[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5455 Introduced in House (IH)]







107th CONGRESS
  2d Session
                                H. R. 5455

  To amend title 23, United States Code, relating to streamlining for 
         highway and transit projects, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 25, 2002

 Mr. Young of Alaska introduced the following bill; which was referred 
         to the Committee on Transportation and Infrastructure

_______________________________________________________________________

                                 A BILL


 
  To amend title 23, United States Code, relating to streamlining for 
         highway and transit projects, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Expediting Project 
Delivery To Improve Transportation and the Environment Act''.
    (b) Table of Contents.--

Sec. 1. Short title; table of contents.
Sec. 2. Findings.
           TITLE I--HIGHWAY AND TRANSIT PROJECT STREAMLINING

Sec. 101. Expediting and improving project development.
Sec. 102. Limitations on claims.
Sec. 103. Protected resources policy.
Sec. 104. Interagency cooperation.
Sec. 105. Program management and oversight.
Sec. 106. Federal program for State environmental review.
              TITLE II--IMPROVING TRANSIT PROGRAM DELIVERY

Sec. 201. Eliminating duplication in compliance requirements for 
                            alcohol and controlled substance testing.
Sec. 202. Very small transit operator option for lower cost compliance 
                            requirements for alcohol and controlled 
                            substance testing.
Sec. 203. Job access and reverse commute grants requirements.
Sec. 204. Grant terms and conditions for buses and bus-related 
                            facilities, for grants made to rural 
                            providers and for elderly and disabled 
                            transit services.
Sec. 205. Grant terms and conditions for buses and bus-related 
                            facilities, for grants made to private 
                            transit providers.
Sec. 206. GSA transit bus purchasing pilot program.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) surface transportation projects play a major role in 
        interstate and foreign commerce;
            (2) delays in our surface transportation projects have a 
        significant negative impact on our Nation's economy;
            (3) planning, design, and construction of surface 
        transportation projects must include an environmental review 
        process that provides local citizenry an opportunity for 
        consideration of and appropriate action to address 
        environmental concerns; and
            (4) the Federal Highway Administration, the Federal Transit 
        Administration, communities, and other Federal, State, and 
        local government agencies must work together to develop a plan, 
        set and honor milestones and deadlines, and work to protect the 
        environment while sustaining the economic vitality that will 
        result from the continued growth of our transportation 
        infrastructure.

           TITLE I--HIGHWAY AND TRANSIT PROJECT STREAMLINING

SEC. 101. EXPEDITING AND IMPROVING PROJECT DEVELOPMENT.

    (a) In General.--Chapter 3 of title 23, United States Code, is 
amended by inserting after section 306 the following:
``Sec. 307. Expediting and improving project development
    ``(a) Definitions.--In this section, the following definitions 
apply:
            ``(1) NEPA process.--The term `NEPA process' means the 
        process for preparing a detailed statement on environmental 
        impact, an environmental assessment, or other document to be 
        prepared under the National Environmental Policy Act of 1969 
        (42 U.S.C. 4321 et seq.), including regulations issued to carry 
        out such Act.
            ``(2) Surface transportation nepa process.--The term 
        `surface transportation NEPA process' means the NEPA process as 
        it applies to a surface transportation project and as it is 
        modified by the procedures set forth in this section.
            ``(3) Surface transportation project.--The term `surface 
        transportation project' means a highway project eligible for 
        Federal assistance from the Highway Trust Fund, and a transit 
        project eligible for Federal assistance from the Highway Trust 
        Fund, for which a detailed statement on environmental impact or 
        an environmental assessment is to be prepared under the 
        National Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
        seq.), including regulations issued to carry out such Act.
    ``(b) Agency Roles and Responsibilities.--
            ``(1) Surface transportation nepa process.--Each Federal 
        agency shall satisfy its obligations, if any, under the 
        National Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
        seq.), including regulations issued to carry out such Act, with 
        respect to a surface transportation project by participating in 
        a surface transportation NEPA process with  respect to such 
project in accordance with this section. To the greatest extent 
practicable, the Federal agency shall also satisfy its obligations, if 
any, under other applicable laws with respect to the project under the 
surface transportation NEPA process and identify during such process 
such obligations to the lead agency for the project.
            ``(2) Lead agency responsibilities.--The lead agency for 
        the surface transportation NEPA process with respect to a 
        surface transportation project shall be the Federal Highway 
        Administration, the Federal Transit Administration, or the 2 
        Administrations jointly in any case in which the project is a 
        project for which both of the Administrations are providing 
        financial assistance. The lead agency shall be responsible for 
        the timely execution of the following actions:
                    ``(A) Determining the purpose and need for the 
                proposed action.
                    ``(B) Determining the alternatives to be considered 
                and the level of detail of analysis of those 
                alternatives, including evaluation of transportation 
                and environmental consequences of those alternatives.
                    ``(C) Determining the appropriate methodologies for 
                measuring transportation needs, transportation 
                benefits, and transportation impacts.
                    ``(D) Developing a schedule for the surface 
                transportation NEPA process and an agency coordination 
                plan, including opportunities for comment and comment 
                deadlines.
                    ``(E) Coordinating efforts to identify and resolve 
                expeditiously any issues that could cause other Federal 
                agencies to oppose or deny approval for a project under 
                any Federal law or that could cause delay in the 
                completion of the surface transportation NEPA process.
                    ``(F) Identifying, as soon as practicable, all 
                Federal and State agencies that may have jurisdiction 
                over environmental-related matters that may be affected 
                by the project or may be required by law to conduct an 
                environmental-related review or analysis of the project 
                or determine whether to issue an environmental-related 
                permit, license, or approval for the project.
                    ``(G) Inviting relevant Federal and State agencies 
                to participate in the surface transportation NEPA 
                process. The invitation shall specify a deadline of no 
                less than 30 days for submittal to the lead agency of 
                responses to the invitation. State agencies, consistent 
                with State law, may choose to participate in the 
                process. The State may provide that all State agencies 
                that have jurisdiction over environmental-related 
                matters that may be affected by the project or may be 
                required by law to conduct an environmental-related 
                review or analysis of the project or determine whether 
                to issue an environmental-related permit, license, or 
                approval for the project, be subject to the process.
                    ``(H) Preparing or ensuring that any detailed 
                statement on environmental impact, environmental 
                assessment, or other document required for the project 
                under the National Environmental Policy Act of 1969 (42 
                U.S.C. 4321 et seq.), is completed in accordance with 
                the surface transportation NEPA process.
            ``(3) Participating agency.--
                    ``(A) Designation.--Any Federal or State agency 
                that is invited by the lead agency to participate in 
                the surface transportation NEPA process for a project 
                shall be treated as a participating agency for purposes 
                of such process, unless the agency informs the lead 
                agency in writing that it has no jurisdiction or 
                authority with respect to the project, has no expertise 
                or information relevant to the project, or has no 
                intention of submitting comments on the project. If an 
                agency invited to participate in such process does not 
                respond to the invitation within the period provided 
                for responses under paragraph (2)(G), the agency shall 
                be treated as accepting the invitation as a 
                participating agency for purposes of such process.
                    ``(B) Responsibilities.--Each participating agency 
                must--
                            ``(i) respond in a timely manner to 
                        requests from the lead agency or the project 
                        sponsor for information or comments regarding 
                        the project or the surface transportation NEPA 
                        process;
                            ``(ii) identify in any comments filed with 
                        the lead agency any issues that, if not 
                        resolved, could cause the participating agency 
                        to oppose or not approve the project (or a 
                        particular alternative for the project) or that 
                        could cause delays in the surface 
                        transportation NEPA process schedule 
                        established by the lead agency; and
                            ``(iii) participate in good faith in any 
                        efforts to identify promptly and resolve any 
                        issues regarding the project that could cause 
                        the agency to oppose or deny approval for the 
                        project or that could cause delays in such 
                        schedule.
                    ``(C) Effect of designation.--Designation as a 
                participating agency under this subsection does not 
                imply support for a proposed project, nor does it imply 
                that an agency has jurisdiction over the project or 
                special expertise in evaluating it.
            ``(4) Project schedule.--The lead agency or the sponsor for 
        a project under this section shall establish, in consultation 
        with the participating agencies for the project, a schedule for 
        completing the surface transportation NEPA process, including 
        any related permits, approvals, reviews, or studies required 
        for the project under other Federal laws and identified under 
        paragraph (1). The project schedule shall include comment 
        opportunities and deadlines for participating agencies as 
        follows:
                    ``(A) Proposal of preliminary project 
                alternatives.--If a detailed statement on environmental 
                impact is being prepared, or in other circumstances 
                determined appropriate by the lead agency, the lead 
                agency shall prepare and submit to the participating 
                agencies a proposed statement of purpose and need and a 
                proposed set of preliminary alternatives for the 
                project. The participating agencies shall submit 
                comments on the proposal to the lead agency not later 
                than the 30th day following the date the lead agency 
                submits the proposal to the participating agencies.
                    ``(B) Proposal of detailed project alternatives.--
                If a detailed statement on environmental impact is 
                being prepared under the surface transportation NEPA 
                process, or in other circumstances determined 
                appropriate by the lead agency, the lead agency shall 
                prepare and submit to the participating agencies a set 
                of proposed alternatives that the lead agency considers 
                to be reasonable alternatives requiring detailed 
                analysis in such process. The participating agencies 
                shall submit comments on the proposal to the lead 
                agency not later than the 30th day following the date 
                the lead agency submits the proposal to the 
                participating agencies.
                    ``(C) Draft environmental impact statement.--The 
                deadline for comments for participating agencies on a 
                draft detailed statement on environmental impact under 
                the surface transportation NEPA process shall be no 
                later than 60 days after public notice of availability 
                of the statement.
                    ``(D) Environmental assessment or draft finding of 
                no significant impact.--In the surface transportation 
                nepa process, the lead agency may circulate an 
                environmental assessment or a draft finding of no 
                significant impact, or both, to participating agencies 
                for an opportunity to comment. If such an opportunity 
                is provided, the deadline for participating agencies to 
                submit comments shall be no more than 45 days after the 
                date of public notice of the availability of the 
                document or documents for comment.
                    ``(E) Additional comment opportunities and 
                deadlines.--
                            ``(i) In general.--Nothing in subparagraphs 
                        (A) through (D) shall preclude other 
                        opportunities for coordination and comment that 
                        are required or permitted by any other law or 
                        that the lead agency deems appropriate.
                            ``(ii) Deadlines.--The comment period for 
                        any opportunity for comments that are provided 
                        in the surface transportation NEPA process 
                        under clause (i), in addition to those 
                        specified in subparagraphs (A) through (D), 
                        shall be 30 days.
            ``(5) Extension and modification.--The lead agency may 
        extend a time limit set forth in paragraph (4) for a period of 
        not to exceed 60 days. The lead agency may only grant under 
        this paragraph one extension of each time limit set forth in 
        paragraph (4). In addition, any time limit set forth in 
        paragraph (4) may be modified with the agreement of the lead 
        agency, the project sponsor, and participating agencies.
            ``(6) Effect of deadline.--The lead agency shall not 
        consider any comments submitted after an applicable comment 
        deadline (including any extension) has passed, nor shall such 
        comments be considered by any court of the United States in 
        reviewing a decision made by the lead agency with respect to 
        the project.
            ``(7) Committee notification.--The lead agency for a 
        project shall promptly notify the Committee on Environment and 
        Public Works of the Senate and the Committee on Transportation 
        and Infrastructure of the House of Representatives whenever a 
        final decision under section 303 of title 49 or the National 
        Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) is 
        not made with respect to the project before the 180th day 
        following the last day for comment with respect to the project 
        under a time limit established by this subsection, including 
        any extension of such time limit under this subsection.
            ``(8) Involvement of the public.--Nothing in this 
        subsection shall limit the involvement of the public, including 
        its ability to comment, in the surface transportation NEPA 
        process.
    ``(c) Purpose and Need.--
            ``(1) Authority of lead agency.--The lead agency in a 
        surface transportation NEPA process with respect to a project 
        under subsection (b) shall define the purpose and need for the 
        project for purposes of such process, after consideration of 
        any comments received in accordance with subsection (b)(4)(A).
            ``(2) Effect of lead agency's definition on participating 
        agencies.--Notwithstanding any other provision of law, a 
        participating agency conducting a review or analysis, or 
        issuing an opinion, permit, license, or approval with respect 
        to a project that is the subject of a surface transportation 
        NEPA process under subsection (b) shall be bound by the project 
        purpose and need as defined by the lead agency in such process. 
        The responsibilities of the head of a participating agency 
        under this paragraph may not be delegated.
            ``(3) Definition of project objectives.--The definition of 
        purpose and need for a surface transportation project under 
        this subsection shall define the objectives that the proposed 
        action is intended to achieve. The objectives may include one 
        or more of the following:
                    ``(A) Addressing an existing or reasonably 
                foreseeable transportation problem, such as traffic 
                congestion or safety hazards.
                    ``(B) Completing a section of independent utility 
                on a transportation corridor or system in a manner 
consistent with the operational and design standards for that corridor 
or system.
                    ``(C) Providing transportation infrastructure to 
                serve State, tribal, or local transportation, land use, 
                economic development, or growth objectives.
                    ``(D) Providing transportation infrastructure to 
                serve national security needs, to promote foreign 
                policy goals, or to serve other national objectives.
    ``(d) Alternatives Analysis.--
            ``(1) Authority of lead agency.--The lead agency in a 
        surface transportation NEPA process with respect to a project 
        under subsection (b) shall determine the alternatives to be 
        considered and the level of detail of the analysis of those 
        alternatives under such process after consideration of any 
        comments received in accordance with this section.
            ``(2) Effect of lead agency's determination on 
        participating agencies.--A participating agency conducting a 
        review or analysis, or issuing an opinion, permit, license, or 
        approval with respect to the project shall be bound by the 
        decisions made by the lead agency regarding the alternatives to 
        be considered and the level of detail of analysis of those 
        alternatives. The responsibilities of the head of a 
        participating agency under this paragraph may not be delegated.
            ``(3) Determining alternatives to be considered.--
                    ``(A) Preliminary alternatives.--The set of 
                preliminary alternatives in the surface transportation 
                NEPA process shall reflect the range of alternatives 
                proposed by the lead agency and any additional 
                alternatives developed by the project sponsor. An 
                alternative may be included in the set of preliminary 
                alternatives even if the lead agency considers it, 
                based on existing information, to be unreasonable.
                    ``(B) Alternatives carried forward for detailed 
                analysis.--In defining the range of reasonable 
                alternatives to be carried forward for detailed 
                analysis in the surface transportation NEPA process, 
                the lead agency may--
                            ``(i) eliminate any alternative that does 
                        not substantially achieve one or more of the 
                        objectives of the project as defined in the 
                        purpose and need definition for the project; 
                        and
                            ``(ii) consolidate similar alternatives, in 
                        order to ensure that the number of alternatives 
                        carried forward is manageable and appropriate, 
                        given the overall magnitude of the project and 
                        complexity of the issues under analysis.
            ``(4) Evaluation of alternatives.--Alternatives that are 
        carried forward for detailed analysis under paragraph (3)(B) 
        may be evaluated in stages, with the level of detail increasing 
        as the number of alternatives is reduced.
            ``(5) Preferred alternative.--Under the surface 
        transportation NEPA process, a preferred alternative, if 
        identified by the lead agency, may be developed to a higher 
        level of detail than other alternatives for such reasons as the 
        sponsor deems appropriate, including--
                    ``(A) satisfying the requirements of environmental 
                permit applications;
                    ``(B) developing and evaluating potential 
                environmental mitigation measures, for potential 
                inclusion in project approval documents;
                    ``(C) developing and evaluating potential methods 
                for reducing project construction costs; and
                    ``(D) responding to comments received during such 
                process.
            ``(6) Lead agency determination of reasonable 
        alternatives.--The lead agency shall determine the reasonable 
        alternatives to the project. Any other Federal or State agency 
        that is participating in the NEPA surface transportation 
        process under this section with respect to the project shall 
        consider only those alternatives to the project that the lead 
        agency has determined are reasonable.
    ``(e) Issue Resolution.--
            ``(1) Request by governor.--The Governor of a State may 
        request, in writing, the assistance of the Secretary of 
        Transportation in resolving any issue that could, in the 
        opinion of the Governor, result in the denial of necessary 
        permits or approvals for a surface transportation project or 
        cause delays in carrying out the project.
            ``(2) Meeting.--Not later than the 30th day following the 
        date of receipt of a Governor's written request under paragraph 
        (1) with respect to a project, the Secretary shall convene a 
        meeting of representatives of the Governor, the Secretary, and 
        the heads of other relevant Federal agencies to address and 
        resolve any issues for which the Governor requested assistance 
        under paragraph (1).
            ``(3) Notice to committees.--If, within 30 days following 
        the date of convening a meeting with respect to a project under 
        paragraph (2), the Governor notifies the Secretary, in writing, 
        that the issues raised by the Governor are still unresolved, 
        the Secretary and the heads of the other relevant Federal 
        agencies shall promptly notify, in writing, the Committee on 
        Transportation and Infrastructure of the House of 
        Representatives and the Committee on Environment and Public 
        Works or the Committee on Banking, Housing, and Urban Affairs 
        of the Senate, as appropriate, of each issue for which the 
        Governor requested assistance under paragraph (1) and the 
        reasons that such issue remains unresolved. The Secretary and 
        heads of such Federal agencies shall transmit additional 
        notices to the Committees every 30 days thereafter in response 
        to any additional notices received from the Governor with 
        respect to the project.
    ``(f) Priority.--If the Secretary and the sponsor of a surface 
transportation project jointly find that the project will provide 
important national or regional benefits and the Secretary notifies the 
heads of other relevant Federal agencies of such finding, the Secretary 
and the heads of such other relevant Federal agencies shall place the 
highest priority in terms of providing personnel and financial 
resources for the project.''.
    (b) Clerical Amendment.--The analysis for such chapter is amended 
by inserting after the item relating to section 306 the following:

``307. Expediting and improving project development.''.
    (c) Conforming Repeals.--Subsections (a), (b), (c), (d), (f), and 
(g) of section 1309 of the Transportation Equity Act for the 21st 
Century (112 Stat. 232-234) are repealed.

SEC. 102. SPECIAL RULES RELATING TO JUDICIAL REVIEW.

    (a) In General.--Chapter 3 of title 23, United States Code, is 
amended by inserting after section 312 the following:
``Sec. 313. Special rules relating to judicial review
    ``(a) Limitations on Claims.--Any claim arising under a Federal law 
challenging a decision made in connection with a surface transportation 
project as defined in section 307 shall be barred unless it is filed 
within 90 days after the date on which final action is taken pursuant 
to the Federal law.
    ``(b) Findings of Fact.--Findings of fact by the lead agency under 
section 307 are conclusive if supported by substantial evidence.
    ``(c) Supreme Court Review.--A decision by a court relating to 
section 307 may be reviewed only by the Supreme Court under section 
1254 of title 28.''.
    (b) Clerical Amendment.--The analysis for such chapter is amended 
by inserting after the item relating to section 312 the following:

``313. Special rules relating to judicial review.''.

SEC. 103. PROTECTED RESOURCES POLICY.

    (a) Policy on Lands and Wildlife and Waterfowl Refuges.--Section 
303 of title 49, United States Code, is amended--
            (1) in subsection (a) by inserting ``Policy.--'' before 
        ``It is'';
            (2) in subsection (b) by inserting ``Cooperation.--'' 
        before ``The Secretary''; and
            (3) by striking subsection (c) and inserting the following:
    ``(c) Protecting Protected Resources.--Except as provided in this 
section, the Secretary shall not approve any transportation project 
(other than any project for a park road or parkway under section 204 of 
title 23) that has a significant impact on a protected resource.
    ``(d) Finding of No Significant Impact.--
            ``(1) In general.--The Secretary may approve a proposed 
        project described in subsection (c) if the  Secretary finds 
that it will not cause a significant impact on any protected resource.
            ``(2) Significance of impact.--For purposes of this 
        subsection, the significance of an impact on a protected 
        resource shall be considered comprehensively, taking into 
        account--
                    ``(A) the value of the protected resource;
                    ``(B) the value of the impacted land within the 
                protected resource;
                    ``(C) the nature and extent of the impact on the 
                protected resource after mitigation, measured both 
                quantitatively and qualitatively; and
                    ``(D) the views of the official with jurisdiction 
                over the protected resource, and, in the case of 
                private property, the views of the principal owner or 
                owners of the property.
            ``(3) Categories of projects.--Not later than 1 year after 
        the date of enactment of this subsection, the Secretary shall 
        issue final regulations listing categories of projects that do 
        not have the potential to cause significant impacts on 
        protected resources. Issuance of such a list shall satisfy the 
        Secretary's obligations under this subsection with respect to 
        all projects within the categories included in the list.
    ``(e) Alternatives Evaluation.--If the Secretary finds that a 
proposed project described in subsection (c) may cause a significant 
impact on a protected resource under this section, the Secretary shall 
develop and evaluate alternatives, as part of the alternatives analysis 
for the NEPA process, if any, for avoiding, minimizing, and mitigating 
the impacts of the project on the protected resource. The Secretary 
shall be responsible for determining the appropriate scope and level of 
detail of such alternatives analysis.
    ``(f) Approval of Significant Impacts.--After conducting an 
evaluation under subsection (e), the Secretary may approve the proposed 
project if the Secretary finds, with respect to the set of alternatives 
carried forward for detailed analysis in the NEPA process, that--
            ``(1) there is no prudent and feasible alternative that 
        would entirely avoid significant impacts on the protected 
        resource;
            ``(2) there is no prudent and feasible alternative that 
        would substantially reduce significant impacts on the protected 
        resource when compared to the selected alternative; and
            ``(3) appropriate measures to minimize the harm to the 
        protected resource have been incorporated into the selected 
        alternative.
    ``(g) Standards.--
            ``(1) Standards for assessing feasibility.--For purposes of 
        subsections (e) and (f), the Secretary may eliminate an 
        alternative as infeasible if the Secretary finds that the 
        alternative cannot be implemented as a matter of sound 
        engineering.
            ``(2) Standards for assessing prudence.--For purposes of 
        subsections (e) and (f), the Secretary may eliminate an 
        alternative as imprudent if the Secretary finds that the 
        drawbacks associated with that alternative clearly and 
        substantially outweigh its benefits. In making this finding, 
        the Secretary shall assess the benefits and drawbacks of the 
        alternative as a whole, taking into account the alternative's 
        ability to achieve the project's objectives, the environmental 
        and other impacts of the alternative (including the impacts on 
        protected resources), the cost of the alternative, and any 
        other factors deemed relevant by the Secretary.
    ``(h) Substitution of Section 106 Compliance.--The Secretary 
satisfies the requirements of this section with respect to a historic 
property (as defined in section 301(5) of the National Historic 
Preservation Act (16 U.S.C. 470w(5))) by satisfying the requirements 
that apply under section 106 of such Act (16 U.S.C. 470f) in a manner 
that results in a determination or an agreement with respect to which 
the State historic preservation officer or tribal historic preservation 
officer, if applicable, concurs. Such requirements are not satisfied if 
the Advisory Council on Historic Preservation (established by section 
201 of such Act (16 U.S.C. 470i)) notifies the Secretary of its 
objection to the determination or agreement.
    ``(i) Exception for Adverse Effect on National Historic Landmark.--
Notwithstanding subsection (h), unless otherwise agreed to by the 
Advisory Council on Historic Preservation and the Secretary, section 
106 compliance under subsection (h) does not satisfy the requirements 
of this section when a proposed project is determined by the Secretary 
to have an adverse effect on a National Historic Landmark designated 
under section 101(a)(1)(B) of such Act (16 U.S.C. 470a(a)(1)(B)).
    ``(j) Definitions.--In this subsection, the following definitions 
apply:
            ``(1) Impact.--The term `impact', as used with respect to a 
        project to be approved by the Secretary, means--
                    ``(A) any direct physical impact caused by the 
                project; and
                    ``(B) any visual, audible, or atmospheric impact 
                caused by the project.
            ``(2) NEPA process.--The term `NEPA process' has the 
        meaning such term has under section 307.
            ``(3) Protected resource.--The term `protected resource' 
        means--
                    ``(A) any publicly owned land within a public park, 
                recreation area, or wildlife or waterfowl refuge of 
                national, State, or local significance (as determined 
                by the Federal, State, or local officials having 
                jurisdiction over the park, area, or refuge); and
                    ``(B) any historic property as defined in section 
                301(5) of the National Historic Preservation Act (16 
                U.S.C. 470w(5)).''.
    (b) Conforming Amendments.--
            (1) Repeal.--Section 138 of title 23, United States Code, 
        is repealed.
            (2) Chapter analysis.--The analysis for chapter 1 of title 
        23, United States Code, is amended by striking the item 
        relating to section 138.

SEC. 104. INTERAGENCY COOPERATION.

    (a) Survey.--
            (1) In general.--The Secretary of Transportation shall 
        conduct biennially a survey of State agencies participating in 
        any of the following activities with respect to projects being 
        carried out with assistance made available from the Highway 
        Trust Fund (including the Mass Transit Account):
                    (A) The preparation of an environmental assessment 
                or environmental impact statement for any such project.
                    (B) The conduct of any other environmental review 
                or analysis with respect to any such project.
                    (C) The issuance of an environmental opinion, 
                permit, license, or approval with respect to any such 
                project.
            (2) Initial deadlines.--The Secretary shall initiate the 
        conduct of the initial survey under this subsection not later 
        than the 90th day following the date of enactment of this Act 
        and shall complete such survey not later than the 180th day 
        following such date of enactment.
            (3) Purpose and form.--To conduct a survey under this 
        subsection, the Secretary shall submit to State agencies 
        engaged in activities described in paragraph (1) a written form 
        that is designed to gauge each surveyed agency's expectations 
        and current experiences with regard to cooperation with 
        division offices of the Federal Highway Administration and the 
        offices of other Federal agencies that are also engaged in such 
        activities.
            (4) Report.--Not later than 180 days after completion of 
        each biennial survey under this subsection, the Secretary shall 
        compile and analyze the results of such survey in a report and 
        provide a copy of such report to all Federal and State agencies 
        engaged in activities described in paragraph (1).
    (b) Review of Survey.--Not later than 210 days after completion of 
each biennial survey under this subsection, the Secretary shall review 
the reports prepared under subsection (a) and recommend regional 
improvements with respect to activities described in subsection (a)(1).
    (c) Plan.--Not later than 1 year after completion of each biennial 
survey under this section, each regional office of a Federal agency 
engaged in an activity described in subsection (a)(1) and each division 
of the Federal Highway Administration shall develop, on the basis of 
the recommendations made under subsection (b), a plan to improve 
interagency cooperation with State agencies engaged in such activities.
    (d) Progress Report.--Not later than 2 years after the date of 
enactment of this Act, the Secretary shall provide to the Committee on 
Environment and Public Works of the Senate and the Committee on 
Transportation and Infrastructure of the House of Representatives a 
progress report on regional efforts to improve interagency cooperation 
with the States being undertaken as a result of the survey and 
conferences carried out under this section.

SEC. 105. PROGRAM MANAGEMENT AND OVERSIGHT.

    (a) In General.--Chapter 3 of title 23, United States Code, is 
amended by inserting after section 320 the following:
``Sec. 321. Program management and oversight
    ``(a) Improving Program Delivery.--The Secretary shall establish a 
comprehensive program to stimulate the development and adoption of 
innovative, effective methods for expediting and improving the 
environmental review process for surface transportation projects. The 
program shall include, at a minimum, the following elements:
            ``(1) Identifying, cataloging, and analyzing current 
        efforts to expedite or improve the environmental review process 
        for surface transportation projects.
            ``(2) Developing and refining guidance materials, such as 
        best practices, checklists, model agreements, and other 
        appropriate materials.
            ``(3) Educating and training practitioners involved in the 
        environmental review process for surface transportation 
        projects.
    ``(b) Measuring Progress.--The Secretary shall establish a 
comprehensive program to measure progress toward improving and 
expediting the environmental review process for surface transportation 
projects. The program shall include, at a minimum--
            ``(1) establishing a comprehensive, consistent set of 
        measurement criteria;
            ``(2) gathering and analyzing data to assess performance 
        based on the established criteria; and
            ``(3) publicly releasing the results of the performance 
        measurement studies on an annual basis.
    ``(c) Analyzing Causes of Delay.--The Secretary shall establish a 
comprehensive program to identify and evaluate factors contributing to 
delays in the environmental review process for surface transportation 
projects. The program shall include, at a minimum--
            ``(1) developing a master list of all regulatory 
        requirements applicable to the environmental review process for 
        surface transportation projects;
            ``(2) monitoring the application of such regulatory 
        requirements on a nationwide basis, in order to identify 
        emerging trends that may tend to increase the compliance 
        burdens associated with such requirements; and
            ``(3) publicly releasing an annual report that analyzes the 
        principal causes of delay affecting the environmental review 
        process for surface transportation projects and recommends 
        specific actions to be taken (including legislative and 
        regulatory changes, if appropriate) in order to address those 
        causes of delay.''.
    (b) Conforming Amendment.--The analysis for such chapter is amended 
by inserting after the item relating to section 320 the following:

``321. Program management and oversight.''.

SEC. 106. FEDERAL PROGRAM FOR STATE ENVIRONMENTAL REVIEW.

    (a) In General.--Chapter 3 of title 23, United States Code, is 
amended by inserting after section 324 the following:
``Sec. 325. Federal program for State environmental review
    ``(a) In General.--Not later than 1 year after the date of 
enactment of the Expediting Project Delivery to Improve Transportation 
and the Environment Act, the Secretary of Transportation, in 
cooperation with the head of any other interested Federal agency, shall 
establish and begin implementation of a program under which States will 
carry out the responsibilities of Federal agencies with respect to 1 or 
more highway or transit projects under 1 or more of the following:
            ``(1) Section 303 of title 49.
            ``(2) The Federal Water Pollution Control Act (33 U.S.C. 
        1251 et seq.).
            ``(3) The National Environmental Policy Act of 1969 (42 
        U.S.C. 4321 et seq.).
            ``(4) Section 307 of this title.
            ``(5) Any other provision of Federal law requiring, with 
        respect to such project, an environmental assessment or 
        environmental impact statement or any other environmental 
        review, analysis, opinion, or issuance of an environmental 
        permit, license, or approval.
    ``(b) State Assumption of Responsibility.--The program established 
under this section shall provide that the head of a Federal agency 
(including the Secretary of Transportation) with any responsibility 
with respect to a highway project under a law referred to in subsection 
(a) shall accept the application of a State within the boundaries of 
which the project will be carried out for authority of the State to 
assume that responsibility if the head of the State agency having 
jurisdiction over matters relating to that responsibility agrees, in 
writing and in a form acceptable to the head of the Federal agency to 
carry out that responsibility subject to the same procedural and 
substantive requirements as would be required if that responsibility 
was carried out by the head of the Federal agency. The district courts 
of the United States shall have exclusive jurisdiction over an action 
against a State for failure to carry out that responsibility.
    ``(c) Effect of Assumption of Responsibility.--Approval of a 
State's assumption of a responsibility with respect to the highway 
project under this section and substantial compliance by the State with 
terms of its agreement to carry out that responsibility shall 
constitute the carrying out of that responsibility for the project for 
the purposes of all Federal law.
    ``(d) Oversight.--For each State participating in the program under 
this section through an agency of the State assuming a responsibility 
under this section, the Secretary, in cooperation with the head of the 
Federal agency for which the responsibility is being assumed, shall 
conduct quarterly audits in the first year of such participation, and 
annual audits every year thereafter, to ensure that the State is 
complying with the State's agreement relating to assumption of the 
responsibility.
    ``(e) Termination.--The head of a Federal agency for which a 
responsibility is assumed by a State agency under this section may 
terminate the participation of any State agency in the program under 
this section if the head of the Federal agency, in cooperation with the 
Council on Environmental Quality, finds that the State agency is not 
complying with the State's agreement under this subsection. A 
termination shall only occur if the head of the State agency is 
notified of the plan and given 180 days to correct State agency 
activities and does not correct such activities to the satisfaction of 
the head of the Federal agency.
    ``(f) Report to Congress.--The Secretary and Council on 
Environmental Quality shall transmit to Congress annual reports on the 
program being carried out under this section.''.
    (b) Clerical Amendment.--The analysis for such chapter is amended 
by inserting after the item relating to section 324 the following:

``325. Federal program for State environmental review.''.

              TITLE II--IMPROVING TRANSIT PROGRAM DELIVERY

SEC. 201. ELIMINATING DUPLICATION IN COMPLIANCE REQUIREMENTS FOR 
              ALCOHOL AND CONTROLLED SUBSTANCE TESTING.

    (a) Mass Transportation Defined.--Section 5331(a)(3) of title 49, 
United States Code, is amended by inserting before the period at the 
end the following: ``, or sections 2303a, 7101(i), and 7302(e) of title 
46, United States Code''.
    (b) Elimination of Dual Testing Programs.--Section 5331 of such 
title is amended by adding at the end the following:
    ``(h) Elimination of Dual Testing Programs.--If the Secretary 
determines that an employee is subject to a test for the use of alcohol 
or a controlled substance under this section and section 20140 or 31306 
of this title or section 2303a, 7101(i), or 7302(e) of title 46 and 
that the testing is covered adequately under both this section and 
under such other section, the Secretary shall take such action as may 
be necessary to ensure that the employee is only subject to the testing 
programs under this section or such other section, as the Secretary may 
designate. For purposes of this subsection, testing under this section 
or any other section includes testing under a regulation prescribed 
under this section or such other section.''.

SEC. 202. VERY SMALL TRANSIT OPERATOR OPTION FOR LOWER COST COMPLIANCE 
              REQUIREMENTS FOR ALCOHOL AND CONTROLLED SUBSTANCE 
              TESTING.

    Section 5331(b)(1) of title 49, United States Code, is amended by 
adding at the end the following:
                    ``(C) Small operator.--Upon application of an 
                entity carrying out mass transportation operations 
                described in subparagraph (A) with a fleet of 5 or less 
                motor vehicles in revenue service, the Secretary may 
                exempt such entity from this subsection if the 
                Secretary determines that the exemption would not 
                adversely affect safety.''.

SEC. 203. JOB ACCESS AND REVERSE COMMUTE GRANTS REQUIREMENTS.

    Section 3037(j) of the Transportation Equity Act for the 21st 
Century (49 U.S.C. 5309 note; 112 Stat. 391) is amended to read as 
follows:
    ``(j) Grant Requirements.--A grant under this section to--
            ``(1) a public body receiving assistance under section 
        5307, 5310, or 5311 of title 49, United States Code, shall be 
subject to the terms and conditions of that section; and
            ``(2) any other entity shall be subject to such terms and 
        conditions as the Secretary determines appropriate.''.

SEC. 204. GRANT TERMS AND CONDITIONS FOR BUSES AND BUS-RELATED 
              FACILITIES, FOR GRANTS MADE TO RURAL PROVIDERS AND FOR 
              ELDERLY AND DISABLED TRANSIT SERVICES.

    Section 5309(a) of title 49, United States Code, is amended--
            (1) by striking ``(1) The Secretary of Transportation may'' 
        and inserting the following:
            ``(1) Purpose of grants and loans.--The Secretary of 
        Transportation may'';
            (2) by striking ``(2) The Secretary of Transportation 
        shall'' and inserting the following:
            ``(2) Terms, conditions, and requirements.--
                    ``(A) In general.--Except as provided in 
                subparagraphs (B) and (C), the Secretary shall''; and
            (3) by adding at the end of paragraph (2) the following:
                    ``(B) Special rules for certain bus recipients and 
                subrecipients.--A grant of funds allocated under 
                subsection (m)(1)(C) to a recipient or subrecipient in 
                an area other than an urbanized area shall be subject 
                to the same terms and conditions as a subrecipient of a 
                grant under section 5311. A grant of funds allocated 
                under subsection (m)(1)(C) to a subrecipient of a grant 
                under section 5310 shall be subject to the same terms 
                and conditions as subrecipients of grants under that 
                section.''.

SEC. 205. GRANT TERMS AND CONDITIONS FOR BUSES AND BUS-RELATED 
              FACILITIES, FOR GRANTS MADE TO PRIVATE TRANSIT PROVIDERS.

    Section 5309(a)(2) of title 49, United States Code, is further 
amended by adding at the end the following:
                    ``(B) Special rules for certain business 
                entities.--A grant of funds allocated under subsection 
                (m)(1)(C) to a business entity that is a subrecipient 
                of a grant under section 5310 or 5311 shall be subject 
                to the same terms and conditions as subrecipients of 
                grants under that section.''.

SEC. 206. GSA TRANSIT BUS PURCHASING PILOT PROGRAM.

    (a) Large Transit Bus Defined.--In this section the term ``large 
transit bus'' means--
            (1) a bus characterized by an elevated passenger deck 
        located over a baggage compartment;
            (2) a heavy-duty transit bus as defined in the American 
        Public Transportation Association Standard Procurement 
        Guidelines-Specifications dated March 25, 1999, and July 3, 
        2001; and
            (3) a bus referenced in the General Services Administration 
        solicitation FFAH-B1-002272-N.
    (b) In General.--The Secretary of Transportation shall carry out a 
program (referred to in this section as the ``program'') to facilitate 
and accelerate the immediate procurement through existing, modified, or 
new sources of supply of the General Services Administration of large 
transit buses by State, local, and regional transportation authorities 
that are recipients of financial assistance from the Federal Transit 
Administration, except for grantees of funds under section 3038 of the 
Transportation Equity Act for the 21st Century (49 U.S.C. 5310 note; 
112 Stat. 392-393).
    (c) Administration.--For the period beginning on the date of 
enactment of this Act and ending on December 31, 2007, the Secretary, 
in consultation and cooperation with the Administrator of General 
Services, shall administer the program under this section.
    (d) Establishment of Multiple Award Schedule by GSA.--During the 
period beginning on the 90th day following the date of enactment of 
this Act and ending on December 31, 2007, the Secretary, with 
assistance from the Administrator of General Services, shall establish 
and publish a multiple award schedule for large transit buses which 
shall permit Federal agencies and State, regional, and local 
transportation authorities that are recipients of financial assistance 
from the Federal Transit Administration to acquire the buses under 
those schedules with such assistance.
    (e) Reopening of General Services Administration Solicitation.--
Notwithstanding any other provision of law, the Administrator shall 
immediately reopen the General Services Administration Solicitation 
FFAH-B1-002272-N to all qualified large transit bus manufacturing 
companies to bid for contracts to sell such buses to State, local, and 
regional transportation authorities that are recipients of Federal 
Transit Administration financial assistance.
    (f) Modifications of Existing GSA Contracts.--Notwithstanding any 
other provision of law, the Administrator shall immediately allow large 
transit bus manufacturing companies who have contracts awarded by the 
General Services Administration under Solicitation FFAH-B1-002272-N 
before the date of enactment of this Act to modify or restructure their 
bids incorporated in such contracts to respond to prospective sales of 
large transit buses to State, local, and regional transportation 
authorities that are recipients of Federal Transit Administration 
financial assistance.
    (g) Authority To Purchase From Existing and New Contracts.--
            (1) In general.--Notwithstanding any other provision of 
        law, State, local, and regional transportation authorities that 
        are recipients of Federal Transit Administration financial 
        assistance are authorized to purchase large transit buses 
        under--
                    (A) contracts awarded by the General Services 
                Administration under Solicitation FFAH-B1-002272-N 
                before to the date of enactment of this Act; and
                    (B) contracts described in subparagraph (A) as 
                modified pursuant to subsection (f).
            (2) Moratorium.--The authority to purchase buses under this 
        subsection shall take effect on the 90th day following the date 
        of enactment of this Act.
    (h) Compliance With Other Laws.--This section shall be carried out 
in accordance with all existing Federal transit laws and requirements.
    (i) Reports.--
            (1) In general.--Not later than March 31, 2003, and 
        annually thereafter, the Secretary shall transmit, in writing, 
        to the Committee on Banking, Housing, and Urban Affairs of the 
        Senate and the Committee on Transportation and Infrastructure 
        of the House of Representatives a report on the results of the 
        program under this section, together with recommendations on 
        potential improvements to the program under this section and 
        whether the program should be expanded to cover buses other 
        than large transit buses.
            (2) Contents.--The report shall describe, with 
        specificity--
                    (A) all measures being taken to accelerate the 
                processes authorized under this section, including 
                estimates of the effects of this section;
                    (B) job creation and retention in the bus and bus 
                manufacturing industries as a result of the program 
                under this section;
                    (C) bus manufacturing economic growth in those 
                States and localities that have participated in the 
                program;
                    (D) the effect of the program on the length of the 
                procurement process required for delivery of buses; and
                    (E) the cost savings, if any, to transit 
                authorities and to the Federal Government resulting 
                from implementation of the program.
                                 <all>