991
‘‘(ii) identical to the project or phase
of the project as described in an approved
metropolitan transportation plan; and
‘‘(iii) in conformance with the applica-
ble State air quality implementation plan
developed under the Clean Air Act (42
U.S.C. 7401 et seq.), if the project is car-
ried out in an area designated as non-
attainment for ozone or carbon monoxide
under that Act.
‘‘(D) 
REQUIREMENT
OF
ANTICIPATED
FULL FUNDING.—The transportation improve-
ment program shall include a project, or an
identified phase of a project, only if full funding
can reasonably be anticipated to be available for
the project within the time period contemplated
for completion of the project.
‘‘(E) FINANCIAL
PLAN.—The transpor-
tation improvement program may include a fi-
nancial plan that demonstrates how the ap-
proved transportation improvement program
can be implemented, indicates resources from
public and private sources that are reasonably
expected to be made available to carry out the
transportation improvement program, and rec-
992
ommends any additional financing strategies for
needed projects and programs. The financial
plan may include, for illustrative purposes, ad-
ditional projects that would be included in the
adopted transportation plan if reasonable addi-
tional resources beyond those identified in the
financial plan were available.
‘‘(F) SELECTION OF PROJECTS FROM IL-
LUSTRATIVE 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
under subparagraph (E) for inclusion in an
approved transportation improvement pro-
gram.
‘‘(G) PRIORITIES.—The transportation im-
provement program shall reflect the priorities
993
for programming and expenditures of funds, in-
cluding transportation enhancement activities,
required by title 23 and chapter 53.
‘‘(H) PRIORITIZATION OF CONGESTION RE-
LIEF ACTIVITIES.—The transportation improve-
ment program shall reflect the priorities for
congestion relief activities included in the met-
ropolitan transportation plan to meet the re-
quirements 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
sections 5310, 5311, 5316, and 5317), by the State
in cooperation with the affected nonmetropolitan
local officials with responsibility for transportation.
Projects carried out in areas with populations of less
than 50,000 individuals on the National Highway
System or under the bridge program or the Inter-
state maintenance program under title 23 or under
sections 5310, 5311, 5316, and 5317 shall be se-
994
lected, from the approved statewide transportation
improvement program, by the State in consultation
with the affected nonmetropolitan local officials with
responsibility for transportation.
‘‘(6) TRANSPORTATION
IMPROVEMENT
PRO-
GRAM APPROVAL.—Every 4 years, a transportation
improvement program developed under this sub-
section shall be reviewed and approved by the Sec-
retary 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
statewide transportation plans and programs are de-
veloped 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.
‘‘(h) FUNDING.—
‘‘(1) SET-ASIDE.—Funds set aside pursuant to
section 104(i) of title 23 shall be available to carry
out this section.
995
‘‘(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 regula-
tions 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 intent 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
comment, since individual projects included in the state-
wide transportation plans and the transportation improve-
ment program are subject to review under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.), and since decisions by the Secretary concerning
statewide transportation plans or the transportation im-
provement program described in this section have not been
reviewed under such Act as of January 1, 1997, any deci-
sion by the Secretary concerning a metropolitan or state-
996
wide transportation plan or the transportation improve-
ment program described in this section shall not be consid-
ered 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 Associa-
tion and adopted by the National Governors Associa-
tion, represent a sound basis for interaction among
the Federal, State, local governments, and Indian
tribes on environmental matters and should be fol-
lowed 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.
997
(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 bound-
aries for environmental problems.
(2) PURPOSE.—The purpose of this section is
to reduce delays in the delivery of highway construc-
tion and public transportation capital projects aris-
ing from the environmental review process, while
continuing to ensure the protection of the human
and natural environment.
(b) PROJECT DEVELOPMENT PROCEDURES.—Chap-
ter 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 
ENVIRON-
MENTAL REVIEWS FOR PROJECT DECISION-
MAKING
‘‘§ 5251. Definitions and applicability
‘‘(a) DEFINITIONS.—In this subchapter, the following
definitions apply:
998
‘‘(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 detailed statement of environmental impacts re-
quired to be prepared under the National Environ-
mental Policy 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
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 includes the
process for and completion of any environ-
mental permit, approval, review, or study re-
quired 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-
999
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 Depart-
ment 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 state-
ment is prepared under the National Environmental Pol-
icy Act of 1969 (42 U.S.C. 4321 et seq.). This subchapter
may be applied, to the extent determined appropriate by
the Secretary, to other projects for which an environ-
1000
mental document 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 Depart-
ment 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
governmental 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
independently evaluates such document and the doc-
ument is approved and adopted by the Secretary
prior to the Secretary taking any subsequent action
or making any approval based on such document,
1001
whether or not the Secretary’s action or approval re-
sults in Federal funding.
‘‘(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 en-
vironmental document prepared by the project spon-
sor in accordance with this subsection and that such
document 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
Federal agency making any approval to the same ex-
tent that such Federal agency could adopt or use a
document prepared by another Federal agency.
‘‘(b) PARTICIPATING AGENCIES.—
‘‘(1) IN GENERAL.—The lead agency shall be
responsible 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
1002
participating agencies in the environmental review
process for the project. The invitation shall set a
deadline for responses to be submitted. The deadline
may be extended 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.
1003
‘‘(5) COOPERATING
AGENCY.—A participating
agency may also be designated by a lead agency as
a ‘cooperating agency’ under the regulations con-
tained in part 1500 of title 40, Code of Federal Reg-
ulations.
‘‘(6) DESIGNATIONS
FOR
CATEGORIES
OF
PROJECTS.—The Secretary may exercise the authori-
ties granted under this subsection for a project,
class of projects, or program of projects.
‘‘(c) PROJECT INITIATION.—
‘‘(1) IN GENERAL.—The project sponsor shall
initiate the environmental review process for a
project by submitting an initiation notice to the Sec-
retary.
‘‘(2) CONTENTS OF NOTICE.—The initiation no-
tice shall include, at a minimum, a brief description
of the type of work, termini, length, and general lo-
cation of the proposed project, together with a state-
ment of any Federal approvals anticipated to be
needed for the project.
‘‘(d) PURPOSE AND NEED.—
‘‘(1) PARTICIPATION.—As early as practicable
during the environmental review process, the lead
agency shall provide an opportunity for involvement
1004
by participating agencies and the public in defining
the purpose and need for a project.
‘‘(2) 
DEFINITION.—Following 
participation
under paragraph (1), the lead agency shall define
the project’s purpose and need for purposes of any
document which the lead agency is responsible for
preparing for the project.
‘‘(3) OBJECTIVES.—The statement of purpose
and need shall include a clear statement of the ob-
jectives that the proposed action is intended to
achieve, which may include—
‘‘(A) achieving a transportation objective
identified in an applicable statewide or metro-
politan transportation plan;
‘‘(B) supporting land use, economic devel-
opment, or growth objectives established in ap-
plicable Federal, State, local, or tribal plans;
and
‘‘(C) serving national defense, national se-
curity, or other national objectives, as estab-
lished in Federal laws, plans, or policies.
‘‘(e) ALTERNATIVES ANALYSIS.—
‘‘(1) PARTICIPATION.—As early as practicable
during the environmental review process, the lead
agency shall provide an opportunity for involvement
1005
by participating agencies and the public in deter-
mining the range of alternatives to be considered for
a project.
‘‘(2) RANGE
OF
ALTERNATIVES.—Following
participation under paragraph (1), the lead agency
shall determine the range of alternatives for consid-
eration in any document which the lead agency is re-
sponsible for preparing for the project.
‘‘(3) METHODOLOGIES.—The lead agency also
shall determine, in collaboration with participating
agencies at appropriate times during the study proc-
ess, the methodologies to be used and the level of de-
tail required in the analysis of each alternative for
a project.
‘‘(4) PREFERRED ALTERNATIVE.—At the dis-
cretion of the lead agency, the preferred alternative
for a project, after being identified, may be devel-
oped to a higher level of detail than other alter-
natives in order to facilitate the development of miti-
gation measures or concurrent compliance with other
applicable laws if the lead agency determines that
the development of such higher level of detail will
not prevent the lead agency from making an impar-
tial decision as to whether to accept another alter-
1006
native which is being considered in the environ-
mental review process.
‘‘(f) COMMENT DEADLINES.—The lead agency shall
establish the following deadlines for comment during the
environmental review process for a project:
‘‘(1) For comments by agencies and the public
on a draft environmental impact statement, a period
of no more than 60 days from the date of public
availability of such document, unless—
‘‘(A) a different deadline is established by
agreement of the lead agency, the project spon-
sor, and all participating agencies; or
‘‘(B) the deadline is extended by the lead
agency for good cause.
‘‘(2) For all other comment periods established
by the lead agency for agency or public comments in
the environmental review process, a period of no
more than 30 days from availability of the materials
on which comment is requested, unless—
‘‘(A) a different deadline is established by
agreement of the lead agency, the project spon-
sor, and all participating agencies; or
‘‘(B) the deadline is extended by the lead
agency for good cause.
‘‘(g) ISSUE IDENTIFICATION AND RESOLUTION.—
1007
‘‘(1) COOPERATION.—The lead agency and the
participating agencies shall work cooperatively in ac-
cordance with this section to identify and resolve
issues that could delay completion of the environ-
mental review process or could result in denial of
any approvals required for the project under applica-
ble laws.
‘‘(2) LEAD
AGENCY
RESPONSIBILITIES.—The
lead agency shall make information available to the
participating agencies as early as practicable in the
environmental review process regarding the environ-
mental and socioeconomic resources located within
the project area and the general locations of the al-
ternatives under consideration. Such information
may be based on existing data sources, including ge-
ographic information systems mapping.
‘‘(3) PARTICIPATING
AGENCY
RESPONSIBIL-
ITIES.—Based on information received from the lead
agency, participating agencies shall identify, as early
as practicable, any issues of concern regarding the
project’s potential environmental or socioeconomic
impacts. In this paragraph, issues of concern include
any issues that could substantially delay or prevent
an agency from granting a permit or other approval
that is needed for the project.
1008
‘‘(4) ISSUE RESOLUTION.—Whenever issues of
concern are identified or at any time upon request
of a project sponsor, the lead agency shall promptly
convene a meeting with the relevant participating
agencies. If a resolution cannot be achieved within
30 days following such a meeting and a determina-
tion by the lead agency that all information nec-
essary to resolve the issue has been obtained, the
lead agency shall notify the heads of all Federal
agencies involved in the meeting and the Committee
on Environment and Public Works of the Senate
and the Committee on Transportation and Infra-
structure of the House of Representatives and shall
publish such notification in the Federal Register.
‘‘(h) PARTICIPATION OF STATE AGENCIES.—For any
project eligible for assistance under title 23 or chapter 53,
a State may require, under procedures established by
State law, that all State agencies that have jurisdiction
by State or Federal law over environmental-related issues
that may be affected by the project, or that are required
to issue any environmental-related reviews, analyses, opin-
ions, or determinations on issuing any permits, licenses,
or approvals for the project, be subject to the coordinated
environmental review process established under this sec-
tion unless the Secretary determines that a State agency’s
1009
participation would not be in the public interest. A State
participating in the review process must require all State
agencies with jurisdiction to be subject to and comply with
the review process to the same extent as a Federal agency.
‘‘(i) ASSISTANCE TO AFFECTED STATE AND FED-
ERAL AGENCIES.—
‘‘(1) IN GENERAL.—For a project that is sub-
ject to the environmental review process established
under this section and for which funds are made
available to a State under title 23 or chapter 53, the
Secretary may approve a request by the State to
provide funds so made available to affected Federal
agencies (including the Department of Transpor-
tation), State agencies, and Indian tribes partici-
pating in the environmental review process for the
project. Such funds may be provided only to support
activities that directly and meaningfully contribute
to expediting and improving transportation project
planning and delivery. Such activities may include
dedicated staffing, training of agency personnel, in-
formation gathering and mapping, and development
of programmatic agreements. The Secretary may
also use funds made available under section 204 of
title 23 for a project for the purposes specified in
1010
this subsection with respect to the environmental re-
view process for the project.
‘‘(2) AMOUNTS.—Requests under paragraph (1)
may be approved only for the additional amounts
that the Secretary determines are necessary for the
Federal agencies, State agencies, or Indian tribes
participating in the environmental review process to
meet the time limits for environmental review.
‘‘(3) CONDITION.—A request under paragraph
(1) to expedite time limits for environmental review
may be approved only if such time limits are less
than the customary time necessary for such re-
view.’’.
(c) EXISTING
ENVIRONMENTAL
REVIEW
PROC-
ESSES.—Nothing in this section shall be deemed to affect
any existing environmental review process approved by the
Secretary.
SEC. 6003. POLICY ON HISTORIC SITES.
(a) TITLE 49.—Section 303 of title 49, United States
Code, is amended by adding at the end the following:
‘‘(d) SPECIAL RULES FOR HISTORIC SITES.—
‘‘(1) IN GENERAL.—The requirements of this
section are deemed to be satisfied in any case in
which the treatment of a historic site has been
agreed upon in accordance with section 106 of the
1011
National Historic Preservation Act (16 U.S.C. 470f)
and the agreement includes a determination that the
program or project will not have an adverse effect on
the historic site.
‘‘(2) LIMITATION
ON
APPLICABILITY.—This
subsection does not apply in any case in which the
Advisory Council on Historic Preservation deter-
mines, concurrent with or prior to the conclusion of
section 106 consultation, that allowing section 106
compliance to satisfy the requirements of this sec-
tion would be inconsistent with the objectives of the
National Historic Preservation Act. The Council
shall make such a determination if petitioned to do
so by a section 106 consulting party, unless the
Council affirmatively finds that the views of the re-
questing party have been adequately considered and
that section 106 compliance will adequately protect
historic properties.
‘‘(3) DEFINITIONS.—In this subsection, the fol-
lowing definitions apply:
‘‘(A) SECTION
106
CONSULTATION.—The
term ‘section 106 consultation’ means the con-
sultation process required under section 106 of
the National Historic Preservation Act (16
U.S.C. 470f).
1012
‘‘(B) ADVERSE
EFFECT.—The term ‘ad-
verse effect’ means altering, directly or indi-
rectly, any of the characteristics of a historic
property that qualify the property for inclusion
in the National Register in a manner that
would diminish the integrity of the property’s
location, design, setting, materials, workman-
ship, feeling, or association.’’.
(b) TITLE 23.—Section 138 of title 23, United States
Code is amended—
(1) by inserting ‘‘(a) Policy.—’’ before ‘‘It is’’;
and
(2) by striking ‘‘In carrying’’ and inserting the
following:
‘‘(c) STUDIES.—In carrying’’; and
(3) by inserting after subsection (a) (as des-
ignated by paragraph (1)) the following:
‘‘(b) SPECIAL RULES FOR HISTORIC SITES.—
‘‘(1) IN GENERAL.—The requirements of this
section are deemed to be satisfied in any case in
which the treatment of a historic site has been
agreed upon in accordance with section 106 of the
National Historic Preservation Act (16 U.S.C. 470f)
and the agreement includes a determination that the
1013
program or project will not have an adverse effect on
the historic site.
‘‘(2) LIMITATION
ON
APPLICABILITY.—This
subsection does not apply in any case in which the
Advisory Council on Historic Preservation deter-
mines, concurrent with or prior to the conclusion of
section 106 consultation, that allowing section 106
compliance to satisfy the requirements of this sec-
tion would be inconsistent with the objectives of the
National Historic Preservation Act. The Council
shall make such a determination if petitioned to do
so by a section 106 consulting party, unless the
Council affirmatively finds that the views of the re-
questing party have been adequately considered and
that section 106 compliance will adequately protect
historic properties.
‘‘(3) DEFINITIONS.—In this subsection, the fol-
lowing definitions apply:
‘‘(A) SECTION
106
CONSULTATION.—The
term ‘section 106 consultation’ means the con-
sultation process required under section 106 of
the National Historic Preservation Act (16
U.S.C. 470f).
‘‘(B) ADVERSE
EFFECT.—The term ‘ad-
verse effect’ means altering, directly or indi-
1014
rectly, any of the characteristics of a historic
property that qualify the property for inclusion
in the National Register in a manner that
would diminish the integrity of the property’s
location, design, setting, materials, workman-
ship, feeling, or association.’’.
SEC. 6004. EXEMPTION OF INTERSTATE SYSTEM.
Section 103(c) of title 23, United States Code, is
amended by adding at the end the following:
‘‘(5) EXEMPTION OF INTERSTATE SYSTEM.—
‘‘(A) IN GENERAL.—Except as provided in
subparagraph (B), the Interstate System shall
not be considered to be a historic site under
section 303 of title 49 or section 138 of this
title, regardless of whether the Interstate Sys-
tem or portions of the Interstate System are
listed on, or eligible for listing on, the National
Register of Historic Places.
‘‘(B) INDIVIDUAL ELEMENTS.—Subject to
subparagraph (C), a portion of the Interstate
System that possesses an independent feature
of historic significance (such as a historic
bridge or a highly significant engineering fea-
ture) that is listed on, or eligible for listing on,
the National Register of Historic Places, shall