H. R. 3—706
‘‘(7) PUBLICATION.—
‘‘(A) PUBLICATION OF TIPS.—A TIP involving Federal 
participation shall be published or otherwise made readily 
available by the metropolitan planning organization for 
public review. 
‘‘(B) PUBLICATION OF ANNUAL LISTINGS OF PROJECTS.—
An annual listing of projects, including investments in 
pedestrian walkways and bicycle transportation facilities, 
for which Federal funds have been obligated in the pre-
ceding year shall be published or otherwise made available 
by the cooperative effort of the State, transit operator, 
and metropolitan planning organization for public review. 
The listing shall be consistent with the categories identified 
in the TIP. 
‘‘(k) TRANSPORTATION MANAGEMENT AREAS.—
‘‘(1) IDENTIFICATION AND DESIGNATION.—
‘‘(A) REQUIRED IDENTIFICATION.—The Secretary shall 
identify as a transportation management area each urban-
ized area (as defined by the Bureau of the Census) with 
a population of over 200,000 individuals. 
‘‘(B) DESIGNATIONS ON REQUEST.—The Secretary shall 
designate any additional area as a transportation manage-
ment area on the request of the Governor and the metro-
politan planning organization designated for the area. 
‘‘(2) TRANSPORTATION PLANS.—In a metropolitan planning 
area serving a transportation management area, transportation 
plans shall be based on a continuing and comprehensive 
transportation planning process carried out by the metropolitan 
planning organization in cooperation with the State and public 
transportation operators. 
‘‘(3) CONGESTION MANAGEMENT PROCESS.—Within a metro-
politan planning area serving a transportation management 
area, the transportation planning process under this section 
shall address congestion management through a process that 
provides for effective management and operation, based on 
a cooperatively developed and implemented metropolitan-wide 
strategy, of new and existing transportation facilities eligible 
for funding under this title and chapter 53 of title 49 through 
the use of travel demand reduction and operational manage-
ment strategies. The Secretary shall establish an appropriate 
phase-in schedule for compliance with the requirements of this 
section but no sooner than 1 year after the identification of 
a transportation management area. 
‘‘(4) SELECTION OF PROJECTS.—
‘‘(A) IN GENERAL.—All federally funded projects carried 
out within the boundaries of a metropolitan planning area 
serving a transportation management area under this title 
(excluding projects carried out on the National Highway 
System and projects carried out under the bridge program 
or the Interstate maintenance program) or under chapter 
53 of title 49 shall be selected for implementation from 
the approved TIP by the metropolitan planning organiza-
tion designated for the area in consultation with the State 
and any affected public transportation operator. 
‘‘(B) NATIONAL HIGHWAY SYSTEM PROJECTS.—Projects 
carried out within the boundaries of a metropolitan plan-
ning area serving a transportation management area on
H. R. 3—707
the National Highway System and projects carried out 
within such boundaries under the bridge program or the 
Interstate maintenance program under this title shall be 
selected for implementation from the approved TIP by the 
State in cooperation with the metropolitan planning 
organization designated for the area. 
‘‘(5) CERTIFICATION.—
‘‘(A) IN GENERAL.—The Secretary shall—
‘‘(i) ensure that the metropolitan planning process 
of a metropolitan planning organization serving a 
transportation management area is being carried out 
in accordance with applicable provisions of Federal 
law; and 
‘‘(ii) subject to subparagraph (B), certify, not less 
often than once every 4 years, that the requirements 
of this paragraph are met with respect to the metropoli-
tan planning process. 
‘‘(B) REQUIREMENTS
FOR
CERTIFICATION.—The Sec-
retary may make the certification under subparagraph (A) 
if—
‘‘(i) the transportation planning process complies 
with the requirements of this section and other 
applicable requirements of Federal law; and 
‘‘(ii) there is a TIP for the metropolitan planning 
area that has been approved by the metropolitan plan-
ning organization and the Governor. 
‘‘(C) EFFECT OF FAILURE TO CERTIFY.—
‘‘(i) WITHHOLDING OF PROJECT FUNDS.—If a metro-
politan planning process of a metropolitan planning 
organization serving a transportation management 
area is not certified, the Secretary may withhold up 
to 20 percent of the funds attributable to the metropoli-
tan planning area of the metropolitan planning 
organization for projects funded under this title and 
chapter 53 of title 49. 
‘‘(ii) RESTORATION OF WITHHELD FUNDS.—The with-
held funds shall be restored to the metropolitan plan-
ning area at such time as the metropolitan planning 
process is certified by the Secretary. 
‘‘(D) REVIEW
OF
CERTIFICATION.—In making certifi-
cation determinations under this paragraph, the Secretary 
shall provide for public involvement appropriate to the 
metropolitan area under review. 
‘‘(l) ABBREVIATED PLANS FOR CERTAIN AREAS.—
‘‘(1) IN GENERAL.—Subject to paragraph (2), in the case 
of a metropolitan area not designated as a transportation 
management area under this section, the Secretary may provide 
for the development of an abbreviated transportation plan and 
TIP for the metropolitan planning area that the Secretary 
determines is appropriate to achieve the purposes of this sec-
tion, taking into account the complexity of transportation prob-
lems in the area. 
‘‘(2) NONATTAINMENT
AREAS.—The Secretary may not 
permit abbreviated plans or TIPs for a metropolitan area that 
is in nonattainment for ozone or carbon monoxide under the 
Clean Air Act.
H. R. 3—708
‘‘(m) ADDITIONAL REQUIREMENTS FOR CERTAIN NONATTAINMENT 
AREAS.—
‘‘(1) IN GENERAL.—Notwithstanding any other provisions 
of this title or chapter 53 of title 49, for transportation manage-
ment areas classified as nonattainment for ozone or carbon 
monoxide pursuant to the Clean Air Act, Federal funds may 
not be advanced in such area for any highway project that 
will result in a significant increase in the carrying capacity 
for single-occupant vehicles unless the project is addressed 
through a congestion management process. 
‘‘(2) APPLICABILITY.—This subsection applies to a nonattain-
ment area within the metropolitan planning area boundaries 
determined under subsection (e). 
‘‘(n) LIMITATION
ON STATUTORY CONSTRUCTION.—Nothing in 
this section shall be construed to confer on a metropolitan planning 
organization the authority to impose legal requirements on any 
transportation facility, provider, or project not eligible under this 
title or chapter 53 of title 49. 
‘‘(o) FUNDING.—Funds set aside under section 104(f) of this 
title or section 5305(g) of title 49 shall be available to carry out 
this section. 
‘‘(p) CONTINUATION
OF
CURRENT
REVIEW
PRACTICE.—Since 
plans and TIPs described in this section are subject to a reasonable 
opportunity for public comment, since individual projects included 
in plans and TIPs are subject to review under the National Environ-
mental Policy Act of 1969 (42 U.S.C. 4321 et seq.), and since 
decisions by the Secretary concerning plans and TIPs described 
in this section have not been reviewed under such Act as of January 
1, 1997, any decision by the Secretary concerning a plan or TIP 
described in this section shall not be considered to be a Federal 
action subject to review under such Act. 
‘‘§ 135. Statewide transportation planning 
‘‘(a) GENERAL REQUIREMENTS.—
‘‘(1) DEVELOPMENT OF PLANS AND PROGRAMS.—To accom-
plish the objectives stated in section 134(a), each State shall 
develop a statewide transportation plan and a statewide 
transportation improvement program for all areas of the State, 
subject to section 134. 
‘‘(2) CONTENTS.—The statewide transportation plan and the 
transportation improvement program developed for each State 
shall provide for the development and integrated management 
and operation of transportation systems and facilities (including 
accessible pedestrian walkways and bicycle transportation 
facilities) that will function as an intermodal transportation 
system for the State and an integral part of an intermodal 
transportation system for the United States. 
‘‘(3) PROCESS OF DEVELOPMENT.—The process for developing 
the statewide plan and the transportation improvement pro-
gram shall provide for consideration of all modes of transpor-
tation and the policies stated in section 134(a), and shall be 
continuing, cooperative, and comprehensive to the degree appro-
priate, based on the complexity of the transportation problems 
to be addressed. 
‘‘(b) COORDINATION WITH METROPOLITAN PLANNING; STATE 
IMPLEMENTATION PLAN.—A State shall—
H. R. 3—709
‘‘(1) coordinate planning carried out under this section with 
the transportation planning activities carried out under section 
134 for metropolitan areas of the State and with statewide 
trade and economic development planning activities and related 
multistate planning efforts; and 
‘‘(2) develop the transportation portion of the State 
implementation plan as required by the Clean Air Act (42 
U.S.C. 7401 et seq.). 
‘‘(c) INTERSTATE AGREEMENTS.—
‘‘(1) IN GENERAL.—The consent of Congress is granted to 
two or more States entering into agreements or compacts, not 
in conflict with any law of the United States, for cooperative 
efforts and mutual assistance in support of activities authorized 
under this section related to interstate areas and localities 
in the States and establishing authorities the States consider 
desirable for making the agreements and compacts effective. 
‘‘(2) RESERVATION OF RIGHTS.—The right to alter, amend, 
or repeal interstate compacts entered into under this subsection 
is expressly reserved. 
‘‘(d) SCOPE OF PLANNING PROCESS.—
‘‘(1) IN GENERAL.—Each State shall carry out a statewide 
transportation planning process that provides for consideration 
and implementation of projects, strategies, and services that 
will—
‘‘(A) support the economic vitality of the United States, 
the States, nonmetropolitan areas, and metropolitan areas, 
especially by enabling global competitiveness, productivity, 
and efficiency; 
‘‘(B) increase the safety of the transportation system 
for motorized and nonmotorized users; 
‘‘(C) increase the security of the transportation system 
for motorized and nonmotorized users; 
‘‘(D) increase the accessibility and mobility of people 
and freight; 
‘‘(E) protect and enhance the environment, promote 
energy conservation, improve the quality of life, and pro-
mote consistency between transportation improvements 
and State and local planned growth and economic develop-
ment patterns; 
‘‘(F) enhance the integration and connectivity of the 
transportation system, across and between modes through-
out the State, for people and freight; 
‘‘(G) promote efficient system management and oper-
ation; and 
‘‘(H) emphasize the preservation of the existing 
transportation system. 
‘‘(2) FAILURE TO CONSIDER FACTORS.—The failure to con-
sider any factor specified in paragraph (1) shall not be review-
able by any court under this title or chapter 53 of title 49, 
subchapter II of chapter 5 of title 5, or chapter 7 of title 
5 in any matter affecting a statewide transportation plan, the 
transportation improvement program, a project or strategy, 
or the certification of a planning process. 
‘‘(e) ADDITIONAL REQUIREMENTS.—In carrying out planning 
under this section, each State shall consider, at a minimum—
‘‘(1) with respect to nonmetropolitan areas, the concerns 
of affected local officials with responsibility for transportation;
H. R. 3—710
‘‘(2) the concerns of Indian tribal governments and Federal 
land management agencies that have jurisdiction over land 
within the boundaries of the State; and 
‘‘(3) coordination of transportation plans, the transportation 
improvement program, and planning activities with related 
planning activities being carried out outside of metropolitan 
planning areas and between States. 
‘‘(f) LONG-RANGE STATEWIDE TRANSPORTATION PLAN.—
‘‘(1) DEVELOPMENT.—Each State shall develop a long-range 
statewide transportation plan, with a minimum 20-year forecast 
period for all areas of the State, that provides for the develop-
ment and implementation of the intermodal transportation 
system of the State. 
‘‘(2) CONSULTATION WITH GOVERNMENTS.—
‘‘(A) METROPOLITAN AREAS.—The statewide transpor-
tation plan shall be developed for each metropolitan area 
in the State in cooperation with the metropolitan planning 
organization designated for the metropolitan area under 
section 134. 
‘‘(B) NONMETROPOLITAN AREAS.—With respect to non-
metropolitan areas, the statewide transportation plan shall 
be developed in consultation with affected nonmetropolitan 
officials with responsibility for transportation. The Sec-
retary shall not review or approve the consultation process 
in each State. 
‘‘(C) INDIAN TRIBAL AREAS.—With respect to each area 
of the State under the jurisdiction of an Indian tribal 
government, the statewide transportation plan shall be 
developed in consultation with the tribal government and 
the Secretary of the Interior. 
‘‘(D) CONSULTATION, 
COMPARISON, 
AND
CONSIDER-
ATION.—
‘‘(i) IN GENERAL.—The long-range transportation 
plan shall be developed, as appropriate, in consultation 
with State, tribal, and local agencies responsible for 
land use management, natural resources, environ-
mental protection, conservation, and historic preserva-
tion. 
‘‘(ii) COMPARISON AND CONSIDERATION.—Consulta-
tion under clause (i) shall involve comparison of 
transportation plans to State and tribal conservation 
plans or maps, if available, and comparison of transpor-
tation plans to inventories of natural or historic 
resources, if available. 
‘‘(3) PARTICIPATION BY INTERESTED PARTIES.—
‘‘(A) 
IN
GENERAL.—In 
developing 
the 
statewide 
transportation plan, the State shall provide citizens, 
affected public agencies, representatives of public transpor-
tation employees, freight shippers, private providers of 
transportation, representatives of users of public transpor-
tation, representatives of users of pedestrian walkways 
and bicycle transportation facilities, representatives of the 
disabled, providers of freight transportation services, and 
other interested parties with a reasonable opportunity to 
comment on the proposed plan. 
‘‘(B) METHODS.—In carrying out subparagraph (A), the 
State shall, to the maximum extent practicable—
H. R. 3—711
‘‘(i) hold any public meetings at convenient and 
accessible locations and times; 
‘‘(ii) employ visualization techniques to describe 
plans; and 
‘‘(iii) make public information available in elec-
tronically accessible format and means, such as the 
World Wide Web, as appropriate to afford reasonable 
opportunity for consideration of public information 
under subparagraph (A). 
‘‘(4) MITIGATION ACTIVITIES.—
‘‘(A) IN GENERAL.—A long-range transportation plan 
shall include a discussion of potential environmental miti-
gation activities and potential areas to carry out these 
activities, including activities that may have the greatest 
potential to restore and maintain the environmental func-
tions affected by the plan. 
‘‘(B) CONSULTATION.—The discussion shall be devel-
oped in consultation with Federal, State, and tribal wildlife, 
land management, and regulatory agencies. 
‘‘(5) FINANCIAL PLAN.—The statewide transportation plan 
may include a financial plan that demonstrates how the adopted 
statewide transportation plan can be implemented, indicates 
resources from public and private sources that are reasonably 
expected to be made available to carry out the plan, and rec-
ommends any additional financing strategies for needed projects 
and programs. The financial plan may include, for illustrative 
purposes, additional projects that would be included in the 
adopted statewide transportation plan if reasonable additional 
resources beyond those identified in the financial plan were 
available. 
‘‘(6) SELECTION OF PROJECTS FROM ILLUSTRATIVE LIST.—
A State shall not be required to select any project from the 
illustrative list of additional projects included in the financial 
plan described in paragraph (5). 
‘‘(7) EXISTING SYSTEM.—The statewide transportation plan 
should include capital, operations and management strategies, 
investments, procedures, and other measures to ensure the 
preservation and most efficient use of the existing transpor-
tation system. 
‘‘(8) 
PUBLICATION
OF
LONG-RANGE
TRANSPORTATION 
PLANS.—Each long-range transportation plan prepared by a 
State shall be published or otherwise made available, including 
(to the maximum extent practicable) in electronically accessible 
formats and means, such as the World Wide Web. 
‘‘(g) STATEWIDE TRANSPORTATION IMPROVEMENT PROGRAM.—
‘‘(1) DEVELOPMENT.—Each State shall develop a statewide 
transportation improvement program for all areas of the State. 
Such program shall cover a period of 4 years and be updated 
every 4 years or more frequently if the Governor elects to 
update more frequently. 
‘‘(2) CONSULTATION WITH GOVERNMENTS.—
‘‘(A) METROPOLITAN
AREAS.—With respect to each 
metropolitan area in the State, the program shall be devel-
oped in cooperation with the metropolitan planning 
organization designated for the metropolitan area under 
section 134.
H. R. 3—712
‘‘(B) NONMETROPOLITAN AREAS.—With respect to each 
nonmetropolitan area in the State, the program shall be 
developed in consultation with affected nonmetropolitan 
local officials with responsibility for transportation. The 
Secretary shall not review or approve the specific consulta-
tion process in the State. 
‘‘(C) INDIAN TRIBAL AREAS.—With respect to each area 
of the State under the jurisdiction of an Indian tribal 
government, the program shall be developed in consultation 
with the tribal government and the Secretary of the 
Interior. 
‘‘(3) PARTICIPATION BY INTERESTED PARTIES.—In developing 
the program, the State shall provide citizens, affected public 
agencies, representatives of public transportation employees, 
freight shippers, private providers of transportation, providers 
of freight transportation services, representatives of users of 
public transportation, representatives of users of pedestrian 
walkways and bicycle transportation facilities, representatives 
of the disabled, and other interested parties with a reasonable 
opportunity to comment on the proposed program. 
‘‘(4) INCLUDED PROJECTS.—
‘‘(A) IN GENERAL.—A transportation improvement pro-
gram developed under this subsection for a State shall 
include federally supported surface transportation expendi-
tures within the boundaries of the State. 
‘‘(B) LISTING
OF
PROJECTS.—An annual listing of 
projects for which funds have been obligated in the pre-
ceding year in each metropolitan planning area shall be 
published or otherwise made available by the cooperative 
effort of the State, transit operator, and the metropolitan 
planning organization for public review. The listing shall 
be consistent with the funding categories identified in each 
metropolitan transportation improvement program. 
‘‘(C) PROJECTS UNDER CHAPTER 2.—
‘‘(i) REGIONALLY
SIGNIFICANT
PROJECTS.—Region-
ally significant projects proposed for funding under 
chapter 2 shall be identified individually in the 
transportation improvement program. 
‘‘(ii) OTHER
PROJECTS.—Projects proposed for 
funding under chapter 2 that are not determined to 
be regionally significant shall be grouped in one line 
item or identified individually in the transportation 
improvement program. 
‘‘(D) CONSISTENCY
WITH
STATEWIDE
TRANSPORTATION 
PLAN.—Each project shall be—
‘‘(i) consistent with the statewide transportation 
plan developed under this section for the State; 
‘‘(ii) identical to the project or phase of the project 
as described in an approved metropolitan transpor-
tation plan; and 
‘‘(iii) in conformance with the applicable State air 
quality implementation plan developed under the 
Clean Air Act, if the project is carried out in an area 
designated as nonattainment for ozone, particulate 
matter, or carbon monoxide under such Act. 
‘‘(E) REQUIREMENT OF ANTICIPATED FULL FUNDING.—
The transportation improvement program shall include a
H. R. 3—713
project, or an identified phase of a project, only if full 
funding can reasonably be anticipated to be available for 
the project within the time period contemplated for comple-
tion of the project. 
‘‘(F) FINANCIAL
PLAN.—The transportation improve-
ment program may include a financial plan that dem-
onstrates how the approved transportation improvement 
program can be implemented, indicates resources from 
public and private sources that are reasonably expected 
to be made available to carry out the transportation 
improvement program, and recommends any additional 
financing strategies for needed projects and programs. The 
financial plan may include, for illustrative purposes, addi-
tional projects that would be included in the adopted 
transportation plan if reasonable additional resources 
beyond those identified in the financial plan were available. 
‘‘(G) SELECTION
OF
PROJECTS
FROM
ILLUSTRATIVE 
LIST.—
‘‘(i) NO
REQUIRED
SELECTION.—Notwithstanding 
subparagraph (F), a State shall not be required to 
select any project from the illustrative list of additional 
projects included in the financial plan under subpara-
graph (F). 
‘‘(ii) REQUIRED ACTION BY THE SECRETARY.—Action 
by the Secretary shall be required for a State to select 
any project from the illustrative list of additional 
projects included in the financial plan under subpara-
graph (F) for inclusion in an approved transportation 
improvement program. 
‘‘(H) PRIORITIES.—The transportation improvement 
program shall reflect the priorities for programming and 
expenditures of funds, including transportation enhance-
ment activities, required by this title and chapter 53 of 
title 49. 
‘‘(5) PROJECT SELECTION FOR AREAS OF LESS THAN 50,000 
POPULATION.—Projects carried out in areas with populations 
of less than 50,000 individuals shall be selected, from the 
approved transportation improvement program (excluding 
projects carried out on the National Highway System and 
projects carried out under the bridge program or the Interstate 
maintenance program under this title or under sections 5310, 
5311, 5316, and 5317 of title 49), by the State in cooperation 
with the affected nonmetropolitan local officials with responsi-
bility for transportation. Projects carried out in areas with 
populations of less than 50,000 individuals on the National 
Highway System or under the bridge program or the Interstate 
maintenance program under this title or under sections 5310, 
5311, 5316, and 5317 of title 49 shall be selected, from the 
approved statewide transportation improvement program, by 
the State in consultation with the affected nonmetropolitan 
local officials with responsibility for transportation. 
‘‘(6) TRANSPORTATION IMPROVEMENT PROGRAM APPROVAL.—
Every 4 years, a transportation improvement program devel-
oped under this subsection shall be reviewed and approved 
by the Secretary if based on a current planning finding.
H. R. 3—714
‘‘(7) PLANNING FINDING.—A finding shall be made by the 
Secretary at least every 4 years that the transportation plan-
ning process through which statewide transportation plans and 
programs are developed is consistent with this section and 
section 134. 
‘‘(8) 
MODIFICATIONS
TO
PROJECT
PRIORITY.—Notwith-
standing any other provision of law, action by the Secretary 
shall not be required to advance a project included in the 
approved transportation improvement program in place of 
another project in the program. 
‘‘(h) FUNDING.—Funds set aside pursuant to section 104(f) of 
this title and section 5305(g) of title 49, shall be available to 
carry out this section. 
‘‘(i) TREATMENT
OF CERTAIN STATE LAWS
AS CONGESTION 
MANAGEMENT PROCESSES.—For purposes of this section and section 
134, and sections 5303 and 5304 of title 49, State laws, rules, 
or regulations pertaining to congestion management systems or 
programs may constitute the congestion management process under 
this section and section 134, and sections 5303 and 5304 of title 
49, if the Secretary finds that the State laws, rules, or regulations 
are consistent with, and fulfill the intent of, the purposes of this 
section and section 134 and sections 5303 and 5304 of title 49, 
as appropriate. 
‘‘(j) CONTINUATION OF CURRENT REVIEW PRACTICE.—Since the 
statewide transportation plan and the transportation improvement 
program described in this section are subject to a reasonable oppor-
tunity for public comment, since individual projects included in 
the statewide transportation plans and the transportation improve-
ment program are subject to review under the National Environ-
mental Policy Act of 1969 (42 U.S.C. 4321 et seq.), and since 
decisions by the Secretary concerning statewide transportation 
plans or the transportation improvement program described in this 
section have not been reviewed under such Act as of January 
1, 1997, any decision by the Secretary concerning a metropolitan 
or statewide transportation plan or the transportation improvement 
program described in this section shall not be considered to be 
a Federal action subject to review under such Act.’’. 
(b) SCHEDULE FOR IMPLEMENTATION.—The Secretary shall issue 
guidance on a schedule for implementation of the changes made 
by this section, taking into consideration the established planning 
update cycle for States and metropolitan planning organizations. 
The Secretary shall not require a State or metropolitan planning 
organization to deviate from its established planning update cycle 
to implement changes made by this section. Beginning July 1, 
2007, State or metropolitan planning organization plan or program 
updates shall reflect changes made by this section. 
(c) CONFORMING AMENDMENT.—The analysis for chapter 1 of 
such title is amended by striking the items relating to sections 
134 and 135 and inserting the following:
‘‘134. Metropolitan transportation planning. 
‘‘135. Statewide transportation planning.’’.
SEC. 6002. EFFICIENT ENVIRONMENTAL REVIEWS FOR PROJECT 
DECISIONMAKING. 
(a) IN GENERAL.—Subchapter I of chapter 1 of title 23, United 
States Code, is amended by inserting after section 138 the following:
H. R. 3—715
‘‘§ 139. Efficient environmental reviews for project decision-
making 
‘‘(a) DEFINITIONS.—In this section, the following definitions 
apply: 
‘‘(1) AGENCY.—The term ‘agency’ means any agency, depart-
ment, or other unit of Federal, State, local, or Indian tribal 
government. 
‘‘(2) 
ENVIRONMENTAL
IMPACT
STATEMENT.—The 
term 
‘environmental impact statement’ means the detailed statement 
of environmental impacts required to be prepared under the 
National Environmental Policy Act of 1969 (42 U.S.C. 4321 
et seq.). 
‘‘(3) ENVIRONMENTAL REVIEW PROCESS.—
‘‘(A) IN
GENERAL.—The term ‘environmental review 
process’ means the process for preparing for a project an 
environmental impact statement, environmental assess-
ment, categorical exclusion, or other document prepared 
under the National Environmental Policy Act of 1969 (42 
U.S.C. 4321 et seq.). 
‘‘(B) INCLUSIONS.—The term ‘environmental review 
process’ includes the process for and completion of any 
environmental permit, approval, review, or study required 
for a project under any Federal law other than the National 
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). 
‘‘(4) LEAD
AGENCY.—The term ‘lead agency’ means the 
Department of Transportation and, if applicable, any State 
or local governmental entity serving as a joint lead agency 
pursuant to this section. 
‘‘(5) MULTIMODAL PROJECT.—The term ‘multimodal project’ 
means a project funded, in whole or in part, under this title 
or chapter 53 of title 49 and involving the participation of 
more than one Department of Transportation administration 
or agency. 
‘‘(6) PROJECT.—The term ‘project’ means any highway 
project, public transportation capital project, or multimodal 
project that requires the approval of the Secretary. 
‘‘(7) PROJECT SPONSOR.—The term ‘project sponsor’ means 
the agency or other entity, including any private or public-
private entity, that seeks approval of the Secretary for a project. 
‘‘(8) STATE TRANSPORTATION DEPARTMENT.—The term ‘State 
transportation department’ means any statewide agency of a 
State with responsibility for one or more modes of transpor-
tation. 
‘‘(b) APPLICABILITY.—
‘‘(1) IN GENERAL.—The project development procedures in 
this section are applicable to all projects for which an environ-
mental impact statement is prepared under the National 
Environmental Policy Act of 1969 and may be applied, to the 
extent determined appropriate by the Secretary, to other 
projects for which an environmental document is prepared 
pursuant to such Act. 
‘‘(2) FLEXIBILITY.—Any authorities granted in this section 
may be exercised for a project, class of projects, or program 
of projects. 
‘‘(c) LEAD AGENCIES.—
H. R. 3—716
‘‘(1) FEDERAL LEAD AGENCY.—The Department of Transpor-
tation shall be the Federal lead agency in the environmental 
review process for a project. 
‘‘(2) JOINT LEAD AGENCIES.—Nothing in this section pre-
cludes another agency from being a joint lead agency in accord-
ance with regulations under the National Environmental Policy 
Act of 1969. 
‘‘(3) PROJECT SPONSOR AS JOINT LEAD AGENCY.—Any project 
sponsor that is a State or local governmental entity receiving 
funds under this title or chapter 53 of title 49 for the project 
shall serve as a joint lead agency with the Department for 
purposes of preparing any environmental document under the 
National Environmental Policy Act of 1969 and may prepare 
any such environmental document required in support of any 
action or approval by the Secretary if the Federal lead agency 
furnishes guidance in such preparation and independently 
evaluates such document and the document is approved and 
adopted by the Secretary prior to the Secretary taking any 
subsequent action or making any approval based on such docu-
ment, whether or not the Secretary’s action or approval results 
in Federal funding. 
‘‘(4) ENSURING COMPLIANCE.—The Secretary shall ensure 
that the project sponsor complies with all design and mitigation 
commitments made jointly by the Secretary and the project 
sponsor in any environmental document prepared by the project 
sponsor in accordance with this subsection and that such docu-
ment is appropriately supplemented if project changes become 
necessary. 
‘‘(5) ADOPTION
AND
USE
OF
DOCUMENTS.—Any environ-
mental document prepared in accordance with this subsection 
may be adopted or used by any Federal agency making any 
approval to the same extent that such Federal agency could 
adopt or use a document prepared by another Federal agency. 
‘‘(6) ROLES AND RESPONSIBILITY OF LEAD AGENCY.—With 
respect to the environmental review process for any project, 
the lead agency shall have authority and responsibility—
‘‘(A) to take such actions as are necessary and proper, 
within the authority of the lead agency, to facilitate the 
expeditious resolution of the environmental review process 
for the project; and 
‘‘(B) to prepare or ensure that any required environ-
mental impact statement or other document required to 
be completed under the National Environmental Policy Act 
of 1969 is completed in accordance with this section and 
applicable Federal law. 
‘‘(d) PARTICIPATING AGENCIES.—
‘‘(1) IN GENERAL.—The lead agency shall be responsible 
for inviting and designating participating agencies in accord-
ance with this subsection. 
‘‘(2) INVITATION.—The lead agency shall identify, as early 
as practicable in the environmental review process for a project, 
any other Federal and non-Federal agencies that may have 
an interest in the project, and shall invite such agencies to 
become participating agencies in the environmental review 
process for the project. The invitation shall set a deadline 
for responses to be submitted. The deadline may be extended 
by the lead agency for good cause.
H. R. 3—717
‘‘(3) FEDERAL
PARTICIPATING
AGENCIES.—Any Federal 
agency that is invited by the lead agency to participate in 
the environmental review process for a project shall be des-
ignated as a participating agency by the lead agency unless 
the invited agency informs the lead agency, in writing, by 
the deadline specified in the invitation that the invited agency—
‘‘(A) has no jurisdiction or authority with respect to 
the project; 
‘‘(B) has no expertise or information relevant to the 
project; and 
‘‘(C) does not intend to submit comments on the project. 
‘‘(4) EFFECT OF DESIGNATION.—Designation as a partici-
pating agency under this subsection shall not imply that the 
participating agency—
‘‘(A) supports a proposed project; or 
‘‘(B) has any jurisdiction over, or special expertise with 
respect to evaluation of, the project. 
‘‘(5) COOPERATING AGENCY.—A participating agency may 
also be designated by a lead agency as a ‘cooperating agency’ 
under the regulations contained in part 1500 of title 40, Code 
of Federal Regulations. 
‘‘(6) DESIGNATIONS FOR CATEGORIES OF PROJECTS.—The Sec-
retary may exercise the authorities granted under this sub-
section for a project, class of projects, or program of projects. 
‘‘(7) CONCURRENT
REVIEWS.—Each Federal agency shall, 
to the maximum extent practicable—
‘‘(A) carry out obligations of the Federal 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.), unless doing 
so would impair the ability of the Federal agency to carry 
out those obligations; and 
‘‘(B) formulate and implement administrative, policy, 
and procedural mechanisms to enable the agency to ensure 
completion of the environmental review process in a timely, 
coordinated, and environmentally responsible manner. 
‘‘(e) PROJECT INITIATION.—The project sponsor shall notify the 
Secretary of the type of work, termini, length and general location 
of the proposed project, together with a statement of any Federal 
approvals anticipated to be necessary for the proposed project, 
for the purpose of informing the Secretary that the environmental 
review process should be initiated. 
‘‘(f) PURPOSE AND NEED.—
‘‘(1) PARTICIPATION.—As early as practicable during the 
environmental review process, the lead agency shall provide 
an opportunity for involvement by participating agencies and 
the public in defining the purpose and need for a project. 
‘‘(2) DEFINITION.—Following participation under paragraph 
(1), the lead agency shall define the project’s purpose and 
need for purposes of any document which the lead agency 
is responsible for preparing for the project. 
‘‘(3) OBJECTIVES.—The statement of purpose and need shall 
include a clear statement of the objectives that the proposed 
action is intended to achieve, which may include—
‘‘(A) achieving a transportation objective identified in 
an applicable statewide or metropolitan transportation 
plan;
H. R. 3—718
‘‘(B) supporting land use, economic development, or 
growth objectives established in applicable Federal, State, 
local, or tribal plans; and 
‘‘(C) serving national defense, national security, or 
other national objectives, as established in Federal laws, 
plans, or policies. 
‘‘(4) ALTERNATIVES ANALYSIS.—
‘‘(A) PARTICIPATION.—As early as practicable during 
the environmental review process, the lead agency shall 
provide an opportunity for involvement by participating 
agencies and the public in determining the range of alter-
natives to be considered for a project. 
‘‘(B) RANGE OF ALTERNATIVES.—Following participation 
under paragraph (1), the lead agency shall determine the 
range of alternatives for consideration in any document 
which the lead agency is responsible for preparing for the 
project. 
‘‘(C) METHODOLOGIES.—The lead agency also shall 
determine, in collaboration with participating agencies at 
appropriate times during the study process, the methodolo-
gies to be used and the level of detail required in the 
analysis of each alternative for a project. 
‘‘(D) PREFERRED ALTERNATIVE.—At the discretion of the 
lead agency, the preferred alternative for a project, after 
being identified, may be developed to a higher level of 
detail than other alternatives in order to facilitate the 
development of mitigation measures or concurrent compli-
ance with other applicable laws if the lead agency deter-
mines that the development of such higher level of detail 
will not prevent the lead agency from making an impartial 
decision as to whether to accept another alternative which 
is being considered in the environmental review process. 
‘‘(g) COORDINATION AND SCHEDULING.—
‘‘(1) COORDINATION PLAN.—
‘‘(A) IN GENERAL.—The lead agency shall establish a 
plan for coordinating public and agency participation in 
and comment on the environmental review process for a 
project or category of projects. The coordination plan may 
be incorporated into a memorandum of understanding. 
‘‘(B) SCHEDULE.—
‘‘(i) IN GENERAL.—The lead agency may establish 
as part of the coordination plan, after consultation 
with each participating agency for the project and with 
the State in which the project is located (and, if the 
State is not the project sponsor, with the project 
sponsor), a schedule for completion of the environ-
mental review process for the project. 
‘‘(ii) FACTORS FOR CONSIDERATION.—In establishing 
the schedule, the lead agency shall consider factors 
such as—
‘‘(I) the responsibilities of participating agen-
cies under applicable laws; 
‘‘(II) resources available to the cooperating 
agencies; 
‘‘(III) overall size and complexity of the project; 
‘‘(IV) the overall schedule for and cost of the 
project; and
H. R. 3—719
‘‘(V) the sensitivity of the natural and historic 
resources that could be affected by the project. 
‘‘(C) CONSISTENCY
WITH
OTHER
TIME
PERIODS.—A 
schedule under subparagraph (B) shall be consistent with 
any other relevant time periods established under Federal 
law. 
‘‘(D) MODIFICATION.—The lead agency may—
‘‘(i) lengthen a schedule established under subpara-
graph (B) for good cause; and 
‘‘(ii) shorten a schedule only with the concurrence 
of the affected cooperating agencies. 
‘‘(E) DISSEMINATION.—A copy of a schedule under 
subparagraph (B), and of any modifications to the schedule, 
shall be—
‘‘(i) provided to all participating agencies and to 
the State transportation department of the State in 
which the project is located (and, if the State is not 
the project sponsor, to the project sponsor); and 
‘‘(ii) made available to the public. 
‘‘(2) COMMENT DEADLINES.—The lead agency shall establish 
the following deadlines for comment during the environmental 
review process for a project: 
‘‘(A) For comments by agencies and the public on a 
draft environmental impact statement, a period of not more 
than 60 days after publication in the Federal Register 
of notice of the date of public availability of such document, 
unless—
‘‘(i) a different deadline is established by agree-
ment of the lead agency, the project sponsor, and all 
participating agencies; or 
‘‘(ii) the deadline is extended by the lead agency 
for good cause. 
‘‘(B) For all other comment periods established by the 
lead agency for agency or public comments in the environ-
mental review process, a period of no more than 30 days 
from availability of the materials on which comment is 
requested, unless—
‘‘(i) a different deadline is established by agree-
ment of the lead agency, the project sponsor, and all 
participating agencies; or 
‘‘(ii) the deadline is extended by the lead agency 
for good cause. 
‘‘(3) DEADLINES
FOR
DECISIONS
UNDER
OTHER
LAWS.—In 
any case in which a decision under any Federal law relating 
to a project (including the issuance or denial of a permit or 
license) is required to be made by the later of the date that 
is 180 days after the date on which the Secretary made all 
final decisions of the lead agency with respect to the project, 
or 180 days after the date on which an application was sub-
mitted for the permit or license, the Secretary shall submit 
to the Committee on Environment and Public Works of the 
Senate and the Committee on Transportation and Infrastruc-
ture of the House of Representatives—
‘‘(A) as soon as practicable after the 180-day period, 
an initial notice of the failure of the Federal agency to 
make the decision; and
H. R. 3—720
‘‘(B) every 60 days thereafter until such date as all 
decisions of the Federal agency relating to the project have 
been made by the Federal agency, an additional notice 
that describes the number of decisions of the Federal 
agency that remain outstanding as of the date of the addi-
tional notice. 
‘‘(4) INVOLVEMENT OF THE PUBLIC.—Nothing in this sub-
section shall reduce any time period provided for public com-
ment in the environmental review process under existing Fed-
eral law, including a regulation. 
‘‘(h) ISSUE IDENTIFICATION AND RESOLUTION.—
‘‘(1) COOPERATION.—The lead agency and the participating 
agencies shall work cooperatively in accordance with this sec-
tion to identify and resolve issues that could delay completion 
of the environmental review process or could result in denial 
of any approvals required for the project under applicable laws. 
‘‘(2) LEAD AGENCY RESPONSIBILITIES.—The lead agency shall 
make information available to the participating agencies as 
early as practicable in the environmental review process 
regarding the environmental and socioeconomic resources 
located within the project area and the general locations of 
the alternatives under consideration. Such information may 
be based on existing data sources, including geographic informa-
tion systems mapping. 
‘‘(3) PARTICIPATING
AGENCY
RESPONSIBILITIES.—Based on 
information received from the lead agency, participating agen-
cies shall identify, as early as practicable, any issues of concern 
regarding the project’s potential environmental or socioeconomic 
impacts. In this paragraph, issues of concern include any issues 
that could substantially delay or prevent an agency from 
granting a permit or other approval that is needed for the 
project. 
‘‘(4) ISSUE RESOLUTION.—
‘‘(A) MEETING
OF
PARTICIPATING
AGENCIES.—At any 
time upon request of a project sponsor or the Governor 
of a State in which the project is located, the lead agency 
shall promptly convene a meeting with the relevant partici-
pating agencies, the project sponsor, and the Governor 
(if the meeting was requested by the Governor) to resolve 
issues that could delay completion of the environmental 
review process or could result in denial of any approvals 
required for the project under applicable laws. 
‘‘(B) NOTICE THAT RESOLUTION CANNOT BE ACHIEVED.—
If a resolution cannot be achieved within 30 days following 
such a meeting and a determination by the lead agency 
that all information necessary to resolve the issue has 
been obtained, the lead agency shall notify the heads of 
all participating agencies, the project sponsor, the Gov-
ernor, the Committee on Environment and Public Works 
of the Senate, the Committee on Transportation and Infra-
structure of the House of Representatives, and the Council 
on Environmental Quality, and shall publish such notifica-
tion in the Federal Register. 
‘‘(i) PERFORMANCE MEASUREMENT.—The Secretary shall estab-
lish a program to measure and report on progress toward improving 
and expediting the planning and environmental review process. 
‘‘(j) ASSISTANCE TO AFFECTED STATE AND FEDERAL AGENCIES.—
H. R. 3—721
‘‘(1) IN
GENERAL.—For a project that is subject to the 
environmental review process established under this section 
and for which funds are made available to a State under 
this title or chapter 53 of title 49, the Secretary may approve 
a request by the State to provide funds so made available 
under this title or such chapter 53 to affected Federal agencies 
(including the Department of Transportation), State agencies, 
and Indian tribes participating in the environmental review 
process for the projects in that State or participating in a 
State process that has been approved by the Secretary for 
that State. Such funds may be provided only to support activi-
ties that directly and meaningfully contribute to expediting 
and improving transportation project planning and delivery 
for projects in that State. 
‘‘(2) ACTIVITIES
ELIGIBLE
FOR
FUNDING.—Activities for 
which funds may be provided under paragraph (1) include 
transportation planning activities that precede the initiation 
of the environmental review process, dedicated staffing, training 
of agency personnel, information gathering and mapping, and 
development of programmatic agreements. 
‘‘(3) USE OF FEDERAL LANDS HIGHWAY FUNDS.—The Sec-
retary may also use funds made available under section 204 
for a project for the purposes specified in this subsection with 
respect to the environmental review process for the project. 
‘‘(4) AMOUNTS.—Requests under paragraph (1) may be 
approved only for the additional amounts that the Secretary 
determines are necessary for the Federal agencies, State agen-
cies, or Indian tribes participating in the environmental review 
process to meet the time limits for environmental review. 
‘‘(5) CONDITION.—A request under paragraph (1) to expedite 
time limits for environmental review may be approved only 
if such time limits are less than the customary time necessary 
for such review. 
‘‘(k) JUDICIAL REVIEW AND SAVINGS CLAUSE.—
‘‘(1) JUDICIAL
REVIEW.—Except as set forth under sub-
section (l), nothing in this section shall affect the reviewability 
of any final Federal agency action in a court of the United 
States or in the court of any State. 
‘‘(2) SAVINGS
CLAUSE.—Nothing in this section shall be 
construed as superseding, amending, or modifying the National 
Environmental Policy Act of 1969 or any other Federal environ-
mental statute or affect the responsibility of any Federal officer 
to comply with or enforce any such statute. 
‘‘(3) LIMITATIONS.—Nothing in this section shall preempt 
or interfere with—
‘‘(A) any practice of seeking, considering, or responding 
to public comment; or 
‘‘(B) any power, jurisdiction, responsibility, or authority 
that a Federal, State, or local government agency, metro-
politan planning organization, Indian tribe, or project 
sponsor has with respect to carrying out a project or any 
other provisions of law applicable to projects, plans, or 
programs. 
‘‘(l) LIMITATIONS ON CLAIMS.—
‘‘(1) IN GENERAL.—Notwithstanding any other provision of 
law, a claim arising under Federal law seeking judicial review 
of a permit, license, or approval issued by a Federal agency
H. R. 3—722
for a highway or public transportation capital project shall 
be barred unless it is filed within 180 days after publication 
of a notice in the Federal Register announcing that the permit, 
license, or approval is final pursuant to the law under which 
the agency action is taken, unless a shorter time is specified 
in the Federal law pursuant to which judicial review is allowed. 
Nothing in this subsection shall create a right to judicial review 
or place any limit on filing a claim that a person has violated 
the terms of a permit, license, or approval. 
‘‘(2) NEW INFORMATION.—The Secretary shall consider new 
information received after the close of a comment period if 
the information satisfies the requirements for a supplemental 
environmental impact statement under section 771.130 of title 
23, Code of Federal Regulations. The preparation of a supple-
mental environmental impact statement when required shall 
be considered a separate final agency action and the deadline 
for filing a claim for judicial review of such action shall be 
180 days after the date of publication of a notice in the Federal 
Register announcing such action.’’. 
(b) EXISTING ENVIRONMENTAL REVIEW PROCESS.—Nothing in 
this section affects any existing State environmental review process, 
program, agreement, or funding arrangement approved by the Sec-
retary under section 1309 of the Transportation Equity Act for 
the 21st Century (112 Stat. 232; 23 U.S.C. 109 note) as such 
section was in effect on the day preceding the date of enactment 
of the SAFETEA–LU. 
(c) CONFORMING AMENDMENT.—The analysis for such sub-
chapter is amended by inserting after the item relating to section 
138 the following:
‘‘139. Efficient environmental reviews for project decisionmaking.’’.
(d) REPEAL.—Section 1309 of the Transportation Equity Act 
for the 21st Century (112 Stat. 232) is repealed. 
SEC. 6003. STATE ASSUMPTION OF RESPONSIBILITIES FOR CERTAIN 
PROGRAMS AND PROJECTS. 
(a) IN GENERAL.—Chapter 3 of title 23, United States Code, 
is amended by inserting after section 324 the following: 
‘‘§ 325. State assumption of responsibilities for certain pro-
grams and projects 
‘‘(a) ASSUMPTION
OF SECRETARY’S RESPONSIBILITIES UNDER 
APPLICABLE FEDERAL LAWS.—
‘‘(1) PILOT PROGRAM.—
‘‘(A) ESTABLISHMENT.—The Secretary may establish a 
pilot program under which States may assume the respon-
sibilities of the Secretary under any Federal laws subject 
to the requirements of this section. 
‘‘(B) FIRST 3 FISCAL YEARS.—In the first 3 fiscal years 
following the date of enactment of the SAFETEA–LU, the 
Secretary may allow up to 5 States to participate in the 
pilot program. 
‘‘(2) SCOPE OF PROGRAM.—Under the pilot program, the 
Secretary may assign, and a State may assume, any of the 
Secretary’s responsibilities (other than responsibilities relating 
to federally recognized Indian tribes) for environmental reviews, 
consultation, or decisionmaking or other actions required under
H. R. 3—723
any Federal law as such requirements apply to the following 
projects: 
‘‘(A) Projects funded under section 104(h). 
‘‘(B) Transportation enhancement activities under sec-
tion 133, as such term is defined in section 101(a)(35). 
‘‘(b) AGREEMENTS.—
‘‘(1) IN GENERAL.—The Secretary shall enter into a memo-
randum of understanding with a State participating in the 
pilot program setting forth the responsibilities to be assigned 
under subsection (a)(2) and the terms and conditions under 
which the assignment is being made. 
‘‘(2) CERTIFICATION.—Before the Secretary enters into a 
memorandum of understanding with a State under paragraph 
(1), the State shall certify that the State has in effect laws 
(including regulations) applicable to projects carried out and 
funded under this title and chapter 53 of title 49 that authorize 
the State to carry out the responsibilities being assumed. 
‘‘(3) MAXIMUM
DURATION.—A memorandum of under-
standing with a State under this section shall be established 
for an initial period of no more than 3 years and may be 
renewed by mutual agreement on a periodic basis for periods 
of not more than 3 years. 
‘‘(4) COMPLIANCE.—
‘‘(A) IN GENERAL.—After entering into a memorandum 
of understanding under paragraph (1), the Secretary shall 
review and determine compliance by the State with the 
memorandum of understanding. 
‘‘(B) RENEWALS.—The Secretary shall take into account 
the performance of a State under the pilot program when 
considering renewal of a memorandum of understanding 
with the State under the program. 
‘‘(5) SOLE RESPONSIBILITY.—A State that assumes responsi-
bility under subsection (a)(2) with respect to a Federal law 
shall be solely responsible and solely liable for complying with 
and carrying out that law, and the Secretary shall have no 
such responsibility or liability. 
‘‘(6) ACCEPTANCE OF JURISDICTION.—In a memorandum of 
understanding, the State shall consent to accept the jurisdiction 
of the Federal courts for the compliance, discharge, and enforce-
ment of any responsibility of the Secretary that the State 
assumes. 
‘‘(c) SELECTION OF STATES FOR PILOT PROGRAM.—
‘‘(1) APPLICATION.—To be eligible to participate in the pilot 
program, a State shall submit to the Secretary an application 
that contains such information as the Secretary may require. 
At a minimum, an application shall include—
‘‘(A) a description of the projects or classes of projects 
for which the State seeks to assume responsibilities under 
subsection (a)(2); and 
‘‘(B) a certification that the State has the capability 
to assume such responsibilities. 
‘‘(2) PUBLIC NOTICE.—Before entering into a memorandum 
of understanding allowing a State to participate in the pilot 
program, the Secretary shall—
‘‘(A) publish notice in the Federal Register of the Sec-
retary’s intent to allow the State to participate in the 
program, including a copy of the State’s application to
H. R. 3—724
the Secretary and the terms of the proposed agreement 
with the State; and 
‘‘(B) provide an opportunity for public comment. 
‘‘(3) SELECTION CRITERIA.—The Secretary may approve the 
application of a State to assume responsibilities under the 
program only if—
‘‘(A) the requirements under paragraph (2) have been 
met; and 
‘‘(B) the Secretary determines that the State has the 
capability to assume the responsibilities. 
‘‘(4) OTHER FEDERAL AGENCY VIEWS.—Before assigning to 
a State a responsibility of the Secretary that requires the 
Secretary to consult with another Federal agency, the Secretary 
shall solicit the views of the Federal agency. 
‘‘(d) STATE DEFINED.—With respect to the recreational trails 
program, the term ‘State’ means the State agency designated by 
the Governor of the State in accordance with section 206(c)(1). 
‘‘(e) PRESERVATION
OF PUBLIC INTEREST CONSIDERATION.—
Nothing in this section shall be construed to limit the requirements 
under any applicable law providing for the consideration and 
preservation of the public interest, including public participation 
and community values in transportation decisionmaking.’’. 
(b) CONFORMING AMENDMENT.—The analysis for chapter 3 of 
title 23, United States Code, is amended by adding after the item 
relating to section 324 the following:
‘‘325. State assumption of responsibilities for certain programs and projects.’’.
SEC. 6004. STATE ASSUMPTION OF RESPONSIBILITY FOR CATEGOR-
ICAL EXCLUSIONS. 
(a) IN GENERAL.—Chapter 3 of title 23, United States Code, 
is further amended by inserting after section 325 the following: 
‘‘§ 326. State assumption of responsibility for categorical 
exclusions 
‘‘(a) CATEGORICAL EXCLUSION DETERMINATIONS.—
‘‘(1) IN GENERAL.—The Secretary may assign, and a State 
may assume, responsibility for determining whether certain 
designated activities are included within classes of action identi-
fied in regulation by the Secretary that are categorically 
excluded from requirements for environmental assessments or 
environmental impact statements pursuant to regulations 
promulgated by the Council on Environmental Quality under 
part 1500 of title 40, Code of Federal Regulations (as in effect 
on October 1, 2003). 
‘‘(2) SCOPE OF AUTHORITY.—A determination described in 
paragraph (1) shall be made by a State in accordance with 
criteria established by the Secretary and only for types of 
activities specifically designated by the Secretary. 
‘‘(3) CRITERIA.—The criteria under paragraph (2) shall 
include provisions for public availability of information con-
sistent with section 552 of title 5 and the National Environ-
mental Policy Act of 1969 (42 U.S.C. 4321 et seq.). 
‘‘(b) OTHER APPLICABLE FEDERAL LAWS.—
‘‘(1) IN GENERAL.—If a State assumes responsibility under 
subsection (a), the Secretary may also assign and the State 
may assume all or part of the responsibilities of the Secretary 
for environmental review, consultation, or other related actions