Eligibility for REPAIR infrastructure program projects

(a) National highway performance program Section 119(d)(2) of title 23, United States Code, is amended by adding at the end the following: (T) Construction of a project eligible for assistance under the REPAIR infrastructure program under section 11509 of the Infrastructure Investment and Jobs Act (23 U.S.C. 101 note; Public Law 117–58).. (b) Surface transportation block grant program Section 133 of title 23, United States Code, is amended— (1) in subsection (b), by inserting after paragraph (3) the following: (4) Projects eligible for assistance under the REPAIR infrastructure program under section 11509 of the Infrastructure Investment and Jobs Act (23 U.S.C. 101 note; Public Law 117–58).; and (2) in subsection (c)(2), by striking (5) and inserting (4). (c) Highway safety improvement program Section 148 of title 23, United States Code, is amended— (1) in subsection (a)— (A) by redesignating paragraphs (1) through (16) as paragraphs (2) through (17), respectively; (B) by inserting before paragraph (2) (as so redesignated) the following: (1) Divisive roadway infrastructure (A) In general The term divisive roadway infrastructure means a highway or other transportation facility that creates a barrier to community connectivity, including barriers to mobility, access, or economic development, due to high speeds, grade separations, or other design factors. (B) Inclusions The term divisive roadway infrastructure includes— (i) a limited access highway; (ii) a viaduct; and (iii) any other principal arterial facility.; and (C) in subparagraph (B) of paragraph (5) (as so redesignated)— (i) by redesignating clause (xxix) as clause (xxx); (ii) by inserting after clause (xxviii) the following: (xxix) A project eligible for assistance under the REPAIR infrastructure program under section 11509 of the Infrastructure Investment and Jobs Act (23 U.S.C. 101 note; Public Law 117–58).; and (iii) in clause (xxx) (as so redesignated), by striking (xxviii) and inserting (xxix); (2) in subsection (c)— (A) in paragraph (1)(A), by striking subsections (a)(13) and inserting subsections (a)(14); and (B) in paragraph (2)(A)— (i) in clause (v), by striking and at the end; (ii) in clause (vi), by adding and after the semicolon at the end; and (iii) by adding at the end the following: (vii) to evaluate the impacts of divisive roadway infrastructure;; and (3) in subsection (d)(2)(B)(i), by striking subsection (a)(13) and inserting subsection (a)(14). (d) Congestion mitigation and air quality improvement program Section 149(b) of title 23, United States Code, is amended— (1) in paragraph (10)(B), by striking or at the end; (2) in paragraph (11)(B), by striking the period at the end and inserting; or; and (3) by adding at the end the following: (12) if the project is a project eligible for assistance under the REPAIR infrastructure program under section 11509 of the Infrastructure Investment and Jobs Act (23 U.S.C. 101 note; Public Law 117–58).. (e) Territorial highway program Section 165(c)(6)(A) of title 23, United States Code, is amended by adding at the end the following: (viii) Projects eligible for assistance under the REPAIR infrastructure program under section 11509 of the Infrastructure Investment and Jobs Act (23 U.S.C. 101 note; Public Law 117–58).. (f) National highway freight program Section 167(h)(5)(C) of title 23, United States Code, is amended— (1) by redesignating clauses (xxii) and (xxiii) as clauses (xxiii) and (xxiv), respectively; (2) by inserting after clause (xxi) the following: (xxii) A project eligible for assistance under the REPAIR infrastructure program under section 11509 of the Infrastructure Investment and Jobs Act (23 U.S.C. 101 note; Public Law 117–58).; and (3) in clause (xxiii) (as so redesignated), by striking (xxi) and inserting (xxii). (g) Rural surface transportation grant program Section 173(e)(1) of title 23, United States Code, is amended— (1) in subparagraph (F), by striking or at the end; (2) in subparagraph (G), by striking the period at the end and inserting; or; and (3) by adding at the end the following: (H) a project eligible for assistance under the REPAIR infrastructure program under section 11509 of the Infrastructure Investment and Jobs Act (23 U.S.C. 101 note; Public Law 117–58).. (h) Carbon reduction program Section 175(c) of title 23, United States Code, is amended by striking paragraph (2) and inserting the following: (2) Flexibility (A) In general If the Secretary makes a certification described in subparagraph (B), a State— (i) shall first use funds apportioned under section 104(b)(7) for a project eligible for assistance under the REPAIR infrastructure program under section 11509 of the Infrastructure Investment and Jobs Act (23 U.S.C. 101 note; Public Law 117–58), as determined by the Secretary, taking into consideration any projects that received planning grants under that program; and (ii) if funds remain available after carrying out clause (i), in addition to eligible projects under paragraph (1), may use funds apportioned under section 104(b)(7) for a project eligible under section 133(b). (B) Certification A certification referred to in subparagraph (A) is a certification by the Secretary that the State has demonstrated a reduction in transportation emissions— (i) as estimated on a per capita basis; and (ii) as estimated on a per unit of economic output basis..