[House Report 112-446]
[From the U.S. Government Publishing Office]


112th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     112-446

======================================================================

 
   PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 4348) TO PROVIDE AN 
EXTENSION OF FEDERAL-AID HIGHWAY, HIGHWAY SAFETY, MOTOR CARRIER SAFETY, 
   TRANSIT, AND OTHER PROGRAMS FUNDED OUT OF THE HIGHWAY TRUST FUND 
 PENDING ENACTMENT OF A MULTIYEAR LAW REAUTHORIZING SUCH PROGRAMS, AND 
                           FOR OTHER PURPOSES

                                _______
                                

   April 17, 2012.--Referred to the House Calendar and ordered to be 
                                printed

                                _______
                                

                Ms. Foxx, from the Committee on Rules, 
                        submitted the following

                              R E P O R T

                       [To accompany H. Res. 619]

    The Committee on Rules, having had under consideration 
House Resolution 619, by a record vote of 7 to 3, report the 
same to the House with the recommendation that the resolution 
be adopted.

                summary of provisions of the resolution

    The resolution provides for consideration of H.R. 4348, the 
Surface Transportation Extension Act of 2012, Part II, under a 
structured rule. The resolution provides one hour of general 
debate equally divided and controlled by the chair and ranking 
minority member of the Committee on Transportation and 
Infrastructure. The resolution waives all points of order 
against consideration of the bill. The resolution provides that 
the bill shall be considered as read. The resolution waives all 
points of order against provisions in the bill. The resolution 
makes in order only those amendments printed in this report. 
Each such amendment may be offered only in the order printed in 
this report, may be offered only by a Member designated in this 
report, shall be considered as read, shall be debatable for the 
time specified in this report equally divided and controlled by 
the proponent and an opponent, shall not be subject to 
amendment, and shall not be subject to a demand for division of 
the question in the House or in the Committee of the Whole. The 
resolution waives all points of order against the amendments 
printed in this report. Finally, the resolution provides one 
motion to recommit with or without instructions.

                         explanation of waivers

    Although the resolution waives all points of order against 
consideration of the bill, the Committee is not aware of any 
points of order. The waiver is prophylactic in nature.
    Although the resolution waives all points of order against 
provisions in the bill, the Committee is not aware of any 
points of order. The waiver is prophylactic in nature.
    Although the resolution waives all points of order against 
the amendments printed in this report, the Committee is not 
aware of any points of order. The waiver is prophylactic in 
nature.

                            committee votes

    The results of each record vote on an amendment or motion 
to report, together with the names of those voting for and 
against, are printed below:

Rules Committee record vote No. 211

    Motion by Mr. McGovern to make in order and provide the 
appropriate waivers for amendment #3, offered by Rep. McGovern 
(MA), which would reduce the federal deficit by $40 billion by 
eliminating subsidies to oil companies. Defeated: 3-7.


----------------------------------------------------------------------------------------------------------------
                Majority Members                      Vote               Minority Members               Vote
----------------------------------------------------------------------------------------------------------------
Mr. Sessions....................................          Nay   Mr. McGovern......................          Yea
Ms. Foxx........................................          Nay   Mr. Hastings of Florida...........          Yea
Mr. Woodall.....................................          Nay   Mr. Polis.........................          Yea
Mr. Nugent......................................          Nay
Mr. Scott of South Carolina.....................          Nay
Mr. Webster.....................................          Nay
Mr. Dreier, Chairman............................          Nay
----------------------------------------------------------------------------------------------------------------

Rules Committee record vote No. 212

    Motion by Mr. Hastings of Florida to make in order and 
provide the appropriate waivers for amendment #1, offered by 
Rep. Rahall II (WV), Rep. Bishop (NY), Rep. Brown (FL) and Rep. 
DeFazio (OR), which would provide a total of $109 billion in 
funding for FY 2012 and FY 2013 for reformed and restructured 
Federal highway, highway safety, and public transportation 
programs. Would fully pay for the highway, transit, and highway 
safety programs authorized by the bill in FY 2012 and 2013, and 
allows the USDOT to maintain a positive balance in both the 
highway and transit accounts of the Trust Fund at the end of 
the bill. Defeated: 3-7.


----------------------------------------------------------------------------------------------------------------
                Majority Members                      Vote               Minority Members               Vote
----------------------------------------------------------------------------------------------------------------
Mr. Sessions....................................          Nay   Mr. McGovern......................          Yea
Ms. Foxx........................................          Nay   Mr. Hastings of Florida...........          Yea
Mr. Woodall.....................................          Nay   Mr. Polis.........................          Yea
Mr. Nugent......................................          Nay
Mr. Scott of South Carolina.....................          Nay
Mr. Webster.....................................          Nay
Mr. Dreier, Chairman............................          Nay
----------------------------------------------------------------------------------------------------------------

Rules Committee record vote No. 213

    Motion by Ms. Foxx to report the rule. Adopted: 7-3.


----------------------------------------------------------------------------------------------------------------
                Majority Members                      Vote               Minority Members               Vote
----------------------------------------------------------------------------------------------------------------
Mr. Sessions....................................          Yea   Mr. McGovern......................          Nay
Ms. Foxx........................................          Yea   Mr. Hastings of Florida...........          Nay
Mr. Woodall.....................................          Yea   Mr. Polis.........................          Nay
Mr. Nugent......................................          Yea
Mr. Scott of South Carolina.....................          Yea
Mr. Webster.....................................          Yea
Mr. Dreier, Chairman............................          Yea
----------------------------------------------------------------------------------------------------------------

                summary of the amendments made in order

    1. Boustany (LA): Would include a guarantee that requires 
that the total amount available for spending from the Harbor 
Maintenance Trust Fund (HMTF) each fiscal year be equal to the 
Trust Fund receipts as estimated by the President's budget for 
that year. (10 minutes)
    2. Ribble (WI): Would add to the bill the environmental 
streamlining provisions from Title III of the American Energy 
and Infrastructure Jobs Act (H.R. 7). (10 minutes)
    3. McKinley (WV): Would insert the text of H.R. 2273, Coal 
Residuals Reuse and Management Act. Would leave regulation and 
enforcement of coal combustion residuals to the states, and 
utilize the existing framework and requirements of federal 
regulatory programs for those states to follow. (10 minutes)

                    text of amendments made in order


    1. An Amendment To Be Offered by Representative Boustany Jr. of 
          Louisiana or His Designee, Debatable for 10 Minutes

  At the end of the bill, add the following (and conform the 
table of contents of the bill accordingly):

                 TITLE IV--HARBOR MAINTENANCE PROGRAMS

SEC. 401. FUNDING FOR HARBOR MAINTENANCE PROGRAMS.

  (a) Harbor Maintenance Trust Fund Guarantee.--
          (1) In general.--The total budget resources for a 
        fiscal year shall be equal to the level of receipts for 
        harbor maintenance for that fiscal year. Such amounts 
        shall be used only for harbor maintenance programs.
          (2) Guarantee.--No funds may be appropriated for 
        harbor maintenance programs unless the amount under 
        paragraph (1) has been provided for all such programs.
  (b) Definitions.--In this section, the following definitions 
apply:
          (1) Harbor maintenance programs.--The term ``harbor 
        maintenance programs'' means expenditures under section 
        9505(c)(1) of the Internal Revenue Code of 1986 
        (relating to expenditures from the Harbor Maintenance 
        Trust Fund).
          (2) Level of receipts for harbor maintenance.--The 
        term ``level of receipts for harbor maintenance'' means 
        the level of taxes credited to the Harbor Maintenance 
        Trust Fund under section 9505(a)(1) of the Internal 
        Revenue Code of 1986 for a fiscal year as set forth in 
        the President's budget baseline projection as defined 
        in section 257 of the Balanced Budget and Emergency 
        Deficit Control Act of 1985 (Public Law 99-177) for 
        that fiscal year submitted pursuant to section 1105 of 
        title 31, United States Code, reduced by the amount 
        requested in such President's budget for payments 
        described in section 9505(c)(3) of the Internal Revenue 
        Code of 1986.
          (3) Total budget resources.--The term ``total budget 
        resources'' means the total amount made available by 
        appropriations Acts from the Harbor Maintenance Trust 
        Fund for a fiscal year for making expenditures under 
        section 9505(c)(1) of the Internal Revenue Code of 
        1986.


----------


2. An Amendment To Be Offered by Representative Ribble of Wisconsin or 
                 His Designee, Debatable for 10 Minutes

  At the end of the bill, add the following (and conform the 
table of contents of the bill accordingly):

                  TITLE IV--ENVIRONMENTAL STREAMLINING

SEC. 401. AMENDMENTS TO TITLE 23, UNITED STATES CODE.

  Except as otherwise expressly provided, whenever in this 
title an amendment or repeal is expressed in terms of an 
amendment to, or a repeal of, a section or other provision, the 
reference shall be considered to be made to a section or other 
provision of title 23, United States Code.

SEC. 402. DECLARATION OF POLICY.

  (a) Expedited Project Delivery.--Section 101(b) is amended by 
adding at the end the following:
          ``(4) Expedited project delivery.--Congress declares 
        that it is in the national interest to expedite the 
        delivery of surface transportation projects by 
        substantially reducing the average length of the 
        environmental review process. Accordingly, it is the 
        policy of the United States that--
                  ``(A) the Secretary shall have the lead role 
                among Federal agencies in carrying out the 
                environmental review process for surface 
                transportation projects;
                  ``(B) each Federal agency shall cooperate 
                with the Secretary to expedite the 
                environmental review process for surface 
                transportation projects;
                  ``(C) there shall be a presumption that the 
                mode, facility type, and corridor location for 
                a surface transportation project will be 
                determined in the transportation planning 
                process, as established in sections 134 and 135 
                and sections 5303 and 5304 of title 49;
                  ``(D) project sponsors shall not be 
                prohibited from carrying out pre-construction 
                project development activities concurrently 
                with the environmental review process;
                  ``(E) programmatic approaches shall be used, 
                to the maximum extent possible, to reduce the 
                need for project-by-project reviews and 
                decisions by Federal agencies; and
                  ``(F) the Secretary shall actively support 
                increased opportunities for project sponsors to 
                assume responsibilities of the Secretary in 
                carrying out the environmental review 
                process.''.

SEC. 403. EXEMPTION IN EMERGENCIES.

   If any road, highway, or bridge is in operation or under 
construction when damaged by an emergency declared by the 
Governor of the State and concurred in by the Secretary, or 
declared by the President pursuant to the Robert T. Stafford 
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121), 
and is reconstructed in the same location with the same 
capacity, dimensions, and design as before the emergency, then 
that reconstruction project shall be exempt from any further 
environmental reviews, approvals, licensing, and permit 
requirements under--
          (1) the National Environmental Policy Act of 1969 (42 
        U.S.C. 4321 et seq.);
          (2) sections 402 and 404 of the Federal Water 
        Pollution Control Act (33 U.S.C. 1342, 1344);
          (3) the National Historic Preservation Act (16 U.S.C. 
        470 et seq.);
          (4) the Migratory Bird Treaty Act (16 U.S.C. 703 et 
        seq.);
          (5) the Wild and Scenic Rivers Act (16 U.S.C. 1271 et 
        seq.);
          (6) the Fish and Wildlife Coordination Act (16 U.S.C. 
        661 et seq.);
          (7) the Endangered Species Act of 1973 (16 U.S.C. 
        1531 et seq.), except when the reconstruction occurs in 
        designated critical habitat for threatened and 
        endangered species;
          (8) Executive Order 11990 (42 U.S.C. 4321 note; 
        relating to the protection of wetlands); and
          (9) any Federal law (including regulations) requiring 
        no net loss of wetlands.

SEC. 404. ADVANCE ACQUISITION OF REAL PROPERTY INTERESTS.

  (a) Real Property Interests.--Section 108 is amended--
          (1) by striking ``real property'' each place it 
        appears and inserting ``real property interests'';
          (2) by striking ``right-of-way'' each place it 
        appears and inserting ``real property interest''; and
          (3) by striking ``rights-of-way'' each place it 
        appears and inserting ``real property interests''.
  (b) State-funded Early Acquisition of Real Property 
Interests.--Section 108(c) is amended--
          (1) in the subsection heading by striking ``Early 
        Acquisition of Rights-of-Way'' and inserting ``State-
        Funded Early Acquisition of Real Property Interests'';
          (2) by redesignating paragraphs (1) and (2) as 
        paragraphs (2) and (3), respectively;
          (3) in paragraph (2), as redesignated--
                  (A) in the heading by striking ``General 
                rule'' and inserting ``Eligibility for 
                reimbursement''; and
                  (B) by striking ``Subject to paragraph (2)'' 
                and inserting ``Subject to paragraph (3)'';
          (4) by inserting before paragraph (2), as 
        redesignated, the following:
          ``(1) In general.--A State may carry out, at the 
        expense of the State, acquisitions of interests in real 
        property for a project before completion of the review 
        process required for the project under the National 
        Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
        seq.) without affecting subsequent approvals required 
        for the project by the State or any Federal agency.''; 
        and
          (5) in paragraph (3), as redesignated--
                  (A) in the matter preceding subparagraph (A) 
                by striking ``in paragraph (1)'' and inserting 
                ``in paragraph (2)''; and
                  (B) in subparagraph (G) by striking ``both 
                the Secretary and the Administrator of the 
                Environmental Protection Agency have 
                concurred'' and inserting ``the Secretary has 
                determined''.
  (c) Federally Funded Acquisition of Real Property 
Interests.--Section 108 is further amended by adding at the end 
the following:
  ``(d) Federally Funded Early Acquisition of Real Property 
Interests.--
          ``(1) In general.--The Secretary may authorize the 
        use of Federal funds for the acquisition of a real 
        property interest by a State. For purposes of this 
        subsection, an acquisition of a real property interest 
        includes the acquisition of any interest in land, 
        including the acquisition of a contractual right to 
        acquire any interest in land, or any other similar 
        action to acquire or preserve rights-of-way for a 
        transportation facility.
          ``(2) State certification.--A State requesting 
        Federal funding for an acquisition of a real property 
        interest shall certify in writing that--
                  ``(A) the State has authority to acquire the 
                real property interest under State law;
                  ``(B) the acquisition of the real property 
                interest is for a transportation purpose; and
                  ``(C) the State acknowledges that early 
                acquisition will not be considered by the 
                Secretary in the environmental assessment of a 
                project, the decision relative to the need to 
                construct a project, or the selection of a 
                project design or location.
          ``(3) Environmental compliance.--Before authorizing 
        Federal funding for an acquisition of a real property 
        interest, the Secretary shall complete for the 
        acquisition the review process under the National 
        Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
        seq.). For purposes of the review process, the 
        acquisition of a real property interest shall be 
        treated as having independent utility and does not 
        limit consideration of alternatives for future 
        transportation improvements with respect to the real 
        property interest.
          ``(4) Programming.--The acquisition of a real 
        property interest for which Federal funding is 
        requested shall be included as a project in an 
        applicable transportation improvement program under 
        sections 134 and 135 and sections 5303 and 5304 of 
        title 49. The acquisition project may be included in 
        the transportation improvement program on its own, 
        without including the future construction project for 
        which the real property interest is being acquired. The 
        acquisition project may consist of the acquisition of a 
        specific parcel, a portion of a transportation 
        corridor, or an entire transportation corridor.
          ``(5) Other requirements.--The acquisition of a real 
        property interest shall be carried out in compliance 
        with all requirements applicable to the acquisition of 
        real property interests for federally funded 
        transportation projects.
  ``(e) Consideration of Long-Range Transportation Needs.--The 
Secretary shall encourage States and other public authorities, 
if practicable, to acquire transportation real property 
interests that are sufficient to accommodate long-range 
transportation needs and, if possible, to do so through the 
acquisition of broad real property interests that have the 
capacity for expansion over a 50- to 100-year period and the 
potential to accommodate one or more transportation modes.''.

SEC. 405. STANDARDS.

  Section 109 is amended by adding at the end the following:
  ``(r) Undertaking Design Activities Before Completion of 
Environmental Review Process.--
          ``(1) In general.--A State may carry out, at the 
        expense of the State, design activities at any level of 
        detail for a project before completion of the review 
        process required for the project under the National 
        Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
        seq.) without affecting subsequent approvals of the 
        project.
          ``(2) Eligibility for reimbursement.--Subject to 
        paragraph (3), funds apportioned to a State under this 
        title may be used to participate in the payment of 
        costs incurred by the State for design activities, if 
        the results of the activities are subsequently 
        incorporated (in whole or in substantial part) into a 
        project eligible for surface transportation program 
        funds.
          ``(3) Terms and conditions.--The Federal share 
        payable of the costs described in paragraph (2) shall 
        be eligible for reimbursement out of funds apportioned 
        to a State under this title when the design activities 
        are incorporated (in whole or in substantial part) into 
        a project eligible for surface transportation program 
        funds, if the State demonstrates to the Secretary and 
        the Secretary finds that--
                  ``(A) before the time that the cost incurred 
                by a State is approved for Federal 
                participation, environmental compliance 
                pursuant to the National Environmental Policy 
                Act of 1969 (42 U.S.C. 4321 et seq.) has been 
                completed for the project for which the design 
                activities were conducted by the State; and
                  ``(B) the design activities conducted 
                pursuant to this subsection did not preclude 
                the consideration of alternatives to the 
                project.''.

SEC. 406. LETTING OF CONTRACTS.

  (a) Bidding Requirements.--Section 112(b)(1) is amended to 
read as follows:
          ``(1) In general.--
                  ``(A) Competitive bidding requirement.--
                Subject to paragraphs (2), (3), and (4), 
                construction of each project, subject to the 
                provisions of subsection (a), shall be 
                performed by contract awarded by competitive 
                bidding, unless the State transportation 
                department demonstrates, to the satisfaction of 
                the Secretary, that some other method is more 
                cost effective or that an emergency exists.
                  ``(B) Basis of award.--
                          ``(i) In general.--Contracts for the 
                        construction of each project shall be 
                        awarded only on the basis of the lowest 
                        responsive bid submitted by a bidder 
                        meeting established criteria of 
                        responsibility.
                          ``(ii) Prohibition.--No requirement 
                        or obligation shall be imposed as a 
                        condition precedent to the award of a 
                        contract to such bidder for a project, 
                        or to the Secretary's concurrence in 
                        the award of a contract to such bidder, 
                        unless such requirement or obligation 
                        is otherwise lawful and is specifically 
                        set forth in the advertised 
                        specifications.''.
  (b) Design-build Contracting.--Section 112(b)(3) is amended--
          (1) in subparagraph (A) by striking ``subparagraph 
        (C)'' and inserting ``subparagraph (B)'';
          (2) by striking subparagraph (B);
          (3) by redesignating subparagraphs (C) through (E) as 
        subparagraphs (B) through (D), respectively; and
          (4) in subparagraph (C), as redesignated--
                  (A) in the matter preceding clause (i) by 
                striking ``of the SAFETEA-LU'' and inserting 
                ``of the Surface Transportation Extension Act 
                of 2012, Part II'';
                  (B) in clause (ii) by striking ``and'' at the 
                end;
                  (C) in clause (iii)--
                          (i) by striking ``final design or''; 
                        and
                          (ii) by striking the period at the 
                        end and inserting ``; and''; and
                  (D) by adding at the end the following:
                          ``(iv) permit the State 
                        transportation department, the local 
                        transportation agency, and the design-
                        build contractor to proceed, at the 
                        expense of one or more of those 
                        entities, with design activities at any 
                        level of detail for a project before 
                        completion of the review process 
                        required for the project under the 
                        National Environmental Policy Act of 
                        1969 (42 U.S.C. 4321 et seq.) without 
                        affecting subsequent approvals required 
                        for the project. Design activities 
                        carried out under this clause shall be 
                        eligible for Federal reimbursement as a 
                        project expense in accordance with the 
                        requirements under section 109(r).''.
  (c) Efficiencies in Contracting.--Section 112(b) is amended 
by adding at the end the following:
          ``(4) Method of contracting.--
                  ``(A) In general.--
                          ``(i) Two-phase contract.--A 
                        contracting agency may award a two-
                        phase contract for preconstruction and 
                        construction services.
                          ``(ii) Pre-construction services 
                        phase.--In the pre-construction 
                        services phase, the contractor shall 
                        provide the contracting agency with 
                        advice for scheduling, work sequencing, 
                        cost engineering, constructability, 
                        cost estimating, and risk 
                        identification.
                          ``(iii) Agreement.--Prior to the 
                        start of the construction services 
                        phase, the contracting agency and the 
                        contractor may agree to a price and 
                        other factors specified in regulation 
                        for the construction of the project or 
                        a portion of the project.
                          ``(iv) Construction phase.--If an 
                        agreement is reached under clause 
                        (iii), the contractor shall be 
                        responsible for the construction of the 
                        project or portion of the project at 
                        the negotiated price and other factors 
                        specified in regulation.
                  ``(B) Selection.--A contract shall be awarded 
                to a contractor using a competitive selection 
                process based on qualifications, experience, 
                best value, or any other combination of factors 
                considered appropriate by the contracting 
                agency.
                  ``(C) Timing.--
                          ``(i) Relationship to nepa process.--
                        Prior to the completion of the process 
                        required under section 102 of the 
                        National Environmental Policy Act of 
                        1969 (42 U.S.C. 4332), a contracting 
                        agency may--
                                  ``(I) issue requests for 
                                proposals;
                                  ``(II) proceed with the award 
                                of a contract for 
                                preconstruction services under 
                                subparagraph (A); and
                                  ``(III) issue notices to 
                                proceed with a preliminary 
                                design and any work related to 
                                preliminary design.
                          ``(ii) Preconstruction services 
                        phase.--If the preconstruction services 
                        phase of a contract under subparagraph 
                        (A)(ii) focuses primarily on one 
                        alternative, the Secretary shall 
                        require that the contract include 
                        appropriate provisions to achieve the 
                        objectives of section 102 of the 
                        National Environmental Policy Act of 
                        1969 (42 U.S.C. 4332) and comply with 
                        other applicable Federal laws and 
                        regulations.
                          ``(iii) Construction services 
                        phase.--A contracting agency may not 
                        proceed with the award of the 
                        construction services phase of a 
                        contract under subparagraph (A)(iv) and 
                        may not proceed, or permit any 
                        consultant or contractor to proceed, 
                        with construction until completion of 
                        the process required under section 102 
                        of the National Environmental Policy 
                        Act of 1969 (42 U.S.C. 4332).
                          ``(iv) Approval requirement.--Prior 
                        to authorizing construction activities, 
                        the Secretary shall approve the 
                        contracting agency's price estimate for 
                        the entire project, as well as any 
                        price agreement with the general 
                        contractor for the project or a portion 
                        of the project.
                          ``(v) Design activities.--A 
                        contracting agency may proceed, at its 
                        expense, with design activities at any 
                        level of detail for a project before 
                        completion of the review process 
                        required for the project under the 
                        National Environmental Policy Act of 
                        1969 (42 U.S.C. 4321 et seq.) without 
                        affecting subsequent approvals required 
                        for the project. Design activities 
                        carried out under this clause shall be 
                        eligible for Federal reimbursement as a 
                        project expense in accordance with the 
                        requirements under section 109(r).''.

SEC. 407. ELIMINATION OF DUPLICATION IN HISTORIC PRESERVATION 
                    REQUIREMENTS.

  (a) Preservation of Parklands.--Section 138 is amended by 
adding at the end the following:
  ``(c) Elimination of Duplication for Historic Sites and 
Properties.--The requirements of this section shall be 
considered to be satisfied for an historic site or property 
where its treatment has been agreed upon in a memorandum of 
agreement by invited and mandatory signatories, including the 
Advisory Council on Historic Preservation, if participating, in 
accordance with section 106 of the National Historic 
Preservation Act (16 U.S.C. 470f).''.
  (b) Policy on Lands, Wildlife and Waterfowl Refuges, and 
Historic Sites.--Section 303 of title 49, United States Code, 
is amended by adding at the end the following:
  ``(e) Elimination of Duplication for Historic Sites and 
Properties.--The requirements of this section shall be 
considered to be satisfied for an historic site or property 
where its treatment has been agreed upon in a memorandum of 
agreement by invited and mandatory signatories, including the 
Advisory Council on Historic Preservation, if participating, in 
accordance with section 106 of the National Historic 
Preservation Act (16 U.S.C. 470f).''.

SEC. 408. FUNDING THRESHOLD.

  Section 139(b) is amended by adding at the end the following:
          ``(3) Funding threshold.--The Secretary's approval of 
        a project receiving funds under this title or under 
        chapter 53 of title 49 shall not be considered a 
        Federal action for the purposes of the National 
        Environmental Policy Act of 1969 if such funds--
                  ``(A) constitute 15 percent or less of the 
                total estimated project costs; or
                  ``(B) are less than $10,000,000.''.

SEC. 409. EFFICIENT ENVIRONMENTAL REVIEWS FOR PROJECT DECISIONMAKING.

  (a) Flexibility.--Section 139(b) is further amended--
          (1) in paragraph (2) by inserting ``, and any 
        requirements established in this section may be 
        satisfied,'' after ``exercised''; and
          (2) by adding after paragraph (3), as added by this 
        Act, the following:
          ``(4) Programmatic compliance.--At the request of a 
        State, the Secretary may modify the procedures 
        developed under this section to encourage programmatic 
        approaches and strategies with respect to environmental 
        programs and permits (in lieu of project-by-project 
        reviews).''.
  (b) Federal Lead Agency.--Section 139(c) is amended--
          (1) in paragraph (1) by adding at the end the 
        following: ``If the project requires approval from more 
        than one modal administration within the Department, 
        the Secretary shall designate a single modal 
        administration to serve as the Federal lead agency for 
        the Department in the environmental review process for 
        the project.'';
          (2) in paragraph (3) by inserting ``or other 
        approvals by the Secretary'' after ``chapter 53 of 
        title 49''; and
          (3) by striking paragraph (5) and inserting the 
        following:
          ``(5) Adoption and use of documents.--Any 
        environmental document prepared in accordance with this 
        subsection shall be adopted and used by any Federal 
        agency in making any approval of a project subject to 
        this section as the document required to be completed 
        under the National Environmental Policy Act of 1969.''.
  (c) Participating Agencies.--
          (1) Effect of designation.--Section 139(d)(4) is 
        amended to read as follows:
          ``(4) Effect of designation.--
                  ``(A) Requirement.--A participating agency 
                shall comply with the requirements of this 
                section and any schedule established under this 
                section.
                  ``(B) Implication.--Designation as a 
                participating agency under this subsection 
                shall not imply that the participating agency--
                          ``(i) supports a proposed project; or
                          ``(ii) has any jurisdiction over, or 
                        special expertise with respect to 
                        evaluation of, the project.''.
          (2) Concurrent reviews.--Section 139(d)(7) is amended 
        to read as follows:
          ``(7) Concurrent reviews.--Each participating agency 
        and cooperating agency shall--
                  ``(A) carry out obligations of that agency 
                under other applicable law concurrently, and in 
                conjunction, with the review required under the 
                National Environmental Policy Act of 1969 (42 
                U.S.C. 4321 et seq.); and
                  ``(B) formulate and implement administrative, 
                policy, and procedural mechanisms to enable the 
                agency to ensure completion of the 
                environmental review process in a timely, 
                coordinated, and environmentally responsible 
                manner.''.
  (d) Project Initiation.--Section 139(e) is amended by adding 
at the end the following: ``The project sponsor may satisfy 
this requirement by submitting to the Secretary a draft notice 
for publication in the Federal Register announcing the 
preparation of an environmental impact statement for the 
project.''.
  (e) Alternatives Analysis.--Section 139(f) is amended--
          (1) in paragraph (4)--
                  (A) by amending subparagraph (B) to read as 
                follows
                  ``(B) Range of alternatives.--
                          ``(i) In general.--Following 
                        participation under paragraph (1), the 
                        lead agency shall determine the range 
                        of alternatives for consideration in 
                        any document which the lead agency is 
                        responsible for preparing for the 
                        project.
                          ``(ii) Limitation.--The range of 
                        alternatives shall be limited to 
                        alternatives that are consistent with 
                        the transportation mode and general 
                        design of the project described in the 
                        long-range transportation plan or 
                        transportation improvement program 
                        prepared pursuant to section 134 or 135 
                        or section 5303 or 5304 of title 49.
                          ``(iii) Restriction.--A Federal 
                        agency may not require the evaluation 
                        of any alternative that was evaluated, 
                        but not adopted--
                                  ``(I) in any prior State or 
                                Federal environmental document 
                                with regard to the applicable 
                                long-range transportation plan 
                                or transportation improvement 
                                program; or
                                  ``(II) after the preparation 
                                of a programmatic or tiered 
                                environmental document that 
                                evaluated alternatives to the 
                                project.
                          ``(iv) Legal sufficiency.--The 
                        evaluation of the range of alternatives 
                        shall be deemed legally sufficient if 
                        the environmental document complies 
                        with the requirements of this 
                        paragraph.'';
                  (B) in subparagraph (C)--
                          (i) by striking ``(C) 
                        Methodologies.--The lead agency'' and 
                        inserting the following:
                  ``(C) Methodologies.--
                          ``(i) In general.--The lead agency'';
                          (ii) by striking ``in collaboration 
                        with participating agencies at 
                        appropriate times during the study 
                        process'' and inserting ``after 
                        consultation with participating 
                        agencies as part of the scoping 
                        process''; and
                          (iii) by adding at the end the 
                        following:
                          ``(ii) Comments.--Each participating 
                        agency shall limit comments on such 
                        methodologies to those issues that are 
                        within the authority and expertise of 
                        such participating agency.
                          ``(iii) Studies.--The lead agency may 
                        not conduct studies proposed by any 
                        participating agency that are not 
                        within the authority or expertise of 
                        such participating agency.''; and
                  (C) by adding at the end the following:
                  ``(E) Limitations on the evaluation of 
                impacts evaluated in prior environmental 
                documents.--
                          ``(i) In general.--The lead agency 
                        may not reevaluate, and a Federal 
                        agency may not require the reevaluation 
                        of, cumulative impacts or growth-
                        inducing impacts where such impacts 
                        were previously evaluated in--
                                  ``(I) a long-range 
                                transportation plan or 
                                transportation improvement 
                                program developed pursuant to 
                                section 134 or 135 or section 
                                5303 or 5304 of title 49;
                                  ``(II) a prior environmental 
                                document approved by the 
                                Secretary; or
                                  ``(III) a prior State 
                                environmental document approved 
                                pursuant to a State law that is 
                                substantially equivalent to 
                                section 102(2)(C) of the 
                                National Environmental Policy 
                                Act of 1969 (42 U.S.C. 
                                4332(2)(C)).
                          ``(ii) Legal sufficiency.--The 
                        evaluation of cumulative impacts and 
                        growth inducing impacts shall be deemed 
                        legally sufficient if the environmental 
                        document complies with the requirements 
                        of this paragraph.''; and
          (2) by adding at the end the following:
          ``(5) Effective decisionmaking.--
                  ``(A) Concurrence.--At the discretion of the 
                lead agency, a participating agency shall be 
                presumed to concur in the determinations made 
                by the lead agency under this subsection unless 
                the participating agency submits an objection 
                to the lead agency in writing within 30 days 
                after receiving notice of the lead agency's 
                determination and specifies the statutory basis 
                for the objection.
                  ``(B) Adoption of determination.--If the 
                participating agency concurs or does not object 
                within the 30-day period, the participating 
                agency shall adopt the lead agency's 
                determination for purposes of any reviews, 
                approvals, or other actions taken by the 
                participating agency as part of the 
                environmental review process for the 
                project.''.
  (f) Coordination Plan.--Section 139(g) is amended--
          (1) in paragraph (1)(A) by striking ``project or 
        category of projects'' and inserting ``project, 
        category of projects, or program of projects'';
          (2) by amending paragraph (3) to read as follows:
          ``(3) Deadlines for decisions under other laws.--
                  ``(A) Prior approval deadline.--If a 
                participating agency is required to make a 
                determination regarding or otherwise approve or 
                disapprove the project prior to the record of 
                decision or finding of no significant impact of 
                the lead agency, such participating agency 
                shall make such determination or approval not 
                later than 30 days after the lead agency 
                publishes notice of the availability of a final 
                environmental impact statement or other final 
                environmental document, or not later than such 
                other date that is otherwise required by law, 
                whichever occurs first.
                  ``(B) Other deadlines.--With regard to any 
                determination or approval of a participating 
                agency that is not subject to subparagraph (A), 
                each participating agency shall make any 
                required determination regarding or otherwise 
                approve or disapprove the project not later 
                than 90 days after the date that the lead 
                agency approves the record of decision or 
                finding of no significant impact for the 
                project, or not later than such other date that 
                is otherwise required by law, whichever occurs 
                first.
                  ``(C) Deemed approved.--In the event that any 
                participating agency fails to make a 
                determination or approve or disapprove the 
                project within the applicable deadline 
                described in subparagraphs (A) and (B), the 
                project shall be deemed approved by such 
                participating agency, and such approval shall 
                be deemed to comply with the applicable 
                requirements of Federal law.
                  ``(D) Written finding.--The Secretary may 
                issue a written finding verifying the approval 
                made in accordance with this paragraph.''; and
          (3) by striking paragraph (4).
  (g) Issue Identification and Resolution.--Section 139(h)(4) 
is amended by adding at the end the following:
                  ``(C) Resolution final.--
                          ``(i) In general.--The lead agency 
                        and participating agencies may not 
                        reconsider the resolution of any issue 
                        agreed to by the relevant agencies in a 
                        meeting under subparagraph (A).
                          ``(ii) Compliance with applicable 
                        law.--Any such resolution shall be 
                        deemed to comply with applicable law 
                        notwithstanding that the agencies 
                        agreed to such resolution prior to the 
                        approval of the environmental 
                        document.''.
  (h) Streamlined Documentation and Decisionmaking.--Section 
139 is amended--
          (1) by redesignating subsections (i) through (l) as 
        subsections (k) through (n), respectively; and
          (2) by inserting after subsection (h) the following:
  ``(i) Streamlined Documentation and Decisionmaking.--
          ``(1) In general.--The lead agency in the 
        environmental review process for a project, in order to 
        reduce paperwork and expedite decisionmaking, shall 
        prepare a condensed final environmental impact 
        statement.
          ``(2) Condensed format.--A condensed final 
        environmental impact statement for a project in the 
        environmental review process shall consist only of--
                  ``(A) an incorporation by reference of the 
                draft environmental impact statement;
                  ``(B) any updates to specific pages or 
                sections of the draft environmental impact 
                statement as appropriate; and
                  ``(C) responses to comments on the draft 
                environmental impact statement and copies of 
                the comments.
          ``(3) Timing of decision.--Notwithstanding any other 
        provision of law, in conducting the environmental 
        review process for a project, the lead agency shall 
        combine a final environmental impact statement and a 
        record of decision for the project into a single 
        document if--
                  ``(A) the alternative approved in the record 
                of decision is either a preferred alternative 
                that was identified in the draft environmental 
                impact statement or is a modification of such 
                preferred alternative that was developed in 
                response to comments on the draft environmental 
                impact statement;
                  ``(B) the Secretary has received a 
                certification from a State under section 128, 
                if such a certification is required for the 
                project; and
                  ``(C) the Secretary determines that the lead 
                agency, participating agency, or the project 
                sponsor has committed to implement the measures 
                applicable to the approved alternative that are 
                identified in the final environmental impact 
                statement.
  ``(j) Supplemental Environmental Review and Re-Evaluation.--
          ``(1) Supplemental environmental review.--After the 
        approval of a record of decision or finding of no 
        significant impact with regard to a project, an agency 
        may not require the preparation of a subsequent 
        environmental document for such project unless the lead 
        agency determines that--
                  ``(A) changes to the project will result in 
                new significant impacts that were not evaluated 
                in the environmental document; or
                  ``(B) new information has become available or 
                changes in circumstances have occurred after 
                the lead agency approval of the project that 
                will result in new significant impacts that 
                were not evaluated in the environmental 
                document.
          ``(2) Re-evaluations.--The Secretary may only require 
        the re-evaluation of a document prepared under the 
        National Environmental Policy Act of 1969 (42 U.S.C. 
        4321 et seq.) if--
                  ``(A) the Secretary determines that the 
                events in paragraph (1)(A) or (1)(B) apply; and
                  ``(B) more than 5 years has elapsed since the 
                Secretary's prior approval of the project or 
                authorization of project funding.
          ``(3) Change to record of decision.--After the 
        approval of a record of decision, the Secretary may not 
        require the record of decision to be changed solely 
        because of a change in the fiscal circumstances 
        surrounding the project.''.
  (i) Regulations.--Section 139(m) (as redesignated by 
subsection (h)(1) of this section) is further amended to read 
as follows:
  ``(m) Regulations.--
          ``(1) In general.--Not later than 1 year after the 
        date of enactment of the Surface Transportation 
        Extension Act of 2012, Part II, the Secretary, by 
        regulation, shall--
                  ``(A) implement this section; and
                  ``(B) establish methodologies and procedures 
                for evaluating the environmental impacts, 
                including cumulative impacts and growth-
                inducing impacts, of transportation projects 
                subject to this section.
          ``(2) Compliance with applicable law.--Any 
        environmental document that utilizes the methodologies 
        and procedures established under this subsection shall 
        be deemed to comply with the applicable requirements 
        of--
                  ``(A) the National Environmental Policy Act 
                of 1969 (42 U.S.C. 4321 et seq.) or its 
                implementing regulations; or
                  ``(B) any other Federal environmental statute 
                applicable to transportation projects.''.

SEC. 410. DISPOSAL OF HISTORIC PROPERTIES.

  (a) Disposal of Historic Properties.--Section 156 is 
amended--
          (1) by striking the section heading and inserting 
        ``Sale or lease of real property''; and
          (2) by adding at the end the following:
  ``(d) Assessment of Adverse Effects.--Notwithstanding part 
800 of title 36, Code of Federal Regulations, the sale or lease 
by a State of any historic property that is not listed in the 
National Register of Historic Places shall not be considered an 
adverse effect to the property within any consultation process 
carried out under section 106 of the National Historic 
Preservation Act (16 U.S.C. 470f).''.
  (b) Clerical Amendment.--The analysis for chapter 1 is 
amended by striking the item relating to section 156 and 
inserting the following:

``156. Sale or lease of real property.''.

SEC. 411. INTEGRATION OF PLANNING AND ENVIRONMENTAL REVIEW.

  (a) In General.--Chapter 1 is amended by adding at the end 
the following:

``Sec. 167. Integration of planning and environmental review

  ``(a) Definitions.--In this section, the following 
definitions apply:
          ``(1) Environmental review process.--
                  ``(A) In general.--The term `environmental 
                review process' means the process for preparing 
                for a project an environmental impact 
                statement, environmental assessment, 
                categorical exclusion, or other document 
                prepared under the National Environmental 
                Policy Act of 1969 (42 U.S.C. 4321 et seq.).
                  ``(B) Inclusions.--The term `environmental 
                review process' includes the process for and 
                completion of any environmental permit, 
                approval, review, or study required for a 
                project under any Federal law other than the 
                National Environmental Policy Act of 1969 (42 
                U.S.C. 4321 et seq.).
          ``(2) Planning product.--The term `planning product' 
        means any decision, analysis, study, or other 
        documented result of an evaluation or decisionmaking 
        process carried out during transportation planning.
          ``(3) Project.--The term `project' means any highway 
        project or program of projects, public transportation 
        capital project or program of projects, or multimodal 
        project or program of projects that requires the 
        approval of the Secretary.
          ``(4) Project sponsor.--The term `project sponsor' 
        means the agency or other entity, including any private 
        or public-private entity, that seeks approval of the 
        Secretary for a project.
  ``(b) Purpose and Findings.--
          ``(1) Purpose.--The purpose of this section is to 
        establish the authority and provide procedures for 
        achieving integrated planning and environmental review 
        processes to--
                  ``(A) enable statewide and metropolitan 
                planning processes to more effectively serve as 
                the foundation for project decisions;
                  ``(B) foster better decisionmaking;
                  ``(C) reduce duplication in work;
                  ``(D) avoid delays in transportation 
                improvements; and
                  ``(E) better transportation and environmental 
                results for communities and the United States.
          ``(2) Findings.--Congress finds the following:
                  ``(A) This section is consistent with and is 
                adopted in furtherance of sections 101 and 102 
                of the National Environmental Policy Act of 
                1969 (42 U.S.C. 4331 and 4332) and section 109 
                of this title.
                  ``(B) This section should be broadly 
                construed and may be applied to any project, 
                class of projects, or program of projects 
                carried out under this title or chapter 53 of 
                title 49.
  ``(c) Adoption of Planning Products for Use in NEPA 
Proceedings.--
          ``(1) In general.--Notwithstanding any other 
        provision of law and subject to the conditions set 
        forth in subsection (e), the Federal lead agency for a 
        project, at the request of the project sponsors, may 
        adopt and use a planning product in proceedings 
        relating to any class of action in the environmental 
        review process of the project.
          ``(2) Partial adoption of planning products.--The 
        Federal lead agency may adopt a planning product under 
        paragraph (1) in its entirety or may select portions 
        for adoption.
          ``(3) Timing.--A determination under paragraph (1) 
        with respect to the adoption of a planning product 
        shall be made at the time the lead agencies decide the 
        appropriate scope of environmental review for the 
        project.
  ``(d) Applicability.--
          ``(1) Planning decisions.--Planning decisions that 
        may be adopted pursuant to this section include--
                  ``(A) a purpose and need or goals and 
                objectives statement for the project, including 
                with respect to whether tolling, private 
                financial assistance, or other special 
                financial measures are necessary to implement 
                the project;
                  ``(B) a decision with respect to travel 
                corridor location, including project termini;
                  ``(C) a decision with respect to modal 
                choice, including a decision to implement 
                corridor or subarea study recommendations to 
                advance different modal solutions as separate 
                projects with independent utility;
                  ``(D) a decision with respect to the 
                elimination of unreasonable alternatives and 
                the selection of the range of reasonable 
                alternatives for detailed study during the 
                environmental review process;
                  ``(E) a basic description of the 
                environmental setting;
                  ``(F) a decision with respect to 
                methodologies for analysis; and
                  ``(G) identifications of programmatic level 
                mitigation for potential impacts that the 
                Federal lead agency, in consultation with 
                Federal, State, local, and tribal resource 
                agencies, determines are most effectively 
                addressed at a regional or national program 
                level, including--
                          ``(i) system-level measures to avoid, 
                        minimize, or mitigate impacts of 
                        proposed transportation investments on 
                        environmental resources, including 
                        regional ecosystem and water resources; 
                        and
                          ``(ii) potential mitigation 
                        activities, locations, and investments.
          ``(2) Planning analyses.--Planning analyses that may 
        be adopted pursuant to this section include studies 
        with respect to--
                  ``(A) travel demands;
                  ``(B) regional development and growth;
                  ``(C) local land use, growth management, and 
                development;
                  ``(D) population and employment;
                  ``(E) natural and built environmental 
                conditions;
                  ``(F) environmental resources and 
                environmentally sensitive areas;
                  ``(G) potential environmental effects, 
                including the identification of resources of 
                concern and potential cumulative effects on 
                those resources, identified as a result of a 
                statewide or regional cumulative effects 
                assessment; and
                  ``(H) mitigation needs for a proposed action, 
                or for programmatic level mitigation, for 
                potential effects that the Federal lead agency 
                determines are most effectively addressed at a 
                regional or national program level.
  ``(e) Conditions.--Adoption and use of a planning product 
under this section is subject to a determination by the Federal 
lead agency, in consultation with joint lead agencies and 
project sponsors as appropriate, that the following conditions 
have been met:
          ``(1) The planning product was developed through a 
        planning process conducted pursuant to applicable 
        Federal law.
          ``(2) The planning process included broad 
        multidisciplinary consideration of systems-level or 
        corridor-wide transportation needs and potential 
        effects.
          ``(3) During the planning process, notice was 
        provided through publication or other means to Federal, 
        State, and local government agencies and tribal 
        governments that might have an interest in the proposed 
        project, and to members of the general public, of the 
        planning products that the planning process might 
        produce and that might be relied on during the 
        environmental review process, and such entities have 
        been provided an appropriate opportunity to participate 
        in the planning process leading to such planning 
        product.
          ``(4) Prior to determining the scope of environmental 
        review for the project, the joint lead agencies have 
        made documentation relating to the planning product 
        available to Federal, State, and local governmental 
        agencies and tribal governments that may have an 
        interest in the proposed action, and to members of the 
        general public.
          ``(5) There is no significant new information or new 
        circumstance that has a reasonable likelihood of 
        affecting the continued validity or appropriateness of 
        the planning product.
          ``(6) The planning product is based on reliable and 
        reasonably current data and reasonable and 
        scientifically acceptable methodologies.
          ``(7) The planning product is documented in 
        sufficient detail to support the decision or the 
        results of the analysis and to meet requirements for 
        use of the information in the environmental review 
        process.
          ``(8) The planning product is appropriate for 
        adoption and use in the environmental review process 
        for the project.
  ``(f) Effect of Adoption.--Notwithstanding any other 
provision of law, any planning product adopted by the Federal 
lead agency in accordance with this section shall not be 
reconsidered or made the subject of additional interagency 
consultation during the environmental review process of the 
project unless the Federal lead agency, in consultation with 
joint lead agencies and project sponsors as appropriate, 
determines that there is significant new information or new 
circumstances that affect the continued validity or 
appropriateness of the adopted planning product. Any planning 
product adopted by the Federal lead agency in accordance with 
this section may be relied upon and used by other Federal 
agencies in carrying out reviews of the project.
  ``(g) Rule of Construction.--This section may not be 
construed to make the National Environmental Policy Act of 1969 
(42 U.S.C. 4321 et seq.) process applicable to the 
transportation planning process conducted under chapter 52 of 
title 49. Initiation of the National Environmental Policy Act 
of 1969 process as a part of, or concurrently with, 
transportation planning activities does not subject 
transportation plans and programs to the National Environmental 
Policy Act of 1969 process. This section may not be construed 
to affect the use of planning products in the National 
Environmental Policy Act of 1969 process pursuant to other 
authorities under law or to restrict the initiation of the 
National Environmental Policy Act of 1969 process during 
planning.''.
  (b) Clerical Amendment.--The analysis for such chapter is 
amended by adding at end the following:

``167. Integration of planning and environmental review.''.

SEC. 412. DEVELOPMENT OF PROGRAMMATIC MITIGATION PLANS.

  (a) In General.--Chapter 1 (as amended by this title) is 
further amended by adding at the end the following:

``Sec. 168. Development of programmatic mitigation plans

  ``(a) In General.--As part of the statewide or metropolitan 
transportation planning process, a State or metropolitan 
planning organization may develop one or more programmatic 
mitigation plans to address the potential environmental impacts 
of future transportation projects.
  ``(b) Scope.--
          ``(1) Scale.--A programmatic mitigation plan may be 
        developed on a regional, ecosystem, watershed, or 
        statewide scale.
          ``(2) Resources.--The plan may encompass multiple 
        environmental resources within a defined geographic 
        area or may focus on a specific resource, such as 
        aquatic resources, parklands, or wildlife habitat.
          ``(3) Project impacts.--The plan may address impacts 
        from all projects in a defined geographic area or may 
        focus on a specific type of project, such as bridge 
        replacements.
          ``(4) Consultation.--The scope of the plan shall be 
        determined by the State or metropolitan planning 
        organization, as appropriate, in consultation with the 
        agency or agencies with jurisdiction over the resources 
        being addressed in the mitigation plan.
  ``(c) Contents.--A programmatic mitigation plan may include--
          ``(1) an assessment of the condition of environmental 
        resources in the geographic area covered by the plan, 
        including an assessment of recent trends and any 
        potential threats to those resources;
          ``(2) an assessment of potential opportunities to 
        improve the overall quality of environmental resources 
        in the geographic area covered by the plan, through 
        strategic mitigation for impacts of transportation 
        projects;
          ``(3) standard measures for mitigating certain types 
        of impacts;
          ``(4) parameters for determining appropriate 
        mitigation for certain types of impacts, such as 
        mitigation ratios or criteria for determining 
        appropriate mitigation sites;
          ``(5) adaptive management procedures, such as 
        protocols that involve monitoring predicted impacts 
        over time and adjusting mitigation measures in response 
        to information gathered through the monitoring; and
          ``(6) acknowledgment of specific statutory or 
        regulatory requirements that must be satisfied when 
        determining appropriate mitigation for certain types of 
        resources.
  ``(d) Process.--Before adopting a programmatic mitigation 
plan, a State or metropolitan planning organization shall--
          ``(1) consult with the agency or agencies with 
        jurisdiction over the environmental resources 
        considered in the programmatic mitigation plan;
          ``(2) make a draft of the plan available for review 
        and comment by applicable environmental resource 
        agencies and the public;
          ``(3) consider any comments received from such 
        agencies and the public on the draft plan; and
          ``(4) address such comments in the final plan.
  ``(e) Integration With Other Plans.--A programmatic 
mitigation plan may be integrated with other plans, including 
watershed plans, ecosystem plans, species recovery plans, 
growth management plans, and land use plans.
  ``(f) Consideration in Project Development and Permitting.--
If a programmatic mitigation plan has been developed pursuant 
to this section, any Federal agency responsible for 
environmental reviews, permits, or approvals for a 
transportation project shall give substantial weight to the 
recommendations in a programmatic mitigation plan when carrying 
out their responsibilities under applicable laws.
  ``(g) Preservation of Existing Authorities.--Nothing in this 
section limits the use of programmatic approaches to reviews 
under the National Environmental Policy Act of 1969 (42 U.S.C. 
4321 et seq.).''.
  (b) Clerical Amendment.--The analysis for such chapter (as 
amended by this title) is further amended by adding at the end 
the following:

``168. Development of programmatic mitigation plans.''.

SEC. 413. STATE ASSUMPTION OF RESPONSIBILITY FOR CATEGORICAL 
                    EXCLUSIONS.

  Section 326(a) is amended--
          (1) in paragraph (2) by striking ``and only for types 
        of activities specifically designated by the 
        Secretary'' and inserting ``and for any type of 
        activity for which a categorical exclusion 
        classification is appropriate''; and
          (2) by adding at the end the following:
          ``(4) Preservation of flexibility.--The Secretary 
        shall not require a State, as a condition of assuming 
        responsibility under this section, to forego project 
        delivery methods that are otherwise permissible for 
        highway projects.''.

SEC. 414. SURFACE TRANSPORTATION PROJECT DELIVERY PROGRAM.

  (a) Program Name.--Section 327 is amended--
          (1) in the section heading by striking ``pilot''; and
          (2) in subsection (a)(1) by striking ``pilot''.
  (b) Assumption of Responsibility.--Section 327(a)(2) is 
amended--
          (1) in subparagraph (A) by striking ``highway'';
          (2) in subparagraph (B) by striking clause (ii) and 
        inserting the following:
                          ``(ii) the Secretary may not assign 
                        any responsibility imposed on the 
                        Secretary by section 134 or 135 or 
                        section 5303 or 5304 of title 49.''; 
                        and
          (3) by adding at the end the following:
                  ``(F) Preservation of flexibility.--The 
                Secretary may not require a State, as a 
                condition of participation in the program, to 
                forego project delivery methods that are 
                otherwise permissible for projects.''.
  (c) State Participation.--Section 327(b) is amended--
          (1) by amending paragraph (1) to read as follows:
          ``(1) Participating states.--All States are eligible 
        to participate in the program.''; and
          (2) in paragraph (2) by striking ``this section, the 
        Secretary shall promulgate'' and inserting ``amendments 
        to this section by the Surface Transportation Extension 
        Act of 2012, Part II, the Secretary shall amend, as 
        appropriate,''.
  (d) Written Agreement.--Section 327(c) is amended--
          (1) in paragraph (3)(D) by striking the period at the 
        end and inserting a semicolon; and
          (2) by adding at the end the following:
          ``(4) have a term of not more than 5 years; and
          ``(5) be renewable.''.
  (e) Conforming Amendment.--Section 327(e) is amended by 
striking ``subsection (i)'' and inserting ``subsection (j)''.
  (f) Audits.--Section 327(g)(1)(B) is amended by striking 
``subsequent year'' and inserting ``of the third and fourth 
years''.
  (g) Monitoring.--Section 327 is further amended--
          (1) by redesignating subsections (h) and (i) as 
        subsections (i) and (j), respectively; and
          (2) by inserting after subsection (g) the following:
  ``(h) Monitoring.--After the fourth year of the participation 
of a State in the program, the Secretary shall monitor 
compliance by the State with the written agreement, including 
the provision by the State of financial resources to carry out 
the written agreement.''.
  (h) Termination.--Section 327(j) (as redesignated by 
subsection (g)(1) of this section) is amended to read as 
follows:
  ``(j) Termination.--The Secretary may terminate the 
participation of any State in the program if--
          ``(1) the Secretary determines that the State is not 
        adequately carrying out the responsibilities assigned 
        to the State;
          ``(2) the Secretary provides to the State--
                  ``(A) notification of the determination of 
                noncompliance; and
                  ``(B) a period of at least 30 days during 
                which to take such corrective action as the 
                Secretary determines is necessary to comply 
                with the applicable agreement; and
          ``(3) the State, after the notification and period 
        provided under paragraph (2), fails to take 
        satisfactory corrective action, as determined by the 
        Secretary.''.
  (i) Definitions.--Section 327 is amended by adding at the end 
the following:
  ``(k) Definitions.--In this section, the following 
definitions apply:
          ``(1) Multimodal project.--The term `multimodal 
        project' means a project funded, in whole or in part, 
        under this title or chapter 53 of title 49 and 
        involving the participation of more than one Department 
        of Transportation administration or agency.
          ``(2) Project.--The term `project' means any highway 
        project, public transportation capital project, or 
        multimodal project that requires the approval of the 
        Secretary.''.
  (j) Clerical Amendment.--The analysis for chapter 3 is 
amended by striking the item relating to section 327 and 
inserting the following:

``327. Surface transportation project delivery program.''.

SEC. 415. PROGRAM FOR ELIMINATING DUPLICATION OF ENVIRONMENTAL REVIEWS.

  (a) In General.--Chapter 3 is amended by adding at the end 
the following:

``Sec. 330. Program for eliminating duplication of environmental 
                    reviews

  ``(a) Establishment.--
          ``(1) In general.--The Secretary shall establish a 
        program to eliminate duplicative environmental reviews 
        and approvals under State and Federal law of projects. 
        Under this program, a State may use State laws and 
        procedures to conduct reviews and make approvals in 
        lieu of Federal environmental laws and regulations, 
        consistent with the provisions of this section.
          ``(2) Participating states.--All States are eligible 
        to participate in the program.
          ``(3) Scope of alternative review and approval 
        procedures.--For purposes of this section, alternative 
        environmental review and approval procedures may 
        include one or more of the following:
                  ``(A) Substitution of one or more State 
                environmental laws for one or more Federal 
                environmental laws, if the Secretary determines 
                in accordance with this section that the State 
                environmental laws provide environmental 
                protection and opportunities for public 
                involvement that are substantially equivalent 
                to the applicable Federal environmental laws.
                  ``(B) Substitution of one or more State 
                regulations for Federal regulations 
                implementing one or more Federal environmental 
                laws, if the Secretary determines in accordance 
                with this section that the State regulations 
                provide environmental protection and 
                opportunities for public involvement that are 
                substantially equivalent to the Federal 
                regulations.
  ``(b) Application.--To participate in the program, a State 
shall submit to the Secretary an application containing such 
information as the Secretary may require, including--
          ``(1) a full and complete description of the proposed 
        alternative environmental review and approval 
        procedures of the State;
          ``(2) for each State law or regulation included in 
        the proposed alternative environmental review and 
        approval procedures of the State, an explanation of the 
        basis for concluding that the law or regulation meets 
        the requirements under subsection (a)(3); and
          ``(3) evidence of having sought, received, and 
        addressed comments on the proposed application from the 
        public and appropriate Federal environmental resource 
        agencies.
  ``(c) Review of Application.--The Secretary shall--
          ``(1) review an application submitted under 
        subsection (b);
          ``(2) approve or disapprove the application in 
        accordance with subsection (d) not later than 90 days 
        after the date of the receipt of the application; and
          ``(3) transmit to the State notice of the approval or 
        disapproval, together with a statement of the reasons 
        for the approval or disapproval.
  ``(d) Approval of State Programs.--
          ``(1) In general.--The Secretary shall approve each 
        such application if the Secretary finds that the 
        proposed alternative environmental review and approval 
        procedures of the State are substantially equivalent to 
        the applicable Federal environmental laws and Federal 
        regulations.
          ``(2) Exclusion.--The National Environmental Policy 
        Act of 1969 (42 U.S.C. 4321 et seq.) and the Endangered 
        Species Act of 1973 (16 U.S.C. 1531 et seq.) shall not 
        apply to any decision by the Secretary to approve or 
        disapprove any application submitted pursuant to this 
        section.
  ``(e) Compliance With Permits.--Compliance with a permit or 
other approval of a project issued pursuant to a program 
approved by the Secretary under this section shall be deemed 
compliance with the Federal laws and regulations identified in 
the program approved by the Secretary pursuant to this section.
  ``(f) Review and Termination.--
          ``(1) Review.--All State alternative environmental 
        review and approval procedures approved under this 
        section shall be reviewed by the Secretary not less 
        than once every 5 years.
          ``(2) Public notice and comment.--In conducting the 
        review process under paragraph (1), the Secretary shall 
        provide notice and an opportunity for public comment.
          ``(3) Extensions and terminations.--At the conclusion 
        of the review process, the Secretary may extend the 
        State alternative environmental review and approval 
        procedures for an additional 5-year period or terminate 
        the State program.
  ``(g) Report to Congress.--Not later than 2 years after the 
date of enactment of this section and annually thereafter, the 
Secretary shall submit to Congress a report that describes the 
administration of the program.
  ``(h) Definitions.--For purposes of this section:
          ``(1) Environmental law.--The term `environmental 
        law' includes any law that provides procedural or 
        substantive protection, as applicable, for the natural 
        or built environment with regard to the construction 
        and operation of projects.
          ``(2) Federal environmental laws.--The term `Federal 
        environmental laws' means laws governing the review of 
        environmental impacts of, and issuance of permits and 
        other approvals for, the construction and operation of 
        projects, including section 102(2)(C) of the National 
        Environmental Policy Act of 1969 (42 U.S.C. 
        4332(2)(C)), section 404 of the Federal Water Pollution 
        Control Act (33 U.S.C. 1344), section 106 of the 
        National Historic Preservation Act (16 U.S.C. 470f), 
        and sections 7(a)(2), 9(a)(1)(B), and 10(a)(1)(B) of 
        the Endangered Species Act of 1973 (16 U.S.C. 
        1536(a)(2), 1538(a)(1)(B), 1539(a)(1)(B)).
          ``(3) Multimodal project.--The term `multimodal 
        project' means a project funded, in whole or in part, 
        under this title or chapter 53 of title 49 and 
        involving the participation of more than one Department 
        of Transportation administration or agency.
          ``(4) Project.--The term `project' means any highway 
        project, public transportation capital project, or 
        multimodal project that requires the approval of the 
        Secretary.''.
  (b) Clerical Amendment.--The analysis for such chapter (as 
amended by title I of this Act) is further amended by adding at 
the end the following:

``330. Program for eliminating duplication of environmental reviews.''.

SEC. 416. STATE PERFORMANCE OF LEGAL SUFFICIENCY REVIEWS.

  (a) In General.--Chapter 3 (as amended by this title) is 
further amended by adding at the end the following:

``Sec. 331. State performance of legal sufficiency reviews

  ``(a) In General.--At the request of any State transportation 
department, the Federal Highway Administration shall enter into 
an agreement with the State transportation department to 
authorize the State to carry out the legal sufficiency reviews 
for environmental impact statements and environmental 
assessments under the National Environmental Policy Act of 1969 
(42 U.S.C. 4321 et seq.) in accordance with this section.
  ``(b) Terms of Agreement.--An agreement authorizing a State 
to carry out legal sufficiency reviews for Federal-aid highway 
projects shall contain the following provisions:
          ``(1) A finding by the Federal Highway Administration 
        that the State has the capacity to carry out legal 
        sufficiency reviews that are equivalent in quality and 
        consistency to the reviews that would otherwise be 
        conducted by attorneys employed by such Administration.
          ``(2) An oversight process, including periodic 
        reviews conducted by attorneys employed by such 
        Administration, to evaluate the quality of the legal 
        sufficiency reviews carried out by the State 
        transportation department under the agreement.
          ``(3) A requirement for the State transportation 
        department to submit a written finding of legal 
        sufficiency to the Federal Highway Administration 
        concurrently with the request by the State for Federal 
        approval of the National Environmental Policy Act of 
        1969 (42 U.S.C. 4321 et seq.) document.
          ``(4) An opportunity for the Federal Highway 
        Administration to conduct an additional legal 
        sufficiency review for any project, for not more than 
        30 days, if considered necessary by the Federal Highway 
        Administration.
          ``(5) Procedures allowing either party to the 
        agreement to terminate the agreement for any reason 
        with 30 days notice to the other party.
  ``(c) Effect of Agreement.--A legal sufficiency review 
carried out by a State transportation department under this 
section shall be deemed by the Federal Highway Administration 
to satisfy the requirement for a legal sufficiency review in 
sections 771.125(b) and 774.7(d) of title 23, Code of Federal 
Regulations, or other applicable regulations issued by the 
Federal Highway Administration.''.
  (b) Clerical Amendment.--The analysis for such chapter (as 
amended by this title) is further amended by adding at the end 
the following:

``331. State performance of legal sufficiency reviews.''.

SEC. 417. CATEGORICAL EXCLUSIONS.

  (a) In General.--The Secretary shall treat an activity 
carried out under title 23, United States Code, or project 
within a right-of-way as a class of action categorically 
excluded from the requirements relating to environmental 
assessments or environmental impact statements under section 
771.117(c) of title 23, Code of Federal Regulations.
  (b) Definitions.--In this section, the following definitions 
apply:
          (1) Multimodal project.--The term ``multimodal 
        project'' means a project funded, in whole or in part, 
        under title 23, United States Code, or chapter 53 of 
        title 49 of such Code and involving the participation 
        of more than one Department of Transportation 
        administration or agency.
          (2) Project.--The term ``project'' means any highway 
        project, public transportation capital project, or 
        multimodal project that requires the approval of the 
        Secretary.

SEC. 418. ENVIRONMENTAL REVIEW PROCESS DEADLINE.

  (a) In General.--
          (1) Deadline.--Notwithstanding any other provision of 
        law, the environmental review process for a project 
        shall be completed not later than 270 days after the 
        date on which the notice of project initiation under 
        section 139(e) of title 23, United States Code, is 
        published in the Federal Register.
          (2) Consequences of missed deadline.--If the 
        environmental review process for a project is not 
        completed in accordance with paragraph (1)--
                  (A) the project shall be considered to have 
                no significant impact to the human environment 
                for purposes of the National Environmental 
                Policy Act of 1969 (42 U.S.C. 4321 et seq.); 
                and
                  (B) that classification shall be considered 
                to be a final agency action.
  (b) Definitions.--In this section, the following definitions 
apply:
          (1) Environmental review process.--
                  (A) In general.--The term ``environmental 
                review process'' means the process for 
                preparing for a project an environmental impact 
                statement, environmental assessment, 
                categorical exclusion, or other document 
                prepared under the National Environmental 
                Policy Act of 1969 (42 U.S.C. 4321 et seq.).
                  (B) Inclusions.--The term ``environmental 
                review process'' includes the process for and 
                completion of any environmental permit, 
                approval, review, or study required for a 
                project under any Federal law other than the 
                National Environmental Policy Act of 1969 (42 
                U.S.C. 4321 et seq.).
          (2) Lead agency.--The term ``lead agency'' means the 
        Department of Transportation and, if applicable, any 
        State or local governmental entity serving as a joint 
        lead agency pursuant to this section.
          (3) Multimodal project.--The term ``multimodal 
        project'' means a project funded, in whole or in part, 
        under title 23, United States Code, or chapter 53 of 
        title 49 of such Code and involving the participation 
        of more than one Department of Transportation 
        administration or agency.
          (4) Project.--The term ``project'' means any highway 
        project, public transportation capital project, or 
        multimodal project that requires the approval of the 
        Secretary.

SEC. 419. RELOCATION ASSISTANCE.

  (a) Alternative Relocation Payment Process.--
          (1) Establishment.--For the purpose of identifying 
        improvements in the timeliness of providing relocation 
        assistance to persons displaced as a result of Federal 
        or federally assisted programs and projects, the 
        Secretary shall establish an alternative relocation 
        payment process under which payments to displaced 
        persons eligible for relocation assistance pursuant to 
        the Uniform Relocation Assistance and Real Property 
        Acquisition Policies Act of 1970 (42 U.S.C. 4601 et 
        seq.), are calculated based on reasonable estimates and 
        paid in advance of the physical displacement of the 
        displaced person.
          (2) Payments.--
                  (A) Timing of payments.--Relocation 
                assistance payments may be provided to the 
                displaced person at the same time as payments 
                of just compensation for real property acquired 
                for a program or project of the State.
                  (B) Combined payment.--Payments for 
                relocation and just compensation may be 
                combined into a single unallocated amount.
          (3) Conditions for state use of alternative 
        process.--
                  (A) In general.--After public notice and an 
                opportunity to comment, the Secretary shall 
                adopt criteria for States to use the 
                alternative relocation payment process 
                established by the Secretary.
                  (B) Memorandum of agreement.--In order to use 
                the alternative relocation payment process, a 
                State shall enter into a memorandum of 
                agreement with the Secretary that includes 
                provisions relating to--
                          (i) the selection of projects or 
                        programs within the State to which the 
                        alternative relocation payment process 
                        will be applied;
                          (ii) program and project-level 
                        monitoring;
                          (iii) performance measurement;
                          (iv) reporting requirements; and
                          (v) the circumstances under which the 
                        Secretary may terminate or suspend the 
                        authority of the State to use the 
                        alternative relocation payment process.
                  (C) Required information.--A State may use 
                the alternative relocation payment process only 
                after the displaced persons affected by a 
                program or project--
                          (i) are informed in writing--
                                  (I) that the relocation 
                                payments the displaced persons 
                                receive under the alternative 
                                relocation payment process may 
                                be higher or lower than the 
                                amount that the displaced 
                                persons would have received 
                                under the standard relocation 
                                assistance process; and
                                  (II) of their right not to 
                                participate in the alternative 
                                relocation payment process; and
                          (ii) agree in writing to the 
                        alternative relocation payment process.
                  (D) Election not to participate.--The 
                displacing agency shall provide any displaced 
                person who elects not to participate in the 
                alternative relocation payment process with 
                relocation assistance in accordance with the 
                Uniform Relocation Assistance and Real Property 
                Acquisition Policies Act of 1970 (42 U.S.C. 
                4601 et seq.).
          (4) Protections against inconsistent treatment.--If 
        other Federal agencies plan displacements in or 
        adjacent to an area of a project using the alternative 
        relocation payment process within the same time period 
        as a project acquisition and relocation action of the 
        project, the Secretary shall adopt measures to protect 
        against inconsistent treatment of displaced persons. 
        Such measures may include a determination that the 
        alternative relocation payment process authority may 
        not be used on a specific project.
          (5) Report.--
                  (A) In general.--The Secretary shall submit 
                to Congress an annual report on the 
                implementation of the alternative relocation 
                payment process.
                  (B) Contents.--The report shall include an 
                evaluation of the merits of the alternative 
                relocation payment process, including the 
                effects of the alternative relocation payment 
                process on--
                          (i) displaced persons and the 
                        protections afforded to such persons by 
                        the Uniform Relocation Assistance and 
                        Real Property Acquisition Policies Act 
                        of 1970 (42 U.S.C. 4601 et seq.);
                          (ii) the efficiency of the delivery 
                        of Federal-aid highway projects and 
                        overall effects on the Federal-aid 
                        highway program; and
                          (iii) the achievement of the purposes 
                        of the Uniform Relocation Assistance 
                        and Real Property Acquisition Policies 
                        Act of 1970 (42 U.S.C. 4601 et seq.).
          (6) Limitation.--The alternative relocation payment 
        process under this section may be used only on projects 
        funded under title 23, United States Code, in cases in 
        which the funds are administered by the Federal Highway 
        Administration.
          (7) NEPA applicability.--Notwithstanding any other 
        provision of law, the use of the alternative relocation 
        payment process established under this section on a 
        project funded under title 23, United States Code, and 
        administered by the Federal Highway Administration is 
        not a major Federal action requiring analysis or 
        approval under the National Environmental Policy Act of 
        1969 (42 U.S.C. 4321 et seq.).
  (b) Uniform Relocation Assistance Act Amendments.--
          (1) Moving and related expenses.--Section 202 of the 
        Uniform Relocation Assistance and Real Property 
        Acquisition Policies Act of 1970 (42 U.S.C. 4622) is 
        amended--
                  (A) in subsection (a)(4) by striking 
                ``$10,000'' and inserting ``$25,000, as 
                adjusted by regulation, in accordance with 
                section 213(d)''; and
                  (B) in the second sentence of subsection (c) 
                by striking ``$20,000'' and inserting 
                ``$40,000, as adjusted by regulation, in 
                accordance with section 213(d)''.
          (2) Replacement housing for homeowners.--The first 
        sentence of section 203(a)(1) of the Uniform Relocation 
        Assistance and Real Property Acquisition Policies Act 
        of 1970 (42 U.S.C. 4623(a)(1)) is amended by--
                  (A) striking ``$22,500'' and inserting 
                ``$31,000, as adjusted by regulation, in 
                accordance with section 213(d),''; and
                  (B) striking ``one hundred and eighty days 
                prior to'' and inserting ``90 days before''.
          (3) Replacement housing for tenants and certain 
        others.--Section 204 of the Uniform Relocation 
        Assistance and Real Property Acquisition Policies Act 
        of 1970 (42 U.S.C. 4624) is amended--
                  (A) in the second sentence of subsection (a) 
                by striking ``$5,250'' and inserting ``$7,200, 
                as adjusted by regulation, in accordance with 
                section 213(d)''; and
                  (B) in the second sentence of subsection (b) 
                by striking ``, except'' and all that follows 
                through the end of the subsection and inserting 
                a period.
          (4) Duties of lead agency.--Section 213 of the 
        Uniform Relocation Assistance and Real Property 
        Acquisition Policies Act of 1970 (42 U.S.C. 4633) is 
        amended--
                  (A) in subsection (b)--
                          (i) in paragraph (2) by striking 
                        ``and'';
                          (ii) in paragraph (3) by striking the 
                        period and inserting ``; and''; and
                          (iii) by adding at the end the 
                        following:
          ``(4) that each Federal agency that has programs or 
        projects requiring the acquisition of real property or 
        causing a displacement from real property subject to 
        the provisions of this Act shall provide to the lead 
        agency an annual summary report that describes the 
        activities conducted by the Federal agency.''; and
                  (B) by adding at the end the following:
  ``(d) Adjustment of Payments.--The head of the lead agency 
may adjust, by regulation, the amounts of relocation payments 
provided under sections 202(a)(4), 202(c), 203(a), and 204(a) 
if the head of the lead agency determines that cost of living, 
inflation, or other factors indicate that the payments should 
be adjusted to meet the policy objectives of this Act.''.
          (5) Agency coordination.--Title II of the Uniform 
        Relocation Assistance and Real Property Acquisition 
        Policies Act of 1970 (42 U.S.C. 4601 et seq.) is 
        amended by inserting after section 213 (42 U.S.C. 4633) 
        the following:

``SEC. 214. AGENCY COORDINATION.

  ``(a) Agency Capacity.--Each Federal agency responsible for 
funding or carrying out relocation and acquisition activities 
shall have adequately trained personnel and such other 
resources as are necessary to manage and oversee the relocation 
and acquisition program of the Federal agency in accordance 
with this Act.
  ``(b) Interagency Agreements.--Not later than 1 year after 
the date of the enactment of this section, each Federal agency 
responsible for funding relocation and acquisition activities 
(other than the agency serving as the lead agency) shall enter 
into a memorandum of understanding with the lead agency that--
          ``(1) provides for periodic training of the personnel 
        of the Federal agency, which in the case of a Federal 
        agency that provides Federal financial assistance, may 
        include personnel of any displacing agency that 
        receives Federal financial assistance;
          ``(2) addresses ways in which the lead agency may 
        provide assistance and coordination to the Federal 
        agency relating to compliance with this Act on a 
        program or project basis; and
          ``(3) addresses the funding of the training, 
        assistance, and coordination activities provided by the 
        lead agency, in accordance with subsection (c).
  ``(c) Interagency Payments.--
          ``(1) In general.--For the fiscal year that begins 1 
        year after the date of the enactment of this section, 
        and each fiscal year thereafter, each Federal agency 
        responsible for funding relocation and acquisition 
        activities (other than the agency serving as the lead 
        agency) shall transfer to the lead agency for the 
        fiscal year, such funds as are necessary, but not less 
        than $35,000, to support the training, assistance, and 
        coordination activities of the lead agency described in 
        subsection (b).
          ``(2) Included costs.--The cost to a Federal agency 
        of providing the funds described in paragraph (1) shall 
        be included as part of the cost of 1 or more programs 
        or projects undertaken by the Federal agency or with 
        Federal financial assistance that result in the 
        displacement of persons or the acquisition of real 
        property.''.
  (c) Cooperation With Federal Agencies.--Section 308(a) is 
amended to read as follows:
  ``(a) Authorized Activities.--
          ``(1) In general.--The Secretary may perform, by 
        contract or otherwise, authorized engineering or other 
        services in connection with the survey, construction, 
        maintenance, or improvement of highways for other 
        Federal agencies, cooperating foreign countries, and 
        State cooperating agencies.
          ``(2) Inclusions.--Services authorized under 
        paragraph (1) may include activities authorized under 
        section 214 of the Uniform Relocation Assistance and 
        Real Property Acquisition Policies Act of 1970 (42 
        U.S.C. 4601 et seq.).
          ``(3) Reimbursement.--Reimbursement for services 
        carried out under this subsection, including 
        depreciation on engineering and road-building 
        equipment, shall be credited to the applicable 
        appropriation.''.


----------


   3. An Amendment To Be Offered by Representative McKinley of West 
           Virginia or His Designee, Debatable for 10 Minutes

  At the end of the bill, add the following (and conform the 
table of contents of the bill accordingly):

                  TITLE IV--COAL COMBUSTION RESIDUALS

SEC. 401. HIGHWAY AND INFRASTRUCTURE SAFETY THROUGH THE PROTECTION OF 
                    COAL COMBUSTION RESIDUAL RECYCLING.

  (a) In General.--Subtitle D of the Solid Waste Disposal Act 
(42 U.S.C. 6941 et seq.) is amended by adding at the end the 
following new section:

``SEC. 4011. MANAGEMENT AND DISPOSAL OF COAL COMBUSTION RESIDUALS.

  ``(a) State Permit Programs for Coal Combustion Residuals.--
Each State may adopt and implement a coal combustion residuals 
permit program.
  ``(b) State Actions.--
          ``(1) Notification.--Not later than 6 months after 
        the date of enactment of this section (except as 
        provided by the deadline identified under subsection 
        (d)(2)(B)), the Governor of each State shall notify the 
        Administrator, in writing, whether such State will 
        adopt and implement a coal combustion residuals permit 
        program.
          ``(2) Certification.--
                  ``(A) In general.--Not later than 36 months 
                after the date of enactment of this section 
                (except as provided in subsections (f)(1)(A) 
                and (f)(1)(C)), in the case of a State that has 
                notified the Administrator that it will 
                implement a coal combustion residuals permit 
                program, the head of the lead State agency 
                responsible for implementing the coal 
                combustion residuals permit program shall 
                submit to the Administrator a certification 
                that such coal combustion residuals permit 
                program meets the specifications described in 
                subsection (c)(1).
                  ``(B) Contents.--A certification submitted 
                under this paragraph shall include--
                          ``(i) a letter identifying the lead 
                        State agency responsible for 
                        implementing the coal combustion 
                        residuals permit program, signed by the 
                        head of such agency;
                          ``(ii) identification of any other 
                        State agencies involved with the 
                        implementation of the coal combustion 
                        residuals permit program;
                          ``(iii) a narrative description that 
                        provides an explanation of how the 
                        State will ensure that the coal 
                        combustion residuals permit program 
                        meets the requirements of this section, 
                        including a description of the 
                        State's--
                                  ``(I) process to inspect or 
                                otherwise determine compliance 
                                with such permit program;
                                  ``(II) process to enforce the 
                                requirements of such permit 
                                program; and
                                  ``(III) public participation 
                                process for the promulgation, 
                                amendment, or repeal of 
                                regulations for, and the 
                                issuance of permits under, such 
                                permit program;
                          ``(iv) a legal certification that the 
                        State has, at the time of 
                        certification, fully effective statutes 
                        or regulations necessary to implement a 
                        coal combustion residuals permit 
                        program that meets the specifications 
                        described in subsection (c)(1); and
                          ``(v) copies of State statutes and 
                        regulations described in clause (iv).
          ``(3) Maintenance of 4005(c) or 3006 program.--In 
        order to adopt or implement a coal combustion residuals 
        permit program under this section (including pursuant 
        to subsection (f)), the State agency responsible for 
        implementing a coal combustion residuals permit program 
        in a State shall maintain an approved program under 
        section 4005(c) or an authorized program under section 
        3006.
  ``(c) Permit Program Specifications.--
          ``(1) Minimum requirements.--The specifications 
        described in this subsection for a coal combustion 
        residuals permit program are as follows:
                  ``(A) The revised criteria described in 
                paragraph (2) shall apply to a coal combustion 
                residuals permit program, except as provided in 
                paragraph (3).
                  ``(B) Each structure shall be, in accordance 
                with generally accepted engineering standards 
                for the structural integrity of such 
                structures, designed, constructed, and 
                maintained to provide for containment of the 
                maximum volumes of coal combustion residuals 
                appropriate for the structure. If a structure 
                is determined by the head of the agency 
                responsible for implementing the coal 
                combustion residuals permit program to be 
                deficient, the head of such agency has 
                authority to require action to correct the 
                deficiency according to a schedule determined 
                by such agency. If the identified deficiency is 
                not corrected according to such schedule, the 
                head of such agency has authority to require 
                that the structure close in accordance with 
                subsection (h).
                  ``(C) The coal combustion residuals permit 
                program shall apply the revised criteria 
                promulgated pursuant to section 4010(c) for 
                location, design, groundwater monitoring, 
                corrective action, financial assurance, 
                closure, and post-closure described in 
                paragraph (2) and the specifications described 
                in this paragraph to surface impoundments.
                  ``(D) If a structure that is classified as 
                posing a high hazard potential pursuant to the 
                guidelines published by the Federal Emergency 
                Management Agency entitled `Federal Guidelines 
                for Dam Safety: Hazard Potential Classification 
                System for Dams' (FEMA Publication Number 333) 
                is determined by the head of the agency 
                responsible for implementing the coal 
                combustion residuals permit program to be 
                deficient with respect to the structural 
                integrity requirement in subparagraph (B), the 
                head of such agency has authority to require 
                action to correct the deficiency according to a 
                schedule determined by such agency. If the 
                identified deficiency is not corrected 
                according to such schedule, the head of such 
                agency has authority to require that the 
                structure close in accordance with subsection 
                (h).
                  ``(E) New structures that first receive coal 
                combustion residuals after the date of 
                enactment of this section shall be constructed 
                with a base located a minimum of two feet above 
                the upper limit of the natural water table.
                  ``(F) In the case of a coal combustion 
                residuals permit program implemented by a 
                State, the State has the authority to inspect 
                structures and implement and enforce such 
                permit program.
                  ``(G) In the case of a coal combustion 
                residuals permit program implemented by a 
                State, the State has the authority to address 
                wind dispersal of dust from coal combustion 
                residuals by requiring dust control measures, 
                as determined appropriate by the head of the 
                lead State agency responsible for implementing 
                the coal combustion residuals permit program.
          ``(2) Revised criteria.--The revised criteria 
        described in this paragraph are--
                  ``(A) the revised criteria for design, 
                groundwater monitoring, corrective action, 
                closure, and post-closure, for structures, 
                including--
                          ``(i) for new structures, and lateral 
                        expansions of existing structures, that 
                        first receive coal combustion residuals 
                        after the date of enactment of this 
                        section, the revised criteria regarding 
                        design requirements described in 
                        section 258.40 of title 40, Code of 
                        Federal Regulations; and
                          ``(ii) for all structures that 
                        receive coal combustion residuals after 
                        the date of enactment of this section, 
                        the revised criteria regarding 
                        groundwater monitoring and corrective 
                        action requirements described in 
                        subpart E of part 258 of title 40, Code 
                        of Federal Regulations, except that, 
                        for the purposes of this paragraph, 
                        such revised criteria shall also 
                        include--
                                  ``(I) for the purposes of 
                                detection monitoring, the 
                                constituents boron, chloride, 
                                conductivity, fluoride, 
                                mercury, pH, sulfate, sulfide, 
                                and total dissolved solids; and
                                  ``(II) for the purposes of 
                                assessment monitoring, the 
                                constituents aluminum, boron, 
                                chloride, fluoride, iron, 
                                manganese, molybdenum, pH, 
                                sulfate, and total dissolved 
                                solids;
                  ``(B) the revised criteria for location 
                restrictions described in--
                          ``(i) for new structures, and lateral 
                        expansions of existing structures, that 
                        first receive coal combustion residuals 
                        after the date of enactment of this 
                        section, sections 258.11 through 258.15 
                        of title 40, Code of Federal 
                        Regulations; and
                          ``(ii) for existing structures that 
                        receive coal combustion residuals after 
                        the date of enactment of this section, 
                        sections 258.11 and 258.15 of title 40, 
                        Code of Federal Regulations;
                  ``(C) for all structures that receive coal 
                combustion residuals after the date of 
                enactment of this section, the revised criteria 
                for air quality described in section 258.24 of 
                title 40, Code of Federal Regulations;
                  ``(D) for all structures that receive coal 
                combustion residuals after the date of 
                enactment of this section, the revised criteria 
                for financial assurance described in subpart G 
                of part 258 of title 40, Code of Federal 
                Regulations;
                  ``(E) for all structures that receive coal 
                combustion residuals after the date of 
                enactment of this section, the revised criteria 
                for surface water described in section 258.27 
                of title 40, Code of Federal Regulations;
                  ``(F) for all structures that receive coal 
                combustion residuals after the date of 
                enactment of this section, the revised criteria 
                for recordkeeping described in section 258.29 
                of title 40, Code of Federal Regulations;
                  ``(G) for landfills and other land-based 
                units, other than surface impoundments, that 
                receive coal combustion residuals after the 
                date of enactment of this section, the revised 
                criteria for run-on and run-off control systems 
                described in section 258.26 of title 40, Code 
                of Federal Regulations; and
                  ``(H) for surface impoundments that receive 
                coal combustion residuals after the date of 
                enactment of this section, the revised criteria 
                for run-off control systems described in 
                section 258.26(a)(2) of title 40, Code of 
                Federal Regulations.
          ``(3) Applicability of certain requirements.--A State 
        may determine that one or more of the requirements of 
        the revised criteria described in paragraph (2) is not 
        needed for the management of coal combustion residuals 
        in that State, and may decline to apply such 
        requirement as part of its coal combustion residuals 
        permit program. If a State declines to apply a 
        requirement under this paragraph, the State shall 
        include in the certification under subsection (b)(2) a 
        description of such requirement and the reasons such 
        requirement is not needed in the State. If the 
        Administrator determines that a State determination 
        under this paragraph does not accurately reflect the 
        needs for the management of coal combustion residuals 
        in the State, the Administrator may treat such State 
        determination as a deficiency under subsection (d).
  ``(d) Written Notice and Opportunity to Remedy.--
          ``(1) In general.--The Administrator shall provide to 
        a State written notice and an opportunity to remedy 
        deficiencies in accordance with paragraph (2) if at any 
        time the State--
                  ``(A) does not satisfy the notification 
                requirement under subsection (b)(1);
                  ``(B) has not submitted a certification under 
                subsection (b)(2);
                  ``(C) does not satisfy the maintenance 
                requirement under subsection (b)(3); or
                  ``(D) is not implementing a coal combustion 
                residuals permit program that meets the 
                specifications described in subsection (c)(1).
          ``(2) Contents of notice; deadline for response.--A 
        notice provided under this subsection shall--
                  ``(A) include findings of the Administrator 
                detailing any applicable deficiencies in--
                          ``(i) compliance by the State with 
                        the notification requirement under 
                        subsection (b)(1);
                          ``(ii) compliance by the State with 
                        the certification requirement under 
                        subsection (b)(2);
                          ``(iii) compliance by the State with 
                        the maintenance requirement under 
                        subsection (b)(3); and
                          ``(iv) the State coal combustion 
                        residuals permit program in meeting the 
                        specifications described in subsection 
                        (c)(1); and
                  ``(B) identify, in collaboration with the 
                State, a reasonable deadline, which shall be 
                not sooner than 6 months after the State 
                receives the notice, by which the State shall 
                remedy the deficiencies detailed under 
                subparagraph (A).
  ``(e) Implementation by Administrator.--
          ``(1) In general.--The Administrator shall implement 
        a coal combustion residuals permit program for a State 
        only in the following circumstances:
                  ``(A) If the Governor of such State notifies 
                the Administrator under subsection (b)(1) that 
                such State will not adopt and implement such a 
                permit program.
                  ``(B) If such State has received a notice 
                under subsection (d) and, after any review 
                brought by the State under section 7006, fails, 
                by the deadline identified in such notice under 
                subsection (d)(2)(B), to remedy the 
                deficiencies detailed in such notice under 
                subsection (d)(2)(A).
                  ``(C) If such State informs the 
                Administrator, in writing, that such State will 
                no longer implement such a permit program.
          ``(2) Requirements.--If the Administrator implements 
        a coal combustion residuals permit program for a State 
        under paragraph (1), such permit program shall consist 
        of the specifications described in subsection (c)(1).
          ``(3) Enforcement.--If the Administrator implements a 
        coal combustion residuals permit program for a State 
        under paragraph (1), the authorities referred to in 
        section 4005(c)(2)(A) shall apply with respect to coal 
        combustion residuals and structures and the 
        Administrator may use such authorities to inspect, 
        gather information, and enforce the requirements of 
        this section in the State.
  ``(f) State Control After Implementation by Administrator.--
          ``(1) State control.--
                  ``(A) New adoption and implementation by 
                state.--For a State for which the Administrator 
                is implementing a coal combustion residuals 
                permit program under subsection (e)(1)(A), the 
                State may adopt and implement such a permit 
                program by--
                          ``(i) notifying the Administrator 
                        that the State will adopt and implement 
                        such a permit program;
                          ``(ii) not later than 6 months after 
                        the date of such notification, 
                        submitting to the Administrator a 
                        certification under subsection (b)(2); 
                        and
                          ``(iii) receiving from the 
                        Administrator--
                                  ``(I) a determination that 
                                the State coal combustion 
                                residuals permit program meets 
                                the specifications described in 
                                subsection (c)(1); and
                                  ``(II) a timeline for 
                                transition of control of the 
                                coal combustion residuals 
                                permit program.
                  ``(B) Remedying deficient permit program.--
                For a State for which the Administrator is 
                implementing a coal combustion residuals permit 
                program under subsection (e)(1)(B), the State 
                may adopt and implement such a permit program 
                by--
                          ``(i) remedying the deficiencies 
                        detailed in the notice provided under 
                        subsection (d)(2)(A); and
                          ``(ii) receiving from the 
                        Administrator--
                                  ``(I) a determination that 
                                the deficiencies detailed in 
                                such notice have been remedied; 
                                and
                                  ``(II) a timeline for 
                                transition of control of the 
                                coal combustion residuals 
                                permit program.
                  ``(C) Resumption of implementation by 
                state.--For a State for which the Administrator 
                is implementing a coal combustion residuals 
                permit program under subsection (e)(1)(C), the 
                State may adopt and implement such a permit 
                program by--
                          ``(i) notifying the Administrator 
                        that the State will adopt and implement 
                        such a permit program;
                          ``(ii) not later than 6 months after 
                        the date of such notification, 
                        submitting to the Administrator a 
                        certification under subsection (b)(2); 
                        and
                          ``(iii) receiving from the 
                        Administrator--
                                  ``(I) a determination that 
                                the State coal combustion 
                                residuals permit program meets 
                                the specifications described in 
                                subsection (c)(1); and
                                  ``(II) a timeline for 
                                transition of control of the 
                                coal combustion residuals 
                                permit program.
          ``(2) Review of determination.--
                  ``(A) Determination required.--The 
                Administrator shall make a determination under 
                paragraph (1) not later than 90 days after the 
                date on which the State submits a certification 
                under paragraph (1)(A)(ii) or (1)(C)(ii), or 
                notifies the Administrator that the 
                deficiencies have been remedied pursuant to 
                paragraph (1)(B)(i), as applicable.
                  ``(B) Review.--A State may obtain a review of 
                a determination by the Administrator under 
                paragraph (1) as if such determination was a 
                final regulation for purposes of section 7006.
          ``(3) Implementation during transition.--
                  ``(A) Effect on actions and orders.--Actions 
                taken or orders issued pursuant to a coal 
                combustion residuals permit program shall 
                remain in effect if--
                          ``(i) a State takes control of its 
                        coal combustion residuals permit 
                        program from the Administrator under 
                        paragraph (1); or
                          ``(ii) the Administrator takes 
                        control of a coal combustion residuals 
                        permit program from a State under 
                        subsection (e).
                  ``(B) Change in requirements.--Subparagraph 
                (A) shall apply to such actions and orders 
                until such time as the Administrator or the 
                head of the lead State agency responsible for 
                implementing the coal combustion residuals 
                permit program, as applicable--
                          ``(i) implements changes to the 
                        requirements of the coal combustion 
                        residuals permit program with respect 
                        to the basis for the action or order; 
                        or
                          ``(ii) certifies the completion of a 
                        corrective action that is the subject 
                        of the action or order.
          ``(4) Single permit program.--If a State adopts and 
        implements a coal combustion residuals permit program 
        under this subsection, the Administrator shall cease to 
        implement the permit program implemented under 
        subsection (e) for such State.
  ``(g) Effect on Determination Under 4005(c) or 3006.--The 
Administrator shall not consider the implementation of a coal 
combustion residuals permit program by the Administrator under 
subsection (e) in making a determination of approval for a 
permit program or other system of prior approval and conditions 
under section 4005(c) or of authorization for a program under 
section 3006.
  ``(h) Closure.--If it is determined, pursuant to a coal 
combustion residuals permit program, that a structure should 
close, the time period and method for the closure of such 
structure shall be set forth in a closure plan that establishes 
a deadline for completion and that takes into account the 
nature and the site-specific characteristics of the structure 
to be closed. In the case of a surface impoundment, the closure 
plan shall require, at a minimum, the removal of liquid and the 
stabilization of remaining waste, as necessary to support the 
final cover.
  ``(i) Authority.--
          ``(1) State authority.--Nothing in this section shall 
        preclude or deny any right of any State to adopt or 
        enforce any regulation or requirement respecting coal 
        combustion residuals that is more stringent or broader 
        in scope than a regulation or requirement under this 
        section.
          ``(2) Authority of the administrator.--
                  ``(A) In general.--Except as provided in 
                subsection (e) of this section and section 6005 
                of this title, the Administrator shall, with 
                respect to the regulation of coal combustion 
                residuals, defer to the States pursuant to this 
                section.
                  ``(B) Imminent hazard.--Nothing in this 
                section shall be construed to affect the 
                authority of the Administrator under section 
                7003 with respect to coal combustion residuals.
                  ``(C) Technical and enforcement assistance 
                only upon request.--Upon request from the head 
                of a lead State agency that is implementing a 
                coal combustion residuals permit program, the 
                Administrator may provide to such State agency 
                only the technical or enforcement assistance 
                requested.
          ``(3) Citizen suits.--Nothing in this section shall 
        be construed to affect the authority of a person to 
        commence a civil action in accordance with section 
        7002.
  ``(j) Mine Reclamation Activities.--A coal combustion 
residuals permit program implemented under subsection (e) by 
the Administrator shall not apply to the utilization, 
placement, and storage of coal combustion residuals at surface 
mining and reclamation operations.
  ``(k) Definitions.--In this section:
          ``(1) Coal combustion residuals.--The term `coal 
        combustion residuals' means--
                  ``(A) the solid wastes listed in section 
                3001(b)(3)(A)(i), including recoverable 
                materials from such wastes;
                  ``(B) coal combustion wastes that are co-
                managed with wastes produced in conjunction 
                with the combustion of coal, provided that such 
                wastes are not segregated and disposed of 
                separately from the coal combustion wastes and 
                comprise a relatively small proportion of the 
                total wastes being disposed in the structure;
                  ``(C) fluidized bed combustion wastes;
                  ``(D) wastes from the co-burning of coal with 
                non-hazardous secondary materials provided that 
                coal makes up at least 50 percent of the total 
                fuel burned; and
                  ``(E) wastes from the co-burning of coal with 
                materials described in subparagraph (A) that 
                are recovered from monofills.
          ``(2) Coal combustion residuals permit program.--The 
        term `coal combustion residuals permit program' means a 
        permit program or other system of prior approval and 
        conditions that is adopted by or for a State for the 
        management and disposal of coal combustion residuals to 
        the extent such activities occur in structures in such 
        State.
          ``(3) Structure.--The term `structure' means a 
        landfill, surface impoundment, or other land-based unit 
        which may receive coal combustion residuals.
          ``(4) Revised criteria.--The term `revised criteria' 
        means the criteria promulgated for municipal solid 
        waste landfill units under section 4004(a) and under 
        section 1008(a)(3), as revised under section 4010(c) in 
        accordance with the requirement of such section that 
        the criteria protect human health and the 
        environment.''.
  (b) 2000 Regulatory Determination.--Nothing in this section, 
or the amendments made by this section, shall be construed to 
alter in any manner the Environmental Protection Agency's 
regulatory determination entitled ``Notice of Regulatory 
Determination on Wastes from the Combustion of Fossil Fuels'', 
published at 65 Fed. Reg. 32214 (May 22, 2000), that the fossil 
fuel combustion wastes addressed in that determination do not 
warrant regulation under subtitle C of the Solid Waste Disposal 
Act (42 U.S.C. 6921 et seq.).
  (c) Conforming Amendment.--The table of contents contained in 
section 1001 of the Solid Waste Disposal Act is amended by 
inserting after the item relating to section 4010 the 
following:

``Sec. 4011. Management and disposal of coal combustion residuals.''.

                                  
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