I 
112TH CONGRESS 
1ST SESSION H. R. 2766 
To amend titles 23 and 49, United States Code, to accelerate the delivery 
process for highway and public transportation construction projects, and 
for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
AUGUST 1, 2011 
Mr. GARY G. MILLER of California (for himself and Mr. HUNTER) introduced 
the following bill; which was referred to the Committee on Transportation 
and Infrastructure 
A BILL 
To amend titles 23 and 49, United States Code, to accelerate 
the delivery process for highway and public transpor-
tation construction projects, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Breaking Down Barriers Act of 2011’’. 
(b) TABLE OF CONTENTS.— 
Sec. 1. Short title; table of contents. 
Sec. 2. Advance construction of highway projects. 
Sec. 3. Surface transportation project delivery pilot program. 
Sec. 4. Methods to consolidate and streamline environmental impact statement 
processing. 
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Sec. 5. Categorical exclusions. 
Sec. 6. Administration of highway and public transportation projects with high 
non-Federal shares. 
Sec. 7. Requirements for prompt payments and approvals by the Secretary of 
Transportation. 
Sec. 8. Assistance to State and Federal agencies. 
SEC. 2. ADVANCE CONSTRUCTION OF HIGHWAY PROJECTS. 
(a) FINDING.—Congress finds that it is in the public 
interest for the Secretary of Transportation to allow 
States to carry out advance construction activities under 
section 115 of title 23, United States Code, as a method 
for accelerating the delivery of highway projects and cre-
ating jobs. 
(b) PREAPPROVAL SPENDING; LETTERS
OF NO 
PREJUDICE.—Section 115 of title 23, United States Code, 
is amended by adding at the end the following: 
‘‘(d) PREAPPROVAL SPENDING.—In approving an ap-
plication for a project under this section, the Secretary 
may include as part of the project activities carried out 
by the State before the date of approval of the application 
if the Secretary determines that the activities were carried 
out in accordance with the requirements applicable to the 
project. 
‘‘(e) LETTERS OF NO PREJUDICE.— 
‘‘(1) ISSUANCE.—The Secretary may issue let-
ters of no prejudice for projects under this section 
in the same manner as the Secretary issues such let-
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ters for public transportation projects under sections 
5307 and 5309 of title 49. 
‘‘(2) TIMING.—To accelerate project delivery, 
the Secretary may issue a letter of no prejudice for 
a project at the time the project is included in the 
transportation improvement program of the State 
developed under section 135(f) or as soon as prac-
ticable thereafter.’’. 
SEC. 3. SURFACE TRANSPORTATION PROJECT DELIVERY 
PILOT PROGRAM. 
Section 327 of title 23, United States Code, is 
amended— 
(1) in the section heading by striking ‘‘pilot’’; 
(2) in subsection (a)(1) by striking ‘‘pilot’’; 
(3) in subsection (a)(2)— 
(A) 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.’’; and 
(B) by adding at the end the following: 
‘‘(F) PRESERVATION
OF
FLEXIBILITY.— 
The Secretary shall not require a State, as a 
condition of participation in this program, to 
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forego project delivery methods that are other-
wise permissible for highway projects. 
‘‘(G) HIGHWAY
PROJECT.—A highway 
project under subparagraph (A) includes any 
project eligible under this title. With respect to 
such a project, a State may assume the respon-
sibilities administered by the Federal Highway 
Administration, but the State may not assume 
the responsibilities of any other modal adminis-
tration within the Department.’’; 
(4) in subsection (b)— 
(A) by striking paragraph (1) and insert-
ing the following: 
‘‘(1) PARTICIPATING STATES.— 
‘‘(A) IN GENERAL.—All States are eligible 
to participate in the program. 
‘‘(B) SPECIAL RULE.—Any State partici-
pating in the program under this section on 
September 30, 2009, shall be permitted by the 
Secretary to continue to participate in the pro-
gram and such State shall not have to submit 
an application under paragraph (2) in order to 
participate in the program.’’; and 
(B) in paragraph (2) by striking ‘‘this sec-
tion, the Secretary shall promulgate’’ and in-
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serting ‘‘the Breaking Down Barriers Act of 
2011, the Secretary shall modify, as appro-
priate,’’; and 
(5) by striking subsection (i) and inserting the 
following: 
‘‘(i) 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 Secretary.’’. 
SEC. 4. METHODS TO CONSOLIDATE AND STREAMLINE EN-
VIRONMENTAL IMPACT STATEMENT PROC-
ESSING. 
(a) STUDY.—The Comptroller General of the United 
States shall conduct a study on methods to consolidate 
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