I 

108TH CONGRESS 

1ST SESSION H. R. 3585

To require the Secretary of Transportation to develop and implement an 

environmental review process for safety emergency highway projects. 

IN THE HOUSE OF REPRESENTATIVES 

NOVEMBER 21, 2003

Mr. BURGESS (for himself, Mr. BARTON of Texas, and Mr. SESSIONS) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure, and in addition to the Committee on Resources, for a period to be subsequently determined by the Speaker, in 

each case for consideration of such provisions as fall within the jurisdiction of the committee concerned 

A BILL

To require the Secretary of Transportation to develop and 

implement an environmental review process for safety 

emergency highway projects.

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

3 SECTION 1. ENVIRONMENTAL REVIEW PROCESS FOR SAFE4 TY EMERGENCY PROJECTS. 

5 (a) IN GENERAL.—Notwithstanding any other law, 

6 the Secretary of Transportation shall develop and imple7 ment a process for the expedited environmental review and 

8 approval of safety emergency highway construction or 
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1 maintenance projects that correct or improve hazardous 

2 locations on a highway. 

3 (b) REGULATIONS.—The Secretary shall issue regula4 tions that—

5 (1) allow the use of the expedited environmental 

6 review process for any project correcting or improv7 ing hazardous locations on a highway within the 

8 boundaries of a State where the motor vehicle acci9 dent rate at that location is at least 50 percent high10 er than the statewide average for similar classes of 

11 highways if the project only incudes roadway safety 

12 improvements that have a high potential to reduce 

13 the number of motor vehicle accidents; and 

14 (2) establish criteria for approving deviations 

15 from procedures established in regulations issued by 

16 the Secretary implementing the National Environ17 mental Policy Act of 1969 (42 U.S.C. 4321 et seq.). 

18 (c) USE BY OTHER FEDERAL AGENCIES.—Each 

19 Federal agency that—

20 (1) has jurisdiction by law over environmental21 related issues that may be affected by a project de22 scribed in subsection (b) and the analysis of which 

23 would be part of any environmental document re24 quired by the National Environmental Policy Act of 

25 1969 (42 U.S.C. 4321 et seq.); or 
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1 (2) may be required by Federal law to inde2 pendently—

3 (A) conduct an environmental-related re4 view or analysis for a project described in sub5 section (b); 

6 (B) determine whether to issue a permit, 

7 license, or approval for the project; or 

8 (C) render an opinion or recommendation 

9 on the environmental impact of the project, 

10 shall issue regulations providing for the expedited proc11 essing of, and approval of deviations for, the project by 

12 such agency. 

13 (d) INVOLVEMENT OF COUNCIL ON ENVIRONMENTAL

14 QUALITY.—A Federal agency approving a deviation under 

15 this section shall not be subject to the requirement to con16 sult with the Council on Environmental Quality under sec17 tion 1506.11 of title 40, Code of Federal Regulations.

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