- acquisition of a real property interest
includes the acquisition of—
- Administrator
means the Administrator of the Federal Highway Administration.
- advanced modeling technology
means an available or developing technology, including 3-dimensional digital modeling, that can—
- agency
means any agency, department, or other unit of Federal, State, local, or Indian tribal government.
- alcohol concentration
means grams of alcohol per 100 milliliters of blood or grams of alcohol per 210 liters of breath.
- alcoholic beverage
has the meaning given the term in section 158(c).
- alternative fuel vehicle
means a vehicle that is solely operating on—
- apportionment
includes unexpended apportionments made under prior authorization laws.
- asset management
means a strategic and systematic process of operating, maintaining, and improving physical assets, with a focus on both 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.
- authorization
means any environmental license, permit, approval, finding, or other administrative decision related to the environmental review process that is required under Federal law to site, construct, or reconstruct a project.
- automobile graveyard
shall mean any establishment or place of business which is maintained, used, or operated for storing, keeping, buying, or selling wrecked, scrapped, ruined, or dismantled motor vehicles or motor vehicle parts.
- base apportionment
means the combined amount authorized for appropriation for the national highway performance program under section 119, the surface transportation block grant program under section 133, the highway safety improvement program under section 148, the congestion mitigation and air quality improvement program under section 149, the national highway freight program under section 167, the carbon reduction program under section 175, to carry out subsection (c) of the PROTECT program under section 176, and to carry out section 134.
- Bi-State MPO Region
has the meaning given the term “region” in subsection (a) of Article II of the Lake Tahoe Regional Planning Compact (Public Law 96–551;
- carpool
includes a vanpool.) Such a project may include, but is not limited to, such measures as providing carpooling opportunities to the elderly and handicapped, systems for locating potential riders and informing them of convenient carpool opportunities, acquiring vehicles appropriate for carpool use, designating existing highway lanes as preferential carpool highway lanes, providing related traffic control devices, and designating existing facilities for use as preferential parking for carpools.
- carpool project
means any project to encourage the use of carpools and vanpools, including provision of carpooling opportunities to the elderly and individuals with disabilities, systems for locating potential riders and informing them of carpool opportunities, acquiring vehicles for carpool use, designating existing highway lanes as preferential carpool highway lanes, providing related traffic control devices, designating existing facilities for use for preferential parking for carpools, and real-time ridesharing projects, such as projects where drivers, using an electronic transfer of funds, recover costs directly associated with the trip provided through the use of location technology to quantify those direct costs, subject to the condition that the cost recovered does not exceed the cost of the trip provided.
- categorical exclusion
has the meaning given the term in section 771.117(c) of title 23, Code of Federal Regulations (or a successor regulation).
- comparable facility
means a facility that—
- construction
means the supervising, inspecting, actual building, and incurrence of all costs incidental to the construction or reconstruction of a highway or any project eligible for assistance under this title, including bond costs and other costs relating to the issuance in accordance with section 122 of bonds or other debt financing instruments and costs incurred by the State in performing Federal-aid project related audits that directly benefit the Federal-aid highway program.
- convicted
includes adjudicated under juvenile proceedings.
- cost of relocation
includes the entire amount paid by a utility properly attributable to the relocation of a utility facility, minus any increase in the value of the new facility and any salvage value derived from the old facility.
- county
includes corresponding units of government under any other name in States that do not have county organizations and, in those States in which the county government does not have jurisdiction over highways, any local government unit vested with jurisdiction over local highways.
- covered agricultural vehicle
means a vehicle that is transporting unprocessed agricultural crops used for food, feed or fiber, or raw or unfinished forest products, including logs, pulpwood, biomass or wood chips.
- covered funds
means any amounts apportioned to a State under section 104(b), other than amounts suballocated to metropolitan areas and other areas of the State under section 133(d), but including any such amounts required to be set aside for a purpose other than the repair or replacement of a transportation facility under this section.
- covered heavy-duty tow and recovery vehicle
means a vehicle that—
- covered logging vehicle
means a vehicle that—
- covered project
means a project—
- critical infrastructure
means those facilities the incapacity or failure of which would have a debilitating impact on national or regional economic security, national or regional energy security, national or regional public health or safety, or any combination of those matters.
- data improvement activities
includes a project or activity—
- design-build contract
means an agreement that provides for design and construction of a project by a contractor, regardless of whether the agreement is in the form of a design-build contract, a franchise agreement, or any other form of contract approved by the Secretary.
- diesel replacement or retrofit
means a replacement or retrofit, repowering, rebuilding, after treatment, or other technology, as determined by the Administrator.
- documented categorical exclusion
has the meaning given the term in section 771.117(d) of title 23, Code of Federal Regulations (or a successor regulation).
- drug offense
means any criminal offense which proscribes—
- early utility relocation project
means utility relocation activities identified by the State for performance before completion of the environmental review process for the transportation project.
- eligible debt financing instrument
means a bond or other debt financing instrument, including a note, certificate, mortgage, or lease agreement, issued by a State or political subdivision of a State or a public authority, the proceeds of which are used for an eligible project under this title.
- eligible entity
means—
- eligible project
includes—
- eligible recipient
means—
- emergency event
means a natural disaster or catastrophic failure resulting in—
- emergency vehicle
means a vehicle designed to be used under emergency conditions—
- environmental assessment
has the meaning given the term in section 1508.1 of title 40, Code of Federal Regulations (or a successor regulation).
- environmental document
includes an environmental assessment, finding of no significant impact, notice of intent, environmental impact statement, or record of decision under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
- environmental impact statement
means a detailed statement required under section 102(2)(C) of the National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)).
- environmental review process
has the meaning given the term in section 139(a)(5).
- evacuation route
means a transportation route or system that—
- Federal agency
includes a State that has assumed responsibility under section 327.
- Federal Lands access transportation facility
means a public highway, road, bridge, trail, or transit system that is located on, is adjacent to, or provides access to Federal lands for which title or maintenance responsibility is vested in a State, county, town, township, tribal, municipal, or local government.
- Federal lands transportation facility
means a public highway, road, bridge, trail, or transit system that is located on, is adjacent to, or provides access to Federal lands for which title and maintenance responsibility is vested in the Federal Government, and that appears on the national Federal lands transportation facility inventory described in section 203(c).
- Federal-aid highway
means a public highway eligible for assistance under this chapter other than a highway functionally classified as a local road or rural minor collector.
- forest development roads and trails
means forest roads and trails under the jurisdiction of the Forest Service.
- forest road or trail
means a road or trail wholly or partly within, or adjacent to, and serving the National Forest System that is necessary for the protection, administration, and utilization of the National Forest System and the use and development of its resources.
- greenhouse gas
means the air pollutants carbon dioxide, hydrofluorocarbons, methane, nitrous oxide, perfluorocarbons, and sulfur hexafluoride.
- high risk rural road
means any roadway functionally classified as a rural major or minor collector or a rural local road with significant safety risks, as defined by a State in accordance with an updated State strategic highway safety plan.
- highway
includes—
- highway basemap
means a representation of all public roads that can be used to geolocate attribute data on a roadway.
- highway safety improvement program
means projects, activities, plans, and reports carried out under this section.
- highway safety improvement project
means strategies, activities, and projects on a public road that are consistent with a State strategic highway safety plan and—
- historic bridge
means any bridge that is listed on, or eligible for listing on, the National Register of Historic Places.
- HOV
means a vehicle with not fewer than 2 occupants.
- initial construction
means the construction of a highway, bridge, tunnel, or other facility at any time before it is open to traffic.
- integrated congestion management system
means a system for the integration of management and operations of a regional transportation system that includes, at a minimum, traffic incident management, work zone management, traffic signal timing, managed lanes, real-time traveler information, and active traffic management, in order to maximize the capacity of all facilities and modes across the applicable region.
- intelligent freight transportation system
means—
- Interstate System
means the Dwight D.
- junk
shall mean old or scrap copper, brass, rope, rags, batteries, paper, trash, rubber debris, waste, or junked, dismantled, or wrecked automobiles, or parts thereof, iron, steel, and other old or scrap ferrous or nonferrous material.
- junkyard
shall mean an establishment or place of business which is maintained, operated, or used for storing, keeping, buying, or selling junk, or for the maintenance or operation of an automobile graveyard, and the term shall include garbage dumps and sanitary fills.
- large project
means an eligible project with total eligible project costs of greater than $100,000,000.
- lead agency
means the Department of Transportation and, if applicable, any State or local governmental entity serving as a joint lead agency pursuant to this section.
- life-cycle cost analysis
means a process for evaluating the total economic worth of a usable project segment by analyzing initial costs and discounted future costs, such as maintenance, user costs, reconstruction, rehabilitation, restoring, and resurfacing costs, over the life of the project segment.
- longer combination vehicle
means any combination of a truck tractor and 2 or more trailers or semitrailers which operates on the Interstate System at a gross vehicle weight greater than 80,000 pounds.
- low emission and energy-efficient vehicle
means a vehicle that—
- maintenance
means the preservation of the entire highway, including surface, shoulders, roadsides, structures, and such traffic-control devices as are necessary for safe and efficient utilization of the highway.
- maintenance area
means an area that was designated as an air quality nonattainment area, but was later redesignated by the Administrator of the Environmental Protection Agency as an air quality attainment area, under section 107(d) of the Clean Air Act (42 U.S.C. 7407(d)).
- major project
means a project for which—
- materials and equipment
means materials and equipment that are used on a project eligible under this chapter.
- metropolitan planning area
means the geographic area determined by agreement between the metropolitan planning organization for the area and the Governor under subsection (e).
- metropolitan planning organization
means the policy board of an organization established as a result of the designation process under subsection (d).
- minimum average operating speed
means—
- model inventory of roadway elements
means the listing and standardized coding by the Federal Highway Administration of roadway and traffic data elements critical to safety management, analysis, and decisionmaking.
- motor vehicle
means a vehicle driven or drawn by mechanical power and manufactured primarily for use on public highways, but does not include a vehicle operated solely on a rail line or a commercial vehicle.
- motorcycle
means a motor vehicle which is designed to travel on not more than 3 wheels in contact with the surface.
- multimodal project
means a project that requires the approval of more than 1 Department of Transportation operating administration or secretarial office.
- multistate corridor organization
means an organization of a group of States developed through cooperative agreements, coalitions, or other arrangements to promote regional cooperation, planning, and shared project implementation for programs and projects to improve transportation system management and operations for a shared transportation corridor.
- National Highway Freight Network
means the National Highway Freight Network established under section 167.
- National Highway System
means the Federal-aid highway system described in section 103(b).
- natural infrastructure
means infrastructure that uses, restores, or emulates natural ecological processes and—
- non-Federal transportation capital expenditures
includes any payments made by the State for issuance of transportation-related bonds.
- nonmetropolitan area
means a geographic area outside designated metropolitan planning areas.
- nonmetropolitan local official
means elected and appointed officials of general purpose local government in a nonmetropolitan area with responsibility for transportation.
- ocean transport container
has the meaning given the term “freight container” by the International Standards Organization in Series 1, Freight Containers, 3rd Edition (reference number IS0668–1979(E)) as in effect on the date of the enactment of this subsection.
- off-system bridge
means a highway bridge or low water crossing (as defined by the Secretary) located on a public road, other than a bridge or low water crossing (as defined by the Secretary) on a Federal-aid highway.
- open alcoholic beverage container
means any bottle, can, or other receptacle—
- open to public travel
means, with respect to a road, that, except during scheduled periods, extreme weather conditions, or emergencies, the road—
- operating costs for traffic monitoring, management, and control
includes labor costs, administrative costs, costs of utilities and rent, and other costs associated with the continuous operation of traffic control, such as integrated traffic control systems, incident management programs, and traffic control centers.
- over-the-road bus
has the meaning given the term in section 301 of the Americans with Disabilities Act of 1990 (42 U.S.C. 12181).
- passenger vehicle
means a motor vehicle which is designed for transporting 10 individuals or less, including the driver, except that such term does not include a vehicle which is constructed on a truck chassis, a motorcycle, a trailer, or any motor vehicle which is not required on the date of the enactment of this section under a Federal motor vehicle safety standard to be equipped with a belt system.
- 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.
- planning product
means a decision, analysis, study, or other documented information that is the result of an evaluation or decisionmaking process carried out by a metropolitan planning organization or a State, as appropriate, during metropolitan or statewide transportation planning under section 134 or 135, respectively.
- positive protective measures
means temporary traffic barriers, crash cushions, and other strategies to avoid traffic accidents in work zones, including full road closures.
- preventive maintenance
includes pavement preservation programs and activities.
- private entity
means a corporation, partnership, company, or nonprofit organization.
- program
means the bridge investment program established by subsection (b)(1).
- project
means any undertaking eligible for assistance under this title.
- project agreement
means the formal instrument to be executed by the Secretary and the recipient as required by section 106.
- project sponsor
means the agency or other entity, including any private or public-private entity, that seeks approval of the Secretary for a project.
- project to maintain minimum levels of retroreflectivity
means a project that is designed to maintain a highway sign or pavement marking retroreflectivity at or above the minimum levels prescribed in Federal or State regulations.
- proposed action
means an action (within the meaning of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.)) under this title that the Secretary proposes to carry out.
- proposed project
means a surface transportation project for which an environmental review process is required.
- public authority
means a Federal, State, county, town, or township, Indian tribe, municipal or other local government or instrumentality with authority to finance, build, operate, or maintain toll or toll-free facilities.
- public road
means any road or street under the jurisdiction of and maintained by a public authority and open to public travel.
- public transportation vehicle
means a vehicle that—
- qualified prison facility
means any prison facility in which convicts, during the 12-month period ending July 1, 1987, produced materials for use in construction of highways or portions of highways located on a Federal-aid system in existence during that period.
- regional transportation planning organization
means a policy board of an organization established as the result of a designation under section 135(m).
- relevant agency
means the agency with authority under subparagraph (A) or (B) of subsection (b)(1).
- repeat intoxicated driver law
means a State law or combination of laws or programs that provides, as a minimum penalty, that an individual convicted of a second or subsequent offense for driving while intoxicated or driving under the influence after a previous conviction for that offense shall—
- reporting period
means the fiscal year prior to the fiscal year in which a report is issued under subsection (b).
- resilience improvement
means the use of materials or structural or nonstructural techniques, including natural infrastructure—
- right-of-way
means any real property, or interest therein, acquired, dedicated, or reserved for the construction, operation, and maintenance of a highway.
- road safety audit
means a formal safety performance examination of an existing or future road or intersection by an independent multidisciplinary audit team.
- road user
means a motorist, passenger, public transportation operator or user, truck driver, bicyclist, motorcyclist, or pedestrian, including a person with disabilities.
- rural area
means an area that is outside an urbanized area with a population of over 200,000.
- rural areas
means all areas of a State not included in urban areas.
- safe system approach
means a roadway design—
- safety belt
means—
- safety data
includes, in the case of a railway-highway grade crossing, the characteristics of highway and train traffic, licensing, and vehicle data.
- safety improvement project
means a strategy, activity, or project on a public road that is consistent with the State strategic highway safety plan and corrects or improves a roadway feature that constitutes a hazard to road users or addresses a highway safety problem.
- safety rest area
means an area where motor vehicle operators can park their vehicles and rest, where food, fuel, and lodging services are not available, and that is located on a segment of highway with respect to which the Secretary determines there is a shortage of public and private areas at which motor vehicle operators can park their vehicles and rest.
- Secretary
means Secretary of Transportation.
- special exception
means an exception under a State alcohol-ignition interlock law for the following circumstances:
- specified safety project
includes a project that—
- standard passenger vehicle
means a vehicle with 6 inches of clearance from the lowest point of the frame, body, suspension, or differential to the ground.
- State
means any of the 50 States, the District of Columbia, or Puerto Rico.
- State funds
includes funds raised under the authority of the State or any political or other subdivision thereof, and made available for expenditure under the direct control of the State transportation department.
- State highway safety improvement program
means a program of highway safety improvement projects, activities, plans and reports carried out as part of the Statewide transportation improvement program under section 135(g).
- State strategic highway safety plan
means a comprehensive plan, based on safety data, developed by a State transportation department that—
- State transportation department
means any statewide agency of a State with responsibility for one or more modes of transportation.
- systemic safety improvement
means an improvement that is widely implemented based on high-risk roadway features that are correlated with particular crash types, rather than crash frequency.
- territory
means any of the following territories of the United States:
- TIP
means a transportation improvement program developed by a metropolitan planning organization under subsection (j).
- toll facility
means a toll highway, bridge, or tunnel or approach to the highway, bridge, or tunnel constructed under this subsection.
- transportation emissions
means carbon dioxide emissions from on-road highway sources of those emissions within a State.
- transportation facility
means any facility eligible for assistance under section 125.
- transportation management area
means a transportation management area identified or designated by the Secretary under section 134(k)(1).
- transportation project
means a project.
- transportation systems management and operations
means integrated strategies to optimize the performance of existing infrastructure through—
- tribal transportation facility
means a public highway, road, bridge, trail, or transit system that is located on or provides access to tribal land and appears on the national tribal transportation facility inventory described in section 202(b)(1).
- truck stop electrification system
means a system that delivers heat, air conditioning, electricity, or communications to a heavy-duty vehicle.
- urban area
means an urbanized area or, in the case of an urbanized area encompassing more than one State, that part of the urbanized area in each such State, or urban place as designated by the Bureau of the Census having a population of 5,000 or more and not within any urbanized area, within boundaries to be fixed by responsible State and local officials in cooperation with each other, subject to approval by the Secretary.
- urbanized area
means a geographic area with a population of 50,000 or more, as determined by the Bureau of the Census.
- utility facility
means any privately, publicly, or cooperatively owned line, facility, or system for producing, transmitting, or distributing communications, power, electricity, light, heat, gas, oil, crude products, water, steam, waste, storm water not connected with highway drainage, or any other similar commodity, including any fire or police signal system or street lighting system, which directly or indirectly serves the public;
- utility relocation activity
means an activity necessary for the relocation of a utility facility, including preliminary and final design, surveys, real property acquisition, materials acquisition, and construction.
- value engineering analysis
means a systematic process of review and analysis of a project, during the planning and design phases, by a multidisciplinary team of persons not involved in the project, that is conducted to provide recommendations such as those described in subparagraph (B) for—
- vulnerable road user
means a nonmotorist—
- vulnerable road user safety assessment
means an assessment of the safety performance of the State with respect to vulnerable road users and the plan of the State to improve the safety of vulnerable road users as described in subsection (l).