Federal Funding for Transportation under MAP-21
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Presentation by Steve Healow with the Federal Highway Administration on federal transportation initiatives at the California Asphalt Pavement Association Spring Conference April 25, 2013 in Ontario, CA.
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Federal Funding for Transportation under MAP-21
- 1. Federal Funding for Transportation under MAP-21 California Asphalt Pavement Association Spring Conference Ontario, CA April 25, 2013
- 2. Overview • MAP-21 overview • Projected spending • Performance Management • Asset Management • Enhanced National Highway System (NHS) • Individual Programs
- 3. MAP-21 major themes • “…First major overhaul of surface transportation legislation since ISTEA (1991)…” • The Federal-aid highway program enters the era of Performance Management – Performance measures established by USDOT after consultation with State DOTs, MPOs – Target values established by State DOTs, MPOs – Asset Management Plans for the NHS prepared by State DOTs • Not as complex as previous surface transportation re-authorization legislation – < 600 pages – No earmarks – Fewer programs and fewer (larger) pots of money – Emphasis on accelerated project delivery (e.g. Every Day Counts, Environmental Clearances) Focus on the National Highway System Focus on Freight
- 4. MAP-21 Program SAFETEA-LU Program Obligation limit for FY2013 % of total MAP-21 Section National Highway Performance (NHPP) NHS, IM, Bridge (portion), $21.8B 58% 1106 Surface Transportation (STP) Any bridge*, any F/A highway, ferry boats, border infrastructure, truck parking, etc. $10B 27% 1108 CMAQ CMAQ $2.21B 5.9% 1113 Highway Safety Improvement (HSIP) HSIP, high-risk rural roads $2.4B 6.4% 1112 Transportation Alternatives Transportation Enhancement, Rec. Trails, Safe Routes to Schools $809M 2.1% 1122 * Includes new set-aside for off-system bridges
- 5. FY 2013 Highway Trust Fund Allocations
- 6. The Enhanced NHS includes all local principle arterials, urban and rural
- 9. National Highway Performance Program (NHPP) § 1106 Purposes: • (1) to provide support for the condition and performance of the National Highway System (NHS); • (2) to provide support for the construction of new facilities on the NHS; and • (3) to ensure that investments of Federal-aid funds in highway construction are directed to support progress toward the achievement of performance targets established in a State DOT's Asset Management Plan for the NHS.
- 10. What is asset management? • Asset management is a strategic and systematic process of operating, maintaining, and improving physical assets, with a focus on 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.
- 11. National Highway Performance Program (§ 1106), • Requires State DOTs to develop a risk-based Asset Management Plan for (at a minimum) pavements and bridges on the NHS and include – Inventory and description; – Objectives and measures; – Performance gap identification; – Life-cycle cost and risk management analysis; – Financial plan; – Investment strategies; • Rulemaking Oct. 1, 2012 -April 1, 2014 will establish the process to develop the State Asset Management Plan for the NHS; • Oct. 1, 2015 (approx.) deadline for State DOTs to present their Plans, including performance targets; • State DOTs will report progress on performance targets every other year thereafter;
- 12. Surface Transportation Program (§ 1108) Eligible Projects on Federal-aid routes Pavement work • Construction • Reconstruction • Rehabilitation, Resurfacing, Restoration • Preservation • Operational Improvements • 24 others Bridge work • Replacement • Rehabilitation • Preservation • Protection – Scour – Seismic – Impact – Security – Extreme Events
- 13. Section 1116 “Prioritization of Projects to Improve Freight Movement” • Eleven categories of projects eligible for 90-95% federal share – Construction, rehab, operational improvements – Grade separations – Truck only lanes – Truck parking facilities – Improvements to truck bottlenecks – Traffic, parking, roadway conditions information systems
- 15. Performance Elements to be implemented by state DOTs pursuant to MAP-21 • National Goals • Performance Measures • Performance Targets • Performance Plans • Target Achievement • Special Performance Rules • Performance Reporting
- 16. Strategic Goals are similar MAP-21 National Goals • Safety • Infrastructure Condition • Congestion Reduction • System Reliability • Freight Movement and Economic Vitality • Environmental Sustainability • Reduced Project Delivery Delays Caltrans Strategic Goals • Safety • Mobility • Delivery • Stewardship • Service
- 17. MAP-21 National Goals (Section 1203) • Safety - reduce traffic fatalities and injuries • Infrastructure Condition - maintain in a state of good repair • Congestion Reduction – achieve significant reduction • System Reliability - improve efficiency • Freight Movement and Economic Vitality – National Freight Network, rural connectivity • Environmental Sustainability - protect and enhance • Reduced Project Delivery Delays - ease regulatory burden, improve agency working practices
- 18. “NATIONAL GOALS AND PERFORMANCE MANAGEMENT MEASURES” (§ 1203) • “Statement of Policy: Performance Management will transform the Federal-aid highway program and provide a means to the most efficient investment of Federal transportation funds by refocusing on national transportation goals, increase accountability, transparency and improve project decision-making through performance based planning…” • Requires the Sec’y of Transportation, in consultation with States, MPOs and others, to establish performance measures in the following areas: – Condition of pavements and bridges on the NHS – Performance of the NHS – Traffic congestion – On-road mobile source emissions of criteria pollutants in maintenance areas and non- attainment areas (i.e. sulfur dioxide, nitrous oxide, carbon monoxide, particulate matter) – Freight movement on the interstate system – Fatalities and serious injuries on all public roads
- 19. Section 1203 Timeline • 4/01/2014 USDOT issues final rules on: – NHS performance measures; – State DOT Risk-Based Asset Management Plan for the NHS • 4/01/2015 (approx.): States & MPOs set performance targets in support of those measures. • 10/01/2016 (and every other year thereafter) each State DOT will report on – Condition and performance of their NHS routes – Effectiveness of their investment strategy/Asset Management Plan – Progress in achieving performance targets – Mitigation strategies for freight bottlenecks
- 20. ‘Pavement Preservation’ is defined in MAP-21 under § 1507 ‘MAINTENANCE’ • ``…’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...''
- 21. Buy America Provisions (§ 1518) • Law in effect since 1933 • More stringent now than ever before • Contractor certifies steel was manufactured in USA and fabrication occurred in USA
- 24. Conclusions • MAP-21 begins the transition from allocation by formula to allocation by performance measures. • MAP-21 emphasis areas include the NHS, Performance Management, Asset Management, the National Freight Network, and Buy America provisions; • Enhanced NHS has more miles of pavement and more bridges; • Pavement Preservation projects are Federal-aid eligible under NHPP and STP; • > 100 Rulemaking processes are underway, including those for performance measures and State DOT Asset Management Plans for the NHS.
- 25. the end Steve Healow FHWA California Division 650 Capitol Mall, #4-100 Sacramento, CA 95814 916-498-5849 Steve.healow@dot.gov
- 26. references • http://www.coloradodot.info/programs/statewide-planning/documents/2013- stac/jan-2013/asset-management-presentation • http://www.forconstructionpros.com/press_release/10891517/sequestration- goes-into-effect-what-construction-contractors-should- know?utm_source=FCP+Headline+News&utm_medium=email&utm_campaign=RC L130305002 • http://www.fhwa.dot.gov/map21/docs/26sep_rollout.pdf • http://www.fhwa.dot.gov/map21/docs/pm.pdf • http://usatoday30.usatoday.com/news/nation/2007-12-26-truckers_N.htm
- 27. National Highway Performance Program §1106 MAP-21 Program National Goal Recommended Performance Measures NHPP Infrastructure Condition NHS bridge condition: % good, fair, poor, weighted by deck area NHS pavement condition: % good, fair, poor based on IRI and (someday) pavement structural health index NHPP System Reliability NHS performance: annual hours of delay, reliability index CMAQ Congestion Reduction Traffic Congestion: annual hours of delay CMAQ Environmental Sustainability On-road mobile source emissions: criteria pollutant emissions Freight Freight Movement and Economic Vitality Freight movement on the interstate: annual hours of truck delay and truck reliability index HSIP Safety Serious injuries per VMT: 5-yr. avg. Fatalities per VMT: 5-yr. avg.
- 28. Section 1115 “National Freight Policy” • Policy: Improve the condition and performance of the National Freight Network • Goals – Within 1 year designate a National Freight Network to include 27,000 centerline miles most critical to freight movement – Within 3 years publish the first National Freight Strategic Plan – Prioritize projects to improve freight movement – Use ITS and advanced technology to improve safety and efficiency of freight transportation – Improve intermodal freight connectivity
Editor's Notes
- MAP-21 is that new surface transportation re-authorization law which went into effect Oct. 1, 2012Note it’s only 584 pages.
- I believe knowledge is power and it pays to be well-informed. With that in mind I have gone through MAP-21 (all 584 pages) and prepared this presentation which I hope will be a useful reference for you. I have focused on those sections which might be most relevant for those of us in this room.
- USDOT will establish performance measures, with input, within 18 months.
- Here’s a comparison between new programs under MAP-21 and old programs under SAFETEA-LU.SAFETEA – LU included approx. 115 programs and many pots of money. Some programs under SAFETEA-LU made a smooth transition to MAP-21; some did not survive. Most of the old ‘discretionary programs’ were eliminated.MAP -21 has approx. 14 programs and relatively few pots of money. Note over half the money is devoted to the NHS.
- FFY 2013 allocations are similar to FFY 2014 allocationsHighway Safety Improvement Program ($2.4 billion): Safety remains our #1 priority. The Highway Safety Improvement Program (HSIP) aims to reduce traffic fatalities and serious injuries on all public roads. This program emphasizes a data-driven, strategic approach to improving highway safety that focuses on performance. Each State will develop and regularly update a State Strategic Highway Safety Plan that lays out strategies to address key safety problems.National Highway Performance Program ($21.9 billion): The National Highway Performance Program (NHPP) targets investment to preserve, modernize, and ultimately save lives on the expanded National Highway System (NHS). This network is composed of 220,000 miles of rural and urban roads, including the Interstate System, all principal arterials, and intermodal connectors. Through a performance-based approach, this program will maintain or improve the condition and performance of the NHS and construct new facilities on the NHS. The performance basis of this program will be defined by individual State asset management plans that will be reviewed and updated periodically to ensure that minimum performance standards are met.Surface Transportation Program ($10.1 billion): The Surface Transportation Program (STP) provides flexible funding that States and localities may use for projects to preserve or improve conditions and performance on any Federal-aid highway, bridge and safety projects on any public roads, facilities for non-motorized transportation, transit capital projects, and public bus terminals and facilities. This program provides funding for a wide range of eligible projects, ranging from construction and rehabilitation of highways and bridges to innovative projects such as electric and natural gas vehicle charging infrastructure.Congestion Mitigation and Air Quality Improvement Program ($2.3 billion): The Congestion Mitigation and Air Quality Improvement Program (CMAQ) provides a flexible funding source to State and local governments for transportation projects and programs to help meet the requirements of the Clean Air Act. Funding is available to reduce congestion and improve air quality for areas that do not meet air quality standards, as well as maintenance areas. This program will incorporate performance measures that will assess traffic congestion and on-road motor vehicle emissions. Transportation Alternatives ($820 million): Funding for Transportation Alternatives provides resources to expand transportation choices and enhance the transportation experience. Eligible projects include pedestrian and bicycle infrastructure programs, scenic and historic highway programs, landscaping and scenic beautification, historic preservations, and environmental mitigation.Federal Lands and Tribal Transportation Programs ($1 billion): The Federal Lands and Tribal Transportation Programs provide funding for access to and within Federal and Tribal lands. The Federal Lands Transportation Program provides $300 million for projects that improve access within the Federal estate on infrastructure owned by the Federal government. The Federal Lands Access Program provides $250 million for projects that improve access to the Federal estate on infrastructure owned by States and local governments. The Tribal Transportation Program provides $450 million for projects that improve access to and within Tribal lands.TIFIA ($1 billion):The Transportation Infrastructure Finance and Innovation Act Program (TIFIA) leverages Federal dollars in a time of scarce budgetary resources, facilitating private participation in transportation projects and encouraging innovative financing mechanisms that help advance projects sooner than otherwise possible. TIFIA provides credit assistance for highway, transit, rail, and intermodal freight projects. A $1 billion TIFIA investment will support about $10 billion in actual lending capacity.Research, Technology, and Education Program ($400 million): The Research, Technology, and Education Program is a flexible, nationally-coordinated program that addresses fundamental, long-term highway research needs, significant research gaps, emerging issues, and research related to policy and planning. This program will apply innovative technologies to construct and maintain the nation’s roads, bridges, and tunnels, which keeps the highway system in a state of good repair.Other Programs:The Emergency Relief Program provides $100 million to assist Federal, State, tribal, and local governments with the expense of repairing serious damage to Federal-aid, tribal, and Federal Lands highways resulting from natural disasters or catastrophic failures. The Territorial and Puerto Rico Highway Program provides $190 million to fund highway programs in United States territories and Puerto Rico.The Ferry Boat Program provides $67 million to construct ferry boats and ferry boat terminal facilities which will improve connectivity between NHS segments, provide travel mode options, and reduce congestion.The budget request of $466.1 million for administrative expenses includes funding for FHWA general operating expenses, as well as other expenses and programs (including On-the-Job Training, Disadvantaged Business Enterprise, Highway Use Tax Evasion projects, and other safety-related programs).
- The old NHS (i.e. prior to Oct. 1, 2012) included 7,655 miles in Calif. (As of 2007) “… there are about 160,000 NHS miles nationwide, including 7,655 NHS miles in California. Only about 324 of the 7,655 NHS miles in California are off the State Highway System (SHS)…” p. 2-2 of LAPM [http://www.dot.ca.gov/hq/LocalPrograms/lam/lapm.htm ]MAP-21 added 7,000 miles to the Calif. NHS, essentially all of it local arterials. (Also added: 3,000 bridges) 7,000 + 7,655 = 14,655 centerline miles on the enhanced NHS after MAP-21
- National Highway Performance Program ($21.9 billion): The National Highway Performance Program (NHPP) targets investment to preserve, modernize, and ultimately save lives on the expanded National Highway System (NHS). This network is composed of 220,000 miles of rural and urban roads, including the Interstate System, all principal arterials, and intermodal connectors. Through a performance-based approach, this program will maintain or improve the condition and performance of the NHS and construct new facilities on the NHS. The performance basis of this program will be defined by individual State asset management plans that will be reviewed and updated periodically to ensure that minimum performance standards are met.1.Authorization Levels under MAP-21: Section 1101 of MAP-21 authorizes funds for the NHPP. Section 1105 amends 23 U.S.C. 104(b)(1) and provides for the apportionment of funds. The estimated amounts of NHPP are as follows:FY 2013 $21,751,779,050 FY 2014 $21,935,691,598 TOTAL $43,687,470,648 Recall annual apportionments under SAFETEA LUFY 2012FY20112.Eligible Activities:a.Construction, reconstruction, resurfacing, restoration, rehabilitation, preservation, or operational improvement of segments of the NHS. The terms "Construction" and "Operational improvement" are defined in 23 U.S.C. 101(a).b.Construction, replacement (including replacement with fill material), rehabilitation, preservation, and protection (including scour countermeasures, seismic retrofits, impact protection measures, security countermeasures, and protection against extreme events) of bridges on the NHS.c.Construction, replacement (including replacement with fill material), rehabilitation, preservation, and protection (including impact protection measures, security countermeasures, and protection against extreme events) of tunnels on the NHS.
- Question 1: What is asset management?Answer 1: Asset management is a strategic and systematic process of operating, maintaining, and improving physical assets, with a focus on 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. (23 U.S.C. 101(a)(2), MAP-21 § 1103)
- Note State DOT’s asset management plan contents shall include these six bulletsAlso under section 1106 the state DOTs are charged with developing their risk-based asset management plans which are encouraged to encompass all roadway assets on the NHS but at least pavements and bridges.“MAP-21 codified asset management principles into law. This legislation establishes a performance-based highway program with the goal of improving how Federal transportation funds are allocated.Section 1106 “…Eligible Activities…``(K) Development and implementation of a State asset management plan for the National Highway System in accordance with this section, including data collection, maintenance, and integration and the cost associated with obtaining, updating, and licensing software and equipment required for risk-based asset management and performance-based management…”``(e) State Performance Management.-- ``(1) In general.--A State shall develop a risk-based asset management plan for the National Highway System to improve or preserve the condition of the assets and the performance of the system. ``(2) Performance driven plan.--A State asset management plan shall include strategies leading to a program of projects that would make progress toward achievement of the State targets for asset condition and performance of the National Highway System in accordance with section 150(d) and supporting the progress toward the achievement of the national goals identified in section 150(b). ``(3) Scope.--In developing a risk-based asset management plan, the Secretary shall encourage States to include all infrastructure assets within the right-of-way corridor in such plan. ``(4) Plan contents.--A State asset management plan shall, at a minimum, be in a form that the Secretary determines to be appropriate and include-- ``(A) a summary listing of the pavement and bridge assets on the National Highway System in the State, including a description of the condition of those assets; ``(B) asset management objectives and measures; ``(C) performance gap identification; ``(D) lifecycle cost and risk management analysis; ``(E) a financial plan; and ``(F) investment strategies.Once the process is established the state has until “…the second fiscal year beginning after the date of establishment of the process…” to present a plan.
- Surface Transportation Program ($10.1 billion): The Surface Transportation Program (STP) provides flexible funding that States and localities may use for projects to preserve or improve conditions and performance on any Federal-aid highway, bridge and safety projects on any public roads, facilities for non-motorized transportation, transit capital projects, and public bus terminals and facilities. This program provides funding for a wide range of eligible projects, ranging from construction and rehabilitation of highways and bridges to innovative projects such as electric and natural gas vehicle charging infrastructure.
- Policy: Improve the condition and performance of the National Freight NetworkGoalsWithin 1 year designate a National Freight Network to include 27,000 centerline miles most critical to freight movement Within 3 years publish the first National Freight Strategic PlanPrioritize projects to improve freight movement Use ITS and advanced technology to improve safety and efficiency of freight transportationImprove intermodal freight connectivitySEC. 1116. <<NOTE: 23 USC 167 note.>> PRIORITIZATION OF PROJECTS TO IMPROVE FREIGHT MOVEMENT. (a) <<NOTE: Certification.>> In General.--Notwithstanding section 120 of title 23, United States Code, the Secretary may increase the Federal share payable for any project to 95 percent for projects on the Interstate System and 90 percent for any other project if the Secretary certifies that the project meets the requirements of this section. (b) Increased Funding.--To be eligible for the increased Federal funding share under this section, a project shall-- (1) demonstrate the improvement made by the project to the efficient movement of freight, including making progress towards meeting performance targets for freight movement established under section 150(d) of title 23, United States Code; and (2) be identified in a State freight plan developed pursuant to section 1118. (c) Eligible Projects.--Eligible projects to improve the movement of freight under this section may include, but are not limited to-- (1) construction, reconstruction, rehabilitation, and operational improvements directly relating to improving freight movement; (2) intelligent transportation systems and other technology to improve the flow of freight; (3) efforts to reduce the environmental impacts of freight movement on the primary freight network; (4) railway-highway grade separation; (5) geometric improvements to interchanges and ramps. (6) truck-only lanes; (7) climbing and runaway truck lanes; (8) truck parking facilities eligible for funding under section 1401; (9) real-time traffic, truck parking, roadway condition, and multimodal transportation information systems; (10) improvements to freight intermodal connectors; and (11) improvements to truck bottlenecks.
- The process of determining allocations of federal highway trust fund dollars to the individual states has traditionally been based on formulas like these, and there are formulas similar to these in MAP-21.However pursuant to MAP-21 we’re transitioning from allocation formulas like these to the era of performance management. http://www.fhwa.dot.gov/policy/ohim/hs04/htm/fa4a.htm
- An important point to make here is the MAP-21 National Goals have a great deal in common with Caltrans Strategic Goals. Also Caltrans Strategic Goals have a great deal in common with those of other state DOTs.Missouri DOT has 18 tangible results and 16 value statements(e.g. uninterrupted traffic flow, smooth and unrestricted roads and bridges, fast projects that are of great value…)Caltrans Strategic GoalsSAFETY -Provide the safest transportation system in the nation for users and workers. - MOBILITY -Maximize transportation system performance and accessibility. - DELIVERY -Efficiently deliver quality transportation projects and services. - STEWARDSHIP -Preserve and enhance California's resources and assets. -SERVICE-Promote quality service through an excellent workforce.I point this out because in approx. one year, after consulting with State DOTs and MPOs, the Secretary of Transportation will publish performance measures which support these National Goals for the NHS. Then States and MPOs will have one year to establish performance targets.
- ``(1) Safety.--To achieve a significant reduction in traffic fatalities and serious injuries on all public roads. ``(2) Infrastructure condition.--To maintain the highway infrastructure asset system in a state of good repair. ``(3) Congestion reduction.--To achieve a significant reduction in congestion on the National Highway System. ``(4) System reliability.--To improve the efficiency of the surface transportation system. ``(5) Freight movement and economic vitality.--To improve the national freight network, strengthen the ability of rural communities to access national and international trade markets, and support regional economic development. ``(6) Environmental sustainability.--To enhance the performance of the transportation system while protecting and enhancing the natural environment. ``(7) Reduced project delivery delays.--To reduce project costs, promote jobs and the economy, and expedite the movement of people and goods by accelerating project completion through eliminating delays in the project development and delivery process, including reducing regulatory burdens and improving agencies' work practices.Expedited project delivery.--Congress declares that it is in the national interest to expedite the delivery of surface transportation projects by substantially reducing the average length of the environmental review process.Section ____ “…Not later than 1 year after the date of enactment of this section, the Secretary shall designate a primary freight network-- ``(i) based on an inventory of national freight volume conducted by the Administrator of the Federal Highway Administration, in consultation with stakeholders, including system users, transport providers, and States; and ``(ii) that shall be comprised of not more than 27,000 centerline miles of existing roadways that are most critical to the movement of freight….”
- What data elements are needed?Given those data elements what (minimum) levels are needed for pavements and bridges to be in a ‘state of good repair’? ``(1) Safety.--To achieve a significant reduction in traffic fatalities and serious injuries on all public roads. ``(2) Infrastructure condition.--To maintain the highway infrastructure asset system in a state of good repair. ``(3) Congestion reduction.--To achieve a significant reduction in congestion on the National Highway System. ``(4) System reliability.--To improve the efficiency of the surface transportation system. ``(5) Freight movement and economic vitality.--To improve the national freight network, strengthen the ability of rural communities to access national and international trade markets, and support regional economic development. ``(6) Environmental sustainability.--To enhance the performance of the transportation system while protecting and enhancing the natural environment. ``(7) Reduced project delivery delays.--To reduce project costs, promote jobs and the economy, and expedite the movement of people and goods by accelerating project completion through eliminating delays in the project development and delivery process, including reducing regulatory burdens and improving agencies' work practices.
- Section 1203``(c) Establishment of Performance Measures.-- ``(1) <<NOTE: Deadline. Regulations.>> In general.--Not later than 18 months after the date of enactment of the MAP-21, the Secretary, in consultation with State departments of transportation, metropolitan planning organizations, and other stakeholders, shall promulgate a rulemaking that establishes performance measures and standards.``(d) <<NOTE: Deadline.>> Establishment of Performance Targets.-- ``(1) In general.--Not later than 1 year after the Secretary has promulgated the final rulemaking under subsection (c), each State shall set performance targets that reflect the measures identified in paragraphs (3), (4), (5), and (6) of subsection (c).``(e) Reporting on Performance Targets.--Not later than 4 years after the date of enactment of the MAP-21 and biennially thereafter, a State shall submit to the Secretary a report that describes-- ``(1) the condition and performance of the National Highway System in the State; ``(2) the effectiveness of the investment strategy document in the State asset management plan for the National Highway System; ``(3) progress in achieving performance targets identified under subsection (d); and ``(4) the ways in which the State is addressing congestion at freight bottlenecks, including those identified in the National Freight Strategic Plan, within the State.''.
- I want you all to know that pavement preservation treatments and programs are eligible for F/A funds under NHPP and STP programs.
- Buy America shall apply to:all contracts eligible for assistance…for a project carried out within the scope of the NEPA document regardless of the funding source of such contracts, if at least 1 contract for the project is federally funded…MAP-21 contains aprovision that amends Buy America by broadening the scope of the application of this provision.Specifically, this amendment substantially broadened the application of Buy America to anycontract eligible for Federal highway funding within the scope of an applicable finding,determination, or decision under the National Environmental Policy Act regardless of thefunding source of such contracts if at least one contract for the project is funded with Federal-aidhighway funds. After thoroughly reassessing this matter, and taking into account the Standing Committee onHighways resolution, DOT has determined that Buy America applies to any utility work that isaccomplished as a result of a Federal-aid highway project. As a result of the MAP-21amendment, the application of Buy America cannot be narrowed to exclude utility work, even ifsuch utility work is not reimbursed with Federal-aid highway funds. The only instance whereBuy America would not apply to utility work is where such work is not eligible for Federal-aidbecause the State is legally unable to pay the utility. In these instances, such work would notconstitute a contract that is eligible for assistance.
- U.S. Senate Env. & Public Works Committee has approx. 15 members ( 1 from Calif.//chairman barbara boxer)U.S. House of Representatives Transportation and Infrastructure Committee has approx. 55 members (___ from Calif.)
- “…Greater than 10% of total deck area of bridges on the NHS arelocated on bridges classified as structurally deficient for 3consecutive years then: NHPP funding set aside to address bridge conditions on theNHS…” [http://www.fhwa.dot.gov/map21/docs/11sep_perf_mgt.pdf ]
- SEC. 1115. NATIONAL FREIGHT POLICY. (a) In General.--Chapter 1 of title 23, United States Code, is amended by adding at the end the following:``Sec. 167. National freight policy ``(a) In General.--It is the policy of the United States to improve the condition and performance of the national freight network to ensure that the national freight network provides the foundation for the United States to compete in the global economy and achieve each goal described in subsection (b). ``(b) Goals.--The goals of the national freight policy are-- ``(1) to invest in infrastructure improvements and to implement operational improvements that-- ``(A) strengthen the contribution of the national freight network to the economic competitiveness of the United States; ``(B) reduce congestion; and ``(C) increase productivity, particularly for domestic industries and businesses that create high- value jobs;[[Page 126 STAT. 469]] ``(2) to improve the safety, security, and resilience of freight transportation; ``(3) to improve the state of good repair of the national freight network; ``(4) to use advanced technology to improve the safety and efficiency of the national freight network; ``(5) to incorporate concepts of performance, innovation, competition, and accountability into the operation and maintenance of the national freight network; and ``(6) to improve the economic efficiency of the national freight network. ``(7) to reduce the environmental impacts of freight movement on the national freight network; ``(c) Establishment of a National Freight Network.-- ``(1) In general.--The Secretary shall establish a national freight network in accordance with this section to assist States in strategically directing resources toward improved system performance for efficient movement of freight on highways, including national highway system, freight intermodal connectors and aerotropolis transportation systems. ``(2) Network components.--The national freight network shall consist of-- ``(A) the primary freight network, as designated by the Secretary under subsection (d) (referred to in this section as the `primary freight network') as most critical to the movement of freight; ``(B) the portions of the Interstate System not designated as part of the primary freight network; and ``(C) critical rural freight corridors established under subsection (e).``(d) Designation of Primary Freight Network.-- ``(1) Initial designation of primary freight network.-- ``(A) <<NOTE: Deadline.>> Designation.--Not later than 1 year after the date of enactment of this section, the Secretary shall designate a primary freight network-- ``(i) based on an inventory of national freight volume conducted by the Administrator of the Federal Highway Administration, in consultation with stakeholders, including system users, transport providers, and States; and ``(ii) that shall be comprised of not more than 27,000 centerline miles of existing roadways that are most critical to the movement of freight