exceed the lesser of—

(i) $100,000,000; or
(ii) in the case of a project—(I) located in 1 State, 30 percent of the amount apportioned under this chapter to the State in the most recently completed fiscal year; or (II) located in more than 1 State, 50 percent of the amount apportioned under this chapter to the participating State with the largest apportionment under this chapter in the most recently completed fiscal year.

Eligible Project Costs - Grant amounts received for a project under this section may be used for — (1) development phase activities, including planning, feasibility analysis, revenue forecasting, environmental review, preliminary engineering and design work, and other preconstruction activities; and (2) construction, reconstruction, rehabilitation, acquisition of real property (including land related to the project and improvements to the land), environmental mitigation (including a project to replace or rehabilitate a culvert, or to reduce stormwater runoff for the purpose of improving habitat for aquatic species), construction contingencies, acquisition of equipment, and operational improvements directly related to improving system performance.

Authorized and Appropriated in BIL:

Authorizes $1 billion per fiscal year for fiscal years 2022-2024 and $900 million per fiscal year for fiscal years 2025-2026 to be derived from the Highway Trust Fund. Authorizes $1 billion for fiscal year 2022, $1.1 billion for fiscal year 2023, $1.2 billion for fiscal year 2024, $1.3 billion for fiscal year 2025, and $1.4 billion for fiscal year 2026. Appropriates $640 million per fiscal year for fiscal years 2022-2026.

Each grant made under this section shall be in an amount that is at least $25,000,000 except for small projects which must be at least $5 million.

(Note: see "eligible projects" for minimum total project costs and "funding set-asides" for additional information on small projects.)

Intermodal Cap - Not more than 30 percent of the amounts made available for grants, in the aggregate, may be used for freight intermodal or freight rail projects or projects within the boundaries of a public or private freight rail, water (including ports), or intermodal facility and that is a surface transportation infrastructure project necessary to facilitate direct intermodal interchange, transfer, or access into or out of the facility) and such a project may only receive a grant if—(i) the project will make a significant improvement to freight movements on the National Highway Freight Network; and (ii) the Federal share of the project funds only elements of the project that provide public benefits. This limitation shall not apply to a railway-highway grade crossing or grade separation project and, with respect to a multimodal project, shall apply only to the non-highway portion or portions of the project.

Small Projects -The Secretary shall reserve not less than 15 percent of the amounts made available for grants under this section each fiscal year to make grants for eligible projects that do not satisfy the minimum threshold for project costs. Each grant made shall be in an amount that is at least $5,000,000. Not less than 30 percent of funding reserved for small projects shall be used for projects in rural areas (an area that is outside an urbanized area with a population of over 200,000).

Rural Areas - The Secretary shall reserve not less than 25 percent of the amounts made available for grants under this section, including the amounts made available for small projects, each fiscal year to make grants for projects located in rural areas (an area that is outside an urbanized area with a population of over 200,000). If such set-aside cannot be fully utilized in any fiscal year, the Secretary shall use the unutilized amounts to make grants for small projects.

State Incentives Pilot Program - In awarding grants under the pilot program, the Secretary shall give priority to an application that offers a greater non-Federal share of the cost of a project relative to other applications under the pilot program. The Federal share of the cost of a project assisted with a grant under the pilot program may not exceed 50 percent. An eligible applicant may not use Federal assistance to satisfy the non-Federal share of the cost of the project unless such funds are from a secured loan (as defined in section 601(a)) and the loan is repayable from non-Federal funds. The Secretary shall reserve for each fiscal year $150,000,000 to provide grants under the pilot program. The Secretary shall reserve for each fiscal year not less than 10 percent of pilot program funding available for small projects ("project requirements" shall not apply to such awards). The Secretary shall also reserve for each fiscal year not less than 25 percent for projects in rural areas.

Project Requirements -The Secretary may select a project (other than a small project) for funding under this section only if the Secretary determines that—
(1) the project will generate national or regional economic, mobility, or safety benefits;
(2) the project will be cost effective;
(3) the project will contribute to the accomplishment of 1 or more of the national goals described under section 150 of this title;
(4) the project is based on the results of preliminary engineering;
(5) with respect to related non-Federal financial commitments—(A) 1 or more stable and dependable sources of funding and financing are available to construct, maintain, and operate the project; and (B) contingency amounts are available to cover unanticipated cost increases;
(6) the project cannot be easily and efficiently completed without other Federal funding or financial assistance available to the project sponsor; and
(7) the project is reasonably expected to begin construction not later than 18 months after the date of obligation of funds for the project.

Additional Considerations -
(1) utilization of nontraditional financing, innovative design and construction techniques, or innovative technologies;

(2) utilization of non-Federal contributions;

(3) contributions to geographic diversity among grant recipients, including the need for a balance between the needs of rural and urban communities;

(4) enhancement of freight resilience to natural hazards or disasters, including high winds, heavy snowfall, flooding, rockslides, mudslides, wildfire, wildlife crossing onto the roadway, or steep grades;

(5) whether the project will improve the shared transportation corridor of a multistate corridor organization, if applicable; and

(6) prioritizing projects located in States in which neither the State nor an eligible entity in that State has been awarded a grant under this section.

Small Project Considerations -
(1) the cost effectiveness of the proposed project; (2) the effect of the proposed project on mobility in the State and region in which the project is carried out; and (3) the effect of the proposed project on safety on freight corridors with significant hazards, such as high winds, heavy snowfall, flooding, rockslides, mudslides, wildfire, wildlife crossing onto the roadway, or steep grades.

Program Goals -

(1) Improve the safety, efficiency, and reliability of the movement of freight and people in and across rural and urban areas;
(2) Generate national or regional economic benefits and an increase in the global economic competitiveness of the United States;
(3) Reduce highway or freight congestion and bottlenecks;
(4) Improve connectivity between modes of freight transportation;
(5) Enhance the resiliency of critical highway or freight infrastructure and help protect the environment;
(6) Improve roadways vital to national energy security, including highways that support movement of energy equipment; and
(7) Address the impact of population growth on the movement of people and freight.

Treatment of Freight Projects - A freight project carried out under this section shall be treated as if the project is located on a Federal-aid highway.

Except for grants for small projects and under the State Incentives Pilot Program (see ""funding set-asides""), the Federal share of the cost of a project assisted with a grant under this section may not exceed 60 percent. For small projects, the Federal share of the cost of the project shall be 80 percent.

Maximum Federal Involvement - Except for grants under the State Incentives Pilot Program (see ""funding set-asides""), Federal assistance other than a grant under this section may be used to satisfy the non-Federal share of the cost of a project for which such a grant is made, except that—(A) for a State with a population density of not more than 80 persons per square mile of land area, based on the 2010 census, the maximum share of the total Federal assistance provided for a project receiving a grant under this section shall be the applicable share under 23 U.S.C 120(b); and (B) for a State not described in subparagraph (A), the total Federal assistance provided for a project receiving a grant under this section may not exceed 80 percent of the total project cost.

Federal land management agencies - Any Federal funds other than those made available under this title or title 49 may be used to pay the non-Federal share of the cost of a project carried out under this section by a Federal land management agency (eligible applicant).

TIFIA Program - At the request of an eligible applicant, the Secretary may use amounts awarded to the entity to pay subsidy and administrative costs necessary to provide the entity Federal credit assistance under chapter 6 with respect to the project for which the grant was awarded.

Efficient Use of Non-Federal Funds - Notwithstanding any other provision of law, during the period beginning on the date on which the grant recipient is selected and ending on the date on which the grant agreement is signed, the grant recipient may obligate and expend non-Federal funds with respect to the project for which the grant is provided; and any non-Federal funds obligated or expended shall be credited toward the non-Federal cost share for the project for which the grant is provided. Prior to obligating and expending such non-Federal funds, the grant recipient shall submit to the Secretary a request to obligate and expend non-Federal funds, including:

(i) a description of the activities the grant recipient intends to fund;

(ii) a justification for advancing the activities described in clause (i), including an assessment of the effects to the project scope, schedule, and budget if the request is not approved; and (iii) the level of risk of the activities described in clause (i). Any non-Federal funds obligated or expended shall comply with all applicable requirements, including any requirements included in the grant agreement. The obligation or expenditure of any non-Federal funds in accordance with this subsection shall not—(A) affect the signing of a grant agreement or other applicable grant procedures with respect to the applicable grant; (B) create an obligation on the part of the Federal Government to repay any non-Federal funds if the grant agreement is not signed; or (C) affect the ability of the recipient of the grant to obligate or expend non-Federal funds to meet the non-Federal cost share for the project for which the grant is provided after the period described.

(A) a State (including the District of Columbia) or group of States;
(B) an Interstate Compact;
(C) a public agency or publicly chartered authority established by 1 or more States;
(D) a political subdivision of a State;
(E) Amtrak, acting on its own behalf or under a cooperative agreement with 1 or more States; (F) a federally recognized Indian Tribe; or
(G) any combination of the entities described in subparagraphs (A) through (F).

The Secretary of Transportation shall develop and implement a program for issuing grants to fund capital projects that reduce the state of good repair backlog, improve performance, or expand or establish new intercity passenger rail service, including privately operated intercity passenger rail service if an eligible applicant is involved. “Intercity rail passenger transportation” means rail passenger transportation, except commuter rail passenger transportation (49 U.S.C. 24102).

Eligible Projects - The following capital projects, including acquisition of real property interests, are eligible:
(1) A project to replace, rehabilitate, or repair infrastructure, equipment, or a facility used for providing intercity passenger rail service to bring such assets into a state of good repair.
(2) A project to improve intercity passenger rail service performance, including reduced trip times, increased train frequencies, higher operating speeds, improved reliability, expanded capacity, reduced congestion, electrification, and other improvements, as determined by the Secretary.
(3) A project to expand or establish new intercity passenger rail service.
(4) A group of related projects described above.
(5) The planning, environmental studies, and final design for a project or group of projects described above."

Authorized and Appropriated in BIL:

Authorizes $1.5 billion per fiscal year for fiscal years 2022-2026. Appropriates $7.2 billion per fiscal year for fiscal years 2022-2026.

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National Network - The Secretary shall reserve not less than 45 percent of funds for projects not located along the Northeast Corridor, of which not less than 20 percent shall be for projects that benefit (in whole or part) a long-distance route.

Northeast Corridor - The Secretary shall reserve not less than 45 percent of funds for projects listed on the Northeast Corridor Project Inventory (see additional notes below). “Northeast Corridor” is defined as: (A) the main rail line between Boston, Massachusetts and the District of Columbia; (B) the branch rail lines connecting to Harrisburg, Pennsylvania, Springfield, Massachusetts, and Spuyten Duyvil, New York; and (C) facilities and services used to operate and maintain the above-referenced lines.

Appropriations - The Appropriations section of the Infrastructure Investment and Jobs Act then provides that, notwithstanding the above-listed limitations, not more than $24,000,000,000 of the $36,000,000,000 made available in this Act for fiscal years 2022 through 2026 shall be for projects for the Northeast Corridor.

Corridor Planning - The Secretary may withhold up to 5 percent to carry out planning and development activities related to 49 U.S.C. 25101 (Corridor Identification and Development Planning Program), including—
(1) providing funding to public entities for the development of service development plans selected under the Corridor Identification and Development Program;
(2) facilitating and providing guidance for intercity passenger rail systems planning; and
(3) providing funding for the development and refinement of intercity passenger rail systems planning analytical tools and models."

Northeast Corridor - For projects located on the Northeast Corridor, the Secretary shall—
(A) make selections consistent with the Northeast Corridor Project Inventory, unless when necessary to address materially changed infrastructure or service conditions, changes in project sponsor capabilities or commitments, or other significant changes since the completion of the most recently issued Northeast Corridor Project Inventory; and
(B) for projects that benefit intercity and commuter rail services, only make such selections when Amtrak and the public authorities providing commuter rail passenger transportation at the eligible project location—(i) are in compliance with section 24905(c)(2) (Allocation of Costs); and (ii) identify funding for the intercity passenger rail share, the commuter rail share, and the local share of the eligible project before the commencement of the project;

National Network - For projects not located on the Northeast Corridor, the Secretary shall—
(A) give preference to eligible projects—(i) for which Amtrak is not the sole applicant; (ii) that improve the financial performance, reliability, service frequency, or address the state of good repair of an Amtrak route; and (iii) that are identified in, and consistent with, a corridor inventory prepared under the Corridor Identification and Development Program (49 U.S.C. 25101); and
(B) take into account—
(i) the cost-benefit analysis of the proposed project, including anticipated private and public benefits relative to the costs of the proposed project, including—(I) effects on system and service performance, including as measured by applicable metrics set forth in 49 C.F.R. part 273 (or successor regulations); (II) effects on safety, competitiveness, reliability, trip or transit time, greenhouse gas emissions, and resilience; (III) anticipated positive economic and employment impacts, including development in areas near passenger stations, historic districts, or other opportunity zones; (IV) efficiencies from improved connections with other modes; and (V) ability to meet existing or anticipated demand;
(ii) the degree to which the proposed project’s business plan considers potential private sector participation in the financing, construction, or operation of the proposed project;
(iii) the applicant’s past performance in developing and delivering similar projects, and previous financial contributions;
(iv) whether the applicant has, or will have—(I) the legal, financial, and technical capacity to carry out the project; (II) satisfactory continuing access to the equipment or facilities; and (III) the capability and willingness to maintain the equipment or facilities;
(v) if applicable, the consistency of the project with planning guidance and documents set forth by the Secretary or otherwise required by law;
(vi) whether the proposed project serves historically unconnected or under connected communities; and
(vii) any other relevant factors, as determined by the Secretary.

Northeast Corridor Project Inventory—Not later than 1 year after enactment and every 2 years thereafter, the Secretary shall create a predictable project pipeline that will assist Amtrak, States, and the public with long-term capital planning by publishing a Northeast Corridor project inventory that—
(1) identifies capital projects for Federal investment, project applicants, and proposed Federal funding levels;
(2) specifies the order in which the Secretary will provide grant funding to projects that have identified sponsors and are located along the Northeast Corridor, including a method and plan for apportioning funds to project sponsors for the 2-year period, which may be altered by the Secretary, as necessary, if recipients are not carrying out projects in accordance with the anticipated schedule;
(3) takes into consideration the appropriate sequence and phasing of projects described in the Northeast Corridor Capital Investment plan (49 U.S.C. 24904(a));
(4) is consistent with the most recent Northeast Corridor Service Development Plan update (49 U.S.C. 24904(d));
(5) takes into consideration the existing commitments and anticipated Federal, project applicant, sponsor, and other relevant funding levels for the next 5 fiscal years based on information currently available; and
(6) is developed in consultation with the Northeast Corridor Commission and the owners of Northeast Corridor infrastructure and facilities.

Letters of Intent - The Secretary may issue a letter of intent to a grantee that—
(A)announces an intention to obligate, for a major capital project, an amount from future available budget authority that is not more than the amount stipulated as the financial participation of the Secretary; and
(B)states that the contingent commitment—(i)is not an obligation of the Federal Government; and (ii)is subject to the availability of appropriations for grants under this section and subject to Federal laws in force or enacted after the date of the contingent commitment. Phased Funding Agreements - The Secretary may enter into a phased funding agreement with an applicant if—(i) the project is highly rated, based on the evaluations and ratings conducted pursuant to this section and the applicable notice of funding opportunity; and (ii) the Federal assistance to be provided is more than $80,000,000. A phased funding agreement shall—(i) establish the terms of participation by the Federal Government; (ii) establish the maximum amount of Federal financial assistance for the project; (iii) include the period of time for completing the project, even if such period extends beyond the period for which Federal financial assistance is authorized; (iv) make timely and efficient management of the project easier in accordance with Federal law; and (v) if applicable, specify when the process for complying with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and related environmental laws will be completed.

Special Financial Rules for Phased Funding Grant Agreements - A phased funding agreement obligates an amount of available budget authority and may include a commitment to obligate an additional amount from future available budget authority. The Secretary may enter into phased funding agreements that contain contingent commitments to incur obligations in such amounts as the Secretary determines are appropriate. The agreement shall state that the contingent commitment is not an obligation of the Government. An obligation or administrative commitment may be made under this section only when amounts are appropriated for such purpose. Interest and other financing costs of efficiently carrying out a part of the project within a reasonable time are a cost of a phased funding agreement, except that eligible costs may not be more than the cost of the most favorable financing terms reasonably available at the time of borrowing. The applicant shall certify that reasonable diligence has been shown in seeking the most favorable financing terms. If an applicant does not carry out the project for reasons within the control of the applicant, the applicant shall repay all Federal grant funds awarded for the project from all Federal funding sources, plus reasonable interest and penalty charges allowable by law or established in the phased funding agreement. A process for complying with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) that results in the selection of the no build alternative is not within the applicant’s control.
Legal Requirement - The use of any amounts appropriated for grants shall be subject to the grant conditions under 49 U.S.C. 22903 (Project Management Oversight) and 49 U.S.C. 22905 (Grant Conditions).

The Federal share of total costs for a project shall not exceed 80 percent.

Treatment of Amtrak Revenue — As an applicant, Amtrak may use ticket and other revenues generated from its operations and other sources to satisfy the non-Federal share requirements.

Appropriations - The Appropriations section of the Infrastructure Investment and Jobs Act permits amounts made available for Northeast Corridor Grants to be used as non-Federal share for Northeast Corridor projects, notwithstanding above Federal share limits.

(1) a State or a group of States (including the District of Columbia, Puerto Rico, the Northern Mariana Islands, the U.S. Virgin Islands, Guam, American Samoa, and any other territory or possession);
(2) a metropolitan planning organization;
(3) a unit of local government;
(4) a political subdivision of a State;
(5) a special purpose district or public authority with a transportation function, including a port authority;
(6) a Tribal government or a consortium of Tribal governments;
(7) a partnership between Amtrak and 1 or more entities described above; and
(8) a group of entities described above.

The Secretary may provide a grant under the program only for a project—
(1) that is—
(A) a highway or bridge project carried out on—(i) the National Multimodal Freight Network established under 49 U.S.C. 70103; (ii) the National Highway Freight Network established under 23 U.S.C. 167; or (iii) the National Highway System (as defined in 23 U.S.C. 101(a));
(B) a freight intermodal (including public ports) or freight rail project that provides a public benefit;
(C) a railway-highway grade separation or elimination project;
(D) an intercity passenger rail project;
(E) a public transportation project that is—(i) eligible for assistance under chapter 53; and (ii) part of a project described above; or
(F) a grouping, combination, or program of interrelated, connected, or dependent projects of any of the projects described above; and
(2) the eligible project costs of which are—
(A) reasonably anticipated to equal or exceed $500,000,000; or
(B) for any project funded by the below-noted set aside—(i) more than $100,000,000; but (ii) less than $500,000,000.

Eligible Project Costs - An eligible entity may use a grant provided under the program for—
(A) development-phase activities and costs, including planning, feasibility analysis, revenue forecasting, alternatives analysis, data collection and analysis, environmental review and activities to support environmental review, preliminary engineering and design work, and other preconstruction activities, including the preparation of a data collection and post-construction analysis plan; and
(B) construction, reconstruction, rehabilitation, acquisition of real property (including land relating to the project and improvements to that land), environmental mitigation (including projects to replace or rehabilitate culverts or reduce stormwater runoff for the purpose of improving habitat for aquatic species), construction contingencies, acquisition of equipment, protection, and operational improvements directly relating to the project.

Note: The interest and other financing costs of carrying out any part of a project under a multiyear grant agreement within a reasonable period of time shall be considered to be an eligible project cost only if the applicable eligible entity certifies to the Secretary that the eligible entity has demonstrated reasonable diligence in seeking the most favorable financing terms.

Authorized and Appropriated in BIL:

Authorizes $2 billion per fiscal year for fiscal years 2022-2026. Appropriates $1 billion per fiscal year for fiscal years 2022-2026.

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Project Cost Set-Aside - 50 percent of funding shall be set aside for projects that have a project cost of more than $100,000,000, but less than $500,000,000.

Project Requirements - The Secretary may select a project to receive a grant under the program only if the Secretary determines that—
(A) the project is likely to generate national or regional economic, mobility, or safety benefits;
(B) the project is in need of significant Federal funding;
(C) the project will be cost-effective;
(D) with respect to related non-Federal financial commitments, 1 or more stable and dependable sources of funding and financing are available—(i) to construct, operate, and maintain the project; and (ii) to cover cost increases; and
(E) the applicant has, or will have, sufficient legal, financial, and technical capacity to carry out the project.

Evaluation Criteria - In awarding a grant under the program, the Secretary shall evaluate—
(A) the extent to which a project supports achieving a state of good repair for each existing asset to be improved by the project;
(B) the level of benefits a project is expected to generate, including—(i) the costs avoided by the prevention of closure or reduced use of the asset to be improved by the project; (ii) reductions in maintenance costs over the life of the applicable asset; (iii) safety benefits, including the reduction of serious injuries and fatalities and related costs; (iv) improved person or freight throughput, including improved mobility and reliability; and (v) environmental benefits and health impacts, such as—(I) reductions in greenhouse gas emissions; (II) air quality benefits; (III) preventing stormwater runoff that would be a detriment to aquatic species; and (IV) improved infrastructure resilience;
(C) the benefits of the project, as compared to the costs of the project;
(D) the number of persons or volume of freight, as applicable, supported by the project; and
(E) national and regional economic benefits of the project, including with respect to short- and long-term job access, growth, or creation.

Additional Considerations - In selecting projects to receive grants under the program, the Secretary shall take into consideration—
(A) contributions to geographical diversity among grant recipients, including a balance between the needs of rural and urban communities;
(B) whether multiple States would benefit from a project; (C) whether, and the degree to which, a project uses—(i) construction materials or approaches that have—(I) demonstrated reductions in greenhouse gas emissions or (II) reduced the need for maintenance of other projects; or (ii) technologies that will allow for future connectivity and automation;
(D) whether a project would benefit—(i) a historically disadvantaged community or population; or (ii) an area of persistent poverty;
(E) whether a project benefits users of multiple modes of transportation, including—(i) pedestrians; (ii) bicyclists; and (iii) users of nonvehicular rail and public transportation, including intercity and commuter rail; and
(F) whether a project improves connectivity between modes of transportation moving persons or goods nationally or regionally.

Geographical Distribution - The Secretary shall ensure among grant recipients geographical diversity; and a balance between rural and urban communities.

Data Collection Plans - An application for a grant shall include a plan for data collection and analysis to identify the impacts of the project and the accuracy of any forecast prepared during the development phase of the project and included in the grant application. This plan shall include: an approach to measuring certain criteria; an approach for analyzing the consistency of predicted project characteristics with actual outcomes; and any other elements that the Secretary determines to be necessary. The Secretary may publish a standardized framework for the contents of the plans, which may include, as appropriate: standardized forecasting and measurement approaches; data storage system requirements; and any other requirements the Secretary determines to be necessary. As a condition of receiving funding pursuant to a multiyear grant agreement, the Secretary shall require an eligible entity to collect additional data to measure the impacts of the project and to accurately track improvements made by the project.

Ratings - In evaluating applications for a grant under the program, the Secretary shall assign the project proposed in the application a rating (highly recommended, recommended, not recommended) based on published detailed criteria. In awarding grants under the program, the Secretary shall give priority to projects to which the Secretary has assigned a rating of ""highly recommended."

Multiyear Grant Agreements - A multiyear grant agreement under this subsection—
(A) shall provide for the obligation of an amount of available budget authority specified in law; (B) shall establish the terms of Federal participation;
(C) shall establish the maximum amount of Federal financial assistance for the project; (D) shall establish a schedule of anticipated Federal obligations for the project that provides for obligation of the full grant amount;
(E) shall describe the period of time for completing the project, regardless of whether that period extends beyond the period of an authorization;
(E) shall facilitate timely and efficient management of the applicable project by the eligible entity carrying out the project;
(F) may include a commitment, contingent on amounts to be specified in law in advance for commitments under this paragraph, to obligate an additional amount from future available budget authority specified in law (Note: a contingent commitment is not an obligation of the Federal Government, including for purposes of 31 U.S.C. 1501); and
(G) shall provide that any funds disbursed under the program for the project before the completion of any review required under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) may only cover costs associated with development-phase activities.

NEPA Requirements for Single-Year Grants -The Secretary may only provide to an eligible entity a full grant in a single year if all reviews required under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) with respect to the applicable project have been completed before the receipt of any program funds.

Additional Legal Requirements - Each project that receives a grant under this chapter shall achieve compliance with the applicable requirements of—subchapter IV of chapter 31 of title 40; title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.); and the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). The Secretary shall also apply—the requirements of title 23 to a highway, road, or bridge project; the requirements of chapter 53 to a transit project; and the requirements of section 22905 to a rail project. For multimodal projects, the Secretary shall determine the predominant modal component of the project and apply the applicable requirements of the predominant modal component. However, the requirements of section 22905 shall apply to any passenger or freight rail component of a project, and the requirements of section 5333 shall apply to any public transportation component of a project.

The total amount awarded for a project under the program may not exceed 60 percent of the total eligible project costs. Federal assistance other than a grant awarded under the program may be provided for a project for which a grant is awarded under the program. However, the total amount of Federal assistance provided for a project for which a grant is awarded under the program shall not exceed 80 percent of the total cost of the project. Secured loans or financing provided under section 603 of title 23 (TIFIA) or section 22402 (RRIF) of this title and repaid with local funds or revenues shall be considered to be part of the local share of the cost of a project.

Application to Multiyear Agreements - The disbursed Federal share of the cost of the project may exceed the above limitations for 1 or more years if the total amount of the Federal share of the cost of the project, once completed, does not exceed those limitations."

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(1) A State.
(2) A political subdivision of a State, or a local government.
(3) A public agency or publicly chartered authority established by 1 or more States.
(4) A special purpose district with a transportation function.
(5) An Indian Tribe (as defined in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304), without regard to capitalization), or a consortium of Indian Tribes.
(6) A multistate or multijurisdictional group of entities described above.
(7) A lead entity described above jointly with private entities, including the owners or operators of facilities at a port.

The Secretary may make a grant under this subsection—
(A) for a project, or package of projects, that—
(i) is either—(I) within the boundary of a port; or (II) outside the boundary of a port, but is directly related to port operations or to an intermodal connection to a port; and
(ii) will be used to improve the safety, efficiency, or reliability of—(I) the loading and unloading of goods at the port, such as for marine terminal equipment; (II) the movement of goods into, out of, around, or within a port, such as for highway or rail infrastructure, intermodal facilities, freight intelligent transportation systems, and digital infrastructure systems; or (III) environmental mitigation measures and operational improvements directly related to enhancing the efficiency of ports and intermodal connections to ports; or
(B) notwithstanding considerations related to unreasonable delay, to provide financial assistance to 1 or more projects above for development phase activities, including planning, feasibility analysis, revenue forecasting, environmental review, permitting, and preliminary engineering and design work.

Additionally, numerous other projects were made eligible for such grants in the Appropriations section of the Infrastructure Investment and Jobs Act, such as projects that improve the resiliency of ports to address sea-level rise, flooding, extreme weather events, earthquakes, and tsunami inundation, as well as projects that reduce or eliminate port-related criteria pollutant or greenhouse gas emissions, including projects for—

(1) Port electrification or electrification master planning;

(2) Harbor craft or equipment replacements/retrofits;

(3) Development of port or terminal microgrids;

(4) Providing idling reduction infrastructure;

(5) Purchase of cargo handling equipment and related infrastructure;

(6) Worker training to support electrification technology;

(7) Installation of port bunkering facilities from ocean-going vessels for fuels;

(8) Electric vehicle charge or hydrogen refueling infrastructure for drayage, and medium or heavy duty trucks and locomotives that service the port and related grid upgrades; or

(9) Other related to port activities including charging infrastructure, electric rubber-tired gantry cranes, and anti-idling technologies.

Prohibited Uses - A grant award may not be used—
(A) to finance or refinance the construction, reconstruction, reconditioning, or purchase of a vessel that is eligible for such assistance under chapter 537, unless the Secretary determines such vessel—(i) is necessary for environmental mitigation measures and operational improvements directly related to enhancing the efficiency of ports and intermodal connections to port; and (ii) is not receiving assistance under chapter 537; or
(B) for any project within a small shipyard (as defined in 46 U.S.C. 54101).

For Projects at Small Inland and Coastal Ports and Terminals (small projects) - Assistance provided may be used for a project that—
(i) is—(I) within the boundary of a port; or (II) outside the boundary of a port, but is directly related to port operations or to an intermodal connection to a port; and
(ii) for—(I) making capital improvements, including to piers, wharves, docks, terminals, and similar structures used principally for the movement of goods; (II) acquiring, improving, repairing, or maintaining transportation or physical infrastructure, buildings, or equipment; (III) performing development phase activities related to carrying out an activity described above; and (IV) otherwise fulfilling the purposes for which such assistance is provided.

Prohibited Uses for Small Project Grants - Funds provided may not be used for: (A) projects conducted on property outside the boundary of a port unless such property is directly related to port operations or to an intermodal connection to a port;
(B) any single grant award more than 10 percent of total allocation of funds to carry out this subsection per fiscal year appropriation; or
(C) activities, including channel improvements or harbor deepening that is part of a Federal channel or an access channel associated with a Federal channel, authorized, as of the date of the application for assistance under this subsection, to be carried out by the United States Army Corps of Engineers.

Prohibition -The Secretary may not require as a condition of issuing a grant for a small project direct ownership of either a facility or equipment to be procured using funds awarded or that equipment procured using such funds be new.

Authorized and Appropriated in the BIL:

Appropriates $450 million per fiscal year for fiscal years 2022-2026.

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Geographic Distribution - Not more than 25 percent of the amounts made available for grants for a fiscal year may be used for projects in any 1 State.

Small Projects - The Secretary shall reserve 18 percent of the amounts made available for grants each fiscal year to make grants for eligible projects at a port, to and from which the average annual tonnage of cargo for the immediately preceding 3 calendar years from the time an application is submitted is less than 8,000,000 short tons, as determined using United States Army Corps of Engineers data or data provided by an independent audit the findings of which are acceptable to the Secretary. Such projects need not meet the cost effectiveness requirement to be awarded a grant.

Development Phase Activities - Of the amounts made available for grants for a fiscal year, not more than 10 percent may be used to make grants for development phase activities for port projects and not more than 10 percent may be used to make grants for development phase activities for small projects."

Primary Requirements - The Secretary may select a project for funding if the Secretary determines that—
(A) the project improves the safety, efficiency, or reliability of the movement of goods through a port or intermodal connection to a port;
(B) the project is cost effective;
(C) the eligible applicant has authority to carry out the project;
(D) the eligible applicant has sufficient funding available to meet the matching requirements;
(E) the project will be completed without unreasonable delay; and
(F) the project cannot be easily and efficiently completed without Federal funding or financial assistance available to the project sponsor.

Additional Considerations - In selecting projects for funding, the Secretary shall give substantial weight to—
(A) the utilization of non-Federal contributions; and
(B) the net benefits of the funds awarded, considering the cost-benefit analysis of the project, as applicable. Small

Project Considerations - In awarding grants for small projects, the Secretary shall—
(A) take into account—(i) the economic advantage and the contribution to freight transportation at a port; and (ii) the competitive disadvantage of such a port;
(B) not make more than 1 award per applicant for each fiscal year appropriation; and
(C) take into consideration the degree to which a project would promote the enhancement and efficiencies of a port.

Port - Includes any port on the navigable waters of the United States and any harbor, marine terminal, or other shore side facility used principally for the movement of goods on inland waters.

Project - Includes construction, reconstruction, environmental rehabilitation, acquisition of property, including land related to the project and improvements to the land, equipment acquisition, and operational improvements.

Additional Legal Requirements -The Secretary shall apply the requirements of 23 U.S.C. 117(k) to a port project assisted in whole or part by a grant (treat as if project is located on a Federal-aid Highway). With regard to the construction, repair, or alteration of vessels, the same requirements of 23 U.S.C. 117(k) shall apply regardless of whether the location of contract performance is known when bids for such work are solicited.

Additional Authority of the Secretary - In carrying out this section, the Secretary may—
(1) coordinate with other Federal agencies to expedite the process established under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) for the improvement of port facilities to improve the efficiency of the transportation system, to increase port security, or to provide greater access to port facilities;
(2) seek to coordinate all reviews or requirements with appropriate Federal, State, and local agencies; and
(3) in addition to any financial assistance, provide such technical assistance to any eligible applicants.

The Federal share of the total costs of a project shall not exceed 80 percent. The Secretary may increase the Federal share of costs above 80 percent for a grant awarded to a small project or a project located in a rural area. Any costs of a small project to be paid by the recipient’s matching share may—(i) be incurred prior to the date on which assistance is provided; and (ii) include a loan agreement, a commitment from investors, cash on balance sheet, or other contributions determined acceptable by the Secretary.

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(1) a State;
(2) the District of Columbia;
(3) any territory or possession of the United States;
(4) a unit of local government;
(5) a public agency or publicly chartered authority established by 1 or more States;
(6) a special purpose district or public authority with a transportation function, including a port authority;
(7) a federally recognized Indian Tribe or a consortium of such Indian Tribes;
(8) a transit agency; and
(9) a multi-State or multijurisdictional group of entities described above.

(A) a highway or bridge project eligible for assistance under title 23;
(B) a public transportation project eligible for assistance under chapter 53;
(C) a passenger rail or freight rail transportation project eligible for assistance under title 49;
(D) a port infrastructure investment, including—(i) inland port infrastructure and (ii) a land port-of-entry;
(E) the surface transportation components of an airport project eligible for assistance under part B of subtitle VII;
(F) a project for investment in a surface transportation facility located on Tribal land, the title or maintenance responsibility of which is vested in the Federal Government;
(G) a project to replace or rehabilitate a culvert or prevent stormwater runoff for the purpose of improving habitat for aquatic species that will have a significant local or regional impact and improve transportation infrastructure; and
(H) any other surface transportation infrastructure project that the Secretary considers to be necessary to advance the goal of the program.

Authorized and Appropriated in the BIL:

Authorizes $1.5 billion per fiscal year for fiscal years 2022-2026. Appropriates $1.5 billion per fiscal year for fiscal years 2022-2026.

Each grant made under the program shall be not less than $5,000,000 for an urbanized area (an area with a population of more than 200,000 residents, based on the most recent decennial census); not less than $1,000,000 for a rural area (an area that is located outside of an urbanized area); and not more than $25,000,000.

State Award Limits - Not more than 15 percent of the funds made available for a fiscal year may be awarded to eligible projects in a single State during that fiscal year.

Urban-Rural Split - Not more than 50 percent shall be allocated for eligible projects located in rural areas and not more than 50 percent shall be allocated for eligible projects located in urbanized areas.

Historically Disadvantaged Communities and Areas of Persistent Poverty - Not less than 1 percent of the amounts made available for each fiscal year shall be awarded for projects in historically disadvantaged communities or areas of persistent poverty. ""Area of persistent poverty"" means—
(A) any county in which, during the 30-year period ending on the date of enactment, 20 percent or more of the population continually lived in poverty, as measured by—(i) the 1990 decennial census; (ii) the 2000 decennial census; and (iii) the most recent annual small area income and poverty estimate of the Bureau of the Census; (B) any census tract with a poverty rate of not less than 20 percent, as measured by the 5-year data series available from the American Community Survey of the Bureau of the Census for the period of 2014 through 2018; and (C) any territory or possession of the United States.

Project Planning - Not less than 5 percent of the amounts made available for each fiscal year shall be for the planning, preparation, or design of eligible projects."

Primary Criteria - The Secretary shall evaluate the extent to which a project—
(A) improves safety;
(B) improves environmental sustainability; (C) improves the quality of life of rural areas or urbanized areas;
(D) increases economic competitiveness and opportunity, including increasing tourism opportunities;
(E) contributes to a state of good repair; and
(F) improves mobility and community connectivity.

Additional Criteria - The Secretary shall also take into consideration the extent to which—
(A) the project sponsors collaborated with other public and private entities;
(B) the project adopts innovative technologies or techniques, including— (i) innovative technology; (ii) innovative project delivery techniques; and (iii) innovative project financing;
(C) the project has demonstrated readiness; and
(D) the project is cost effective.

Multimodal and Geographical Considerations - In selecting projects to receive grants, the Secretary shall take into consideration geographical and modal diversity.

Program Goal - Fund eligible projects that will have a significant local or regional impact and improve transportation infrastructure.

Credit Program Costs - At the request of an eligible entity, the Secretary may use a grant provided to the eligible entity under the program to pay the subsidy or credit risk premium and the administrative costs of an eligible project that is eligible for Federal credit assistance under—(A) chapter 224 (RRIF); or (B) chapter 6 of title 23 (TIFIA). However, not more than 20 percent of the funds made available to carry out the program for a fiscal year may be used to do so.

The Federal share of the cost of a project shall not exceed 80 percent. For projects carried out in a rural area, a historically disadvantaged community, or an area of persistent poverty, the Federal share may exceed 80 percent, at the discretion of the Secretary. Amounts provided under any of the following programs shall be considered to be a part of the non-Federal share:
(A) The tribal transportation program under 23 U.S.C. 202.
(B) The Federal lands transportation program under 23 U.S.C. 203.
(C) The TIFIA program (as defined in 23 U.S.C. 601(a)).
(D) The Railroad Rehabilitation and Improvement Financing Program under chapter 224.

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(A) a State;

(B) a political subdivision of a State;

(C) a Tribal government;

(D) a public transit agency or authority;

(E) a public toll authority;

(F) a metropolitan planning organization; and

(G) a group of 2 or more eligible entities described in any of subparagraphs (A) through (F) applying through a single lead applicant.

(1) Eligible projects.-

(A) In general.-A SMART grant may be used to carry out a project that demonstrates at least 1 of the following:

(i) Coordinated automation.-The use of automated transportation and autonomous vehicles, while working to minimize the impact on the accessibility of any other user group or mode of travel.

(ii) Connected vehicles.-Vehicles that send and receive information regarding vehicle movements in the network and use vehicle-to-vehicle and vehicle-to-everything communications to provide advanced and reliable connectivity.

(iii) Intelligent, sensor-based infrastructure.-The deployment and use of a collective intelligent infrastructure that allows sensors to collect and report real-time data to inform everyday transportation-related operations and performance.

(iv) Systems integration.-The integration of intelligent transportation systems with other existing systems and other advanced transportation technologies.

(v) Commerce delivery and logistics.-Innovative data and technological solutions supporting efficient goods movement, such as connected vehicle probe data, road weather data, or global positioning data to improve on-time pickup and delivery, improved travel time reliability, reduced fuel consumption and emissions, and reduced labor and vehicle maintenance costs.

(vi) Leveraging use of innovative aviation technology.-Leveraging the use of innovative aviation technologies, such as unmanned aircraft systems, to support transportation safety and efficiencies, including traffic monitoring and infrastructure inspection.

(vii) Smart grid.-Development of a programmable and efficient energy transmission and distribution system to support the adoption or expansion of energy capture, electric vehicle deployment, or freight or commercial fleet fuel efficiency.

(viii) Smart technology traffic signals.-Improving the active management and functioning of traffic signals, including through-

(I) the use of automated traffic signal performance measures;

(II) implementing strategies, activities, and projects that support active management of traffic signal operations, including through optimization of corridor timing, improved vehicle, pedestrian, and bicycle detection at traffic signals, or the use of connected vehicle technologies;

(III) replacing outdated traffic signals; or

(IV) for an eligible entity serving a population of less than 500,000, paying the costs of temporary staffing hours dedicated to updating traffic signal technology.

(2) Eligible project costs.-A SMART grant may be used for-

(A) development phase activities, including-

(i) planning;

(ii) feasibility analyses;

(iii) revenue forecasting;

(iv) environmental review;

(v) permitting;

(vi) preliminary engineering and design work;

(vii) systems development or information technology work; and

(viii) acquisition of real property (including land and improvements to land relating to an eligible project); and

(B) construction phase activities, including-

(i) construction;

(ii) reconstruction;

(iii) rehabilitation;

(iv) replacement;

(v) environmental mitigation;

(vi) construction contingencies; and

(vii) acquisition of equipment, including vehicles.

(3) Prohibited uses.-A SMART grant shall not be used-

(A) to reimburse any preaward costs or application preparation costs of the SMART grant application;

(B) for any traffic or parking enforcement activity; or

(C) to purchase or lease a license plate reader.

Authorized and Appropriated in the BIL:

Appropriates $100 million per fiscal year for fiscal years 2022-2026. Authorizes $100 million per fiscal year for fiscal years 2022-2026.

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(1) In general.-There is authorized to be appropriated to the Secretary $100,000,000 for each of the first 5 fiscal years beginning after the date of enactment of this Act, of which-

(A) not more than 40 percent shall be used to provide SMART grants for eligible projects that primarily benefit large communities;

(B) not more than 30 percent shall be provided for eligible projects that primarily benefit midsized communities; and

(C) not more than 30 percent shall be used to provide SMART grants for eligible projects that primarily benefit rural communities or regional partnerships.

A) In general.-The Secretary shall evaluate applications for SMART grants based on-

(i) the extent to which the eligible entity or applicable beneficiary community-

(I) has a public transportation system or other transit options capable of integration with other systems to improve mobility and efficiency;

(II) has a population density and transportation needs conducive to demonstrating proposed strategies;

(III) has continuity of committed leadership and the functional capacity to carry out the proposed project;

(IV) is committed to open data sharing with the public; and

(V) is likely to successfully implement the proposed eligible project, including through technical and financial commitments from the public and private sectors; and

(ii) the extent to which a proposed eligible project will use advanced data, technology, and applications to provide significant benefits to a local area, a State, a region, or the United States, including the extent to which the proposed eligible project will-

(I) reduce congestion and delays for commerce and the traveling public;

(II) improve the safety and integration of transportation facilities and systems for pedestrians, bicyclists, and the broader traveling public;

(III) improve access to jobs, education, and essential services, including health care;

(IV) connect or expand access for underserved or disadvantaged populations and reduce transportation costs;

(V) contribute to medium- and long-term economic competitiveness;

(VI) improve the reliability of existing transportation facilities and systems;

(VII) promote connectivity between and among connected vehicles, roadway infrastructure, pedestrians, bicyclists, the public, and transportation systems[;]

(VIII) incentivize private sector investments or partnerships, including by working with mobile and fixed telecommunication service providers, to the extent practicable;

(IX) improve energy efficiency or reduce pollution;

(X) increase the resiliency of the transportation system; and

(XI) improve emergency response.

(B) Priority - In providing SMART grants, the Secretary shall give priority to applications for eligible projects that would-

(i) demonstrate smart city or community technologies in repeatable ways that can rapidly be scaled;

(ii) encourage public and private sharing of data and best practices;

(iii) encourage private-sector innovation by promoting industry-driven technology standards, open platforms, technology-neutral requirements, and interoperability;

(iv) promote a skilled workforce that is inclusive of minority or disadvantaged groups;

(v) allow for the measurement and validation of the cost savings and performance improvements associated with the installation and use of smart city or community technologies and practices;

(vi) encourage the adoption of smart city or community technologies by communities;

(vii) promote industry practices regarding cybersecurity; and

(viii) safeguard individual privacy.

(4) Technical assistance.-On request of an eligible entity that submitted an application under paragraph (1) with respect to a project that is not selected for a SMART grant, the Secretary shall provide to the eligible entity technical assistance and briefings relating to the project.

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(1) a State;

(2) a regional transportation planning organization;

(3) a unit of local government;

(4) a Tribal government or a consortium of Tribal governments; and

(5) a multijurisdictional group of entities described in paragraphs (1) through (4).

1) In general.-Except as provided in paragraph (2), the Secretary may make a grant under the program only for a project that is-

(A) a highway, bridge, or tunnel project eligible under section 119(d);

(B) a highway, bridge, or tunnel project eligible under section 133(b);

(C) a project eligible under section 202(a);

(D) a highway freight project eligible under section 167(h)(5);

(E) a highway safety improvement project, including a project to improve a high risk rural road (as those terms are defined in section 148(a));

- 23 USC 148(a)(4)(B)(iv) includes “[c]onstruction and improvement of a railway-highway grade crossing                     safety feature, including installation of protective devices or a grade separation project” in the definition                 of a “highway safety improvement project.”

(F) a project on a publicly-owned highway or bridge that provides or increases access to an agricultural, commercial, energy, or intermodal facility that supports the economy of a rural area; or

(G) a project to develop, establish, or maintain an integrated mobility management system, a transportation demand management system, or on-demand mobility services.

(2) Bundling of eligible projects.-

(A) In general.-An eligible entity may bundle 2 or more similar eligible projects under the program that are-

(i) included as a bundled project in a statewide transportation improvement program under section 135; and

(ii) awarded to a single contractor or consultant pursuant to a contract for engineering and design or construction between the contractor and the eligible entity.

$1,000,000,000 (total available FY22 – FY26)

(i) Grant Amount.-Except as provided in the set-asides, a grant under the program shall be in an amount that is not less than $25,000,000.

Set Asides.-

(1) Small projects - The Secretary shall use not more than 10 percent of the amounts made available for the program for each fiscal year to provide grants for eligible projects in an amount that is less than $25,000,000.

(2) Appalachian development highway system - The Secretary shall reserve 25 percent of the amounts made available for the program for each fiscal year for eligible projects that further the completion of designated routes of the Appalachian Development Highway System under section 14501 of title 40.

(3) Rural roadway lane departures - The Secretary shall reserve 15 percent of the amounts made available for the program for each fiscal year to provide grants for eligible projects located in States that have rural roadway fatalities as a result of lane departures that are greater than the average of rural roadway fatalities as a result of lane departures in the United States, based on the latest available data from the Secretary.

(4) Excess funding - In any fiscal year in which qualified applications for grants under this subsection do not allow for the amounts reserved under paragraphs (1), (2), or (3) to be fully utilized, the Secretary shall use the unutilized amounts to make other grants under the program.

Project Requirements - The Secretary may provide a grant under the program to an eligible project only if the Secretary determines that the project-

(1) will generate regional economic, mobility, or safety benefits;

(2) will be cost effective;

(3) will contribute to the accomplishment of 1 or more of the national goals under section 150;

(4) is based on the results of preliminary engineering; and

(5) is reasonably expected to begin construction not later than 18 months after the date of obligation of funds for the project.

Additional Considerations - In providing grants under the program, the Secretary shall consider the extent to which an eligible project will-

(1) improve the state of good repair of existing highway, bridge, and tunnel facilities;

(2) increase the capacity or connectivity of the surface transportation system and improve mobility for residents of rural areas;

(3) address economic development and job creation challenges, including energy sector job losses in energy communities as identified in the report released in April 2021 by the interagency working group established by section 218 of Executive Order 14008 (86 Fed. Reg. 7628 (February 1, 2021));

(4) enhance recreational and tourism opportunities by providing access to Federal land, national parks, national forests, national recreation areas, national wildlife refuges, wilderness areas, or State parks;

(5) contribute to geographic diversity among grant recipients;

(6) utilize innovative project delivery approaches or incorporate transportation technologies;

(7) coordinate with projects to address broadband infrastructure needs; or

(8) improve access to emergency care, essential services, healthcare providers, or drug and alcohol treatment and rehabilitation resources.

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Federal Share -

(1) In general - Except as provided in paragraph (2), the Federal share of the cost of a project carried out with a grant under the program may not exceed 80 percent.

(2) Federal share for certain projects - The Federal share of the cost of an eligible project that furthers the completion of a designated segment of the Appalachian Development Highway System under section 14501 of title 40, or addresses a surface transportation infrastructure need identified for the Denali access system program under section 309 of the Denali Commission Act of 1998 (42 U.S.C. 3121 note; Public Law 105–277) shall be up to 100 percent, as determined by the State.

(3) Use of other federal assistance - Federal assistance other than a grant under the program may be used to satisfy the non-Federal share of the cost of a project carried out with a grant under the program.

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