John P. Smith Act

Summary: John P. Smith Act (Sec. 3) This bill modifies the approval process under the National Environmental Policy Act (NEPA) for tribal transportation safety projects to categorically exclude&nbsp;qualifying projects from requirements to conduct environmental assessments and environmental impact statements. A tribal transportation safety project is one that is eligible for assistance under the tribal transportation program and that: (1) corrects or improves a hazardous road location or feature, or (2) addresses a highway safety problem. The Department of the Interior must: (1) review existing Federal Highway Administration categorical exclusions to determine applicability to tribal transportation program projects, and (2) identify tribal transportation safety projects that meet general categorical exclusion requirements. Interior must establish categorical exclusions for tribal projects consistent with its findings. The bill prescribes requirements for the expedited review and approval of tribal transportation safety projects under NEPA or other federal laws. (Sec. 4) Interior must enter into five-year programmatic agreements with Indian tribes that establish efficient administrative procedures for carrying out environmental reviews for tribal transportation program projects. An agreement may allow a tribe to determine whether a project is categorically excluded from the preparation of an environmental assessment or impact statement under NEPA.

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``John P. Smith Act''.

SEC. 2. DEFINITION OF SECRETARY.

    In this Act, the term ``Secretary'' means the Secretary of the 
Interior.

SEC. 3. APPLICATION OF CATEGORICAL EXCLUSIONS TO CERTAIN TRIBAL 
              TRANSPORTATION FACILITIES.

    (a) Definition of Tribal Transportation Safety Project.--
            (1) In general.--In this section, the term ``tribal 
        transportation safety project'' means a project described in 
        paragraph (2) that is eligible for funding under section 202 of 
        title 23, United States Code, and that--
                    (A) corrects or improves a hazardous road location 
                or feature; or
                    (B) addresses a highway safety problem.
            (2) Projects described.--A project described in this 
        paragraph is a project for one or more of the following:
                    (A) An intersection safety improvement.
                    (B) Pavement and shoulder widening (including the 
                addition of a passing lane to remedy an unsafe 
                condition).
                    (C) Installation of rumble strips or another 
                warning device, if the rumble strips or other warning 
                devices do not adversely affect the safety or mobility 
                of bicyclists and pedestrians, including persons with 
                disabilities.
                    (D) Installation of a skid-resistant surface at an 
                intersection or other location with a high frequency of 
                crashes.
                    (E) An improvement for pedestrian or bicyclist 
                safety or the safety of persons with disabilities.
                    (F) Construction and improvement of a railway-
                highway grade crossing safety feature, including the 
                installation of protective devices.
                    (G) The conduct of a model traffic enforcement 
                activity at a railway-highway crossing.
                    (H) Construction of a traffic calming feature.
                    (I) Elimination of a roadside hazard.
                    (J) Installation, replacement, and other 
                improvements of highway signage and pavement markings 
                or a project to maintain minimum levels of 
                retroreflectivity that addresses a highway safety 
                problem consistent with a State strategic highway 
                safety plan.
                    (K) Installation of a priority control system for 
                emergency vehicles at signalized intersections.
                    (L) Installation of a traffic control or other 
                warning device at a location with high crash potential.
                    (M) Transportation safety planning.
                    (N) Collection, analysis, and improvement of safety 
                data.
                    (O) Planning integrated interoperable emergency 
                communications equipment, operational activities, or 
                traffic enforcement activities (including police 
                assistance) relating to work zone safety.
                    (P) Installation of guardrails, barriers (including 
                barriers between construction work zones and traffic 
                lanes for the safety of road users and workers), and 
                crash attenuators.
                    (Q) The addition or retrofitting of structures or 
                other measures to eliminate or reduce crashes involving 
                vehicles and wildlife.
                    (R) Installation of yellow-green signs and signals 
                at pedestrian and bicycle crossings and in school 
                zones.
                    (S) Construction and operational improvements on a 
                high risk rural road (as defined in section 148(a) of 
                title 23, United States Code).
                    (T) Geometric improvements to a road for the 
                purposes of safety improvement.
                    (U) A road safety audit.
                    (V) Roadway safety infrastructure improvements 
                consistent with the recommendations included in the 
                publication of the Federal Highway Administration 
                entitled ``Handbook for Designing Roadways for the 
                Aging Population'' (FHWA-SA-14-015), dated June 2014 
                (or a revised or updated publication).
                    (W) Truck parking facilities eligible for funding 
                under section 1401 of MAP-21 (23 U.S.C. 137 note; 
                Public Law 112-141).
                    (X) Systemic safety improvements.
                    (Y) Installation of vehicle-to-infrastructure 
                communication equipment.
                    (Z) Pedestrian hybrid beacons.
                    (AA) Roadway improvements that provide separation 
                between pedestrians and motor vehicles, including 
                medians and pedestrian crossing islands.
                    (BB) A physical infrastructure safety project not 
                described in subparagraphs (A) through (AA).
    (b) New Categorical Exclusions.--
            (1) Review of existing categorical exclusions.--The 
        Secretary shall review the categorical exclusions under section 
        771.117 of title 23, Code of Federal Regulations (or successor 
        regulations), to determine which, if any, are applicable for 
        use by the Secretary in review of projects eligible for 
        assistance under section 202 of title 23, United States Code.
            (2) Review of tribal transportation safety projects.--The 
        Secretary shall identify tribal transportation safety projects 
        that meet the requirements for categorical exclusions under 
        sections 1507.3 and 1508.4 of title 40, Code of Federal 
        Regulations.
            (3) Proposal.--The Secretary shall issue a proposed rule, 
        in accordance with sections 1507.3 and 1508.4 of title 40, Code 
        of Federal Regulations, to propose any categorical exclusions 
        identified under paragraphs (1) and (2).
            (4) Deadline.--Not later than 180 days after the date of 
        enactment of this Act, and after considering any comments on 
        the proposed rule issued under paragraph (3), the Secretary 
        shall promulgate a final rule for the categorical exclusions, 
        in accordance with sections 1507.3 and 1508.4 of title 40, Code 
        of Federal Regulations.
            (5) Technical assistance.--The Secretary of Transportation 
        shall provide technical assistance to the Secretary in carrying 
        out this subsection.
    (c) Reviews of Tribal Transportation Safety Projects.--
            (1) In general.--The Secretary or the head of another 
        Federal agency responsible for a decision related to a tribal 
        transportation safety project shall complete any approval or 
        decision for the review of the tribal transportation safety 
        project required under the National Environmental Policy Act of 
        1969 (42 U.S.C. 4321 et seq.) or any other applicable Federal 
        law on an expeditious basis using the shortest existing 
        applicable process.
            (2) Review of applications.--Not later than 45 days after 
        the date of receipt of a complete application by an Indian 
        tribe for approval of a tribal transportation safety project, 
        the Secretary shall--
                    (A) take final action on the application; or
                    (B) provide the Indian tribe a schedule for 
                completion of the review described in paragraph (1), 
                including the identification of any other Federal 
                agency that has jurisdiction with respect to the 
                project.
            (3) Decisions under other federal laws.--In any case in 
        which a decision under any other Federal law relating to a 
        tribal transportation safety project (including the issuance or 
        denial of a permit or license) is required, not later than 45 
        days after the Secretary has made all decisions of the lead 
        agency under the National Environmental Policy Act of 1969 (42 
        U.S.C. 4321 et seq.) with respect to the project, the head of 
        the Federal agency responsible for the decision shall--
                    (A) make the applicable decision; or
                    (B) provide the Indian tribe a schedule for making 
                the decision.
            (4) Extensions.--The Secretary or the head of an applicable 
        Federal agency may extend the period under paragraph (2) or 
        (3), as applicable, by an additional 30 days by providing the 
        Indian tribe notice of the extension, including a statement of 
        the need for the extension.
            (5) Notification and explanation.--In any case in which a 
        required action is not completed by the deadline under 
        paragraph (2), (3), or (4), as applicable, the Secretary or the 
        head of a Federal agency, as applicable, shall--
                    (A) notify the Committee on Indian Affairs of the 
                Senate and the Committee on Natural Resources of the 
                House of Representatives of the failure to comply with 
                the deadline; and
                    (B) provide to the Committees described in 
                subparagraph (A) a detailed explanation of the reasons 
                for the failure to comply with the deadline.

SEC. 4. PROGRAMMATIC AGREEMENTS FOR CATEGORICAL EXCLUSIONS.

    (a) In General.--The Secretary shall enter into programmatic 
agreements with Indian tribes that establish efficient administrative 
procedures for carrying out environmental reviews for projects eligible 
for assistance under section 202 of title 23, United States Code.
    (b) Inclusions.--A programmatic agreement under subsection (a)--
            (1) may include an agreement that allows an Indian tribe to 
        determine, on behalf of the Secretary, whether a project is 
        categorically excluded from the preparation of an environmental 
        assessment or environmental impact statement under the National 
        Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); and
            (2) shall--
                    (A) require that the Indian tribe maintain adequate 
                capacity in terms of personnel and other resources to 
                carry out applicable agency responsibilities pursuant 
                to section 1507.2 of title 40, Code of Federal 
                Regulations (or successor regulations);
                    (B) set forth the responsibilities of the Indian 
                tribe for making categorical exclusion determinations, 
                documenting the determinations, and achieving 
                acceptable quality control and quality assurance;
                    (C) allow--
                            (i) the Secretary to monitor compliance of 
                        the Indian tribe with the terms of the 
                        agreement; and
                            (ii) the Indian tribe to execute any needed 
                        corrective action;
                    (D) contain stipulations for amendments, 
                termination, and public availability of the agreement 
                once the agreement has been executed; and
                    (E) have a term of not more than 5 years, with an 
                option for renewal based on a review by the Secretary 
                of the performance of the Indian tribe.

            Passed the Senate November 29, 2017.

            Attest:

                                                             Secretary.
115th CONGRESS

  1st Session

                                 S. 302

_______________________________________________________________________

                                 AN ACT

         To enhance tribal road safety, and for other purposes.