S.Amdt. 2416

1. Adds SEC. 31108. NATIONAL INFRASTRUCTURE INVESTMENTS at the end of subtitle A of title XXXI

   Adds a section

   Inserted: SEC. 31108. NATIONAL INFRASTRUCTURE INVESTMENTS.

   Inserted: (a) Definitions.--In this section:

   Inserted: (1) Eligible entity.--The term "eligible entity" means--

   Inserted: (A) a State;

   Inserted: (B) an Indian tribe;

   Inserted: (C) the District of Columbia;

   Inserted: (D) a territory of the United States;

   Inserted: (E) a local government;

   Inserted: (F) a port authority;

   Inserted: (G) a metropolitan planning organization;

   Inserted: (H) a transit agency;

   Inserted: (I) another political subdivision of a State or local government; and

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   Inserted: (J) 2 or more of the entities described in subparagraphs (A) through (I), working in collaboration.

   Inserted: (2) Eligible project.--

   Inserted: (A) In general.--The term "eligible project" means a transportation project that, as determined by the Secretary, would have a significant beneficial impact on a State, a metropolitan area, a region, or the United States.

   Inserted: (B) Inclusions.--The term "eligible project" includes--

   Inserted: (i) a highway or bridge project eligible for funding under chapter 1 of title 23, United States Code (including a project related to bicycles or pedestrians);

   Inserted: (ii) a public transportation project eligible for funding under chapter 53 of title 49, United States Code;

   Inserted: (iii) a passenger or freight rail transportation project;

   Inserted: (iv) a port infrastructure project; and

   Inserted: (v) an intermodal project.

   Inserted: (3) Eligible project costs.--

   Inserted: (A) In general.--The term "eligible project costs" means costs relating to an eligible project, such as the costs of--

   Inserted: (i) development phase activities, including planning, feasibility analysis, revenue forecasting, environmental review, permitting, preliminary engineering and design work, and other preconstruction activities;

   Inserted: (ii) construction, reconstruction, rehabilitation, replacement, and acquisition of real property (including land related to the eligible project and improvements to land), environmental mitigation, construction contingencies, and acquisition of equipment; and

   Inserted: (iii) capitalized interest necessary to meet market requirements, reasonably required reserve funds, capital issuance expenses, and other carrying costs during construction.

   Inserted: (B) Dredging activities.--The term "eligible project costs"--

   Inserted: (i) includes the costs of dredging activities that are part of a berth reconstruction or rehabilitation project; and

   Inserted: (ii) does not include the costs of dredging activities that are the responsibility of the Army Corps of Engineers.

   Inserted: (4) Rural area.--The term "rural area" means any area not in an urbanized area (as that term is defined by the Census Bureau).

   Inserted: (5) State.--The term "State" means--

   Inserted: (A) any of the 50 States; or

   Inserted: (B) the District of Columbia.

   Inserted: (6) Substantial completion.--The term "substantial completion" means the opening of an eligible project to vehicular or passenger traffic.

   Inserted: (b) National Infrastructure Investments Program.--

   Inserted: (1) Program.--Not later than 1 year after the date of the enactment of this Act, the Secretary, by regulation, shall establish a program under which the Secretary shall award competitive grants to eligible entities for use in carrying out eligible projects.

   Inserted: (2) Grant requirements.--

   Inserted: (A) Amount.--Except as provided in subparagraph (E)(ii)(I), a grant under this section shall be in an amount that is--

   Inserted: (i) not less than $10,000,000; and

   Inserted: (ii) not greater than $200,000,000.

   Inserted: (B) Geographical distribution; balance; investment.--In providing grants under this section, the Secretary shall take such measures as are necessary to ensure, to the maximum extent practicable--

   Inserted: (i) an equitable geographical distribution of funds;

   Inserted: (ii) an appropriate balance in addressing the needs of urban and rural areas; and

   Inserted: (iii) investment in a variety of transportation modes.

   Inserted: (C) Maximum percentage per state.--Not more than 25 percent of the amounts made available to provide grants under this section for a fiscal year may be provided for eligible projects in a State.

   Inserted: (D) Federal share.--

   Inserted: (i) In general.--Except as provided in subparagraph (E)(ii)(II), the Federal share of the cost of carrying out any eligible project funded by a grant under this section shall be, at the option of the eligible entity receiving the grant, up to 80 percent.

   Inserted: (ii) Priority.--In providing grants under this section, the Secretary shall give priority to eligible projects that require a contribution of Federal funds in order to complete an overall financing package for the eligible projects.

   Inserted: (E) Eligible projects in rural areas.--

   Inserted: (i) In general.--Not less than 20 percent of the amounts made available to provide grants under this section for a fiscal year shall be provided for eligible projects located in rural areas.

   Inserted: (ii) Minimum grant amount; federal share.--With respect to an eligible project located in a rural area--

   Inserted: (I) the minimum amount of a grant under this section shall be $1,000,000; and

   Inserted: (II) the Secretary may increase the Federal share of the cost of carrying out the eligible project up to 100 percent.

   Inserted: (F) Set-asides for certain costs, projects, and transfers.--Of the amounts made available under this section for a fiscal year, the Secretary may--

   Inserted: (i) use an amount not to exceed $20,000,000 for grants that pay for the planning, preparation, or design of eligible projects; and

   Inserted: (ii) use an amount not to exceed $20,000,000 to fund the provision and oversight of grants under this section, including transfers of funds from that amount to the Administrators of the Federal Highway Administration, the Federal Transit Administration, the Federal Railroad Administration, and the Maritime Administration to fund the provision and oversight of grants under this section for eligible projects under the administrative jurisdiction of those agencies.

   Inserted: (3) Selection among eligible projects.--

   Inserted: (A) Establishment.--The Secretary shall establish criteria for use in selecting among eligible projects to receive funding under this section.

   Inserted: (B) Selection criteria.--

   Inserted: (i) Primary selection criteria.--The Secretary shall select among eligible projects by evaluating the extent to which an eligible project provides significant benefits to a State, a metropolitan area, a region, or the United States, including the extent to which an eligible project--

   Inserted: (I) improves the safety of transportation facilities and systems;

   Inserted: (II) improves the condition of existing transportation facilities and systems;

   Inserted: (III) contributes to economic competitiveness over the medium- to long-term;

   Inserted: (IV) improves the environment, improves energy efficiency, reduces dependence on oil, or reduces greenhouse gas emissions; and

   Inserted: (V) improves access to transportation facilities and systems.

   Inserted: (ii) Secondary selection criteria.--In addition to considering the primary selection criteria described in clause (i), the Secretary shall consider the extent to which a project--

   Inserted: (I) uses innovative strategies or technologies to pursue any of those primary selection criteria; and

   Inserted: (II) demonstrates strong collaboration among a broad range of participants, or the integration of transportation with other public service efforts.

   Inserted: (4) Application requirement.--The Secretary shall require an analysis of project benefits and costs in each application for a construction grant under this section.

   Inserted: (5) Federal requirements.--The following provisions of law shall apply to funds made available under this section and eligible projects carried out using those funds:

   Inserted: (A) Subchapter IV of chapter 31 of title 40, United States Code.

   Inserted: (B) Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.).

   Inserted: (C) The National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).

   Inserted: (D) The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. 4601 et seq.).

   Inserted: (6) Transparency.--

   Inserted: (A) In general.--The Secretary shall include in any notice of funding availability a full description of how applications will be evaluated against all selection criteria.

   Inserted: (B) Consultations on decisions.--After provision of grants and credit assistance under this section for a fiscal year, the Secretary (or a designee) shall be available to meet with any applicant, at a time and place that is mutually acceptable to the Secretary and the applicant, to review the application of the applicant.

   Inserted: (c) TIFIA Subsidy and Administrative Costs.--The Secretary may use up to 20 percent of the amounts appropriated pursuant to the authorization under subsection (e) to pay the subsidy and administrative costs of projects eligible for Federal credit assistance under chapter 6 of title 23, United States Code, if the Secretary determines that such use of funds would advance the purposes of this section.

   Inserted: (d) State and Local Permits.--Financial assistance under this section with respect to an eligible project shall not--

   Inserted: (1) relieve any recipient of the assistance of any obligation to obtain any required State or local permit or approval with respect to the eligible project;

   Inserted: (2) limit the right of any unit of State or local government to approve or regulate any rate of return on private equity invested in the eligible project; or

   Inserted: (3) otherwise supersede any State or local law (including any regulation) applicable to the construction or operation of the eligible project.

   Inserted: (e) Authorization of Appropriations.--

   Inserted: (1) In general.--There are authorized to be appropriated out of the Highway Trust Fund (other than the Mass Transit Account), $500,000,000 for each of the fiscal years 2016 through 2021. Amounts appropriated pursuant to this paragraph shall be made available for obligation on October 1 of the fiscal year for which they are authorized.

   Inserted: (2) Additional amounts.--In addition to the amounts authorized to be appropriated under paragraph (1), there are authorized to be appropriated such additional amounts as may be necessary to carry out this section for each of the fiscal years 2016 through 2021.

   Inserted: (3) Availability.--Amounts appropriated for a fiscal year pursuant to this subsection shall be available for obligation during the 3-year period beginning on the first day of such fiscal year.

   Original wording

   At the end of subtitle A of title XXXI, add the following:

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As printed