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‘‘(2) AUTHORITY.—The lead agency shall define
the purpose and need for a project, including the
transportation objectives and any other objectives in-
tended to be achieved by the project.
‘‘(3) INVOLVEMENT OF COOPERATING AGENCIES
AND THE PUBLIC.—Before determining the purpose
and need for a project, the lead agency shall solicit
for 30 days, and consider, any relevant comments on
the draft statement of purpose and need for a pro-
posed project received from the public and cooperating
agencies.
‘‘(4) EFFECT ON OTHER REVIEWS.—For the pur-
pose of compliance with the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.) and any
other law requiring an agency that is not the lead
agency to determine or consider a project purpose or
project need, such an agency acting, permitting, or
approving under, or otherwise applying, Federal law
with respect to a project shall adopt the determina-
tion of purpose and need for the project made by the
lead agency.
‘‘(5) SAVINGS.—Nothing in this subsection pre-
empts or interferes with any power, jurisdiction, re-
sponsibility, or authority of an agency under applica-
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ble law (including regulations) with respect to a
project.
‘‘(6) CONTENTS.—
‘‘(A) IN GENERAL.—The statement of pur-
pose and need shall include a clear statement of
the objectives that the proposed project is in-
tended to achieve.
‘‘(B) EFFECT ON EXISTING STANDARDS.—
Nothing in this subsection shall alter existing
standards for defining the purpose and need of
a project.
‘‘(7) FACTORS TO CONSIDER.—The lead agency
may determine that any of the following factors and
documents are appropriate for consideration in deter-
mining the purpose of and need for a project:
‘‘(A) Transportation plans and related
planning documents developed through the state-
wide and metropolitan transportation planning
process under sections 134 and 135.
‘‘(B) Land use plans adopted by units of
State, local, or tribal government (or, in the case
of Federal land, by the applicable Federal land
management agencies).
‘‘(C) Economic development plans adopted
by—
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‘‘(i) units of State, local, or tribal gov-
ernment; or
‘‘(ii) established economic development
planning organizations or authorities.
‘‘(D) Environmental protection plans, in-
cluding plans for the protection or treatment
of—
‘‘(i) air quality;
‘‘(ii) water quality and runoff;
‘‘(iii) habitat needs of plants and ani-
mals;
‘‘(iv) threatened and endangered spe-
cies;
‘‘(v) invasive species;
‘‘(vi) historic properties; and
‘‘(vii) other environmental resources.
‘‘(E) Any publicly available plans or poli-
cies relating to the national defense, national se-
curity, or foreign policy of the United States.
‘‘(g) DEVELOPMENT OF PROJECT ALTERNATIVES.—
‘‘(1) IN GENERAL.—With respect to the environ-
mental review process for a project, the alternatives
shall be determined in accordance with this sub-
section.
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‘‘(2) AUTHORITY.—The lead agency shall deter-
mine the alternatives to be considered for a project.
‘‘(3) INVOLVEMENT OF COOPERATING AGENCIES
AND THE PUBLIC.—
‘‘(A) IN GENERAL.—Before determining the
alternatives for a project, the lead agency shall
solicit for 30 days and consider any relevant
comments on the proposed alternatives received
from the public and cooperating agencies.
‘‘(B) ALTERNATIVES.—The lead agency
shall consider—
‘‘(i) alternatives that meet the purpose
and need of the project; and
‘‘(ii) the alternative of no action.
‘‘(C) EFFECT ON EXISTING STANDARDS.—
Nothing in this subsection shall alter the existing
standards for determining the range of alter-
natives.
‘‘(4) EFFECT ON OTHER REVIEWS.—Any other
agency acting under or applying Federal law with re-
spect to a project shall consider only the alternatives
determined by the lead agency.
‘‘(5) SAVINGS.—Nothing in this subsection pre-
empts or interferes with any power, jurisdiction, re-
sponsibility, or authority of an agency under applica-
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ble law (including regulations) with respect to a
project.
‘‘(6) FACTORS TO CONSIDER.—The lead agency
may determine that any of the following factors and
documents are appropriate for consideration in deter-
mining the alternatives for a project:
‘‘(A) The overall size and complexity of the
proposed action.
‘‘(B) The sensitivity of the potentially af-
fected resources.
‘‘(C) The overall schedule and cost of the
project.
‘‘(D) Transportation plans and related
planning documents developed through the state-
wide and metropolitan transportation planning
process under sections 134 and 135 of title 23 of
the United States Code.
‘‘(E) Land use plans adopted by units of
State, local, or tribal government (or, in the case
of Federal land, by the applicable Federal land
management agencies).
‘‘(F) Economic development plans adopted
by—
‘‘(i) units of State, local, or tribal gov-
ernment; or
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‘‘(ii) established economic development
planning organizations or authorities.
‘‘(G) environmental protection plans, in-
cluding plans for the protection or treatment
of—
‘‘(i) air quality;
‘‘(ii) water quality and runoff;
‘‘(iii) habitat needs of plants and ani-
mals;
‘‘(iv) threatened and endangered spe-
cies;
‘‘(v) invasive species;
‘‘(vi) historic properties; and
‘‘(vii) other environmental resources.
‘‘(H) Any publicly available plans or poli-
cies relating to the national defense, national se-
curity, or foreign policy of the United States.
‘‘(h) PROMPT ISSUE IDENTIFICATION AND RESOLU-
TION PROCESS.—
‘‘(1) IN GENERAL.—The lead agency, the project
sponsor, and the cooperating agencies shall work co-
operatively, in accordance with this section, to iden-
tify and resolve issues that could—
‘‘(A) delay completion of the environmental
review process; or
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‘‘(B) result in denial of any approvals re-
quired for the project under applicable laws.
‘‘(2) LEAD AGENCY RESPONSIBILITIES.—
‘‘(A) IN GENERAL.—The lead agency, with
the assistance of the project sponsor, shall make
information available to the cooperating agen-
cies, as early as practicable in the environmental
review process, regarding—
‘‘(i) the environmental and socio-
economic 
resources 
located 
within 
the
project area; and
‘‘(ii) the general locations of the alter-
natives under consideration.
‘‘(B) BASIS FOR INFORMATION.—Informa-
tion about resources in the project area may be
based on existing data sources, including geo-
graphic information systems mapping.
‘‘(3) 
COOPERATING
AGENCY
RESPONSIBIL-
ITIES.—
‘‘(A) IN GENERAL.—Based on information
received from the lead agency, cooperating agen-
cies shall promptly identify to the lead agency
any major issues of concern regarding the poten-
tial environmental or socioeconomic impacts of a
project.
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‘‘(B) MAJOR
ISSUES
OF
CONCERN.—A
major issue of concern referred to in subpara-
graph (A) may include any issue that could sub-
stantially delay or prevent an agency from
granting a permit or other approval that is
needed for a project, as determined by a cooper-
ating agency.
‘‘(4) ISSUE RESOLUTION.—On identification of a
major issue of concern under paragraph (3), or at
any time upon the request of a project sponsor or the
Governor of a State, the lead agency shall promptly
convene a meeting with representatives of each of the
relevant cooperating agencies, the project sponsor, and
the Governor to address and resolve the issue.
‘‘(5) NOTIFICATION.—If a resolution of a major
issue of concern under paragraph (4) cannot be
achieved by the date that is 30 days after the date on
which a meeting under that paragraph is convened,
the lead agency shall provide notification of the fail-
ure to resolve the major issue of concern to—
‘‘(A) the heads of all cooperating agencies;
‘‘(B) the project sponsor;
‘‘(C) the Governor involved;
‘‘(D) the Committee on Environment and
Public Works of the Senate;
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‘‘(E) the Committee on Transportation and
Infrastructure of the House of Representatives;
and
‘‘(F) the Council on Environmental Qual-
ity.
‘‘(i) PERFORMANCE MEASUREMENT.—
‘‘(1) PROGRESS REPORTS.—The Secretary shall
establish a program to measure and report on
progress toward improving and expediting the plan-
ning and environmental review process.
‘‘(2) MINIMUM
REQUIREMENTS.—The program
shall include, at a minimum—
‘‘(A) the establishment of criteria for meas-
uring consideration of—
‘‘(i) State and metropolitan planning,
project planning, and design criteria; and
‘‘(ii) environmental processing times
and costs;
‘‘(B) the collection of data to assess perform-
ance based on the established criteria; and
‘‘(C) the annual reporting of the results of
the performance measurement studies.
‘‘(3) INVOLVEMENT OF THE PUBLIC AND COOPER-
ATING AGENCIES.—
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‘‘(A) IN GENERAL.—The Secretary shall bi-
ennially conduct a survey of agencies partici-
pating in the environmental review process
under this section to assess the expectations and
experiences of each surveyed agency with regard
to the planning and environmental review proc-
ess for projects reviewed under this section.
‘‘(B) 
PUBLIC
PARTICIPATION.—In 
con-
ducting the survey, the Secretary shall solicit
comments from the public.
‘‘(j) ASSISTANCE TO AFFECTED FEDERAL AND STATE
AGENCIES.—
‘‘(1) IN GENERAL.—The Secretary may approve
a request by a State or recipient to provide funds
made available under this title for a highway project,
or made available under chapter 53 of title 49 for a
mass transit project, to agencies participating in the
coordinated environmental review process established
under this section in order to provide the resources
necessary to meet any time limits established under
this section.
‘‘(2) AMOUNTS.—Such requests under paragraph
(1) shall be approved only—
‘‘(A) for such additional amounts as the
Secretary determines are necessary for the af-
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fected Federal and State agencies to meet the
time limits for environmental review; and
‘‘(B) if those time limits are less than the
customary time necessary for that review.
‘‘(k) JUDICIAL REVIEW AND SAVINGS CLAUSE.—
‘‘(1) JUDICIAL REVIEW.—Nothing in this section
shall affect the reviewability of any final Federal
agency action in any United States district court or
State court.
‘‘(2) SAVINGS CLAUSE.—Nothing in this section
shall affect—
‘‘(A) the applicability of the National Envi-
ronmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.) or any other Federal environmental statute;
or
‘‘(B) the responsibility of any Federal offi-
cer to comply with or enforce such a statute.’’.
(b) CONFORMING AMENDMENTS.—
(1) The analysis for chapter 3 of title 23, United
States Code, is amended by inserting after the item
relating to section 325 (as added by section 1203(f))
the following:
‘‘326. Transportation project development process.’’.
(2) Section 1309 of the Transportation Equity
Act for the 21st Century (112 Stat. 232) is repealed.
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(c) EXISTING ENVIRONMENTAL REVIEW PROCESS.—
Nothing in this section affects any existing State environ-
mental review process, program, agreement, or funding ar-
rangement approved by the Secretary under section 1309
of the Transportation Equity Act for the 21st Century (112
Stat. 232; 23 U.S.C. 109 note).
SEC. 1512. ASSUMPTION OF RESPONSIBILITY FOR CAT-
EGORICAL EXCLUSIONS.
(a) IN GENERAL.—Chapter 3 of title 23, United States
Code (as amended by section 1511(a)), is amended by in-
serting after section 326 the following:
‘‘§ 327. Assumption of responsibility for categorical ex-
clusions
‘‘(a) CATEGORICAL EXCLUSION DETERMINATIONS.—
‘‘(1) IN GENERAL.—The Secretary may assign,
and a State may assume, responsibility for deter-
mining whether certain designated activities are in-
cluded within classes of action identified in regula-
tion by the Secretary that are categorically excluded
from requirements for environmental assessments or
environmental impact statements pursuant to regula-
tions promulgated by the Council on Environmental
Quality under part 1500 of title 40, Code of Federal
Regulations (as in effect on October 1, 2003).