142
‘‘(4) OPERATION
AND
MANAGEMENT.—Provi-
sion of services necessary to ensure the efficient op-
eration and management of intelligent transpor-
tation systems infrastructure, including costs associ-
ated with communications, utilities, rent, hardware,
software, labor, administrative costs, training, and
technical services.
‘‘(5) INTERAGENCY
SUPPORT.—Provision of
support for institutional relationships between trans-
portation agencies, police, emergency medical serv-
ices, private emergency operators, freight operators,
and shippers.
‘‘(6) 
PLANNING.—Conducting 
cross-jurisdic-
tional planning and deployment of regional transpor-
tation systems operations and management ap-
proaches.
‘‘(d) OBLIGATION OF AMOUNTS.—
‘‘(1) IN GENERAL.—In complying with the re-
quirements of this section, the amounts obligated by
a State for projects under subsection (c) that sup-
port deployment of intelligent transportation systems
in such State under subsection (a) shall be allocated
among the individual programs for which funds are
apportioned under sections 104(b)(1), 104(b)(2),
104(b)(3), and 104(b)(4).
143
‘‘(2) LIMITATION
ON
STATUTORY
CONSTRUC-
TION.—Nothing in this subsection shall be construed
as requiring a State to obligate proportional or equal
amounts 
under 
sections 
104(b)(1), 
104(b)(2),
104(b)(3), and 104(b)(4) for any congestion relief
activity under this section.
‘‘(e) LIMITATION ON STATUTORY CONSTRUCTION.—
Nothing in this section shall be construed as altering or
otherwise affecting the applicability of the requirements
of this chapter (including requirements relating to the eli-
gibility of a project for assistance under the program, the
location of the project, and the Federal-share payable on
account of the project) to amounts apportioned to a State
for a program under section 104(b) that are obligated by
the State for projects under this section.
‘‘(f) JOINT RESPONSIBILITY.—Each State, each af-
fected metropolitan planning organization, and the Sec-
retary shall jointly ensure compliance with this section.’’.
(c) CONFORMING AMENDMENT.—The analysis for
such chapter is amended by inserting after the item relat-
ing to section 149 the following:
‘‘150. Deployment of intelligent transportation systems.’’.
144
SEC. 1206. ENVIRONMENTAL REVIEW OF ACTIVITIES THAT
SUPPORT 
DEPLOYMENT 
OF 
INTELLIGENT
TRANSPORTATION SYSTEMS.
(a) CATEGORICAL EXCLUSIONS.—Not later than one
year after the date of enactment of this Act, the Secretary
shall initiate a rulemaking process to establish, to the ex-
tent appropriate, categorical exclusions for activities that
support the deployment of intelligent transportation infra-
structure and systems from the requirement that an envi-
ronmental assessment or an environmental impact state-
ment be prepared under section 102 of the National Envi-
ronmental Policy Act of 1969 (42 U.S.C. 4321 et seq.)
(42 U.S.C. 4332) in compliance with the standards for
categorical exclusions established by that Act.
(b) NATIONWIDE PROGRAMMATIC AGREEMENT.—
(1) DEVELOPMENT.—The Secretary shall de-
velop a nationwide programmatic agreement gov-
erning the review of activities that support the de-
ployment of intelligent transportation infrastructure
and systems in accordance with section 106 of the
National Historic Preservation Act (16 U.S.C. 470f)
and the regulations of the Advisory Council on His-
toric Preservation.
(2) CONSULTATION.—The Secretary shall de-
velop the agreement under paragraph (1) in con-
sultation with the National Conference of State His-
145
toric Preservation Officers and the Advisory Council
on Historic Preservation established under title II of
the National Historic Preservation Act (26 U.S.C.
470i et seq.) and after soliciting the views of other
interested parties.
(c) INTELLIGENT TRANSPORTATION INFRASTRUC-
TURE AND SYSTEMS DEFINED.—In this section, the term
‘‘intelligent transportation infrastructure and systems’’
means intelligent transportation infrastructure and intel-
ligent transportation systems, as such terms are defined
in section 5607.
SEC. 1207. STATE ASSUMPTION OF RESPONSIBILITIES FOR
CERTAIN PROGRAMS AND PROJECTS.
(a) IN GENERAL.—Subchapter I of chapter 1 of title
23, United States Code, is amended by adding at the end
the following:
‘‘§ 167. State assumption of responsibilities for cer-
tain programs and projects
‘‘(a) ASSUMPTION OF SECRETARY’S RESPONSIBIL-
ITIES UNDER APPLICABLE FEDERAL LAWS.—
‘‘(1) PILOT PROGRAM.—
‘‘(A) 
ESTABLISHMENT.—The 
Secretary
may establish a pilot program under which
States may assume the responsibilities of the
146
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
this section, 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, consulta-
tion, or decisionmaking or other actions required
under any Federal law as such requirements apply
to the following projects:
‘‘(A) Projects funded under section 104(h).
‘‘(B) Transportation enhancement activi-
ties under section 133, as such term is defined
in section 101(a)(35).
‘‘(C) 
Projects 
as 
defined 
in 
section
101(a)(39) and section 5607 of the Transpor-
tation Equity Act: A Legacy for Users.
‘‘(b) AGREEMENTS.—
‘‘(1) IN GENERAL.—The Secretary shall enter
into a memorandum of understanding with a State
participating in the pilot program setting forth the
147
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 en-
ters into a memorandum of understanding with a
State under paragraph (1), the State shall certify
that the State has in effect laws (including regula-
tions) applicable to projects carried out and funded
under this title and chapter 53 of title 49 that au-
thorize the State to carry out the responsibilities
being assumed.
‘‘(3) MAXIMUM DURATION.—A memorandum of
understanding 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 para-
graph (1), the Secretary shall review and deter-
mine compliance by the State with the memo-
randum of understanding.
‘‘(B) RENEWALS.—The Secretary shall
take into account the performance of a State