II 

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. 

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


rfrederick on DSK6VPTVN1PROD with BILLS
2 

HR 4348 RDS

1 SECTION 1. TABLE OF CONTENTS. 

2 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. 


rfrederick on DSK6VPTVN1PROD with BILLS
3 

HR 4348 RDS

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. 

1 TITLE I—SURFACE 

2 TRANSPORTATION EXTENSION 

3 SEC. 101. SHORT TITLE. 

4 This title may be cited as the ‘‘Surface Transpor5 tation Extension Act of 2012, Part II’’. 

6 Subtitle A—Federal-Aid Highways 

7 SEC. 111. EXTENSION OF FEDERAL-AID HIGHWAY PRO8 GRAMS. 

9 (a) IN GENERAL.—Section 111 of the Surface Trans10 portation Extension Act of 2011, Part II (Public Law 

11 112–30; 125 Stat. 343) is amended— 

12 (1) by striking ‘‘the period beginning on Octo13 ber 1, 2011, and ending on June 30, 2012,’’ each 

14 place it appears and inserting ‘‘fiscal year 2012’’; 

(2) by striking ‘‘3 15 ⁄4 of’’ each place it appears; 

16 and 


rfrederick on DSK6VPTVN1PROD with BILLS
4 

HR 4348 RDS

1 (3) in subsection (a) by striking ‘‘June 30, 

2 2012’’ and inserting ‘‘September 30, 2012’’. 

3 (b) USE OF FUNDS.—Section 111(c) of the Surface 

4 Transportation Extension Act of 2011, Part II (125 Stat. 

5 343) is amended— 

6 (1) in paragraph (3)— 

7 (A) in subparagraph (A) by striking ‘‘, ex8 cept that during such period’’ and all that fol9 lows before the period at the end; and 

10 (B) in subparagraph (B)(ii) by striking 

11 ‘‘$479,250,000’’ and inserting ‘‘$639,000,000’’; 

12 and 

13 (2) by striking paragraph (4). 

14 (c) EXTENSION OF AUTHORIZATIONS UNDER TITLE

15 V OF SAFETEA–LU.—Section 111(e)(2) of the Surface 

16 Transportation Extension Act of 2011, Part II (125 Stat. 

17 343) is amended by striking ‘‘the period beginning on Oc18 tober 1, 2011, and ending on June 30, 2012.’’ and insert19 ing ‘‘fiscal year 2012.’’. 

20 (d) ADMINISTRATIVE EXPENSES.—Section 112(a) of 

21 the Surface Transportation Extension Act of 2011, Part 

22 II (125 Stat. 346) is amended by striking ‘‘$294,641,438 

23 for the period beginning on October 1, 2011, and ending 

24 on June 30, 2012.’’ and inserting ‘‘$392,855,250 for fiscal 

25 year 2012.’’. 


rfrederick on DSK6VPTVN1PROD with BILLS
5 

HR 4348 RDS

1 Subtitle B—Extension of Highway 

2 Safety Programs 

3 SEC. 121. EXTENSION OF NATIONAL HIGHWAY TRAFFIC 

4 SAFETY ADMINISTRATION HIGHWAY SAFETY 

5 PROGRAMS. 

6 (a) CHAPTER 4 HIGHWAY SAFETY PROGRAMS.—Sec7 tion 2001(a)(1) of SAFETEA–LU (119 Stat. 1519) is 

8 amended by striking ‘‘$235,000,000 for each of fiscal 

9 years 2009 through 2011’’ and all that follows through 

10 the period at the end and inserting ‘‘and $235,000,000 

11 for each of fiscal years 2009 through 2012.’’. 

12 (b) HIGHWAY SAFETY RESEARCH AND DEVELOP13 MENT.—Section 2001(a)(2) of SAFETEA–LU (119 Stat. 

14 1519) is amended by striking ‘‘and $81,183,000 for the 

15 period beginning on October 1, 2011, and ending on June 

16 30, 2012.’’ and inserting ‘‘and $105,500,000 for fiscal 

17 year 2012.’’. 

18 (c) OCCUPANT PROTECTION INCENTIVE GRANTS.— 

19 Section 2001(a)(3) of SAFETEA–LU (119 Stat. 1519) 

20 is amended by striking ‘‘, $25,000,000 for each of fiscal 

21 years 2006 through 2011’’ and all that follows through 

22 the period at the end and inserting ‘‘and $25,000,000 for 

23 each of fiscal years 2006 through 2012.’’. 

24 (d) SAFETY BELT PERFORMANCE GRANTS.—Section 

25 2001(a)(4) of SAFETEA–LU (119 Stat. 1519) is amendVerDate Mar 15 2010 02:45 Apr 25, 2012 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H4348.RDS H4348

rfrederick on DSK6VPTVN1PROD with BILLS
6 

HR 4348 RDS

1 ed by striking ‘‘and $36,375,000 for the period beginning 

2 on October 1, 2011, and ending on June 30, 2012.’’ and 

3 inserting ‘‘and $48,500,000 for fiscal year 2012.’’. 

4 (e) STATE TRAFFIC SAFETY INFORMATION SYSTEM

5 IMPROVEMENTS.—Section 2001(a)(5) of SAFETEA–LU 

6 (119 Stat. 1519) is amended by striking ‘‘for each of fiscal 

7 years 2006 through 2011’’ and all that follows through 

8 the period at the end and inserting ‘‘for each of fiscal 

9 years 2006 through 2012.’’. 

10 (f) ALCOHOL-IMPAIRED DRIVING COUNTER11 MEASURES INCENTIVE GRANT PROGRAM.—Section 

12 2001(a)(6) of SAFETEA–LU (119 Stat. 1519) is amend13 ed by striking ‘‘$139,000,000 for each of fiscal years fiscal 

14 years 2009 through 2011’’ and all that follows through 

15 the period at the end and inserting ‘‘and $139,000,000 

16 for each of fiscal years 2009 through 2012.’’. 

17 (g) NATIONAL DRIVER REGISTER.—Section 

18 2001(a)(7) of SAFETEA–LU (119 Stat. 1520) is amend19 ed by striking ‘‘and $3,087,000 for the period beginning 

20 on October 1, 2011, and ending on June 30, 2012.’’ and 

21 inserting ‘‘and $4,000,000 for fiscal year 2012.’’. 

22 (h) HIGH VISIBILITY ENFORCEMENT PROGRAM.— 

23 Section 2001(a)(8) of SAFETEA–LU (119 Stat. 1520) 

24 is amended by striking ‘‘for each of fiscal years 2006 

25 through 2011’’ and all that follows through the period at 


rfrederick on DSK6VPTVN1PROD with BILLS
7 

HR 4348 RDS

1 the end and inserting ‘‘for each of fiscal years 2006 

2 through 2012.’’. 

3 (i) MOTORCYCLIST SAFETY.—Section 2001(a)(9) of 

4 SAFETEA–LU (119 Stat. 1520) is amended by striking 

5 ‘‘$7,000,000 for each of fiscal years 2009 through 2011’’ 

6 and all that follows through the period at the end and 

7 inserting ‘‘and $7,000,000 for each of fiscal years 2009 

8 through 2012.’’. 

9 (j) CHILD SAFETY AND CHILD BOOSTER SEAT SAFE10 TY INCENTIVE GRANTS.—Section 2001(a)(10) of 

11 SAFETEA–LU (119 Stat. 1520) is amended by striking 

12 ‘‘$7,000,000 for each of fiscal years 2009 through 2011’’ 

13 and all that follows through the period at the end and 

14 inserting ‘‘and $7,000,000 for each of fiscal years 2009 

15 through 2012.’’. 

16 (k) ADMINISTRATIVE EXPENSES.—Section 

17 2001(a)(11) of SAFETEA–LU (119 Stat. 1520) is 

18 amended by striking ‘‘$25,328,000 for fiscal year 2011’’ 

19 and all that follows through the period at the end and 

20 inserting ‘‘and $25,328,000 for each of fiscal years 2011 

21 and 2012.’’. 


rfrederick on DSK6VPTVN1PROD with BILLS
8 

HR 4348 RDS

1 SEC. 122. EXTENSION OF FEDERAL MOTOR CARRIER SAFE2 TY ADMINISTRATION PROGRAMS. 

3 (a) MOTOR CARRIER SAFETY GRANTS.—Section 

4 31104(a)(8) of title 49, United States Code, is amended 

5 to read as follows: 

6 ‘‘(8) $212,000,000 for fiscal year 2012.’’. 

7 (b) ADMINISTRATIVE EXPENSES.— 

8 (1) IN GENERAL.—Section 31104(i)(1)(H) of 

9 title 49, United States Code, is amended to read as 

10 follows: 

11 ‘‘(H) $244,144,000 for fiscal year 2012.’’. 

12 (2) TECHNICAL CORRECTION.—Section 

13 31104(i)(1)(F) of title 49, United States Code, is 

14 amended to read as follows: 

15 ‘‘(F) $239,828,000 for fiscal year 2010;’’. 

16 (c) GRANT PROGRAMS.—Section 4101(c) of 

17 SAFETEA–LU (119 Stat. 1715) is amended— 

18 (1) in paragraph (1) by striking ‘‘and 

19 $22,500,000 for the period beginning on October 1, 

20 2011, and ending on June 30, 2012.’’ and inserting 

21 ‘‘and $30,000,000 for fiscal year 2012.’’; 

22 (2) in paragraph (2) by striking ‘‘2011 and 

23 $24,000,000 for the period beginning on October 1, 

24 2011, and ending on June 30, 2012.’’ and inserting 

25 ‘‘2012.’’; 


rfrederick on DSK6VPTVN1PROD with BILLS
9 

HR 4348 RDS

1 (3) in paragraph (3) by striking ‘‘2011 and 

2 $3,750,000 for the period beginning on October 1, 

3 2011, and ending on June 30, 2012.’’ and inserting 

4 ‘‘2012.’’; 

5 (4) in paragraph (4) by striking ‘‘2011 and 

6 $18,750,000 for the period beginning on October 1, 

7 2011, and ending on June 30, 2012.’’ and inserting 

8 ‘‘2012.’’; and 

9 (5) in paragraph (5) by striking ‘‘2011 and 

10 $2,250,000 for the period beginning on October 1, 

11 2011, and ending on June 30, 2012.’’ and inserting 

12 ‘‘2012.’’. 

13 (d) HIGH-PRIORITY ACTIVITIES.—Section 

14 31104(k)(2) of title 49, United States Code, is amended 

15 by striking ‘‘2011 and $11,250,000 for the period begin16 ning on October 1, 2011, and ending on June 30, 2012,’’ 

17 and inserting ‘‘2012’’. 

18 (e) NEW ENTRANT AUDITS.—Section 

19 31144(g)(5)(B) of title 49, United States Code, is amend20 ed by striking ‘‘and up to $21,750,000 for the period be21 ginning on October 1, 2011, and ending on June 30, 

22 2012,’’. 

23 (f) OUTREACH AND EDUCATION.—Section 4127(e) of 

24 SAFETEA–LU (119 Stat. 1741) is amended by striking 

25 ‘‘and 2011 (and $750,000 to the Federal Motor Carrier 


rfrederick on DSK6VPTVN1PROD with BILLS
10 

HR 4348 RDS

1 Safety Administration, and $2,250,000 to the National 

2 Highway Traffic Safety Administration, for the period be3 ginning on October 1, 2011, and ending on June 30, 

4 2012)’’ and inserting ‘‘2011, and 2012’’. 

5 (g) GRANT PROGRAM FOR COMMERCIAL MOTOR VE6 HICLE OPERATORS.—Section 4134(c) of SAFETEA–LU 

7 (119 Stat. 1744) is amended by striking ‘‘2011 and 

8 $750,000 for the period beginning on October 1, 2011, 

9 and ending on June 30, 2012,’’ and inserting ‘‘2012’’. 

10 (h) MOTOR CARRIER SAFETY ADVISORY COM11 MITTEE.—Section 4144(d) of SAFETEA–LU (119 Stat. 

12 1748) is amended by striking ‘‘June 30, 2012’’ and insert13 ing ‘‘September 30, 2012’’. 

14 (i) WORKING GROUP FOR DEVELOPMENT OF PRAC15 TICES AND PROCEDURES TO ENHANCE FEDERAL-STATE

16 RELATIONS.—Section 4213(d) of SAFETEA–LU (49 

17 U.S.C. 14710 note; 119 Stat. 1759) is amended by strik18 ing ‘‘June 30, 2012’’ and inserting ‘‘September 30, 

19 2012’’. 

20 SEC. 123. ADDITIONAL PROGRAMS. 

21 (a) HAZARDOUS MATERIALS RESEARCH

22 PROJECTS.—Section 7131(c) of SAFETEA–LU (119 

23 Stat. 1910) is amended by striking ‘‘and $870,000 for the 

24 period beginning on October 1, 2011, and ending on June 


rfrederick on DSK6VPTVN1PROD with BILLS
11 

HR 4348 RDS

1 30, 2012,’’ and inserting ‘‘and $1,160,000 for fiscal year 

2 2012’’. 

3 (b) DINGELL-JOHNSON SPORT FISH RESTORATION

4 ACT.—Section 4 of the Dingell-Johnson Sport Fish Res5 toration Act (16 U.S.C. 777c) is amended— 

6 (1) in subsection (a) by striking ‘‘2011 and for 

7 the period beginning on October 1, 2011, and ending 

8 on June 30, 2012,’’ and inserting ‘‘2012,’’; and 

9 (2) in the first sentence of subsection (b)(1)(A) 

10 by striking ‘‘2011 and for the period beginning on 

11 October 1, 2011, and ending on June 30, 2012,’’ 

12 and inserting ‘‘2012,’’. 

13 Subtitle C—Public Transportation 

14 Programs 

15 SEC. 131. ALLOCATION OF FUNDS FOR PLANNING PRO16 GRAMS. 

17 Section 5305(g) of title 49, United States Code, is 

18 amended by striking ‘‘2011 and for the period beginning 

19 on October 1, 2011, and ending on June 30, 2012’’ and 

20 inserting ‘‘2012’’. 

21 SEC. 132. SPECIAL RULE FOR URBANIZED AREA FORMULA 

22 GRANTS. 

23 Section 5307(b)(2) of title 49, United States Code, 

24 is amended— 


rfrederick on DSK6VPTVN1PROD with BILLS
12 

HR 4348 RDS

1 (1) by striking the paragraph heading and in2 serting ‘‘SPECIAL RULE FOR FISCAL YEARS 2005

3 THROUGH 2012.—’’; 

4 (2) in subparagraph (A) by striking ‘‘2011 and 

5 the period beginning on October 1, 2011, and ending 

6 on June 30, 2012,’’ and inserting ‘‘2012,’’; and 

7 (3) in subparagraph (E)— 

8 (A) by striking the subparagraph heading 

9 and inserting ‘‘MAXIMUM AMOUNTS IN FISCAL

10 YEARS 2008 THROUGH 2012.—’’; and 

11 (B) in the matter preceding clause (i) by 

12 striking ‘‘2011 and during the period beginning 

13 on October 1, 2011, and ending on June 30, 

14 2012’’ and inserting ‘‘2012’’. 

15 SEC. 133. ALLOCATING AMOUNTS FOR CAPITAL INVEST16 MENT GRANTS. 

17 Section 5309(m) of title 49, United States Code, is 

18 amended— 

19 (1) in paragraph (2)— 

20 (A) by striking the paragraph heading and 

21 inserting ‘‘FISCAL YEARS 2006 THROUGH

22 2012.—’’; 

23 (B) in the matter preceding subparagraph 

24 (A) by striking ‘‘2011 and the period beginning 


rfrederick on DSK6VPTVN1PROD with BILLS
13 

HR 4348 RDS

1 on October 1, 2011, and ending on June 30, 

2 2012,’’ and inserting ‘‘2012’’; and 

3 (C) in subparagraph (A)(i) by striking 

4 ‘‘2011 and $150,000,000 for the period begin5 ning on October 1, 2011, and ending on June 

6 30, 2012,’’ and inserting ‘‘2012’’; 

7 (2) in paragraph (6)— 

8 (A) in subparagraph (B) by striking ‘‘2011 

9 and $11,250,000 shall be available for the pe10 riod beginning on October 1, 2011, and ending 

11 on June 30, 2012,’’ and inserting ‘‘2012’’; and 

12 (B) in subparagraph (C) by striking 

13 ‘‘though 2011 and $3,750,000 shall be available 

14 for the period beginning on October 1, 2011, 

15 and ending on June 30, 2012,’’ and inserting 

16 ‘‘through 2012’’; and 

17 (3) in paragraph (7)— 

18 (A) in subparagraph (A)— 

19 (i) in the matter preceding clause 

20 (i)— 

21 (I) in the first sentence by strik22 ing ‘‘2011 and $7,500,000 shall be 

23 available for the period beginning on 

24 October 1, 2011, and ending on June 

25 30, 2012,’’ and inserting ‘‘2012’’; and 


rfrederick on DSK6VPTVN1PROD with BILLS
14 

HR 4348 RDS

1 (II) in the second sentence by in2 serting ‘‘each fiscal year’’ before the 

3 colon; 

4 (ii) in clause (i) by striking ‘‘for each 

5 fiscal year and $1,875,000 for the period 

6 beginning on October 1, 2011, and ending 

7 on June 30, 2012,’’; 

8 (iii) in clause (ii) by striking ‘‘for each 

9 fiscal year and $1,875,000 for the period 

10 beginning on October 1, 2011, and ending 

11 on June 30, 2012,’’; 

12 (iv) in clause (iii) by striking ‘‘for 

13 each fiscal year and $750,000 for the pe14 riod beginning on October 1, 2011, and 

15 ending on June 30, 2012,’’; 

16 (v) in clause (iv) by striking ‘‘for each 

17 fiscal year and $750,000 for the period be18 ginning on October 1, 2011, and ending on 

19 June 30, 2012,’’; 

20 (vi) in clause (v) by striking ‘‘for each 

21 fiscal year and $750,000 for the period be22 ginning on October 1, 2011, and ending on 

23 June 30, 2012,’’; 

24 (vii) in clause (vi) by striking ‘‘for 

25 each fiscal year and $750,000 for the peVerDate Mar 15 2010 02:45 Apr 25, 2012 Jkt 019200 PO 00000 Frm 00014 Fmt 6652 Sfmt 6201 E:\BILLS\H4348.RDS H4348

rfrederick on DSK6VPTVN1PROD with BILLS
15 

HR 4348 RDS

1 riod beginning on October 1, 2011, and 

2 ending on June 30, 2012,’’; 

3 (viii) in clause (vii) by striking ‘‘for 

4 each fiscal year and $487,500 for the pe5 riod beginning on October 1, 2011, and 

6 ending on June 30, 2012,’’; and 

7 (ix) in clause (viii) by striking ‘‘for 

8 each fiscal year and $262,500 for the pe9 riod beginning on October 1, 2011, and 

10 ending on June 30, 2012,’’; 

11 (B) in subparagraph (B) by striking clause 

12 (vii) and inserting the following: 

13 ‘‘(vii) $13,500,000 for fiscal year 

14 2012.’’; 

15 (C) in subparagraph (C) by striking ‘‘and 

16 during the period beginning on October 1, 

17 2011, and ending on June 30, 2012,’’; 

18 (D) in subparagraph (D) by striking ‘‘and 

19 not less than $26,250,000 shall be available for 

20 the period beginning on October 1, 2011, and 

21 ending on June 30, 2012,’’; and 

22 (E) in subparagraph (E) by striking ‘‘and 

23 $2,250,000 shall be available for the period be24 ginning on October 1, 2011, and ending on 

25 June 30, 2012,’’. 


rfrederick on DSK6VPTVN1PROD with BILLS
16 

HR 4348 RDS

1 SEC. 134. APPORTIONMENT OF FORMULA GRANTS FOR 

2 OTHER THAN URBANIZED AREAS. 

3 Section 5311(c)(1)(G) of title 49, United States 

4 Code, is amended to read as follows: 

5 ‘‘(G) $15,000,000 for fiscal year 2012.’’. 

6 SEC. 135. APPORTIONMENT BASED ON FIXED GUIDEWAY 

7 FACTORS. 

8 Section 5337 of title 49, United States Code, is 

9 amended by striking subsection (g). 

10 SEC. 136. AUTHORIZATIONS FOR PUBLIC TRANSPOR11 TATION. 

12 (a) FORMULA AND BUS GRANTS.—Section 5338(b) 

13 of title 49, United States Code, is amended— 

14 (1) in paragraph (1) by striking subparagraph 

15 (G) and inserting the following: 

16 ‘‘(G) $8,360,565,000 for fiscal year 

17 2012.’’; and 

18 (2) in paragraph (2)— 

19 (A) in subparagraph (A) by striking 

20 ‘‘$113,500,000 for each of fiscal years 2009 

21 through 2011, and $85,125,000 for the period 

22 beginning on October 1, 2011, and ending on 

23 June 30, 2012,’’ and inserting ‘‘and 

24 $113,500,000 for each of fiscal years 2009 

25 through 2012’’; 


rfrederick on DSK6VPTVN1PROD with BILLS
17 

HR 4348 RDS

1 (B) in subparagraph (B) by striking 

2 ‘‘$4,160,365,000 for each of fiscal years 2009 

3 through 2011, and $3,120,273,750 for the pe4 riod beginning on October 1, 2011, and ending 

5 on June 30, 2012,’’ and inserting ‘‘and 

6 $4,160,365,000 for each of fiscal years 2009 

7 through 2012’’; 

8 (C) in subparagraph (C) by striking 

9 ‘‘$51,500,000 for each of fiscal years 2009 

10 through 2011, and $38,625,000 for the period 

11 beginning on October 1, 2011, and ending on 

12 June 30, 2012,’’ and inserting ‘‘and 

13 $51,500,000 for each of fiscal years 2009 

14 through 2012’’; 

15 (D) in subparagraph (D) by striking 

16 ‘‘$1,666,500,000 for each of fiscal years 2009 

17 through 2011, and $1,249,875,000 for the pe18 riod beginning on October 1, 2011, and ending 

19 on June 30, 2012,’’ and inserting ‘‘and 

20 $1,666,500,000 for each of fiscal years 2009 

21 through 2012’’; 

22 (E) in subparagraph (E) by striking 

23 ‘‘$984,000,000 for each of fiscal years 2009 

24 through 2011, and $738,000,000 for the period 

25 beginning on October 1, 2011, and ending on 


rfrederick on DSK6VPTVN1PROD with BILLS
18 

HR 4348 RDS

1 June 30, 2012,’’ and inserting ‘‘and 

2 $984,000,000 for each of fiscal years 2009 

3 through 2012’’; 

4 (F) in subparagraph (F) by striking 

5 ‘‘$133,500,000 for each of fiscal years 2009 

6 through 2011, and $100,125,000 for the period 

7 beginning on October 1, 2011, and ending on 

8 June 30, 2012,’’ and inserting ‘‘and 

9 $133,500,000 for each of fiscal years 2009 

10 through 2012’’; 

11 (G) in subparagraph (G) by striking 

12 ‘‘$465,000,000 for each of fiscal years 2009 

13 through 2011, and $348,750,000 for the period 

14 beginning on October 1, 2011, and ending on 

15 June 30, 2012,’’ and inserting ‘‘and 

16 $465,000,000 for each of fiscal years 2009 

17 through 2012’’; 

18 (H) in subparagraph (H) by striking 

19 ‘‘$164,500,000 for each of fiscal years 2009 

20 through 2011, and $123,375,000 for the period 

21 beginning on October 1, 2011, and ending on 

22 June 30, 2012,’’ and inserting ‘‘and 

23 $164,500,000 for each of fiscal years 2009 

24 through 2012’’; 


rfrederick on DSK6VPTVN1PROD with BILLS
19 

HR 4348 RDS

1 (I) in subparagraph (I) by striking 

2 ‘‘$92,500,000 for each of fiscal years 2009 

3 through 2011, and $69,375,000 for the period 

4 beginning on October 1, 2011, and ending on 

5 June 30, 2012,’’ and inserting ‘‘and 

6 $92,500,000 for each of fiscal years 2009 

7 through 2012’’; 

8 (J) in subparagraph (J) by striking 

9 ‘‘$26,900,000 for each of fiscal years 2009 

10 through 2011, and $20,175,000 for the period 

11 beginning on October 1, 2011, and ending on 

12 June 30, 2012,’’ and inserting ‘‘and 

13 $26,900,000 for each of fiscal years 2009 

14 through 2012’’; 

15 (K) in subparagraph (K) by striking ‘‘for 

16 each of fiscal years 2006 through 2011 and 

17 $2,625,000 for the period beginning on October 

18 1, 2011, and ending on June 30, 2012,’’ and 

19 inserting ‘‘for each of fiscal years 2006 through 

20 2012’’; 

21 (L) in subparagraph (L) by striking ‘‘for 

22 each of fiscal years 2006 through 2011 and 

23 $18,750,000 for the period beginning on Octo24 ber 1, 2011, and ending on June 30, 2012,’’ 


rfrederick on DSK6VPTVN1PROD with BILLS
20 

HR 4348 RDS

1 and inserting ‘‘for each of fiscal years 2006 

2 through 2012’’; 

3 (M) in subparagraph (M) by striking 

4 ‘‘$465,000,000 for each of fiscal years 2009 

5 through 2011, and $348,750,000 for the period 

6 beginning on October 1, 2011, and ending on 

7 June 30, 2012,’’ and inserting ‘‘and 

8 $465,000,000 for each of fiscal years 2009 

9 through 2012’’; and 

10 (N) in subparagraph (N) by striking 

11 ‘‘$8,800,000 for each of fiscal years 2009 

12 through 2011, and $6,600,000 for the period 

13 beginning on October 1, 2011, and ending on 

14 June 30, 2012,’’ and inserting ‘‘and $8,800,000 

15 for each of fiscal years 2009 through 2012’’. 

16 (b) CAPITAL INVESTMENT GRANTS.—Section 

17 5338(c)(7) of title 49, United States Code, is amended 

18 to read as follows: 

19 ‘‘(7) $1,955,000,000 for fiscal year 2012.’’. 

20 (c) RESEARCH AND UNIVERSITY RESEARCH CEN21 TERS.—Section 5338(d) of title 49, United States Code, 

22 is amended— 

23 (1) in paragraph (1), in the matter preceding 

24 subparagraph (A), by striking ‘‘through 2011, and 

25 $33,000,000 for the period beginning on October 1, 


rfrederick on DSK6VPTVN1PROD with BILLS
21 

HR 4348 RDS

1 2011, and ending on June 30, 2012,’’ and inserting 

2 ‘‘through 2011, and $44,000,000 for fiscal year 

3 2012,’’; and 

4 (2) by striking paragraph (3) and inserting the 

5 following: 

6 ‘‘(3) ADDITIONAL AUTHORIZATIONS.— 

7 ‘‘(A) RESEARCH.—Of amounts authorized 

8 to be appropriated under paragraph (1) for fis9 cal year 2012, the Secretary shall allocate for 

10 each of the activities and projects described in 

11 subparagraphs (A) through (F) of paragraph 

12 (1) an amount equal to 63 percent of the 

13 amount allocated for fiscal year 2009 under 

14 each such subparagraph. 

15 ‘‘(B) UNIVERSITY CENTERS PROGRAM.— 

16 ‘‘(i) FISCAL YEAR 2012.—Of the 

17 amounts allocated under subparagraph 

18 (A)(i) for the university centers program 

19 under section 5506 for fiscal year 2012, 

20 the Secretary shall allocate for each pro21 gram described in clauses (i) through (iii) 

22 and (v) through (viii) of paragraph (2)(A) 

23 an amount equal to 63 percent of the 

24 amount allocated for fiscal year 2009 

25 under each such clause. 


rfrederick on DSK6VPTVN1PROD with BILLS
22 

HR 4348 RDS

1 ‘‘(ii) FUNDING.—If the Secretary de2 termines that a project or activity de3 scribed in paragraph (2) received sufficient 

4 funds in fiscal year 2011, or a previous fis5 cal year, to carry out the purpose for 

6 which the project or activity was author7 ized, the Secretary may not allocate any 

8 amounts under clause (i) for the project or 

9 activity for fiscal year 2012 or any subse10 quent fiscal year.’’. 

11 (d) ADMINISTRATION.—Section 5338(e)(7) of title 

12 49, United States Code, is amended to read as follows: 

13 ‘‘(7) $98,713,000 for fiscal year 2012.’’. 

14 SEC. 137. AMENDMENTS TO SAFETEA–LU. 

15 (a) CONTRACTED PARATRANSIT PILOT.—Section 

16 3009(i)(1) of SAFETEA–LU (119 Stat. 1572) is amend17 ed by striking ‘‘2011 and the period beginning on October 

18 1, 2011, and ending on June 30, 2012,’’ and inserting 

19 ‘‘2012,’’. 

20 (b) PUBLIC-PRIVATE PARTNERSHIP PILOT PRO21 GRAM.—Section 3011 of SAFETEA–LU (49 U.S.C. 5309 

22 note; 119 Stat. 1588) is amended— 

23 (1) in subsection (c)(5) by striking ‘‘2011 and 

24 the period beginning on October 1, 2011, and ending 

25 on June 30, 2012’’ and inserting ‘‘2012’’; and 


rfrederick on DSK6VPTVN1PROD with BILLS
23 

HR 4348 RDS

1 (2) in the second sentence of subsection (d) by 

2 striking ‘‘2011 and the period beginning on October 

3 1, 2011, and ending on June 30, 2012,’’ and insert4 ing ‘‘2012’’. 

5 (c) ELDERLY INDIVIDUALS AND INDIVIDUALS WITH

6 DISABILITIES PILOT PROGRAM.—Section 3012(b)(8) of 

7 SAFETEA–LU (49 U.S.C. 5310 note; 119 Stat. 1593) 

8 is amended by striking ‘‘June 30, 2012’’ and inserting 

9 ‘‘September 30, 2012’’. 

10 (d) OBLIGATION CEILING.—Section 3040(8) of 

11 SAFETEA–LU (119 Stat. 1639) is amended to read as 

12 follows: 

13 ‘‘(8) $10,458,278,000 for fiscal year 2012, of 

14 which not more than $8,360,565,000 shall be from 

15 the Mass Transit Account.’’. 

16 (e) PROJECT AUTHORIZATIONS FOR NEW FIXED

17 GUIDEWAY CAPITAL PROJECTS.—Section 3043 of 

18 SAFETEA–LU (119 Stat. 1640) is amended— 

19 (1) in subsection (b), in the matter preceding 

20 paragraph (1), by striking ‘‘2011 and the period be21 ginning on October 1, 2011, and ending on June 30, 

22 2012,’’ and inserting ‘‘2012’’; and 

23 (2) in subsection (c), in the matter preceding 

24 paragraph (1), by striking ‘‘2011 and the period beVerDate Mar 15 2010 02:45 Apr 25, 2012 Jkt 019200 PO 00000 Frm 00023 Fmt 6652 Sfmt 6201 E:\BILLS\H4348.RDS H4348

rfrederick on DSK6VPTVN1PROD with BILLS
24 

HR 4348 RDS

1 ginning on October 1, 2011, and ending on June 30, 

2 2012,’’ and inserting ‘‘2012’’. 

3 (f) ALLOCATIONS FOR NATIONAL RESEARCH AND

4 TECHNOLOGY PROGRAMS.—Section 3046 of SAFETEA– 

5 LU (49 U.S.C. 5338 note; 119 Stat. 1706) is amended— 

6 (1) in subsection (b) by striking ‘‘fiscal year or 

7 period’’ and inserting ‘‘fiscal year’’; and 

8 (2) by striking subsection (c)(2) and inserting 

9 the following: 

10 ‘‘(2) for fiscal year 2012, in amounts equal to 

11 63 percent of the amounts allocated for fiscal year 

12 2009 under each of paragraphs (2), (3), (5), and (8) 

13 through (25) of subsection (a).’’. 

14 Subtitle D—Highway Trust Fund 

15 Extension 

16 SEC. 141. EXTENSION OF HIGHWAY-RELATED TAXES. 

17 (a) IN GENERAL.— 

18 (1) Each of the following provisions of the In19 ternal Revenue Code of 1986 is amended by striking 

20 ‘‘June 30, 2012’’ and inserting ‘‘September 30, 

21 2012’’: 

22 (A) Section 4041(a)(1)(C)(iii)(I). 

23 (B) Section 4041(m)(1)(B). 

24 (C) Section 4081(d)(1). 


rfrederick on DSK6VPTVN1PROD with BILLS
25 

HR 4348 RDS

1 (2) Each of the following provisions of such 

2 Code is amended by striking ‘‘July 1, 2012’’ and in3 serting ‘‘October 1, 2012’’: 

4 (A) Section 4041(m)(1)(A). 

5 (B) Section 4051(c). 

6 (C) Section 4071(d). 

7 (D) Section 4081(d)(3). 

8 (b) FLOOR STOCKS REFUNDS.—Section 6412(a)(1) 

9 of such Code is amended— 

10 (1) by striking ‘‘July 1, 2012’’ each place it ap11 pears and inserting ‘‘October 1, 2012’’; 

12 (2) by striking ‘‘December 31, 2012’’ each 

13 place it appears and inserting ‘‘March 31, 2013’’; 

14 and 

15 (3) by striking ‘‘October 1, 2012’’ and inserting 

16 ‘‘January 1, 2013’’. 

17 (c) EXTENSION OF CERTAIN EXEMPTIONS.—Sec18 tions 4221(a) and 4483(i) of such Code are each amended 

19 by striking ‘‘July 1, 2012’’ and inserting ‘‘October 1, 

20 2012’’. 

21 (d) EXTENSION OF TRANSFERS OF CERTAIN

22 TAXES.— 

23 (1) IN GENERAL.—Section 9503 of such Code 

24 is amended— 

25 (A) in subsection (b)— 


rfrederick on DSK6VPTVN1PROD with BILLS
26 

HR 4348 RDS

1 (i) by striking ‘‘July 1, 2012’’ each 

2 place it appears in paragraphs (1) and (2) 

3 and inserting ‘‘October 1, 2012’’; 

4 (ii) by striking ‘‘JULY 1, 2012’’ in the 

5 heading of paragraph (2) and inserting 

6 ‘‘OCTOBER 1, 2012’’; 

7 (iii) by striking ‘‘June 30, 2012’’ in 

8 paragraph (2) and inserting ‘‘September 

9 30, 2012’’; and 

10 (iv) by striking ‘‘April 1, 2013’’ in 

11 paragraph (2) and inserting ‘‘July 1, 

12 2013’’; and 

13 (B) in subsection (c)(2), by striking ‘‘April 

14 1, 2013’’ and inserting ‘‘July 1, 2013’’. 

15 (2) MOTORBOAT AND SMALL-ENGINE FUEL TAX

16 TRANSFERS.— 

17 (A) IN GENERAL.—Paragraphs (3)(A)(i) 

18 and (4)(A) of section 9503(c) of such Code are 

19 each amended by striking ‘‘July 1, 2012’’ and 

20 inserting ‘‘October 1, 2012’’. 

21 (B) CONFORMING AMENDMENTS TO LAND

22 AND WATER CONSERVATION FUND.—Section 

23 201(b) of the Land and Water Conservation 

24 Fund Act of 1965 (16 U.S.C. 460l–11(b)) is 

25 amended— 


rfrederick on DSK6VPTVN1PROD with BILLS
27 

HR 4348 RDS

1 (i) by striking ‘‘July 1, 2013’’ each 

2 place it appears and inserting ‘‘October 1, 

3 2013’’; and 

4 (ii) by striking ‘‘July 1, 2012’’ and in5 serting ‘‘October 1, 2012’’. 

6 (e) TECHNICAL CORRECTION.—Paragraph (4) of sec7 tion 4482(c) of such Code is amended to read as follows: 

8 ‘‘(4) TAXABLE PERIOD.—The term ‘taxable pe9 riod’ means any year beginning before July 1, 2013, 

10 and the period which begins on July 1, 2013, and 

11 ends at the close of September 30, 2013.’’. 

12 (f) EFFECTIVE DATE.— 

13 (1) IN GENERAL.—Except as provided in para14 graph (2), the amendments made by this section 

15 shall take effect on July 1, 2012. 

16 (2) TECHNICAL CORRECTION.—The amendment 

17 made by subsection (e) shall take effect as if in18 cluded in section 402 of the Surface Transportation 

19 Extension Act of 2012. 

20 SEC. 142. EXTENSION OF TRUST FUND EXPENDITURE AU21 THORITY. 

22 (a) HIGHWAY TRUST FUND.—Section 9503 of the 

23 Internal Revenue Code of 1986 is amended— 


rfrederick on DSK6VPTVN1PROD with BILLS
28 

HR 4348 RDS

1 (1) by striking ‘‘July 1, 2012’’ in subsections 

2 (b)(6)(B), (c)(1), and (e)(3) and inserting ‘‘October 

3 1, 2012’’; and 

4 (2) by striking ‘‘Surface Transportation Exten5 sion Act of 2012’’ in subsections (c)(1) and (e)(3) 

6 and inserting ‘‘Surface Transportation Extension 

7 Act of 2012, Part II’’. 

8 (b) SPORT FISH RESTORATION AND BOATING TRUST

9 FUND.—Section 9504 of such Code is amended— 

10 (1) by striking ‘‘Surface Transportation Exten11 sion Act of 2012’’ each place it appears in sub12 section (b)(2) and inserting ‘‘Surface Transportation 

13 Extension Act of 2012, Part II’’; and 

14 (2) by striking ‘‘July 1, 2012’’ in subsection 

15 (d)(2) and inserting ‘‘October 1, 2012’’. 

16 (c) LEAKING UNDERGROUND STORAGE TANK TRUST

17 FUND.—Paragraph (2) of section 9508(e) of such Code 

18 is amended by striking ‘‘July 1, 2012’’ and inserting ‘‘Oc19 tober 1, 2012’’. 

20 (d) EFFECTIVE DATE.—The amendments made by 

21 this section shall take effect on July 1, 2012. 


rfrederick on DSK6VPTVN1PROD with BILLS
29 

HR 4348 RDS

1 TITLE II—KEYSTONE XL 

2 PIPELINE 

3 SEC. 201. SHORT TITLE. 

4 This title may be cited as the ‘‘North American En5 ergy Access Act’’. 

6 SEC. 202. RESTRICTION. 

7 (a) IN GENERAL.—No person may construct, oper8 ate, or maintain the oil pipeline and related facilities de9 scribed in subsection (b) except in accordance with a per10 mit issued under this title. 

11 (b) PIPELINE.—The pipeline and related facilities re12 ferred to in subsection (a) are those described in the Final 

13 Environmental Impact Statement for the Keystone XL 

14 Pipeline Project issued by the Department of State on Au15 gust 26, 2011, including any modified version of that pipe16 line and related facilities. 

17 SEC. 203. PERMIT. 

18 (a) ISSUANCE.— 

19 (1) BY FERC.—The Federal Energy Regulatory 

20 Commission shall, not later than 30 days after re21 ceipt of an application therefor, issue a permit with22 out additional conditions for the construction, oper23 ation, and maintenance of the oil pipeline and re24 lated facilities described in section 202(b), to be im25 plemented in accordance with the terms of the Final 


rfrederick on DSK6VPTVN1PROD with BILLS
30 

HR 4348 RDS

1 Environmental Impact Statement described in sec2 tion 202(b). The Commission shall not be required 

3 to prepare a Record of Decision under section 

4 1505.2 of title 40 of the Code of Federal Regula5 tions with respect to issuance of the permit provided 

6 for in this section. 

7 (2) ISSUANCE IN ABSENCE OF FERC ACTION.— 

8 If the Federal Energy Regulatory Commission has 

9 not acted on an application for a permit described 

10 in paragraph (1) within 30 days after receiving such 

11 application, the permit shall be deemed to have been 

12 issued under this title upon the expiration of such 

13 30-day period. 

14 (b) MODIFICATION.— 

15 (1) IN GENERAL.—The applicant for or holder 

16 of a permit described in subsection (a) may make a 

17 substantial modification to the pipeline route or any 

18 other term of the Final Environmental Impact 

19 Statement described in section 202(b) only with the 

20 approval of the Federal Energy Regulatory Commis21 sion. The Commission shall expedite consideration of 

22 any such modification proposal. 

23 (2) NEBRASKA MODIFICATION.—Within 30 

24 days after the date of enactment of this Act, the 

25 Federal Energy Regulatory Commission shall enter 


rfrederick on DSK6VPTVN1PROD with BILLS
31 

HR 4348 RDS

1 into a memorandum of understanding with the State 

2 of Nebraska for an effective and timely review under 

3 the National Environmental Policy Act of 1969 of 

4 any modification to the proposed pipeline route in 

5 Nebraska as proposed by the applicant for the per6 mit described in subsection (a). Not later than 30 

7 days after receiving approval of such proposed modi8 fication from the Governor of Nebraska, the Com9 mission shall complete consideration of and approve 

10 such modification. 

11 (3) ISSUANCE IN ABSENCE OF FERC ACTION.— 

12 If the Federal Energy Regulatory Commission has 

13 not acted on an application for approval of a modi14 fication described in paragraph (2) within 30 days 

15 after receiving such application, such modification 

16 shall be deemed to have been issued under this title 

17 upon expiration of the 30-day period. 

18 (4) CONSTRUCTION DURING CONSIDERATION OF

19 NEBRASKA MODIFICATION.—While any modification 

20 of the proposed pipeline route in Nebraska is under 

21 consideration pursuant to paragraph (2), the holder 

22 of the permit issued under subsection (a) may com23 mence or continue with construction of any portion 

24 of the pipeline and related facilities described in sec25 tion 202(b) that is not within the State of Nebraska. 


rfrederick on DSK6VPTVN1PROD with BILLS
32 

HR 4348 RDS

1 (c) NATIONAL ENVIRONMENTAL POLICY ACT OF

2 1969.—Except for actions taken under subsection (b)(1), 

3 the actions taken pursuant to this title shall be taken with4 out further action under the National Environmental Pol5 icy Act of 1969 (42 U.S.C. 4321 et seq.). 

6 SEC. 204. RELATION TO OTHER LAW. 

7 (a) GENERAL RULE.—Notwithstanding Executive 

8 Order No. 13337 (3 U.S.C. 301 note), Executive Order 

9 No. 11423 (3 U.S.C. 301 note), section 301 of title 3, 

10 United States Code, and any other Executive order or pro11 vision of law, no presidential permits shall be required for 

12 the construction, operation, and maintenance of the pipe13 line and related facilities described in section 202(b) of 

14 this Act. 

15 (b) APPLICABILITY.—Nothing in this title shall affect 

16 the application to the pipeline and related facilities de17 scribed in section 202(b) of— 

18 (1) chapter 601 of title 49, United States Code; 

19 or 

20 (2) the authority of the Federal Energy Regu21 latory Commission to regulate oil pipeline rates and 

22 services. 

23 (c) FINAL ENVIRONMENTAL IMPACT STATEMENT.— 

24 The final environmental impact statement issued by the 

25 Secretary of State on August 26, 2011, shall be considered 


rfrederick on DSK6VPTVN1PROD with BILLS
33 

HR 4348 RDS

1 to satisfy all requirements of the National Environmental 

2 Policy Act of 1969 (42 U.S.C. 4321 et seq.). 

3 TITLE III—RESTORE ACT 

4 SEC. 301. SHORT TITLE. 

5 This title may be cited as the ‘‘Resources and Eco6 systems Sustainability, Tourist Opportunities, and Re7 vived Economies of the Gulf Coast States Act of 2012’’. 

8 SEC. 302. GULF COAST RESTORATION TRUST FUND. 

9 (a) ESTABLISHMENT.—There is established in the 

10 Treasury of the United States a trust fund to be known 

11 as the ‘‘Gulf Coast Restoration Trust Fund’’ (referred to 

12 in this section as the ‘‘Trust Fund’’), consisting of such 

13 amounts as are deposited in the Trust Fund under this 

14 section or any other provision of law. 

15 (b) TRANSFERS.—The Secretary of the Treasury 

16 shall deposit in the Trust Fund an amount equal to 80 

17 percent of all administrative and civil penalties paid by 

18 responsible parties after the date of enactment of this title 

19 in connection with the explosion on, and sinking of, the 

20 mobile offshore drilling unit Deepwater Horizon pursuant 

21 to a court order, negotiated settlement, or other instru22 ment in accordance with section 311 of the Federal Water 

23 Pollution Control Act (33 U.S.C. 1321). 

24 (c) EXPENDITURES.—Amounts in the Trust Fund, 

25 including interest earned on advances to the Trust Fund 


rfrederick on DSK6VPTVN1PROD with BILLS
34 

HR 4348 RDS

1 and proceeds from investment under subsection (d), shall 

2 be available, pursuant to a future Act of Congress enacted 

3 after the date of enactment of this Act— 

4 (1) for expenditure to restore the Gulf Coast re5 gion from the Deepwater Horizon oil spill for under6 taking projects and programs in the Gulf Coast re7 gion that would restore and protect the natural re8 sources, ecosystems, fisheries, marine and wildlife 

9 habitats, beaches, coastal wetlands, and economy of 

10 the Gulf Coast region; and 

11 (2) solely to Gulf Coast States and coastal po12 litical subdivisions to restore the ecosystems and 

13 economy of the Gulf Coast region. 

14 (d) INVESTMENT.—Amounts in the Trust Fund shall 

15 be invested in accordance with section 9702 of title 31, 

16 United States Code, and any interest on, and proceeds 

17 from, any such investment shall be available for expendi18 ture in accordance with this section. 

19 (e) DEFINITIONS.—In this section: 

20 (1) COASTAL POLITICAL SUBDIVISION.—The 

21 term ‘‘coastal political subdivision’’ means any local 

22 political jurisdiction that is immediately below the 

23 State level of government, including a county, par24 ish, or borough, with a coastline that is contiguous 


rfrederick on DSK6VPTVN1PROD with BILLS
35 

HR 4348 RDS

1 with any portion of the United States Gulf of Mex2 ico. 

3 (2) DEEPWATER HORIZON OIL SPILL.—The 

4 term ‘‘Deepwater Horizon oil spill’’ means the blow5 out and explosion of the mobile offshore drilling unit 

6 Deepwater Horizon that occurred on April 20, 2010, 

7 and resulting hydrocarbon releases into the environ8 ment. 

9 (3) GULF COAST REGION.—The term ‘‘Gulf 

10 Coast region’’ means— 

11 (A) in the Gulf Coast States, the coastal 

12 zones (as that term is defined in section 304 of 

13 the Coastal Zone Management Act of 1972 (16 

14 U.S.C. 1453)) that border the Gulf of Mexico; 

15 (B) any adjacent land, water, and water16 sheds, that are within 25 miles of those coastal 

17 zones of the Gulf Coast States; and 

18 (C) all Federal waters in the Gulf of Mex19 ico. 

20 (4) GULF COAST STATE.—The term ‘‘Gulf 

21 Coast State’’ means any of the States of Alabama, 

22 Florida, Louisiana, Mississippi, and Texas. 


rfrederick on DSK6VPTVN1PROD with BILLS
36 

HR 4348 RDS

1 TITLE IV—HARBOR 

2 MAINTENANCE PROGRAMS 

3 SEC. 401. FUNDING FOR HARBOR MAINTENANCE PRO4 GRAMS. 

5 (a) HARBOR MAINTENANCE TRUST FUND GUAR6 ANTEE.— 

7 (1) IN GENERAL.—The total budget resources 

8 for a fiscal year shall be equal to the level of receipts 

9 for harbor maintenance for that fiscal year. Such 

10 amounts shall be used only for harbor maintenance 

11 programs. 

12 (2) GUARANTEE.—No funds may be appro13 priated for harbor maintenance programs unless the 

14 amount under paragraph (1) has been provided for 

15 all such programs. 

16 (b) DEFINITIONS.—In this section, the following defi17 nitions apply: 

18 (1) HARBOR MAINTENANCE PROGRAMS.—The 

19 term ‘‘harbor maintenance programs’’ means ex20 penditures under section 9505(c)(1) of the Internal 

21 Revenue Code of 1986 (relating to expenditures 

22 from the Harbor Maintenance Trust Fund). 

23 (2) LEVEL OF RECEIPTS FOR HARBOR MAINTE24 NANCE.—The term ‘‘level of receipts for harbor 

25 maintenance’’ means the level of taxes credited to 


rfrederick on DSK6VPTVN1PROD with BILLS
37 

HR 4348 RDS

1 the Harbor Maintenance Trust Fund under section 

2 9505(a)(1) of the Internal Revenue Code of 1986 

3 for a fiscal year as set forth in the President’s budg4 et baseline projection as defined in section 257 of 

5 the Balanced Budget and Emergency Deficit Control 

6 Act of 1985 (Public Law 99–177) for that fiscal 

7 year submitted pursuant to section 1105 of title 31, 

8 United States Code, reduced by the amount re9 quested in such President’s budget for payments de10 scribed in section 9505(c)(3) of the Internal Rev11 enue Code of 1986. 

12 (3) TOTAL BUDGET RESOURCES.—The term 

13 ‘‘total budget resources’’ means the total amount 

14 made available by appropriations Acts from the Har15 bor Maintenance Trust Fund for a fiscal year for 

16 making expenditures under section 9505(c)(1) of the 

17 Internal Revenue Code of 1986. 

18 TITLE V—COAL COMBUSTION 

19 RESIDUALS 

20 SEC. 501. HIGHWAY AND INFRASTRUCTURE SAFETY 

21 THROUGH THE PROTECTION OF COAL COM22 BUSTION RESIDUAL RECYCLING. 

23 (a) IN GENERAL.—Subtitle D of the Solid Waste Dis24 posal Act (42 U.S.C. 6941 et seq.) is amended by adding 

25 at the end the following new section: 


rfrederick on DSK6VPTVN1PROD with BILLS
38 

HR 4348 RDS

1 ‘‘SEC. 4011. MANAGEMENT AND DISPOSAL OF COAL COM2 BUSTION RESIDUALS. 

3 ‘‘(a) STATE PERMIT PROGRAMS FOR COAL COMBUS4 TION RESIDUALS.—Each State may adopt and implement 

5 a coal combustion residuals permit program. 

6 ‘‘(b) STATE ACTIONS.— 

7 ‘‘(1) NOTIFICATION.—Not later than 6 months 

8 after the date of enactment of this section (except 

9 as provided by the deadline identified under sub10 section (d)(2)(B)), the Governor of each State shall 

11 notify the Administrator, in writing, whether such 

12 State will adopt and implement a coal combustion 

13 residuals permit program. 

14 ‘‘(2) CERTIFICATION.— 

15 ‘‘(A) IN GENERAL.—Not later than 36 

16 months after the date of enactment of this sec17 tion (except as provided in subsections (f)(1)(A) 

18 and (f)(1)(C)), in the case of a State that has 

19 notified the Administrator that it will imple20 ment a coal combustion residuals permit pro21 gram, the head of the lead State agency respon22 sible for implementing the coal combustion re23 siduals permit program shall submit to the Ad24 ministrator a certification that such coal com25 bustion residuals permit program meets the 

26 specifications described in subsection (c)(1). 


rfrederick on DSK6VPTVN1PROD with BILLS
39 

HR 4348 RDS

1 ‘‘(B) CONTENTS.—A certification sub2 mitted under this paragraph shall include— 

3 ‘‘(i) a letter identifying the lead State 

4 agency responsible for implementing the 

5 coal combustion residuals permit program, 

6 signed by the head of such agency; 

7 ‘‘(ii) identification of any other State 

8 agencies involved with the implementation 

9 of the coal combustion residuals permit 

10 program; 

11 ‘‘(iii) a narrative description that pro12 vides an explanation of how the State will 

13 ensure that the coal combustion residuals 

14 permit program meets the requirements of 

15 this section, including a description of the 

16 State’s— 

17 ‘‘(I) process to inspect or other18 wise determine compliance with such 

19 permit program; 

20 ‘‘(II) process to enforce the re21 quirements of such permit program; 

22 and 

23 ‘‘(III) public participation proc24 ess for the promulgation, amendment, 

25 or repeal of regulations for, and the 


rfrederick on DSK6VPTVN1PROD with BILLS
40 

HR 4348 RDS

1 issuance of permits under, such per2 mit program; 

3 ‘‘(iv) a legal certification that the 

4 State has, at the time of certification, fully 

5 effective statutes or regulations necessary 

6 to implement a coal combustion residuals 

7 permit program that meets the specifica8 tions described in subsection (c)(1); and 

9 ‘‘(v) copies of State statutes and regu10 lations described in clause (iv). 

11 ‘‘(3) MAINTENANCE OF 4005(C) OR 3006 PRO12 GRAM.—In order to adopt or implement a coal com13 bustion residuals permit program under this section 

14 (including pursuant to subsection (f)), the State 

15 agency responsible for implementing a coal combus16 tion residuals permit program in a State shall main17 tain an approved program under section 4005(c) or 

18 an authorized program under section 3006. 

19 ‘‘(c) PERMIT PROGRAM SPECIFICATIONS.— 

20 ‘‘(1) MINIMUM REQUIREMENTS.—The specifica21 tions described in this subsection for a coal combus22 tion residuals permit program are as follows: 

23 ‘‘(A) The revised criteria described in 

24 paragraph (2) shall apply to a coal combustion 


rfrederick on DSK6VPTVN1PROD with BILLS
41 

HR 4348 RDS

1 residuals permit program, except as provided in 

2 paragraph (3). 

3 ‘‘(B) Each structure shall be, in accord4 ance with generally accepted engineering stand5 ards for the structural integrity of such struc6 tures, designed, constructed, and maintained to 

7 provide for containment of the maximum vol8 umes of coal combustion residuals appropriate 

9 for the structure. If a structure is determined 

10 by the head of the agency responsible for imple11 menting the coal combustion residuals permit 

12 program to be deficient, the head of such agen13 cy has authority to require action to correct the 

14 deficiency according to a schedule determined 

15 by such agency. If the identified deficiency is 

16 not corrected according to such schedule, the 

17 head of such agency has authority to require 

18 that the structure close in accordance with sub19 section (h). 

20 ‘‘(C) The coal combustion residuals permit 

21 program shall apply the revised criteria promul22 gated pursuant to section 4010(c) for location, 

23 design, groundwater monitoring, corrective ac24 tion, financial assurance, closure, and post-clo25 sure described in paragraph (2) and the speciVerDate Mar 15 2010 02:45 Apr 25, 2012 Jkt 019200 PO 00000 Frm 00041 Fmt 6652 Sfmt 6201 E:\BILLS\H4348.RDS H4348

rfrederick on DSK6VPTVN1PROD with BILLS
42 

HR 4348 RDS

1 fications described in this paragraph to surface 

2 impoundments. 

3 ‘‘(D) If a structure that is classified as 

4 posing a high hazard potential pursuant to the 

5 guidelines published by the Federal Emergency 

6 Management Agency entitled ‘Federal Guide7 lines for Dam Safety: Hazard Potential Classi8 fication System for Dams’ (FEMA Publication 

9 Number 333) is determined by the head of the 

10 agency responsible for implementing the coal 

11 combustion residuals permit program to be defi12 cient with respect to the structural integrity re13 quirement in subparagraph (B), the head of 

14 such agency has authority to require action to 

15 correct the deficiency according to a schedule 

16 determined by such agency. If the identified de17 ficiency is not corrected according to such 

18 schedule, the head of such agency has authority 

19 to require that the structure close in accordance 

20 with subsection (h). 

21 ‘‘(E) New structures that first receive coal 

22 combustion residuals after the date of enact23 ment of this section shall be constructed with a 

24 base located a minimum of two feet above the 

25 upper limit of the natural water table. 


rfrederick on DSK6VPTVN1PROD with BILLS
43 

HR 4348 RDS

1 ‘‘(F) In the case of a coal combustion re2 siduals permit program implemented by a 

3 State, the State has the authority to inspect 

4 structures and implement and enforce such per5 mit program. 

6 ‘‘(G) In the case of a coal combustion re7 siduals permit program implemented by a 

8 State, the State has the authority to address 

9 wind dispersal of dust from coal combustion re10 siduals by requiring dust control measures, as 

11 determined appropriate by the head of the lead 

12 State agency responsible for implementing the 

13 coal combustion residuals permit program. 

14 ‘‘(2) REVISED CRITERIA.—The revised criteria 

15 described in this paragraph are— 

16 ‘‘(A) the revised criteria for design, 

17 groundwater monitoring, corrective action, clo18 sure, and post-closure, for structures, includ19 ing— 

20 ‘‘(i) for new structures, and lateral ex21 pansions of existing structures, that first 

22 receive coal combustion residuals after the 

23 date of enactment of this section, the re24 vised criteria regarding design requireVerDate Mar 15 2010 02:45 Apr 25, 2012 Jkt 019200 PO 00000 Frm 00043 Fmt 6652 Sfmt 6201 E:\BILLS\H4348.RDS H4348

rfrederick on DSK6VPTVN1PROD with BILLS
44 

HR 4348 RDS

1 ments described in section 258.40 of title 

2 40, Code of Federal Regulations; and 

3 ‘‘(ii) for all structures that receive 

4 coal combustion residuals after the date of 

5 enactment of this section, the revised cri6 teria regarding groundwater monitoring 

7 and corrective action requirements de8 scribed in subpart E of part 258 of title 

9 40, Code of Federal Regulations, except 

10 that, for the purposes of this paragraph, 

11 such revised criteria shall also include— 

12 ‘‘(I) for the purposes of detection 

13 monitoring, the constituents boron, 

14 chloride, conductivity, fluoride, mer15 cury, pH, sulfate, sulfide, and total 

16 dissolved solids; and 

17 ‘‘(II) for the purposes of assess18 ment monitoring, the constituents alu19 minum, boron, chloride, fluoride, iron, 

20 manganese, molybdenum, pH, sulfate, 

21 and total dissolved solids; 

22 ‘‘(B) the revised criteria for location re23 strictions described in— 

24 ‘‘(i) for new structures, and lateral ex25 pansions of existing structures, that first 


rfrederick on DSK6VPTVN1PROD with BILLS
45 

HR 4348 RDS

1 receive coal combustion residuals after the 

2 date of enactment of this section, sections 

3 258.11 through 258.15 of title 40, Code of 

4 Federal Regulations; and 

5 ‘‘(ii) for existing structures that re6 ceive coal combustion residuals after the 

7 date of enactment of this section, sections 

8 258.11 and 258.15 of title 40, Code of 

9 Federal Regulations; 

10 ‘‘(C) for all structures that receive coal 

11 combustion residuals after the date of enact12 ment of this section, the revised criteria for air 

13 quality described in section 258.24 of title 40, 

14 Code of Federal Regulations; 

15 ‘‘(D) for all structures that receive coal 

16 combustion residuals after the date of enact17 ment of this section, the revised criteria for fi18 nancial assurance described in subpart G of 

19 part 258 of title 40, Code of Federal Regula20 tions; 

21 ‘‘(E) for all structures that receive coal 

22 combustion residuals after the date of enact23 ment of this section, the revised criteria for sur24 face water described in section 258.27 of title 

25 40, Code of Federal Regulations; 


rfrederick on DSK6VPTVN1PROD with BILLS
46 

HR 4348 RDS

1 ‘‘(F) for all structures that receive coal 

2 combustion residuals after the date of enact3 ment of this section, the revised criteria for rec4 ordkeeping described in section 258.29 of title 

5 40, Code of Federal Regulations; 

6 ‘‘(G) for landfills and other land-based 

7 units, other than surface impoundments, that 

8 receive coal combustion residuals after the date 

9 of enactment of this section, the revised criteria 

10 for run-on and run-off control systems de11 scribed in section 258.26 of title 40, Code of 

12 Federal Regulations; and 

13 ‘‘(H) for surface impoundments that re14 ceive coal combustion residuals after the date of 

15 enactment of this section, the revised criteria 

16 for run-off control systems described in section 

17 258.26(a)(2) of title 40, Code of Federal Regu18 lations. 

19 ‘‘(3) APPLICABILITY OF CERTAIN REQUIRE20 MENTS.—A State may determine that one or more 

21 of the requirements of the revised criteria described 

22 in paragraph (2) is not needed for the management 

23 of coal combustion residuals in that State, and may 

24 decline to apply such requirement as part of its coal 

25 combustion residuals permit program. If a State deVerDate Mar 15 2010 02:45 Apr 25, 2012 Jkt 019200 PO 00000 Frm 00046 Fmt 6652 Sfmt 6201 E:\BILLS\H4348.RDS H4348

rfrederick on DSK6VPTVN1PROD with BILLS
47 

HR 4348 RDS

1 clines to apply a requirement under this paragraph, 

2 the State shall include in the certification under sub3 section (b)(2) a description of such requirement and 

4 the reasons such requirement is not needed in the 

5 State. If the Administrator determines that a State 

6 determination under this paragraph does not accu7 rately reflect the needs for the management of coal 

8 combustion residuals in the State, the Administrator 

9 may treat such State determination as a deficiency 

10 under subsection (d). 

11 ‘‘(d) WRITTEN NOTICE AND OPPORTUNITY TO REM12 EDY.— 

13 ‘‘(1) IN GENERAL.—The Administrator shall 

14 provide to a State written notice and an opportunity 

15 to remedy deficiencies in accordance with paragraph 

16 (2) if at any time the State— 

17 ‘‘(A) does not satisfy the notification re18 quirement under subsection (b)(1); 

19 ‘‘(B) has not submitted a certification 

20 under subsection (b)(2); 

21 ‘‘(C) does not satisfy the maintenance re22 quirement under subsection (b)(3); or 

23 ‘‘(D) is not implementing a coal combus24 tion residuals permit program that meets the 

25 specifications described in subsection (c)(1). 


rfrederick on DSK6VPTVN1PROD with BILLS
48 

HR 4348 RDS

1 ‘‘(2) CONTENTS OF NOTICE; DEADLINE FOR RE2 SPONSE.—A notice provided under this subsection 

3 shall— 

4 ‘‘(A) include findings of the Administrator 

5 detailing any applicable deficiencies in— 

6 ‘‘(i) compliance by the State with the 

7 notification requirement under subsection 

8 (b)(1); 

9 ‘‘(ii) compliance by the State with the 

10 certification requirement under subsection 

11 (b)(2); 

12 ‘‘(iii) compliance by the State with the 

13 maintenance requirement under subsection 

14 (b)(3); and 

15 ‘‘(iv) the State coal combustion re16 siduals permit program in meeting the 

17 specifications described in subsection 

18 (c)(1); and 

19 ‘‘(B) identify, in collaboration with the 

20 State, a reasonable deadline, which shall be not 

21 sooner than 6 months after the State receives 

22 the notice, by which the State shall remedy the 

23 deficiencies detailed under subparagraph (A). 

24 ‘‘(e) IMPLEMENTATION BY ADMINISTRATOR.— 


rfrederick on DSK6VPTVN1PROD with BILLS
49 

HR 4348 RDS

1 ‘‘(1) IN GENERAL.—The Administrator shall 

2 implement a coal combustion residuals permit pro3 gram for a State only in the following cir4 cumstances: 

5 ‘‘(A) If the Governor of such State notifies 

6 the Administrator under subsection (b)(1) that 

7 such State will not adopt and implement such 

8 a permit program. 

9 ‘‘(B) If such State has received a notice 

10 under subsection (d) and, after any review 

11 brought by the State under section 7006, fails, 

12 by the deadline identified in such notice under 

13 subsection (d)(2)(B), to remedy the deficiencies 

14 detailed in such notice under subsection 

15 (d)(2)(A). 

16 ‘‘(C) If such State informs the Adminis17 trator, in writing, that such State will no longer 

18 implement such a permit program. 

19 ‘‘(2) REQUIREMENTS.—If the Administrator 

20 implements a coal combustion residuals permit pro21 gram for a State under paragraph (1), such permit 

22 program shall consist of the specifications described 

23 in subsection (c)(1). 

24 ‘‘(3) ENFORCEMENT.—If the Administrator im25 plements a coal combustion residuals permit proVerDate Mar 15 2010 02:45 Apr 25, 2012 Jkt 019200 PO 00000 Frm 00049 Fmt 6652 Sfmt 6201 E:\BILLS\H4348.RDS H4348

rfrederick on DSK6VPTVN1PROD with BILLS
50 

HR 4348 RDS

1 gram for a State under paragraph (1), the authori2 ties referred to in section 4005(c)(2)(A) shall apply 

3 with respect to coal combustion residuals and struc4 tures and the Administrator may use such authori5 ties to inspect, gather information, and enforce the 

6 requirements of this section in the State. 

7 ‘‘(f) STATE CONTROL AFTER IMPLEMENTATION BY

8 ADMINISTRATOR.— 

9 ‘‘(1) STATE CONTROL.— 

10 ‘‘(A) NEW ADOPTION AND IMPLEMENTA11 TION BY STATE.—For a State for which the 

12 Administrator is implementing a coal combus13 tion residuals permit program under subsection 

14 (e)(1)(A), the State may adopt and implement 

15 such a permit program by— 

16 ‘‘(i) notifying the Administrator that 

17 the State will adopt and implement such a 

18 permit program; 

19 ‘‘(ii) not later than 6 months after the 

20 date of such notification, submitting to the 

21 Administrator a certification under sub22 section (b)(2); and 

23 ‘‘(iii) receiving from the Adminis24 trator— 


rfrederick on DSK6VPTVN1PROD with BILLS
51 

HR 4348 RDS

1 ‘‘(I) a determination that the 

2 State coal combustion residuals per3 mit program meets the specifications 

4 described in subsection (c)(1); and 

5 ‘‘(II) a timeline for transition of 

6 control of the coal combustion residu7 als permit program. 

8 ‘‘(B) REMEDYING DEFICIENT PERMIT PRO9 GRAM.—For a State for which the Adminis10 trator is implementing a coal combustion re11 siduals permit program under subsection 

12 (e)(1)(B), the State may adopt and implement 

13 such a permit program by— 

14 ‘‘(i) remedying the deficiencies de15 tailed in the notice provided under sub16 section (d)(2)(A); and 

17 ‘‘(ii) receiving from the Adminis18 trator— 

19 ‘‘(I) a determination that the de20 ficiencies detailed in such notice have 

21 been remedied; and 

22 ‘‘(II) a timeline for transition of 

23 control of the coal combustion residu24 als permit program. 


rfrederick on DSK6VPTVN1PROD with BILLS
52 

HR 4348 RDS

1 ‘‘(C) RESUMPTION OF IMPLEMENTATION

2 BY STATE.—For a State for which the Adminis3 trator is implementing a coal combustion re4 siduals permit program under subsection 

5 (e)(1)(C), the State may adopt and implement 

6 such a permit program by— 

7 ‘‘(i) notifying the Administrator that 

8 the State will adopt and implement such a 

9 permit program; 

10 ‘‘(ii) not later than 6 months after the 

11 date of such notification, submitting to the 

12 Administrator a certification under sub13 section (b)(2); and 

14 ‘‘(iii) receiving from the Adminis15 trator— 

16 ‘‘(I) a determination that the 

17 State coal combustion residuals per18 mit program meets the specifications 

19 described in subsection (c)(1); and 

20 ‘‘(II) a timeline for transition of 

21 control of the coal combustion residu22 als permit program. 

23 ‘‘(2) REVIEW OF DETERMINATION.— 

24 ‘‘(A) DETERMINATION REQUIRED.—The 

25 Administrator shall make a determination 


rfrederick on DSK6VPTVN1PROD with BILLS
53 

HR 4348 RDS

1 under paragraph (1) not later than 90 days 

2 after the date on which the State submits a cer3 tification under paragraph (1)(A)(ii) or 

4 (1)(C)(ii), or notifies the Administrator that the 

5 deficiencies have been remedied pursuant to 

6 paragraph (1)(B)(i), as applicable. 

7 ‘‘(B) REVIEW.—A State may obtain a re8 view of a determination by the Administrator 

9 under paragraph (1) as if such determination 

10 was a final regulation for purposes of section 

11 7006. 

12 ‘‘(3) IMPLEMENTATION DURING TRANSITION.— 

13 ‘‘(A) EFFECT ON ACTIONS AND ORDERS.— 

14 Actions taken or orders issued pursuant to a 

15 coal combustion residuals permit program shall 

16 remain in effect if— 

17 ‘‘(i) a State takes control of its coal 

18 combustion residuals permit program from 

19 the Administrator under paragraph (1); or 

20 ‘‘(ii) the Administrator takes control 

21 of a coal combustion residuals permit pro22 gram from a State under subsection (e). 

23 ‘‘(B) CHANGE IN REQUIREMENTS.—Sub24 paragraph (A) shall apply to such actions and 

25 orders until such time as the Administrator or 


rfrederick on DSK6VPTVN1PROD with BILLS
54 

HR 4348 RDS

1 the head of the lead State agency responsible 

2 for implementing the coal combustion residuals 

3 permit program, as applicable— 

4 ‘‘(i) implements changes to the re5 quirements of the coal combustion residu6 als permit program with respect to the 

7 basis for the action or order; or 

8 ‘‘(ii) certifies the completion of a cor9 rective action that is the subject of the ac10 tion or order. 

11 ‘‘(4) SINGLE PERMIT PROGRAM.—If a State 

12 adopts and implements a coal combustion residuals 

13 permit program under this subsection, the Adminis14 trator shall cease to implement the permit program 

15 implemented under subsection (e) for such State. 

16 ‘‘(g) EFFECT ON DETERMINATION UNDER 4005(C) 

17 OR 3006.—The Administrator shall not consider the im18 plementation of a coal combustion residuals permit pro19 gram by the Administrator under subsection (e) in making 

20 a determination of approval for a permit program or other 

21 system of prior approval and conditions under section 

22 4005(c) or of authorization for a program under section 

23 3006. 

24 ‘‘(h) CLOSURE.—If it is determined, pursuant to a 

25 coal combustion residuals permit program, that a strucVerDate Mar 15 2010 02:45 Apr 25, 2012 Jkt 019200 PO 00000 Frm 00054 Fmt 6652 Sfmt 6201 E:\BILLS\H4348.RDS H4348

rfrederick on DSK6VPTVN1PROD with BILLS
55 

HR 4348 RDS

1 ture should close, the time period and method for the clo2 sure of such structure shall be set forth in a closure plan 

3 that establishes a deadline for completion and that takes 

4 into account the nature and the site-specific characteris5 tics of the structure to be closed. In the case of a surface 

6 impoundment, the closure plan shall require, at a min7 imum, the removal of liquid and the stabilization of re8 maining waste, as necessary to support the final cover. 

9 ‘‘(i) AUTHORITY.— 

10 ‘‘(1) STATE AUTHORITY.—Nothing in this sec11 tion shall preclude or deny any right of any State to 

12 adopt or enforce any regulation or requirement re13 specting coal combustion residuals that is more 

14 stringent or broader in scope than a regulation or 

15 requirement under this section. 

16 ‘‘(2) AUTHORITY OF THE ADMINISTRATOR.— 

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

18 subsection (e) of this section and section 6005 

19 of this title, the Administrator shall, with re20 spect to the regulation of coal combustion re21 siduals, defer to the States pursuant to this sec22 tion. 

23 ‘‘(B) IMMINENT HAZARD.—Nothing in this 

24 section shall be construed to affect the authorVerDate Mar 15 2010 02:45 Apr 25, 2012 Jkt 019200 PO 00000 Frm 00055 Fmt 6652 Sfmt 6201 E:\BILLS\H4348.RDS H4348

rfrederick on DSK6VPTVN1PROD with BILLS
56 

HR 4348 RDS

1 ity of the Administrator under section 7003 

2 with respect to coal combustion residuals. 

3 ‘‘(C) TECHNICAL AND ENFORCEMENT AS4 SISTANCE ONLY UPON REQUEST.—Upon re5 quest from the head of a lead State agency that 

6 is implementing a coal combustion residuals 

7 permit program, the Administrator may provide 

8 to such State agency only the technical or en9 forcement assistance requested. 

10 ‘‘(3) CITIZEN SUITS.—Nothing in this section 

11 shall be construed to affect the authority of a person 

12 to commence a civil action in accordance with sec13 tion 7002. 

14 ‘‘(j) MINE RECLAMATION ACTIVITIES.—A coal com15 bustion residuals permit program implemented under sub16 section (e) by the Administrator shall not apply to the uti17 lization, placement, and storage of coal combustion residu18 als at surface mining and reclamation operations. 

19 ‘‘(k) DEFINITIONS.—In this section: 

20 ‘‘(1) COAL COMBUSTION RESIDUALS.—The 

21 term ‘coal combustion residuals’ means— 

22 ‘‘(A) the solid wastes listed in section 

23 3001(b)(3)(A)(i), including recoverable mate24 rials from such wastes; 


rfrederick on DSK6VPTVN1PROD with BILLS
57 

HR 4348 RDS

1 ‘‘(B) coal combustion wastes that are co2 managed with wastes produced in conjunction 

3 with the combustion of coal, provided that such 

4 wastes are not segregated and disposed of sepa5 rately from the coal combustion wastes and 

6 comprise a relatively small proportion of the 

7 total wastes being disposed in the structure; 

8 ‘‘(C) fluidized bed combustion wastes; 

9 ‘‘(D) wastes from the co-burning of coal 

10 with non-hazardous secondary materials pro11 vided that coal makes up at least 50 percent of 

12 the total fuel burned; and 

13 ‘‘(E) wastes from the co-burning of coal 

14 with materials described in subparagraph (A) 

15 that are recovered from monofills. 

16 ‘‘(2) COAL COMBUSTION RESIDUALS PERMIT

17 PROGRAM.—The term ‘coal combustion residuals 

18 permit program’ means a permit program or other 

19 system of prior approval and conditions that is 

20 adopted by or for a State for the management and 

21 disposal of coal combustion residuals to the extent 

22 such activities occur in structures in such State. 

23 ‘‘(3) STRUCTURE.—The term ‘structure’ means 

24 a landfill, surface impoundment, or other land-based 

25 unit which may receive coal combustion residuals. 


rfrederick on DSK6VPTVN1PROD with BILLS
58 

HR 4348 RDS

1 ‘‘(4) REVISED CRITERIA.—The term ‘revised 

2 criteria’ means the criteria promulgated for munic3 ipal solid waste landfill units under section 4004(a) 

4 and under section 1008(a)(3), as revised under sec5 tion 4010(c) in accordance with the requirement of 

6 such section that the criteria protect human health 

7 and the environment.’’. 

8 (b) 2000 REGULATORY DETERMINATION.—Nothing 

9 in this section, or the amendments made by this section, 

10 shall be construed to alter in any manner the Environ11 mental Protection Agency’s regulatory determination enti12 tled ‘‘Notice of Regulatory Determination on Wastes from 

13 the Combustion of Fossil Fuels’’, published at 65 Fed. 

14 Reg. 32214 (May 22, 2000), that the fossil fuel combus15 tion wastes addressed in that determination do not war16 rant regulation under subtitle C of the Solid Waste Dis17 posal Act (42 U.S.C. 6921 et seq.). 

18 (c) CONFORMING AMENDMENT.—The table of con19 tents contained in section 1001 of the Solid Waste Dis20 posal Act is amended by inserting after the item relating 

21 to section 4010 the following: 

‘‘Sec. 4011. Management and disposal of coal combustion residuals.’’. 


rfrederick on DSK6VPTVN1PROD with BILLS
59 

HR 4348 RDS

1 TITLE VI—ENVIRONMENTAL 

2 STREAMLINING 

3 SEC. 601. AMENDMENTS TO TITLE 23, UNITED STATES 

4 CODE. 

5 Except as otherwise expressly provided, whenever in 

6 this title an amendment or repeal is expressed in terms 

7 of an amendment to, or a repeal of, a section or other 

8 provision, the reference shall be considered to be made to 

9 a section or other provision of title 23, United States 

10 Code. 

11 SEC. 602. DECLARATION OF POLICY. 

12 (a) EXPEDITED PROJECT DELIVERY.—Section 

13 101(b) is amended by adding at the end the following: 

14 ‘‘(4) EXPEDITED PROJECT DELIVERY.—Con15 gress declares that it is in the national interest to 

16 expedite the delivery of surface transportation 

17 projects by substantially reducing the average length 

18 of the environmental review process. Accordingly, it 

19 is the policy of the United States that— 

20 ‘‘(A) the Secretary shall have the lead role 

21 among Federal agencies in carrying out the en22 vironmental review process for surface transpor23 tation projects; 

24 ‘‘(B) each Federal agency shall cooperate 

25 with the Secretary to expedite the environVerDate Mar 15 2010 02:45 Apr 25, 2012 Jkt 019200 PO 00000 Frm 00059 Fmt 6652 Sfmt 6201 E:\BILLS\H4348.RDS H4348

rfrederick on DSK6VPTVN1PROD with BILLS
60 

HR 4348 RDS

1 mental review process for surface transpor2 tation projects; 

3 ‘‘(C) there shall be a presumption that the 

4 mode, facility type, and corridor location for a 

5 surface transportation project will be deter6 mined in the transportation planning process, 

7 as established in sections 134 and 135 and sec8 tions 5303 and 5304 of title 49; 

9 ‘‘(D) project sponsors shall not be prohib10 ited from carrying out pre-construction project 

11 development activities concurrently with the en12 vironmental review process; 

13 ‘‘(E) programmatic approaches shall be 

14 used, to the maximum extent possible, to reduce 

15 the need for project-by-project reviews and deci16 sions by Federal agencies; and 

17 ‘‘(F) the Secretary shall actively support 

18 increased opportunities for project sponsors to 

19 assume responsibilities of the Secretary in car20 rying out the environmental review process.’’. 

21 SEC. 603. EXEMPTION IN EMERGENCIES. 

22 If any road, highway, or bridge is in operation or 

23 under construction when damaged by an emergency de24 clared by the Governor of the State and concurred in by 

25 the Secretary, or declared by the President pursuant to 


rfrederick on DSK6VPTVN1PROD with BILLS
61 

HR 4348 RDS

1 the Robert T. Stafford Disaster Relief and Emergency As2 sistance Act (42 U.S.C. 5121), and is reconstructed in the 

3 same location with the same capacity, dimensions, and de4 sign as before the emergency, then that reconstruction 

5 project shall be exempt from any further environmental 

6 reviews, approvals, licensing, and permit requirements 

7 under— 

8 (1) the National Environmental Policy Act of 

9 1969 (42 U.S.C. 4321 et seq.); 

10 (2) sections 402 and 404 of the Federal Water 

11 Pollution Control Act (33 U.S.C. 1342, 1344); 

12 (3) the National Historic Preservation Act (16 

13 U.S.C. 470 et seq.); 

14 (4) the Migratory Bird Treaty Act (16 U.S.C. 

15 703 et seq.); 

16 (5) the Wild and Scenic Rivers Act (16 U.S.C. 

17 1271 et seq.); 

18 (6) the Fish and Wildlife Coordination Act (16 

19 U.S.C. 661 et seq.); 

20 (7) the Endangered Species Act of 1973 (16 

21 U.S.C. 1531 et seq.), except when the reconstruction 

22 occurs in designated critical habitat for threatened 

23 and endangered species; 


rfrederick on DSK6VPTVN1PROD with BILLS
62 

HR 4348 RDS

1 (8) Executive Order No. 11990 (42 U.S.C. 

2 4321 note; relating to the protection of wetlands); 

3 and 

4 (9) any Federal law (including regulations) re5 quiring no net loss of wetlands. 

6 SEC. 604. ADVANCE ACQUISITION OF REAL PROPERTY IN7 TERESTS. 

8 (a) REAL PROPERTY INTERESTS.—Section 108 is 

9 amended— 

10 (1) by striking ‘‘real property’’ each place it ap11 pears and inserting ‘‘real property interests’’; 

12 (2) by striking ‘‘right-of-way’’ each place it ap13 pears and inserting ‘‘real property interest’’; and 

14 (3) by striking ‘‘rights-of-way’’ each place it ap15 pears and inserting ‘‘real property interests’’. 

16 (b) STATE-FUNDED EARLY ACQUISITION OF REAL

17 PROPERTY INTERESTS.—Section 108(c) is amended— 

18 (1) in the subsection heading by striking 

19 ‘‘EARLY ACQUISITION OF RIGHTS-OF-WAY’’ and in20 serting ‘‘STATE-FUNDED EARLY ACQUISITION OF

21 REAL PROPERTY INTERESTS’’; 

22 (2) by redesignating paragraphs (1) and (2) as 

23 paragraphs (2) and (3), respectively; 

24 (3) in paragraph (2), as redesignated— 


rfrederick on DSK6VPTVN1PROD with BILLS
63 

HR 4348 RDS

1 (A) in the heading by striking ‘‘GENERAL

2 RULE’’ and inserting ‘‘ELIGIBILITY FOR REIM3 BURSEMENT’’; and 

4 (B) by striking ‘‘Subject to paragraph (2)’’ 

5 and inserting ‘‘Subject to paragraph (3)’’; 

6 (4) by inserting before paragraph (2), as redes7 ignated, the following: 

8 ‘‘(1) IN GENERAL.—A State may carry out, at 

9 the expense of the State, acquisitions of interests in 

10 real property for a project before completion of the 

11 review process required for the project under the 

12 National Environmental Policy Act of 1969 (42 

13 U.S.C. 4321 et seq.) without affecting subsequent 

14 approvals required for the project by the State or 

15 any Federal agency.’’; and 

16 (5) in paragraph (3), as redesignated— 

17 (A) in the matter preceding subparagraph 

18 (A) by striking ‘‘in paragraph (1)’’ and insert19 ing ‘‘in paragraph (2)’’; and 

20 (B) in subparagraph (G) by striking ‘‘both 

21 the Secretary and the Administrator of the En22 vironmental Protection Agency have concurred’’ 

23 and inserting ‘‘the Secretary has determined’’. 


rfrederick on DSK6VPTVN1PROD with BILLS
64 

HR 4348 RDS

1 (c) FEDERALLY FUNDED ACQUISITION OF REAL

2 PROPERTY INTERESTS.—Section 108 is further amended 

3 by adding at the end the following: 

4 ‘‘(d) FEDERALLY FUNDED EARLY ACQUISITION OF

5 REAL PROPERTY INTERESTS.— 

6 ‘‘(1) IN GENERAL.—The Secretary may author7 ize the use of Federal funds for the acquisition of 

8 a real property interest by a State. For purposes of 

9 this subsection, an acquisition of a real property in10 terest includes the acquisition of any interest in 

11 land, including the acquisition of a contractual right 

12 to acquire any interest in land, or any other similar 

13 action to acquire or preserve rights-of-way for a 

14 transportation facility. 

15 ‘‘(2) STATE CERTIFICATION.—A State request16 ing Federal funding for an acquisition of a real 

17 property interest shall certify in writing that— 

18 ‘‘(A) the State has authority to acquire the 

19 real property interest under State law; 

20 ‘‘(B) the acquisition of the real property 

21 interest is for a transportation purpose; and 

22 ‘‘(C) the State acknowledges that early ac23 quisition will not be considered by the Secretary 

24 in the environmental assessment of a project, 

25 the decision relative to the need to construct a 


rfrederick on DSK6VPTVN1PROD with BILLS
65 

HR 4348 RDS

1 project, or the selection of a project design or 

2 location. 

3 ‘‘(3) ENVIRONMENTAL COMPLIANCE.—Before 

4 authorizing Federal funding for an acquisition of a 

5 real property interest, the Secretary shall complete 

6 for the acquisition the review process under the Na7 tional Environmental Policy Act of 1969 (42 U.S.C. 

8 4321 et seq.). For purposes of the review process, 

9 the acquisition of a real property interest shall be 

10 treated as having independent utility and does not 

11 limit consideration of alternatives for future trans12 portation improvements with respect to the real 

13 property interest. 

14 ‘‘(4) PROGRAMMING.—The acquisition of a real 

15 property interest for which Federal funding is re16 quested shall be included as a project in an applica17 ble transportation improvement program under sec18 tions 134 and 135 and sections 5303 and 5304 of 

19 title 49. The acquisition project may be included in 

20 the transportation improvement program on its own, 

21 without including the future construction project for 

22 which the real property interest is being acquired. 

23 The acquisition project may consist of the acquisi24 tion of a specific parcel, a portion of a transpor25 tation corridor, or an entire transportation corridor. 


rfrederick on DSK6VPTVN1PROD with BILLS
66 

HR 4348 RDS

1 ‘‘(5) OTHER REQUIREMENTS.—The acquisition 

2 of a real property interest shall be carried out in 

3 compliance with all requirements applicable to the 

4 acquisition of real property interests for federally 

5 funded transportation projects. 

6 ‘‘(e) CONSIDERATION OF LONG-RANGE TRANSPOR7 TATION NEEDS.—The Secretary shall encourage States 

8 and other public authorities, if practicable, to acquire 

9 transportation real property interests that are sufficient 

10 to accommodate long-range transportation needs and, if 

11 possible, to do so through the acquisition of broad real 

12 property interests that have the capacity for expansion 

13 over a 50- to 100-year period and the potential to accom14 modate one or more transportation modes.’’. 

15 SEC. 605. STANDARDS. 

16 Section 109 is amended by adding at the end the fol17 lowing: 

18 ‘‘(r) UNDERTAKING DESIGN ACTIVITIES BEFORE

19 COMPLETION OF ENVIRONMENTAL REVIEW PROCESS.— 

20 ‘‘(1) IN GENERAL.—A State may carry out, at 

21 the expense of the State, design activities at any 

22 level of detail for a project before completion of the 

23 review process required for the project under the 

24 National Environmental Policy Act of 1969 (42 


rfrederick on DSK6VPTVN1PROD with BILLS
67 

HR 4348 RDS

1 U.S.C. 4321 et seq.) without affecting subsequent 

2 approvals of the project. 

3 ‘‘(2) ELIGIBILITY FOR REIMBURSEMENT.—Sub4 ject to paragraph (3), funds apportioned to a State 

5 under this title may be used to participate in the 

6 payment of costs incurred by the State for design 

7 activities, if the results of the activities are subse8 quently incorporated (in whole or in substantial 

9 part) into a project eligible for surface transpor10 tation program funds. 

11 ‘‘(3) TERMS AND CONDITIONS.—The Federal 

12 share payable of the costs described in paragraph 

13 (2) shall be eligible for reimbursement out of funds 

14 apportioned to a State under this title when the de15 sign activities are incorporated (in whole or in sub16 stantial part) into a project eligible for surface 

17 transportation program funds, if the State dem18 onstrates to the Secretary and the Secretary finds 

19 that— 

20 ‘‘(A) before the time that the cost incurred 

21 by a State is approved for Federal participa22 tion, environmental compliance pursuant to the 

23 National Environmental Policy Act of 1969 (42 

24 U.S.C. 4321 et seq.) has been completed for the 


rfrederick on DSK6VPTVN1PROD with BILLS
68 

HR 4348 RDS

1 project for which the design activities were con2 ducted by the State; and 

3 ‘‘(B) the design activities conducted pursu4 ant to this subsection did not preclude the con5 sideration of alternatives to the project.’’. 

6 SEC. 606. LETTING OF CONTRACTS. 

7 (a) BIDDING REQUIREMENTS.—Section 112(b)(1) is 

8 amended to read as follows: 

9 ‘‘(1) IN GENERAL.— 

10 ‘‘(A) COMPETITIVE BIDDING REQUIRE11 MENT.—Subject to paragraphs (2), (3), and 

12 (4), construction of each project, subject to the 

13 provisions of subsection (a), shall be performed 

14 by contract awarded by competitive bidding, un15 less the State transportation department dem16 onstrates, to the satisfaction of the Secretary, 

17 that some other method is more cost effective 

18 or that an emergency exists. 

19 ‘‘(B) BASIS OF AWARD.— 

20 ‘‘(i) IN GENERAL.—Contracts for the 

21 construction of each project shall be 

22 awarded only on the basis of the lowest re23 sponsive bid submitted by a bidder meeting 

24 established criteria of responsibility. 


rfrederick on DSK6VPTVN1PROD with BILLS
69 

HR 4348 RDS

1 ‘‘(ii) PROHIBITION.—No requirement 

2 or obligation shall be imposed as a condi3 tion precedent to the award of a contract 

4 to such bidder for a project, or to the Sec5 retary’s concurrence in the award of a con6 tract to such bidder, unless such require7 ment or obligation is otherwise lawful and 

8 is specifically set forth in the advertised 

9 specifications.’’. 

10 (b) DESIGN-BUILD CONTRACTING.—Section 

11 112(b)(3) is amended— 

12 (1) in subparagraph (A) by striking ‘‘subpara13 graph (C)’’ and inserting ‘‘subparagraph (B)’’; 

14 (2) by striking subparagraph (B); 

15 (3) by redesignating subparagraphs (C) through 

16 (E) as subparagraphs (B) through (D), respectively; 

17 and 

18 (4) in subparagraph (C), as redesignated— 

19 (A) in the matter preceding clause (i) by 

20 striking ‘‘of the SAFETEA-LU’’ and inserting 

21 ‘‘of the Surface Transportation Extension Act 

22 of 2012, Part II’’; 

23 (B) in clause (ii) by striking ‘‘and’’ at the 

24 end; 

25 (C) in clause (iii)— 


rfrederick on DSK6VPTVN1PROD with BILLS
70 

HR 4348 RDS

1 (i) by striking ‘‘final design or’’; and 

2 (ii) by striking the period at the end 

3 and inserting ‘‘; and’’; and 

4 (D) by adding at the end the following: 

5 ‘‘(iv) permit the State transportation 

6 department, the local transportation agen7 cy, and the design-build contractor to pro8 ceed, at the expense of one or more of 

9 those entities, with design activities at any 

10 level of detail for a project before comple11 tion of the review process required for the 

12 project under the National Environmental 

13 Policy Act of 1969 (42 U.S.C. 4321 et 

14 seq.) without affecting subsequent approv15 als required for the project. Design activi16 ties carried out under this clause shall be 

17 eligible for Federal reimbursement as a 

18 project expense in accordance with the re19 quirements under section 109(r).’’. 

20 (c) EFFICIENCIES IN CONTRACTING.—Section 112(b) 

21 is amended by adding at the end the following: 

22 ‘‘(4) METHOD OF CONTRACTING.— 

23 ‘‘(A) IN GENERAL.— 

24 ‘‘(i) TWO-PHASE CONTRACT.—A con25 tracting agency may award a two-phase 


rfrederick on DSK6VPTVN1PROD with BILLS
71 

HR 4348 RDS

1 contract for preconstruction and construc2 tion services. 

3 ‘‘(ii) PRE-CONSTRUCTION SERVICES

4 PHASE.—In the pre-construction services 

5 phase, the contractor shall provide the con6 tracting agency with advice for scheduling, 

7 work sequencing, cost engineering, 

8 constructability, cost estimating, and risk 

9 identification. 

10 ‘‘(iii) AGREEMENT.—Prior to the 

11 start of the construction services phase, 

12 the contracting agency and the contractor 

13 may agree to a price and other factors 

14 specified in regulation for the construction 

15 of the project or a portion of the project. 

16 ‘‘(iv) CONSTRUCTION PHASE.—If an 

17 agreement is reached under clause (iii), the 

18 contractor shall be responsible for the con19 struction of the project or portion of the 

20 project at the negotiated price and other 

21 factors specified in regulation. 

22 ‘‘(B) SELECTION.—A contract shall be 

23 awarded to a contractor using a competitive se24 lection process based on qualifications, experi25 ence, best value, or any other combination of 


rfrederick on DSK6VPTVN1PROD with BILLS
72 

HR 4348 RDS

1 factors considered appropriate by the con2 tracting agency. 

3 ‘‘(C) TIMING.— 

4 ‘‘(i) RELATIONSHIP TO NEPA PROC5 ESS.—Prior to the completion of the proc6 ess required under section 102 of the Na7 tional Environmental Policy Act of 1969 

8 (42 U.S.C. 4332), a contracting agency 

9 may— 

10 ‘‘(I) issue requests for proposals; 

11 ‘‘(II) proceed with the award of a 

12 contract for preconstruction services 

13 under subparagraph (A); and 

14 ‘‘(III) issue notices to proceed 

15 with a preliminary design and any 

16 work related to preliminary design. 

17 ‘‘(ii) PRECONSTRUCTION SERVICES

18 PHASE.—If the preconstruction services 

19 phase of a contract under subparagraph 

20 (A)(ii) focuses primarily on one alternative, 

21 the Secretary shall require that the con22 tract include appropriate provisions to 

23 achieve the objectives of section 102 of the 

24 National Environmental Policy Act of 

25 1969 (42 U.S.C. 4332) and comply with 


rfrederick on DSK6VPTVN1PROD with BILLS
73 

HR 4348 RDS

1 other applicable Federal laws and regula2 tions. 

3 ‘‘(iii) CONSTRUCTION SERVICES

4 PHASE.—A contracting agency may not 

5 proceed with the award of the construction 

6 services phase of a contract under subpara7 graph (A)(iv) and may not proceed, or per8 mit any consultant or contractor to pro9 ceed, with construction until completion of 

10 the process required under section 102 of 

11 the National Environmental Policy Act of 

12 1969 (42 U.S.C. 4332). 

13 ‘‘(iv) APPROVAL REQUIREMENT.— 

14 Prior to authorizing construction activities, 

15 the Secretary shall approve the contracting 

16 agency’s price estimate for the entire 

17 project, as well as any price agreement 

18 with the general contractor for the project 

19 or a portion of the project. 

20 ‘‘(v) DESIGN ACTIVITIES.—A con21 tracting agency may proceed, at its ex22 pense, with design activities at any level of 

23 detail for a project before completion of 

24 the review process required for the project 

25 under the National Environmental Policy 


rfrederick on DSK6VPTVN1PROD with BILLS
74 

HR 4348 RDS

1 Act of 1969 (42 U.S.C. 4321 et seq.) with2 out affecting subsequent approvals re3 quired for the project. Design activities 

4 carried out under this clause shall be eligi5 ble for Federal reimbursement as a project 

6 expense in accordance with the require7 ments under section 109(r).’’. 

8 SEC. 607. ELIMINATION OF DUPLICATION IN HISTORIC 

9 PRESERVATION REQUIREMENTS. 

10 (a) PRESERVATION OF PARKLANDS.—Section 138 is 

11 amended by adding at the end the following: 

12 ‘‘(c) ELIMINATION OF DUPLICATION FOR HISTORIC

13 SITES AND PROPERTIES.—The requirements of this sec14 tion shall be considered to be satisfied for an historic site 

15 or property where its treatment has been agreed upon in 

16 a memorandum of agreement by invited and mandatory 

17 signatories, including the Advisory Council on Historic 

18 Preservation, if participating, in accordance with section 

19 106 of the National Historic Preservation Act (16 U.S.C. 

20 470f).’’. 

21 (b) POLICY ON LANDS, WILDLIFE AND WATERFOWL

22 REFUGES, AND HISTORIC SITES.—Section 303 of title 49, 

23 United States Code, is amended by adding at the end the 

24 following: 


rfrederick on DSK6VPTVN1PROD with BILLS
75 

HR 4348 RDS

1 ‘‘(e) ELIMINATION OF DUPLICATION FOR HISTORIC

2 SITES AND PROPERTIES.—The requirements of this sec3 tion shall be considered to be satisfied for an historic site 

4 or property where its treatment has been agreed upon in 

5 a memorandum of agreement by invited and mandatory 

6 signatories, including the Advisory Council on Historic 

7 Preservation, if participating, in accordance with section 

8 106 of the National Historic Preservation Act (16 U.S.C. 

9 470f).’’. 

10 SEC. 608. FUNDING THRESHOLD. 

11 Section 139(b) is amended by adding at the end the 

12 following: 

13 ‘‘(3) FUNDING THRESHOLD.—The Secretary’s 

14 approval of a project receiving funds under this title 

15 or under chapter 53 of title 49 shall not be consid16 ered a Federal action for the purposes of the Na17 tional Environmental Policy Act of 1969 if such 

18 funds— 

19 ‘‘(A) constitute 15 percent or less of the 

20 total estimated project costs; or 

21 ‘‘(B) are less than $10,000,000.’’. 

22 SEC. 609. EFFICIENT ENVIRONMENTAL REVIEWS FOR 

23 PROJECT DECISIONMAKING. 

24 (a) FLEXIBILITY.—Section 139(b) is further amend25 ed— 


rfrederick on DSK6VPTVN1PROD with BILLS
76 

HR 4348 RDS

1 (1) in paragraph (2) by inserting ‘‘, and any re2 quirements established in this section may be satis3 fied,’’ after ‘‘exercised’’; and 

4 (2) by adding after paragraph (3), as added by 

5 this Act, the following: 

6 ‘‘(4) PROGRAMMATIC COMPLIANCE.—At the re7 quest of a State, the Secretary may modify the pro8 cedures developed under this section to encourage 

9 programmatic approaches and strategies with re10 spect to environmental programs and permits (in 

11 lieu of project-by-project reviews).’’. 

12 (b) FEDERAL LEAD AGENCY.—Section 139(c) is 

13 amended— 

14 (1) in paragraph (1) by adding at the end the 

15 following: ‘‘If the project requires approval from 

16 more than one modal administration within the De17 partment, the Secretary shall designate a single 

18 modal administration to serve as the Federal lead 

19 agency for the Department in the environmental re20 view process for the project.’’; 

21 (2) in paragraph (3) by inserting ‘‘or other ap22 provals by the Secretary’’ after ‘‘chapter 53 of title 

23 49’’; and 

24 (3) by striking paragraph (5) and inserting the 

25 following: 


rfrederick on DSK6VPTVN1PROD with BILLS
77 

HR 4348 RDS

1 ‘‘(5) ADOPTION AND USE OF DOCUMENTS.— 

2 Any environmental document prepared in accordance 

3 with this subsection shall be adopted and used by 

4 any Federal agency in making any approval of a 

5 project subject to this section as the document re6 quired to be completed under the National Environ7 mental Policy Act of 1969.’’. 

8 (c) PARTICIPATING AGENCIES.— 

9 (1) EFFECT OF DESIGNATION.—Section 

10 139(d)(4) is amended to read as follows: 

11 ‘‘(4) EFFECT OF DESIGNATION.— 

12 ‘‘(A) REQUIREMENT.—A participating 

13 agency shall comply with the requirements of 

14 this section and any schedule established under 

15 this section. 

16 ‘‘(B) IMPLICATION.—Designation as a par17 ticipating agency under this subsection shall not 

18 imply that the participating agency— 

19 ‘‘(i) supports a proposed project; or 

20 ‘‘(ii) has any jurisdiction over, or spe21 cial expertise with respect to evaluation of, 

22 the project.’’. 

23 (2) CONCURRENT REVIEWS.—Section 139(d)(7) 

24 is amended to read as follows: 


rfrederick on DSK6VPTVN1PROD with BILLS
78 

HR 4348 RDS

1 ‘‘(7) CONCURRENT REVIEWS.—Each partici2 pating agency and cooperating agency shall— 

3 ‘‘(A) carry out obligations of that agency 

4 under other applicable law concurrently, and in 

5 conjunction, with the review required under the 

6 National Environmental Policy Act of 1969 (42 

7 U.S.C. 4321 et seq.); and 

8 ‘‘(B) formulate and implement administra9 tive, policy, and procedural mechanisms to en10 able the agency to ensure completion of the en11 vironmental review process in a timely, coordi12 nated, and environmentally responsible man13 ner.’’. 

14 (d) PROJECT INITIATION.—Section 139(e) is amend15 ed by adding at the end the following: ‘‘The project spon16 sor may satisfy this requirement by submitting to the Sec17 retary a draft notice for publication in the Federal Reg18 ister announcing the preparation of an environmental im19 pact statement for the project.’’. 

20 (e) ALTERNATIVES ANALYSIS.—Section 139(f) is 

21 amended— 

22 (1) in paragraph (4)— 

23 (A) by amending subparagraph (B) to read 

24 as follows: 

25 ‘‘(B) RANGE OF ALTERNATIVES.— 


rfrederick on DSK6VPTVN1PROD with BILLS
79 

HR 4348 RDS

1 ‘‘(i) IN GENERAL.—Following partici2 pation under paragraph (1), the lead agen3 cy shall determine the range of alternatives 

4 for consideration in any document which 

5 the lead agency is responsible for pre6 paring for the project. 

7 ‘‘(ii) LIMITATION.—The range of al8 ternatives shall be limited to alternatives 

9 that are consistent with the transportation 

10 mode and general design of the project de11 scribed in the long-range transportation 

12 plan or transportation improvement pro13 gram prepared pursuant to section 134 or 

14 135 or section 5303 or 5304 of title 49. 

15 ‘‘(iii) RESTRICTION.—A Federal agen16 cy may not require the evaluation of any 

17 alternative that was evaluated, but not 

18 adopted— 

19 ‘‘(I) in any prior State or Fed20 eral environmental document with re21 gard to the applicable long-range 

22 transportation plan or transportation 

23 improvement program; or 

24 ‘‘(II) after the preparation of a 

25 programmatic or tiered environmental 


rfrederick on DSK6VPTVN1PROD with BILLS
80 

HR 4348 RDS

1 document that evaluated alternatives 

2 to the project. 

3 ‘‘(iv) LEGAL SUFFICIENCY.—The eval4 uation of the range of alternatives shall be 

5 deemed legally sufficient if the environ6 mental document complies with the re7 quirements of this paragraph.’’; 

8 (B) in subparagraph (C)— 

9 (i) by striking ‘‘(C) METHODOLO10 GIES.—The lead agency’’ and inserting the 

11 following: 

12 ‘‘(C) METHODOLOGIES.— 

13 ‘‘(i) IN GENERAL.—The lead agency’’; 

14 (ii) by striking ‘‘in collaboration with 

15 participating agencies at appropriate times 

16 during the study process’’ and inserting 

17 ‘‘after consultation with participating 

18 agencies as part of the scoping process’’; 

19 and 

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

22 ‘‘(ii) COMMENTS.—Each participating 

23 agency shall limit comments on such meth24 odologies to those issues that are within 


rfrederick on DSK6VPTVN1PROD with BILLS
81 

HR 4348 RDS

1 the authority and expertise of such partici2 pating agency. 

3 ‘‘(iii) STUDIES.—The lead agency may 

4 not conduct studies proposed by any par5 ticipating agency that are not within the 

6 authority or expertise of such participating 

7 agency.’’; and 

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

9 ‘‘(E) LIMITATIONS ON THE EVALUATION

10 OF IMPACTS EVALUATED IN PRIOR ENVIRON11 MENTAL DOCUMENTS.— 

12 ‘‘(i) IN GENERAL.—The lead agency 

13 may not reevaluate, and a Federal agency 

14 may not require the reevaluation of, cumu15 lative impacts or growth-inducing impacts 

16 where such impacts were previously evalu17 ated in— 

18 ‘‘(I) a long-range transportation 

19 plan or transportation improvement 

20 program developed pursuant to sec21 tion 134 or 135 or section 5303 or 

22 5304 of title 49; 

23 ‘‘(II) a prior environmental docu24 ment approved by the Secretary; or 


rfrederick on DSK6VPTVN1PROD with BILLS
82 

HR 4348 RDS

1 ‘‘(III) a prior State environ2 mental document approved pursuant 

3 to a State law that is substantially 

4 equivalent to section 102(2)(C) of the 

5 National Environmental Policy Act of 

6 1969 (42 U.S.C. 4332(2)(C)). 

7 ‘‘(ii) LEGAL SUFFICIENCY.—The eval8 uation of cumulative impacts and growth 

9 inducing impacts shall be deemed legally 

10 sufficient if the environmental document 

11 complies with the requirements of this 

12 paragraph.’’; and 

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

14 ‘‘(5) EFFECTIVE DECISIONMAKING.— 

15 ‘‘(A) CONCURRENCE.—At the discretion of 

16 the lead agency, a participating agency shall be 

17 presumed to concur in the determinations made 

18 by the lead agency under this subsection unless 

19 the participating agency submits an objection to 

20 the lead agency in writing within 30 days after 

21 receiving notice of the lead agency’s determina22 tion and specifies the statutory basis for the ob23 jection. 

24 ‘‘(B) ADOPTION OF DETERMINATION.—If 

25 the participating agency concurs or does not obVerDate Mar 15 2010 02:45 Apr 25, 2012 Jkt 019200 PO 00000 Frm 00082 Fmt 6652 Sfmt 6201 E:\BILLS\H4348.RDS H4348

rfrederick on DSK6VPTVN1PROD with BILLS
83 

HR 4348 RDS

1 ject within the 30-day period, the participating 

2 agency shall adopt the lead agency’s determina3 tion for purposes of any reviews, approvals, or 

4 other actions taken by the participating agency 

5 as part of the environmental review process for 

6 the project.’’. 

7 (f) COORDINATION PLAN.—Section 139(g) is amend8 ed— 

9 (1) in paragraph (1)(A) by striking ‘‘project or 

10 category of projects’’ and inserting ‘‘project, cat11 egory of projects, or program of projects’’; 

12 (2) by amending paragraph (3) to read as fol13 lows: 

14 ‘‘(3) DEADLINES FOR DECISIONS UNDER

15 OTHER LAWS.— 

16 ‘‘(A) PRIOR APPROVAL DEADLINE.—If a 

17 participating agency is required to make a de18 termination regarding or otherwise approve or 

19 disapprove the project prior to the record of de20 cision or finding of no significant impact of the 

21 lead agency, such participating agency shall 

22 make such determination or approval not later 

23 than 30 days after the lead agency publishes 

24 notice of the availability of a final environ25 mental impact statement or other final environVerDate Mar 15 2010 02:45 Apr 25, 2012 Jkt 019200 PO 00000 Frm 00083 Fmt 6652 Sfmt 6201 E:\BILLS\H4348.RDS H4348

rfrederick on DSK6VPTVN1PROD with BILLS
84 

HR 4348 RDS

1 mental document, or not later than such other 

2 date that is otherwise required by law, which3 ever occurs first. 

4 ‘‘(B) OTHER DEADLINES.—With regard to 

5 any determination or approval of a partici6 pating agency that is not subject to subpara7 graph (A), each participating agency shall make 

8 any required determination regarding or other9 wise approve or disapprove the project not later 

10 than 90 days after the date that the lead agen11 cy approves the record of decision or finding of 

12 no significant impact for the project, or not 

13 later than such other date that is otherwise re14 quired by law, whichever occurs first. 

15 ‘‘(C) DEEMED APPROVED.—In the event 

16 that any participating agency fails to make a 

17 determination or approve or disapprove the 

18 project within the applicable deadline described 

19 in subparagraphs (A) and (B), the project shall 

20 be deemed approved by such participating agen21 cy, and such approval shall be deemed to com22 ply with the applicable requirements of Federal 

23 law. 

24 ‘‘(D) WRITTEN FINDING.—The Secretary 

25 may issue a written finding verifying the apVerDate Mar 15 2010 02:45 Apr 25, 2012 Jkt 019200 PO 00000 Frm 00084 Fmt 6652 Sfmt 6201 E:\BILLS\H4348.RDS H4348

rfrederick on DSK6VPTVN1PROD with BILLS
85 

HR 4348 RDS

1 proval made in accordance with this para2 graph.’’; and 

3 (3) by striking paragraph (4). 

4 (g) ISSUE IDENTIFICATION AND RESOLUTION.—Sec5 tion 139(h)(4) is amended by adding at the end the fol6 lowing: 

7 ‘‘(C) RESOLUTION FINAL.— 

8 ‘‘(i) IN GENERAL.—The lead agency 

9 and participating agencies may not recon10 sider the resolution of any issue agreed to 

11 by the relevant agencies in a meeting 

12 under subparagraph (A). 

13 ‘‘(ii) COMPLIANCE WITH APPLICABLE

14 LAW.—Any such resolution shall be 

15 deemed to comply with applicable law not16 withstanding that the agencies agreed to 

17 such resolution prior to the approval of the 

18 environmental document.’’. 

19 (h) STREAMLINED DOCUMENTATION AND DECISION20 MAKING.—Section 139 is amended— 

21 (1) by redesignating subsections (i) through (l) 

22 as subsections (k) through (n), respectively; and 

23 (2) by inserting after subsection (h) the fol24 lowing: 


rfrederick on DSK6VPTVN1PROD with BILLS
86 

HR 4348 RDS

1 ‘‘(i) STREAMLINED DOCUMENTATION AND DECISION2 MAKING.— 

3 ‘‘(1) IN GENERAL.—The lead agency in the en4 vironmental review process for a project, in order to 

5 reduce paperwork and expedite decisionmaking, shall 

6 prepare a condensed final environmental impact 

7 statement. 

8 ‘‘(2) CONDENSED FORMAT.—A condensed final 

9 environmental impact statement for a project in the 

10 environmental review process shall consist only of— 

11 ‘‘(A) an incorporation by reference of the 

12 draft environmental impact statement; 

13 ‘‘(B) any updates to specific pages or sec14 tions of the draft environmental impact state15 ment as appropriate; and 

16 ‘‘(C) responses to comments on the draft 

17 environmental impact statement and copies of 

18 the comments. 

19 ‘‘(3) TIMING OF DECISION.—Notwithstanding 

20 any other provision of law, in conducting the envi21 ronmental review process for a project, the lead 

22 agency shall combine a final environmental impact 

23 statement and a record of decision for the project 

24 into a single document if— 


rfrederick on DSK6VPTVN1PROD with BILLS
87 

HR 4348 RDS

1 ‘‘(A) the alternative approved in the record 

2 of decision is either a preferred alternative that 

3 was identified in the draft environmental im4 pact statement or is a modification of such pre5 ferred alternative that was developed in re6 sponse to comments on the draft environmental 

7 impact statement; 

8 ‘‘(B) the Secretary has received a certifi9 cation from a State under section 128, if such 

10 a certification is required for the project; and 

11 ‘‘(C) the Secretary determines that the 

12 lead agency, participating agency, or the project 

13 sponsor has committed to implement the meas14 ures applicable to the approved alternative that 

15 are identified in the final environmental impact 

16 statement. 

17 ‘‘(j) SUPPLEMENTAL ENVIRONMENTAL REVIEW AND

18 RE-EVALUATION.— 

19 ‘‘(1) SUPPLEMENTAL ENVIRONMENTAL RE20 VIEW.—After the approval of a record of decision or 

21 finding of no significant impact with regard to a 

22 project, an agency may not require the preparation 

23 of a subsequent environmental document for such 

24 project unless the lead agency determines that— 


rfrederick on DSK6VPTVN1PROD with BILLS
88 

HR 4348 RDS

1 ‘‘(A) changes to the project will result in 

2 new significant impacts that were not evaluated 

3 in the environmental document; or 

4 ‘‘(B) new information has become available 

5 or changes in circumstances have occurred after 

6 the lead agency approval of the project that will 

7 result in new significant impacts that were not 

8 evaluated in the environmental document. 

9 ‘‘(2) RE-EVALUATIONS.—The Secretary may 

10 only require the re-evaluation of a document pre11 pared under the National Environmental Policy Act 

12 of 1969 (42 U.S.C. 4321 et seq.) if— 

13 ‘‘(A) the Secretary determines that the 

14 events in paragraph (1)(A) or (1)(B) apply; and 

15 ‘‘(B) more than 5 years has elapsed since 

16 the Secretary’s prior approval of the project or 

17 authorization of project funding. 

18 ‘‘(3) CHANGE TO RECORD OF DECISION.—After 

19 the approval of a record of decision, the Secretary 

20 may not require the record of decision to be changed 

21 solely because of a change in the fiscal cir22 cumstances surrounding the project.’’. 

23 (i) REGULATIONS.—Section 139(m) (as redesignated 

24 by subsection (h)(1) of this section) is further amended 

25 to read as follows: 


rfrederick on DSK6VPTVN1PROD with BILLS
89 

HR 4348 RDS

1 ‘‘(m) REGULATIONS.— 

2 ‘‘(1) IN GENERAL.—Not later than 1 year after 

3 the date of enactment of the Surface Transportation 

4 Extension Act of 2012, Part II, the Secretary, by 

5 regulation, shall— 

6 ‘‘(A) implement this section; and 

7 ‘‘(B) establish methodologies and proce8 dures for evaluating the environmental impacts, 

9 including cumulative impacts and growth-induc10 ing impacts, of transportation projects subject 

11 to this section. 

12 ‘‘(2) COMPLIANCE WITH APPLICABLE LAW.— 

13 Any environmental document that utilizes the meth14 odologies and procedures established under this sub15 section shall be deemed to comply with the applica16 ble requirements of— 

17 ‘‘(A) the National Environmental Policy 

18 Act of 1969 (42 U.S.C. 4321 et seq.) or its im19 plementing regulations; or 

20 ‘‘(B) any other Federal environmental 

21 statute applicable to transportation projects.’’. 

22 SEC. 610. DISPOSAL OF HISTORIC PROPERTIES. 

23 (a) DISPOSAL OF HISTORIC PROPERTIES.—Section 

24 156 is amended— 


rfrederick on DSK6VPTVN1PROD with BILLS
90 

HR 4348 RDS

1 (1) by striking the section heading and insert2 ing ‘‘Sale or lease of real property’’; and 

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

4 ‘‘(d) ASSESSMENT OF ADVERSE EFFECTS.—Notwith5 standing part 800 of title 36, Code of Federal Regula6 tions, the sale or lease by a State of any historic property 

7 that is not listed in the National Register of Historic 

8 Places shall not be considered an adverse effect to the 

9 property within any consultation process carried out under 

10 section 106 of the National Historic Preservation Act (16 

11 U.S.C. 470f).’’. 

12 (b) CLERICAL AMENDMENT.—The analysis for chap13 ter 1 is amended by striking the item relating to section 

14 156 and inserting the following: 

‘‘156. Sale or lease of real property.’’. 

15 SEC. 611. INTEGRATION OF PLANNING AND ENVIRON16 MENTAL REVIEW. 

17 (a) IN GENERAL.—Chapter 1 is amended by adding 

18 at the end the following: 

19 ‘‘§ 167. Integration of planning and environmental re20 view 

21 ‘‘(a) DEFINITIONS.—In this section, the following 

22 definitions apply: 

23 ‘‘(1) ENVIRONMENTAL REVIEW PROCESS.— 

24 ‘‘(A) IN GENERAL.—The term ‘environ25 mental review process’ means the process for 


rfrederick on DSK6VPTVN1PROD with BILLS
91 

HR 4348 RDS

1 preparing for a project an environmental impact 

2 statement, environmental assessment, categor3 ical exclusion, or other document prepared 

4 under the National Environmental Policy Act of 

5 1969 (42 U.S.C. 4321 et seq.). 

6 ‘‘(B) INCLUSIONS.—The term ‘environ7 mental review process’ includes the process for 

8 and completion of any environmental permit, 

9 approval, review, or study required for a project 

10 under any Federal law other than the National 

11 Environmental Policy Act of 1969 (42 U.S.C. 

12 4321 et seq.). 

13 ‘‘(2) PLANNING PRODUCT.—The term ‘planning 

14 product’ means any decision, analysis, study, or 

15 other documented result of an evaluation or deci16 sionmaking process carried out during transpor17 tation planning. 

18 ‘‘(3) PROJECT.—The term ‘project’ means any 

19 highway project or program of projects, public trans20 portation capital project or program of projects, or 

21 multimodal project or program of projects that re22 quires the approval of the Secretary. 

23 ‘‘(4) PROJECT SPONSOR.—The term ‘project 

24 sponsor’ means the agency or other entity, including 


rfrederick on DSK6VPTVN1PROD with BILLS
92 

HR 4348 RDS

1 any private or public-private entity, that seeks ap2 proval of the Secretary for a project. 

3 ‘‘(b) PURPOSE AND FINDINGS.— 

4 ‘‘(1) PURPOSE.—The purpose of this section is 

5 to establish the authority and provide procedures for 

6 achieving integrated planning and environmental re7 view processes to— 

8 ‘‘(A) enable statewide and metropolitan 

9 planning processes to more effectively serve as 

10 the foundation for project decisions; 

11 ‘‘(B) foster better decisionmaking; 

12 ‘‘(C) reduce duplication in work; 

13 ‘‘(D) avoid delays in transportation im14 provements; and 

15 ‘‘(E) better transportation and environ16 mental results for communities and the United 

17 States. 

18 ‘‘(2) FINDINGS.—Congress finds the following: 

19 ‘‘(A) This section is consistent with and is 

20 adopted in furtherance of sections 101 and 102 

21 of the National Environmental Policy Act of 

22 1969 (42 U.S.C. 4331 and 4332) and section 

23 109 of this title. 

24 ‘‘(B) This section should be broadly con25 strued and may be applied to any project, class 


rfrederick on DSK6VPTVN1PROD with BILLS
93 

HR 4348 RDS

1 of projects, or program of projects carried out 

2 under this title or chapter 53 of title 49. 

3 ‘‘(c) ADOPTION OF PLANNING PRODUCTS FOR USE

4 IN NEPA PROCEEDINGS.— 

5 ‘‘(1) IN GENERAL.—Notwithstanding any other 

6 provision of law and subject to the conditions set 

7 forth in subsection (e), the Federal lead agency for 

8 a project, at the request of the project sponsors, may 

9 adopt and use a planning product in proceedings re10 lating to any class of action in the environmental re11 view process of the project. 

12 ‘‘(2) PARTIAL ADOPTION OF PLANNING PROD13 UCTS.—The Federal lead agency may adopt a plan14 ning product under paragraph (1) in its entirety or 

15 may select portions for adoption. 

16 ‘‘(3) TIMING.—A determination under para17 graph (1) with respect to the adoption of a planning 

18 product shall be made at the time the lead agencies 

19 decide the appropriate scope of environmental review 

20 for the project. 

21 ‘‘(d) APPLICABILITY.— 

22 ‘‘(1) PLANNING DECISIONS.—Planning deci23 sions that may be adopted pursuant to this section 

24 include— 


rfrederick on DSK6VPTVN1PROD with BILLS
94 

HR 4348 RDS

1 ‘‘(A) a purpose and need or goals and ob2 jectives statement for the project, including 

3 with respect to whether tolling, private financial 

4 assistance, or other special financial measures 

5 are necessary to implement the project; 

6 ‘‘(B) a decision with respect to travel cor7 ridor location, including project termini; 

8 ‘‘(C) a decision with respect to modal 

9 choice, including a decision to implement cor10 ridor or subarea study recommendations to ad11 vance different modal solutions as separate 

12 projects with independent utility; 

13 ‘‘(D) a decision with respect to the elimi14 nation of unreasonable alternatives and the se15 lection of the range of reasonable alternatives 

16 for detailed study during the environmental re17 view process; 

18 ‘‘(E) a basic description of the environ19 mental setting; 

20 ‘‘(F) a decision with respect to methodolo21 gies for analysis; and 

22 ‘‘(G) identifications of programmatic level 

23 mitigation for potential impacts that the Fed24 eral lead agency, in consultation with Federal, 

25 State, local, and tribal resource agencies, deterVerDate Mar 15 2010 02:45 Apr 25, 2012 Jkt 019200 PO 00000 Frm 00094 Fmt 6652 Sfmt 6201 E:\BILLS\H4348.RDS H4348

rfrederick on DSK6VPTVN1PROD with BILLS
95 

HR 4348 RDS

1 mines are most effectively addressed at a re2 gional or national program level, including— 

3 ‘‘(i) system-level measures to avoid, 

4 minimize, or mitigate impacts of proposed 

5 transportation investments on environ6 mental resources, including regional eco7 system and water resources; and 

8 ‘‘(ii) potential mitigation activities, lo9 cations, and investments. 

10 ‘‘(2) PLANNING ANALYSES.—Planning analyses 

11 that may be adopted pursuant to this section include 

12 studies with respect to— 

13 ‘‘(A) travel demands; 

14 ‘‘(B) regional development and growth; 

15 ‘‘(C) local land use, growth management, 

16 and development; 

17 ‘‘(D) population and employment; 

18 ‘‘(E) natural and built environmental con19 ditions; 

20 ‘‘(F) environmental resources and environ21 mentally sensitive areas; 

22 ‘‘(G) potential environmental effects, in23 cluding the identification of resources of con24 cern and potential cumulative effects on those 


rfrederick on DSK6VPTVN1PROD with BILLS
96 

HR 4348 RDS

1 resources, identified as a result of a statewide 

2 or regional cumulative effects assessment; and 

3 ‘‘(H) mitigation needs for a proposed ac4 tion, or for programmatic level mitigation, for 

5 potential effects that the Federal lead agency 

6 determines are most effectively addressed at a 

7 regional or national program level. 

8 ‘‘(e) CONDITIONS.—Adoption and use of a planning 

9 product under this section is subject to a determination 

10 by the Federal lead agency, in consultation with joint lead 

11 agencies and project sponsors as appropriate, that the fol12 lowing conditions have been met: 

13 ‘‘(1) The planning product was developed 

14 through a planning process conducted pursuant to 

15 applicable Federal law. 

16 ‘‘(2) The planning process included broad mul17 tidisciplinary consideration of systems-level or cor18 ridor-wide transportation needs and potential effects. 

19 ‘‘(3) During the planning process, notice was 

20 provided through publication or other means to Fed21 eral, State, and local government agencies and tribal 

22 governments that might have an interest in the pro23 posed project, and to members of the general public, 

24 of the planning products that the planning process 

25 might produce and that might be relied on during 


rfrederick on DSK6VPTVN1PROD with BILLS
97 

HR 4348 RDS

1 the environmental review process, and such entities 

2 have been provided an appropriate opportunity to 

3 participate in the planning process leading to such 

4 planning product. 

5 ‘‘(4) Prior to determining the scope of environ6 mental review for the project, the joint lead agencies 

7 have made documentation relating to the planning 

8 product available to Federal, State, and local gov9 ernmental agencies and tribal governments that may 

10 have an interest in the proposed action, and to mem11 bers of the general public. 

12 ‘‘(5) There is no significant new information or 

13 new circumstance that has a reasonable likelihood of 

14 affecting the continued validity or appropriateness of 

15 the planning product. 

16 ‘‘(6) The planning product is based on reliable 

17 and reasonably current data and reasonable and sci18 entifically acceptable methodologies. 

19 ‘‘(7) The planning product is documented in 

20 sufficient detail to support the decision or the re21 sults of the analysis and to meet requirements for 

22 use of the information in the environmental review 

23 process. 


rfrederick on DSK6VPTVN1PROD with BILLS
98 

HR 4348 RDS

1 ‘‘(8) The planning product is appropriate for 

2 adoption and use in the environmental review proc3 ess for the project. 

4 ‘‘(f) EFFECT OF ADOPTION.—Notwithstanding any 

5 other provision of law, any planning product adopted by 

6 the Federal lead agency in accordance with this section 

7 shall not be reconsidered or made the subject of additional 

8 interagency consultation during the environmental review 

9 process of the project unless the Federal lead agency, in 

10 consultation with joint lead agencies and project sponsors 

11 as appropriate, determines that there is significant new 

12 information or new circumstances that affect the contin13 ued validity or appropriateness of the adopted planning 

14 product. Any planning product adopted by the Federal 

15 lead agency in accordance with this section may be relied 

16 upon and used by other Federal agencies in carrying out 

17 reviews of the project. 

18 ‘‘(g) RULE OF CONSTRUCTION.—This section may 

19 not be construed to make the National Environmental Pol20 icy Act of 1969 (42 U.S.C. 4321 et seq.) process applica21 ble to the transportation planning process conducted 

22 under chapter 52 of title 49. Initiation of the National 

23 Environmental Policy Act of 1969 process as a part of, 

24 or concurrently with, transportation planning activities 

25 does not subject transportation plans and programs to the 


rfrederick on DSK6VPTVN1PROD with BILLS
99 

HR 4348 RDS

1 National Environmental Policy Act of 1969 process. This 

2 section may not be construed to affect the use of planning 

3 products in the National Environmental Policy Act of 

4 1969 process pursuant to other authorities under law or 

5 to restrict the initiation of the National Environmental 

6 Policy Act of 1969 process during planning.’’. 

7 (b) CLERICAL AMENDMENT.—The analysis for such 

8 chapter is amended by adding at end the following: 

‘‘167. Integration of planning and environmental review.’’. 

9 SEC. 612. DEVELOPMENT OF PROGRAMMATIC MITIGATION 

10 PLANS. 

11 (a) IN GENERAL.—Chapter 1 (as amended by this 

12 title) is further amended by adding at the end the fol13 lowing: 

14 ‘‘§ 168. Development of programmatic mitigation 

15 plans 

16 ‘‘(a) IN GENERAL.—As part of the statewide or met17 ropolitan transportation planning process, a State or met18 ropolitan planning organization may develop one or more 

19 programmatic mitigation plans to address the potential 

20 environmental impacts of future transportation projects. 

21 ‘‘(b) SCOPE.— 

22 ‘‘(1) SCALE.—A programmatic mitigation plan 

23 may be developed on a regional, ecosystem, water24 shed, or statewide scale. 


rfrederick on DSK6VPTVN1PROD with BILLS
100 

HR 4348 RDS

1 ‘‘(2) RESOURCES.—The plan may encompass 

2 multiple environmental resources within a defined 

3 geographic area or may focus on a specific resource, 

4 such as aquatic resources, parklands, or wildlife 

5 habitat. 

6 ‘‘(3) PROJECT IMPACTS.—The plan may ad7 dress impacts from all projects in a defined geo8 graphic area or may focus on a specific type of 

9 project, such as bridge replacements. 

10 ‘‘(4) CONSULTATION.—The scope of the plan 

11 shall be determined by the State or metropolitan 

12 planning organization, as appropriate, in consulta13 tion with the agency or agencies with jurisdiction 

14 over the resources being addressed in the mitigation 

15 plan. 

16 ‘‘(c) CONTENTS.—A programmatic mitigation plan 

17 may include— 

18 ‘‘(1) an assessment of the condition of environ19 mental resources in the geographic area covered by 

20 the plan, including an assessment of recent trends 

21 and any potential threats to those resources; 

22 ‘‘(2) an assessment of potential opportunities to 

23 improve the overall quality of environmental re24 sources in the geographic area covered by the plan, 


rfrederick on DSK6VPTVN1PROD with BILLS
101 

HR 4348 RDS

1 through strategic mitigation for impacts of transpor2 tation projects; 

3 ‘‘(3) standard measures for mitigating certain 

4 types of impacts; 

5 ‘‘(4) parameters for determining appropriate 

6 mitigation for certain types of impacts, such as miti7 gation ratios or criteria for determining appropriate 

8 mitigation sites; 

9 ‘‘(5) adaptive management procedures, such as 

10 protocols that involve monitoring predicted impacts 

11 over time and adjusting mitigation measures in re12 sponse to information gathered through the moni13 toring; and 

14 ‘‘(6) acknowledgment of specific statutory or 

15 regulatory requirements that must be satisfied when 

16 determining appropriate mitigation for certain types 

17 of resources. 

18 ‘‘(d) PROCESS.—Before adopting a programmatic 

19 mitigation plan, a State or metropolitan planning organi20 zation shall— 

21 ‘‘(1) consult with the agency or agencies with 

22 jurisdiction over the environmental resources consid23 ered in the programmatic mitigation plan; 


rfrederick on DSK6VPTVN1PROD with BILLS
102 

HR 4348 RDS

1 ‘‘(2) make a draft of the plan available for re2 view and comment by applicable environmental re3 source agencies and the public; 

4 ‘‘(3) consider any comments received from such 

5 agencies and the public on the draft plan; and 

6 ‘‘(4) address such comments in the final plan. 

7 ‘‘(e) INTEGRATION WITH OTHER PLANS.—A pro8 grammatic mitigation plan may be integrated with other 

9 plans, including watershed plans, ecosystem plans, species 

10 recovery plans, growth management plans, and land use 

11 plans. 

12 ‘‘(f) CONSIDERATION IN PROJECT DEVELOPMENT

13 AND PERMITTING.—If a programmatic mitigation plan 

14 has been developed pursuant to this section, any Federal 

15 agency responsible for environmental reviews, permits, or 

16 approvals for a transportation project shall give substan17 tial weight to the recommendations in a programmatic 

18 mitigation plan when carrying out their responsibilities 

19 under applicable laws. 

20 ‘‘(g) PRESERVATION OF EXISTING AUTHORITIES.— 

21 Nothing in this section limits the use of programmatic ap22 proaches to reviews under the National Environmental 

23 Policy Act of 1969 (42 U.S.C. 4321 et seq.).’’. 


rfrederick on DSK6VPTVN1PROD with BILLS
103 

HR 4348 RDS

1 (b) CLERICAL AMENDMENT.—The analysis for such 

2 chapter (as amended by this title) is further amended by 

3 adding at the end the following: 

‘‘168. Development of programmatic mitigation plans.’’. 

4 SEC. 613. STATE ASSUMPTION OF RESPONSIBILITY FOR 

5 CATEGORICAL EXCLUSIONS. 

6 Section 326(a) is amended— 

7 (1) in paragraph (2) by striking ‘‘and only for 

8 types of activities specifically designated by the Sec9 retary’’ and inserting ‘‘and for any type of activity 

10 for which a categorical exclusion classification is ap11 propriate’’; and 

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

13 ‘‘(4) PRESERVATION OF FLEXIBILITY.—The 

14 Secretary shall not require a State, as a condition of 

15 assuming responsibility under this section, to forego 

16 project delivery methods that are otherwise permis17 sible for highway projects.’’. 

18 SEC. 614. SURFACE TRANSPORTATION PROJECT DELIVERY 

19 PROGRAM. 

20 (a) PROGRAM NAME.—Section 327 is amended— 

21 (1) in the section heading by striking ‘‘pilot’’; 

22 and 

23 (2) in subsection (a)(1) by striking ‘‘pilot’’. 

24 (b) ASSUMPTION OF RESPONSIBILITY.—Section 

25 327(a)(2) is amended— 


rfrederick on DSK6VPTVN1PROD with BILLS
104 

HR 4348 RDS

1 (1) in subparagraph (A) by striking ‘‘highway’’; 

2 (2) in subparagraph (B) by striking clause (ii) 

3 and inserting the following: 

4 ‘‘(ii) the Secretary may not assign any 

5 responsibility imposed on the Secretary by 

6 section 134 or 135 or section 5303 or 

7 5304 of title 49.’’; and 

8 (3) by adding at the end the following: 

9 ‘‘(F) PRESERVATION OF FLEXIBILITY.— 

10 The Secretary may not require a State, as a 

11 condition of participation in the program, to 

12 forego project delivery methods that are other13 wise permissible for projects.’’. 

14 (c) STATE PARTICIPATION.—Section 327(b) is 

15 amended— 

16 (1) by amending paragraph (1) to read as fol17 lows: 

18 ‘‘(1) PARTICIPATING STATES.—All States are 

19 eligible to participate in the program.’’; and 

20 (2) in paragraph (2) by striking ‘‘this section, 

21 the Secretary shall promulgate’’ and inserting 

22 ‘‘amendments to this section by the Surface Trans23 portation Extension Act of 2012, Part II, the Sec24 retary shall amend, as appropriate,’’. 


rfrederick on DSK6VPTVN1PROD with BILLS
105 

HR 4348 RDS

1 (d) WRITTEN AGREEMENT.—Section 327(c) is 

2 amended— 

3 (1) in paragraph (3)(D) by striking the period 

4 at the end and inserting a semicolon; and 

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

6 ‘‘(4) have a term of not more than 5 years; and 

7 ‘‘(5) be renewable.’’. 

8 (e) CONFORMING AMENDMENT.—Section 327(e) is 

9 amended by striking ‘‘subsection (i)’’ and inserting ‘‘sub10 section (j)’’. 

11 (f) AUDITS.—Section 327(g)(1)(B) is amended by 

12 striking ‘‘subsequent year’’ and inserting ‘‘of the third and 

13 fourth years’’. 

14 (g) MONITORING.—Section 327 is further amended— 

15 (1) by redesignating subsections (h) and (i) as 

16 subsections (i) and (j), respectively; and 

17 (2) by inserting after subsection (g) the fol18 lowing: 

19 ‘‘(h) MONITORING.—After the fourth year of the par20 ticipation of a State in the program, the Secretary shall 

21 monitor compliance by the State with the written agree22 ment, including the provision by the State of financial re23 sources to carry out the written agreement.’’. 


rfrederick on DSK6VPTVN1PROD with BILLS
106 

HR 4348 RDS

1 (h) TERMINATION.—Section 327(j) (as redesignated 

2 by subsection (g)(1) of this section) is amended to read 

3 as follows: 

4 ‘‘(j) TERMINATION.—The Secretary may terminate 

5 the participation of any State in the program if— 

6 ‘‘(1) the Secretary determines that the State is 

7 not adequately carrying out the responsibilities as8 signed to the State; 

9 ‘‘(2) the Secretary provides to the State— 

10 ‘‘(A) notification of the determination of 

11 noncompliance; and 

12 ‘‘(B) a period of at least 30 days during 

13 which to take such corrective action as the Sec14 retary determines is necessary to comply with 

15 the applicable agreement; and 

16 ‘‘(3) the State, after the notification and period 

17 provided under paragraph (2), fails to take satisfac18 tory corrective action, as determined by the Sec19 retary.’’. 

20 (i) DEFINITIONS.—Section 327 is amended by adding 

21 at the end the following: 

22 ‘‘(k) DEFINITIONS.—In this section, the following 

23 definitions apply: 

24 ‘‘(1) MULTIMODAL PROJECT.—The term 

25 ‘multimodal project’ means a project funded, in 


rfrederick on DSK6VPTVN1PROD with BILLS
107 

HR 4348 RDS

1 whole or in part, under this title or chapter 53 of 

2 title 49 and involving the participation of more than 

3 one Department of Transportation administration or 

4 agency. 

5 ‘‘(2) PROJECT.—The term ‘project’ means any 

6 highway project, public transportation capital 

7 project, or multimodal project that requires the ap8 proval of the Secretary.’’. 

9 (j) CLERICAL AMENDMENT.—The analysis for chap10 ter 3 is amended by striking the item relating to section 

11 327 and inserting the following: 

‘‘327. Surface transportation project delivery program.’’. 

12 SEC. 615. PROGRAM FOR ELIMINATING DUPLICATION OF 

13 ENVIRONMENTAL REVIEWS. 

14 (a) IN GENERAL.—Chapter 3 is amended by adding 

15 at the end the following: 

16 ‘‘§ 330. Program for eliminating duplication of envi17 ronmental reviews 

18 ‘‘(a) ESTABLISHMENT.— 

19 ‘‘(1) IN GENERAL.—The Secretary shall estab20 lish a program to eliminate duplicative environ21 mental reviews and approvals under State and Fed22 eral law of projects. Under this program, a State 

23 may use State laws and procedures to conduct re24 views and make approvals in lieu of Federal environVerDate Mar 15 2010 02:45 Apr 25, 2012 Jkt 019200 PO 00000 Frm 00107 Fmt 6652 Sfmt 6201 E:\BILLS\H4348.RDS H4348

rfrederick on DSK6VPTVN1PROD with BILLS
108 

HR 4348 RDS

1 mental laws and regulations, consistent with the pro2 visions of this section. 

3 ‘‘(2) PARTICIPATING STATES.—All States are 

4 eligible to participate in the program. 

5 ‘‘(3) SCOPE OF ALTERNATIVE REVIEW AND AP6 PROVAL PROCEDURES.—For purposes of this sec7 tion, alternative environmental review and approval 

8 procedures may include one or more of the following: 

9 ‘‘(A) Substitution of one or more State en10 vironmental laws for one or more Federal envi11 ronmental laws, if the Secretary determines in 

12 accordance with this section that the State envi13 ronmental laws provide environmental protec14 tion and opportunities for public involvement 

15 that are substantially equivalent to the applica16 ble Federal environmental laws. 

17 ‘‘(B) Substitution of one or more State 

18 regulations for Federal regulations imple19 menting one or more Federal environmental 

20 laws, if the Secretary determines in accordance 

21 with this section that the State regulations pro22 vide environmental protection and opportunities 

23 for public involvement that are substantially 

24 equivalent to the Federal regulations. 


rfrederick on DSK6VPTVN1PROD with BILLS
109 

HR 4348 RDS

1 ‘‘(b) APPLICATION.—To participate in the program, 

2 a State shall submit to the Secretary an application con3 taining such information as the Secretary may require, in4 cluding— 

5 ‘‘(1) a full and complete description of the pro6 posed alternative environmental review and approval 

7 procedures of the State; 

8 ‘‘(2) for each State law or regulation included 

9 in the proposed alternative environmental review and 

10 approval procedures of the State, an explanation of 

11 the basis for concluding that the law or regulation 

12 meets the requirements under subsection (a)(3); and 

13 ‘‘(3) evidence of having sought, received, and 

14 addressed comments on the proposed application 

15 from the public and appropriate Federal environ16 mental resource agencies. 

17 ‘‘(c) REVIEW OF APPLICATION.—The Secretary 

18 shall— 

19 ‘‘(1) review an application submitted under sub20 section (b); 

21 ‘‘(2) approve or disapprove the application in 

22 accordance with subsection (d) not later than 90 

23 days after the date of the receipt of the application; 

24 and 


rfrederick on DSK6VPTVN1PROD with BILLS
110 

HR 4348 RDS

1 ‘‘(3) transmit to the State notice of the ap2 proval or disapproval, together with a statement of 

3 the reasons for the approval or disapproval. 

4 ‘‘(d) APPROVAL OF STATE PROGRAMS.— 

5 ‘‘(1) IN GENERAL.—The Secretary shall ap6 prove each such application if the Secretary finds 

7 that the proposed alternative environmental review 

8 and approval procedures of the State are substan9 tially equivalent to the applicable Federal environ10 mental laws and Federal regulations. 

11 ‘‘(2) EXCLUSION.—The National Environ12 mental Policy Act of 1969 (42 U.S.C. 4321 et seq.) 

13 and the Endangered Species Act of 1973 (16 U.S.C. 

14 1531 et seq.) shall not apply to any decision by the 

15 Secretary to approve or disapprove any application 

16 submitted pursuant to this section. 

17 ‘‘(e) COMPLIANCE WITH PERMITS.—Compliance with 

18 a permit or other approval of a project issued pursuant 

19 to a program approved by the Secretary under this section 

20 shall be deemed compliance with the Federal laws and reg21 ulations identified in the program approved by the Sec22 retary pursuant to this section. 

23 ‘‘(f) REVIEW AND TERMINATION.— 

24 ‘‘(1) REVIEW.—All State alternative environ25 mental review and approval procedures approved 


rfrederick on DSK6VPTVN1PROD with BILLS
111 

HR 4348 RDS

1 under this section shall be reviewed by the Secretary 

2 not less than once every 5 years. 

3 ‘‘(2) PUBLIC NOTICE AND COMMENT.—In con4 ducting the review process under paragraph (1), the 

5 Secretary shall provide notice and an opportunity for 

6 public comment. 

7 ‘‘(3) EXTENSIONS AND TERMINATIONS.—At the 

8 conclusion of the review process, the Secretary may 

9 extend the State alternative environmental review 

10 and approval procedures for an additional 5-year pe11 riod or terminate the State program. 

12 ‘‘(g) REPORT TO CONGRESS.—Not later than 2 years 

13 after the date of enactment of this section and annually 

14 thereafter, the Secretary shall submit to Congress a report 

15 that describes the administration of the program. 

16 ‘‘(h) DEFINITIONS.—For purposes of this section: 

17 ‘‘(1) ENVIRONMENTAL LAW.—The term ‘envi18 ronmental law’ includes any law that provides proce19 dural or substantive protection, as applicable, for the 

20 natural or built environment with regard to the con21 struction and operation of projects. 

22 ‘‘(2) FEDERAL ENVIRONMENTAL LAWS.—The 

23 term ‘Federal environmental laws’ means laws gov24 erning the review of environmental impacts of, and 

25 issuance of permits and other approvals for, the conVerDate Mar 15 2010 02:45 Apr 25, 2012 Jkt 019200 PO 00000 Frm 00111 Fmt 6652 Sfmt 6201 E:\BILLS\H4348.RDS H4348

rfrederick on DSK6VPTVN1PROD with BILLS
112 

HR 4348 RDS

1 struction and operation of projects, including section 

2 102(2)(C) of the National Environmental Policy Act 

3 of 1969 (42 U.S.C. 4332(2)(C)), section 404 of the 

4 Federal Water Pollution Control Act (33 U.S.C. 

5 1344), section 106 of the National Historic Preser6 vation Act (16 U.S.C. 470f), and sections 7(a)(2), 

7 9(a)(1)(B), and 10(a)(1)(B) of the Endangered Spe8 cies Act of 1973 (16 U.S.C. 1536(a)(2), 

9 1538(a)(1)(B), 1539(a)(1)(B)). 

10 ‘‘(3) MULTIMODAL PROJECT.—The term 

11 ‘multimodal project’ means a project funded, in 

12 whole or in part, under this title or chapter 53 of 

13 title 49 and involving the participation of more than 

14 one Department of Transportation administration or 

15 agency. 

16 ‘‘(4) PROJECT.—The term ‘project’ means any 

17 highway project, public transportation capital 

18 project, or multimodal project that requires the ap19 proval of the Secretary.’’. 

20 (b) CLERICAL AMENDMENT.—The analysis for such 

21 chapter (as amended by title I of this Act) is further 

22 amended by adding at the end the following: 

‘‘330. Program for eliminating duplication of environmental reviews.’’. 


rfrederick on DSK6VPTVN1PROD with BILLS
113 

HR 4348 RDS

1 SEC. 616. STATE PERFORMANCE OF LEGAL SUFFICIENCY 

2 REVIEWS. 

3 (a) IN GENERAL.—Chapter 3 (as amended by this 

4 title) is further amended by adding at the end the fol5 lowing: 

6 ‘‘§ 331. State performance of legal sufficiency reviews 

7 ‘‘(a) IN GENERAL.—At the request of any State 

8 transportation department, the Federal Highway Adminis9 tration shall enter into an agreement with the State trans10 portation department to authorize the State to carry out 

11 the legal sufficiency reviews for environmental impact 

12 statements and environmental assessments under the Na13 tional Environmental Policy Act of 1969 (42 U.S.C. 4321 

14 et seq.) in accordance with this section. 

15 ‘‘(b) TERMS OF AGREEMENT.—An agreement au16 thorizing a State to carry out legal sufficiency reviews for 

17 Federal-aid highway projects shall contain the following 

18 provisions: 

19 ‘‘(1) A finding by the Federal Highway Admin20 istration that the State has the capacity to carry out 

21 legal sufficiency reviews that are equivalent in qual22 ity and consistency to the reviews that would other23 wise be conducted by attorneys employed by such 

24 Administration. 

25 ‘‘(2) An oversight process, including periodic re26 views conducted by attorneys employed by such AdVerDate Mar 15 2010 02:45 Apr 25, 2012 Jkt 019200 PO 00000 Frm 00113 Fmt 6652 Sfmt 6201 E:\BILLS\H4348.RDS H4348

rfrederick on DSK6VPTVN1PROD with BILLS
114 

HR 4348 RDS

1 ministration, to evaluate the quality of the legal suf2 ficiency reviews carried out by the State transpor3 tation department under the agreement. 

4 ‘‘(3) A requirement for the State transportation 

5 department to submit a written finding of legal suf6 ficiency to the Federal Highway Administration con7 currently with the request by the State for Federal 

8 approval of the National Environmental Policy Act 

9 of 1969 (42 U.S.C. 4321 et seq.) document. 

10 ‘‘(4) An opportunity for the Federal Highway 

11 Administration to conduct an additional legal suffi12 ciency review for any project, for not more than 30 

13 days, if considered necessary by the Federal High14 way Administration. 

15 ‘‘(5) Procedures allowing either party to the 

16 agreement to terminate the agreement for any rea17 son with 30 days notice to the other party. 

18 ‘‘(c) EFFECT OF AGREEMENT.—A legal sufficiency 

19 review carried out by a State transportation department 

20 under this section shall be deemed by the Federal High21 way Administration to satisfy the requirement for a legal 

22 sufficiency review in sections 771.125(b) and 774.7(d) of 

23 title 23, Code of Federal Regulations, or other applicable 

24 regulations issued by the Federal Highway Administra25 tion.’’. 


rfrederick on DSK6VPTVN1PROD with BILLS
115 

HR 4348 RDS

1 (b) CLERICAL AMENDMENT.—The analysis for such 

2 chapter (as amended by this title) is further amended by 

3 adding at the end the following: 

‘‘331. State performance of legal sufficiency reviews.’’. 

4 SEC. 617. CATEGORICAL EXCLUSIONS. 

5 (a) IN GENERAL.—The Secretary shall treat an activ6 ity carried out under title 23, United States Code, or 

7 project within a right-of-way as a class of action categori8 cally excluded from the requirements relating to environ9 mental assessments or environmental impact statements 

10 under section 771.117(c) of title 23, Code of Federal Reg11 ulations. 

12 (b) DEFINITIONS.—In this section, the following defi13 nitions apply: 

14 (1) MULTIMODAL PROJECT.—The term 

15 ‘‘multimodal project’’ means a project funded, in 

16 whole or in part, under title 23, United States Code, 

17 or chapter 53 of title 49 of such Code and involving 

18 the participation of more than one Department of 

19 Transportation administration or agency. 

20 (2) PROJECT.—The term ‘‘project’’ means any 

21 highway project, public transportation capital 

22 project, or multimodal project that requires the ap23 proval of the Secretary. 

24 SEC. 618. ENVIRONMENTAL REVIEW PROCESS DEADLINE. 

25 (a) IN GENERAL.— 


rfrederick on DSK6VPTVN1PROD with BILLS
116 

HR 4348 RDS

1 (1) DEADLINE.—Notwithstanding any other 

2 provision of law, the environmental review process 

3 for a project shall be completed not later than 270 

4 days after the date on which the notice of project 

5 initiation under section 139(e) of title 23, United 

6 States Code, is published in the Federal Register. 

7 (2) CONSEQUENCES OF MISSED DEADLINE.—If 

8 the environmental review process for a project is not 

9 completed in accordance with paragraph (1)— 

10 (A) the project shall be considered to have 

11 no significant impact to the human environment 

12 for purposes of the National Environmental 

13 Policy Act of 1969 (42 U.S.C. 4321 et seq.); 

14 and 

15 (B) that classification shall be considered 

16 to be a final agency action. 

17 (b) DEFINITIONS.—In this section, the following defi18 nitions apply: 

19 (1) ENVIRONMENTAL REVIEW PROCESS.— 

20 (A) IN GENERAL.—The term ‘‘environ21 mental review process’’ means the process for 

22 preparing for a project an environmental impact 

23 statement, environmental assessment, categor24 ical exclusion, or other document prepared 


rfrederick on DSK6VPTVN1PROD with BILLS
117 

HR 4348 RDS

1 under the National Environmental Policy Act of 

2 1969 (42 U.S.C. 4321 et seq.). 

3 (B) INCLUSIONS.—The term ‘‘environ4 mental review process’’ includes the process for 

5 and completion of any environmental permit, 

6 approval, review, or study required for a project 

7 under any Federal law other than the National 

8 Environmental Policy Act of 1969 (42 U.S.C. 

9 4321 et seq.). 

10 (2) LEAD AGENCY.—The term ‘‘lead agency’’ 

11 means the Department of Transportation and, if ap12 plicable, any State or local governmental entity serv13 ing as a joint lead agency pursuant to this section. 

14 (3) MULTIMODAL PROJECT.—The term 

15 ‘‘multimodal project’’ means a project funded, in 

16 whole or in part, under title 23, United States Code, 

17 or chapter 53 of title 49 of such Code and involving 

18 the participation of more than one Department of 

19 Transportation administration or agency. 

20 (4) PROJECT.—The term ‘‘project’’ means any 

21 highway project, public transportation capital 

22 project, or multimodal project that requires the ap23 proval of the Secretary. 


rfrederick on DSK6VPTVN1PROD with BILLS
118 

HR 4348 RDS

1 SEC. 619. RELOCATION ASSISTANCE. 

2 (a) ALTERNATIVE RELOCATION PAYMENT PROC3 ESS.— 

4 (1) ESTABLISHMENT.—For the purpose of 

5 identifying improvements in the timeliness of pro6 viding relocation assistance to persons displaced as 

7 a result of Federal or federally-assisted programs 

8 and projects, the Secretary shall establish an alter9 native relocation payment process under which pay10 ments to displaced persons eligible for relocation as11 sistance pursuant to the Uniform Relocation Assist12 ance and Real Property Acquisition Policies Act of 

13 1970 (42 U.S.C. 4601 et seq.), are calculated based 

14 on reasonable estimates and paid in advance of the 

15 physical displacement of the displaced person. 

16 (2) PAYMENTS.— 

17 (A) TIMING OF PAYMENTS.—Relocation as18 sistance payments may be provided to the dis19 placed person at the same time as payments of 

20 just compensation for real property acquired for 

21 a program or project of the State. 

22 (B) COMBINED PAYMENT.—Payments for 

23 relocation and just compensation may be com24 bined into a single unallocated amount. 

25 (3) CONDITIONS FOR STATE USE OF ALTER26 NATIVE PROCESS.— 


rfrederick on DSK6VPTVN1PROD with BILLS
119 

HR 4348 RDS

1 (A) IN GENERAL.—After public notice and 

2 an opportunity to comment, the Secretary shall 

3 adopt criteria for States to use the alternative 

4 relocation payment process established by the 

5 Secretary. 

6 (B) MEMORANDUM OF AGREEMENT.—In 

7 order to use the alternative relocation payment 

8 process, a State shall enter into a memorandum 

9 of agreement with the Secretary that includes 

10 provisions relating to— 

11 (i) the selection of projects or pro12 grams within the State to which the alter13 native relocation payment process will be 

14 applied; 

15 (ii) program and project-level moni16 toring; 

17 (iii) performance measurement; 

18 (iv) reporting requirements; and 

19 (v) the circumstances under which the 

20 Secretary may terminate or suspend the 

21 authority of the State to use the alter22 native relocation payment process. 

23 (C) REQUIRED INFORMATION.—A State 

24 may use the alternative relocation payment 


rfrederick on DSK6VPTVN1PROD with BILLS
120 

HR 4348 RDS

1 process only after the displaced persons affected 

2 by a program or project— 

3 (i) are informed in writing— 

4 (I) that the relocation payments 

5 the displaced persons receive under 

6 the alternative relocation payment 

7 process may be higher or lower than 

8 the amount that the displaced persons 

9 would have received under the stand10 ard relocation assistance process; and 

11 (II) of their right not to partici12 pate in the alternative relocation pay13 ment process; and 

14 (ii) agree in writing to the alternative 

15 relocation payment process. 

16 (D) ELECTION NOT TO PARTICIPATE.— 

17 The displacing agency shall provide any dis18 placed person who elects not to participate in 

19 the alternative relocation payment process with 

20 relocation assistance in accordance with the 

21 Uniform Relocation Assistance and Real Prop22 erty Acquisition Policies Act of 1970 (42 

23 U.S.C. 4601 et seq.). 

24 (4) PROTECTIONS AGAINST INCONSISTENT

25 TREATMENT.—If other Federal agencies plan disVerDate Mar 15 2010 02:45 Apr 25, 2012 Jkt 019200 PO 00000 Frm 00120 Fmt 6652 Sfmt 6201 E:\BILLS\H4348.RDS H4348

rfrederick on DSK6VPTVN1PROD with BILLS
121 

HR 4348 RDS

1 placements in or adjacent to an area of a project 

2 using the alternative relocation payment process 

3 within the same time period as a project acquisition 

4 and relocation action of the project, the Secretary 

5 shall adopt measures to protect against inconsistent 

6 treatment of displaced persons. Such measures may 

7 include a determination that the alternative reloca8 tion payment process authority may not be used on 

9 a specific project. 

10 (5) REPORT.— 

11 (A) IN GENERAL.—The Secretary shall 

12 submit to Congress an annual report on the im13 plementation of the alternative relocation pay14 ment process. 

15 (B) CONTENTS.—The report shall include 

16 an evaluation of the merits of the alternative 

17 relocation payment process, including the ef18 fects of the alternative relocation payment proc19 ess on— 

20 (i) displaced persons and the protec21 tions afforded to such persons by the Uni22 form Relocation Assistance and Real Prop23 erty Acquisition Policies Act of 1970 (42 

24 U.S.C. 4601 et seq.); 


rfrederick on DSK6VPTVN1PROD with BILLS
122 

HR 4348 RDS

1 (ii) the efficiency of the delivery of 

2 Federal-aid highway projects and overall 

3 effects on the Federal-aid highway pro4 gram; and 

5 (iii) the achievement of the purposes 

6 of the Uniform Relocation Assistance and 

7 Real Property Acquisition Policies Act of 

8 1970 (42 U.S.C. 4601 et seq.). 

9 (6) LIMITATION.—The alternative relocation 

10 payment process under this section may be used only 

11 on projects funded under title 23, United States 

12 Code, in cases in which the funds are administered 

13 by the Federal Highway Administration. 

14 (7) NEPA APPLICABILITY.—Notwithstanding 

15 any other provision of law, the use of the alternative 

16 relocation payment process established under this 

17 section on a project funded under title 23, United 

18 States Code, and administered by the Federal High19 way Administration is not a major Federal action re20 quiring analysis or approval under the National En21 vironmental Policy Act of 1969 (42 U.S.C. 4321 et 

22 seq.). 

23 (b) UNIFORM RELOCATION ASSISTANCE ACT

24 AMENDMENTS.— 


rfrederick on DSK6VPTVN1PROD with BILLS
123 

HR 4348 RDS

1 (1) MOVING AND RELATED EXPENSES.—Sec2 tion 202 of the Uniform Relocation Assistance and 

3 Real Property Acquisition Policies Act of 1970 (42 

4 U.S.C. 4622) is amended— 

5 (A) in subsection (a)(4) by striking 

6 ‘‘$10,000’’ and inserting ‘‘$25,000, as adjusted 

7 by regulation, in accordance with section 

8 213(d)’’; and 

9 (B) in the second sentence of subsection 

10 (c) by striking ‘‘$20,000’’ and inserting 

11 ‘‘$40,000, as adjusted by regulation, in accord12 ance with section 213(d)’’. 

13 (2) REPLACEMENT HOUSING FOR HOME14 OWNERS.—The first sentence of section 203(a)(1) of 

15 the Uniform Relocation Assistance and Real Prop16 erty Acquisition Policies Act of 1970 (42 U.S.C. 

17 4623(a)(1)) is amended by— 

18 (A) striking ‘‘$22,500’’ and inserting 

19 ‘‘$31,000, as adjusted by regulation, in accord20 ance with section 213(d),’’; and 

21 (B) striking ‘‘one hundred and eighty days 

22 prior to’’ and inserting ‘‘90 days before’’. 

23 (3) REPLACEMENT HOUSING FOR TENANTS

24 AND CERTAIN OTHERS.—Section 204 of the Uniform 


rfrederick on DSK6VPTVN1PROD with BILLS
124 

HR 4348 RDS

1 Relocation Assistance and Real Property Acquisition 

2 Policies Act of 1970 (42 U.S.C. 4624) is amended— 

3 (A) in the second sentence of subsection 

4 (a) by striking ‘‘$5,250’’ and inserting ‘‘$7,200, 

5 as adjusted by regulation, in accordance with 

6 section 213(d)’’; and 

7 (B) in the second sentence of subsection 

8 (b) by striking ‘‘, except’’ and all that follows 

9 through the end of the subsection and inserting 

10 a period. 

11 (4) DUTIES OF LEAD AGENCY.—Section 213 of 

12 the Uniform Relocation Assistance and Real Prop13 erty Acquisition Policies Act of 1970 (42 U.S.C. 

14 4633) is amended— 

15 (A) in subsection (b)— 

16 (i) in paragraph (2) by striking 

17 ‘‘and’’; 

18 (ii) in paragraph (3) by striking the 

19 period and inserting ‘‘; and’’; and 

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

22 ‘‘(4) that each Federal agency that has pro23 grams or projects requiring the acquisition of real 

24 property or causing a displacement from real prop25 erty subject to the provisions of this Act shall proVerDate Mar 15 2010 02:45 Apr 25, 2012 Jkt 019200 PO 00000 Frm 00124 Fmt 6652 Sfmt 6201 E:\BILLS\H4348.RDS H4348

rfrederick on DSK6VPTVN1PROD with BILLS
125 

HR 4348 RDS

1 vide to the lead agency an annual summary report 

2 that describes the activities conducted by the Fed3 eral agency.’’; and 

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

5 ‘‘(d) ADJUSTMENT OF PAYMENTS.—The head of the 

6 lead agency may adjust, by regulation, the amounts of re7 location payments provided under sections 202(a)(4), 

8 202(c), 203(a), and 204(a) if the head of the lead agency 

9 determines that cost of living, inflation, or other factors 

10 indicate that the payments should be adjusted to meet the 

11 policy objectives of this Act.’’. 

12 (5) AGENCY COORDINATION.—Title II of the 

13 Uniform Relocation Assistance and Real Property 

14 Acquisition Policies Act of 1970 (42 U.S.C. 4601 et 

15 seq.) is amended by inserting after section 213 (42 

16 U.S.C. 4633) the following: 

17 ‘‘SEC. 214. AGENCY COORDINATION. 

18 ‘‘(a) AGENCY CAPACITY.—Each Federal agency re19 sponsible for funding or carrying out relocation and acqui20 sition activities shall have adequately trained personnel 

21 and such other resources as are necessary to manage and 

22 oversee the relocation and acquisition program of the Fed23 eral agency in accordance with this Act. 

24 ‘‘(b) INTERAGENCY AGREEMENTS.—Not later than 1 

25 year after the date of the enactment of this section, each 


rfrederick on DSK6VPTVN1PROD with BILLS
126 

HR 4348 RDS

1 Federal agency responsible for funding relocation and ac2 quisition activities (other than the agency serving as the 

3 lead agency) shall enter into a memorandum of under4 standing with the lead agency that— 

5 ‘‘(1) provides for periodic training of the per6 sonnel of the Federal agency, which in the case of 

7 a Federal agency that provides Federal financial as8 sistance, may include personnel of any displacing 

9 agency that receives Federal financial assistance; 

10 ‘‘(2) addresses ways in which the lead agency 

11 may provide assistance and coordination to the Fed12 eral agency relating to compliance with this Act on 

13 a program or project basis; and 

14 ‘‘(3) addresses the funding of the training, as15 sistance, and coordination activities provided by the 

16 lead agency, in accordance with subsection (c). 

17 ‘‘(c) INTERAGENCY PAYMENTS.— 

18 ‘‘(1) IN GENERAL.—For the fiscal year that be19 gins 1 year after the date of the enactment of this 

20 section, and each fiscal year thereafter, each Federal 

21 agency responsible for funding relocation and acqui22 sition activities (other than the agency serving as the 

23 lead agency) shall transfer to the lead agency for the 

24 fiscal year, such funds as are necessary, but not less 

25 than $35,000, to support the training, assistance, 


rfrederick on DSK6VPTVN1PROD with BILLS
127 

HR 4348 RDS

1 and coordination activities of the lead agency de2 scribed in subsection (b). 

3 ‘‘(2) INCLUDED COSTS.—The cost to a Federal 

4 agency of providing the funds described in para5 graph (1) shall be included as part of the cost of 1 

6 or more programs or projects undertaken by the 

7 Federal agency or with Federal financial assistance 

8 that result in the displacement of persons or the ac9 quisition of real property.’’. 

10 (c) COOPERATION WITH FEDERAL AGENCIES.—Sec11 tion 308(a) is amended to read as follows: 

12 ‘‘(a) AUTHORIZED ACTIVITIES.— 

13 ‘‘(1) IN GENERAL.—The Secretary may per14 form, by contract or otherwise, authorized engineer15 ing or other services in connection with the survey, 

16 construction, maintenance, or improvement of high17 ways for other Federal agencies, cooperating foreign 

18 countries, and State cooperating agencies. 

19 ‘‘(2) INCLUSIONS.—Services authorized under 

20 paragraph (1) may include activities authorized 

21 under section 214 of the Uniform Relocation Assist22 ance and Real Property Acquisition Policies Act of 

23 1970 (42 U.S.C. 4601 et seq.). 

24 ‘‘(3) REIMBURSEMENT.—Reimbursement for 

25 services carried out under this subsection, including 


rfrederick on DSK6VPTVN1PROD with BILLS
128 

HR 4348 RDS

1 depreciation on engineering and road-building equip2 ment, shall be credited to the applicable appropria3 tion.’’. 

Passed the House of Representatives April 18, 2012. 

Attest: KAREN L. HAAS, 

Clerk. 


rfrederick on DSK6VPTVN1PROD with BILLS