H.R. 8870

BUILD America 250 Act

Sponsor: Sam Graves

5 cosponsors
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Official summary

Written by the Congressional Research Service.

Building Unrivaled Infrastructure and Long-term Development for America's 250th Act or the BUILD America 250 Act

This bill authorizes federal surface transportation (highway, public transportation, and rail) programs and activities through FY2031. The bill also establishes or modifies Department of Transportation (DOT) programs and policies that are a part of the federal-aid highway, transit, highway safety, motor carrier, research, hazardous materials, and rail programs. 

For example, the bill authorizes appropriations through FY2031 out of the Highway Trust Fund for the federal-aid highway program, the Transportation Infrastructure Finance and Innovation Act (TIFIA) program, highway safety programs, and bridge programs. The bill also authorizes funding through FY2031 for Amtrak. Current authorization for these programs expires on September 30, 2026.

Among other provisions, the bill

  • establishes a Surface Transportation Accelerator Grant (STAG) discretionary program to fund surface transportation projects in rural, urban, local, and regional communities;
  • requires the Federal Highway Administration to impose a new annual electric vehicle (EV) registration fee, starting at $130 for a covered EV and $35 for a covered plug-in hybrid vehicle;
  • exempts automated driving system technology and equipment from vehicle width requirements;
  • establishes a consolidated state block grant program that allows DOT to allocate a lump sum to participating states to fund public transportation services in rural and urbanized areas;
  • allows state rail safety inspectors to conduct railroad bridge inspections; and
  • establishes a system for state, local, and tribal governments to report safety concerns about the condition of railroad bridges.

Text of the bill

Expand all

I Federal-Aid Highways

A Authorizations and Programs

B Improved Project Delivery and Environmental Streamlining

C Miscellaneous

II Transportation Infrastructure Finance and Innovation

III Public Transportation

A Reforms

B Miscellaneous

C Reorganization and Consolidation of Chapter 53

IV Highway Safety

V Motor Carriers

A General Provisions

B Commercial Motor Vehicle Operators

C Commercial Motor Vehicle Safety

D Household Goods Shipping Consumer Protection Reform

E Safe Integration of Autonomous Commercial Motor Vehicles

VI Innovation

VII Freight and Multimodal Transportation Programs

A Freight Policy

B Multimodal Policy and Programs

VIII Miscellaneous

IX Sport Fishing and Recreational Boating Safety

X Railroads and Hazardous Materials

A Authorization of Appropriations and Grant Reforms

B Amtrak Reforms

C Passenger Rail Policy

D Rail Safety and Innovation

E Project Delivery

Sec. 10502. Categorical exclusions for projects in existing operational rights-of-way

(a) Definitions. In this section:

(1) Covered project. The term covered project means a project or program—

(A) described in subparagraphs (A) through (D) of section 22901(2) of title 49, United States Code;

(B) located entirely within an existing operational right-of-way of a covered railroad facility; and

(C) that—

(i) is contained in a State rail plan developed under chapter 227 of title 49, United States Code; or

(ii) has received a waiver of the requirement of clause (i) pursuant to subsection (c).

(2) Covered railroad facility. The term covered railroad facility means a facility that is—

(A) physically or functionally related to a railroad; and

(B) includes the features associated with the physical footprint of such facility, including—

(i) roadways, tracks and track structures, bridges, tunnels, cuts and fills, and at grade crossings;

(ii) electrification, communication, signaling, and security facilities;

(iii) stations, platforms, and loading and unloading facilities for freight or passengers;

(iv) maintenance-of-way and maintenance-of-equipment facilities;

(v) drainage, water control, and landscaping features and structures;

(vi) areas maintained or used for mitigation, vegetation management, fire safety, visibility, employee access, safety and security, or other purposes related to the rail facility; and

(vii) traffic control signage, parking facilities, transportation power substations, and transportation venting structures.

(3) Existing operational right-of-way. The term existing operational right-of-way means all real property interests acquired for the construction, operation, or mitigation of a covered railroad facility.

(4) Railroad. The term railroad has the same meaning that term in section 20102 of title 49, United States Code.

(b) In general. The Secretary shall—

(1) not later than 120 days after the date of enactment of this Act, amend section 771.116(c) of title 23, Code of Federal Regulations, to add covered projects as a category that may be designated as a categorical exclusion; and

(2) issue guidance for project sponsors that describes the documentation and information necessary to establish a project as a covered project.

(c) Waiver authority. Upon the request of a sponsor of a project or program described in subparagraphs (A) through (D) of section 22901(2) of title 49, United States Code, the Secretary may waive the requirement that such project or program be contained in a State rail plan developed under chapter 227 of title 49, United States Code, in any case in which such plan has not been updated within the previous 5 years.

(d) Extraordinary circumstances. The presumption that an action is covered by a categorical exclusion under subsection (b) shall not apply if the Secretary determines that extraordinary circumstances exist with respect to such action.

(e) Rule of construction. Nothing in this section shall be construed to affect the requirements of part 1105 of title 49, Code of Federal Regulations.

F Hazardous Materials Transportation