49 U.S.C. § 6701 — National infrastructure project assistance

Page 409 TITLE 49—TRANSPORTATION § 6701 Subsec. (b). Pub. L. 117–58, § 25014(2), substituted ‘‘Each strategic’’ for ‘‘The strategic’’ in introductory provisions. Subsec. (c). Pub. L. 117–58, § 25014(3)(A), substituted ‘‘Each strategic’’ for ‘‘The strategic’’ in introductory provisions. Subsec. (c)(1)(G). Pub. L. 117–58, § 25014(3)(B), added subpar. (G). Subsec. (d). Pub. L. 117–58, § 25014(4)(A), substituted ‘‘each strategic’’ for ‘‘the strategic’’ in introductory provisions. Subsec. (d)(4). Pub. L. 117–58, § 25014(4)(B), substituted ‘‘2021, and not less frequently than once every 5 years thereafter’’ for ‘‘2016’’. Subsec. (e). Pub. L. 117–58, § 25014(5), struck out sub- sec. (e). Prior to amendment, text read as follows: ‘‘Not later than 2 1⁄2 years after the date of enactment of this chapter, the Secretary may publish on a public website an interim report that— ‘‘(1) provides an assessment of the 5-year research and development strategic plan of the Department of Transportation described in this section; and ‘‘(2) includes a description of the extent to which the research and development is or is not successfully meeting the purposes described under subsection (c)(1).’’ 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 Amend- ment note under section 5313 of Title 5, Government Or- ganization and Employees. § 6504. Incorporation of Department of Transpor- tation research (a) REVIEW.—Not later than December 31, 2021, and not less frequently than once every 5 years thereafter, in concurrence with the applicable strategic plan under section 6503, the Secretary of Transportation shall— (1) conduct a review of research conducted by the Department of Transportation; and (2) to the maximum extent practicable and appropriate, identify modifications to laws, regulations, guidance, and other policy docu- ments to incorporate any innovations result- ing from the research described in paragraph (1) that have the potential to improve the safety or efficiency of the United States trans- portation system. (b) REQUIREMENTS.—In conducting a review under subsection (a), the Secretary of Transpor- tation shall— (1) identify any innovative practices, mate- rials, or technologies that have demonstrable benefits to the transportation system; (2) determine whether the practices, mate- rials, or technologies described in paragraph (1) require any statutory or regulatory modi- fications for adoption; and (3)(A) if modifications are determined to be required under paragraph (2), develop— (i) a proposal for those modifications; and (ii) a description of the manner in which any such regulatory modifications would be— (I) incorporated into the Unified Regu- latory Agenda; or (II) adopted into existing regulations as soon as practicable; or (B) if modifications are determined not to be required under paragraph (2), develop a de- scription of the means by which the practices, materials, or technologies described in para- graph (1) will otherwise be incorporated into Department of Transportation or modal ad- ministration policy or guidance, including as part of the Technology Transfer Program of the Office of the Assistant Secretary for Re- search and Technology. (c) REPORT.—On completion of each review under subsection (a), the Secretary of Transpor- tation shall submit to the appropriate commit- tees of Congress a report describing, with re- spect to the period covered by the report— (1) each new practice, material, or tech- nology identified under subsection (b)(1); and (2) any statutory or regulatory modification for the adoption of such a practice, material, or technology that— (A) is determined to be required under sub- section (b)(2); or (B) was otherwise made during that period. (Added Pub. L. 117–58, div. B, title V, § 25016(a), Nov. 15, 2021, 135 Stat. 872.) CHAPTER 67—MULTIMODAL INFRASTRUCTURE INVESTMENTS Sec. 6701. National infrastructure project assistance. 6702. Local and regional project assistance. 6703. National culvert removal, replacement, and restoration grant program. Editorial Notes AMENDMENTS 2021—Pub. L. 117–58, div. B, title I, § 21203(b), Nov. 15, 2021, 135 Stat. 677, added item 6703. § 6701. National infrastructure project assistance (a) DEFINITIONS.—In this section: (1) DEPARTMENT.—The term ‘‘Department’’ means the Department of Transportation. (2) ELIGIBLE ENTITY.—The term ‘‘eligible en- tity’’ means— (A) a State or a group of States; (B) a metropolitan planning organization; (C) a unit of local government; (D) a political subdivision of a State; (E) a special purpose district or public au- thority with a transportation function, in- cluding a port authority; (F) a Tribal government or a consortium of Tribal governments; (G) a partnership between Amtrak and 1 or more entities described in subparagraphs (A) through (F); and (H) a group of entities described in any of subparagraphs (A) through (G). (3) PROGRAM.—The term ‘‘program’’ means the program established by subsection (b). (4) SECRETARY.—The term ‘‘Secretary’’ means the Secretary of Transportation. (5) STATE.—The term ‘‘State’’ means— (A) any of the several States; (B) the District of Columbia; (C) the Commonwealth of Puerto Rico; (D) the Commonwealth of the Northern Mariana Islands; (E) the United States Virgin Islands; (F) Guam; Page 410 TITLE 49—TRANSPORTATION § 6701 (G) American Samoa; and (H) any other territory or possession of the United States. (b) ESTABLISHMENT.—There is established a program under which the Secretary shall pro- vide to eligible entities grants, on a competitive basis pursuant to single-year or multiyear grant agreements, for projects described in subsection (d). (c) APPLICATIONS.— (1) IN GENERAL.—To be eligible for a grant under the program, an eligible entity shall submit to the Secretary an application at such time, in such manner, and containing such in- formation as the Secretary determines to be appropriate. (2) PLAN FOR DATA COLLECTION.—An applica- tion under paragraph (1) shall include a plan for data collection and analysis described in subsection (g). (d) ELIGIBLE PROJECTS.—The Secretary may provide a grant under the program only for a project— (1) that is— (A) a highway or bridge project carried out on— (i) the National Multimodal Freight Net- work established under section 70103; (ii) the National Highway Freight Net- work established under section 167 of title 23; or (iii) the National Highway System (as defined in section 101(a) of title 23); (B) a freight intermodal (including public ports) or freight rail project that provides a public benefit; (C) a railway-highway grade separation or elimination project; (D) an intercity passenger rail project; (E) a public transportation project that is— (i) eligible for assistance under chapter 53; and (ii) part of a project described in any of subparagraphs (A) through (D); or (F) a grouping, combination, or program of interrelated, connected, or dependent projects of any of the projects described in subparagraphs (A) through (E); and (2) the eligible project costs of which are— (A) reasonably anticipated to equal or ex- ceed $500,000,000; or (B) for any project funded by the set-aside under subsection (m)(2)— (i) more than $100,000,000; but (ii) less than $500,000,000. (e) GEOGRAPHICAL DISTRIBUTION.—In providing grants under this section, the Secretary shall ensure among grant recipients— (1) geographical diversity; and (2) a balance between rural and urban com- munities. (f) PROJECT EVALUATION AND SELECTION.— (1) REQUIREMENTS.—The Secretary may se- lect a project described in subsection (d) to re- ceive a grant under the program only if the Secretary determines that— (A) the project is likely to generate na- tional or regional economic, mobility, or safety benefits; (B) the project is in need of significant Federal funding; (C) the project will be cost-effective; (D) with respect to related non-Federal fi- nancial commitments, 1 or more stable and dependable sources of funding and financing are available— (i) to construct, operate, and maintain the project; and (ii) to cover cost increases; and (E) the applicant has, or will have, suffi- cient legal, financial, and technical capacity to carry out the project. (2) EVALUATION CRITERIA.—In awarding a grant under the program, the Secretary shall evaluate— (A) the extent to which a project supports achieving a state of good repair for each ex- isting asset to be improved by the project; (B) the level of benefits a project is ex- pected to generate, including— (i) the costs avoided by the prevention of closure or reduced use of the asset to be improved by the project; (ii) reductions in maintenance costs over the life of the applicable asset; (iii) safety benefits, including the reduc- tion of serious injuries and fatalities and related costs; (iv) improved person or freight through- put, including improved mobility and reli- ability; and (v) environmental benefits and health impacts, such as— (I) reductions in greenhouse gas emis- sions; (II) air quality benefits; (III) preventing stormwater runoff that would be a detriment to aquatic species; and (IV) improved infrastructure resil- ience; (C) the benefits of the project, as compared to the costs of the project; (D) the number of persons or volume of freight, as applicable, supported by the project; and (E) national and regional economic bene- fits of the project, including with respect to short- and long-term job access, growth, or creation. (3) ADDITIONAL CONSIDERATIONS.—In selecting projects to receive grants under the program, the Secretary shall take into consideration— (A) contributions to geographical diversity among grant recipients, including a balance between the needs of rural and urban com- munities; (B) whether multiple States would benefit from a project; (C) whether, and the degree to which, a project uses— (i) construction materials or approaches that have— (I) demonstrated reductions in green- house gas emissions; or (II) reduced the need for maintenance of other projects; or (ii) technologies that will allow for fu- ture connectivity and automation; Page 411 TITLE 49—TRANSPORTATION § 6701 (D) whether a project would benefit— (i) a historically disadvantaged commu- nity or population; or (ii) an area of persistent poverty; (E) whether a project benefits users of multiple modes of transportation, includ- ing— (i) pedestrians; (ii) bicyclists; and (iii) users of nonvehicular rail and public transportation, including intercity and commuter rail; and (F) whether a project improves connectivity between modes of transpor- tation moving persons or goods nationally or regionally. (4) RATINGS.— (A) IN GENERAL.—In evaluating applica- tions for a grant under the program, the Sec- retary shall assign the project proposed in the application a rating described in sub- paragraph (B), based on the information con- tained in the applicable notice published under paragraph (5). (B) RATINGS.— (i) HIGHLY RECOMMENDED.—The Sec- retary shall assign a rating of ‘‘highly rec- ommended’’ to projects that, in the deter- mination of the Secretary— (I) are exemplary projects of national or regional significance; and (II) would provide significant public benefit, as determined based on the ap- plicable criteria described in this sub- section, if funded under the program. (ii) RECOMMENDED.—The Secretary shall assign a rating of ‘‘recommended’’ to projects that, in the determination of the Secretary— (I) are of national or regional signifi- cance; and (II) would provide public benefit, as de- termined based on the applicable criteria described in this subsection, if funded under the program. (iii) NOT RECOMMENDED.—The Secretary shall assign a rating of ‘‘not rec- ommended’’ to projects that, in the deter- mination of the Secretary, should not re- ceive a grant under the program, based on the applicable criteria described in this subsection. (C) TECHNICAL ASSISTANCE.— (i) IN GENERAL.—On request of an eligible entity that submitted an application under subsection (c) for a project that is not se- lected to receive a grant under the pro- gram, the Secretary shall provide to the eligible entity technical assistance and briefings relating to the project. (ii) TREATMENT.—Technical assistance provided under this subparagraph shall not be considered a guarantee of future selec- tion of the applicable project under the program. (5) PUBLICATION OF PROJECT EVALUATION AND SELECTION CRITERIA.—Not later than 90 days after the date of enactment of this chapter, the Secretary shall publish and make publicly available on the website of the Department a notice that contains a detailed explanation of— (A) the method by which the Secretary will determine whether a project satisfies the applicable requirements described in paragraph (1); (B) any additional ratings the Secretary may assign to determine the means by which a project addresses the selection criteria and additional considerations described in para- graphs (2) and (3); and (C) the means by which the project re- quirements and ratings referred to in sub- paragraphs (A) and (B) will be used to assign an overall rating for the project under para- graph (4). (6) PROJECT SELECTION PRIORITY.—In award- ing grants under the program, the Secretary shall give priority to projects to which the Secretary has assigned a rating of ‘‘highly rec- ommended’’ under paragraph (4)(B)(i). (g) DATA COLLECTION AND ANALYSIS.— (1) PLAN.— (A) IN GENERAL.—An eligible entity seek- ing a grant under the program shall submit to the Secretary, together with the grant ap- plication, a plan for the collection and anal- ysis of data to identify in accordance with the framework established under paragraph (2)— (i) the impacts of the project; and (ii) the accuracy of any forecast prepared during the development phase of the project and included in the grant applica- tion. (B) CONTENTS.—A plan under subparagraph (A) shall include— (i) an approach to measuring— (I) the criteria described in subsection (f)(2); and (II) if applicable, the additional re- quirements described in subsection (f)(3); (ii) an approach for analyzing the con- sistency of predicted project characteris- tics with actual outcomes; and (iii) any other elements that the Sec- retary determines to be necessary. (2) FRAMEWORK.—The Secretary may publish a standardized framework for the contents of the plans under paragraph (1), which may in- clude, as appropriate— (A) standardized forecasting and measure- ment approaches; (B) data storage system requirements; and (C) any other requirements the Secretary determines to be necessary to carry out this section. (3) MULTIYEAR GRANT AGREEMENTS.—The Secretary shall require an eligible entity, as a condition of receiving funding pursuant to a multiyear grant agreement under the pro- gram, to collect additional data to measure the impacts of the project and to accurately track improvements made by the project, in accordance with a plan described in paragraph (1). Page 412 TITLE 49—TRANSPORTATION § 6701 (4) REPORTS.— (A) PROJECT BASELINE.—Before the date of completion of a project for which a grant is provided under the program, the eligible en- tity carrying out the project shall submit to the Secretary a report providing baseline data for the purpose of analyzing the long- term impact of the project in accordance with the framework established under para- graph (2). (B) UPDATED REPORT.—Not later than 6 years after the date of completion of a project for which a grant is provided under the program, the eligible entity carrying out the project shall submit to the Secretary a report that compares the baseline data in- cluded in the report under subparagraph (A) to project data collected during the period— (i) beginning on the date that is 5 years after the date of completion of the project; and (ii) ending on the date on which the up- dated report is submitted. (h) ELIGIBLE PROJECT COSTS.— (1) IN GENERAL.—An eligible entity may use a grant provided under the program for— (A) development-phase activities and costs, including planning, feasibility anal- ysis, revenue forecasting, alternatives anal- ysis, data collection and analysis, environ- mental review and activities to support en- vironmental review, preliminary engineering and design work, and other preconstruction activities, including the preparation of a data collection and post-construction anal- ysis plan under subsection (g); and (B) construction, reconstruction, rehabili- tation, acquisition of real property (includ- ing land relating to the project and improve- ments to that land), environmental mitiga- tion (including projects to replace or reha- bilitate culverts or reduce stormwater run- off for the purpose of improving habitat for aquatic species), construction contingencies, acquisition of equipment, protection, and operational improvements directly relating to the project. (2) INTEREST AND OTHER FINANCING COSTS.— The interest and other financing costs of car- rying out any part of a project under a multiyear grant agreement within a reason- able period of time shall be considered to be an eligible project cost only if the applicable eli- gible entity certifies to the Secretary that the eligible entity has demonstrated reasonable diligence in seeking the most favorable financ- ing terms. (i) COST SHARING.— (1) IN GENERAL.—The total amount awarded for a project under the program may not ex- ceed 60 percent of the total eligible project costs described in subsection (h). (2) MAXIMUM FEDERAL INVOLVEMENT.— (A) IN GENERAL.—Subject to subparagraph (B), Federal assistance other than a grant awarded under the program may be provided for a project for which a grant is awarded under the program. (B) LIMITATION.—The total amount of Fed- eral assistance provided for a project for which a grant is awarded under the program shall not exceed 80 percent of the total cost of the project. (C) NON-FEDERAL SHARE.—Secured loans or financing provided under section 603 of title 23 or section 22402 of this title and repaid with local funds or revenues shall be consid- ered to be part of the local share of the cost of a project. (3) APPLICATION TO MULTIYEAR AGREE- MENTS.—Notwithstanding any other provision of this title, in any case in which amounts are provided under the program pursuant to a multiyear agreement, the disbursed Federal share of the cost of the project may exceed the limitations described in paragraphs (1) and (2)(B) for 1 or more years if the total amount of the Federal share of the cost of the project, once completed, does not exceed those limita- tions. (j) GRANT AGREEMENTS.— (1) IN GENERAL.—A project for which an eligi- ble entity receives a multiyear grant under the program shall be carried out in accordance with this subsection. (2) TERMS.—A multiyear grant agreement under this subsection shall— (A) establish the terms of Federal partici- pation in the applicable project; (B) establish the maximum amount of Fed- eral financial assistance for the project; (C) establish a schedule of anticipated Fed- eral obligations for the project that provides for obligation of the full grant amount; (D) describe the period of time for com- pleting the project, regardless of whether that period extends beyond the period of an authorization; and (E) facilitate timely and efficient manage- ment of the applicable project by the eligi- ble entity carrying out the project, in ac- cordance with applicable law. (3) SPECIAL RULES.— (A) IN GENERAL.—A multiyear grant agree- ment under this subsection— (i) shall provide for the obligation of an amount of available budget authority specified in law; (ii) may include a commitment, contin- gent on amounts to be specified in law in advance for commitments under this para- graph, to obligate an additional amount from future available budget authority specified in law; and (iii) shall provide that any funds dis- bursed under the program for the project before the completion of any review re- quired under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) may only cover costs associated with de- velopment-phase activities described in subsection (h)(1)(A). (B) CONTINGENT COMMITMENT.—A contin- gent commitment under this paragraph is not an obligation of the Federal Govern- ment, including for purposes of section 1501 of title 31. (4) SINGLE-YEAR GRANTS.—The Secretary may only provide to an eligible entity a full Page 413 TITLE 49—TRANSPORTATION § 6701 grant under the program in a single year if all reviews required under the National Environ- mental Policy Act of 1969 (42 U.S.C. 4321 et seq.) with respect to the applicable project have been completed before the receipt of any program funds. (k) CONGRESSIONAL NOTIFICATION.— (1) IN GENERAL.—Not later than 30 days be- fore the date on which the Secretary publishes the selection of projects to receive grants under the program, the Secretary shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Com- mittee on Transportation and Infrastructure of the House of Representatives a written no- tice that includes— (A) a list of all project applications re- viewed by the Secretary as part of the selec- tion process; (B) the rating assigned to each project under subsection (f)(4); (C) an evaluation and justification with re- spect to each project for which the Sec- retary will— (i) provide a grant under the program; and (ii) enter into a multiyear grant agree- ment under the program; (D) a description of the means by which the Secretary anticipates allocating among selected projects the amounts made avail- able to the Secretary to carry out the pro- gram; and (E) anticipated funding levels required for the 3 fiscal years beginning after the date of submission of the notice for projects se- lected for grants under the program, based on information available to the Secretary as of that date. (2) CONGRESSIONAL DISAPPROVAL.—The Sec- retary may not provide a grant or any other obligation or commitment to fund a project under the program if a joint resolution is en- acted disapproving funding for the project be- fore the last day of the 30-day period described in paragraph (1). (l) REPORTS.— (1) TRANSPARENCY.—Not later than 60 days after the date on which the grants are an- nounced under the program, the Secretary shall publish on the website of the Department a report that includes— (A) a list of all project applications re- viewed by the Secretary as part of the selec- tion process under the program; (B) the rating assigned to each project under subsection (f)(4); and (C) a description of each project for which a grant has been provided under the pro- gram. (2) COMPTROLLER GENERAL.— (A) ASSESSMENT.—The Comptroller Gen- eral of the United States shall conduct an assessment of the administrative establish- ment, solicitation, selection, and justifica- tion process with respect to the funding of grants under the program. (B) REPORT.—Not later than 18 months after the date on which the initial grants are awarded for projects under the program, the Comptroller General shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Com- mittee on Transportation and Infrastructure of the House of Representatives a report that describes, as applicable— (i) the adequacy and fairness of the proc- ess by which the projects were selected; and (ii) the justification and criteria used for the selection of the projects. (m) AUTHORIZATION OF APPROPRIATIONS.— (1) IN GENERAL.—There is authorized to be appropriated to the Secretary to carry out the program $2,000,000,000 for each of fiscal years 2022 through 2026. (2) OTHER PROJECTS.—Of the amounts made available under paragraph (1), 50 percent shall be set aside for projects that have a project cost of— (A) more than $100,000,000; but (B) less than $500,000,000. (3) ADMINISTRATIVE EXPENSES.—Of the amounts made available to carry out the pro- gram for each fiscal year, the Secretary may reserve not more than 2 percent for the costs of— (A) administering and overseeing the pro- gram; and (B) hiring personnel for the program, in- cluding personnel dedicated to processing permitting and environmental review issues. (4) TRANSFER OF AUTHORITY.—The Secretary may transfer any portion of the amounts re- served under paragraph (3) for a fiscal year to the Administrator of any of the Federal High- way Administration, the Federal Transit Ad- ministration, the Federal Railroad Adminis- tration, or the Maritime Administration to award and oversee grants in accordance with this section. (n) ADDITIONAL REQUIREMENTS.— (1) IN GENERAL.—Each project that receives a grant under this chapter shall achieve compli- ance with the applicable requirements of— (A) subchapter IV of chapter 31 of title 40; (B) title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.); and (C) the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). (2) MODAL REQUIREMENTS.—The Secretary shall, with respect to a project funded by a grant under this section, apply— (A) the requirements of title 23 to a high- way, road, or bridge project; (B) the requirements of chapter 53 to a transit project; and (C) the requirements of section 22905 to a rail project. (3) MULTIMODAL PROJECTS.— (A) IN GENERAL.—Except as otherwise pro- vided in this paragraph, if an eligible project is a multimodal project, the Secretary shall— (i) determine the predominant modal component of the project; and (ii) apply the applicable requirements de- scribed in paragraph (2) of the predomi- nant modal component to the project. Page 414 TITLE 49—TRANSPORTATION § 6702 (B) EXCEPTIONS.— (i) PASSENGER OR FREIGHT RAIL COMPO- NENT.—The requirements of section 22905 shall apply to any passenger or freight rail component of a project. (ii) PUBLIC TRANSPORTATION COMPO- NENT.—The requirements of section 5333 shall apply to any public transportation component of a project. (Added Pub. L. 117–58, div. B, title I, § 21201, Nov. 15, 2021, 135 Stat. 663.) Editorial Notes REFERENCES IN TEXT The date of enactment of this chapter, referred to in subsec. (f)(5), is the date of enactment of Pub. L. 117–58, which was approved Nov. 15, 2021. The National Environmental Policy Act of 1969, re- ferred to in subsecs. (j)(3)(A)(iii), (4), and (n)(1)(C), is Pub. L. 91–190, Jan. 1, 1970, 83 Stat. 852, which is classi- fied generally to chapter 55 (§ 4321 et seq.) of Title 42, The Public Health and Welfare. For complete classi- fication of this Act to the Code, see Short Title note set out under section 4321 of Title 42 and Tables. The Civil Rights Act of 1964, referred to in subsec. (n)(1)(B), is Pub. L. 88–352, July 2, 1964, 78 Stat. 241. Title VI of the Act is classified generally to subchapter V (§ 2000d et seq.) of chapter 21 of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under sec- tion 2000a of Title 42 and Tables. § 6702. Local and regional project assistance (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 per- cent or more of the population continually lived in poverty, as measured by— (i) the 1990 decennial census; (ii) the 2000 decennial census; and (iii) the most recent annual small area income and poverty estimate of the Bu- reau of the Census; (B) any census tract with a poverty rate of not less than 20 percent, as measured by the 5-year data series available from the Amer- ican Community Survey of the Bureau of the Census for the period of 2014 through 2018; and (C) any territory or possession of the United States. (2) ELIGIBLE ENTITY.—The term ‘‘eligible en- tity’’ means— (A) a State; (B) the District of Columbia; (C) any territory or possession of the United States; (D) a unit of local government; (E) a public agency or publicly chartered authority established by 1 or more States; (F) a special purpose district or public au- thority with a transportation function, in- cluding a port authority; (G) a federally recognized Indian Tribe or a consortium of such Indian Tribes; (H) a transit agency; and (I) a multi-State or multijurisdictional group of entities described in any of sub- paragraphs (A) through (H). (3) ELIGIBLE PROJECT.—The term ‘‘eligible project’’ means— (A) a highway or bridge project eligible for assistance under title 23; (B) a public transportation project eligible for assistance under chapter 53; (C) a passenger rail or freight rail trans- portation project eligible for assistance under this title; (D) a port infrastructure investment, in- cluding— (i) inland port infrastructure; and (ii) a land port-of-entry; (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 Govern- ment; (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 pro- gram described in subsection (b)(2); and (H) any other surface transportation infra- structure project that the Secretary con- siders to be necessary to advance the goal of the program. (4) PROGRAM.—The term ‘‘program’’ means the Local and Regional Project Assistance Program established under subsection (b)(1). (5) RURAL AREA.—The term ‘‘rural area’’ means an area that is located outside of an ur- banized area. (6) SECRETARY.—The term ‘‘Secretary’’ means the Secretary of Transportation. (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.— (1) IN GENERAL.—The Secretary shall estab- lish and carry out a program, to be known as the ‘‘Local and Regional Project Assistance Program’’, to provide for capital investments in surface transportation infrastructure. (2) GOAL.—The goal of the program shall be to fund eligible projects that will have a sig- nificant local or regional impact and improve transportation infrastructure. (c) GRANTS.— (1) IN GENERAL.—In carrying out the pro- gram, the Secretary may make grants to eligi- ble entities, on a competitive basis, in accord- ance with this section. (2) AMOUNT.—Except as otherwise provided in this section, each grant made under the pro- gram shall be in an amount equal to— (A) not less than $5,000,000 for an urbanized area; (B) not less than $1,000,000 for a rural area; and (C) not more than $25,000,000. (3) LIMITATION.—Not more than 15 percent of the funds made available to carry out the pro- gram for a fiscal year may be awarded to eligi- ble projects in a single State during that fiscal year.