[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.''.