r/title-23-HIGHWAYS wiki — defined terms

“apportionment” applies throughout this title

The term “apportionment” includes unexpended apportionments made under prior authorization laws. (2) Asset management .—

“asset management” applies throughout this title

The term “asset management” means a strategic and systematic process of operating, maintaining, and improving physical assets, with a focus on both engineering and economic analysis based upon quality information, to identify a structured sequence of maintenance, preservation, repair, rehabilitation, and replacement actions that will achieve and sustain a desired state of good repair over the lifecycle of the assets at minimum practicable cost. (3) Carpool project .—

“carpool project” applies throughout this title

The term “carpool project” means any project to encourage the use of carpools and vanpools, including provision of carpooling opportunities to the elderly and individuals with disabilities, systems for locating potential riders and informing them of carpool opportunities, acquiring vehicles for carpool use, designating existing highway lanes as preferential carpool highway lanes, providing related traffic control devices, designating existing facilities for use for preferential parking for carpools, and real-time ridesharing projects, such as projects where drivers, using an electronic transfer of funds, recover costs directly associated with the trip provided through the use of location …

“construction” applies throughout this title

The term “construction” means the supervising, inspecting, actual building, and incurrence of all costs incidental to the construction or reconstruction of a highway or any project eligible for assistance under this title, including bond costs and other costs relating to the issuance in accordance with section 122 of bonds or other debt financing instruments and costs incurred by the State in performing Federal-aid project related audits that directly benefit the Federal-aid highway program.

“county” applies throughout this title

The term “county” includes corresponding units of government under any other name in States that do not have county organizations and, in those States in which the county government does not have jurisdiction over highways, any local government unit vested with jurisdiction over local highways. (6) Federal-aid highway .—

“Federal Lands access transportation facility” applies throughout this title

The term “Federal Lands access transportation facility” means a public highway, road, bridge, trail, or transit system that is located on, is adjacent to, or provides access to Federal lands for which title or maintenance responsibility is vested in a State, county, town, township, tribal, municipal, or local government. (8) Federal lands transportation facility .—

“Federal lands transportation facility” applies throughout this title

The term “Federal lands transportation facility” means a public highway, road, bridge, trail, or transit system that is located on, is adjacent to, or provides access to Federal lands for which title and maintenance responsibility is vested in the Federal Government, and that appears on the national Federal lands transportation facility inventory described in section 203(c). (9) Forest development roads and trails .—

“Federal-aid highway” applies throughout this title

The term “Federal-aid highway” means a public highway eligible for assistance under this chapter other than a highway functionally classified as a local road or rural minor collector. (7) Federal lands access transportation facility .—

“forest development roads and trails” applies throughout this title

The term “forest development roads and trails” means forest roads and trails under the jurisdiction of the Forest Service. (10) Forest road or trail .—

“forest road or trail” applies throughout this title

The term “forest road or trail” means a road or trail wholly or partly within, or adjacent to, and serving the National Forest System that is necessary for the protection, administration, and utilization of the National Forest System and the use and development of its resources. (11) Highway .—

“highway” applies throughout this title

The term “highway” includes— (A) a road, street, and parkway; (B) a right-of-way, bridge, railroad-highway crossing, tunnel, drainage structure including public roads on dams, sign, guardrail, and protective structure, in connection with a highway; and (C) a portion of any interstate or international bridge or tunnel and the approaches thereto, the cost of which is assumed by a State transportation department, including such facilities as may be required by the United States Customs and Immigration Services in connection with the operation of an international bridge or tunnel. (12) Interstate System .—

“Interstate System” applies throughout this title

The term “Interstate System” means the Dwight D. Eisenhower National System of Interstate and Defense Highways described in section 103(c). (13) Maintenance .—

“maintenance” applies throughout this title

The term “maintenance” means the preservation of the entire highway, including surface, shoulders, roadsides, structures, and such traffic-control devices as are necessary for safe and efficient utilization of the highway. (14) Maintenance area .—

“maintenance area” applies throughout this title

The term “maintenance area” means an area that was designated as an air quality nonattainment area, but was later redesignated by the Administrator of the Environmental Protection Agency as an air quality attainment area, under section 107(d) of the Clean Air Act ( 42 U.S.C. 7407(d) ). (15) National highway freight network .—

“National Highway Freight Network” applies throughout this title

The term “National Highway Freight Network” means the National Highway Freight Network established under section 167. (16) National Highway System .—

“National Highway System” applies throughout this title

The term “National Highway System” means the Federal-aid highway system described in section 103(b). (17) Natural infrastructure .—

“natural infrastructure” applies throughout this title

The term “natural infrastructure” means infrastructure that uses, restores, or emulates natural ecological processes and— (A) is created through the action of natural physical, geological, biological, and chemical processes over time; (B) is created by human design, engineering, and construction to emulate or act in concert with natural processes; or (C) involves the use of plants, soils, and other natural features, including through the creation, restoration, or preservation of vegetated areas using materials appropriate to the region to manage stormwater and runoff, to attenuate flooding and storm surges, and for other related purposes.

“operating costs for traffic monitoring, management, and control” applies throughout this title

The term “operating costs for traffic monitoring, management, and control” includes labor costs, administrative costs, costs of utilities and rent, and other costs associated with the continuous operation of traffic control, such as integrated traffic control systems, incident management programs, and traffic control centers. (19) Operational improvement .—

“operational improvement” applies throughout this title

The term “operational improvement”— (A) means (i) a capital improvement for installation of traffic surveillance and control equipment, computerized signal systems, motorist information systems, integrated traffic control systems, incident management programs, and transportation demand management facilities, strategies, and programs, and (ii) such other capital improvements to public roads as the Secretary may designate, by regulation; and (B) does not include resurfacing, restoring, or rehabilitating improvements, construction of additional lanes, interchanges, and grade separations, and construction of a new facility on a new location. (20) Project .—

“project” applies throughout this title

The term “project” means any undertaking eligible for assistance under this title. (21) Project agreement .—

“project agreement” applies throughout this title

The term “project agreement” means the formal instrument to be executed by the Secretary and the recipient as required by section 106. (22) Public authority .—

“public authority” applies throughout this title

The term “public authority” means a Federal, State, county, town, or township, Indian tribe, municipal or other local government or instrumentality with authority to finance, build, operate, or maintain toll or toll-free facilities. (23) Public road .—

“public road” applies throughout this title

The term “public road” means any road or street under the jurisdiction of and maintained by a public authority and open to public travel. (24) Resilience .— The term “resilience”, with respect to a project, means a project with the ability to anticipate, prepare for, or adapt to conditions or withstand, respond to, or recover rapidly from disruptions, including the ability— (A) (i) to resist hazards or withstand impacts from weather events and natural disasters; or (ii) to reduce the magnitude or duration of impacts of a disruptive weather event or natural disaster on a project; and (B) to have the absorptive capacity, adaptive capacity, and recoverability to decrease project vulnerability …

“rural areas” applies throughout this title

The term “rural areas” means all areas of a State not included in urban areas. (26) Safety improvement project .—

“safety improvement project” applies throughout this title

The term “safety improvement project” means a strategy, activity, or project on a public road that is consistent with the State strategic highway safety plan and corrects or improves a roadway feature that constitutes a hazard to road users or addresses a highway safety problem. (27) Secretary .—

“Secretary” applies throughout this title

The term “Secretary” means Secretary of Transportation. (28) State .—

“State” applies throughout this title

The term “State” means any of the 50 States, the District of Columbia, or Puerto Rico. (29) State funds .—

“State funds” applies throughout this title

The term “State funds” includes funds raised under the authority of the State or any political or other subdivision thereof, and made available for expenditure under the direct control of the State transportation department. (30) State strategic highway safety plan .—

“State strategic highway safety plan” applies throughout this title

The term “State strategic highway safety plan” has the same meaning given such term in section 148(a). (31) State transportation department .—

“State transportation department” applies throughout this title

The term “State transportation department” means that department, commission, board, or official of any State charged by its laws with the responsibility for highway construction. (32) Transportation systems management and operations .— (A) In general .—

“transportation systems management and operations” applies throughout this title

The term “transportation systems management and operations” means integrated strategies to optimize the performance of existing infrastructure through— (i) the implementation of multimodal and intermodal, cross-jurisdictional systems, services, and projects designed to preserve capacity and improve security, safety, and reliability of the transportation system; and (ii) the consideration of incorporating natural infrastructure. (B) Inclusions .—

“tribal transportation facility” applies throughout this title

The term “tribal transportation facility” means a public highway, road, bridge, trail, or transit system that is located on or provides access to tribal land and appears on the national tribal transportation facility inventory described in section 202(b)(1). (34) Truck stop electrification system .—

“truck stop electrification system” applies throughout this title

The term “truck stop electrification system” means a system that delivers heat, air conditioning, electricity, or communications to a heavy-duty vehicle. (35) Urban area .—

“urban area” applies throughout this title

The term “urban area” means an urbanized area or, in the case of an urbanized area encompassing more than one State, that part of the urbanized area in each such State, or urban place as designated by the Bureau of the Census having a population of 5,000 or more and not within any urbanized area, within boundaries to be fixed by responsible State and local officials in cooperation with each other, subject to approval by the Secretary. Such boundaries shall encompass, at a minimum, the entire urban place designated by the Bureau of the Census, except in the case of cities in the State of Maine and in the State of New Hampshire. (36) Urbanized area .—

“urbanized area” applies throughout this title

The term “urbanized area” means an area with a population of 50,000 or more designated by the Bureau of the Census, within boundaries to be fixed by responsible State and local officials in cooperation with each other, subject to approval by the Secretary. Such boundaries shall encompass, at a minimum, the entire urbanized area within a State as designated by the Bureau of the Census. (b) Declaration of Policy.— (1) Acceleration of construction of federal-aid highway systems .— Congress declares that it is in the national interest to accelerate the construction of Federal-aid highway systems, including the Dwight D.

“base apportionment” applies in that section

the term “base apportionment” means the combined amount authorized for appropriation for the national highway performance program under section 119, the surface transportation block grant program under section 133, the highway safety improvement program under section 148, the congestion mitigation and air quality improvement program under section 149, the national highway freight program under section 167, the carbon reduction program under section 175, to carry out subsection (c) of the PROTECT program under section 176, and to carry out section 134.

“advanced modeling technology” applies in that section

the term “advanced modeling technology” means an available or developing technology, including 3-dimensional digital modeling, that can— (A) accelerate and improve the environmental review process; (B) increase effective public participation; (C) enhance the detail and accuracy of project designs; (D) increase safety; (E) accelerate construction, and reduce construction costs; or (F) otherwise expedite project delivery with respect to transportation projects that receive Federal funding.

“life-cycle cost analysis” applies in that section

the term “life-cycle cost 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 costs, reconstruction, rehabilitation, restoring, and resurfacing costs, over the life of the project segment. (g) Oversight Program.— (1) Establishment.— (A) In general .— The Secretary shall establish an oversight program to monitor the effective and efficient use of funds authorized to carry out this title. (B) Minimum requirement .— At a minimum, the program shall be responsive to all areas relating to financial integrity and project delivery.

“value engineering analysis” applies in that section

the term “value engineering analysis” means a systematic process of review and analysis of a project, during the planning and design phases, by a multidisciplinary team of persons not involved in the project, that is conducted to provide recommendations such as those described in subparagraph (B) for— (i) providing the needed functions safely, reliably, and at the lowest overall lifecycle cost; (ii) improving the value and quality of the project; and (iii) reducing the time to complete the project.

“acquisition of a real property interest” applies in that section

the term “acquisition of a real property interest” includes the acquisition of— (A) any interest in land; (B) a contractual right to acquire any interest in land; or (C) any other similar action to acquire or preserve rights-of-way for a transportation facility. (2) Authorization .— The Secretary may authorize the use of funds apportioned to a State under this title for the acquisition of a real property interest by a State.

“right-of-way” applies in that section

the term “right-of-way” means any real property, or interest therein, acquired, dedicated, or reserved for the construction, operation, and maintenance of a highway. (m) Protection of Nonmotorized Transportation Traffic .— The Secretary shall not approve any project or take any regulatory action under this title that will result in the severance of an existing major route or have significant adverse impact on the safety for nonmotorized transportation traffic and light motorcycles, unless such project or regulatory action provides for a reasonable alternate route or such a route exists.

“utility facility” applies in that section

the term “utility facility” means any privately, publicly, or cooperatively owned line, facility, or system for producing, transmitting, or distributing communications, power, electricity, light, heat, gas, oil, crude products, water, steam, waste, storm water not connected with highway drainage, or any other similar commodity, including any fire or police signal system or street lighting system, which directly or indirectly serves the public; and;

“design-build contract” applies in that section

the term “design-build contract” means an agreement that provides for design and construction of a project by a contractor, regardless of whether the agreement is in the form of a design-build contract, a franchise agreement, or any other form of contract approved by the Secretary. (4) Method of contracting.— (A) In general.— (i) 2- phase contract .— A contracting agency may award a 2-phase contract to a construction manager or general contractor for preconstruction and construction services.

“positive protective measures” applies in that section

the term “positive protective measures” means temporary traffic barriers, crash cushions, and other strategies to avoid traffic accidents in work zones, including full road closures.

“pavement preservation programs and activities” applies in that section

The term “pavement preservation programs and activities” means programs and activities employing a network level, long-term strategy that enhances pavement performance by using an integrated, cost-effective set of practices that extend pavement life, improve safety, and meet road user expectations. (b) It shall be the duty of the State transportation department or other direct recipient to maintain, or cause to be maintained, any project constructed under the provisions of this chapter or constructed under the provisions of prior Acts.

“preventive maintenance” applies in that section

The term “preventive maintenance” includes pavement preservation programs and activities. (2) Pavement preservation programs and activities .—

“multistate corridor organization” applies in that section

the term “multistate corridor organization” means an organization of a group of States developed through cooperative agreements, coalitions, or other arrangements to promote regional cooperation, planning, and shared project implementation for programs and projects to improve transportation system management and operations for a shared transportation corridor.

“rural area” applies in that section

the term “rural area” means an area that is outside an urbanized area with a population of over 200,000. (j) Federal Assistance.— (1) Federal share.— (A) In general .— Except as provided in subparagraph (B) or for a grant under subsection (q), the Federal share of the cost of a project assisted with a grant under this section may not exceed 60 percent. (B) Small projects .— In the case of a project described in subsection (e)(1), the Federal share of the cost of the project shall be 80 percent.

“critical infrastructure” applies in that section

the term “critical infrastructure” means those facilities the incapacity or failure of which would have a debilitating impact on national or regional economic security, national or regional energy security, national or regional public health or safety, or any combination of those matters. (2) Consideration .— The asset management plan of a State may include consideration of critical infrastructure from among those facilities in the State that are eligible under subsection (c). (3) Risk reduction .— A State may use funds apportioned under this section for projects intended to reduce the risk of failure of critical infrastructure in the State.

“non-Federal transportation capital expenditures” applies in that section

the term “non-Federal transportation capital expenditures” includes any payments made by the State for issuance of transportation-related bonds. (3) Treatment.— (A) Limitation on liability .— Use of a credit for a non-Federal share under this subsection that is received from a public, quasi-public, or private agency— (i) shall not expose the agency to additional liability, additional regulation, or additional administrative oversight; and (ii) shall not subject the agency to any additional Federal design standards or laws (including regulations) as a result of providing the non-Federal share other than those to which the agency is already subject.

“safety rest area” applies in that section

the term “safety rest area” means an area where motor vehicle operators can park their vehicles and rest, where food, fuel, and lodging services are not available, and that is located on a segment of highway with respect to which the Secretary determines there is a shortage of public and private areas at which motor vehicle operators can park their vehicles and rest. (2) CMAQ projects .— The Federal share payable on account of a project or program carried out under section 149 with funds obligated in fiscal year 2008 or 2009, or both, shall be not less than 80 percent and, at the discretion of the State, may be up to 100 percent of the cost thereof.

“eligible debt financing instrument” applies in that section

the term “eligible debt financing instrument” means a bond or other debt financing instrument, including a note, certificate, mortgage, or lease agreement, issued by a State or political subdivision of a State or a public authority, the proceeds of which are used for an eligible project under this title.

“cost of relocation” applies in that section

The term “cost of relocation” includes the entire amount paid by a utility properly attributable to the relocation of a utility facility, minus any increase in the value of the new facility and any salvage value derived from the old facility. (2) Early utility relocation project .—

“early utility relocation project” applies in that section

The term “early utility relocation project” means utility relocation activities identified by the State for performance before completion of the environmental review process for the transportation project. (3) Environmental review process .—

“environmental review process” applies in that section

The term “environmental review process” has the meaning given the term in section 139(a). (4) Transportation project .—

“transportation project” applies in that section

The term “transportation project” means a project. (5) Utility facility .—

“utility facility” applies in that section

The term “utility facility” means any privately, publicly, or cooperatively owned line, facility, or system for producing, transmitting, or distributing communications, power, electricity, light, heat, gas, oil, crude products, water, steam, waste, stormwater not connected with highway drainage, or any other similar commodity, including any fire or police signal system or street lighting system, that directly or indirectly serves the public. (6) Utility relocation activity .—

“utility relocation activity” applies in that section

The term “utility relocation activity” means an activity necessary for the relocation of a utility facility, including preliminary and final design, surveys, real property acquisition, materials acquisition, and construction. (b) Reimbursement to States.— (1) In general .— If a State pays for the cost of relocation of a utility facility necessitated by the construction of a transportation project, Federal funds may be used to reimburse the State for the cost of relocation in the same proportion as Federal funds are expended on the transportation project.

“eligible project” applies in that section

The term “eligible project” means a project to replace, rehabilitate, preserve, or protect 1 or more bridges on the National Bridge Inventory under section 144(b). (B) Inclusions .—

“large project” applies in that section

The term “large project” means an eligible project with total eligible project costs of greater than $100,000,000. (3) Program .—

“program” applies in that section

The term “program” means the bridge investment program established by subsection (b)(1). (b) Establishment of Bridge Investment Program.— (1) In general .— There is established a bridge investment program to provide financial assistance for eligible projects under this section.

“comparable facility” applies in that section

the term “comparable facility” means a facility that— (i) meets the current geometric and construction standards required for the types and volume of traffic that the facility will carry over its design life; and (ii) incorporates economically justifiable improvements that will mitigate the risk of recurring damage from extreme weather, flooding, and other natural disasters. (B) Limitation .— The total cost of a project funded under this section may not exceed the cost of repair or reconstruction of a comparable facility.

“open to public travel” applies in that section

The term “open to public travel” means, with respect to a road, that, except during scheduled periods, extreme weather conditions, or emergencies, the road— (i) is maintained; (ii) is open to the general public; and (iii) can accommodate travel by a standard passenger vehicle, without restrictive gates or prohibitive signs or regulations, other than for general traffic control or restrictions based on size, weight, or class of registration. (B) Standard passenger vehicle .—

“standard passenger vehicle” applies in that section

The term “standard passenger vehicle” means a vehicle with 6 inches of clearance from the lowest point of the frame, body, suspension, or differential to the ground. (2) Expenditure of funds .— Notwithstanding subsection (d)(1), the Secretary may expend funds from the emergency fund authorized by this section, independently or in cooperation with any other branch of the Federal Government, a State agency, a tribal government, an organization, or a person, for the repair or reconstruction of tribal transportation facilities, Federal lands transportation facilities, and other federally owned roads that are open to public travel, whether or not those facilities are Federal-aid highways.

“covered agricultural vehicle” applies in that section

the term “covered agricultural vehicle” means a vehicle that is transporting unprocessed agricultural crops used for food, feed or fiber, or raw or unfinished forest products, including logs, pulpwood, biomass or wood chips.

“covered heavy-duty tow and recovery vehicle” applies in that section

the term “covered heavy-duty tow and recovery vehicle” means a vehicle that— (A) is transporting a disabled vehicle from the place where the vehicle became disabled to the nearest appropriate repair facility; and (B) has a gross vehicle weight that is equal to or exceeds the gross vehicle weight of the disabled vehicle being transported.

“covered logging vehicle” applies in that section

the term “covered logging vehicle” means a vehicle that— (A) is transporting raw or unfinished forest products, including logs, pulpwood, biomass, or wood chips; (B) has a gross vehicle weight of not more than 98,000 pounds; (C) has not less than 6 axles; and (D) is operating on a segment of Interstate Route 39 in the State of Wisconsin from mile marker 175.8 to mile marker 189.

“emergency vehicle” applies in that section

the term “emergency vehicle” means a vehicle designed to be used under emergency conditions— (A) to transport personnel and equipment; and (B) to support the suppression of fires and mitigation of other hazardous situations. (s) Natural Gas and Electric Battery Vehicles .— A vehicle, if operated by an engine fueled primarily by natural gas or powered primarily by means of electric battery power, may exceed the weight limit on the power unit by up to 2,000 pounds (up to a maximum gross vehicle weight of 82,000 pounds) under this section.

“longer combination vehicle” applies in that section

the term “longer combination vehicle” means any combination of a truck tractor and 2 or more trailers or semitrailers which operates on the Interstate System at a gross vehicle weight greater than 80,000 pounds. (5) Regulations regarding minor adjustments .— Not later than 180 days after the date of the enactment of this subsection, the Secretary shall issue regulations establishing criteria for the States to follow in making minor adjustments under paragraph (1)(B).

“materials and equipment” applies in that section

the term “materials and equipment” means materials and equipment that are used on a project eligible under this chapter.

“ocean transport container” applies in that section

the term “ocean transport container” has the meaning given the term “freight container” by the International Standards Organization in Series 1, Freight Containers, 3rd Edition (reference number IS0668–1979(E)) as in effect on the date of the enactment of this subsection.

“eligible entity” applies in that section

The term “eligible entity” means any of the following: (i) A State, for the purpose of carrying out a project in an urbanized area with a population of more than 1,000,000. (ii) A metropolitan planning organization, city, or municipality, for the purpose of carrying out a project in an urbanized area with a population of more than 1,000,000. (B) Integrated congestion management system .—

“high occupancy vehicle” applies in that section

The term “high occupancy vehicle” or “HOV” means a vehicle with not fewer than 2 occupants. (B) Initial construction.— (i) In general .—

“HOV” applies in that section

The term “high occupancy vehicle” or “HOV” means a vehicle with not fewer than 2 occupants. (B) Initial construction.— (i) In general .—

“initial construction” applies in that section

The term “initial construction” means the construction of a highway, bridge, tunnel, or other facility at any time before it is open to traffic. (ii) Exclusions .— The term “initial construction” does not include any improvement to a highway, bridge, tunnel, or other facility after it is open to traffic. (C) Over-the-road bus .—

“integrated congestion management system” applies in that section

The term “integrated congestion management system” means a system for the integration of management and operations of a regional transportation system that includes, at a minimum, traffic incident management, work zone management, traffic signal timing, managed lanes, real-time traveler information, and active traffic management, in order to maximize the capacity of all facilities and modes across the applicable region. (C) Program .—

“over-the-road bus” applies in that section

The term “over-the-road bus” has the meaning given the term in section 301 of the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12181 ). (D) Public authority .—

“program” applies in that section

The term “program” means the congestion relief program established under paragraph (2). (2) Establishment .— The Secretary shall establish a congestion relief program to provide discretionary grants to eligible entities to advance innovative, integrated, and multimodal solutions to congestion relief in the most congested metropolitan areas of the United States.

“public authority” applies in that section

The term “public authority” means a State, interstate compact of States, or public entity designated by a State. (E) Toll facility .—

“toll facility” applies in that section

The term “toll facility” means a toll highway, bridge, or tunnel or approach to the highway, bridge, or tunnel constructed under this subsection. (b) Notwithstanding the provisions of section 301 of this title , the Secretary may permit Federal participation under this title in the construction of a project constituting an approach to a ferry, whether toll or free, the route of which is a public road and has not been designated as a route on the Interstate System.

“Federal-aid primary system” applies in that section

the terms “primary system” and “Federal-aid primary system” mean the Federal-aid primary system in existence on June 1, 1991 , and any highway which is not on such system but which is on the National Highway System.

“free coffee” applies in that section

the term “free coffee” shall include coffee for which a donation may be made, but is not required. (d) In order to promote the reasonable, orderly and effective display of outdoor advertising while remaining consistent with the purposes of this section, signs, displays, and devices whose size, lighting and spacing, consistent with customary use is to be determined by agreement between the several States and the Secretary, may be erected and maintained within six hundred and sixty feet of the nearest edge of the right-of-way within areas adjacent to the Interstate and primary systems which are zoned industrial or commercial under authority of State law, or in unzoned commercial or industrial …

“primary system” applies in that section

the terms “primary system” and “Federal-aid primary system” mean the Federal-aid primary system in existence on June 1, 1991 , and any highway which is not on such system but which is on the National Highway System.

“eligible entity” applies in that section

the term “eligible entity” means— (i) a local government; (ii) a regional transportation authority; (iii) a transit agency; (iv) a natural resource or public land agency; (v) a school district, local education agency, or school; (vi) a tribal government; (vii) a metropolitan planning organization that serves an urbanized area with a population of 200,000 or fewer; (viii) a nonprofit entity; (ix) any other local or regional governmental entity with responsibility for or oversight of transportation or recreational trails (other than a metropolitan planning organization that serves an urbanized area with a population of over 200,000 or a State agency) that the State determines to be eligible, …

“off-system bridge” applies in that section

the term “off-system bridge” means a highway bridge or low water crossing (as defined by the Secretary) located on a public road, other than a bridge or low water crossing (as defined by the Secretary) on a Federal-aid highway.

“Bi-State MPO Region” applies in that section

the term “Bi-State MPO Region” has the meaning given the term “region” in subsection (a) of Article II of the Lake Tahoe Regional Planning Compact ( Public Law 96–551 ; 94 Stat. 3234 ). (2) Treatment .— For the purpose of this title, the Bi-State MPO Region shall be treated as— (A) a metropolitan planning organization; (B) a transportation management area under subsection (k); and (C) an urbanized area, which is comprised of a population of 145,000 in the State of California and a population of 65,000 in the State of Nevada.

“metropolitan planning area” applies in that section

The term “metropolitan planning area” means the geographic area determined by agreement between the metropolitan planning organization for the area and the Governor under subsection (e). (2) Metropolitan planning organization .—

“metropolitan planning organization” applies in that section

The term “metropolitan planning organization” means the policy board of an organization established as a result of the designation process under subsection (d). (3) Nonmetropolitan area .—

“nonmetropolitan area” applies in that section

The term “nonmetropolitan area” means a geographic area outside designated metropolitan planning areas. (4) Nonmetropolitan local official .—

“nonmetropolitan local official” applies in that section

The term “nonmetropolitan local official” means elected and appointed officials of general purpose local government in a nonmetropolitan area with responsibility for transportation. (5) Regional transportation planning organization .—

“regional transportation planning organization” applies in that section

The term “regional transportation planning organization” means a policy board of an organization established as the result of a designation under section 135(m). (6) TIP .—

“TIP” applies in that section

The term “TIP” means a transportation improvement program developed by a metropolitan planning organization under subsection (j). (7) Urbanized area .—

“urbanized area” applies in that section

The term “urbanized area” means a geographic area with a population of 50,000 or more, as determined by the Bureau of the Census. (c) General Requirements.— (1) Development of long-range plans and tips .— To accomplish the objectives in subsection (a), metropolitan planning organizations designated under subsection (d), in cooperation with the State and public transportation operators, shall develop long-range transportation plans and transportation improvement programs through a performance-driven, outcome-based approach to planning for metropolitan areas of the State.

“automobile graveyard” applies in that section

The term “automobile graveyard” shall mean any establishment or place of business which is maintained, used, or operated for storing, keeping, buying, or selling wrecked, scrapped, ruined, or dismantled motor vehicles or motor vehicle parts.;

“Federal-aid primary system” applies in that section

the terms “primary system” and “Federal-aid primary system” mean any highway that is on the National Highway System, which includes the Interstate Highway System.

“junk” applies in that section

The term “junk” shall mean old or scrap copper, brass, rope, rags, batteries, paper, trash, rubber debris, waste, or junked, dismantled, or wrecked automobiles, or parts thereof, iron, steel, and other old or scrap ferrous or nonferrous material.;

“junkyard” applies in that section

The term “junkyard” shall mean an establishment or place of business which is maintained, operated, or used for storing, keeping, buying, or selling junk, or for the maintenance or operation of an automobile graveyard, and the term shall include garbage dumps and sanitary fills.

“primary system” applies in that section

the terms “primary system” and “Federal-aid primary system” mean any highway that is on the National Highway System, which includes the Interstate Highway System.

“agency” applies in that section

The term “agency” means any agency, department, or other unit of Federal, State, local, or Indian tribal government. (2) Authorization .—

“authorization” applies in that section

The term “authorization” means any environmental license, permit, approval, finding, or other administrative decision related to the environmental review process that is required under Federal law to site, construct, or reconstruct a project. (3) Environmental document .—

“covered project” applies in that section

the term “covered project” means a project— (A) that has an ongoing environmental impact statement under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq.); and (B) for which at least 2 years, beginning on the date on which a notice of intent is issued, have elapsed without the issuance of a record of decision.

“environmental document” applies in that section

The term “environmental document” includes an environmental assessment, finding of no significant impact, notice of intent, environmental impact statement, or record of decision under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq.). (4) Environmental impact statement .—

“environmental impact statement” applies in that section

The term “environmental impact statement” means the detailed statement of environmental impacts required to be prepared under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq.). (5) Environmental review process.— (A) In general .—

“environmental review process” applies in that section

The term “environmental review process” means the process for preparing for a project an environmental impact statement, environmental assessment, categorical exclusion, or other document prepared under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq.). (B) Inclusions .—

“lead agency” applies in that section

The term “lead agency” means the Department of Transportation and, if applicable, any State or local governmental entity serving as a joint lead agency pursuant to this section. (7) Major project.— (A) In general .—

“major project” applies in that section

The term “major project” means a project for which— (i) multiple permits, approvals, reviews, or studies are required under a Federal law other than the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq.); (ii) the project sponsor has identified the reasonable availability of funds sufficient to complete the project; (iii) the project is not a covered project (as defined in section 41001 of the FAST Act ( 42 U.S.C.

“multimodal project” applies in that section

The term “multimodal project” means a project that requires the approval of more than 1 Department of Transportation operating administration or secretarial office. (9) Project.— (A) In general .—

“project” applies in that section

The term “project” means any highway project, public transportation capital project, or multimodal project that, if implemented as proposed by the project sponsor, would require approval by any operating administration or secretarial office within the Department of Transportation. (B) Considerations .— In determining whether a project is a project under subparagraph (A), the Secretary shall take into account, if known, any sources of Federal funding or financing identified by the project sponsor, including any discretionary grant, loan, and loan guarantee programs administered by the Department of Transportation. (10) Project sponsor .—

“project sponsor” applies in that section

The term “project sponsor” means the agency or other entity, including any private or public-private entity, that seeks approval of the Secretary for a project. (11) State transportation department .—

“State transportation department” applies in that section

The term “State transportation department” means any statewide agency of a State with responsibility for one or more modes of transportation. (b) Applicability.— (1) In general .— The project development procedures in this section are applicable to all projects, including major projects, for which an environmental impact statement is prepared under the National Environmental Policy Act ( 42 U.S.C. 4321 et seq.) of 1969 and may be applied, as requested by a project sponsor and to the extent determined appropriate by the Secretary, to other projects for which an environmental document is prepared pursuant to such Act.

“State” applies in that section

the term “State” means the 50 States and the District of Columbia. (b) Projects.— (1) In general .— The Secretary shall carry out highway use tax evasion projects in accordance with this subsection. (2) Funding.— (A) In general .— From administrative funds made available under section 104(a), the Secretary may deduct such sums as are necessary, not to exceed $4,000,000 for each of fiscal years 2022 through 2026, to carry out this section.

“eligible entity” applies in that section

the term “eligible entity” means an entity eligible to carry out a bridge project under section 119 or 133. (3) Bundling of bridge projects .— An eligible entity may bundle 2 or more similar bridge projects that are— (A) eligible projects under section 119 or 133; (B) included as a bundled project in a transportation improvement program under section 134(j) or a statewide transportation improvement program under section 135, as applicable; and (C) awarded to a single contractor or consultant pursuant to a contract for engineering and design or construction between the contractor and an eligible entity.

“historic bridge” applies in that section

the term “historic bridge” means any bridge that is listed on, or eligible for listing on, the National Register of Historic Places. (2) Coordination .— The Secretary shall, in cooperation with the States, encourage the retention, rehabilitation, adaptive reuse, and future study of historic bridges. (3) State inventory .— The Secretary shall require each State to complete an inventory of all bridges on and off Federal-aid highways to determine the historic significance of the bridges.

“carpool” applies in that section

the term “carpool” includes a vanpool.) Such a project may include, but is not limited to, such measures as providing carpooling opportunities to the elderly and handicapped, systems for locating potential riders and informing them of convenient carpool opportunities, acquiring vehicles appropriate for carpool use, designating existing highway lanes as preferential carpool highway lanes, providing related traffic control devices, and designating existing facilities for use as preferential parking for carpools.

“data improvement activities” applies in that section

The term “data improvement activities” means a project or activity to further the capacity of a State to make more informed and effective safety infrastructure investment decisions. (B) Inclusions .—

“high risk rural road” applies in that section

The term “high risk rural road” means any roadway functionally classified as a rural major or minor collector or a rural local road with significant safety risks, as defined by a State in accordance with an updated State strategic highway safety plan. (2) Highway basemap .—

“highway basemap” applies in that section

The term “highway basemap” means a representation of all public roads that can be used to geolocate attribute data on a roadway. (3) Highway safety improvement program .—

“highway safety improvement program” applies in that section

The term “highway safety improvement program” means projects, activities, plans, and reports carried out under this section. (4) Highway safety improvement project.— (A) In general .—

“highway safety improvement project” applies in that section

The term “highway safety improvement project” means strategies, activities, and projects on a public road that are consistent with a State strategic highway safety plan and— (i) correct or improve a hazardous road location or feature; or (ii) address a highway safety problem. (B) Inclusions .— The term “highway safety improvement project” only includes a project for 1 or more of the following: (i) An intersection safety improvement that provides for the safety of all road users, as appropriate, including a multimodal roundabout. (ii) Pavement and shoulder widening (including addition of a passing lane to remedy an unsafe condition).

“model inventory of roadway elements” applies in that section

The term “model inventory of roadway elements” means the listing and standardized coding by the Federal Highway Administration of roadway and traffic data elements critical to safety management, analysis, and decisionmaking. (6) Project to maintain minimum levels of retroreflectivity .—

“project to maintain minimum levels of retroreflectivity” applies in that section

The term “project to maintain minimum levels of retroreflectivity” means a project that is designed to maintain a highway sign or pavement marking retroreflectivity at or above the minimum levels prescribed in Federal or State regulations. (7) Road safety audit .—

“road safety audit” applies in that section

The term “road safety audit” means a formal safety performance examination of an existing or future road or intersection by an independent multidisciplinary audit team. (8) Road users .—

“road user” applies in that section

The term “road user” means a motorist, passenger, public transportation operator or user, truck driver, bicyclist, motorcyclist, or pedestrian, including a person with disabilities. (9) Safe system approach .—

“safe system approach” applies in that section

The term “safe system approach” means a roadway design— (A) that emphasizes minimizing the risk of injury or fatality to road users; and (B) that— (i) takes into consideration the possibility and likelihood of human error; (ii) accommodates human injury tolerance by taking into consideration likely accident types, resulting impact forces, and the ability of the human body to withstand impact forces; and (iii) takes into consideration vulnerable road users. (10) Safety data.— (A) In general .—

“safety data” applies in that section

The term “safety data” means crash, roadway, and traffic data on a public road. (B) Inclusion .—

“specified safety project” applies in that section

The term “specified safety project” means a project carried out for the purpose of safety under any other section of this title that is consistent with the State strategic highway safety plan. (B) Inclusion .—

“State highway safety improvement program” applies in that section

The term “State highway safety improvement program” means a program of highway safety improvement projects, activities, plans and reports carried out as part of the Statewide transportation improvement program under section 135(g). (13) State strategic highway safety plan .—

“State strategic highway safety plan” applies in that section

The term “State strategic highway safety plan” means a comprehensive plan, based on safety data, developed by a State transportation department that— (A) is developed after consultation with— (i) a highway safety representative of the Governor of the State; (ii) regional transportation planning organizations and metropolitan planning organizations, if any; (iii) representatives of major modes of transportation; (iv) State and local traffic enforcement officials; (v) a highway-rail grade crossing safety representative of the Governor of the State; (vi) representatives conducting a motor carrier safety program under section 31102, 31106, or 31309 of title 49; (vii) motor vehicle …

“systemic safety improvement” applies in that section

The term “systemic safety improvement” means an improvement that is widely implemented based on high-risk roadway features that are correlated with particular crash types, rather than crash frequency. (15) Vulnerable road user .—

“vulnerable road user” applies in that section

The term “vulnerable road user” means a nonmotorist— (A) with a fatality analysis reporting system person attribute code that is included in the definition of the term “number of non-motorized fatalities” in section 490.205 of title 23, Code of Federal Regulations (or successor regulations); or (B) described in the term “number of non-motorized serious injuries” in that section. (16) Vulnerable road user safety assessment .—

“vulnerable road user safety assessment” applies in that section

The term “vulnerable road user safety assessment” means an assessment of the safety performance of the State with respect to vulnerable road users and the plan of the State to improve the safety of vulnerable road users as described in subsection ( l ). (b) Program.— (1) In general .— The Secretary shall carry out a highway safety improvement program. (2) Purpose .— The purpose of the highway safety improvement program shall be to achieve a significant reduction in traffic fatalities and serious injuries on all public roads, including non-State-owned public roads and roads on tribal land.

“Administrator” applies in that section

The term “Administrator” means the Administrator of the Environmental Protection Agency. (B) Diesel replacement or retrofit .—

“diesel replacement or retrofit” applies in that section

The term “diesel replacement or retrofit” means a replacement or retrofit, repowering, rebuilding, after treatment, or other technology, as determined by the Administrator. (2) Emission reduction guidance .— The Administrator, in consultation with the Secretary, shall publish a list of diesel replacement or retrofit technologies and supporting technical information for— (A) diesel emission reduction technologies certified or verified by the Administrator, the California Air Resources Board, or any other entity recognized by the Administrator for the same purpose; (B) diesel emission reduction technologies identified by the Administrator as having an application and approvable test plan for …

“private entity” applies in that section

the term “private entity” means a corporation, partnership, company, or nonprofit organization. (2) Establishment .— Not later than 1 year after the date of enactment of the Surface Transportation Reauthorization Act of 2021, the Secretary shall establish a grant program to award grants to eligible entities to carry out the activities described in paragraph (6).

“motor vehicle” applies in that section

The term “motor vehicle” has the meaning such term has under section 154 1 of this title. (3) Passenger vehicle .—

“motorcycle” applies in that section

The term “motorcycle” means a motor vehicle which is designed to travel on not more than 3 wheels in contact with the surface. (2) Motor vehicle .—

“passenger vehicle” applies in that section

The term “passenger vehicle” means a motor vehicle which is designed for transporting 10 individuals or less, including the driver, except that such term does not include a vehicle which is constructed on a truck chassis, a motorcycle, a trailer, or any motor vehicle which is not required on the date of the enactment of this section under a Federal motor vehicle safety standard to be equipped with a belt system. (4) Safety belt .—

“safety belt” applies in that section

The term “safety belt” means— (A) with respect to open-body passenger vehicles, including convertibles, an occupant restraint system consisting of a lap belt or a lap belt and a detachable shoulder belt; and (B) with respect to other passenger vehicles, an occupant restraint system consisting of integrated lap shoulder belts. (j) Authorization of Appropriations .— There is authorized to be appropriated out of the Highway Trust Fund (other than the Mass Transit Account) to carry out this section $17,000,000 for fiscal year 1992.

“alcoholic beverage” applies in that section

The term “alcoholic beverage” has the meaning given the term in section 158(c). (2) Motor vehicle .—

“motor vehicle” applies in that section

The term “motor vehicle” means a vehicle driven or drawn by mechanical power and manufactured primarily for use on public highways, but does not include a vehicle operated exclusively on a rail or rails. (3) Open alcoholic beverage container .—

“open alcoholic beverage container” applies in that section

The term “open alcoholic beverage container” means any bottle, can, or other receptacle— (A) that contains any amount of alcoholic beverage; and (B) (i) that is open or has a broken seal; or (ii) the contents of which are partially removed. (4) Passenger area .— The term “passenger area” shall have the meaning given the term by the Secretary by regulation.

“categorical exclusion” applies in that section

The term “categorical exclusion” has the meaning given the term in section 771.117(c) of title 23, Code of Federal Regulations (or a successor regulation). (2) Documented categorical exclusion .—

“documented categorical exclusion” applies in that section

The term “documented categorical exclusion” has the meaning given the term in section 771.117(d) of title 23, Code of Federal Regulations (or a successor regulation). (3) Environmental assessment .—

“environmental assessment” applies in that section

The term “environmental assessment” has the meaning given the term in section 1508.1 of title 40, Code of Federal Regulations (or a successor regulation). (4) Environmental impact statement .—

“environmental impact statement” applies in that section

The term “environmental impact statement” means a detailed statement required under section 102(2)(C) of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4332(2)(C) ). (5) Federal agency .—

“Federal agency” applies in that section

The term “Federal agency” includes a State that has assumed responsibility under section 327. (6) NEPA process .—

“NEPA process” applies in that section

The term “NEPA process” means the entirety of the development and documentation of the analysis required under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq.), including the assessment and analysis of any impacts, alternatives, and mitigation of a proposed action, and any interagency participation and public involvement required to be carried out before the Secretary undertakes a proposed action. (7) Proposed action .—

“proposed action” applies in that section

The term “proposed action” means an action (within the meaning of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq.)) under this title that the Secretary proposes to carry out. (8) Reporting period .—

“reporting period” applies in that section

The term “reporting period” means the fiscal year prior to the fiscal year in which a report is issued under subsection (b). (9) Secretary .—

“Secretary” applies in that section

The term “Secretary” includes the governor or head of an applicable State agency of a State that has assumed responsibility under section 327. (b) Report on NEPA Data.— (1) In general .— The Secretary shall carry out a process to track, and annually 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 containing, the information described in paragraph (3).