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

Sec. 1206. Streamlining of environmental document preparation

(a) Use of planning information. Section 304a of title 49, United States Code, is amended by adding at the end the following:

Text this section adds to the law

(d) Use of planning information. An operating administration of the Department of Transportation that is the lead agency for the preparation of an environmental impact statement may eliminate an alternative for a project proposed in the environmental impact statement from detailed consideration if—

(1) the alternative was previously considered in—

(A) a metropolitan planning process by a metropolitan planning organization;

(B) an environmental review process carried out under State law by a State or local transportation agency; or

(C) a State rail plan under chapter 227 that has been approved by the Secretary;

(2) the lead agency provided guidance to the applicable planning or review entity regarding analysis of alternatives in the applicable planning or review process, including guidance on the requirements of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and any other Federal law necessary for approval of the project;

(3) the applicable metropolitan planning process or State environmental review process included an opportunity for public review and comment that is comparable to the applicable public review and comment requirements of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.);

(4) the applicable planning or review entity considered and, after considering public comments gathered pursuant to paragraph (3), rejected the alternative;

(5) the Federal lead agency independently reviewed the alternative evaluation approved by the applicable planning or review entity; and

(6) the Federal lead agency determined—

(A) in consultation with Federal participating or cooperating agencies, that the alternative to be eliminated from consideration is not necessary for compliance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); or

(B) with the concurrence of Federal agencies with jurisdiction over a permit or approval required for a project, that the alternative to be eliminated from consideration is not necessary for any permit or approval under any other Federal law.

(b) Planning product definition. Section 168(a)(3) of title 23, United States Code, is amended to read as follows:

Text this section adds to the law

(3) Planning product. The term planning product means a decision, analysis, study, or other documented information that is the result of an evaluation or decision-making process of—

(A) a metropolitan planning process by a metropolitan planning organization under section 134;

(B) a State transportation planning process under section 135;

(C) an environmental review process carried out under State law by a State or local transportation agency;

(D) a State rail plan under chapter 227 of title 49 that has been approved by the Secretary; or

(E) any other transportation planning process authorized by State law.

(c) Alternative analysis. Section 139(f)(4)(E) of title 23, United States Code, is amended—

(1) by striking clause (i)(II) and inserting the following:

Text this section adds to the law

(II) the evaluations of alternatives in a planning or review process described in clause (ii)(I).

; and

(2) in clause (ii)—

(A) by striking subclause (I) and inserting the following:

Text this section adds to the law

(I) the alternative was considered in—

(aa) a metropolitan planning process by a metropolitan planning organization;

(bb) a State environmental review process by a State or local transportation agency; or

(cc) a State rail plan under chapter 227 of title 49 that has been approved by the Secretary;

(B) in subclause (II) by striking metropolitan planning organization or State or local transportation agency, as applicable, and inserting applicable planning or review entity;

(C) in subclause (III) by striking metropolitan planning process or State environmental review process and inserting planning or review process;

(D) in subclause (IV) by striking metropolitan planning organization or State or local transportation agency and inserting planning or review entity; and

(E) in subclause (V) by striking metropolitan planning organization or State or local transportation agency and inserting planning or review entity.

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