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[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4348 Received in Senate (RDS)]

112th CONGRESS
  2d Session
                                H. R. 4348

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             April 19, 2012

                                Received

_______________________________________________________________________

                                 AN ACT

 
 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.

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

SECTION 1. TABLE OF CONTENTS.

    The table of contents for this Act is as follows:

Sec. 1. Table of contents.
               TITLE I--SURFACE TRANSPORTATION EXTENSION

Sec. 101. Short title.
                    Subtitle A--Federal-Aid Highways

Sec. 111. Extension of Federal-aid highway programs.
            Subtitle B--Extension of Highway Safety Programs

Sec. 121. Extension of National Highway Traffic Safety Administration 
                            highway safety programs.
Sec. 122. Extension of Federal Motor Carrier Safety Administration 
                            programs.
Sec. 123. Additional programs.
               Subtitle C--Public Transportation Programs

Sec. 131. Allocation of funds for planning programs.
Sec. 132. Special rule for urbanized area formula grants.
Sec. 133. Allocating amounts for capital investment grants.
Sec. 134. Apportionment of formula grants for other than urbanized 
                            areas.
Sec. 135. Apportionment based on fixed guideway factors.
Sec. 136. Authorizations for public transportation.
Sec. 137. Amendments to SAFETEA-LU.
                Subtitle D--Highway Trust Fund Extension

Sec. 141. Extension of highway-related taxes.
Sec. 142. Extension of trust fund expenditure authority.
                     TITLE II--KEYSTONE XL PIPELINE

Sec. 201. Short title.
Sec. 202. Restriction.
Sec. 203. Permit.
Sec. 204. Relation to other law.
                         TITLE III--RESTORE ACT

Sec. 301. Short title.
Sec. 302. Gulf Coast Restoration Trust Fund.
                 TITLE IV--HARBOR MAINTENANCE PROGRAMS

Sec. 401. Funding for harbor maintenance programs.
                   TITLE V--COAL COMBUSTION RESIDUALS

Sec. 501. Highway and infrastructure safety through the protection of 
                            coal combustion residual recycling.
                  TITLE VI--ENVIRONMENTAL STREAMLINING

Sec. 601. Amendments to title 23, United States Code.
Sec. 602. Declaration of policy.
Sec. 603. Exemption in emergencies.
Sec. 604. Advance acquisition of real property interests.
Sec. 605. Standards.
Sec. 606. Letting of contracts.
Sec. 607. Elimination of duplication in historic preservation 
                            requirements.
Sec. 608. Funding threshold.
Sec. 609. Efficient environmental reviews for project decisionmaking.
Sec. 610. Disposal of historic properties.
Sec. 611. Integration of planning and environmental review.
Sec. 612. Development of programmatic mitigation plans.
Sec. 613. State assumption of responsibility for categorical 
                            exclusions.
Sec. 614. Surface transportation project delivery program.
Sec. 615. Program for eliminating duplication of environmental reviews.
Sec. 616. State performance of legal sufficiency reviews.
Sec. 617. Categorical exclusions.
Sec. 618. Environmental review process deadline.
Sec. 619. Relocation assistance.

               TITLE I--SURFACE TRANSPORTATION EXTENSION

SEC. 101. SHORT TITLE.

    This title may be cited as the ``Surface Transportation Extension 
Act of 2012, Part II''.

                    Subtitle A--Federal-Aid Highways

SEC. 111. EXTENSION OF FEDERAL-AID HIGHWAY PROGRAMS.

    (a) In General.--Section 111 of the Surface Transportation 
Extension Act of 2011, Part II (Public Law 112-30; 125 Stat. 343) is 
amended--
            (1) by striking ``the period beginning on October 1, 2011, 
        and ending on June 30, 2012,'' each place it appears and 
        inserting ``fiscal year 2012'';
            (2) by striking ``\3/4\ of'' each place it appears; and
            (3) in subsection (a) by striking ``June 30, 2012'' and 
        inserting ``September 30, 2012''.
    (b) Use of Funds.--Section 111(c) of the Surface Transportation 
Extension Act of 2011, Part II (125 Stat. 343) is amended--
            (1) in paragraph (3)--
                    (A) in subparagraph (A) by striking ``, except that 
                during such period'' and all that follows before the 
                period at the end; and
                    (B) in subparagraph (B)(ii) by striking 
                ``$479,250,000'' and inserting ``$639,000,000''; and
            (2) by striking paragraph (4).
    (c) Extension of Authorizations Under Title V of SAFETEA-LU.--
Section 111(e)(2) of the Surface Transportation Extension Act of 2011, 
Part II (125 Stat. 343) is amended by striking ``the period beginning 
on October 1, 2011, and ending on June 30, 2012.'' and inserting 
``fiscal year 2012.''.
    (d) Administrative Expenses.--Section 112(a) of the Surface 
Transportation Extension Act of 2011, Part II (125 Stat. 346) is 
amended by striking ``$294,641,438 for the period beginning on October 
1, 2011, and ending on June 30, 2012.'' and inserting ``$392,855,250 
for fiscal year 2012.''.

            Subtitle B--Extension of Highway Safety Programs

SEC. 121. EXTENSION OF NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION 
              HIGHWAY SAFETY PROGRAMS.

    (a) Chapter 4 Highway Safety Programs.--Section 2001(a)(1) of 
SAFETEA-LU (119 Stat. 1519) is amended by striking ``$235,000,000 for 
each of fiscal years 2009 through 2011'' and all that follows through 
the period at the end and inserting ``and $235,000,000 for each of 
fiscal years 2009 through 2012.''.
    (b) Highway Safety Research and Development.--Section 2001(a)(2) of 
SAFETEA-LU (119 Stat. 1519) is amended by striking ``and $81,183,000 
for the period beginning on October 1, 2011, and ending on June 30, 
2012.'' and inserting ``and $105,500,000 for fiscal year 2012.''.
    (c) Occupant Protection Incentive Grants.--Section 2001(a)(3) of 
SAFETEA-LU (119 Stat. 1519) is amended by striking ``, $25,000,000 for 
each of fiscal years 2006 through 2011'' and all that follows through 
the period at the end and inserting ``and $25,000,000 for each of 
fiscal years 2006 through 2012.''.
    (d) Safety Belt Performance Grants.--Section 2001(a)(4) of SAFETEA-
LU (119 Stat. 1519) is amended by striking ``and $36,375,000 for the 
period beginning on October 1, 2011, and ending on June 30, 2012.'' and 
inserting ``and $48,500,000 for fiscal year 2012.''.
    (e) State Traffic Safety Information System Improvements.--Section 
2001(a)(5) of SAFETEA-LU (119 Stat. 1519) is amended by striking ``for 
each of fiscal years 2006 through 2011'' and all that follows through 
the period at the end and inserting ``for each of fiscal years 2006 
through 2012.''.
    (f) Alcohol-Impaired Driving Countermeasures Incentive Grant 
Program.--Section 2001(a)(6) of SAFETEA-LU (119 Stat. 1519) is amended 
by striking ``$139,000,000 for each of fiscal years fiscal years 2009 
through 2011'' and all that follows through the period at the end and 
inserting ``and $139,000,000 for each of fiscal years 2009 through 
2012.''.
    (g) National Driver Register.--Section 2001(a)(7) of SAFETEA-LU 
(119 Stat. 1520) is amended by striking ``and $3,087,000 for the period 
beginning on October 1, 2011, and ending on June 30, 2012.'' and 
inserting ``and $4,000,000 for fiscal year 2012.''.
    (h) High Visibility Enforcement Program.--Section 2001(a)(8) of 
SAFETEA-LU (119 Stat. 1520) is amended by striking ``for each of fiscal 
years 2006 through 2011'' and all that follows through the period at 
the end and inserting ``for each of fiscal years 2006 through 2012.''.
    (i) Motorcyclist Safety.--Section 2001(a)(9) of SAFETEA-LU (119 
Stat. 1520) is amended by striking ``$7,000,000 for each of fiscal 
years 2009 through 2011'' and all that follows through the period at 
the end and inserting ``and $7,000,000 for each of fiscal years 2009 
through 2012.''.
    (j) Child Safety and Child Booster Seat Safety Incentive Grants.--
Section 2001(a)(10) of SAFETEA-LU (119 Stat. 1520) is amended by 
striking ``$7,000,000 for each of fiscal years 2009 through 2011'' and 
all that follows through the period at the end and inserting ``and 
$7,000,000 for each of fiscal years 2009 through 2012.''.
    (k) Administrative Expenses.--Section 2001(a)(11) of SAFETEA-LU 
(119 Stat. 1520) is amended by striking ``$25,328,000 for fiscal year 
2011'' and all that follows through the period at the end and inserting 
``and $25,328,000 for each of fiscal years 2011 and 2012.''.

SEC. 122. EXTENSION OF FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION 
              PROGRAMS.

    (a) Motor Carrier Safety Grants.--Section 31104(a)(8) of title 49, 
United States Code, is amended to read as follows:
            ``(8) $212,000,000 for fiscal year 2012.''.
    (b) Administrative Expenses.--
            (1) In general.--Section 31104(i)(1)(H) of title 49, United 
        States Code, is amended to read as follows:
                    ``(H) $244,144,000 for fiscal year 2012.''.
            (2) Technical correction.--Section 31104(i)(1)(F) of title 
        49, United States Code, is amended to read as follows:
                    ``(F) $239,828,000 for fiscal year 2010;''.
    (c) Grant Programs.--Section 4101(c) of SAFETEA-LU (119 Stat. 1715) 
is amended--
            (1) in paragraph (1) by striking ``and $22,500,000 for the 
        period beginning on October 1, 2011, and ending on June 30, 
        2012.'' and inserting ``and $30,000,000 for fiscal year 
        2012.'';
            (2) in paragraph (2) by striking ``2011 and $24,000,000 for 
        the period beginning on October 1, 2011, and ending on June 30, 
        2012.'' and inserting ``2012.'';
            (3) in paragraph (3) by striking ``2011 and $3,750,000 for 
        the period beginning on October 1, 2011, and ending on June 30, 
        2012.'' and inserting ``2012.'';
            (4) in paragraph (4) by striking ``2011 and $18,750,000 for 
        the period beginning on October 1, 2011, and ending on June 30, 
        2012.'' and inserting ``2012.''; and
            (5) in paragraph (5) by striking ``2011 and $2,250,000 for 
        the period beginning on October 1, 2011, and ending on June 30, 
        2012.'' and inserting ``2012.''.
    (d) High-Priority Activities.--Section 31104(k)(2) of title 49, 
United States Code, is amended by striking ``2011 and $11,250,000 for 
the period beginning on October 1, 2011, and ending on June 30, 2012,'' 
and inserting ``2012''.
    (e) New Entrant Audits.--Section 31144(g)(5)(B) of title 49, United 
States Code, is amended by striking ``and up to $21,750,000 for the 
period beginning on October 1, 2011, and ending on June 30, 2012,''.
    (f) Outreach and Education.--Section 4127(e) of SAFETEA-LU (119 
Stat. 1741) is amended by striking ``and 2011 (and $750,000 to the 
Federal Motor Carrier Safety Administration, and $2,250,000 to the 
National Highway Traffic Safety Administration, for the period 
beginning on October 1, 2011, and ending on June 30, 2012)'' and 
inserting ``2011, and 2012''.
    (g) Grant Program for Commercial Motor Vehicle Operators.--Section 
4134(c) of SAFETEA-LU (119 Stat. 1744) is amended by striking ``2011 
and $750,000 for the period beginning on October 1, 2011, and ending on 
June 30, 2012,'' and inserting ``2012''.
    (h) Motor Carrier Safety Advisory Committee.--Section 4144(d) of 
SAFETEA-LU (119 Stat. 1748) is amended by striking ``June 30, 2012'' 
and inserting ``September 30, 2012''.
    (i) Working Group for Development of Practices and Procedures To 
Enhance Federal-State Relations.--Section 4213(d) of SAFETEA-LU (49 
U.S.C. 14710 note; 119 Stat. 1759) is amended by striking ``June 30, 
2012'' and inserting ``September 30, 2012''.

SEC. 123. ADDITIONAL PROGRAMS.

    (a) Hazardous Materials Research Projects.--Section 7131(c) of 
SAFETEA-LU (119 Stat. 1910) is amended by striking ``and $870,000 for 
the period beginning on October 1, 2011, and ending on June 30, 2012,'' 
and inserting ``and $1,160,000 for fiscal year 2012''.
    (b) Dingell-Johnson Sport Fish Restoration Act.--Section 4 of the 
Dingell-Johnson Sport Fish Restoration Act (16 U.S.C. 777c) is 
amended--
            (1) in subsection (a) by striking ``2011 and for the period 
        beginning on October 1, 2011, and ending on June 30, 2012,'' 
        and inserting ``2012,''; and
            (2) in the first sentence of subsection (b)(1)(A) by 
        striking ``2011 and for the period beginning on October 1, 
        2011, and ending on June 30, 2012,'' and inserting ``2012,''.

               Subtitle C--Public Transportation Programs

SEC. 131. ALLOCATION OF FUNDS FOR PLANNING PROGRAMS.

    Section 5305(g) of title 49, United States Code, is amended by 
striking ``2011 and for the period beginning on October 1, 2011, and 
ending on June 30, 2012'' and inserting ``2012''.

SEC. 132. SPECIAL RULE FOR URBANIZED AREA FORMULA GRANTS.

    Section 5307(b)(2) of title 49, United States Code, is amended--
            (1) by striking the paragraph heading and inserting 
        ``Special rule for fiscal years 2005 through 2012.--'';
            (2) in subparagraph (A) by striking ``2011 and the period 
        beginning on October 1, 2011, and ending on June 30, 2012,'' 
        and inserting ``2012,''; and
            (3) in subparagraph (E)--
                    (A) by striking the subparagraph heading and 
                inserting ``Maximum amounts in fiscal years 2008 
                through 2012.--''; and
                    (B) in the matter preceding clause (i) by striking 
                ``2011 and during the period beginning on October 1, 
                2011, and ending on June 30, 2012'' and inserting 
                ``2012''.

SEC. 133. ALLOCATING AMOUNTS FOR CAPITAL INVESTMENT GRANTS.

    Section 5309(m) of title 49, United States Code, is amended--
            (1) in paragraph (2)--
                    (A) by striking the paragraph heading and inserting 
                ``Fiscal years 2006 through 2012.--'';
                    (B) in the matter preceding subparagraph (A) by 
                striking ``2011 and the period beginning on October 1, 
                2011, and ending on June 30, 2012,'' and inserting 
                ``2012''; and
                    (C) in subparagraph (A)(i) by striking ``2011 and 
                $150,000,000 for the period beginning on October 1, 
                2011, and ending on June 30, 2012,'' and inserting 
                ``2012'';
            (2) in paragraph (6)--
                    (A) in subparagraph (B) by striking ``2011 and 
                $11,250,000 shall be available for the period beginning 
                on October 1, 2011, and ending on June 30, 2012,'' and 
                inserting ``2012''; and
                    (B) in subparagraph (C) by striking ``though 2011 
                and $3,750,000 shall be available for the period 
                beginning on October 1, 2011, and ending on June 30, 
                2012,'' and inserting ``through 2012''; and
            (3) in paragraph (7)--
                    (A) in subparagraph (A)--
                            (i) in the matter preceding clause (i)--
                                    (I) in the first sentence by 
                                striking ``2011 and $7,500,000 shall be 
                                available for the period beginning on 
                                October 1, 2011, and ending on June 30, 
                                2012,'' and inserting ``2012''; and
                                    (II) in the second sentence by 
                                inserting ``each fiscal year'' before 
                                the colon;
                            (ii) in clause (i) by striking ``for each 
                        fiscal year and $1,875,000 for the period 
                        beginning on October 1, 2011, and ending on 
                        June 30, 2012,'';
                            (iii) in clause (ii) by striking ``for each 
                        fiscal year and $1,875,000 for the period 
                        beginning on October 1, 2011, and ending on 
                        June 30, 2012,'';
                            (iv) in clause (iii) by striking ``for each 
                        fiscal year and $750,000 for the period 
                        beginning on October 1, 2011, and ending on 
                        June 30, 2012,'';
                            (v) in clause (iv) by striking ``for each 
                        fiscal year and $750,000 for the period 
                        beginning on October 1, 2011, and ending on 
                        June 30, 2012,'';
                            (vi) in clause (v) by striking ``for each 
                        fiscal year and $750,000 for the period 
                        beginning on October 1, 2011, and ending on 
                        June 30, 2012,'';
                            (vii) in clause (vi) by striking ``for each 
                        fiscal year and $750,000 for the period 
                        beginning on October 1, 2011, and ending on 
                        June 30, 2012,'';
                            (viii) in clause (vii) by striking ``for 
                        each fiscal year and $487,500 for the period 
                        beginning on October 1, 2011, and ending on 
                        June 30, 2012,''; and
                            (ix) in clause (viii) by striking ``for 
                        each fiscal year and $262,500 for the period 
                        beginning on October 1, 2011, and ending on 
                        June 30, 2012,'';
                    (B) in subparagraph (B) by striking clause (vii) 
                and inserting the following:
                            ``(vii) $13,500,000 for fiscal year 
                        2012.'';
                    (C) in subparagraph (C) by striking ``and during 
                the period beginning on October 1, 2011, and ending on 
                June 30, 2012,'';
                    (D) in subparagraph (D) by striking ``and not less 
                than $26,250,000 shall be available for the period 
                beginning on October 1, 2011, and ending on June 30, 
                2012,''; and
                    (E) in subparagraph (E) by striking ``and 
                $2,250,000 shall be available for the period beginning 
                on October 1, 2011, and ending on June 30, 2012,''.

SEC. 134. APPORTIONMENT OF FORMULA GRANTS FOR OTHER THAN URBANIZED 
              AREAS.

    Section 5311(c)(1)(G) of title 49, United States Code, is amended 
to read as follows:
                    ``(G) $15,000,000 for fiscal year 2012.''.

SEC. 135. APPORTIONMENT BASED ON FIXED GUIDEWAY FACTORS.

    Section 5337 of title 49, United States Code, is amended by 
striking subsection (g).

SEC. 136. AUTHORIZATIONS FOR PUBLIC TRANSPORTATION.

    (a) Formula and Bus Grants.--Section 5338(b) of title 49, United 
States Code, is amended--
            (1) in paragraph (1) by striking subparagraph (G) and 
        inserting the following:
                    ``(G) $8,360,565,000 for fiscal year 2012.''; and
            (2) in paragraph (2)--
                    (A) in subparagraph (A) by striking ``$113,500,000 
                for each of fiscal years 2009 through 2011, and 
                $85,125,000 for the period beginning on October 1, 
                2011, and ending on June 30, 2012,'' and inserting 
                ``and $113,500,000 for each of fiscal years 2009 
                through 2012'';
                    (B) in subparagraph (B) by striking 
                ``$4,160,365,000 for each of fiscal years 2009 through 
                2011, and $3,120,273,750 for the period beginning on 
                October 1, 2011, and ending on June 30, 2012,'' and 
                inserting ``and $4,160,365,000 for each of fiscal years 
                2009 through 2012'';
                    (C) in subparagraph (C) by striking ``$51,500,000 
                for each of fiscal years 2009 through 2011, and 
                $38,625,000 for the period beginning on October 1, 
                2011, and ending on June 30, 2012,'' and inserting 
                ``and $51,500,000 for each of fiscal years 2009 through 
                2012'';
                    (D) in subparagraph (D) by striking 
                ``$1,666,500,000 for each of fiscal years 2009 through 
                2011, and $1,249,875,000 for the period beginning on 
                October 1, 2011, and ending on June 30, 2012,'' and 
                inserting ``and $1,666,500,000 for each of fiscal years 
                2009 through 2012'';
                    (E) in subparagraph (E) by striking ``$984,000,000 
                for each of fiscal years 2009 through 2011, and 
                $738,000,000 for the period beginning on October 1, 
                2011, and ending on June 30, 2012,'' and inserting 
                ``and $984,000,000 for each of fiscal years 2009 
                through 2012'';
                    (F) in subparagraph (F) by striking ``$133,500,000 
                for each of fiscal years 2009 through 2011, and 
                $100,125,000 for the period beginning on October 1, 
                2011, and ending on June 30, 2012,'' and inserting 
                ``and $133,500,000 for each of fiscal years 2009 
                through 2012'';
                    (G) in subparagraph (G) by striking ``$465,000,000 
                for each of fiscal years 2009 through 2011, and 
                $348,750,000 for the period beginning on October 1, 
                2011, and ending on June 30, 2012,'' and inserting 
                ``and $465,000,000 for each of fiscal years 2009 
                through 2012'';
                    (H) in subparagraph (H) by striking ``$164,500,000 
                for each of fiscal years 2009 through 2011, and 
                $123,375,000 for the period beginning on October 1, 
                2011, and ending on June 30, 2012,'' and inserting 
                ``and $164,500,000 for each of fiscal years 2009 
                through 2012'';
                    (I) in subparagraph (I) by striking ``$92,500,000 
                for each of fiscal years 2009 through 2011, and 
                $69,375,000 for the period beginning on October 1, 
                2011, and ending on June 30, 2012,'' and inserting 
                ``and $92,500,000 for each of fiscal years 2009 through 
                2012'';
                    (J) in subparagraph (J) by striking ``$26,900,000 
                for each of fiscal years 2009 through 2011, and 
                $20,175,000 for the period beginning on October 1, 
                2011, and ending on June 30, 2012,'' and inserting 
                ``and $26,900,000 for each of fiscal years 2009 through 
                2012'';
                    (K) in subparagraph (K) by striking ``for each of 
                fiscal years 2006 through 2011 and $2,625,000 for the 
                period beginning on October 1, 2011, and ending on June 
                30, 2012,'' and inserting ``for each of fiscal years 
                2006 through 2012'';
                    (L) in subparagraph (L) by striking ``for each of 
                fiscal years 2006 through 2011 and $18,750,000 for the 
                period beginning on October 1, 2011, and ending on June 
                30, 2012,'' and inserting ``for each of fiscal years 
                2006 through 2012'';
                    (M) in subparagraph (M) by striking ``$465,000,000 
                for each of fiscal years 2009 through 2011, and 
                $348,750,000 for the period beginning on October 1, 
                2011, and ending on June 30, 2012,'' and inserting 
                ``and $465,000,000 for each of fiscal years 2009 
                through 2012''; and
                    (N) in subparagraph (N) by striking ``$8,800,000 
                for each of fiscal years 2009 through 2011, and 
                $6,600,000 for the period beginning on October 1, 2011, 
                and ending on June 30, 2012,'' and inserting ``and 
                $8,800,000 for each of fiscal years 2009 through 
                2012''.
    (b) Capital Investment Grants.--Section 5338(c)(7) of title 49, 
United States Code, is amended to read as follows:
            ``(7) $1,955,000,000 for fiscal year 2012.''.
    (c) Research and University Research Centers.--Section 5338(d) of 
title 49, United States Code, is amended--
            (1) in paragraph (1), in the matter preceding subparagraph 
        (A), by striking ``through 2011, and $33,000,000 for the period 
        beginning on October 1, 2011, and ending on June 30, 2012,'' 
        and inserting ``through 2011, and $44,000,000 for fiscal year 
        2012,''; and
            (2) by striking paragraph (3) and inserting the following:
            ``(3) Additional authorizations.--
                    ``(A) Research.--Of amounts authorized to be 
                appropriated under paragraph (1) for fiscal year 2012, 
                the Secretary shall allocate for each of the activities 
                and projects described in subparagraphs (A) through (F) 
                of paragraph (1) an amount equal to 63 percent of the 
                amount allocated for fiscal year 2009 under each such 
                subparagraph.
                    ``(B) University centers program.--
                            ``(i) Fiscal year 2012.--Of the amounts 
                        allocated under subparagraph (A)(i) for the 
                        university centers program under section 5506 
                        for fiscal year 2012, the Secretary shall 
                        allocate for each program described in clauses 
                        (i) through (iii) and (v) through (viii) of 
                        paragraph (2)(A) an amount equal to 63 percent 
                        of the amount allocated for fiscal year 2009 
                        under each such clause.
                            ``(ii) Funding.--If the Secretary 
                        determines that a project or activity described 
                        in paragraph (2) received sufficient funds in 
                        fiscal year 2011, or a previous fiscal year, to 
                        carry out the purpose for which the project or 
                        activity was authorized, the Secretary may not 
                        allocate any amounts under clause (i) for the 
                        project or activity for fiscal year 2012 or any 
                        subsequent fiscal year.''.
    (d) Administration.--Section 5338(e)(7) of title 49, United States 
Code, is amended to read as follows:
            ``(7) $98,713,000 for fiscal year 2012.''.

SEC. 137. AMENDMENTS TO SAFETEA-LU.

    (a) Contracted Paratransit Pilot.--Section 3009(i)(1) of SAFETEA-LU 
(119 Stat. 1572) is amended by striking ``2011 and the period beginning 
on October 1, 2011, and ending on June 30, 2012,'' and inserting 
``2012,''.
    (b) Public-Private Partnership Pilot Program.--Section 3011 of 
SAFETEA-LU (49 U.S.C. 5309 note; 119 Stat. 1588) is amended--
            (1) in subsection (c)(5) by striking ``2011 and the period 
        beginning on October 1, 2011, and ending on June 30, 2012'' and 
        inserting ``2012''; and
            (2) in the second sentence of subsection (d) by striking 
        ``2011 and the period beginning on October 1, 2011, and ending 
        on June 30, 2012,'' and inserting ``2012''.
    (c) Elderly Individuals and Individuals With Disabilities Pilot 
Program.--Section 3012(b)(8) of SAFETEA-LU (49 U.S.C. 5310 note; 119 
Stat. 1593) is amended by striking ``June 30, 2012'' and inserting 
``September 30, 2012''.
    (d) Obligation Ceiling.--Section 3040(8) of SAFETEA-LU (119 Stat. 
1639) is amended to read as follows:
            ``(8) $10,458,278,000 for fiscal year 2012, of which not 
        more than $8,360,565,000 shall be from the Mass Transit 
        Account.''.
    (e) Project Authorizations for New Fixed Guideway Capital 
Projects.--Section 3043 of SAFETEA-LU (119 Stat. 1640) is amended--
            (1) in subsection (b), in the matter preceding paragraph 
        (1), by striking ``2011 and the period beginning on October 1, 
        2011, and ending on June 30, 2012,'' and inserting ``2012''; 
        and
            (2) in subsection (c), in the matter preceding paragraph 
        (1), by striking ``2011 and the period beginning on October 1, 
        2011, and ending on June 30, 2012,'' and inserting ``2012''.
    (f) Allocations for National Research and Technology Programs.--
Section 3046 of SAFETEA-LU (49 U.S.C. 5338 note; 119 Stat. 1706) is 
amended--
            (1) in subsection (b) by striking ``fiscal year or period'' 
        and inserting ``fiscal year''; and
            (2) by striking subsection (c)(2) and inserting the 
        following:
            ``(2) for fiscal year 2012, in amounts equal to 63 percent 
        of the amounts allocated for fiscal year 2009 under each of 
        paragraphs (2), (3), (5), and (8) through (25) of subsection 
        (a).''.

                Subtitle D--Highway Trust Fund Extension

SEC. 141. EXTENSION OF HIGHWAY-RELATED TAXES.

    (a) In General.--
            (1) Each of the following provisions of the Internal 
        Revenue Code of 1986 is amended by striking ``June 30, 2012'' 
        and inserting ``September 30, 2012'':
                    (A) Section 4041(a)(1)(C)(iii)(I).
                    (B) Section 4041(m)(1)(B).
                    (C) Section 4081(d)(1).
            (2) Each of the following provisions of such Code is 
        amended by striking ``July 1, 2012'' and inserting ``October 1, 
        2012'':
                    (A) Section 4041(m)(1)(A).
                    (B) Section 4051(c).
                    (C) Section 4071(d).
                    (D) Section 4081(d)(3).
    (b) Floor Stocks Refunds.--Section 6412(a)(1) of such Code is 
amended--
            (1) by striking ``July 1, 2012'' each place it appears and 
        inserting ``October 1, 2012'';
            (2) by striking ``December 31, 2012'' each place it appears 
        and inserting ``March 31, 2013''; and
            (3) by striking ``October 1, 2012'' and inserting ``January 
        1, 2013''.
    (c) Extension of Certain Exemptions.--Sections 4221(a) and 4483(i) 
of such Code are each amended by striking ``July 1, 2012'' and 
inserting ``October 1, 2012''.
    (d) Extension of Transfers of Certain Taxes.--
            (1) In general.--Section 9503 of such Code is amended--
                    (A) in subsection (b)--
                            (i) by striking ``July 1, 2012'' each place 
                        it appears in paragraphs (1) and (2) and 
                        inserting ``October 1, 2012'';
                            (ii) by striking ``July 1, 2012'' in the 
                        heading of paragraph (2) and inserting 
                        ``October 1, 2012'';
                            (iii) by striking ``June 30, 2012'' in 
                        paragraph (2) and inserting ``September 30, 
                        2012''; and
                            (iv) by striking ``April 1, 2013'' in 
                        paragraph (2) and inserting ``July 1, 2013''; 
                        and
                    (B) in subsection (c)(2), by striking ``April 1, 
                2013'' and inserting ``July 1, 2013''.
            (2) Motorboat and small-engine fuel tax transfers.--
                    (A) In general.--Paragraphs (3)(A)(i) and (4)(A) of 
                section 9503(c) of such Code are each amended by 
                striking ``July 1, 2012'' and inserting ``October 1, 
                2012''.
                    (B) Conforming amendments to land and water 
                conservation fund.--Section 201(b) of the Land and 
                Water Conservation Fund Act of 1965 (16 U.S.C. 460l-
                11(b)) is amended--
                            (i) by striking ``July 1, 2013'' each place 
                        it appears and inserting ``October 1, 2013''; 
                        and
                            (ii) by striking ``July 1, 2012'' and 
                        inserting ``October 1, 2012''.
    (e) Technical Correction.--Paragraph (4) of section 4482(c) of such 
Code is amended to read as follows:
            ``(4) Taxable period.--The term `taxable period' means any 
        year beginning before July 1, 2013, and the period which begins 
        on July 1, 2013, and ends at the close of September 30, 
        2013.''.
    (f) Effective Date.--
            (1) In general.--Except as provided in paragraph (2), the 
        amendments made by this section shall take effect on July 1, 
        2012.
            (2) Technical correction.--The amendment made by subsection 
        (e) shall take effect as if included in section 402 of the 
        Surface Transportation Extension Act of 2012.

SEC. 142. EXTENSION OF TRUST FUND EXPENDITURE AUTHORITY.

    (a) Highway Trust Fund.--Section 9503 of the Internal Revenue Code 
of 1986 is amended--
            (1) by striking ``July 1, 2012'' in subsections (b)(6)(B), 
        (c)(1), and (e)(3) and inserting ``October 1, 2012''; and
            (2) by striking ``Surface Transportation Extension Act of 
        2012'' in subsections (c)(1) and (e)(3) and inserting ``Surface 
        Transportation Extension Act of 2012, Part II''.
    (b) Sport Fish Restoration and Boating Trust Fund.--Section 9504 of 
such Code is amended--
            (1) by striking ``Surface Transportation Extension Act of 
        2012'' each place it appears in subsection (b)(2) and inserting 
        ``Surface Transportation Extension Act of 2012, Part II''; and
            (2) by striking ``July 1, 2012'' in subsection (d)(2) and 
        inserting ``October 1, 2012''.
    (c) Leaking Underground Storage Tank Trust Fund.--Paragraph (2) of 
section 9508(e) of such Code is amended by striking ``July 1, 2012'' 
and inserting ``October 1, 2012''.
    (d) Effective Date.--The amendments made by this section shall take 
effect on July 1, 2012.

                     TITLE II--KEYSTONE XL PIPELINE

SEC. 201. SHORT TITLE.

    This title may be cited as the ``North American Energy Access 
Act''.

SEC. 202. RESTRICTION.

    (a) In General.--No person may construct, operate, or maintain the 
oil pipeline and related facilities described in subsection (b) except 
in accordance with a permit issued under this title.
    (b) Pipeline.--The pipeline and related facilities referred to in 
subsection (a) are those described in the Final Environmental Impact 
Statement for the Keystone XL Pipeline Project issued by the Department 
of State on August 26, 2011, including any modified version of that 
pipeline and related facilities.

SEC. 203. PERMIT.

    (a) Issuance.--
            (1) By ferc.--The Federal Energy Regulatory Commission 
        shall, not later than 30 days after receipt of an application 
        therefor, issue a permit without additional conditions for the 
        construction, operation, and maintenance of the oil pipeline 
        and related facilities described in section 202(b), to be 
        implemented in accordance with the terms of the Final 
        Environmental Impact Statement described in section 202(b). The 
        Commission shall not be required to prepare a Record of 
        Decision under section 1505.2 of title 40 of the Code of 
        Federal Regulations with respect to issuance of the permit 
        provided for in this section.
            (2) Issuance in absence of ferc action.--If the Federal 
        Energy Regulatory Commission has not acted on an application 
        for a permit described in paragraph (1) within 30 days after 
        receiving such application, the permit shall be deemed to have 
        been issued under this title upon the expiration of such 30-day 
        period.
    (b) Modification.--
            (1) In general.--The applicant for or holder of a permit 
        described in subsection (a) may make a substantial modification 
        to the pipeline route or any other term of the Final 
        Environmental Impact Statement described in section 202(b) only 
        with the approval of the Federal Energy Regulatory Commission. 
        The Commission shall expedite consideration of any such 
        modification proposal.
            (2) Nebraska modification.--Within 30 days after the date 
        of enactment of this Act, the Federal Energy Regulatory 
        Commission shall enter into a memorandum of understanding with 
        the State of Nebraska for an effective and timely review under 
        the National Environmental Policy Act of 1969 of any 
        modification to the proposed pipeline route in Nebraska as 
        proposed by the applicant for the permit described in 
        subsection (a). Not later than 30 days after receiving approval 
        of such proposed modification from the Governor of Nebraska, 
        the Commission shall complete consideration of and approve such 
        modification.
            (3) Issuance in absence of ferc action.--If the Federal 
        Energy Regulatory Commission has not acted on an application 
        for approval of a modification described in paragraph (2) 
        within 30 days after receiving such application, such 
        modification shall be deemed to have been issued under this 
        title upon expiration of the 30-day period.
            (4) Construction during consideration of nebraska 
        modification.--While any modification of the proposed pipeline 
        route in Nebraska is under consideration pursuant to paragraph 
        (2), the holder of the permit issued under subsection (a) may 
        commence or continue with construction of any portion of the 
        pipeline and related facilities described in section 202(b) 
        that is not within the State of Nebraska.
    (c) National Environmental Policy Act of 1969.--Except for actions 
taken under subsection (b)(1), the actions taken pursuant to this title 
shall be taken without further action under the National Environmental 
Policy Act of 1969 (42 U.S.C. 4321 et seq.).

SEC. 204. RELATION TO OTHER LAW.

    (a) General Rule.--Notwithstanding Executive Order No. 13337 (3 
U.S.C. 301 note), Executive Order No. 11423 (3 U.S.C. 301 note), 
section 301 of title 3, United States Code, and any other Executive 
order or provision of law, no presidential permits shall be required 
for the construction, operation, and maintenance of the pipeline and 
related facilities described in section 202(b) of this Act.
    (b) Applicability.--Nothing in this title shall affect the 
application to the pipeline and related facilities described in section 
202(b) of--
            (1) chapter 601 of title 49, United States Code; or
            (2) the authority of the Federal Energy Regulatory 
        Commission to regulate oil pipeline rates and services.
    (c) Final Environmental Impact Statement.--The final environmental 
impact statement issued by the Secretary of State on August 26, 2011, 
shall be considered to satisfy all requirements of the National 
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).

                         TITLE III--RESTORE ACT

SEC. 301. SHORT TITLE.

    This title may be cited as the ``Resources and Ecosystems 
Sustainability, Tourist Opportunities, and Revived Economies of the 
Gulf Coast States Act of 2012''.

SEC. 302. GULF COAST RESTORATION TRUST FUND.

    (a) Establishment.--There is established in the Treasury of the 
United States a trust fund to be known as the ``Gulf Coast Restoration 
Trust Fund'' (referred to in this section as the ``Trust Fund''), 
consisting of such amounts as are deposited in the Trust Fund under 
this section or any other provision of law.
    (b) Transfers.--The Secretary of the Treasury shall deposit in the 
Trust Fund an amount equal to 80 percent of all administrative and 
civil penalties paid by responsible parties after the date of enactment 
of this title in connection with the explosion on, and sinking of, the 
mobile offshore drilling unit Deepwater Horizon pursuant to a court 
order, negotiated settlement, or other instrument in accordance with 
section 311 of the Federal Water Pollution Control Act (33 U.S.C. 
1321).
    (c) Expenditures.--Amounts in the Trust Fund, including interest 
earned on advances to the Trust Fund and proceeds from investment under 
subsection (d), shall be available, pursuant to a future Act of 
Congress enacted after the date of enactment of this Act--
            (1) for expenditure to restore the Gulf Coast region from 
        the Deepwater Horizon oil spill for undertaking projects and 
        programs in the Gulf Coast region that would restore and 
        protect the natural resources, ecosystems, fisheries, marine 
        and wildlife habitats, beaches, coastal wetlands, and economy 
        of the Gulf Coast region; and
            (2) solely to Gulf Coast States and coastal political 
        subdivisions to restore the ecosystems and economy of the Gulf 
        Coast region.
    (d) Investment.--Amounts in the Trust Fund shall be invested in 
accordance with section 9702 of title 31, United States Code, and any 
interest on, and proceeds from, any such investment shall be available 
for expenditure in accordance with this section.
    (e) Definitions.--In this section:
            (1) Coastal political subdivision.--The term ``coastal 
        political subdivision'' means any local political jurisdiction 
        that is immediately below the State level of government, 
        including a county, parish, or borough, with a coastline that 
        is contiguous with any portion of the United States Gulf of 
        Mexico.
            (2) Deepwater horizon oil spill.--The term ``Deepwater 
        Horizon oil spill'' means the blowout and explosion of the 
        mobile offshore drilling unit Deepwater Horizon that occurred 
        on April 20, 2010, and resulting hydrocarbon releases into the 
        environment.
            (3) Gulf coast region.--The term ``Gulf Coast region'' 
        means--
                    (A) in the Gulf Coast States, the coastal zones (as 
                that term is defined in section 304 of the Coastal Zone 
                Management Act of 1972 (16 U.S.C. 1453)) that border 
                the Gulf of Mexico;
                    (B) any adjacent land, water, and watersheds, that 
                are within 25 miles of those coastal zones of the Gulf 
                Coast States; and
                    (C) all Federal waters in the Gulf of Mexico.
            (4) Gulf coast state.--The term ``Gulf Coast State'' means 
        any of the States of Alabama, Florida, Louisiana, Mississippi, 
        and Texas.

                 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.

                   TITLE V--COAL COMBUSTION RESIDUALS

SEC. 501. 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.''.

                  TITLE VI--ENVIRONMENTAL STREAMLINING

SEC. 601. 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. 602. 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. 603. 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 No. 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. 604. 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. 605. 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. 606. 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. 607. 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. 608. 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. 609. 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. 610. 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. 611. 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. 612. 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. 613. 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. 614. 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. 615. 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. 616. 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. 617. 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. 618. 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. 619. 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.''.

            Passed the House of Representatives April 18, 2012.

            Attest:

                                                 KAREN L. HAAS,

                                                                 Clerk.
```