(a)
(1)
(2)
(A) improve the safety, efficiency, and reliability of the movement of freight and people;
(B) generate national or regional economic benefits and an increase in the global economic competitiveness of the United States;
(C) reduce highway congestion and bottlenecks;
(D) improve connectivity between modes of freight transportation;
(E) enhance the resiliency of critical highway infrastructure and help protect the environment;
(F) improve roadways vital to national energy security; and
(G) address the impact of population growth on the movement of people and freight.
(b)
(1)
(2)
(c)
(1)
(A) A State or a group of States.
(B) A metropolitan planning organization that serves an urbanized area (as defined by the Bureau of the Census) with a population of more than 200,000 individuals.
(C) A unit of local government or a group of local governments.
(D) A political subdivision of a State or local government.
(E) A special purpose district or public authority with a transportation function, including a port authority.
(F) A Federal land management agency that applies jointly with a State or group of States.
(G) A tribal government or a consortium of tribal governments.
(H) A multistate or multijurisdictional group of entities described in this paragraph.
(2)
(d)
(1)
(A) is—
(i) a highway freight project carried out on the National Highway Freight Network established under section 167;
(ii) a highway or bridge project carried out on the National Highway System, including—
(I) a project to add capacity to the Interstate System to improve mobility; or
(II) a project in a national scenic area;
(iii) a freight project that is—
(I) a freight intermodal or freight rail project; or
(II) within the boundaries of a public or private freight rail, water (including ports), or intermodal facility and that is a surface transportation infrastructure project necessary to facilitate direct intermodal interchange, transfer, or access into or out of the facility; or
(iv) a railway-highway grade crossing or grade separation project; and
(B) has eligible project costs that are reasonably anticipated to equal or exceed the lesser of—
(i) $100,000,000; or
(ii) in the case of a project—
(I) located in 1 State, 30 percent of the amount apportioned under this chapter to the State in the most recently completed fiscal year; or
(II) located in more than 1 State, 50 percent of the amount apportioned under this chapter to the participating State with the largest apportionment under this chapter in the most recently completed fiscal year.
(2)
(A)
(i) the project will make a significant improvement to freight movements on the National Highway Freight Network; and
(ii) the Federal share of the project funds only elements of the project that provide public benefits.
(B)
(i) shall not apply to a railway-highway grade crossing or grade separation project; and
(ii) with respect to a multimodal project, shall apply only to the non-highway portion or portions of the project.
(e)
(1)
(2)
(3)
(A) the cost effectiveness of the proposed project; and
(B) the effect of the proposed project on mobility in the State and region in which the project is carried out.
(f)
(1) development phase activities, including planning, feasibility analysis, revenue forecasting, environmental review, preliminary engineering and design work, and other preconstruction activities; and
(2) construction, reconstruction, rehabilitation, acquisition of real property (including land related to the project and improvements to the land), environmental mitigation, construction contingencies, acquisition of equipment, and operational improvements directly related to improving system performance.
(g)
(1) the project will generate national or regional economic, mobility, or safety benefits;
(2) the project will be cost effective;
(3) the project will contribute to the accomplishment of 1 or more of the national goals described under section 150 of this title;
(4) the project is based on the results of preliminary engineering;
(5) with respect to related non-Federal financial commitments—
(A) 1 or more stable and dependable sources of funding and financing are available to construct, maintain, and operate the project; and
(B) contingency amounts are available to cover unanticipated cost increases;
(6) the project cannot be easily and efficiently completed without other Federal funding or financial assistance available to the project sponsor; and
(7) the project is reasonably expected to begin construction not later than 18 months after the date of obligation of funds for the project.
(h)
(1) utilization of nontraditional financing, innovative design and construction techniques, or innovative technologies;
(2) utilization of non-Federal contributions; and
(3) contributions to geographic diversity among grant recipients, including the need for a balance between the needs of rural and urban communities.
(i)
(1)
(2)
(3)
(j)
(1)
(2)
(3)
(k)
(l)
(m)
(1)
(A)
(B)
(2)
(n)
(1)
(2)
(A)
(B)
(i) the adequacy and fairness of the process by which each project was selected, if applicable; and
(ii) the justification and criteria used for the selection of each project, if applicable.
Editorial Notes
Prior Provisions
A prior section 117, added Pub. L. 105–178, title I, §1601(a), June 9, 1998, 112 Stat. 255; amended Pub. L. 106–346, §101(a) [title III, §363], Oct. 23, 2000, 114 Stat. 1356, 1356A-36; Pub. L. 109–59, title I, §1701(a)–(d), Aug. 10, 2005, 119 Stat. 1254–1256; Pub. L. 110–244, title I, §101(k), June 6, 2008, 122 Stat. 1574, related to high priority projects program, prior to repeal by Pub. L. 112–141, div. A, title I, §1519(b)(1)(A), July 6, 2012, 126 Stat. 575, effective Oct. 1, 2012.
Another prior section 117, Pub. L. 85–767, Aug. 27, 1958, 72 Stat. 897; Pub. L. 93–87, title I, §116(a), Aug. 13, 1973, 87 Stat. 258; Pub. L. 94–280, title I, §116, May 5, 1976, 90 Stat. 436; Pub. L. 97–449, §5(d)(1), Jan. 12, 1983, 96 Stat. 2442; Pub. L. 102–240, title I, §1016(f)(2), Dec. 18, 1991, 105 Stat. 1946, related to certification acceptance, prior to repeal by Pub. L. 105–178, title I, §1601(a), June 9, 1998, 112 Stat. 255.
Amendments
2020—Subsec. (d)(2)(A). Pub. L. 116–159 substituted "$600,000,000" for "$500,000,000" and "2021" for "2020" in introductory provisions.
Statutory Notes and Related Subsidiaries
Effective Date
Section effective Oct. 1, 2015, see section 1003 of Pub. L. 114–94, set out as an Effective Date of 2015 Amendment note under section 5313 of Title 5, Government Organization and Employees.