894
portation improvement program can be imple-
mented, indicates resources from public and pri-
vate sources that are reasonably expected to be 
made available to carry out the transportation 
improvement program, and recommends any ad-
ditional financing strategies for needed projects 
and programs. The financial plan may include, 
for illustrative purposes, additional projects that 
would be included in the adopted transportation 
plan if reasonable additional resources beyond 
those identified in the financial plan were avail-
able. 
‘‘(F) SELECTION OF PROJECTS FROM ILLUS-
TRATIVE LIST.—
‘‘(i) NO REQUIRED SELECTION.—Not-
withstanding subparagraph (E), a State 
shall not be required to select any project 
from the illustrative list of additional 
projects included in the financial plan 
under subparagraph (E). 
‘‘(ii) REQUIRED ACTION BY THE SEC-
RETARY.—Action by the Secretary shall be 
required for a State to select any project 
from the illustrative list of additional 
projects included in the financial plan
895
under subparagraph (E) for inclusion in an 
approved transportation improvement pro-
gram. 
‘‘(G) PRIORITIES.—The transportation im-
provement program shall reflect the priorities for 
programming and expenditures of funds, includ-
ing transportation enhancement activities, re-
quired by title 23 and chapter 53. 
‘‘(H) PRIORITIZATION OF CONGESTION RE-
LIEF ACTIVITIES.—The transportation improve-
ment program shall reflect the priorities for con-
gestion relief activities included in the metropoli-
tan transportation plan to meet the requirements 
of section 139 of title 23. 
‘‘(5) PROJECT SELECTION FOR AREAS OF LESS 
THAN
50,000
POPULATION.—Projects carried out in 
areas with populations of less than 50,000 individ-
uals shall be selected, from the approved transpor-
tation improvement program (excluding projects car-
ried out on the National Highway System and 
projects carried out under the bridge program or the 
Interstate maintenance program under title 23 or sec-
tions 5310, 5311, 5316, and 5317), by the State in co-
operation with the affected nonmetropolitan local offi-
cials with responsibility for transportation. Projects
896
carried out in areas with populations of less than 
50,000 individuals on the National Highway System 
or under the bridge program or the Interstate mainte-
nance program under title 23 or under sections 5310, 
5311, 5316, and 5317 shall be selected, from the ap-
proved statewide transportation improvement pro-
gram, by the State in consultation with the affected 
nonmetropolitan local officials with responsibility for 
transportation. 
‘‘(6) TRANSPORTATION IMPROVEMENT PROGRAM 
APPROVAL.—Every 4 years, a transportation im-
provement program developed under this subsection 
shall be reviewed and approved by the Secretary if 
based on a current planning finding. 
‘‘(7) PLANNING
FINDING.—A finding shall be 
made by the Secretary at least every 4 years that the 
transportation planning process through which state-
wide transportation plans and programs are devel-
oped is consistent with this section and section 5213. 
‘‘(8) MODIFICATIONS TO PROJECT PRIORITY.—
Notwithstanding any other provision of law, action 
by the Secretary shall not be required to advance a 
project included in the approved transportation im-
provement program in place of another project in the 
program.
897
‘‘(h) FUNDING.—
‘‘(1) SET-ASIDE.—Funds set aside pursuant to 
section 104(i) of title 23 shall be available to carry 
out this section. 
‘‘(2) OTHER FUNDING.—Funds made available 
under section 5338(c) shall be available to carry out 
this section. 
‘‘(i) TREATMENT OF CERTAIN STATE LAWS AS CON-
GESTION MANAGEMENT PROCESSES.—For purposes of this 
section and section 5213, State laws, rules, or regulations 
pertaining to congestion management systems or programs 
may constitute the congestion management process under 
section 5213(i)(3) if the Secretary finds that the State laws, 
rules, or regulations are consistent with, and fulfill the in-
tent of, the purposes of section 5213, as appropriate. 
‘‘(j) CONTINUATION
OF
CURRENT
REVIEW
PRAC-
TICE.—Since the statewide transportation plan and the 
transportation improvement program described in this sec-
tion are subject to a reasonable opportunity for public com-
ment, since individual projects included in the statewide 
transportation plans and the transportation improvement 
program are subject to review under the National Environ-
mental Policy Act of 1969 (42 U.S.C. 4321 et seq.), and 
since decisions by the Secretary concerning statewide trans-
portation plans or the transportation improvement pro-
898
gram described in this section have not been reviewed under 
such Act as of January 1, 1997, any decision by the Sec-
retary concerning a metropolitan or statewide transpor-
tation plan or the transportation improvement program de-
scribed in this section shall not be considered to be a Federal 
action subject to review under such Act.’’. 
(b) CONFORMING AMENDMENT.—The analysis for such 
subtitle is amended by inserting the following after the item 
relating to chapter 51:
‘‘52. Transportation planning and project delivery. ....................................
5201’’.
SEC. 6002. EFFICIENT ENVIRONMENTAL REVIEWS FOR 
PROJECT DECISIONMAKING. 
(a) POLICY AND PURPOSE.—
(1) POLICY.—The Enlibra principles, as ini-
tially developed by the Western Governors Association 
and adopted by the National Governors Association, 
represent a sound basis for interaction among the 
Federal, State, local governments, and Indian tribes 
on environmental matters and should be followed in 
the development of highway construction and public 
transit improvements. These principles are as follows: 
(A) Assign responsibilities at the right level. 
(B) Use collaborative processes to break 
down barriers and find solutions. 
(C) Move to a performance-based system.
899
(D) Separate subjective choices from objec-
tive data gathering. 
(E) Pursue economic incentives whenever 
appropriate. 
(F) Ensure environmental understanding. 
(G) Make sure environmental decisions are 
fully informed. 
(H) Use appropriate geographic boundaries 
for environmental problems. 
(2) PURPOSE.—The purpose of this section is to 
reduce delays in the delivery of highway construction 
and public transportation capital projects arising 
from the environmental review process, while con-
tinuing to ensure the protection of the human and 
natural environment. 
(b) PROJECT DEVELOPMENT PROCEDURES.—Chapter 
52 of title 49, United States Code, as added by section 
6001(a) of this Act, is amended by adding at the end the 
following: 
‘‘SUBCHAPTER C—EFFICIENT ENVIRONMENTAL 
REVIEWS FOR PROJECT DECISIONMAKING 
‘‘§ 5251. Definitions and applicability 
‘‘(a) DEFINITIONS.—In this section, the following defi-
nitions apply:
900
‘‘(1) AGENCY.—The term ‘agency’ means any 
agency, department, or other unit of Federal, State, 
local, or Indian tribal government. 
‘‘(2) ENVIRONMENTAL IMPACT STATEMENT.—The 
term ‘environmental impact statement’ means the de-
tailed statement of environmental impacts required to 
be prepared under the National Environmental Pol-
icy Act of 1969 (42 U.S.C. 4321 et seq.). 
‘‘(3) ENVIRONMENTAL REVIEW PROCESS.—
‘‘(A) IN
GENERAL.—The term ‘environ-
mental review process’ means the process for pre-
paring for a project an environmental impact 
statement, environmental assessment, categorical 
exclusion, or other document prepared under the 
National Environmental Policy Act of 1969 (42 
U.S.C. 4321 et seq.). 
‘‘(B) INCLUSIONS.—The term 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) LEAD
AGENCY.—The term ‘lead agency’ 
means the Department of Transportation and, if ap-
901
plicable, any State or local governmental entity serv-
ing as a joint lead agency pursuant to this section. 
‘‘(5) 
MULTIMODAL
PROJECT.—The 
term 
‘multimodal project’ means a project funded, in whole 
or in part, under title 23 or chapter 53 and involving 
the participation of more than one Department of 
Transportation administration or agency. 
‘‘(6) PROJECT.—The term ‘project’ means any 
highway 
project, 
public 
transportation 
capital 
project, or multimodal project that requires the ap-
proval of the Secretary. 
‘‘(7) PROJECT
SPONSOR.—The term ‘project 
sponsor’ means the agency or other entity, including 
any private or public-private entity, that seeks ap-
proval of the Secretary for a project. 
‘‘(8) STATE
TRANSPORTATION
DEPARTMENT.—
The term ‘State transportation department’ means 
any statewide agency of a State with responsibility 
for one or more modes of transportation. 
‘‘(b) APPLICABILITY.—This subchapter is applicable to 
all projects for which an environmental impact statement 
is prepared under the National Environmental Policy Act 
of 1969 (42 U.S.C. 4321 et seq.). This subchapter may be 
applied, to the extent determined appropriate by the Sec-
retary, to other projects for which an environmental docu-
902
ment is prepared pursuant to such Act. Any authorities 
granted in this subchapter may be exercised for a project, 
class of projects, or program of projects. 
‘‘§ 5252. Project development procedures 
‘‘(a) LEAD AGENCIES.—
‘‘(1) FEDERAL LEAD AGENCY.—The Department 
of Transportation shall be the Federal lead agency in 
the environmental review process for a project. 
‘‘(2) PROJECT SPONSOR AS JOINT LEAD AGEN-
CY.—Any project sponsor that is a State or local gov-
ernmental entity receiving funds under title 23 or 
chapter 53 for the project shall serve as a joint lead 
agency with the Department for purposes of pre-
paring any environmental document under the Na-
tional Environmental Policy Act of 1969 (42 U.S.C. 
4321 et seq.) and may prepare any such environ-
mental document required in support of any action or 
approval by the Secretary if the Federal lead agency 
furnishes guidance in such preparation and inde-
pendently evaluates such document and the document 
is approved and adopted by the Secretary prior to the 
Secretary taking any subsequent action or making 
any approval based on such document, whether or not 
the Secretary’s action or approval results in Federal 
funding.
903
‘‘(3) ENSURING
COMPLIANCE.—The Secretary 
shall ensure that the project sponsor complies with all 
design and mitigation commitments made jointly by 
the Secretary and the project sponsor in any environ-
mental document prepared by the project sponsor in 
accordance with this subsection and that such docu-
ment is appropriately supplemented if project changes 
become necessary. 
‘‘(4) ADOPTION AND USE OF DOCUMENTS.—Any 
environmental document prepared in accordance with 
this subsection may be adopted or used by any Fed-
eral agency making any approval to the same extent 
that such Federal agency could adopt or use a docu-
ment prepared by another Federal agency. 
‘‘(b) PARTICIPATING AGENCIES.—
‘‘(1) IN GENERAL.—The lead agency shall be re-
sponsible for inviting and designating participating 
agencies in accordance with this subsection. 
‘‘(2) INVITATION.—The lead agency shall iden-
tify, as early as practicable in the environmental re-
view process for a project, any other Federal and non-
Federal agencies that may have an interest in the 
project, and shall invite such agencies to become par-
ticipating agencies in the environmental review proc-
ess for the project. The invitation shall set a deadline
904
for responses to be submitted. The deadline may be ex-
tended by the lead agency for good cause. 
‘‘(3) FEDERAL PARTICIPATING AGENCIES.—Any 
Federal agency that is invited by the lead agency to 
participate in the environmental review process for a 
project shall be designated as a participating 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 participating agency under this subsection shall not 
imply that the participating agency—
‘‘(A) supports a proposed project; or 
‘‘(B) has any jurisdiction over, or special 
expertise with respect to evaluation of, the 
project. 
‘‘(5) COOPERATING
AGENCY.—A participating 
agency may also be designated by a lead agency as 
a ‘cooperating agency’ under the regulations con-