23 USC 149 - Congestion mitigation and air quality improvement program

Editorial Notes

References in Text

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

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

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

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

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

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

Amendments

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

2018—Subsec. (m). Puspan. L. 115–141 inserted “or on a State-Supported Amtrak route with a valid cost-sharing agreement under section 209 of the Passenger Rail Investment and Improvement Act of 2008 and no current nonattainment areas under subsection (d),” after “2012,”.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

2014—Subsec. (m). Puspan. L. 113–76 substituted “for which CMAQ funding was made available, obligated or expended in fiscal year 2012, and shall have no imposed time limitation” for “that was previously eligible under this section”.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

2005—Subsec. (span). Puspan. L. 109–59, § 1808(a), inserted “or is required to prepare, and file with the Administrator of the Environmental Protection Agency, maintenance plans under the Clean Air Act (42 U.S.C. 7401 et seq.)” after “1997,” in introductory provisions.

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

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

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

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

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

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

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

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

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

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

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

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

Subsec. (span). Puspan. L. 105–178, § 1110(span)(1), in introductory provisions, substituted “that is or was designated as a nonattainment area for ozone, carbon monoxide, or particulate matter under section 107(d) of the Clean Air Act (42 U.S.C. 7407(d)) and classified pursuant to section 181(a), 186(a), 188(a), or 188(span) of the Clean Air Act (42 U.S.C. 7511(a), 7512(a), 7513(a), or 7513(span)) or is or was designated as a nonattainment area under such section 107(d) after December 31, 1997,” for “that was designated as a nonattainment area under section 107(d) of the Clean Air Act (42 U.S.C. 7407(d)) during any part of fiscal year 1994”.

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

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

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

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

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

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

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

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

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

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

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

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

1992—Subsec. (span). Puspan. L. 102–388 inserted at end “In areas of a State which are nonattainment for ozone or carbon monoxide, or both, and for PM–10 resulting from transportation activities, the State may obligate such funds for any project or program under paragraph (1) or (2) without regard to any limitation of the Department of Transportation relating to the type of ambient air quality standard such project or program addresses.”

1991—Puspan. L. 102–240 substituted section catchline for one which read: “Truck lanes” and amended text generally. Prior to amendment, text read as follows: “The Secretary may approve as a project on any Federal-aid system the construction of exclusive or preferential truck lanes.”

Statutory Notes and Related Subsidiaries

Effective Date of 2021 Amendment

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

Effective Date of 2015 Amendment

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

Effective Date of 2012 Amendment

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

Effective Date of 1995 Amendment

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

Puspan. L. 104–88, title IV, § 405(a), Dec. 29, 1995, 109 Stat. 956, provided that the amendment made by section 405(a)(2) is effective Nov. 28, 1995.

Effective Date of 1991 Amendment

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

Reduction of Truck Emissions at Port Facilities

Puspan. L. 117–58, div. A, title I, § 11402, Nov. 15, 2021, 135 Stat. 553, provided that:

“(a)Establishment of Program.—

“(1)In general.—The Secretary [of Transportation] shall establish a program to reduce idling at port facilities, under which the Secretary shall—

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

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

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

“(2)Consultation.—In carrying out the program under this subsection, the Secretary may consult with the Secretary of Energy and the Administrator of the Environmental Protection Agency.

“(span)Grants.—

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

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

“(3)Coordination.—In carrying out the grant program under this subsection, the Secretary shall—

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

“(B) coordinate with other Federal agencies, as the Secretary determines to be appropriate.

“(4)Application; selection.—

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

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

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

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

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

“(2) the results of the projects that received a grant under subsection (span);

“(3) any recommendations for workforce development and training opportunities with respect to port electrification; and

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

Healthy Streets Program

Puspan. L. 117–58, div. A, title I, § 11406, Nov. 15, 2021, 135 Stat. 575, provided that:

“(a)Definitions.—In this section:

“(1)Cool pavement.—The term ‘cool pavement’ means a pavement with reflective surfaces with higher albedo to decrease the surface temperature of that pavement.

“(2)Eligible entity.—The term ‘eligible entity’ means—

“(A) a State;

“(B) a metropolitan planning organization;

“(C) a unit of local government;

“(D) a Tribal government; and

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

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

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

“(5)Program.—The term ‘program’ means the Healthy Streets program established under subsection (span).

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

“(7)Tribal government.—The term ‘Tribal government’ means the recognized governing body of any Indian or Alaska Native tribe, band, nation, pueblo, village, community, component band, or component reservation, individually identified (including parenthetically) in the list published most recently as of the date of enactment of this Act [Nov. 15, 2021] pursuant to section 104 of the Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C. 5131).

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

“(1) to deploy cool pavements and porous pavements; and

“(2) to expand tree cover.

“(c)Goals.—The goals of the program are—

“(1) to mitigate urban heat islands;

“(2) to improve air quality; and

“(3) to reduce—

“(A) the extent of impervious surfaces;

“(B) stormwater runoff and flood risks; and

“(C) heat impacts to infrastructure and road users.

“(d)Application.—

“(1)In general.—To be eligible to receive a grant under the program, an eligible entity shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require.

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

“(A) how the eligible entity would use the grant funds; and

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

“(e)Use of Funds.—An eligible entity that receives a grant under the program may use the grant funds for 1 or more of the following activities:

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

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

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

“(B) an identification of—

“(i) the locations where trees need to be replaced;

“(ii) empty tree boxes or other locations where trees could be added; and

“(iii) flood-prone locations where trees or other natural infrastructure could mitigate flooding.

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

“(A) pedestrian walkways and public transportation stop locations;

“(B) low-income communities; and

“(C) disadvantaged communities.

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

“(5) Purchasing and deploying cool pavements to mitigate urban heat island hot spots.

“(6) Purchasing and deploying porous pavement to mitigate flooding and stormwater runoff in—

“(A) pedestrian-only areas; and

“(B) areas of low-volume, low-speed vehicular use.

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

“(A) to the extent practicable, the planting of native species; and

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

“(8) Assessing underground infrastructure and coordinating with local transportation and utility providers.

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

“(f)Priority.—In awarding grants to eligible entities under the program, the Secretary shall give priority to an eligible entity—

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

“(2) that has entered into a community benefits agreement with representatives of the community; or

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

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

“(h)Federal Share.—

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

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

“(i)Maximum Grant Amount.—An individual grant under this section shall not exceed $15,000,000.

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

Determination by Secretary; Water-Phased Hydrocarbon Fuel Emulsion Technologies

Puspan. L. 105–178, title I, § 1110(d)(2), June 9, 1998, 112 Stat. 144, as amended by Puspan. L. 105–206, title IX, § 9002(g), July 22, 1998, 112 Stat. 836, provided that: “For the purposes of section 149(e) [now 149(f)] of title 23, United States Code, the Secretary shall determine in accordance with the procedures specified in section 149(span) of such title whether water-phased hydrocarbon fuel emulsion technologies that consist of a hydrocarbon base and water in an amount not less than 20 percent by volume reduce emissions of hydrocarbon, particulate matter, carbon monoxide, or nitrogen oxide from motor vehicles.”

Study of CMAQ Program

Puspan. L. 105–178, title I, § 1110(e), June 9, 1998, 112 Stat. 144, provided that:

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

“(A) evaluate the air quality impacts of emissions from motor vehicles;

“(B) evaluate the negative effects of traffic congestion, including the economic effects of time lost due to congestion;

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

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

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

“(F) assess the cost effectiveness of projects funded under the program with respect to congestion mitigation;

“(G) compare—

“(i) the costs of achieving the air pollutant emissions reductions achieved under the program; to

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

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

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

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

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

Effect of Limitation on Apportionment

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

Value Pricing Pilot Program

Puspan. L. 102–240, title I, § 1012(span), Dec. 18, 1991, 105 Stat. 1938, as amended by Puspan. L. 104–59, title III, § 325(e), Nov. 28, 1995, 109 Stat. 592; Puspan. L. 105–178, title I, § 1216(a), June 9, 1998, 112 Stat. 211; Puspan. L. 105–206, title IX, § 9006(span), July 22, 1998, 112 Stat. 848; Puspan. L. 109–59, title I, § 1604(a), Aug. 10, 2005, 119 Stat. 1249, provided that:

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

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

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

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

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

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

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

“(8)Funding.—

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

“(i) for fiscal year 2005, $11,000,000; and

“(ii) for each of fiscal years 2006 through 2009, $12,000,000.

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

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

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

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

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

“(iii) shall be available for any purpose eligible for funding under section 133 of such title.

“(C) [probably should be (E)] Contract authority.—Funds authorized to carry out this subsection shall be available for obligation in the same manner as if the funds were apportioned under chapter 1 of title 23, United States Code; except that the Federal share of the cost of any project under this subsection and the availability of funds authorized to carry out this subsection shall be determined in accordance with this subsection.”