I 

116TH CONGRESS 

1ST SESSION H. R. 4759 

To increase emergency and disaster relief response, build safer communities, 

strengthen Second Amendment rights, streamline administrative reviews, 

and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

OCTOBER 18, 2019 

Mr. KEVIN HERN of Oklahoma introduced the following bill; which was 

referred to the Committee on Transportation and Infrastructure 

A BILL 

To increase emergency and disaster relief response, build 

safer communities, strengthen Second Amendment 

rights, streamline administrative reviews, and for other 

purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Withdrawing from Overburdensome Reviews and Keep6 ing us Safe Act’’ or the ‘‘WORKS Act’’. 

7 (b) TABLE OF CONTENTS.—The table of contents for 

8 this Act is as follows: 


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Sec. 1. Short title; table of contents. 

Sec. 2. Definitions. 

Sec. 3. Effective date. 

TITLE I—EMERGENCY AND DISASTER RELIEF THROUGH 

INCENTIVIZING BETTER PREPAREDNESS AND RESPONSE EFFORTS 

Sec. 1001. National Highway Performance Program. 

Sec. 1002. Emergency relief. 

Sec. 1003. Disaster relief mobilization pilot program. 

Sec. 1004. Improved benefit feasibility assessments for emergency projects. 

Sec. 1005. Enhanced emergency communication of risk. 

TITLE II—CREATING SAFER COMMUNITIES BY REDUCING 

THREATS AND INCREASING COORDINATION WHILE PROTECTING SECOND AMENDMENT RIGHTS 

Sec. 2001. Safe Routes to School program. 

Sec. 2002. Safety incentive programs. 

Sec. 2003. Stopping threats on pedestrians. 

Sec. 2004. Cyber security tool; cyber coordinator. 

Sec. 2005. Increased self defense on recreational lands. 

TITLE III—STREAMLINING FEDERAL BUREAUCRACY FOR EFFICIENT ENVIRONMENTAL REVIEWS ON FEDERAL AND TRIBAL 

TRANSPORTATION INITIATIVES 

Sec. 3001. Efficient environmental reviews for project decision making and one 

Federal decision. 

Sec. 3002. Environmental reviews for certain tribal transportation facilities. 

1 SEC. 2. DEFINITIONS. 

2 In this Act: 

3 (1) DEPARTMENT.—The term ‘‘Department’’ 

4 means the Department of Transportation. 

5 (2) SECRETARY.—The term ‘‘Secretary’’ means 

6 the Secretary of Transportation. 

7 SEC. 3. EFFECTIVE DATE. 

8 This Act and the amendments made by this Act take 

9 effect on October 1, 2020. 


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1 TITLE I—EMERGENCY AND DIS2 ASTER RELIEF THROUGH 

3 INCENTIVIZING BETTER PRE4 PAREDNESS AND RESPONSE 

5 EFFORTS 

6 SEC. 1001. NATIONAL HIGHWAY PERFORMANCE PROGRAM. 

7 Section 119 of title 23, United States Code, is 

8 amended— 

9 (1) in subsection (b)— 

10 (A) in paragraph (2), by striking ‘‘and’’ at 

11 the end; 

12 (B) in paragraph (3), by striking the pe13 riod at the end and inserting ‘‘; and’’; and 

14 (C) by adding at the end the following: 

15 ‘‘(4) to provide support for measures to in16 crease the resiliency of Federal-aid highways and 

17 bridges on and off the National Highway System to 

18 mitigate the impacts of sea level rise, extreme weath19 er events, flooding, or other natural disasters.’’; and 

20 (2) by adding at the end the following: 

21 ‘‘(k) PROTECTIVE FEATURES.— 

22 ‘‘(1) IN GENERAL.—A State may use not more 

23 than 15 percent of the funds apportioned to the 

24 State under section 104(b)(1) for each fiscal year 

25 for one or more protective features on a Federal-aid 


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1 highway or bridge off the National Highway System, 

2 if the protective feature is designed to mitigate the 

3 risk of recurring damage, or the cost of future re4 pairs, from extreme weather events, flooding, or 

5 other natural disasters. 

6 ‘‘(2) PROTECTIVE FEATURES DESCRIBED.—A 

7 protective feature referred to in paragraph (1) may 

8 include— 

9 ‘‘(A) raising roadway grades; 

10 ‘‘(B) relocating roadways in a base flood11 plain to higher ground above projected flood 

12 elevation levels or away from slide prone areas; 

13 ‘‘(C) stabilizing slide areas; 

14 ‘‘(D) stabilizing slopes; 

15 ‘‘(E) installing riprap; 

16 ‘‘(F) lengthening or raising bridges to in17 crease waterway openings; 

18 ‘‘(G) deepening channels to prevent flood19 ing; 

20 ‘‘(H) increasing the size or number of 

21 drainage structures; 

22 ‘‘(I) replacing culverts with bridges or 

23 upsizing culverts; 

24 ‘‘(J) repairing or maintaining tide gates; 

25 ‘‘(K) installing seismic retrofits on bridges; 


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1 ‘‘(L) adding scour protection at bridges; 

2 ‘‘(M) adding scour, stream stability, coast3 al, or other hydraulic countermeasures, includ4 ing spur dikes; 

5 ‘‘(N) the use of natural infrastructure to 

6 mitigate the risk of recurring damage or the 

7 cost of future repair from extreme weather 

8 events, flooding, or other natural disasters; and 

9 ‘‘(O) any other features that mitigate the 

10 risk of recurring damage or the cost of future 

11 repair as a result of extreme weather events, 

12 flooding, or other natural disasters, as deter13 mined by the Secretary. 

14 ‘‘(3) SAVINGS PROVISION.—Nothing in this sub15 section limits the ability of a State to carry out a 

16 project otherwise eligible under subsection (d) using 

17 funds apportioned under section 104(b)(1).’’. 

18 SEC. 1002. EMERGENCY RELIEF. 

19 Section 125 of title 23, United States Code, is 

20 amended— 

21 (1) in subsection (a)(1), by inserting ‘‘wildfire, 

22 sea level rise,’’ after ‘‘severe storm’’; 

23 (2) by striking subsection (b) and inserting the 

24 following: 


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1 ‘‘(b) RESTRICTION ON ELIGIBILITY.—Funds under 

2 this section shall not be used for the repair or reconstruc3 tion of a bridge that has been permanently closed to all 

4 vehicular traffic by the Federal, State, Tribal, or respon5 sible local official because of imminent danger of collapse 

6 due to a structural deficiency or physical deterioration.’’; 

7 and 

8 (3) in subsection (d)— 

9 (A) in paragraph (2)(A)— 

10 (i) by striking the period at the end 

11 and inserting ‘‘; and’’; 

12 (ii) by striking ‘‘a facility that meets 

13 the current’’ and inserting the following: 

14 ‘‘a facility that— 

15 ‘‘(i) meets the current’’; and 

16 (iii) by adding at the end the fol17 lowing: 

18 ‘‘(ii) incorporates economically justifi19 able improvements designed to mitigate the 

20 risk of recurring damage from extreme 

21 weather events, flooding, or other natural 

22 disasters.’’; 

23 (B) by redesignating paragraphs (3) 

24 through (5) as paragraphs (4) through (6), re25 spectively; and 


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1 (C) by inserting after paragraph (2) the 

2 following: 

3 ‘‘(3) PROTECTIVE FEATURES.— 

4 ‘‘(A) IN GENERAL.—The cost of an im5 provement that is part of a project under this 

6 section shall be an eligible expense under this 

7 section if the improvement is a protective fea8 ture that is designed to mitigate the risk of re9 curring damage, or the cost of future repair, 

10 from extreme weather events, flooding, or other 

11 natural disasters. 

12 ‘‘(B) PROTECTIVE FEATURES DE13 SCRIBED.—A protective feature referred to in 

14 subparagraph (A) may include— 

15 ‘‘(i) raising roadway grades; 

16 ‘‘(ii) relocating roadways in a base 

17 floodplain to higher ground above projected 

18 flood elevation levels or away from slide 

19 prone areas; 

20 ‘‘(iii) stabilizing slide areas; 

21 ‘‘(iv) stabilizing slopes; 

22 ‘‘(v) installing riprap; 

23 ‘‘(vi) lengthening or raising bridges to 

24 increase waterway openings; 


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1 ‘‘(vii) deepening channels to prevent 

2 flooding; 

3 ‘‘(viii) increasing the size or number 

4 of drainage structures; 

5 ‘‘(ix) replacing culverts with bridges 

6 or upsizing culverts; 

7 ‘‘(x) repairing or maintaining tide 

8 gates; 

9 ‘‘(xi) installing seismic retrofits on 

10 bridges; 

11 ‘‘(xii) adding scour protection at 

12 bridges; 

13 ‘‘(xiii) adding scour, stream stability, 

14 coastal, and other hydraulic counter15 measures, including spur dikes; 

16 ‘‘(xiv) the use of natural infrastruc17 ture to mitigate the risk of recurring dam18 age or the cost of future repair from ex19 treme weather events, flooding, or other 

20 natural disasters; and 

21 ‘‘(xv) any other features that mitigate 

22 the risk of recurring damage or the cost of 

23 future repair as a result of extreme weath24 er events, flooding, or other natural disas25 ters, as determined by the Secretary.’’. 


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1 SEC. 1003. DISASTER RELIEF MOBILIZATION PILOT PRO2 GRAM. 

3 (a) DEFINITIONS.—In this section: 

4 (1) LOCAL COMMUNITY.—The term ‘‘local com5 munity’’ means— 

6 (A) a unit of local government; 

7 (B) a political subdivision of a State or 

8 local government; 

9 (C) a metropolitan planning organization 

10 (as defined in section 134(b) of title 23, United 

11 States Code); 

12 (D) a rural planning organization; or 

13 (E) a Tribal government. 

14 (2) PILOT PROGRAM.—The term ‘‘pilot pro15 gram’’ means the pilot program established by the 

16 Secretary under subsection (b). 

17 (b) ESTABLISHMENT.—The Secretary shall establish 

18 and carry out a pilot program under which the Secretary 

19 shall provide grants to local communities to develop dis20 aster preparedness and disaster response plans that in21 clude the use of bicycles. 

22 (c) APPLICATION AND SELECTION REQUIRE23 MENTS.— 

24 (1) PARTNERSHIPS.—To be eligible to receive a 

25 grant under the pilot program, a local community 


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1 shall demonstrate plans to enter into a partnership 

2 with— 

3 (A) one or more nonprofit community or4 ganizations active in disaster relief or commu5 nity development; or 

6 (B) one or more bicycle or pedestrian ad7 vocacy organizations. 

8 (2) APPLICATION.—To be eligible to receive a 

9 grant under the pilot program, a local community 

10 shall submit to the Secretary an application at such 

11 time, in such manner, and containing such informa12 tion as the Secretary may require, including an iden13 tification of each nonprofit community organization 

14 and bicycle or pedestrian advocacy organization with 

15 which the local community plans to establish a part16 nership under paragraph (1). 

17 (3) SELECTION.—For each fiscal year, the Sec18 retary shall select not fewer than 4, and not more 

19 than 10, local communities that meet the eligibility 

20 requirements to receive a grant under the pilot pro21 gram. 

22 (d) MAXIMUM AMOUNT.—The maximum amount of 

23 a grant under the pilot program shall be $125,000. 

24 (e) USE OF FUNDS.— 

25 (1) VULNERABILITY ASSESSMENT.— 


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1 (A) IN GENERAL.—Each recipient of a 

2 grant under the pilot program shall carry out a 

3 vulnerability assessment of the current infra4 structure of the applicable community that sup5 ports active transportation, including bicycling, 

6 walking, and personal mobility devices, with a 

7 particular focus on areas in the local commu8 nity that— 

9 (i) have low levels of vehicle owner10 ship; and 

11 (ii) lack sufficient active transpor12 tation infrastructure routes to public 

13 transportation. 

14 (B) PUBLIC PARTICIPATION.—In carrying 

15 out the vulnerability assessment under subpara16 graph (A), a grant recipient shall— 

17 (i) provide an opportunity for public 

18 participation and feedback; and 

19 (ii) consider public feedback in devel20 oping or modifying response plans under 

21 paragraph (2). 

22 (2) DISASTER PREPAREDNESS AND DISASTER

23 RESPONSE PLANS.—Each recipient of a grant under 

24 the pilot program shall develop or modify, as appli25 cable, disaster preparedness and disaster response 


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1 plans to include the use of bicycles by first respond2 ers, emergency workers, and community organiza3 tion representatives— 

4 (A) during a mandatory or voluntary evac5 uation ordered by a Federal, State, Tribal, or 

6 local government entity— 

7 (i) to notify residents of the need to 

8 evacuate; 

9 (ii) to evacuate individuals and goods; 

10 and 

11 (iii) to reach individuals who are in 

12 need of first aid and medical assistance; 

13 and 

14 (B) after a disaster or emergency declared 

15 by a Federal, State, Tribal, or local government 

16 entity— 

17 (i) to participate in search and rescue 

18 activities; 

19 (ii) to carry commodities to be used 

20 for life-saving or life-sustaining purposes, 

21 including— 

22 (I) water; 

23 (II) food; 

24 (III) first aid and other medical 

25 supplies; and 


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1 (IV) power sources and electric 

2 supplies, such as cell phones, radios, 

3 lights, and batteries; 

4 (iii) to reach individuals who are in 

5 need of the items described in clause (ii); 

6 and 

7 (iv) to assist with other disaster relief 

8 tasks, as appropriate. 

9 (3) PREPAREDNESS TRAINING, EXERCISES, AND

10 EQUIPMENT.—Each recipient of a grant under the 

11 pilot program shall— 

12 (A) provide training for first responders, 

13 emergency workers, and community organiza14 tion representatives regarding— 

15 (i) competent bicycle skills, including 

16 the use of cargo bicycles and electric bicy17 cles, as applicable; 

18 (ii) basic bicycle maintenance; and 

19 (iii) methods to use bicycles to carry 

20 out the activities described in subpara21 graphs (A) and (B) of paragraph (2); 

22 (B) conduct exercises for the purpose of— 

23 (i) exercising the skills described in 

24 subparagraph (A); and 


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1 (ii) maintaining bicycles and related 

2 equipment; and 

3 (C) provide bicycles, as necessary and ap4 propriate, to each community organization act5 ing in partnership with the recipient to allow 

6 representatives of the organization to assist in 

7 disaster preparedness and disaster response ef8 forts. 

9 (f) REPORT.—Not later than 3 years after the date 

10 of enactment of this Act, the Secretary shall submit to 

11 Congress a report that— 

12 (1) describes the activities carried out under the 

13 pilot program; 

14 (2) analyzes the effectiveness of the pilot pro15 gram; and 

16 (3) includes recommendations, if any, regarding 

17 methods by which to incorporate bicycles into dis18 aster preparedness and disaster response plans in 

19 other communities. 

20 SEC. 1004. IMPROVED BENEFIT FEASIBILITY ASSESSMENTS 

21 FOR EMERGENCY PROJECTS. 

22 Section 5(a)(2)(A) of the Flood Control Act of 1941 

23 (33 U.S.C. 701n(a)(2)(A)) is amended to read as follows: 

24 ‘‘(A) CONSIDERATION OF BENEFITS.—In 

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1 ment for any emergency project described in 

2 paragraph (1), the Chief of Engineers shall con3 sider— 

4 ‘‘(i) the benefits to be gained by such 

5 project for the protection of— 

6 ‘‘(I) residential establishments; 

7 ‘‘(II) commercial establishments, 

8 including the protection of inventory; 

9 and 

10 ‘‘(III) agricultural establish11 ments, including the protection of 

12 crops; and 

13 ‘‘(ii) the benefits to navigation to be 

14 gained by such project.’’. 

15 SEC. 1005. ENHANCED EMERGENCY COMMUNICATION OF 

16 RISK. 

17 Section 3027(d) of the Water Resources Reform and 

18 Development Act of 2014 (33 U.S.C. 709c(d)) is amended 

19 by inserting ‘‘, or when the National Weather Service fore20 casts a possibility that precipitation or runoff will exceed,’’ 

21 after ‘‘when precipitation or runoff exceeds’’. 


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1 TITLE II—CREATING SAFER 

2 COMMUNITIES BY REDUCING 

3 THREATS AND INCREASING 

4 COORDINATION WHILE PRO5 TECTING SECOND AMEND6 MENT RIGHTS 

7 SEC. 2001. SAFE ROUTES TO SCHOOL PROGRAM. 

8 Section 1404 of SAFETEA–LU (23 U.S.C. 402 note; 

9 Public Law 109–59) is amended— 

10 (1) in subsection (a), by striking ‘‘primary and 

11 middle’’ and inserting ‘‘primary, middle, and high’’; 

12 and 

13 (2) in subsection (k)(2)— 

14 (A) in the heading, by striking ‘‘PRIMARY

15 AND MIDDLE’’ and inserting ‘‘PRIMARY, MID16 DLE, AND HIGH’’; 

17 (B) by striking ‘‘primary and middle’’ and 

18 inserting ‘‘primary, middle, and high’’; and 

19 (C) by striking ‘‘eighth grade’’ and insert20 ing ‘‘12th grade’’. 

21 SEC. 2002. SAFETY INCENTIVE PROGRAMS. 

22 (a) FORMULA SAFETY INCENTIVE PROGRAM.—Chap23 ter 1 of title 23, United States Code, is amended by add24 ing at the end the following: 


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1 ‘‘§ 171. Formula safety incentive program 

2 ‘‘(a) DEFINITIONS.—In this section: 

3 ‘‘(1) METROPOLITAN PLANNING ORGANIZATION; 

4 URBANIZED AREA.—The terms ‘metropolitan plan5 ning organization’ and ‘urbanized area’ have the 

6 meaning given those terms in section 134(b). 

7 ‘‘(2) TRANSPORTATION MANAGEMENT AREA.— 

8 The term ‘transportation management area’ means 

9 a transportation management area identified or des10 ignated by the Secretary under section 134(k)(1). 

11 ‘‘(3) VULNERABLE ROAD USER.—The term 

12 ‘vulnerable road user’ means a nonmotorist (as that 

13 term is used in the Fatality Analysis Reporting Sys14 tem of the National Highway Traffic Safety Admin15 istration). 

16 ‘‘(4) VULNERABLE ROAD USER SAFETY FOCUS

17 AREA.—The term ‘vulnerable road user safety focus 

18 area’ means— 

19 ‘‘(A) an urbanized area with combined fa20 tality rate of vulnerable road users that is 

21 greater than 1.5 per 100,000 individuals; or 

22 ‘‘(B) a State in which fatalities of vulner23 able road users combined represents not less 

24 than 15 percent of the total annual crash fatali25 ties in the State. 

26 ‘‘(b) FORMULA FUNDING AWARDS.— 


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1 ‘‘(1) IN GENERAL.—For each fiscal year, the 

2 Secretary shall distribute among the States the 

3 amounts made available to carry out this section for 

4 that fiscal year in accordance with paragraph (2). 

5 ‘‘(2) DISTRIBUTION.—The amount for each 

6 State shall be determined by multiplying the total 

7 amount of funding made available to carry out this 

8 section for the applicable fiscal year by the ratio 

9 that— 

10 ‘‘(A) the total base apportionment for the 

11 State under section 104(c); bears to 

12 ‘‘(B) the total base apportionments for all 

13 States under section 104(c). 

14 ‘‘(c) SAFETY SUPPLEMENTAL.— 

15 ‘‘(1) IN GENERAL.—A State shall use 50 per16 cent of the amount distributed to the State under 

17 subsection (b) for each fiscal year to carry out the 

18 eligible activities under paragraph (2). 

19 ‘‘(2) ELIGIBLE ACTIVITIES.— 

20 ‘‘(A) STATES.—Subject to paragraph 

21 (4)(A), a State shall use the funds under para22 graph (1) for a highway safety improvement 

23 project or strategy included on the State stra24 tegic highway safety plan (as defined in section 

25 148(a)) of the State. 


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1 ‘‘(B) MPOs.—Subject to paragraph 

2 (4)(B), a metropolitan planning organization 

3 that is required to obligate funds under sub4 section (e) shall use the funds under paragraph 

5 (1) for a highway safety improvement project 

6 (as defined in section 148(a)). 

7 ‘‘(3) FEDERAL SHARE.—The Federal share of 

8 the cost of a project carried out with funds under 

9 paragraph (1) shall be determined in accordance 

10 with section 120. 

11 ‘‘(4) LIMITATION ON FLEXIBILITY.— 

12 ‘‘(A) STATES.—Notwithstanding para13 graph (2)(A), a State that is a vulnerable road 

14 user safety focus area shall use the funds under 

15 paragraph (1) for a highway safety improve16 ment project (as defined in section 148(a)) to 

17 improve the safety of vulnerable road users, re18 gardless of whether the project is included on 

19 the State strategic highway safety plan (as de20 fined in section 148(a)) of the State. 

21 ‘‘(B) MPOs.—Notwithstanding paragraph 

22 (2)(B), a metropolitan planning organization 

23 that is required to obligate funds under sub24 section (e) that contains an area designated as 

25 a vulnerable road user safety focus area shall 


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1 use the funds under paragraph (1) for a high2 way safety improvement project (as defined in 

3 section 148(a)) to improve the safety of vulner4 able road users. 

5 ‘‘(d) SAFETY PLANNING INCENTIVE.— 

6 ‘‘(1) VULNERABLE ROAD USER SAFETY ASSESS7 MENTS.— 

8 ‘‘(A) IN GENERAL.—A State may, in con9 sultation with metropolitan planning organiza10 tions within the State, develop and publish a 

11 State vulnerable road user safety assessment 

12 described in subparagraph (B). 

13 ‘‘(B) STATE VULNERABLE ROAD USER

14 SAFETY ASSESSMENT DESCRIBED.—A vulner15 able road user safety assessment referred to in 

16 subparagraph (A) is an assessment of the safe17 ty performance of the State with respect to vul18 nerable road users and the plan of the State, 

19 developed in consultation with the metropolitan 

20 planning organizations within the State, if any, 

21 to improve the safety of vulnerable road users, 

22 which shall— 

23 ‘‘(i) include the approximate location 

24 within the State of each vulnerable road 

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1 ported 2-year period of final data from the 

2 Fatality Analysis Reporting System of the 

3 National Highway Traffic Safety Adminis4 tration and the operating speed of the 

5 roadway at that location; 

6 ‘‘(ii) include the corridors within the 

7 State on which a vulnerable road user fa8 tality has occurred during the most re9 cently reported 2-year period of final data 

10 from the Fatality Analysis Reporting Sys11 tem of the National Highway Traffic Safe12 ty Administration and the operating speeds 

13 of those corridors; 

14 ‘‘(iii) include a list of projects within 

15 the State that primarily address the safety 

16 of vulnerable road users that— 

17 ‘‘(I) have been completed during 

18 the 2 most recent fiscal years prior to 

19 date of the publication of the vulner20 able road user safety assessment, in21 cluding the amount of funding that 

22 has been dedicated to those projects, 

23 described in total amounts and as a 

24 percentage of total capital expendi25 tures; 


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1 ‘‘(II) are planned to be completed 

2 during the 2 fiscal years following the 

3 date of the publication of the vulner4 able road user assessment, including 

5 the amount of funding that the State 

6 plans to be dedicated to those 

7 projects, described in total amounts 

8 and as a percentage of total capital 

9 expenditures; and 

10 ‘‘(III) have the potential to be in11 cluded on the list described in sub12 clause (II) once the permitting and 

13 approval processes for those projects 

14 are complete, including the reason for 

15 the delay in the completion of those 

16 processes, if any; and 

17 ‘‘(iv) be reviewed and certified by the 

18 Secretary to have met the requirements of 

19 this subparagraph. 

20 ‘‘(2) ACCELERATION OF SAFETY PROJECT DE21 LIVERY.—For each project identified by a State 

22 under paragraph (1)(B)(iii)(III), to the maximum 

23 extent practicable, the Secretary, in consultation 

24 with the State, shall use the authority under section 


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1 1420 of the FAST Act (23 U.S.C. 101 note; Public 

2 Law 114–94) to accelerate delivery of the project. 

3 ‘‘(3) SAFETY PLAN INCENTIVE.—A State shall 

4 use 50 percent of the amounts made available to the 

5 State under subsection (b) for each fiscal year to 

6 carry out eligible activities under paragraph (4). 

7 ‘‘(4) ELIGIBLE ACTIVITIES.— 

8 ‘‘(A) IN GENERAL.—A State and any met9 ropolitan planning organization in the State 

10 that is required to obligate funds under sub11 section (e) may use funds under paragraph (3) 

12 for a project or strategy described in subsection 

13 (c)(2). 

14 ‘‘(B) ADDITIONAL ELIGIBILITY INCEN15 TIVE.—In addition to the eligible activities 

16 under subparagraph (A), a State and any met17 ropolitan planning organization in the State 

18 that is required to obligate funds under sub19 section (e) may use the funds under paragraph 

20 (3) for a project eligible under section 133(b) 

21 if— 

22 ‘‘(i) the State has, within the fiscal 

23 year prior to the fiscal year in which the 

24 Secretary is making the grant or by a 

25 deadline established by the Secretary in 


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1 the fiscal year in which the Secretary is 

2 making the grant, conducted and published 

3 a vulnerable road user safety assessment 

4 described in paragraph (1)(B) that has 

5 been approved by the Secretary under 

6 clause (iv) of that paragraph; or 

7 ‘‘(ii) for a State that has previously 

8 published a vulnerable road user safety as9 sessment described in paragraph (1)(B) 

10 that has been approved by the Secretary 

11 under clause (iv) of that paragraph— 

12 ‘‘(I) the State has, within the fis13 cal year prior to the fiscal year in 

14 which the Secretary is making the 

15 grant or by a deadline established by 

16 the Secretary in the fiscal year in 

17 which the Secretary is making the 

18 grant, updated the estimates de19 scribed in clauses (i) and (ii) of para20 graph (1)(B); and 

21 ‘‘(II) the State and the metro22 politan planning organization have, 

23 within the 4 fiscal years prior to the 

24 fiscal year in which the Secretary is 

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1 tablished by the Secretary in the fiscal 

2 year in which the Secretary is making 

3 the grant, incorporated a vulnerable 

4 road user safety assessment described 

5 in paragraph (1)(B) into— 

6 ‘‘(aa) a long-range transpor7 tation plan developed by the met8 ropolitan planning organization 

9 under section 134(c), if any; and 

10 ‘‘(bb) the long-range state11 wide transportation plan devel12 oped by the State under section 

13 135(f)(1). 

14 ‘‘(5) FEDERAL SHARE.—The Federal share of 

15 the cost of a project carried out using funds under 

16 paragraph (3)— 

17 ‘‘(A) in the case of a State or metropolitan 

18 planning organization within a State that meets 

19 the requirements under paragraph (4)(B), may 

20 be up to 100 percent, at the discretion of the 

21 State; and 

22 ‘‘(B) in the case of a State or metropolitan 

23 planning organization within a State that is not 

24 described in subparagraph (A), shall be deter25 mined in accordance with section 120. 


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1 ‘‘(e) SUBALLOCATION REQUIREMENTS.— 

2 ‘‘(1) IN GENERAL.—For each fiscal year, of the 

3 funds made available to a State under subsections 

4 (c) and (d)— 

5 ‘‘(A) 65 percent of each amount shall be 

6 obligated, in proportion to their relative shares 

7 of the population of the State— 

8 ‘‘(i) in urbanized areas of the State 

9 with an urbanized area population of over 

10 200,000; and 

11 ‘‘(ii) in other areas of the State; and 

12 ‘‘(B) the remainder may be obligated in 

13 any area of the State. 

14 ‘‘(2) METROPOLITAN AREAS.—Funds attributed 

15 to an urbanized area under paragraph (1)(A)(i) may 

16 be obligated in the metropolitan area established 

17 under section 134 that encompasses the urbanized 

18 area. 

19 ‘‘(3) DISTRIBUTION AMONG URBANIZED AREAS

20 OF OVER 200,000 POPULATION.— 

21 ‘‘(A) IN GENERAL.—Except as provided in 

22 subparagraph (B), the amount that a State is 

23 required to obligate under paragraph (1)(A)(i) 

24 shall be obligated in urbanized areas described 


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1 in paragraph (1)(A)(i) based on the relative 

2 population of the areas. 

3 ‘‘(B) OTHER FACTORS.—The State may 

4 obligate the funds described in subparagraph 

5 (A) based on other factors if— 

6 ‘‘(i) the State and the relevant metro7 politan planning organizations jointly apply 

8 to the Secretary for the permission to base 

9 the obligation on other factors; and 

10 ‘‘(ii) the Secretary grants the request. 

11 ‘‘(4) CONSULTATION IN URBANIZED AREAS.— 

12 Before obligating funds for an activity under sub13 section (c) or (d) in an urbanized area that is not 

14 a transportation management area, a State shall 

15 consult with any metropolitan planning organization 

16 that represents the urbanized area prior to deter17 mining which activities should be carried out. 

18 ‘‘(5) CONSULTATION IN RURAL AREAS.—Before 

19 obligating funds for an eligible activity under sub20 sections (c) and (d) in a rural area, a State shall 

21 consult with any regional transportation planning 

22 organization or metropolitan planning organization 

23 that represents a rural area of the State prior to de24 termining which activities should be carried out.’’. 


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1 (b) CONFORMING AMENDMENT.—The table of sec2 tions for chapter I of title 23, United States Code, is 

3 amended by adding at the end the following: 

‘‘171. Formula safety incentive program.’’. 

4 SEC. 2003. STOPPING THREATS ON PEDESTRIANS. 

5 (a) DEFINITION OF BOLLARD INSTALLATION

6 PROJECT.—In this section, the term ‘‘bollard installation 

7 project’’ means a project to install raised concrete or metal 

8 posts on a sidewalk adjacent to a roadway that are de9 signed to slow or stop a motor vehicle. 

10 (b) ESTABLISHMENT.—Not later than 1 year after 

11 the date of enactment of this Act and subject to the avail12 ability of appropriations, the Secretary shall establish and 

13 carry out a competitive grant pilot program to provide as14 sistance to local government entities for bollard installa15 tion projects designed to prevent pedestrian injuries and 

16 acts of terrorism in areas used by large numbers of pedes17 trians. 

18 (c) APPLICATION.—To be eligible to receive a grant 

19 under this section, a local government entity shall submit 

20 to the Secretary an application at such time, in such form, 

21 and containing such information as the Secretary deter22 mines to be appropriate, which shall include, at a min23 imum— 

24 (1) a description of the proposed bollard instal25 lation project to be carried out; 


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1 (2) a description of the pedestrian injury or ter2 rorism risks with respect to the proposed installation 

3 area; and 

4 (3) an analysis of how the proposed bollard in5 stallation project will mitigate those risks. 

6 (d) USE OF FUNDS.—A recipient of a grant under 

7 this section may only use the grant funds for a bollard 

8 installation project. 

9 (e) FEDERAL SHARE.—The Federal share of the 

10 costs of a bollard installation project carried out with a 

11 grant under this section may be up to 100 percent. 

12 (f) AUTHORIZATION OF APPROPRIATIONS.—There is 

13 authorized to be appropriated to the Secretary to carry 

14 out this section $5,000,000 for each of fiscal years 2021 

15 through 2025. 

16 SEC. 2004. CYBER SECURITY TOOL; CYBER COORDINATOR. 

17 (a) DEFINITIONS.—In this section: 

18 (1) ADMINISTRATOR.—The term ‘‘Adminis19 trator’’ means the Administrator of the Federal 

20 Highway Administration. 

21 (2) CYBER INCIDENT.—The term ‘‘cyber inci22 dent’’ has the meaning given the term ‘‘significant 

23 cyber incident’’ in Presidential Policy Directive–41 

24 (July 26, 2016, relating to cyber incident coordina25 tion). 


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1 (3) TRANSPORTATION AUTHORITY.—The term 

2 ‘‘transportation authority’’ means— 

3 (A) a public authority (as defined in sec4 tion 101(a) of title 23, United States Code); 

5 (B) an owner or operator of a highway (as 

6 defined in section 101(a) of title 23, United 

7 States Code); 

8 (C) a manufacturer that manufactures a 

9 product related to transportation; and 

10 (D) a division office of the Federal High11 way Administration. 

12 (b) CYBERSECURITY TOOL.— 

13 (1) IN GENERAL.—Not later than 2 years after 

14 the date of enactment of this Act, the Administrator 

15 shall develop a tool to assist transportation authori16 ties in identifying, detecting, protecting against, re17 sponding to, and recovering from cyber incidents. 

18 (2) REQUIREMENTS.—In developing the tool 

19 under paragraph (1), the Administrator shall— 

20 (A) use the cybersecurity framework estab21 lished by the National Institute of Standards 

22 and Technology and required by Executive 

23 Order 13636 of February 12, 2013 (78 Fed. 

24 Reg. 11739; relating to improving critical infra25 structure cybersecurity); 


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1 (B) establish a structured cybersecurity as2 sessment and development program; 

3 (C) consult with appropriate transportation 

4 authorities, operating agencies, industry stake5 holders, and cybersecurity experts; and 

6 (D) provide for a period of public comment 

7 and review on the tool. 

8 (c) DESIGNATION OF CYBER COORDINATOR.— 

9 (1) IN GENERAL.—Not later than 2 years after 

10 the date of enactment of this Act, the Administrator 

11 shall designate an office as a ‘‘cyber coordinator’’, 

12 which shall be responsible for monitoring, alerting, 

13 and advising transportation authorities of cyber inci14 dents. 

15 (2) REQUIREMENTS.—The office designated 

16 under paragraph (1) shall— 

17 (A) provide to transportation authorities a 

18 secure method of notifying a single Federal en19 tity of cyber incidents; 

20 (B) monitor cyber incidents that affect 

21 transportation authorities; 

22 (C) alert transportation authorities to 

23 cyber incidents that affect those transportation 

24 authorities; 


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1 (D) investigate unaddressed cyber inci2 dents that affect transportation authorities; and 

3 (E) provide to transportation authorities 

4 educational resources, outreach, and awareness 

5 on fundamental principles and best practices in 

6 cybersecurity for transportation systems. 

7 SEC. 2005. INCREASED SELF DEFENSE ON RECREATIONAL 

8 LANDS. 

9 (a) PROTECTING THE RIGHT OF INDIVIDUALS TO

10 BEAR ARMS AT WATER RESOURCES DEVELOPMENT

11 PROJECTS.—The Secretary of the Army shall not promul12 gate or enforce any regulation that prohibits an individual 

13 from possessing a firearm, including an assembled, func14 tional, or loaded firearm, at a water resources development 

15 project covered under section 327.0 of title 36, Code of 

16 Federal Regulations (as in effect on the date of enactment 

17 of this Act), if— 

18 (1) the individual is not otherwise prohibited by 

19 law from possessing the firearm; and 

20 (2) the possession of the firearm is in compli21 ance with the law of the State in which the water 

22 resources development project is located. 


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1 TITLE III—STREAMLINING FED2 ERAL BUREAUCRACY FOR EF3 FICIENT ENVIRONMENTAL 

4 REVIEWS ON FEDERAL AND 

5 TRIBAL TRANSPORTATION 

6 INITIATIVES 

7 SEC. 3001. EFFICIENT ENVIRONMENTAL REVIEWS FOR 

8 PROJECT DECISION MAKING AND ONE FED9 ERAL DECISION. 

10 (a) IN GENERAL.—Section 139 of title 23, United 

11 States Code, is amended— 

12 (1) in the section heading, by striking ‘‘deci13 sionmaking’’ and inserting ‘‘decisionmaking 

14 and One Federal Decision’’; 

15 (2) in subsection (a)— 

16 (A) by redesignating paragraphs (2) 

17 through (8) as paragraphs (4), (5), (6), (8), 

18 (9), (10), and (11), respectively; 

19 (B) by inserting after paragraph (1) the 

20 following: 

21 ‘‘(2) AUTHORIZATION.—The term ‘authoriza22 tion’ means any environmental license, permit, ap23 proval, finding, or other administrative decision re24 lated to the environmental review process that is reVerDate Sep 11 2014 03:53 Oct 29, 2019 Jkt 099200 PO 00000 Frm 00033 Fmt 6652 Sfmt 6201 E:\BILLS\H4759.IH H4759

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1 quired under Federal law to site, construct, or re2 construct a project. 

3 ‘‘(3) ENVIRONMENTAL DOCUMENT.—The term 

4 ‘environmental document’ includes an environmental 

5 assessment, finding of no significant impact, notice 

6 of intent, environmental impact statement, or record 

7 of decision under the National Environmental Policy 

8 Act of 1969 (42 U.S.C. 4321 et seq.).’’; 

9 (C) in subparagraph (B) of paragraph (5) 

10 (as so redesignated), by striking ‘‘process for 

11 and completion of any environmental permit’’ 

12 and inserting ‘‘process and schedule, including 

13 a timetable for and completion of any environ14 mental permit’’; and 

15 (D) by inserting after paragraph (6) (as so 

16 redesignated) the following: 

17 ‘‘(7) MAJOR PROJECT.— 

18 ‘‘(A) IN GENERAL.—The term ‘major 

19 project’ means a project for which— 

20 ‘‘(i) multiple permits, approvals, re21 views, or studies are required under a Fed22 eral law other than the National Environ23 mental Policy Act of 1969 (42 U.S.C. 

24 4321 et seq.); 


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1 ‘‘(ii) the project sponsor has identified 

2 the reasonable availability of funds suffi3 cient to complete the project; 

4 ‘‘(iii) the project is not a covered 

5 project (as defined in section 41001 of the 

6 FAST Act (42 U.S.C. 4370m)); and 

7 ‘‘(iv)(I) the head of the lead agency 

8 has determined that an environmental im9 pact statement is required; or 

10 ‘‘(II) the head of the lead agency has 

11 determined that an environmental assess12 ment is required, and the project sponsor 

13 requests that the project be treated as a 

14 major project. 

15 ‘‘(B) CLARIFICATION.—In this section, the 

16 term ‘major project’ does not have the same 

17 meaning as the term ‘major project’ as de18 scribed in section 106(h).’’; 

19 (3) in subsection (b)(1)— 

20 (A) by inserting ‘‘, including major 

21 projects,’’ after ‘‘all projects’’; and 

22 (B) by inserting ‘‘as requested by a project 

23 sponsor and’’ after ‘‘applied,’’; 

24 (4) in subsection (c)— 

25 (A) in paragraph (6)— 


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1 (i) in subparagraph (B), by striking 

2 ‘‘and’’ at the end; 

3 (ii) in subparagraph (C), by striking 

4 the period at the end and inserting ‘‘; 

5 and’’; and 

6 (iii) by adding at the end the fol7 lowing: 

8 ‘‘(D) to calculate annually the average 

9 time taken by the lead agency to complete all 

10 environmental documents for each project dur11 ing the previous fiscal year.’’; and 

12 (B) by adding at the end the following: 

13 ‘‘(7) PROCESS IMPROVEMENTS FOR

14 PROJECTS.— 

15 ‘‘(A) IN GENERAL.—The Secretary shall 

16 review— 

17 ‘‘(i) existing practices, procedures, 

18 rules, regulations, and applicable laws to 

19 identify impediments to meeting the re20 quirements applicable to projects under 

21 this section; and 

22 ‘‘(ii) best practices, programmatic 

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1 cilitate an efficient environmental review 

2 process for projects. 

3 ‘‘(B) CONSULTATION.—In conducting the 

4 review under subparagraph (A), the Secretary 

5 shall consult, as appropriate, with the heads of 

6 other Federal agencies that participate in the 

7 environmental review process. 

8 ‘‘(C) REPORT.—Not later than 2 years 

9 after the date of enactment of the America’s 

10 Transportation Infrastructure Act of 2019, the 

11 Secretary shall submit to the Committee on En12 vironment and Public Works of the Senate and 

13 the Committee on Transportation and Infra14 structure of the House of Representatives a re15 port that includes— 

16 ‘‘(i) the results of the review under 

17 subparagraph (A); and 

18 ‘‘(ii) an analysis of whether additional 

19 funding would help the Secretary meet the 

20 requirements applicable to projects under 

21 this section.’’; 

22 (5) in subsection (d)— 

23 (A) in paragraph (8)— 


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1 (i) in the paragraph heading, by strik2 ing ‘‘NEPA’’ and inserting ‘‘ENVIRON3 MENTAL’’; 

4 (ii) in subparagraph (A)— 

5 (I) by inserting ‘‘and except as 

6 provided in subparagraph (D)’’ after 

7 ‘‘paragraph (7)’’; 

8 (II) by striking ‘‘permits’’ and in9 serting ‘‘authorizations’’; and 

10 (III) by striking ‘‘single environ11 ment document’’ and inserting ‘‘single 

12 environmental document for each kind 

13 of environmental document’’; 

14 (iii) in subparagraph (B)(i)— 

15 (I) by striking ‘‘an environmental 

16 document’’ and inserting ‘‘environ17 mental documents’’; and 

18 (II) by striking ‘‘permits issued’’ 

19 and inserting ‘‘authorizations’’; and 

20 (iv) by adding at the end the fol21 lowing: 

22 ‘‘(D) EXCEPTIONS.—The lead agency may 

23 waive the application of subparagraph (A) with 

24 respect to a project if— 


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1 ‘‘(i) the project sponsor requests that 

2 agencies issue separate environmental doc3 uments; 

4 ‘‘(ii) the obligations of a cooperating 

5 agency or participating agency under the 

6 National Environmental Policy Act of 

7 1969 (42 U.S.C. 4321 et seq.) have al8 ready been satisfied with respect to the 

9 project; or 

10 ‘‘(iii) the lead agency determines that 

11 reliance on a single environmental docu12 ment (as described in subparagraph (A)) 

13 would not facilitate timely completion of 

14 the environmental review process for the 

15 project.’’; and 

16 (B) by adding at the end the following: 

17 ‘‘(10) TIMELY AUTHORIZATIONS FOR MAJOR

18 PROJECTS.— 

19 ‘‘(A) DEADLINE.—Except as provided in 

20 subparagraph (C), all authorization decisions 

21 necessary for the construction of a major 

22 project shall be completed by not later than 90 

23 days after the date of the issuance of a record 

24 of decision for the major project. 


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1 ‘‘(B) DETAIL.—The final environmental 

2 impact statement for a major project shall in3 clude an adequate level of detail to inform deci4 sions necessary for the role of the participating 

5 agencies in the environmental review process. 

6 ‘‘(C) EXTENSION OF DEADLINE.—The 

7 head of the lead agency may extend the dead8 line under subparagraph (A) if— 

9 ‘‘(i) Federal law prohibits the lead 

10 agency or another agency from issuing an 

11 approval or permit within the period de12 scribed in that subparagraph; 

13 ‘‘(ii) the project sponsor requests that 

14 the permit or approval follow a different 

15 timeline; or 

16 ‘‘(iii) an extension would facilitate 

17 completion of the environmental review and 

18 authorization process of the major 

19 project.’’; 

20 (6) in subsection (g)(1)— 

21 (A) in subparagraph (B)— 

22 (i) in clause (ii)(IV), by striking 

23 ‘‘schedule for and cost of’’ and inserting 

24 ‘‘time required by an agency to conduct an 

25 environmental review and make decisions 


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1 under applicable Federal law relating to a 

2 project (including the issuance or denial of 

3 a permit or license) and the cost of’’; and 

4 (ii) by adding at the end the fol5 lowing: 

6 ‘‘(iii) MAJOR PROJECT SCHEDULE.— 

7 To the maximum extent practicable and 

8 consistent with applicable Federal law, in 

9 the case of a major project, the lead agen10 cy shall develop, in concurrence with the 

11 project sponsor, a schedule for the major 

12 project that is consistent with an agency 

13 average of not more than 2 years for the 

14 completion of the environmental review 

15 process for major projects, as measured 

16 from, as applicable— 

17 ‘‘(I) the date of publication of a 

18 notice of intent to prepare an environ19 mental impact statement to the record 

20 of decision; or 

21 ‘‘(II) the date on which the head 

22 of the lead agency determines that an 

23 environmental assessment is required 

24 to a finding of no significant impact.’’; 


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1 (B) by striking subparagraph (D) and in2 serting the following: 

3 ‘‘(D) MODIFICATION.— 

4 ‘‘(i) IN GENERAL.—Except as pro5 vided in clause (ii), the lead agency may 

6 lengthen or shorten a schedule established 

7 under subparagraph (B) for good cause. 

8 ‘‘(ii) EXCEPTIONS.— 

9 ‘‘(I) MAJOR PROJECTS.—In the 

10 case of a major project, the lead agen11 cy may lengthen a schedule under 

12 clause (i) for a cooperating Federal 

13 agency by not more than 1 year after 

14 the latest deadline established for the 

15 major project by the lead agency. 

16 ‘‘(II) SHORTENED SCHED17 ULES.—The lead agency may not 

18 shorten a schedule under clause (i) if 

19 doing so would impair the ability of a 

20 cooperating Federal agency to conduct 

21 necessary analyses or otherwise carry 

22 out relevant obligations of the Federal 

23 agency for the project.’’; 

24 (C) by redesignating subparagraph (E) as 

25 subparagraph (F); and 


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1 (D) by inserting after subparagraph (D) 

2 the following: 

3 ‘‘(E) FAILURE TO MEET DEADLINE.—If a 

4 cooperating Federal agency fails to meet a 

5 deadline established under subparagraph 

6 (D)(ii)(I)— 

7 ‘‘(i) the cooperating Federal agency 

8 shall submit to the Secretary a report that 

9 describes the reasons why the deadline was 

10 not met; and 

11 ‘‘(ii) the Secretary shall— 

12 ‘‘(I) transmit to the Committee 

13 on Environment and Public Works of 

14 the Senate and the Committee on 

15 Transportation and Infrastructure of 

16 the House of Representatives a copy 

17 of the report under clause (i); and 

18 ‘‘(II) make the report under 

19 clause (i) publicly available on the 

20 internet.’’; and 

21 (7) by adding at the end the following: 

22 ‘‘(p) ACCOUNTABILITY AND REPORTING FOR MAJOR

23 PROJECTS.— 


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1 ‘‘(1) IN GENERAL.—The Secretary shall estab2 lish a performance accountability system to track 

3 each major project. 

4 ‘‘(2) REQUIREMENTS.—The performance ac5 countability system under paragraph (1) shall, for 

6 each major project, track, at a minimum— 

7 ‘‘(A) the environmental review process for 

8 the major project, including the project sched9 ule; 

10 ‘‘(B) whether the lead agency, cooperating 

11 agencies, and participating agencies are meet12 ing the schedule established for the environ13 mental review process; and 

14 ‘‘(C) the time taken to complete the envi15 ronmental review process. 

16 ‘‘(q) DEVELOPMENT OF CATEGORICAL EXCLU17 SIONS.— 

18 ‘‘(1) IN GENERAL.—Not later than 60 days 

19 after the date of enactment of this subsection, the 

20 Secretary shall— 

21 ‘‘(A) in consultation with the agencies de22 scribed in paragraph (2), identify the categor23 ical exclusions described in section 771.117 of 

24 title 23, Code of Federal Regulations (or suc25 cessor regulations), that would accelerate delivVerDate Sep 11 2014 03:53 Oct 29, 2019 Jkt 099200 PO 00000 Frm 00044 Fmt 6652 Sfmt 6201 E:\BILLS\H4759.IH H4759

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1 ery of a project if those categorical exclusions 

2 were available to those agencies; 

3 ‘‘(B) collect existing documentation and 

4 substantiating information on the categorical 

5 exclusions described in subparagraph (A); and 

6 ‘‘(C) provide to each agency described in 

7 paragraph (2) a list of the categorical exclu8 sions identified under subparagraph (A) and 

9 the documentation and substantiating informa10 tion under subparagraph (B). 

11 ‘‘(2) AGENCIES DESCRIBED.—The agencies re12 ferred to in paragraph (1) are— 

13 ‘‘(A) the Department of the Interior; 

14 ‘‘(B) the Department of the Army; 

15 ‘‘(C) the Department of Commerce; 

16 ‘‘(D) the Department of Agriculture; 

17 ‘‘(E) the Department of Energy; 

18 ‘‘(F) the Department of Defense; and 

19 ‘‘(G) any other Federal agency that has 

20 participated in an environmental review process 

21 for a project, as determined by the Secretary. 

22 ‘‘(3) ADOPTION OF CATEGORICAL EXCLU23 SIONS.— 

24 ‘‘(A) IN GENERAL.—Not later than 1 year 

25 after the date on which the Secretary provides 


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1 the list under paragraph (1)(C), an agency de2 scribed in paragraph (2) shall publish a notice 

3 of proposed rulemaking to propose any categor4 ical exclusions from the list applicable to the 

5 agency, subject to the condition that the cat6 egorical exclusion identified under paragraph 

7 (1)(A) meets the criteria for a categorical exclu8 sion under section 1508.4 of title 40, Code of 

9 Federal Regulations (or successor regulations). 

10 ‘‘(B) PUBLIC COMMENT.—In a notice of 

11 proposed rulemaking under subparagraph (A), 

12 the applicable agency may solicit comments on 

13 whether any of the proposed new categorical ex14 clusions meet the criteria for a categorical ex15 clusion under section 1508.4 of title 40, Code 

16 of Federal Regulations (or successor regula17 tions).’’. 

18 (b) CLERICAL AMENDMENT.—The analysis for chap19 ter 1 of title 23, United States Code, is amended by strik20 ing the item relating to section 139 and inserting the fol21 lowing: 

‘‘139. Efficient environmental reviews for project decisionmaking and One Federal Decision.’’. 


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1 SEC. 3002. ENVIRONMENTAL REVIEWS FOR CERTAIN TRIB2 AL TRANSPORTATION FACILITIES. 

3 (a) SECRETARY.—In this section, the term ‘‘Sec4 retary’’ means the Secretary of the Interior. 

5 (b) DEFINITION OF TRIBAL TRANSPORTATION SAFE6 TY PROJECT.— 

7 (1) IN GENERAL.—In this section, the term 

8 ‘‘tribal transportation safety project’’ means a 

9 project described in paragraph (2) that is eligible for 

10 funding under section 202 of title 23, United States 

11 Code. 

12 (2) PROJECT DESCRIBED.—A project described 

13 in this paragraph is a project that corrects or im14 proves a hazardous road location or feature or ad15 dresses a highway safety problem through one or 

16 more of the activities described in any of the clauses 

17 under section 148(a)(4)(B) of title 23, United States 

18 Code. 

19 (c) REVIEWS OF TRIBAL TRANSPORTATION SAFETY

20 PROJECTS.— 

21 (1) IN GENERAL.—The Secretary or the Sec22 retary of Transportation, as applicable, or the head 

23 of another Federal agency responsible for a decision 

24 related to a tribal transportation safety project shall 

25 complete any approval or decision for the review of 

26 the tribal transportation safety project required 


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1 under the National Environmental Policy Act of 

2 1969 (42 U.S.C. 4321 et seq.) or any other applica3 ble Federal law on an expeditious basis using the 

4 shortest existing applicable process. 

5 (2) REVIEW OF APPLICATIONS.—Not later than 

6 45 days after the date of receipt of a complete appli7 cation by an Indian tribe for approval of a tribal 

8 transportation safety project, the Secretary or the 

9 Secretary of Transportation, as applicable, shall— 

10 (A) take final action on the application; or 

11 (B) provide the Indian tribe a schedule for 

12 completion of the review described in paragraph 

13 (1), including the identification of any other 

14 Federal agency that has jurisdiction with re15 spect to the project. 

16 (3) DECISIONS UNDER OTHER FEDERAL

17 LAWS.—In any case in which a decision under any 

18 other Federal law relating to a tribal transportation 

19 safety project (including the issuance or denial of a 

20 permit or license) is required, not later than 45 days 

21 after the Secretary or the Secretary of Transpor22 tation, as applicable, has made all decisions of the 

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1 spect to the project, the head of the Federal agency 

2 responsible for the decision shall— 

3 (A) make the applicable decision; or 

4 (B) provide the Indian tribe a schedule for 

5 making the decision. 

6 (4) EXTENSIONS.—The Secretary or the Sec7 retary of Transportation, as applicable, or the head 

8 of the Federal agency may extend the period under 

9 paragraph (2) or (3), as applicable, by an additional 

10 30 days by providing the Indian tribe notice of the 

11 extension, including a statement of the need for the 

12 extension. 

13 (5) NOTIFICATION AND EXPLANATION.—In any 

14 case in which a required action is not completed by 

15 the deadline under paragraph (2), (3), or (4), as ap16 plicable, the Secretary, the Secretary of Transpor17 tation, or the head of a Federal agency, as applica18 ble, shall— 

19 (A) notify the Committees on Indian Af20 fairs and Environment and Public Works of the 

21 Senate and the Committee on Natural Re22 sources of the House of Representatives of the 

23 failure to comply with the deadline; and 

24 (B) provide to the Committees described in 

25 subparagraph (A) a detailed explanation of the 


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1 reasons for the failure to comply with the dead2 line. 

Æ 


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