the list under paragraph (1)(C), an agency de-
scribed in paragraph (2) shall publish a notice 
of proposed rulemaking to propose any categor-
ical exclusions from the list applicable to the 
agency, subject to the condition that the cat-
egorical exclusion identified under paragraph 
(1)(A) meets the criteria for a categorical exclu-
sion under section 102 of the National Environ-
mental Policy Act of 1969 (42 U.S.C. 4321 et 
seq.). 
‘‘(B) PUBLIC COMMENT.—In a notice of 
proposed rulemaking under subparagraph (A), 
the applicable agency shall solicit comments on 
whether any of the proposed new categorical ex-
clusions meet the criteria for a categorical ex-
clusion under section 1508.4 of title 40, Code 
of Federal Regulations (or successor regula-
tions).’’. 
SEC. 1202. EFFICIENT ENVIRONMENTAL REVIEWS FOR 
PROJECT DECISIONMAKING. 
(a) AMENDMENTS.—Title I of the National Environ-
mental Policy Act of 1969 (42 U.S.C. 4332) is amended— 
(1) in section 102(2)(C), by inserting ‘‘subject 
to section 106,’’ before ‘‘include’’; and 
(2) by adding at the end the following: 
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‘‘SEC. 106. PROCEDURES FOR DETERMINATIONS. 
‘‘(a) ENVIRONMENTAL IMPACT STATEMENTS.— 
‘‘(1) REQUEST FOR PUBLIC COMMENT.—Each 
notice of intent to prepare an environmental impact 
statement under section 102 shall include a request 
for public comment on potential alternatives or im-
pacts and on relevant information, studies, or anal-
yses with respect to the proposed Federal action. 
‘‘(2) SPONSOR PREPARATION.—A lead agency 
may allow a project sponsor to prepare an environ-
mental impact statement, if such agency provides 
such sponsor with appropriate guidance and assists 
in the preparation. The lead agency shall independ-
ently evaluate the environmental impact statement 
before adopting it, and shall take responsibility for 
the contents upon adoption. 
‘‘(3) DEADLINE.—Each environmental impact 
statement shall be completed not later than 2 years 
after the date of publication of the notice of intent 
to prepare such environmental impact statement is 
issued unless the lead agency approves a delay in 
writing and establishes a new timeline that provides 
only so much additional time as is necessary to com-
plete such environmental impact statement. The lead 
agency may only approve such a delay if such delay 
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is necessary to complete the environmental impact 
statement. 
‘‘(4) STATEMENT OF PURPOSE AND NEED.— 
Each environmental impact statement shall include a 
statement of purpose and need that briefly summa-
rizes the underlying purpose and need for the pro-
posed agency action. In a case where the agency is 
reviewing an application for authorization, such 
statement shall focus on the goals of the applicant 
and the agency’s authority. 
‘‘(5) ESTIMATED
TOTAL
COST.—The cover 
sheet for each environmental impact statement shall 
include a statement of the estimated total cost of 
preparing such environmental impact statement, in-
cluding the costs of agency full-time equivalent per-
sonnel hours, contractor costs, and other direct 
costs. 
‘‘(6) WORD
LIMIT.—A statement of environ-
mental impact may not exceed 75,000 words un-
less— 
‘‘(A) the proposal is of unusual scope or 
complexity; or 
‘‘(B) the lead agency approves a longer 
statement in writing and establishes a new 
word limit. 
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‘‘(b) ENVIRONMENTAL ASSESSMENTS.— 
‘‘(1) SPONSOR PREPARATION.—A lead agency 
may allow a project sponsor to prepare an environ-
mental assessment, if such agency provides such 
sponsor with appropriate guidance and assists in the 
preparation. The lead agency shall independently 
evaluate the environmental assessment before adopt-
ing it, and shall take responsibility for the contents 
upon adoption. 
‘‘(2) WORD LIMIT.—An environmental assess-
ment may not exceed 37,500 words, excluding ap-
pendices, unless the lead agency approves a longer 
statement in writing and establishes a new word 
limit. 
‘‘(3) DEADLINE.—Environmental assessments 
required by section 102 shall be completed not later 
than 1 year after the date on which the decision to 
prepare such environmental assessment is made un-
less the lead agency approves a delay in writing and 
establishes a new timeline that provides only so 
much additional time as is necessary to complete 
such environmental assessment. 
‘‘(c) REVIEW FOR APPLICATION OF SECTION 102.— 
In reviewing a Federal action to determine the appropriate 
review under section 102: 
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‘‘(1) REQUIREMENTS
FOR
A
COOPERATING 
AGENCY.—A cooperating agency shall submit any 
comments within a time period specified by the lead 
agency and limit such comments to matters on 
which such agency has jurisdiction by law or special 
expertise with respect to an environmental issue. 
‘‘(2) DEFINITION OF SIGNIFICANCE.—In deter-
mining whether the effects of a proposed Federal ac-
tion are significant, a Federal official shall only con-
sider the reasonably foreseeable effects with a rea-
sonably close causal relationship to the action being 
considered and may not consider cumulative effects. 
‘‘(d) CATEGORICAL EXCLUSIONS.—Not later than 90 
days after the date of enactment of this section, the Coun-
cil on Environmental Quality shall establish procedures for 
a Federal agency to adopt a categorical exclusion estab-
lished by another Federal agency. 
‘‘(e) JUDICIAL REVIEW.—No agency action taken 
under parts 1500 through 1508 of title 40, Code of Fed-
eral Regulations, (or any successor regulations) may be 
subject to judicial review before the issuance of a record 
of decision or other final agency decision. 
‘‘(f) INJUNCTIVE RELIEF.—A violation of this Act 
shall not constitute the basis for injunctive relief. 
‘‘(g) DEFINITIONS.—In this section: 
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‘‘(1) CATEGORICAL
EXCLUSION.—The term 
‘categorical exclusion’ means a category of actions 
which a Federal agency has determined do not 
under usual circumstances have a significant effect 
on the human environment for the purposes of this 
Act. 
‘‘(2) COOPERATING
AGENCY.—The term ‘co-
operating agency’ has the meaning given such term 
in section 139 of title 23, United States Code. 
‘‘(3) 
ENVIRONMENTAL
ASSESSMENT.—The 
term ‘environmental assessment’ means an environ-
mental assessment prepared under section 102. 
‘‘(4) ENVIRONMENTAL IMPACT STATEMENT.— 
The term ‘environmental impact statement’ means 
an environmental impact statement prepared under 
section 102. 
‘‘(5) LEAD AGENCY.—The term ‘lead agency’ 
has the meaning given such term in section 139 of 
title 23, United States Code. 
‘‘(6) REASONABLY
FORESEEABLE.—The term 
‘reasonably foreseeable’ means sufficiently likely to 
occur such that a person of ordinary prudence would 
take such occurrence into account in reaching a de-
cision. 
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‘‘(7) SPECIAL EXPERTISE.—The term ‘special 
expertise’ means statutory responsibility, agency 
mission, or related program experience.’’. 
(b) REGULATORY CHANGES.— 
(1) CONTROVERSY
AS
A
FACTOR
IN
DETER-
MINING
SIGNIFICANCE.—The Council on Environ-
mental Quality shall, not later than 90 days after 
the date of enactment of this Act, issue regulations 
to remove consideration of the level of controversy 
with respect to a determination regarding whether a 
proposed Federal action is significant as such term 
is used in section 102 of the National Environmental 
Policy Act of 1969 (42 U.S.C. 4332). 
(2) ALTERNATIVES OUTSIDE OF AGENCY JURIS-
DICTION.—The Council on Environmental Quality 
shall, not later than 120 days after the date of en-
actment of this Act, issue regulations to remove any 
requirement that a lead agency consider alternatives 
not within the jurisdiction of such agency unless 
such consideration is necessary for agency decision- 
making under section 102 of the National Environ-
mental Policy Act of 1969 (42 U.S.C. 4332). 
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SEC. 1203. APPLICATION OF CATEGORICAL EXCLUSIONS 
FOR TRANSPORTATION PROJECTS. 
(a) IN GENERAL.—Section 304 of title 49, United 
States Code, is amended— 
(1) 
in 
the 
section 
heading 
by 
striking 
‘‘multimodal’’ 
and 
inserting 
‘‘transpor-
tation’’; 
(2) in subsection (a)— 
(A) in paragraph (1)— 
(i) by striking ‘‘Department of Trans-
portation operating administration or sec-
retarial office’’ and inserting ‘‘Federal 
agency’’; 
(ii) by striking ‘‘lead authority’’ and 
inserting ‘‘lead agency’’; and 
(iii) by striking ‘‘multimodal’’; 
(B) by amending paragraph (2) to read as 
follows: 
‘‘(2) LEAD AGENCY.—The term ‘lead agency’ 
means a Federal agency, or State agency that has 
been delegated authority under the National Envi-
ronmental Policy Act of 1969 (42 U.S.C. 4321 et 
seq.), that has the lead responsibility for compliance 
with such Act with respect to a proposed project.’’; 
and 
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(C) by amending paragraph (3) to read as 
follows: 
‘‘(3) PROJECT.—The term ‘project’ has the 
meaning given such term in section 139(a) of title 
23.’’; 
(3) in subsection (b) by striking ‘‘multimodal’’; 
(4) in subsection (c)— 
(A) 
in 
the 
heading 
by 
striking 
‘‘MULTIMODAL’’; 
(B) by striking ‘‘multimodal project, a lead 
authority’’ and inserting ‘‘project, a lead agen-
cy’’; 
(C) by striking ‘‘procedures of a cooper-
ating authority for a proposed multimodal 
project’’ and inserting ‘‘procedures of any other 
Federal agency for a proposed project’’; 
(D) in paragraph (1)— 
(i) by striking ‘‘lead authority makes 
a determination, with the concurrence of 
the cooperating authority’’ and inserting 
‘‘the Federal agency proposing to apply the 
categorical exclusion makes a determina-
tion, after consultation with the other Fed-
eral agencies’’; 
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(ii) in subparagraph (A) by striking 
‘‘multimodal’’; and 
(iii) in subparagraph (B) by striking 
the semicolon and inserting ‘‘; and’’; 
(E) in paragraph (2)— 
(i) by striking ‘‘lead authority’’ and 
inserting ‘‘lead agency proposing to apply 
the categorical exclusion’’; and 
(ii) by striking ‘‘of the cooperating au-
thority or procedures under that Act; and’’ 
and inserting ‘‘or procedures of the other 
Federal agency under that Act.’’; and 
(F) by striking paragraph (3); and 
(5) in subsection (d) by striking ‘‘multimodal’’. 
(b) CLERICAL AMENDMENT.—The analysis for chap-
ter 3 of title 49, United States Code, is amended by strik-
ing the item relating to section 304 and inserting the fol-
lowing: 
‘‘304. Application of categorical exclusions for transportation projects.’’. 
SEC. 1204. AIR QUALITY AND CONFORMITY. 
(a) SEPARATING REQUIREMENTS APPLICABLE
TO 
PROJECTS.—Section 176(c)(2) of the Clean Air Act (42 
U.S.C. 7506(c)(2)) is amended— 
(1) by striking ‘‘(2) Any transportation’’ and 
inserting ‘‘(2)(A) Any transportation’’; 
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(2) by striking ‘‘any transportation plan, pro-
gram or project unless such plan, program or 
project’’ and inserting ‘‘any transportation plan or 
program unless such plan or program’’; 
(3) by striking ‘‘(A) no transportation’’ and in-
serting ‘‘(i) no transportation’’; 
(4) by striking ‘‘(B) no metropolitan’’ and in-
serting ‘‘(ii) no metropolitan’’; 
(5) by striking ‘‘(C) a transportation project 
may be adopted or approved by a metropolitan plan-
ning organization or any recipient of funds des-
ignated under title 23, United States Code, chapter 
53 of title 49, United States Code, or found in con-
formity by a metropolitan planning organization or 
approved, accepted, or funded by the Department of 
Transportation only if it meets either the require-
ments of subparagraph (D)’’ and inserting the fol-
lowing: 
‘‘(B) Except as provided in this section, no Federal 
agency may approve, accept, or fund any transportation 
project unless such project has been found to conform to 
any applicable implementation plan in effect under this 
Act. A transportation project may be found in conformity 
by the Department of Transportation only if it meets ei-
ther the requirements of subparagraph (C)’’; 
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(6) by adjusting the margins of clauses (i), (ii), 
and (iii) of subparagraph (B), as redesignated, 2 
ems to the left; and 
(7) by striking ‘‘(D) Any project not referred to 
in subparagraph (C)’’ and inserting the following: 
‘‘(C) Any project not referred to in subparagraph 
(B)’’. 
(b) CONFORMITY DETERMINATIONS PRIOR TO CON-
STRUCTION OF TRANSPORTATION PROJECTS.—Paragraph 
(2) of section 176(c) of the Clean Air Act (42 U.S.C. 
7506(c)), as amended by subsection (a), is further amend-
ed by adding at the end the following new subparagraph: 
‘‘(F) The conformity determinations required by this 
section with respect to transportation projects shall be co-
ordinated with the transportation planning process under 
sections 134 and 135 of title 23, United States Code, and 
with the environmental review process required under the 
National Environmental Policy Act of 1969 and other ap-
plicable laws, in accordance with the following require-
ments: 
‘‘(i) The Secretary of Transportation shall 
make its conformity determination for a transpor-
tation project prior to initiation of construction of 
the project. 
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‘‘(ii) The Secretary of Transportation shall in-
clude the transportation project in the plan or pro-
gram developed pursuant to title 23 or chapter 53 
of title 49, United States Code, as applicable, before 
the Secretary of Transportation makes a conformity 
determination for the project. 
‘‘(iii) The Secretary of Transportation shall— 
‘‘(I) ensure that any environmental docu-
ment prepared for the project under the Na-
tional Environmental Policy Act of 1969 (42 
U.S.C. 4332 et seq.) discloses the need for a 
transportation conformity determination and 
evaluates consistency with conformity require-
ments; and 
‘‘(II) condition any approval issued by the 
Secretary in the environmental review process 
on satisfying conformity requirements prior to 
construction.’’. 
(c) TECHNICAL CORRECTION
TO MARGINS.—The 
margins of paragraphs (5) through (10) of section 176(c) 
of the Clean Air Act (42 U.S.C. 7506(c)) are amended 
by moving such margins 2 ems to the left. 
(d) APPLICABILITY.—Section 176(c)(5) of the Clean 
Air Act (42 U.S.C. 7506(c)(5)), as amended by subsection 
(c), is further amended— 
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(1) by redesignating subparagraphs (A) and 
(B) as clauses (i) and (ii), respectively; 
(2) by striking ‘‘(5) APPLICABILITY.—This sub-
section’’ and inserting ‘‘(5) APPLICABILITY.—(A) 
This subsection’’; and 
(3) by adding at the end the following new sub-
paragraph: 
‘‘(B) If a new national ambient air quality standard 
is promulgated for an air pollutant under section 109, the 
requirements of this section apply only with respect to 
most recently promulgated standard.’’. 
(e) 
PROGRAMMATIC
CONFORMITY
DETERMINA-
TIONS.—Section 176(c) of the Clean Air Act (42 U.S.C. 
7506(c)), as amended, is amended by adding at the end 
the following new paragraph: 
‘‘(11) PROGRAMMATIC CONFORMITY DETERMINA-
TIONS.— 
‘‘(A) IN GENERAL.—The Secretary of Trans-
portation— 
‘‘(i) shall, to the maximum extent prac-
ticable, use programmatic conformity deter-
minations to streamline the process for satis-
fying transportation conformity requirements 
under this subsection; and 
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‘‘(ii) may issue a programmatic conformity 
determination, in consultation with the Admin-
istrator, on a nationwide, statewide, metropoli-
tan, or other geographic basis. 
‘‘(B) REGULATIONS.— 
‘‘(i) REQUIREMENT.—Not later than 180 
days after the date of enactment of this para-
graph, the Secretary of Transportation shall 
issue regulations implementing this paragraph. 
‘‘(ii) CONTENTS.— The regulations re-
quired by clause (i) shall include procedures for 
making programmatic conformity determina-
tions for— 
‘‘(I) projects in marginal nonattain-
ment areas; 
‘‘(II) projects that are not exempt 
from conformity requirements, but would 
have individually and cumulatively minor 
effects on the applicable area’s ability pol-
lutants; and 
‘‘(III) projects located in areas in 
which the ambient levels of the applicable 
pollutant are substantially lower than the 
level required by the applicable national 
ambient air quality standard, such that an 
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exceedance of that standard is determined 
Secretary to be unlikely to occur. 
‘‘(C) DEFINITION.—In this paragraph, the term 
‘programmatic conformity determination’ includes 
any conformity determination that applies to a cat-
egory 
of 
transportation 
plans, 
programs, 
or 
projects.’’. 
SEC. 1205. AGREEMENTS RELATING TO USE OF AND AC-
CESS TO RIGHTS-OF-WAY INTERSTATE SYS-
TEM. 
Section 111 of title 23, United States Code, is 
amended by striking subsection (e) and inserting the fol-
lowing: 
‘‘(e) JUSTIFICATION REPORTS.— 
‘‘(1) IN GENERAL.—Upon request of a State, 
the Secretary shall enter into a written agreement 
with the State that assigns the full responsibility of 
the Secretary to the State for granting any approv-
als required under subsection (a) for changes in 
points of access to, or exits from, the Interstate Sys-
tem (including new or modified freeway-to-crossroad 
interchanges inside a transportation management 
area designated or identified under section 5303(k) 
of title 49). 
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‘‘(2) CONDITIONS.—In entering into a written 
agreement under paragraph (1), the Secretary shall 
include appropriate conditions to ensure that the re-
sponsibilities assigned are carried out in a manner 
consistent with maintaining a safe and efficient 
Interstate System.’’. 
SEC. 1206. PERMITS FOR DREDGED OR FILL MATERIAL. 
Section 404 of the Federal Water Pollution Control 
Act (33 U.S.C. 1344) is amended— 
(1) in subsection (f)(1)— 
(A) in subparagraph (C) by striking ‘‘, or 
the maintenance of drainage ditches’’; 
(B) by redesignating subparagraphs (D), 
(E), and (F) as subparagraphs (E), (F), and 
(G), respectively; and 
(C) by inserting after subparagraph (C) 
the following: 
‘‘(D) activities involving maintenance, repair or 
construction of roadside ditches, including emer-
gency activities, temporary fills, and changes in the 
character, scope, or size of the original fill design to 
meet current design and safety standards, provided 
they that do not result in significant alterations to 
flow or circulation, and maintain to the maximum 
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extent practicable, the course, condition, capacity, 
and location of open waters;’’; and 
(2) in subsection (s)(3) by striking ‘‘acton’’ and 
inserting ‘‘action’’. 
SEC. 1207. PILOT PROGRAM ON USE OF INNOVATIVE PRAC-
TICES FOR ENVIRONMENTAL REVIEWS. 
(a) FINDINGS.—Congress finds the following: 
(1) The environmental review process for trans-
portation infrastructure projects is complex and inef-
ficient, resulting in delays and increased costs of de-
livery of needed improvements to our transportation 
system. 
(2) It is in the national interest to promote 
truly innovative approaches that have the potential 
to yield positive environmental and transportation 
outcomes more quickly and efficiently, with greater 
transparency and responsiveness to all stakeholders. 
(b) ESTABLISHMENT.—The Secretary of Transpor-
tation shall establish a pilot program to promote the use 
of innovative practices in carrying out environmental re-
views for transportation projects, including innovative 
practices that— 
(1) integrate environmental planning or other 
techniques involving consideration of multiple re-
sources on a watershed or ecosystem scale; 
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(2) enhance environmental mitigation and en-
hancement measures that will result in a substantial 
improvement over existing conditions in an eco-
system or watershed; 
(3) use innovative technologies that enable more 
effective public participation in decision-making, in-
cluding use of visualization, animation, and other 
advanced methods for depicting alternatives; and 
(4) focus on environmental and transportation 
outcomes rather than processes. 
(c) FLEXIBILITIES.—In carrying out the pilot pro-
gram established under subsection (b), the Secretary, in 
concurrence with the affected agency may waive, with re-
spect to an eligible project, any requirement under Federal 
law, regulation, or order, if the Secretary and such agen-
cies find that waiving the requirement is reasonably ex-
pected to— 
(1) promote the development of innovative prac-
tices for the environmental review process, as de-
scribed in paragraphs (1) through (4) of subsection 
(b); 
(2) enable the more efficient delivery of needed 
improvements to the transportation system; and 
(3) result in achieving the conservation goals of 
relevant statutes. 
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(d) ELIGIBILITY.—In carrying out the pilot program 
established under subsection (b), the Secretary may not 
select more than 15 eligible projects each year to partici-
pate in the program. 
(e) APPLICATION PROCESS.— 
(1) IN GENERAL.—The Secretary and the af-
fected agency shall be jointly responsible for review-
ing and approving applications for participation in 
the program, as set forth in this subsection. 
(2) APPLICATION.—The applicant shall submit 
a written application, in a form prescribed by the 
Secretary, requesting use of one or more innovative 
practices in the environmental review process for the 
project or proposal and identifying any flexibilities 
needed to carry out those innovative practices. 
(3) WRITTEN RECOMMENDATION.—If the Sec-
retary recommends approval of the application, the 
Secretary shall submit a written recommendation to 
the affected agency for review. The Secretary’s rec-
ommendation may include modifications to the appli-
cant’s proposal. 
(4) APPROVAL OR DENIAL OF APPLICATION.— 
The affected agency shall approve or deny the appli-
cation, or approve the application with conditions. 
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(5) COMMUNICATION OF DECISION.—Upon the 
final approval decision by the Secretary and affected 
agency, the Secretary shall communicate the decision 
in writing to the project sponsor, the affected State 
(if not the project sponsor), and each affected agen-
cy, and shall post the decision on the agency’s public 
website, and publish the decision in the Federal Reg-
ister. The Secretary’s notice shall identify, with 
specificity, each federal requirement that has been 
waived or otherwise modified. This decision shall be 
final. 
(f) IMPLEMENTATION.—Upon publication of the deci-
sion in the Federal Register pursuant to subsection (e)(4), 
the Secretary may initiate the proposal or the environ-
mental review process for the project. Each federal agency 
with responsibility for review, consultation, approval, or 
other role in the environmental review process for the 
project or proposal shall proceed in accordance with the 
decision. 
(g) TERMINATION.— 
(1) IN
GENERAL.—The Secretary or any af-
fected agency may terminate the participation of a 
project in the pilot program under this section if the 
Secretary or affected agency determines that— 
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(A) the conditions for participation (as set 
forth in the application approval decision) have 
not been met; and 
(B) termination is in the public interest. 
(2) NOTICE.—Before terminating a project’s 
participation under paragraph (1), the Secretary 
shall give the project sponsor (and the State, if the 
State is not the sponsor) written notice and a period 
of at least 30 days to address the concerns. 
(h) REPORTING.— 
(1) ANNUAL REPORT.—The Secretary, in con-
sultation with the affected agency, shall annually 
submit to the Committee on Transportation and In-
frastructure of the House of Representatives and the 
Committee on Environment and Public Works of the 
Senate a report on each eligible project participating 
in the program. 
(2) CONTENTS.—The annual report under 
paragraph (1) shall— 
(A) identify each eligible project; 
(B) provide a status update on the envi-
ronmental review process for such project; and 
(C) summarize any lessons learned from 
the use of innovative practices authorized under 
the pilot program. 
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(i) SUNSET.—The pilot program established under 
subsection (b) shall terminate on the date that is 5 years 
after the date of enactment of this Act. 
(j) DEFINITIONS.—In this section: 
(1) AFFECTED AGENCY.—The term ‘‘affected 
agency’’ means a Federal agency or agencies, other 
than the Department of Transportation, with an ap-
proval or consultation role that would be affected if 
the flexibilities described in subsection (c) are used. 
(2) ELIGIBLE ENTITY.—The term ‘‘eligible enti-
ty’’ means any State department of transportation. 
(3) ELIGIBLE
PROJECT.—The term ‘‘eligible 
project’’ includes— 
(A) any project (as such term is defined in 
section 139(a)(6) of title 23, United States 
Code) for which the environmental review proc-
ess has not been initiated for such project; and 
(B) any proposal to meet paragraphs (1) 
through (4) of subsection (c). 
SEC. 1208. MAJOR PROJECTS THRESHOLD. 
(a) IN GENERAL.—Section 106 of title 23, United 
States Code, is amended— 
(1) 
in 
subsection 
(h)(1) 
by 
striking 
‘‘$500,000,000’’ and inserting ‘‘$1,000,000,000, in-
creased by the Secretary as necessary,’’; 
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(2) by striking subsection (i); and 
(3) by redesignating subsection (j) as sub-
section (i). 
(b) CONFORMING AMENDMENTS.—Section 139(h) of 
title 23, United States Code, is amended— 
(1) in paragraph (7)(B)(i)(I) by striking ‘‘or 
(i)’’; and 
(2) by amending paragraph (8) to read as fol-
lows: 
‘‘(8) EXPEDIENT DECISIONS AND REVIEWS.— 
To ensure that Federal environmental decisions and 
reviews are expeditiously made, adequate resources 
made available under this title shall be devoted to 
ensuring that applicable environmental reviews 
under the National Environmental Policy Act of 
1969 (42 U.S.C. 4321 et seq.) are completed on an 
expeditious basis and that the shortest existing ap-
plicable process under that Act is implemented, not 
to exceed 2 years.’’. 
SEC. 1209. ADDING PREVIOUSLY APPROVED PROJECTS TO 
THE TRANSPORTATION IMPROVEMENT PRO-
GRAM. 
(a) METROPOLITAN TRANSPORTATION PLANNING.— 
Section 134(j)(1) of title 23, United States Code, is 
amended by adding at the end the following: 
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‘‘(E) EXCEPTION.—Notwithstanding any 
other provision of law, the amendment of an ap-
proved TIP to add a project or an identified 
phase of a project does not require public re-
view and comment if the added project or the 
identified phase— 
‘‘(i) was in the approved TIP that im-
mediately preceded the current TIP; and 
‘‘(ii) is unchanged from the project or 
the identified phase in that preceding 
TIP.’’. 
(b) STATEWIDE AND NONMETROPOLITAN TRANSPOR-
TATION PLANNING.—Section 135(g) of title 23, United 
States Code, is amended— 
(1) by redesignating paragraph (9) as para-
graph (10); and 
(2) by inserting after paragraph (8) the fol-
lowing: 
‘‘(9) EXCEPTION.—Notwithstanding any other 
provision of law, the amendment of an approved TIP 
to add a project or an identified phase of a project 
does not require public review and comment if the 
added project or the identified phase— 
‘‘(A) was in the approved transportation 
improvement program that immediately pre-
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ceded the transportation improvement program 
in effect on the date of such proposed amend-
ment; and 
‘‘(B) is unchanged from the project or the 
identified phase in that preceding transpor-
tation improvement program.’’. 
TITLE II—INNOVATIVE PROJECT 
FINANCE 
SEC. 2001. TRANSPORTATION INFRASTRUCTURE FINANCE 
AND INNOVATION ACT OF 1998 TEMPORARY 
LOAN RELIEF DUE TO THE COVID–19 PAN-
DEMIC. 
(a) DEFINITIONS.—In this section: 
(1) ELIGIBLE BORROWER.—The term ‘‘eligible 
borrower’’ means a recipient of an eligible loan ad-
ministered by the National Surface Transportation 
and Innovative Finance Bureau. 
(2) ELIGIBLE LOAN.—The term ‘‘eligible loan’’ 
means a loan provided on or before the date of en-
actment of this Act under a program described in 
subparagraph (A) or (B) of section 116(d)(1) of title 
49, United States Code. 
(3) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Transportation. 
(b) INTEREST RATE RESET.— 
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(1) IN
GENERAL.—If, at any time after the 
date of execution of an eligible loan, the eligible bor-
rower of such eligible loan is unable to generate suf-
ficient revenues from the dedicated revenue source 
as a result of the COVID–19 pandemic and is un-
able to pay the scheduled repayments of principal 
and interest on such eligible loan— 
(A) the eligible borrower may submit to 
the Secretary a request to reset the interest 
rate of the eligible loan in such manner and 
containing such information as the Secretary 
may require; and 
(B) the Secretary— 
(i) in accordance with such criteria as 
the Secretary may establish under sub-
section (d), shall determine whether the el-
igible borrower is unable to generate suffi-
cient revenues as a result of the COVID– 
19 pandemic; and 
(ii) if a positive determination is made 
under clause (i), may reset the interest 
rate of such eligible loan (including 
through amendment of such eligible loan) 
to a lower interest rate equal to not less 
than the yield on United States Treasury 
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securities of a similar maturity to the ma-
turity of the eligible loan on the date of the 
reset, in accordance with this section. 
(2) APPLICABILITY.—A lower interest rate pro-
vided for an eligible loan pursuant to paragraph 
(1)(B)(ii) shall apply until the final maturity date of 
the eligible loan. 
(c) OTHER LOAN MODIFICATIONS.—With respect to 
an eligible borrower described in subsection (b)(1), the 
Secretary, in carrying out subparagraph (B) of such sub-
section, may— 
(1) allow, for a maximum aggregate period of 
not more than 5 years, an obligor to add unpaid 
principal and interest to the outstanding balance of 
the loan, subject to the requirements under section 
502(j)(3)(B) of the Railroad Revitalization and Reg-
ulatory 
Reform 
Act 
of 
1976 
(45 
U.S.C. 
822(j)(3)(B)) or section 603(c)(3)(B) of title 23, 
United States Code, as applicable; and 
(2) extend any applicable disbursement period 
established under an agreement for credit assistance 
made pursuant to section 502 of the Railroad Revi-
talization and Regulatory Reform Act of 1976 (45 
U.S.C. 822) or section 603 of title 23, United States 
Code, as applicable. 
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100 
(d) CRITERIA.— 
(1) IN GENERAL.—To be eligible to receive a 
lower interest rate or other loan modification under 
this section, an eligible borrower shall achieve com-
pliance with such criteria as the Secretary may es-
tablish, in accordance with paragraph (2). 
(2) FACTORS FOR CONSIDERATION.—In estab-
lishing criteria for purposes of paragraph (1), the 
Secretary may take into consideration such factors 
as the Secretary determines to be relevant, including 
achieving the objectives of— 
(A) maintaining the operation of a project 
carried out by an eligible borrower in a disaster, 
emergency, or other extenuating circumstance; 
(B) mitigating the financial impact on an 
eligible borrower of a disaster, emergency, or 
other extenuating circumstance; and 
(C) protecting the interests of the Federal 
Government in critical infrastructure. 
(e) EFFECTIVE PERIOD.— 
(1) IN GENERAL.—The authority of the Sec-
retary to reset interest rates pursuant to this section 
shall terminate on September 30, 2022. 
(2) EFFECT OF SUBSECTION.—Nothing in this 
subsection affects any eligible loan that is modified 
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101 
pursuant to this section on or before September 30, 
2022. 
TITLE III—PUBLIC 
TRANSPORTATION 
SEC. 3001. SHORT TITLE. 
This title may be cited as the ‘‘Federal Public Trans-
portation Act of 2021’’. 
SEC. 3002. URBANIZED AREA FORMULA GRANTS. 
(a) IMPACTS
OF SERVICE REDUCTIONS.—Section 
5307(c)(1) is amended— 
(1) by redesignating subparagraphs (J) and (K) 
as subparagraphs (K) and (L), respectively; and 
(2) by inserting after subparagraph (I) the fol-
lowing: 
‘‘(J) in any case in which a project will re-
sult in a service reduction that impacts an area 
of persistent poverty, consider whether third 
party contractors can offer options for con-
tinuing the service, provided that such options 
do not negatively impact the salaries or benefits 
of employees currently providing the service;’’. 
(b) TARGETED REVIEW.—Section 5307(f)(2) of title 
49, United States Code, is amended— 
(1) by striking ‘‘At least once every 3 years’’ 
and inserting the following: 
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102 
‘‘(A) IN GENERAL.—At least once every 3 
years, except as provided for under subpara-
graph (B)’’; and 
(2) by adding at the end the following: 
‘‘(B) TARGETED REVIEW FOR HIGH-PER-
FORMING RECIPIENTS.—In the case of a recipi-
ent under this section for which no action under 
paragraph (3) has been found to be necessary 
for 6 or more consecutive years, the triennial 
review shall be a targeted review, as determined 
by the Secretary, to ascertain whether there is, 
with respect to the performance of a program 
under this section— 
‘‘(i) any outstanding or unresolved 
finding from prior reviews; 
‘‘(ii) evidence of noncompliance with 
an applicable statutory or administrative 
requirement under this chapter; or 
‘‘(iii) any material change since the 
most recent triennial review that the Sec-
retary determines risks the recipient’s com-
pliance with respect to such performance.’’. 
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103 
SEC. 
3003. 
FIXED 
GUIDEWAY 
CAPITAL 
INVESTMENT 
GRANTS. 
Section 5309 of title 49, United States Code, is 
amended— 
(1) in subsection (a)— 
(A) in paragraph (7)— 
(i) in subparagraph (A) by striking 
‘‘$100,000,000’’ 
and 
inserting 
‘‘$200,000,000’’; and 
(ii) in subparagraph (B) by striking 
‘‘$300,000,000’’ 
and 
inserting 
‘‘$400,000,000’’; and 
(B) by adding at the end the following: 
‘‘(8) RURAL START PROJECT.—The term ‘rural 
start project’ means a new transit capital project 
that is not in an urbanized area for which— 
‘‘(A) the Federal assistance provided or to 
be provided under this section is less than 
$80,000,000; and 
‘‘(B) the total estimated net capital cost is 
less than $150,000,000.’’; 
(2) in subsection (b)(1) by striking ‘‘or small 
start projects’’ and inserting ‘‘, small start projects, 
or rural start projects’’; 
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104 
(3) in subsection (c)(1) by striking ‘‘small start 
projects’’ and inserting ‘‘, small start projects, rural 
start projects’’; and 
(4) in subsection (h)— 
(A) in the heading by striking ‘‘SMALL 
START
PROJECTS’’ and inserting ‘‘SMALL 
START
PROJECTS
AND
RURAL
START 
PROJECTS’’; 
(B) in paragraph (1) by striking ‘‘small 
start project’’ and inserting ‘‘small start project 
or rural start project’’; 
(C) in paragraph (2)(A) by striking ‘‘small 
starts project’’ and inserting ‘‘small start 
project or rural start project’’; 
(D) in paragraph (3) by striking ‘‘small 
start project’’ and inserting ‘‘small start project 
or rural start project’’; and 
(E) in paragraph (6)(A) by striking ‘‘small 
start project’’ and inserting ‘‘small start project 
or rural start project’’. 
SEC. 3004. ENHANCED MOBILITY OF SENIORS AND INDIVID-
UALS WITH DISABILITIES. 
Section 5310 of title 49, United States Code, is 
amended— 
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105 
(1) in subsection (b)(2) by striking ‘‘(A) 
AMOUNT AVAILABLE’’ and all that follows through 
‘‘A recipient of a grant under’’ and inserting ‘‘A re-
cipient of a grant under’’; 
(2) in subsection (c)(2) by adding at the end 
the following: 
‘‘(E) REALLOCATION.—Amounts appor-
tioned under section 5310(c)(1)(A) may be re-
allocated to projects in areas other than urban-
ized areas.’’; 
(3) by striking paragraphs (1) and (2) of sub-
section (d) and inserting the following: 
‘‘(1) CAPITAL PROJECTS.— 
‘‘(A) IN GENERAL.—Except as provided in 
subparagraph (B), a grant awarded under this 
section for a capital project shall be 80 percent 
of the net costs of the project, as determined by 
the Secretary. 
‘‘(B) EXCEPTION.—A State described in 
section 120(b) of title 23 shall receive a Federal 
Government share of the net costs in accord-
ance with the formula under such section. 
‘‘(2) OPERATING ASSISTANCE.— 
‘‘(A) IN GENERAL.—Except as provided by 
subparagraph (B), a grant awarded under this 
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106 
section for a operating assistance may not ex-
ceed an amount equal to 50 percent of the net 
operating costs of the project, as determined by 
the Secretary. 
‘‘(B) EXCEPTION.—A state described in 
section 120(b) of title 23 shall receive a Federal 
Government share of the net costs that is equal 
to 62.5 percent of the Federal Government 
share provided for under paragraph (1)(B).’’; 
and 
(4) by striking subsection (e)(1) and inserting 
the following: 
‘‘(1) IN GENERAL.—To the extent the Secretary 
determines appropriate, the requirements of— 
‘‘(A) section 5307 shall apply to recipients 
of grants made in urbanized areas under this 
subsection; and 
‘‘(B) section 5311 shall apply to recipients 
of grants made in rural areas under this sub-
section.’’. 
SEC. 3005. FORMULA GRANTS FOR RURAL AREAS. 
Section 5311(g) of title 49, United States Code, is 
amended— 
(1) in paragraph (1) by adding at the end the 
following: 
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107 
‘‘(C) PROJECTS
IN
QUALIFIED
OPPOR-
TUNITY
ZONES, 
MEDICALLY
UNDERSERVED 
AREAS, OR AREAS WITH A MEDICALLY UNDER-
SERVED POPULATION.—A grant awarded under 
this section for a capital project in a qualified 
opportunity zone, a medically underserved area, 
or areas with a medically underserved popu-
lation shall be for 90 percent of the net costs 
of the project, as determined by the Sec-
retary.’’; 
(2) in paragraph (2) by adding at the end the 
following: 
‘‘(C) PROJECTS
IN
QUALIFIED
OPPOR-
TUNITY
ZONES, 
MEDICALLY
UNDERSERVED 
AREAS, OR AREAS WITH A MEDICALLY UNDER-
SERVED POPULATION.—A grant awarded under 
this section for a capital project in a qualified 
opportunity zone, a medically underserved area, 
or an area with a medically underserved popu-
lation shall be for 62.5 percent of the Federal 
Government share provided for under para-
graph (1)(B).’’; and 
(3) by adding at the end the following: 
‘‘(6) DEFINITIONS.—In this subsection: 
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108 
‘‘(A) QUALIFIED
OPPORTUNITY
ZONE.— 
The term ‘qualified opportunity zone’ has the 
meaning given such term section 1400Z–1 of 
the Internal Revenue Code of 1986. 
‘‘(B) MEDICALLY
UNDERSERVED
AREAS; 
AN
AREA
WITH
A
MEDICALLY
UNDERSERVED 
POPULATION.—The 
term 
‘medically 
under-
served areas’ or ‘an area with a medically un-
derserved population’ means an area or popu-
lations that are designated as medically under-
served by the Secretary of Health and Human 
Services pursuant to section 330(b)(3) of the 
Public 
Health 
Service 
Act 
(42 
U.S.C. 
254b(b)(3)).’’. 
SEC. 3006. NON-EMERGENCY MEDICAL TRANSPORTATION. 
(a) RESEARCH
PROJECT
ELIGIBILITY.—Section 
5312(c)(2) of title 49, United States Code, is amended— 
(1) in subparagraph (M), by striking ‘‘or’’ at 
the end; 
(2) by redesignating subparagraph (N) as sub-
paragraph (O); and 
(3) by inserting after subparagraph (M) the fol-
lowing: 
‘‘(N) access to hospitals and healthcare 
providers in areas underserved by transit or 
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109 
with limited public transportation options, as 
determined by the Secretary; or’’. 
(b) INNOVATION AND DEVELOPMENT PROJECT ELI-
GIBILITY.—Section 5312(d)(2) of title 49, United States 
Code, is amended— 
(1) in subparagraph (G), by striking ‘‘or’’ at 
the end; 
(2) by redesignating subparagraph (H) as sub-
paragraph (I); and 
(3) by inserting after subparagraph (G) the fol-
lowing: 
‘‘(H) public transportation projects that 
improve health care access and outcomes; or’’. 
(c) DEMONSTRATION, DEPLOYMENT, AND EVALUA-
TION PROJECT ELIGIBILITY.—Section 5312(e)(3) of title 
49, United States Code, is amended— 
(1) in subparagraph (B), by striking ‘‘or’’ at 
the end; 
(2) in subparagraph (C), by striking the period 
and inserting ‘‘; or’’; and 
(3) by adding at the end the following: 
‘‘(D) the deployment of public transpor-
tation projects or practices that— 
‘‘(i) achieve measurable improvements 
in transportation access to health care for 
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110 
medically underserved areas or popu-
lations, as designated by the Health Re-
sources and Services Administration pursu-
ant to section 330(b)(3) of the Public 
Health 
Service 
Act 
(42 
U.S.C. 
254b(b)(3)); 
‘‘(ii) implement transportation strate-
gies for addressing significant health needs 
as identified by a community health needs 
assessment pursuant to the requirements 
of section 501(r)(3)(A) of the Internal 
Revenue Code of 1986; or 
‘‘(iii) eliminate or reduce transpor-
tation barriers to accessing health care 
that are identified and prioritized in the 
coordinated public transit-human services 
transportation plan described in section 
5310(e)(2)(A).’’. 
SEC. 3007. TECHNICAL ASSISTANCE AND WORKFORCE DE-
VELOPMENT. 
(a) IN GENERAL.—Section 5314(a) of title 49, 
Unites States Code, is amended— 
(1) in paragraph (2)— 
(A) in subparagraph (H) by striking ‘‘and’’ 
at the end; 
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111 
(B) by redesignating subparagraph (I) as 
subparagraph (J); and 
(C) by inserting after subparagraph (H) 
the following: 
‘‘(I) provide innovation and capacity-build-
ing to rural and tribal public transportation re-
cipients but that do not duplicate the activities 
of sections 5311(b) or 5312; and’’; and 
(2) by adding at the end the following: 
‘‘(5) AVAILABILITY
OF
AMOUNTS.—Of the 
amounts made available to carry out this section 
under section 5338(c), such sums as necessary shall 
be available to carry out activities described in para-
graph (2)(I).’’. 
(b) 
AVAILABILITY
OF
AMOUNTS.—Section 
5314(c)(4)(A) of title 49, United States Code, is amended 
by inserting ‘‘5311,’’ after ‘‘5307,’’. 
SEC. 3008. GENERAL PROVISIONS. 
(a) REASONABLE ACCESS
TO PUBLIC TRANSPOR-
TATION FACILITIES.—Section 5323 of title 49, United 
States Code, is amended by striking subsection (r) and 
inserting the following: 
‘‘(r) REASONABLE ACCESS TO PUBLIC TRANSPOR-
TATION FACILITIES.— 
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112 
‘‘(1) IN GENERAL.—A recipient of assistance 
under this chapter may not deny reasonable access 
for a private or charter transportation operator to 
federally funded public transportation facilities, in-
cluding intermodal facilities, park and ride lots, and 
bus-only highway lanes. In determining reasonable 
access, capacity requirements of the recipient of as-
sistance and the extent to which access would be 
detrimental or beneficial to existing public transpor-
tation services must be considered. A recipient shall 
respond to any request for reasonable access within 
90 days of the receipt of the request. 
‘‘(2) RESPONSE TO REQUEST.— 
‘‘(A) IN GENERAL.—If a recipient of as-
sistance under this chapter fails to respond to 
a request within the 90-day period described in 
paragraph (1), the operator may seek assist-
ance from the Secretary to obtain a response. 
‘‘(B) DENIAL OF ACCESS.—If a recipient 
of assistance under this chapter denies access 
to a private intercity or charter transportation 
operator based on the reasonable access stand-
ards provided in paragraph (1), the recipient 
shall provide, in writing, the reasons for the de-
nial.’’. 
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119 
‘‘(1) allow for the integration of mobility serv-
ices or technologies in public transportation services, 
including traveler information, trip planning infor-
mation, new or expanded reservation capabilities, in-
tegrated payment solutions, fare automation, or de-
livery designs to improve options in public transpor-
tation; 
‘‘(2) advance first-mile, last-mile, late night, or 
low density services that connect riders to public 
transportation, including— 
‘‘(A) microtransit; 
‘‘(B) commuter busing; or 
‘‘(C) commuter highway vehicles; 
‘‘(3) advance on demand complementary para-
transit services; 
‘‘(4) provide accessibility and connectivity for 
rural areas not being adequately served by public 
transportation, as determined by the Secretary; 
‘‘(5) expand high-performing public transpor-
tation business models that increase access to public 
transportation; or 
‘‘(6) provide any other transit service that the 
Secretary determines appropriate to meet the pur-
poses of this section. 
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Sfmt 6201
E:\BILLS\H3341.IH
H3341
pbinns on DSKJLVW7X2PROD with BILLS