To amend title 23, United States Code, to reauthorize and modify the surface transportation project delivery pilot program, and for other purposes.

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Jobs Through Environmental 
Safeguarding and Streamlining Act of 2010''.

SEC. 2. SURFACE TRANSPORTATION PROJECT DELIVERY PILOT PROGRAM.

    (a) Assumption of Responsibility.--
            (1) Additional responsibility.--Section 327(a)(2)(B)(ii)(I) 
        of title 23, United States Code, is amended to read as follows:
                                    ``(I) responsibility for any 
                                conformity determination (other than a 
                                conformity determination for an 
                                individual project) required under 
                                section 176 of the Clean Air Act (42 
                                U.S.C. 7506); or''.
            (2) Highway projects involving more than one dot modal 
        administration.--Section 327(a)(2) of such title is amended by 
        adding at the end the following:
                    ``(F) Highway projects involving more than one dot 
                modal administration.--
                            ``(i) Treatment of projects.--For purposes 
                        of subparagraph (A), a project shall be treated 
                        as a `highway project' if the Secretary 
                        determines that the Federal Highway 
                        Administration is the lead agency for the 
                        project.
                            ``(ii) Assignment of authorities.--In the 
                        case of a highway project that involves the 
                        Federal Highway Administration and another 
                        modal administration of the Department of 
                        Transportation, the authorities of the 
                        Secretary that may be assigned to a State under 
                        this subsection shall include the authorities 
                        of the Secretary that relate to the Federal 
                        Highway Administration and the other modal 
                        administration.''.
    (b) State Participation.--
            (1) Number of participating states.--Section 327(b)(1) of 
        such title is amended--
                    (A) in the paragraph heading by striking ``Number 
                of Participating States'' and inserting ``In General''; 
                and
                    (B) by striking ``not more than 5'' and all that 
                follows through ``Texas)'' and inserting ``any State 
                that meets the selection criteria contained in 
                paragraph (4)''.
            (2) Written agreement.--Section 327(c) of such title is 
        amended to read as follows:
    ``(c) Written Agreement.--
            ``(1) In general.--A written agreement under this section 
        shall--
                    ``(A) be executed by the Governor or the top-
                ranking transportation official in the State who is 
                charged with responsibility for highway construction;
                    ``(B) be in such form as the Secretary may 
                prescribe;
                    ``(C) provide that the State--
                            ``(i) agrees to assume all or part of the 
                        responsibilities of the Secretary described in 
                        subsection (a);
                            ``(ii) agrees to carry out those 
                        responsibilities using the best available 
                        science;
                            ``(iii) expressly consents, on behalf of 
                        the State, to accept the jurisdiction of the 
                        Federal courts for the compliance, discharge, 
                        and enforcement of any responsibility of the 
                        Secretary assumed by the State;
                            ``(iv) certifies that State laws (including 
                        regulations) are in effect that--
                                    ``(I) authorize the State to take 
                                the actions necessary to carry out the 
                                responsibilities being assumed; and
                                    ``(II) are comparable to section 
                                552 of title 5, including providing 
                                that any decision regarding the public 
                                availability of a document under those 
                                State laws is reviewable by a court of 
                                competent jurisdiction; and
                    ``(D) agrees to maintain the financial resources 
                necessary to carry out the responsibilities being 
                assumed.
            ``(2) Excluded projects.--A written agreement with a State 
        under this section may include a list of projects in the State 
        that are excluded from the program. The list shall be updated 
        annually by mutual agreement between the Secretary and the 
        State.
            ``(3) Term.--A written agreement with a State under this 
        section shall--
                    ``(A) have a term of not more than 5 years; and
                    ``(B) be renewable.
            ``(4) Use of project delivery methods.--A written agreement 
        with a State under this section may not impose on the State a 
        limitation on the use of a project delivery method if the 
        limitation would not otherwise apply to the State under this 
        title or another provision of law. In this paragraph, the term 
        `project delivery method' includes the authority of a State to 
        acquire rights-of-way and conduct final design work for a 
        project with State funds on an at-risk basis prior to 
        completion of the environmental review process for the 
        project.''.
            (3) Audits and monitoring.--Section 327(g) of such title is 
        amended--
                    (A) in the subsection heading by inserting ``and 
                Monitoring'' after ``Audits'';
                    (B) by redesignating paragraph (2) as paragraph 
                (3);
                    (C) by inserting after paragraph (1) the following:
            ``(2) Monitoring.--If a State has been participating in the 
        program pursuant to a written agreement under subsection (c) 
        for a period of 10 consecutive years, the Secretary may monitor 
        compliance by the State with the agreement instead of 
        conducting audits under paragraph (1). If a State, while 
        participating in the monitoring program under this section, 
        repeatedly fails to comply with all aspects of the written 
        agreement under subsection (c), the Secretary shall commence 
        the auditing process. The Secretary shall develop procedures 
        for conducting monitoring under this paragraph.''; and
                    (D) in paragraph (3) (as redesignated by 
                subparagraph (B) of this paragraph) by inserting after 
                ``paragraph (1)'' the following: ``, and the results of 
                monitoring conducted under paragraph (2),''.
    (c) Report to Congress.--Section 327(h) of such title is amended to 
read as follows:
    ``(h) Report to Congress.--
            ``(1) In general.--Not later than 180 days after the date 
        of enactment of the Jobs Through Environmental Safeguarding and 
        Streamlining Act of 2010, and every 4 years thereafter, the 
        Secretary shall submit to Congress, and make available to the 
        public, a report on the results of the program.
            ``(2) Contents.--For each reporting period, the report 
        shall contain, at a minimum, the following:
                    ``(A) An assessment of whether delays were reduced 
                and project delivery was enhanced as a result of the 
                program.
                    ``(B) An assessment of whether there were cost 
                savings for States participating in the program and the 
                Department of Transportation as a result of the 
                program.
                    ``(C) An assessment of whether environmental 
                concerns were protected and considered in States 
                participating in the program at a level consistent with 
                nonparticipating States.
                    ``(D) Recommendations for changes (if any) that 
                could be made to enhance or improve the program.
                    ``(E) An assessment of the impact and effectiveness 
                of an environmental document quality control program of 
                the transportation department of any State 
                participating in the program.''.
    (d) Termination Date.--Section 327(i)(1) of such title is amended 
by striking ``date of enactment of this section'' and inserting ``date 
of enactment of the Jobs Through Environmental Safeguarding and 
Streamlining Act of 2010''.
    (e) Demonstration Program.--Section 327 of such title is amended by 
adding at the end the following:
    ``(j) Use of State Environmental Review Laws for Low Impact 
Projects.--
            ``(1) Demonstration program.--Subject to the requirements 
        of this subsection, the Secretary shall carry out a 
        demonstration program to permit eligible States that assume 
        responsibilities of the Secretary under subsection (a)(2) to 
        carry out the responsibilities through the implementation of 
        the environmental laws of the State instead of Federal 
        environmental laws.
            ``(2) Limitation on state authority.--
                    ``(A) Limitation.--The authority of a State under 
                the demonstration program shall be limited to 
                conducting the Secretary's responsibilities for 
                environmental reviews, consultation, and other 
                requirements with respect to low impact projects.
                    ``(B) Low impact project defined.--In this 
                subsection, the term `low impact project' means a 
                highway project that meets such criteria as may be 
                established by the Secretary by regulation.
            ``(3) Eligible states.--The Secretary may permit a State to 
        participate in the demonstration program only if the Secretary 
        determines, after reviewing the environmental laws of the 
        State, and such other materials as the Secretary may require, 
        that--
                    ``(A) the environmental laws of the State provide a 
                substantially equivalent level of environmental 
                protection as applicable Federal laws; and
                    ``(B) participation by the State in the 
                demonstration program will not diminish protection of 
                the environment.
            ``(4) Concurrence of other agencies.--The Secretary may 
        permit a State to participate in the demonstration program only 
        with the concurrence of the Council on Environmental Quality, 
        the Administrator of the Environmental Protection Agency, the 
        Secretary of the Interior, the Secretary of Commerce, and the 
        heads of other appropriate Federal environmental and natural 
        resource agencies, as identified by the Secretary.
            ``(5) Audits and monitoring.--A State participating in the 
        demonstration program shall continue to be subject to the 
        requirements of subsection (g), including requirements relating 
        to the public availability of audits and monitoring results.
            ``(6) Modification of written agreement.--The Secretary 
        shall provide for the participation of a State in the 
        demonstration program by modifying the written agreement 
        entered into by the Secretary with the State under subsection 
        (c).
            ``(7) Termination of state participation.--The Secretary 
        may terminate the participation of a State in the demonstration 
        program in accordance with the procedures specified in 
        subsection (i)(2).
            ``(8) Report to congress.--
                    ``(A) In general.--Not later than one year after 
                the date on which the first State is selected for 
                participation in the demonstration program, and 
                annually thereafter, the Secretary shall submit to 
                Congress, and make available to the public, a report on 
                the results of the demonstration program.
                    ``(B) Contents.--For each reporting period, the 
                report shall contain, at a minimum, the following:
                            ``(i) A list identifying how many projects 
                        have been completed under the demonstration 
                        program.
                            ``(ii) An assessment of whether delays were 
                        reduced and project delivery was enhanced as a 
                        result of the demonstration program.
                            ``(iii) An assessment of whether there have 
                        been any adverse impacts or risks to the 
                        environment as a result of the demonstration 
                        program.
            ``(9) Sunset date.--The demonstration program shall 
        terminate on the date that is 6 years after the date of 
        enactment of this subsection.''.

Summary: Jobs Through Environmental Safeguarding and Streamlining Act of 2010 - Modifies the prohibition, under the surface transportation project delivery pilot program, against assignment to a state of the responsibility of the Secretary of Transportation (DOT) for any conformity determination under the Clean Air Act with regard to highway projects in the state. Allows the Secretary to assign a state that responsibility for an individual project. Treats any project as a highway project if the Federal Highway Administration (FHWA) is the lead agency for it. Allows the Secretary to assign a state authorities relating to the FHWA and another DOT modal administration with regard to any highway project involving such agencies. Eliminates the limitation to Alaska, California, Ohio, Oklahoma, and Texas of state participation in the program. Allows program participation by any state meeting the selection criteria. Revises requirements for the written agreement under the pilot program between the Secretary and a state governor to include agreement to carry out the Secretary's assigned responsibilities using the best available science. Limits such an agreement to a five-year renewable term. Allows the agreement to list projects excluded from the program. Prohibits the agreement from imposing on the state a limitation on the use of a project delivery method, if the limitation would not otherwise apply to the state. Treats as a project delivery method state authority to acquire rights-of-way and conduct final design work for a project with state funds on an at-risk basis before completion of the project's environmental review process. Authorizes the Secretary to monitor state compliance with an agreement, instead of conducting an audit, if the state has been participating in the program pursuant to the agreement for ten consecutive years. Requires the Secretary to commence the auditing process, however, if a state, while participating in the monitoring program, repeatedly fails to comply with all aspects of the agreement.