[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 1254 Introduced in Senate (IS)]
<DOC>
117th CONGRESS
1st Session
S. 1254
To improve the processes by which environmental documents are prepared
and permits and applications are processed and regulated by Federal
departments and agencies, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 20, 2021
Mr. Sullivan introduced the following bill; which was read twice and
referred to the Committee on Environment and Public Works
_______________________________________________________________________
A BILL
To improve the processes by which environmental documents are prepared
and permits and applications are processed and regulated by Federal
departments and agencies, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Rebuild America
Now Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--ENVIRONMENTAL AND PROJECT REVIEW MODERNIZATION
Sec. 101. Expansion of State responsibility for categorical exclusions.
Sec. 102. National Environmental Policy Act of 1969 reform.
Sec. 103. Designation of categorical exclusions for emergency projects
and structurally deficient infrastructure.
Sec. 104. Categorical exclusion for projects of limited Federal
assistance.
Sec. 105. Simplifying environmental documents.
Sec. 106. Permittee bill of rights.
Sec. 107. Policy review under Clean Air Act.
TITLE II--JUDICIAL PROVISIONS
Sec. 201. Deadline for filing energy-related causes of action.
Sec. 202. Limiting sue and settle practices.
TITLE III--NATURAL GAS PIPELINE PERMITTING EFFICIENCY
Sec. 301. Regulatory approval of natural gas pipeline projects.
Sec. 302. Rights-of-way for public utilities.
TITLE IV--TRANSPORTATION CONFORMITY REFORM
Sec. 401. Limitations on certain Federal assistance under Clean Air
Act.
Sec. 402. Study on transportation air quality conformity under Clean
Air Act.
TITLE V--INCREASING STATE AUTHORITY AND COLLABORATION IN REVIEWING
TRANSPORTATION PROJECTS
Sec. 501. Federal-State project agreements.
Sec. 502. Project approval and oversight for high risk projects.
Sec. 503. Advance acquisition of real property.
Sec. 504. Agreements relating to use of, and access to, rights-of-way
on Interstate System.
TITLE I--ENVIRONMENTAL AND PROJECT REVIEW MODERNIZATION
SEC. 101. EXPANSION OF STATE RESPONSIBILITY FOR CATEGORICAL EXCLUSIONS.
Section 326 of title 23, United States Code, is amended--
(1) in subsection (a)--
(A) in paragraph (1), by striking ``certain
designated activities are included within classes of
action identified in regulation by the Secretary that
are'' and inserting ``any activity is included within a
class of action identified in a regulation of the
Secretary that is''; and
(B) in paragraph (2), by striking ``and only for
types of activities specifically designated by the
Secretary''; and
(2) in subsection (b)(1), by inserting ``(including the
responsibility for making conformity determinations under the
Clean Air Act (42 U.S.C. 7401 et seq.))'' after ``categorical
exclusions''.
SEC. 102. NATIONAL ENVIRONMENTAL POLICY ACT OF 1969 REFORM.
(a) In General.--The National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.) is amended by adding at the end the following:
``TITLE III--INTERAGENCY COORDINATION RELATING TO PERMITTING
``SEC. 301. INTERAGENCY COORDINATION RELATING TO PERMITTING.
``(a) Preparation of Environmental Documents.--An agency or other
entity seeking approval of, or otherwise responsible for carrying out,
a project (referred to in this section as the `project sponsor'), may
prepare an environmental impact statement or environmental assessment
for the purpose of an environmental review in support of the project
for approval by the lead agency of the project if, before the project
sponsor takes any action or seeks any approval based on the
environmental document, the lead agency--
``(1) provides oversight in the preparation of the
environmental impact statement or environmental assessment;
``(2) independently evaluates the environmental impact
statement or environmental assessment; and
``(3) approves, within a reasonable time, and adopts the
environmental impact statement or environmental assessment.
``(b) Adoption and Use of Environmental Documents.--
``(1) Environmental impact statements and assessments.--
``(A) In general.--Except as provided in
subparagraph (B), the lead agency shall not prepare
more than 1 environmental impact statement and 1
environmental assessment under this Act for a project.
``(B) Exceptions.--The limitation in subparagraph
(A) shall not apply to--
``(i) a supplemental environmental
document; or
``(ii) an environmental impact statement or
environmental assessment prepared pursuant to a
court order.
``(C) Record of decision.--
``(i) In general.--Except as provided in
clause (ii), after the date on which the lead
agency issues a record of decision for a
project, the head of a Federal agency
responsible for approving the project shall not
rely on any environmental impact statement or
environmental assessment prepared before that
date.
``(ii) Environmental document of lead
agency.--Notwithstanding clause (i), the head
of a Federal agency may rely on an
environmental impact statement or environmental
assessment prepared by the lead agency after
the date on which the lead agency issues a
record of decision for the project.
``(D) Impact analysis.--On request by a project
sponsor, a lead agency may adopt, use, or rely on a
secondary or cumulative impact analysis that is
included in any environmental impact statement or
environmental assessment for a project located in the
geographical area that is the subject of the secondary
or cumulative impact analysis, if the secondary or
cumulative impact analysis provides information that is
applicable to the project.
``(2) State environmental documents.--
``(A) Adoption.--
``(i) In general.--On request by a project
sponsor and subject to clause (ii), a lead
agency may adopt as the environmental impact
statement or environmental assessment for a
project an environmental document prepared
under State law, if the State law provides
environmental protection and an opportunity for
public involvement that is substantially
similar to the environmental protection and
opportunity for public involvement under this
Act.
``(ii) Supplemental documents.--
``(I) In general.--A lead agency
shall prepare and publish a supplement
to an environmental document referred
to in clause (i) before adopting the
State environmental document if the
lead agency determines that--
``(aa) a significant change
has been made to the project
that is relevant for purposes
of the environmental review by
the lead agency; or
``(bb) there have been
significant changes in
circumstances or availability
of information relevant to that
environmental review.
``(II) Period of comment.--For any
supplemental document prepared and
published under subclause (I), the lead
agency may solicit comments from
agencies and the public for a period of
not more than 45 days beginning on the
date of the publication.
``(B) Obligation of lead agency.--The adoption of
an environmental document by a lead agency under
subparagraph (A)(i) satisfies the obligation of the
lead agency to prepare an environmental impact
statement or environmental assessment under this Act.
``(C) Record of decision.--With respect to a
project, the lead agency shall issue a record of
decision or finding of no significant impact, as
appropriate, based on--
``(i) the environmental document adopted
under subparagraph (A)(i); and
``(ii) any supplemental document prepared
under subparagraph (A)(ii).
``(3) Contemporaneous projects.--The lead agency may adopt
for a project an environmental impact statement or
environmental assessment that resulted from an environmental
review carried out for a similar project in geographical
proximity to the project, if the lead agency--
``(A) determines that--
``(i) there is a reasonable likelihood that
the project will have a similar environmental
impact as the similar project; and
``(ii) during the 5-year period ending on
the date on which the lead agency makes the
determination, the similar project was subject
to environmental review or similar State
procedures; and
``(B) adopts the environmental impact statement or
environmental assessment in accordance with paragraph
(2)(A).
``(c) Cooperating Agencies.--
``(1) In general.--The lead agency of a project shall--
``(A) be responsible for designating or inviting,
as applicable, cooperating agencies (within the meaning
of section 1501.6 of title 40, Code of Federal
Regulations (as in effect on the date of enactment of
this section)) in accordance with this subsection; and
``(B) provide to the head of each cooperating
agency a notice of the designation or invitation in
writing.
``(2) Federal cooperating agencies.--
``(A) In general.--Except as provided in
subparagraph (C), any Federal agency that is required
to adopt the environmental impact statement or
environmental assessment of the lead agency for a
project shall--
``(i) be designated as a cooperating
agency; and
``(ii) collaborate on the preparation of
the environmental impact statement or
environmental assessment.
``(B) Notification.--The lead agency shall provide
to the head of a Federal agency described in
subparagraph (A) a written notice of designation under
paragraph (1) that specifies a date by which the head
of the Federal agency shall respond.
``(C) Exception.--Notwithstanding subparagraph (A),
the head of a Federal agency may decline designation as
a cooperation agency if, not later than the date
specified by the lead agency under subparagraph (B),
the head of the Federal agency informs the lead agency
in writing that the Federal agency--
``(i) has no jurisdiction or authority with
respect to the project;
``(ii) has no expertise or information
relevant to the project; and
``(iii) does not intend to submit comments
on the project.
``(3) Other cooperating agencies.--
``(A) In general.--The lead agency shall identify,
as early as practicable in the environmental review for
a project, any official or agency other than an agency
described in paragraph (2) that may have an interest in
the project, including--
``(i) the Governor of an affected State;
and
``(ii) a local or tribal government.
``(B) Invitation.--
``(i) In general.--The lead agency shall
provide a written invitation to any agency or
official identified under subparagraph (A) to
become a cooperating agency in the
environmental review for the project.
``(ii) Deadline required.--
``(I) In general.--The invitation
described in clause (i) shall include a
deadline, not to exceed 30 days after
the date on which the invitation is
received, by which the invited agency
or official shall accept or decline the
invitation.
``(II) Extension.--The lead agency
may extend the deadline under subclause
(I) only for good cause shown.
``(C) Failure to respond.--An agency or official
that fails to respond to an invitation under
subparagraph (B)(i) before the deadline under
subparagraph (B)(ii) shall be considered to have
declined the invitation for designation.
``(D) Designation.--The lead agency shall designate
as a cooperating agency any agency or official that
accepts an invitation under subparagraph (B).
``(4) Effect of declining cooperating agency invitation.--
An agency or official that declines a designation or invitation
by the lead agency to be a cooperating agency for a project
shall be precluded from--
``(A) submitting comments on any environmental
impact statement or environmental assessment prepared
for the project; and
``(B) taking any action to oppose, based on the
environmental review, any permit, license, or approval
relating to the project.
``(5) Effect of designation.--Designation as a cooperating
agency under this subsection does not imply that the
cooperating agency--
``(A) supports a proposed project; or
``(B) has jurisdiction over, or special expertise
with respect to evaluation of, the project.
``(6) Concurrent reviews.--The head of each Federal agency
designated as a cooperating agency shall--
``(A) carry out the obligations of the Federal
agency under other applicable law concurrently and in
conjunction with the environmental review required for
the applicable project under this Act; and
``(B) in accordance with the rules promulgated by
the Council on Environmental Quality pursuant to
section 102(b)(1) of the Rebuild America Now Act,
develop and carry out such rules, policies, and
procedures as may be reasonably necessary to enable the
Federal agency to ensure completion of the
environmental review and environmental decisionmaking
process in a timely, coordinated, and environmentally
responsible manner.
``(7) Cooperating agency comments.--
``(A) In general.--In providing comments on a
project, a cooperating agency--
``(i) shall not provide comments on a
subject matter that does not relate to the
expertise and statutory authority of the
cooperating agency, as expressly delegated by
Congress; and
``(ii) shall identify in the comments of
the cooperating agency the legal authority of
the cooperating agency relating to the subject
matter of the comments.
``(B) Lead agency.--A lead agency shall not carry
out any action in response to, or include in any
document prepared under this Act, any comment submitted
by a cooperating agency that relates to a subject
matter outside the expertise and authority of the
cooperating agency.
``(d) Initiation of Environmental Review.--Not later than 45 days
after the date on which a lead agency receives an application for a
project from a project sponsor, the lead agency shall initiate an
environmental review of the project.
``(e) Alternatives Analysis.--
``(1) Participation of cooperating agencies.--As early as
practicable during the environmental review, but not later than
the period during which the preparation of an environmental
impact statement is required, the lead agency shall provide an
opportunity to the cooperating agencies to participate in
determining the range of alternatives to be considered for a
project.
``(2) Range of alternatives.--
``(A) In general.--Subject to subparagraphs (B) and
(C), after completion of the participation of the
cooperating agencies described in paragraph (1), the
lead agency shall determine the range of alternatives
for consideration in the environmental impact statement
or environmental assessment for the project.
``(B) No evaluation of certain alternatives.--The
head of a Federal agency shall not evaluate an
alternative that--
``(i) was identified during the
participation period described in paragraph
(1); and
``(ii)(I) was not accepted by the lead
agency under subparagraph (A) for detailed
evaluation in an environmental impact statement
or environmental assessment; or
``(II)(aa) was evaluated by the lead
agency; and
``(bb) was not selected for any
environmental impact statement or environmental
assessment for the project.
``(C) Only feasible alternatives evaluated.--In the
case of a project that is constructed, managed, funded,
or carried out by a project sponsor that is not a
Federal agency, the head of a Federal agency shall only
evaluate an alternative that, consistent with the
purpose of, and the need for, the project--
``(i) the project sponsor may feasibly
carry out; and
``(ii) is technically and economically
feasible, as determined by the head of the
Federal agency.
``(3) Methodologies.--
``(A) In general.--With respect to an alternative
for a project, the lead agency shall, in collaboration
with cooperating agencies at an appropriate time during
the environmental review for the project, determine the
methodologies to be used in, and the level of detail
required for, the review.
``(B) Description required.--The lead agency shall
include in the environmental impact statement or
environmental assessment for a project a description
of--
``(i) the methodologies used in preparing
the environmental impact statement or
environmental assessment; and
``(ii) the means by which the methodologies
were selected.
``(C) No evaluation of inappropriate
alternatives.--In preparing an environmental impact
statement or environmental assessment, a lead agency
may omit from the environmental document a detailed
evaluation of an alternative determined by the lead
agency not to meet the purpose of, and need for, the
project.
``(4) Employment analysis.--The evaluation of each
alternative in an environmental impact statement or
environmental assessment shall identify the potential effects
of the alternative on employment, including--
``(A) potential short-term and long-term employment
increases and reductions; and
``(B) shifts in employment.
``(f) Coordination Plan and Scheduling.--
``(1) In general.--To facilitate the expeditious resolution
of an environmental review, the lead agency shall establish and
implement a coordination plan for public and agency
participation in, and comment on, the environmental review for
a project or category of projects.
``(2) Schedule.--
``(A) In general.--In developing the coordination
plan described in paragraph (1), the lead agency shall
consult with each cooperating agency and the project
sponsor to develop a schedule for the completion of the
environmental review that--
``(i) considers factors such as--
``(I) the responsibilities of the
cooperating agencies under applicable
law;
``(II) the resources available to
the cooperating agencies;
``(III) the overall size and
complexity of the project;
``(IV) the overall schedule for and
cost of the project;
``(V) the sensitivity of the
natural and historical resources that
may be affected by the project; and
``(VI) the extent to which similar
projects in geographical proximity to
the project were recently subject to
environmental review or similar State
procedures; and
``(ii) includes the deadlines, consistent
with subsection (g), for decisions under
Federal law relating to the project, including
decisions on the issuance or denial of a permit
or license.
``(B) Compliance with schedule.--
``(i) In general.--Each cooperating agency
shall comply with--
``(I) the deadlines established in
the schedule under subparagraph (A);
and
``(II) in the case of a
modification to the schedule under
paragraph (4), any modified deadline.
``(ii) Effect of noncompliance.--The lead
agency shall disregard, and shall not respond
to or include in any environmental impact
statement or environmental assessment, any
comment or information submitted or any finding
made by a cooperating agency that is not in
accordance with the deadline established in the
schedule under subparagraph (A) or a modified
deadline under paragraph (4).
``(iii) Failure to object.--If a
cooperating agency fails to object in writing
to a lead agency decision, finding, or request
for concurrence in accordance with the deadline
established under law or by the lead agency,
the cooperating agency shall be considered to
have concurred in the decision, finding, or
request.
``(3) Consistency with other deadlines.--A schedule under
paragraph (2) shall be consistent with any other relevant
deadline under Federal law.
``(4) Modification of schedule.--With respect to a schedule
under paragraph (2), the lead agency may--
``(A) extend the schedule for good cause; and
``(B) shorten the schedule only with the
concurrence of each cooperating agency.
``(5) Dissemination.--With respect to a schedule under
paragraph (2), the lead agency shall--
``(A) not later than 15 days after the date of
completion or modification of schedule, provide a copy
of the schedule and any modification to each
cooperating agency and the project sponsor; and
``(B) make a copy of the schedule available to the
public.
``(6) Role and responsibility of lead agency.--With respect
to the environmental review for a project, the lead agency may
take such actions as are necessary, within the authority of the
lead agency, to facilitate the expeditious resolution of the
environmental review.
``(g) Deadlines.--
``(1) In general.--The deadlines described in this
subsection shall apply to any project subject to review under
this Act and any decision under Federal law relating to the
project, including the issuance or denial of a permit or
license or any required finding.
``(2) Environmental reviews.--
``(A) Environmental impact statement projects.--The
lead agency shall--
``(i) for a project that requires an
environmental impact statement under Federal
law (including regulations), issue the
environmental impact statement by not later
than 2 years after the earlier of--
``(I) the date on which the lead
agency receives an application for the
project from a project sponsor; and
``(II) the date on which a notice
of intent to prepare an environmental
impact statement is published in the
Federal Register; and
``(ii) for a project for which the lead
agency prepared an environmental assessment,
and determined pursuant to that environmental
assessment that an environmental impact
statement is required, issue the environmental
impact statement by not later than 2 years
after the date of publication of the notice of
intent to prepare an environmental impact
statement in the Federal Register.
``(B) Environmental assessment projects.--For a
project that requires an environmental assessment, the
lead agency shall issue a finding of no significant
impact or publish a notice of intent to prepare an
environmental impact statement in the Federal Register
by not later than 1 year after the earliest of--
``(i) the date on which the lead agency
receives the project initiation request;
``(ii) the date on which the lead agency
makes a decision to prepare an environmental
assessment; and
``(iii) the date on which the lead agency
sends out cooperating agency invitations.
``(C) Extensions.--
``(i) Requirements.--Subject to clause
(ii), the lead agency may extend a deadline
under subparagraph (A) or (B) only--
``(I) if the lead agency, project
sponsor, and each cooperating agency
agree on a different deadline; or
``(II) for good cause.
``(ii) Limitation.--The lead agency shall
not extend a deadline under subparagraph (A) or
(B)--
``(I) in the case of a project that
requires an environmental impact
statement, by more than 1 year; and
``(II) in the case of a project
that requires an environmental
assessment, by more than 180 days.
``(3) Environmental review comments.--The lead agency shall
establish for each environmental impact statement and
environmental assessment a comment period of not more than 30
days after the date on which the environmental impact statement
or environmental assessment is made publicly available,
unless--
``(A) the lead agency, project sponsor, and each
cooperating agency agree on a different deadline; or
``(B) the lead agency extends the deadline for good
cause.
``(4) Decisions prior to record of decision or finding of
no significant impact.--Notwithstanding any other provision of
law, in the case of a project for which a Federal agency is
required to approve or otherwise to take an action relating to
a permit, license, or other similar application before the lead
agency may issue a record of decision or finding of no
significant impact, the head of the Federal agency shall
approve or take the applicable action by not later than the
earlier of--
``(A) the end of the 90-day period beginning on the
date on which--
``(i) all other relevant Federal agency
reviews relating to the project are complete;
and
``(ii) the lead agency publishes a notice
of the availability of the final environmental
impact statement or issuance of other final
environmental documents; and
``(B) the date that is otherwise required by law.
``(5) Other decisions.--
``(A) In general.--Except as provided in
subparagraph (B), with respect to any approval or other
action of a Federal agency relating to a project that
is not subject to paragraph (4), each Federal agency
shall make the approval or carry out the action by not
later than the end of the 180-day period beginning on
the date on which--
``(i) all other relevant agency reviews
relating to the project are complete; and
``(ii) the lead agency issues a record of
decision or finding of no significant impact.
``(B) Extension.--
``(i) In general.--Subject to clause (ii),
the head of a Federal agency may extend the
deadline referred to in subparagraph (A) for
good cause, if the head of the Federal agency,
the lead agency, and the project sponsor agree
to extend the deadline.
``(ii) Limitation.--The head of a Federal
agency shall not extend a deadline under clause
(i) for a period longer than 1 year after the
date on which the lead agency issues the record
of decision or finding of no significant
impact.
``(6) Effect of noncompliance.--
``(A) In general.--A permit, license, or other
similar application for approval relating to a project
that requires the approval or other action by a Federal
agency shall be considered to be approved by the
Federal agency if the head of the Federal agency fails
to approve or otherwise take an action relating to the
permit, license, or other similar application by the
deadline described in paragraph (4) or (5).
``(B) Deadline for compliance.--The head of the
Federal agency shall act in accordance with the
approval under subparagraph (A) by not later than 30
days after the applicable deadline described in
paragraph (4) or (5).
``(C) Final agency action.--
``(i) In general.--An approval under
subparagraph (A) shall be considered to be a
final agency action, which may not be reversed
by any agency.
``(ii) Review.--In any action under chapter
7 of title 5, United States Code, that seeks
review of a final agency action under clause
(i), a court may not set aside the action based
on the action having been made final under that
clause.
``(h) Issue Identification and Resolution.--
``(1) Cooperation.--The lead agency and the cooperating
agencies shall work in accordance with this subsection to
identify and resolve any issue that may delay the completion of
an environmental review or result in the denial of an approval
required for the project under applicable law.
``(2) Lead agency responsibilities.--As early as
practicable during the environmental review process, the lead
agency shall make available information (including information
based on existing data sources, including geographic
information systems) relating to the environmental, historic,
and socioeconomic resources located in the project area and the
general location of any alternative under consideration.
``(3) Cooperating agency responsibilities.--Based on
information received from the lead agency, a cooperating agency
shall identify, as early as practicable, any issue of concern
relating to the potential environmental, historical, or
socioeconomic impact of a project, including any issue that may
substantially delay or prevent an agency from granting a permit
or other approval required for the project.
``(4) Issue resolution.--
``(A) Meeting of cooperating agencies.--To resolve
any issue that may delay the completion of an
environmental review or result in the denial of an
approval required for a project under applicable law,
the lead agency shall promptly convene a meeting with
the relevant cooperating agency and the project sponsor
on request by a project sponsor at any time.
``(B) Notice that resolution cannot be achieved.--
If a resolution to an issue identified under paragraph
(1) cannot be achieved by the date that is 30 days
after the date on which a meeting is convened under
subparagraph (A), and the lead agency determines that
all information necessary to resolve the issue has been
obtained, the lead agency shall--
``(i) notify--
``(I) each cooperating agency;
``(II) the project sponsor; and
``(III) the Council on
Environmental Quality established by
section 202 for further proceedings in
accordance with section 204; and
``(ii) publish in the Federal Register a
notice relating to the failure to achieve a
resolution.
``(i) Merging Documents.--
``(1) In general.--Notwithstanding any other provision of
law, except as provided in paragraph (2), the lead agency of a
project shall expeditiously develop a single document that
consists of--
``(A) a final environmental impact statement
relating to the project;
``(B) each record of decision relating to the
project; and
``(C) the final decision of the Secretary of the
Army with respect to the environmental review carried
out by the Secretary, acting through the Chief of
Engineers, relating to an application for a permit for
the project under section 404 of the Federal Water
Pollution Control Act (33 U.S.C. 1344).
``(2) Exceptions.--Paragraph (1) shall not apply in any
case in which--
``(A) the final environmental impact statement
relating to the project makes a substantial change
relating to an environmental or safety concern to a
proposed action under the project; or
``(B) there exists a significant new circumstance
or information relating to an environmental concern
that affects such a proposed action or the impacts of
the proposed action.
``(j) Limitations on Claims.--
``(1) Final agency actions.--
``(A) In general.--The deadline for filing a claim
for judicial review of a final agency action is the
date that is 180 days after the date of publication of
a notice in the Federal Register announcing the record
of decision for the action.
``(B) New information.--A claim challenging a final
agency action on the basis of information contained in
a supplemental environmental impact statement shall be
limited to a challenge on the basis of that
information.
``(2) Rule of construction.--Nothing in this subsection
creates a right to judicial review or places any limit on
filing a claim that a person has violated the terms of a
permit, license, or approval issued by a Federal agency for an
action subject to this Act.
``(k) Categories of Projects.--The authority granted under this
title may be exercised for--
``(1) any single project; or
``(2) any category of 2 or more projects related by project
type, potential environmental impact, geographical location, or
other similar project feature or characteristic.
``(l) Effective Date.--
``(1) In general.--This title applies only to an
environmental review or environmental decisionmaking process
initiated after the date of enactment of this title.
``(2) Applicability of deadlines.--
``(A) In general.--Except as provided in
subparagraph (B), in the case of a project for which an
environmental review or environmental decisionmaking
process is initiated before the date of enactment of
this title, subsection (g) shall apply.
``(B) Exception.--Notwithstanding any other
provision of this section, in determining a deadline
under subsection (g), any applicable period of time
shall be calculated as beginning on the date of
enactment of this title.
``(m) Applicability.--Except as provided in subsection (n), this
title applies to each project for which a Federal agency is required to
carry out an environmental review or environmental decisionmaking
process.
``(n) Savings Clause.--Nothing in this section supersedes, amends,
or modifies--
``(1) section 134, 135, 139, 325, 326, or 327 of title 23,
United States Code;
``(2) section 5303 or 5304 of title 49, United States Code;
or
``(3) subtitle C of title I of division A of the Moving
Ahead for Progress in the 21st Century Act (Public Law 112-141;
126 Stat. 527) (or any amendment made by that subtitle).''.
(b) Regulations.--
(1) Council on environmental quality.--Not later than 180
days after the date of enactment of this Act, the Council on
Environmental Quality established by section 202 of the
National Environmental Policy Act of 1969 (42 U.S.C. 4342)
shall--
(A) amend the regulations contained in chapter V of
title 40, Code of Federal Regulations (or successor
regulations), to implement this section and the
amendments made by this section; and
(B) by rule, designate each State with laws and
procedures that satisfy the criteria under section
301(b)(2)(A) of the National Environmental Policy Act
of 1969 (as added by subsection (a)).
(2) Federal agencies.--Not later than 120 days after the
date on which the Council on Environmental Quality amends the
regulations described in paragraph (1)(A), the head of each
Federal agency that has promulgated regulations implementing
the National Environmental Policy Act of 1969 (42 U.S.C. 4321
et seq.) shall amend the regulations to implement this section
and the amendments made by this section.
(c) Limitations on Claims Under FAST Act.--Section 41007(a) of the
FAST Act (42 U.S.C. 4370m-6(a)) is amended--
(1) in paragraph (1)(A), by striking ``2 years'' and
inserting ``180 days''; and
(2) in paragraph (2)(B), by striking ``2 years'' and
inserting ``180 days''.
SEC. 103. DESIGNATION OF CATEGORICAL EXCLUSIONS FOR EMERGENCY PROJECTS
AND STRUCTURALLY DEFICIENT INFRASTRUCTURE.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Secretary of Transportation shall--
(1) consult with the Administrator of the Federal Emergency
Management Agency and the Secretary of the Army to identify
communities that are imminently threatened from flooding or
erosion; and
(2) designate as an action categorically excluded from the
requirements relating to environmental assessments or
environmental impact statements for purposes of section
771.117(c) of title 23, Code of Federal Regulations (or
successor regulations), and section 1508.4 of title 40, Code of
Federal Regulations (or successor regulations), any project--
(A) that is critical to the immediate safety of a
threatened community identified under paragraph (1); or
(B) for the maintenance, repair, reconstruction,
restoration, retrofitting, or replacement of an
existing road, highway, bridge, tunnel, or other
transit facility (such as a ferry dock or bus transfer
station), including ancillary transportation facilities
(such as pedestrian and bicycle paths and bike lanes),
if the project is to be completed in the same location,
and with the same preexisting design, as the existing
structure.
(b) Regulations.--The Secretary of Transportation shall promulgate
such regulations as are necessary to carry out subsection (a) by not
later than 150 days after the date of enactment of this Act.
SEC. 104. CATEGORICAL EXCLUSION FOR PROJECTS OF LIMITED FEDERAL
ASSISTANCE.
Section 1317(1) of the MAP-21 (23 U.S.C. 109 note; Public Law 112-
141) is amended--
(1) in subparagraph (A), by striking ``$5,000,000'' and
inserting ``$10,000,000''; and
(2) in subparagraph (B), by striking ``15 percent'' and
inserting ``16 percent''.
SEC. 105. SIMPLIFYING ENVIRONMENTAL DOCUMENTS.
(a) Statement of Policy.--It is the policy of the United States
that the purpose of requiring an environmental document relating to a
project is only to ensure that the process of considering the effects
of the project takes place before the occurrence of any significant
Federal action to carry out the project.
(b) Page Limits.--
(1) In general.--To facilitate public transparency and
understanding of environmental documentation, an environmental
document--
(A) shall--
(i) be sufficient to provide a reasonable
consideration of the potential environmental
effects and alternatives of a proposed project;
and
(ii) reflect a thorough examination of the
potential impacts of the project; but
(B) shall not exceed 300 pages without substantial
justification.
(2) Notice and comment requirements.--
(A) In general.--An agency may exceed the 300-page
limit under paragraph (1)(B) if the agency provides to
proponents of the applicable project a notice, and a
period of not less than 30 days for comment, regarding
the proposed exceedance.
(B) Eligibility to comment.--The opportunity to
comment under subparagraph (A) shall not be provided to
any individual or entity other than a proponent of the
applicable project.
SEC. 106. PERMITTEE BILL OF RIGHTS.
Section 101 of the National Environmental Policy Act of 1969 (42
U.S.C. 4331) is amended by adding at the end the following:
``(d) Permittee Bill of Rights.--
``(1) Statement of policy.--It is the policy of the United
States--
``(A) to use natural resources in a responsible
manner to maximize value and utility, while protecting
public health and welfare; and
``(B) that, therefore, in implementing a Federal
permitting law, a Federal agency should, to the maximum
extent practicable, seek to issue permit decisions
favorably.
``(2) Definition of federal permitting law.--In this
subsection:
``(A) In general.--The term `Federal permitting
law' means any provision of Federal law pursuant to
which a Federal agency may issue a permit.
``(B) Inclusions.--The term `Federal permitting
law' includes--
``(i) the Toxic Substances Control Act (15
U.S.C. 2601 et seq.);
``(ii) the Endangered Species Act of 1973
(16 U.S.C. 1531 et seq.);
``(iii) the Surface Mining Control and
Reclamation Act of 1977 (30 U.S.C. 1201 et
seq.);
``(iv) the Federal Water Pollution Control
Act (33 U.S.C. 1251 et seq.);
``(v) the Safe Drinking Water Act (42
U.S.C. 300f et seq.);
``(vi) the Atomic Energy Act of 1954 (42
U.S.C. 2011 et seq.);
``(vii) the Solid Waste Disposal Act (42
U.S.C. 6901 et seq.);
``(viii) the Clean Air Act (42 U.S.C. 7401
et seq.); and
``(ix) the Outer Continental Shelf Lands
Act (43 U.S.C. 1331 et seq.).
``(3) Applicant and permittee rights.--In any communication
between a permittee or an applicant for a permit and a Federal
agency relating to a determination of the agency pursuant to a
Federal permitting law, the following shall apply:
``(A) Any decision relating to the applicable
permit or application shall be issued--
``(i) within the applicable deadline; or
``(ii) at such other reasonable time as may
be agreed to by the permittee or applicant and
the Federal agency.
``(B) Each permittee and permit applicant shall
have the right--
``(i) to assistance and prompt response in
seeking from the Federal agency information
regarding the regulatory and permit process;
``(ii) to request and receive--
``(I) a clear projected schedule of
fees for the review and completion of
the permit process; and
``(II) a clear, concise statement
of the reasoning for a determination by
the agency to reject a permit
application;
``(iii) to know the exact deficiencies in a
rejected application; and
``(iv) to a transparent and unbiased
decision based on the submitted application and
applicable Federal permitting law and
regulatory requirements.''.
SEC. 107. POLICY REVIEW UNDER CLEAN AIR ACT.
Section 309(a) of the Clean Air Act (42 U.S.C. 7609(a)) is amended
by striking ``any (1) legislation proposed by any Federal department or
agency, (2) newly authorized Federal projects for construction and any
major Federal agency action (other than a project for construction) to
which section 102(2)(C) of Public Law 91-190 applies, and (3) proposed
regulations'' and inserting ``any legislation proposed by a Federal
department or agency or proposed regulations''.
TITLE II--JUDICIAL PROVISIONS
SEC. 201. DEADLINE FOR FILING ENERGY-RELATED CAUSES OF ACTION.
(a) Definitions.--In this section:
(1) Agency action.--The term ``agency action'' has the
meaning given the term in section 551 of title 5, United States
Code.
(2) Energy-related cause of action.--The term ``energy-
related cause of action'' means a cause of action that--
(A) is filed on or after the date of enactment of
this Act; and
(B) seeks judicial review of a final agency action
to issue a permit, license, or other form of agency
permission allowing--
(i) an individual or entity to conduct on
Indian land or public land activities involving
the exploration, development, production, or
transportation of oil, gas, coal, shale gas,
oil shale, geothermal resources, wind or solar
resources, underground coal gasification,
biomass, or the generation of electricity; or
(ii) an Indian tribe, or any organization
of 2 or more entities at least 1 of which is an
Indian tribe, to conduct activities involving
the exploration, development, production, or
transportation of oil, gas, coal, shale gas,
oil shale, geothermal resources, wind or solar
resources, underground coal gasification,
biomass, or the generation of electricity,
regardless of the location at which those
activities are carried out.
(3) Indian land.--
(A) In general.--The term ``Indian land'' has the
meaning given the term in section 2601 of the Energy
Policy Act of 1992 (25 U.S.C. 3501).
(B) Inclusion.--The term ``Indian land'' includes
land owned by a Native Corporation under the Alaska
Native Claims Settlement Act (43 U.S.C. 1601 et seq.).
(4) Public land.--The term ``public land'' has the meaning
given the term ``public lands'' in section 103 of the Federal
Land Policy and Management Act of 1976 (43 U.S.C. 1702).
(b) Deadline for Filing.--
(1) In general.--An energy-related cause of action shall be
filed by not later than 60 days after the date of publication
of the applicable final agency action.
(2) Prohibition.--An energy-related cause of action that is
not filed within the time period described in paragraph (1)
shall be barred.
(c) District Court Venue and Deadline.--An energy-related cause of
action shall be--
(1) brought in the United States District Court for the
District of Columbia Circuit; and
(2) resolved--
(A) as expeditiously as practicable; and
(B) in any event, not later than the date that is
180 days after the date on which the energy-related
cause of action is filed.
(d) Appellate Review.--
(1) In general.--An interlocutory order or final judgment,
decree, or order of the district court in an energy-related
cause of action may be reviewed by the United States Court of
Appeals for the District of Columbia Circuit.
(2) Requirement.--The United States Court of Appeals for
the District of Columbia shall resolve an appeal of an energy-
related cause of action--
(A) as expeditiously as practicable; and
(B) in any event, not later than the date that is
180 days after the date on which the applicable
interlocutory order or final judgment, decree, or order
of the district court was issued.
(e) Limitation on Certain Payments.--Notwithstanding section 1304
of title 31, United States Code, no award may be made under section 504
of title 5, United States Code, or section 2412 of title 28, United
States Code, and no amounts may be obligated or expended from the
Claims and Judgment Fund of the Treasury to pay any fees or other
expenses under those sections, to any person or party in an energy-
related cause of action.
(f) Legal Fees.--
(1) Definition of ultimately prevail.--In this subsection:
(A) In general.--The term ``ultimately prevail''
means a final, enforceable judgment by a court of
competent jurisdiction in favor of a party on at least
1 energy-related cause of action that is an underlying
rationale for the preliminary injunction,
administrative stay, or other relief requested by the
party.
(B) Exclusion.--The term ``ultimately prevail''
does not include any situation in which the relevant
final agency action is modified or amended by the
issuing agency, unless the modification or amendment is
required pursuant to--
(i) a final, enforceable judgment of the
court; or
(ii) a court-ordered consent decree.
(2) Award.--
(A) In general.--In any energy-related cause of
action in which the plaintiff does not ultimately
prevail, the court shall award to the defendant
(including any intervenor-defendants), other than the
United States, fees and other expenses incurred by that
defendant in connection with the energy-related cause
of action, unless the court finds that--
(i) the position of the plaintiff was
substantially justified, in accordance with
subparagraph (B); or
(ii) special circumstances make such an
award unjust.
(B) Substantially justified determination.--Whether
the position of the plaintiff was substantially
justified for purposes of subparagraph (A)(i) shall be
determined on the basis of the administrative record,
as a whole, relating to the energy-related cause of
action for which fees and other expenses are sought.
SEC. 202. LIMITING SUE AND SETTLE PRACTICES.
(a) Definitions.--In this section:
(1) Agency; agency action.--The terms ``agency'' and
``agency action'' have the meanings given those terms under
section 551 of title 5, United States Code.
(2) Covered civil action.--The term ``covered civil
action'' means a civil action--
(A) seeking to compel agency action;
(B) alleging that the agency is unlawfully
withholding or unreasonably delaying an agency action
relating to a regulatory action that would affect the
rights of--
(i) private persons other than the person
bringing the action; or
(ii) a State, local, or tribal government;
and
(C) brought under--
(i) chapter 7 of title 5, United States
Code; or
(ii) any other statute authorizing such an
action.
(3) Covered consent decree.--The term ``covered consent
decree'' means--
(A) a consent decree entered into in a covered
civil action; and
(B) any other consent decree that requires agency
action relating to a regulatory action that affects the
rights of--
(i) private persons other than the person
bringing the action; or
(ii) a State, local, or tribal government.
(4) Covered consent decree or settlement agreement.--The
term ``covered consent decree or settlement agreement'' means a
covered consent decree and a covered settlement agreement.
(5) Covered settlement agreement.--The term ``covered
settlement agreement'' means--
(A) a settlement agreement entered into in a
covered civil action; and
(B) any other settlement agreement that requires
agency action relating to a regulatory action that
affects the rights of--
(i) private persons other than the person
bringing the action; or
(ii) a State, local, or tribal government.
(b) Consent Decree and Settlement Reform.--
(1) Pleadings and preliminary matters.--
(A) In general.--In any covered civil action, the
agency against which the covered civil action is
brought shall publish the notice of intent to sue and
the complaint in a readily accessible manner, including
by making the notice of intent to sue and the complaint
available in the Federal Register or online not later
than 15 days after receiving service of the notice of
intent to sue or complaint, respectively.
(B) Entry of a covered consent decree or settlement
agreement.--A party may not make a motion for entry of
a covered consent decree or to dismiss a civil action
pursuant to a covered settlement agreement until after
the end of proceedings in accordance with subparagraph
(A) and paragraph (2)(B)(i).
(2) Publication of and comment on covered consent decrees
or settlement agreements.--
(A) In general.--Not later than 60 days before the
date on which a covered consent decree or settlement
agreement is filed with a court, the agency seeking to
enter the covered consent decree or settlement
agreement shall publish in the Federal Register and
online the proposed covered consent decree or
settlement agreement.
(B) Public comment.--
(i) In general.--An agency seeking to enter
a covered consent decree or settlement
agreement shall accept public comment during
the period described in subparagraph (A) on any
issue relating to the matters alleged in the
complaint in the applicable civil action or
addressed or affected by the proposed covered
consent decree or settlement agreement.
(ii) Submissions to court.--When moving
that the court enter a proposed covered consent
decree or settlement agreement or for dismissal
pursuant to a proposed covered consent decree
or settlement agreement, an agency shall inform
the court of the statutory basis for the
proposed covered consent decree or settlement
agreement and its terms.
(3) Review by court.--
(A) In general.--A court shall review the statutory
basis for the proposed covered consent decree or
settlement agreement and its terms de novo.
(B) Review of deadlines.--
(i) Proposed covered consent decrees.--For
a proposed covered consent decree, a court
shall not approve the covered consent decree
unless the proposed covered consent decree
allows sufficient time and incorporates
adequate procedures for the agency to comply
with chapter 5 of title 5, United States Code,
and other applicable statutes that govern
rulemaking and, unless contrary to the public
interest, the provisions of any Executive order
that governs rulemaking.
(ii) Proposed covered settlement
agreements.--For a proposed covered settlement
agreement, a court shall ensure that the
covered settlement agreement allows sufficient
time and incorporates adequate procedures for
the agency to comply with chapter 5 of title 5,
United States Code, and other applicable
statutes that govern rulemaking and, unless
contrary to the public interest, the provisions
of any Executive order that governs rulemaking.
TITLE III--NATURAL GAS PIPELINE PERMITTING EFFICIENCY
SEC. 301. REGULATORY APPROVAL OF NATURAL GAS PIPELINE PROJECTS.
Section 7 of the Natural Gas Act (15 U.S.C. 717f) is amended--
(1) in subsection (d)--
(A) by striking ``(d) Application for
certificates'' and inserting the following:
``(d) Application Requirements.--
``(1) In general.--An application for a certificate of
public convenience and necessity under this section''; and
(B) by adding at the end the following:
``(2) Use of aerial survey data to satisfy preliminary
requirements.--A natural-gas company that submits to the
Commission an application for a certificate of public
convenience and necessity under this section to construct an
interstate natural gas pipeline--
``(A) with respect to any preliminary requirement
for that certification, may use aerial survey data to
satisfy the preliminary requirement; but
``(B) with respect to each applicable
nonpreliminary survey requirement for approval of the
certification, shall achieve compliance with the
requirement through such other means as the Commission
may require.''; and
(2) by adding at the end the following:
``(i) Regulatory Approval of Natural Gas Pipeline Projects.--
``(1) Definition of prefiled project.--In this subsection,
the term `prefiled project' means a project for the siting,
construction, expansion, or operation of a natural gas pipeline
with respect to which a prefiling docket number has been
assigned by the Commission pursuant to a prefiling process
established by the Commission for the purpose of facilitating
the formal application process for obtaining a certificate of
public convenience and necessity.
``(2) Determination on applications.--The Commission shall
approve or deny an application for a certificate of public
convenience and necessity for a prefiled project by not later
than 1 year after the date of receipt of a completed
application that is ready to be processed, as determined by the
Commission by regulation.
``(3) Other federal agencies.--
``(A) In general.--Except as provided in
subparagraph (B), the head of the Federal department or
agency responsible for issuing any license, permit, or
other approval required under Federal law in connection
with a prefiled project for which a certificate of
public convenience and necessity is sought under this
Act shall approve or deny the license, permit, or other
approval by not later than 90 days after the date on
which the Commission issues a final environmental
document relating to the project.
``(B) Extension.--
``(i) In general.--The Commission may
extend an applicable deadline under
subparagraph (A) by not longer than an
additional 30 days, if the head of the affected
Federal department or agency demonstrates
that--
``(I) the process of determining
whether to approve or deny the
applicable license, permit, or other
approval cannot be completed by the
applicable deadline; and
``(II) the department or agency
therefore will be compelled to deny the
license, permit, or approval.
``(ii) Technical assistance.--In providing
an extension under this subparagraph, the
Commission may offer to the affected Federal
department or agency such technical assistance
as is necessary to address any condition
preventing the completion of the review of the
application for the license, permit, or other
approval.
``(C) Failure to act.--If a Federal department or
agency described in subparagraph (A) fails to approve
or deny a license, permit, or other approval by the
deadline under subparagraph (A) or (B), as applicable--
``(i) the license, permit, or approval
shall take effect on the date that is 30 days
after the expiration of the deadline; and
``(ii) the Commission shall incorporate
into the terms of the license, permit, or
approval any conditions proffered by the
Federal department or agency that the
Commission does not determine to be
inconsistent with any relevant environmental
document.''.
SEC. 302. RIGHTS-OF-WAY FOR PUBLIC UTILITIES.
Section 100902(a)(1)(A) of title 54, United States Code, is amended
by striking ``and lines for the generation and distribution of
electrical power'' and inserting ``lines for the generation and
distribution of electrical power, and natural gas or petroleum product
pipelines''.
TITLE IV--TRANSPORTATION CONFORMITY REFORM
SEC. 401. LIMITATIONS ON CERTAIN FEDERAL ASSISTANCE UNDER CLEAN AIR
ACT.
Section 176 of the Clean Air Act (42 U.S.C. 7506) is amended--
(1) in subsection (c)(1)--
(A) by striking the undesignated matter following
clause (iii) of subparagraph (B); and
(B) in the fourth sentence, by striking
``Conformity to an implementation plan means--'' and
inserting the following:
``(a) Definition of Conform.--
``(1) In general.--In this section, the term `conform',
with respect to the status of an activity, project, program, or
plan as determined under an applicable implementation plan,
means that the activity, project, program, or plan--'';
(2) in subsection (a) (as so redesignated)--
(A) in paragraph (1) (as so redesignated)--
(i) by striking ``(A) conformity to'' and
inserting the following:
``(A) achieves compliance with''; and
(ii) by striking ``(B) that such activities
will'' and inserting the following:
``(B) will'';
(B) by moving the subsection (as so amended) to
appear at the beginning of the section; and
(C) by adding at the end the following:
``(2) Determination estimates.--For purposes of paragraph
(1), a determination regarding the conformity of an activity,
project, program, or plan shall be based on the most recent
estimates of the emissions of the activity, project, program,
or plan, which shall be determined based on the most recent
applicable population, employment, travel, and congestion
estimates (as determined by the metropolitan planning
organization or other agency authorized to make those
estimates).'';
(3) by redesignating subsections (c) and (d) as subsections
(b) and (c), respectively;
(4) in subsection (b) (as so redesignated)--
(A) by striking the subsection designation and all
that follows through ``No department'' in the first
sentence and inserting the following:
``(b) Requirement of Conformity for Federal Assistance.--
``(1) Limitations.--
``(A) Federal agencies.--No department'';
(B) in paragraph (1)(A) (as so redesignated)--
(i) in the first sentence, by striking ``it
has'' and inserting ``the implementation plan
has'';
(ii) in the third sentence, by striking
``The assurance of conformity to such an
implementation plan'' and inserting the
following:
``(C) Responsibility for assurance.--The assurance
of conformity to an implementation plan approved or
promulgated under section 110''; and
(iii) in the second sentence, by striking
``No metropolitan'' and inserting the
following:
``(B) Metropolitan planning organizations.--No
metropolitan'';
(C) in paragraph (2)--
(i) in subparagraph (A), by striking ``of
paragraph (1)(B)'' and inserting ``described in
subsection (a)(1)(B)'';
(ii) in subparagraph (C)--
(I) in clause (i), by striking
``(i) such a project'' and inserting
the following:
``(II)(aa) the project'';
(II) in clause (ii), by striking
``(ii) the design'' and inserting the
following:
``(bb) the design'';
(III) in clause (iii), by striking
``(iii) the design'' and inserting the
following:
``(cc) the design''; and
(IV) in the matter preceding clause
(i), by striking ``only if it meets
either the requirements of subparagraph
(D) or the following requirements'' and
inserting the following: ``only if--
``(I) the transportation project
achieves compliance with all applicable
requirements of clause (iv); or'';
(iii) in subparagraph (D), by striking
``subparagraph (C)'' and inserting ``clause
(iii)'';
(iv) in subparagraph (E)--
(I) in clause (ii), by striking
``clause (i)'' and inserting
``subclause (I)''; and
(II) by redesignating clauses (i)
through (iii) as subclauses (I) through
(III), respectively, and indenting the
subclauses appropriately;
(v) by redesignating subparagraphs (A)
through (E) as clauses (i) through (v),
respectively, and indenting the clauses
appropriately; and
(vi) in the matter preceding clause (i) (as
so redesignated)--
(I) in the third sentence, by
striking ``In particular--'' and
inserting the following:
``(C) Additional requirements.--The additional
requirements referred to in subparagraph (B)(i)(II) are
that--'';
(II) in the second sentence--
(aa) by striking ``been
found to conform to any
applicable implementation plan
in effect under this Act.'' and
inserting the following: ``been
determined--
``(I) to conform to an applicable
implementation plan in effect under
this Act (as determined in accordance
with paragraph (4)(B)); and
``(II) to achieve compliance with
all applicable additional requirements
described in subparagraph (C).''; and
(bb) by striking ``No
Federal'' and inserting the
following:
``(B) Conformity required.--
``(i) In general.--Subject to clause (ii),
no Federal'';
(III) in the first sentence, by
striking ``(2) Any'' and inserting the
following:
``(2) Transportation conformity.--
``(A) In general.--Each''; and
(IV) in subparagraph (B) (as
designated by subclause (II)(bb)), by
adding at the end the following:
``(ii) Applicability.--The requirement
described in clause (i) shall not apply--
``(I) to a transportation plan,
program, or project carried out in an
area designated under this Act as a
marginal nonattainment or attainment-
maintenance area; and
``(II) in an area that is not an
area described in subclause (I), until
the date that is 180 days after the
date on which the Administrator
approves the motor vehicle emissions
budget contained in the State
implementation plan applicable to the
relevant transportation plan, program,
or project.'';
(D) in paragraph (3)--
(i) in subparagraph (A)--
(I) in clause (i), by adding
``and'' after the semicolon at the end;
and
(II) by striking clause (iii); and
(ii) in subparagraph (B)--
(I) in clause (i), by striking
``enactment; and'' and all that follows
through the end of the undesignated
matter following clause (ii) and
inserting ``enactment.''; and
(II) in the matter preceding clause
(i), by striking ``projects--'' and all
that follows through ``come from'' in
clause (i) and inserting ``projects are
carried out under'';
(E) in paragraph (4)--
(i) in subparagraph (B)--
(I) by striking ``The
Administrator'' and inserting the
following:
``(i) In general.--Subject to clause (ii),
the Administrator''; and
(II) by adding at the end the
following:
``(ii) Requirements.--The criteria and
procedures promulgated pursuant to clause (i)
shall--
``(I) be based on the most recently
issued national ambient air quality
standard for each applicable criteria
pollutant; and
``(II) establish that conformity in
the case of transportation plans,
programs, and projects shall not be
required--
``(aa) in any area
designated under this Act as a
marginal nonattainment or
attainment-maintenance area;
and
``(bb) with respect to any
area that is not an area
described in item (aa), until
the date that is 180 days after
the date on which the
Administrator approves the
motor vehicle emissions budget
contained in the State
implementation plan applicable
to the relevant transportation
plan, program, or project.'';
(ii) in subparagraph (D)--
(I) in clause (ii)--
(aa) in subclause (II), by
striking ``paragraph (2)(E)''
and inserting ``paragraph
(2)(C)(v)''; and
(bb) by indenting
subclauses (I) and (II)
appropriately;
(II) by indenting clauses (i)
through (iii) appropriately; and
(III) by striking ``(D) The'' and
inserting the following:
``(D) Minimum requirements.--The''; and
(iii) in subparagraph (F), by striking
``(F) Compliance'' and inserting the following:
``(F) Traffic signal synchronization projects.--
Compliance'';
(F) by striking paragraphs (5) and (6);
(G) by redesignating paragraphs (7) through (9) as
paragraphs (5) through (7), respectively;
(H) in subparagraph (A) of paragraph (5) (as so
redesignated), by striking ``Each'' and inserting
``Subject to paragraph (2)(B)(ii)(II), each'';
(I) in paragraph (7) (as so redesignated), by
striking ``If'' and inserting the following:
``(A) Definition of lapse.--In this paragraph, the
term `lapse', with respect to a conformity
determination for a transportation plan or
transportation improvement program, means that--
``(i) the conformity determination has
expired; and
``(ii) as a result of that expiration, no
currently conforming transportation plan or
transportation improvement program exists.
``(B) Lapses.--If''; and
(J) by striking paragraph (10); and
(5) in subsection (c) (as redesignated by paragraph (3))--
(A) in the second sentence, by striking ``This
paragraph extends to, but is not limited to,'' and
inserting the following:
``(2) Applicability.--The authority described in paragraph
(1) includes any''; and
(B) by striking the subsection designation and all
that follows through ``Federal Government'' and
inserting the following:
``(c) Priority.--
``(1) Requirement.--Each Federal department, agency, and
instrumentality''.
SEC. 402. STUDY ON TRANSPORTATION AIR QUALITY CONFORMITY UNDER CLEAN
AIR ACT.
The Administrators of the Environmental Protection Agency, the
Federal Highway Administration, and the Federal Transit Administration
shall jointly enter into an arrangement with the National Academy of
Sciences under which the Academy shall--
(1) conduct a study relating to transportation air quality
conformity to evaluate the effectiveness of the conformity
requirements under section 176 of the Clean Air Act (42 U.S.C.
7506) (as amended by section 401); and
(2) provide to the Administrators recommendations for
transportation conformity policy, including suggested
legislative and regulatory changes relating to transportation
planning and air quality.
TITLE V--INCREASING STATE AUTHORITY AND COLLABORATION IN REVIEWING
TRANSPORTATION PROJECTS
SEC. 501. FEDERAL-STATE PROJECT AGREEMENTS.
Section 106(b) of title 23, United States Code, is amended by
adding at the end the following:
``(3) No federal approval for certain activities.--
``(A) In general.--Notwithstanding any other
provision of law (including regulations), no approval
of the Secretary shall be required under this section
for any project described in subparagraph (B), subject
to the condition that the project shall be carried out
in accordance with all other applicable requirements
under this title and title 49.
``(B) Description of projects.--A project referred
to in subparagraph (A) is any project--
``(i) carried out under--
``(I) a stewardship and oversight
agreement; or
``(II) any other agreement under
this section; and
``(ii) relating to--
``(I) the standard specifications
of the applicable State transportation
department;
``(II) the pavement design policy
of the State transportation department;
``(III) any value engineering
policies or procedures of the State
transportation department;
``(IV) liquidated damage rates;
``(V) a quality assurance program
of the State transportation department;
or
``(VI) such other matter as the
Secretary, in consultation with State
transportation departments, determines
to be appropriate.''.
SEC. 502. PROJECT APPROVAL AND OVERSIGHT FOR HIGH RISK PROJECTS.
Section 106(c)(4) of title 23, United States Code, is amended--
(1) in subparagraph (A)--
(A) by striking ``shall not assign any
responsibilities to a State for projects'' and
inserting ``may assign to a State responsibility for a
project in the State that''; and
(B) by inserting ``, subject to the requirement
that the project shall be carried out in accordance
with all applicable requirements of an agreement
between the Secretary and the State under this
section'' before the period at the end; and
(2) in subparagraph (B), by striking ``The Secretary may
define the high risk categories under this subparagraph on''
and inserting the following: ``For purposes of subparagraph
(A), the Secretary--
``(A) shall establish high risk categories in
collaboration with State transportation departments;
and
``(B) may define the categories on''.
SEC. 503. ADVANCE ACQUISITION OF REAL PROPERTY.
Section 108 of title 23, United States Code, is amended--
(1) in subsection (a)(1), by striking ``may make'' and
inserting ``shall make'';
(2) in subsection (b), by striking ``(b) Federal'' and
inserting the following:
``(b) Maximum Participation.--Federal'';
(3) in subsection (c)(3)--
(A) in the matter preceding subparagraph (A), by
striking ``State demonstrates to the Secretary and the
Secretary finds'' and inserting ``State ensures'';
(B) in subparagraph (F)--
(i) by inserting ``of 1969 (42 U.S.C. 4321
et seq.)'' after ``Policy Act'';
(ii) by striking ``this Act'' and inserting
``the Intermodal Surface Transportation
Efficiency Act of 1991 (Public Law 102-240; 105
Stat. 1914)''; and
(iii) by inserting ``of 1973 (16 U.S.C.
1531 et seq.)'' after ``Species Act''; and
(C) in subparagraph (G), by striking ``the
Secretary'' and inserting ``the State''; and
(4) in subsection (d)--
(A) in paragraph (2)--
(i) by striking ``a State'' each place it
appears and inserting ``the State''; and
(ii) by striking ``The Secretary may'' and
inserting ``On receipt of a request from a
State, the Secretary shall'';
(B) in paragraph (3), in the matter preceding
subparagraph (A), by striking ``, with concurrence by
the Secretary,''; and
(C) in paragraph (7)--
(i) by striking ``If'' and inserting the
following:
``(A) In general.--Subject to subparagraph (B),
if''; and
(ii) by adding at the end the following:
``(B) Extension.--On receipt of a request from a
State, the Secretary shall delay the effective date of
the offset against the apportionment of the State
described in subparagraph (A) for such period as the
Secretary determines to be appropriate, in accordance
with applicable law (including regulations).''.
SEC. 504. AGREEMENTS RELATING TO USE OF, AND ACCESS TO, RIGHTS-OF-WAY
ON INTERSTATE SYSTEM.
Section 111 of title 23, United States Code, is amended--
(1) in subsection (a)--
(A) in the fourth sentence--
(i) by striking ``Nothing'' and inserting
the following:
``(4) Effect of section.--Nothing'';
(ii) by striking ``Interstate System (1) if
such establishment (A) was'' and inserting the
following: ``Interstate System, if--
``(A) the establishment--
``(i) was'';
(iii) by striking ``1960, (B) is owned by a
State, and (C) is'' and inserting the
following: ``1960;
``(ii) is owned by a State; and
``(iii) is''; and
(iv) by striking ``otherwise, and (2) if
all'' and inserting the following: ``otherwise;
and
``(B) all'';
(B) in the third sentence, by striking ``Such
agreements may, however,'' and inserting the following:
``(3) Use of airspace.--An agreement described in paragraph
(1)(A) may'';
(C) in the second sentence, by striking ``Such
agreements shall also contain a clause providing'' and
inserting the following:
``(2) Automotive service stations.--An agreement described
in paragraph (1)(A) shall include a requirement'';
(D) by striking the subsection designation and
heading and all that follows through ``All agreements
between the Secretary and the'' in the first sentence
and inserting the following:
``(a) Requirements for Agreements.--
``(1) Points of access and exit.--
``(A) In general.--Except as provided in
subparagraph (B), each agreement between the Secretary
and a''; and
(E) in paragraph (1) (as so redesignated), by
adding at the end the following:
``(B) Transfer of authority to states.--On receipt
of a request from a State transportation department,
the Secretary shall transfer to the State
transportation department the sole authority to approve
the addition of a point of access to, or exit from, an
applicable project on the Interstate System on approval
by the State transportation department of a
justification report under subsection (e).''; and
(2) in subsection (e), by striking ``Secretary may permit a
State transportation department to approve the report'' and
inserting ``Secretary, on receipt of a request from an affected
State transportation department, shall transfer to the State
transportation department in accordance with subsection
(a)(1)(B) the sole authority to approve the addition of the
applicable point of access to, or exit from, a relevant project
on the Interstate System on approval by the State
transportation department of the report''.
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