S.Amdt. 1713Senate112th Congress (2011-2013)

S.Amdt. 1713

What it does: Strikes title II
Submitted February 17, 2012

What it changes

1 change to S. 1813 · shown in the bill's text

Strikes a provision

We couldn't read part of this amendment. That part is shown as written below.

  1. Strikes title II

    Strikes

    In S. 1813 · Reported to Senate

    Struck: TITLE II--RESEARCH AND EDUCATION

    Struck: Subtitle A--Funding

    Struck: SEC. 2101. AUTHORIZATION OF APPROPRIATIONS.

    Struck: (a) In General.--The following amounts are authorized to be appropriated out of the Highway Trust Fund (other than the Mass Transit Account):

    Show 868 more struck paragraphs

    Struck: (1) Highway research and development program.--To carry out sections 503(b), 503(d), and 509 of title 23, United States Code, $90,000,000 for each of fiscal years 2012 and 2013.

    Struck: (2) Technology and innovation deployment program.--To carry out section 503(c) of title 23, United States Code, $90,000,000 for each of fiscal years 2012 and 2013.

    Struck: (3) Training and education.--To carry out section 504 of title 23, United States Code, $24,000,000 for each of fiscal years 2012 and 2013.

    Struck: (4) Intelligent transportation systems program.--To carry out sections 512 through 518 of title 23, United States Code, $100,000,000 for each of fiscal years 2012 and 2013.

    Struck: (5) University transportation centers program.--To carry out section 5505 of title 49, United States Code, $70,000,000 for each of fiscal years 2012 and 2013.

    Struck: (6) Bureau of transportation statistics.--To carry out chapter 65 of title 49, United States Code, $26,000,000 for each of fiscal years 2012 and 2013.

    Struck: (b) Applicability of Title 23, United States Code.--Funds authorized to be appropriated by subsection (a) shall--

    Struck: (1) be available for obligation in the same manner as if those funds were apportioned under chapter 1 of title 23, United States Code, except that the Federal share of the cost of a project or activity carried out using those funds shall be 80 percent, unless otherwise expressly provided by this Act (including the amendments by this Act) or otherwise determined by the Secretary; and

    Struck: (2) remain available until expended and not be transferable.

    Struck: Subtitle B--Research, Technology, and Education

    Struck: SEC. 2201. RESEARCH, TECHNOLOGY, AND EDUCATION.

    Struck: Section 501 of title 23, United States Code, is amended--

    Struck: (1) by redesignating paragraph (2) as paragraph (8);

    Struck: (2) by inserting after paragraph (1) the following:

    Struck: "(2) Incident.--The term 'incident' means a crash, natural disaster, workzone activity, special event, or other emergency road user occurrence that adversely affects or impedes the normal flow of traffic.

    Struck: "(3) Innovation lifecycle.--The term 'innovation lifecycle' means the process of innovating through--

    Struck: "(A) the identification of a need;

    Struck: "(B) the establishment of the scope of research to address that need;

    Struck: "(C) setting an agenda;

    Struck: "(D) carrying out research, development, deployment, and testing of the resulting technology or innovation; and

    Struck: "(E) carrying out an evaluation of the impact of the resulting technology or innovation.

    Struck: "(4) Intelligent transportation infrastructure.--The term 'intelligent transportation infrastructure' means fully integrated public sector intelligent transportation system components, as defined by the Secretary.

    Struck: "(5) Intelligent transportation system.--The terms 'intelligent transportation system' and 'ITS' mean electronics, photonics, communications, or information processing used singly or in combination to improve the efficiency or safety of a surface transportation system.

    Struck: "(6) National architecture.--For purposes of this chapter, the term 'national architecture' means the common framework for interoperability that defines--

    Struck: "(A) the functions associated with intelligent transportation system user services;

    Struck: "(B) the physical entities or subsystems within which the functions reside;

    Struck: "(C) the data interfaces and information flows between physical subsystems; and

    Struck: "(D) the communications requirements associated with the information flows.

    Struck: "(7) Project.--The term 'project' means an undertaking to research, develop, or operationally test intelligent transportation systems or any other undertaking eligible for assistance under this chapter."; and

    Struck: (3) by inserting after paragraph (8) (as so redesignated) the following:

    Struck: "(9) Standard.--The term 'standard' means a document that--

    Struck: "(A) contains technical specifications or other precise criteria for intelligent transportation systems that are to be used consistently as rules, guidelines, or definitions of characteristics so as to ensure that materials, products, processes, and services are fit for the intended purposes of the materials, products, processes, and services; and

    Struck: "(B) may support the national architecture and promote--

    Struck: "(i) the widespread use and adoption of intelligent transportation system technology as a component of the surface transportation systems of the United States; and

    Struck: "(ii) interoperability among intelligent transportation system technologies implemented throughout the States.".

    Struck: SEC. 2202. SURFACE TRANSPORTATION RESEARCH, DEVELOPMENT, AND TECHNOLOGY.

    Struck: (a) Surface Transportation Research, Development, and Technology.-- Section 502 of title 23, United States Code, is amended--

    Struck: (1) in the section heading by inserting ", development, and technology" after "surface transportation research";

    Struck: (2) in subsection (a)--

    Struck: (A) by redesignating paragraphs (1) through (8) as paragraphs (2) through (9), respectively;

    Struck: (B) by inserting before paragraph (2) (as redesignated by subparagraph (A)) the following:

    Struck: "(1) Applicability.--The research, development, and technology provisions of this section shall apply throughout this chapter.";

    Struck: (C) in paragraph (2) (as redesignated by subparagraph (A))--

    Struck: (i) by inserting "within the innovation lifecycle" after "activities"; and

    Struck: (ii) by inserting "marketing and communications, impact analysis," after "training,";

    Struck: (D) in paragraph (3) (as redesignated by subparagraph (A))--

    Struck: (i) in subparagraph (B) by striking "supports research in which there is a clear public benefit and" and inserting "delivers a clear public benefit and occurs where";

    Struck: (ii) in subparagraph (C) by striking "or" after the semicolon;

    Struck: (iii) by redesignating subparagraph (D) as subparagraph (H); and

    Struck: (iv) by inserting after subparagraph (C) the following:

    Struck: "(D) meets and addresses current or emerging needs;

    Struck: "(E) presents the best means to align resources with multiyear plans and priorities;

    Struck: "(F) ensures the coordination of highway research and technology transfer activities, including through activities performed by university transportation centers;

    Struck: "(G) educates current and future transportation professionals; or";

    Struck: (E) in paragraph (4) (as redesignated by subparagraph (A)) by striking subparagraphs (B) through (D) and inserting the following:

    Struck: "(B) partner with State highway agencies and other stakeholders as appropriate, including international entities, to facilitate research and technology transfer activities;

    Struck: "(C) communicate the results of ongoing and completed research;

    Struck: "(D) lead efforts to coordinate national emphasis areas of highway research, technology, and innovation deployment;

    Struck: "(E) leverage partnerships with industry, academia, and international entities; and

    Struck: "(F) conduct, facilitate, and support training and education of current and future transportation professionals.";

    Struck: (F) in paragraph (5)(C) (as redesignated by subparagraph (A)) by striking "policy and planning" and inserting "all highway objectives seeking to improve the performance of the transportation system";

    Struck: (G) in paragraph (6) (as redesignated by subparagraph (A)) in the second sentence, by inserting "tribal governments," after "local governments,"; and

    Struck: (H) in paragraph (8) (as redesignated by subparagraph (A))--

    Struck: (i) in the first sentence, by striking "To the maximum" and inserting the following:

    Struck: "(A) In general.--To the maximum";

    Struck: (ii) in the second sentence, by striking "Performance measures" and inserting the following:

    Struck: "(B) Performance measures.--Performance measures";

    Struck: (iii) in the third sentence, by striking "All evaluations" and inserting the following:

    Struck: "(D) Availability of evaluations.--All evaluations under this paragraph"; and

    Struck: (iv) by inserting after subparagraph (B) the following:

    Struck: "(C) Program plan.--To the maximum extent practicable, each program pursued under this chapter shall be part of a data-driven, outcome-oriented program plan.";

    Struck: (3) in subsection (b)--

    Struck: (A) in paragraph (4) by striking "surface transportation research and technology development strategic plan developed under section 508" and inserting "the transportation research and development strategic plan of the Secretary";

    Struck: (B) in paragraph (5) by striking "section" each place it appears and inserting "chapter";

    Struck: (C) in paragraph (6) by adding at the end the following:

    Struck: "(C) Transfer of amounts among states or to federal highway administration.--The Secretary may, at the request of a State, transfer amounts apportioned or allocated to that State under this chapter to another State or the Federal Highway Administration to fund research, development, and technology transfer activities of mutual interest on a pooled funds basis.

    Struck: "(D) Transfer of obligation authority.--Obligation authority for amounts transferred under this subsection shall be disbursed in the same manner and for the same amount as provided for the project being transferred."; and

    Struck: (D) by adding at the end the following:

    Struck: "(7) Prize competitions.--

    Struck: "(A) In general.--The Secretary may carry out prize competitions to award competitive prizes for surface transportation innovations that have the potential for application to the research and technology objectives and activities of the Federal Highway Administration to improve system performance.

    Struck: "(B) Requirements.--

    Struck: "(i) In general.--The Secretary shall use a competitive process for the selection of prize recipients and shall widely advertise and solicit participation in prize competitions under this paragraph.

    Struck: "(ii) Registration required.--No individual or entity shall participate in a prize competition under this paragraph unless the individual or entity has registered with the Secretary in accordance with the eligibility requirements established by the Secretary under clause (iii).

    Struck: "(iii) Minimum requirements.--The Secretary shall establish eligibility requirements for participation in each prize competition under this paragraph, which, at a minimum, shall--

    Struck: "(I) limit participation in the prize competition to--

    Struck: "(aa) individuals who are citizens of the United States;

    Struck: "(bb) entities organized or existing under the laws of the United States or of a State; and

    Struck: "(cc) entities organized or existing under the laws of a foreign country, if the controlling interest, as defined by the Secretary, is held by an individual or entity described in item (aa) or (bb);

    Struck: "(II) require any individual or entity that registers for a prize competition--

    Struck: "(aa) to assume all risks arising from participation in the competition; and

    Struck: "(bb) to waive all claims against the Federal Government for any damages arising out of participation in the competition, including all claims, whether through negligence or otherwise, except in the case of willful misconduct, for--

    Struck: "(AA) injury, death, damage, or loss of property; or

    Struck: "(BB) loss of revenue or profits, whether direct, indirect, or consequential; and

    Struck: "(III) require any individual or entity that registers for a prize competition to waive all claims against any non-Federal entity operating or managing the prize competition, such as a private contractor managing competition activities, to the extent that the Secretary believes is necessary to protect the interests of the Federal Government.

    Struck: "(C) Relationship to other authority.--The Secretary may exercise the authority in this section in conjunction with, or in addition to, any other authority of the Secretary to acquire, support, or stimulate innovations with the potential for application to the Federal highway research technology and education program.";

    Struck: (4) in subsection (c)--

    Struck: (A) in paragraph (3)(A)--

    Struck: (i) by striking "subsection" and inserting "chapter"; and

    Struck: (ii) by striking "50" and inserting "80"; and

    Struck: (B) in paragraph (4) by striking "subsection" and inserting "chapter"; and

    Struck: (5) by striking subsections (d) through (j).

    Struck: (b) Conforming Amendment.--The analysis for chapter 5 of title 23, United States Code, is amended by striking the item relating to section 502 and inserting the following:

    Struck: "502. Surface transportation research, development, and technology.".

    Struck: SEC. 2203. RESEARCH AND TECHNOLOGY DEVELOPMENT AND DEPLOYMENT.

    Struck: (a) In General.--Section 503 of title 23, United States Code, is amended to read as follows:

    Struck: "Sec. 503. Research and technology development and deployment

    Struck: "(a) In General.--The Secretary shall--

    Struck: "(1) carry out research, development, and deployment activities that encompass the entire innovation lifecycle; and

    Struck: "(2) ensure that all research carried out under this section aligns with the transportation research and development strategic plan of the Secretary.

    Struck: "(b) Highway Research and Development Program.--

    Struck: "(1) Objectives.--In carrying out the highway research and development program, the Secretary, to address current and emerging highway transportation needs, shall--

    Struck: "(A) identify research topics;

    Struck: "(B) coordinate domestic and international research and development activities;

    Struck: "(C) carry out research, testing, and evaluation activities; and

    Struck: "(D) provide technology transfer and technical assistance.

    Struck: "(2) Contents.--Research and development activities carried out under this section may include any of the following activities:

    Struck: "(A) Improving highway safety.--

    Struck: "(i) In general.--The Secretary shall carry out research and development activities from an integrated perspective to establish and implement systematic measures to improve highway safety.

    Struck: "(ii) Objectives.--In carrying out this subparagraph the Secretary shall carry out research and development activities--

    Struck: "(I) to achieve greater long-term safety gains;

    Struck: "(II) to reduce the number of fatalities and serious injuries on public roads;

    Struck: "(III) to fill knowledge gaps that limit the effectiveness of research;

    Struck: "(IV) to support the development and implementation of State strategic highway safety plans;

    Struck: "(V) to advance improvements in, and use of, performance prediction analysis for decisionmaking; and

    Struck: "(VI) to expand technology transfer to partners and stakeholders.

    Struck: "(iii) Contents.--Research and technology activities carried out under this subparagraph may include--

    Struck: "(I) safety assessments and decisionmaking tools;

    Struck: "(II) data collection and analysis;

    Struck: "(III) crash reduction projections;

    Struck: "(IV) low-cost safety countermeasures;

    Struck: "(V) innovative operational improvements and designs of roadway and roadside features;

    Struck: "(VI) evaluation of countermeasure costs and benefits;

    Struck: "(VII) development of tools for projecting impacts of safety countermeasures;

    Struck: "(VIII) rural road safety measures;

    Struck: "(IX) safety measures for vulnerable road users, including bicyclists and pedestrians;

    Struck: "(X) safety policy studies;

    Struck: "(XI) human factors studies and measures;

    Struck: "(XII) safety technology deployment;

    Struck: "(XIII) safety workforce professional capacity building initiatives;

    Struck: "(XIV) safety program and process improvements; and

    Struck: "(XV) tools and methods to enhance safety performance, including achievement of statewide safety performance targets.

    Struck: "(B) Improving infrastructure integrity.--

    Struck: "(i) In general.--The Secretary shall carry out and facilitate highway infrastructure research and development activities--

    Struck: "(I) to maintain infrastructure integrity;

    Struck: "(II) to meet user needs; and

    Struck: "(III) to link Federal transportation investments to improvements in system performance.

    Struck: "(ii) Objectives.--In carrying out this subparagraph, the Secretary shall carry out research and development activities--

    Struck: "(I) to reduce the number of fatalities attributable to infrastructure design characteristics and work zones;

    Struck: "(II) to improve the safety and security of highway infrastructure;

    Struck: "(III) to increase the reliability of lifecycle performance predictions used in infrastructure design, construction, and management;

    Struck: "(IV) to improve the ability of transportation agencies to deliver projects that meet expectations for timeliness, quality, and cost;

    Struck: "(V) to reduce user delay attributable to infrastructure system performance, maintenance, rehabilitation, and construction;

    Struck: "(VI) to improve highway condition and performance through increased use of design, materials, construction, and maintenance innovations;

    Struck: "(VII) to reduce the lifecycle environmental impacts of highway infrastructure through innovations in design, construction, operation, preservation, and maintenance; and

    Struck: "(VIII) to study vulnerabilities of the transportation system to seismic activities and extreme events and methods to reduce those vulnerabilities.

    Struck: "(iii) Contents.--Research and technology activities carried out under this subparagraph may include--

    Struck: "(I) long-term infrastructure performance programs addressing pavements, bridges, tunnels, and other structures;

    Struck: "(II) short-term and accelerated studies of infrastructure performance;

    Struck: "(III) research to develop more durable infrastructure materials and systems;

    Struck: "(IV) advanced infrastructure design methods;

    Struck: "(V) accelerated highway construction;

    Struck: "(VI) performance-based specifications;

    Struck: "(VII) construction and materials quality assurance;

    Struck: "(VIII) comprehensive and integrated infrastructure asset management;

    Struck: "(IX) infrastructure safety assurance;

    Struck: "(X) highway infrastructure security;

    Struck: "(XI) sustainable infrastructure design and construction;

    Struck: "(XII) infrastructure rehabilitation and preservation techniques, including techniques to rehabilitate and preserve historic infrastructure;

    Struck: "(XIII) hydraulic, geotechnical, and aerodynamic aspects of infrastructure;

    Struck: "(XIV) improved highway construction technologies and practices;

    Struck: "(XV) improved tools, technologies, and models for infrastructure management, including assessment and monitoring of infrastructure condition;

    Struck: "(XVI) studies to improve flexibility and resiliency of infrastructure systems to withstand climate variability;

    Struck: "(XVII) studies of infrastructure resilience and other adaptation measures; and "(XVIII) maintenance of seismic research activities, including research carried out in conjunction with other Federal agencies to study the vulnerability of the transportation system to seismic activity and methods to reduce that vulnerability.

    Struck: "(iv) Lifecycle costs analysis study.--

    Struck: "(I) In general.--In this clause, the term 'lifecycle costs analysis' means a process for evaluating the total economic worth of a usable project segment by analyzing initial costs and discounted future costs, such as maintenance, user, reconstruction, rehabilitation, restoring, and resurfacing costs, over the life of the project segment.

    Struck: "(II) Study.--The Comptroller General shall conduct a study of the best practices for calculating lifecycle costs for federally funded highway projects. At a minimum, this study shall include a thorough literature review and a survey of current lifecycle cost practices of State departments of transportation.

    Struck: "(III) Consultation.--In carrying out this study, the Comptroller shall consult with, at a minimum--

    Struck: "(aa) the American Association of State Highway and Transportation Officials;

    Struck: "(bb) appropriate experts in the field of lifecycle cost analysis; and

    Struck: "(cc) appropriate industry experts and research centers.

    Struck: "(IV) Report.--Not later than 1 year after the date of enactment of the MAP-21, the Comptroller General shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the results of the study which shall include, but is not limited to--

    Struck: "(aa) a summary of the latest research on lifecycle cost analysis; and

    Struck: "(bb) recommendations on the appropriate--

    Struck: "(AA) period of analysis;

    Struck: "(BB) design period;

    Struck: "(CC) discount rates; and

    Struck: "(DD) use of actual material life and maintenance cost data.

    Struck: "(C) Strengthening transportation planning and environmental decisionmaking.--

    Struck: "(i) In general.--The Secretary shall carry out research--

    Struck: "(I) to improve transportation planning and environmental decisionmaking processes; and

    Struck: "(II) to minimize the impact of surface transportation on the environment and quality of life.

    Struck: "(ii) Objectives.--In carrying out this subparagraph the Secretary shall carry out research and development activities--

    Struck: "(I) to reduce the impact of highway infrastructure and operations on the natural and human environment;

    Struck: "(II) to advance improvements in environmental analyses and processes and context sensitive solutions for transportation decisionmaking;

    Struck: "(III) to improve construction techniques;

    Struck: "(IV) to accelerate construction to reduce congestion and related emissions;

    Struck: "(V) to reduce the impact of highway runoff on the environment;

    Struck: "(VI) to maintain sustainability of biological communities and ecosystems adjacent to highway corridors;

    Struck: "(VII) to improve understanding and modeling of the factors that contribute to the demand for transportation;

    Struck: "(VIII) to improve transportation planning decisionmaking and coordination; and

    Struck: "(IX) to reduce the environmental impacts of freight movement.

    Struck: "(iii) Contents.--Research and technology activities carried out under this subparagraph may include--

    Struck: "(I) creation of models and tools for evaluating transportation measures and transportation system designs;

    Struck: "(II) congestion reduction efforts;

    Struck: "(III) transportation and economic development planning in rural areas and small communities;

    Struck: "(IV) improvement of State, local, and tribal capabilities relating to surface transportation planning and the environment;

    Struck: "(V) environmental stewardship and sustainability activities;

    Struck: "(VI) streamlining of project delivery processes;

    Struck: "(VII) development of effective strategies and techniques to analyze and minimize impacts to the natural and human environment and provide environmentally beneficial mitigation;

    Struck: "(VIII) comprehensive multinational planning;

    Struck: "(IX) multistate transportation corridor planning;

    Struck: "(X) improvement of transportation choices, including walking, bicycling, and linkages to public transportation;

    Struck: "(XI) ecosystem sustainability;

    Struck: "(XII) wildlife and plant population connectivity and interaction across and along highway corridors;

    Struck: "(XIII) analysis, measurement, and reduction of air pollution from transportation sources;

    Struck: "(XIV) advancement in the understanding of health impact analyses in transportation planning and project development;

    Struck: "(XV) transportation planning professional development;

    Struck: "(XVI) research on improving the cooperation and integration of transportation planning with other regional plans, including land use, energy, water infrastructure, economic development, and housing plans; and

    Struck: "(XVII) reducing the environmental impacts of freight movement.

    Struck: "(D) Reducing congestion, improving highway operations, and enhancing freight productivity.--

    Struck: "(i) In general.--The Secretary shall carry out research under this subparagraph with the goals of--

    Struck: "(I) addressing congestion problems;

    Struck: "(II) reducing the costs of congestion;

    Struck: "(III) improving freight movement;

    Struck: "(IV) increasing productivity; and

    Struck: "(V) improving the economic competitiveness of the United States.

    Struck: "(ii) Objectives.--In carrying out this subparagraph, the Secretary shall carry out research and development activities to identify, develop, and assess innovations that have the potential--

    Struck: "(I) to reduce traffic congestion;

    Struck: "(II) to improve freight movement; and

    Struck: "(III) to reduce freight-related congestion throughout the transportation network.

    Struck: "(iii) Contents.--Research and technology activities carried out under this subparagraph may include--

    Struck: "(I) active traffic and demand management;

    Struck: "(II) acceleration of the implementation of Intelligent Transportation Systems technology;

    Struck: "(III) advanced transportation concepts and analysis;

    Struck: "(IV) arterial management and traffic signal operation;

    Struck: "(V) congestion pricing;

    Struck: "(VI) corridor management;

    Struck: "(VII) emergency operations;

    Struck: "(VIII) research relating to enabling technologies and applications;

    Struck: "(IX) freeway management;

    Struck: "(X) evaluation of enabling technologies;

    Struck: "(XI) freight industry professional development;

    Struck: "(XII) impacts of vehicle size and weight on congestion;

    Struck: "(XIII) freight operations and technology;

    Struck: "(XIV) operations and freight performance measurement and management;

    Struck: "(XV) organization and planning for operations;

    Struck: "(XVI) planned special events management;

    Struck: "(XVII) real-time transportation information; "(XVIII) road weather management;

    Struck: "(XIX) traffic and freight data and analysis tools;

    Struck: "(XX) traffic control devices;

    Struck: "(XXI) traffic incident management;

    Struck: "(XXII) work zone management; "(XXIII) communication of travel, roadway, and emergency information to persons with disabilities; and

    Struck: "(XXIV) research on enhanced mode choice and intermodal connectivity.

    Struck: "(E) Assessing policy and system financing alternatives.--

    Struck: "(i) In general.--The Secretary shall carry out research and technology on emerging issues in the domestic and international transportation community from a policy perspective.

    Struck: "(ii) Objectives.--Research and technology activities carried out under this subparagraph shall provide information to policy and decisionmakers on current and emerging transportation issues.

    Struck: "(iii) Research activities.--Activities carried out under this subparagraph shall include--

    Struck: "(I) the planning and integration of a coordinated program related to the possible design, interoperability, and institutional roles of future sustainable transportation revenue mechanisms;

    Struck: "(II) field trials to research potential alternative revenue mechanisms, and the Secretary may partner with individual States, groups of States, or other entities to implement such trials; and

    Struck: "(III) other activities to study new methods which preserve a user-fee structure to maintain the long-term solvency of the Highway Trust Fund.

    Struck: "(iv) Contents.--Research and technology activities carried out under this subparagraph may include--

    Struck: "(I) highway needs and investment analysis;

    Struck: "(II) a motor fuel tax evasion program;

    Struck: "(III) advancing innovations in revenue generation, financing, and procurement for project delivery;

    Struck: "(IV) improving the accuracy of project cost analyses;

    Struck: "(V) highway performance measurement;

    Struck: "(VI) travel demand performance measurement;

    Struck: "(VII) highway finance performance measurement;

    Struck: "(VIII) international technology exchange initiatives;

    Struck: "(IX) infrastructure investment needs reports;

    Struck: "(X) promotion of the technologies, products, and best practices of the United States; and

    Struck: "(XI) establishment of partnerships among the United States, foreign agencies, and transportation experts.

    Struck: "(v) Funding.--Of the funds authorized to carry out this subsection, no less than 50 percent shall be used to carry out clause (iii).

    Struck: "(F) Infrastructure investment needs report.--

    Struck: "(i) In general.--Not later than July 31, 2012, and July 31 of every second year thereafter, the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a report that describes estimates of the future highway and bridge needs of the United States and the backlog of current highway and bridge needs.

    Struck: "(ii) Comparisons.--Each report under clause (i) shall include all information necessary to relate and compare the conditions and service measures used in the previous biennial reports to conditions and service measures used in the current report.

    Struck: "(iii) Inclusions.--Each report under clause (i) shall provide recommendations to Congress on changes to the Highway Performance Monitoring System that address--

    Struck: "(I) improvements to the quality and standardization of data collection on all functional classifications of Federal-aid highways for accurate system length, lane length, and vehicle-mile of travel; and

    Struck: "(II) changes to the reporting requirements authorized under section 315, to reflect recommendations under this paragraph for collection, storage, analysis, reporting, and display of data for Federal-aid highways and, to the maximum extent practical, all public roads.

    Struck: "(G) Exploring next generation solutions and capitalizing on the highway research center.--

    Struck: "(i) In general.--The Secretary shall carry out research and development activities relating to exploratory advanced research--

    Struck: "(I) to leverage the targeted capabilities of the Turner-Fairbank Highway Research Center to develop technologies and innovations of national importance; and

    Struck: "(II) to develop potentially transformational solutions to improve the durability, efficiency, environmental impact, productivity, and safety aspects of highway and intermodal transportation systems.

    Struck: "(ii) Contents.--Research and technology activities carried out under this subparagraph may include--

    Struck: "(I) long-term, high-risk research to improve the materials used in highway infrastructure;

    Struck: "(II) exploratory research to assess the effects of transportation decisions on human health;

    Struck: "(III) advanced development of surrogate measures for highway safety;

    Struck: "(IV) transformational research to affect complex environmental and highway system relationships;

    Struck: "(V) development of economical and environmentally sensitive designs, efficient and quality-controlled construction practices, and durable materials;

    Struck: "(VI) development of advanced data acquisition techniques for system condition and performance monitoring;

    Struck: "(VII) inclusive research for hour-to-hour operational decisionmaking and simulation forecasting;

    Struck: "(VIII) understanding current and emerging phenomena to inform next generation transportation policy decisionmaking; and

    Struck: "(IX) continued improvement and advancement of the Turner-Fairbank Highway Research Center.

    Struck: "(H) Aligning national challenges and disseminating information.--

    Struck: "(i) In general.--The Secretary shall conduct research and development activities--

    Struck: "(I) to establish a nationally coordinated highway research agenda that--

    Struck: "(aa) focuses on topics of national significance;

    Struck: "(bb) addresses current gaps in research;

    Struck: "(cc) encourages collaboration;

    Struck: "(dd) reduces unnecessary duplication of effort; and

    Struck: "(ee) accelerates innovation delivery; and

    Struck: "(II) to provide relevant information to researchers and highway and transportation practitioners to improve the performance of the transportation system.

    Struck: "(ii) Contents.--Research and technology activities carried out under this subparagraph may include--

    Struck: "(I) coordination, development, and implementation of a national highway research agenda;

    Struck: "(II) collaboration on national emphasis areas of highway research and coordination among international, Federal, State, and university research programs;

    Struck: "(III) development and delivery of research reports and innovation delivery messages;

    Struck: "(IV) identification of market- ready technologies and innovations; and

    Struck: "(V) provision of access to data developed under this subparagraph to the public, including researchers, stakeholders, and customers, through a publicly accessible Internet site.

    Struck: "(c) Technology and Innovation Deployment Program.--

    Struck: "(1) In general.--The Secretary shall carry out a technology and innovation deployment program relating to all aspects of highway transportation, including planning, financing, operation, structures, materials, pavements, environment, construction, and the duration of time between project planning and project delivery, with the goals of--

    Struck: "(A) significantly accelerating the adoption of innovative technologies by the surface transportation community;

    Struck: "(B) providing leadership and incentives to demonstrate and promote state-of-the-art technologies, elevated performance standards, and new business practices in highway construction processes that result in improved safety, faster construction, reduced congestion from construction, and improved quality and user satisfaction;

    Struck: "(C) constructing longer-lasting highways through the use of innovative technologies and practices that lead to faster construction of efficient and safe highways and bridges;

    Struck: "(D) improving highway efficiency, safety, mobility, reliability, service life, environmental protection, and sustainability; and

    Struck: "(E) developing and deploying new tools, techniques, and practices to accelerate the adoption of innovation in all aspects of highway transportation.

    Struck: "(2) Implementation.--

    Struck: "(A) In general.--The Secretary shall promote, facilitate, and carry out the program established under paragraph (1) to distribute the products, technologies, tools, methods, or other findings that result from highway research and development activities, including research and development activities carried out under this chapter.

    Struck: "(B) Accelerated innovation deployment.--In carrying out the program established under paragraph (1), the Secretary shall--

    Struck: "(i) establish and carry out demonstration programs;

    Struck: "(ii) provide incentives, technical assistance, and training to researchers and developers; and

    Struck: "(iii) develop improved tools and methods to accelerate the adoption of proven innovative practices and technologies as standard practices.

    Struck: "(C) Implementation of future strategic highway research program findings and results.--

    Struck: "(i) In general.--The Secretary, in consultation with the American Association of State Highway and Transportation Officials and the Transportation Research Board of the National Academy of Sciences, shall implement the findings and recommendations developed under the future strategic highway research program established under section 510.

    Struck: "(ii) Basis for findings.--The activities carried out under this subparagraph shall be based on the report submitted to Congress by the Transportation Research Board of the National Academy of Sciences under section 510(e).

    Struck: "(iii) Personnel.--The Secretary may use funds made available to carry out this subsection for administrative costs under this subparagraph, which funds shall be used in addition to any other funds made available for that purpose.

    Struck: "(iv) Fees.--

    Struck: "(I) In general.--The Secretary may impose and collect fees to recover costs associated with special data or analysis requests relating to safety naturalistic driving databases developed under the future of strategic highway research program.

    Struck: "(II) Use of fee amounts.--

    Struck: "(aa) In general.--Any fees collected under this clause shall be made available to the Secretary to carry out this section and shall remain available for expenditure until expended.

    Struck: "(bb) Supplement, not supplant.--Any fee amounts collected under this clause shall supplement, but not supplant, amounts made available to the Secretary to carry out this title.

    Struck: "(d) Air Quality and Congestion Mitigation Measure Outcomes Assessment Research.--

    Struck: "(1) In general.--The Secretary, in consultation with the Administrator of the Environmental Protection Agency, shall carry out a research program to examine the outcomes of actions funded under the congestion mitigation and air quality improvement program since the enactment of the SAFETEA-LU (Public Law 109-59).

    Struck: "(2) Goals.--The goals of the program shall include--

    Struck: "(A) the assessment and documentation, through outcomes research conducted on a representative sample of cases, of--

    Struck: "(i) the emission reductions achieved by federally supported surface transportation actions intended to reduce emissions or lessen traffic congestion; and

    Struck: "(ii) the air quality and human health impacts of those actions, including potential unrecognized or indirect consequences, attributable to those actions;

    Struck: "(B) an expanded base of empirical evidence on the air quality and human health impacts of actions described in paragraph (1); and

    Struck: "(C) an increase in knowledge of--

    Struck: "(i) the factors determining the air quality and human health changes associated with transportation emission reduction actions; and

    Struck: "(ii) other information to more accurately understand the validity of current estimation and modeling routines and ways to improve those routines.

    Struck: "(3) Administrative elements.--To carry out this subsection, the Secretary shall--

    Struck: "(A) make a grant for the coordination, selection, management, and reporting of component studies to an independent scientific research organization with the necessary experience in successfully conducting accountability and other studies on mobile source air pollutants and associated health effects;

    Struck: "(B) ensure that case studies are identified and conducted by teams selected through a competitive solicitation overseen by an independent committee of unbiased experts; and

    Struck: "(C) ensure that all findings and reports are peer-reviewed and published in a form that presents the findings together with reviewer comments.

    Struck: "(4) Report.--The Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives--

    Struck: "(A) not later than 1 year after the date of enactment of the MAP-21, and for the following year, a report providing an initial scoping and plan, and status updates, respectively, for the program under this subsection; and

    Struck: "(B) not later than 2 years after the date of enactment of the MAP-21, a final report that describes the findings of, and recommendations resulting from, the program under this subsection.

    Struck: "(5) Funding.--Of the amounts made available to carry out this section, the Secretary shall make available to carry out this subsection not more than $1,000,000 for each fiscal year.".

    Struck: (b) Conforming Amendment.--The analysis for chapter 5 of title 23, United States Code, is amended by striking the item relating to section 503 and inserting the following:

    Struck: "503. Research and technology development and deployment.".

    Struck: SEC. 2204. TRAINING AND EDUCATION.

    Struck: Section 504 of title 23, United States Code, is amended--

    Struck: (1) in subsection (a)--

    Struck: (A) in paragraph (2)(A) by inserting "and the employees of any other applicable Federal agency" before the semicolon at the end;

    Struck: (B) in paragraph (3)(A)(ii)(V) by striking "expediting" and inserting "reducing the amount of time required for";

    Struck: (C) by striking paragraph (4);

    Struck: (D) by redesignating paragraphs (5) through (8) as paragraphs (4) through (7), respectively; and

    Struck: (E) in paragraph (7) (as redesignated by subparagraph (D)) by striking "paragraph (7)" and inserting "paragraph (6)";

    Struck: (2) in subsection (b) by striking paragraph (3) and inserting the following:

    Struck: "(3) Federal share.--

    Struck: "(A) Local technical assistance centers.--

    Struck: "(i) In general.--Subject to subparagraph (B), the Federal share of the cost of an activity carried out by a local technical assistance center under paragraphs (1) and (2) shall be 50 percent.

    Struck: "(ii) Non-federal share.--The non-Federal share of the cost of an activity described in clause (i) may consist of amounts provided to a recipient under subsection (e) or section 505, up to 100 percent of the non-Federal share.

    Struck: "(B) Tribal technical assistance centers.--The Federal share of the cost of an activity carried out by a tribal technical assistance center under paragraph (2)(D)(ii) shall be 100 percent.";

    Struck: (3) in subsection (c)(2)--

    Struck: (A) by striking "The Secretary" and inserting the following:

    Struck: "(A) In general.--The Secretary";

    Struck: (B) in subparagraph (A) (as designated by subparagraph (A)) by striking ". The program" and inserting ", which program"; and

    Struck: (C) by adding at the end the following:

    Struck: "(B) Use of amounts.--Amounts provided to institutions of higher education to carry out this paragraph shall be used to provide direct support of student expenses.";

    Struck: (4) in subsection (e)(1)--

    Struck: (A) in the matter preceding subparagraph (A) by striking "sections 104(b)(1), 104(b)(2), 104(b)(3), 104(b)(4), and 144(e)" and inserting "paragraphs (1) through (4) of section 104(b)";

    Struck: (B) in subparagraph (D) by striking "and" at the end;

    Struck: (C) in subparagraph (E) by striking the period and inserting a semicolon; and

    Struck: (D) by adding at the end the following:

    Struck: "(F) meetings of transportation professionals that include education and professional development activities;

    Struck: "(G) activities carried out by the National Highway Institute under subsection (a); and

    Struck: "(H) local technical assistance programs under subsection (b).";

    Struck: (5) in subsection (f) in the heading, by striking "PILOT";

    Struck: (6) in subsection (g)(4)(F) by striking "excellence" and inserting "stewardship"; and

    Struck: (7) by adding at the end the following:

    Struck: "(h) Centers for Surface Transportation Excellence.--

    Struck: "(1) In general.--The Secretary may make grants under this section to establish and maintain centers for surface transportation excellence.

    Struck: "(2) Goals.--The goals of a center referred to in paragraph (1) shall be to promote and support strategic national surface transportation programs and activities relating to the work of State departments of transportation in the areas of environment, surface transportation safety, rural safety, and project finance.".

    Struck: SEC. 2205. STATE PLANNING AND RESEARCH.

    Struck: Section 505 of title 23, United States Code, is amended--

    Struck: (1) in subsection (a)--

    Struck: (A) in the matter preceding paragraph (1) by striking "section 104 (other than sections 104(f) and 104(h)) and under section 144" and inserting "paragraphs (1) through (5) of section 104(b)"; and

    Struck: (B) in paragraph (3) by striking "under section 303" and inserting ", plans, and processes under sections 119, 148, 149, and 167";

    Struck: (2) in subsection (b)--

    Struck: (A) in paragraph (1) by striking "25" and inserting "24"; and

    Struck: (B) in paragraph (2) by striking "75 percent of the funds described in paragraph (1)" and inserting "70 percent of the funds described in subsection (a)";

    Struck: (3) by redesignating subsections (c) and (d) as subsections (d) and (e), respectively;

    Struck: (4) by inserting after subsection (b) the following:

    Struck: "(c) Implementation of Future Strategic Highway Research Program Findings and Results.--

    Struck: "(1) Funds.--Not less than 6 percent of the funds subject to subsection (a) that are apportioned to a State for a fiscal year shall be made available to the Secretary to carry out section 503(c)(2)(C).

    Struck: "(2) Treatment of funds.--Funds expended under paragraph (1) shall not be considered to be part of the extramural budget of the agency for the purpose of section 9 of the Small Business Act (15 U.S.C. 638)."; and

    Struck: (5) in paragraph (e) (as so redesignated) by striking "section 118(b)(2)" and inserting "section 118(b)".

    Struck: SEC. 2206. INTERNATIONAL HIGHWAY TRANSPORTATION PROGRAM.

    Struck: Section 506 of title 23, United States Code, is repealed.

    Struck: SEC. 2207. SURFACE TRANSPORTATION ENVIRONMENTAL COOPERATIVE RESEARCH PROGRAM.

    Struck: Section 507 of title 23, United States Code, is repealed.

    Struck: SEC. 2208. NATIONAL COOPERATIVE FREIGHT RESEARCH.

    Struck: Section 509(d) of title 23, United States Code, is amended by adding at the end the following:

    Struck: "(6) Coordination of cooperative research.--The National Academy of Sciences shall coordinate research agendas, research project selections, and competitions across all transportation- related cooperative research programs carried out by the National Academy of Sciences to ensure program efficiency, effectiveness, and the dissemination of research findings.".

    Struck: SEC. 2209. UNIVERSITY TRANSPORTATION CENTERS PROGRAM.

    Struck: (a) In General.--Section 5505 of title 49, United States Code, is amended to read as follows:

    Struck: "Sec. 5505. University transportation centers program

    Struck: "(a) University Transportation Centers Program.--

    Struck: "(1) Establishment and operation.--The Secretary shall make grants under this section to eligible nonprofit institutions of higher education to establish and operate university transportation centers.

    Struck: "(2) Role of centers.--The role of each university transportation center referred to in paragraph (1) shall be--

    Struck: "(A) to advance transportation expertise and technology in the varied disciplines that comprise the field of transportation through education, research, and technology transfer activities;

    Struck: "(B) to provide for a critical transportation knowledge base outside of the Department of Transportation; and

    Struck: "(C) to address critical workforce needs and educate the next generation of transportation leaders.

    Struck: "(b) Competitive Selection Process.--

    Struck: "(1) Applications.--To receive a grant under this section, a nonprofit institution of higher education shall submit to the Secretary an application that is in such form and contains such information as the Secretary may require.

    Struck: "(2) General selection criteria.--

    Struck: "(A) In general.--Except as otherwise provided by this section, the Secretary shall award grants under this section in nonexclusive candidate topic areas established by the Secretary that address the research priorities identified in section 503 of title 23.

    Struck: "(B) Criteria.--The Secretary, in conjunction with the Administrators of the Federal Highway Administration and the Federal Transit Administration, shall select each recipient of a grant under this section through a competitive process based on the assessment of the Secretary relating to--

    Struck: "(i) the demonstrated ability of the recipient to address each specific topic area described in the research and strategic plans of the recipient;

    Struck: "(ii) the demonstrated research, technology transfer, and education resources available to the recipient to carry out this section;

    Struck: "(iii) the ability of the recipient to provide leadership in solving immediate and long-range national and regional transportation problems;

    Struck: "(iv) the ability of the recipient to carry out research, education, and technology transfer activities that are multimodal and multidisciplinary in scope;

    Struck: "(v) the demonstrated commitment of the recipient to carry out transportation workforce development programs through--

    Struck: "(I) degree-granting programs;

    Struck: "(II) training seminars for practicing professionals;

    Struck: "(III) outreach activities to attract new entrants into the transportation field, including women, minorities, and persons from disadvantaged communities; and

    Struck: "(IV) primary and secondary school transportation workforce outreach;

    Struck: "(vi) the demonstrated ability of the recipient to disseminate results and spur the implementation of transportation research and education programs through national or statewide continuing education programs;

    Struck: "(vii) the demonstrated commitment of the recipient to the use of peer review principles and other research best practices in the selection, management, and dissemination of research projects;

    Struck: "(viii) the strategic plan submitted by the recipient describing the proposed research to be carried out by the recipient and the performance metrics to be used in assessing the performance of the recipient in meeting the stated research, technology transfer, education, and outreach goals; and

    Struck: "(ix) the ability of the recipient to implement the proposed program in a cost- efficient manner, such as through cost sharing and overall reduced overhead, facilities, and administrative costs.

    Struck: "(c) Grants.--

    Struck: "(1) In general.--Not later than 1 year after the date of enactment of the MAP-21, the Secretary, in conjunction with the Administrators of the Federal Highway Administration and the Federal Transit Administration, shall select grant recipients under subsection (b) and make grant amounts available to the selected recipients.

    Struck: "(2) Tier 1 university transportation centers.--

    Struck: "(A) In general.--For each of fiscal years 2012 and 2013 and subject to subparagraph (B), the Secretary shall provide grants to not more than 15 recipients that the Secretary determines best meet the criteria described in subsection (b)(2).

    Struck: "(B) Restrictions.--

    Struck: "(i) In general.--For each fiscal year, a grant made available under this paragraph shall not exceed $3,500,000 per recipient.

    Struck: "(ii) Focused research.--At least 2 of the recipients awarded a grant under this paragraph shall have expertise in, and focus research on, public transportation issues.

    Struck: "(C) Matching requirement.--

    Struck: "(i) In general.--As a condition of receiving a grant under this paragraph, a grant recipient shall match 100 percent of the amounts made available under the grant.

    Struck: "(ii) Sources.--The matching amounts referred to in clause (i) may include amounts made available to the recipient under--

    Struck: "(I) section 504(b) or 505 of title 23; and

    Struck: "(II) subject to prior approval by the Secretary, a transportation-related grant from the National Science Foundation.

    Struck: "(3) Tier 2 university transportation centers.--

    Struck: "(A) In general.--For each of fiscal years 2012 and 2013, the Secretary shall provide grants of not more than $2,000,000 each to not more than 20 recipients to carry out this section.

    Struck: "(B) Restriction.--A grant recipient under paragraph (2) shall not be eligible to receive a grant under this paragraph.

    Struck: "(C) Matching requirement.--

    Struck: "(i) In general.--As a condition of receiving a grant under this paragraph, a grant recipient shall match 50 percent of the amounts made available under the grant.

    Struck: "(ii) Sources.--The matching amounts referred to in clause (i) may include amounts made available to the recipient under--

    Struck: "(I) section 504(b) or 505 of title 23; and

    Struck: "(II) subject to prior approval by the Secretary, a transportation-related grant from the National Science Foundation.

    Struck: "(D) Focused research.--In awarding grants under this paragraph, consideration shall be given to minority institutions, as defined by section 365(3) of the Higher Education Act (20 U.S.C. Sec. 1067k), or consortia that include such institutions that have demonstrated an ability in transportation-related research . The requirements of subsection (c)(3)(C) shall not apply upon demonstration of financial hardship by the applicant institution.

    Struck: "(d) Program Coordination.--

    Struck: "(1) In general.--The Secretary shall--

    Struck: "(A) coordinate the research, education, and technology transfer activities carried out by grant recipients under this section; and

    Struck: "(B) disseminate the results of that research through the establishment and operation of an information clearinghouse.

    Struck: "(2) Annual review and evaluation.--Not less frequently than annually, and consistent with the plan developed under section 508 of title 23, the Secretary shall review and evaluate the programs carried out under this section by grant recipients.

    Struck: "(3) Program evaluation and oversight.--For each of fiscal years 2012 and 2013, the Secretary shall expend not more than 1\1/2\ percent of the amounts made available to the Secretary to carry out this section for any coordination, evaluation, and oversight activities of the Secretary under this section and section 5506.

    Struck: "(e) Limitation on Availability of Amounts.--Amounts made available to the Secretary to carry out this section shall remain available for obligation by the Secretary for a period of 3 years after the last day of the fiscal year for which the amounts are appropriated.

    Struck: "(f) Information Collection.--Any survey, questionnaire, or interview that the Secretary determines to be necessary to carry out reporting requirements relating to any program assessment or evaluation activity under this section, including customer satisfaction assessments, shall not be subject to chapter 35 of title 44.".

    Struck: (b) Conforming Amendment.--The analysis for chapter 55 of title 49, United States Code, is amended by striking the item relating to section 5505 and inserting the following:

    Struck: "Sec. 5505. University transportation centers program.".

    Struck: SEC. 2210. BUREAU OF TRANSPORTATION STATISTICS.

    Struck: (a) In General.--Subtitle III of title 49, United States Code, is amended by adding at the end the following:

    Struck: "CHAPTER 63--BUREAU OF TRANSPORTATION STATISTICS

    Struck: "6301. Definitions. "6302. Bureau of Transportation Statistics. "6303. Intermodal transportation database. "6304. National transportation library. "6305. Advisory council on transportation statistics. "6306. Transportation statistical collection, analysis, and dissemination. "6307. Furnishing of information, data, or reports by Federal agencies. "6308. Proceeds of data product sales. "6309. Information collection. "6310. National transportation atlas database. "6311. Limitations on statutory construction. "6312. Research and development grants. "6313. Transportation statistics annual report. "6314. Mandatory response authority for freight data collection.

    Struck: "Sec. 6301. Definitions. "In this chapter, the following definitions apply:

    Struck: "(1) Bureau.--The term 'Bureau' means the Bureau of Transportation Statistics established by section 6302(a).

    Struck: "(2) Department.--The term 'Department' means the Department of Transportation.

    Struck: "(3) Director.--The term 'Director' means the Director of the Bureau.

    Struck: "(4) Library.--The term 'Library' means the National Transportation Library established by section 6304(a).

    Struck: "(5) Secretary.--The term 'Secretary' means the Secretary of Transportation.

    Struck: "Sec. 6302. Bureau of Transportation Statistics.

    Struck: "(a) Establishment.--There is established in the Research and Innovative Technology Administration the Bureau of Transportation Statistics.

    Struck: "(b) Director.--

    Struck: "(1) Appointment.--The Bureau shall be headed by a Director, who shall be appointed in the competitive service by the Secretary.

    Struck: "(2) Qualifications.--The Director shall be appointed from among individuals who are qualified to serve as the Director by virtue of training and experience in the collection, analysis, and use of transportation statistics.

    Struck: "(3) Duties.--

    Struck: "(A) In general.--The Director shall--

    Struck: "(i) serve as the senior advisor to the Secretary on data and statistics; and

    Struck: "(ii) be responsible for carrying out the duties described in subparagraph (B).

    Struck: "(B) Duties.--The Director shall--

    Struck: "(i) ensure that the statistics compiled under clause (vi) are designed to support transportation decisionmaking by--

    Struck: "(I) the Federal Government;

    Struck: "(II) State and local governments;

    Struck: "(III) metropolitan planning organizations;

    Struck: "(IV) transportation-related associations;

    Struck: "(V) the private sector, including the freight community; and

    Struck: "(VI) the public;

    Struck: "(ii) establish on behalf of the Secretary a program--

    Struck: "(I) to effectively integrate safety data across modes; and

    Struck: "(II) to address gaps in existing Department safety data programs;

    Struck: "(iii) work with the operating administrations of the Department--

    Struck: "(I) to establish and implement the data programs of the Bureau; and

    Struck: "(II) to improve the coordination of information collection efforts with other Federal agencies;

    Struck: "(iv) evaluate and update as necessary surveys and data collection methods of the Department on a continual basis to improve the accuracy and utility of transportation statistics;

    Struck: "(v) encourage the standardization of data, data collection methods, and data management and storage technologies for data collected by--

    Struck: "(I) the Bureau;

    Struck: "(II) the operating administrations of the Department;

    Struck: "(III) State and local governments;

    Struck: "(IV) metropolitan planning organizations; and

    Struck: "(V) private sector entities;

    Struck: "(vi) collect, compile, analyze, and publish a comprehensive set of transportation statistics on the performance and impacts of the national transportation system, including statistics on--

    Struck: "(I) transportation safety across all modes and intermodally;

    Struck: "(II) the state of good repair of United States transportation infrastructure;

    Struck: "(III) the extent, connectivity, and condition of the transportation system, building on the national transportation atlas database developed under section 6310;

    Struck: "(IV) economic efficiency across the entire transportation sector;

    Struck: "(V) the effects of the transportation system on global and domestic economic competitiveness;

    Struck: "(VI) demographic, economic, and other variables influencing travel behavior, including choice of transportation mode and goods movement;

    Struck: "(VII) transportation-related variables that influence the domestic economy and global competitiveness;

    Struck: "(VIII) economic costs and impacts for passenger travel and freight movement;

    Struck: "(IX) intermodal and multimodal passenger movement;

    Struck: "(X) intermodal and multimodal freight movement; and

    Struck: "(XI) consequences of transportation for the human and natural environment;

    Struck: "(vii) build and disseminate the transportation layer of the National Spatial Data Infrastructure developed under Executive Order 12906 (59 Fed. Reg. 17671) (or a successor Executive Order), including by coordinating the development of transportation geospatial data standards, compiling intermodal geospatial data, and collecting geospatial data that is not being collected by other entities;

    Struck: "(viii) issue guidelines for the collection of information by the Department that the Director determines necessary to develop transportation statistics and carry out modeling, economic assessment, and program assessment activities to ensure that the information is accurate, reliable, relevant, uniform, and in a form that permits systematic analysis by the Department;

    Struck: "(ix) review and report to the Secretary on the sources and reliability of--

    Struck: "(I) the statistics proposed by the heads of the operating administrations of the Department to measure outputs and outcomes as required under the Government Performance and Results Act of 1993 (Public Law 103-62;107 Stat. 285); and

    Struck: "(II) at the request of the Secretary, any other data collected or statistical information published by the heads of the operating administrations of the Department; and

    Struck: "(x) ensure that the statistics published under this section are readily accessible to the public.

    Struck: "(c) Access to Federal Data.--In carrying out subsection (b)(3)(B)(ii), the Director shall be given access to all safety data that the Director determines necessary to carry out that subsection that is held by the Department or any other Federal agency.

    Struck: "Sec. 6303. Intermodal transportation database

    Struck: "(a) In General.--In consultation with the Under Secretary Transportation for Policy, the Assistant Secretaries of the Department, and the heads of the operating administrations of the Department, the Director shall establish and maintain a transportation database for all modes of transportation.

    Struck: "(b) Use.--The database shall be suitable for analyses carried out by the Federal Government, the States, and metropolitan planning organizations.

    Struck: "(c) Contents.--The database shall include--

    Struck: "(1) information on the volumes and patterns of movement of goods, including local, interregional, and international movement, by all modes of transportation, intermodal combination, and relevant classification;

    Struck: "(2) information on the volumes and patterns of movement of people, including local, interregional, and international movements, by all modes of transportation (including bicycle and pedestrian modes), intermodal combination, and relevant classification;

    Struck: "(3) information on the location and connectivity of transportation facilities and services; and

    Struck: "(4) a national accounting of expenditures and capital stocks on each mode of transportation and intermodal combination.

    Struck: "Sec. 6304. National transportation library

    Struck: "(a) Purpose and Establishment.--To support the information management and decisionmaking needs of transportation officials at the Federal, State, and local levels, there is established in the Bureau of Transportation Statistics a National Transportation Library that shall--

    Struck: "(1) be headed by an individual who is highly qualified in library and information science;

    Struck: "(2) acquire, preserve, and manage transportation information and information products and services for use by the Department, other Federal agencies, and the general public;

    Struck: "(3) provide reference and research assistance;

    Struck: "(4) serve as a central depository for research results and technical publications of the Department;

    Struck: "(5) provide a central clearinghouse for transportation data and information of the Federal Government;

    Struck: "(6) serve as coordinator and policy lead for transportation information access;

    Struck: "(7) provide transportation information and information products and services to--

    Struck: "(A) the Department;

    Struck: "(B) other Federal agencies;

    Struck: "(C) public and private organizations; and

    Struck: "(D) individuals, within the United States as well as internationally;

    Struck: "(8) coordinate efforts among, and cooperate with, transportation libraries, information providers, and technical assistance centers, with the goal of developing a comprehensive transportation information and knowledge network that supports the activities described in section 6302(b)(3)(B); and

    Struck: "(9) engage in such other activities as the Director determines to be necessary and as the resources of the Library permit.

    Struck: "(b) Access.--The Director shall publicize, facilitate, and promote access to the information products and services described in subsection (a), with the goal of improving the ability of the transportation community to share information and the ability of the Director to make statistics and other information readily accessible as required under section 6302(b)(3)(B)(x).

    Struck: "(c) Agreements.--

    Struck: "(1) In general.--To carry out this section, the Director may enter into agreements with, provide grants to, and receive amounts from, any--

    Struck: "(A) State or local government;

    Struck: "(B) organization;

    Struck: "(C) business; or

    Struck: "(D) individual.

    Struck: "(2) Contracts, grants, and agreements.--The Library may initiate and support specific information and data management, access, and exchange activities relating to the strategic goals of the Department, knowledge networking, and national and international cooperation, by entering into contracts or other agreements or providing grants.

    Struck: "(3) Amounts.--Any amounts received by the Library as payment for library products and services or other activities shall be made available to the Director to carry out this section and remain available until expended.

    Struck: "Sec. 6305. Advisory council on transportation statistics

    Struck: "(a) In General.--The Director shall establish and consult with an advisory council on transportation statistics.

    Struck: "(b) Function.--The function of the advisory council established under this subsection is to advise the Director on--

    Struck: "(1) the quality, reliability, consistency, objectivity, and relevance of transportation statistics and analyses collected, supported, or disseminated by the Bureau and the Department; and

    Struck: "(2) methods to encourage cooperation and interoperability of transportation data collected by the Bureau, the operating administrations of the Department, States, local governments, metropolitan planning organizations, and private sector entities.

    Struck: "(c) Membership.--The advisory council shall be composed of not fewer than 9 and not more than 11 members appointed by the Director, who shall not be officers or employees of the United States.

    Struck: "(d) Terms of Appointment.--

    Struck: "(1) In general.--Except as provided in paragraph (2), members of the advisory council shall be appointed to staggered terms not to exceed 3 years.

    Struck: "(2) Additional terms.--A member may be renominated for 1 additional 3-year term.

    Struck: "(3) Previous members.--A member serving on an advisory council on transportation statistics on the day before the date of enactment of the MAP-21 shall serve until the end of the appointed term of the member.

    Struck: "(e) Applicability of Federal Advisory Committee Act.--The Federal Advisory Committee Act (5 U.S.C. App.) shall apply to the advisory council established under this section, except that section 14 of that Act shall not apply.

    Struck: "Sec. 6306. Transportation statistical collection, analysis, and dissemination "To ensure that all transportation statistical collection, analysis, and dissemination is carried out in a coordinated manner, the Director may--

    Struck: "(1) use the services, equipment, records, personnel, information, and facilities of other Federal agencies, or State, local, and private agencies and instrumentalities, subject to the conditions that the applicable agency or instrumentality consents to that use;

    Struck: "(2) enter into agreements with the agencies and instrumentalities described in paragraph (1) for purposes of data collection and analysis;

    Struck: "(3) confer and cooperate with foreign governments, international organizations, and State, municipal, and other local agencies;

    Struck: "(4) request such information, data, and reports from any Federal agency as the Director determines necessary to carry out this chapter;

    Struck: "(5) encourage replication, coordination, and sharing of information among transportation agencies regarding information systems, information policy, and data; and

    Struck: "(6) confer and cooperate with Federal statistical agencies as the Director determines necessary to carry out this chapter, including by entering into cooperative data sharing agreements in conformity with all laws and regulations applicable to the disclosure and use of data.

    Struck: "Sec. 6307. Furnishing of information, data, or reports by Federal agencies

    Struck: "(a) In General.--Except as provided in subsection (b), a Federal agency requested to furnish information, data, or reports by the Director under section 6302(b)(3)(B) shall provide the information to the Director.

    Struck: "(b) Prohibition on Certain Disclosures.--

    Struck: "(1) In general.--An officer, employee, or contractor of the Bureau may not--

    Struck: "(A) make any disclosure in which the data provided by an individual or organization under section 6302(b)(3)(B) can be identified;

    Struck: "(B) use the information provided under section 6302(b)(3)(B) for a nonstatistical purpose; or

    Struck: "(C) permit anyone other than an individual authorized by the Director to examine any individual report provided under section 6302(b)(3)(B).

    Struck: "(2) Copies of reports.--

    Struck: "(A) In general.--No department, bureau, agency, officer, or employee of the United States (except the Director in carrying out this chapter) may require, for any reason, a copy of any report that has been filed under section 6302(b)(3)(B) with the Bureau or retained by an individual respondent.

    Struck: "(B) Limitation on judicial proceedings.--A copy of a report described in subparagraph (A) that has been retained by an individual respondent or filed with the Bureau or any of the employees, contractors, or agents of the Bureau--

    Struck: "(i) shall be immune from legal process; and

    Struck: "(ii) shall not, without the consent of the individual concerned, be admitted as evidence or used for any purpose in any action, suit, or other judicial or administrative proceedings.

    Struck: "(C) Applicability.--This paragraph shall apply only to reports that permit information concerning an individual or organization to be reasonably determined by direct or indirect means.

    Struck: "(3) Informing respondent of use of data.--If the Bureau is authorized by statute to collect data or information for a nonstatistical purpose, the Director shall clearly distinguish the collection of the data or information, by rule and on the collection instrument, in a manner that informs the respondent who is requested or required to supply the data or information of the nonstatistical purpose.

    Struck: "(c) Transportation and Transportation-related Data Access.-- Except as expressly prohibited by law, the Director shall have access to any transportation and transportation-related information in the possession of any Federal agency.

    Struck: "Sec. 6308. Proceeds of data product sales "Notwithstanding section 3302 of title 31, amounts received by the Bureau from the sale of data products for necessary expenses incurred may be credited to the Highway Trust Fund (other than the Mass Transit Account) for the purpose of reimbursing the Bureau for those expenses.

    Struck: "Sec. 6309. Information collection "As the head of an independent Federal statistical agency, the Director may consult directly with the Office of Management and Budget concerning any survey, questionnaire, or interview that the Director considers necessary to carry out the statistical responsibilities of this chapter.

    Struck: "Sec. 6310. National transportation atlas database

    Struck: "(a) In General.--The Director shall develop and maintain a national transportation atlas database that is comprised of geospatial databases that depict--

    Struck: "(1) transportation networks;

    Struck: "(2) flows of people, goods, vehicles, and craft over the transportation networks; and

    Struck: "(3) social, economic, and environmental conditions that affect or are affected by the transportation networks.

    Struck: "(b) Intermodal Network Analysis.--The databases referred to in subsection (a) shall be capable of supporting intermodal network analysis.

    Struck: "Sec. 6311. Limitations on statutory construction "Nothing in this chapter--

    Struck: "(1) authorizes the Bureau to require any other Federal agency to collect data; or

    Struck: "(2) alters or diminishes the authority of any other officer of the Department to collect and disseminate data independently.

    Struck: "Sec. 6312. Research and development grants "The Secretary may make grants to, or enter into cooperative agreements or contracts with, public and nonprofit private entities (including State transportation departments, metropolitan planning organizations, and institutions of higher education) for--

    Struck: "(1) investigation of the subjects described in section 6302(b)(3)(B)(vi);

    Struck: "(2) research and development of new methods of data collection, standardization, management, integration, dissemination, interpretation, and analysis;

    Struck: "(3) demonstration programs by States, local governments, and metropolitan planning organizations to coordinate data collection, reporting, management, storage, and archiving to simplify data comparisons across jurisdictions;

    Struck: "(4) development of electronic clearinghouses of transportation data and related information, as part of the Library; and

    Struck: "(5) development and improvement of methods for sharing geographic data, in support of the database under section 6310 and the National Spatial Data Infrastructure developed under Executive Order 12906 (59 Fed. Reg. 17671) (or a successor Executive Order).

    Struck: "Sec. 6313. Transportation statistics annual report "The Director shall submit to the President and Congress a transportation statistics annual report, which shall include--

    Struck: "(1) information on the progress of the Director in carrying out the duties described in section 6302(b)(3)(B);

    Struck: "(2) documentation of the methods used to obtain and ensure the quality of the statistics presented in the report; and

    Struck: "(3) any recommendations of the Director for improving transportation statistical information.

    Struck: "Sec. 6314. Mandatory response authority for freight data collection. " In General</DELETED>.-- "(a) Freight Data Collection.--

    Struck: "(1) In general.--An owner, official, agent, person in charge, or assistant to the person in charge of a freight corporation, company, business, institution, establishment, or organization described in paragraph (2) shall be fined in accordance with subsection (b) if that individual neglects or refuses, when requested by the Director or other authorized officer, employee, or contractor of the Bureau to submit data under section 6302(b)(3)(B)--

    Struck: "(A) to answer completely and correctly to the best knowledge of that individual all questions relating to the corporation, company, business, institution, establishment, or other organization; or

    Struck: "(B) to make available records or statistics in the official custody of the individual.

    Struck: "(2) Description of entities.--A freight corporation, company, business, institution, establishment, or organization referred to in paragraph (1) is a corporation, company, business, institution, establishment, or organization that--

    Struck: "(A) receives Federal funds relating to the freight program; and

    Struck: "(B) has consented to be subject to a fine under this subsection on--

    Struck: "(i) refusal to supply any data requested; or

    Struck: "(ii) failure to respond to a written request.

    Struck: "(b) Fines.--

    Struck: "(1) In general.--Subject to paragraph (2), an individual described in subsection (a) shall be fined not more than $500.

    Struck: "(2) Willful actions.--If an individual willfully gives a false answer to a question described in subsection (a)(1), the individual shall be fined not more than $10,000.".

    Struck: (b) Rules of Construction.--If the provisions of section 111 of title 49, United States Code, are transferred to chapter 63 of that title, the following rules of construction apply:

    Struck: (1) For purposes of determining whether 1 provision of law supersedes another based on enactment later in time, a chapter 63 provision is deemed to have been enacted on the date of enactment of the corresponding section 111 provision.

    Struck: (2) A reference to a section 111 provision, including a reference in a regulation, order, or other law, is deemed to refer to the corresponding chapter 63 provision.

    Struck: (3) A regulation, order, or other administrative action in effect under a section 111 provision continues in effect under the corresponding chapter 63 provision.

    Struck: (4) An action taken or an offense committed under a section 111 provision is deemed to have been taken or committed under the corresponding chapter 63 provision.

    Struck: (c) Conforming Amendments.--

    Struck: (1) Repeal.--Section 111 of title 49, United States Code, is repealed, and the item relating to section 111 in the analysis of chapter 1 of that title is deleted.

    Struck: (2) Analysis of subtitle iii.--The analysis for subtitle III of title 49, United States Code, is amended by inserting after the items for chapter 61 the following:

    Struck: "Chapter 63. Bureau of Transportation Statistics........... ".

    Struck: SEC. 2211. ADMINISTRATIVE AUTHORITY.

    Struck: Section 112 of title 49, United States Code, is amended by adding at the end the following:

    Struck: "(f) Promotional Authority.--Amounts authorized to be appropriated for the administration and operation of the Research and Innovative Technology Administration may be used to purchase promotional items of nominal value for use by the Administrator of the Research and Innovative Technology Administration in the recruitment of individuals and promotion of the programs of the Administration.

    Struck: "(g) Program Evaluation and Oversight.--For each of fiscal years 2012 and 2013, the Administrator may expend not more than 1\1/2\ percent of the amounts authorized to be appropriated for the administration and operation of the Research and Innovative Technology Administration to carry out the coordination, evaluation, and oversight of the programs administered by the Administration.

    Struck: "(h) Collaborative Research and Development.--

    Struck: "(1) In general.--To encourage innovative solutions to multimodal transportation problems and stimulate the deployment of new technology, the Administrator may carry out, on a cost- shared basis, collaborative research and development with--

    Struck: "(A) non-Federal entities, including State and local governments, foreign governments, institutions of higher education, corporations, institutions, partnerships, sole proprietorships, and trade associations that are incorporated or established under the laws of any State;

    Struck: "(B) Federal laboratories; and

    Struck: "(C) other Federal agencies.

    Struck: "(2) Cooperation, grants, contracts, and agreements.-- Notwithstanding any other provision of law, the Administrator may directly initiate contracts, grants, cooperative research and development agreements (as defined in section 12 of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3710a)), and other agreements to fund, and accept funds from, the Transportation Research Board of the National Research Council of the National Academy of Sciences, State departments of transportation, cities, counties, institutions of higher education, associations, and the agents of those entities to carry out joint transportation research and technology efforts.

    Struck: "(3) Federal share.--

    Struck: "(A) In general.--Subject to subparagraph (B), the Federal share of the cost of an activity carried out under paragraph (2) shall not exceed 50 percent.

    Struck: "(B) Exception.--If the Secretary determines that the activity is of substantial public interest or benefit, the Secretary may approve a greater Federal share.

    Struck: "(C) Non-federal share.--All costs directly incurred by the non-Federal partners, including personnel, travel, facility, and hardware development costs, shall be credited toward the non-Federal share of the cost of an activity described in subparagraph (A).

    Struck: "(4) Use of technology.--The research, development, or use of a technology under a contract, grant, cooperative research and development agreement, or other agreement entered into under this subsection, including the terms under which the technology may be licensed and the resulting royalties may be distributed, shall be subject to the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3701 et seq.).

    Struck: "(5) Waiver of advertising requirements.--Section 3709 of the Revised Statutes (41 U.S.C. 5) shall not apply to a contract, grant, or other agreement entered into under this section.".

    Struck: SEC. 2212. TRANSPORTATION RESEARCH AND DEVELOPMENT STRATEGIC PLANNING.

    Struck: Section 508(a)(2) of title 23, United States Code, is amended by striking subparagraph (A) and inserting the following:

    Struck: "(A) describe the primary purposes of the transportation research and development program, which shall include, at a minimum--

    Struck: "(i) promoting safety;

    Struck: "(ii) reducing congestion and improving mobility;

    Struck: "(iii) protecting and enhancing the environment;

    Struck: "(iv) preserving the existing transportation system;

    Struck: "(v) improving the durability and extending the life of transportation infrastructure; and

    Struck: "(vi) improving goods movement;".

    Struck: SEC. 2213. NATIONAL ELECTRONIC VEHICLE CORRIDORS AND RECHARGING INFRASTRUCTURE NETWORK.

    Struck: (a) In General.--Not later than 1 year after the date of enactment of this Act, the Secretary shall establish a stakeholder-driven process to develop a plan and map of a potential national network of electric vehicle corridors and recharging infrastructure.

    Struck: (b) Requirements.--The plan under subsection (a) shall--

    Struck: (1) project the near- and long-term need for and location of electric vehicle refueling infrastructure at strategic locations across all major national highways, roads, and corridors;

    Struck: (2) identify infrastructure and standardization needs for electricity providers, infrastructure providers, vehicle manufacturers, and electricity purchasers; and

    Struck: (3) establish an aspirational goal of achieving strategic deployment of electric vehicle infrastructure by 2020.

    Struck: (c) Stakeholders.--In developing the plan under subsection (a), the Secretary shall involve, on a voluntary basis, stakeholders that include--

    Struck: (1) the heads of other Federal agencies;

    Struck: (2) State and local officials;

    Struck: (3) representatives of--

    Struck: (A) energy utilities;

    Struck: (B) the vehicles industry;

    Struck: (C) the freight and shipping industry;

    Struck: (D) clean technology firms;

    Struck: (E) the hospitality industry;

    Struck: (F) the restaurant industry; and

    Struck: (G) highway rest stop vendors; and

    Struck: (4) such other stakeholders as the Secretary determines to be necessary.

    Struck: Subtitle C-- Intelligent Transportation Systems Research

    Struck: SEC. 2301. USE OF FUNDS FOR ITS ACTIVITIES.

    Struck: Section 513 of title 23, United States Code, is amended to read as follows:

    Struck: "Sec. 513. Use of funds for ITS activities.

    Struck: "(a) Definitions.--In this section, the following definitions apply:

    Struck: "(1) Eligible entity.--The term 'eligible entity' means a State or local government, tribal government, transit agency, public toll authority, metropolitan planning organization, other political subdivision of a State or local government, or a multistate or multijurisdictional group applying through a single lead applicant.

    Struck: "(2) Multijurisdictional group.--The term 'multijurisdictional group' means a combination of State governments, local governments, metropolitan planning agencies, transit agencies, or other political subdivisions of a State that--

    Struck: "(A) have signed a written agreement to implement an activity that meets the grant criteria under this section; and

    Struck: "(B) is comprised of at least 2 members, each of whom is an eligible entity.

    Struck: "(b) Purpose.--The purpose of this section is to develop, administer, communicate, and promote the use of products of research, technology, and technology transfer programs.

    Struck: "(c) ITS Deployment Incentives.--

    Struck: "(1) In general.--The Secretary may--

    Struck: "(A) develop and implement incentives to accelerate deployment of ITS technologies and services within all funding programs authorized by the MAP-21; and

    Struck: "(B) for each fiscal year, use amounts made available to the Secretary to carry out intelligent transportation systems outreach, including through the use of websites, public relations, displays, tours, and brochures.

    Struck: "(2) Comprehensive plan.--To carry out this section, the Secretary shall develop a detailed and comprehensive plan that addresses the manner in which incentives may be adopted through the existing deployment activities carried out by surface transportation modal administrations.

    Struck: "(d) System Operations and ITS Deployment Grant Program.--

    Struck: "(1) Establishment.--The Secretary shall establish a competitive grant program to accelerate the deployment, operation, systems management, intermodal integration, and interoperability of the ITS program and ITS-enabled operational strategies--

    Struck: "(A) to measure and improve the performance of the surface transportation system;

    Struck: "(B) to reduce traffic congestion and the economic and environmental impacts of traffic congestion;

    Struck: "(C) to minimize fatalities and injuries;

    Struck: "(D) to enhance mobility of people and goods;

    Struck: "(E) to improve traveler information and services; and

    Struck: "(F) to optimize existing roadway capacity.

    Struck: "(2) Application.--To be considered for a grant under this subsection, an eligible entity shall submit an application to the Secretary that includes--

    Struck: "(A) a plan to deploy and provide for the long- term operation and maintenance of intelligent transportation systems to improve safety, efficiency, system performance, and return on investment, such as--

    Struck: "(i) real-time integrated traffic, transit, and multimodal transportation information;

    Struck: "(ii) advanced traffic, freight, parking, and incident management systems;

    Struck: "(iii) advanced technologies to improve transit and commercial vehicle operations;

    Struck: "(iv) synchronized, adaptive, and transit preferential traffic signals;

    Struck: "(v) advanced infrastructure condition assessment technologies; and

    Struck: "(vi) other technologies to improve system operations, including ITS applications necessary for multimodal systems integration and for achieving performance goals;

    Struck: "(B) quantifiable system performance improvements, including--

    Struck: "(i) reductions in traffic-related crashes, congestion, and costs;

    Struck: "(ii) optimization of system efficiency; and

    Struck: "(iii) improvement of access to transportation services;

    Struck: "(C) quantifiable safety, mobility, and environmental benefit projections, including data driven estimates of the manner in which the project will improve the transportation system efficiency and reduce traffic congestion in the region;

    Struck: "(D) a plan for partnering with the private sector, including telecommunications industries and public service utilities, public agencies (including multimodal and multijurisdictional entities), research institutions, organizations representing transportation and technology leaders, and other transportation stakeholders;

    Struck: "(E) a plan to leverage and optimize existing local and regional ITS investments; and

    Struck: "(F) a plan to ensure interoperability of deployed technologies with other tolling, traffic management, and intelligent transportation systems.

    Struck: "(3) Selection.--

    Struck: "(A) In general.--Not later than 1 year after the date of enactment of the MAP-21, the Secretary may provide grants to eligible entities under this section.

    Struck: "(B) Geographic diversity.--In awarding a grant under this section, the Secretary shall ensure, to the maximum extent practicable, that grant recipients represent diverse geographical areas of the United States, including urban, suburban, and rural areas.

    Struck: "(C) Non-federal share.--In awarding a grant under the section, the Secretary shall give priority to grant recipients that demonstrate an ability to contribute a significant non-Federal share to the cost of carrying out the project for which the grant is received.

    Struck: "(4) Eligible uses.--Projects for which grants awarded under this section may be used include--

    Struck: "(A) the establishment and implementation of ITS and ITS-enabled operations strategies that improve performance in the areas of--

    Struck: "(i) traffic operations;

    Struck: "(ii) emergency response to surface transportation incidents;

    Struck: "(iii) incident management;

    Struck: "(iv) transit and commercial vehicle operations improvements;

    Struck: "(v) weather event response management by State and local authorities;

    Struck: "(vi) surface transportation network and facility management;

    Struck: "(vii) construction and work zone management;

    Struck: "(viii) traffic flow information;

    Struck: "(ix) freight management; and

    Struck: "(x) congestion management;

    Struck: "(B) carrying out activities that support the creation of networks that link metropolitan and rural surface transportation systems into an integrated data network, capable of collecting, sharing, and archiving transportation system traffic condition and performance information;

    Struck: "(C) the implementation of intelligent transportation systems and technologies that improve highway safety through information and communications systems linking vehicles, infrastructure, mobile devices, transportation users, and emergency responders;

    Struck: "(D) the provision of services necessary to ensure the efficient operation and management of ITS infrastructure, including costs associated with communications, utilities, rent, hardware, software, labor, administrative costs, training, and technical services;

    Struck: "(E) the provision of support for the establishment and maintenance of institutional relationships between transportation agencies, police, emergency medical services, private emergency operators, freight operators, shippers, public service utilities, and telecommunications providers;

    Struck: "(F) carrying out multimodal and crossjurisdictional planning and deployment of regional transportation systems operations and management approaches; and

    Struck: "(G) performing project evaluations to determine the costs, benefits, lessons learned, and future deployment strategies associated with the deployment of intelligent transportation systems.

    Struck: "(5) Report to secretary.--For each fiscal year that an eligible entity receives a grant under this section, not later than 1 year after receiving that grant, each recipient shall submit a report to the Secretary that describes how the project has met the expectations projected in the deployment plan submitted with the application, including--

    Struck: "(A) data on how the program has helped reduce traffic crashes, congestion, costs, and other benefits of the deployed systems;

    Struck: "(B) data on the effect of measuring and improving transportation system performance through the deployment of advanced technologies;

    Struck: "(C) the effectiveness of providing real-time integrated traffic, transit, and multimodal transportation information to the public that allows the public to make informed travel decisions; and

    Struck: "(D) lessons learned and recommendations for future deployment strategies to optimize transportation efficiency and multimodal system performance.

    Struck: "(6) Report to congress.--Not later than 2 years after date on which the first grant is awarded under this section and annually thereafter for each fiscal year for which grants are awarded under this section, the Secretary shall submit to Congress a report that describes the effectiveness of the grant recipients in meeting the projected deployment plan goals, including data on how the grant program has--

    Struck: "(A) reduced traffic-related fatalities and injuries;

    Struck: "(B) reduced traffic congestion and improved travel time reliability;

    Struck: "(C) reduced transportation-related emissions;

    Struck: "(D) optimized multimodal system performance;

    Struck: "(E) improved access to transportation alternatives;

    Struck: "(F) provided the public with access to real-time integrated traffic, transit, and multimodal transportation information to make informed travel decisions;

    Struck: "(G) provided cost savings to transportation agencies, businesses, and the traveling public; and

    Struck: "(H) provided other benefits to transportation users and the general public.

    Struck: "(7) Additional grants.--If the Secretary determines, based on a report submitted under paragraph (5), that a grant recipient is not complying with the established grant criteria, the Secretary may--

    Struck: "(A) cease payment to the recipient of any remaining grant amounts; and

    Struck: "(B) redistribute any remaining amounts to other eligible entities under this section.

    Struck: "(8) Non-federal share.--The Federal share of a grant under this section shall not exceed 50 percent of the cost of the project.

    Struck: "(9) Grant limitation.--The Secretary may not award more than 10 percent of the amounts provided under this section to a single grant recipient in any fiscal year.

    Struck: "(10) Multiyear grants.--Subject to availability of amounts, the Secretary may provide an eligible entity with grant amounts for a period of multiple fiscal years.

    Struck: "(11) Funding.--Of the funds authorized to be appropriated to carry out the intelligent transportation system program under sections 512 through 518, not less than 50 percent of such funds shall be used to carry out this subsection.".

    Struck: SEC. 2302. GOALS AND PURPOSES.

    Struck: (a) In General.--Chapter 5 of title 23, United States Code, is amended by adding after section 513 the following:

    Struck: "Sec. 514. Goals and purposes

    Struck: "(a) Goals.--The goals of the intelligent transportation system program include--

    Struck: "(1) enhancement of surface transportation efficiency and facilitation of intermodalism and international trade to enable existing facilities to meet a significant portion of future transportation needs, including public access to employment, goods, and services and to reduce regulatory, financial, and other transaction costs to public agencies and system users;

    Struck: "(2) achievement of national transportation safety goals, including enhancement of safe operation of motor vehicles and nonmotorized vehicles and improved emergency response to collisions, with particular emphasis on decreasing the number and severity of collisions;

    Struck: "(3) protection and enhancement of the natural environment and communities affected by surface transportation, with particular emphasis on assisting State and local governments to achieve national environmental goals;

    Struck: "(4) accommodation of the needs of all users of surface transportation systems, including operators of commercial motor vehicles, passenger motor vehicles, motorcycles, bicycles, and pedestrians (including individuals with disabilities); and

    Struck: "(5) enhancement of national defense mobility and improvement of the ability of the United States to respond to security-related or other manmade emergencies and natural disasters.

    Struck: "(b) Purposes.--The Secretary shall implement activities under the intelligent transportation system program, at a minimum--

    Struck: "(1) to expedite, in both metropolitan and rural areas, deployment and integration of intelligent transportation systems for consumers of passenger and freight transportation;

    Struck: "(2) to ensure that Federal, State, and local transportation officials have adequate knowledge of intelligent transportation systems for consideration in the transportation planning process;

    Struck: "(3) to improve regional cooperation and operations planning for effective intelligent transportation system deployment;

    Struck: "(4) to promote the innovative use of private resources in support of intelligent transportation system development;

    Struck: "(5) to facilitate, in cooperation with the motor vehicle industry, the introduction of vehicle-based safety enhancing systems;

    Struck: "(6) to support the application of intelligent transportation systems that increase the safety and efficiency of commercial motor vehicle operations;

    Struck: "(7) to develop a workforce capable of developing, operating, and maintaining intelligent transportation systems;

    Struck: "(8) to provide continuing support for operations and maintenance of intelligent transportation systems; and

    Struck: "(9) to ensure a systems approach that includes cooperation among vehicles, infrastructure, and users.".

    Struck: (b) Conforming Amendment.--The analysis for chapter 5 of title 23, United States Code, is amended by adding after the item relating to section 513 the following:

    Struck: "514. Goals and purposes.".

    Struck: SEC. 2303. GENERAL AUTHORITIES AND REQUIREMENTS.

    Struck: (a) In General.--Chapter 5 of title 23, United States Code, is amended by adding after section 514 (as added by section 2302) the following:

    Struck: "Sec. 515. General authorities and requirements

    Struck: "(a) Scope.--Subject to the provisions of this chapter, the Secretary shall conduct an ongoing intelligent transportation system program--

    Struck: "(1) to research, develop, and operationally test intelligent transportation systems; and

    Struck: "(2) to provide technical assistance in the nationwide application of those systems as a component of the surface transportation systems of the United States.

    Struck: "(b) Policy.--Intelligent transportation system research projects and operational tests funded pursuant to this chapter shall encourage and not displace public-private partnerships or private sector investment in those tests and projects.

    Struck: "(c) Cooperation With Governmental, Private, and Educational Entities.--The Secretary shall carry out the intelligent transportation system program in cooperation with State and local governments and other public entities, the private sector firms of the United States, the Federal laboratories, and institutions of higher education, including historically Black colleges and universities and other minority institutions of higher education.

    Struck: "(d) Consultation With Federal Officials.--In carrying out the intelligent transportation system program, the Secretary shall consult with the heads of other Federal agencies, as appropriate.

    Struck: "(e) Technical Assistance, Training, and Information.--The Secretary may provide technical assistance, training, and information to State and local governments seeking to implement, operate, maintain, or evaluate intelligent transportation system technologies and services.

    Struck: "(f) Transportation Planning.--The Secretary may provide funding to support adequate consideration of transportation systems management and operations, including intelligent transportation systems, within metropolitan and statewide transportation planning processes.

    Struck: "(g) Information Clearinghouse.--

    Struck: "(1) In general.--The Secretary shall--

    Struck: "(A) maintain a repository for technical and safety data collected as a result of federally sponsored projects carried out under this chapter; and

    Struck: "(B) make, on request, that information (except for proprietary information and data) readily available to all users of the repository at an appropriate cost.

    Struck: "(2) Agreement.--

    Struck: "(A) In general.--The Secretary may enter into an agreement with a third party for the maintenance of the repository for technical and safety data under paragraph (1)(A).

    Struck: "(B) Federal financial assistance.--If the Secretary enters into an agreement with an entity for the maintenance of the repository, the entity shall be eligible for Federal financial assistance under this section.

    Struck: "(3) Availability of information.--Information in the repository shall not be subject to sections 552 and 555 of title 5, United States Code.

    Struck: "(h) Advisory Committee.--

    Struck: "(1) In general.--The Secretary shall establish an Advisory Committee to advise the Secretary on carrying out this chapter.

    Struck: "(2) Membership.--The Advisory Committee shall have no more than 20 members, be balanced between metropolitan and rural interests, and include, at a minimum--

    Struck: "(A) a representative from a State highway department;

    Struck: "(B) a representative from a local highway department who is not from a metropolitan planning organization;

    Struck: "(C) a representative from a State, local, or regional transit agency;

    Struck: "(D) a representative from a metropolitan planning organization;

    Struck: "(E) a private sector user of intelligent transportation system technologies;

    Struck: "(F) an academic researcher with expertise in computer science or another information science field related to intelligent transportation systems, and who is not an expert on transportation issues;

    Struck: "(G) an academic researcher who is a civil engineer;

    Struck: "(H) an academic researcher who is a social scientist with expertise in transportation issues;

    Struck: "(I) a representative from a nonprofit group representing the intelligent transportation system industry;

    Struck: "(J) a representative from a public interest group concerned with safety;

    Struck: "(K) a representative from a public interest group concerned with the impact of the transportation system on land use and residential patterns; and

    Struck: "(L) members with expertise in planning, safety, telecommunications, utilities, and operations.

    Struck: "(3) Duties.--The Advisory Committee shall, at a minimum, perform the following duties:

    Struck: "(A) Provide input into the development of the intelligent transportation system aspects of the strategic plan under section 508.

    Struck: "(B) Review, at least annually, areas of intelligent transportation systems research being considered for funding by the Department, to determine--

    Struck: "(i) whether these activities are likely to advance either the state-of-the-practice or state-of-the-art in intelligent transportation systems;

    Struck: "(ii) whether the intelligent transportation system technologies are likely to be deployed by users, and if not, to determine the barriers to deployment; and

    Struck: "(iii) the appropriate roles for government and the private sector in investing in the research and technologies being considered.

    Struck: "(4) Report.--Not later than February 1 of each year after the date of enactment of the MAP-21, the Secretary shall submit to Congress a report that includes--

    Struck: "(A) all recommendations made by the Advisory Committee during the preceding calendar year;

    Struck: "(B) an explanation of the manner in which the Secretary has implemented those recommendations; and

    Struck: "(C) for recommendations not implemented, the reasons for rejecting the recommendations.

    Struck: "(5) Applicability of federal advisory committee act.--The Advisory Committee shall be subject to the Federal Advisory Committee Act (5 U.S.C. App.).

    Struck: "(i) Reporting.--

    Struck: "(1) Guidelines and requirements.--

    Struck: "(A) In general.--The Secretary shall issue guidelines and requirements for the reporting and evaluation of operational tests and deployment projects carried out under this chapter.

    Struck: "(B) Objectivity and independence.--The guidelines and requirements issued under subparagraph (A) shall include provisions to ensure the objectivity and independence of the reporting entity so as to avoid any real or apparent conflict of interest or potential influence on the outcome by parties to any such test or deployment project or by any other formal evaluation carried out under this chapter.

    Struck: "(C) Funding.--The guidelines and requirements issued under subparagraph (A) shall establish reporting funding levels based on the size and scope of each test or project that ensure adequate reporting of the results of the test or project.

    Struck: "(2) Special rule.--Any survey, questionnaire, or interview that the Secretary considers necessary to carry out the reporting of any test, deployment project, or program assessment activity under this chapter shall not be subject to chapter 35 of title 44, United States Code.".

    Struck: (b) Conforming Amendment.--The analysis for chapter 5 of title 23, United States Code, is amended by adding after the item relating to section 514 (as added by section 2302) the following:

    Struck: "515. General authorities and requirements.".

    Struck: SEC. 2304. RESEARCH AND DEVELOPMENT.

    Struck: (a) In General.--Chapter 5 of title 23, United States Code, is amended by adding after section 515 (as added by section 2303) the following:

    Struck: "Sec. 516. Research and development

    Struck: "(a) In General.--The Secretary shall carry out a comprehensive program of intelligent transportation system research and development, and operational tests of intelligent vehicles, intelligent infrastructure systems, and other similar activities that are necessary to carry out this chapter.

    Struck: "(b) Priority Areas.--Under the program, the Secretary shall give higher priority to funding projects that--

    Struck: "(1) enhance mobility and productivity through improved traffic management, incident management, transit management, freight management, road weather management, toll collection, traveler information, or highway operations systems and remote sensing products;

    Struck: "(2) use interdisciplinary approaches to develop traffic management strategies and tools to address multiple impacts of congestion concurrently;

    Struck: "(3) address traffic management, incident management, transit management, toll collection traveler information, or highway operations systems;

    Struck: "(4) incorporate research on the impact of environmental, weather, and natural conditions on intelligent transportation systems, including the effects of cold climates;

    Struck: "(5) enhance intermodal use of intelligent transportation systems for diverse groups, including for emergency and health- related services;

    Struck: "(6) enhance safety through improved crash avoidance and protection, crash and other notification, commercial motor vehicle operations, and infrastructure-based or cooperative safety systems; or

    Struck: "(7) facilitate the integration of intelligent infrastructure, vehicle, and control technologies.

    Struck: "(c) Federal Share.--The Federal share payable on account of any project or activity carried out under subsection (a) shall not exceed 80 percent.".

    Struck: (b) Conforming Amendment.--The analysis for chapter 5 of title 23, United States Code, is amended by adding after the item relating to section 515 (as added by section 2304) the following:

    Struck: "516. Research and development.".

    Struck: SEC. 2305. NATIONAL ARCHITECTURE AND STANDARDS.

    Struck: (a) In General.--Chapter 5 of title 23, United States Code, is amended by adding after section 516 (as added by section 2304) the following:

    Struck: "Sec. 517. National architecture and standards.

    Struck: "(a) In General.--

    Struck: "(1) Development, implementation, and maintenance.--In accordance with section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note; 110 Stat. 783; 115 Stat. 1241), the Secretary shall develop and maintain a national ITS architecture and supporting ITS standards and protocols to promote the use of systems engineering methods in the widespread deployment and evaluation of intelligent transportation systems as a component of the surface transportation systems of the United States.

    Struck: "(2) Interoperability and efficiency.--To the maximum extent practicable, the national ITS architecture and supporting ITS standards and protocols shall promote interoperability among, and efficiency of, intelligent transportation systems and technologies implemented throughout the United States.

    Struck: "(3) Use of standards development organizations.--In carrying out this section, the Secretary shall support the development and maintenance of standards and protocols using the services of such standards development organizations as the Secretary determines to be necessary and whose memberships are comprised of, and represent, the surface transportation and intelligent transportation systems industries.

    Struck: "(b) Standards for National Policy Implementation.--If the Secretary finds that a standard is necessary for implementation of a nationwide policy relating to user fee collection or other capability requiring nationwide uniformity, the Secretary, after consultation with stakeholders, may establish and require the use of that standard.

    Struck: "(c) Provisional Standards.--

    Struck: "(1) In general.--If the Secretary finds that the development or balloting of an intelligent transportation system standard jeopardizes the timely achievement of the objectives described in subsection (a), the Secretary may establish a provisional standard, after consultation with affected parties, using, to the maximum extent practicable, the work product of appropriate standards development organizations.

    Struck: "(2) Period of effectiveness.--A provisional standard established under paragraph (1) shall be published in the Federal Register and remain in effect until the appropriate standards development organization adopts and publishes a standard.

    Struck: "(d) Conformity With National Architecture.--

    Struck: "(1) In general.--Except as provided in paragraph (2), the Secretary shall ensure that intelligent transportation system projects carried out using amounts made available from the Highway Trust Fund, including amounts made available to deploy intelligent transportation systems, conform to the appropriate regional ITS architecture, applicable standards, and protocols developed under subsection (a) or (c).

    Struck: "(2) Discretion of the secretary.--The Secretary, at the discretion of the Secretary, may offer an exemption from paragraph (1) for projects designed to achieve specific research objectives outlined in the national intelligent transportation system program plan or the surface transportation research and development strategic plan developed under section 508.".

    Struck: (b) Conforming Amendment.--The analysis for chapter 5 of title 23, United States Code, is amended by adding after the item relating to section 516 (as added by section 2304) the following:

    Struck: "517. National architecture and standards.".

    Struck: SEC. 2306. 5.9 GHZ VEHICLE-TO-VEHICLE AND VEHICLE-TO-INFRASTRUCTURE COMMUNICATIONS SYSTEMS DEPLOYMENT.

    Struck: (a) In General.--Chapter 5 of title 23, United States Code, is amended by adding after section 517 (as added by section 2305) the following:

    Struck: "Sec. 518. 5.9 GHz vehicle-to-vehicle and vehicle-to-infrastructure communications systems deployment

    Struck: "(a) In General.--Not later than 3 years after the date of enactment of this section, the Secretary shall submit to the appropriate committees of Congress a report that--

    Struck: "(1) describes a recommended implementation path for dedicated short-range communications technology and applications; and

    Struck: "(2) includes guidance on the relationship of the proposed deployment of dedicated short-range communications to the National ITS Architecture and ITS Standards.

    Struck: "(b) National Research Council Review.--The Secretary shall enter into an agreement with the National Research Council for the review by the National Research Council of the report described in subsection (a).".

    Struck: (b) Conforming Amendment.--The analysis of chapter 5 of title 23, United States Code, is amended by adding after section 517 (as added by section 2305) the following:

    Struck: "518. 5.9 GHz vehicle-to-vehicle and vehicle-to-infrastructure communications systems deployment.".

    Original wording

    Strike titles II

Shown as written

and III of division D and insert the following:

TITLE II--REVENUE PROVISIONS SEC. 40201. TRANSFER FROM LEAKING UNDERGROUND STORAGE TANK TRUST FUND TO HIGHWAY TRUST FUND. (a) In General.--Subsection (c) of section 9508 of the Internal Revenue Code of 1986 is amended--

Read automatically from the Congressional Record. Check the original before relying on it.

As printed

SA 1713. Mr. HATCH submitted an amendment intended to be proposed by him to the bill S. 1813, to reauthorize Federal-aid highway and highway safety construction programs, and for other purposes; which was ordered to lie on the table; as follows:

Strike titles II and III of division D and insert the following:

TITLE II--REVENUE PROVISIONS

SEC. 40201. TRANSFER FROM LEAKING UNDERGROUND STORAGE TANK TRUST FUND TO HIGHWAY TRUST FUND.

(a) In General.--Subsection (c) of section 9508 of the Internal Revenue Code of 1986 is amended--

(1) by striking “Amounts” and inserting:

“(1) In general.--Except as provided in paragraph (2), amounts”, and

(2) by adding at the end the following new paragraph:

“(2) Transfer to highway trust fund.--Out of amounts in the Leaking Underground Storage Tank Trust Fund there is hereby appropriated $3,000,000,000 to be transferred under section 9503(f)(3) to the Highway Trust Fund.”.

(b) Transfer to Highway Trust Fund.--

(1) In general.--Subsection (f) of section 9503 of the Internal Revenue Code of 1986 is amended by inserting after paragraph (2) the following new paragraph:

“(3) Increase in fund balance.--There is hereby transferred to the Highway Trust Fund amounts appropriated from the Leaking Underground Storage Tank Trust Fund under section 9508(c)(2).”.

(2) Conforming amendments.--Paragraph (4) of section 9503(f) of such Code is amended--

(A) by inserting “or transferred” after “appropriated”, and

(B) by striking “appropriated” in the heading thereof.

SEC. 40202. PORTION OF LEAKING UNDERGROUND STORAGE TANK TRUST FUND FINANCING RATE TRANSFERRED TO HIGHWAY TRUST FUND.

(a) In General.--Subsection (b) of section 9503 of the Internal Revenue Code of 1986 is amended by inserting after paragraph (2) the following new paragraph:

“(3) Portion of leaking underground storage tank trust fund financing rate.--There are hereby appropriated to the Highway Trust Fund amounts equivalent to one-third of the taxes received in the Treasury under--

“(A) section 4041(d) (relating to additional taxes on motor fuels),

“(B) section 4081 (relating to tax on gasoline, diesel fuel, and kerosene) to the extent attributable to the Leaking Underground Storage Tank Trust Fund financing rate under such section, and

“(C) section 4042 (relating to tax on fuel used in commercial transportation on inland waterways) to the extent attributable to the Leaking Underground Storage Tank Trust Fund financing rate under such section.

For purposes of this paragraph, there shall not be taken into account the taxes imposed by sections 4041 and 4081 on diesel fuel sold for use or used as fuel in a diesel-powered boat.”.

(b) Conforming Amendments.--

(1) Paragraphs (1), (2), and (3) of section 9508(b) of the Internal Revenue Code of 1986 are each amended by inserting “two-thirds of the” before “taxes”.

(2) Paragraph (4) of section 9503(b) of such Code is amended by striking subparagraphs (A) and (B) and by redesignating subparagraphs (C) and (D) as subparagraphs (A) and (B), respectively.

(c) Effective Date.--The amendments made by this section shall apply to taxes received after the date of the enactment of this Act.

SEC. 40203. INTERNAL REVENUE SERVICE LEVIES AND THRIFT SAVINGS PLAN ACCOUNTS.

Section 8437(e)(3) of title 5, United States Code, is amended by inserting “, the enforcement of a Federal tax levy as provided in section 6331 of the Internal Revenue Code of 1986,” after “(42 U.S.C. 659)”.

SEC. 40204. RESCISSION OF FUNDS FOR THE ADVANCED TECHNOLOGY VEHICLES MANUFACTURING INCENTIVE PROGRAM.

Effective on the date of enactment of this Act, there are rescinded all unobligated balances of the amounts made available for the advanced technology vehicles manufacturing incentive program established under section 136 of the Energy Independence and Security Act of 2007 (42 U.S.C. 17013).

SEC. 40205. RESCISSION OF UNSPENT FEDERAL FUNDS.

(a) In General.--Notwithstanding any other provision of law, of all available unobligated funds on the date of enactment of this Act, there are rescinded such amounts as are equal to the difference between--

(1) the amounts necessary to carry out this Act; and

(2) the total amount of offsets provided by this title (other than this section) and division E.

(b) Implementation.--

(1) In general.--The Director of the Office of Management and Budget shall determine and identify--

(A) from which appropriation accounts the rescission under subsection (a) shall be made; and

(B) the amount of such rescission that shall be made to each account identified under subparagraph (A).

(2) Report.--Not later than 60 days after the date of enactment of this Act, the Director of the Office of Management and Budget shall submit a report to the Secretary of the Treasury and Congress of the accounts and amounts determined and identified for rescission under paragraph (1).

(c) Exception.--This section shall not apply to the unobligated funds of the Department of Defense, the Department of Homeland Security, or the Department of Veterans Affairs.

SEC. 40206. DEPOSIT IN HIGHWAY TRUST FUND.

There shall be deposited in the Highway Trust Fund

(1) any amounts rescinded under this title; and

(2) any amounts collected by the United States under this title or division E (including an amendment made by this title or division E).

DIVISION E--ENERGY DEVELOPMENT

TITLE I--EXPANDING OFFSHORE ENERGY DEVELOPMENT

SEC. 51001. OUTER CONTINENTAL SHELF LEASING PROGRAM.

Section 18(a) of the Outer Continental Shelf Lands Act (43 U.S.C. 1344(a)) is amended by adding at the end the following:

“(5)(A) In each oil and gas leasing program under this section, the Secretary shall make available for leasing and conduct lease sales including--

“(i) at least 50 percent of the available unleased acreage within each outer Continental Shelf planning area considered to have the largest undiscovered, technically recoverable oil and gas resources (on a total btu basis) based upon the most recent national geologic assessment of the outer Continental Shelf, with an emphasis on offering the most geologically prospective parts of the planning area; and

“(ii) any State subdivision of an outer Continental Shelf planning area that the Governor of the State that represents that subdivision requests be made available for leasing.

“(B) In this paragraph the term ‘available unleased acreage' means that portion of the outer Continental Shelf that is not under lease at the time of a proposed lease sale, and that has not otherwise been made unavailable for leasing by law.

“(6)(A) In the 2012 2017 5-year oil and gas leasing program, the Secretary shall make available for leasing any outer Continental Shelf planning areas that--

“(i) are estimated to contain more than 2,500,000,000 barrels of oil; or

“(ii) are estimated to contain more than 7,500,000,000,000 cubic feet of natural gas.

“(B) To determine the planning areas described in subparagraph (A), the Secretary shall use the document entitled ‘Minerals Management Service Assessment of Undiscovered Technically Recoverable Oil and Gas Resources of the Nation's Outer Continental Shelf, 2006'.”.

SEC. 51002. DOMESTIC OIL AND NATURAL GAS PRODUCTION GOAL.

Section 18(b) of the Outer Continental Shelf Lands Act (43 U.S.C. 1344(b)) is amended to read as follows:

“(b) Domestic Oil and Natural Gas Production Goal.--

“(1) In general.--In developing a 5-year oil and gas leasing program, and subject to paragraph (2), the Secretary shall determine a domestic strategic production goal for the development of oil and natural gas as a result of that program. Such goal shall be--

“(A) the best estimate of the possible increase in domestic production of oil and natural gas from the outer Continental Shelf;

“(B) focused on meeting domestic demand for oil and natural gas and reducing the dependence of the United States on foreign energy; and

“(C) focused on the production increases achieved by the leasing program at the end of the 15-year period beginning on the effective date of the program.

“(2) 2012 2017 program goal.--For purposes of the 2012 2017 5-year oil and gas leasing program, the production goal referred to in paragraph (1) shall be an increase by 2027 of--

“(A) no less than 3,000,000 barrels in the amount of oil produced per day; and

“(B) no less than 10,000,000,000 cubic feet in the amount of natural gas produced per day.

“(3) Reporting.--The Secretary shall report annually, beginning at the end of the 5-year period for which the program applies, to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate on the progress of the program in meeting the production goal. The Secretary shall identify in the report projections for production and any problems with leasing, permitting, or production that will prevent meeting the goal.”.

TITLE II--CONDUCTING PROMPT OFFSHORE LEASE SALES

SEC. 52001. REQUIREMENT TO CONDUCT PROPOSED OIL AND GAS LEASE SALE 216 IN THE CENTRAL GULF OF MEXICO.

(a) In General.--The Secretary of the Interior shall conduct offshore oil and gas Lease Sale 216 under section 8 of the Outer Continental Shelf Lands Act (33 U.S.C. 1337) as soon as practicable, but not later than 4 months after the date of enactment of this Act.

(b) Environmental Review.--For the purposes of that lease sale, the Environmental Impact Statement for the 2007 2012 5 Year OUTER CONTINENTAL SHELF Plan and the Multi-Sale Environmental Impact Statement are deemed to satisfy the requirements of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).

SEC. 52002. REQUIREMENT TO CONDUCT PROPOSED OIL AND GAS LEASE SALE 220 ON THE OUTER CONTINENTAL SHELF OFFSHORE VIRGINIA.

(a) In General.--Notwithstanding the inclusion of Lease Sale 220 in the fiscal years 2012 through fiscal year 2017 5 Year Outer Continental Shelf Oil and Gas Leasing Program, the Secretary shall conduct offshore oil and gas Lease Sale 220 under section 8 of the Outer Continental Shelf Lands Act (33 U.S.C. 1337) as soon as practicable, but not later than one year after the date of enactment of this Act.

(b) Prohibition on Conflicts With Military Operations.--No person may engage in any exploration, development, or production of oil or natural gas off the coast of Virginia that would conflict with any military operation, as determined in accordance with the Memorandum of Agreement between the Department of Defense and the Department of the Interior on Mutual Concerns on the Outer Continental Shelf signed July 20, 1983, and any revision or replacement for that agreement that is agreed to by the Secretary of Defense and the Secretary of the Interior after that date but before the date of issuance of the lease under which such exploration, development, or production is conducted.

SEC. 52003. REQUIREMENT TO CONDUCT PROPOSED OIL AND GAS LEASE SALE 222 IN THE CENTRAL GULF OF MEXICO.

(a) In General.--The Secretary shall conduct offshore oil and gas Lease Sale 222 under section 8 of the Outer Continental Shelf Lands Act (33 U.S.C. 1337) as soon as practicable, but not later than September 1, 2012.

(b) Environmental Review.--For the purposes of that lease sale, the Environmental Impact Statement for the 2007 2012 5 Year OUTER CONTINENTAL SHELF Plan and the Multi-Sale Environmental Impact Statement are deemed to satisfy the requirements of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).

SEC. 52004. ADDITIONAL LEASES.

Section 18 of the Outer Continental Shelf Lands Act (43 U.S.C. 1344) is amended by adding at the end the following:

“(i) Additional Lease Sales.--In addition to lease sales in accordance with a leasing program in effect under this section, the Secretary may hold lease sales for areas identified by the Secretary to have the greatest potential for new oil and gas development as a result of local support, new seismic findings, or nomination by interested persons.”.

SEC. 52005. DEFINITIONS.

In this title:

(1) The term “Environmental Impact Statement for the 2007 2012 5 Year OUTER CONTINENTAL SHELF Plan” means the Final Environmental Impact Statement for Outer Continental Shelf Oil and Gas Leasing Program: 2007 2012 (April 2007) prepared by the Secretary.

(2) The term “Multi-Sale Environmental Impact Statement” means the Environmental Impact Statement for Proposed Western Gulf of Mexico OUTER CONTINENTAL SHELF Oil and Gas Lease Sales 204, 207, 210, 215, and 218, and Proposed Central Gulf of Mexico OUTER CONTINENTAL SHELF Oil and Gas Lease Sales 205, 206, 208, 213, 216, and 222 (September 2008) prepared by the Secretary.

(3) The term “Secretary” means the Secretary of the Interior.

TITLE III--LEASING IN NEW OFFSHORE AREAS

SEC. 53001. LEASING IN THE EASTERN GULF OF MEXICO.

Section 104 of division C of the Tax Relief and Health Care Act of 2006 (Public Law 109 432; 120 Stat. 3003) is repealed.

SEC. 53002. LEASING OFFSHORE OF TERRITORIES OF THE UNITED STATES.

Section 2(a) of the Outer Continental Shelf Lands Act (43 U.S.C. 1331) is amended, by inserting after “control” the following: “or lying within the United States' exclusive economic zone and the Continental Shelf adjacent to the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, the Virgin Islands, American Samoa, Guam, or the other territories of the United States”.

TITLE IV--OUTER CONTINENTAL SHELF REVENUE SHARING

SEC. 54001. DISPOSITION OF OUTER CONTINENTAL SHELF REVENUES.

Section 9 of the Outer Continental Shelf Lands Act (43 U.S.C. 1338) is amended--

(1) in the existing text--

(A) in the first sentence, by striking “All rentals,” and inserting the following:

“(c) Disposition of Revenue Under Old Leases.--All rentals,”; and

(B) in subsection (c) (as designated by the amendment made by subparagraph (A) of this paragraph), by striking “for the period from June 5, 1950, to date, and thereafter” and inserting “in the period beginning June 5, 1950, and ending on the date of enactment of the Moving Ahead for Progress in the 21st Century Act”;

(2) by adding after subsection (c) (as so designated) the following:

“(d) New Leasing Revenues Defined.--In this section the term ‘new leasing revenues' means amounts received by the United States as bonuses, rents, and royalties under leases for oil and gas, wind, tidal, or other energy exploration, development, and production that are awarded under this Act after the date of enactment of the Moving Ahead for Progress in the 21st Century Act.”; and

(3) by inserting before subsection (c) (as so designated) the following:

“(a) Payment of New Leasing Revenues to Coastal States, Generally.--

“(1) In general.--Of the amount of new leasing revenues received by the United States each fiscal year that is described in paragraph (2), 37.5 percent shall be allocated and paid in accordance with subsection (b) to coastal States that are affected States with respect to the leases under which those revenues are received by the United States.

“(2) Phase-in.--The amount of new leasing revenues referred to in paragraph (1) is the sum determined by adding--

“(A) 35 percent of new leasing revenues received by the United States in the fiscal year under--

“(i) leases awarded under the first leasing program under section 18(a) that takes effect after the date of enactment of the Moving Ahead for Progress in the 21st Century Act; and

“(ii) other leases issued as a result of the enactment of that Act;

“(B) 70 percent of new leasing revenues received by the United States in the fiscal year under leases awarded under the second such leasing program; and

“(C) 100 percent of new leasing revenues received by the United States under leases awarded under the third such leasing program or any such leasing program taking effect thereafter.

“(b) Allocation of Payments to Coastal States.--

“(1) In general.--The amount of new leasing revenues received by the United States with respect to a leased tract that are required to be paid to coastal States in accordance with this subsection each fiscal year shall be allocated among and paid to such States that are within 200 miles of the leased tract, in amounts that are inversely proportional to the respective distances between the point on the coastline of each such State that is closest to the geographic center of the lease tract, as determined by the Secretary.

“(2) Minimum and maximum allocation.--The amount allocated to a coastal State under paragraph (1) each fiscal year with respect to a leased tract shall be--

“(A) in the case of a coastal State that is the nearest State to the geographic center of the leased tract, not less than 25 percent of the total amounts allocated with respect to the leased tract; and

“(B) in the case of any other coastal State, not less than 10 percent, and not more than 15 percent, of the total amounts allocated with respect to the leased tract.

“(3) Administration.--Amounts allocated to a coastal State under this subsection--

“(A) shall be available to the State without further appropriation;

“(B) shall remain available until expended; and

“(C) shall be in addition to any other amounts available to the State under this Act.

“(4) Use of funds.--

“(A) In general.--Except as provided in subparagraph (B), a coastal State may use funds allocated and paid to it under this subsection for any purpose as determined by State law.

“(B) Restriction on use for matching.--Funds allocated and paid to a coastal State under this subsection may not be used as matching funds for any other Federal program.”.

TITLE V--COASTAL PLAIN

SEC. 55001. DEFINITIONS.

In this title:

(1) Coastal plain.--The term “Coastal Plain” means that area described in appendix I to part 37 of title 50, Code of Federal Regulations.

(2) Peer reviewed.--The term “peer reviewed” means reviewed--

(A) by individuals chosen by the National Academy of Sciences with no contractual relationship with or those who have an application for a grant or other funding pending with the Federal agency with leasing jurisdiction; or

(B) if individuals described in subparagraph (A) are not available, by the top individuals in the specified biological fields, as determined by the National Academy of Sciences.

(3) Secretary.--The term “Secretary”, except as otherwise provided, means the Secretary of the Interior or the Secretary's designee.

SEC. 55002. LEASING PROGRAM FOR LANDS WITHIN THE COASTAL PLAIN.

(a) In General.--The Secretary shall take such actions as are necessary--

(1) to establish and implement, in accordance with this title and acting through the Director of the Bureau of Land Management in consultation with the Director of the United States Fish and Wildlife Service, a competitive oil and gas leasing program that will result in the exploration, development, and production of the oil and gas resources of the Coastal Plain; and

(2) to administer the provisions of this title through regulations, lease terms, conditions, restrictions, prohibitions, stipulations, and other provisions that ensure the oil and gas exploration, development, and production activities on the Coastal Plain will result in no significant adverse effect on fish and wildlife, their habitat, subsistence resources, and the environment, including, in furtherance of this goal, by requiring the application of the best commercially available technology for oil and gas exploration, development, and production to all exploration, development, and production operations under this title in a manner that ensures the receipt of fair market value by the public for the mineral resources to be leased.

(b) Repeal of Existing Restriction.--

(1) Repeal.--Section 1003 of the Alaska National Interest Lands Conservation Act of 1980 (16 U.S.C. 3143) is repealed.

(2) Conforming amendment.--The table of contents in section 1 of such Act is amended by striking the item relating to section 1003.

(c) Compliance With Requirements Under Certain Other Laws.--

(1) Compatibility.--For purposes of the National Wildlife Refuge System Administration Act of 1966 (16 U.S.C. 668dd et seq.), the oil and gas leasing program and activities authorized by this section in the Coastal Plain are deemed to be compatible with the purposes for which the Arctic National Wildlife Refuge was established, and no further findings or decisions are required to implement this determination.

(2) Adequacy of the department of the interior's legislative environmental impact statement.--The “Final Legislative Environmental Impact Statement” (April 1987) on the Coastal Plain prepared pursuant to section 1002 of the Alaska National Interest Lands Conservation Act of 1980 (16 U.S.C. 3142) and section 102(2)(C) of the National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)) is deemed to satisfy the requirements under the National Environmental Policy Act of 1969 that apply with respect to prelease activities under this title, including actions authorized to be taken by the Secretary to develop and promulgate the regulations for the establishment of a leasing program authorized by this title before the conduct of the first lease sale.

(3) Compliance with nepa for other actions.--Before conducting the first lease sale under this title, the Secretary shall prepare an environmental impact statement under the National Environmental Policy Act of 1969 with respect to the actions authorized by this title that are not referred to in paragraph (2). Notwithstanding any other law, the Secretary is not required to identify nonleasing alternative courses of action or to analyze the environmental effects of such courses of action. The Secretary shall only identify a preferred action for such leasing and a single leasing alternative, and analyze the environmental effects and potential mitigation measures for those two alternatives. The identification of the preferred action and related analysis for the first lease sale under this title shall be completed within 18 months after the date of enactment of this Act. The Secretary shall only consider public comments that specifically address the Secretary's preferred action and that are filed within 20 days after publication of an environmental analysis. Notwithstanding any other law, compliance with this paragraph is deemed to satisfy all requirements for the analysis and consideration of the environmental effects of proposed leasing under this title.

(d) Relationship to State and Local Authority.--Nothing in this title shall be considered to expand or limit State and local regulatory authority.

(e) Special Areas.--

(1) In general.--The Secretary, after consultation with the State of Alaska, the city of Kaktovik, and the North Slope Borough, may designate up to a total of 45,000 acres of the Coastal Plain as a Special Area if the Secretary determines that the Special Area is of such unique character and interest so as to require special management and regulatory protection. The Secretary shall designate as such a Special Area the Sadlerochit Spring area, comprising approximately 4,000 acres.

(2) Management.--Each such Special Area shall be managed so as to protect and preserve the area's unique and diverse character including its fish, wildlife, and subsistence resource values.

(3) Exclusion from leasing or surface occupancy.--The Secretary may exclude any Special Area from leasing. If the Secretary leases a Special Area, or any part thereof, for purposes of oil and gas exploration, development, production, and related activities, there shall be no surface occupancy of the lands comprising the Special Area.

(4) Directional drilling.--Notwithstanding the other provisions of this subsection, the Secretary may lease all or a portion of a Special Area under terms that permit the use of horizontal drilling technology from sites on leases tracts located outside the Special Area.

(f) Limitation on Closed Areas.--The Secretary's sole authority to close lands within the Coastal Plain to oil and gas leasing and to exploration, development, and production is that set forth in this title.

(g) Regulations.--

(1) In general.--The Secretary shall prescribe such regulations as may be necessary to carry out this title, including regulations relating to protection of the fish and wildlife, their habitat, subsistence resources, and environment of the Coastal Plain, by no later than 15 months after the date of enactment of this Act.

(2) Revision of regulations.--The Secretary shall, through a rule making conducted in accordance with section 553 of title 5, United States Code, periodically review and, if appropriate, revise the regulations issued under subsection (a) to reflect a preponderance of the best available scientific evidence that has been peer reviewed and obtained by following appropriate, documented scientific procedures, the results of which can be repeated using those same procedures.

SEC. 55003. LEASE SALES.

(a) In General.--Lands may be leased under this title to any person qualified to obtain a lease for deposits of oil and gas under the Mineral Leasing Act (30 U.S.C. 181 et seq.).

(b) Procedures.--The Secretary shall, by regulation and no later than 180 days after the date of enactment of this title, establish procedures for--

(1) receipt and consideration of sealed nominations for any area of the Coastal Plain for inclusion in, or exclusion (as provided in subsection (c)) from, a lease sale;

(2) the holding of lease sales after such nomination process; and

(3) public notice of and comment on designation of areas to be included in, or excluded from, a lease sale.

(c) Lease Sale Bids.--Lease sales under this title may be conducted through an Internet leasing program, if the Secretary determines that such a system will result in savings to the taxpayer, an increase in the number of bidders participating, and higher returns than oral bidding or a sealed bidding system.

(d) Sale Acreages and Schedule.--

(1) The Secretary shall offer for lease under this title those tracts the Secretary considers to have the greatest potential for the discovery of hydrocarbons, taking into consideration nominations received pursuant to subsection (b)(1).

(2) The Secretary shall offer for lease under this title no less than 50,000 acres for lease within 22 months after the date of the enactment of this Act.

(3) The Secretary shall offer for lease under this title no less than an additional 50,000 acres at 6-, 12-, and 18-month intervals following offering under paragraph (2).

(4) The Secretary shall conduct four additional sales under the same terms and schedule no later than two years after the date of the last sale under paragraph (3), if sufficient interest in leasing exists to warrant, in the Secretary's judgment, the conduct of such sales.

(5) The Secretary shall evaluate the bids in each sale and issue leases resulting from such sales, within 90 days after the date of the completion of such sale.

SEC. 55004. GRANT OF LEASES BY THE SECRETARY.

(a) In General.--The Secretary may grant to the highest responsible qualified bidder in a lease sale conducted under section 55003 any lands to be leased on the Coastal Plain upon payment by the such bidder of such bonus as may be accepted by the Secretary.

(b) Subsequent Transfers.--No lease issued under this title may be sold, exchanged, assigned, sublet, or otherwise transferred except with the approval of the Secretary. Prior to any such approval the Secretary shall consult with, and give due consideration to the views of, the Attorney General.

SEC. 55005. LEASE TERMS AND CONDITIONS.

(a) In General.--An oil or gas lease issued under this title shall--

(1) provide for the payment of a royalty of not less than 12\1/2\ percent in amount or value of the production removed or sold under the lease, as determined by the Secretary under the regulations applicable to other Federal oil and gas leases;

(2) provide that the Secretary may close, on a seasonal basis, portions of the Coastal Plain to exploratory drilling activities as necessary to protect caribou calving areas and other species of fish and wildlife based on a preponderance of the best available scientific evidence that has been peer reviewed and obtained by following appropriate, documented scientific procedures, the results of which can be repeated using those same procedures;

(3) require that the lessee of lands within the Coastal Plain shall be fully responsible and liable for the reclamation of lands within the Coastal Plain and any other Federal lands that are adversely affected in connection with exploration, development, production, or transportation activities conducted under the lease and within the Coastal Plain by the lessee or by any of the subcontractors or agents of the lessee;

(4) provide that the lessee may not delegate or convey, by contract or otherwise, the reclamation responsibility and liability to another person without the express written approval of the Secretary;

(5) provide that the standard of reclamation for lands required to be reclaimed under this title shall be, as nearly as practicable, a condition capable of supporting the uses which the lands were capable of supporting prior to any exploration, development, or production activities, or upon application by the lessee, to a higher or better use as certified by the Secretary;

(6) contain terms and conditions relating to protection of fish and wildlife, their habitat, subsistence resources, and the environment as required pursuant to section 55002(a)(2);

(7) provide that the lessee, its agents, and its contractors use best efforts to provide a fair share, as determined by the level of obligation previously agreed to in the 1974 agreement implementing section 29 of the Federal Agreement and Grant of Right of Way for the Operation of the Trans-Alaska Pipeline, of employment and contracting for Alaska Natives and Alaska Native corporations from throughout the State;

(8) prohibit the export of oil produced under the lease; and

(9) contain such other provisions as the Secretary determines necessary to ensure compliance with this title and the regulations issued under this title.

SEC. 55006. COASTAL PLAIN ENVIRONMENTAL PROTECTION.

(a) No Significant Adverse Effect Standard To Govern Authorized Coastal Plain Activities.--The Secretary shall, consistent with the requirements of section 55002, administer this title through regulations, lease terms, conditions, restrictions, prohibitions, stipulations, and other provisions that--

(1) ensure the oil and gas exploration, development, and production activities on the Coastal Plain will result in no significant adverse effect on fish and wildlife, their habitat, and the environment;

(2) require the application of the best commercially available technology for oil and gas exploration, development, and production on all new exploration, development, and production operations; and

(3) ensure that the maximum amount of surface acreage covered by production and support facilities, including airstrips and any areas covered by gravel berms or piers for support of pipelines, does not exceed 10,000 acres on the Coastal Plain for each 100,000 acres of area leased.

(b) Site-Specific Assessment and Mitigation.--The Secretary shall also require, with respect to any proposed drilling and related activities, that--

(1) a site-specific analysis be made of the probable effects, if any, that the drilling or related activities will have on fish and wildlife, their habitat, subsistence resources, and the environment;

(2) a plan be implemented to avoid, minimize, and mitigate (in that order and to the extent practicable) any significant adverse effect identified under paragraph (1); and

(3) the development of the plan shall occur after consultation with the agency or agencies having jurisdiction over matters mitigated by the plan.

(c) Regulations To Protect Coastal Plain Fish and Wildlife Resources, Subsistence Users, and the Environment.--Before implementing the leasing program authorized by this title, the Secretary shall prepare and promulgate regulations, lease terms, conditions, restrictions, prohibitions, stipulations, and other measures designed to ensure that the activities undertaken on the Coastal Plain under this title are conducted in a manner consistent with the purposes and environmental requirements of this title.

(d) Compliance With Federal and State Environmental Laws and Other Requirements.--The proposed regulations, lease terms, conditions, restrictions, prohibitions, and stipulations for the leasing program under this title shall require compliance with all applicable provisions of Federal and State environmental law, and shall also require the following:

(1) Standards at least as effective as the safety and environmental mitigation measures set forth in items 1 through 29 at pages 167 through 169 of the “Final Legislative Environmental Impact Statement” (April 1987) on the Coastal Plain.

(2) Seasonal limitations on exploration, development, and related activities, where necessary, to avoid significant adverse effects during periods of concentrated fish and wildlife breeding, denning, nesting, spawning, and migration based on a preponderance of the best available scientific evidence that has been peer reviewed and obtained by following appropriate, documented scientific procedures, the results of which can be repeated using those same procedures.

(3) That exploration activities, except for surface geological studies, be limited to the period between approximately November 1 and May 1 each year and that exploration activities shall be supported, if necessary, by ice roads, winter trails with adequate snow cover, ice pads, ice airstrips, and air transport methods, except that such exploration activities may occur at other times if the Secretary finds that such exploration will have no significant adverse effect on the fish and wildlife, their habitat, and the environment of the Coastal Plain.

(4) Design safety and construction standards for all pipelines and any access and service roads, that--

(A) minimize, to the maximum extent possible, adverse effects upon the passage of migratory species such as caribou; and

(B) minimize adverse effects upon the flow of surface water by requiring the use of culverts, bridges, and other structural devices.

(5) Prohibitions on general public access and use on all pipeline access and service roads.

(6) Stringent reclamation and rehabilitation requirements, consistent with the standards set forth in this title, requiring the removal from the Coastal Plain of all oil and gas development and production facilities, structures, and equipment upon completion of oil and gas production operations, except that the Secretary may exempt from the requirements of this paragraph those facilities, structures, or equipment that the Secretary determines would assist in the management of the Arctic National Wildlife Refuge and that are donated to the United States for that purpose.

(7) Appropriate prohibitions or restrictions on access by all modes of transportation.

(8) Appropriate prohibitions or restrictions on sand and gravel extraction.

(9) Consolidation of facility siting.

(10) Appropriate prohibitions or restrictions on use of explosives.

(11) Avoidance, to the extent practicable, of springs, streams, and river systems; the protection of natural surface drainage patterns, wetlands, and riparian habitats; and the regulation of methods or techniques for developing or transporting adequate supplies of water for exploratory drilling.

(12) Avoidance or minimization of air traffic-related disturbance to fish and wildlife.

(13) Treatment and disposal of hazardous and toxic wastes, solid wastes, reserve pit fluids, drilling muds and cuttings, and domestic wastewater, including an annual waste management report, a hazardous materials tracking system, and a prohibition on chlorinated solvents, in accordance with applicable Federal and State environmental law.

(14) Fuel storage and oil spill contingency planning.

(15) Research, monitoring, and reporting requirements.

(16) Field crew environmental briefings.

(17) Avoidance of significant adverse effects upon subsistence hunting, fishing, and trapping by subsistence users.

(18) Compliance with applicable air and water quality standards.

(19) Appropriate seasonal and safety zone designations around well sites, within which subsistence hunting and trapping shall be limited.

(20) Reasonable stipulations for protection of cultural and archeological resources.

(21) All other protective environmental stipulations, restrictions, terms, and conditions deemed necessary by the Secretary.

(e) Considerations.--In preparing and promulgating regulations, lease terms, conditions, restrictions, prohibitions, and stipulations under this section, the Secretary shall consider the following:

(1) The stipulations and conditions that govern the National Petroleum Reserve-Alaska leasing program, as set forth in the 1999 Northeast National Petroleum Reserve-Alaska Final Integrated Activity Plan/Environmental Impact Statement.

(2) The environmental protection standards that governed the initial Coastal Plain seismic exploration program under parts 37.31 to 37.33 of title 50, Code of Federal Regulations.

(3) The land use stipulations for exploratory drilling on the KIC ASRC private lands that are set forth in appendix 2 of the August 9, 1983, agreement between Arctic Slope Regional Corporation and the United States.

(f) Facility Consolidation Planning.--

(1) In general.--The Secretary shall, after providing for public notice and comment, prepare and update periodically a plan to govern, guide, and direct the siting and construction of facilities for the exploration, development, production, and transportation of Coastal Plain oil and gas resources.

(2) Objectives.--The plan shall have the following objectives:

(A) Avoiding unnecessary duplication of facilities and activities.

(B) Encouraging consolidation of common facilities and activities.

(C) Locating or confining facilities and activities to areas that will minimize impact on fish and wildlife, their habitat, and the environment.

(D) Utilizing existing facilities wherever practicable.

(E) Enhancing compatibility between wildlife values and development activities.

(g) Access to Public Lands.--The Secretary shall--

(1) manage public lands in the Coastal Plain subject to of section 811 of the Alaska National Interest Lands Conservation Act (16 U.S.C. 3121); and

(2) ensure that local residents shall have reasonable access to public lands in the Coastal Plain for traditional uses.

SEC. 55007. EXPEDITED JUDICIAL REVIEW.

(a) Filing of Complaint.--

(1) Deadline.--Subject to paragraph (2), any complaint seeking judicial review-- (A) of any provision of this title shall be filed by not later than 1 year after the date of enactment of this Act; or (B) of any action of the Secretary under this title shall be filed--

(i) except as provided in clause (ii), within the 90-day period beginning on the date of the action being challenged; or

(ii) in the case of a complaint based solely on grounds arising after such period, within 90 days after the complainant knew or reasonably should have known of the grounds for the complaint.

(2) Venue.--Any complaint seeking judicial review of any provision of this title or any action of the Secretary under this title may be filed only in the United States Court of Appeals for the District of Columbia.

(3) Limitation on scope of certain review.--Judicial review of a Secretarial decision to conduct a lease sale under this title, including the environmental analysis thereof, shall be limited to whether the Secretary has complied with this title and shall be based upon the administrative record of that decision. The Secretary's identification of a preferred course of action to enable leasing to proceed and the Secretary's analysis of environmental effects under this title shall be presumed to be correct unless shown otherwise by clear and convincing evidence to the contrary.

(b) Limitation on Other Review.--Actions of the Secretary with respect to which review could have been obtained under this section shall not be subject to judicial review in any civil or criminal proceeding for enforcement.

(c) Limitation on Attorneys' Fees and Court Costs.--No person seeking judicial review of any action under this title shall receive payment from the Federal Government for their attorneys' fees and other court costs, including under any provision of law enacted by the Equal Access to Justice Act (5 U.S.C. 504 note).

SEC. 55008. TREATMENT OF REVENUES.

Notwithstanding any other provision of law, 50 percent of the amount of bonus, rental, and royalty revenues from Federal oil and gas leasing and operations authorized under this title shall be deposited in the Treasury.

SEC. 55009. RIGHTS-OF-WAY ACROSS THE COASTAL PLAIN.

(a) In General.--The Secretary shall issue rights-of-way and easements across the Coastal Plain for the transportation of oil and gas produced under leases under this title--

(1) except as provided in paragraph (2), under section 28 of the Mineral Leasing Act (30 U.S.C. 185), without regard to title XI of the Alaska National Interest Lands Conservation Act (16 U.S.C. 3161 et seq.); and

(2) under title XI of the Alaska National Interest Lands Conservation Act (30 U.S.C. 3161 et seq.), for access authorized by sections 1110 and 1111 of that Act (16 U.S.C. 3170 and 3171).

(b) Terms and Conditions.--The Secretary shall include in any right-of-way or easement issued under subsection (a) such terms and conditions as may be necessary to ensure that transportation of oil and gas does not result in a significant adverse effect on the fish and wildlife, subsistence resources, their habitat, and the environment of the Coastal Plain, including requirements that facilities be sited or designed so as to avoid unnecessary duplication of roads and pipelines.

(c) Regulations.--The Secretary shall include in regulations under section 55002(g) provisions granting rights-of-way and easements described in subsection (a) of this section.

SEC. 55010. CONVEYANCE.

In order to maximize Federal revenues by removing clouds on title to lands and clarifying land ownership patterns within the Coastal Plain, the Secretary, notwithstanding section 1302(h)(2) of the Alaska National Interest Lands Conservation Act (16 U.S.C. 3192(h)(2)), shall convey--

(1) to the Kaktovik Inupiat Corporation the surface estate of the lands described in paragraph 1 of Public Land Order 6959, to the extent necessary to fulfill the Corporation's entitlement under sections 12 and 14 of the Alaska Native Claims Settlement Act (43 U.S.C. 1611 and 1613) in accordance with the terms and conditions of the Agreement between the Department of the Interior, the United States Fish and Wildlife Service, the Bureau of Land Management, and the Kaktovik Inupiat Corporation dated January 22, 1993; and

(2) to the Arctic Slope Regional Corporation the remaining subsurface estate to which it is entitled pursuant to the August 9, 1983, agreement between the Arctic Slope Regional Corporation and the United States of America.

TITLE VI--OIL SHALE AND TAR SANDS LEASING

SEC. 56001. EFFECTIVENESS OF OIL SHALE REGULATIONS, AMENDMENTS TO RESOURCE MANAGEMENT PLANS, AND RECORD OF DECISION.

(a) Regulations.--Notwithstanding any other law or regulation to the contrary, the final regulations regarding oil shale management published by the Bureau of Land Management on November 18, 2008 (73 Fed. Reg. 69,414) are deemed to satisfy all legal and procedural requirements under any law, including the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.), the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.), the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), and the Energy Policy Act of 2005 (Public Law 109 58), and the Secretary of the Interior shall implement those regulations, including the oil shale and tar sands leasing program authorized by the regulations, without any other administrative action necessary.

(b) Amendments to Resource Management Plans and Record of Decision.--Notwithstanding any other law or regulation to the contrary, the November 17, 2008 U.S. Bureau of Land Management Approved Resource Management Plan Amendments/ Record of Decision for Oil Shale and Tar Sands Resources to Address Land Use Allocations in Colorado, Utah, and Wyoming and Final Programmatic Environmental Impact Statement are deemed to satisfy all legal and procedural requirements under any law, including the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.), the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.), the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), and the Energy Policy Act of 2005 (Public Law 109 58), and the Secretary of the Interior shall implement the oil shale and tar sands leasing program authorized by the regulations referred to in subsection (a) in those areas covered by the resource management plans amended by such amendments, and covered by such record of decision, without any other administrative action necessary.

SEC. 56002. OIL SHALE AND TAR SANDS LEASING.

(a) Additional Research and Development Lease Sales.--The Secretary of the Interior shall hold a lease sale within 180 days after the date of enactment of this Act offering an additional 10 parcels for lease for research, development, and demonstration of oil shale or tar sands resources, under the terms offered in the solicitation of bids for such leases published on January 15, 2009 (74 Fed. Reg. 10).

(b) Commercial Lease Sales.--No later than January 1, 2016, the Secretary of the Interior shall hold no less than 5 separate commercial lease sales in areas considered to have the most potential for oil shale or tar sands development, as determined by the Secretary, in areas nominated through public comment. Each lease sale shall be for an area of not less than 25,000 acres, and in multiple lease blocs.

(c) Reduced Payments To Ensure Production.--The Secretary of the Interior may temporarily reduce royalties, fees, rentals, bonus, or other payments for leases of Federal lands for the development and production of oil shale resources as necessary to incentivize and encourage development of such resources, if the Secretary determines that the royalties, fees, rentals, bonus bids, and other payments otherwise authorized by law are hindering production of such resources.

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Senate amendment submitted

February 17, 2012