[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4348 Engrossed in House (EH)]
112th CONGRESS
2d Session
H. R. 4348
_______________________________________________________________________
AN ACT
To provide an extension of Federal-aid highway, highway safety, motor
carrier safety, transit, and other programs funded out of the Highway
Trust Fund pending enactment of a multiyear law reauthorizing such
programs, 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. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Table of contents.
TITLE I--SURFACE TRANSPORTATION EXTENSION
Sec. 101. Short title.
Subtitle A--Federal-Aid Highways
Sec. 111. Extension of Federal-aid highway programs.
Subtitle B--Extension of Highway Safety Programs
Sec. 121. Extension of National Highway Traffic Safety Administration
highway safety programs.
Sec. 122. Extension of Federal Motor Carrier Safety Administration
programs.
Sec. 123. Additional programs.
Subtitle C--Public Transportation Programs
Sec. 131. Allocation of funds for planning programs.
Sec. 132. Special rule for urbanized area formula grants.
Sec. 133. Allocating amounts for capital investment grants.
Sec. 134. Apportionment of formula grants for other than urbanized
areas.
Sec. 135. Apportionment based on fixed guideway factors.
Sec. 136. Authorizations for public transportation.
Sec. 137. Amendments to SAFETEA-LU.
Subtitle D--Highway Trust Fund Extension
Sec. 141. Extension of highway-related taxes.
Sec. 142. Extension of trust fund expenditure authority.
TITLE II--KEYSTONE XL PIPELINE
Sec. 201. Short title.
Sec. 202. Restriction.
Sec. 203. Permit.
Sec. 204. Relation to other law.
TITLE III--RESTORE ACT
Sec. 301. Short title.
Sec. 302. Gulf Coast Restoration Trust Fund.
TITLE IV--HARBOR MAINTENANCE PROGRAMS
Sec. 401. Funding for harbor maintenance programs.
TITLE V--COAL COMBUSTION RESIDUALS
Sec. 501. Highway and infrastructure safety through the protection of
coal combustion residual recycling.
TITLE VI--ENVIRONMENTAL STREAMLINING
Sec. 601. Amendments to title 23, United States Code.
Sec. 602. Declaration of policy.
Sec. 603. Exemption in emergencies.
Sec. 604. Advance acquisition of real property interests.
Sec. 605. Standards.
Sec. 606. Letting of contracts.
Sec. 607. Elimination of duplication in historic preservation
requirements.
Sec. 608. Funding threshold.
Sec. 609. Efficient environmental reviews for project decisionmaking.
Sec. 610. Disposal of historic properties.
Sec. 611. Integration of planning and environmental review.
Sec. 612. Development of programmatic mitigation plans.
Sec. 613. State assumption of responsibility for categorical
exclusions.
Sec. 614. Surface transportation project delivery program.
Sec. 615. Program for eliminating duplication of environmental reviews.
Sec. 616. State performance of legal sufficiency reviews.
Sec. 617. Categorical exclusions.
Sec. 618. Environmental review process deadline.
Sec. 619. Relocation assistance.
TITLE I--SURFACE TRANSPORTATION EXTENSION
SEC. 101. SHORT TITLE.
This title may be cited as the ``Surface Transportation Extension
Act of 2012, Part II''.
Subtitle A--Federal-Aid Highways
SEC. 111. EXTENSION OF FEDERAL-AID HIGHWAY PROGRAMS.
(a) In General.--Section 111 of the Surface Transportation
Extension Act of 2011, Part II (Public Law 112-30; 125 Stat. 343) is
amended--
(1) by striking ``the period beginning on October 1, 2011,
and ending on June 30, 2012,'' each place it appears and
inserting ``fiscal year 2012'';
(2) by striking ``\3/4\ of'' each place it appears; and
(3) in subsection (a) by striking ``June 30, 2012'' and
inserting ``September 30, 2012''.
(b) Use of Funds.--Section 111(c) of the Surface Transportation
Extension Act of 2011, Part II (125 Stat. 343) is amended--
(1) in paragraph (3)--
(A) in subparagraph (A) by striking ``, except that
during such period'' and all that follows before the
period at the end; and
(B) in subparagraph (B)(ii) by striking
``$479,250,000'' and inserting ``$639,000,000''; and
(2) by striking paragraph (4).
(c) Extension of Authorizations Under Title V of SAFETEA-LU.--
Section 111(e)(2) of the Surface Transportation Extension Act of 2011,
Part II (125 Stat. 343) is amended by striking ``the period beginning
on October 1, 2011, and ending on June 30, 2012.'' and inserting
``fiscal year 2012.''.
(d) Administrative Expenses.--Section 112(a) of the Surface
Transportation Extension Act of 2011, Part II (125 Stat. 346) is
amended by striking ``$294,641,438 for the period beginning on October
1, 2011, and ending on June 30, 2012.'' and inserting ``$392,855,250
for fiscal year 2012.''.
Subtitle B--Extension of Highway Safety Programs
SEC. 121. EXTENSION OF NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION
HIGHWAY SAFETY PROGRAMS.
(a) Chapter 4 Highway Safety Programs.--Section 2001(a)(1) of
SAFETEA-LU (119 Stat. 1519) is amended by striking ``$235,000,000 for
each of fiscal years 2009 through 2011'' and all that follows through
the period at the end and inserting ``and $235,000,000 for each of
fiscal years 2009 through 2012.''.
(b) Highway Safety Research and Development.--Section 2001(a)(2) of
SAFETEA-LU (119 Stat. 1519) is amended by striking ``and $81,183,000
for the period beginning on October 1, 2011, and ending on June 30,
2012.'' and inserting ``and $105,500,000 for fiscal year 2012.''.
(c) Occupant Protection Incentive Grants.--Section 2001(a)(3) of
SAFETEA-LU (119 Stat. 1519) is amended by striking ``, $25,000,000 for
each of fiscal years 2006 through 2011'' and all that follows through
the period at the end and inserting ``and $25,000,000 for each of
fiscal years 2006 through 2012.''.
(d) Safety Belt Performance Grants.--Section 2001(a)(4) of SAFETEA-
LU (119 Stat. 1519) is amended by striking ``and $36,375,000 for the
period beginning on October 1, 2011, and ending on June 30, 2012.'' and
inserting ``and $48,500,000 for fiscal year 2012.''.
(e) State Traffic Safety Information System Improvements.--Section
2001(a)(5) of SAFETEA-LU (119 Stat. 1519) is amended by striking ``for
each of fiscal years 2006 through 2011'' and all that follows through
the period at the end and inserting ``for each of fiscal years 2006
through 2012.''.
(f) Alcohol-Impaired Driving Countermeasures Incentive Grant
Program.--Section 2001(a)(6) of SAFETEA-LU (119 Stat. 1519) is amended
by striking ``$139,000,000 for each of fiscal years fiscal years 2009
through 2011'' and all that follows through the period at the end and
inserting ``and $139,000,000 for each of fiscal years 2009 through
2012.''.
(g) National Driver Register.--Section 2001(a)(7) of SAFETEA-LU
(119 Stat. 1520) is amended by striking ``and $3,087,000 for the period
beginning on October 1, 2011, and ending on June 30, 2012.'' and
inserting ``and $4,000,000 for fiscal year 2012.''.
(h) High Visibility Enforcement Program.--Section 2001(a)(8) of
SAFETEA-LU (119 Stat. 1520) is amended by striking ``for each of fiscal
years 2006 through 2011'' and all that follows through the period at
the end and inserting ``for each of fiscal years 2006 through 2012.''.
(i) Motorcyclist Safety.--Section 2001(a)(9) of SAFETEA-LU (119
Stat. 1520) is amended by striking ``$7,000,000 for each of fiscal
years 2009 through 2011'' and all that follows through the period at
the end and inserting ``and $7,000,000 for each of fiscal years 2009
through 2012.''.
(j) Child Safety and Child Booster Seat Safety Incentive Grants.--
Section 2001(a)(10) of SAFETEA-LU (119 Stat. 1520) is amended by
striking ``$7,000,000 for each of fiscal years 2009 through 2011'' and
all that follows through the period at the end and inserting ``and
$7,000,000 for each of fiscal years 2009 through 2012.''.
(k) Administrative Expenses.--Section 2001(a)(11) of SAFETEA-LU
(119 Stat. 1520) is amended by striking ``$25,328,000 for fiscal year
2011'' and all that follows through the period at the end and inserting
``and $25,328,000 for each of fiscal years 2011 and 2012.''.
SEC. 122. EXTENSION OF FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION
PROGRAMS.
(a) Motor Carrier Safety Grants.--Section 31104(a)(8) of title 49,
United States Code, is amended to read as follows:
``(8) $212,000,000 for fiscal year 2012.''.
(b) Administrative Expenses.--
(1) In general.--Section 31104(i)(1)(H) of title 49, United
States Code, is amended to read as follows:
``(H) $244,144,000 for fiscal year 2012.''.
(2) Technical correction.--Section 31104(i)(1)(F) of title
49, United States Code, is amended to read as follows:
``(F) $239,828,000 for fiscal year 2010;''.
(c) Grant Programs.--Section 4101(c) of SAFETEA-LU (119 Stat. 1715)
is amended--
(1) in paragraph (1) by striking ``and $22,500,000 for the
period beginning on October 1, 2011, and ending on June 30,
2012.'' and inserting ``and $30,000,000 for fiscal year
2012.'';
(2) in paragraph (2) by striking ``2011 and $24,000,000 for
the period beginning on October 1, 2011, and ending on June 30,
2012.'' and inserting ``2012.'';
(3) in paragraph (3) by striking ``2011 and $3,750,000 for
the period beginning on October 1, 2011, and ending on June 30,
2012.'' and inserting ``2012.'';
(4) in paragraph (4) by striking ``2011 and $18,750,000 for
the period beginning on October 1, 2011, and ending on June 30,
2012.'' and inserting ``2012.''; and
(5) in paragraph (5) by striking ``2011 and $2,250,000 for
the period beginning on October 1, 2011, and ending on June 30,
2012.'' and inserting ``2012.''.
(d) High-Priority Activities.--Section 31104(k)(2) of title 49,
United States Code, is amended by striking ``2011 and $11,250,000 for
the period beginning on October 1, 2011, and ending on June 30, 2012,''
and inserting ``2012''.
(e) New Entrant Audits.--Section 31144(g)(5)(B) of title 49, United
States Code, is amended by striking ``and up to $21,750,000 for the
period beginning on October 1, 2011, and ending on June 30, 2012,''.
(f) Outreach and Education.--Section 4127(e) of SAFETEA-LU (119
Stat. 1741) is amended by striking ``and 2011 (and $750,000 to the
Federal Motor Carrier Safety Administration, and $2,250,000 to the
National Highway Traffic Safety Administration, for the period
beginning on October 1, 2011, and ending on June 30, 2012)'' and
inserting ``2011, and 2012''.
(g) Grant Program for Commercial Motor Vehicle Operators.--Section
4134(c) of SAFETEA-LU (119 Stat. 1744) is amended by striking ``2011
and $750,000 for the period beginning on October 1, 2011, and ending on
June 30, 2012,'' and inserting ``2012''.
(h) Motor Carrier Safety Advisory Committee.--Section 4144(d) of
SAFETEA-LU (119 Stat. 1748) is amended by striking ``June 30, 2012''
and inserting ``September 30, 2012''.
(i) Working Group for Development of Practices and Procedures To
Enhance Federal-State Relations.--Section 4213(d) of SAFETEA-LU (49
U.S.C. 14710 note; 119 Stat. 1759) is amended by striking ``June 30,
2012'' and inserting ``September 30, 2012''.
SEC. 123. ADDITIONAL PROGRAMS.
(a) Hazardous Materials Research Projects.--Section 7131(c) of
SAFETEA-LU (119 Stat. 1910) is amended by striking ``and $870,000 for
the period beginning on October 1, 2011, and ending on June 30, 2012,''
and inserting ``and $1,160,000 for fiscal year 2012''.
(b) Dingell-Johnson Sport Fish Restoration Act.--Section 4 of the
Dingell-Johnson Sport Fish Restoration Act (16 U.S.C. 777c) is
amended--
(1) in subsection (a) by striking ``2011 and for the period
beginning on October 1, 2011, and ending on June 30, 2012,''
and inserting ``2012,''; and
(2) in the first sentence of subsection (b)(1)(A) by
striking ``2011 and for the period beginning on October 1,
2011, and ending on June 30, 2012,'' and inserting ``2012,''.
Subtitle C--Public Transportation Programs
SEC. 131. ALLOCATION OF FUNDS FOR PLANNING PROGRAMS.
Section 5305(g) of title 49, United States Code, is amended by
striking ``2011 and for the period beginning on October 1, 2011, and
ending on June 30, 2012'' and inserting ``2012''.
SEC. 132. SPECIAL RULE FOR URBANIZED AREA FORMULA GRANTS.
Section 5307(b)(2) of title 49, United States Code, is amended--
(1) by striking the paragraph heading and inserting
``Special rule for fiscal years 2005 through 2012.--'';
(2) in subparagraph (A) by striking ``2011 and the period
beginning on October 1, 2011, and ending on June 30, 2012,''
and inserting ``2012,''; and
(3) in subparagraph (E)--
(A) by striking the subparagraph heading and
inserting ``Maximum amounts in fiscal years 2008
through 2012.--''; and
(B) in the matter preceding clause (i) by striking
``2011 and during the period beginning on October 1,
2011, and ending on June 30, 2012'' and inserting
``2012''.
SEC. 133. ALLOCATING AMOUNTS FOR CAPITAL INVESTMENT GRANTS.
Section 5309(m) of title 49, United States Code, is amended--
(1) in paragraph (2)--
(A) by striking the paragraph heading and inserting
``Fiscal years 2006 through 2012.--'';
(B) in the matter preceding subparagraph (A) by
striking ``2011 and the period beginning on October 1,
2011, and ending on June 30, 2012,'' and inserting
``2012''; and
(C) in subparagraph (A)(i) by striking ``2011 and
$150,000,000 for the period beginning on October 1,
2011, and ending on June 30, 2012,'' and inserting
``2012'';
(2) in paragraph (6)--
(A) in subparagraph (B) by striking ``2011 and
$11,250,000 shall be available for the period beginning
on October 1, 2011, and ending on June 30, 2012,'' and
inserting ``2012''; and
(B) in subparagraph (C) by striking ``though 2011
and $3,750,000 shall be available for the period
beginning on October 1, 2011, and ending on June 30,
2012,'' and inserting ``through 2012''; and
(3) in paragraph (7)--
(A) in subparagraph (A)--
(i) in the matter preceding clause (i)--
(I) in the first sentence by
striking ``2011 and $7,500,000 shall be
available for the period beginning on
October 1, 2011, and ending on June 30,
2012,'' and inserting ``2012''; and
(II) in the second sentence by
inserting ``each fiscal year'' before
the colon;
(ii) in clause (i) by striking ``for each
fiscal year and $1,875,000 for the period
beginning on October 1, 2011, and ending on
June 30, 2012,'';
(iii) in clause (ii) by striking ``for each
fiscal year and $1,875,000 for the period
beginning on October 1, 2011, and ending on
June 30, 2012,'';
(iv) in clause (iii) by striking ``for each
fiscal year and $750,000 for the period
beginning on October 1, 2011, and ending on
June 30, 2012,'';
(v) in clause (iv) by striking ``for each
fiscal year and $750,000 for the period
beginning on October 1, 2011, and ending on
June 30, 2012,'';
(vi) in clause (v) by striking ``for each
fiscal year and $750,000 for the period
beginning on October 1, 2011, and ending on
June 30, 2012,'';
(vii) in clause (vi) by striking ``for each
fiscal year and $750,000 for the period
beginning on October 1, 2011, and ending on
June 30, 2012,'';
(viii) in clause (vii) by striking ``for
each fiscal year and $487,500 for the period
beginning on October 1, 2011, and ending on
June 30, 2012,''; and
(ix) in clause (viii) by striking ``for
each fiscal year and $262,500 for the period
beginning on October 1, 2011, and ending on
June 30, 2012,'';
(B) in subparagraph (B) by striking clause (vii)
and inserting the following:
``(vii) $13,500,000 for fiscal year
2012.'';
(C) in subparagraph (C) by striking ``and during
the period beginning on October 1, 2011, and ending on
June 30, 2012,'';
(D) in subparagraph (D) by striking ``and not less
than $26,250,000 shall be available for the period
beginning on October 1, 2011, and ending on June 30,
2012,''; and
(E) in subparagraph (E) by striking ``and
$2,250,000 shall be available for the period beginning
on October 1, 2011, and ending on June 30, 2012,''.
SEC. 134. APPORTIONMENT OF FORMULA GRANTS FOR OTHER THAN URBANIZED
AREAS.
Section 5311(c)(1)(G) of title 49, United States Code, is amended
to read as follows:
``(G) $15,000,000 for fiscal year 2012.''.
SEC. 135. APPORTIONMENT BASED ON FIXED GUIDEWAY FACTORS.
Section 5337 of title 49, United States Code, is amended by
striking subsection (g).
SEC. 136. AUTHORIZATIONS FOR PUBLIC TRANSPORTATION.
(a) Formula and Bus Grants.--Section 5338(b) of title 49, United
States Code, is amended--
(1) in paragraph (1) by striking subparagraph (G) and
inserting the following:
``(G) $8,360,565,000 for fiscal year 2012.''; and
(2) in paragraph (2)--
(A) in subparagraph (A) by striking ``$113,500,000
for each of fiscal years 2009 through 2011, and
$85,125,000 for the period beginning on October 1,
2011, and ending on June 30, 2012,'' and inserting
``and $113,500,000 for each of fiscal years 2009
through 2012'';
(B) in subparagraph (B) by striking
``$4,160,365,000 for each of fiscal years 2009 through
2011, and $3,120,273,750 for the period beginning on
October 1, 2011, and ending on June 30, 2012,'' and
inserting ``and $4,160,365,000 for each of fiscal years
2009 through 2012'';
(C) in subparagraph (C) by striking ``$51,500,000
for each of fiscal years 2009 through 2011, and
$38,625,000 for the period beginning on October 1,
2011, and ending on June 30, 2012,'' and inserting
``and $51,500,000 for each of fiscal years 2009 through
2012'';
(D) in subparagraph (D) by striking
``$1,666,500,000 for each of fiscal years 2009 through
2011, and $1,249,875,000 for the period beginning on
October 1, 2011, and ending on June 30, 2012,'' and
inserting ``and $1,666,500,000 for each of fiscal years
2009 through 2012'';
(E) in subparagraph (E) by striking ``$984,000,000
for each of fiscal years 2009 through 2011, and
$738,000,000 for the period beginning on October 1,
2011, and ending on June 30, 2012,'' and inserting
``and $984,000,000 for each of fiscal years 2009
through 2012'';
(F) in subparagraph (F) by striking ``$133,500,000
for each of fiscal years 2009 through 2011, and
$100,125,000 for the period beginning on October 1,
2011, and ending on June 30, 2012,'' and inserting
``and $133,500,000 for each of fiscal years 2009
through 2012'';
(G) in subparagraph (G) by striking ``$465,000,000
for each of fiscal years 2009 through 2011, and
$348,750,000 for the period beginning on October 1,
2011, and ending on June 30, 2012,'' and inserting
``and $465,000,000 for each of fiscal years 2009
through 2012'';
(H) in subparagraph (H) by striking ``$164,500,000
for each of fiscal years 2009 through 2011, and
$123,375,000 for the period beginning on October 1,
2011, and ending on June 30, 2012,'' and inserting
``and $164,500,000 for each of fiscal years 2009
through 2012'';
(I) in subparagraph (I) by striking ``$92,500,000
for each of fiscal years 2009 through 2011, and
$69,375,000 for the period beginning on October 1,
2011, and ending on June 30, 2012,'' and inserting
``and $92,500,000 for each of fiscal years 2009 through
2012'';
(J) in subparagraph (J) by striking ``$26,900,000
for each of fiscal years 2009 through 2011, and
$20,175,000 for the period beginning on October 1,
2011, and ending on June 30, 2012,'' and inserting
``and $26,900,000 for each of fiscal years 2009 through
2012'';
(K) in subparagraph (K) by striking ``for each of
fiscal years 2006 through 2011 and $2,625,000 for the
period beginning on October 1, 2011, and ending on June
30, 2012,'' and inserting ``for each of fiscal years
2006 through 2012'';
(L) in subparagraph (L) by striking ``for each of
fiscal years 2006 through 2011 and $18,750,000 for the
period beginning on October 1, 2011, and ending on June
30, 2012,'' and inserting ``for each of fiscal years
2006 through 2012'';
(M) in subparagraph (M) by striking ``$465,000,000
for each of fiscal years 2009 through 2011, and
$348,750,000 for the period beginning on October 1,
2011, and ending on June 30, 2012,'' and inserting
``and $465,000,000 for each of fiscal years 2009
through 2012''; and
(N) in subparagraph (N) by striking ``$8,800,000
for each of fiscal years 2009 through 2011, and
$6,600,000 for the period beginning on October 1, 2011,
and ending on June 30, 2012,'' and inserting ``and
$8,800,000 for each of fiscal years 2009 through
2012''.
(b) Capital Investment Grants.--Section 5338(c)(7) of title 49,
United States Code, is amended to read as follows:
``(7) $1,955,000,000 for fiscal year 2012.''.
(c) Research and University Research Centers.--Section 5338(d) of
title 49, United States Code, is amended--
(1) in paragraph (1), in the matter preceding subparagraph
(A), by striking ``through 2011, and $33,000,000 for the period
beginning on October 1, 2011, and ending on June 30, 2012,''
and inserting ``through 2011, and $44,000,000 for fiscal year
2012,''; and
(2) by striking paragraph (3) and inserting the following:
``(3) Additional authorizations.--
``(A) Research.--Of amounts authorized to be
appropriated under paragraph (1) for fiscal year 2012,
the Secretary shall allocate for each of the activities
and projects described in subparagraphs (A) through (F)
of paragraph (1) an amount equal to 63 percent of the
amount allocated for fiscal year 2009 under each such
subparagraph.
``(B) University centers program.--
``(i) Fiscal year 2012.--Of the amounts
allocated under subparagraph (A)(i) for the
university centers program under section 5506
for fiscal year 2012, the Secretary shall
allocate for each program described in clauses
(i) through (iii) and (v) through (viii) of
paragraph (2)(A) an amount equal to 63 percent
of the amount allocated for fiscal year 2009
under each such clause.
``(ii) Funding.--If the Secretary
determines that a project or activity described
in paragraph (2) received sufficient funds in
fiscal year 2011, or a previous fiscal year, to
carry out the purpose for which the project or
activity was authorized, the Secretary may not
allocate any amounts under clause (i) for the
project or activity for fiscal year 2012 or any
subsequent fiscal year.''.
(d) Administration.--Section 5338(e)(7) of title 49, United States
Code, is amended to read as follows:
``(7) $98,713,000 for fiscal year 2012.''.
SEC. 137. AMENDMENTS TO SAFETEA-LU.
(a) Contracted Paratransit Pilot.--Section 3009(i)(1) of SAFETEA-LU
(119 Stat. 1572) is amended by striking ``2011 and the period beginning
on October 1, 2011, and ending on June 30, 2012,'' and inserting
``2012,''.
(b) Public-Private Partnership Pilot Program.--Section 3011 of
SAFETEA-LU (49 U.S.C. 5309 note; 119 Stat. 1588) is amended--
(1) in subsection (c)(5) by striking ``2011 and the period
beginning on October 1, 2011, and ending on June 30, 2012'' and
inserting ``2012''; and
(2) in the second sentence of subsection (d) by striking
``2011 and the period beginning on October 1, 2011, and ending
on June 30, 2012,'' and inserting ``2012''.
(c) Elderly Individuals and Individuals With Disabilities Pilot
Program.--Section 3012(b)(8) of SAFETEA-LU (49 U.S.C. 5310 note; 119
Stat. 1593) is amended by striking ``June 30, 2012'' and inserting
``September 30, 2012''.
(d) Obligation Ceiling.--Section 3040(8) of SAFETEA-LU (119 Stat.
1639) is amended to read as follows:
``(8) $10,458,278,000 for fiscal year 2012, of which not
more than $8,360,565,000 shall be from the Mass Transit
Account.''.
(e) Project Authorizations for New Fixed Guideway Capital
Projects.--Section 3043 of SAFETEA-LU (119 Stat. 1640) is amended--
(1) in subsection (b), in the matter preceding paragraph
(1), by striking ``2011 and the period beginning on October 1,
2011, and ending on June 30, 2012,'' and inserting ``2012'';
and
(2) in subsection (c), in the matter preceding paragraph
(1), by striking ``2011 and the period beginning on October 1,
2011, and ending on June 30, 2012,'' and inserting ``2012''.
(f) Allocations for National Research and Technology Programs.--
Section 3046 of SAFETEA-LU (49 U.S.C. 5338 note; 119 Stat. 1706) is
amended--
(1) in subsection (b) by striking ``fiscal year or period''
and inserting ``fiscal year''; and
(2) by striking subsection (c)(2) and inserting the
following:
``(2) for fiscal year 2012, in amounts equal to 63 percent
of the amounts allocated for fiscal year 2009 under each of
paragraphs (2), (3), (5), and (8) through (25) of subsection
(a).''.
Subtitle D--Highway Trust Fund Extension
SEC. 141. EXTENSION OF HIGHWAY-RELATED TAXES.
(a) In General.--
(1) Each of the following provisions of the Internal
Revenue Code of 1986 is amended by striking ``June 30, 2012''
and inserting ``September 30, 2012'':
(A) Section 4041(a)(1)(C)(iii)(I).
(B) Section 4041(m)(1)(B).
(C) Section 4081(d)(1).
(2) Each of the following provisions of such Code is
amended by striking ``July 1, 2012'' and inserting ``October 1,
2012'':
(A) Section 4041(m)(1)(A).
(B) Section 4051(c).
(C) Section 4071(d).
(D) Section 4081(d)(3).
(b) Floor Stocks Refunds.--Section 6412(a)(1) of such Code is
amended--
(1) by striking ``July 1, 2012'' each place it appears and
inserting ``October 1, 2012'';
(2) by striking ``December 31, 2012'' each place it appears
and inserting ``March 31, 2013''; and
(3) by striking ``October 1, 2012'' and inserting ``January
1, 2013''.
(c) Extension of Certain Exemptions.--Sections 4221(a) and 4483(i)
of such Code are each amended by striking ``July 1, 2012'' and
inserting ``October 1, 2012''.
(d) Extension of Transfers of Certain Taxes.--
(1) In general.--Section 9503 of such Code is amended--
(A) in subsection (b)--
(i) by striking ``July 1, 2012'' each place
it appears in paragraphs (1) and (2) and
inserting ``October 1, 2012'';
(ii) by striking ``July 1, 2012'' in the
heading of paragraph (2) and inserting
``October 1, 2012'';
(iii) by striking ``June 30, 2012'' in
paragraph (2) and inserting ``September 30,
2012''; and
(iv) by striking ``April 1, 2013'' in
paragraph (2) and inserting ``July 1, 2013'';
and
(B) in subsection (c)(2), by striking ``April 1,
2013'' and inserting ``July 1, 2013''.
(2) Motorboat and small-engine fuel tax transfers.--
(A) In general.--Paragraphs (3)(A)(i) and (4)(A) of
section 9503(c) of such Code are each amended by
striking ``July 1, 2012'' and inserting ``October 1,
2012''.
(B) Conforming amendments to land and water
conservation fund.--Section 201(b) of the Land and
Water Conservation Fund Act of 1965 (16 U.S.C. 460l-
11(b)) is amended--
(i) by striking ``July 1, 2013'' each place
it appears and inserting ``October 1, 2013'';
and
(ii) by striking ``July 1, 2012'' and
inserting ``October 1, 2012''.
(e) Technical Correction.--Paragraph (4) of section 4482(c) of such
Code is amended to read as follows:
``(4) Taxable period.--The term `taxable period' means any
year beginning before July 1, 2013, and the period which begins
on July 1, 2013, and ends at the close of September 30,
2013.''.
(f) Effective Date.--
(1) In general.--Except as provided in paragraph (2), the
amendments made by this section shall take effect on July 1,
2012.
(2) Technical correction.--The amendment made by subsection
(e) shall take effect as if included in section 402 of the
Surface Transportation Extension Act of 2012.
SEC. 142. EXTENSION OF TRUST FUND EXPENDITURE AUTHORITY.
(a) Highway Trust Fund.--Section 9503 of the Internal Revenue Code
of 1986 is amended--
(1) by striking ``July 1, 2012'' in subsections (b)(6)(B),
(c)(1), and (e)(3) and inserting ``October 1, 2012''; and
(2) by striking ``Surface Transportation Extension Act of
2012'' in subsections (c)(1) and (e)(3) and inserting ``Surface
Transportation Extension Act of 2012, Part II''.
(b) Sport Fish Restoration and Boating Trust Fund.--Section 9504 of
such Code is amended--
(1) by striking ``Surface Transportation Extension Act of
2012'' each place it appears in subsection (b)(2) and inserting
``Surface Transportation Extension Act of 2012, Part II''; and
(2) by striking ``July 1, 2012'' in subsection (d)(2) and
inserting ``October 1, 2012''.
(c) Leaking Underground Storage Tank Trust Fund.--Paragraph (2) of
section 9508(e) of such Code is amended by striking ``July 1, 2012''
and inserting ``October 1, 2012''.
(d) Effective Date.--The amendments made by this section shall take
effect on July 1, 2012.
TITLE II--KEYSTONE XL PIPELINE
SEC. 201. SHORT TITLE.
This title may be cited as the ``North American Energy Access
Act''.
SEC. 202. RESTRICTION.
(a) In General.--No person may construct, operate, or maintain the
oil pipeline and related facilities described in subsection (b) except
in accordance with a permit issued under this title.
(b) Pipeline.--The pipeline and related facilities referred to in
subsection (a) are those described in the Final Environmental Impact
Statement for the Keystone XL Pipeline Project issued by the Department
of State on August 26, 2011, including any modified version of that
pipeline and related facilities.
SEC. 203. PERMIT.
(a) Issuance.--
(1) By ferc.--The Federal Energy Regulatory Commission
shall, not later than 30 days after receipt of an application
therefor, issue a permit without additional conditions for the
construction, operation, and maintenance of the oil pipeline
and related facilities described in section 202(b), to be
implemented in accordance with the terms of the Final
Environmental Impact Statement described in section 202(b). The
Commission shall not be required to prepare a Record of
Decision under section 1505.2 of title 40 of the Code of
Federal Regulations with respect to issuance of the permit
provided for in this section.
(2) Issuance in absence of ferc action.--If the Federal
Energy Regulatory Commission has not acted on an application
for a permit described in paragraph (1) within 30 days after
receiving such application, the permit shall be deemed to have
been issued under this title upon the expiration of such 30-day
period.
(b) Modification.--
(1) In general.--The applicant for or holder of a permit
described in subsection (a) may make a substantial modification
to the pipeline route or any other term of the Final
Environmental Impact Statement described in section 202(b) only
with the approval of the Federal Energy Regulatory Commission.
The Commission shall expedite consideration of any such
modification proposal.
(2) Nebraska modification.--Within 30 days after the date
of enactment of this Act, the Federal Energy Regulatory
Commission shall enter into a memorandum of understanding with
the State of Nebraska for an effective and timely review under
the National Environmental Policy Act of 1969 of any
modification to the proposed pipeline route in Nebraska as
proposed by the applicant for the permit described in
subsection (a). Not later than 30 days after receiving approval
of such proposed modification from the Governor of Nebraska,
the Commission shall complete consideration of and approve such
modification.
(3) Issuance in absence of ferc action.--If the Federal
Energy Regulatory Commission has not acted on an application
for approval of a modification described in paragraph (2)
within 30 days after receiving such application, such
modification shall be deemed to have been issued under this
title upon expiration of the 30-day period.
(4) Construction during consideration of nebraska
modification.--While any modification of the proposed pipeline
route in Nebraska is under consideration pursuant to paragraph
(2), the holder of the permit issued under subsection (a) may
commence or continue with construction of any portion of the
pipeline and related facilities described in section 202(b)
that is not within the State of Nebraska.
(c) National Environmental Policy Act of 1969.--Except for actions
taken under subsection (b)(1), the actions taken pursuant to this title
shall be taken without further action under the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.).
SEC. 204. RELATION TO OTHER LAW.
(a) General Rule.--Notwithstanding Executive Order No. 13337 (3
U.S.C. 301 note), Executive Order No. 11423 (3 U.S.C. 301 note),
section 301 of title 3, United States Code, and any other Executive
order or provision of law, no presidential permits shall be required
for the construction, operation, and maintenance of the pipeline and
related facilities described in section 202(b) of this Act.
(b) Applicability.--Nothing in this title shall affect the
application to the pipeline and related facilities described in section
202(b) of--
(1) chapter 601 of title 49, United States Code; or
(2) the authority of the Federal Energy Regulatory
Commission to regulate oil pipeline rates and services.
(c) Final Environmental Impact Statement.--The final environmental
impact statement issued by the Secretary of State on August 26, 2011,
shall be considered to satisfy all requirements of the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
TITLE III--RESTORE ACT
SEC. 301. SHORT TITLE.
This title may be cited as the ``Resources and Ecosystems
Sustainability, Tourist Opportunities, and Revived Economies of the
Gulf Coast States Act of 2012''.
SEC. 302. GULF COAST RESTORATION TRUST FUND.
(a) Establishment.--There is established in the Treasury of the
United States a trust fund to be known as the ``Gulf Coast Restoration
Trust Fund'' (referred to in this section as the ``Trust Fund''),
consisting of such amounts as are deposited in the Trust Fund under
this section or any other provision of law.
(b) Transfers.--The Secretary of the Treasury shall deposit in the
Trust Fund an amount equal to 80 percent of all administrative and
civil penalties paid by responsible parties after the date of enactment
of this title in connection with the explosion on, and sinking of, the
mobile offshore drilling unit Deepwater Horizon pursuant to a court
order, negotiated settlement, or other instrument in accordance with
section 311 of the Federal Water Pollution Control Act (33 U.S.C.
1321).
(c) Expenditures.--Amounts in the Trust Fund, including interest
earned on advances to the Trust Fund and proceeds from investment under
subsection (d), shall be available, pursuant to a future Act of
Congress enacted after the date of enactment of this Act--
(1) for expenditure to restore the Gulf Coast region from
the Deepwater Horizon oil spill for undertaking projects and
programs in the Gulf Coast region that would restore and
protect the natural resources, ecosystems, fisheries, marine
and wildlife habitats, beaches, coastal wetlands, and economy
of the Gulf Coast region; and
(2) solely to Gulf Coast States and coastal political
subdivisions to restore the ecosystems and economy of the Gulf
Coast region.
(d) Investment.--Amounts in the Trust Fund shall be invested in
accordance with section 9702 of title 31, United States Code, and any
interest on, and proceeds from, any such investment shall be available
for expenditure in accordance with this section.
(e) Definitions.--In this section:
(1) Coastal political subdivision.--The term ``coastal
political subdivision'' means any local political jurisdiction
that is immediately below the State level of government,
including a county, parish, or borough, with a coastline that
is contiguous with any portion of the United States Gulf of
Mexico.
(2) Deepwater horizon oil spill.--The term ``Deepwater
Horizon oil spill'' means the blowout and explosion of the
mobile offshore drilling unit Deepwater Horizon that occurred
on April 20, 2010, and resulting hydrocarbon releases into the
environment.
(3) Gulf coast region.--The term ``Gulf Coast region''
means--
(A) in the Gulf Coast States, the coastal zones (as
that term is defined in section 304 of the Coastal Zone
Management Act of 1972 (16 U.S.C. 1453)) that border
the Gulf of Mexico;
(B) any adjacent land, water, and watersheds, that
are within 25 miles of those coastal zones of the Gulf
Coast States; and
(C) all Federal waters in the Gulf of Mexico.
(4) Gulf coast state.--The term ``Gulf Coast State'' means
any of the States of Alabama, Florida, Louisiana, Mississippi,
and Texas.
TITLE IV--HARBOR MAINTENANCE PROGRAMS
SEC. 401. FUNDING FOR HARBOR MAINTENANCE PROGRAMS.
(a) Harbor Maintenance Trust Fund Guarantee.--
(1) In general.--The total budget resources for a fiscal
year shall be equal to the level of receipts for harbor
maintenance for that fiscal year. Such amounts shall be used
only for harbor maintenance programs.
(2) Guarantee.--No funds may be appropriated for harbor
maintenance programs unless the amount under paragraph (1) has
been provided for all such programs.
(b) Definitions.--In this section, the following definitions apply:
(1) Harbor maintenance programs.--The term ``harbor
maintenance programs'' means expenditures under section
9505(c)(1) of the Internal Revenue Code of 1986 (relating to
expenditures from the Harbor Maintenance Trust Fund).
(2) Level of receipts for harbor maintenance.--The term
``level of receipts for harbor maintenance'' means the level of
taxes credited to the Harbor Maintenance Trust Fund under
section 9505(a)(1) of the Internal Revenue Code of 1986 for a
fiscal year as set forth in the President's budget baseline
projection as defined in section 257 of the Balanced Budget and
Emergency Deficit Control Act of 1985 (Public Law 99-177) for
that fiscal year submitted pursuant to section 1105 of title
31, United States Code, reduced by the amount requested in such
President's budget for payments described in section 9505(c)(3)
of the Internal Revenue Code of 1986.
(3) Total budget resources.--The term ``total budget
resources'' means the total amount made available by
appropriations Acts from the Harbor Maintenance Trust Fund for
a fiscal year for making expenditures under section 9505(c)(1)
of the Internal Revenue Code of 1986.
TITLE V--COAL COMBUSTION RESIDUALS
SEC. 501. HIGHWAY AND INFRASTRUCTURE SAFETY THROUGH THE PROTECTION OF
COAL COMBUSTION RESIDUAL RECYCLING.
(a) In General.--Subtitle D of the Solid Waste Disposal Act (42
U.S.C. 6941 et seq.) is amended by adding at the end the following new
section:
``SEC. 4011. MANAGEMENT AND DISPOSAL OF COAL COMBUSTION RESIDUALS.
``(a) State Permit Programs for Coal Combustion Residuals.--Each
State may adopt and implement a coal combustion residuals permit
program.
``(b) State Actions.--
``(1) Notification.--Not later than 6 months after the date
of enactment of this section (except as provided by the
deadline identified under subsection (d)(2)(B)), the Governor
of each State shall notify the Administrator, in writing,
whether such State will adopt and implement a coal combustion
residuals permit program.
``(2) Certification.--
``(A) In general.--Not later than 36 months after
the date of enactment of this section (except as
provided in subsections (f)(1)(A) and (f)(1)(C)), in
the case of a State that has notified the Administrator
that it will implement a coal combustion residuals
permit program, the head of the lead State agency
responsible for implementing the coal combustion
residuals permit program shall submit to the
Administrator a certification that such coal combustion
residuals permit program meets the specifications
described in subsection (c)(1).
``(B) Contents.--A certification submitted under
this paragraph shall include--
``(i) a letter identifying the lead State
agency responsible for implementing the coal
combustion residuals permit program, signed by
the head of such agency;
``(ii) identification of any other State
agencies involved with the implementation of
the coal combustion residuals permit program;
``(iii) a narrative description that
provides an explanation of how the State will
ensure that the coal combustion residuals
permit program meets the requirements of this
section, including a description of the
State's--
``(I) process to inspect or
otherwise determine compliance with
such permit program;
``(II) process to enforce the
requirements of such permit program;
and
``(III) public participation
process for the promulgation,
amendment, or repeal of regulations
for, and the issuance of permits under,
such permit program;
``(iv) a legal certification that the State
has, at the time of certification, fully
effective statutes or regulations necessary to
implement a coal combustion residuals permit
program that meets the specifications described
in subsection (c)(1); and
``(v) copies of State statutes and
regulations described in clause (iv).
``(3) Maintenance of 4005(c) or 3006 program.--In order to
adopt or implement a coal combustion residuals permit program
under this section (including pursuant to subsection (f)), the
State agency responsible for implementing a coal combustion
residuals permit program in a State shall maintain an approved
program under section 4005(c) or an authorized program under
section 3006.
``(c) Permit Program Specifications.--
``(1) Minimum requirements.--The specifications described
in this subsection for a coal combustion residuals permit
program are as follows:
``(A) The revised criteria described in paragraph
(2) shall apply to a coal combustion residuals permit
program, except as provided in paragraph (3).
``(B) Each structure shall be, in accordance with
generally accepted engineering standards for the
structural integrity of such structures, designed,
constructed, and maintained to provide for containment
of the maximum volumes of coal combustion residuals
appropriate for the structure. If a structure is
determined by the head of the agency responsible for
implementing the coal combustion residuals permit
program to be deficient, the head of such agency has
authority to require action to correct the deficiency
according to a schedule determined by such agency. If
the identified deficiency is not corrected according to
such schedule, the head of such agency has authority to
require that the structure close in accordance with
subsection (h).
``(C) The coal combustion residuals permit program
shall apply the revised criteria promulgated pursuant
to section 4010(c) for location, design, groundwater
monitoring, corrective action, financial assurance,
closure, and post-closure described in paragraph (2)
and the specifications described in this paragraph to
surface impoundments.
``(D) If a structure that is classified as posing a
high hazard potential pursuant to the guidelines
published by the Federal Emergency Management Agency
entitled `Federal Guidelines for Dam Safety: Hazard
Potential Classification System for Dams' (FEMA
Publication Number 333) is determined by the head of
the agency responsible for implementing the coal
combustion residuals permit program to be deficient
with respect to the structural integrity requirement in
subparagraph (B), the head of such agency has authority
to require action to correct the deficiency according
to a schedule determined by such agency. If the
identified deficiency is not corrected according to
such schedule, the head of such agency has authority to
require that the structure close in accordance with
subsection (h).
``(E) New structures that first receive coal
combustion residuals after the date of enactment of
this section shall be constructed with a base located a
minimum of two feet above the upper limit of the
natural water table.
``(F) In the case of a coal combustion residuals
permit program implemented by a State, the State has
the authority to inspect structures and implement and
enforce such permit program.
``(G) In the case of a coal combustion residuals
permit program implemented by a State, the State has
the authority to address wind dispersal of dust from
coal combustion residuals by requiring dust control
measures, as determined appropriate by the head of the
lead State agency responsible for implementing the coal
combustion residuals permit program.
``(2) Revised criteria.--The revised criteria described in
this paragraph are--
``(A) the revised criteria for design, groundwater
monitoring, corrective action, closure, and post-
closure, for structures, including--
``(i) for new structures, and lateral
expansions of existing structures, that first
receive coal combustion residuals after the
date of enactment of this section, the revised
criteria regarding design requirements
described in section 258.40 of title 40, Code
of Federal Regulations; and
``(ii) for all structures that receive coal
combustion residuals after the date of
enactment of this section, the revised criteria
regarding groundwater monitoring and corrective
action requirements described in subpart E of
part 258 of title 40, Code of Federal
Regulations, except that, for the purposes of
this paragraph, such revised criteria shall
also include--
``(I) for the purposes of detection
monitoring, the constituents boron,
chloride, conductivity, fluoride,
mercury, pH, sulfate, sulfide, and
total dissolved solids; and
``(II) for the purposes of
assessment monitoring, the constituents
aluminum, boron, chloride, fluoride,
iron, manganese, molybdenum, pH,
sulfate, and total dissolved solids;
``(B) the revised criteria for location
restrictions described in--
``(i) for new structures, and lateral
expansions of existing structures, that first
receive coal combustion residuals after the
date of enactment of this section, sections
258.11 through 258.15 of title 40, Code of
Federal Regulations; and
``(ii) for existing structures that receive
coal combustion residuals after the date of
enactment of this section, sections 258.11 and
258.15 of title 40, Code of Federal
Regulations;
``(C) for all structures that receive coal
combustion residuals after the date of enactment of
this section, the revised criteria for air quality
described in section 258.24 of title 40, Code of
Federal Regulations;
``(D) for all structures that receive coal
combustion residuals after the date of enactment of
this section, the revised criteria for financial
assurance described in subpart G of part 258 of title
40, Code of Federal Regulations;
``(E) for all structures that receive coal
combustion residuals after the date of enactment of
this section, the revised criteria for surface water
described in section 258.27 of title 40, Code of
Federal Regulations;
``(F) for all structures that receive coal
combustion residuals after the date of enactment of
this section, the revised criteria for recordkeeping
described in section 258.29 of title 40, Code of
Federal Regulations;
``(G) for landfills and other land-based units,
other than surface impoundments, that receive coal
combustion residuals after the date of enactment of
this section, the revised criteria for run-on and run-
off control systems described in section 258.26 of
title 40, Code of Federal Regulations; and
``(H) for surface impoundments that receive coal
combustion residuals after the date of enactment of
this section, the revised criteria for run-off control
systems described in section 258.26(a)(2) of title 40,
Code of Federal Regulations.
``(3) Applicability of certain requirements.--A State may
determine that one or more of the requirements of the revised
criteria described in paragraph (2) is not needed for the
management of coal combustion residuals in that State, and may
decline to apply such requirement as part of its coal
combustion residuals permit program. If a State declines to
apply a requirement under this paragraph, the State shall
include in the certification under subsection (b)(2) a
description of such requirement and the reasons such
requirement is not needed in the State. If the Administrator
determines that a State determination under this paragraph does
not accurately reflect the needs for the management of coal
combustion residuals in the State, the Administrator may treat
such State determination as a deficiency under subsection (d).
``(d) Written Notice and Opportunity to Remedy.--
``(1) In general.--The Administrator shall provide to a
State written notice and an opportunity to remedy deficiencies
in accordance with paragraph (2) if at any time the State--
``(A) does not satisfy the notification requirement
under subsection (b)(1);
``(B) has not submitted a certification under
subsection (b)(2);
``(C) does not satisfy the maintenance requirement
under subsection (b)(3); or
``(D) is not implementing a coal combustion
residuals permit program that meets the specifications
described in subsection (c)(1).
``(2) Contents of notice; deadline for response.--A notice
provided under this subsection shall--
``(A) include findings of the Administrator
detailing any applicable deficiencies in--
``(i) compliance by the State with the
notification requirement under subsection
(b)(1);
``(ii) compliance by the State with the
certification requirement under subsection
(b)(2);
``(iii) compliance by the State with the
maintenance requirement under subsection
(b)(3); and
``(iv) the State coal combustion residuals
permit program in meeting the specifications
described in subsection (c)(1); and
``(B) identify, in collaboration with the State, a
reasonable deadline, which shall be not sooner than 6
months after the State receives the notice, by which
the State shall remedy the deficiencies detailed under
subparagraph (A).
``(e) Implementation by Administrator.--
``(1) In general.--The Administrator shall implement a coal
combustion residuals permit program for a State only in the
following circumstances:
``(A) If the Governor of such State notifies the
Administrator under subsection (b)(1) that such State
will not adopt and implement such a permit program.
``(B) If such State has received a notice under
subsection (d) and, after any review brought by the
State under section 7006, fails, by the deadline
identified in such notice under subsection (d)(2)(B),
to remedy the deficiencies detailed in such notice
under subsection (d)(2)(A).
``(C) If such State informs the Administrator, in
writing, that such State will no longer implement such
a permit program.
``(2) Requirements.--If the Administrator implements a coal
combustion residuals permit program for a State under paragraph
(1), such permit program shall consist of the specifications
described in subsection (c)(1).
``(3) Enforcement.--If the Administrator implements a coal
combustion residuals permit program for a State under paragraph
(1), the authorities referred to in section 4005(c)(2)(A) shall
apply with respect to coal combustion residuals and structures
and the Administrator may use such authorities to inspect,
gather information, and enforce the requirements of this
section in the State.
``(f) State Control After Implementation by Administrator.--
``(1) State control.--
``(A) New adoption and implementation by state.--
For a State for which the Administrator is implementing
a coal combustion residuals permit program under
subsection (e)(1)(A), the State may adopt and implement
such a permit program by--
``(i) notifying the Administrator that the
State will adopt and implement such a permit
program;
``(ii) not later than 6 months after the
date of such notification, submitting to the
Administrator a certification under subsection
(b)(2); and
``(iii) receiving from the Administrator--
``(I) a determination that the
State coal combustion residuals permit
program meets the specifications
described in subsection (c)(1); and
``(II) a timeline for transition of
control of the coal combustion
residuals permit program.
``(B) Remedying deficient permit program.--For a
State for which the Administrator is implementing a
coal combustion residuals permit program under
subsection (e)(1)(B), the State may adopt and implement
such a permit program by--
``(i) remedying the deficiencies detailed
in the notice provided under subsection
(d)(2)(A); and
``(ii) receiving from the Administrator--
``(I) a determination that the
deficiencies detailed in such notice
have been remedied; and
``(II) a timeline for transition of
control of the coal combustion
residuals permit program.
``(C) Resumption of implementation by state.--For a
State for which the Administrator is implementing a
coal combustion residuals permit program under
subsection (e)(1)(C), the State may adopt and implement
such a permit program by--
``(i) notifying the Administrator that the
State will adopt and implement such a permit
program;
``(ii) not later than 6 months after the
date of such notification, submitting to the
Administrator a certification under subsection
(b)(2); and
``(iii) receiving from the Administrator--
``(I) a determination that the
State coal combustion residuals permit
program meets the specifications
described in subsection (c)(1); and
``(II) a timeline for transition of
control of the coal combustion
residuals permit program.
``(2) Review of determination.--
``(A) Determination required.--The Administrator
shall make a determination under paragraph (1) not
later than 90 days after the date on which the State
submits a certification under paragraph (1)(A)(ii) or
(1)(C)(ii), or notifies the Administrator that the
deficiencies have been remedied pursuant to paragraph
(1)(B)(i), as applicable.
``(B) Review.--A State may obtain a review of a
determination by the Administrator under paragraph (1)
as if such determination was a final regulation for
purposes of section 7006.
``(3) Implementation during transition.--
``(A) Effect on actions and orders.--Actions taken
or orders issued pursuant to a coal combustion
residuals permit program shall remain in effect if--
``(i) a State takes control of its coal
combustion residuals permit program from the
Administrator under paragraph (1); or
``(ii) the Administrator takes control of a
coal combustion residuals permit program from a
State under subsection (e).
``(B) Change in requirements.--Subparagraph (A)
shall apply to such actions and orders until such time
as the Administrator or the head of the lead State
agency responsible for implementing the coal combustion
residuals permit program, as applicable--
``(i) implements changes to the
requirements of the coal combustion residuals
permit program with respect to the basis for
the action or order; or
``(ii) certifies the completion of a
corrective action that is the subject of the
action or order.
``(4) Single permit program.--If a State adopts and
implements a coal combustion residuals permit program under
this subsection, the Administrator shall cease to implement the
permit program implemented under subsection (e) for such State.
``(g) Effect on Determination Under 4005(c) or 3006.--The
Administrator shall not consider the implementation of a coal
combustion residuals permit program by the Administrator under
subsection (e) in making a determination of approval for a permit
program or other system of prior approval and conditions under section
4005(c) or of authorization for a program under section 3006.
``(h) Closure.--If it is determined, pursuant to a coal combustion
residuals permit program, that a structure should close, the time
period and method for the closure of such structure shall be set forth
in a closure plan that establishes a deadline for completion and that
takes into account the nature and the site-specific characteristics of
the structure to be closed. In the case of a surface impoundment, the
closure plan shall require, at a minimum, the removal of liquid and the
stabilization of remaining waste, as necessary to support the final
cover.
``(i) Authority.--
``(1) State authority.--Nothing in this section shall
preclude or deny any right of any State to adopt or enforce any
regulation or requirement respecting coal combustion residuals
that is more stringent or broader in scope than a regulation or
requirement under this section.
``(2) Authority of the administrator.--
``(A) In general.--Except as provided in subsection
(e) of this section and section 6005 of this title, the
Administrator shall, with respect to the regulation of
coal combustion residuals, defer to the States pursuant
to this section.
``(B) Imminent hazard.--Nothing in this section
shall be construed to affect the authority of the
Administrator under section 7003 with respect to coal
combustion residuals.
``(C) Technical and enforcement assistance only
upon request.--Upon request from the head of a lead
State agency that is implementing a coal combustion
residuals permit program, the Administrator may provide
to such State agency only the technical or enforcement
assistance requested.
``(3) Citizen suits.--Nothing in this section shall be
construed to affect the authority of a person to commence a
civil action in accordance with section 7002.
``(j) Mine Reclamation Activities.--A coal combustion residuals
permit program implemented under subsection (e) by the Administrator
shall not apply to the utilization, placement, and storage of coal
combustion residuals at surface mining and reclamation operations.
``(k) Definitions.--In this section:
``(1) Coal combustion residuals.--The term `coal combustion
residuals' means--
``(A) the solid wastes listed in section
3001(b)(3)(A)(i), including recoverable materials from
such wastes;
``(B) coal combustion wastes that are co-managed
with wastes produced in conjunction with the combustion
of coal, provided that such wastes are not segregated
and disposed of separately from the coal combustion
wastes and comprise a relatively small proportion of
the total wastes being disposed in the structure;
``(C) fluidized bed combustion wastes;
``(D) wastes from the co-burning of coal with non-
hazardous secondary materials provided that coal makes
up at least 50 percent of the total fuel burned; and
``(E) wastes from the co-burning of coal with
materials described in subparagraph (A) that are
recovered from monofills.
``(2) Coal combustion residuals permit program.--The term
`coal combustion residuals permit program' means a permit
program or other system of prior approval and conditions that
is adopted by or for a State for the management and disposal of
coal combustion residuals to the extent such activities occur
in structures in such State.
``(3) Structure.--The term `structure' means a landfill,
surface impoundment, or other land-based unit which may receive
coal combustion residuals.
``(4) Revised criteria.--The term `revised criteria' means
the criteria promulgated for municipal solid waste landfill
units under section 4004(a) and under section 1008(a)(3), as
revised under section 4010(c) in accordance with the
requirement of such section that the criteria protect human
health and the environment.''.
(b) 2000 Regulatory Determination.--Nothing in this section, or the
amendments made by this section, shall be construed to alter in any
manner the Environmental Protection Agency's regulatory determination
entitled ``Notice of Regulatory Determination on Wastes from the
Combustion of Fossil Fuels'', published at 65 Fed. Reg. 32214 (May 22,
2000), that the fossil fuel combustion wastes addressed in that
determination do not warrant regulation under subtitle C of the Solid
Waste Disposal Act (42 U.S.C. 6921 et seq.).
(c) Conforming Amendment.--The table of contents contained in
section 1001 of the Solid Waste Disposal Act is amended by inserting
after the item relating to section 4010 the following:
``Sec. 4011. Management and disposal of coal combustion residuals.''.
TITLE VI--ENVIRONMENTAL STREAMLINING
SEC. 601. AMENDMENTS TO TITLE 23, UNITED STATES CODE.
Except as otherwise expressly provided, whenever in this title an
amendment or repeal is expressed in terms of an amendment to, or a
repeal of, a section or other provision, the reference shall be
considered to be made to a section or other provision of title 23,
United States Code.
SEC. 602. DECLARATION OF POLICY.
(a) Expedited Project Delivery.--Section 101(b) is amended by
adding at the end the following:
``(4) Expedited project delivery.--Congress declares that
it is in the national interest to expedite the delivery of
surface transportation projects by substantially reducing the
average length of the environmental review process.
Accordingly, it is the policy of the United States that--
``(A) the Secretary shall have the lead role among
Federal agencies in carrying out the environmental
review process for surface transportation projects;
``(B) each Federal agency shall cooperate with the
Secretary to expedite the environmental review process
for surface transportation projects;
``(C) there shall be a presumption that the mode,
facility type, and corridor location for a surface
transportation project will be determined in the
transportation planning process, as established in
sections 134 and 135 and sections 5303 and 5304 of
title 49;
``(D) project sponsors shall not be prohibited from
carrying out pre-construction project development
activities concurrently with the environmental review
process;
``(E) programmatic approaches shall be used, to the
maximum extent possible, to reduce the need for
project-by-project reviews and decisions by Federal
agencies; and
``(F) the Secretary shall actively support
increased opportunities for project sponsors to assume
responsibilities of the Secretary in carrying out the
environmental review process.''.
SEC. 603. EXEMPTION IN EMERGENCIES.
If any road, highway, or bridge is in operation or under
construction when damaged by an emergency declared by the Governor of
the State and concurred in by the Secretary, or declared by the
President pursuant to the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5121), and is reconstructed in the
same location with the same capacity, dimensions, and design as before
the emergency, then that reconstruction project shall be exempt from
any further environmental reviews, approvals, licensing, and permit
requirements under--
(1) the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.);
(2) sections 402 and 404 of the Federal Water Pollution
Control Act (33 U.S.C. 1342, 1344);
(3) the National Historic Preservation Act (16 U.S.C. 470
et seq.);
(4) the Migratory Bird Treaty Act (16 U.S.C. 703 et seq.);
(5) the Wild and Scenic Rivers Act (16 U.S.C. 1271 et
seq.);
(6) the Fish and Wildlife Coordination Act (16 U.S.C. 661
et seq.);
(7) the Endangered Species Act of 1973 (16 U.S.C. 1531 et
seq.), except when the reconstruction occurs in designated
critical habitat for threatened and endangered species;
(8) Executive Order No. 11990 (42 U.S.C. 4321 note;
relating to the protection of wetlands); and
(9) any Federal law (including regulations) requiring no
net loss of wetlands.
SEC. 604. ADVANCE ACQUISITION OF REAL PROPERTY INTERESTS.
(a) Real Property Interests.--Section 108 is amended--
(1) by striking ``real property'' each place it appears and
inserting ``real property interests'';
(2) by striking ``right-of-way'' each place it appears and
inserting ``real property interest''; and
(3) by striking ``rights-of-way'' each place it appears and
inserting ``real property interests''.
(b) State-funded Early Acquisition of Real Property Interests.--
Section 108(c) is amended--
(1) in the subsection heading by striking ``Early
Acquisition of Rights-of-Way'' and inserting ``State-Funded
Early Acquisition of Real Property Interests'';
(2) by redesignating paragraphs (1) and (2) as paragraphs
(2) and (3), respectively;
(3) in paragraph (2), as redesignated--
(A) in the heading by striking ``General rule'' and
inserting ``Eligibility for reimbursement''; and
(B) by striking ``Subject to paragraph (2)'' and
inserting ``Subject to paragraph (3)'';
(4) by inserting before paragraph (2), as redesignated, the
following:
``(1) In general.--A State may carry out, at the expense of
the State, acquisitions of interests in real property for a
project before completion of the review process required for
the project under the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.) without affecting subsequent approvals
required for the project by the State or any Federal agency.'';
and
(5) in paragraph (3), as redesignated--
(A) in the matter preceding subparagraph (A) by
striking ``in paragraph (1)'' and inserting ``in
paragraph (2)''; and
(B) in subparagraph (G) by striking ``both the
Secretary and the Administrator of the Environmental
Protection Agency have concurred'' and inserting ``the
Secretary has determined''.
(c) Federally Funded Acquisition of Real Property Interests.--
Section 108 is further amended by adding at the end the following:
``(d) Federally Funded Early Acquisition of Real Property
Interests.--
``(1) In general.--The Secretary may authorize the use of
Federal funds for the acquisition of a real property interest
by a State. For purposes of this subsection, an acquisition of
a real property interest includes the acquisition of any
interest in land, including the acquisition of a contractual
right to acquire any interest in land, or any other similar
action to acquire or preserve rights-of-way for a
transportation facility.
``(2) State certification.--A State requesting Federal
funding for an acquisition of a real property interest shall
certify in writing that--
``(A) the State has authority to acquire the real
property interest under State law;
``(B) the acquisition of the real property interest
is for a transportation purpose; and
``(C) the State acknowledges that early acquisition
will not be considered by the Secretary in the
environmental assessment of a project, the decision
relative to the need to construct a project, or the
selection of a project design or location.
``(3) Environmental compliance.--Before authorizing Federal
funding for an acquisition of a real property interest, the
Secretary shall complete for the acquisition the review process
under the National Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.). For purposes of the review process, the
acquisition of a real property interest shall be treated as
having independent utility and does not limit consideration of
alternatives for future transportation improvements with
respect to the real property interest.
``(4) Programming.--The acquisition of a real property
interest for which Federal funding is requested shall be
included as a project in an applicable transportation
improvement program under sections 134 and 135 and sections
5303 and 5304 of title 49. The acquisition project may be
included in the transportation improvement program on its own,
without including the future construction project for which the
real property interest is being acquired. The acquisition
project may consist of the acquisition of a specific parcel, a
portion of a transportation corridor, or an entire
transportation corridor.
``(5) Other requirements.--The acquisition of a real
property interest shall be carried out in compliance with all
requirements applicable to the acquisition of real property
interests for federally funded transportation projects.
``(e) Consideration of Long-Range Transportation Needs.--The
Secretary shall encourage States and other public authorities, if
practicable, to acquire transportation real property interests that are
sufficient to accommodate long-range transportation needs and, if
possible, to do so through the acquisition of broad real property
interests that have the capacity for expansion over a 50- to 100-year
period and the potential to accommodate one or more transportation
modes.''.
SEC. 605. STANDARDS.
Section 109 is amended by adding at the end the following:
``(r) Undertaking Design Activities Before Completion of
Environmental Review Process.--
``(1) In general.--A State may carry out, at the expense of
the State, design activities at any level of detail for a
project before completion of the review process required for
the project under the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.) without affecting subsequent approvals
of the project.
``(2) Eligibility for reimbursement.--Subject to paragraph
(3), funds apportioned to a State under this title may be used
to participate in the payment of costs incurred by the State
for design activities, if the results of the activities are
subsequently incorporated (in whole or in substantial part)
into a project eligible for surface transportation program
funds.
``(3) Terms and conditions.--The Federal share payable of
the costs described in paragraph (2) shall be eligible for
reimbursement out of funds apportioned to a State under this
title when the design activities are incorporated (in whole or
in substantial part) into a project eligible for surface
transportation program funds, if the State demonstrates to the
Secretary and the Secretary finds that--
``(A) before the time that the cost incurred by a
State is approved for Federal participation,
environmental compliance pursuant to the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.) has been completed for the project for which the
design activities were conducted by the State; and
``(B) the design activities conducted pursuant to
this subsection did not preclude the consideration of
alternatives to the project.''.
SEC. 606. LETTING OF CONTRACTS.
(a) Bidding Requirements.--Section 112(b)(1) is amended to read as
follows:
``(1) In general.--
``(A) Competitive bidding requirement.--Subject to
paragraphs (2), (3), and (4), construction of each
project, subject to the provisions of subsection (a),
shall be performed by contract awarded by competitive
bidding, unless the State transportation department
demonstrates, to the satisfaction of the Secretary,
that some other method is more cost effective or that
an emergency exists.
``(B) Basis of award.--
``(i) In general.--Contracts for the
construction of each project shall be awarded
only on the basis of the lowest responsive bid
submitted by a bidder meeting established
criteria of responsibility.
``(ii) Prohibition.--No requirement or
obligation shall be imposed as a condition
precedent to the award of a contract to such
bidder for a project, or to the Secretary's
concurrence in the award of a contract to such
bidder, unless such requirement or obligation
is otherwise lawful and is specifically set
forth in the advertised specifications.''.
(b) Design-build Contracting.--Section 112(b)(3) is amended--
(1) in subparagraph (A) by striking ``subparagraph (C)''
and inserting ``subparagraph (B)'';
(2) by striking subparagraph (B);
(3) by redesignating subparagraphs (C) through (E) as
subparagraphs (B) through (D), respectively; and
(4) in subparagraph (C), as redesignated--
(A) in the matter preceding clause (i) by striking
``of the SAFETEA-LU'' and inserting ``of the Surface
Transportation Extension Act of 2012, Part II'';
(B) in clause (ii) by striking ``and'' at the end;
(C) in clause (iii)--
(i) by striking ``final design or''; and
(ii) by striking the period at the end and
inserting ``; and''; and
(D) by adding at the end the following:
``(iv) permit the State transportation
department, the local transportation agency,
and the design-build contractor to proceed, at
the expense of one or more of those entities,
with design activities at any level of detail
for a project before completion of the review
process required for the project under the
National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.) without affecting
subsequent approvals required for the project.
Design activities carried out under this clause
shall be eligible for Federal reimbursement as
a project expense in accordance with the
requirements under section 109(r).''.
(c) Efficiencies in Contracting.--Section 112(b) is amended by
adding at the end the following:
``(4) Method of contracting.--
``(A) In general.--
``(i) Two-phase contract.--A contracting
agency may award a two-phase contract for
preconstruction and construction services.
``(ii) Pre-construction services phase.--In
the pre-construction services phase, the
contractor shall provide the contracting agency
with advice for scheduling, work sequencing,
cost engineering, constructability, cost
estimating, and risk identification.
``(iii) Agreement.--Prior to the start of
the construction services phase, the
contracting agency and the contractor may agree
to a price and other factors specified in
regulation for the construction of the project
or a portion of the project.
``(iv) Construction phase.--If an agreement
is reached under clause (iii), the contractor
shall be responsible for the construction of
the project or portion of the project at the
negotiated price and other factors specified in
regulation.
``(B) Selection.--A contract shall be awarded to a
contractor using a competitive selection process based
on qualifications, experience, best value, or any other
combination of factors considered appropriate by the
contracting agency.
``(C) Timing.--
``(i) Relationship to nepa process.--Prior
to the completion of the process required under
section 102 of the National Environmental
Policy Act of 1969 (42 U.S.C. 4332), a
contracting agency may--
``(I) issue requests for proposals;
``(II) proceed with the award of a
contract for preconstruction services
under subparagraph (A); and
``(III) issue notices to proceed
with a preliminary design and any work
related to preliminary design.
``(ii) Preconstruction services phase.--If
the preconstruction services phase of a
contract under subparagraph (A)(ii) focuses
primarily on one alternative, the Secretary
shall require that the contract include
appropriate provisions to achieve the
objectives of section 102 of the National
Environmental Policy Act of 1969 (42 U.S.C.
4332) and comply with other applicable Federal
laws and regulations.
``(iii) Construction services phase.--A
contracting agency may not proceed with the
award of the construction services phase of a
contract under subparagraph (A)(iv) and may not
proceed, or permit any consultant or contractor
to proceed, with construction until completion
of the process required under section 102 of
the National Environmental Policy Act of 1969
(42 U.S.C. 4332).
``(iv) Approval requirement.--Prior to
authorizing construction activities, the
Secretary shall approve the contracting
agency's price estimate for the entire project,
as well as any price agreement with the general
contractor for the project or a portion of the
project.
``(v) Design activities.--A contracting
agency may proceed, at its expense, with design
activities at any level of detail for a project
before completion of the review process
required for the project under the National
Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.) without affecting subsequent
approvals required for the project. Design
activities carried out under this clause shall
be eligible for Federal reimbursement as a
project expense in accordance with the
requirements under section 109(r).''.
SEC. 607. ELIMINATION OF DUPLICATION IN HISTORIC PRESERVATION
REQUIREMENTS.
(a) Preservation of Parklands.--Section 138 is amended by adding at
the end the following:
``(c) Elimination of Duplication for Historic Sites and
Properties.--The requirements of this section shall be considered to be
satisfied for an historic site or property where its treatment has been
agreed upon in a memorandum of agreement by invited and mandatory
signatories, including the Advisory Council on Historic Preservation,
if participating, in accordance with section 106 of the National
Historic Preservation Act (16 U.S.C. 470f).''.
(b) Policy on Lands, Wildlife and Waterfowl Refuges, and Historic
Sites.--Section 303 of title 49, United States Code, is amended by
adding at the end the following:
``(e) Elimination of Duplication for Historic Sites and
Properties.--The requirements of this section shall be considered to be
satisfied for an historic site or property where its treatment has been
agreed upon in a memorandum of agreement by invited and mandatory
signatories, including the Advisory Council on Historic Preservation,
if participating, in accordance with section 106 of the National
Historic Preservation Act (16 U.S.C. 470f).''.
SEC. 608. FUNDING THRESHOLD.
Section 139(b) is amended by adding at the end the following:
``(3) Funding threshold.--The Secretary's approval of a
project receiving funds under this title or under chapter 53 of
title 49 shall not be considered a Federal action for the
purposes of the National Environmental Policy Act of 1969 if
such funds--
``(A) constitute 15 percent or less of the total
estimated project costs; or
``(B) are less than $10,000,000.''.
SEC. 609. EFFICIENT ENVIRONMENTAL REVIEWS FOR PROJECT DECISIONMAKING.
(a) Flexibility.--Section 139(b) is further amended--
(1) in paragraph (2) by inserting ``, and any requirements
established in this section may be satisfied,'' after
``exercised''; and
(2) by adding after paragraph (3), as added by this Act,
the following:
``(4) Programmatic compliance.--At the request of a State,
the Secretary may modify the procedures developed under this
section to encourage programmatic approaches and strategies
with respect to environmental programs and permits (in lieu of
project-by-project reviews).''.
(b) Federal Lead Agency.--Section 139(c) is amended--
(1) in paragraph (1) by adding at the end the following:
``If the project requires approval from more than one modal
administration within the Department, the Secretary shall
designate a single modal administration to serve as the Federal
lead agency for the Department in the environmental review
process for the project.'';
(2) in paragraph (3) by inserting ``or other approvals by
the Secretary'' after ``chapter 53 of title 49''; and
(3) by striking paragraph (5) and inserting the following:
``(5) Adoption and use of documents.--Any environmental
document prepared in accordance with this subsection shall be
adopted and used by any Federal agency in making any approval
of a project subject to this section as the document required
to be completed under the National Environmental Policy Act of
1969.''.
(c) Participating Agencies.--
(1) Effect of designation.--Section 139(d)(4) is amended to
read as follows:
``(4) Effect of designation.--
``(A) Requirement.--A participating agency shall
comply with the requirements of this section and any
schedule established under this section.
``(B) Implication.--Designation as a participating
agency under this subsection shall not imply that the
participating agency--
``(i) supports a proposed project; or
``(ii) has any jurisdiction over, or
special expertise with respect to evaluation
of, the project.''.
(2) Concurrent reviews.--Section 139(d)(7) is amended to
read as follows:
``(7) Concurrent reviews.--Each participating agency and
cooperating agency shall--
``(A) carry out obligations of that agency under
other applicable law concurrently, and in conjunction,
with the review required under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.); and
``(B) formulate and implement administrative,
policy, and procedural mechanisms to enable the agency
to ensure completion of the environmental review
process in a timely, coordinated, and environmentally
responsible manner.''.
(d) Project Initiation.--Section 139(e) 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.''.
(e) Alternatives Analysis.--Section 139(f) is amended--
(1) in paragraph (4)--
(A) by amending subparagraph (B) to read as
follows:
``(B) Range of alternatives.--
``(i) In general.--Following participation
under paragraph (1), the lead agency shall
determine the range of alternatives for
consideration in any document which the lead
agency is responsible for preparing for the
project.
``(ii) Limitation.--The range of
alternatives shall be limited to alternatives
that are consistent with the transportation
mode and general design of the project
described in the long-range transportation plan
or transportation improvement program prepared
pursuant to section 134 or 135 or section 5303
or 5304 of title 49.
``(iii) Restriction.--A Federal agency may
not require the evaluation of any alternative
that was evaluated, but not adopted--
``(I) in any prior State or Federal
environmental document with regard to
the applicable long-range
transportation plan or transportation
improvement program; or
``(II) after the preparation of a
programmatic or tiered environmental
document that evaluated alternatives to
the project.
``(iv) Legal sufficiency.--The evaluation
of the range of alternatives shall be deemed
legally sufficient if the environmental
document complies with the requirements of this
paragraph.'';
(B) in subparagraph (C)--
(i) by striking ``(C) Methodologies.--The
lead agency'' and inserting the following:
``(C) Methodologies.--
``(i) In general.--The lead agency'';
(ii) by striking ``in collaboration with
participating agencies at appropriate times
during the study process'' and inserting
``after consultation with participating
agencies as part of the scoping process''; and
(iii) by adding at the end the following:
``(ii) Comments.--Each participating agency
shall limit comments on such methodologies to
those issues that are within the authority and
expertise of such participating agency.
``(iii) Studies.--The lead agency may not
conduct studies proposed by any participating
agency that are not within the authority or
expertise of such participating agency.''; and
(C) by adding at the end the following:
``(E) Limitations on the evaluation of impacts
evaluated in prior environmental documents.--
``(i) In general.--The lead agency may not
reevaluate, and a Federal agency may not
require the reevaluation of, cumulative impacts
or growth-inducing impacts where such impacts
were previously evaluated in--
``(I) a long-range transportation
plan or transportation improvement
program developed pursuant to section
134 or 135 or section 5303 or 5304 of
title 49;
``(II) a prior environmental
document approved by the Secretary; or
``(III) a prior State environmental
document approved pursuant to a State
law that is substantially equivalent to
section 102(2)(C) of the National
Environmental Policy Act of 1969 (42
U.S.C. 4332(2)(C)).
``(ii) Legal sufficiency.--The evaluation
of cumulative impacts and growth inducing
impacts shall be deemed legally sufficient if
the environmental document complies with the
requirements of this paragraph.''; and
(2) by adding at the end the following:
``(5) Effective decisionmaking.--
``(A) Concurrence.--At the discretion of the lead
agency, a participating agency shall be presumed to
concur in the determinations made by the lead agency
under this subsection unless the participating agency
submits an objection to the lead agency in writing
within 30 days after receiving notice of the lead
agency's determination and specifies the statutory
basis for the objection.
``(B) Adoption of determination.--If the
participating agency concurs or does not object within
the 30-day period, the participating agency shall adopt
the lead agency's determination for purposes of any
reviews, approvals, or other actions taken by the
participating agency as part of the environmental
review process for the project.''.
(f) Coordination Plan.--Section 139(g) is amended--
(1) in paragraph (1)(A) by striking ``project or category
of projects'' and inserting ``project, category of projects, or
program of projects'';
(2) by amending paragraph (3) to read as follows:
``(3) Deadlines for decisions under other laws.--
``(A) Prior approval deadline.--If a participating
agency is required to make a determination regarding or
otherwise approve or disapprove the project prior to
the record of decision or finding of no significant
impact of the lead agency, such participating agency
shall make such determination or approval not later
than 30 days after the lead agency publishes notice of
the availability of a final environmental impact
statement or other final environmental document, or not
later than such other date that is otherwise required
by law, whichever occurs first.
``(B) Other deadlines.--With regard to any
determination or approval of a participating agency
that is not subject to subparagraph (A), each
participating agency shall make any required
determination regarding or otherwise approve or
disapprove the project not later than 90 days after the
date that the lead agency approves the record of
decision or finding of no significant impact for the
project, or not later than such other date that is
otherwise required by law, whichever occurs first.
``(C) Deemed approved.--In the event that any
participating agency fails to make a determination or
approve or disapprove the project within the applicable
deadline described in subparagraphs (A) and (B), the
project shall be deemed approved by such participating
agency, and such approval shall be deemed to comply
with the applicable requirements of Federal law.
``(D) Written finding.--The Secretary may issue a
written finding verifying the approval made in
accordance with this paragraph.''; and
(3) by striking paragraph (4).
(g) Issue Identification and Resolution.--Section 139(h)(4) is
amended by adding at the end the following:
``(C) Resolution final.--
``(i) In general.--The lead agency and
participating agencies may not reconsider the
resolution of any issue agreed to by the
relevant agencies in a meeting under
subparagraph (A).
``(ii) Compliance with applicable law.--Any
such resolution shall be deemed to comply with
applicable law notwithstanding that the
agencies agreed to such resolution prior to the
approval of the environmental document.''.
(h) Streamlined Documentation and Decisionmaking.--Section 139 is
amended--
(1) by redesignating subsections (i) through (l) as
subsections (k) through (n), respectively; and
(2) by inserting after subsection (h) the following:
``(i) Streamlined Documentation and Decisionmaking.--
``(1) In general.--The lead agency in the environmental
review process for a project, in order to reduce paperwork and
expedite decisionmaking, shall prepare a condensed final
environmental impact statement.
``(2) Condensed format.--A condensed final environmental
impact statement for a project in the environmental review
process shall consist only of--
``(A) an incorporation by reference of the draft
environmental impact statement;
``(B) any updates to specific pages or sections of
the draft environmental impact statement as
appropriate; and
``(C) responses to comments on the draft
environmental impact statement and copies of the
comments.
``(3) Timing of decision.--Notwithstanding any other
provision of law, in conducting the environmental review
process for a project, the lead agency shall combine a final
environmental impact statement and a record of decision for the
project into a single document if--
``(A) the alternative approved in the record of
decision is either a preferred alternative that was
identified in the draft environmental impact statement
or is a modification of such preferred alternative that
was developed in response to comments on the draft
environmental impact statement;
``(B) the Secretary has received a certification
from a State under section 128, if such a certification
is required for the project; and
``(C) the Secretary determines that the lead
agency, participating agency, or the project sponsor
has committed to implement the measures applicable to
the approved alternative that are identified in the
final environmental impact statement.
``(j) Supplemental Environmental Review and Re-Evaluation.--
``(1) Supplemental environmental review.--After the
approval of a record of decision or finding of no significant
impact with regard to a project, an agency may not require the
preparation of a subsequent environmental document for such
project unless the lead agency determines that--
``(A) changes to the project will result in new
significant impacts that were not evaluated in the
environmental document; or
``(B) new information has become available or
changes in circumstances have occurred after the lead
agency approval of the project that will result in new
significant impacts that were not evaluated in the
environmental document.
``(2) Re-evaluations.--The Secretary may only require the
re-evaluation of a document prepared under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) if--
``(A) the Secretary determines that the events in
paragraph (1)(A) or (1)(B) apply; and
``(B) more than 5 years has elapsed since the
Secretary's prior approval of the project or
authorization of project funding.
``(3) Change to record of decision.--After the approval of
a record of decision, the Secretary may not require the record
of decision to be changed solely because of a change in the
fiscal circumstances surrounding the project.''.
(i) Regulations.--Section 139(m) (as redesignated by subsection
(h)(1) of this section) is further amended to read as follows:
``(m) Regulations.--
``(1) In general.--Not later than 1 year after the date of
enactment of the Surface Transportation Extension Act of 2012,
Part II, the Secretary, by regulation, shall--
``(A) implement this section; and
``(B) establish methodologies and procedures for
evaluating the environmental impacts, including
cumulative impacts and growth-inducing impacts, of
transportation projects subject to this section.
``(2) Compliance with applicable law.--Any environmental
document that utilizes the methodologies and procedures
established under this subsection shall be deemed to comply
with the applicable requirements of--
``(A) the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.) or its implementing
regulations; or
``(B) any other Federal environmental statute
applicable to transportation projects.''.
SEC. 610. DISPOSAL OF HISTORIC PROPERTIES.
(a) Disposal of Historic Properties.--Section 156 is amended--
(1) by striking the section heading and inserting ``Sale or
lease of real property''; and
(2) by adding at the end the following:
``(d) Assessment of Adverse Effects.--Notwithstanding part 800 of
title 36, Code of Federal Regulations, the sale or lease by a State of
any historic property that is not listed in the National Register of
Historic Places shall not be considered an adverse effect to the
property within any consultation process carried out under section 106
of the National Historic Preservation Act (16 U.S.C. 470f).''.
(b) Clerical Amendment.--The analysis for chapter 1 is amended by
striking the item relating to section 156 and inserting the following:
``156. Sale or lease of real property.''.
SEC. 611. INTEGRATION OF PLANNING AND ENVIRONMENTAL REVIEW.
(a) In General.--Chapter 1 is amended by adding at the end the
following:
``Sec. 167. Integration of planning and environmental review
``(a) Definitions.--In this section, the following definitions
apply:
``(1) Environmental review process.--
``(A) In general.--The term `environmental review
process' means the process for preparing for a project
an environmental impact statement, environmental
assessment, categorical exclusion, or other document
prepared under the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.).
``(B) Inclusions.--The term `environmental review
process' includes the process for and completion of any
environmental permit, approval, review, or study
required for a project under any Federal law other than
the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.).
``(2) Planning product.--The term `planning product' means
any decision, analysis, study, or other documented result of an
evaluation or decisionmaking process carried out during
transportation planning.
``(3) Project.--The term `project' means any highway
project or program of projects, public transportation capital
project or program of projects, or multimodal project or
program of projects that requires the approval of the
Secretary.
``(4) Project sponsor.--The term `project sponsor' means
the agency or other entity, including any private or public-
private entity, that seeks approval of the Secretary for a
project.
``(b) Purpose and Findings.--
``(1) Purpose.--The purpose of this section is to establish
the authority and provide procedures for achieving integrated
planning and environmental review processes to--
``(A) enable statewide and metropolitan planning
processes to more effectively serve as the foundation
for project decisions;
``(B) foster better decisionmaking;
``(C) reduce duplication in work;
``(D) avoid delays in transportation improvements;
and
``(E) better transportation and environmental
results for communities and the United States.
``(2) Findings.--Congress finds the following:
``(A) This section is consistent with and is
adopted in furtherance of sections 101 and 102 of the
National Environmental Policy Act of 1969 (42 U.S.C.
4331 and 4332) and section 109 of this title.
``(B) This section should be broadly construed and
may be applied to any project, class of projects, or
program of projects carried out under this title or
chapter 53 of title 49.
``(c) Adoption of Planning Products for Use in NEPA Proceedings.--
``(1) In general.--Notwithstanding any other provision of
law and subject to the conditions set forth in subsection (e),
the Federal lead agency for a project, at the request of the
project sponsors, may adopt and use a planning product in
proceedings relating to any class of action in the
environmental review process of the project.
``(2) Partial adoption of planning products.--The Federal
lead agency may adopt a planning product under paragraph (1) in
its entirety or may select portions for adoption.
``(3) Timing.--A determination under paragraph (1) with
respect to the adoption of a planning product shall be made at
the time the lead agencies decide the appropriate scope of
environmental review for the project.
``(d) Applicability.--
``(1) Planning decisions.--Planning decisions that may be
adopted pursuant to this section include--
``(A) a purpose and need or goals and objectives
statement for the project, including with respect to
whether tolling, private financial assistance, or other
special financial measures are necessary to implement
the project;
``(B) a decision with respect to travel corridor
location, including project termini;
``(C) a decision with respect to modal choice,
including a decision to implement corridor or subarea
study recommendations to advance different modal
solutions as separate projects with independent
utility;
``(D) a decision with respect to the elimination of
unreasonable alternatives and the selection of the
range of reasonable alternatives for detailed study
during the environmental review process;
``(E) a basic description of the environmental
setting;
``(F) a decision with respect to methodologies for
analysis; and
``(G) identifications of programmatic level
mitigation for potential impacts that the Federal lead
agency, in consultation with Federal, State, local, and
tribal resource agencies, determines are most
effectively addressed at a regional or national program
level, including--
``(i) system-level measures to avoid,
minimize, or mitigate impacts of proposed
transportation investments on environmental
resources, including regional ecosystem and
water resources; and
``(ii) potential mitigation activities,
locations, and investments.
``(2) Planning analyses.--Planning analyses that may be
adopted pursuant to this section include studies with respect
to--
``(A) travel demands;
``(B) regional development and growth;
``(C) local land use, growth management, and
development;
``(D) population and employment;
``(E) natural and built environmental conditions;
``(F) environmental resources and environmentally
sensitive areas;
``(G) potential environmental effects, including
the identification of resources of concern and
potential cumulative effects on those resources,
identified as a result of a statewide or regional
cumulative effects assessment; and
``(H) mitigation needs for a proposed action, or
for programmatic level mitigation, for potential
effects that the Federal lead agency determines are
most effectively addressed at a regional or national
program level.
``(e) Conditions.--Adoption and use of a planning product under
this section is subject to a determination by the Federal lead agency,
in consultation with joint lead agencies and project sponsors as
appropriate, that the following conditions have been met:
``(1) The planning product was developed through a planning
process conducted pursuant to applicable Federal law.
``(2) The planning process included broad multidisciplinary
consideration of systems-level or corridor-wide transportation
needs and potential effects.
``(3) During the planning process, notice was provided
through publication or other means to Federal, State, and local
government agencies and tribal governments that might have an
interest in the proposed project, and to members of the general
public, of the planning products that the planning process
might produce and that might be relied on during the
environmental review process, and such entities have been
provided an appropriate opportunity to participate in the
planning process leading to such planning product.
``(4) Prior to determining the scope of environmental
review for the project, the joint lead agencies have made
documentation relating to the planning product available to
Federal, State, and local governmental agencies and tribal
governments that may have an interest in the proposed action,
and to members of the general public.
``(5) There is no significant new information or new
circumstance that has a reasonable likelihood of affecting the
continued validity or appropriateness of the planning product.
``(6) The planning product is based on reliable and
reasonably current data and reasonable and scientifically
acceptable methodologies.
``(7) The planning product is documented in sufficient
detail to support the decision or the results of the analysis
and to meet requirements for use of the information in the
environmental review process.
``(8) The planning product is appropriate for adoption and
use in the environmental review process for the project.
``(f) Effect of Adoption.--Notwithstanding any other provision of
law, any planning product adopted by the Federal lead agency in
accordance with this section shall not be reconsidered or made the
subject of additional interagency consultation during the environmental
review process of the project unless the Federal lead agency, in
consultation with joint lead agencies and project sponsors as
appropriate, determines that there is significant new information or
new circumstances that affect the continued validity or appropriateness
of the adopted planning product. Any planning product adopted by the
Federal lead agency in accordance with this section may be relied upon
and used by other Federal agencies in carrying out reviews of the
project.
``(g) Rule of Construction.--This section may not be construed to
make the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.) process applicable to the transportation planning process
conducted under chapter 52 of title 49. Initiation of the National
Environmental Policy Act of 1969 process as a part of, or concurrently
with, transportation planning activities does not subject
transportation plans and programs to the National Environmental Policy
Act of 1969 process. This section may not be construed to affect the
use of planning products in the National Environmental Policy Act of
1969 process pursuant to other authorities under law or to restrict the
initiation of the National Environmental Policy Act of 1969 process
during planning.''.
(b) Clerical Amendment.--The analysis for such chapter is amended
by adding at end the following:
``167. Integration of planning and environmental review.''.
SEC. 612. DEVELOPMENT OF PROGRAMMATIC MITIGATION PLANS.
(a) In General.--Chapter 1 (as amended by this title) is further
amended by adding at the end the following:
``Sec. 168. Development of programmatic mitigation plans
``(a) In General.--As part of the statewide or metropolitan
transportation planning process, a State or metropolitan planning
organization may develop one or more programmatic mitigation plans to
address the potential environmental impacts of future transportation
projects.
``(b) Scope.--
``(1) Scale.--A programmatic mitigation plan may be
developed on a regional, ecosystem, watershed, or statewide
scale.
``(2) Resources.--The plan may encompass multiple
environmental resources within a defined geographic area or may
focus on a specific resource, such as aquatic resources,
parklands, or wildlife habitat.
``(3) Project impacts.--The plan may address impacts from
all projects in a defined geographic area or may focus on a
specific type of project, such as bridge replacements.
``(4) Consultation.--The scope of the plan shall be
determined by the State or metropolitan planning organization,
as appropriate, in consultation with the agency or agencies
with jurisdiction over the resources being addressed in the
mitigation plan.
``(c) Contents.--A programmatic mitigation plan may include--
``(1) an assessment of the condition of environmental
resources in the geographic area covered by the plan, including
an assessment of recent trends and any potential threats to
those resources;
``(2) an assessment of potential opportunities to improve
the overall quality of environmental resources in the
geographic area covered by the plan, through strategic
mitigation for impacts of transportation projects;
``(3) standard measures for mitigating certain types of
impacts;
``(4) parameters for determining appropriate mitigation for
certain types of impacts, such as mitigation ratios or criteria
for determining appropriate mitigation sites;
``(5) adaptive management procedures, such as protocols
that involve monitoring predicted impacts over time and
adjusting mitigation measures in response to information
gathered through the monitoring; and
``(6) acknowledgment of specific statutory or regulatory
requirements that must be satisfied when determining
appropriate mitigation for certain types of resources.
``(d) Process.--Before adopting a programmatic mitigation plan, a
State or metropolitan planning organization shall--
``(1) consult with the agency or agencies with jurisdiction
over the environmental resources considered in the programmatic
mitigation plan;
``(2) make a draft of the plan available for review and
comment by applicable environmental resource agencies and the
public;
``(3) consider any comments received from such agencies and
the public on the draft plan; and
``(4) address such comments in the final plan.
``(e) Integration With Other Plans.--A programmatic mitigation plan
may be integrated with other plans, including watershed plans,
ecosystem plans, species recovery plans, growth management plans, and
land use plans.
``(f) Consideration in Project Development and Permitting.--If a
programmatic mitigation plan has been developed pursuant to this
section, any Federal agency responsible for environmental reviews,
permits, or approvals for a transportation project shall give
substantial weight to the recommendations in a programmatic mitigation
plan when carrying out their responsibilities under applicable laws.
``(g) Preservation of Existing Authorities.--Nothing in this
section limits the use of programmatic approaches to reviews under the
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).''.
(b) Clerical Amendment.--The analysis for such chapter (as amended
by this title) is further amended by adding at the end the following:
``168. Development of programmatic mitigation plans.''.
SEC. 613. STATE ASSUMPTION OF RESPONSIBILITY FOR CATEGORICAL
EXCLUSIONS.
Section 326(a) is amended--
(1) in paragraph (2) by striking ``and only for types of
activities specifically designated by the Secretary'' and
inserting ``and for any type of activity for which a
categorical exclusion classification is appropriate''; and
(2) by adding at the end the following:
``(4) Preservation of flexibility.--The Secretary shall not
require a State, as a condition of assuming responsibility
under this section, to forego project delivery methods that are
otherwise permissible for highway projects.''.
SEC. 614. SURFACE TRANSPORTATION PROJECT DELIVERY PROGRAM.
(a) Program Name.--Section 327 is amended--
(1) in the section heading by striking ``pilot''; and
(2) in subsection (a)(1) by striking ``pilot''.
(b) Assumption of Responsibility.--Section 327(a)(2) is amended--
(1) in subparagraph (A) by striking ``highway'';
(2) in subparagraph (B) by striking clause (ii) and
inserting the following:
``(ii) the Secretary may not assign any
responsibility imposed on the Secretary by
section 134 or 135 or section 5303 or 5304 of
title 49.''; and
(3) by adding at the end the following:
``(F) Preservation of flexibility.--The Secretary
may not require a State, as a condition of
participation in the program, to forego project
delivery methods that are otherwise permissible for
projects.''.
(c) State Participation.--Section 327(b) is amended--
(1) by amending paragraph (1) to read as follows:
``(1) Participating states.--All States are eligible to
participate in the program.''; and
(2) in paragraph (2) by striking ``this section, the
Secretary shall promulgate'' and inserting ``amendments to this
section by the Surface Transportation Extension Act of 2012,
Part II, the Secretary shall amend, as appropriate,''.
(d) Written Agreement.--Section 327(c) is amended--
(1) in paragraph (3)(D) by striking the period at the end
and inserting a semicolon; and
(2) by adding at the end the following:
``(4) have a term of not more than 5 years; and
``(5) be renewable.''.
(e) Conforming Amendment.--Section 327(e) is amended by striking
``subsection (i)'' and inserting ``subsection (j)''.
(f) Audits.--Section 327(g)(1)(B) is amended by striking
``subsequent year'' and inserting ``of the third and fourth years''.
(g) Monitoring.--Section 327 is further amended--
(1) by redesignating subsections (h) and (i) as subsections
(i) and (j), respectively; and
(2) by inserting after subsection (g) the following:
``(h) Monitoring.--After the fourth year of the participation of a
State in the program, the Secretary shall monitor compliance by the
State with the written agreement, including the provision by the State
of financial resources to carry out the written agreement.''.
(h) Termination.--Section 327(j) (as redesignated by subsection
(g)(1) of this section) is amended to read as follows:
``(j) Termination.--The Secretary may terminate the participation
of any State in the program if--
``(1) the Secretary determines that the State is not
adequately carrying out the responsibilities assigned to the
State;
``(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.''.
(i) Definitions.--Section 327 is amended by adding at the end the
following:
``(k) Definitions.--In this section, the following definitions
apply:
``(1) Multimodal project.--The term `multimodal project'
means a project funded, in whole or in part, under this title
or chapter 53 of title 49 and involving the participation of
more than one Department of Transportation administration or
agency.
``(2) Project.--The term `project' means any highway
project, public transportation capital project, or multimodal
project that requires the approval of the Secretary.''.
(j) Clerical Amendment.--The analysis for chapter 3 is amended by
striking the item relating to section 327 and inserting the following:
``327. Surface transportation project delivery program.''.
SEC. 615. PROGRAM FOR ELIMINATING DUPLICATION OF ENVIRONMENTAL REVIEWS.
(a) In General.--Chapter 3 is amended by adding at the end the
following:
``Sec. 330. Program for eliminating duplication of environmental
reviews
``(a) Establishment.--
``(1) In general.--The Secretary shall establish a program
to eliminate duplicative environmental reviews and approvals
under State and Federal law of projects. Under this program, a
State may use State laws and procedures to conduct reviews and
make approvals in lieu of Federal environmental laws and
regulations, consistent with the provisions of this section.
``(2) Participating states.--All States are eligible to
participate in the program.
``(3) Scope of alternative review and approval
procedures.--For purposes of this section, alternative
environmental review and approval procedures may include one or
more of the following:
``(A) Substitution of one or more State
environmental laws for one or more Federal
environmental laws, if the Secretary determines in
accordance with this section that the State
environmental laws provide environmental protection and
opportunities for public involvement that are
substantially equivalent to the applicable Federal
environmental laws.
``(B) Substitution of one or more State regulations
for Federal regulations implementing one or more
Federal environmental laws, if the Secretary determines
in accordance with this section that the State
regulations provide environmental protection and
opportunities for public involvement that are
substantially equivalent to the Federal regulations.
``(b) Application.--To participate in the program, a State shall
submit to the Secretary an application containing such information as
the Secretary may require, including--
``(1) a full and complete description of the proposed
alternative environmental review and approval procedures of the
State;
``(2) for each State law or regulation included in the
proposed alternative environmental review and approval
procedures of the State, an explanation of the basis for
concluding that the law or regulation meets the requirements
under subsection (a)(3); and
``(3) evidence of having sought, received, and addressed
comments on the proposed application from the public and
appropriate Federal environmental resource agencies.
``(c) Review of Application.--The Secretary shall--
``(1) review an application submitted under subsection (b);
``(2) approve or disapprove the application in accordance
with subsection (d) not later than 90 days after the date of
the receipt of the application; and
``(3) transmit to the State notice of the approval or
disapproval, together with a statement of the reasons for the
approval or disapproval.
``(d) Approval of State Programs.--
``(1) In general.--The Secretary shall approve each such
application if the Secretary finds that the proposed
alternative environmental review and approval procedures of the
State are substantially equivalent to the applicable Federal
environmental laws and Federal regulations.
``(2) Exclusion.--The National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.) and the Endangered Species Act of
1973 (16 U.S.C. 1531 et seq.) shall not apply to any decision
by the Secretary to approve or disapprove any application
submitted pursuant to this section.
``(e) Compliance With Permits.--Compliance with a permit or other
approval of a project issued pursuant to a program approved by the
Secretary under this section shall be deemed compliance with the
Federal laws and regulations identified in the program approved by the
Secretary pursuant to this section.
``(f) Review and Termination.--
``(1) Review.--All State alternative environmental review
and approval procedures approved under this section shall be
reviewed by the Secretary not less than once every 5 years.
``(2) Public notice and comment.--In conducting the review
process under paragraph (1), the Secretary shall provide notice
and an opportunity for public comment.
``(3) Extensions and terminations.--At the conclusion of
the review process, the Secretary may extend the State
alternative environmental review and approval procedures for an
additional 5-year period or terminate the State program.
``(g) Report to Congress.--Not later than 2 years after the date of
enactment of this section and annually thereafter, the Secretary shall
submit to Congress a report that describes the administration of the
program.
``(h) Definitions.--For purposes of this section:
``(1) Environmental law.--The term `environmental law'
includes any law that provides procedural or substantive
protection, as applicable, for the natural or built environment
with regard to the construction and operation of projects.
``(2) Federal environmental laws.--The term `Federal
environmental laws' means laws governing the review of
environmental impacts of, and issuance of permits and other
approvals for, the construction and operation of projects,
including section 102(2)(C) of the National Environmental
Policy Act of 1969 (42 U.S.C. 4332(2)(C)), section 404 of the
Federal Water Pollution Control Act (33 U.S.C. 1344), section
106 of the National Historic Preservation Act (16 U.S.C. 470f),
and sections 7(a)(2), 9(a)(1)(B), and 10(a)(1)(B) of the
Endangered Species Act of 1973 (16 U.S.C. 1536(a)(2),
1538(a)(1)(B), 1539(a)(1)(B)).
``(3) Multimodal project.--The term `multimodal project'
means a project funded, in whole or in part, under this title
or chapter 53 of title 49 and involving the participation of
more than one Department of Transportation administration or
agency.
``(4) Project.--The term `project' means any highway
project, public transportation capital project, or multimodal
project that requires the approval of the Secretary.''.
(b) Clerical Amendment.--The analysis for such chapter (as amended
by title I of this Act) is further amended by adding at the end the
following:
``330. Program for eliminating duplication of environmental reviews.''.
SEC. 616. STATE PERFORMANCE OF LEGAL SUFFICIENCY REVIEWS.
(a) In General.--Chapter 3 (as amended by this title) is further
amended by adding at the end the following:
``Sec. 331. State performance of legal sufficiency reviews
``(a) In General.--At the request of any State transportation
department, the Federal Highway Administration shall enter into an
agreement with the State transportation department to authorize the
State to carry out the legal sufficiency reviews for environmental
impact statements and environmental assessments under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) in accordance
with this section.
``(b) Terms of Agreement.--An agreement authorizing a State to
carry out legal sufficiency reviews for Federal-aid highway projects
shall contain the following provisions:
``(1) A finding by the Federal Highway Administration that
the State has the capacity to carry out legal sufficiency
reviews that are equivalent in quality and consistency to the
reviews that would otherwise be conducted by attorneys employed
by such Administration.
``(2) An oversight process, including periodic reviews
conducted by attorneys employed by such Administration, to
evaluate the quality of the legal sufficiency reviews carried
out by the State transportation department under the agreement.
``(3) A requirement for the State transportation department
to submit a written finding of legal sufficiency to the Federal
Highway Administration concurrently with the request by the
State for Federal approval of the National Environmental Policy
Act of 1969 (42 U.S.C. 4321 et seq.) document.
``(4) An opportunity for the Federal Highway Administration
to conduct an additional legal sufficiency review for any
project, for not more than 30 days, if considered necessary by
the Federal Highway Administration.
``(5) Procedures allowing either party to the agreement to
terminate the agreement for any reason with 30 days notice to
the other party.
``(c) Effect of Agreement.--A legal sufficiency review carried out
by a State transportation department under this section shall be deemed
by the Federal Highway Administration to satisfy the requirement for a
legal sufficiency review in sections 771.125(b) and 774.7(d) of title
23, Code of Federal Regulations, or other applicable regulations issued
by the Federal Highway Administration.''.
(b) Clerical Amendment.--The analysis for such chapter (as amended
by this title) is further amended by adding at the end the following:
``331. State performance of legal sufficiency reviews.''.
SEC. 617. CATEGORICAL EXCLUSIONS.
(a) In General.--The Secretary shall treat an activity carried out
under title 23, United States Code, or project within a right-of-way as
a class of action categorically excluded from the requirements relating
to environmental assessments or environmental impact statements under
section 771.117(c) of title 23, Code of Federal Regulations.
(b) Definitions.--In this section, the following definitions apply:
(1) Multimodal project.--The term ``multimodal project''
means a project funded, in whole or in part, under title 23,
United States Code, or chapter 53 of title 49 of such Code and
involving the participation of more than one Department of
Transportation administration or agency.
(2) Project.--The term ``project'' means any highway
project, public transportation capital project, or multimodal
project that requires the approval of the Secretary.
SEC. 618. ENVIRONMENTAL REVIEW PROCESS DEADLINE.
(a) In General.--
(1) Deadline.--Notwithstanding any other provision of law,
the environmental review process for a project shall be
completed not later than 270 days after the date on which the
notice of project initiation under section 139(e) of title 23,
United States Code, is published in the Federal Register.
(2) Consequences of missed deadline.--If the environmental
review process for a project is not completed in accordance
with paragraph (1)--
(A) the project shall be considered to have no
significant impact to the human environment for
purposes of the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.); and
(B) that classification shall be considered to be a
final agency action.
(b) Definitions.--In this section, the following definitions apply:
(1) Environmental review process.--
(A) In general.--The term ``environmental review
process'' means the process for preparing for a project
an environmental impact statement, environmental
assessment, categorical exclusion, or other document
prepared under the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.).
(B) Inclusions.--The term ``environmental review
process'' includes the process for and completion of
any environmental permit, approval, review, or study
required for a project under any Federal law other than
the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.).
(2) Lead agency.--The term ``lead agency'' means the
Department of Transportation and, if applicable, any State or
local governmental entity serving as a joint lead agency
pursuant to this section.
(3) Multimodal project.--The term ``multimodal project''
means a project funded, in whole or in part, under title 23,
United States Code, or chapter 53 of title 49 of such Code and
involving the participation of more than one Department of
Transportation administration or agency.
(4) Project.--The term ``project'' means any highway
project, public transportation capital project, or multimodal
project that requires the approval of the Secretary.
SEC. 619. RELOCATION ASSISTANCE.
(a) Alternative Relocation Payment Process.--
(1) Establishment.--For the purpose of identifying
improvements in the timeliness of providing relocation
assistance to persons displaced as a result of Federal or
federally-assisted programs and projects, the Secretary shall
establish an alternative relocation payment process under which
payments to displaced persons eligible for relocation
assistance pursuant to the Uniform Relocation Assistance and
Real Property Acquisition Policies Act of 1970 (42 U.S.C. 4601
et seq.), are calculated based on reasonable estimates and paid
in advance of the physical displacement of the displaced
person.
(2) Payments.--
(A) Timing of payments.--Relocation assistance
payments may be provided to the displaced person at the
same time as payments of just compensation for real
property acquired for a program or project of the
State.
(B) Combined payment.--Payments for relocation and
just compensation may be combined into a single
unallocated amount.
(3) Conditions for state use of alternative process.--
(A) In general.--After public notice and an
opportunity to comment, the Secretary shall adopt
criteria for States to use the alternative relocation
payment process established by the Secretary.
(B) Memorandum of agreement.--In order to use the
alternative relocation payment process, a State shall
enter into a memorandum of agreement with the Secretary
that includes provisions relating to--
(i) the selection of projects or programs
within the State to which the alternative
relocation payment process will be applied;
(ii) program and project-level monitoring;
(iii) performance measurement;
(iv) reporting requirements; and
(v) the circumstances under which the
Secretary may terminate or suspend the
authority of the State to use the alternative
relocation payment process.
(C) Required information.--A State may use the
alternative relocation payment process only after the
displaced persons affected by a program or project--
(i) are informed in writing--
(I) that the relocation payments
the displaced persons receive under the
alternative relocation payment process
may be higher or lower than the amount
that the displaced persons would have
received under the standard relocation
assistance process; and
(II) of their right not to
participate in the alternative
relocation payment process; and
(ii) agree in writing to the alternative
relocation payment process.
(D) Election not to participate.--The displacing
agency shall provide any displaced person who elects
not to participate in the alternative relocation
payment process with relocation assistance in
accordance with the Uniform Relocation Assistance and
Real Property Acquisition Policies Act of 1970 (42
U.S.C. 4601 et seq.).
(4) Protections against inconsistent treatment.--If other
Federal agencies plan displacements in or adjacent to an area
of a project using the alternative relocation payment process
within the same time period as a project acquisition and
relocation action of the project, the Secretary shall adopt
measures to protect against inconsistent treatment of displaced
persons. Such measures may include a determination that the
alternative relocation payment process authority may not be
used on a specific project.
(5) Report.--
(A) In general.--The Secretary shall submit to
Congress an annual report on the implementation of the
alternative relocation payment process.
(B) Contents.--The report shall include an
evaluation of the merits of the alternative relocation
payment process, including the effects of the
alternative relocation payment process on--
(i) displaced persons and the protections
afforded to such persons by the Uniform
Relocation Assistance and Real Property
Acquisition Policies Act of 1970 (42 U.S.C.
4601 et seq.);
(ii) the efficiency of the delivery of
Federal-aid highway projects and overall
effects on the Federal-aid highway program; and
(iii) the achievement of the purposes of
the Uniform Relocation Assistance and Real
Property Acquisition Policies Act of 1970 (42
U.S.C. 4601 et seq.).
(6) Limitation.--The alternative relocation payment process
under this section may be used only on projects funded under
title 23, United States Code, in cases in which the funds are
administered by the Federal Highway Administration.
(7) NEPA applicability.--Notwithstanding any other
provision of law, the use of the alternative relocation payment
process established under this section on a project funded
under title 23, United States Code, and administered by the
Federal Highway Administration is not a major Federal action
requiring analysis or approval under the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.).
(b) Uniform Relocation Assistance Act Amendments.--
(1) Moving and related expenses.--Section 202 of the
Uniform Relocation Assistance and Real Property Acquisition
Policies Act of 1970 (42 U.S.C. 4622) is amended--
(A) in subsection (a)(4) by striking ``$10,000''
and inserting ``$25,000, as adjusted by regulation, in
accordance with section 213(d)''; and
(B) in the second sentence of subsection (c) by
striking ``$20,000'' and inserting ``$40,000, as
adjusted by regulation, in accordance with section
213(d)''.
(2) Replacement housing for homeowners.--The first sentence
of section 203(a)(1) of the Uniform Relocation Assistance and
Real Property Acquisition Policies Act of 1970 (42 U.S.C.
4623(a)(1)) is amended by--
(A) striking ``$22,500'' and inserting ``$31,000,
as adjusted by regulation, in accordance with section
213(d),''; and
(B) striking ``one hundred and eighty days prior
to'' and inserting ``90 days before''.
(3) Replacement housing for tenants and certain others.--
Section 204 of the Uniform Relocation Assistance and Real
Property Acquisition Policies Act of 1970 (42 U.S.C. 4624) is
amended--
(A) in the second sentence of subsection (a) by
striking ``$5,250'' and inserting ``$7,200, as adjusted
by regulation, in accordance with section 213(d)''; and
(B) in the second sentence of subsection (b) by
striking ``, except'' and all that follows through the
end of the subsection and inserting a period.
(4) Duties of lead agency.--Section 213 of the Uniform
Relocation Assistance and Real Property Acquisition Policies
Act of 1970 (42 U.S.C. 4633) is amended--
(A) in subsection (b)--
(i) in paragraph (2) by striking ``and'';
(ii) in paragraph (3) by striking the
period and inserting ``; and''; and
(iii) by adding at the end the following:
``(4) that each Federal agency that has programs or
projects requiring the acquisition of real property or causing
a displacement from real property subject to the provisions of
this Act shall provide to the lead agency an annual summary
report that describes the activities conducted by the Federal
agency.''; and
(B) by adding at the end the following:
``(d) Adjustment of Payments.--The head of the lead agency may
adjust, by regulation, the amounts of relocation payments provided
under sections 202(a)(4), 202(c), 203(a), and 204(a) if the head of the
lead agency determines that cost of living, inflation, or other factors
indicate that the payments should be adjusted to meet the policy
objectives of this Act.''.
(5) Agency coordination.--Title II of the Uniform
Relocation Assistance and Real Property Acquisition Policies
Act of 1970 (42 U.S.C. 4601 et seq.) is amended by inserting
after section 213 (42 U.S.C. 4633) the following:
``SEC. 214. AGENCY COORDINATION.
``(a) Agency Capacity.--Each Federal agency responsible for funding
or carrying out relocation and acquisition activities shall have
adequately trained personnel and such other resources as are necessary
to manage and oversee the relocation and acquisition program of the
Federal agency in accordance with this Act.
``(b) Interagency Agreements.--Not later than 1 year after the date
of the enactment of this section, each Federal agency responsible for
funding relocation and acquisition activities (other than the agency
serving as the lead agency) shall enter into a memorandum of
understanding with the lead agency that--
``(1) provides for periodic training of the personnel of
the Federal agency, which in the case of a Federal agency that
provides Federal financial assistance, may include personnel of
any displacing agency that receives Federal financial
assistance;
``(2) addresses ways in which the lead agency may provide
assistance and coordination to the Federal agency relating to
compliance with this Act on a program or project basis; and
``(3) addresses the funding of the training, assistance,
and coordination activities provided by the lead agency, in
accordance with subsection (c).
``(c) Interagency Payments.--
``(1) In general.--For the fiscal year that begins 1 year
after the date of the enactment of this section, and each
fiscal year thereafter, each Federal agency responsible for
funding relocation and acquisition activities (other than the
agency serving as the lead agency) shall transfer to the lead
agency for the fiscal year, such funds as are necessary, but
not less than $35,000, to support the training, assistance, and
coordination activities of the lead agency described in
subsection (b).
``(2) Included costs.--The cost to a Federal agency of
providing the funds described in paragraph (1) shall be
included as part of the cost of 1 or more programs or projects
undertaken by the Federal agency or with Federal financial
assistance that result in the displacement of persons or the
acquisition of real property.''.
(c) Cooperation With Federal Agencies.--Section 308(a) is amended
to read as follows:
``(a) Authorized Activities.--
``(1) In general.--The Secretary may perform, by contract
or otherwise, authorized engineering or other services in
connection with the survey, construction, maintenance, or
improvement of highways for other Federal agencies, cooperating
foreign countries, and State cooperating agencies.
``(2) Inclusions.--Services authorized under paragraph (1)
may include activities authorized under section 214 of the
Uniform Relocation Assistance and Real Property Acquisition
Policies Act of 1970 (42 U.S.C. 4601 et seq.).
``(3) Reimbursement.--Reimbursement for services carried
out under this subsection, including depreciation on
engineering and road-building equipment, shall be credited to
the applicable appropriation.''.
Passed the House of Representatives April 18, 2012.
Attest:
Clerk.
112th CONGRESS
2d Session
H. R. 4348
_______________________________________________________________________
AN ACT
To provide an extension of Federal-aid highway, highway safety, motor
carrier safety, transit, and other programs funded out of the Highway
Trust Fund pending enactment of a multiyear law reauthorizing such
programs, and for other purposes.