[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2766 Introduced in House (IH)]
112th CONGRESS
1st Session
H. R. 2766
To amend titles 23 and 49, United States Code, to accelerate the
delivery process for highway and public transportation construction
projects, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
August 1, 2011
Mr. Gary G. Miller of California (for himself and Mr. Hunter)
introduced the following bill; which was referred to the Committee on
Transportation and Infrastructure
_______________________________________________________________________
A BILL
To amend titles 23 and 49, United States Code, to accelerate the
delivery process for highway and public transportation construction
projects, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Breaking Down
Barriers Act of 2011''.
(b) Table of Contents.--
Sec. 1. Short title; table of contents.
Sec. 2. Advance construction of highway projects.
Sec. 3. Surface transportation project delivery pilot program.
Sec. 4. Methods to consolidate and streamline environmental impact
statement processing.
Sec. 5. Categorical exclusions.
Sec. 6. Administration of highway and public transportation projects
with high non-Federal shares.
Sec. 7. Requirements for prompt payments and approvals by the Secretary
of Transportation.
Sec. 8. Assistance to State and Federal agencies.
SEC. 2. ADVANCE CONSTRUCTION OF HIGHWAY PROJECTS.
(a) Finding.--Congress finds that it is in the public interest for
the Secretary of Transportation to allow States to carry out advance
construction activities under section 115 of title 23, United States
Code, as a method for accelerating the delivery of highway projects and
creating jobs.
(b) Preapproval Spending; Letters of No Prejudice.--Section 115 of
title 23, United States Code, is amended by adding at the end the
following:
``(d) Preapproval Spending.--In approving an application for a
project under this section, the Secretary may include as part of the
project activities carried out by the State before the date of approval
of the application if the Secretary determines that the activities were
carried out in accordance with the requirements applicable to the
project.
``(e) Letters of No Prejudice.--
``(1) Issuance.--The Secretary may issue letters of no
prejudice for projects under this section in the same manner as
the Secretary issues such letters for public transportation
projects under sections 5307 and 5309 of title 49.
``(2) Timing.--To accelerate project delivery, the
Secretary may issue a letter of no prejudice for a project at
the time the project is included in the transportation
improvement program of the State developed under section 135(f)
or as soon as practicable thereafter.''.
SEC. 3. SURFACE TRANSPORTATION PROJECT DELIVERY PILOT PROGRAM.
Section 327 of title 23, United States Code, is amended--
(1) in the section heading by striking ``pilot'';
(2) in subsection (a)(1) by striking ``pilot'';
(3) in subsection (a)(2)--
(A) 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.''; and
(B) by adding at the end the following:
``(F) Preservation of flexibility.--The Secretary
shall not require a State, as a condition of
participation in this program, to forego project
delivery methods that are otherwise permissible for
highway projects.
``(G) Highway project.--A highway project under
subparagraph (A) includes any project eligible under
this title. With respect to such a project, a State may
assume the responsibilities administered by the Federal
Highway Administration, but the State may not assume
the responsibilities of any other modal administration
within the Department.'';
(4) in subsection (b)--
(A) by striking paragraph (1) and inserting the
following:
``(1) Participating states.--
``(A) In general.--All States are eligible to
participate in the program.
``(B) Special rule.--Any State participating in the
program under this section on September 30, 2009, shall
be permitted by the Secretary to continue to
participate in the program and such State shall not
have to submit an application under paragraph (2) in
order to participate in the program.''; and
(B) in paragraph (2) by striking ``this section,
the Secretary shall promulgate'' and inserting ``the
Breaking Down Barriers Act of 2011, the Secretary shall
modify, as appropriate,''; and
(5) by striking subsection (i) and inserting the following:
``(i) 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 Secretary.''.
SEC. 4. METHODS TO CONSOLIDATE AND STREAMLINE ENVIRONMENTAL IMPACT
STATEMENT PROCESSING.
(a) Study.--The Comptroller General of the United States shall
conduct a study on methods to consolidate and streamline the
environmental impact statement process as the process applies to the
construction of Federal-aid highway and highway safety construction
projects and public transportation projects.
(b) Contents.--The study shall focus on current procedures for
environmental impact statements and the feasibility modernizing those
procedures to include new media and other communication techniques.
(c) Report to Congress.--Not later than 270 days after the date of
enactment of this Act, the Comptroller General shall submit to Congress
a report on the results of the study.
SEC. 5. CATEGORICAL EXCLUSIONS.
(a) Recommendations for Expanding List of Categorical Exclusions.--
The Secretary of Transportation, in consultation with the Administrator
of the Federal Highway Administration and the Administrator of the
Federal Transit Administration, shall develop recommendations for
expanding the list of activities that are included within classes of
action, identified in regulation by the Secretary, that are
categorically excluded from requirements for environmental assessments
or environmental impact statements pursuant to regulations promulgated
by the Council on Environmental Quality under part 1500 of title 40,
Code of Federal Regulations.
(b) Participation of Recipients.--In developing the
recommendations, the Secretary shall solicit comments from States and
other recipients of assistance under title 23, United States Code, and
chapter 53 of title 49, United States Code.
(c) Report to Congress.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall submit to Congress a report
on the recommendations developed under subsection (a).
SEC. 6. ADMINISTRATION OF HIGHWAY AND PUBLIC TRANSPORTATION PROJECTS
WITH HIGH NON-FEDERAL SHARES.
(a) Highway Projects.--Section 106 of title 23, United States Code,
is amended by adding at the end the following:
``(j) Administration of Projects With High Non-Federal Shares.--
``(1) Delegation of federal responsibilities.--In carrying
out subsection (b), the Secretary may enter into an agreement
to permit a State to assume all of the responsibilities of the
Secretary for a project funded using amounts apportioned to the
State under this title if the State certifies that--
``(A) the project will be carried in accordance
with the requirements applicable to the project; and
``(B) at least two-thirds of the total cost of the
project will be derived from State funds.
``(2) Termination of agreements.--The Secretary may
terminate an agreement entered into for a project under
paragraph (1) if the Secretary determines that a requirement
applicable to the project is not being met.''.
(b) Public Transportation Projects.--Section 5334 of title 49,
United States Code, is amended by adding at the end the following:
``(m) Administration of Projects With High Non-Federal Shares.--
``(1) Delegation of federal responsibilities.--The
Secretary may enter into an agreement to permit a recipient of
funds under section 5307 or 5311 to assume all of the
responsibilities of the Secretary for a project funded using
such funds if the recipient certifies that--
``(A) the project will be carried in accordance
with the requirements applicable to the project; and
``(B) at least two-thirds of the total cost of the
project will be derived from non-Federal sources.
``(2) Termination of agreements.--The Secretary may
terminate an agreement entered into for a project under
paragraph (1) if the Secretary determines that a requirement
applicable to the project is not being met.''.
SEC. 7. REQUIREMENTS FOR PROMPT PAYMENTS AND APPROVALS BY THE SECRETARY
OF TRANSPORTATION.
(a) Extension of Highway Prompt Payment Program to Other DOT
Programs.--The Secretary of Transportation shall extend the prompt
payment program that applies to Federal-aid highway and highway safety
construction projects to cover other transportation construction
projects for which funding is provided by the Secretary.
(b) Deadlines for Federal Approval Actions.--
(1) Regulations.--The Secretary of Transportation shall
issue regulations to establish deadlines for Federal actions
relating to the approval of projects under title 23, United
States Code, and chapter 53 of title 49, United States Code.
(2) Failure to meet approval deadlines.--Regulations issued
under paragraph (1) shall provide that if an application is
submitted to the Secretary for approval of a project under
title 23, United States Code, or chapter 53 of title 49, United
States Code, and the Secretary does not act on the application
on or before the deadline established for that action under
such regulations, the application shall be treated as having
been approved.
(3) Deadline for issuance of final regulations.--Not later
than 1 year after the date of enactment of this Act, the
Secretary shall issue final regulations under paragraph (1).
SEC. 8. ASSISTANCE TO STATE AND FEDERAL AGENCIES.
Section 139(j)(2) of title 23, United States Code, is amended by
adding at the end the following: ``Such activities may include
activities that extend beyond environmental work to other aspects and
modes of program and project delivery.''.
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