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tives of public transportation employees, freight 
shippers, private providers of transportation, pro-
viders of freight transportation services, representa-
tives of users of public transportation, representa-
tives of users of pedestrian walkways and bicycle 
transportation facilities, representatives of the dis-
abled, and other interested parties with a reasonable 
opportunity to comment on the proposed program. 
‘‘(4) INCLUDED PROJECTS.—
‘‘(A) IN GENERAL.—A transportation im-
provement program developed under this sub-
section for a State shall include federally sup-
ported 
surface 
transportation 
expenditures 
within the boundaries of the State. 
‘‘(B) PROJECTS
UNDER
CHAPTER
OF 
TITLE
23.—All projects proposed for funding 
under chapter 2 of title 23 shall be identified 
individually in the transportation improvement 
program. 
‘‘(C) 
CONSISTENCY
WITH
STATEWIDE 
TRANSPORTATION
PLAN.—Each project shall 
be—
‘‘(i) consistent with the statewide 
transportation plan developed under this 
section for the State;
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‘‘(ii) identical to the project or phase 
of the project as described in an approved 
metropolitan transportation plan; and 
‘‘(iii) in conformance with the applica-
ble State air quality implementation plan 
developed under the Clean Air Act (42 
U.S.C. 7401 et seq.), if the project is car-
ried out in an area designated as non-
attainment for ozone or carbon monoxide 
under that Act. 
‘‘(D) 
REQUIREMENT
OF
ANTICIPATED 
FULL FUNDING.—The transportation improve-
ment program shall include a 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 completion of the project. 
‘‘(E) FINANCIAL
PLAN.—The transpor-
tation improvement program may include a fi-
nancial plan that demonstrates how the ap-
proved 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 rec-
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ommends any additional financing strategies for 
needed projects and programs. The financial 
plan may include, for illustrative purposes, ad-
ditional projects that would be included in the 
adopted transportation plan if reasonable addi-
tional resources beyond those identified in the 
financial plan were available. 
‘‘(F) SELECTION OF PROJECTS FROM IL-
LUSTRATIVE LIST.—
‘‘(i) NO REQUIRED SELECTION.—Not-
withstanding subparagraph (E), a State 
shall not be required to select any project 
from the illustrative list of additional 
projects included in the financial plan 
under subparagraph (E). 
‘‘(ii) REQUIRED ACTION BY THE SEC-
RETARY.—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 subparagraph (E) for inclusion in an 
approved transportation improvement pro-
gram. 
‘‘(G) PRIORITIES.—The transportation im-
provement program shall reflect the priorities
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for programming and expenditures of funds, in-
cluding transportation enhancement activities, 
required by title 23 and chapter 53. 
‘‘(H) PRIORITIZATION OF CONGESTION RE-
LIEF ACTIVITIES.—The transportation improve-
ment program shall reflect the priorities for 
congestion relief activities included in the met-
ropolitan transportation plan to meet the re-
quirements of section 139 of title 23. 
‘‘(5) PROJECT SELECTION FOR AREAS OF LESS 
THAN 50,000 POPULATION.—Projects carried out in 
areas with populations of less than 50,000 individ-
uals shall be selected, from the approved transpor-
tation improvement program (excluding projects car-
ried out on the National Highway System and 
projects carried out under the bridge program or the 
Interstate maintenance program under title 23 or 
sections 5310, 5311, 5316, and 5317), by the State 
in cooperation with the affected nonmetropolitan 
local officials with responsibility 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 Inter-
state maintenance program under title 23 or under 
sections 5310, 5311, 5316, and 5317 shall be se-
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lected, 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
PRO-
GRAM APPROVAL.—Every 4 years, a transportation 
improvement program developed under this sub-
section shall be reviewed and approved by the Sec-
retary if based on a current planning finding. 
‘‘(7) PLANNING FINDING.—A finding shall be 
made by the Secretary at least every 4 years that 
the transportation planning process through which 
statewide transportation plans and programs are de-
veloped is consistent with this section and section 
5213. 
‘‘(8) MODIFICATIONS TO PROJECT PRIORITY.—
Notwithstanding any other provision of law, action 
by the Secretary shall not be required to advance a 
project included in the approved transportation im-
provement program in place of another project in 
the program. 
‘‘(h) FUNDING.—
‘‘(1) SET-ASIDE.—Funds set aside pursuant to 
section 104(i) of title 23 shall be available to carry 
out this section.
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‘‘(2) OTHER FUNDING.—Funds made available 
under section 5338(c) shall be available to carry out 
this section. 
‘‘(i) TREATMENT OF CERTAIN STATE LAWS AS CON-
GESTION MANAGEMENT PROCESSES.—For purposes of 
this section and section 5213, State laws, rules, or regula-
tions pertaining to congestion management systems or 
programs may constitute the congestion management 
process under section 5213(i)(3) if the Secretary finds 
that the State laws, rules, or regulations are consistent 
with, and fulfill the intent of, the purposes of section 
5213, as appropriate. 
‘‘(j) CONTINUATION
OF CURRENT REVIEW PRAC-
TICE.—Since the statewide transportation plan and the 
transportation improvement program described in this sec-
tion are subject to a reasonable opportunity for public 
comment, since individual projects included in the state-
wide transportation plans and the transportation improve-
ment program are subject to review under the National 
Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
seq.), and since decisions by the Secretary concerning 
statewide transportation plans or the transportation im-
provement program described in this section have not been 
reviewed under such Act as of January 1, 1997, any deci-
sion by the Secretary concerning a metropolitan or state-
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wide transportation plan or the transportation improve-
ment program described in this section shall not be consid-
ered to be a Federal action subject to review under such 
Act.’’. 
(b) CONFORMING AMENDMENT.—The analysis for 
such subtitle is amended by inserting the following after 
the item relating to chapter 51:
‘‘52. Transportation planning and project delivery. ................................. 5201’’.
SEC. 6002. EFFICIENT ENVIRONMENTAL REVIEWS FOR 
PROJECT DECISIONMAKING. 
(a) POLICY AND PURPOSE.—
(1) POLICY.—The Enlibra principles, as ini-
tially developed by the Western Governors Associa-
tion and adopted by the National Governors Associa-
tion, represent a sound basis for interaction among 
the Federal, State, local governments, and Indian 
tribes on environmental matters and should be fol-
lowed in the development of highway construction 
and public transit improvements. These principles 
are as follows: 
(A) Assign responsibilities at the right 
level. 
(B) Use collaborative processes to break 
down barriers and find solutions. 
(C) Move to a performance-based system.
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(D) Separate subjective choices from objec-
tive data gathering. 
(E) Pursue economic incentives whenever 
appropriate. 
(F) Ensure environmental understanding. 
(G) Make sure environmental decisions are 
fully informed. 
(H) Use appropriate geographic bound-
aries for environmental problems. 
(2) PURPOSE.—The purpose of this section is 
to reduce delays in the delivery of highway construc-
tion and public transportation capital projects aris-
ing from the environmental review process, while 
continuing to ensure the protection of the human 
and natural environment. 
(b) PROJECT DEVELOPMENT PROCEDURES.—Chap-
ter 52 of title 49, United States Code, as added by section 
6001(a) of this Act, is amended by adding at the end the 
following: 
‘‘SUBCHAPTER 
C—EFFICIENT 
ENVIRON-
MENTAL REVIEWS FOR PROJECT DECISION-
MAKING 
‘‘§ 5251. Definitions and applicability 
‘‘(a) DEFINITIONS.—In this subchapter, the following 
definitions apply:
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‘‘(1) AGENCY.—The term ‘agency’ means any 
agency, department, 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 re-
quired to be prepared under the National Environ-
mental Policy Act of 1969 (42 U.S.C. 4321 et seq.). 
‘‘(3) ENVIRONMENTAL REVIEW PROCESS.—
‘‘(A) IN
GENERAL.—The term ‘environ-
mental review process’ means the process for 
preparing for a project an environmental impact 
statement, environmental assessment, categor-
ical exclusion, or other document prepared 
under the National Environmental Policy Act of 
1969 (42 U.S.C. 4321 et seq.). 
‘‘(B) INCLUSIONS.—The term includes the 
process for and completion of any environ-
mental permit, approval, review, or study re-
quired 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 ap-
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plicable, any State or local governmental entity serv-
ing 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 title 23 or chapter 53 and 
involving the participation of more than one Depart-
ment of Transportation administration or agency. 
‘‘(6) PROJECT.—The term ‘project’ means any 
highway 
project, 
public 
transportation 
capital 
project, or multimodal project that requires the ap-
proval 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 ap-
proval 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 transportation. 
‘‘(b) APPLICABILITY.—This subchapter is applicable 
to all projects for which an environmental impact state-
ment is prepared under the National Environmental Pol-
icy Act of 1969 (42 U.S.C. 4321 et seq.). This subchapter 
may be applied, to the extent determined appropriate by 
the Secretary, to other projects for which an environ-
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mental document is prepared pursuant to such Act. Any 
authorities granted in this subchapter may be exercised 
for a project, class of projects, or program of projects. 
‘‘§ 5252. Project development procedures 
‘‘(a) LEAD AGENCIES.—
‘‘(1) FEDERAL
LEAD
AGENCY.—The Depart-
ment of Transportation shall be the Federal lead 
agency in the environmental review process for a 
project. 
‘‘(2) PROJECT SPONSOR AS JOINT LEAD AGEN-
CY.—Any project sponsor that is a State or local 
governmental entity receiving funds under title 23 or 
chapter 53 for the project shall serve as a joint lead 
agency with the Department for purposes of pre-
paring any environmental document under the Na-
tional Environmental Policy Act of 1969 (42 U.S.C. 
4321 et seq.) and may prepare any such environ-
mental 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 doc-
ument is approved and adopted by the Secretary 
prior to the Secretary taking any subsequent action 
or making any approval based on such document,
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whether or not the Secretary’s action or approval re-
sults in Federal funding. 
‘‘(3) 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 en-
vironmental document prepared by the project spon-
sor in accordance with this subsection and that such 
document is appropriately supplemented if project 
changes become necessary. 
‘‘(4) ADOPTION
AND
USE
OF
DOCUMENTS.—
Any environmental document prepared in accordance 
with this subsection may be adopted or used by any 
Federal agency making any approval to the same ex-
tent that such Federal agency could adopt or use a 
document prepared by another Federal agency. 
‘‘(b) PARTICIPATING AGENCIES.—
‘‘(1) IN GENERAL.—The lead agency shall be 
responsible for inviting and designating participating 
agencies in accordance with this subsection. 
‘‘(2) INVITATION.—The lead agency shall iden-
tify, as early as practicable in the environmental re-
view 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
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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. 
‘‘(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 designated 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 rel-
evant to the project; and 
‘‘(C) does not intend to submit comments 
on the project. 
‘‘(4) EFFECT
OF
DESIGNATION.—Designation 
as a participating 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.
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‘‘(5) COOPERATING
AGENCY.—A participating 
agency may also be designated by a lead agency as 
a ‘cooperating agency’ under the regulations con-
tained in part 1500 of title 40, Code of Federal Reg-
ulations. 
‘‘(6) DESIGNATIONS
FOR
CATEGORIES
OF 
PROJECTS.—The Secretary may exercise the authori-
ties granted under this subsection for a project, 
class of projects, or program of projects. 
‘‘(c) PROJECT INITIATION.—
‘‘(1) IN GENERAL.—The project sponsor shall 
initiate the environmental review process for a 
project by submitting an initiation notice to the Sec-
retary. 
‘‘(2) CONTENTS OF NOTICE.—The initiation no-
tice shall include, at a minimum, a brief description 
of the type of work, termini, length, and general lo-
cation of the proposed project, together with a state-
ment of any Federal approvals anticipated to be 
needed for the project. 
‘‘(d) PURPOSE AND NEED.—
‘‘(1) PARTICIPATION.—As early as practicable 
during the environmental review process, the lead 
agency shall provide an opportunity for involvement
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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 ob-
jectives that the proposed action is intended to 
achieve, which may include—
‘‘(A) achieving a transportation objective 
identified in an applicable statewide or metro-
politan transportation plan; 
‘‘(B) supporting land use, economic devel-
opment, or growth objectives established in ap-
plicable Federal, State, local, or tribal plans; 
and 
‘‘(C) serving national defense, national se-
curity, or other national objectives, as estab-
lished in Federal laws, plans, or policies. 
‘‘(e) ALTERNATIVES ANALYSIS.—
‘‘(1) PARTICIPATION.—As early as practicable 
during the environmental review process, the lead 
agency shall provide an opportunity for involvement
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by participating agencies and the public in deter-
mining the range of alternatives to be considered for 
a project. 
‘‘(2) RANGE
OF
ALTERNATIVES.—Following 
participation under paragraph (1), the lead agency 
shall determine the range of alternatives for consid-
eration in any document which the lead agency is re-
sponsible for preparing for the project. 
‘‘(3) METHODOLOGIES.—The lead agency also 
shall determine, in collaboration with participating 
agencies at appropriate times during the study proc-
ess, the methodologies to be used and the level of de-
tail required in the analysis of each alternative for 
a project. 
‘‘(4) PREFERRED ALTERNATIVE.—At the dis-
cretion of the lead agency, the preferred alternative 
for a project, after being identified, may be devel-
oped to a higher level of detail than other alter-
natives in order to facilitate the development of miti-
gation measures or concurrent compliance with other 
applicable laws if the lead agency determines that 
the development of such higher level of detail will 
not prevent the lead agency from making an impar-
tial decision as to whether to accept another alter-
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native which is being considered in the environ-
mental review process. 
‘‘(f) COMMENT DEADLINES.—The lead agency shall 
establish the following deadlines for comment during the 
environmental review process for a project: 
‘‘(1) For comments by agencies and the public 
on a draft environmental impact statement, a period 
of no more than 60 days from the date of public 
availability of such document, unless—
‘‘(A) a different deadline is established by 
agreement of the lead agency, the project spon-
sor, and all participating agencies; or 
‘‘(B) the deadline is extended by the lead 
agency for good cause. 
‘‘(2) For all other comment periods established 
by the lead agency for agency or public comments in 
the environmental review process, a period of no 
more than 30 days from availability of the materials 
on which comment is requested, unless—
‘‘(A) a different deadline is established by 
agreement of the lead agency, the project spon-
sor, and all participating agencies; or 
‘‘(B) the deadline is extended by the lead 
agency for good cause. 
‘‘(g) ISSUE IDENTIFICATION AND RESOLUTION.—
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‘‘(1) COOPERATION.—The lead agency and the 
participating agencies shall work cooperatively in ac-
cordance with this section to identify and resolve 
issues that could delay completion of the environ-
mental review process or could result in denial of 
any approvals required for the project under applica-
ble 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 environ-
mental and socioeconomic resources located within 
the project area and the general locations of the al-
ternatives under consideration. Such information 
may be based on existing data sources, including ge-
ographic information systems mapping. 
‘‘(3) PARTICIPATING
AGENCY
RESPONSIBIL-
ITIES.—Based on information received from the lead 
agency, participating agencies 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.
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‘‘(4) ISSUE RESOLUTION.—Whenever issues of 
concern are identified or at any time upon request 
of a project sponsor, the lead agency shall promptly 
convene a meeting with the relevant participating 
agencies. If a resolution cannot be achieved within 
30 days following such a meeting and a determina-
tion by the lead agency that all information nec-
essary to resolve the issue has been obtained, the 
lead agency shall notify the heads of all Federal 
agencies involved in the meeting and the Committee 
on Environment and Public Works of the Senate 
and the Committee on Transportation and Infra-
structure of the House of Representatives and shall 
publish such notification in the Federal Register. 
‘‘(h) PARTICIPATION OF STATE AGENCIES.—For any 
project eligible for assistance under title 23 or chapter 53, 
a State may require, under procedures established by 
State law, that all State agencies that have jurisdiction 
by State or Federal law over environmental-related issues 
that may be affected by the project, or that are required 
to issue any environmental-related reviews, analyses, opin-
ions, or determinations on issuing any permits, licenses, 
or approvals for the project, be subject to the coordinated 
environmental review process established under this sec-
tion unless the Secretary determines that a State agency’s
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participation would not be in the public interest. A State 
participating in the review process must require all State 
agencies with jurisdiction to be subject to and comply with 
the review process to the same extent as a Federal agency. 
‘‘(i) ASSISTANCE TO AFFECTED STATE AND FED-
ERAL AGENCIES.—
‘‘(1) IN GENERAL.—For a project that is sub-
ject to the environmental review process established 
under this section and for which funds are made 
available to a State under title 23 or chapter 53, the 
Secretary may approve a request by the State to 
provide funds so made available to affected Federal 
agencies (including the Department of Transpor-
tation), State agencies, and Indian tribes partici-
pating in the environmental review process for the 
project. Such funds may be provided only to support 
activities that directly and meaningfully contribute 
to expediting and improving transportation project 
planning and delivery. Such activities may include 
dedicated staffing, training of agency personnel, in-
formation gathering and mapping, and development 
of programmatic agreements. The Secretary may 
also use funds made available under section 204 of 
title 23 for a project for the purposes specified in
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this subsection with respect to the environmental re-
view process for the project. 
‘‘(2) AMOUNTS.—Requests under paragraph (1) 
may be approved only for the additional amounts 
that the Secretary determines are necessary for the 
Federal agencies, State agencies, or Indian tribes 
participating in the environmental review process to 
meet the time limits for environmental review. 
‘‘(3) 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 re-
view.’’. 
(c) EXISTING
ENVIRONMENTAL
REVIEW
PROC-
ESSES.—Nothing in this section shall be deemed to affect 
any existing environmental review process approved by the 
Secretary. 
SEC. 6003. POLICY ON HISTORIC SITES. 
(a) TITLE 49.—Section 303 of title 49, United States 
Code, is amended by adding at the end the following: 
‘‘(d) SPECIAL RULES FOR HISTORIC SITES.—
‘‘(1) IN GENERAL.—The requirements of this 
section are deemed to be satisfied in any case in 
which the treatment of a historic site has been 
agreed upon in accordance with section 106 of the
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National Historic Preservation Act (16 U.S.C. 470f) 
and the agreement includes a determination that the 
program or project will not have an adverse effect on 
the historic site. 
‘‘(2) LIMITATION
ON
APPLICABILITY.—This 
subsection does not apply in any case in which the 
Advisory Council on Historic Preservation deter-
mines, concurrent with or prior to the conclusion of 
section 106 consultation, that allowing section 106 
compliance to satisfy the requirements of this sec-
tion would be inconsistent with the objectives of the 
National Historic Preservation Act. The Council 
shall make such a determination if petitioned to do 
so by a section 106 consulting party, unless the 
Council affirmatively finds that the views of the re-
questing party have been adequately considered and 
that section 106 compliance will adequately protect 
historic properties. 
‘‘(3) DEFINITIONS.—In this subsection, the fol-
lowing definitions apply: 
‘‘(A) SECTION
106
CONSULTATION.—The 
term ‘section 106 consultation’ means the con-
sultation process required under section 106 of 
the National Historic Preservation Act (16 
U.S.C. 470f).
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‘‘(B) ADVERSE
EFFECT.—The term ‘ad-
verse effect’ means altering, directly or indi-
rectly, any of the characteristics of a historic 
property that qualify the property for inclusion 
in the National Register in a manner that 
would diminish the integrity of the property’s 
location, design, setting, materials, workman-
ship, feeling, or association.’’. 
(b) TITLE 23.—Section 138 of title 23, United States 
Code is amended—
(1) by inserting ‘‘(a) Policy.—’’ before ‘‘It is’’; 
and 
(2) by striking ‘‘In carrying’’ and inserting the 
following: 
‘‘(c) STUDIES.—In carrying’’; and 
(3) by inserting after subsection (a) (as des-
ignated by paragraph (1)) the following: 
‘‘(b) SPECIAL RULES FOR HISTORIC SITES.—
‘‘(1) IN GENERAL.—The requirements of this 
section are deemed to be satisfied in any case in 
which the treatment of a historic site has been 
agreed upon in accordance with section 106 of the 
National Historic Preservation Act (16 U.S.C. 470f) 
and the agreement includes a determination that the
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program or project will not have an adverse effect on 
the historic site. 
‘‘(2) LIMITATION
ON
APPLICABILITY.—This 
subsection does not apply in any case in which the 
Advisory Council on Historic Preservation deter-
mines, concurrent with or prior to the conclusion of 
section 106 consultation, that allowing section 106 
compliance to satisfy the requirements of this sec-
tion would be inconsistent with the objectives of the 
National Historic Preservation Act. The Council 
shall make such a determination if petitioned to do 
so by a section 106 consulting party, unless the 
Council affirmatively finds that the views of the re-
questing party have been adequately considered and 
that section 106 compliance will adequately protect 
historic properties. 
‘‘(3) DEFINITIONS.—In this subsection, the fol-
lowing definitions apply: 
‘‘(A) SECTION
106
CONSULTATION.—The 
term ‘section 106 consultation’ means the con-
sultation process required under section 106 of 
the National Historic Preservation Act (16 
U.S.C. 470f). 
‘‘(B) ADVERSE
EFFECT.—The term ‘ad-
verse effect’ means altering, directly or indi-