References in Text
The date of enactment of this section and the date of enactment of this paragraph, referred to in subsec. (b)(4)(A), (5), is the date of enactment of Pub. L. 112–141, which was approved July 6, 2012.
The Indian Self-Determination and Education Assistance Act, referred to in subsec. (c)(6)(A)(ii), is Pub. L. 93–638, Jan. 4, 1975, 88 Stat. 2203, which was classified principally to subchapter II (§ 450 et seq.) of chapter 14 of Title 25, Indians, prior to editorial reclassification as chapter 46 (§ 5301 et seq.) of Title 25. For complete classification of this Act to the Code, see Short Title note set out under section 5301 of Title 25 and Tables.
A prior section 201, Pub. L. 85–767, Aug. 27, 1958, 72 Stat. 906; Pub. L. 97–424, title I, § 126(f), Jan. 6, 1983, 96 Stat. 2116; Pub. L. 105–178, title I, § 1115(e)(1), June 9, 1998, 112 Stat. 158, related to authorizations, prior to repeal by Pub. L. 112–141, div. A, title I, § 1119(a), July 6, 2012, 126 Stat. 473.
2015—Subsec. (c)(6)(A). Pub. L. 114–94, § 1120(1), inserted cl. (i) designation and heading, substituted period for “in accordance with the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450 et seq.), including—”, added cl. (ii) and introductory provisions of cl. (iii), redesignated former cls. (i) and (ii). as subcls. (I) and (II) of cl. (iii), respectively, and realigned margins.
Subsec. (c)(6)(C). Pub. L. 114–94, § 1117(a), added subpar. (C).
Subsec. (c)(7), (8). Pub. L. 114–94, § 1120(2), added pars. (7) and (8) and struck out former par. (7). Prior to amendment, text of par. (7) read as follows: “To implement the activities described in this subsection, including direct support of transportation planning activities among Federal land management agencies, the Secretary may use not more than 5 percent for each fiscal year of the funds authorized for programs under sections 203 and 204.”
Nationally Significant Federal Lands and Tribal Projects Program
Pub. L. 114–94, div. A, title I, § 1123, Dec. 4, 2015, 129 Stat. 1370, provided that:
The Secretary [of Transportation] shall establish a nationally significant Federal lands and tribal projects program (referred to in this section as the ‘program’) to provide funding to construct, reconstruct, or rehabilitate nationally significant Federal lands and tribal transportation projects.
“(b) Eligible Applicants.—
“(1) In general.—
Except as provided in paragraph (2), entities eligible to receive funds under sections 201
, and 204
of title 23
, United States Code, may apply for funding under the program.
“(2) Special rule.—
A State, county, or unit of local government may only apply for funding under the program if sponsored by an eligible Federal land management agency or Indian tribe.
“(c) Eligible Projects.—An eligible project under the program shall be a single continuous project—
on a Federal lands transportation facility, a Federal lands access transportation facility, or a tribal transportation facility (as those terms are defined in section 101 of title 23
, United States Code), except that such facility is not required to be included in an inventory described in section 202 or 203 of such title;
“(2) for which completion of activities required under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) has been demonstrated through—
a record of decision with respect to the project;
a finding that the project has no significant impact; or
a determination that the project is categorically excluded; and
having an estimated cost, based on the results of preliminary engineering, equal to or exceeding $25,000,000, with priority consideration given to projects with an estimated cost equal to or exceeding $50,000,000.
“(d) Eligible Activities.—
“(1) In general.—
Subject to paragraph (2), an eligible applicant receiving funds under the program may only use the funds for construction, reconstruction, and rehabilitation activities.
“(2) Ineligible activities.—
An eligible applicant may not use funds received under the program for activities relating to project design.
Eligible applicants shall submit to the Secretary [of Transportation] an application at such time, in such form, and containing such information as the Secretary may require.
“(f) Selection Criteria.—In selecting a project to receive funds under the program, the Secretary shall consider the extent to which the project—
furthers the goals of the Department, including state of good repair, economic competitiveness, quality of life, and safety;
improves the condition of critical transportation facilities, including multimodal facilities;
needs construction, reconstruction, or rehabilitation;
has costs matched by funds that are not provided under this section, with projects with a greater percentage of other sources of matching funds ranked ahead of lesser matches;
is included in or eligible for inclusion in the National Register of Historic Places;
uses new technologies and innovations that enhance the efficiency of the project;
is supported by funds, other than the funds received under the program, to construct, maintain, and operate the facility;
spans 2 or more States; and
serves land owned by multiple Federal agencies or Indian tribes.
“(g) Federal Share.—
“(1) In general.—
The Federal share of the cost of a project shall be up to 90 percent.
“(2) Non-federal share.—
Notwithstanding any other provision of law, any Federal funds other than those made available under title 23 or title 49, United States Code, may be used to pay the non-Federal share of the cost of a project carried out under this section.
“(h) Authorization of Appropriations.—
There is authorized to be appropriated to carry out this section $100,000,000 for each of fiscal years 2016 through 2020. Such sums shall remain available for a period of 3 fiscal years following the fiscal year for which the amounts are appropriated.”