(a) Definitions.—In this section:
(1) Area of persistent poverty.—The term “area of persistent poverty” means—
(A) any county (or equivalent jurisdiction) in which, during the 30-year period ending on the date of enactment of this chapter, 20 percent or more of the population continually lived in poverty, as measured by—
(2) Eligible entity.—The term “eligible entity” means—
(3) Eligible project.—The term “eligible project” means—
(C)
a passenger rail or freight rail transportation project eligible for assistance under this title;
(E)
the surface transportation components of an airport project eligible for assistance under part B of subtitle VII;
(F)
a project for investment in a surface transportation facility located on Tribal land, the title or maintenance responsibility of which is vested in the Federal Government;
(G)
a project to replace or rehabilitate a culvert or prevent stormwater runoff for the purpose of improving habitat for aquatic species that will advance the goal of the program described in subsection (b)(2); and
(7) Urbanized area.—
The term “urbanized area” means an area with a population of more than 200,000 residents, based on the most recent decennial census.
(b) Establishment.—
(2) Goal.—
The goal of the program shall be to fund eligible projects that will have a significant local or regional impact and improve transportation infrastructure.
(c) Grants.—
(2) Amount.—Except as otherwise provided in this section, each grant made under the program shall be in an amount equal to—
(3) Limitation.—
Not more than 15 percent of the funds made available to carry out the program for a fiscal year may be awarded to eligible projects in a single State during that fiscal year.
(d) Selection of Eligible Projects.—
(2) Applications.—To be eligible to receive a grant under the program, an eligible entity shall submit to the Secretary an application—
(3) Primary selection criteria.—In awarding grants under the program, the Secretary shall evaluate the extent to which a project—
(4) Additional selection criteria.—In selecting projects to receive grants under the program, the Secretary shall take into consideration the extent to which—
(6) Awards.—
Not later than 270 days after the date on which amounts are made available to provide grants under the program for a fiscal year, the Secretary shall announce the selection by the Secretary of eligible projects to receive the grants in accordance with this section.
(7) Technical assistance.—
(A) In general.—
On request of an eligible entity that submitted an application under paragraph (2) for a project that is not selected to receive a grant under the program, the Secretary shall provide to the eligible entity technical assistance and briefings relating to the project.
(B) Treatment.—
Technical assistance provided under this paragraph shall not be considered a guarantee of future selection of the applicable project under the program.
(e) Federal Share.—
(1) In general.—
Except as provided in paragraph (2), the Federal share of the cost of an eligible project carried out using a grant provided under the program shall not exceed 80 percent.
(2) Exception.—
The Federal share of the cost of an eligible project carried out in a rural area, a historically disadvantaged community, or an area of persistent poverty using a grant under this subsection may exceed 80 percent, at the discretion of the Secretary.
(3) Treatment of other federal funds.—Amounts provided under any of the following programs shall be considered to be a part of the non-Federal share for purposes of this subsection:
(f) Other Considerations.—
(2) Historically disadvantaged communities and areas of persistent poverty.—
Of the total amount made available to carry out the program for each fiscal year, not less than 1 percent shall be awarded for projects in historically disadvantaged communities or areas of persistent poverty.
(g) Project Planning.—
(1) In general.—
Of the amounts made available to carry out the program for each fiscal year, not less than 5 percent shall be made available for the planning, preparation, or design of eligible projects.
(h) Transfer of Authority.—
Of the amounts made available to carry out the program for each fiscal year, the Secretary may transfer not more than 2 percent for a fiscal year to the Administrator of any of the Federal Highway Administration, the Federal Transit Administration, the Federal Railroad Administration, or the Maritime Administration to award and oversee grants and credit assistance in accordance with this section.
(i) Credit Program Costs.—
(1) In general.—Subject to paragraph (2), at the request of an eligible entity, the Secretary may use a grant provided to the eligible entity under the program to pay the subsidy or credit risk premium, and the administrative costs, of an eligible project that is eligible for Federal credit assistance under—
(2) Limitation.—
Not more than 20 percent of the funds made available to carry out the program for a fiscal year may be used to carry out paragraph (1).
(j) Authorization of Appropriations.—
There is authorized to be appropriated to carry out this section $1,500,000,000 for each of fiscal years 2022 through 2026, to remain available for a period of 3 fiscal years following the fiscal year for which the amounts are appropriated.
(k) Reports.—
(1) Annual report.—
The Secretary shall make available on the website of the Department of Transportation at the end of each fiscal year an annual report that describes each eligible project for which a grant was provided under the program during that fiscal year.
(2) Comptroller general.—Not later than 1 year after the date on which the initial grants are awarded for eligible projects under the program, the Comptroller General of the United States shall—
(B)
submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report describing the findings of the review under subparagraph (A), including recommendations for improving the administration of the program, if any.
(Added Pub. L. 117–58, div. B, title I, § 21202(a), Nov. 15, 2021, 135 Stat. 671; amended Pub. L. 117–146, § 21(a), June 16, 2022, 136 Stat. 1284.)