[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 1254 Introduced in Senate (IS)]

<DOC>






117th CONGRESS
  1st Session
                                S. 1254

To improve the processes by which environmental documents are prepared 
  and permits and applications are processed and regulated by Federal 
           departments and agencies, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 20, 2021

 Mr. Sullivan introduced the following bill; which was read twice and 
       referred to the Committee on Environment and Public Works

_______________________________________________________________________

                                 A BILL


 
To improve the processes by which environmental documents are prepared 
  and permits and applications are processed and regulated by Federal 
           departments and agencies, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Rebuild America 
Now Act''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
        TITLE I--ENVIRONMENTAL AND PROJECT REVIEW MODERNIZATION

Sec. 101. Expansion of State responsibility for categorical exclusions.
Sec. 102. National Environmental Policy Act of 1969 reform.
Sec. 103. Designation of categorical exclusions for emergency projects 
                            and structurally deficient infrastructure.
Sec. 104. Categorical exclusion for projects of limited Federal 
                            assistance.
Sec. 105. Simplifying environmental documents.
Sec. 106. Permittee bill of rights.
Sec. 107. Policy review under Clean Air Act.
                     TITLE II--JUDICIAL PROVISIONS

Sec. 201. Deadline for filing energy-related causes of action.
Sec. 202. Limiting sue and settle practices.
         TITLE III--NATURAL GAS PIPELINE PERMITTING EFFICIENCY

Sec. 301. Regulatory approval of natural gas pipeline projects.
Sec. 302. Rights-of-way for public utilities.
               TITLE IV--TRANSPORTATION CONFORMITY REFORM

Sec. 401. Limitations on certain Federal assistance under Clean Air 
                            Act.
Sec. 402. Study on transportation air quality conformity under Clean 
                            Air Act.
  TITLE V--INCREASING STATE AUTHORITY AND COLLABORATION IN REVIEWING 
                        TRANSPORTATION PROJECTS

Sec. 501. Federal-State project agreements.
Sec. 502. Project approval and oversight for high risk projects.
Sec. 503. Advance acquisition of real property.
Sec. 504. Agreements relating to use of, and access to, rights-of-way 
                            on Interstate System.

        TITLE I--ENVIRONMENTAL AND PROJECT REVIEW MODERNIZATION

SEC. 101. EXPANSION OF STATE RESPONSIBILITY FOR CATEGORICAL EXCLUSIONS.

    Section 326 of title 23, United States Code, is amended--
            (1) in subsection (a)--
                    (A) in paragraph (1), by striking ``certain 
                designated activities are included within classes of 
                action identified in regulation by the Secretary that 
                are'' and inserting ``any activity is included within a 
                class of action identified in a regulation of the 
                Secretary that is''; and
                    (B) in paragraph (2), by striking ``and only for 
                types of activities specifically designated by the 
                Secretary''; and
            (2) in subsection (b)(1), by inserting ``(including the 
        responsibility for making conformity determinations under the 
        Clean Air Act (42 U.S.C. 7401 et seq.))'' after ``categorical 
        exclusions''.

SEC. 102. NATIONAL ENVIRONMENTAL POLICY ACT OF 1969 REFORM.

    (a) In General.--The National Environmental Policy Act of 1969 (42 
U.S.C. 4321 et seq.) is amended by adding at the end the following:

      ``TITLE III--INTERAGENCY COORDINATION RELATING TO PERMITTING

``SEC. 301. INTERAGENCY COORDINATION RELATING TO PERMITTING.

    ``(a) Preparation of Environmental Documents.--An agency or other 
entity seeking approval of, or otherwise responsible for carrying out, 
a project (referred to in this section as the `project sponsor'), may 
prepare an environmental impact statement or environmental assessment 
for the purpose of an environmental review in support of the project 
for approval by the lead agency of the project if, before the project 
sponsor takes any action or seeks any approval based on the 
environmental document, the lead agency--
            ``(1) provides oversight in the preparation of the 
        environmental impact statement or environmental assessment;
            ``(2) independently evaluates the environmental impact 
        statement or environmental assessment; and
            ``(3) approves, within a reasonable time, and adopts the 
        environmental impact statement or environmental assessment.
    ``(b) Adoption and Use of Environmental Documents.--
            ``(1) Environmental impact statements and assessments.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), the lead agency shall not prepare 
                more than 1 environmental impact statement and 1 
                environmental assessment under this Act for a project.
                    ``(B) Exceptions.--The limitation in subparagraph 
                (A) shall not apply to--
                            ``(i) a supplemental environmental 
                        document; or
                            ``(ii) an environmental impact statement or 
                        environmental assessment prepared pursuant to a 
                        court order.
                    ``(C) Record of decision.--
                            ``(i) In general.--Except as provided in 
                        clause (ii), after the date on which the lead 
                        agency issues a record of decision for a 
                        project, the head of a Federal agency 
                        responsible for approving the project shall not 
                        rely on any environmental impact statement or 
                        environmental assessment prepared before that 
                        date.
                            ``(ii) Environmental document of lead 
                        agency.--Notwithstanding clause (i), the head 
                        of a Federal agency may rely on an 
                        environmental impact statement or environmental 
                        assessment prepared by the lead agency after 
                        the date on which the lead agency issues a 
                        record of decision for the project.
                    ``(D) Impact analysis.--On request by a project 
                sponsor, a lead agency may adopt, use, or rely on a 
                secondary or cumulative impact analysis that is 
                included in any environmental impact statement or 
                environmental assessment for a project located in the 
                geographical area that is the subject of the secondary 
                or cumulative impact analysis, if the secondary or 
                cumulative impact analysis provides information that is 
                applicable to the project.
            ``(2) State environmental documents.--
                    ``(A) Adoption.--
                            ``(i) In general.--On request by a project 
                        sponsor and subject to clause (ii), a lead 
                        agency may adopt as the environmental impact 
                        statement or environmental assessment for a 
                        project an environmental document prepared 
                        under State law, if the State law provides 
                        environmental protection and an opportunity for 
                        public involvement that is substantially 
                        similar to the environmental protection and 
                        opportunity for public involvement under this 
                        Act.
                            ``(ii) Supplemental documents.--
                                    ``(I) In general.--A lead agency 
                                shall prepare and publish a supplement 
                                to an environmental document referred 
                                to in clause (i) before adopting the 
                                State environmental document if the 
                                lead agency determines that--
                                            ``(aa) a significant change 
                                        has been made to the project 
                                        that is relevant for purposes 
                                        of the environmental review by 
                                        the lead agency; or
                                            ``(bb) there have been 
                                        significant changes in 
                                        circumstances or availability 
                                        of information relevant to that 
                                        environmental review.
                                    ``(II) Period of comment.--For any 
                                supplemental document prepared and 
                                published under subclause (I), the lead 
                                agency may solicit comments from 
                                agencies and the public for a period of 
                                not more than 45 days beginning on the 
                                date of the publication.
                    ``(B) Obligation of lead agency.--The adoption of 
                an environmental document by a lead agency under 
                subparagraph (A)(i) satisfies the obligation of the 
                lead agency to prepare an environmental impact 
                statement or environmental assessment under this Act.
                    ``(C) Record of decision.--With respect to a 
                project, the lead agency shall issue a record of 
                decision or finding of no significant impact, as 
                appropriate, based on--
                            ``(i) the environmental document adopted 
                        under subparagraph (A)(i); and
                            ``(ii) any supplemental document prepared 
                        under subparagraph (A)(ii).
            ``(3) Contemporaneous projects.--The lead agency may adopt 
        for a project an environmental impact statement or 
        environmental assessment that resulted from an environmental 
        review carried out for a similar project in geographical 
        proximity to the project, if the lead agency--
                    ``(A) determines that--
                            ``(i) there is a reasonable likelihood that 
                        the project will have a similar environmental 
                        impact as the similar project; and
                            ``(ii) during the 5-year period ending on 
                        the date on which the lead agency makes the 
                        determination, the similar project was subject 
                        to environmental review or similar State 
                        procedures; and
                    ``(B) adopts the environmental impact statement or 
                environmental assessment in accordance with paragraph 
                (2)(A).
    ``(c) Cooperating Agencies.--
            ``(1) In general.--The lead agency of a project shall--
                    ``(A) be responsible for designating or inviting, 
                as applicable, cooperating agencies (within the meaning 
                of section 1501.6 of title 40, Code of Federal 
                Regulations (as in effect on the date of enactment of 
                this section)) in accordance with this subsection; and
                    ``(B) provide to the head of each cooperating 
                agency a notice of the designation or invitation in 
                writing.
            ``(2) Federal cooperating agencies.--
                    ``(A) In general.--Except as provided in 
                subparagraph (C), any Federal agency that is required 
                to adopt the environmental impact statement or 
                environmental assessment of the lead agency for a 
                project shall--
                            ``(i) be designated as a cooperating 
                        agency; and
                            ``(ii) collaborate on the preparation of 
                        the environmental impact statement or 
                        environmental assessment.
                    ``(B) Notification.--The lead agency shall provide 
                to the head of a Federal agency described in 
                subparagraph (A) a written notice of designation under 
                paragraph (1) that specifies a date by which the head 
                of the Federal agency shall respond.
                    ``(C) Exception.--Notwithstanding subparagraph (A), 
                the head of a Federal agency may decline designation as 
                a cooperation agency if, not later than the date 
                specified by the lead agency under subparagraph (B), 
                the head of the Federal agency informs the lead agency 
                in writing that the Federal agency--
                            ``(i) has no jurisdiction or authority with 
                        respect to the project;
                            ``(ii) has no expertise or information 
                        relevant to the project; and
                            ``(iii) does not intend to submit comments 
                        on the project.
            ``(3) Other cooperating agencies.--
                    ``(A) In general.--The lead agency shall identify, 
                as early as practicable in the environmental review for 
                a project, any official or agency other than an agency 
                described in paragraph (2) that may have an interest in 
                the project, including--
                            ``(i) the Governor of an affected State; 
                        and
                            ``(ii) a local or tribal government.
                    ``(B) Invitation.--
                            ``(i) In general.--The lead agency shall 
                        provide a written invitation to any agency or 
                        official identified under subparagraph (A) to 
                        become a cooperating agency in the 
                        environmental review for the project.
                            ``(ii) Deadline required.--
                                    ``(I) In general.--The invitation 
                                described in clause (i) shall include a 
                                deadline, not to exceed 30 days after 
                                the date on which the invitation is 
                                received, by which the invited agency 
                                or official shall accept or decline the 
                                invitation.
                                    ``(II) Extension.--The lead agency 
                                may extend the deadline under subclause 
                                (I) only for good cause shown.
                    ``(C) Failure to respond.--An agency or official 
                that fails to respond to an invitation under 
                subparagraph (B)(i) before the deadline under 
                subparagraph (B)(ii) shall be considered to have 
                declined the invitation for designation.
                    ``(D) Designation.--The lead agency shall designate 
                as a cooperating agency any agency or official that 
                accepts an invitation under subparagraph (B).
            ``(4) Effect of declining cooperating agency invitation.--
        An agency or official that declines a designation or invitation 
        by the lead agency to be a cooperating agency for a project 
        shall be precluded from--
                    ``(A) submitting comments on any environmental 
                impact statement or environmental assessment prepared 
                for the project; and
                    ``(B) taking any action to oppose, based on the 
                environmental review, any permit, license, or approval 
                relating to the project.
            ``(5) Effect of designation.--Designation as a cooperating 
        agency under this subsection does not imply that the 
        cooperating agency--
                    ``(A) supports a proposed project; or
                    ``(B) has jurisdiction over, or special expertise 
                with respect to evaluation of, the project.
            ``(6) Concurrent reviews.--The head of each Federal agency 
        designated as a cooperating agency shall--
                    ``(A) carry out the obligations of the Federal 
                agency under other applicable law concurrently and in 
                conjunction with the environmental review required for 
                the applicable project under this Act; and
                    ``(B) in accordance with the rules promulgated by 
                the Council on Environmental Quality pursuant to 
                section 102(b)(1) of the Rebuild America Now Act, 
                develop and carry out such rules, policies, and 
                procedures as may be reasonably necessary to enable the 
                Federal agency to ensure completion of the 
                environmental review and environmental decisionmaking 
                process in a timely, coordinated, and environmentally 
                responsible manner.
            ``(7) Cooperating agency comments.--
                    ``(A) In general.--In providing comments on a 
                project, a cooperating agency--
                            ``(i) shall not provide comments on a 
                        subject matter that does not relate to the 
                        expertise and statutory authority of the 
                        cooperating agency, as expressly delegated by 
                        Congress; and
                            ``(ii) shall identify in the comments of 
                        the cooperating agency the legal authority of 
                        the cooperating agency relating to the subject 
                        matter of the comments.
                    ``(B) Lead agency.--A lead agency shall not carry 
                out any action in response to, or include in any 
                document prepared under this Act, any comment submitted 
                by a cooperating agency that relates to a subject 
                matter outside the expertise and authority of the 
                cooperating agency.
    ``(d) Initiation of Environmental Review.--Not later than 45 days 
after the date on which a lead agency receives an application for a 
project from a project sponsor, the lead agency shall initiate an 
environmental review of the project.
    ``(e) Alternatives Analysis.--
            ``(1) Participation of cooperating agencies.--As early as 
        practicable during the environmental review, but not later than 
        the period during which the preparation of an environmental 
        impact statement is required, the lead agency shall provide an 
        opportunity to the cooperating agencies to participate in 
        determining the range of alternatives to be considered for a 
        project.
            ``(2) Range of alternatives.--
                    ``(A) In general.--Subject to subparagraphs (B) and 
                (C), after completion of the participation of the 
                cooperating agencies described in paragraph (1), the 
                lead agency shall determine the range of alternatives 
                for consideration in the environmental impact statement 
                or environmental assessment for the project.
                    ``(B) No evaluation of certain alternatives.--The 
                head of a Federal agency shall not evaluate an 
                alternative that--
                            ``(i) was identified during the 
                        participation period described in paragraph 
                        (1); and
                            ``(ii)(I) was not accepted by the lead 
                        agency under subparagraph (A) for detailed 
                        evaluation in an environmental impact statement 
                        or environmental assessment; or
                            ``(II)(aa) was evaluated by the lead 
                        agency; and
                            ``(bb) was not selected for any 
                        environmental impact statement or environmental 
                        assessment for the project.
                    ``(C) Only feasible alternatives evaluated.--In the 
                case of a project that is constructed, managed, funded, 
                or carried out by a project sponsor that is not a 
                Federal agency, the head of a Federal agency shall only 
                evaluate an alternative that, consistent with the 
                purpose of, and the need for, the project--
                            ``(i) the project sponsor may feasibly 
                        carry out; and
                            ``(ii) is technically and economically 
                        feasible, as determined by the head of the 
                        Federal agency.
            ``(3) Methodologies.--
                    ``(A) In general.--With respect to an alternative 
                for a project, the lead agency shall, in collaboration 
                with cooperating agencies at an appropriate time during 
                the environmental review for the project, determine the 
                methodologies to be used in, and the level of detail 
                required for, the review.
                    ``(B) Description required.--The lead agency shall 
                include in the environmental impact statement or 
                environmental assessment for a project a description 
                of--
                            ``(i) the methodologies used in preparing 
                        the environmental impact statement or 
                        environmental assessment; and
                            ``(ii) the means by which the methodologies 
                        were selected.
                    ``(C) No evaluation of inappropriate 
                alternatives.--In preparing an environmental impact 
                statement or environmental assessment, a lead agency 
                may omit from the environmental document a detailed 
                evaluation of an alternative determined by the lead 
                agency not to meet the purpose of, and need for, the 
                project.
            ``(4) Employment analysis.--The evaluation of each 
        alternative in an environmental impact statement or 
        environmental assessment shall identify the potential effects 
        of the alternative on employment, including--
                    ``(A) potential short-term and long-term employment 
                increases and reductions; and
                    ``(B) shifts in employment.
    ``(f) Coordination Plan and Scheduling.--
            ``(1) In general.--To facilitate the expeditious resolution 
        of an environmental review, the lead agency shall establish and 
        implement a coordination plan for public and agency 
        participation in, and comment on, the environmental review for 
        a project or category of projects.
            ``(2) Schedule.--
                    ``(A) In general.--In developing the coordination 
                plan described in paragraph (1), the lead agency shall 
                consult with each cooperating agency and the project 
                sponsor to develop a schedule for the completion of the 
                environmental review that--
                            ``(i) considers factors such as--
                                    ``(I) the responsibilities of the 
                                cooperating agencies under applicable 
                                law;
                                    ``(II) the resources available to 
                                the cooperating agencies;
                                    ``(III) the overall size and 
                                complexity of the project;
                                    ``(IV) the overall schedule for and 
                                cost of the project;
                                    ``(V) the sensitivity of the 
                                natural and historical resources that 
                                may be affected by the project; and
                                    ``(VI) the extent to which similar 
                                projects in geographical proximity to 
                                the project were recently subject to 
                                environmental review or similar State 
                                procedures; and
                            ``(ii) includes the deadlines, consistent 
                        with subsection (g), for decisions under 
                        Federal law relating to the project, including 
                        decisions on the issuance or denial of a permit 
                        or license.
                    ``(B) Compliance with schedule.--
                            ``(i) In general.--Each cooperating agency 
                        shall comply with--
                                    ``(I) the deadlines established in 
                                the schedule under subparagraph (A); 
                                and
                                    ``(II) in the case of a 
                                modification to the schedule under 
                                paragraph (4), any modified deadline.
                            ``(ii) Effect of noncompliance.--The lead 
                        agency shall disregard, and shall not respond 
                        to or include in any environmental impact 
                        statement or environmental assessment, any 
                        comment or information submitted or any finding 
                        made by a cooperating agency that is not in 
                        accordance with the deadline established in the 
                        schedule under subparagraph (A) or a modified 
                        deadline under paragraph (4).
                            ``(iii) Failure to object.--If a 
                        cooperating agency fails to object in writing 
                        to a lead agency decision, finding, or request 
                        for concurrence in accordance with the deadline 
                        established under law or by the lead agency, 
                        the cooperating agency shall be considered to 
                        have concurred in the decision, finding, or 
                        request.
            ``(3) Consistency with other deadlines.--A schedule under 
        paragraph (2) shall be consistent with any other relevant 
        deadline under Federal law.
            ``(4) Modification of schedule.--With respect to a schedule 
        under paragraph (2), the lead agency may--
                    ``(A) extend the schedule for good cause; and
                    ``(B) shorten the schedule only with the 
                concurrence of each cooperating agency.
            ``(5) Dissemination.--With respect to a schedule under 
        paragraph (2), the lead agency shall--
                    ``(A) not later than 15 days after the date of 
                completion or modification of schedule, provide a copy 
                of the schedule and any modification to each 
                cooperating agency and the project sponsor; and
                    ``(B) make a copy of the schedule available to the 
                public.
            ``(6) Role and responsibility of lead agency.--With respect 
        to the environmental review for a project, the lead agency may 
        take such actions as are necessary, within the authority of the 
        lead agency, to facilitate the expeditious resolution of the 
        environmental review.
    ``(g) Deadlines.--
            ``(1) In general.--The deadlines described in this 
        subsection shall apply to any project subject to review under 
        this Act and any decision under Federal law relating to the 
        project, including the issuance or denial of a permit or 
        license or any required finding.
            ``(2) Environmental reviews.--
                    ``(A) Environmental impact statement projects.--The 
                lead agency shall--
                            ``(i) for a project that requires an 
                        environmental impact statement under Federal 
                        law (including regulations), issue the 
                        environmental impact statement by not later 
                        than 2 years after the earlier of--
                                    ``(I) the date on which the lead 
                                agency receives an application for the 
                                project from a project sponsor; and
                                    ``(II) the date on which a notice 
                                of intent to prepare an environmental 
                                impact statement is published in the 
                                Federal Register; and
                            ``(ii) for a project for which the lead 
                        agency prepared an environmental assessment, 
                        and determined pursuant to that environmental 
                        assessment that an environmental impact 
                        statement is required, issue the environmental 
                        impact statement by not later than 2 years 
                        after the date of publication of the notice of 
                        intent to prepare an environmental impact 
                        statement in the Federal Register.
                    ``(B) Environmental assessment projects.--For a 
                project that requires an environmental assessment, the 
                lead agency shall issue a finding of no significant 
                impact or publish a notice of intent to prepare an 
                environmental impact statement in the Federal Register 
                by not later than 1 year after the earliest of--
                            ``(i) the date on which the lead agency 
                        receives the project initiation request;
                            ``(ii) the date on which the lead agency 
                        makes a decision to prepare an environmental 
                        assessment; and
                            ``(iii) the date on which the lead agency 
                        sends out cooperating agency invitations.
                    ``(C) Extensions.--
                            ``(i) Requirements.--Subject to clause 
                        (ii), the lead agency may extend a deadline 
                        under subparagraph (A) or (B) only--
                                    ``(I) if the lead agency, project 
                                sponsor, and each cooperating agency 
                                agree on a different deadline; or
                                    ``(II) for good cause.
                            ``(ii) Limitation.--The lead agency shall 
                        not extend a deadline under subparagraph (A) or 
                        (B)--
                                    ``(I) in the case of a project that 
                                requires an environmental impact 
                                statement, by more than 1 year; and
                                    ``(II) in the case of a project 
                                that requires an environmental 
                                assessment, by more than 180 days.
            ``(3) Environmental review comments.--The lead agency shall 
        establish for each environmental impact statement and 
        environmental assessment a comment period of not more than 30 
        days after the date on which the environmental impact statement 
        or environmental assessment is made publicly available, 
        unless--
                    ``(A) the lead agency, project sponsor, and each 
                cooperating agency agree on a different deadline; or
                    ``(B) the lead agency extends the deadline for good 
                cause.
            ``(4) Decisions prior to record of decision or finding of 
        no significant impact.--Notwithstanding any other provision of 
        law, in the case of a project for which a Federal agency is 
        required to approve or otherwise to take an action relating to 
        a permit, license, or other similar application before the lead 
        agency may issue a record of decision or finding of no 
        significant impact, the head of the Federal agency shall 
        approve or take the applicable action by not later than the 
        earlier of--
                    ``(A) the end of the 90-day period beginning on the 
                date on which--
                            ``(i) all other relevant Federal agency 
                        reviews relating to the project are complete; 
                        and
                            ``(ii) the lead agency publishes a notice 
                        of the availability of the final environmental 
                        impact statement or issuance of other final 
                        environmental documents; and
                    ``(B) the date that is otherwise required by law.
            ``(5) Other decisions.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), with respect to any approval or other 
                action of a Federal agency relating to a project that 
                is not subject to paragraph (4), each Federal agency 
                shall make the approval or carry out the action by not 
                later than the end of the 180-day period beginning on 
                the date on which--
                            ``(i) all other relevant agency reviews 
                        relating to the project are complete; and
                            ``(ii) the lead agency issues a record of 
                        decision or finding of no significant impact.
                    ``(B) Extension.--
                            ``(i) In general.--Subject to clause (ii), 
                        the head of a Federal agency may extend the 
                        deadline referred to in subparagraph (A) for 
                        good cause, if the head of the Federal agency, 
                        the lead agency, and the project sponsor agree 
                        to extend the deadline.
                            ``(ii) Limitation.--The head of a Federal 
                        agency shall not extend a deadline under clause 
                        (i) for a period longer than 1 year after the 
                        date on which the lead agency issues the record 
                        of decision or finding of no significant 
                        impact.
            ``(6) Effect of noncompliance.--
                    ``(A) In general.--A permit, license, or other 
                similar application for approval relating to a project 
                that requires the approval or other action by a Federal 
                agency shall be considered to be approved by the 
                Federal agency if the head of the Federal agency fails 
                to approve or otherwise take an action relating to the 
                permit, license, or other similar application by the 
                deadline described in paragraph (4) or (5).
                    ``(B) Deadline for compliance.--The head of the 
                Federal agency shall act in accordance with the 
                approval under subparagraph (A) by not later than 30 
                days after the applicable deadline described in 
                paragraph (4) or (5).
                    ``(C) Final agency action.--
                            ``(i) In general.--An approval under 
                        subparagraph (A) shall be considered to be a 
                        final agency action, which may not be reversed 
                        by any agency.
                            ``(ii) Review.--In any action under chapter 
                        7 of title 5, United States Code, that seeks 
                        review of a final agency action under clause 
                        (i), a court may not set aside the action based 
                        on the action having been made final under that 
                        clause.
    ``(h) Issue Identification and Resolution.--
            ``(1) Cooperation.--The lead agency and the cooperating 
        agencies shall work in accordance with this subsection to 
        identify and resolve any issue that may delay the completion of 
        an environmental review or result in the denial of an approval 
        required for the project under applicable law.
            ``(2) Lead agency responsibilities.--As early as 
        practicable during the environmental review process, the lead 
        agency shall make available information (including information 
        based on existing data sources, including geographic 
        information systems) relating to the environmental, historic, 
        and socioeconomic resources located in the project area and the 
        general location of any alternative under consideration.
            ``(3) Cooperating agency responsibilities.--Based on 
        information received from the lead agency, a cooperating agency 
        shall identify, as early as practicable, any issue of concern 
        relating to the potential environmental, historical, or 
        socioeconomic impact of a project, including any issue that may 
        substantially delay or prevent an agency from granting a permit 
        or other approval required for the project.
            ``(4) Issue resolution.--
                    ``(A) Meeting of cooperating agencies.--To resolve 
                any issue that may delay the completion of an 
                environmental review or result in the denial of an 
                approval required for a project under applicable law, 
                the lead agency shall promptly convene a meeting with 
                the relevant cooperating agency and the project sponsor 
                on request by a project sponsor at any time.
                    ``(B) Notice that resolution cannot be achieved.--
                If a resolution to an issue identified under paragraph 
                (1) cannot be achieved by the date that is 30 days 
                after the date on which a meeting is convened under 
                subparagraph (A), and the lead agency determines that 
                all information necessary to resolve the issue has been 
                obtained, the lead agency shall--
                            ``(i) notify--
                                    ``(I) each cooperating agency;
                                    ``(II) the project sponsor; and
                                    ``(III) the Council on 
                                Environmental Quality established by 
                                section 202 for further proceedings in 
                                accordance with section 204; and
                            ``(ii) publish in the Federal Register a 
                        notice relating to the failure to achieve a 
                        resolution.
    ``(i) Merging Documents.--
            ``(1) In general.--Notwithstanding any other provision of 
        law, except as provided in paragraph (2), the lead agency of a 
        project shall expeditiously develop a single document that 
        consists of--
                    ``(A) a final environmental impact statement 
                relating to the project;
                    ``(B) each record of decision relating to the 
                project; and
                    ``(C) the final decision of the Secretary of the 
                Army with respect to the environmental review carried 
                out by the Secretary, acting through the Chief of 
                Engineers, relating to an application for a permit for 
                the project under section 404 of the Federal Water 
                Pollution Control Act (33 U.S.C. 1344).
            ``(2) Exceptions.--Paragraph (1) shall not apply in any 
        case in which--
                    ``(A) the final environmental impact statement 
                relating to the project makes a substantial change 
                relating to an environmental or safety concern to a 
                proposed action under the project; or
                    ``(B) there exists a significant new circumstance 
                or information relating to an environmental concern 
                that affects such a proposed action or the impacts of 
                the proposed action.
    ``(j) Limitations on Claims.--
            ``(1) Final agency actions.--
                    ``(A) In general.--The deadline for filing a claim 
                for judicial review of a final agency action is the 
                date that is 180 days after the date of publication of 
                a notice in the Federal Register announcing the record 
                of decision for the action.
                    ``(B) New information.--A claim challenging a final 
                agency action on the basis of information contained in 
                a supplemental environmental impact statement shall be 
                limited to a challenge on the basis of that 
                information.
            ``(2) Rule of construction.--Nothing in this subsection 
        creates a right to judicial review or places any limit on 
        filing a claim that a person has violated the terms of a 
        permit, license, or approval issued by a Federal agency for an 
        action subject to this Act.
    ``(k) Categories of Projects.--The authority granted under this 
title may be exercised for--
            ``(1) any single project; or
            ``(2) any category of 2 or more projects related by project 
        type, potential environmental impact, geographical location, or 
        other similar project feature or characteristic.
    ``(l) Effective Date.--
            ``(1) In general.--This title applies only to an 
        environmental review or environmental decisionmaking process 
        initiated after the date of enactment of this title.
            ``(2) Applicability of deadlines.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), in the case of a project for which an 
                environmental review or environmental decisionmaking 
                process is initiated before the date of enactment of 
                this title, subsection (g) shall apply.
                    ``(B) Exception.--Notwithstanding any other 
                provision of this section, in determining a deadline 
                under subsection (g), any applicable period of time 
                shall be calculated as beginning on the date of 
                enactment of this title.
    ``(m) Applicability.--Except as provided in subsection (n), this 
title applies to each project for which a Federal agency is required to 
carry out an environmental review or environmental decisionmaking 
process.
    ``(n) Savings Clause.--Nothing in this section supersedes, amends, 
or modifies--
            ``(1) section 134, 135, 139, 325, 326, or 327 of title 23, 
        United States Code;
            ``(2) section 5303 or 5304 of title 49, United States Code; 
        or
            ``(3) subtitle C of title I of division A of the Moving 
        Ahead for Progress in the 21st Century Act (Public Law 112-141; 
        126 Stat. 527) (or any amendment made by that subtitle).''.
    (b) Regulations.--
            (1) Council on environmental quality.--Not later than 180 
        days after the date of enactment of this Act, the Council on 
        Environmental Quality established by section 202 of the 
        National Environmental Policy Act of 1969 (42 U.S.C. 4342) 
        shall--
                    (A) amend the regulations contained in chapter V of 
                title 40, Code of Federal Regulations (or successor 
                regulations), to implement this section and the 
                amendments made by this section; and
                    (B) by rule, designate each State with laws and 
                procedures that satisfy the criteria under section 
                301(b)(2)(A) of the National Environmental Policy Act 
                of 1969 (as added by subsection (a)).
            (2) Federal agencies.--Not later than 120 days after the 
        date on which the Council on Environmental Quality amends the 
        regulations described in paragraph (1)(A), the head of each 
        Federal agency that has promulgated regulations implementing 
        the National Environmental Policy Act of 1969 (42 U.S.C. 4321 
        et seq.) shall amend the regulations to implement this section 
        and the amendments made by this section.
    (c) Limitations on Claims Under FAST Act.--Section 41007(a) of the 
FAST Act (42 U.S.C. 4370m-6(a)) is amended--
            (1) in paragraph (1)(A), by striking ``2 years'' and 
        inserting ``180 days''; and
            (2) in paragraph (2)(B), by striking ``2 years'' and 
        inserting ``180 days''.

SEC. 103. DESIGNATION OF CATEGORICAL EXCLUSIONS FOR EMERGENCY PROJECTS 
              AND STRUCTURALLY DEFICIENT INFRASTRUCTURE.

    (a) In General.--Not later than 180 days after the date of 
enactment of this Act, the Secretary of Transportation shall--
            (1) consult with the Administrator of the Federal Emergency 
        Management Agency and the Secretary of the Army to identify 
        communities that are imminently threatened from flooding or 
        erosion; and
            (2) designate as an action categorically excluded from the 
        requirements relating to environmental assessments or 
        environmental impact statements for purposes of section 
        771.117(c) of title 23, Code of Federal Regulations (or 
        successor regulations), and section 1508.4 of title 40, Code of 
        Federal Regulations (or successor regulations), any project--
                    (A) that is critical to the immediate safety of a 
                threatened community identified under paragraph (1); or
                    (B) for the maintenance, repair, reconstruction, 
                restoration, retrofitting, or replacement of an 
                existing road, highway, bridge, tunnel, or other 
                transit facility (such as a ferry dock or bus transfer 
                station), including ancillary transportation facilities 
                (such as pedestrian and bicycle paths and bike lanes), 
                if the project is to be completed in the same location, 
                and with the same preexisting design, as the existing 
                structure.
    (b) Regulations.--The Secretary of Transportation shall promulgate 
such regulations as are necessary to carry out subsection (a) by not 
later than 150 days after the date of enactment of this Act.

SEC. 104. CATEGORICAL EXCLUSION FOR PROJECTS OF LIMITED FEDERAL 
              ASSISTANCE.

    Section 1317(1) of the MAP-21 (23 U.S.C. 109 note; Public Law 112-
141) is amended--
            (1) in subparagraph (A), by striking ``$5,000,000'' and 
        inserting ``$10,000,000''; and
            (2) in subparagraph (B), by striking ``15 percent'' and 
        inserting ``16 percent''.

SEC. 105. SIMPLIFYING ENVIRONMENTAL DOCUMENTS.

    (a) Statement of Policy.--It is the policy of the United States 
that the purpose of requiring an environmental document relating to a 
project is only to ensure that the process of considering the effects 
of the project takes place before the occurrence of any significant 
Federal action to carry out the project.
    (b) Page Limits.--
            (1) In general.--To facilitate public transparency and 
        understanding of environmental documentation, an environmental 
        document--
                    (A) shall--
                            (i) be sufficient to provide a reasonable 
                        consideration of the potential environmental 
                        effects and alternatives of a proposed project; 
                        and
                            (ii) reflect a thorough examination of the 
                        potential impacts of the project; but
                    (B) shall not exceed 300 pages without substantial 
                justification.
            (2) Notice and comment requirements.--
                    (A) In general.--An agency may exceed the 300-page 
                limit under paragraph (1)(B) if the agency provides to 
                proponents of the applicable project a notice, and a 
                period of not less than 30 days for comment, regarding 
                the proposed exceedance.
                    (B) Eligibility to comment.--The opportunity to 
                comment under subparagraph (A) shall not be provided to 
                any individual or entity other than a proponent of the 
                applicable project.

SEC. 106. PERMITTEE BILL OF RIGHTS.

    Section 101 of the National Environmental Policy Act of 1969 (42 
U.S.C. 4331) is amended by adding at the end the following:
    ``(d) Permittee Bill of Rights.--
            ``(1) Statement of policy.--It is the policy of the United 
        States--
                    ``(A) to use natural resources in a responsible 
                manner to maximize value and utility, while protecting 
                public health and welfare; and
                    ``(B) that, therefore, in implementing a Federal 
                permitting law, a Federal agency should, to the maximum 
                extent practicable, seek to issue permit decisions 
                favorably.
            ``(2) Definition of federal permitting law.--In this 
        subsection:
                    ``(A) In general.--The term `Federal permitting 
                law' means any provision of Federal law pursuant to 
                which a Federal agency may issue a permit.
                    ``(B) Inclusions.--The term `Federal permitting 
                law' includes--
                            ``(i) the Toxic Substances Control Act (15 
                        U.S.C. 2601 et seq.);
                            ``(ii) the Endangered Species Act of 1973 
                        (16 U.S.C. 1531 et seq.);
                            ``(iii) the Surface Mining Control and 
                        Reclamation Act of 1977 (30 U.S.C. 1201 et 
                        seq.);
                            ``(iv) the Federal Water Pollution Control 
                        Act (33 U.S.C. 1251 et seq.);
                            ``(v) the Safe Drinking Water Act (42 
                        U.S.C. 300f et seq.);
                            ``(vi) the Atomic Energy Act of 1954 (42 
                        U.S.C. 2011 et seq.);
                            ``(vii) the Solid Waste Disposal Act (42 
                        U.S.C. 6901 et seq.);
                            ``(viii) the Clean Air Act (42 U.S.C. 7401 
                        et seq.); and
                            ``(ix) the Outer Continental Shelf Lands 
                        Act (43 U.S.C. 1331 et seq.).
            ``(3) Applicant and permittee rights.--In any communication 
        between a permittee or an applicant for a permit and a Federal 
        agency relating to a determination of the agency pursuant to a 
        Federal permitting law, the following shall apply:
                    ``(A) Any decision relating to the applicable 
                permit or application shall be issued--
                            ``(i) within the applicable deadline; or
                            ``(ii) at such other reasonable time as may 
                        be agreed to by the permittee or applicant and 
                        the Federal agency.
                    ``(B) Each permittee and permit applicant shall 
                have the right--
                            ``(i) to assistance and prompt response in 
                        seeking from the Federal agency information 
                        regarding the regulatory and permit process;
                            ``(ii) to request and receive--
                                    ``(I) a clear projected schedule of 
                                fees for the review and completion of 
                                the permit process; and
                                    ``(II) a clear, concise statement 
                                of the reasoning for a determination by 
                                the agency to reject a permit 
                                application;
                            ``(iii) to know the exact deficiencies in a 
                        rejected application; and
                            ``(iv) to a transparent and unbiased 
                        decision based on the submitted application and 
                        applicable Federal permitting law and 
                        regulatory requirements.''.

SEC. 107. POLICY REVIEW UNDER CLEAN AIR ACT.

    Section 309(a) of the Clean Air Act (42 U.S.C. 7609(a)) is amended 
by striking ``any (1) legislation proposed by any Federal department or 
agency, (2) newly authorized Federal projects for construction and any 
major Federal agency action (other than a project for construction) to 
which section 102(2)(C) of Public Law 91-190 applies, and (3) proposed 
regulations'' and inserting ``any legislation proposed by a Federal 
department or agency or proposed regulations''.

                     TITLE II--JUDICIAL PROVISIONS

SEC. 201. DEADLINE FOR FILING ENERGY-RELATED CAUSES OF ACTION.

    (a) Definitions.--In this section:
            (1) Agency action.--The term ``agency action'' has the 
        meaning given the term in section 551 of title 5, United States 
        Code.
            (2) Energy-related cause of action.--The term ``energy-
        related cause of action'' means a cause of action that--
                    (A) is filed on or after the date of enactment of 
                this Act; and
                    (B) seeks judicial review of a final agency action 
                to issue a permit, license, or other form of agency 
                permission allowing--
                            (i) an individual or entity to conduct on 
                        Indian land or public land activities involving 
                        the exploration, development, production, or 
                        transportation of oil, gas, coal, shale gas, 
                        oil shale, geothermal resources, wind or solar 
                        resources, underground coal gasification, 
                        biomass, or the generation of electricity; or
                            (ii) an Indian tribe, or any organization 
                        of 2 or more entities at least 1 of which is an 
                        Indian tribe, to conduct activities involving 
                        the exploration, development, production, or 
                        transportation of oil, gas, coal, shale gas, 
                        oil shale, geothermal resources, wind or solar 
                        resources, underground coal gasification, 
                        biomass, or the generation of electricity, 
                        regardless of the location at which those 
                        activities are carried out.
            (3) Indian land.--
                    (A) In general.--The term ``Indian land'' has the 
                meaning given the term in section 2601 of the Energy 
                Policy Act of 1992 (25 U.S.C. 3501).
                    (B) Inclusion.--The term ``Indian land'' includes 
                land owned by a Native Corporation under the Alaska 
                Native Claims Settlement Act (43 U.S.C. 1601 et seq.).
            (4) Public land.--The term ``public land'' has the meaning 
        given the term ``public lands'' in section 103 of the Federal 
        Land Policy and Management Act of 1976 (43 U.S.C. 1702).
    (b) Deadline for Filing.--
            (1) In general.--An energy-related cause of action shall be 
        filed by not later than 60 days after the date of publication 
        of the applicable final agency action.
            (2) Prohibition.--An energy-related cause of action that is 
        not filed within the time period described in paragraph (1) 
        shall be barred.
    (c) District Court Venue and Deadline.--An energy-related cause of 
action shall be--
            (1) brought in the United States District Court for the 
        District of Columbia Circuit; and
            (2) resolved--
                    (A) as expeditiously as practicable; and
                    (B) in any event, not later than the date that is 
                180 days after the date on which the energy-related 
                cause of action is filed.
    (d) Appellate Review.--
            (1) In general.--An interlocutory order or final judgment, 
        decree, or order of the district court in an energy-related 
        cause of action may be reviewed by the United States Court of 
        Appeals for the District of Columbia Circuit.
            (2) Requirement.--The United States Court of Appeals for 
        the District of Columbia shall resolve an appeal of an energy-
        related cause of action--
                    (A) as expeditiously as practicable; and
                    (B) in any event, not later than the date that is 
                180 days after the date on which the applicable 
                interlocutory order or final judgment, decree, or order 
                of the district court was issued.
    (e) Limitation on Certain Payments.--Notwithstanding section 1304 
of title 31, United States Code, no award may be made under section 504 
of title 5, United States Code, or section 2412 of title 28, United 
States Code, and no amounts may be obligated or expended from the 
Claims and Judgment Fund of the Treasury to pay any fees or other 
expenses under those sections, to any person or party in an energy-
related cause of action.
    (f) Legal Fees.--
            (1) Definition of ultimately prevail.--In this subsection:
                    (A) In general.--The term ``ultimately prevail'' 
                means a final, enforceable judgment by a court of 
                competent jurisdiction in favor of a party on at least 
                1 energy-related cause of action that is an underlying 
                rationale for the preliminary injunction, 
                administrative stay, or other relief requested by the 
                party.
                    (B) Exclusion.--The term ``ultimately prevail'' 
                does not include any situation in which the relevant 
                final agency action is modified or amended by the 
                issuing agency, unless the modification or amendment is 
                required pursuant to--
                            (i) a final, enforceable judgment of the 
                        court; or
                            (ii) a court-ordered consent decree.
            (2) Award.--
                    (A) In general.--In any energy-related cause of 
                action in which the plaintiff does not ultimately 
                prevail, the court shall award to the defendant 
                (including any intervenor-defendants), other than the 
                United States, fees and other expenses incurred by that 
                defendant in connection with the energy-related cause 
                of action, unless the court finds that--
                            (i) the position of the plaintiff was 
                        substantially justified, in accordance with 
                        subparagraph (B); or
                            (ii) special circumstances make such an 
                        award unjust.
                    (B) Substantially justified determination.--Whether 
                the position of the plaintiff was substantially 
                justified for purposes of subparagraph (A)(i) shall be 
                determined on the basis of the administrative record, 
                as a whole, relating to the energy-related cause of 
                action for which fees and other expenses are sought.

SEC. 202. LIMITING SUE AND SETTLE PRACTICES.

    (a) Definitions.--In this section:
            (1) Agency; agency action.--The terms ``agency'' and 
        ``agency action'' have the meanings given those terms under 
        section 551 of title 5, United States Code.
            (2) Covered civil action.--The term ``covered civil 
        action'' means a civil action--
                    (A) seeking to compel agency action;
                    (B) alleging that the agency is unlawfully 
                withholding or unreasonably delaying an agency action 
                relating to a regulatory action that would affect the 
                rights of--
                            (i) private persons other than the person 
                        bringing the action; or
                            (ii) a State, local, or tribal government; 
                        and
                    (C) brought under--
                            (i) chapter 7 of title 5, United States 
                        Code; or
                            (ii) any other statute authorizing such an 
                        action.
            (3) Covered consent decree.--The term ``covered consent 
        decree'' means--
                    (A) a consent decree entered into in a covered 
                civil action; and
                    (B) any other consent decree that requires agency 
                action relating to a regulatory action that affects the 
                rights of--
                            (i) private persons other than the person 
                        bringing the action; or
                            (ii) a State, local, or tribal government.
            (4) Covered consent decree or settlement agreement.--The 
        term ``covered consent decree or settlement agreement'' means a 
        covered consent decree and a covered settlement agreement.
            (5) Covered settlement agreement.--The term ``covered 
        settlement agreement'' means--
                    (A) a settlement agreement entered into in a 
                covered civil action; and
                    (B) any other settlement agreement that requires 
                agency action relating to a regulatory action that 
                affects the rights of--
                            (i) private persons other than the person 
                        bringing the action; or
                            (ii) a State, local, or tribal government.
    (b) Consent Decree and Settlement Reform.--
            (1) Pleadings and preliminary matters.--
                    (A) In general.--In any covered civil action, the 
                agency against which the covered civil action is 
                brought shall publish the notice of intent to sue and 
                the complaint in a readily accessible manner, including 
                by making the notice of intent to sue and the complaint 
                available in the Federal Register or online not later 
                than 15 days after receiving service of the notice of 
                intent to sue or complaint, respectively.
                    (B) Entry of a covered consent decree or settlement 
                agreement.--A party may not make a motion for entry of 
                a covered consent decree or to dismiss a civil action 
                pursuant to a covered settlement agreement until after 
                the end of proceedings in accordance with subparagraph 
                (A) and paragraph (2)(B)(i).
            (2) Publication of and comment on covered consent decrees 
        or settlement agreements.--
                    (A) In general.--Not later than 60 days before the 
                date on which a covered consent decree or settlement 
                agreement is filed with a court, the agency seeking to 
                enter the covered consent decree or settlement 
                agreement shall publish in the Federal Register and 
                online the proposed covered consent decree or 
                settlement agreement.
                    (B) Public comment.--
                            (i) In general.--An agency seeking to enter 
                        a covered consent decree or settlement 
                        agreement shall accept public comment during 
                        the period described in subparagraph (A) on any 
                        issue relating to the matters alleged in the 
                        complaint in the applicable civil action or 
                        addressed or affected by the proposed covered 
                        consent decree or settlement agreement.
                            (ii) Submissions to court.--When moving 
                        that the court enter a proposed covered consent 
                        decree or settlement agreement or for dismissal 
                        pursuant to a proposed covered consent decree 
                        or settlement agreement, an agency shall inform 
                        the court of the statutory basis for the 
                        proposed covered consent decree or settlement 
                        agreement and its terms.
            (3) Review by court.--
                    (A) In general.--A court shall review the statutory 
                basis for the proposed covered consent decree or 
                settlement agreement and its terms de novo.
                    (B) Review of deadlines.--
                            (i) Proposed covered consent decrees.--For 
                        a proposed covered consent decree, a court 
                        shall not approve the covered consent decree 
                        unless the proposed covered consent decree 
                        allows sufficient time and incorporates 
                        adequate procedures for the agency to comply 
                        with chapter 5 of title 5, United States Code, 
                        and other applicable statutes that govern 
                        rulemaking and, unless contrary to the public 
                        interest, the provisions of any Executive order 
                        that governs rulemaking.
                            (ii) Proposed covered settlement 
                        agreements.--For a proposed covered settlement 
                        agreement, a court shall ensure that the 
                        covered settlement agreement allows sufficient 
                        time and incorporates adequate procedures for 
                        the agency to comply with chapter 5 of title 5, 
                        United States Code, and other applicable 
                        statutes that govern rulemaking and, unless 
                        contrary to the public interest, the provisions 
                        of any Executive order that governs rulemaking.

         TITLE III--NATURAL GAS PIPELINE PERMITTING EFFICIENCY

SEC. 301. REGULATORY APPROVAL OF NATURAL GAS PIPELINE PROJECTS.

    Section 7 of the Natural Gas Act (15 U.S.C. 717f) is amended--
            (1) in subsection (d)--
                    (A) by striking ``(d) Application for 
                certificates'' and inserting the following:
    ``(d) Application Requirements.--
            ``(1) In general.--An application for a certificate of 
        public convenience and necessity under this section''; and
                    (B) by adding at the end the following:
            ``(2) Use of aerial survey data to satisfy preliminary 
        requirements.--A natural-gas company that submits to the 
        Commission an application for a certificate of public 
        convenience and necessity under this section to construct an 
        interstate natural gas pipeline--
                    ``(A) with respect to any preliminary requirement 
                for that certification, may use aerial survey data to 
                satisfy the preliminary requirement; but
                    ``(B) with respect to each applicable 
                nonpreliminary survey requirement for approval of the 
                certification, shall achieve compliance with the 
                requirement through such other means as the Commission 
                may require.''; and
            (2) by adding at the end the following:
    ``(i) Regulatory Approval of Natural Gas Pipeline Projects.--
            ``(1) Definition of prefiled project.--In this subsection, 
        the term `prefiled project' means a project for the siting, 
        construction, expansion, or operation of a natural gas pipeline 
        with respect to which a prefiling docket number has been 
        assigned by the Commission pursuant to a prefiling process 
        established by the Commission for the purpose of facilitating 
        the formal application process for obtaining a certificate of 
        public convenience and necessity.
            ``(2) Determination on applications.--The Commission shall 
        approve or deny an application for a certificate of public 
        convenience and necessity for a prefiled project by not later 
        than 1 year after the date of receipt of a completed 
        application that is ready to be processed, as determined by the 
        Commission by regulation.
            ``(3) Other federal agencies.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), the head of the Federal department or 
                agency responsible for issuing any license, permit, or 
                other approval required under Federal law in connection 
                with a prefiled project for which a certificate of 
                public convenience and necessity is sought under this 
                Act shall approve or deny the license, permit, or other 
                approval by not later than 90 days after the date on 
                which the Commission issues a final environmental 
                document relating to the project.
                    ``(B) Extension.--
                            ``(i) In general.--The Commission may 
                        extend an applicable deadline under 
                        subparagraph (A) by not longer than an 
                        additional 30 days, if the head of the affected 
                        Federal department or agency demonstrates 
                        that--
                                    ``(I) the process of determining 
                                whether to approve or deny the 
                                applicable license, permit, or other 
                                approval cannot be completed by the 
                                applicable deadline; and
                                    ``(II) the department or agency 
                                therefore will be compelled to deny the 
                                license, permit, or approval.
                            ``(ii) Technical assistance.--In providing 
                        an extension under this subparagraph, the 
                        Commission may offer to the affected Federal 
                        department or agency such technical assistance 
                        as is necessary to address any condition 
                        preventing the completion of the review of the 
                        application for the license, permit, or other 
                        approval.
                    ``(C) Failure to act.--If a Federal department or 
                agency described in subparagraph (A) fails to approve 
                or deny a license, permit, or other approval by the 
                deadline under subparagraph (A) or (B), as applicable--
                            ``(i) the license, permit, or approval 
                        shall take effect on the date that is 30 days 
                        after the expiration of the deadline; and
                            ``(ii) the Commission shall incorporate 
                        into the terms of the license, permit, or 
                        approval any conditions proffered by the 
                        Federal department or agency that the 
                        Commission does not determine to be 
                        inconsistent with any relevant environmental 
                        document.''.

SEC. 302. RIGHTS-OF-WAY FOR PUBLIC UTILITIES.

    Section 100902(a)(1)(A) of title 54, United States Code, is amended 
by striking ``and lines for the generation and distribution of 
electrical power'' and inserting ``lines for the generation and 
distribution of electrical power, and natural gas or petroleum product 
pipelines''.

               TITLE IV--TRANSPORTATION CONFORMITY REFORM

SEC. 401. LIMITATIONS ON CERTAIN FEDERAL ASSISTANCE UNDER CLEAN AIR 
              ACT.

    Section 176 of the Clean Air Act (42 U.S.C. 7506) is amended--
            (1) in subsection (c)(1)--
                    (A) by striking the undesignated matter following 
                clause (iii) of subparagraph (B); and
                    (B) in the fourth sentence, by striking 
                ``Conformity to an implementation plan means--'' and 
                inserting the following:
    ``(a) Definition of Conform.--
            ``(1) In general.--In this section, the term `conform', 
        with respect to the status of an activity, project, program, or 
        plan as determined under an applicable implementation plan, 
        means that the activity, project, program, or plan--'';
            (2) in subsection (a) (as so redesignated)--
                    (A) in paragraph (1) (as so redesignated)--
                            (i) by striking ``(A) conformity to'' and 
                        inserting the following:
                    ``(A) achieves compliance with''; and
                            (ii) by striking ``(B) that such activities 
                        will'' and inserting the following:
                    ``(B) will'';
                    (B) by moving the subsection (as so amended) to 
                appear at the beginning of the section; and
                    (C) by adding at the end the following:
            ``(2) Determination estimates.--For purposes of paragraph 
        (1), a determination regarding the conformity of an activity, 
        project, program, or plan shall be based on the most recent 
        estimates of the emissions of the activity, project, program, 
        or plan, which shall be determined based on the most recent 
        applicable population, employment, travel, and congestion 
        estimates (as determined by the metropolitan planning 
        organization or other agency authorized to make those 
        estimates).'';
            (3) by redesignating subsections (c) and (d) as subsections 
        (b) and (c), respectively;
            (4) in subsection (b) (as so redesignated)--
                    (A) by striking the subsection designation and all 
                that follows through ``No department'' in the first 
                sentence and inserting the following:
    ``(b) Requirement of Conformity for Federal Assistance.--
            ``(1) Limitations.--
                    ``(A) Federal agencies.--No department'';
                    (B) in paragraph (1)(A) (as so redesignated)--
                            (i) in the first sentence, by striking ``it 
                        has'' and inserting ``the implementation plan 
                        has'';
                            (ii) in the third sentence, by striking 
                        ``The assurance of conformity to such an 
                        implementation plan'' and inserting the 
                        following:
                    ``(C) Responsibility for assurance.--The assurance 
                of conformity to an implementation plan approved or 
                promulgated under section 110''; and
                            (iii) in the second sentence, by striking 
                        ``No metropolitan'' and inserting the 
                        following:
                    ``(B) Metropolitan planning organizations.--No 
                metropolitan'';
                    (C) in paragraph (2)--
                            (i) in subparagraph (A), by striking ``of 
                        paragraph (1)(B)'' and inserting ``described in 
                        subsection (a)(1)(B)'';
                            (ii) in subparagraph (C)--
                                    (I) in clause (i), by striking 
                                ``(i) such a project'' and inserting 
                                the following:
                                    ``(II)(aa) the project'';
                                    (II) in clause (ii), by striking 
                                ``(ii) the design'' and inserting the 
                                following:
                                    ``(bb) the design'';
                                    (III) in clause (iii), by striking 
                                ``(iii) the design'' and inserting the 
                                following:
                                    ``(cc) the design''; and
                                    (IV) in the matter preceding clause 
                                (i), by striking ``only if it meets 
                                either the requirements of subparagraph 
                                (D) or the following requirements'' and 
                                inserting the following: ``only if--
                                    ``(I) the transportation project 
                                achieves compliance with all applicable 
                                requirements of clause (iv); or'';
                            (iii) in subparagraph (D), by striking 
                        ``subparagraph (C)'' and inserting ``clause 
                        (iii)'';
                            (iv) in subparagraph (E)--
                                    (I) in clause (ii), by striking 
                                ``clause (i)'' and inserting 
                                ``subclause (I)''; and
                                    (II) by redesignating clauses (i) 
                                through (iii) as subclauses (I) through 
                                (III), respectively, and indenting the 
                                subclauses appropriately;
                            (v) by redesignating subparagraphs (A) 
                        through (E) as clauses (i) through (v), 
                        respectively, and indenting the clauses 
                        appropriately; and
                            (vi) in the matter preceding clause (i) (as 
                        so redesignated)--
                                    (I) in the third sentence, by 
                                striking ``In particular--'' and 
                                inserting the following:
                    ``(C) Additional requirements.--The additional 
                requirements referred to in subparagraph (B)(i)(II) are 
                that--'';
                                    (II) in the second sentence--
                                            (aa) by striking ``been 
                                        found to conform to any 
                                        applicable implementation plan 
                                        in effect under this Act.'' and 
                                        inserting the following: ``been 
                                        determined--
                                    ``(I) to conform to an applicable 
                                implementation plan in effect under 
                                this Act (as determined in accordance 
                                with paragraph (4)(B)); and
                                    ``(II) to achieve compliance with 
                                all applicable additional requirements 
                                described in subparagraph (C).''; and
                                            (bb) by striking ``No 
                                        Federal'' and inserting the 
                                        following:
                    ``(B) Conformity required.--
                            ``(i) In general.--Subject to clause (ii), 
                        no Federal'';
                                    (III) in the first sentence, by 
                                striking ``(2) Any'' and inserting the 
                                following:
            ``(2) Transportation conformity.--
                    ``(A) In general.--Each''; and
                                    (IV) in subparagraph (B) (as 
                                designated by subclause (II)(bb)), by 
                                adding at the end the following:
                            ``(ii) Applicability.--The requirement 
                        described in clause (i) shall not apply--
                                    ``(I) to a transportation plan, 
                                program, or project carried out in an 
                                area designated under this Act as a 
                                marginal nonattainment or attainment-
                                maintenance area; and
                                    ``(II) in an area that is not an 
                                area described in subclause (I), until 
                                the date that is 180 days after the 
                                date on which the Administrator 
                                approves the motor vehicle emissions 
                                budget contained in the State 
                                implementation plan applicable to the 
                                relevant transportation plan, program, 
                                or project.'';
                    (D) in paragraph (3)--
                            (i) in subparagraph (A)--
                                    (I) in clause (i), by adding 
                                ``and'' after the semicolon at the end; 
                                and
                                    (II) by striking clause (iii); and
                            (ii) in subparagraph (B)--
                                    (I) in clause (i), by striking 
                                ``enactment; and'' and all that follows 
                                through the end of the undesignated 
                                matter following clause (ii) and 
                                inserting ``enactment.''; and
                                    (II) in the matter preceding clause 
                                (i), by striking ``projects--'' and all 
                                that follows through ``come from'' in 
                                clause (i) and inserting ``projects are 
                                carried out under'';
                    (E) in paragraph (4)--
                            (i) in subparagraph (B)--
                                    (I) by striking ``The 
                                Administrator'' and inserting the 
                                following:
                            ``(i) In general.--Subject to clause (ii), 
                        the Administrator''; and
                                    (II) by adding at the end the 
                                following:
                            ``(ii) Requirements.--The criteria and 
                        procedures promulgated pursuant to clause (i) 
                        shall--
                                    ``(I) be based on the most recently 
                                issued national ambient air quality 
                                standard for each applicable criteria 
                                pollutant; and
                                    ``(II) establish that conformity in 
                                the case of transportation plans, 
                                programs, and projects shall not be 
                                required--
                                            ``(aa) in any area 
                                        designated under this Act as a 
                                        marginal nonattainment or 
                                        attainment-maintenance area; 
                                        and
                                            ``(bb) with respect to any 
                                        area that is not an area 
                                        described in item (aa), until 
                                        the date that is 180 days after 
                                        the date on which the 
                                        Administrator approves the 
                                        motor vehicle emissions budget 
                                        contained in the State 
                                        implementation plan applicable 
                                        to the relevant transportation 
                                        plan, program, or project.'';
                            (ii) in subparagraph (D)--
                                    (I) in clause (ii)--
                                            (aa) in subclause (II), by 
                                        striking ``paragraph (2)(E)'' 
                                        and inserting ``paragraph 
                                        (2)(C)(v)''; and
                                            (bb) by indenting 
                                        subclauses (I) and (II) 
                                        appropriately;
                                    (II) by indenting clauses (i) 
                                through (iii) appropriately; and
                                    (III) by striking ``(D) The'' and 
                                inserting the following:
                    ``(D) Minimum requirements.--The''; and
                            (iii) in subparagraph (F), by striking 
                        ``(F) Compliance'' and inserting the following:
                    ``(F) Traffic signal synchronization projects.--
                Compliance'';
                    (F) by striking paragraphs (5) and (6);
                    (G) by redesignating paragraphs (7) through (9) as 
                paragraphs (5) through (7), respectively;
                    (H) in subparagraph (A) of paragraph (5) (as so 
                redesignated), by striking ``Each'' and inserting 
                ``Subject to paragraph (2)(B)(ii)(II), each'';
                    (I) in paragraph (7) (as so redesignated), by 
                striking ``If'' and inserting the following:
                    ``(A) Definition of lapse.--In this paragraph, the 
                term `lapse', with respect to a conformity 
                determination for a transportation plan or 
                transportation improvement program, means that--
                            ``(i) the conformity determination has 
                        expired; and
                            ``(ii) as a result of that expiration, no 
                        currently conforming transportation plan or 
                        transportation improvement program exists.
                    ``(B) Lapses.--If''; and
                    (J) by striking paragraph (10); and
            (5) in subsection (c) (as redesignated by paragraph (3))--
                    (A) in the second sentence, by striking ``This 
                paragraph extends to, but is not limited to,'' and 
                inserting the following:
            ``(2) Applicability.--The authority described in paragraph 
        (1) includes any''; and
                    (B) by striking the subsection designation and all 
                that follows through ``Federal Government'' and 
                inserting the following:
    ``(c) Priority.--
            ``(1) Requirement.--Each Federal department, agency, and 
        instrumentality''.

SEC. 402. STUDY ON TRANSPORTATION AIR QUALITY CONFORMITY UNDER CLEAN 
              AIR ACT.

    The Administrators of the Environmental Protection Agency, the 
Federal Highway Administration, and the Federal Transit Administration 
shall jointly enter into an arrangement with the National Academy of 
Sciences under which the Academy shall--
            (1) conduct a study relating to transportation air quality 
        conformity to evaluate the effectiveness of the conformity 
        requirements under section 176 of the Clean Air Act (42 U.S.C. 
        7506) (as amended by section 401); and
            (2) provide to the Administrators recommendations for 
        transportation conformity policy, including suggested 
        legislative and regulatory changes relating to transportation 
        planning and air quality.

  TITLE V--INCREASING STATE AUTHORITY AND COLLABORATION IN REVIEWING 
                        TRANSPORTATION PROJECTS

SEC. 501. FEDERAL-STATE PROJECT AGREEMENTS.

    Section 106(b) of title 23, United States Code, is amended by 
adding at the end the following:
            ``(3) No federal approval for certain activities.--
                    ``(A) In general.--Notwithstanding any other 
                provision of law (including regulations), no approval 
                of the Secretary shall be required under this section 
                for any project described in subparagraph (B), subject 
                to the condition that the project shall be carried out 
                in accordance with all other applicable requirements 
                under this title and title 49.
                    ``(B) Description of projects.--A project referred 
                to in subparagraph (A) is any project--
                            ``(i) carried out under--
                                    ``(I) a stewardship and oversight 
                                agreement; or
                                    ``(II) any other agreement under 
                                this section; and
                            ``(ii) relating to--
                                    ``(I) the standard specifications 
                                of the applicable State transportation 
                                department;
                                    ``(II) the pavement design policy 
                                of the State transportation department;
                                    ``(III) any value engineering 
                                policies or procedures of the State 
                                transportation department;
                                    ``(IV) liquidated damage rates;
                                    ``(V) a quality assurance program 
                                of the State transportation department; 
                                or
                                    ``(VI) such other matter as the 
                                Secretary, in consultation with State 
                                transportation departments, determines 
                                to be appropriate.''.

SEC. 502. PROJECT APPROVAL AND OVERSIGHT FOR HIGH RISK PROJECTS.

    Section 106(c)(4) of title 23, United States Code, is amended--
            (1) in subparagraph (A)--
                    (A) by striking ``shall not assign any 
                responsibilities to a State for projects'' and 
                inserting ``may assign to a State responsibility for a 
                project in the State that''; and
                    (B) by inserting ``, subject to the requirement 
                that the project shall be carried out in accordance 
                with all applicable requirements of an agreement 
                between the Secretary and the State under this 
                section'' before the period at the end; and
            (2) in subparagraph (B), by striking ``The Secretary may 
        define the high risk categories under this subparagraph on'' 
        and inserting the following: ``For purposes of subparagraph 
        (A), the Secretary--
                    ``(A) shall establish high risk categories in 
                collaboration with State transportation departments; 
                and
                    ``(B) may define the categories on''.

SEC. 503. ADVANCE ACQUISITION OF REAL PROPERTY.

    Section 108 of title 23, United States Code, is amended--
            (1) in subsection (a)(1), by striking ``may make'' and 
        inserting ``shall make'';
            (2) in subsection (b), by striking ``(b) Federal'' and 
        inserting the following:
    ``(b) Maximum Participation.--Federal'';
            (3) in subsection (c)(3)--
                    (A) in the matter preceding subparagraph (A), by 
                striking ``State demonstrates to the Secretary and the 
                Secretary finds'' and inserting ``State ensures'';
                    (B) in subparagraph (F)--
                            (i) by inserting ``of 1969 (42 U.S.C. 4321 
                        et seq.)'' after ``Policy Act'';
                            (ii) by striking ``this Act'' and inserting 
                        ``the Intermodal Surface Transportation 
                        Efficiency Act of 1991 (Public Law 102-240; 105 
                        Stat. 1914)''; and
                            (iii) by inserting ``of 1973 (16 U.S.C. 
                        1531 et seq.)'' after ``Species Act''; and
                    (C) in subparagraph (G), by striking ``the 
                Secretary'' and inserting ``the State''; and
            (4) in subsection (d)--
                    (A) in paragraph (2)--
                            (i) by striking ``a State'' each place it 
                        appears and inserting ``the State''; and
                            (ii) by striking ``The Secretary may'' and 
                        inserting ``On receipt of a request from a 
                        State, the Secretary shall'';
                    (B) in paragraph (3), in the matter preceding 
                subparagraph (A), by striking ``, with concurrence by 
                the Secretary,''; and
                    (C) in paragraph (7)--
                            (i) by striking ``If'' and inserting the 
                        following:
                    ``(A) In general.--Subject to subparagraph (B), 
                if''; and
                            (ii) by adding at the end the following:
                    ``(B) Extension.--On receipt of a request from a 
                State, the Secretary shall delay the effective date of 
                the offset against the apportionment of the State 
                described in subparagraph (A) for such period as the 
                Secretary determines to be appropriate, in accordance 
                with applicable law (including regulations).''.

SEC. 504. AGREEMENTS RELATING TO USE OF, AND ACCESS TO, RIGHTS-OF-WAY 
              ON INTERSTATE SYSTEM.

    Section 111 of title 23, United States Code, is amended--
            (1) in subsection (a)--
                    (A) in the fourth sentence--
                            (i) by striking ``Nothing'' and inserting 
                        the following:
            ``(4) Effect of section.--Nothing'';
                            (ii) by striking ``Interstate System (1) if 
                        such establishment (A) was'' and inserting the 
                        following: ``Interstate System, if--
                    ``(A) the establishment--
                            ``(i) was'';
                            (iii) by striking ``1960, (B) is owned by a 
                        State, and (C) is'' and inserting the 
                        following: ``1960;
                            ``(ii) is owned by a State; and
                            ``(iii) is''; and
                            (iv) by striking ``otherwise, and (2) if 
                        all'' and inserting the following: ``otherwise; 
                        and
                    ``(B) all'';
                    (B) in the third sentence, by striking ``Such 
                agreements may, however,'' and inserting the following:
            ``(3) Use of airspace.--An agreement described in paragraph 
        (1)(A) may'';
                    (C) in the second sentence, by striking ``Such 
                agreements shall also contain a clause providing'' and 
                inserting the following:
            ``(2) Automotive service stations.--An agreement described 
        in paragraph (1)(A) shall include a requirement'';
                    (D) by striking the subsection designation and 
                heading and all that follows through ``All agreements 
                between the Secretary and the'' in the first sentence 
                and inserting the following:
    ``(a) Requirements for Agreements.--
            ``(1) Points of access and exit.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), each agreement between the Secretary 
                and a''; and
                    (E) in paragraph (1) (as so redesignated), by 
                adding at the end the following:
                    ``(B) Transfer of authority to states.--On receipt 
                of a request from a State transportation department, 
                the Secretary shall transfer to the State 
                transportation department the sole authority to approve 
                the addition of a point of access to, or exit from, an 
                applicable project on the Interstate System on approval 
                by the State transportation department of a 
                justification report under subsection (e).''; and
            (2) in subsection (e), by striking ``Secretary may permit a 
        State transportation department to approve the report'' and 
        inserting ``Secretary, on receipt of a request from an affected 
        State transportation department, shall transfer to the State 
        transportation department in accordance with subsection 
        (a)(1)(B) the sole authority to approve the addition of the 
        applicable point of access to, or exit from, a relevant project 
        on the Interstate System on approval by the State 
        transportation department of the report''.
                                 <all>