H.R. 8870

BUILD America 250 Act

Sponsor: Sam Graves

5 cosponsors
Follow this bill

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

Sec. 1203. Efficient environmental reviews for project decisionmaking and One Federal Decision

Section 139 of title 23, United States Code, is amended—

(1) in subsection (c)—

(A) in paragraph (1)(B) by striking may and inserting shall; and

(B) in paragraph (7)—

(i) in subparagraph (A) by striking shall review and inserting shall biennially review; and

(ii) in subparagraph (C)—

(I) in the heading by striking Report and inserting Briefing; and

(II) by striking Not later than and all that follows through that includes and inserting Not later than 30 days after the completion of each review required under subparagraph (A), the Secretary shall provide to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a briefing that includes;

(2) in subsection (d)—

(A) in paragraph (2) by striking 45 days and inserting 30 days;

(B) in paragraph (8)(D) by striking project if and inserting project only if; and

(C) in paragraph (10)—

(i) in subparagraph (B) by striking final; and

(ii) in subparagraph (C) by striking subparagraph (A) if and inserting subparagraph (A) only if;

(3) in subsection (f)—

(A) in paragraph (1) by striking process and inserting process and before the definition of a project’s purpose and need in paragraph (2); and

(B) by striking paragraph (2) and inserting the following:

Text this section adds to the law

(2) Definition

(A) In general. The lead agency shall define such project's purpose and need for purposes of any document which the lead agency is responsible for preparing for the project.

(B) Deadline. The lead agency shall define such project’s purpose and need not later than 45 days after—

(i) the submission by the project sponsor of the appropriate information to inform the purpose and need description; or

(ii) any appropriately completed proposed revision to a project that affects the purpose and need description previously prepared or accepted by the lead agency.

(C) Technical assistance. The Secretary may provide a project sponsor with technical assistance in drafting—

(i) a purpose and need statement; and

(ii) any necessary supporting documentation for projects involving Federal approvals from more than 1 Federal agency.

(4) in subsection (g)(1)—

(A) in subparagraph (B) by striking clause (iii) and inserting the following:

Text this section adds to the law

(iii) Major project schedule. To the maximum extent practicable and consistent with applicable Federal law, in the case of a major project, the lead agency shall develop, in concurrence with the project sponsor, a schedule for the major project that is consistent with the following agency averages for the completion of the environmental review process for major projects—

(I) not more than 2 years for an environmental impact statement, as measured from the date of publication of a notice of intent to prepare an environmental impact statement to the record of decision; or

(II) not more than 1 year for an environmental assessment, as measured from the date on which the head of the lead agency determines that an environmental assessment is required to a finding of no significant impact.

; and

(B) by striking subparagraph (D) and inserting the following:

Text this section adds to the law

(D) Modification

(i) In general. Subject to the provisions of this subparagraph, the lead agency may not lengthen or shorten a schedule established under subparagraph (B) except for good cause.

(ii) Provisions

(I) Lengthened schedules. The lead agency may only lengthen a schedule under clause (i) for a cooperating Federal agency by not more than 1 year after the latest deadline established for the major project by the lead agency.

(II) Shortened schedules. The lead agency may not shorten a schedule under clause (i) if doing so would impair the ability of a cooperating Federal agency to conduct necessary analyses or otherwise carry out relevant obligations of the Federal agency for the project.

(5) in subsection (h)—

(A) in paragraph (4) by striking unless significant and inserting unless, as determined by the lead agency, significant and relevant;

(B) in paragraph (7)(D) by striking certifies that and inserting certifies to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate that; and

(C) in paragraph (8)(B)—

(i) in the matter preceding clause (i) by striking 120 days after the date of enactment of the MAP–21 and inserting 90 days; and

(ii) by striking clause (ii) and inserting the following:

Text this section adds to the law

(ii) A project that requires the preparation of an environmental impact statement.

(iii) A sample of not less than 5 percent of the projects requiring preparation of an environmental assessment in each State.

(6) in subsection (i) by striking establish and inserting establish, maintain, and continuously improve;

(7) in subsection (j)(3) by striking section 204 and inserting section 203 or section 204;

(8) in subsection (l)(1) by striking highway or public transportation and inserting highway, public transportation, or rail;

(9) in subsection (n) by striking paragraph (3) and inserting the following:

Text this section adds to the law

(3) Length of environmental documents

(A) Environmental impact statements

(i) In general. Except as provided in clause (ii), an environmental impact statement shall not exceed 150 pages, not including any citations or appendices.

(ii) Extraordinary complexity. An environmental impact statement for a proposed action of extraordinary complexity, as determined by the lead agency, shall not exceed 300 pages, not including any citations or appendices.

(B) Environmental assessments. An environmental assessment shall not exceed 75 pages, not including any citations or appendices.

; and

(10) in subsection (q)—

(A) in paragraph (1) by striking Not later than 60 days after the date of enactment of this subsection, and every 4 years thereafter, the Secretary shall and inserting Not less than every 3 years, the Secretary shall; and

(B) in paragraph (2)—

(i) in subparagraph (F) by striking and at the end;

(ii) by redesignating subparagraph (G) as subparagraph (H); and

(iii) by inserting after subparagraph (F) the following:

Text this section adds to the law

(G) the Environmental Protection Agency; and

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