49 U.S.C. § 6701: National infrastructure project assistance

The term “Department” means the Department of Transportation. a State or a group of States; a metropolitan planning organization; a unit of local government; a political subdivision of a State; a special purpose district or public authority with a transportation function, including a port authority; a Tribal government or a consortium of Tribal governments; a partnership between Amtrak and 1 or more entities described in subparagraphs (A) through (F); and a group of entities described in any of subparagraphs (A) through (G). The term “program” means the program established by subsection (b). The term “Secretary” means the Secretary of Transportation. any of the several States; the District of Columbia; the Commonwealth of Puerto Rico; the Commonwealth of the Northern Mariana Islands; the United States Virgin Islands; Guam; American Samoa; and any other territory or possession of the United States. There is established a program under which the Secretary shall provide to eligible entities grants, on a competitive basis pursuant to single-year or multiyear grant agreements, for projects described in subsection (d). To be eligible for a grant under the program, an eligible entity shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary determines to be appropriate. An application under paragraph (1) shall include a plan for data collection and analysis described in subsection (g). the National Multimodal Freight Network established under section 70103; the National Highway Freight Network established under section 167 of title 23 ; or the National Highway System (as defined in section 101(a) of title 23 ); a freight intermodal (including public ports) or freight rail project that provides a public benefit; a railway-highway grade separation or elimination project; an intercity passenger rail project; eligible for assistance under chapter 53; and part of a project described in any of subparagraphs (A) through (D); or a grouping, combination, or program of interrelated, connected, or dependent projects of any of the projects described in subparagraphs (A) through (E); and reasonably anticipated to equal or exceed $500,000,000; or more than $100,000,000; but less than $500,000,000. geographical diversity; and a balance between rural and urban communities. the project is likely to generate national or regional economic, mobility, or safety benefits; the project is in need of significant Federal funding; the project will be cost-effective; to construct, operate, and maintain the project; and to cover cost increases; and the applicant has, or will have, sufficient legal, financial, and technical capacity to carry out the project. the extent to which a project supports achieving a state of good repair for each existing asset to be improved by the project; the costs avoided by the prevention of closure or reduced use of the asset to be improved by the project; reductions in maintenance costs over the life of the applicable asset; safety benefits, including the reduction of serious injuries and fatalities and related costs; improved person or freight throughput, including improved mobility and reliability; and reductions in greenhouse gas emissions; air quality benefits; preventing stormwater runoff that would be a detriment to aquatic species; and improved infrastructure resilience; the benefits of the project, as compared to the costs of the project; the number of persons or volume of freight, as applicable, supported by the project; and national and regional economic benefits of the project, including with respect to short- and long-term job access, growth, or creation. contributions to geographical diversity among grant recipients, including a balance between the needs of rural and urban communities; whether multiple States would benefit from a project; demonstrated reductions in greenhouse gas emissions; or reduced the need for maintenance of other projects; or technologies that will allow for future connectivity and automation; a historically disadvantaged community or population; or an area of persistent poverty; pedestrians; bicyclists; and users of nonvehicular rail and public transportation, including intercity and commuter rail; and whether a project improves connectivity between modes of transportation moving persons or goods nationally or regionally. In evaluating applications for a grant under the program, the Secretary shall assign the project proposed in the application a rating described in subparagraph (B), based on the information contained in the applicable notice published under paragraph (5). are exemplary projects of national or regional significance; and would provide significant public benefit, as determined based on the applicable criteria described in this subsection, if funded under the program. are of national or regional significance; and would provide public benefit, as determined based on the applicable criteria described in this subsection, if funded under the program. The Secretary shall assign a rating of “not recommended” to projects that, in the determination of the Secretary, should not receive a grant under the program, based on the applicable criteria described in this subsection. On request of an eligible entity that submitted an application under subsection (c) for a project that is not selected to receive a grant under the program, the Secretary shall provide to the eligible entity technical assistance and briefings relating to the project. Technical assistance provided under this subparagraph shall not be considered a guarantee of future selection of the applicable project under the program. the method by which the Secretary will determine whether a project satisfies the applicable requirements described in paragraph (1); any additional ratings the Secretary may assign to determine the means by which a project addresses the selection criteria and additional considerations described in paragraphs (2) and (3); and the means by which the project requirements and ratings referred to in subparagraphs (A) and (B) will be used to assign an overall rating for the project under paragraph (4). In awarding grants under the program, the Secretary shall give priority to projects to which the Secretary has assigned a rating of “highly recommended” under paragraph (4)(B)(i). 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. the criteria described in subsection (f)(2); and if applicable, the additional requirements described in subsection (f)(3); an approach for analyzing the consistency of predicted project characteristics with actual outcomes; and any other elements that the Secretary determines to be necessary. standardized forecasting and measurement approaches; data storage system requirements; and any other requirements the Secretary determines to be necessary to carry out this section. The Secretary shall require an eligible entity, as a condition of receiving funding pursuant to a multiyear grant agreement under the program, to collect additional data to measure the impacts of the project and to accurately track improvements made by the project, in accordance with a plan described in paragraph (1). Before the date of completion of a project for which a grant is provided under the program, the eligible entity carrying out the project shall submit to the Secretary a report providing baseline data for the purpose of analyzing the long-term impact of the project in accordance with the framework established under paragraph (2). beginning on the date that is 5 years after the date of completion of the project; and ending on the date on which the updated report is submitted. 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 under subsection (g); and 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. 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. The total amount awarded for a project under the program may not exceed 60 percent of the total eligible project costs described in subsection (h). Subject to subparagraph (B), 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. 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 or section 22402 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. Notwithstanding any other provision of this title, in any case in which amounts are provided under the program pursuant to a multiyear agreement, the disbursed Federal share of the cost of the project may exceed the limitations described in paragraphs (1) and (2)(B) 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. A project for which an eligible entity receives a multiyear grant under the program shall be carried out in accordance with this subsection. establish the terms of Federal participation in the applicable project; establish the maximum amount of Federal financial assistance for the project; establish a schedule of anticipated Federal obligations for the project that provides for obligation of the full grant amount; describe the period of time for completing the project, regardless of whether that period extends beyond the period of an authorization; and facilitate timely and efficient management of the applicable project by the eligible entity carrying out the project, in accordance with applicable law. shall provide for the obligation of an amount of available budget authority specified in law; 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; and 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 described in subsection (h)(1)(A). A contingent commitment under this paragraph is not an obligation of the Federal Government, including for purposes of section 1501 of title 31 . The Secretary may only provide to an eligible entity a full grant under the program 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. a list of all project applications reviewed by the Secretary as part of the selection process; the rating assigned to each project under subsection (f)(4); provide a grant under the program; and enter into a multiyear grant agreement under the program; a description of the means by which the Secretary anticipates allocating among selected projects the amounts made available to the Secretary to carry out the program; and anticipated funding levels required for the 3 fiscal years beginning after the date of submission of the notice for projects selected for grants under the program, based on information available to the Secretary as of that date. The Secretary may not provide a grant or any other obligation or commitment to fund a project under the program if a joint resolution is enacted disapproving funding for the project before the last day of the 30-day period described in paragraph (1). a list of all project applications reviewed by the Secretary as part of the selection process under the program; the rating assigned to each project under subsection (f)(4); and a description of each project for which a grant has been provided under the program. The Comptroller General of the United States shall conduct an assessment of the administrative establishment, solicitation, selection, and justification process with respect to the funding of grants under the program. the adequacy and fairness of the process by which the projects were selected; and the justification and criteria used for the selection of the projects. There is authorized to be appropriated to the Secretary to carry out the program $2,000,000,000 for each of fiscal years 2022 through 2026. more than $100,000,000; but less than $500,000,000. administering and overseeing the program; and hiring personnel for the program, including personnel dedicated to processing permitting and environmental review issues. The Secretary may transfer any portion of the amounts reserved under paragraph (3) for a fiscal year to the Administrator of any of the Federal Highway Administration, the Federal Transit Administration, the Federal Railroad Administration, or the Maritime Administration to award and oversee grants in accordance with this section. 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 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. determine the predominant modal component of the project; and apply the applicable requirements described in paragraph (2) of the predominant modal component to the project. The requirements of section 22905 shall apply to any passenger or freight rail component of a project. The requirements of section 5333 shall apply to any public transportation component of a project.