[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2160 Introduced in House (IH)]

112th CONGRESS
  1st Session
                                H. R. 2160

 To amend title 23, United States Code, to reauthorize and modify the 
 surface transportation project delivery pilot program, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 14, 2011

 Ms. Richardson (for herself and Mr. Filner) introduced the following 
    bill; which was referred to the Committee on Transportation and 
                             Infrastructure

_______________________________________________________________________

                                 A BILL


 
 To amend title 23, United States Code, to reauthorize and modify the 
 surface transportation project delivery pilot program, 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 ``Jobs Through Environmental 
Safeguarding and Streamlining Act of 2011''.

SEC. 2. ADVANCED ACQUISITION OF REAL PROPERTY.

    Section 108 of title 23, United States Code, is amended--
            (1) in subsection (c)(2)(G) by striking ``both the 
        Secretary and the Administrator of the Environmental Protection 
        Agency have concurred'' and inserting ``the Secretary has 
        determined''; and
            (2) by adding at the end the following:
    ``(d) Consideration of Long-Range Transportation Needs.--The 
Secretary is authorized to encourage States and other public 
authorities, where practicable, to acquire transportation rights-of-way 
that are sufficient to accommodate long-range transportation needs, 
where possible through the acquisition of broad rights-of-way that have 
the capacity for future expansion over a 50- to 100-year period and 
that have the potential to accommodate one or more transportation 
modes.''.

SEC. 3. EFFICIENT ENVIRONMENTAL REVIEWS FOR PROJECT DECISIONMAKING.

    (a) Programmatic Compliance.--Section 139(b) of title 23, United 
States Code, is amended--
            (1) in paragraph (2) by inserting ``, and any requirements 
        established under this section may be satisfied,'' after 
        ``exercised''; and
            (2) by adding at the end the following:
            ``(3) Programmatic approaches.--The Secretary may modify 
        the procedures developed under this section to encourage 
        programmatic approaches and strategies with respect to 
        environmental programs and permits.''.
    (b) Designation of DOT Modal Administration To Serve as Lead 
Agency.--Section 139(c)(1) of such title is amended by inserting ``, 
acting through a single modal administration of the Department 
designated by the Secretary,'' after ``Department of Transportation''.
    (c) Project Initiation.--Section 139(e) of such title is amended by 
adding at the end the following: ``The project sponsor may satisfy this 
requirement by submitting to the Secretary a draft notice for 
publication in the Federal Register announcing the preparation of an 
environmental impact statement for the project that contains the 
information required under this subsection.''.
    (d) Coordination Plan.--Section 139(g)(1)(A) of such title is 
amended by striking ``project or category of projects'' and inserting 
``project, category of projects, or program of projects''.
    (e) Guidelines.--Section 139 of such title is amended by adding at 
the end the following:
    ``(m) Guidelines.--
            ``(1) Issuance.--The Secretary shall issue guidelines to 
        assist States and local governmental entities in assuming an 
        increased role under this section in--
                    ``(A) preparing environmental documents for 
                projects under the National Environmental Policy Act of 
                1969; and
                    ``(B) participating in agency consultation.
            ``(2) List of state reports.--The guidelines issued under 
        paragraph (1) shall contain a list of State reports that may be 
        adopted or used by the Secretary (or the Secretary's designee) 
        in satisfying requirements for projects under the National 
        Environmental Policy Act of 1969.
            ``(3) Sovereign immunity.--The guidelines issued under 
        paragraph (1) shall specify the maximum extent to which a State 
        or local government can participate in the environmental review 
        process for a project without being subject to the jurisdiction 
        of Federal courts with respect to such participation.''.
    (f) Reciprocity Agreements.--
            (1) Study.--The Secretary shall conduct a study on the 
        feasibility of entering into reciprocity agreements with States 
        to maximize State participation in the environmental review 
        process for projects (as defined in section 139 of such title) 
        and the potential benefits of such agreements in expediting 
        project delivery.
            (2) Report.--The Secretary shall submit to the Committee on 
        Transportation and Infrastructure of the House of 
        Representatives and the Committee on Environment and Public 
        Works and the Committee on Banking, Housing, and Urban Affairs 
        of the Senate a report on the results of the study.

SEC. 4. SURFACE TRANSPORTATION PROJECT DELIVERY PROGRAM.

    (a) Assumption of Responsibility.--
            (1) Additional responsibility.--Section 327(a)(2)(B)(ii)(I) 
        of title 23, United States Code, is amended to read as follows:
                                    ``(I) responsibility for any 
                                conformity determination (other than a 
                                conformity determination for an 
                                individual project) required under 
                                section 176 of the Clean Air Act (42 
                                U.S.C. 7506); or''.
            (2) Highway projects involving more than one dot modal 
        administration.--Section 327(a)(2) of such title is amended by 
        adding at the end the following:
                    ``(F) Highway projects involving more than one dot 
                modal administration.--
                            ``(i) Treatment of projects.--For purposes 
                        of subparagraph (A), a project shall be treated 
                        as a `highway project' if the Secretary 
                        determines that the Federal Highway 
                        Administration is the lead agency for the 
                        project.
                            ``(ii) Assignment of authorities.--In the 
                        case of a highway project that involves the 
                        Federal Highway Administration and another 
                        modal administration of the Department of 
                        Transportation, the authorities of the 
                        Secretary that may be assigned to a State under 
                        this subsection shall include the authorities 
                        of the Secretary that relate to the Federal 
                        Highway Administration and the other modal 
                        administration.''.
    (b) State Participation.--
            (1) Number of participating states.--Section 327(b)(1) of 
        such title is amended to read as follows:
            ``(1) Selection of participating states.--
                    ``(A) In general.--The Secretary may permit any 
                State that meets the selection criteria contained in 
                paragraph (4) to participate in the program.
                    ``(B) Special rules.--Any State participating in 
                the program on September 30, 2009--
                            ``(i) shall be permitted by the Secretary 
                        to continue to participate in the program; and
                            ``(ii) shall not be required to submit an 
                        application under paragraph (2) in order to 
                        participate in the program.''.
            (2) Written agreement.--Section 327(c) of such title is 
        amended to read as follows:
    ``(c) Written Agreement.--
            ``(1) In general.--A written agreement under this section 
        shall--
                    ``(A) be executed by the Governor or the top-
                ranking transportation official in the State who is 
                charged with responsibility for highway construction;
                    ``(B) be in such form as the Secretary may 
                prescribe;
                    ``(C) provide that the State--
                            ``(i) agrees to assume all or part of the 
                        responsibilities of the Secretary described in 
                        subsection (a);
                            ``(ii) agrees to carry out those 
                        responsibilities using the best available 
                        science;
                            ``(iii) expressly consents, on behalf of 
                        the State, to accept the jurisdiction of the 
                        Federal courts for the compliance, discharge, 
                        and enforcement of any responsibility of the 
                        Secretary assumed by the State;
                            ``(iv) certifies that State laws (including 
                        regulations) are in effect that--
                                    ``(I) authorize the State to take 
                                the actions necessary to carry out the 
                                responsibilities being assumed; and
                                    ``(II) are comparable to section 
                                552 of title 5, including providing 
                                that any decision regarding the public 
                                availability of a document under those 
                                State laws is reviewable by a court of 
                                competent jurisdiction; and
                    ``(D) agrees to maintain the financial resources 
                necessary to carry out the responsibilities being 
                assumed.
            ``(2) Excluded projects.--A written agreement with a State 
        under this section may include a list of projects in the State 
        that are excluded from the program. The list shall be updated 
        annually by mutual agreement between the Secretary and the 
        State.
            ``(3) Term.--A written agreement with a State under this 
        section shall--
                    ``(A) have a term of not more than 5 years; and
                    ``(B) be renewable.
            ``(4) Use of project delivery methods.--A written agreement 
        with a State under this section may not impose on the State a 
        limitation on the use of a project delivery method if the 
        limitation would not otherwise apply to the State under this 
        title or another provision of law. In this paragraph, the term 
        `project delivery method' includes the authority of a State to 
        acquire rights-of-way and conduct final design work for a 
        project with State funds on an at-risk basis prior to 
        completion of the environmental review process for the 
        project.''.
            (3) Audits and monitoring.--Section 327(g) of such title is 
        amended--
                    (A) in the subsection heading by inserting ``and 
                Monitoring'' after ``Audits'';
                    (B) by redesignating paragraph (2) as paragraph 
                (3);
                    (C) by inserting after paragraph (1) the following:
            ``(2) Monitoring.--If a State has been participating in the 
        program pursuant to a written agreement under subsection (c) 
        for a period of 10 consecutive years, the Secretary may monitor 
        compliance by the State with the agreement instead of 
        conducting audits under paragraph (1). If a State, while 
        participating in the monitoring program under this section, 
        repeatedly fails to comply with all aspects of the written 
        agreement under subsection (c), the Secretary shall commence 
        the auditing process. The Secretary shall develop procedures 
        for conducting monitoring under this paragraph.''; and
                    (D) in paragraph (3) (as redesignated by 
                subparagraph (B) of this paragraph) by inserting after 
                ``paragraph (1)'' the following: ``, and the results of 
                monitoring conducted under paragraph (2),''.
    (c) Report to Congress.--Section 327(h) of such title is amended to 
read as follows:
    ``(h) Report to Congress.--
            ``(1) In general.--Not later than 180 days after the date 
        of enactment of the Jobs Through Environmental Safeguarding and 
        Streamlining Act of 2011, and every 4 years thereafter, the 
        Secretary shall make available to the public and submit to the 
        Committee on Transportation and Infrastructure of the House of 
        Representatives and the Committee on Environment and Public 
        Works and the Committee on Banking, Housing, and Urban Affairs 
        of the Senate a report on the results of the program.
            ``(2) Contents.--For each reporting period, the report 
        shall contain, at a minimum, the following:
                    ``(A) An assessment of whether delays were reduced 
                and project delivery was enhanced as a result of the 
                program.
                    ``(B) An assessment of whether there were cost 
                savings for States participating in the program and the 
                Department of Transportation as a result of the 
                program.
                    ``(C) An assessment of whether environmental 
                concerns were protected and considered in States 
                participating in the program at a level consistent with 
                nonparticipating States.
                    ``(D) Recommendations for changes (if any) that 
                could be made to enhance or improve the program.
                    ``(E) An assessment of the impact and effectiveness 
                of an environmental document quality control program of 
                the transportation department of any State 
                participating in the program.''.
    (d) Elimination of Termination Date.--
            (1) In general.--Section 327(i)(1) of such title is 
        repealed.
            (2) Conforming amendments.--Chapter 3 of such title is 
        amended--
                    (A) in section 327--
                            (i) in the section heading by striking 
                        ``pilot''; and
                            (ii) in subsection (a) by striking 
                        ``pilot''; and
                    (B) in the chapter analysis by striking the item 
                relating to section 327 and inserting the following:

``327. Surface transportation project delivery program.''.
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