1.This Act may be cited as the
Jobs Through Environmental
Safeguarding and Streamlining Act of 2011
.
2.Advanced
acquisition of real propertySection 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 needsThe 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.
.
3.Efficient
environmental reviews for project decisionmaking
(a)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)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 agencySection 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)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)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)Section 139 of such title is amended by
adding at the end the following:
(m)
(1)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)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)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)
(1)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)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.
4.Surface
transportation project delivery program
(a)Assumption of
responsibility
(1)Additional
responsibilitySection 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 administrationSection
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)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
authoritiesIn 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)
(1)Number of
participating StatesSection 327(b)(1) of such title is amended
to read as follows:
(1)Selection of
participating States
(A)The Secretary may
permit any State that meets the selection criteria contained in paragraph (4)
to participate in the program.
(B)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)Section 327(c) of such title is amended to read as
follows:
(c)
(1)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)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)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 methodsA 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)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)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)Section 327(h) of such title is amended to read as
follows:
(h)
(1)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)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)Section 327(i)(1) of such title is repealed.
(2)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.
.