817
‘‘(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 gov-
ernment agency, metropolitan planning organi-
zation, 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. 
‘‘(k) 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 ap-
proval issued by a Federal agency for a highway or 
public transportation capital project shall be barred 
unless it is filed within 90 days after the permit, li-
cense, 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 sub-
section 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
818
comment period if the information satisfies the re-
quirements 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 re-
quired shall be considered a separate final agency ac-
tion and the deadline for filing a claim for judicial 
review of such action shall be 90 days after the date 
of such action.’’. 
(c) REPEAL.—Section 1309 of the Transportation Eq-
uity Act for the 21st Century (112 Stat. 232) is repealed. 
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 sec-
tion 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 His-
toric Preservation Act (16 U.S.C. 470f) and the agree-
ment includes a determination that the program or 
project will not have an adverse effect on the historic 
site. 
‘‘(2) LIMITATION ON APPLICABILITY.—This sub-
section does not apply in any case in which the Advi-
819
sory Council on Historic Preservation determines, 
concurrent with or prior to the conclusion of section 
106 consultation, that allowing section 106 compli-
ance to satisfy the requirements of this section 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 sec-
tion 106 consulting party, unless the Council affirma-
tively finds that the views of the requesting 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 ‘adverse 
effect’ means altering, directly or indirectly, any 
of the characteristics of a historic property that 
qualify the property for inclusion in the Na-
tional Register in a manner that would diminish 
the integrity of the property’s location, design,
820
setting, materials, workmanship, feeling, or asso-
ciation.’’. 
(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 sec-
tion 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 His-
toric Preservation Act (16 U.S.C. 470f) and the agree-
ment includes a determination that the program or 
project will not have an adverse effect on the historic 
site. 
‘‘(2) LIMITATION ON APPLICABILITY.—This sub-
section does not apply in any case in which the Advi-
sory Council on Historic Preservation determines, 
concurrent with or prior to the conclusion of section 
106 consultation, that allowing section 106 compli-
821
ance to satisfy the requirements of this section 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 sec-
tion 106 consulting party, unless the Council affirma-
tively finds that the views of the requesting 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 ‘adverse 
effect’ means altering, directly or indirectly, any 
of the characteristics of a historic property that 
qualify the property for inclusion in the Na-
tional Register in a manner that would diminish 
the integrity of the property’s location, design, 
setting, materials, workmanship, feeling, or asso-
ciation.’’.
822
SEC. 6004. EXEMPTION OF INTERSTATE SYSTEM. 
Section 103(c) of title 23, United States Code, is 
amended by adding at the end the following: 
‘‘(5) EXEMPTION OF INTERSTATE SYSTEM.—
‘‘(A) IN GENERAL.—Except as provided in 
subparagraph (B), the Interstate System shall 
not be considered to be a historic site under sec-
tion 303 of title 49 or section 138 of this title, 
regardless of whether the Interstate System or 
portions of the Interstate System are listed on, or 
eligible for listing on, the National Register of 
Historic Places. 
‘‘(B) INDIVIDUAL
ELEMENTS.—Subject to 
subparagraph (C), a portion of the Interstate 
System that possesses an independent feature of 
historic significance (such as a historic bridge or 
a highly significant engineering feature) that is 
listed on, or eligible for listing on, the National 
Register of Historic Places, shall be considered to 
be a historic site under section 303 of title 49 or 
section 138 of this title, as applicable. 
‘‘(C) CONSTRUCTION, MAINTENANCE, RES-
TORATION, AND REHABILITATION ACTIVITIES.—
Subparagraph (B) does not prohibit a State 
from carrying out construction, maintenance, 
restoration, or rehabilitation activities for a por-