H.R. 8870

BUILD America 250 Act

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. 10503. Additional categorical exclusions

(a) In general. Not later than 60 days after the date of enactment of this Act, the Secretary shall—

(1) survey the use of categorical exclusions by the Secretary and the heads of other Federal agencies in transportation, multimodal, and infrastructure projects;

(2) notwithstanding subchapter I of chapter 35 of title 44, United States Code, solicit recommendations for the establishment of new categorical exclusions for actions related to transportation, multimodal, and infrastructure projects from—

(A) State departments of transportation;

(B) Amtrak or any other rail carrier that provides intercity rail passenger transportation;

(C) labor organizations representing railroad employees;

(D) Interstate Compacts;

(E) public agencies or publicly chartered authorities established by one or more States;

(F) freight rail carriers and holding companies of such rail carriers; and

(G) any associations representing rail carriers; and

(3) publish to a publicly accessible website of the Department a review describing the information collected pursuant to paragraphs (1) and (2).

(b) New categorical exclusions

(1) Public notice. Not later than 180 days after the date of enactment of this Act, the Secretary shall publish a notice of proposed rulemaking to establish a categorical exclusion for any action—

(A) described in paragraph (2) of subsection (a);

(B) that the Secretary has determined normally does not significantly affect the quality of the human environment; and

(C) that the Secretary determines is appropriate for such a categorical exclusion.

(2) Final rule. Not later than 270 days after the date of enactment of this Act, the Secretary shall issue a final rule establishing any categorical exclusions described in paragraph (1) and determined appropriate by the Secretary.

(c) Definitions. In this section:

(1) Intercity rail passenger transportation. The term intercity rail passenger transportation has the meaning given such term in section 24102 of title 49, United States Code.

(2) Rail carrier. The term rail carrier has the meaning given such term in section 10102 of title 49, United States Code.

F Hazardous Materials Transportation