I 112th CONGRESS 1st Session H. R. 3327 IN THE HOUSE OF REPRESENTATIVES November 2, 2011 Mr. Reed (for himself, Mr. Owens, Mr. Guinta, Mr. Crawford, Mr. Gosar, Mr. Broun of Georgia, and Mr. Westmoreland) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure A BILL To direct the Secretary of Transportation to issue categorical exclusions from environmental assessment requirements for certain highway construction activities, and for other purposes.

1.

Short title

This Act may be cited as the Beneficial Upgrades for Investment and Local Development of Bridges Act of 2011.

2.

Categorical exclusions for certain highway construction activities

(a)

Issuance

The Secretary of Transportation shall issue categorical exclusions from the requirement that an environmental assessment or an environmental impact statement under section 102 of the National Environmental Policy Act of 1969 (42 U.S.C. 4332) be prepared for the following actions: (1)Bridge preventative maintenance, rehabilitation, or replacement activities that— (A)occur on a bridge that is not on the Interstate System; and (B)in the case of a bridge replacement, occur on a bridge that is on or near the existing roadway alignment, with a width functionally consistent with the existing or planned roadway. (2)Modernization of a highway (other than a highway on the Interstate System) by resurfacing, restoration, rehabilitation, reconstruction, adding shoulders, or adding auxiliary lanes (e.g., parking, weaving, turning, climbing). (3)Public and private utilities rehabilitation, reconstruction, and replacement along or within an existing or planned highway right-of-way. (b)

Effect of categorical exclusions

In developing categorical exclusions under subsection (a), the Secretary shall ensure that the actions described in subsection (a) receive the treatment provided for actions under section 771.117(c) of title 23, Code of Federal Regulations, as in effect on the date of enactment of this Act. (c)

Definitions

In this section, the following definitions apply: (1)

Interstate System

The term Interstate System has the meaning given that term in section 101 of title 23, United States Code. (2)

Public and private utilities

the term public and private utilities means public and private highway and drainage appurtenances, including water, sewer, street lighting, gas, and telecommunications facilities and equipment.