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‘‘(m) REGULATIONS.— 
‘‘(1) IN GENERAL.—Not later than 1 year after 
the date of enactment of the Surface Transportation 
Extension Act of 2012, Part II, the Secretary, by 
regulation, shall— 
‘‘(A) implement this section; and 
‘‘(B) establish methodologies and proce-
dures for evaluating the environmental impacts, 
including cumulative impacts and growth-induc-
ing impacts, of transportation projects subject 
to this section. 
‘‘(2) COMPLIANCE
WITH
APPLICABLE
LAW.— 
Any environmental document that utilizes the meth-
odologies and procedures established under this sub-
section shall be deemed to comply with the applica-
ble requirements of— 
‘‘(A) the National Environmental Policy 
Act of 1969 (42 U.S.C. 4321 et seq.) or its im-
plementing regulations; or 
‘‘(B) any other Federal environmental 
statute applicable to transportation projects.’’. 
SEC. 610. DISPOSAL OF HISTORIC PROPERTIES. 
(a) DISPOSAL OF HISTORIC PROPERTIES.—Section 
156 is amended— 
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(1) by striking the section heading and insert-
ing ‘‘Sale or lease of real property’’; and 
(2) by adding at the end the following: 
‘‘(d) ASSESSMENT OF ADVERSE EFFECTS.—Notwith-
standing part 800 of title 36, Code of Federal Regula-
tions, the sale or lease by a State of any historic property 
that is not listed in the National Register of Historic 
Places shall not be considered an adverse effect to the 
property within any consultation process carried out under 
section 106 of the National Historic Preservation Act (16 
U.S.C. 470f).’’. 
(b) CLERICAL AMENDMENT.—The analysis for chap-
ter 1 is amended by striking the item relating to section 
156 and inserting the following: 
‘‘156. Sale or lease of real property.’’. 
SEC. 611. INTEGRATION OF PLANNING AND ENVIRON-
MENTAL REVIEW. 
(a) IN GENERAL.—Chapter 1 is amended by adding 
at the end the following: 
‘‘§ 167. Integration of planning and environmental re-
view 
‘‘(a) DEFINITIONS.—In this section, the following 
definitions apply: 
‘‘(1) ENVIRONMENTAL REVIEW PROCESS.— 
‘‘(A) IN
GENERAL.—The term ‘environ-
mental review process’ means the process for 
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preparing for a project an environmental impact 
statement, environmental assessment, categor-
ical exclusion, or other document 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.). 
‘‘(2) PLANNING PRODUCT.—The term ‘planning 
product’ means any decision, analysis, study, or 
other documented result of an evaluation or deci-
sionmaking process carried out during transpor-
tation planning. 
‘‘(3) PROJECT.—The term ‘project’ means any 
highway project or program of projects, public trans-
portation capital project or program of projects, or 
multimodal project or program of projects that re-
quires the approval of the Secretary. 
‘‘(4) PROJECT
SPONSOR.—The term ‘project 
sponsor’ means the agency or other entity, including 
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any private or public-private entity, that seeks ap-
proval of the Secretary for a project. 
‘‘(b) PURPOSE AND FINDINGS.— 
‘‘(1) PURPOSE.—The purpose of this section is 
to establish the authority and provide procedures for 
achieving integrated planning and environmental re-
view processes to— 
‘‘(A) enable statewide and metropolitan 
planning processes to more effectively serve as 
the foundation for project decisions; 
‘‘(B) foster better decisionmaking; 
‘‘(C) reduce duplication in work; 
‘‘(D) avoid delays in transportation im-
provements; and 
‘‘(E) better transportation and environ-
mental results for communities and the United 
States. 
‘‘(2) FINDINGS.—Congress finds the following: 
‘‘(A) This section is consistent with and is 
adopted in furtherance of sections 101 and 102 
of the National Environmental Policy Act of 
1969 (42 U.S.C. 4331 and 4332) and section 
109 of this title. 
‘‘(B) This section should be broadly con-
strued and may be applied to any project, class 
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of projects, or program of projects carried out 
under this title or chapter 53 of title 49. 
‘‘(c) ADOPTION OF PLANNING PRODUCTS FOR USE 
IN NEPA PROCEEDINGS.— 
‘‘(1) IN GENERAL.—Notwithstanding any other 
provision of law and subject to the conditions set 
forth in subsection (e), the Federal lead agency for 
a project, at the request of the project sponsors, may 
adopt and use a planning product in proceedings re-
lating to any class of action in the environmental re-
view process of the project. 
‘‘(2) PARTIAL ADOPTION OF PLANNING PROD-
UCTS.—The Federal lead agency may adopt a plan-
ning product under paragraph (1) in its entirety or 
may select portions for adoption. 
‘‘(3) TIMING.—A determination under para-
graph (1) with respect to the adoption of a planning 
product shall be made at the time the lead agencies 
decide the appropriate scope of environmental review 
for the project. 
‘‘(d) APPLICABILITY.— 
‘‘(1) PLANNING
DECISIONS.—Planning deci-
sions that may be adopted pursuant to this section 
include— 
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‘‘(A) a purpose and need or goals and ob-
jectives statement for the project, including 
with respect to whether tolling, private financial 
assistance, or other special financial measures 
are necessary to implement the project; 
‘‘(B) a decision with respect to travel cor-
ridor location, including project termini; 
‘‘(C) a decision with respect to modal 
choice, including a decision to implement cor-
ridor or subarea study recommendations to ad-
vance different modal solutions as separate 
projects with independent utility; 
‘‘(D) a decision with respect to the elimi-
nation of unreasonable alternatives and the se-
lection of the range of reasonable alternatives 
for detailed study during the environmental re-
view process; 
‘‘(E) a basic description of the environ-
mental setting; 
‘‘(F) a decision with respect to methodolo-
gies for analysis; and 
‘‘(G) identifications of programmatic level 
mitigation for potential impacts that the Fed-
eral lead agency, in consultation with Federal, 
State, local, and tribal resource agencies, deter-
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resources, identified as a result of a statewide 
or regional cumulative effects assessment; and 
‘‘(H) mitigation needs for a proposed ac-
tion, or for programmatic level mitigation, for 
potential effects that the Federal lead agency 
determines are most effectively addressed at a 
regional or national program level. 
‘‘(e) CONDITIONS.—Adoption and use of a planning 
product under this section is subject to a determination 
by the Federal lead agency, in consultation with joint lead 
agencies and project sponsors as appropriate, that the fol-
lowing conditions have been met: 
‘‘(1) The planning product was developed 
through a planning process conducted pursuant to 
applicable Federal law. 
‘‘(2) The planning process included broad mul-
tidisciplinary consideration of systems-level or cor-
ridor-wide transportation needs and potential effects. 
‘‘(3) During the planning process, notice was 
provided through publication or other means to Fed-
eral, State, and local government agencies and tribal 
governments that might have an interest in the pro-
posed project, and to members of the general public, 
of the planning products that the planning process 
might produce and that might be relied on during 
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the environmental review process, and such entities 
have been provided an appropriate opportunity to 
participate in the planning process leading to such 
planning product. 
‘‘(4) Prior to determining the scope of environ-
mental review for the project, the joint lead agencies 
have made documentation relating to the planning 
product available to Federal, State, and local gov-
ernmental agencies and tribal governments that may 
have an interest in the proposed action, and to mem-
bers of the general public. 
‘‘(5) There is no significant new information or 
new circumstance that has a reasonable likelihood of 
affecting the continued validity or appropriateness of 
the planning product. 
‘‘(6) The planning product is based on reliable 
and reasonably current data and reasonable and sci-
entifically acceptable methodologies. 
‘‘(7) The planning product is documented in 
sufficient detail to support the decision or the re-
sults of the analysis and to meet requirements for 
use of the information in the environmental review 
process. 
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‘‘(8) The planning product is appropriate for 
adoption and use in the environmental review proc-
ess for the project. 
‘‘(f) EFFECT OF ADOPTION.—Notwithstanding any 
other provision of law, any planning product adopted by 
the Federal lead agency in accordance with this section 
shall not be reconsidered or made the subject of additional 
interagency consultation during the environmental review 
process of the project unless the Federal lead agency, in 
consultation with joint lead agencies and project sponsors 
as appropriate, determines that there is significant new 
information or new circumstances that affect the contin-
ued validity or appropriateness of the adopted planning 
product. Any planning product adopted by the Federal 
lead agency in accordance with this section may be relied 
upon and used by other Federal agencies in carrying out 
reviews of the project. 
‘‘(g) RULE OF CONSTRUCTION.—This section may 
not be construed to make the National Environmental Pol-
icy Act of 1969 (42 U.S.C. 4321 et seq.) process applica-
ble to the transportation planning process conducted 
under chapter 52 of title 49. Initiation of the National 
Environmental Policy Act of 1969 process as a part of, 
or concurrently with, transportation planning activities 
does not subject transportation plans and programs to the 
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National Environmental Policy Act of 1969 process. This 
section may not be construed to affect the use of planning 
products in the National Environmental Policy Act of 
1969 process pursuant to other authorities under law or 
to restrict the initiation of the National Environmental 
Policy Act of 1969 process during planning.’’. 
(b) CLERICAL AMENDMENT.—The analysis for such 
chapter is amended by adding at end the following: 
‘‘167. Integration of planning and environmental review.’’. 
SEC. 612. DEVELOPMENT OF PROGRAMMATIC MITIGATION 
PLANS. 
(a) IN GENERAL.—Chapter 1 (as amended by this 
title) is further amended by adding at the end the fol-
lowing: 
‘‘§ 168. Development of programmatic mitigation 
plans 
‘‘(a) IN GENERAL.—As part of the statewide or met-
ropolitan transportation planning process, a State or met-
ropolitan planning organization may develop one or more 
programmatic mitigation plans to address the potential 
environmental impacts of future transportation projects. 
‘‘(b) SCOPE.— 
‘‘(1) SCALE.—A programmatic mitigation plan 
may be developed on a regional, ecosystem, water-
shed, or statewide scale. 
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‘‘(2) RESOURCES.—The plan may encompass 
multiple environmental resources within a defined 
geographic area or may focus on a specific resource, 
such as aquatic resources, parklands, or wildlife 
habitat. 
‘‘(3) PROJECT
IMPACTS.—The plan may ad-
dress impacts from all projects in a defined geo-
graphic area or may focus on a specific type of 
project, such as bridge replacements. 
‘‘(4) CONSULTATION.—The scope of the plan 
shall be determined by the State or metropolitan 
planning organization, as appropriate, in consulta-
tion with the agency or agencies with jurisdiction 
over the resources being addressed in the mitigation 
plan. 
‘‘(c) CONTENTS.—A programmatic mitigation plan 
may include— 
‘‘(1) an assessment of the condition of environ-
mental resources in the geographic area covered by 
the plan, including an assessment of recent trends 
and any potential threats to those resources; 
‘‘(2) an assessment of potential opportunities to 
improve the overall quality of environmental re-
sources in the geographic area covered by the plan, 
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through strategic mitigation for impacts of transpor-
tation projects; 
‘‘(3) standard measures for mitigating certain 
types of impacts; 
‘‘(4) parameters for determining appropriate 
mitigation for certain types of impacts, such as miti-
gation ratios or criteria for determining appropriate 
mitigation sites; 
‘‘(5) adaptive management procedures, such as 
protocols that involve monitoring predicted impacts 
over time and adjusting mitigation measures in re-
sponse to information gathered through the moni-
toring; and 
‘‘(6) acknowledgment of specific statutory or 
regulatory requirements that must be satisfied when 
determining appropriate mitigation for certain types 
of resources. 
‘‘(d) PROCESS.—Before adopting a programmatic 
mitigation plan, a State or metropolitan planning organi-
zation shall— 
‘‘(1) consult with the agency or agencies with 
jurisdiction over the environmental resources consid-
ered in the programmatic mitigation plan; 
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‘‘(2) make a draft of the plan available for re-
view and comment by applicable environmental re-
source agencies and the public; 
‘‘(3) consider any comments received from such 
agencies and the public on the draft plan; and 
‘‘(4) address such comments in the final plan. 
‘‘(e) INTEGRATION WITH OTHER PLANS.—A pro-
grammatic mitigation plan may be integrated with other 
plans, including watershed plans, ecosystem plans, species 
recovery plans, growth management plans, and land use 
plans. 
‘‘(f) CONSIDERATION
IN PROJECT DEVELOPMENT 
AND PERMITTING.—If a programmatic mitigation plan 
has been developed pursuant to this section, any Federal 
agency responsible for environmental reviews, permits, or 
approvals for a transportation project shall give substan-
tial weight to the recommendations in a programmatic 
mitigation plan when carrying out their responsibilities 
under applicable laws. 
‘‘(g) PRESERVATION OF EXISTING AUTHORITIES.— 
Nothing in this section limits the use of programmatic ap-
proaches to reviews under the National Environmental 
Policy Act of 1969 (42 U.S.C. 4321 et seq.).’’. 
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(b) CLERICAL AMENDMENT.—The analysis for such 
chapter (as amended by this title) is further amended by 
adding at the end the following: 
‘‘168. Development of programmatic mitigation plans.’’. 
SEC. 613. STATE ASSUMPTION OF RESPONSIBILITY FOR 
CATEGORICAL EXCLUSIONS. 
Section 326(a) is amended— 
(1) in paragraph (2) by striking ‘‘and only for 
types of activities specifically designated by the Sec-
retary’’ and inserting ‘‘and for any type of activity 
for which a categorical exclusion classification is ap-
propriate’’; and 
(2) by adding at the end the following: 
‘‘(4) PRESERVATION
OF
FLEXIBILITY.—The 
Secretary shall not require a State, as a condition of 
assuming responsibility under this section, to forego 
project delivery methods that are otherwise permis-
sible for highway projects.’’. 
SEC. 614. SURFACE TRANSPORTATION PROJECT DELIVERY 
PROGRAM. 
(a) PROGRAM NAME.—Section 327 is amended— 
(1) in the section heading by striking ‘‘pilot’’; 
and 
(2) in subsection (a)(1) by striking ‘‘pilot’’. 
(b) 
ASSUMPTION
OF
RESPONSIBILITY.—Section 
327(a)(2) is amended— 
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(1) in subparagraph (A) by striking ‘‘highway’’; 
(2) in subparagraph (B) by striking clause (ii) 
and inserting the following: 
‘‘(ii) the Secretary may not assign any 
responsibility imposed on the Secretary by 
section 134 or 135 or section 5303 or 
5304 of title 49.’’; and 
(3) by adding at the end the following: 
‘‘(F) PRESERVATION
OF
FLEXIBILITY.— 
The Secretary may not require a State, as a 
condition of participation in the program, to 
forego project delivery methods that are other-
wise permissible for projects.’’. 
(c) STATE
PARTICIPATION.—Section 327(b) is 
amended— 
(1) by amending paragraph (1) to read as fol-
lows: 
‘‘(1) PARTICIPATING
STATES.—All States are 
eligible to participate in the program.’’; and 
(2) in paragraph (2) by striking ‘‘this section, 
the Secretary shall promulgate’’ and inserting 
‘‘amendments to this section by the Surface Trans-
portation Extension Act of 2012, Part II, the Sec-
retary shall amend, as appropriate,’’. 
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(d) WRITTEN
AGREEMENT.—Section 327(c) is 
amended— 
(1) in paragraph (3)(D) by striking the period 
at the end and inserting a semicolon; and 
(2) by adding at the end the following: 
‘‘(4) have a term of not more than 5 years; and 
‘‘(5) be renewable.’’. 
(e) CONFORMING AMENDMENT.—Section 327(e) is 
amended by striking ‘‘subsection (i)’’ and inserting ‘‘sub-
section (j)’’. 
(f) AUDITS.—Section 327(g)(1)(B) is amended by 
striking ‘‘subsequent year’’ and inserting ‘‘of the third and 
fourth years’’. 
(g) MONITORING.—Section 327 is further amended— 
(1) by redesignating subsections (h) and (i) as 
subsections (i) and (j), respectively; and 
(2) by inserting after subsection (g) the fol-
lowing: 
‘‘(h) MONITORING.—After the fourth year of the par-
ticipation of a State in the program, the Secretary shall 
monitor compliance by the State with the written agree-
ment, including the provision by the State of financial re-
sources to carry out the written agreement.’’. 
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(h) TERMINATION.—Section 327(j) (as redesignated 
by subsection (g)(1) of this section) is amended to read 
as follows: 
‘‘(j) TERMINATION.—The Secretary may terminate 
the participation of any State in the program if— 
‘‘(1) the Secretary determines that the State is 
not adequately carrying out the responsibilities as-
signed to the State; 
‘‘(2) the Secretary provides to the State— 
‘‘(A) notification of the determination of 
noncompliance; and 
‘‘(B) a period of at least 30 days during 
which to take such corrective action as the Sec-
retary determines is necessary to comply with 
the applicable agreement; and 
‘‘(3) the State, after the notification and period 
provided under paragraph (2), fails to take satisfac-
tory corrective action, as determined by the Sec-
retary.’’. 
(i) DEFINITIONS.—Section 327 is amended by adding 
at the end the following: 
‘‘(k) DEFINITIONS.—In this section, the following 
definitions apply: 
‘‘(1) 
MULTIMODAL
PROJECT.—The 
term 
‘multimodal project’ means a project funded, in 
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whole or in part, under this title or chapter 53 of 
title 49 and involving the participation of more than 
one Department of Transportation administration or 
agency. 
‘‘(2) PROJECT.—The term ‘project’ means any 
highway 
project, 
public 
transportation 
capital 
project, or multimodal project that requires the ap-
proval of the Secretary.’’. 
(j) CLERICAL AMENDMENT.—The analysis for chap-
ter 3 is amended by striking the item relating to section 
327 and inserting the following: 
‘‘327. Surface transportation project delivery program.’’. 
SEC. 615. PROGRAM FOR ELIMINATING DUPLICATION OF 
ENVIRONMENTAL REVIEWS. 
(a) IN GENERAL.—Chapter 3 is amended by adding 
at the end the following: 
‘‘§ 330. Program for eliminating duplication of envi-
ronmental reviews 
‘‘(a) ESTABLISHMENT.— 
‘‘(1) IN GENERAL.—The Secretary shall estab-
lish a program to eliminate duplicative environ-
mental reviews and approvals under State and Fed-
eral law of projects. Under this program, a State 
may use State laws and procedures to conduct re-
views and make approvals in lieu of Federal environ-
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‘‘(3) transmit to the State notice of the ap-
proval or disapproval, together with a statement of 
the reasons for the approval or disapproval. 
‘‘(d) APPROVAL OF STATE PROGRAMS.— 
‘‘(1) IN
GENERAL.—The Secretary shall ap-
prove each such application if the Secretary finds 
that the proposed alternative environmental review 
and approval procedures of the State are substan-
tially equivalent to the applicable Federal environ-
mental laws and Federal regulations. 
‘‘(2) 
EXCLUSION.—The 
National 
Environ-
mental Policy Act of 1969 (42 U.S.C. 4321 et seq.) 
and the Endangered Species Act of 1973 (16 U.S.C. 
1531 et seq.) shall not apply to any decision by the 
Secretary to approve or disapprove any application 
submitted pursuant to this section. 
‘‘(e) COMPLIANCE WITH PERMITS.—Compliance with 
a permit or other approval of a project issued pursuant 
to a program approved by the Secretary under this section 
shall be deemed compliance with the Federal laws and reg-
ulations identified in the program approved by the Sec-
retary pursuant to this section. 
‘‘(f) REVIEW AND TERMINATION.— 
‘‘(1) REVIEW.—All State alternative environ-
mental review and approval procedures approved 
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under this section shall be reviewed by the Secretary 
not less than once every 5 years. 
‘‘(2) PUBLIC NOTICE AND COMMENT.—In con-
ducting the review process under paragraph (1), the 
Secretary shall provide notice and an opportunity for 
public comment. 
‘‘(3) EXTENSIONS AND TERMINATIONS.—At the 
conclusion of the review process, the Secretary may 
extend the State alternative environmental review 
and approval procedures for an additional 5-year pe-
riod or terminate the State program. 
‘‘(g) REPORT TO CONGRESS.—Not later than 2 years 
after the date of enactment of this section and annually 
thereafter, the Secretary shall submit to Congress a report 
that describes the administration of the program. 
‘‘(h) DEFINITIONS.—For purposes of this section: 
‘‘(1) ENVIRONMENTAL LAW.—The term ‘envi-
ronmental law’ includes any law that provides proce-
dural or substantive protection, as applicable, for the 
natural or built environment with regard to the con-
struction and operation of projects. 
‘‘(2) FEDERAL
ENVIRONMENTAL
LAWS.—The 
term ‘Federal environmental laws’ means laws gov-
erning the review of environmental impacts of, and 
issuance of permits and other approvals for, the con-
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struction and operation of projects, including section 
102(2)(C) of the National Environmental Policy Act 
of 1969 (42 U.S.C. 4332(2)(C)), section 404 of the 
Federal Water Pollution Control Act (33 U.S.C. 
1344), section 106 of the National Historic Preser-
vation Act (16 U.S.C. 470f), and sections 7(a)(2), 
9(a)(1)(B), and 10(a)(1)(B) of the Endangered Spe-
cies 
Act 
of 
1973 
(16 
U.S.C. 
1536(a)(2), 
1538(a)(1)(B), 1539(a)(1)(B)). 
‘‘(3) 
MULTIMODAL
PROJECT.—The 
term 
‘multimodal project’ means a project funded, in 
whole or in part, under this title or chapter 53 of 
title 49 and involving the participation of more than 
one Department of Transportation administration or 
agency. 
‘‘(4) PROJECT.—The term ‘project’ means any 
highway 
project, 
public 
transportation 
capital 
project, or multimodal project that requires the ap-
proval of the Secretary.’’. 
(b) CLERICAL AMENDMENT.—The analysis for such 
chapter (as amended by title I of this Act) is further 
amended by adding at the end the following: 
‘‘330. Program for eliminating duplication of environmental reviews.’’. 
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SEC. 616. STATE PERFORMANCE OF LEGAL SUFFICIENCY 
REVIEWS. 
(a) IN GENERAL.—Chapter 3 (as amended by this 
title) is further amended by adding at the end the fol-
lowing: 
‘‘§ 331. State performance of legal sufficiency reviews 
‘‘(a) IN GENERAL.—At the request of any State 
transportation department, the Federal Highway Adminis-
tration shall enter into an agreement with the State trans-
portation department to authorize the State to carry out 
the legal sufficiency reviews for environmental impact 
statements and environmental assessments under the Na-
tional Environmental Policy Act of 1969 (42 U.S.C. 4321 
et seq.) in accordance with this section. 
‘‘(b) TERMS OF AGREEMENT.—An agreement au-
thorizing a State to carry out legal sufficiency reviews for 
Federal-aid highway projects shall contain the following 
provisions: 
‘‘(1) A finding by the Federal Highway Admin-
istration that the State has the capacity to carry out 
legal sufficiency reviews that are equivalent in qual-
ity and consistency to the reviews that would other-
wise be conducted by attorneys employed by such 
Administration. 
‘‘(2) An oversight process, including periodic re-
views conducted by attorneys employed by such Ad-
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ministration, to evaluate the quality of the legal suf-
ficiency reviews carried out by the State transpor-
tation department under the agreement. 
‘‘(3) A requirement for the State transportation 
department to submit a written finding of legal suf-
ficiency to the Federal Highway Administration con-
currently with the request by the State for Federal 
approval of the National Environmental Policy Act 
of 1969 (42 U.S.C. 4321 et seq.) document. 
‘‘(4) An opportunity for the Federal Highway 
Administration to conduct an additional legal suffi-
ciency review for any project, for not more than 30 
days, if considered necessary by the Federal High-
way Administration. 
‘‘(5) Procedures allowing either party to the 
agreement to terminate the agreement for any rea-
son with 30 days notice to the other party. 
‘‘(c) EFFECT OF AGREEMENT.—A legal sufficiency 
review carried out by a State transportation department 
under this section shall be deemed by the Federal High-
way Administration to satisfy the requirement for a legal 
sufficiency review in sections 771.125(b) and 774.7(d) of 
title 23, Code of Federal Regulations, or other applicable 
regulations issued by the Federal Highway Administra-
tion.’’. 
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(b) CLERICAL AMENDMENT.—The analysis for such 
chapter (as amended by this title) is further amended by 
adding at the end the following: 
‘‘331. State performance of legal sufficiency reviews.’’. 
SEC. 617. CATEGORICAL EXCLUSIONS. 
(a) IN GENERAL.—The Secretary shall treat an activ-
ity carried out under title 23, United States Code, or 
project within a right-of-way as a class of action categori-
cally excluded from the requirements relating to environ-
mental assessments or environmental impact statements 
under section 771.117(c) of title 23, Code of Federal Reg-
ulations. 
(b) DEFINITIONS.—In this section, the following defi-
nitions apply: 
(1) 
MULTIMODAL
PROJECT.—The 
term 
‘‘multimodal project’’ means a project funded, in 
whole or in part, under title 23, United States Code, 
or chapter 53 of title 49 of such Code and involving 
the participation of more than one Department of 
Transportation administration or agency. 
(2) PROJECT.—The term ‘‘project’’ means any 
highway 
project, 
public 
transportation 
capital 
project, or multimodal project that requires the ap-
proval of the Secretary. 
SEC. 618. ENVIRONMENTAL REVIEW PROCESS DEADLINE. 
(a) IN GENERAL.— 
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(1) DEADLINE.—Notwithstanding any other 
provision of law, the environmental review process 
for a project shall be completed not later than 270 
days after the date on which the notice of project 
initiation under section 139(e) of title 23, United 
States Code, is published in the Federal Register. 
(2) CONSEQUENCES OF MISSED DEADLINE.—If 
the environmental review process for a project is not 
completed in accordance with paragraph (1)— 
(A) the project shall be considered to have 
no significant impact to the human environment 
for purposes of the National Environmental 
Policy Act of 1969 (42 U.S.C. 4321 et seq.); 
and 
(B) that classification shall be considered 
to be a final agency action. 
(b) DEFINITIONS.—In this section, the following defi-
nitions apply: 
(1) ENVIRONMENTAL REVIEW PROCESS.— 
(A) IN
GENERAL.—The term ‘‘environ-
mental review process’’ means the process for 
preparing for a project an environmental impact 
statement, environmental assessment, categor-
ical exclusion, or other document prepared 
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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.). 
(2) LEAD AGENCY.—The term ‘‘lead agency’’ 
means the Department of Transportation and, if ap-
plicable, any State or local governmental entity serv-
ing as a joint lead agency pursuant to this section. 
(3) 
MULTIMODAL
PROJECT.—The 
term 
‘‘multimodal project’’ means a project funded, in 
whole or in part, under title 23, United States Code, 
or chapter 53 of title 49 of such Code and involving 
the participation of more than one Department of 
Transportation administration or agency. 
(4) PROJECT.—The term ‘‘project’’ means any 
highway 
project, 
public 
transportation 
capital 
project, or multimodal project that requires the ap-
proval of the Secretary. 
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SEC. 619. RELOCATION ASSISTANCE. 
(a) ALTERNATIVE RELOCATION PAYMENT PROC-
ESS.— 
(1) ESTABLISHMENT.—For the purpose of 
identifying improvements in the timeliness of pro-
viding relocation assistance to persons displaced as 
a result of Federal or federally-assisted programs 
and projects, the Secretary shall establish an alter-
native relocation payment process under which pay-
ments to displaced persons eligible for relocation as-
sistance pursuant to the Uniform Relocation Assist-
ance and Real Property Acquisition Policies Act of 
1970 (42 U.S.C. 4601 et seq.), are calculated based 
on reasonable estimates and paid in advance of the 
physical displacement of the displaced person. 
(2) PAYMENTS.— 
(A) TIMING OF PAYMENTS.—Relocation as-
sistance payments may be provided to the dis-
placed person at the same time as payments of 
just compensation for real property acquired for 
a program or project of the State. 
(B) COMBINED PAYMENT.—Payments for 
relocation and just compensation may be com-
bined into a single unallocated amount. 
(3) CONDITIONS FOR STATE USE OF ALTER-
NATIVE PROCESS.— 
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(A) IN GENERAL.—After public notice and 
an opportunity to comment, the Secretary shall 
adopt criteria for States to use the alternative 
relocation payment process established by the 
Secretary. 
(B) MEMORANDUM
OF
AGREEMENT.—In 
order to use the alternative relocation payment 
process, a State shall enter into a memorandum 
of agreement with the Secretary that includes 
provisions relating to— 
(i) the selection of projects or pro-
grams within the State to which the alter-
native relocation payment process will be 
applied; 
(ii) program and project-level moni-
toring; 
(iii) performance measurement; 
(iv) reporting requirements; and 
(v) the circumstances under which the 
Secretary may terminate or suspend the 
authority of the State to use the alter-
native relocation payment process. 
(C) REQUIRED
INFORMATION.—A State 
may use the alternative relocation payment 
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process only after the displaced persons affected 
by a program or project— 
(i) are informed in writing— 
(I) that the relocation payments 
the displaced persons receive under 
the alternative relocation payment 
process may be higher or lower than 
the amount that the displaced persons 
would have received under the stand-
ard relocation assistance process; and 
(II) of their right not to partici-
pate in the alternative relocation pay-
ment process; and 
(ii) agree in writing to the alternative 
relocation payment process. 
(D) ELECTION
NOT
TO
PARTICIPATE.— 
The displacing agency shall provide any dis-
placed person who elects not to participate in 
the alternative relocation payment process with 
relocation assistance in accordance with the 
Uniform Relocation Assistance and Real Prop-
erty Acquisition Policies Act of 1970 (42 
U.S.C. 4601 et seq.). 
(4) 
PROTECTIONS
AGAINST
INCONSISTENT 
TREATMENT.—If other Federal agencies plan dis-
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placements in or adjacent to an area of a project 
using the alternative relocation payment process 
within the same time period as a project acquisition 
and relocation action of the project, the Secretary 
shall adopt measures to protect against inconsistent 
treatment of displaced persons. Such measures may 
include a determination that the alternative reloca-
tion payment process authority may not be used on 
a specific project. 
(5) REPORT.— 
(A) IN
GENERAL.—The Secretary shall 
submit to Congress an annual report on the im-
plementation of the alternative relocation pay-
ment process. 
(B) CONTENTS.—The report shall include 
an evaluation of the merits of the alternative 
relocation payment process, including the ef-
fects of the alternative relocation payment proc-
ess on— 
(i) displaced persons and the protec-
tions afforded to such persons by the Uni-
form Relocation Assistance and Real Prop-
erty Acquisition Policies Act of 1970 (42 
U.S.C. 4601 et seq.); 
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(ii) the efficiency of the delivery of 
Federal-aid highway projects and overall 
effects on the Federal-aid highway pro-
gram; and 
(iii) the achievement of the purposes 
of the Uniform Relocation Assistance and 
Real Property Acquisition Policies Act of 
1970 (42 U.S.C. 4601 et seq.). 
(6) LIMITATION.—The alternative relocation 
payment process under this section may be used only 
on projects funded under title 23, United States 
Code, in cases in which the funds are administered 
by the Federal Highway Administration. 
(7) NEPA APPLICABILITY.—Notwithstanding 
any other provision of law, the use of the alternative 
relocation payment process established under this 
section on a project funded under title 23, United 
States Code, and administered by the Federal High-
way Administration is not a major Federal action re-
quiring analysis or approval under the National En-
vironmental Policy Act of 1969 (42 U.S.C. 4321 et 
seq.). 
(b) 
UNIFORM
RELOCATION
ASSISTANCE
ACT 
AMENDMENTS.— 
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(1) MOVING
AND
RELATED
EXPENSES.—Sec-
tion 202 of the Uniform Relocation Assistance and 
Real Property Acquisition Policies Act of 1970 (42 
U.S.C. 4622) is amended— 
(A) in subsection (a)(4) by striking 
‘‘$10,000’’ and inserting ‘‘$25,000, as adjusted 
by regulation, in accordance with section 
213(d)’’; and 
(B) in the second sentence of subsection 
(c) by striking ‘‘$20,000’’ and inserting 
‘‘$40,000, as adjusted by regulation, in accord-
ance with section 213(d)’’. 
(2) 
REPLACEMENT
HOUSING
FOR
HOME-
OWNERS.—The first sentence of section 203(a)(1) of 
the Uniform Relocation Assistance and Real Prop-
erty Acquisition Policies Act of 1970 (42 U.S.C. 
4623(a)(1)) is amended by— 
(A) striking ‘‘$22,500’’ and inserting 
‘‘$31,000, as adjusted by regulation, in accord-
ance with section 213(d),’’; and 
(B) striking ‘‘one hundred and eighty days 
prior to’’ and inserting ‘‘90 days before’’. 
(3) REPLACEMENT
HOUSING
FOR
TENANTS 
AND CERTAIN OTHERS.—Section 204 of the Uniform 
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HR 4348 RDS
Relocation Assistance and Real Property Acquisition 
Policies Act of 1970 (42 U.S.C. 4624) is amended— 
(A) in the second sentence of subsection 
(a) by striking ‘‘$5,250’’ and inserting ‘‘$7,200, 
as adjusted by regulation, in accordance with 
section 213(d)’’; and 
(B) in the second sentence of subsection 
(b) by striking ‘‘, except’’ and all that follows 
through the end of the subsection and inserting 
a period. 
(4) DUTIES OF LEAD AGENCY.—Section 213 of 
the Uniform Relocation Assistance and Real Prop-
erty Acquisition Policies Act of 1970 (42 U.S.C. 
4633) is amended— 
(A) in subsection (b)— 
(i) in paragraph (2) by striking 
‘‘and’’; 
(ii) in paragraph (3) by striking the 
period and inserting ‘‘; and’’; and 
(iii) by adding at the end the fol-
lowing: 
‘‘(4) that each Federal agency that has pro-
grams or projects requiring the acquisition of real 
property or causing a displacement from real prop-
erty subject to the provisions of this Act shall pro-
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vide to the lead agency an annual summary report 
that describes the activities conducted by the Fed-
eral agency.’’; and 
(B) by adding at the end the following: 
‘‘(d) ADJUSTMENT OF PAYMENTS.—The head of the 
lead agency may adjust, by regulation, the amounts of re-
location payments provided under sections 202(a)(4), 
202(c), 203(a), and 204(a) if the head of the lead agency 
determines that cost of living, inflation, or other factors 
indicate that the payments should be adjusted to meet the 
policy objectives of this Act.’’. 
(5) AGENCY
COORDINATION.—Title II of the 
Uniform Relocation Assistance and Real Property 
Acquisition Policies Act of 1970 (42 U.S.C. 4601 et 
seq.) is amended by inserting after section 213 (42 
U.S.C. 4633) the following: 
‘‘SEC. 214. AGENCY COORDINATION. 
‘‘(a) AGENCY CAPACITY.—Each Federal agency re-
sponsible for funding or carrying out relocation and acqui-
sition activities shall have adequately trained personnel 
and such other resources as are necessary to manage and 
oversee the relocation and acquisition program of the Fed-
eral agency in accordance with this Act. 
‘‘(b) INTERAGENCY AGREEMENTS.—Not later than 1 
year after the date of the enactment of this section, each 
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Federal agency responsible for funding relocation and ac-
quisition activities (other than the agency serving as the 
lead agency) shall enter into a memorandum of under-
standing with the lead agency that— 
‘‘(1) provides for periodic training of the per-
sonnel of the Federal agency, which in the case of 
a Federal agency that provides Federal financial as-
sistance, may include personnel of any displacing 
agency that receives Federal financial assistance; 
‘‘(2) addresses ways in which the lead agency 
may provide assistance and coordination to the Fed-
eral agency relating to compliance with this Act on 
a program or project basis; and 
‘‘(3) addresses the funding of the training, as-
sistance, and coordination activities provided by the 
lead agency, in accordance with subsection (c). 
‘‘(c) INTERAGENCY PAYMENTS.— 
‘‘(1) IN GENERAL.—For the fiscal year that be-
gins 1 year after the date of the enactment of this 
section, and each fiscal year thereafter, each Federal 
agency responsible for funding relocation and acqui-
sition activities (other than the agency serving as the 
lead agency) shall transfer to the lead agency for the 
fiscal year, such funds as are necessary, but not less 
than $35,000, to support the training, assistance, 
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and coordination activities of the lead agency de-
scribed in subsection (b). 
‘‘(2) INCLUDED COSTS.—The cost to a Federal 
agency of providing the funds described in para-
graph (1) shall be included as part of the cost of 1 
or more programs or projects undertaken by the 
Federal agency or with Federal financial assistance 
that result in the displacement of persons or the ac-
quisition of real property.’’. 
(c) COOPERATION WITH FEDERAL AGENCIES.—Sec-
tion 308(a) is amended to read as follows: 
‘‘(a) AUTHORIZED ACTIVITIES.— 
‘‘(1) IN
GENERAL.—The Secretary may per-
form, by contract or otherwise, authorized engineer-
ing or other services in connection with the survey, 
construction, maintenance, or improvement of high-
ways for other Federal agencies, cooperating foreign 
countries, and State cooperating agencies. 
‘‘(2) INCLUSIONS.—Services authorized under 
paragraph (1) may include activities authorized 
under section 214 of the Uniform Relocation Assist-
ance and Real Property Acquisition Policies Act of 
1970 (42 U.S.C. 4601 et seq.). 
‘‘(3) REIMBURSEMENT.—Reimbursement for 
services carried out under this subsection, including 
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depreciation on engineering and road-building equip-
ment, shall be credited to the applicable appropria-
tion.’’. 
Passed the House of Representatives April 18, 2012. 
Attest: 
KAREN L. HAAS, 
Clerk. 
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