Surface Transportation Project Delivery Program Improvement Act

To amend title 23, United States Code, to reform the surface transportation project delivery program. 1. Short title This Act may be cited as the Surface Transportation Project Delivery Program Improvement Act 2. Surface transportation project delivery program improvement (a) Written agreement Section 327(c) of title 23, United States Code, is amended— (1) in paragraph (3)(A), by inserting , and is solely responsible and liable for carrying out those responsibilities subsection (a) (2) in paragraph (4), by inserting reasonably considers necessary (b) Effect of assumption of responsibility Section 327(e) of title 23, United States Code, is amended— (1) by inserting and without further approval of in lieu of (2) by inserting (including the defense of any civil action under subsection (d)) assumed under subsection (a)(2) (c) Audits Section 327(g) of title 23, United States Code, is amended— (1) in paragraph (1), by striking shall conduct (A) not later than 180 days after the date of execution of an assignment agreement under this section, meet with the State to review implementation of the assignment agreement and discuss plans for the first annual audit; (B) conduct annual audits during each of the first 4 years of State participation; and (C) ensure that the time period for completing an annual audit, from initiation to completion (including public comment and responses to those comments), does not exceed 180 days. ; and (2) by adding at the end the following: (3) Audit team (A) In general An audit conducted under paragraph (1) shall be carried out by an audit team determined by the Secretary, in consultation with the State, in accordance with subparagraph (B). (B) Consultation Consultation with the State under subparagraph (A) shall include a reasonable opportunity for the State to review and provide comments on the proposed members of the audit team. (C) State designation (i) In general On request by the State, the audit team shall include not less than 1 member designated by the State, in consultation with the Secretary. (ii) Criteria A member designated by the State under clause (i) may be any person with relevant expertise and experience who is not an employee of the Secretary or of the State. . (d) Capacity building Section 327 of title 23, United States Code, is amended by adding at the end the following: (k) Capacity building The Secretary, in cooperation with the American Association of State Highway and Transportation Officials, shall carry out education, training, peer exchange, and other initiatives, as appropriate— (1) to assist States in developing the capacity to participate in the assignment program under this section; and (2) to promote information sharing and collaboration among States that are participating in the program. .

Summary: Surface Transportation Project Delivery Program Improvement Act This bill revises requirements for any written agreement under the surface transportation project delivery program that a state makes with the Department of Transportation (DOT) to assume responsibilities assigned by DOT with respect to one or more highway projects within the state under the National Environmental Policy Act of 1969. Such an agreement shall emphasize that the state is solely responsible and liable for carrying out DOT responsibilities, including the defense of any civil action, without further DOT approval, under the program. DOT shall: audit a participating state annually (currently, semiannually) for the first two as well as the last two years of the first four years of a state's particiaption; meet with the state to review implementation of its assignment agreement, and discuss plans for the first annual audit, within 180 days after execution of the agreement; and ensure that the time period for completing an annual audit, from initiation to completion (including public comment and responses to those comments), does not exceed 180 days. DOT shall also determine the team to carry out an audit, which shall include at least one member the state designates (who may have relevant expertise and experience and not be an employee of either the state or DOT). In cooperation with the American Association of State Highway and Transportation Officials, DOT shall carry out education, training, peer exchange, and other initiatives to: assist states in developing the capacity to participate in the assignment program, and promote information sharing and collaboration among states participating in the program.