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 enact-
ment of a multiyear law reauthorizing such programs, 
and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. TABLE OF CONTENTS. 
The table of contents for this Act is as follows: 
Sec. 1. Table of contents. 
TITLE I—SURFACE TRANSPORTATION EXTENSION 
Sec. 101. Short title. 
Subtitle A—Federal-Aid Highways 
Sec. 111. Extension of Federal-aid highway programs. 
Subtitle B—Extension of Highway Safety Programs 
Sec. 121. Extension of National Highway Traffic Safety Administration high-
way 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. 
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Sec. 602. Declaration of policy. 
Sec. 603. Exemption in emergencies. 
Sec. 604. Advance acquisition of real property interests. 
Sec. 605. Standards. 
Sec. 606. Letting of contracts. 
Sec. 607. Elimination of duplication in historic preservation requirements. 
Sec. 608. Funding threshold. 
Sec. 609. Efficient environmental reviews for project decisionmaking. 
Sec. 610. Disposal of historic properties. 
Sec. 611. Integration of planning and environmental review. 
Sec. 612. Development of programmatic mitigation plans. 
Sec. 613. State assumption of responsibility for categorical exclusions. 
Sec. 614. Surface transportation project delivery program. 
Sec. 615. Program for eliminating duplication of environmental reviews. 
Sec. 616. State performance of legal sufficiency reviews. 
Sec. 617. Categorical exclusions. 
Sec. 618. Environmental review process deadline. 
Sec. 619. Relocation assistance. 
TITLE I—SURFACE 
TRANSPORTATION EXTENSION 
SEC. 101. SHORT TITLE. 
This title may be cited as the ‘‘Surface Transpor-
tation Extension Act of 2012, Part II’’. 
Subtitle A—Federal-Aid Highways 
SEC. 111. EXTENSION OF FEDERAL-AID HIGHWAY PRO-
GRAMS. 
(a) IN GENERAL.—Section 111 of the Surface Trans-
portation Extension Act of 2011, Part II (Public Law 
112–30; 125 Stat. 343) is amended— 
(1) by striking ‘‘the period beginning on Octo-
ber 1, 2011, and ending on June 30, 2012,’’ each 
place it appears and inserting ‘‘fiscal year 2012’’; 
(2) by striking ‘‘3⁄4 of’’ each place it appears; 
and 
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(3) in subsection (a) by striking ‘‘June 30, 
2012’’ and inserting ‘‘September 30, 2012’’. 
(b) USE OF FUNDS.—Section 111(c) of the Surface 
Transportation Extension Act of 2011, Part II (125 Stat. 
343) is amended— 
(1) in paragraph (3)— 
(A) in subparagraph (A) by striking ‘‘, ex-
cept that during such period’’ and all that fol-
lows before the period at the end; and 
(B) in subparagraph (B)(ii) by striking 
‘‘$479,250,000’’ and inserting ‘‘$639,000,000’’; 
and 
(2) by striking paragraph (4). 
(c) EXTENSION OF AUTHORIZATIONS UNDER TITLE 
V OF SAFETEA–LU.—Section 111(e)(2) of the Surface 
Transportation Extension Act of 2011, Part II (125 Stat. 
343) is amended by striking ‘‘the period beginning on Oc-
tober 1, 2011, and ending on June 30, 2012.’’ and insert-
ing ‘‘fiscal year 2012.’’. 
(d) ADMINISTRATIVE EXPENSES.—Section 112(a) of 
the Surface Transportation Extension Act of 2011, Part 
II (125 Stat. 346) is amended by striking ‘‘$294,641,438 
for the period beginning on October 1, 2011, and ending 
on June 30, 2012.’’ and inserting ‘‘$392,855,250 for fiscal 
year 2012.’’. 
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Subtitle B—Extension of Highway 
Safety Programs 
SEC. 121. EXTENSION OF NATIONAL HIGHWAY TRAFFIC 
SAFETY ADMINISTRATION HIGHWAY SAFETY 
PROGRAMS. 
(a) CHAPTER 4 HIGHWAY SAFETY PROGRAMS.—Sec-
tion 2001(a)(1) of SAFETEA–LU (119 Stat. 1519) is 
amended by striking ‘‘$235,000,000 for each of fiscal 
years 2009 through 2011’’ and all that follows through 
the period at the end and inserting ‘‘and $235,000,000 
for each of fiscal years 2009 through 2012.’’. 
(b) HIGHWAY SAFETY RESEARCH AND DEVELOP-
MENT.—Section 2001(a)(2) of SAFETEA–LU (119 Stat. 
1519) is amended by striking ‘‘and $81,183,000 for the 
period beginning on October 1, 2011, and ending on June 
30, 2012.’’ and inserting ‘‘and $105,500,000 for fiscal 
year 2012.’’. 
(c) OCCUPANT PROTECTION INCENTIVE GRANTS.— 
Section 2001(a)(3) of SAFETEA–LU (119 Stat. 1519) 
is amended by striking ‘‘, $25,000,000 for each of fiscal 
years 2006 through 2011’’ and all that follows through 
the period at the end and inserting ‘‘and $25,000,000 for 
each of fiscal years 2006 through 2012.’’. 
(d) SAFETY BELT PERFORMANCE GRANTS.—Section 
2001(a)(4) of SAFETEA–LU (119 Stat. 1519) is amend-
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ed by striking ‘‘and $36,375,000 for the period beginning 
on October 1, 2011, and ending on June 30, 2012.’’ and 
inserting ‘‘and $48,500,000 for fiscal year 2012.’’. 
(e) STATE TRAFFIC SAFETY INFORMATION SYSTEM 
IMPROVEMENTS.—Section 2001(a)(5) of SAFETEA–LU 
(119 Stat. 1519) is amended by striking ‘‘for each of fiscal 
years 2006 through 2011’’ and all that follows through 
the period at the end and inserting ‘‘for each of fiscal 
years 2006 through 2012.’’. 
(f) 
ALCOHOL-IMPAIRED
DRIVING
COUNTER-
MEASURES
INCENTIVE
GRANT
PROGRAM.—Section 
2001(a)(6) of SAFETEA–LU (119 Stat. 1519) is amend-
ed by striking ‘‘$139,000,000 for each of fiscal years fiscal 
years 2009 through 2011’’ and all that follows through 
the period at the end and inserting ‘‘and $139,000,000 
for each of fiscal years 2009 through 2012.’’. 
(g) 
NATIONAL
DRIVER
REGISTER.—Section 
2001(a)(7) of SAFETEA–LU (119 Stat. 1520) is amend-
ed by striking ‘‘and $3,087,000 for the period beginning 
on October 1, 2011, and ending on June 30, 2012.’’ and 
inserting ‘‘and $4,000,000 for fiscal year 2012.’’. 
(h) HIGH VISIBILITY ENFORCEMENT PROGRAM.— 
Section 2001(a)(8) of SAFETEA–LU (119 Stat. 1520) 
is amended by striking ‘‘for each of fiscal years 2006 
through 2011’’ and all that follows through the period at 
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the end and inserting ‘‘for each of fiscal years 2006 
through 2012.’’. 
(i) MOTORCYCLIST SAFETY.—Section 2001(a)(9) of 
SAFETEA–LU (119 Stat. 1520) is amended by striking 
‘‘$7,000,000 for each of fiscal years 2009 through 2011’’ 
and all that follows through the period at the end and 
inserting ‘‘and $7,000,000 for each of fiscal years 2009 
through 2012.’’. 
(j) CHILD SAFETY AND CHILD BOOSTER SEAT SAFE-
TY
INCENTIVE
GRANTS.—Section 
2001(a)(10) 
of 
SAFETEA–LU (119 Stat. 1520) is amended by striking 
‘‘$7,000,000 for each of fiscal years 2009 through 2011’’ 
and all that follows through the period at the end and 
inserting ‘‘and $7,000,000 for each of fiscal years 2009 
through 2012.’’. 
(k) 
ADMINISTRATIVE
EXPENSES.—Section 
2001(a)(11) of SAFETEA–LU (119 Stat. 1520) is 
amended by striking ‘‘$25,328,000 for fiscal year 2011’’ 
and all that follows through the period at the end and 
inserting ‘‘and $25,328,000 for each of fiscal years 2011 
and 2012.’’. 
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SEC. 122. EXTENSION OF FEDERAL MOTOR CARRIER SAFE-
TY ADMINISTRATION PROGRAMS. 
(a) MOTOR
CARRIER
SAFETY
GRANTS.—Section 
31104(a)(8) of title 49, United States Code, is amended 
to read as follows: 
‘‘(8) $212,000,000 for fiscal year 2012.’’. 
(b) ADMINISTRATIVE EXPENSES.— 
(1) IN
GENERAL.—Section 31104(i)(1)(H) of 
title 49, United States Code, is amended to read as 
follows: 
‘‘(H) $244,144,000 for fiscal year 2012.’’. 
(2) 
TECHNICAL
CORRECTION.—Section 
31104(i)(1)(F) of title 49, United States Code, is 
amended to read as follows: 
‘‘(F) $239,828,000 for fiscal year 2010;’’. 
(c) 
GRANT
PROGRAMS.—Section 
4101(c) 
of 
SAFETEA–LU (119 Stat. 1715) is amended— 
(1) in paragraph 
(1) 
by 
striking 
‘‘and 
$22,500,000 for the period beginning on October 1, 
2011, and ending on June 30, 2012.’’ and inserting 
‘‘and $30,000,000 for fiscal year 2012.’’; 
(2) in paragraph (2) by striking ‘‘2011 and 
$24,000,000 for the period beginning on October 1, 
2011, and ending on June 30, 2012.’’ and inserting 
‘‘2012.’’; 
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(3) in paragraph (3) by striking ‘‘2011 and 
$3,750,000 for the period beginning on October 1, 
2011, and ending on June 30, 2012.’’ and inserting 
‘‘2012.’’; 
(4) in paragraph (4) by striking ‘‘2011 and 
$18,750,000 for the period beginning on October 1, 
2011, and ending on June 30, 2012.’’ and inserting 
‘‘2012.’’; and 
(5) in paragraph (5) by striking ‘‘2011 and 
$2,250,000 for the period beginning on October 1, 
2011, and ending on June 30, 2012.’’ and inserting 
‘‘2012.’’. 
(d) 
HIGH-PRIORITY
ACTIVITIES.—Section 
31104(k)(2) of title 49, United States Code, is amended 
by striking ‘‘2011 and $11,250,000 for the period begin-
ning on October 1, 2011, and ending on June 30, 2012,’’ 
and inserting ‘‘2012’’. 
(e) 
NEW
ENTRANT
AUDITS.—Section 
31144(g)(5)(B) of title 49, United States Code, is amend-
ed by striking ‘‘and up to $21,750,000 for the period be-
ginning on October 1, 2011, and ending on June 30, 
2012,’’. 
(f) OUTREACH AND EDUCATION.—Section 4127(e) of 
SAFETEA–LU (119 Stat. 1741) is amended by striking 
‘‘and 2011 (and $750,000 to the Federal Motor Carrier 
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Safety Administration, and $2,250,000 to the National 
Highway Traffic Safety Administration, for the period be-
ginning on October 1, 2011, and ending on June 30, 
2012)’’ and inserting ‘‘2011, and 2012’’. 
(g) GRANT PROGRAM FOR COMMERCIAL MOTOR VE-
HICLE OPERATORS.—Section 4134(c) of SAFETEA–LU 
(119 Stat. 1744) is amended by striking ‘‘2011 and 
$750,000 for the period beginning on October 1, 2011, 
and ending on June 30, 2012,’’ and inserting ‘‘2012’’. 
(h) MOTOR
CARRIER
SAFETY
ADVISORY
COM-
MITTEE.—Section 4144(d) of SAFETEA–LU (119 Stat. 
1748) is amended by striking ‘‘June 30, 2012’’ and insert-
ing ‘‘September 30, 2012’’. 
(i) WORKING GROUP FOR DEVELOPMENT OF PRAC-
TICES AND PROCEDURES TO ENHANCE FEDERAL-STATE 
RELATIONS.—Section 4213(d) of SAFETEA–LU (49 
U.S.C. 14710 note; 119 Stat. 1759) is amended by strik-
ing ‘‘June 30, 2012’’ and inserting ‘‘September 30, 
2012’’. 
SEC. 123. ADDITIONAL PROGRAMS. 
(a) 
HAZARDOUS
MATERIALS
RESEARCH 
PROJECTS.—Section 7131(c) of SAFETEA–LU (119 
Stat. 1910) is amended by striking ‘‘and $870,000 for the 
period beginning on October 1, 2011, and ending on June 
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30, 2012,’’ and inserting ‘‘and $1,160,000 for fiscal year 
2012’’. 
(b) DINGELL-JOHNSON SPORT FISH RESTORATION 
ACT.—Section 4 of the Dingell-Johnson Sport Fish Res-
toration Act (16 U.S.C. 777c) is amended— 
(1) in subsection (a) by striking ‘‘2011 and for 
the period beginning on October 1, 2011, and ending 
on June 30, 2012,’’ and inserting ‘‘2012,’’; and 
(2) in the first sentence of subsection (b)(1)(A) 
by striking ‘‘2011 and for the period beginning on 
October 1, 2011, and ending on June 30, 2012,’’ 
and inserting ‘‘2012,’’. 
Subtitle C—Public Transportation 
Programs 
SEC. 131. ALLOCATION OF FUNDS FOR PLANNING PRO-
GRAMS. 
Section 5305(g) of title 49, United States Code, is 
amended by striking ‘‘2011 and for the period beginning 
on October 1, 2011, and ending on June 30, 2012’’ and 
inserting ‘‘2012’’. 
SEC. 132. SPECIAL RULE FOR URBANIZED AREA FORMULA 
GRANTS. 
Section 5307(b)(2) of title 49, United States Code, 
is amended— 
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(1) by striking the paragraph heading and in-
serting ‘‘SPECIAL
RULE
FOR
FISCAL
YEARS
2005 
THROUGH 2012.—’’; 
(2) in subparagraph (A) by striking ‘‘2011 and 
the period beginning on October 1, 2011, and ending 
on June 30, 2012,’’ and inserting ‘‘2012,’’; and 
(3) in subparagraph (E)— 
(A) by striking the subparagraph heading 
and inserting ‘‘MAXIMUM AMOUNTS IN FISCAL 
YEARS 2008 THROUGH 2012.—’’; and 
(B) in the matter preceding clause (i) by 
striking ‘‘2011 and during the period beginning 
on October 1, 2011, and ending on June 30, 
2012’’ and inserting ‘‘2012’’. 
SEC. 133. ALLOCATING AMOUNTS FOR CAPITAL INVEST-
MENT GRANTS. 
Section 5309(m) of title 49, United States Code, is 
amended— 
(1) in paragraph (2)— 
(A) by striking the paragraph heading and 
inserting 
‘‘FISCAL
YEARS
2006
THROUGH 
2012.—’’; 
(B) in the matter preceding subparagraph 
(A) by striking ‘‘2011 and the period beginning 
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on October 1, 2011, and ending on June 30, 
2012,’’ and inserting ‘‘2012’’; and 
(C) in subparagraph (A)(i) by striking 
‘‘2011 and $150,000,000 for the period begin-
ning on October 1, 2011, and ending on June 
30, 2012,’’ and inserting ‘‘2012’’; 
(2) in paragraph (6)— 
(A) in subparagraph (B) by striking ‘‘2011 
and $11,250,000 shall be available for the pe-
riod beginning on October 1, 2011, and ending 
on June 30, 2012,’’ and inserting ‘‘2012’’; and 
(B) in subparagraph (C) by striking 
‘‘though 2011 and $3,750,000 shall be available 
for the period beginning on October 1, 2011, 
and ending on June 30, 2012,’’ and inserting 
‘‘through 2012’’; and 
(3) in paragraph (7)— 
(A) in subparagraph (A)— 
(i) in the matter preceding clause 
(i)— 
(I) in the first sentence by strik-
ing ‘‘2011 and $7,500,000 shall be 
available for the period beginning on 
October 1, 2011, and ending on June 
30, 2012,’’ and inserting ‘‘2012’’; and 
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(II) in the second sentence by in-
serting ‘‘each fiscal year’’ before the 
colon; 
(ii) in clause (i) by striking ‘‘for each 
fiscal year and $1,875,000 for the period 
beginning on October 1, 2011, and ending 
on June 30, 2012,’’; 
(iii) in clause (ii) by striking ‘‘for each 
fiscal year and $1,875,000 for the period 
beginning on October 1, 2011, and ending 
on June 30, 2012,’’; 
(iv) in clause (iii) by striking ‘‘for 
each fiscal year and $750,000 for the pe-
riod beginning on October 1, 2011, and 
ending on June 30, 2012,’’; 
(v) in clause (iv) by striking ‘‘for each 
fiscal year and $750,000 for the period be-
ginning on October 1, 2011, and ending on 
June 30, 2012,’’; 
(vi) in clause (v) by striking ‘‘for each 
fiscal year and $750,000 for the period be-
ginning on October 1, 2011, and ending on 
June 30, 2012,’’; 
(vii) in clause (vi) by striking ‘‘for 
each fiscal year and $750,000 for the pe-
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riod beginning on October 1, 2011, and 
ending on June 30, 2012,’’; 
(viii) in clause (vii) by striking ‘‘for 
each fiscal year and $487,500 for the pe-
riod beginning on October 1, 2011, and 
ending on June 30, 2012,’’; and 
(ix) in clause (viii) by striking ‘‘for 
each fiscal year and $262,500 for the pe-
riod beginning on October 1, 2011, and 
ending on June 30, 2012,’’; 
(B) in subparagraph (B) by striking clause 
(vii) and inserting the following: 
‘‘(vii) $13,500,000 for fiscal year 
2012.’’; 
(C) in subparagraph (C) by striking ‘‘and 
during the period beginning on October 1, 
2011, and ending on June 30, 2012,’’; 
(D) in subparagraph (D) by striking ‘‘and 
not less than $26,250,000 shall be available for 
the period beginning on October 1, 2011, and 
ending on June 30, 2012,’’; and 
(E) in subparagraph (E) by striking ‘‘and 
$2,250,000 shall be available for the period be-
ginning on October 1, 2011, and ending on 
June 30, 2012,’’. 
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SEC. 134. APPORTIONMENT OF FORMULA GRANTS FOR 
OTHER THAN URBANIZED AREAS. 
Section 5311(c)(1)(G) of title 49, United States 
Code, is amended to read as follows: 
‘‘(G) $15,000,000 for fiscal year 2012.’’. 
SEC. 135. APPORTIONMENT BASED ON FIXED GUIDEWAY 
FACTORS. 
Section 5337 of title 49, United States Code, is 
amended by striking subsection (g). 
SEC. 
136. 
AUTHORIZATIONS 
FOR 
PUBLIC 
TRANSPOR-
TATION. 
(a) FORMULA AND BUS GRANTS.—Section 5338(b) 
of title 49, United States Code, is amended— 
(1) in paragraph (1) by striking subparagraph 
(G) and inserting the following: 
‘‘(G) 
$8,360,565,000 
for 
fiscal 
year 
2012.’’; and 
(2) in paragraph (2)— 
(A) in subparagraph (A) by striking 
‘‘$113,500,000 for each of fiscal years 2009 
through 2011, and $85,125,000 for the period 
beginning on October 1, 2011, and ending on 
June 
30, 
2012,’’ 
and 
inserting 
‘‘and 
$113,500,000 for each of fiscal years 2009 
through 2012’’; 
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(B) in subparagraph (B) by striking 
‘‘$4,160,365,000 for each of fiscal years 2009 
through 2011, and $3,120,273,750 for the pe-
riod beginning on October 1, 2011, and ending 
on June 30, 2012,’’ and inserting ‘‘and 
$4,160,365,000 for each of fiscal years 2009 
through 2012’’; 
(C) in subparagraph (C) by striking 
‘‘$51,500,000 for each of fiscal years 2009 
through 2011, and $38,625,000 for the period 
beginning on October 1, 2011, and ending on 
June 
30, 
2012,’’ 
and 
inserting 
‘‘and 
$51,500,000 for each of fiscal years 2009 
through 2012’’; 
(D) in subparagraph (D) by striking 
‘‘$1,666,500,000 for each of fiscal years 2009 
through 2011, and $1,249,875,000 for the pe-
riod beginning on October 1, 2011, and ending 
on June 30, 2012,’’ and inserting ‘‘and 
$1,666,500,000 for each of fiscal years 2009 
through 2012’’; 
(E) in subparagraph (E) by striking 
‘‘$984,000,000 for each of fiscal years 2009 
through 2011, and $738,000,000 for the period 
beginning on October 1, 2011, and ending on 
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June 
30, 
2012,’’ 
and 
inserting 
‘‘and 
$984,000,000 for each of fiscal years 2009 
through 2012’’; 
(F) in subparagraph (F) by striking 
‘‘$133,500,000 for each of fiscal years 2009 
through 2011, and $100,125,000 for the period 
beginning on October 1, 2011, and ending on 
June 
30, 
2012,’’ 
and 
inserting 
‘‘and 
$133,500,000 for each of fiscal years 2009 
through 2012’’; 
(G) in subparagraph (G) by striking 
‘‘$465,000,000 for each of fiscal years 2009 
through 2011, and $348,750,000 for the period 
beginning on October 1, 2011, and ending on 
June 
30, 
2012,’’ 
and 
inserting 
‘‘and 
$465,000,000 for each of fiscal years 2009 
through 2012’’; 
(H) in subparagraph (H) by striking 
‘‘$164,500,000 for each of fiscal years 2009 
through 2011, and $123,375,000 for the period 
beginning on October 1, 2011, and ending on 
June 
30, 
2012,’’ 
and 
inserting 
‘‘and 
$164,500,000 for each of fiscal years 2009 
through 2012’’; 
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(I) in subparagraph (I) by striking 
‘‘$92,500,000 for each of fiscal years 2009 
through 2011, and $69,375,000 for the period 
beginning on October 1, 2011, and ending on 
June 
30, 
2012,’’ 
and 
inserting 
‘‘and 
$92,500,000 for each of fiscal years 2009 
through 2012’’; 
(J) in subparagraph (J) by striking 
‘‘$26,900,000 for each of fiscal years 2009 
through 2011, and $20,175,000 for the period 
beginning on October 1, 2011, and ending on 
June 
30, 
2012,’’ 
and 
inserting 
‘‘and 
$26,900,000 for each of fiscal years 2009 
through 2012’’; 
(K) in subparagraph (K) by striking ‘‘for 
each of fiscal years 2006 through 2011 and 
$2,625,000 for the period beginning on October 
1, 2011, and ending on June 30, 2012,’’ and 
inserting ‘‘for each of fiscal years 2006 through 
2012’’; 
(L) in subparagraph (L) by striking ‘‘for 
each of fiscal years 2006 through 2011 and 
$18,750,000 for the period beginning on Octo-
ber 1, 2011, and ending on June 30, 2012,’’ 
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and inserting ‘‘for each of fiscal years 2006 
through 2012’’; 
(M) in subparagraph (M) by striking 
‘‘$465,000,000 for each of fiscal years 2009 
through 2011, and $348,750,000 for the period 
beginning on October 1, 2011, and ending on 
June 
30, 
2012,’’ 
and 
inserting 
‘‘and 
$465,000,000 for each of fiscal years 2009 
through 2012’’; and 
(N) in subparagraph (N) by striking 
‘‘$8,800,000 for each of fiscal years 2009 
through 2011, and $6,600,000 for the period 
beginning on October 1, 2011, and ending on 
June 30, 2012,’’ and inserting ‘‘and $8,800,000 
for each of fiscal years 2009 through 2012’’. 
(b) 
CAPITAL
INVESTMENT
GRANTS.—Section 
5338(c)(7) of title 49, United States Code, is amended 
to read as follows: 
‘‘(7) $1,955,000,000 for fiscal year 2012.’’. 
(c) RESEARCH AND UNIVERSITY RESEARCH CEN-
TERS.—Section 5338(d) of title 49, United States Code, 
is amended— 
(1) in paragraph (1), in the matter preceding 
subparagraph (A), by striking ‘‘through 2011, and 
$33,000,000 for the period beginning on October 1, 
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2011, and ending on June 30, 2012,’’ and inserting 
‘‘through 2011, and $44,000,000 for fiscal year 
2012,’’; and 
(2) by striking paragraph (3) and inserting the 
following: 
‘‘(3) ADDITIONAL AUTHORIZATIONS.— 
‘‘(A) RESEARCH.—Of amounts authorized 
to be appropriated under paragraph (1) for fis-
cal year 2012, the Secretary shall allocate for 
each of the activities and projects described in 
subparagraphs (A) through (F) of paragraph 
(1) an amount equal to 63 percent of the 
amount allocated for fiscal year 2009 under 
each such subparagraph. 
‘‘(B) UNIVERSITY CENTERS PROGRAM.— 
‘‘(i) FISCAL
YEAR
2012.—Of the 
amounts allocated under subparagraph 
(A)(i) for the university centers program 
under section 5506 for fiscal year 2012, 
the Secretary shall allocate for each pro-
gram described in clauses (i) through (iii) 
and (v) through (viii) of paragraph (2)(A) 
an amount equal to 63 percent of the 
amount allocated for fiscal year 2009 
under each such clause. 
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ginning on October 1, 2011, and ending on June 30, 
2012,’’ and inserting ‘‘2012’’. 
(f) ALLOCATIONS FOR NATIONAL RESEARCH AND 
TECHNOLOGY PROGRAMS.—Section 3046 of SAFETEA– 
LU (49 U.S.C. 5338 note; 119 Stat. 1706) is amended— 
(1) in subsection (b) by striking ‘‘fiscal year or 
period’’ and inserting ‘‘fiscal year’’; and 
(2) by striking subsection (c)(2) and inserting 
the following: 
‘‘(2) for fiscal year 2012, in amounts equal to 
63 percent of the amounts allocated for fiscal year 
2009 under each of paragraphs (2), (3), (5), and (8) 
through (25) of subsection (a).’’. 
Subtitle D—Highway Trust Fund 
Extension 
SEC. 141. EXTENSION OF HIGHWAY-RELATED TAXES. 
(a) IN GENERAL.— 
(1) Each of the following provisions of the In-
ternal Revenue Code of 1986 is amended by striking 
‘‘June 30, 2012’’ and inserting ‘‘September 30, 
2012’’: 
(A) Section 4041(a)(1)(C)(iii)(I). 
(B) Section 4041(m)(1)(B). 
(C) Section 4081(d)(1). 
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(2) Each of the following provisions of such 
Code is amended by striking ‘‘July 1, 2012’’ and in-
serting ‘‘October 1, 2012’’: 
(A) Section 4041(m)(1)(A). 
(B) Section 4051(c). 
(C) Section 4071(d). 
(D) Section 4081(d)(3). 
(b) FLOOR STOCKS REFUNDS.—Section 6412(a)(1) 
of such Code is amended— 
(1) by striking ‘‘July 1, 2012’’ each place it ap-
pears and inserting ‘‘October 1, 2012’’; 
(2) by striking ‘‘December 31, 2012’’ each 
place it appears and inserting ‘‘March 31, 2013’’; 
and 
(3) by striking ‘‘October 1, 2012’’ and inserting 
‘‘January 1, 2013’’. 
(c) EXTENSION
OF CERTAIN EXEMPTIONS.—Sec-
tions 4221(a) and 4483(i) of such Code are each amended 
by striking ‘‘July 1, 2012’’ and inserting ‘‘October 1, 
2012’’. 
(d) EXTENSION
OF
TRANSFERS
OF
CERTAIN 
TAXES.— 
(1) IN GENERAL.—Section 9503 of such Code 
is amended— 
(A) in subsection (b)— 
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(i) by striking ‘‘July 1, 2012’’ each 
place it appears in paragraphs (1) and (2) 
and inserting ‘‘October 1, 2012’’; 
(ii) by striking ‘‘JULY 1, 2012’’ in the 
heading of paragraph (2) and inserting 
‘‘OCTOBER 1, 2012’’; 
(iii) by striking ‘‘June 30, 2012’’ in 
paragraph (2) and inserting ‘‘September 
30, 2012’’; and 
(iv) by striking ‘‘April 1, 2013’’ in 
paragraph (2) and inserting ‘‘July 1, 
2013’’; and 
(B) in subsection (c)(2), by striking ‘‘April 
1, 2013’’ and inserting ‘‘July 1, 2013’’. 
(2) MOTORBOAT AND SMALL-ENGINE FUEL TAX 
TRANSFERS.— 
(A) IN
GENERAL.—Paragraphs (3)(A)(i) 
and (4)(A) of section 9503(c) of such Code are 
each amended by striking ‘‘July 1, 2012’’ and 
inserting ‘‘October 1, 2012’’. 
(B) CONFORMING AMENDMENTS TO LAND 
AND
WATER
CONSERVATION
FUND.—Section 
201(b) of the Land and Water Conservation 
Fund Act of 1965 (16 U.S.C. 460l–11(b)) is 
amended— 
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(1) by striking ‘‘July 1, 2012’’ in subsections 
(b)(6)(B), (c)(1), and (e)(3) and inserting ‘‘October 
1, 2012’’; and 
(2) by striking ‘‘Surface Transportation Exten-
sion Act of 2012’’ in subsections (c)(1) and (e)(3) 
and inserting ‘‘Surface Transportation Extension 
Act of 2012, Part II’’. 
(b) SPORT FISH RESTORATION AND BOATING TRUST 
FUND.—Section 9504 of such Code is amended— 
(1) by striking ‘‘Surface Transportation Exten-
sion Act of 2012’’ each place it appears in sub-
section (b)(2) and inserting ‘‘Surface Transportation 
Extension Act of 2012, Part II’’; and 
(2) by striking ‘‘July 1, 2012’’ in subsection 
(d)(2) and inserting ‘‘October 1, 2012’’. 
(c) LEAKING UNDERGROUND STORAGE TANK TRUST 
FUND.—Paragraph (2) of section 9508(e) of such Code 
is amended by striking ‘‘July 1, 2012’’ and inserting ‘‘Oc-
tober 1, 2012’’. 
(d) EFFECTIVE DATE.—The amendments made by 
this section shall take effect on July 1, 2012. 
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TITLE II—KEYSTONE XL 
PIPELINE 
SEC. 201. SHORT TITLE. 
This title may be cited as the ‘‘North American En-
ergy Access Act’’. 
SEC. 202. RESTRICTION. 
(a) IN GENERAL.—No person may construct, oper-
ate, or maintain the oil pipeline and related facilities de-
scribed in subsection (b) except in accordance with a per-
mit issued under this title. 
(b) PIPELINE.—The pipeline and related facilities re-
ferred to in subsection (a) are those described in the Final 
Environmental Impact Statement for the Keystone XL 
Pipeline Project issued by the Department of State on Au-
gust 26, 2011, including any modified version of that pipe-
line and related facilities. 
SEC. 203. PERMIT. 
(a) ISSUANCE.— 
(1) BY FERC.—The Federal Energy Regulatory 
Commission shall, not later than 30 days after re-
ceipt of an application therefor, issue a permit with-
out additional conditions for the construction, oper-
ation, and maintenance of the oil pipeline and re-
lated facilities described in section 202(b), to be im-
plemented in accordance with the terms of the Final 
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Environmental Impact Statement described in sec-
tion 202(b). The Commission shall not be required 
to prepare a Record of Decision under section 
1505.2 of title 40 of the Code of Federal Regula-
tions with respect to issuance of the permit provided 
for in this section. 
(2) ISSUANCE IN ABSENCE OF FERC ACTION.— 
If the Federal Energy Regulatory Commission has 
not acted on an application for a permit described 
in paragraph (1) within 30 days after receiving such 
application, the permit shall be deemed to have been 
issued under this title upon the expiration of such 
30-day period. 
(b) MODIFICATION.— 
(1) IN GENERAL.—The applicant for or holder 
of a permit described in subsection (a) may make a 
substantial modification to the pipeline route or any 
other term of the Final Environmental Impact 
Statement described in section 202(b) only with the 
approval of the Federal Energy Regulatory Commis-
sion. The Commission shall expedite consideration of 
any such modification proposal. 
(2) NEBRASKA
MODIFICATION.—Within 30 
days after the date of enactment of this Act, the 
Federal Energy Regulatory Commission shall enter 
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into a memorandum of understanding with the State 
of Nebraska for an effective and timely review under 
the National Environmental Policy Act of 1969 of 
any modification to the proposed pipeline route in 
Nebraska as proposed by the applicant for the per-
mit described in subsection (a). Not later than 30 
days after receiving approval of such proposed modi-
fication from the Governor of Nebraska, the Com-
mission shall complete consideration of and approve 
such modification. 
(3) ISSUANCE IN ABSENCE OF FERC ACTION.— 
If the Federal Energy Regulatory Commission has 
not acted on an application for approval of a modi-
fication described in paragraph (2) within 30 days 
after receiving such application, such modification 
shall be deemed to have been issued under this title 
upon expiration of the 30-day period. 
(4) CONSTRUCTION DURING CONSIDERATION OF 
NEBRASKA MODIFICATION.—While any modification 
of the proposed pipeline route in Nebraska is under 
consideration pursuant to paragraph (2), the holder 
of the permit issued under subsection (a) may com-
mence or continue with construction of any portion 
of the pipeline and related facilities described in sec-
tion 202(b) that is not within the State of Nebraska. 
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(c) NATIONAL ENVIRONMENTAL POLICY ACT
OF 
1969.—Except for actions taken under subsection (b)(1), 
the actions taken pursuant to this title shall be taken with-
out further action under the National Environmental Pol-
icy Act of 1969 (42 U.S.C. 4321 et seq.). 
SEC. 204. RELATION TO OTHER LAW. 
(a) GENERAL RULE.—Notwithstanding Executive 
Order No. 13337 (3 U.S.C. 301 note), Executive Order 
No. 11423 (3 U.S.C. 301 note), section 301 of title 3, 
United States Code, and any other Executive order or pro-
vision of law, no presidential permits shall be required for 
the construction, operation, and maintenance of the pipe-
line and related facilities described in section 202(b) of 
this Act. 
(b) APPLICABILITY.—Nothing in this title shall affect 
the application to the pipeline and related facilities de-
scribed in section 202(b) of— 
(1) chapter 601 of title 49, United States Code; 
or 
(2) the authority of the Federal Energy Regu-
latory Commission to regulate oil pipeline rates and 
services. 
(c) FINAL ENVIRONMENTAL IMPACT STATEMENT.— 
The final environmental impact statement issued by the 
Secretary of State on August 26, 2011, shall be considered 
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to satisfy all requirements of the National Environmental 
Policy Act of 1969 (42 U.S.C. 4321 et seq.). 
TITLE III—RESTORE ACT 
SEC. 301. SHORT TITLE. 
This title may be cited as the ‘‘Resources and Eco-
systems Sustainability, Tourist Opportunities, and Re-
vived Economies of the Gulf Coast States Act of 2012’’. 
SEC. 302. GULF COAST RESTORATION TRUST FUND. 
(a) ESTABLISHMENT.—There is established in the 
Treasury of the United States a trust fund to be known 
as the ‘‘Gulf Coast Restoration Trust Fund’’ (referred to 
in this section as the ‘‘Trust Fund’’), consisting of such 
amounts as are deposited in the Trust Fund under this 
section or any other provision of law. 
(b) TRANSFERS.—The Secretary of the Treasury 
shall deposit in the Trust Fund an amount equal to 80 
percent of all administrative and civil penalties paid by 
responsible parties after the date of enactment of this title 
in connection with the explosion on, and sinking of, the 
mobile offshore drilling unit Deepwater Horizon pursuant 
to a court order, negotiated settlement, or other instru-
ment in accordance with section 311 of the Federal Water 
Pollution Control Act (33 U.S.C. 1321). 
(c) EXPENDITURES.—Amounts in the Trust Fund, 
including interest earned on advances to the Trust Fund 
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and proceeds from investment under subsection (d), shall 
be available, pursuant to a future Act of Congress enacted 
after the date of enactment of this Act— 
(1) for expenditure to restore the Gulf Coast re-
gion from the Deepwater Horizon oil spill for under-
taking projects and programs in the Gulf Coast re-
gion that would restore and protect the natural re-
sources, ecosystems, fisheries, marine and wildlife 
habitats, beaches, coastal wetlands, and economy of 
the Gulf Coast region; and 
(2) solely to Gulf Coast States and coastal po-
litical subdivisions to restore the ecosystems and 
economy of the Gulf Coast region. 
(d) INVESTMENT.—Amounts in the Trust Fund shall 
be invested in accordance with section 9702 of title 31, 
United States Code, and any interest on, and proceeds 
from, any such investment shall be available for expendi-
ture in accordance with this section. 
(e) DEFINITIONS.—In this section: 
(1) COASTAL
POLITICAL
SUBDIVISION.—The 
term ‘‘coastal political subdivision’’ means any local 
political jurisdiction that is immediately below the 
State level of government, including a county, par-
ish, or borough, with a coastline that is contiguous 
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with any portion of the United States Gulf of Mex-
ico. 
(2) DEEPWATER
HORIZON
OIL
SPILL.—The 
term ‘‘Deepwater Horizon oil spill’’ means the blow-
out and explosion of the mobile offshore drilling unit 
Deepwater Horizon that occurred on April 20, 2010, 
and resulting hydrocarbon releases into the environ-
ment. 
(3) GULF
COAST
REGION.—The term ‘‘Gulf 
Coast region’’ means— 
(A) in the Gulf Coast States, the coastal 
zones (as that term is defined in section 304 of 
the Coastal Zone Management Act of 1972 (16 
U.S.C. 1453)) that border the Gulf of Mexico; 
(B) any adjacent land, water, and water-
sheds, that are within 25 miles of those coastal 
zones of the Gulf Coast States; and 
(C) all Federal waters in the Gulf of Mex-
ico. 
(4) GULF
COAST
STATE.—The term ‘‘Gulf 
Coast State’’ means any of the States of Alabama, 
Florida, Louisiana, Mississippi, and Texas. 
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TITLE IV—HARBOR 
MAINTENANCE PROGRAMS 
SEC. 401. FUNDING FOR HARBOR MAINTENANCE PRO-
GRAMS. 
(a) HARBOR MAINTENANCE TRUST FUND GUAR-
ANTEE.— 
(1) IN GENERAL.—The total budget resources 
for a fiscal year shall be equal to the level of receipts 
for harbor maintenance for that fiscal year. Such 
amounts shall be used only for harbor maintenance 
programs. 
(2) GUARANTEE.—No funds may be appro-
priated for harbor maintenance programs unless the 
amount under paragraph (1) has been provided for 
all such programs. 
(b) DEFINITIONS.—In this section, the following defi-
nitions apply: 
(1) HARBOR
MAINTENANCE
PROGRAMS.—The 
term ‘‘harbor maintenance programs’’ means ex-
penditures under section 9505(c)(1) of the Internal 
Revenue Code of 1986 (relating to expenditures 
from the Harbor Maintenance Trust Fund). 
(2) LEVEL OF RECEIPTS FOR HARBOR MAINTE-
NANCE.—The term ‘‘level of receipts for harbor 
maintenance’’ means the level of taxes credited to 
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the Harbor Maintenance Trust Fund under section 
9505(a)(1) of the Internal Revenue Code of 1986 
for a fiscal year as set forth in the President’s budg-
et baseline projection as defined in section 257 of 
the Balanced Budget and Emergency Deficit Control 
Act of 1985 (Public Law 99–177) for that fiscal 
year submitted pursuant to section 1105 of title 31, 
United States Code, reduced by the amount re-
quested in such President’s budget for payments de-
scribed in section 9505(c)(3) of the Internal Rev-
enue Code of 1986. 
(3) TOTAL
BUDGET
RESOURCES.—The term 
‘‘total budget resources’’ means the total amount 
made available by appropriations Acts from the Har-
bor Maintenance Trust Fund for a fiscal year for 
making expenditures under section 9505(c)(1) of the 
Internal Revenue Code of 1986. 
TITLE V—COAL COMBUSTION 
RESIDUALS 
SEC. 
501. 
HIGHWAY 
AND 
INFRASTRUCTURE 
SAFETY 
THROUGH THE PROTECTION OF COAL COM-
BUSTION RESIDUAL RECYCLING. 
(a) IN GENERAL.—Subtitle D of the Solid Waste Dis-
posal Act (42 U.S.C. 6941 et seq.) is amended by adding 
at the end the following new section: 
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‘‘SEC. 4011. MANAGEMENT AND DISPOSAL OF COAL COM-
BUSTION RESIDUALS. 
‘‘(a) STATE PERMIT PROGRAMS FOR COAL COMBUS-
TION RESIDUALS.—Each State may adopt and implement 
a coal combustion residuals permit program. 
‘‘(b) STATE ACTIONS.— 
‘‘(1) NOTIFICATION.—Not later than 6 months 
after the date of enactment of this section (except 
as provided by the deadline identified under sub-
section (d)(2)(B)), the Governor of each State shall 
notify the Administrator, in writing, whether such 
State will adopt and implement a coal combustion 
residuals permit program. 
‘‘(2) CERTIFICATION.— 
‘‘(A) IN
GENERAL.—Not later than 36 
months after the date of enactment of this sec-
tion (except as provided in subsections (f)(1)(A) 
and (f)(1)(C)), in the case of a State that has 
notified the Administrator that it will imple-
ment a coal combustion residuals permit pro-
gram, the head of the lead State agency respon-
sible for implementing the coal combustion re-
siduals permit program shall submit to the Ad-
ministrator a certification that such coal com-
bustion residuals permit program meets the 
specifications described in subsection (c)(1). 
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‘‘(B) CONTENTS.—A certification sub-
mitted under this paragraph shall include— 
‘‘(i) a letter identifying the lead State 
agency responsible for implementing the 
coal combustion residuals permit program, 
signed by the head of such agency; 
‘‘(ii) identification of any other State 
agencies involved with the implementation 
of the coal combustion residuals permit 
program; 
‘‘(iii) a narrative description that pro-
vides an explanation of how the State will 
ensure that the coal combustion residuals 
permit program meets the requirements of 
this section, including a description of the 
State’s— 
‘‘(I) process to inspect or other-
wise determine compliance with such 
permit program; 
‘‘(II) process to enforce the re-
quirements of such permit program; 
and 
‘‘(III) public participation proc-
ess for the promulgation, amendment, 
or repeal of regulations for, and the 
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issuance of permits under, such per-
mit program; 
‘‘(iv) a legal certification that the 
State has, at the time of certification, fully 
effective statutes or regulations necessary 
to implement a coal combustion residuals 
permit program that meets the specifica-
tions described in subsection (c)(1); and 
‘‘(v) copies of State statutes and regu-
lations described in clause (iv). 
‘‘(3) MAINTENANCE OF 4005(C) OR 3006 PRO-
GRAM.—In order to adopt or implement a coal com-
bustion residuals permit program under this section 
(including pursuant to subsection (f)), the State 
agency responsible for implementing a coal combus-
tion residuals permit program in a State shall main-
tain an approved program under section 4005(c) or 
an authorized program under section 3006. 
‘‘(c) PERMIT PROGRAM SPECIFICATIONS.— 
‘‘(1) MINIMUM REQUIREMENTS.—The specifica-
tions described in this subsection for a coal combus-
tion residuals permit program are as follows: 
‘‘(A) The revised criteria described in 
paragraph (2) shall apply to a coal combustion 
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residuals permit program, except as provided in 
paragraph (3). 
‘‘(B) Each structure shall be, in accord-
ance with generally accepted engineering stand-
ards for the structural integrity of such struc-
tures, designed, constructed, and maintained to 
provide for containment of the maximum vol-
umes of coal combustion residuals appropriate 
for the structure. If a structure is determined 
by the head of the agency responsible for imple-
menting the coal combustion residuals permit 
program to be deficient, the head of such agen-
cy has authority to require action to correct the 
deficiency according to a schedule determined 
by such agency. If the identified deficiency is 
not corrected according to such schedule, the 
head of such agency has authority to require 
that the structure close in accordance with sub-
section (h). 
‘‘(C) The coal combustion residuals permit 
program shall apply the revised criteria promul-
gated pursuant to section 4010(c) for location, 
design, groundwater monitoring, corrective ac-
tion, financial assurance, closure, and post-clo-
sure described in paragraph (2) and the speci-
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fications described in this paragraph to surface 
impoundments. 
‘‘(D) If a structure that is classified as 
posing a high hazard potential pursuant to the 
guidelines published by the Federal Emergency 
Management Agency entitled ‘Federal Guide-
lines for Dam Safety: Hazard Potential Classi-
fication System for Dams’ (FEMA Publication 
Number 333) is determined by the head of the 
agency responsible for implementing the coal 
combustion residuals permit program to be defi-
cient with respect to the structural integrity re-
quirement in subparagraph (B), the head of 
such agency has authority to require action to 
correct the deficiency according to a schedule 
determined by such agency. If the identified de-
ficiency is not corrected according to such 
schedule, the head of such agency has authority 
to require that the structure close in accordance 
with subsection (h). 
‘‘(E) New structures that first receive coal 
combustion residuals after the date of enact-
ment of this section shall be constructed with a 
base located a minimum of two feet above the 
upper limit of the natural water table. 
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‘‘(F) In the case of a coal combustion re-
siduals permit program implemented by a 
State, the State has the authority to inspect 
structures and implement and enforce such per-
mit program. 
‘‘(G) In the case of a coal combustion re-
siduals permit program implemented by a 
State, the State has the authority to address 
wind dispersal of dust from coal combustion re-
siduals by requiring dust control measures, as 
determined appropriate by the head of the lead 
State agency responsible for implementing the 
coal combustion residuals permit program. 
‘‘(2) REVISED CRITERIA.—The revised criteria 
described in this paragraph are— 
‘‘(A) the revised criteria for design, 
groundwater monitoring, corrective action, clo-
sure, and post-closure, for structures, includ-
ing— 
‘‘(i) for new structures, and lateral ex-
pansions of existing structures, that first 
receive coal combustion residuals after the 
date of enactment of this section, the re-
vised criteria regarding design require-
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ments described in section 258.40 of title 
40, Code of Federal Regulations; and 
‘‘(ii) for all structures that receive 
coal combustion residuals after the date of 
enactment of this section, the revised cri-
teria regarding groundwater monitoring 
and corrective action requirements de-
scribed in subpart E of part 258 of title 
40, Code of Federal Regulations, except 
that, for the purposes of this paragraph, 
such revised criteria shall also include— 
‘‘(I) for the purposes of detection 
monitoring, the constituents boron, 
chloride, conductivity, fluoride, mer-
cury, pH, sulfate, sulfide, and total 
dissolved solids; and 
‘‘(II) for the purposes of assess-
ment monitoring, the constituents alu-
minum, boron, chloride, fluoride, iron, 
manganese, molybdenum, pH, sulfate, 
and total dissolved solids; 
‘‘(B) the revised criteria for location re-
strictions described in— 
‘‘(i) for new structures, and lateral ex-
pansions of existing structures, that first 
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receive coal combustion residuals after the 
date of enactment of this section, sections 
258.11 through 258.15 of title 40, Code of 
Federal Regulations; and 
‘‘(ii) for existing structures that re-
ceive coal combustion residuals after the 
date of enactment of this section, sections 
258.11 and 258.15 of title 40, Code of 
Federal Regulations; 
‘‘(C) for all structures that receive coal 
combustion residuals after the date of enact-
ment of this section, the revised criteria for air 
quality described in section 258.24 of title 40, 
Code of Federal Regulations; 
‘‘(D) for all structures that receive coal 
combustion residuals after the date of enact-
ment of this section, the revised criteria for fi-
nancial assurance described in subpart G of 
part 258 of title 40, Code of Federal Regula-
tions; 
‘‘(E) for all structures that receive coal 
combustion residuals after the date of enact-
ment of this section, the revised criteria for sur-
face water described in section 258.27 of title 
40, Code of Federal Regulations; 
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‘‘(F) for all structures that receive coal 
combustion residuals after the date of enact-
ment of this section, the revised criteria for rec-
ordkeeping described in section 258.29 of title 
40, Code of Federal Regulations; 
‘‘(G) for landfills and other land-based 
units, other than surface impoundments, that 
receive coal combustion residuals after the date 
of enactment of this section, the revised criteria 
for run-on and run-off control systems de-
scribed in section 258.26 of title 40, Code of 
Federal Regulations; and 
‘‘(H) for surface impoundments that re-
ceive coal combustion residuals after the date of 
enactment of this section, the revised criteria 
for run-off control systems described in section 
258.26(a)(2) of title 40, Code of Federal Regu-
lations. 
‘‘(3) APPLICABILITY
OF
CERTAIN
REQUIRE-
MENTS.—A State may determine that one or more 
of the requirements of the revised criteria described 
in paragraph (2) is not needed for the management 
of coal combustion residuals in that State, and may 
decline to apply such requirement as part of its coal 
combustion residuals permit program. If a State de-
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clines to apply a requirement under this paragraph, 
the State shall include in the certification under sub-
section (b)(2) a description of such requirement and 
the reasons such requirement is not needed in the 
State. If the Administrator determines that a State 
determination under this paragraph does not accu-
rately reflect the needs for the management of coal 
combustion residuals in the State, the Administrator 
may treat such State determination as a deficiency 
under subsection (d). 
‘‘(d) WRITTEN NOTICE AND OPPORTUNITY TO REM-
EDY.— 
‘‘(1) IN
GENERAL.—The Administrator shall 
provide to a State written notice and an opportunity 
to remedy deficiencies in accordance with paragraph 
(2) if at any time the State— 
‘‘(A) does not satisfy the notification re-
quirement under subsection (b)(1); 
‘‘(B) has not submitted a certification 
under subsection (b)(2); 
‘‘(C) does not satisfy the maintenance re-
quirement under subsection (b)(3); or 
‘‘(D) is not implementing a coal combus-
tion residuals permit program that meets the 
specifications described in subsection (c)(1). 
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‘‘(2) CONTENTS OF NOTICE; DEADLINE FOR RE-
SPONSE.—A notice provided under this subsection 
shall— 
‘‘(A) include findings of the Administrator 
detailing any applicable deficiencies in— 
‘‘(i) compliance by the State with the 
notification requirement under subsection 
(b)(1); 
‘‘(ii) compliance by the State with the 
certification requirement under subsection 
(b)(2); 
‘‘(iii) compliance by the State with the 
maintenance requirement under subsection 
(b)(3); and 
‘‘(iv) the State coal combustion re-
siduals permit program in meeting the 
specifications 
described 
in 
subsection 
(c)(1); and 
‘‘(B) identify, in collaboration with the 
State, a reasonable deadline, which shall be not 
sooner than 6 months after the State receives 
the notice, by which the State shall remedy the 
deficiencies detailed under subparagraph (A). 
‘‘(e) IMPLEMENTATION BY ADMINISTRATOR.— 
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‘‘(1) IN
GENERAL.—The Administrator shall 
implement a coal combustion residuals permit pro-
gram for a State only in the following cir-
cumstances: 
‘‘(A) If the Governor of such State notifies 
the Administrator under subsection (b)(1) that 
such State will not adopt and implement such 
a permit program. 
‘‘(B) If such State has received a notice 
under subsection (d) and, after any review 
brought by the State under section 7006, fails, 
by the deadline identified in such notice under 
subsection (d)(2)(B), to remedy the deficiencies 
detailed in such notice under subsection 
(d)(2)(A). 
‘‘(C) If such State informs the Adminis-
trator, in writing, that such State will no longer 
implement such a permit program. 
‘‘(2) REQUIREMENTS.—If the Administrator 
implements a coal combustion residuals permit pro-
gram for a State under paragraph (1), such permit 
program shall consist of the specifications described 
in subsection (c)(1). 
‘‘(3) ENFORCEMENT.—If the Administrator im-
plements a coal combustion residuals permit pro-
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gram for a State under paragraph (1), the authori-
ties referred to in section 4005(c)(2)(A) shall apply 
with respect to coal combustion residuals and struc-
tures and the Administrator may use such authori-
ties to inspect, gather information, and enforce the 
requirements of this section in the State. 
‘‘(f) STATE CONTROL AFTER IMPLEMENTATION BY 
ADMINISTRATOR.— 
‘‘(1) STATE CONTROL.— 
‘‘(A) NEW ADOPTION AND IMPLEMENTA-
TION BY STATE.—For a State for which the 
Administrator is implementing a coal combus-
tion residuals permit program under subsection 
(e)(1)(A), the State may adopt and implement 
such a permit program by— 
‘‘(i) notifying the Administrator that 
the State will adopt and implement such a 
permit program; 
‘‘(ii) not later than 6 months after the 
date of such notification, submitting to the 
Administrator a certification under sub-
section (b)(2); and 
‘‘(iii) receiving from the Adminis-
trator— 
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‘‘(I) a determination that the 
State coal combustion residuals per-
mit program meets the specifications 
described in subsection (c)(1); and 
‘‘(II) a timeline for transition of 
control of the coal combustion residu-
als permit program. 
‘‘(B) REMEDYING DEFICIENT PERMIT PRO-
GRAM.—For a State for which the Adminis-
trator is implementing a coal combustion re-
siduals 
permit 
program 
under 
subsection 
(e)(1)(B), the State may adopt and implement 
such a permit program by— 
‘‘(i) remedying the deficiencies de-
tailed in the notice provided under sub-
section (d)(2)(A); and 
‘‘(ii) receiving from the Adminis-
trator— 
‘‘(I) a determination that the de-
ficiencies detailed in such notice have 
been remedied; and 
‘‘(II) a timeline for transition of 
control of the coal combustion residu-
als permit program. 
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‘‘(C) RESUMPTION
OF
IMPLEMENTATION 
BY STATE.—For a State for which the Adminis-
trator is implementing a coal combustion re-
siduals 
permit 
program 
under 
subsection 
(e)(1)(C), the State may adopt and implement 
such a permit program by— 
‘‘(i) notifying the Administrator that 
the State will adopt and implement such a 
permit program; 
‘‘(ii) not later than 6 months after the 
date of such notification, submitting to the 
Administrator a certification under sub-
section (b)(2); and 
‘‘(iii) receiving from the Adminis-
trator— 
‘‘(I) a determination that the 
State coal combustion residuals per-
mit program meets the specifications 
described in subsection (c)(1); and 
‘‘(II) a timeline for transition of 
control of the coal combustion residu-
als permit program. 
‘‘(2) REVIEW OF DETERMINATION.— 
‘‘(A) DETERMINATION
REQUIRED.—The 
Administrator shall make a determination 
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under paragraph (1) not later than 90 days 
after the date on which the State submits a cer-
tification 
under 
paragraph 
(1)(A)(ii) 
or 
(1)(C)(ii), or notifies the Administrator that the 
deficiencies have been remedied pursuant to 
paragraph (1)(B)(i), as applicable. 
‘‘(B) REVIEW.—A State may obtain a re-
view of a determination by the Administrator 
under paragraph (1) as if such determination 
was a final regulation for purposes of section 
7006. 
‘‘(3) IMPLEMENTATION DURING TRANSITION.— 
‘‘(A) EFFECT ON ACTIONS AND ORDERS.— 
Actions taken or orders issued pursuant to a 
coal combustion residuals permit program shall 
remain in effect if— 
‘‘(i) a State takes control of its coal 
combustion residuals permit program from 
the Administrator under paragraph (1); or 
‘‘(ii) the Administrator takes control 
of a coal combustion residuals permit pro-
gram from a State under subsection (e). 
‘‘(B) CHANGE
IN
REQUIREMENTS.—Sub-
paragraph (A) shall apply to such actions and 
orders until such time as the Administrator or 
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the head of the lead State agency responsible 
for implementing the coal combustion residuals 
permit program, as applicable— 
‘‘(i) implements changes to the re-
quirements of the coal combustion residu-
als permit program with respect to the 
basis for the action or order; or 
‘‘(ii) certifies the completion of a cor-
rective action that is the subject of the ac-
tion or order. 
‘‘(4) SINGLE
PERMIT
PROGRAM.—If a State 
adopts and implements a coal combustion residuals 
permit program under this subsection, the Adminis-
trator shall cease to implement the permit program 
implemented under subsection (e) for such State. 
‘‘(g) EFFECT ON DETERMINATION UNDER 4005(C) 
OR 3006.—The Administrator shall not consider the im-
plementation of a coal combustion residuals permit pro-
gram by the Administrator under subsection (e) in making 
a determination of approval for a permit program or other 
system of prior approval and conditions under section 
4005(c) or of authorization for a program under section 
3006. 
‘‘(h) CLOSURE.—If it is determined, pursuant to a 
coal combustion residuals permit program, that a struc-
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ture should close, the time period and method for the clo-
sure of such structure shall be set forth in a closure plan 
that establishes a deadline for completion and that takes 
into account the nature and the site-specific characteris-
tics of the structure to be closed. In the case of a surface 
impoundment, the closure plan shall require, at a min-
imum, the removal of liquid and the stabilization of re-
maining waste, as necessary to support the final cover. 
‘‘(i) AUTHORITY.— 
‘‘(1) STATE AUTHORITY.—Nothing in this sec-
tion shall preclude or deny any right of any State to 
adopt or enforce any regulation or requirement re-
specting coal combustion residuals that is more 
stringent or broader in scope than a regulation or 
requirement under this section. 
‘‘(2) AUTHORITY OF THE ADMINISTRATOR.— 
‘‘(A) IN GENERAL.—Except as provided in 
subsection (e) of this section and section 6005 
of this title, the Administrator shall, with re-
spect to the regulation of coal combustion re-
siduals, defer to the States pursuant to this sec-
tion. 
‘‘(B) IMMINENT HAZARD.—Nothing in this 
section shall be construed to affect the author-
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ity of the Administrator under section 7003 
with respect to coal combustion residuals. 
‘‘(C) TECHNICAL AND ENFORCEMENT AS-
SISTANCE
ONLY
UPON
REQUEST.—Upon re-
quest from the head of a lead State agency that 
is implementing a coal combustion residuals 
permit program, the Administrator may provide 
to such State agency only the technical or en-
forcement assistance requested. 
‘‘(3) CITIZEN SUITS.—Nothing in this section 
shall be construed to affect the authority of a person 
to commence a civil action in accordance with sec-
tion 7002. 
‘‘(j) MINE RECLAMATION ACTIVITIES.—A coal com-
bustion residuals permit program implemented under sub-
section (e) by the Administrator shall not apply to the uti-
lization, placement, and storage of coal combustion residu-
als at surface mining and reclamation operations. 
‘‘(k) DEFINITIONS.—In this section: 
‘‘(1) 
COAL
COMBUSTION
RESIDUALS.—The 
term ‘coal combustion residuals’ means— 
‘‘(A) the solid wastes listed in section 
3001(b)(3)(A)(i), including recoverable mate-
rials from such wastes; 
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‘‘(B) coal combustion wastes that are co- 
managed with wastes produced in conjunction 
with the combustion of coal, provided that such 
wastes are not segregated and disposed of sepa-
rately from the coal combustion wastes and 
comprise a relatively small proportion of the 
total wastes being disposed in the structure; 
‘‘(C) fluidized bed combustion wastes; 
‘‘(D) wastes from the co-burning of coal 
with non-hazardous secondary materials pro-
vided that coal makes up at least 50 percent of 
the total fuel burned; and 
‘‘(E) wastes from the co-burning of coal 
with materials described in subparagraph (A) 
that are recovered from monofills. 
‘‘(2) COAL
COMBUSTION
RESIDUALS
PERMIT 
PROGRAM.—The term ‘coal combustion residuals 
permit program’ means a permit program or other 
system of prior approval and conditions that is 
adopted by or for a State for the management and 
disposal of coal combustion residuals to the extent 
such activities occur in structures in such State. 
‘‘(3) STRUCTURE.—The term ‘structure’ means 
a landfill, surface impoundment, or other land-based 
unit which may receive coal combustion residuals. 
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‘‘(4) REVISED
CRITERIA.—The term ‘revised 
criteria’ means the criteria promulgated for munic-
ipal solid waste landfill units under section 4004(a) 
and under section 1008(a)(3), as revised under sec-
tion 4010(c) in accordance with the requirement of 
such section that the criteria protect human health 
and the environment.’’. 
(b) 2000 REGULATORY DETERMINATION.—Nothing 
in this section, or the amendments made by this section, 
shall be construed to alter in any manner the Environ-
mental Protection Agency’s regulatory determination enti-
tled ‘‘Notice of Regulatory Determination on Wastes from 
the Combustion of Fossil Fuels’’, published at 65 Fed. 
Reg. 32214 (May 22, 2000), that the fossil fuel combus-
tion wastes addressed in that determination do not war-
rant regulation under subtitle C of the Solid Waste Dis-
posal Act (42 U.S.C. 6921 et seq.). 
(c) CONFORMING AMENDMENT.—The table of con-
tents contained in section 1001 of the Solid Waste Dis-
posal Act is amended by inserting after the item relating 
to section 4010 the following: 
‘‘Sec. 4011. Management and disposal of coal combustion residuals.’’. 
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TITLE VI—ENVIRONMENTAL 
STREAMLINING 
SEC. 601. AMENDMENTS TO TITLE 23, UNITED STATES 
CODE. 
Except as otherwise expressly provided, whenever in 
this title an amendment or repeal is expressed in terms 
of an amendment to, or a repeal of, a section or other 
provision, the reference shall be considered to be made to 
a section or other provision of title 23, United States 
Code. 
SEC. 602. DECLARATION OF POLICY. 
(a) 
EXPEDITED
PROJECT
DELIVERY.—Section 
101(b) is amended by adding at the end the following: 
‘‘(4) EXPEDITED
PROJECT
DELIVERY.—Con-
gress declares that it is in the national interest to 
expedite the delivery of surface transportation 
projects by substantially reducing the average length 
of the environmental review process. Accordingly, it 
is the policy of the United States that— 
‘‘(A) the Secretary shall have the lead role 
among Federal agencies in carrying out the en-
vironmental review process for surface transpor-
tation projects; 
‘‘(B) each Federal agency shall cooperate 
with the Secretary to expedite the environ-
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mental review process for surface transpor-
tation projects; 
‘‘(C) there shall be a presumption that the 
mode, facility type, and corridor location for a 
surface transportation project will be deter-
mined in the transportation planning process, 
as established in sections 134 and 135 and sec-
tions 5303 and 5304 of title 49; 
‘‘(D) project sponsors shall not be prohib-
ited from carrying out pre-construction project 
development activities concurrently with the en-
vironmental review process; 
‘‘(E) programmatic approaches shall be 
used, to the maximum extent possible, to reduce 
the need for project-by-project reviews and deci-
sions by Federal agencies; and 
‘‘(F) the Secretary shall actively support 
increased opportunities for project sponsors to 
assume responsibilities of the Secretary in car-
rying out the environmental review process.’’. 
SEC. 603. EXEMPTION IN EMERGENCIES. 
If any road, highway, or bridge is in operation or 
under construction when damaged by an emergency de-
clared by the Governor of the State and concurred in by 
the Secretary, or declared by the President pursuant to 
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the Robert T. Stafford Disaster Relief and Emergency As-
sistance Act (42 U.S.C. 5121), and is reconstructed in the 
same location with the same capacity, dimensions, and de-
sign as before the emergency, then that reconstruction 
project shall be exempt from any further environmental 
reviews, approvals, licensing, and permit requirements 
under— 
(1) the National Environmental Policy Act of 
1969 (42 U.S.C. 4321 et seq.); 
(2) sections 402 and 404 of the Federal Water 
Pollution Control Act (33 U.S.C. 1342, 1344); 
(3) the National Historic Preservation Act (16 
U.S.C. 470 et seq.); 
(4) the Migratory Bird Treaty Act (16 U.S.C. 
703 et seq.); 
(5) the Wild and Scenic Rivers Act (16 U.S.C. 
1271 et seq.); 
(6) the Fish and Wildlife Coordination Act (16 
U.S.C. 661 et seq.); 
(7) the Endangered Species Act of 1973 (16 
U.S.C. 1531 et seq.), except when the reconstruction 
occurs in designated critical habitat for threatened 
and endangered species; 
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(8) Executive Order No. 11990 (42 U.S.C. 
4321 note; relating to the protection of wetlands); 
and 
(9) any Federal law (including regulations) re-
quiring no net loss of wetlands. 
SEC. 604. ADVANCE ACQUISITION OF REAL PROPERTY IN-
TERESTS. 
(a) REAL PROPERTY INTERESTS.—Section 108 is 
amended— 
(1) by striking ‘‘real property’’ each place it ap-
pears and inserting ‘‘real property interests’’; 
(2) by striking ‘‘right-of-way’’ each place it ap-
pears and inserting ‘‘real property interest’’; and 
(3) by striking ‘‘rights-of-way’’ each place it ap-
pears and inserting ‘‘real property interests’’. 
(b) STATE-FUNDED EARLY ACQUISITION OF REAL 
PROPERTY INTERESTS.—Section 108(c) is amended— 
(1) in the subsection heading by striking 
‘‘EARLY ACQUISITION OF RIGHTS-OF-WAY’’ and in-
serting ‘‘STATE-FUNDED EARLY ACQUISITION
OF 
REAL PROPERTY INTERESTS’’; 
(2) by redesignating paragraphs (1) and (2) as 
paragraphs (2) and (3), respectively; 
(3) in paragraph (2), as redesignated— 
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(A) in the heading by striking ‘‘GENERAL 
RULE’’ and inserting ‘‘ELIGIBILITY FOR REIM-
BURSEMENT’’; and 
(B) by striking ‘‘Subject to paragraph (2)’’ 
and inserting ‘‘Subject to paragraph (3)’’; 
(4) by inserting before paragraph (2), as redes-
ignated, the following: 
‘‘(1) IN GENERAL.—A State may carry out, at 
the expense of the State, acquisitions of interests in 
real property for a project before completion of the 
review process required for the project under the 
National Environmental Policy Act of 1969 (42 
U.S.C. 4321 et seq.) without affecting subsequent 
approvals required for the project by the State or 
any Federal agency.’’; and 
(5) in paragraph (3), as redesignated— 
(A) in the matter preceding subparagraph 
(A) by striking ‘‘in paragraph (1)’’ and insert-
ing ‘‘in paragraph (2)’’; and 
(B) in subparagraph (G) by striking ‘‘both 
the Secretary and the Administrator of the En-
vironmental Protection Agency have concurred’’ 
and inserting ‘‘the Secretary has determined’’. 
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(c) FEDERALLY FUNDED ACQUISITION
OF REAL 
PROPERTY INTERESTS.—Section 108 is further amended 
by adding at the end the following: 
‘‘(d) FEDERALLY FUNDED EARLY ACQUISITION OF 
REAL PROPERTY INTERESTS.— 
‘‘(1) IN GENERAL.—The Secretary may author-
ize the use of Federal funds for the acquisition of 
a real property interest by a State. For purposes of 
this subsection, an acquisition of a real property in-
terest includes the acquisition of any interest in 
land, including the acquisition of a contractual right 
to acquire any interest in land, or any other similar 
action to acquire or preserve rights-of-way for a 
transportation facility. 
‘‘(2) STATE CERTIFICATION.—A State request-
ing Federal funding for an acquisition of a real 
property interest shall certify in writing that— 
‘‘(A) the State has authority to acquire the 
real property interest under State law; 
‘‘(B) the acquisition of the real property 
interest is for a transportation purpose; and 
‘‘(C) the State acknowledges that early ac-
quisition will not be considered by the Secretary 
in the environmental assessment of a project, 
the decision relative to the need to construct a 
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project, or the selection of a project design or 
location. 
‘‘(3) ENVIRONMENTAL
COMPLIANCE.—Before 
authorizing Federal funding for an acquisition of a 
real property interest, the Secretary shall complete 
for the acquisition the review process under the Na-
tional Environmental Policy Act of 1969 (42 U.S.C. 
4321 et seq.). For purposes of the review process, 
the acquisition of a real property interest shall be 
treated as having independent utility and does not 
limit consideration of alternatives for future trans-
portation improvements with respect to the real 
property interest. 
‘‘(4) PROGRAMMING.—The acquisition of a real 
property interest for which Federal funding is re-
quested shall be included as a project in an applica-
ble transportation improvement program under sec-
tions 134 and 135 and sections 5303 and 5304 of 
title 49. The acquisition project may be included in 
the transportation improvement program on its own, 
without including the future construction project for 
which the real property interest is being acquired. 
The acquisition project may consist of the acquisi-
tion of a specific parcel, a portion of a transpor-
tation corridor, or an entire transportation corridor. 
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‘‘(5) OTHER REQUIREMENTS.—The acquisition 
of a real property interest shall be carried out in 
compliance with all requirements applicable to the 
acquisition of real property interests for federally 
funded transportation projects. 
‘‘(e) CONSIDERATION OF LONG-RANGE TRANSPOR-
TATION NEEDS.—The Secretary shall encourage States 
and other public authorities, if practicable, to acquire 
transportation real property interests that are sufficient 
to accommodate long-range transportation needs and, if 
possible, to do so through the acquisition of broad real 
property interests that have the capacity for expansion 
over a 50- to 100-year period and the potential to accom-
modate one or more transportation modes.’’. 
SEC. 605. STANDARDS. 
Section 109 is amended by adding at the end the fol-
lowing: 
‘‘(r) UNDERTAKING DESIGN ACTIVITIES BEFORE 
COMPLETION OF ENVIRONMENTAL REVIEW PROCESS.— 
‘‘(1) IN GENERAL.—A State may carry out, at 
the expense of the State, design activities at any 
level of detail for a project before completion of the 
review process required for the project under the 
National Environmental Policy Act of 1969 (42 
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U.S.C. 4321 et seq.) without affecting subsequent 
approvals of the project. 
‘‘(2) ELIGIBILITY FOR REIMBURSEMENT.—Sub-
ject to paragraph (3), funds apportioned to a State 
under this title may be used to participate in the 
payment of costs incurred by the State for design 
activities, if the results of the activities are subse-
quently incorporated (in whole or in substantial 
part) into a project eligible for surface transpor-
tation program funds. 
‘‘(3) TERMS
AND
CONDITIONS.—The Federal 
share payable of the costs described in paragraph 
(2) shall be eligible for reimbursement out of funds 
apportioned to a State under this title when the de-
sign activities are incorporated (in whole or in sub-
stantial part) into a project eligible for surface 
transportation program funds, if the State dem-
onstrates to the Secretary and the Secretary finds 
that— 
‘‘(A) before the time that the cost incurred 
by a State is approved for Federal participa-
tion, environmental compliance pursuant to the 
National Environmental Policy Act of 1969 (42 
U.S.C. 4321 et seq.) has been completed for the 
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project for which the design activities were con-
ducted by the State; and 
‘‘(B) the design activities conducted pursu-
ant to this subsection did not preclude the con-
sideration of alternatives to the project.’’. 
SEC. 606. LETTING OF CONTRACTS. 
(a) BIDDING REQUIREMENTS.—Section 112(b)(1) is 
amended to read as follows: 
‘‘(1) IN GENERAL.— 
‘‘(A) COMPETITIVE
BIDDING
REQUIRE-
MENT.—Subject to paragraphs (2), (3), and 
(4), construction of each project, subject to the 
provisions of subsection (a), shall be performed 
by contract awarded by competitive bidding, un-
less the State transportation department dem-
onstrates, to the satisfaction of the Secretary, 
that some other method is more cost effective 
or that an emergency exists. 
‘‘(B) BASIS OF AWARD.— 
‘‘(i) IN GENERAL.—Contracts for the 
construction of each project shall be 
awarded only on the basis of the lowest re-
sponsive bid submitted by a bidder meeting 
established criteria of responsibility. 
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‘‘(ii) PROHIBITION.—No requirement 
or obligation shall be imposed as a condi-
tion precedent to the award of a contract 
to such bidder for a project, or to the Sec-
retary’s concurrence in the award of a con-
tract to such bidder, unless such require-
ment or obligation is otherwise lawful and 
is specifically set forth in the advertised 
specifications.’’. 
(b) 
DESIGN-BUILD
CONTRACTING.—Section 
112(b)(3) is amended— 
(1) in subparagraph (A) by striking ‘‘subpara-
graph (C)’’ and inserting ‘‘subparagraph (B)’’; 
(2) by striking subparagraph (B); 
(3) by redesignating subparagraphs (C) through 
(E) as subparagraphs (B) through (D), respectively; 
and 
(4) in subparagraph (C), as redesignated— 
(A) in the matter preceding clause (i) by 
striking ‘‘of the SAFETEA-LU’’ and inserting 
‘‘of the Surface Transportation Extension Act 
of 2012, Part II’’; 
(B) in clause (ii) by striking ‘‘and’’ at the 
end; 
(C) in clause (iii)— 
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(i) by striking ‘‘final design or’’; and 
(ii) by striking the period at the end 
and inserting ‘‘; and’’; and 
(D) by adding at the end the following: 
‘‘(iv) permit the State transportation 
department, the local transportation agen-
cy, and the design-build contractor to pro-
ceed, at the expense of one or more of 
those entities, with design activities at any 
level of detail for a project before comple-
tion of the review process required for the 
project under the National Environmental 
Policy Act of 1969 (42 U.S.C. 4321 et 
seq.) without affecting subsequent approv-
als required for the project. Design activi-
ties carried out under this clause shall be 
eligible for Federal reimbursement as a 
project expense in accordance with the re-
quirements under section 109(r).’’. 
(c) EFFICIENCIES IN CONTRACTING.—Section 112(b) 
is amended by adding at the end the following: 
‘‘(4) METHOD OF CONTRACTING.— 
‘‘(A) IN GENERAL.— 
‘‘(i) TWO-PHASE CONTRACT.—A con-
tracting agency may award a two-phase 
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contract for preconstruction and construc-
tion services. 
‘‘(ii) PRE-CONSTRUCTION
SERVICES 
PHASE.—In the pre-construction services 
phase, the contractor shall provide the con-
tracting agency with advice for scheduling, 
work 
sequencing, 
cost 
engineering, 
constructability, cost estimating, and risk 
identification. 
‘‘(iii) 
AGREEMENT.—Prior 
to 
the 
start of the construction services phase, 
the contracting agency and the contractor 
may agree to a price and other factors 
specified in regulation for the construction 
of the project or a portion of the project. 
‘‘(iv) CONSTRUCTION
PHASE.—If an 
agreement is reached under clause (iii), the 
contractor shall be responsible for the con-
struction of the project or portion of the 
project at the negotiated price and other 
factors specified in regulation. 
‘‘(B) SELECTION.—A contract shall be 
awarded to a contractor using a competitive se-
lection process based on qualifications, experi-
ence, best value, or any other combination of 
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factors considered appropriate by the con-
tracting agency. 
‘‘(C) TIMING.— 
‘‘(i) RELATIONSHIP
TO
NEPA
PROC-
ESS.—Prior to the completion of the proc-
ess required under section 102 of the Na-
tional Environmental Policy Act of 1969 
(42 U.S.C. 4332), a contracting agency 
may— 
‘‘(I) issue requests for proposals; 
‘‘(II) proceed with the award of a 
contract for preconstruction services 
under subparagraph (A); and 
‘‘(III) issue notices to proceed 
with a preliminary design and any 
work related to preliminary design. 
‘‘(ii) 
PRECONSTRUCTION
SERVICES 
PHASE.—If the preconstruction services 
phase of a contract under subparagraph 
(A)(ii) focuses primarily on one alternative, 
the Secretary shall require that the con-
tract include appropriate provisions to 
achieve the objectives of section 102 of the 
National Environmental Policy Act of 
1969 (42 U.S.C. 4332) and comply with 
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other applicable Federal laws and regula-
tions. 
‘‘(iii) 
CONSTRUCTION
SERVICES 
PHASE.—A contracting agency may not 
proceed with the award of the construction 
services phase of a contract under subpara-
graph (A)(iv) and may not proceed, or per-
mit any consultant or contractor to pro-
ceed, with construction until completion of 
the process required under section 102 of 
the National Environmental Policy Act of 
1969 (42 U.S.C. 4332). 
‘‘(iv) 
APPROVAL
REQUIREMENT.— 
Prior to authorizing construction activities, 
the Secretary shall approve the contracting 
agency’s price estimate for the entire 
project, as well as any price agreement 
with the general contractor for the project 
or a portion of the project. 
‘‘(v) DESIGN
ACTIVITIES.—A con-
tracting agency may proceed, at its ex-
pense, with design activities at any level of 
detail for a project before completion of 
the review process required for the project 
under the National Environmental Policy 
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Act of 1969 (42 U.S.C. 4321 et seq.) with-
out affecting subsequent approvals re-
quired for the project. Design activities 
carried out under this clause shall be eligi-
ble for Federal reimbursement as a project 
expense in accordance with the require-
ments under section 109(r).’’. 
SEC. 607. ELIMINATION OF DUPLICATION IN HISTORIC 
PRESERVATION REQUIREMENTS. 
(a) PRESERVATION OF PARKLANDS.—Section 138 is 
amended by adding at the end the following: 
‘‘(c) ELIMINATION OF DUPLICATION FOR HISTORIC 
SITES AND PROPERTIES.—The requirements of this sec-
tion shall be considered to be satisfied for an historic site 
or property where its treatment has been agreed upon in 
a memorandum of agreement by invited and mandatory 
signatories, including the Advisory Council on Historic 
Preservation, if participating, in accordance with section 
106 of the National Historic Preservation Act (16 U.S.C. 
470f).’’. 
(b) POLICY ON LANDS, WILDLIFE AND WATERFOWL 
REFUGES, AND HISTORIC SITES.—Section 303 of title 49, 
United States Code, is amended by adding at the end the 
following: 
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‘‘(e) ELIMINATION OF DUPLICATION FOR HISTORIC 
SITES AND PROPERTIES.—The requirements of this sec-
tion shall be considered to be satisfied for an historic site 
or property where its treatment has been agreed upon in 
a memorandum of agreement by invited and mandatory 
signatories, including the Advisory Council on Historic 
Preservation, if participating, in accordance with section 
106 of the National Historic Preservation Act (16 U.S.C. 
470f).’’. 
SEC. 608. FUNDING THRESHOLD. 
Section 139(b) is amended by adding at the end the 
following: 
‘‘(3) FUNDING THRESHOLD.—The Secretary’s 
approval of a project receiving funds under this title 
or under chapter 53 of title 49 shall not be consid-
ered a Federal action for the purposes of the Na-
tional Environmental Policy Act of 1969 if such 
funds— 
‘‘(A) constitute 15 percent or less of the 
total estimated project costs; or 
‘‘(B) are less than $10,000,000.’’. 
SEC. 609. EFFICIENT ENVIRONMENTAL REVIEWS FOR 
PROJECT DECISIONMAKING. 
(a) FLEXIBILITY.—Section 139(b) is further amend-
ed— 
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(1) in paragraph (2) by inserting ‘‘, and any re-
quirements established in this section may be satis-
fied,’’ after ‘‘exercised’’; and 
(2) by adding after paragraph (3), as added by 
this Act, the following: 
‘‘(4) PROGRAMMATIC COMPLIANCE.—At the re-
quest of a State, the Secretary may modify the pro-
cedures developed under this section to encourage 
programmatic approaches and strategies with re-
spect to environmental programs and permits (in 
lieu of project-by-project reviews).’’. 
(b) FEDERAL LEAD AGENCY.—Section 139(c) is 
amended— 
(1) in paragraph (1) by adding at the end the 
following: ‘‘If the project requires approval from 
more than one modal administration within the De-
partment, the Secretary shall designate a single 
modal administration to serve as the Federal lead 
agency for the Department in the environmental re-
view process for the project.’’; 
(2) in paragraph (3) by inserting ‘‘or other ap-
provals by the Secretary’’ after ‘‘chapter 53 of title 
49’’; and 
(3) by striking paragraph (5) and inserting the 
following: 
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‘‘(5) ADOPTION
AND
USE
OF
DOCUMENTS.— 
Any environmental document prepared in accordance 
with this subsection shall be adopted and used by 
any Federal agency in making any approval of a 
project subject to this section as the document re-
quired to be completed under the National Environ-
mental Policy Act of 1969.’’. 
(c) PARTICIPATING AGENCIES.— 
(1) 
EFFECT
OF
DESIGNATION.—Section 
139(d)(4) is amended to read as follows: 
‘‘(4) EFFECT OF DESIGNATION.— 
‘‘(A) 
REQUIREMENT.—A 
participating 
agency shall comply with the requirements of 
this section and any schedule established under 
this section. 
‘‘(B) IMPLICATION.—Designation as a par-
ticipating agency under this subsection shall not 
imply that the participating agency— 
‘‘(i) supports a proposed project; or 
‘‘(ii) has any jurisdiction over, or spe-
cial expertise with respect to evaluation of, 
the project.’’. 
(2) CONCURRENT REVIEWS.—Section 139(d)(7) 
is amended to read as follows: 
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‘‘(7) CONCURRENT
REVIEWS.—Each partici-
pating agency and cooperating agency shall— 
‘‘(A) carry out obligations of that agency 
under other applicable law concurrently, and in 
conjunction, with the review required under the 
National Environmental Policy Act of 1969 (42 
U.S.C. 4321 et seq.); and 
‘‘(B) formulate and implement administra-
tive, policy, and procedural mechanisms to en-
able the agency to ensure completion of the en-
vironmental review process in a timely, coordi-
nated, and environmentally responsible man-
ner.’’. 
(d) PROJECT INITIATION.—Section 139(e) is amend-
ed by adding at the end the following: ‘‘The project spon-
sor may satisfy this requirement by submitting to the Sec-
retary a draft notice for publication in the Federal Reg-
ister announcing the preparation of an environmental im-
pact statement for the project.’’. 
(e) ALTERNATIVES ANALYSIS.—Section 139(f) is 
amended— 
(1) in paragraph (4)— 
(A) by amending subparagraph (B) to read 
as follows: 
‘‘(B) RANGE OF ALTERNATIVES.— 
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‘‘(i) IN GENERAL.—Following partici-
pation under paragraph (1), the lead agen-
cy shall determine the range of alternatives 
for consideration in any document which 
the lead agency is responsible for pre-
paring for the project. 
‘‘(ii) LIMITATION.—The range of al-
ternatives shall be limited to alternatives 
that are consistent with the transportation 
mode and general design of the project de-
scribed in the long-range transportation 
plan or transportation improvement pro-
gram prepared pursuant to section 134 or 
135 or section 5303 or 5304 of title 49. 
‘‘(iii) RESTRICTION.—A Federal agen-
cy may not require the evaluation of any 
alternative that was evaluated, but not 
adopted— 
‘‘(I) in any prior State or Fed-
eral environmental document with re-
gard to the applicable long-range 
transportation plan or transportation 
improvement program; or 
‘‘(II) after the preparation of a 
programmatic or tiered environmental 
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document that evaluated alternatives 
to the project. 
‘‘(iv) LEGAL SUFFICIENCY.—The eval-
uation of the range of alternatives shall be 
deemed legally sufficient if the environ-
mental document complies with the re-
quirements of this paragraph.’’; 
(B) in subparagraph (C)— 
(i) by striking ‘‘(C) METHODOLO-
GIES.—The lead agency’’ and inserting the 
following: 
‘‘(C) METHODOLOGIES.— 
‘‘(i) IN GENERAL.—The lead agency’’; 
(ii) by striking ‘‘in collaboration with 
participating agencies at appropriate times 
during the study process’’ and inserting 
‘‘after 
consultation 
with 
participating 
agencies as part of the scoping process’’; 
and 
(iii) by adding at the end the fol-
lowing: 
‘‘(ii) COMMENTS.—Each participating 
agency shall limit comments on such meth-
odologies to those issues that are within 
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the authority and expertise of such partici-
pating agency. 
‘‘(iii) STUDIES.—The lead agency may 
not conduct studies proposed by any par-
ticipating agency that are not within the 
authority or expertise of such participating 
agency.’’; and 
(C) by adding at the end the following: 
‘‘(E) LIMITATIONS
ON
THE
EVALUATION 
OF IMPACTS EVALUATED IN PRIOR ENVIRON-
MENTAL DOCUMENTS.— 
‘‘(i) IN GENERAL.—The lead agency 
may not reevaluate, and a Federal agency 
may not require the reevaluation of, cumu-
lative impacts or growth-inducing impacts 
where such impacts were previously evalu-
ated in— 
‘‘(I) a long-range transportation 
plan or transportation improvement 
program developed pursuant to sec-
tion 134 or 135 or section 5303 or 
5304 of title 49; 
‘‘(II) a prior environmental docu-
ment approved by the Secretary; or 
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‘‘(III) a prior State environ-
mental document approved pursuant 
to a State law that is substantially 
equivalent to section 102(2)(C) of the 
National Environmental Policy Act of 
1969 (42 U.S.C. 4332(2)(C)). 
‘‘(ii) LEGAL SUFFICIENCY.—The eval-
uation of cumulative impacts and growth 
inducing impacts shall be deemed legally 
sufficient if the environmental document 
complies with the requirements of this 
paragraph.’’; and 
(2) by adding at the end the following: 
‘‘(5) EFFECTIVE DECISIONMAKING.— 
‘‘(A) CONCURRENCE.—At the discretion of 
the lead agency, a participating agency shall be 
presumed to concur in the determinations made 
by the lead agency under this subsection unless 
the participating agency submits an objection to 
the lead agency in writing within 30 days after 
receiving notice of the lead agency’s determina-
tion and specifies the statutory basis for the ob-
jection. 
‘‘(B) ADOPTION OF DETERMINATION.—If 
the participating agency concurs or does not ob-
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ject within the 30-day period, the participating 
agency shall adopt the lead agency’s determina-
tion for purposes of any reviews, approvals, or 
other actions taken by the participating agency 
as part of the environmental review process for 
the project.’’. 
(f) COORDINATION PLAN.—Section 139(g) is amend-
ed— 
(1) in paragraph (1)(A) by striking ‘‘project or 
category of projects’’ and inserting ‘‘project, cat-
egory of projects, or program of projects’’; 
(2) by amending paragraph (3) to read as fol-
lows: 
‘‘(3) 
DEADLINES
FOR
DECISIONS
UNDER 
OTHER LAWS.— 
‘‘(A) PRIOR
APPROVAL
DEADLINE.—If a 
participating agency is required to make a de-
termination regarding or otherwise approve or 
disapprove the project prior to the record of de-
cision or finding of no significant impact of the 
lead agency, such participating agency shall 
make such determination or approval not later 
than 30 days after the lead agency publishes 
notice of the availability of a final environ-
mental impact statement or other final environ-
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mental document, or not later than such other 
date that is otherwise required by law, which-
ever occurs first. 
‘‘(B) OTHER DEADLINES.—With regard to 
any determination or approval of a partici-
pating agency that is not subject to subpara-
graph (A), each participating agency shall make 
any required determination regarding or other-
wise approve or disapprove the project not later 
than 90 days after the date that the lead agen-
cy approves the record of decision or finding of 
no significant impact for the project, or not 
later than such other date that is otherwise re-
quired by law, whichever occurs first. 
‘‘(C) DEEMED
APPROVED.—In the event 
that any participating agency fails to make a 
determination or approve or disapprove the 
project within the applicable deadline described 
in subparagraphs (A) and (B), the project shall 
be deemed approved by such participating agen-
cy, and such approval shall be deemed to com-
ply with the applicable requirements of Federal 
law. 
‘‘(D) WRITTEN FINDING.—The Secretary 
may issue a written finding verifying the ap-
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proval made in accordance with this para-
graph.’’; and 
(3) by striking paragraph (4). 
(g) ISSUE IDENTIFICATION AND RESOLUTION.—Sec-
tion 139(h)(4) is amended by adding at the end the fol-
lowing: 
‘‘(C) RESOLUTION FINAL.— 
‘‘(i) IN GENERAL.—The lead agency 
and participating agencies may not recon-
sider the resolution of any issue agreed to 
by the relevant agencies in a meeting 
under subparagraph (A). 
‘‘(ii) COMPLIANCE WITH APPLICABLE 
LAW.—Any 
such 
resolution 
shall 
be 
deemed to comply with applicable law not-
withstanding that the agencies agreed to 
such resolution prior to the approval of the 
environmental document.’’. 
(h) STREAMLINED DOCUMENTATION AND DECISION-
MAKING.—Section 139 is amended— 
(1) by redesignating subsections (i) through (l) 
as subsections (k) through (n), respectively; and 
(2) by inserting after subsection (h) the fol-
lowing: 
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‘‘(i) STREAMLINED DOCUMENTATION AND DECISION-
MAKING.— 
‘‘(1) IN GENERAL.—The lead agency in the en-
vironmental review process for a project, in order to 
reduce paperwork and expedite decisionmaking, shall 
prepare a condensed final environmental impact 
statement. 
‘‘(2) CONDENSED FORMAT.—A condensed final 
environmental impact statement for a project in the 
environmental review process shall consist only of— 
‘‘(A) an incorporation by reference of the 
draft environmental impact statement; 
‘‘(B) any updates to specific pages or sec-
tions of the draft environmental impact state-
ment as appropriate; and 
‘‘(C) responses to comments on the draft 
environmental impact statement and copies of 
the comments. 
‘‘(3) TIMING
OF
DECISION.—Notwithstanding 
any other provision of law, in conducting the envi-
ronmental review process for a project, the lead 
agency shall combine a final environmental impact 
statement and a record of decision for the project 
into a single document if— 
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‘‘(A) the alternative approved in the record 
of decision is either a preferred alternative that 
was identified in the draft environmental im-
pact statement or is a modification of such pre-
ferred alternative that was developed in re-
sponse to comments on the draft environmental 
impact statement; 
‘‘(B) the Secretary has received a certifi-
cation from a State under section 128, if such 
a certification is required for the project; and 
‘‘(C) the Secretary determines that the 
lead agency, participating agency, or the project 
sponsor has committed to implement the meas-
ures applicable to the approved alternative that 
are identified in the final environmental impact 
statement. 
‘‘(j) SUPPLEMENTAL ENVIRONMENTAL REVIEW AND 
RE-EVALUATION.— 
‘‘(1) SUPPLEMENTAL
ENVIRONMENTAL
RE-
VIEW.—After the approval of a record of decision or 
finding of no significant impact with regard to a 
project, an agency may not require the preparation 
of a subsequent environmental document for such 
project unless the lead agency determines that— 
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‘‘(A) changes to the project will result in 
new significant impacts that were not evaluated 
in the environmental document; or 
‘‘(B) new information has become available 
or changes in circumstances have occurred after 
the lead agency approval of the project that will 
result in new significant impacts that were not 
evaluated in the environmental document. 
‘‘(2) RE-EVALUATIONS.—The Secretary may 
only require the re-evaluation of a document pre-
pared under the National Environmental Policy Act 
of 1969 (42 U.S.C. 4321 et seq.) if— 
‘‘(A) the Secretary determines that the 
events in paragraph (1)(A) or (1)(B) apply; and 
‘‘(B) more than 5 years has elapsed since 
the Secretary’s prior approval of the project or 
authorization of project funding. 
‘‘(3) CHANGE TO RECORD OF DECISION.—After 
the approval of a record of decision, the Secretary 
may not require the record of decision to be changed 
solely because of a change in the fiscal cir-
cumstances surrounding the project.’’. 
(i) REGULATIONS.—Section 139(m) (as redesignated 
by subsection (h)(1) of this section) is further amended 
to read as follows: 
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mines are most effectively addressed at a re-
gional or national program level, including— 
‘‘(i) system-level measures to avoid, 
minimize, or mitigate impacts of proposed 
transportation investments on environ-
mental resources, including regional eco-
system and water resources; and 
‘‘(ii) potential mitigation activities, lo-
cations, and investments. 
‘‘(2) PLANNING ANALYSES.—Planning analyses 
that may be adopted pursuant to this section include 
studies with respect to— 
‘‘(A) travel demands; 
‘‘(B) regional development and growth; 
‘‘(C) local land use, growth management, 
and development; 
‘‘(D) population and employment; 
‘‘(E) natural and built environmental con-
ditions; 
‘‘(F) environmental resources and environ-
mentally sensitive areas; 
‘‘(G) potential environmental effects, in-
cluding the identification of resources of con-
cern and potential cumulative effects on those 
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mental laws and regulations, consistent with the pro-
visions of this section. 
‘‘(2) PARTICIPATING
STATES.—All States are 
eligible to participate in the program. 
‘‘(3) SCOPE OF ALTERNATIVE REVIEW AND AP-
PROVAL
PROCEDURES.—For purposes of this sec-
tion, alternative environmental review and approval 
procedures may include one or more of the following: 
‘‘(A) Substitution of one or more State en-
vironmental laws for one or more Federal envi-
ronmental laws, if the Secretary determines in 
accordance with this section that the State envi-
ronmental laws provide environmental protec-
tion and opportunities for public involvement 
that are substantially equivalent to the applica-
ble Federal environmental laws. 
‘‘(B) Substitution of one or more State 
regulations for Federal regulations imple-
menting one or more Federal environmental 
laws, if the Secretary determines in accordance 
with this section that the State regulations pro-
vide environmental protection and opportunities 
for public involvement that are substantially 
equivalent to the Federal regulations. 
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‘‘(b) APPLICATION.—To participate in the program, 
a State shall submit to the Secretary an application con-
taining such information as the Secretary may require, in-
cluding— 
‘‘(1) a full and complete description of the pro-
posed alternative environmental review and approval 
procedures of the State; 
‘‘(2) for each State law or regulation included 
in the proposed alternative environmental review and 
approval procedures of the State, an explanation of 
the basis for concluding that the law or regulation 
meets the requirements under subsection (a)(3); and 
‘‘(3) evidence of having sought, received, and 
addressed comments on the proposed application 
from the public and appropriate Federal environ-
mental resource agencies. 
‘‘(c) REVIEW
OF
APPLICATION.—The Secretary 
shall— 
‘‘(1) review an application submitted under sub-
section (b); 
‘‘(2) approve or disapprove the application in 
accordance with subsection (d) not later than 90 
days after the date of the receipt of the application; 
and 
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