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136 STAT. 2085 PUBLIC LAW 117–169—AUG. 16, 2022 (b) CLERICAL AMENDMENT.—The analysis for chapter 1 of title 23, United States Code, is further amended by adding at the end the following: ‘‘178. Environmental review implementation funds.’’. SEC. 60506. LOW-CARBON TRANSPORTATION MATERIALS GRANTS. (a) IN GENERAL.—Chapter 1 of title 23, United States Code, is further amended by adding at the end the following: ‘‘§ 179. Low-carbon transportation materials grants ‘‘(a) FEDERAL HIGHWAY ADMINISTRATION APPROPRIATION.—In addition to amounts otherwise available, there is appropriated for fiscal year 2022, out of any money in the Treasury not otherwise appropriated, $2,000,000,000, to remain available until September 30, 2026, to the Administrator to reimburse or provide incentives to eligible recipients for the use, in projects, of construction mate- rials and products that have substantially lower levels of embodied greenhouse gas emissions associated with all relevant stages of production, use, and disposal as compared to estimated industry averages of similar materials or products, as determined by the Administrator of the Environmental Protection Agency, and for the operations and administration of the Federal Highway Adminis- tration to carry out this section. ‘‘(b) REIMBURSEMENT OF INCREMENTAL COSTS; INCENTIVES.— ‘‘(1) IN GENERAL.—The Administrator shall, subject to the availability of funds, either reimburse or provide incentives to eligible recipients that use low-embodied carbon construction materials and products on a project funded under this title. ‘‘(2) REIMBURSEMENT AND INCENTIVE AMOUNTS.— ‘‘(A) INCREMENTAL AMOUNT.—The amount of reimbursement under paragraph (1) shall be equal to the incrementally higher cost of using such materials relative to the cost of using traditional materials, as determined by the eligible recipient and verified by the Administrator. ‘‘(B) INCENTIVE AMOUNT.—The amount of an incentive under paragraph (1) shall be equal to 2 percent of the cost of using low-embodied carbon construction materials and products on a project funded under this title. ‘‘(3) FEDERAL SHARE.—If a reimbursement or incentive is provided under paragraph (1), the total Federal share payable for the project for which the reimbursement or incentive is provided shall be up to 100 percent. ‘‘(4) LIMITATIONS.— ‘‘(A) IN GENERAL.—The Administrator shall only pro- vide a reimbursement or incentive under paragraph (1) for a project on a— ‘‘(i) Federal-aid highway; ‘‘(ii) tribal transportation facility; ‘‘(iii) Federal lands transportation facility; or ‘‘(iv) Federal lands access transportation facility. ‘‘(B) OTHER RESTRICTIONS.—Amounts made available under this section shall not be subject to any restriction or limitation on the total amount of funds available for implementation or execution of programs authorized for Federal-aid highways. ‘‘(C) SINGLE OCCUPANT PASSENGER VEHICLES.—Funds made available under this section shall not be used for Determination. Verification. 23 USC 179. 23 USC 101 prec. VerDate Sep 11 2014 15:35 Oct 25, 2022 Jkt 029139 PO 00169 Frm 00269 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL169.117 PUBL169 jmbennett on LAP3P8D0R2PROD with Publaw