[Congressional Record Volume 167, Number 138 (Tuesday, August 3, 2021)]
[Senate]
[Pages S5727-S5734]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 2304. Mr. SULLIVAN submitted an amendment intended to be proposed 
to amendment SA 2137 proposed by Mr. Schumer (for Ms. Sinema (for 
herself, Mr. Portman, Mr. Manchin, Mr. Cassidy, Mrs. Shaheen, Ms. 
Collins, Mr. Tester, Ms. Murkowski, Mr. Warner, and Mr. Romney)) to the 
bill H.R. 3684, to authorize funds for Federal-aid highways, highway 
safety programs, and transit programs, and for other purposes; which 
was ordered to lie on the table; as follows:

        At the end of division G, add the following:

                     TITLE XII--REBUILD AMERICA NOW

     SEC. 71201. SHORT TITLE.

       This title may be cited as the ``Rebuild America Now Act''.

       Subtitle A--Environmental and Project Review Modernization

     SEC. 71211. 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. 71212. 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.--

[[Page S5728]]

       ``(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 
     71212(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.

[[Page S5729]]

       ``(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

[[Page S5730]]

     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. 71213. 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 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 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. 71214. 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. 71215. 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. 71216. 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

[[Page S5731]]

     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. 71217. 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''.

                    Subtitle B--Judicial Provisions

     SEC. 71221. 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. 71222. 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

[[Page S5732]]

     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.

         Subtitle C--Natural Gas Pipeline Permitting Efficiency

     SEC. 71231. 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. 71232. 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''.

              Subtitle D--Transportation Conformity Reform

     SEC. 71241. 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:

[[Page S5733]]

       ``(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. 71242. 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 71241); and
       (2) provide to the Administrators recommendations for 
     transportation conformity policy, including suggested 
     legislative and regulatory changes relating to transportation 
     planning and air quality.

 Subtitle E--Increasing State Authority and Collaboration in Reviewing 
                        Transportation Projects

     SEC. 71251. 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. 71252. 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. 71253. 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'';

[[Page S5734]]

       (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. 71254. 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''.
                                 ______