23 U.S.C. § 149 | Congestion mitigation and air quality improvement program

(a)

Establishment .—

The Secretary shall establish and implement a congestion mitigation and air quality improvement program in accordance with this section.

(b)

Eligible Projects .—

42 U.S.C. 7407(d)42 U.S.C. 7511(a)December 31, 199742 U.S.C. 7401Except as provided in subsections (d) and (m)(1)(B)(ii), a State may obligate funds apportioned to it under section 104(b)(4) for the congestion mitigation and air quality improvement program only for a transportation project or program if the project or program is for an area in the State that is or was designated as a nonattainment area for ozone, carbon monoxide, or particulate matter under section 107(d) of the Clean Air Act () and classified pursuant to section 181(a), 186(a), 188(a), or 188(b) of the Clean Air Act (, 7512(a), 7513(a), or 7513(b)) or is or was designated as a nonattainment area under such section 107(d) after , or is required to prepare, and file with the Administrator of the Environmental Protection Agency, maintenance plans under the Clean Air Act ( et seq.) and—

(1)

(A)

(i)

if the Secretary, after consultation with the Administrator determines, on the basis of information published by the Environmental Protection Agency pursuant to section 108(f)(1)(A) of the Clean Air Act (other than clause (xvi)) that the project or program is likely to contribute to—

(I)

the attainment of a national ambient air quality standard in the designated nonattainment area; or

(II)

the maintenance of a national ambient air quality standard in a maintenance area; and

(ii)

a high level of effectiveness in reducing air pollution, in cases of projects or programs where sufficient information is available in the database established pursuant to subsection (h) to determine the relative effectiveness of such projects or programs; or,

(B)

in any case in which such information is not available, if the Secretary, after such consultation, determines that the project or program is part of a program, method, or strategy described in such section 108(f)(1)(A);

(2)

if the project or program is included in a State implementation plan that has been approved pursuant to the Clean Air Act and the project will have air quality benefits;

(3)

the Secretary, after consultation with the Administrator of the Environmental Protection Agency, determines that the project or program is likely to contribute to the attainment or maintenance of a national ambient air quality standard, whether through reductions in vehicle miles traveled, fuel consumption, or through other factors;

(4)

to establish or operate a traffic monitoring, management, and control facility or program, including advanced truck stop electrification systems, if the Secretary, after consultation with the Administrator of the Environmental Protection Agency, determines that the facility or program is likely to contribute to the attainment or maintenance in the area of a national ambient air quality standard;

(5)

if the program or project improves traffic flow, including projects to improve signalization, construct high occupancy vehicle lanes, improve intersections, add turning lanes, improve transportation systems management and operations that mitigate congestion and improve air quality, and implement intelligent transportation system strategies and such other projects that are eligible for assistance under this section on the day before the date of enactment of this paragraph, including programs or projects to improve incident and emergency response or improve mobility, such as through real-time traffic, transit, and multimodal traveler information;

(6)

if the project or program involves the purchase of integrated, interoperable emergency communications equipment;

(7)

if the project or program shifts traffic demand to nonpeak hours or other transportation modes, increases vehicle occupancy rates, or otherwise reduces demand for roads through such means as telecommuting, ridesharing, carsharing, shared micromobility (including bikesharing and shared scooter systems), alternative work hours, and pricing;

(8)

if the project or program is for—

(A)

the purchase of diesel replacements or retrofits that are—

(i)

42 U.S.C. 16131 42 U.S.C. 7550 verified technologies (as defined in section 791 of the Energy Policy Act of 2005 ()) for motor vehicles (as defined in section 216 of the Clean Air Act ()); or

(ii)

42 U.S.C. 16131 42 U.S.C. 7550 verified technologies (as defined in section 791 of the Energy Policy Act of 2005 ()) for non-road vehicles and non-road engines (as defined in section 216 of the Clean Air Act ()) that are used in construction projects or port-related freight operations that are—

(I)

₁₀_2.542 U.S.C. 7401 located in nonattainment or maintenance areas for ozone, PM, or PM (as defined under the Clean Air Act ( et seq.)); and

(II)

funded, in whole or in part, under this title or chapter 53 of title 49;

(B)

the conduct of outreach activities that are designed to provide information and technical assistance to the owners and operators of diesel equipment and vehicles regarding the purchase and installation of diesel replacements or retrofits; or

(C)

the purchase of medium- or heavy-duty zero emission vehicles and related charging equipment;

(9)

if the project or program is for the installation of vehicle-to-infrastructure communication equipment;

(10)

if the project is for the modernization or rehabilitation of a lock and dam that—

(A)

is functionally connected to the Federal-aid highway system; and

(B)

the Secretary determines is likely to contribute to the attainment or maintenance of a national ambient air quality standard; or

(11)

section 55601(c) of title 46 if the project is on a marine highway corridor, connector, or crossing designated by the Secretary under (including an inland waterway corridor, connector, or crossing) that—

(A)

is functionally connected to the Federal-aid highway system; and

(B)

the Secretary determines is likely to contribute to the attainment or maintenance of a national ambient air quality standard.

(c)

Special Rules.—

(1)

Projects for pm–10 nonattainment areas .—

A State may obligate funds apportioned to the State under section 104(b)(4) for a project or program for an area that is nonattainment for ozone or carbon monoxide, or both, and for PM–10 resulting from transportation activities, without regard to any limitation of the Department of Transportation relating to the type of ambient air quality standard such project or program addresses.

(2)

Electric vehicle and natural gas vehicle infrastructure .—

section 111 of title 23A State may obligate funds apportioned under section 104(b)(4) for a project or program to establish electric vehicle charging stations or natural gas vehicle refueling stations for the use of battery powered or natural gas fueled trucks or other motor vehicles at any location in the State (giving priority to corridors designated under section 151) except that such stations may not be established or supported where commercial establishments serving motor vehicle users are prohibited by , United States Code.

(3)

HOV facilities .—

No funds may be provided under this section for a project which will result in the construction of new capacity available to single occupant vehicles unless the project consists of a high occupancy vehicle facility available to single occupant vehicles only at other than peak travel times.

(4)

Locks and dams; marine highways .—

For each fiscal year, a State may not obligate more than 10 percent of the funds apportioned to the State under section 104(b)(4) for projects described in paragraphs (10) and (11) of subsection (b).

(d)

States Flexibility.—

(1)

States without a nonattainment area .—

42 U.S.C. 7401If a State does not have, and never has had, a nonattainment area designated under the Clean Air Act ( et seq.), the State may use funds apportioned to the State under section 104(b)(4) for any project in the State that—

(A)

would otherwise be eligible under subsection (b) as if the project were carried out in a nonattainment or maintenance area; or

(B)

is eligible under the surface transportation block grant program under section 133.

(2)

States with a nonattainment area.—

(A)

In general .—

If a State has a nonattainment area or maintenance area and received funds in fiscal year 2009 under section 104(b)(2)(D), as in effect on the day before the date of enactment of the MAP–21, above the amount of funds that the State would have received based on the nonattainment and maintenance area population of the State under subparagraphs (B) and (C) of section 104(b)(2), as in effect on the day before the date of enactment of the MAP–21, the State may use for any project that would otherwise be eligible under subsection (b) if the project were carried out in a nonattainment or maintenance area or is eligible under the surface transportation block grant program under section 133 an amount of funds apportioned to such State under section 104(b)(4) that is equal to the product obtained by multiplying—

(i)

the amount apportioned to such State under section 104(b)(4) (excluding the amount of funds reserved under subsection (k)(1)); by

(ii)

the ratio calculated under subparagraph (B).

(B)

Ratio .—

For purposes of this paragraph, the ratio shall be calculated as the proportion that—

(i)

the amount for fiscal year 2009 such State was permitted by section 149(c)(2), as in effect on the day before the date of enactment of the MAP–21, to obligate in any area of the State for projects eligible under section 133, as in effect on the day before the date of enactment of the MAP–21; bears to

(ii)

the total apportionment to such State for fiscal year 2009 under section 104(b)(2), as in effect on the day before the date of enactment of the MAP–21.

(3)

Changes in designation .—

42 U.S.C. 7401If a new nonattainment area is designated or a previously designated nonattainment area is redesignated as an attainment area in a State under the Clean Air Act ( et seq.), the Secretary shall modify, in a manner consistent with the approach that was in effect on the day before the date of enactment of MAP–21, the amount such State is permitted to obligate in any area of the State for projects eligible under section 133.

(e)

Applicability of Planning Requirements .—

Programming and expenditure of funds for projects under this section shall be consistent with the requirements of sections 134 and 135 of this title.

(f)

Partnerships With Nongovernmental Entities.—

(1)

In general .—

Notwithstanding any other provision of this title and in accordance with this subsection, a metropolitan planning organization, State transportation department, or other project sponsor may enter into an agreement with any public, private, or nonprofit entity to cooperatively implement any project carried out under this section.

(2)

Forms of participation by entities .—

Participation by an entity under paragraph (1) may consist of—

(A)

ownership or operation of any land, facility, vehicle, or other physical asset associated with the project;

(B)

cost sharing of any project expense;

(C)

carrying out of administration, construction management, project management, project operation, or any other management or operational duty associated with the project; and

(D)

any other form of participation approved by the Secretary.

(3)

Allocation to entities .—

A State may allocate funds apportioned under section 104(b)(4) to an entity described in paragraph (1).

(4)

Alternative fuel projects .—

In the case of a project that will provide for the use of alternative fuels by privately owned vehicles or vehicle fleets, activities eligible for funding under this subsection—

(A)

may include the costs of vehicle refueling infrastructure, including infrastructure that would support the development, production, and use of emerging technologies that reduce emissions of air pollutants from motor vehicles and nonroad vehicles and nonroad engines used in construction projects or port-related freight operations, and other capital investments associated with the project;

(B)

shall include only the incremental cost of an alternative fueled vehicle, as compared to a conventionally fueled vehicle, that would otherwise be borne by a private party; and

(C)

shall apply other governmental financial purchase contributions in the calculation of net incremental cost.

(5)

Prohibition on federal participation with respect to required activities .—

42 U.S.C. 7401A Federal participation payment under this subsection may not be made to an entity to fund an obligation imposed under the Clean Air Act ( et seq.) or any other Federal law.

(g)

Cost-Effective Emission Reduction Guidance.—

(1)

Definitions .—

In this subsection, the following definitions apply:

(A)

Administrator .—

The term “Administrator” means the Administrator of the Environmental Protection Agency.

(B)

Diesel replacement or retrofit .—

The term “diesel replacement or retrofit” means a replacement or retrofit, repowering, rebuilding, after treatment, or other technology, as determined by the Administrator.

(2)

Emission reduction guidance .—

The Administrator, in consultation with the Secretary, shall publish a list of diesel replacement or retrofit technologies and supporting technical information for—

(A)

diesel emission reduction technologies certified or verified by the Administrator, the California Air Resources Board, or any other entity recognized by the Administrator for the same purpose;

(B)

diesel emission reduction technologies identified by the Administrator as having an application and approvable test plan for verification by the Administrator or the California Air Resources Board that is submitted not later than 18 months of the date of enactment of this subsection;

(C)

available information regarding the emission reduction effectiveness and cost effectiveness of technologies identified in this paragraph, taking into consideration air quality and health effects.

(3)

Priority consideration .—

42 U.S.C. 7401States and metropolitan planning organizations shall give priority in areas designated as nonattainment or maintenance for PM2.5 under the Clean Air Act ( et seq.) in distributing funds received for congestion mitigation and air quality projects and programs from apportionments under section 104(b)(4) to projects that are proven to reduce PM2.5, including diesel replacements or retrofits.

(4)

No effect on authority or restrictions .—

42 U.S.C. 7401Nothing in this subsection modifies or otherwise affects any authority or restriction established under the Clean Air Act ( et seq.) or any other law (other than provisions of this title relating to congestion mitigation and air quality).

(h)

Interagency Consultation .—

The Secretary shall encourage States and metropolitan planning organizations to consult with State and local air quality agencies in nonattainment and maintenance areas on the estimated emission reductions from proposed congestion mitigation and air quality improvement programs and projects.

(i)

Evaluation and Assessment of Projects.—

(1)

Database.—

(A)

In general .—

Using appropriate assessments of projects funded under the congestion mitigation and air quality program and results from other research, the Secretary shall maintain and disseminate a cumulative database describing the impacts of the projects, including specific information about each project, such as the project name, location, sponsor, cost, and, to the extent already measured by the project sponsor, cost-effectiveness, based on reductions in congestion and emissions.

(B)

Availability .—

The database shall be published or otherwise made readily available by the Secretary in electronically accessible format and means, such as the Internet, for public review.

(2)

Cost effectiveness.—

(A)

In general .—

The Secretary, in consultation with the Administrator of the Environmental Protection Agency, shall evaluate projects on a periodic basis and develop a table or other similar medium that illustrates the cost-effectiveness of a range of project types eligible for funding under this section as to how the projects mitigate congestion and improve air quality.

(B)

Contents .—

The table described in subparagraph (A) shall show measures of cost-effectiveness, such as dollars per ton of emissions reduced, and assess those measures over a variety of timeframes to capture impacts on the planning timeframes outlined in section 134.

(C)

Use of table .—

lStates and metropolitan planning organizations shall consider the information in the table when selecting projects or developing performance plans under subsection ().

(j)

Optional Programmatic Eligibility.—

(1)

In general .—

At the discretion of a metropolitan planning organization, a technical assessment of a selected program of projects may be conducted through modeling or other means to demonstrate the emissions reduction projection required under this section.

(2)

Applicability .—

If an assessment described in paragraph (1) successfully demonstrates an emissions reduction, all projects included in such assessment shall be eligible for obligation under this section without further demonstration of emissions reduction of individual projects included in such assessment.

(k)

Priority for Use of Funds in PMAreas.— 2.5

(1)

In general .—

For any State that has a nonattainment or maintenance area for fine particulate matter, an amount equal to 25 percent of the funds apportioned to each State under section 104(b)(4) for a nonattainment or maintenance area that are based all or in part on the weighted population of such area in fine particulate matter nonattainment shall be obligated to projects that—

(A)

reduce such fine particulate matter emissions in such area, including diesel replacements or retrofits; and

(B)

to the extent practicable, prioritize benefits to disadvantaged communities or low-income populations living in, or immediately adjacent to, such area.

(2)

Construction equipment and vehicles .—

In order to meet the requirements of paragraph (1), a State or metropolitan planning organization may elect to obligate funds to install diesel emission control technology on nonroad diesel equipment or on-road diesel equipment that is operated on a highway construction project within a PM2.5 nonattainment or maintenance area.

(3)

PM nonattainment and maintenance in low population density states.— 2.5

(A)

Exception .—

In any State with a population density of 80 or fewer persons per square mile of land area, based on the most recent decennial census, the requirements under subsection (g)(3) and paragraphs (1) and (2) of this subsection shall not apply to a nonattainment or maintenance area in the State if—

(i)

the nonattainment or maintenance area does not have projects that are part of the emissions analysis of a metropolitan transportation plan or transportation improvement program; and

(ii)

regional motor vehicle emissions are an insignificant contributor to the air quality problem for PM2.5 in the nonattainment or maintenance area.

(B)

Calculation .—

If subparagraph (A) applies to a nonattainment or maintenance area in a State, the percentage of the PM2.5 set-aside under paragraph (1) shall be reduced for that State proportionately based on the weighted population of the area in fine particulate matter nonattainment.

(4)

Port-related equipment and vehicles .—

To meet the requirements under paragraph (1), a State or metropolitan planning organization may elect to obligate funds to the most cost-effective projects to reduce emissions from port-related landside nonroad or on-road equipment that is operated within the boundaries of a PM2.5 nonattainment or maintenance area.

(l)

Performance Plan.—

(1)

In general .—

Each metropolitan planning organization serving a transportation management area (as defined in section 134) with a population over 1,000,000 people representing a nonattainment or maintenance area shall develop a performance plan that—

(A)

includes an area baseline level for traffic congestion and on-road mobile source emissions for which the area is in nonattainment or maintenance;

(B)

describes progress made in achieving the air quality and traffic congestion performance targets described in section 150(d); and

(C)

includes a description of projects identified for funding under this section and how such projects will contribute to achieving emission and traffic congestion reduction targets.

(2)

Updated plans .—

Performance plans shall be updated biennially and include a separate report that assesses the progress of the program of projects under the previous plan in achieving the air quality and traffic congestion targets of the previous plan.

(3)

Assistance to metropolitan planning organizations.—

(A)

In general .—

On the request of a metropolitan planning organization, the Secretary may assist the metropolitan planning organization tracking progress made in minority or low-income populations as part of a performance plan under this subsection.

(B)

Savings provision .—

Nothing in this paragraph provides the Secretary the authority—

(i)

to change the performance measures under section 150(c)(5) or the performance targets established under section 134(h)(2) or 150(d); or

(ii)

to establish any other Federal requirement.

(m)

Operating Assistance.—

(1)

In general .—

A State may obligate funds apportioned under section 104(b)(4) in an area of the State that is otherwise eligible for obligations of such funds for operating costs—

(A)

under chapter 53 of title 49; or

(B)

on—

(i)

a system for which CMAQ funding was eligible, made available, obligated, or expended in fiscal year 2012; or

(ii)

49 U.S.C. 24101 Public Law 110–432 a State-supported Amtrak route with a valid cost-sharing agreement under section 209 of the Passenger Rail Investment and Improvement Act of 2008 ( note; ) and no current nonattainment areas under subsection (d).

(2)

No time limitation .—

Operating assistance provided under paragraph (1) shall have no imposed time limitation if the operating assistance is for—

(A)

a route described in subparagraph (B) of that paragraph; or

(B)

a transit system that is located in—

(i)

a non-urbanized area; or

(ii)

an urbanized area with a population of 200,000 or fewer.

Pub. L. 93–87, title I, § 142(a)Aug. 13, 197387 Stat. 272 Pub. L. 102–240, title I, § 1008(a)Dec. 18, 1991105 Stat. 1932 Pub. L. 102–388, title III, § 380Oct. 6, 1992106 Stat. 1562 Pub. L. 104–59, title III, § 319(a)(1)Nov. 28, 1995109 Stat. 588 Pub. L. 104–88, title IV, § 405(a)(2)Dec. 29, 1995109 Stat. 956 Pub. L. 105–178, title I, § 1110(a)June 9, 1998112 Stat. 142 Pub. L. 109–59, title I, § 1808(a)Aug. 10, 2005119 Stat. 1461–1463 Pub. L. 112–141, div. A, title I, § 1113(a)July 6, 2012126 Stat. 460 Pub. L. 113–76, div. L, title I, § 125Jan. 17, 2014128 Stat. 587 Pub. L. 114–94, div. A, title IDec. 4, 2015129 Stat. 1343 Pub. L. 115–141, div. L, title IV, § 421Mar. 23, 2018132 Stat. 1045 Pub. L. 117–58, div. A, title I, § 11115Nov. 15, 2021135 Stat. 480(Added , , ; amended , , ; , , ; , (b), , , 589; , (b), , , 957; –(d)(1), , , 143; –(f), , ; , (b), , ; , , ; , §§ 1109(c)(5), 1114, , , 1348; , , ; , , .)

Editorial Notes

References in Text

act July 14, 1955, ch. 360 69 Stat. 322 section 7408(f)(1)(A) of Title 42 section 7401 of Title 42The Clean Air Act, referred to in subsecs. (b), (d)(1), (3), (f)(5), and (g)(3), (4), is , , which is classified generally to chapter 85 (§ 7401 et seq.) of Title 42, The Public Health and Welfare. Section 108(f)(1)(A) of the Act is classified to . For complete classification of this Act to the Code, see Short Title note set out under and Tables.

Pub. L. 105–178June 9, 1998The date of enactment of this paragraph, referred to in subsec. (b)(5), is the date of enactment of , which was approved .

section 104(b)(2) of this title section 133 of this title Pub. L. 112–141Oct. 1, 2012Pub. L. 112–141 section 101 of this titleSections 104(b)(2), 133, and 149(c)(2), as in effect on the day before the date of enactment of the MAP–21, referred to in subsec. (d)(2), mean , , and subsec. (c)(2) of this section, respectively, as in effect on the day before the date of enactment of , which amended section 104 generally, made numerous amendments to section 133, and redesignated subsec. (c) of this section as (d) and struck it out. The date of enactment of the MAP–21 is deemed to be , see section 3(a), (b) of , set out as Effective and Termination Dates of 2012 Amendment notes under .

Pub. L. 112–141The day before the date of enactment of MAP–21, referred to in subsec. (d)(3), means the day before the date of enactment of . See note above.

Pub. L. 109–59Aug. 10, 2005The date of enactment of this subsection, referred to in subsec. (g)(2)(B), is the date of enactment of , which was approved .

section 209 of div. B of Pub. L. 110–432 section 24101 of Title 49Section 209 of the Passenger Rail Investment and Improvement Act of 2008, referred to in subsec. (m), is , which is set out as a note under , Transportation.

Amendments

Pub. L. 117–58, § 11115(1)(A)2021—Subsec. (b). , substituted “subsections (d) and (m)(1)(B)(ii)” for “subsection (d)” in introductory provisions.

Pub. L. 117–58, § 11115(1)(B)Subsec. (b)(7). , inserted “shared micromobility (including bikesharing and shared scooter systems),” after “carsharing,”.

Pub. L. 117–58, § 11115(1)(C)(i)(I)Subsec. (b)(8)(A). , inserted “replacements or” before “retrofits” in introductory provisions.

Pub. L. 117–58, § 11115(1)(C)(i)(II)42 U.S.C. 7550Subsec. (b)(8)(A)(i). , added cl. (i) and struck out former cl. (i) which read as follows: “for motor vehicles (as defined in section 216 of the Clean Air Act ()); or”.

Pub. L. 117–58, § 11115(1)(C)(ii)Subsec. (b)(8)(B). , inserted “replacements or” before “retrofits”.

Pub. L. 117–58, § 11115(1)(C)(i)(III)Subsec. (b)(8)(C). , (iii), added subpar. (C).

Pub. L. 117–58, § 11115(1)(D)Subsec. (b)(10), (11). , (E), added pars. (10) and (11).

Pub. L. 117–58, § 11115(2)Subsec. (c)(4). , added par. (4).

Pub. L. 117–58, § 11115(3)Subsec. (f)(4)(A). , inserted “and nonroad vehicles and nonroad engines used in construction projects or port-related freight operations” after “motor vehicles”.

Pub. L. 117–58, § 11115(4)(A)Subsec. (g)(1)(B). , in heading, inserted “replacement or” before “retrofit” and, in text, substituted “The term ‘diesel replacement or retrofit’ means” for “The term ‘diesel retrofit’ means” and inserted “or retrofit” after “replacement”.

Pub. L. 117–58, § 11115(4)(B)Subsec. (g)(2). , inserted “replacement or” before “retrofit” in introductory provisions.

Pub. L. 117–58, § 11115(4)(C)Subsec. (g)(3). , inserted “replacements or” before “retrofits”.

Pub. L. 117–58, § 11115(5)Subsec. (k)(1). , substituted “that—” and subpars. (A) and (B) for “that reduce such fine particulate matter emissions in such area, including diesel retrofits.”

lPub. L. 117–58, § 11115(6)Subsec. ()(3). , added par. (3).

Pub. L. 117–58, § 11115(7)Subsec. (m). , added subsec. (m) and struck out former subsec. (m). Prior to amendment, text read as follows: “A State may obligate funds apportioned under section 104(b)(4) in an area of such State that is otherwise eligible for obligations of such funds for operating costs under chapter 53 of title 49 or on a system for which CMAQ funding was made available, obligated or expended in fiscal year 2012, or on a State-Supported Amtrak route with a valid cost-sharing agreement under section 209 of the Passenger Rail Investment and Improvement Act of 2008 and no current nonattainment areas under subsection (d), and shall have no imposed time limitation.”

Pub. L. 115–1412018—Subsec. (m). inserted “or on a State-Supported Amtrak route with a valid cost-sharing agreement under section 209 of the Passenger Rail Investment and Improvement Act of 2008 and no current nonattainment areas under subsection (d),” after “2012,”.

Pub. L. 114–94, § 1114(1)(A)2015—Subsec. (b)(1)(A)(i)(I). , inserted “in the designated nonattainment area” after “air quality standard”.

Pub. L. 114–94, § 1114(1)(B)Subsec. (b)(3). , inserted “or maintenance” after “likely to contribute to the attainment”.

Pub. L. 114–94, § 1114(1)(C)Subsec. (b)(4). , substituted “attainment or maintenance in the area of” for “attainment of”.

Pub. L. 114–94, § 1114(1)(E)(i)(I)Subsec. (b)(8)(A)(ii). , inserted “or port-related freight operations” after “construction projects” in introductory provisions.

Pub. L. 114–94, § 1114(1)(E)(i)(II)Subsec. (b)(8)(A)(ii)(II). , inserted “or chapter 53 of title 49” after “this title”.

Pub. L. 114–94, § 1114(1)(D)Subsec. (b)(9). , (E)(ii), (F), added par. (9).

Pub. L. 114–94, § 1114(2)Subsec. (c)(2). , inserted “(giving priority to corridors designated under section 151)” after “at any location in the State”.

Pub. L. 114–94, § 1114(3)(A)Subsec. (d)(1)(B). , amended subpar. (B) generally. Prior to amendment, subpar. (B) read as follows: “is eligible under the surface transportation program under section 133.”

Pub. L. 114–94, § 1114(3)(B)(i)(I)Subsec. (d)(2)(A). , inserted “would otherwise be eligible under subsection (b) if the project were carried out in a nonattainment or maintenance area or” after “may use for any project that” in introductory provisions.

Pub. L. 114–94, § 1109(c)(5), substituted “surface transportation block grant program” for “surface transportation program” in introductory provisions.

Pub. L. 114–94, § 1114(3)(B)(i)(II)Subsec. (d)(2)(A)(i). , substituted “subsection (k)(1)” for “paragraph (l)”.

Pub. L. 114–94, § 1114(3)(B)(ii)Subsec. (d)(2)(B)(i). , substituted “MAP–21” for “MAP–21t”.

Pub. L. 114–94, § 1114(3)(C)Subsec. (d)(3). , inserted “, in a manner consistent with the approach that was in effect on the day before the date of enactment of MAP–21,” after “the Secretary shall modify”.

Pub. L. 114–94, § 1114(4)Subsec. (g)(2)(B). , substituted “not later than” for “not later that”.

Pub. L. 114–94, § 1114(5)Subsec. (k)(3), (4). , added pars. (3) and (4).

lPub. L. 114–94, § 1114(6)Subsec. ()(1)(B). , inserted “air quality and traffic congestion” before “performance targets”.

Pub. L. 114–94, § 1114(7)Subsec. (m). , substituted “section 104(b)(4)” for “section 104(b)(2)”.

Pub. L. 113–762014—Subsec. (m). substituted “for which CMAQ funding was made available, obligated or expended in fiscal year 2012, and shall have no imposed time limitation” for “that was previously eligible under this section”.

Pub. L. 112–141, § 1113(a)(1)2012—Subsec. (b). , (5), in introductory provisions, substituted “in subsection (d)” for “in subsection (c)” and “section 104(b)(4)” for “section 104(b)(2)” and struck out concluding provisions which read as follows: “No funds may be provided under this section for a project which will result in the construction of new capacity available to single occupant vehicles unless the project consists of a high occupancy vehicle facility available to single occupant vehicles only at other than peak travel times. In areas of a State which are nonattainment for ozone or carbon monoxide, or both, and for PM–10 resulting from transportation activities, the State may obligate such funds for any project or program under paragraph (1) or (2) without regard to any limitation of the Department of Transportation relating to the type of ambient air quality standard such project or program addresses.”

Pub. L. 112–141, § 1113(a)(2)Subsec. (b)(5). , inserted “add turning lanes,” after “improve intersections,” and substituted “paragraph, including programs or projects to improve incident and emergency response or improve mobility, such as through real-time traffic, transit, and multimodal traveler information;” for “paragraph;”.

Pub. L. 112–141, § 1113(a)(3)Subsec. (b)(7). , (7), added par. (7). Former par. (7) redesignated (8).

Pub. L. 112–141, § 1113(a)(4)42 U.S.C. 16131Subsec. (b)(7)(A)(ii). , substituted “verified technologies (as defined in section 791 of the Energy Policy Act of 2005 ())” for “published in the list under subsection (f)(2)” in introductory provisions.

Pub. L. 112–141, § 1113(a)(6)Subsec. (b)(8). , redesignated par. (7) as (8).

Pub. L. 112–141, § 1113(b)(2)Subsec. (c). , added subsec. (c). Former subsec. (c) redesignated (d).

Pub. L. 112–141, § 1113(b)(3)Subsec. (d). , added subsec. (d) and struck out former subsec. (d) which related to states receiving minimum apportionment.

Pub. L. 112–141, § 1113(b)(1), redesignated subsec. (c) as (d). Former subsec. (d) redesignated (e).

Pub. L. 112–141, § 1113(b)(1)Subsec. (e). , redesignated subsec. (d) as (e). Former subsec. (e) redesignated (f).

Pub. L. 112–141, § 1113(b)(1)Subsec. (f). , (4), redesignated subsec. (e) as (f) and substituted “104(b)(4)” for “104(b)(2)” in par. (3). Former subsec. (f) redesignated (g).

Pub. L. 112–141, § 1113(b)(1)Subsec. (g). , (5), redesignated subsec. (f) as (g), added par. (3), and struck out former par. (3) which related to priority. Former subsec. (g) redesignated (h).

Pub. L. 112–141, § 1113(b)(1)Subsec. (h). , redesignated subsec. (g) as (h). Former subsec. (h) redesignated (i).

Pub. L. 112–141, § 1113(b)(6)Subsec. (i). , added subsec. (i) and struck out former subsec. (i) which related to evaluation and assessment of projects.

Pub. L. 112–141, § 1113(b)(1), redesignated subsec. (h) as (i).

Pub. L. 112–141, § 1113(b)(6)Subsecs. (j) to (m). , added subsecs. (j) to (m).

Pub. L. 109–59, § 1808(a)42 U.S.C. 74012005—Subsec. (b). , inserted “or is required to prepare, and file with the Administrator of the Environmental Protection Agency, maintenance plans under the Clean Air Act ( et seq.)” after “1997,” in introductory provisions.

Pub. L. 109–59, § 1808(b)(1)Subsec. (b)(1). , added par. (1) and struck out former par. (1) which read as follows:

“(A) if the Secretary, after consultation with the Administrator of the Environmental Protection Agency, determines, on the basis of information published by the Environmental Protection Agency pursuant to section 108(f)(1)(A) of the Clean Air Act (other than clause (xvi) of such section), that the project or program is likely to contribute to—

“(i) the attainment of a national ambient air quality standard; or

“(ii) the maintenance of a national ambient air quality standard in a maintenance area; or

“(B) in any case in which such information is not available, if the Secretary, after such consultation, determines that the project or program is part of a program, method, or strategy described in such section;”.

Pub. L. 109–59, § 1808(b)(2)(A)Subsec. (b)(4). , inserted “, including advanced truck stop electrification systems,” after “control facility or program”.

Pub. L. 109–59, § 1808(b)(3)(A)Subsec. (b)(5). , inserted “improve transportation systems management and operations that mitigate congestion and improve air quality,” after “intersections,”.

Pub. L. 109–59, § 1808(b)(2)(B)Subsec. (b)(6), (7). , (3)(B), (4), which directed addition of pars. (6) and (7) at end of subsec. (b), was executed by adding pars. (6) and (7) after par. (5) to reflect the probable intent of Congress.

Pub. L. 109–59, § 1808(c)(1)Subsec. (c)(1). , substituted “for any project in the State that—” and subpars. (A) and (B) for “for any project eligible under the surface transportation program under section 133.”

Pub. L. 109–59, § 1808(c)(2)Subsec. (c)(2). , substituted “for any project in the State that—” and subpars. (A) and (B) for “for any project in the State eligible under section 133.”

Pub. L. 109–59, § 1808(d)Subsecs. (f) to (h). –(f), added subsecs. (f) to (h).

Pub. L. 105–178, § 1110(a)1998—Subsec. (a). , substituted “shall establish and implement” for “shall establish”.

Pub. L. 105–178, § 1110(b)(1)42 U.S.C. 7407(d)42 U.S.C. 7511(a)December 31, 199742 U.S.C. 7407(d)Subsec. (b). , in introductory provisions, substituted “that is or was designated as a nonattainment area for ozone, carbon monoxide, or particulate matter under section 107(d) of the Clean Air Act () and classified pursuant to section 181(a), 186(a), 188(a), or 188(b) of the Clean Air Act (, 7512(a), 7513(a), or 7513(b)) or is or was designated as a nonattainment area under such section 107(d) after ,” for “that was designated as a nonattainment area under section 107(d) of the Clean Air Act () during any part of fiscal year 1994”.

Pub. L. 105–178, § 1110(b)(2)Subsec. (b)(1)(A). , substituted “clause (xvi) of such section” for “clauses (xii) and (xvi) of such section”.

Pub. L. 105–178, § 1110(b)(3)42 U.S.C. 7407(d)Subsec. (b)(1)(A)(ii). , substituted “a maintenance area” for “an area that was designated as a nonattainment area but that was later redesignated by the Administrator of the Environmental Protection Agency as an attainment area under section 107(d) of the Clean Air Act ()”.

Pub. L. 105–178, § 1110(b)(4)Subsec. (b)(5). –(6), added par. (5).

Pub. L. 105–178, § 1110(c)Subsec. (c). , added subsec. (c) and struck out heading and text of former subsec. (c). Text read as follows: “If a State does not have a nonattainment area for ozone or carbon monoxide under the Clean Air Act located within its borders, the State may use funds apportioned to it under section 104(b)(2) for any project eligible for assistance under the surface transportation program.”

Pub. L. 105–178, § 1110(d)(1)Subsec. (e). , added subsec. (e).

Pub. L. 104–59, § 319(a)(1)(A)42 U.S.C. 7407(d)1995—Subsec. (b). , in introductory provisions, inserted “if the project or program is for an area in the State that was designated as a nonattainment area under section 107(d) of the Clean Air Act () during any part of fiscal year 1994 and” after “project or program”.

Pub. L. 104–59, § 319(a)(1)(B)Subsec. (b)(1)(A). , substituted “contribute to—” and cls. (i) and (ii) for “contribute to the attainment of a national ambient air quality standard; or”.

Pub. L. 104–59, § 319(b)(1)Subsec. (b)(2). , struck out “or” at end.

Pub. L. 104–88, § 405(b)(1)Subsec. (b)(3). , inserted “or” after semicolon at end.

Pub. L. 104–59, § 319(b)(2), substituted a semicolon for period at end.

Pub. L. 104–88, § 405(b)(2)Subsec. (b)(4). , substituted a period for “; or” at end.

Pub. L. 104–59, § 319(b)(3)Pub. L. 104–88, § 405(a)(2), as amended by , added par. (4).

Pub. L. 102–3881992—Subsec. (b). inserted at end “In areas of a State which are nonattainment for ozone or carbon monoxide, or both, and for PM–10 resulting from transportation activities, the State may obligate such funds for any project or program under paragraph (1) or (2) without regard to any limitation of the Department of Transportation relating to the type of ambient air quality standard such project or program addresses.”

Pub. L. 102–2401991— substituted section catchline for one which read: “Truck lanes” and amended text generally. Prior to amendment, text read as follows: “The Secretary may approve as a project on any Federal-aid system the construction of exclusive or preferential truck lanes.”

Statutory Notes and Related Subsidiaries

Effective Date of 2021 Amendment

Pub. L. 117–58Oct. 1, 2021section 10003 of Pub. L. 117–58 section 101 of this titleAmendment by effective , see , set out as a note under .

Effective Date of 2015 Amendment

Pub. L. 114–94Oct. 1, 2015section 1003 of Pub. L. 114–94 section 5313 of Title 5Amendment by effective , see , set out as a note under , Government Organization and Employees.

Effective Date of 2012 Amendment

Pub. L. 112–141Oct. 1, 2012section 3(a) of Pub. L. 112–141 section 101 of this titleAmendment by effective , see , set out as an Effective and Termination Dates of 2012 Amendment note under .

Effective Date of 1995 Amendment

section 405(b) of Pub. L. 104–88Jan. 1, 1996section 2 of Pub. L. 104–88 section 1301 of Title 49Amendment by effective , see , set out as an Effective Date note under , Transportation.

Pub. L. 104–88, title IV, § 405(a)Dec. 29, 1995109 Stat. 956Nov. 28, 1995, , , provided that the amendment made by section 405(a)(2) is effective .

Effective Date of 1991 Amendment

Pub. L. 102–240Dec. 18, 1991Sept. 30, 1991Sept. 30, 1991section 1100 of Pub. L. 102–240 section 104 of this titleAmendment by effective , and applicable to funds authorized to be appropriated or made available after , and, with certain exceptions, not applicable to funds appropriated or made available on or before , see , set out as a note under .

Reduction of Truck Emissions at Port Facilities

Pub. L. 117–58, div. A, title I, § 11402Nov. 15, 2021135 Stat. 553

“(a)

Establishment of Program.—

“(1)

In general .—

The Secretary [of Transportation] shall establish a program to reduce idling at port facilities, under which the Secretary shall—

“(A)

study how ports and intermodal port transfer facilities would benefit from increased opportunities to reduce emissions at ports, including through the electrification of port operations;

“(B)

study emerging technologies and strategies that may help reduce port-related emissions from idling trucks; and

“(C)

coordinate and provide funding to test, evaluate, and deploy projects that reduce port-related emissions from idling trucks, including through the advancement of port electrification and improvements in efficiency, focusing on port operations, including heavy-duty commercial vehicles, and other related projects.

“(2)

Consultation .—

In carrying out the program under this subsection, the Secretary may consult with the Secretary of Energy and the Administrator of the Environmental Protection Agency.

“(b)

Grants.—

“(1)

In general .—

In carrying out subsection (a)(1)(C), the Secretary shall award grants to fund projects that reduce emissions at ports, including through the advancement of port electrification.

“(2)

Cost share .—

A grant awarded under paragraph (1) shall not exceed 80 percent of the total cost of the project funded by the grant.

“(3)

Coordination .—

In carrying out the grant program under this subsection, the Secretary shall—

“(A)

to the maximum extent practicable, leverage existing resources and programs of the Department [of Transportation] and other relevant Federal agencies; and

“(B)

coordinate with other Federal agencies, as the Secretary determines to be appropriate.

“(4)

Application; selection.—

“(A)

Application .—

The Secretary shall solicit applications for grants under paragraph (1) at such time, in such manner, and containing such information as the Secretary determines to be necessary.

“(B)

Selection .—

The Secretary shall make grants under paragraph (1) by not later than April 1 of each fiscal year for which funding is made available.

“(5)

Requirement .—

Notwithstanding any other provision of law, any project funded by a grant under this subsection shall be treated as a project on a Federal-aid highway under chapter 1 of title 23, United States Code.

“(c)

Report .—

Not later than 1 year after the date on which all of the projects funded with a grant under subsection (b) are completed, the Secretary shall submit to Congress a report that includes—

“(1)

the findings of the studies described in subparagraphs (A) and (B) of subsection (a)(1);

“(2)

the results of the projects that received a grant under subsection (b);

“(3)

any recommendations for workforce development and training opportunities with respect to port electrification; and

“(4)

any policy recommendations based on the findings and results described in paragraphs (1) and (2).”

, , , provided that:

Healthy Streets Program

Pub. L. 117–58, div. A, title I, § 11406Nov. 15, 2021135 Stat. 575

“(a)

Definitions .—

In this section:

“(1)

Cool pavement .—

The term ‘cool pavement’ means a pavement with reflective surfaces with higher albedo to decrease the surface temperature of that pavement.

“(2)

Eligible entity .—

The term ‘eligible entity’ means—

“(A)

a State;

“(B)

a metropolitan planning organization;

“(C)

a unit of local government;

“(D)

a Tribal government; and

“(E)

a nonprofit organization working in coordination with an entity described in subparagraphs (A) through (D).

“(3)

Low-income community .—

42 U.S.C. 9902The term ‘low-income community’ means a census block group in which not less than 30 percent of the population lives below the poverty line (as defined in section 673 of the Community Services Block Grant Act ()).

“(4)

Porous pavement .—

The term ‘porous pavement’ means a paved surface with a higher than normal percentage of air voids to allow water to pass through the surface and infiltrate into the subsoil.

“(5)

Program .—

The term ‘program’ means the Healthy Streets program established under subsection (b).

“(6)

State .—

section 101(a) of title 23The term ‘State’ has the meaning given the term in , United States Code.

“(7)

Tribal government .—

Nov. 15, 202125 U.S.C. 5131The term ‘Tribal government’ means the recognized governing body of any Indian or Alaska Native tribe, band, nation, pueblo, village, community, component band, or component reservation, individually identified (including parenthetically) in the list published most recently as of the date of enactment of this Act [] pursuant to section 104 of the Federally Recognized Indian Tribe List Act of 1994 ().

“(b)

Establishment .—

The Secretary [of Transportation] shall establish a discretionary grant program, to be known as the ‘Healthy Streets program’, to provide grants to eligible entities—

“(1)

to deploy cool pavements and porous pavements; and

“(2)

to expand tree cover.

“(c)

Goals .—

The goals of the program are—

“(1)

to mitigate urban heat islands;

“(2)

to improve air quality; and

“(3)

to reduce—

“(A)

the extent of impervious surfaces;

“(B)

stormwater runoff and flood risks; and

“(C)

heat impacts to infrastructure and road users.

“(d)

Application.—

“(1)

In general .—

To be eligible to receive 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 may require.

“(2)

Requirements .—

The application submitted by an eligible entity under paragraph (1) shall include a description of—

“(A)

how the eligible entity would use the grant funds; and

“(B)

the contribution that the projects intended to be carried out with grant funds would make to improving the safety, health outcomes, natural environment, and quality of life in low-income communities and disadvantaged communities.

“(e)

Use of Funds .—

An eligible entity that receives a grant under the program may use the grant funds for 1 or more of the following activities:

“(1)

Conducting an assessment of urban heat islands to identify hot spot areas of extreme heat or elevated air pollution.

“(2)

Conducting a comprehensive tree canopy assessment, which shall assess the current tree locations and canopy, including—

“(A)

an inventory of the location, species, condition, and health of existing tree canopies and trees on public facilities; and

“(B)

an identification of—

“(i)

the locations where trees need to be replaced;

“(ii)

empty tree boxes or other locations where trees could be added; and

“(iii)

flood-prone locations where trees or other natural infrastructure could mitigate flooding.

“(3)

Conducting an equity assessment by mapping tree canopy gaps, flood-prone locations, and urban heat island hot spots as compared to—

“(A)

pedestrian walkways and public transportation stop locations;

“(B)

low-income communities; and

“(C)

disadvantaged communities.

“(4)

Planning activities, including developing an investment plan based on the results of the assessments carried out under paragraphs (1), (2), and (3).

“(5)

Purchasing and deploying cool pavements to mitigate urban heat island hot spots.

“(6)

Purchasing and deploying porous pavement to mitigate flooding and stormwater runoff in—

“(A)

pedestrian-only areas; and

“(B)

areas of low-volume, low-speed vehicular use.

“(7)

Purchasing of trees, site preparation, planting of trees, ongoing maintenance and monitoring of trees, and repairing of storm damage to trees, with priority given to—

“(A)

to the extent practicable, the planting of native species; and

“(B)

projects located in a neighborhood with lower tree cover or higher maximum daytime summer temperatures compared to surrounding neighborhoods.

“(8)

Assessing underground infrastructure and coordinating with local transportation and utility providers.

“(9)

Hiring staff to conduct any of the activities described in paragraphs (1) through (8).

“(f)

Priority .—

In awarding grants to eligible entities under the program, the Secretary shall give priority to an eligible entity—

“(1)

proposing to carry out an activity or project in a low-income community or a disadvantaged community;

“(2)

that has entered into a community benefits agreement with representatives of the community; or

“(3)

16 U.S.C. 1722 that is partnering with a qualified youth or conservation corps (as defined in section 203 of the Public Lands Corps Act of 1993 ()).

“(g)

Distribution Requirement .—

section 101(a) of title 23Of the amounts made available to carry out the program for each fiscal year, not less than 80 percent shall be provided for projects in urbanized areas (as defined in , United States Code).

“(h)

Federal Share.—

“(1)

In general .—

Except as provided under paragraph (2), the Federal share of the cost of a project carried out under the program shall be 80 percent.

“(2)

Waiver .—

The Secretary may increase the Federal share requirement under paragraph (1) to 100 percent for projects carried out by an eligible entity that demonstrates economic hardship, as determined by the Secretary.

“(i)

Maximum Grant Amount .—

An individual grant under this section shall not exceed $15,000,000.

“(j)

Treatment of Projects .—

Notwithstanding any other provision of law, a project assisted under this section shall be treated as a project on a Federal-aid highway under chapter 1 of title 23, United States Code.”

, , , provided that:

Determination by Secretary; Water-Phased Hydrocarbon Fuel Emulsion Technologies

Pub. L. 105–178, title I, § 1110(d)(2)June 9, 1998112 Stat. 144 Pub. L. 105–206, title IX, § 9002(g)July 22, 1998112 Stat. 836

“For the purposes of section 149(e) [now 149(f)] of title 23, United States Code, the Secretary shall determine in accordance with the procedures specified in section 149(b) of such title whether water-phased hydrocarbon fuel emulsion technologies that consist of a hydrocarbon base and water in an amount not less than 20 percent by volume reduce emissions of hydrocarbon, particulate matter, carbon monoxide, or nitrogen oxide from motor vehicles.”

, , , as amended by , , , provided that:

Study of CMAQ Program

Pub. L. 105–178, title I, § 1110(e)June 9, 1998112 Stat. 144

“(1)

In general .—

January 1, 2001section 149 of title 23The Secretary and the Administrator of the Environmental Protection Agency shall enter into arrangements with the National Academy of Sciences to complete, by not later than , a study of the congestion mitigation and air quality improvement program under , United States Code. The study shall, at a minimum—

“(A)

evaluate the air quality impacts of emissions from motor vehicles;

“(B)

evaluate the negative effects of traffic congestion, including the economic effects of time lost due to congestion;

“(C)

determine the amount of funds obligated under the program and make a comprehensive analysis of the types of projects funded under the program;

“(D)

evaluate the emissions reductions attributable to projects of various types that have been funded under the program;

“(E)

assess the effectiveness, including the quantitative and nonquantitative benefits, of projects funded under the program and include, in the assessment, an estimate of the cost per ton of pollution reduction;

“(F)

assess the cost effectiveness of projects funded under the program with respect to congestion mitigation;

“(G)

compare—

“(i)

the costs of achieving the air pollutant emissions reductions achieved under the program; to

“(ii)

the costs that would be incurred if similar reductions were achieved by other measures, including pollution controls on stationary sources;

“(H)

include recommendations on improvements, including other types of projects, that will increase the overall effectiveness of the program;

“(I)

include recommendations on expanding the scope of the program to address traffic-related pollutants that, as of the date of the study, are not addressed by the program.

“(2)

Report .—

January 1, 2000Not later than , the National Academy of Sciences shall transmit to the Secretary, the Committee on Transportation and Infrastructure and the Committee on Commerce of the House of Representatives, and the Committee on Environment and Public Works of the Senate a report on the results of the study with recommendations for modifications to the congestion mitigation and air quality improvement program in light of the results of the study.

“(3)

Funding .—

section 104(b)(2) of title 23Before making the apportionment of funds under [former] , United States Code, for each of fiscal years 1999 and 2000, the Secretary shall deduct from the amount to be apportioned under such section for such fiscal year, and make available, $500,000 for such fiscal year to carry out this subsection.”

, , , provided that:

Effect of Limitation on Apportionment

section 319(a)(1) of Pub. L. 104–59 Pub. L. 102–240 section 319(c) of Pub. L. 104–59 section 104 of this titleNotwithstanding any other provision of law, for each of fiscal years 1996 and 1997, amendment by not to affect any apportionment adjustments under section 1015 of the Intermodal Surface Transportation Efficiency Act of 1991, , see , set out as a note under .

Value Pricing Pilot Program

Pub. L. 102–240, title I, § 1012(b)Dec. 18, 1991105 Stat. 1938 Pub. L. 104–59, title III, § 325(e)Nov. 28, 1995109 Stat. 592 Pub. L. 105–178, title I, § 1216(a)June 9, 1998112 Stat. 211 Pub. L. 105–206, title IX, § 9006(b)July 22, 1998112 Stat. 848 Pub. L. 109–59, title I, § 1604(a)Aug. 10, 2005119 Stat. 1249

“(1)

The Secretary shall solicit the participation of State and local governments and public authorities for one or more value pricing pilot programs. The Secretary may enter into cooperative agreements with as many as 15 such State or local governments or public authorities to establish, maintain, and monitor value pricing programs.

“(2)

section 129 of title 23 Notwithstanding , United States Code, the Federal share payable for such programs shall be 80 percent. The Secretary shall fund all preimplementation costs and project design, and all of the development and other start up costs of such projects, including salaries and expenses, for a period of at least 1 year, and thereafter until such time that sufficient revenues are being generated by the program to fund its operating costs without Federal participation, except that the Secretary may not fund the preimplementation or implementation costs of any project for more than 3 years.

“(3)

Revenues generated by any pilot project under this subsection must be applied to projects eligible under such title.

“(4)

Notwithstanding sections 129 and 301 of title 23, United States Code, the Secretary shall allow the use of tolls on the Interstate System as part of any value pricing pilot program under this subsection.

“(5)

The Secretary shall monitor the effect of such programs for a period of at least 10 years, and shall report to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives every 2 years on the effects such programs are having on driver behavior, traffic volume, transit ridership, air quality, and availability of funds for transportation programs.

“(6)

HOV passenger requirements .—

section 102(a) of title 23Notwithstanding , United States Code, a State may permit vehicles with fewer than 2 occupants to operate in high occupancy vehicle lanes if the vehicles are part of a value pricing pilot program under this subsection.

“(7)

Financial effects on low-income drivers .—

Any value pricing pilot program under this subsection shall include, if appropriate, an analysis of the potential effects of the pilot program on low-income drivers and may include mitigation measures to deal with any potential adverse financial effects on low-income drivers.

“(8)

Funding.—

“(A)

In general .—

There are authorized to be appropriated to the Secretary from the Highway Trust Fund (other than the Mass Transit Account) to carry out this subsection—

“(i)

for fiscal year 2005, $11,000,000; and

“(ii)

for each of fiscal years 2006 through 2009, $12,000,000.

“(B)

Set-aside for projects not involving highway tolls .—

Of the amounts made available to carry out this subsection, $3,000,000 for each of fiscal years 2006 through 2009 shall be available only for congestion pricing pilot projects that do not involve highway tolls.

“(C)

Availability .—

Funds allocated by the Secretary to a State under this subsection shall remain available for obligation by the State for a period of 3 years after the last day of the fiscal year for which the funds are authorized.

“(D)

Use of unallocated funds .—

If the total amount of funds made available from the Highway Trust Fund to carry out this subsection for fiscal year 1998 and fiscal years thereafter but not allocated exceeds $8,000,000 as of September 30 of any year, the excess amount—

“(i)

section 104(b)(3) of title 23 shall be apportioned in the following fiscal year by the Secretary to all States in accordance with [former] , United States Code;

“(ii)

shall be considered to be a sum made available for expenditure on the surface transportation program, except that the amount shall not be subject to section 133(d) of such title; and

“(iii)

shall be available for any purpose eligible for funding under section 133 of such title.

“(C)

Contract authority [probably should be (E)] .—

Funds authorized to carry out this subsection shall be available for obligation in the same manner as if the funds were apportioned under chapter 1 of title 23, United States Code; except that the Federal share of the cost of any project under this subsection and the availability of funds authorized to carry out this subsection shall be determined in accordance with this subsection.”

, , , as amended by , , ; , , ; , , ; , , , provided that: