†
149
HR 3 PP
SEC. 1408. WORKER INJURY PREVENTION AND FREE FLOW
OF VEHICULAR TRAFFIC.
Not later than 1 year after the date of enactment of
this Act, the Secretary shall promulgate regulations—
(1) to decrease the probability of worker injury;
(2) to maintain the free flow of vehicular traffic
by requiring workers whose duties place the workers
on, or in close proximity to, a Federal-aid highway
(as defined in section 101 of title 23, United States
Code) to wear high-visibility clothing; and
(3) to require such other worker-safety measures
for workers described in paragraph (2) as the Sec-
retary determines appropriate.
SEC. 1409. OPEN CONTAINER REQUIREMENTS.
Section 154 of title 23, United States Code, is amended
by striking subsection (c) and inserting the following:
‘‘(c) TRANSFER OF FUNDS.—
‘‘(1) IN GENERAL.—The Secretary shall withhold
the applicable percentage for the fiscal year of the
amount required to be apportioned for Federal-aid
highways to any State under each of paragraphs (1),
(3), and (4) of section 104(b), if a State has not en-
acted or is not enforcing a provision described in sub-
section (b), as follows:
‘‘For:
The applicable percentage is:
Fiscal year 2008 ...............................
2 percent.
Fiscal year 2009 ...............................
2 percent.
†
150
HR 3 PP
‘‘For:
The applicable percentage is:
Fiscal year 2010 ...............................
2 percent.
Fiscal year 2011 and each subse-
quent fiscal year.
2 percent.
‘‘(2) RESTORATION.—If (during the 4-year pe-
riod beginning on the date the apportionment for any
State is reduced in accordance with this subsection)
the Secretary determines that the State has enacted
and is enforcing a provision described in subsection
(b), the apportionment of the State shall be increased
by an amount equal to the amount of the reduction
made during the 4-year period.’’.
SEC. 1410. SAFE INTERSECTIONS.
(a) IN GENERAL.—Chapter 2 of title 18, United States
Code, is amended by adding at the end the following:
‘‘§ 39. Traffic signal preemption transmitters
‘‘(a) OFFENSES.—
‘‘(1) SALE.—A person who knowingly sells a
traffic signal preemption transmitter in or affecting
interstate or foreign commerce to a person who is not
acting on behalf of a public agency or private cor-
poration authorized by law to provide fire protection,
law enforcement, emergency medical services, transit
services, maintenance, or other services for a Federal,
State, or local government entity, shall, notwith-
standing section 3571(b), be fined not more than
$10,000, imprisoned not more than 1 year, or both.
†
151
HR 3 PP
‘‘(2) USE.—A person who makes unauthorized
use of a traffic signal preemption transmitter in or
affecting interstate or foreign commerce shall be fined
not more than $10,000, imprisoned not more than 6
months, or both.
‘‘(b) DEFINITIONS.—In this section, the following defi-
nitions apply:
‘‘(1) TRAFFIC
SIGNAL
PREEMPTION
TRANS-
MITTER.—The term ‘traffic signal preemption trans-
mitter’ means any mechanism that can change or
alter a traffic signal’s phase time or sequence.
‘‘(2) UNAUTHORIZED USE.—
‘‘(A) IN GENERAL.—The term ‘unauthorized
use’ means use of a traffic signal preemption
transmitter by a person who is not acting on be-
half of a public agency or private corporation
authorized by law to provide fire protection, law
enforcement, emergency medical services, transit
services, maintenance, or other services for a
Federal, State, or local government entity.
‘‘(B) EXCEPTION.—The term ‘unauthorized
use’ does not apply to use of a traffic signal pre-
emption transmitter for classroom or instruc-
tional purposes.’’.
†
152
HR 3 PP
(b) CHAPTER ANALYSIS.—The chapter analysis for
chapter 2 of title 18, United States Code, is amended by
adding at the end the following:
‘‘39. Traffic signal preemption transmitters.’’.
SEC. 1411. PRESIDENTIAL COMMISSION ON ALCOHOL-IM-
PAIRED DRIVING.
(a) FINDINGS.—Congress finds that—
(1) there has been considerable progress over the
past 25 years in reducing the number and rate of al-
cohol-related highway fatalities;
(2) the National Highway Traffic Safety Admin-
istration projects that fatalities in alcohol-related
crashes declined in 2004 for the second year in a row;
(3) in spite of this progress, an estimated 16,654
Americans died in 2004, in alcohol-related crashes;
(4) these fatalities comprise 39 percent of the an-
nual total of highway fatalities;
(5) about 250,000 are injured each year in alco-
hol-related crashes;
(6) the past 2 years of decreasing alcohol-related
fatalities follows a 3-year increase;
(7) drunk driving is the Nation’s most frequently
committed violent crime;
(8) the annual cost of alcohol-related crashes is
over $100,000,000,000, including $9,000,000,000 in
costs to employers;
†
153
HR 3 PP
(9) a Presidential Commission on Drunk Driv-
ing in 1982 and 1983 helped to lead to substantial
progress on this issue; and
(10) these facts point to the need to renew the
national commitment to preventing these deaths and
injuries.
(b) SENSE OF THE SENATE.—It is the sense of the Sen-
ate that, in an effort to further change the culture of alcohol
impaired driving on our Nation’s highways, the President
should consider establishing a Presidential Commission on
Alcohol-Impaired Driving—
(1) comprised of—
(A) representatives of State and local gov-
ernments, including state legislators;
(B) law enforcement;
(C) traffic safety experts, including re-
searchers;
(D) victims of alcohol-related crashes;
(E) affected industries, including the alco-
hol, insurance, and auto industries;
(F) the business community;
(G) labor;
(H) the medical community;
(I) public health; and
(J) Members of Congress; and
†
154
HR 3 PP
(2) that not later than September 30, 2006,
would—
(A) conduct a full examination of alcohol-
impaired driving issues; and
(B) make recommendations for a broad
range of policy and program changes that would
serve to further reduce the level of deaths and in-
juries caused by drunk driving.
SEC. 1412. SENSE OF THE SENATE IN SUPPORT OF IN-
CREASED PUBLIC AWARENESS OF BLOOD AL-
COHOL CONCENTRATION LEVELS AND THE
DANGERS OF DRINKING AND DRIVING.
(a) FINDINGS.—The Senate finds that—
(1) in 2003—
(A) 17,013 Americans died in alcohol-re-
lated traffic crashes;
(B) 40 percent of the persons killed in traf-
fic crashes died in alcohol-related crashes; and
(C) drivers with blood alcohol concentration
levels over 0.15 were involved in 58 percent of al-
cohol-related traffic fatalities;
(2) research shows that 77 percent of Americans
think they have received enough information about
drinking and driving and the way in which alcohol
†
155
HR 3 PP
affects individual blood alcohol concentration levels;
and
(3) only 28 percent of the American public can
correctly identify the legal limit of blood alcohol con-
centration of the State in which they reside.
(b) SENSE OF THE SENATE.—It is the sense of the Sen-
ate that the National Highway Traffic Safety Administra-
tion should work with State and local governments and
independent organizations to increase public awareness
of—
(1) State legal limits on blood alcohol concentra-
tion levels; and
(2) the dangers of drinking and driving.
SEC. 1413. GRANT PROGRAM FOR COMMERCIAL DRIVER
TRAINING.
(a) ESTABLISHMENT.—The Secretary of Transpor-
tation shall establish a program for making grants to com-
mercial driver training schools and programs for the pur-
pose of providing financial assistance to entry level drivers
of commercial vehicles (as defined in section 31301 of title
49, United States Code).
(b) FEDERAL SHARE.—The Federal share of the cost
for which a grant is made under this section shall be 80
percent.
†
156
HR 3 PP
(c) FUNDING.—There are authorized to be appro-
priated from the Highway Trust Fund (other than the Mass
Transit Account) for the purpose of carrying out this sec-
tion $5,000,000 for each of the fiscal years 2006 through
2009.
Subtitle E—Environmental
Planning and Review
CHAPTER 1—TRANSPORTATION
PLANNING
SEC. 1501. INTEGRATION OF NATURAL RESOURCE CON-
CERNS INTO STATE AND METROPOLITAN
TRANSPORTATION PLANNING.
(a) METROPOLITAN PLANNING.—Section 134(f) of title
23, United States Code, is amended—
(1) in paragraph (1)—
(A) in subparagraph (D)—
(i) by inserting after ‘‘environment’’
the following: ‘‘(including the protection of
habitat, water quality, and agricultural
and forest land, while minimizing invasive
species)’’; and
(ii) by inserting before the semicolon
the following: ‘‘(including minimizing ad-
verse health effects from mobile source air
pollution and promoting the linkage of the
†
157
HR 3 PP
transportation and development goals of the
metropolitan area)’’; and
(B) in subparagraph (G), by inserting ‘‘and
efficient use’’ after ‘‘preservation’’;
(2) by redesignating paragraph (2) as para-
graph (3); and
(3) by inserting after paragraph (1) the fol-
lowing:
‘‘(2) SELECTION OF FACTORS.—After soliciting
and considering any relevant public comments, the
metropolitan planning organization shall determine
which of the factors described in paragraph (1) are
most appropriate for the metropolitan area to con-
sider.’’.
(b) STATEWIDE PLANNING.—Section 135(c) of title 23,
United States Code, is amended—
(1) in paragraph (1)—
(A) in subparagraph (D)—
(i) by inserting after ‘‘environment’’
the following: ‘‘(including the protection of
habitat, water quality, and agricultural
and forest land, while minimizing invasive
species)’’; and
(ii) by inserting before the semicolon
the following: ‘‘(including minimizing ad-
†
158
HR 3 PP
verse health effects from mobile source air
pollution and promoting the linkage of the
transportation and development goals of the
State)’’; and
(B) in subparagraph (G), by inserting ‘‘and
efficient use’’ after ‘‘preservation’’;
(2) by redesignating paragraph (2) as para-
graph (3); and
(3) by inserting after paragraph (1) the fol-
lowing:
‘‘(2) SELECTION
OF
PROJECTS
AND
STRATE-
GIES.—After soliciting and considering any relevant
public comments, the State shall determine which of
the projects and strategies described in paragraph (1)
are most appropriate for the State to consider.’’.
SEC. 1502. CONSULTATION BETWEEN TRANSPORTATION
AGENCIES 
AND 
RESOURCE 
AGENCIES 
IN
TRANSPORTATION PLANNING.
(a) IN GENERAL.—Section 134(g) of title 23, United
States Code, is amended—
(1) in paragraph (2)—
(A) by redesignating subparagraphs (B)
through (D) as subparagraphs (C) through (E),
respectively; and
†
159
HR 3 PP
(B) by inserting after subparagraph (A) the
following:
‘‘(B) MITIGATION ACTIVITIES.—
‘‘(i) IN GENERAL.—A long-range trans-
portation plan shall include a discussion
of—
‘‘(I) types of potential habitat,
hydrological, and environmental miti-
gation activities that may assist in
compensating for loss of habitat, wet-
land, and other environmental func-
tions; and
‘‘(II) potential areas to carry out
these activities, including a discussion
of areas that may have the greatest po-
tential to restore and maintain the
habitat types and hydrological or envi-
ronmental functions affected by the
plan.
‘‘(ii) CONSULTATION.—The discussion
shall be developed in consultation with Fed-
eral, State, and tribal wildlife, land man-
agement, and regulatory agencies.’’;
(2) by redesignating paragraphs (4), (5), and (6)
as paragraphs (5), (6), and (7), respectively; and
†
160
HR 3 PP
(3) by inserting after paragraph (3) the fol-
lowing:
‘‘(4) CONSULTATION.—
‘‘(A) IN GENERAL.—In each metropolitan
area, the metropolitan planning organization
shall consult, as appropriate, with State and
local agencies responsible for land use manage-
ment, natural resources, environmental protec-
tion, conservation, and historic preservation con-
cerning the development of a long-range trans-
portation plan.
‘‘(B) 
ISSUES.—The 
consultation 
shall
involve—
‘‘(i) 
comparison 
of 
transportation
plans with State conservation plans or with
maps, if available;
‘‘(ii) comparison of transportation
plans to inventories of natural or historic
resources, if available; or
‘‘(iii) consideration of areas where
wildlife crossing structures may be needed
to ensure connectivity between wildlife habi-
tat linkage areas.’’.
(b) IMPROVED CONSULTATION DURING STATE TRANS-
PORTATION PLANNING.—
†
161
HR 3 PP
(1) IN GENERAL.—Section 135(e)(2) of title 23,
United States Code, is amended by adding at the end
the following:
‘‘(D) CONSULTATION, 
COMPARISON, 
AND
CONSIDERATION.—
‘‘(i) IN
GENERAL.—The long-range
transportation plan shall be developed, as
appropriate, in consultation with State,
tribal, and local agencies responsible for—
‘‘(I) land use management;
‘‘(II) natural resources;
‘‘(III) environmental protection;
‘‘(IV) conservation; and
‘‘(V) historic preservation.
‘‘(ii) COMPARISON
AND
CONSIDER-
ATION.—Consultation under clause (i) shall
involve—
‘‘(I) comparison of transportation
plans to State and tribal conservation
plans or maps, if available;
‘‘(II) comparison of transpor-
tation plans to inventories of natural
or historic resources, if available; or
‘‘(III) 
consideration 
of 
areas
where wildlife crossing structures may
†
162
HR 3 PP
be needed to ensure connectivity be-
tween wildlife habitat linkage areas.’’.
(2) 
ADDITIONAL
REQUIREMENTS.—Section
135(e) of title 23, United States Code, is amended—
(A) by redesignating paragraphs (4) and
(5) as paragraphs (6) and (7), respectively; and
(B) by inserting after paragraph (3) the fol-
lowing:
‘‘(4) MITIGATION ACTIVITIES.—
‘‘(A) IN GENERAL.—A long-range transpor-
tation plan shall include a discussion of—
‘‘(i) 
types 
of 
potential 
habitat,
hydrological, and environmental mitigation
activities that may assist in compensating
for loss of habitat, wetlands, and other envi-
ronmental functions; and
‘‘(ii) potential areas to carry out these
activities, including a discussion of areas
that may have the greatest potential to re-
store and maintain the habitat types and
hydrological or environmental functions af-
fected by the plan.
‘‘(B) CONSULTATION.—The discussion shall
be developed in consultation with Federal, State,
†
163
HR 3 PP
and tribal wildlife, land management, and regu-
latory agencies.
‘‘(5) TRANSPORTATION
STRATEGIES.—A long-
range transportation plan shall identify transpor-
tation strategies necessary to efficiently serve the mo-
bility needs of people.’’.
SEC. 1503. INTEGRATION OF NATURAL RESOURCE CON-
CERNS 
INTO 
TRANSPORTATION 
PROJECT
PLANNING.
Section 109(c)(2) of title 23, United States Code, is
amended—
(1) by striking ‘‘consider the results’’ and insert-
ing ‘‘consider—
‘‘(A) the results’’;
(2) by striking the period at the end and insert-
ing a semicolon; and
(3) by adding at the end the following:
‘‘(B) the publication entitled ‘Flexibility in
Highway Design’ of the Federal Highway Ad-
ministration;
‘‘(C) ‘Eight Characteristics of Process to
Yield Excellence and the Seven Qualities of Ex-
cellence in Transportation Design’ developed by
the conference held during 1998 entitled ‘Think-
ing Beyond the Pavement National Workshop on
†
164
HR 3 PP
Integrating Highway Development with Commu-
nities and the Environment while Maintaining
Safety and Performance’; and
‘‘(D) any other material that the Secretary
determines to be appropriate.’’.
SEC. 1504. PUBLIC INVOLVEMENT IN TRANSPORTATION
PLANNING AND PROJECTS.
(a) METROPOLITAN PLANNING.—
(1) PARTICIPATION BY INTERESTED PARTIES.—
Section 134(g)(5) of title 23, United States Code (as
redesignated by section 1502(a)(1)), is amended—
(A) by striking ‘‘Before approving’’ and in-
serting the following:
‘‘(A) IN GENERAL.—Before approving’’; and
(B) by adding at the end the following:
‘‘(B) METHODS.—In carrying out subpara-
graph (A), the metropolitan planning organiza-
tion shall, to the maximum extent practicable—
‘‘(i) hold any public meetings at con-
venient and accessible locations and times;
‘‘(ii) employ visualization techniques
to describe plans; and
‘‘(iii) make public information avail-
able in electronically accessible format and
means, such as the World Wide Web.’’.
†
165
HR 3 PP
(2) PUBLICATION
OF
LONG-RANGE
TRANSPOR-
TATION
PLANS.—Section 134(g)(6)(i) of title 23,
United States Code (as redesignated by section
1502(a)(1)), is amended by inserting before the semi-
colon the following: ‘‘, including (to the maximum ex-
tent practicable) in electronically accessible formats
and means such as the World Wide Web’’.
(b) STATEWIDE PLANNING.—
(1) PARTICIPATION BY INTERESTED PARTIES.—
Section 135(e)(3) of title 23, United States Code, is
amended by striking subparagraph (B) and inserting
the following:
‘‘(B) METHODS.—In carrying out subpara-
graph (A), the State shall, to the maximum ex-
tent practicable—
‘‘(i) hold any public meetings at con-
venient and accessible locations and times;
‘‘(ii) employ visualization techniques
to describe plans; and
‘‘(iii) make public information avail-
able in electronically accessible format and
means, such as the World Wide Web.’’.
(2) PUBLICATION
OF
LONG-RANGE
TRANSPOR-
TATION PLANS.—Section 135(e) of title 23, United
†
166
HR 3 PP
States Code (as amended by section 1502(b)(2)), is
amended by adding at the end the following:
‘‘(8) PUBLICATION OF LONG-RANGE TRANSPOR-
TATION 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.’’.
SEC. 1505. PROJECT MITIGATION.
(a) MITIGATION
FOR NATIONAL HIGHWAY SYSTEM
PROJECTS.—Section 103(b)(6)(M) of title 23, United States
Code, is amended—
(1) by inserting ‘‘(i)’’ after ‘‘(M); and
(2) by adding at the end the following:
‘‘(ii) State habitat, streams, and wetlands
mitigation efforts under section 155.’’.
(b) MITIGATION FOR SURFACE TRANSPORTATION PRO-
GRAM PROJECTS.—Section 133(b)(11) of title 23, United
States Code, is amended—
(1) by inserting ‘‘(A)’’ after ‘‘(11)’’; and
(2) by adding at the end the following:
‘‘(B) State habitat, streams, and wetlands miti-
gation efforts under section 155.’’.
†
167
HR 3 PP
(c) STATE HABITAT, STREAMS, AND WETLANDS MITI-
GATION FUNDS.—Section 155 of title 23, United States
Code, is amended to read as follows:
‘‘§ 155. State habitat, streams, and wetlands mitiga-
tion funds
‘‘(a) ESTABLISHMENT.—A State should establish a
habitat, streams, and wetlands mitigation fund (referred to
in this section as a ‘State fund’).
‘‘(b) PURPOSE.—The purpose of a State fund is to en-
courage efforts for habitat, streams, and wetlands mitiga-
tion in advance of or in conjunction with highway or tran-
sit projects to—
‘‘(1) ensure that the best habitat, streams, and
wetland mitigation sites now available are used; and
‘‘(2) accelerate transportation project delivery by
making high-quality habitat, streams, and wetland
mitigation credits available when needed.
‘‘(c) FUNDS.—A State may deposit into a State fund
part of the funds apportioned to the State under—
‘‘(1) section 104(b)(1) for the National Highway
System; and
‘‘(2) section 104(b)(3) for the surface transpor-
tation program.
‘‘(d) USE.—
†
168
HR 3 PP
‘‘(1) IN
GENERAL.—Amounts deposited in a
State fund shall be used (in a manner consistent with
this section) for habitat, streams, or wetlands mitiga-
tion related to 1 or more projects funded under this
title, including a project under the transportation im-
provement program of the State developed under sec-
tion 135(f).
‘‘(2) ENDANGERED
SPECIES.—In carrying out
this section, a State and cooperating agency shall give
consideration to mitigation projects, on-site or off-site,
that restore and preserve the best available sites to
conserve biodiversity and habitat for—
‘‘(A) Federal or State listed threatened or
endangered species of plants and animals; and
‘‘(B) plant or animal species warranting
listing as threatened or endangered, as deter-
mined by the Secretary of the Interior in accord-
ance with section 4(b)(3)(B) of the Endangered
Species Act of 1973 (16 U.S.C. 1533(b)(3)(B)).
‘‘(3) MITIGATION IN CLOSED BASINS.—
‘‘(A) IN
GENERAL.—A State may use
amounts deposited in the State fund for projects
to protect existing roadways from anticipated
flooding of a closed basin lake, including—
‘‘(i) construction—
†
169
HR 3 PP
‘‘(I) necessary for the continu-
ation of roadway services and the im-
poundment of water, as the State de-
termines to be appropriate; or
‘‘(II) for a grade raise to perma-
nently restore a roadway the use of
which is lost or reduced, or could be
lost or reduced, as a result of an actual
or predicted water level that is within
3 feet of causing inundation of the
roadway in a closed lake basin;
‘‘(ii) monitoring, studies, evaluations,
design, or preliminary engineering relating
to construction; and
‘‘(iii) monitoring and evaluations re-
lating to proposed construction.
‘‘(B) 
REIMBURSEMENT.—The 
Secretary
may permit a State that expends funds under
subparagraph (A) to be reimbursed for the ex-
penditures through the use of amounts made
available under section 125(c)(1).
‘‘(e) CONSISTENCY
WITH
APPLICABLE
REQUIRE-
MENTS.—Contributions from the State fund to mitigation
efforts may occur in advance of project construction only
†
170
HR 3 PP
if the efforts are consistent with all applicable requirements
of Federal law (including regulations).’’.
(d) CONFORMING AMENDMENT.—The analysis for sub-
chapter I of chapter 1 of title 23, United States Code, is
amended by striking the item relating to section 155 and
inserting the following:
‘‘155. State habitat, streams, and wetlands mitigation funds.’’.
CHAPTER 2—TRANSPORTATION PROJECT
DEVELOPMENT PROCESS
SEC. 1511. TRANSPORTATION PROJECT DEVELOPMENT
PROCESS.
(a) IN GENERAL.—Chapter 3 of title 23, United States
Code (as amended by section 1203(a)), is amended by in-
serting after section 325 the following:
‘‘§ 326. Transportation project development process
‘‘(a) DEFINITIONS.—In this section:
‘‘(1) AGENCY.—The term ‘agency’ means any
agency, department, or other unit of Federal, State,
local, or federally recognized tribal government.
‘‘(2) ENVIRONMENTAL IMPACT STATEMENT.—The
term ‘environmental impact statement’ means a de-
tailed statement of the environmental impacts of a
project required to be prepared under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.).
‘‘(3) ENVIRONMENTAL REVIEW PROCESS.—
†
171
HR 3 PP
‘‘(A) IN
GENERAL.—The term ‘environ-
mental review process’ means the process for pre-
paring, for a project—
‘‘(i) an environmental impact state-
ment; or
‘‘(ii) any other document or analysis
required to be prepared under the National
Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.)
‘‘(B) 
INCLUSIONS.—The 
term 
‘environ-
mental 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) PROJECT.—The term ‘project’ means any
highway or transit project that requires the approval
of the Secretary.
‘‘(5) PROJECT
SPONSOR.—The term ‘project
sponsor’ means an agency or other entity (including
any private or public-private entity), that seeks ap-
proval of the Secretary for a project.
‘‘(6) STATE
TRANSPORTATION
DEPARTMENT.—
The term ‘State transportation department’ means
†
172
HR 3 PP
any statewide agency of a State with responsibility
for transportation.
‘‘(b) PROCESS.—
‘‘(1) LEAD AGENCY.—
‘‘(A) IN
GENERAL.—The Department of
Transportation shall be the lead Federal agency
in the environmental review process for a project.
‘‘(B) JOINT LEAD AGENCIES.—Nothing in
this section precludes another agency from being
a joint lead agency in accordance with regula-
tions under the National Environmental Policy
Act of 1969 (42 U.S.C. 4321 et seq.).
‘‘(C) CONCURRENCE
OF
PROJECT
SPON-
SOR.—The lead agency may carry out the envi-
ronmental review process in accordance with this
section only with the concurrence of the project
sponsor.
‘‘(2) REQUEST FOR PROCESS.—
‘‘(A) IN GENERAL.—A project sponsor may
request that the lead agency carry out the envi-
ronmental review process for a project or group
of projects in accordance with this section.
‘‘(B) GRANT
OF
REQUEST; PUBLIC
NO-
TICE.—The lead agency shall—
†
173
HR 3 PP
‘‘(i) grant a request under subpara-
graph (A); and
‘‘(ii) provide public notice of the re-
quest.
‘‘(3) EFFECTIVE DATE.—The environmental re-
view process described in this section may be applied
to a project only after the date on which public notice
is provided under subparagraph (B)(ii).
‘‘(c) ROLES AND RESPONSIBILITY OF LEAD AGENCY.—
With respect to the environmental review process for any
project, the lead agency shall have authority and responsi-
bility to—
‘‘(A) identify and invite cooperating agen-
cies in accordance with subsection (d);
‘‘(B) develop an agency coordination plan
with review, schedule, and timelines in accord-
ance with subsection (e);
‘‘(C) determine the purpose and need for the
project in accordance with subsection (f);
‘‘(D) determine the range of alternatives to
be considered in accordance with subsection (g);
‘‘(E) convene dispute-avoidance and deci-
sion resolution meetings and related efforts in
accordance with subsection (h);
†
174
HR 3 PP
‘‘(F) take such other actions as are nec-
essary and proper, within the authority of the
lead agency, to facilitate the expeditious resolu-
tion of the environmental review process for the
project; and
‘‘(G) prepare or ensure that any required
environmental impact statement or other docu-
ment required to be completed under the Na-
tional Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.) is completed in accordance
with this section and applicable Federal law.
‘‘(d) ROLES AND RESPONSIBILITIES OF COOPERATING
AGENCIES.—
‘‘(1) IN GENERAL.—With respect to a project,
each Federal agency shall carry out any obligations
of the Federal agency in the environmental review
process in accordance with this section and applicable
Federal law.
‘‘(2) INVITATION.—
‘‘(A) 
IN
GENERAL.—The 
lead 
agency
shall—
‘‘(i) identify, as early as practicable in
the environmental review process for a
project, any other agencies that may have
an interest in the project, including—
†
175
HR 3 PP
‘‘(I) agencies with jurisdiction
over environmentally-related matters
that may affect the project or may be
required by law to conduct an environ-
mental-related independent review or
analysis of the project or determine
whether to issue an environmental-re-
lated permit, license, or approval for
the project; and
‘‘(II) agencies with special exper-
tise relevant to the project;
‘‘(ii) invite the agencies identified in
clause (i) to become cooperating agencies in
the environmental review process for that
project; and
‘‘(iii) grant requests to become cooper-
ating agencies from agencies not originally
invited.
‘‘(B) RESPONSES.—The deadline for receipt
of a response from an agency that receives an in-
vitation under subparagraph (A)(ii)—
‘‘(i) shall be 30 days after the date of
receipt by the agency of the invitation; but
‘‘(ii) may be extended by the lead agen-
cy for good cause.
†
176
HR 3 PP
‘‘(3) DECLINING
OF
INVITATIONS.—A Federal
agency that is invited by the lead agency to partici-
pate in the environmental review process for a project
shall be designated as a cooperating 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 cooperating agency under this subsection shall not
imply that the cooperating agency—
‘‘(A) supports a proposed project; or
‘‘(B) has any jurisdiction over, or special
expertise with respect to evaluation of, the
project.
‘‘(5) 
DESIGNATIONS
FOR
CATEGORIES
OF
PROJECTS.—
‘‘(A) IN GENERAL.—The Secretary may in-
vite other agencies to become cooperating agen-
cies for a category of projects.
†
177
HR 3 PP
‘‘(B) DESIGNATION.—An agency may be
designated as a cooperating agency for a cat-
egory of projects only with the consent of the
agency.
‘‘(6) 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 administra-
tive, policy, and procedural mechanisms to en-
able the agency to ensure completion of the envi-
ronmental review process in a timely, coordi-
nated, and environmentally responsible manner.
‘‘(e) DEVELOPMENT
OF
FLEXIBLE
PROCESS
AND
TIMELINE.—
‘‘(1) COORDINATION PLAN.—
‘‘(A) IN GENERAL.—The lead agency shall
establish a coordination plan, which may be in-
corporated into a memorandum of under-
standing, to coordinate agency and public par-
†
178
HR 3 PP
ticipation in and comment on the environmental
review process for a project or category of
projects.
‘‘(B) WORKPLAN.—
‘‘(i) IN
GENERAL.—The lead agency
shall develop, as part of the coordination
plan, a workplan for completing the collec-
tion, analysis, and evaluation of baseline
data and future impacts modeling necessary
to complete the environmental review proc-
ess, including any data, analyses, and mod-
eling necessary for related permits, approv-
als, reviews, or studies required for the
project under other laws.
‘‘(ii) CONSULTATION.—In developing
the workplan under clause (i), the lead
agency shall consult with—
‘‘(I) each cooperating agency for
the project;
‘‘(II) the State in which the
project is located; and
‘‘(III) if the State is not the
project sponsor, the project sponsor.
‘‘(C) SCHEDULE.—