[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 3031 Introduced in Senate (IS)]







107th CONGRESS
  2d Session
                                S. 3031

    To amend title 23, United States Code, to reduce delays in the 
  development of highway and transit projects, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            October 2, 2002

    Mr. Baucus (for himself, Mr. Crapo, Mr. Warner, and Mr. Craig) 
introduced the following bill; which was read twice and referred to the 
               Committee on Environment and Public Works

_______________________________________________________________________

                                 A BILL


 
    To amend title 23, United States Code, to reduce delays in the 
  development of 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.

    This Act may be cited as the ``Maximum Economic Growth for America 
Through Environmental Streamlining Act'' or the ``MEGA Stream Act''.

SEC. 2. AUTHORITY 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. Authority for State environmental review
    ``(a) Definitions.--In this section:
            ``(1) Environmental impact statement.--The term 
        `environmental impact statement' means an environmental impact 
        statement required to be prepared for a project under the 
        National Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
        seq.).
            ``(2) Highway project.--The term `highway project' means a 
        highway project to be federally funded, in whole or part, under 
        a program administered by the Secretary.
            ``(3) Transit project.--The term `transit project' means a 
        transit project to be federally funded, in whole or part, under 
        a program administered by the Secretary.
    ``(b) Establishment.--Not later than 1 year after the date of 
enactment of this section, the Secretary, in consultation with the 
Council on Environmental Quality, shall establish a program under which 
States carry out the responsibilities of the Secretary with respect to 
1 or more highway projects or transit projects (or classes of those 
projects) under 1 or more of--
            ``(1) the National Environmental Policy Act of 1969 (42 
        U.S.C. 4321 et seq.);
            ``(2) section 326 of this title;
            ``(3) section 303 of title 49 and section 138 of this 
        title; or
            ``(4) such other environmental review or decisionmaking 
        authority of the Secretary as the Secretary determines to be 
        appropriate.
    ``(c) State Assumption of Responsibility.--
            ``(1) In general.--The program established under this 
        section shall provide that the Secretary shall accept the 
        application of a State to assume the responsibility described 
        in subsection (b) with respect to 1 or more projects located 
        within the State, if--
                    ``(A) the Secretary finds that the State has the 
                capability to assume the responsibility; and
                    ``(B) the head of the State agency having principal 
                jurisdiction over highway and transit matters enters 
                into a written agreement with the Secretary described 
                in paragraph (2).
            ``(2) Written agreement.--
                    ``(A) In general.--A written agreement described in 
                this paragraph shall--
                            ``(i) be in such form as the Secretary may 
                        prescribe; and
                            ``(ii) provide that the State--
                                    ``(I) agrees to carry out the 
                                responsibility of the Secretary 
                                described in subsection (b); and
                                    ``(II) submits to the jurisdiction 
                                of United States district courts under 
                                paragraph (4).
                    ``(B) Limited applicability to eis projects.--
                Except as provided in paragraph (3), a written 
                agreement described in this paragraph shall not apply 
                to any project in the State for which an environmental 
                impact statement is required to be prepared.
            ``(3) Responsibility for eis projects.--For 1 or more 
        projects for which an environmental impact statement is 
        required to be prepared, a State may assume the responsibility 
        described in subsection (b) for 1 or more projects only if--
                    ``(A) the State has participated in the program 
                under this section for a period of at least 2 years;
                    ``(B) the Secretary determines that the performance 
                of the State with respect to other projects under this 
section during that 2-year period is satisfactory; and
                    ``(C) the Secretary and the State modify the 
                agreement between the Secretary and the State under 
                paragraph (2), or enter into a separate agreement, 
                under which the State agrees to carry out the 
                responsibility of the Secretary described in subsection 
                (b) with respect to the 1 or more projects.
            ``(4) Jurisdiction.--
                    ``(A) In general.--The United States district 
                courts shall have exclusive jurisdiction over any civil 
                action against a State for failure to carry out any 
                responsibility of the State under this section.
                    ``(B) Legal standards and requirements.--A civil 
                action under subparagraph (A) shall be governed by the 
                legal standards and requirements that would apply in 
                such a civil action against the Secretary had the 
                Secretary taken the actions in question.
                    ``(C) Intervention.--The Secretary shall have the 
                right to intervene in any such action.
    ``(d) Effect of Assumption of Responsibility.--The approval by the 
Secretary of a State's assumption of the responsibility of the 
Secretary with respect to a project under this section, and substantial 
compliance by the State with terms of the agreement between the 
Secretary and the State to carry out that responsibility, shall 
constitute the carrying out of that responsibility for the project for 
the purposes of Federal law.
    ``(e) Audits.--To ensure compliance by a State with any agreement 
of the State under this section (including compliance by the State with 
all Federal laws covered by the agreement), for each State 
participating in the program under this section, the Secretary shall 
conduct--
            ``(1) quarterly audits during each of the first 2 years of 
        State participation; and
            ``(2) annual audits during each subsequent year of State 
        participation.
    ``(f) Termination.--The Secretary may terminate the participation 
of a State in the program under this section if--
            ``(1) the Secretary, in cooperation with the Council on 
        Environmental Quality, determines that the State is not 
        complying with an agreement of the State under this section;
            ``(2) the Secretary provides to the State--
                    ``(A) notification of the determination of 
                noncompliance; and
                    ``(B) a period of at least 30 days during which to 
                take such corrective action as the Secretary determines 
                is necessary to comply with the applicable agreement; 
                and
            ``(3) the State, after the notification and period provided 
        under paragraph (2), fails to take satisfactory corrective 
        action, as determined by the Secretary.
    ``(g) Report to Congress.--The Secretary and the Council on 
Environmental Quality shall report in writing to Congress annually on 
the administration of the program carried out under this section.''.
    (b) Conforming Amendment.--The analysis for chapter 3 of title 23, 
United States Code, is amended by inserting after the item relating to 
section 324 the following:

``325. Authority for State environmental review.''.

SEC. 3. IMPROVEMENT OF PROJECT DEVELOPMENT PROCESS AND ELIMINATION OF 
              UNNECESSARY DELAYS.

    (a) In General.--Chapter 3 of title 23, United States Code (as 
amended by section 2(a)) is amended by inserting after section 325 the 
following:
``Sec. 326. Improvement of project development process and elimination 
              of unnecessary delays
    ``(a) Definitions.--In this section:
            ``(1) Environmental impact statement.--The term 
        `environmental impact statement' has the meaning given the term 
        in section 325(a).
            ``(2) Highway project.--The term `highway project' has the 
        meaning given the term in section 325(a).
            ``(3) NEPA process.--
                    ``(A) In general.--The term `NEPA process' means 
                the process for preparing, for a highway project or 
                transit project--
                            ``(i) an environmental impact statement; or
                            ``(ii) any other document required to be 
                        prepared under the National Environmental 
                        Policy Act of 1969 (42 U.S.C. 4321 et seq.).
                    ``(B) Inclusions.--The term `NEPA process' includes 
                the process for and completion of any environmental 
                permit, approval, review, or study required for a 
                highway project or transit project under any Federal 
                law other than the National Environmental Policy Act of 
                1969 (42 U.S.C. 4321 et seq.).
            ``(4) Transit project.--The term `transit project' has the 
        meaning given the term in section 325(a).
    ``(b) Agency Roles and Responsibilities.--Notwithstanding any other 
provision of law, with respect to a highway project or a transit 
project--
            ``(1) the Department of Transportation shall be the lead 
        agency for purposes of compliance with the National 
        Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.);
            ``(2) each Federal agency shall carry out any obligations 
        of the Federal agency under that Act under the NEPA process in 
        accordance with this section; and
            ``(3) to the maximum extent practicable, each Federal 
        agency shall--
                    ``(A) carry out any obligations of the Federal 
                agency under other applicable law concurrently, and in 
                conjunction, with the NEPA process; and
                    ``(B) during the NEPA process, notify the lead 
                agency of the obligations of the Federal agency with 
                respect to the project.
    ``(c) Statement of Purpose and Need; Alternatives.--Notwithstanding 
any other provision of law, with respect to a highway project or a 
transit project:
            ``(1) Purpose and need.--For any environmental review, 
        analysis, opinion, permit, license or approval that must be 
        issued or made by a Federal agency that requires or uses an 
        analysis of purpose and need for the project, the agency shall 
        be bound by and use the statement of purpose and need developed 
        by the Secretary.
            ``(2) Alternatives.--
                    ``(A) Determination.--The Secretary shall 
                determine--
                            ``(i) the alternatives to be considered, in 
                        addition to the no action alternative; and
                            ``(ii) the level of detail of the analysis 
                        of the alternatives.
                    ``(B) Use.--Any other Federal agency acting under 
                or applying Federal law with respect to the project 
                shall consider only those alternatives that are under 
                consideration by the Secretary.
            ``(3) Comments.--Before determining the purpose and need 
        for a project or the alternatives to be considered and the 
        level of detail of the analysis of the alternatives, the 
        Secretary shall solicit and consider any relevant comments on 
        the project and alternatives from the public and governmental 
        entities.
    ``(d) Additional Responsibilities of Secretary.--
            ``(1) In general.--The Secretary, with respect to a highway 
        project or transit project, shall be responsible for--
                    ``(A) developing a schedule for the NEPA process;
                    ``(B) coordinating efforts to identify and resolve, 
                in an expeditious manner, any issues that could, as 
                determined by the Secretary--
                            ``(i) cause any other Federal agency to 
                        oppose or deny approval for the project under 
                        any Federal law; or
                            ``(ii) cause delay in the completion of the 
                        NEPA process;
                    ``(C) developing an agency coordination plan to 
                carry out subparagraphs (A) and (B) that provides for--
                            ``(i) opportunities for comment by 
                        agencies, an applicant, and the public; and
                            ``(ii) deadlines by which those comments 
                        must be received;
                    ``(D) requesting, in writing, each relevant Federal 
                agency (including each such agency with permitting or 
                approval authority applicable to the project) to 
                participate in the NEPA process, with each such agency 
                required to respond in writing by not later than 30 
                days after the date of issuance of the request; and
                    ``(E) preparing or ensuring that any required 
                environmental impact statement or other document 
                required to be completed under the National 
                Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
                seq.) is completed in accordance with the NEPA process.
            ``(2) Actions with respect to classes of projects and types 
        of actions.--The Secretary may, in appropriate cases, take 
        actions under this subsection with respect to classes of 
        projects or types of actions.
    ``(e) Cooperating Agency.--
            ``(1) Designation.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), any Federal agency that is requested 
                by the lead agency to participate in the NEPA process 
                for a highway project or transit project shall be 
                treated as a cooperating agency for purposes of the 
                NEPA process.
                    ``(B) Exception.--Subparagraph (A) shall not apply 
                in any case in which a Federal agency described in that 
                subparagraph informs the lead agency in writing that 
                the agency--
                            ``(i) has no jurisdiction or authority with 
                        respect to the project;
                            ``(ii) has no expertise or information 
                        relevant to the project; and
                            ``(iii) does not intend to submit comments 
                        on the project.
            ``(2) Nonparticipation.--If an agency requested to 
        participate in the NEPA process under subsection (d)(1)(D) does 
        not respond to the request by the date specified in subsection 
        (d)(1)(D), the agency shall be deemed to have accepted the 
        request to participate as a cooperating agency for purposes of 
        the NEPA process.
            ``(3) Effect of designation.--Designation as a cooperating 
        agency under this subsection shall not imply that the 
        cooperating agency--
                    ``(A) supports a proposed project; or
                    ``(B) has any jurisdiction over, or special 
                expertise with respect to evaluation of, the project.
    ``(f) Project Schedule and Deadlines.--
            ``(1) Schedule.--
                    ``(A) In general.--With respect to a highway 
                project or transit project, the Secretary shall 
                establish, after consultation with each cooperating 
                agency for the project and with the State in which the 
                project is located (and, if the State is not the 
                project sponsor, with the project sponsor), a schedule 
                for completion of the NEPA process for the project.
                    ``(B) Consistency with other time periods.--A 
                schedule under subparagraph (A) shall be consistent 
                with any other relevant time periods established under 
                Federal law.
                    ``(C) Modification.--The Secretary may modify the 
                schedule established under subparagraph (A) for good 
                cause.
                    ``(D) Dissemination.--A copy of a schedule under 
                subparagraph (A) and of any modification to the 
                schedule shall be provided to all cooperating agencies 
                and to the State in which the project is located (and, 
                if the State is not the project sponsor, to the project 
                sponsor).
            ``(2) Comments and comment deadlines.--
                    ``(A) In general.--The schedule established under 
                paragraph (1)(A) shall include opportunities for 
                comment and deadlines for receipt of any comments 
                submitted, including--
                            ``(i) an opportunity to comment on a draft 
                        environmental impact statement for a period of 
                        not more than 45 days after the issuance of 
                        public notice of availability of the draft; and
                            ``(ii) the opportunity to comment required 
                        by subsection (c)(3), which shall be in 
                        addition to and advance of any opportunity to 
                        comment on a draft environmental impact 
                        statement or environmental assessment.
                    ``(B) Extension of comment periods.--The Secretary 
                may extend a period for comment established under this 
                paragraph for good cause.
                    ``(C) Late comments.--A comment concerning a 
                project submitted under this subsection after the date 
                of termination of the applicable comment period or 
                extension of a comment period shall not be considered 
                by the Secretary except with the consent of the project 
                sponsor.
            ``(3) Additional opportunities for comment.--Any comment 
        period with respect to a highway project or transit project 
        provided by the Secretary, under any provision of law other 
        than this subsection, shall be 30 days.
    ``(g) State Authority.--Consistent with State law, a State may--
            ``(1) participate in the NEPA process under this section; 
        and
            ``(2) provide that a State agency shall be subject to the 
        NEPA process if the State agency--
                    ``(A) has jurisdiction over environmental matters 
                that may be affected by a highway project or transit 
                project; or
                    ``(B) is required by law to--
                            ``(i) conduct an environmental review or 
                        analysis of the project; or
                            ``(ii) determine whether to issue an 
                        environmental permit, license, or other 
                        approval for the project.
    ``(h) Secretarial Decision Deadline; Committee Notification.--In 
any case in which a final decision under section 303 of title 49, 
section 138 of this title, or the National Environmental Policy Act of 
1969 (42 U.S.C. 4321 et seq.), relating to a highway project or transit 
project is not made for the project by the date that is 90 days after 
the final day in the comment period, or extension of the comment 
period, established for the project under this section, the Secretary 
shall submit to the Committee on Environment and Public Works of the 
Senate and the Committee on Transportation and Infrastructure of the 
House of Representatives--
            ``(1) as soon as practicable after the 90-day period, an 
        initial notice of the failure to make a final decision; and
            ``(2) every 60 days thereafter until such date as all final 
        decisions for the project have been made, an additional notice 
        that describes the number of final decisions that remain 
        outstanding as of the date of the additional notice.
    ``(i) Other Agency Decision Deadlines; Committee Notification.--In 
any case in which a decision under this title, chapter 53 of title 49, 
or any other provision of law relating to a highway project or transit 
project (including the issuance or denial of a permit or license) is 
required to be made by a Federal officer other than the Secretary for 
the project, but is not made by the date that is 180 days after the 
date on which the Secretary made all final decisions of the lead agency 
with respect to the project, or 180 days after the date the permit or 
license or other approval was applied for, whichever is later, the 
Secretary shall submit to the Committee on Environment and Public Works 
of the Senate and the Committee on Transportation and Infrastructure of 
the House of Representatives--
            ``(1) as soon as practicable after the 180-day period, an 
        initial notice of the failure of the Federal agency to make the 
        decision; and
            ``(2) every 60 days thereafter until such date as all 
        decisions of the Federal agency relating to the project have 
        been made by the Federal agency, an additional notice that 
        describes the number of decisions of the Federal agency that 
        remain outstanding as of the date of the additional notice.
    ``(j) Notices by a State.--A State that has assumed the 
responsibility of the Secretary under this section pursuant to section 
325 shall submit any notice required to be submitted by the Secretary 
under subsection (h) or (i) to the Secretary, and Secretary shall 
transmit the notice to Congress.
    ``(k) Categorical Exclusions.--Nothing in this section imposes on 
the Secretary any requirement, with respect to a highway project or 
transit project subject to a categorical exclusion under the National 
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), beyond any 
requirement imposed with respect to the project as of the date of 
enactment of this section.
    ``(l) CEQ Regulations.--
            ``(1) In general.--Regulations of the Council on 
        Environmental Quality implementing the National Environmental 
        Policy Act of 1969 (42 U.S.C. 4321 et seq.) shall continue to 
        apply to highway projects and transit projects except to the 
        extent that the regulations are inconsistent with this section 
        and section 325, as determined by the Secretary.
            ``(2) Nondelegation.--The authority of the Secretary under 
        this subsection may not be delegated to a State under section 
        325.''.
    (b) Conforming Repeals.--Section 1309 of the Transportation Equity 
Act for the 21st Century (112 Stat. 232) is amended--
            (1) by striking subsections (a), (b), (c), (d), and (f); 
        and
            (2) by redesignating subsections (e) and (g) as subsections 
        (a) and (b), respectively.
    (c) Conforming Amendment.--The analysis for chapter 3 of title 23, 
United States Code (as amended by section 2(b)) is amended by inserting 
after the item relating to section 325 the following:

``326. Improvement of project development process and elimination of 
                            unnecessary delays.''.
                                 <all>