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

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I Federal-Aid Highways

A Authorizations and Programs

B Improved Project Delivery and Environmental Streamlining

Sec. 1218. Updates to categorical exclusions for public transportation projects

(a) Categorical exclusions for public transportation projects. Not later than 18 months after the date of enactment of this Act, the Secretary shall take such action as may be necessary to—

(1) establish such categorical exclusions as the Secretary determines to be relevant and appropriate for use by the Federal Transit Administration with respect to public transportation projects after reviewing categorical exclusions—

(A) adopted by agencies within the Department; and

(B) identified in the most recently conducted process pursuant to section 139(q) of title 23, United States Code;

(2) clarify the application of categorical exclusions under section 771.118 of title 23, Code of Federal Regulations (or any successor regulations), that are explicitly applicable to the assembly, construction, repair, or replacement of transit shelters (or other transit-related shelters) located predominantly within an existing right-of-way; and

(3) minimize, to the greatest extent allowable by law, the requirements for a recipient of assistance under chapter 53 of title 49, United States Code, to complete documentation or studies for use by the Secretary in determining if a project for which such assistance is awarded is subject to—

(A) a categorical exclusion established under paragraph (1);

(B) a categorical exclusion described in paragraph (2); or

(C) the requirements of section 306108 of title 54, United States Code.

(b) Guidance regarding National Historic Preservation Act review. Not later than 180 days after the date of enactment of this Act, the Secretary, taking into consideration 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), shall issue guidance for recipients of assistance described in subsection (a)(3) with respect to the processes and procedures such recipients may experience in attaining, if applicable, review pursuant to section 306108 of title 54, United States Code.

(c) Briefing. Not later than 2 years after the date of enactment of this Act, the Secretary shall brief the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate on the actions undertaken by the Secretary to carry out this section.

(d) Transit shelter defined. In this section, the term transit shelter means a canopy structure or other structure open to the elements on at least 1 side and provides partial weather protection for users of public transportation.

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