[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''.
______