2160 112th CONGRESS
H. R. 2160
To amend title 23, United States Code, to reauthorize
and modify the surface transportation project delivery pilot program, and for
other purposes.IN THE HOUSE OF REPRESENTATIVES
Ms. RICHARDSON (for herself and Mr. FILNER) introduced
the following bill; which was referred to the Committee on Transportation and
To amend title
23, United States Code, to reauthorize and modify the surface transportation project
delivery pilot program, and for other purposes.
it enacted by the Senate and House of Representatives of the United States of
America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the `Jobs Through Environmental Safeguarding and Streamlining
Act of 2011'.
SEC. 2. ADVANCED ACQUISITION OF REAL PROPERTY.
Section 108 of title 23, United States Code, is amended--
(1) in subsection (c)(2)(G) by striking `both the Secretary and the Administrator
of the Environmental Protection Agency have concurred' and inserting `the Secretary
has determined'; and
(2) by adding at the end the following:
`(d) Consideration of Long-Range Transportation Needs- The Secretary is authorized
to encourage States and other public authorities, where practicable, to acquire
transportation rights-of-way that are sufficient to accommodate long-range transportation
needs, where possible through the acquisition of broad rights-of-way that have
the capacity for future expansion over a 50- to 100-year period and that have
the potential to accommodate one or more transportation modes.'.
3. EFFICIENT ENVIRONMENTAL REVIEWS FOR PROJECT DECISIONMAKING.
(a) Programmatic Compliance- Section 139(b) of title 23, United States Code, is
(1) in paragraph (2) by inserting `, and any requirements
established under this section may be satisfied,' after `exercised'; and
(2) by adding at the end the following:
APPROACHES- The Secretary may modify the procedures developed under this section
to encourage programmatic approaches and strategies with respect to environmental
programs and permits.'.
(b) Designation of DOT Modal Administration
To Serve as Lead Agency- Section 139(c)(1) of such title is amended by inserting
`, acting through a single modal administration of the Department designated by
the Secretary,' after `Department of Transportation'.
Initiation- Section 139(e) of such title 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 that contains the information
required under this subsection.'.
(d) Coordination Plan- Section
139(g)(1)(A) of such title is amended by striking `project or category of projects'
and inserting `project, category of projects, or program of projects'.
(e) Guidelines- Section 139 of such title is amended by adding at the end the
The Secretary shall issue guidelines to assist States and local governmental entities
in assuming an increased role under this section in--
`(A) preparing environmental documents for projects under the National Environmental
Policy Act of 1969; and
`(B) participating in
`(2) LIST OF STATE REPORTS-
The guidelines issued under paragraph (1) shall contain a list of State reports
that may be adopted or used by the Secretary (or the Secretary's designee) in
satisfying requirements for projects under the National Environmental Policy Act
`(3) SOVEREIGN IMMUNITY- The guidelines issued
under paragraph (1) shall specify the maximum extent to which a State or local
government can participate in the environmental review process for a project without
being subject to the jurisdiction of Federal courts with respect to such participation.'.
(f) Reciprocity Agreements-
(1) STUDY- The Secretary shall
conduct a study on the feasibility of entering into reciprocity agreements with
States to maximize State participation in the environmental review process for
projects (as defined in section 139 of such title) and the potential benefits
of such agreements in expediting project delivery.
REPORT- The Secretary shall submit to the Committee on Transportation and Infrastructure
of the House of Representatives and the Committee on Environment and Public Works
and the Committee on Banking, Housing, and Urban Affairs of the Senate a report
on the results of the study.
SEC. 4. SURFACE TRANSPORTATION
PROJECT DELIVERY PROGRAM.
(a) Assumption of Responsibility-
(1) ADDITIONAL RESPONSIBILITY- Section 327(a)(2)(B)(ii)(I) of title 23, United
States Code, is amended to read as follows:
`(I) responsibility for any conformity determination (other than a conformity
determination for an individual project) required under section 176 of the Clean
Air Act (42 U.S.C. 7506); or'.
PROJECTS INVOLVING MORE THAN ONE DOT MODAL ADMINISTRATION- Section 327(a)(2) of
such title is amended by adding at the end the following:
`(F) HIGHWAY PROJECTS INVOLVING MORE THAN ONE DOT MODAL ADMINISTRATION-
`(i) TREATMENT OF PROJECTS- For purposes of subparagraph (A), a project shall
be treated as a `highway project' if the Secretary determines that the Federal
Highway Administration is the lead agency for the project.
`(ii) ASSIGNMENT OF AUTHORITIES- In the case of a highway project that involves
the Federal Highway Administration and another modal administration of the Department
of Transportation, the authorities of the Secretary that may be assigned to a
State under this subsection shall include the authorities of the Secretary that
relate to the Federal Highway Administration and the other modal administration.'.
(1) NUMBER OF PARTICIPATING STATES-
Section 327(b)(1) of such title is amended to read as follows:
`(1) SELECTION OF PARTICIPATING STATES-
`(A) IN GENERAL-
The Secretary may permit any State that meets the selection criteria contained
in paragraph (4) to participate in the program.
`(B) SPECIAL RULES- Any State participating in the program on September 30, 2009--
`(i) shall be permitted by the Secretary to continue to participate in the program;
`(ii) shall not be required to
submit an application under paragraph (2) in order to participate in the program.'.
(2) WRITTEN AGREEMENT- Section 327(c) of such title is amended to read as follows:
`(1) IN GENERAL- A written agreement
under this section shall--
`(A) be executed by the
Governor or the top-ranking transportation official in the State who is charged
with responsibility for highway construction;
`(B) be in such form as the Secretary may prescribe;
`(C) provide that the State--
to assume all or part of the responsibilities of the Secretary described in subsection
`(ii) agrees to carry out those
responsibilities using the best available science;
`(iii) expressly consents, on behalf of the State, to accept the jurisdiction
of the Federal courts for the compliance, discharge, and enforcement of any responsibility
of the Secretary assumed by the State;
`(iv) certifies that State laws (including regulations) are in effect that--
`(I) authorize the State to take the actions necessary to carry out the responsibilities
being assumed; and
comparable to section 552 of title 5, including providing that any decision regarding
the public availability of a document under those State laws is reviewable by
a court of competent jurisdiction; and
`(D) agrees to maintain the financial resources necessary to carry out the responsibilities
`(2) EXCLUDED PROJECTS- A written
agreement with a State under this section may include a list of projects in the
State that are excluded from the program. The list shall be updated annually by
mutual agreement between the Secretary and the State.
`(3) TERM- A written agreement with a State under this section shall--
`(A) have a term of not more than 5 years; and
`(4) USE OF PROJECT DELIVERY
METHODS- A written agreement with a State under this section may not impose on
the State a limitation on the use of a project delivery method if the limitation
would not otherwise apply to the State under this title or another provision of
law. In this paragraph, the term `project delivery method' includes the authority
of a State to acquire rights-of-way and conduct final design work for a project
with State funds on an at-risk basis prior to completion of the environmental
review process for the project.'.
(3) AUDITS AND MONITORING-
Section 327(g) of such title is amended--
the subsection heading by inserting `and Monitoring' after `Audits';
(B) by redesignating paragraph (2) as paragraph (3);
(C) by inserting after paragraph (1) the following:
`(2) MONITORING- If a State has been participating in the program pursuant to
a written agreement under subsection (c) for a period of 10 consecutive years,
the Secretary may monitor compliance by the State with the agreement instead of
conducting audits under paragraph (1). If a State, while participating in the
monitoring program under this section, repeatedly fails to comply with all aspects
of the written agreement under subsection (c), the Secretary shall commence the
auditing process. The Secretary shall develop procedures for conducting monitoring
under this paragraph.'; and
(D) in paragraph (3)
(as redesignated by subparagraph (B) of this paragraph) by inserting after `paragraph
(1)' the following: `, and the results of monitoring conducted under paragraph
(c) Report to Congress- Section 327(h) of such
title is amended to read as follows:
`(1) IN GENERAL- Not later than 180 days after the date of enactment of the Jobs
Through Environmental Safeguarding and Streamlining Act of 2011, and every 4 years
thereafter, the Secretary shall make available to the public and submit to the
Committee on Transportation and Infrastructure of the House of Representatives
and the Committee on Environment and Public Works and the Committee on Banking,
Housing, and Urban Affairs of the Senate a report on the results of the program.
`(2) CONTENTS- For each reporting period, the report shall contain, at a minimum,
`(A) An assessment of whether delays
were reduced and project delivery was enhanced as a result of the program.
`(B) An assessment of whether there were cost savings for States participating
in the program and the Department of Transportation as a result of the program.
`(C) An assessment of whether environmental concerns were protected and considered
in States participating in the program at a level consistent with nonparticipating
`(D) Recommendations for changes (if
any) that could be made to enhance or improve the program.
`(E) An assessment of the impact and effectiveness of an environmental document
quality control program of the transportation department of any State participating
in the program.'.
(d) Elimination of Termination Date-
(1) IN GENERAL- Section 327(i)(1) of such title is repealed.
(2) CONFORMING AMENDMENTS- Chapter 3 of such title is amended--
(i) in the section
heading by striking `pilot'; and
(ii) in subsection (a) by striking `pilot'; and
(B) in the chapter analysis by striking the item relating to section 327 and inserting
`327. Surface transportation project