H.R. 8870
BUILD America 250 Act
Sponsor: Sam Graves
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
I Federal-Aid Highways
A Authorizations and Programs
B Improved Project Delivery and Environmental Streamlining
(a) Title 23. Section 138 of title 23, United States Code, is amended by adding at the end the following:
(g) Certain undertakings
(1) In general. An undertaking described in appendix A or that has received the appropriate determination described in appendix B of the notice of approval issued by the Advisory Council on Historic Preservation titled Program Comment on Certain Housing, Building, and Transportation Undertakings, published on April 2, 2025 (90 Fed. Reg. 14526) that is part of a transportation program or project shall not be considered use under subsection (a).
(2) Rule of construction. The exemption under paragraph (1) shall not be construed to apply to any other aspect of a transportation program or project that is not an undertaking described in such paragraph.
(3) Applicability on Tribal land. The exemption under this subsection shall not apply to undertakings located on Tribal lands, or to undertakings that may affect historic properties located on Tribal lands, unless the applicable Tribal historic preservation officer or a designated representative of the applicable Indian Tribe has provided prior written notification to the Secretary that the Tribe consents to the use of the exemption under this subsection.
(b) Title 49. Section 303 of title 49, United States Code, is amended—
(1) in subsection (d)(2)(A) by striking , United States Code; and
(2) by adding at the end the following:
(i) Certain undertakings
(1) In general. An undertaking described in appendix A or that has received the appropriate determination described in appendix B of the notice of approval issued by the Advisory Council on Historic Preservation titled Program Comment on Certain Housing, Building, and Transportation Undertakings, published on April 2, 2025, (90 Fed. Reg. 14526) that is part of a transportation program or project shall not be considered use under subsection (a).
(2) Rule of construction. The exemption under paragraph (1) shall not be construed to apply to any other aspect of a transportation program or project that is not an undertaking described in such paragraph.
(3) Applicability on Tribal land. The exemption under this subsection shall not apply to undertakings located on Tribal lands, or to undertakings that may affect historic properties located on Tribal lands, unless the applicable Tribal historic preservation officer or a designated representative of the applicable Indian Tribe has provided prior written notification to the Secretary that the Tribe consents to the use of the exemption under this subsection.
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
F Hazardous Materials Transportation