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‘‘(ii) a period of at least 30 days dur-
ing which to take such corrective action as
the Secretary determines is necessary to
comply with the applicable agreement; and
‘‘(C) the State, after the notification and
period provided under subparagraph (B), fails to
take satisfactory corrective action, as determined
by Secretary.’’.
(b) CONFORMING
AMENDMENT.—The analysis for
chapter 3 of title 23, United States Code (as amended by
section 1512(b)), is amended by inserting after the item re-
lating to section 327 the following:
‘‘328. Surface transportation project delivery pilot program.’’.
SEC. 1514. PARKS, RECREATION AREAS, WILDLIFE AND WA-
TERFOWL REFUGES, AND HISTORIC SITES.
(a) PROGRAMS AND PROJECTS WITH DE MINIMIS IM-
PACTS.—
(1) TITLE 23.—Section 138 of title 23, United
States Code, is amended—
(A) in the first sentence, by striking ‘‘It is
hereby’’ and inserting the following:
‘‘(a) DECLARATION OF POLICY.—It is’’; and
(B) by adding at the end the following:
‘‘(b) DE MINIMIS IMPACTS.—
‘‘(1) REQUIREMENTS.—
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‘‘(A) IN
GENERAL.—The requirements of
this section shall be considered to be satisfied
with respect to an area described in paragraph
(2) or (3) if the Secretary determines, in accord-
ance with this subsection, that a transportation
program or project will have a de minimis im-
pact on the area.
‘‘(B) CRITERIA.—In making any deter-
mination under this subsection, the Secretary
shall consider to be part of a transportation pro-
gram or project any avoidance, minimization,
mitigation, or enhancement measures that are
required to be implemented as a condition of ap-
proval of the transportation program or project.
‘‘(2) HISTORIC SITES.—With respect to historic
sites, the Secretary may make a finding of de mini-
mis impact only if—
‘‘(A) the Secretary has determined, in ac-
cordance with the consultation process required
under section 106 of the National Historic Pres-
ervation Act (16 U.S.C. 470f), that—
‘‘(i) the transportation program or
project will have no adverse effect on the
historic site; or
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‘‘(ii) there will be no historic prop-
erties affected by the transportation pro-
gram or project;
‘‘(B) the finding of the Secretary has re-
ceived written concurrence from the applicable
State historic preservation officer or tribal his-
toric preservation officer (and from the Advisory
Council on Historic Preservation, if partici-
pating in the consultation); and
‘‘(C) the finding of the Secretary has been
developed in consultation with parties consulting
as part of the process referred to in subpara-
graph (A).
‘‘(3) PARKS, RECREATION AREAS, AND WILDLIFE
AND WATERFOWL REFUGES.—With respect to parks,
recreation areas, and wildlife or waterfowl refuges,
the Secretary may make a finding of de minimis im-
pact only if—
‘‘(A) the Secretary has determined, in ac-
cordance with the National Environmental Pol-
icy Act of 1969 (42 U.S.C. 4321 et seq.) (includ-
ing public notice and opportunity for public re-
view and comment), that the transportation pro-
gram or project will not adversely affect the ac-
tivities, features, and attributes of the park,
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recreation area, or wildlife or waterfowl refuge
eligible for protection under this section; and
‘‘(B) the finding of the Secretary has re-
ceived concurrence from the officials with juris-
diction over the park, recreation area, or wildlife
or waterfowl refuge.’’.
(2) TITLE 49.—Section 303 of title 49, United
States Code, is amended—
(A) by striking ‘‘(c) The Secretary’’ and in-
serting the following:
‘‘(c) APPROVAL OF PROGRAMS AND PROJECTS.—Sub-
ject to subsection (d), the Secretary’’; and
(B) by adding at the end the following:
‘‘(d) DE MINIMIS IMPACTS.—
‘‘(1) REQUIREMENTS.—
‘‘(A) IN
GENERAL.—The requirements of
this section shall be considered to be satisfied
with respect to an area described in paragraph
(2) or (3) if the Secretary determines, in accord-
ance with this subsection, that a transportation
program or project will have a de minimis im-
pact on the area.
‘‘(B) CRITERIA.—In making any deter-
mination under this subsection, the Secretary
shall consider to be part of a transportation pro-
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gram or project any avoidance, minimization,
mitigation, or enhancement measures that are
required to be implemented as a condition of ap-
proval of the transportation program or project.
‘‘(2) HISTORIC SITES.—With respect to historic
sites, the Secretary may make a finding of de mini-
mis impact only if—
‘‘(A) the Secretary has determined, in ac-
cordance with the consultation process required
under section 106 of the National Historic Pres-
ervation Act (16 U.S.C. 470f), that—
‘‘(i) the transportation program or
project will have no adverse effect on the
historic site; or
‘‘(ii) there will be no historic prop-
erties affected by the transportation pro-
gram or project;
‘‘(B) the finding of the Secretary has re-
ceived written concurrence from the applicable
State historic preservation officer or tribal his-
toric preservation officer (and from the Advisory
Council on Historic Preservation, if partici-
pating in the consultation); and
‘‘(C) the finding of the Secretary has been
developed in consultation with parties consulting
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as part of the process referred to in subpara-
graph (A).
‘‘(3) PARKS, RECREATION AREAS, AND WILDLIFE
AND WATERFOWL REFUGES.—With respect to parks,
recreation areas, and wildlife or waterfowl refuges,
the Secretary may make a finding of de minimis im-
pact only if—
‘‘(A) the Secretary has determined, in ac-
cordance with the National Environmental Pol-
icy Act of 1969 (42 U.S.C. 4321 et seq.) (includ-
ing public notice and opportunity for public re-
view and comment), that the transportation pro-
gram or project will not adversely affect the ac-
tivities, features, and attributes of the park,
recreation area, or wildlife or waterfowl refuge
eligible for protection under this section; and
‘‘(B) the finding of the Secretary has re-
ceived concurrence from the officials with juris-
diction over the park, recreation area, or wildlife
or waterfowl refuge.’’.
(b) CLARIFICATION OF EXISTING STANDARDS.—
(1) IN GENERAL.—Not later than 1 year after
the date of enactment of this Act, the Secretary shall
(in consultation with affected agencies and interested
parties) promulgate regulations that clarify the fac-
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tors to be considered and the standards to be applied
in determining the prudence and feasibility of alter-
natives under section 138 of title 23 and section 303
of title 49, United States Code.
(2) REQUIREMENTS.—The regulations—
(A) shall clarify the application of the legal
standards to a variety of different types of trans-
portation programs and projects depending on
the circumstances of each case; and
(B) may include, as appropriate, examples
to facilitate clear and consistent interpretation
by agency decisionmakers.
(c) IMPLEMENTATION STUDY.—
(1) IN GENERAL.—The Secretary shall—
(A) conduct a study on the implementation
of this section and the amendments made by this
section; and
(B) commission an independent review of
the study plan and methodology, and any associ-
ated conclusions, by the Transportation Research
Board of the National Academy of Sciences.
(2) COMPONENTS.—In conducting the study, the
Secretary shall evaluate—
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(A) the processes developed under this sec-
tion and the amendments made by this section
and the efficiencies that may result;
(B) the post-construction effectiveness of im-
pact mitigation and avoidance commitments
adopted as part of projects conducted under this
section and the amendments made by this sec-
tion; and
(C) the quantity of projects with impacts
that are considered de minimis under this sec-
tion and the amendments made by this section,
including information on the location, size, and
cost of the projects.
(3) 
REPORT
REQUIREMENT.—The 
Secretary
shall prepare—
(A) not earlier than the date that is 3 years
after the date of enactment of this Act, a report
on the results of the study conducted under this
subsection; and
(B) not later than March 1, 2010, an up-
date on the report required under subparagraph
(A).
(4) REPORT RECIPIENTS.—The Secretary shall—
(A) submit the report, review of the report,
and update required under paragraph (3) to—
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(i) the appropriate committees of Con-
gress;
(ii) the Secretary of the Interior; and
(iii) the Advisory Council on Historic
Preservation; and
(B) make the report and update available to
the public.
SEC. 1515. REGULATIONS.
Except as provided in section 1513, not later than 1
year after the date of enactment of this Act, the Secretary
shall promulgate regulations necessary to implement the
amendments made by chapter 1 and this chapter.
CHAPTER 3—MISCELLANEOUS
SEC. 1521. CRITICAL REAL PROPERTY ACQUISITION.
Section 108 of title 23, United States Code, is amended
by adding at the end the following:
‘‘(d) CRITICAL REAL PROPERTY ACQUISITION.—
‘‘(1) IN
GENERAL.—Subject to paragraph (2),
funds apportioned to a State under this title may be
used to pay the costs of acquiring any real property
that is determined to be critical under paragraph (2)
for a project proposed for funding under this title.
‘‘(2) REIMBURSEMENT.—The Federal share of
the costs referred to in paragraph (1) shall be eligible
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for reimbursement out of funds apportioned to a State
under this title if, before the date of acquisition—
‘‘(A) the Secretary determines that the
property is offered for sale on the open market;
‘‘(B) the Secretary determines that in ac-
quiring the property, the State will comply with
the Uniform Relocation Assistance and Real
Property Acquisition Policies Act of 1970 (42
U.S.C. 4601 et seq.); and
‘‘(C) the State determines that immediate
acquisition of the property is critical because—
‘‘(i) based on an appraisal of the prop-
erty, the value of the property is increasing
significantly;
‘‘(ii) there is an imminent threat of de-
velopment or redevelopment of the property;
and
‘‘(iii) the property is necessary for the
implementation of the goals stated in the
proposal for the project.
‘‘(3) APPLICABLE LAW.—An acquisition of real
property under this section shall be considered to be
an exempt project under section 176 of the Clean Air
Act (42 U.S.C. 7506).
‘‘(4) ENVIRONMENTAL REVIEW.—
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‘‘(A) IN GENERAL.—A project proposed to
be conducted under this title shall not be con-
ducted on property acquired under paragraph
(1) until all required environmental reviews for
the project have been completed.
‘‘(B) 
EFFECT
ON
CONSIDERATION
OF
PROJECT ALTERNATIVES.—The number of crit-
ical acquisitions of real property associated with
a project shall not affect the consideration of
project alternatives during the environmental re-
view process.
‘‘(5) PROCEEDS FROM THE SALE OR LEASE OF
REAL PROPERTY.—Section 156(c) shall not apply to
the sale, use, or lease of any real property acquired
under paragraph (1).’’.
SEC. 1522. PLANNING CAPACITY BUILDING INITIATIVE.
Section 104 of title 23, United States Code, is amended
by adding at the end the following:
‘‘(m) PLANNING CAPACITY BUILDING INITIATIVE.—
‘‘(1) IN
GENERAL.—The Secretary shall carry
out a planning capacity building initiative to sup-
port enhancements in transportation planning to—
‘‘(A) strengthen the processes and products
of metropolitan and statewide transportation
planning under this title;
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‘‘(B) enhance tribal capacity to conduct
joint transportation planning under chapter 2;
‘‘(C) participate in the metropolitan and
statewide transportation planning programs
under this title; and
‘‘(D) increase the knowledge and skill level
of participants in metropolitan and statewide
transportation.
‘‘(2) PRIORITY.—The Secretary shall give pri-
ority to planning practices and processes that
support—
‘‘(A) the transportation elements of home-
land security planning, including—
‘‘(i) training and best practices relat-
ing to emergency evacuation;
‘‘(ii) developing materials to assist
areas in coordinating emergency manage-
ment and transportation officials; and
‘‘(iii) developing training on how
planning organizations may examine secu-
rity issues;
‘‘(B) 
performance-based 
planning,
including—
‘‘(i) data and data analysis tech-
nologies to be shared with States, metropoli-
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tan planning organizations, local govern-
ments, and nongovernmental organizations
that—
‘‘(I) participate in transportation
planning;
‘‘(II) use the data and data anal-
ysis to engage in metropolitan, tribal,
or statewide transportation planning;
‘‘(III) involve the public in the de-
velopment of transportation plans,
projects, and alternative scenarios; and
‘‘(IV) develop strategies to avoid,
minimize, and mitigate the impacts of
transportation facilities and projects;
and
‘‘(ii) improvement of the quality of
congestion management systems, including
the development of—
‘‘(I) a measure of congestion;
‘‘(II) a measure of transportation
system reliability; and
‘‘(III) a measure of induced de-
mand;
‘‘(C) safety planning, including—
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‘‘(i) development of State strategic
safety plans consistent with section 148;
‘‘(ii) incorporation of work zone safety
into planning; and
‘‘(iii) training in the development of
data systems relating to highway safety;
‘‘(D) operations planning, including—
‘‘(i) developing training of the integra-
tion of transportation system operations
and management into the transportation
planning process; and
‘‘(ii) training and best practices relat-
ing to regional concepts of operations;
‘‘(E) freight planning, including—
‘‘(i) modeling of freight at a regional
and statewide level; and
‘‘(ii) 
techniques 
for 
engaging 
the
freight community with the planning proc-
ess;
‘‘(F) air quality planning, including—
‘‘(i) assisting new and existing non-
attainment and maintenance areas in de-
veloping the technical capacity to perform
air quality conformity analysis;
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‘‘(ii) providing training on areas such
as modeling and data collection to support
air quality planning and analysis;
‘‘(iii) developing concepts and tech-
niques to assist areas in meeting air quality
performance timeframes; and
‘‘(iv) developing materials to explain
air quality issues to decisionmakers and the
public; and
‘‘(G) integration of environment and plan-
ning.
‘‘(3) USE OF FUNDS.—The Secretary shall use
amounts made available under paragraph (4) to
make grants to, or enter into contracts, cooperative
agreements, and other transactions with, a Federal
agency, State agency, local agency, federally recog-
nized Indian tribal government or tribal consortium,
authority, association, nonprofit or for-profit corpora-
tion, or institution of higher education for research,
program development, information collection and dis-
semination, and technical assistance.
‘‘(4) SET-ASIDE.—
‘‘(A) IN GENERAL.—On October 1 of each
fiscal year, of the funds made available under
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subsection (a), the Secretary shall set aside
$3,754,515 to carry out this subsection.
‘‘(B) FEDERAL SHARE.—The Federal share
of the cost of an activity carried out using funds
made available under subparagraph (A) shall be
100 percent.
‘‘(C) AVAILABILITY.—Funds made available
under subparagraph (A) shall remain available
until expended.’’.
SEC. 1523. INTERMODAL PASSENGER FACILITIES.
(a) IN GENERAL.—Chapter 55 of title 49, United
States Code, is amended by adding at the end the following:
‘‘SUBCHAPTER III—INTERMODAL PASSENGER
FACILITIES
‘‘§ 5571. Policy and purposes
‘‘(a) DEVELOPMENT AND ENHANCEMENT OF INTER-
MODAL PASSENGER FACILITIES.—It is in the economic in-
terest of the United States to improve the efficiency of public
surface transportation modes by ensuring their connection
with and access to intermodal passenger terminals, thereby
streamlining the transfer of passengers among modes, en-
hancing travel options, and increasing passenger transpor-
tation operating efficiencies.
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‘‘(b) GENERAL PURPOSES.—The purposes of this sub-
chapter are to accelerate intermodal integration among
North America’s passenger transportation modes through—
‘‘(1) ensuring intercity public transportation ac-
cess to intermodal passenger facilities;
‘‘(2) encouraging the development of an inte-
grated system of public transportation information;
and
‘‘(3) providing intercity bus intermodal pas-
senger facility grants.
‘‘§ 5572. Definitions
‘‘In this subchapter—
‘‘(1) ‘capital project’ means a project for—
‘‘(A) acquiring, constructing, improving, or
renovating an intermodal facility that is related
physically and functionally to intercity bus serv-
ice and establishes or enhances coordination be-
tween intercity bus service and transportation,
including aviation, commuter rail, intercity rail,
public transportation, seaports, and the National
Highway System, such as physical infrastruc-
ture associated with private bus operations at
existing and new intermodal facilities, including
special lanes, curb cuts, ticket kiosks and
counters, baggage and package express storage,