112TH CONGRESS 
2D SESSION 
H. R. 4348 
AN ACT 
To provide an extension of Federal-aid highway, highway 
safety, motor carrier safety, transit, and other programs 
funded out of the Highway Trust Fund pending enact-
ment of a multiyear law reauthorizing such programs, 
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. TABLE OF CONTENTS. 
The table of contents for this Act is as follows: 
Sec. 1. Table of contents. 
TITLE I—SURFACE TRANSPORTATION EXTENSION 
Sec. 101. Short title. 
Subtitle A—Federal-Aid Highways 
Sec. 111. Extension of Federal-aid highway programs. 
Subtitle B—Extension of Highway Safety Programs 
Sec. 121. Extension of National Highway Traffic Safety Administration high-
way safety programs. 
Sec. 122. Extension of Federal Motor Carrier Safety Administration programs. 
Sec. 123. Additional programs. 
Subtitle C—Public Transportation Programs 
Sec. 131. Allocation of funds for planning programs. 
Sec. 132. Special rule for urbanized area formula grants. 
Sec. 133. Allocating amounts for capital investment grants. 
Sec. 134. Apportionment of formula grants for other than urbanized areas. 
Sec. 135. Apportionment based on fixed guideway factors. 
Sec. 136. Authorizations for public transportation. 
Sec. 137. Amendments to SAFETEA–LU. 
Subtitle D—Highway Trust Fund Extension 
Sec. 141. Extension of highway-related taxes. 
Sec. 142. Extension of trust fund expenditure authority. 
TITLE II—KEYSTONE XL PIPELINE 
Sec. 201. Short title. 
Sec. 202. Restriction. 
Sec. 203. Permit. 
Sec. 204. Relation to other law. 
TITLE III—RESTORE ACT 
Sec. 301. Short title. 
Sec. 302. Gulf Coast Restoration Trust Fund. 
TITLE IV—HARBOR MAINTENANCE PROGRAMS 
Sec. 401. Funding for harbor maintenance programs. 
TITLE V—COAL COMBUSTION RESIDUALS 
Sec. 501. Highway and infrastructure safety through the protection of coal 
combustion residual recycling. 
TITLE VI—ENVIRONMENTAL STREAMLINING 
Sec. 601. Amendments to title 23, United States Code.
Sec. 602. Declaration of policy. 
Sec. 603. Exemption in emergencies. 
Sec. 604. Advance acquisition of real property interests. 
Sec. 605. Standards. 
Sec. 606. Letting of contracts. 
Sec. 607. Elimination of duplication in historic preservation requirements. 
Sec. 608. Funding threshold. 
Sec. 609. Efficient environmental reviews for project decisionmaking. 
Sec. 610. Disposal of historic properties. 
Sec. 611. Integration of planning and environmental review. 
Sec. 612. Development of programmatic mitigation plans. 
Sec. 613. State assumption of responsibility for categorical exclusions. 
Sec. 614. Surface transportation project delivery program. 
Sec. 615. Program for eliminating duplication of environmental reviews. 
Sec. 616. State performance of legal sufficiency reviews. 
Sec. 617. Categorical exclusions. 
Sec. 618. Environmental review process deadline. 
Sec. 619. Relocation assistance. 
TITLE I—SURFACE 
TRANSPORTATION EXTENSION 
SEC. 101. SHORT TITLE. 
This title may be cited as the ‘‘Surface Transpor-
tation Extension Act of 2012, Part II’’. 
Subtitle A—Federal-Aid Highways 
SEC. 111. EXTENSION OF FEDERAL-AID HIGHWAY PRO-
GRAMS. 
(a) IN GENERAL.—Section 111 of the Surface Trans-
portation Extension Act of 2011, Part II (Public Law 
112–30; 125 Stat. 343) is amended— 
(1) by striking ‘‘the period beginning on Octo-
ber 1, 2011, and ending on June 30, 2012,’’ each 
place it appears and inserting ‘‘fiscal year 2012’’; 
(2) by striking ‘‘3⁄4 of’’ each place it appears; 
and
(3) in subsection (a) by striking ‘‘June 30, 
2012’’ and inserting ‘‘September 30, 2012’’. 
(b) USE OF FUNDS.—Section 111(c) of the Surface 
Transportation Extension Act of 2011, Part II (125 Stat. 
343) is amended— 
(1) in paragraph (3)— 
(A) in subparagraph (A) by striking ‘‘, ex-
cept that during such period’’ and all that fol-
lows before the period at the end; and 
(B) in subparagraph (B)(ii) by striking 
‘‘$479,250,000’’ and inserting ‘‘$639,000,000’’; 
and 
(2) by striking paragraph (4). 
(c) EXTENSION OF AUTHORIZATIONS UNDER TITLE 
V OF SAFETEA–LU.—Section 111(e)(2) of the Surface 
Transportation Extension Act of 2011, Part II (125 Stat. 
343) is amended by striking ‘‘the period beginning on Oc-
tober 1, 2011, and ending on June 30, 2012.’’ and insert-
ing ‘‘fiscal year 2012.’’. 
(d) ADMINISTRATIVE EXPENSES.—Section 112(a) of 
the Surface Transportation Extension Act of 2011, Part 
II (125 Stat. 346) is amended by striking ‘‘$294,641,438 
for the period beginning on October 1, 2011, and ending 
on June 30, 2012.’’ and inserting ‘‘$392,855,250 for fiscal 
year 2012.’’.
Subtitle B—Extension of Highway 
Safety Programs 
SEC. 121. EXTENSION OF NATIONAL HIGHWAY TRAFFIC 
SAFETY ADMINISTRATION HIGHWAY SAFETY 
PROGRAMS. 
(a) CHAPTER 4 HIGHWAY SAFETY PROGRAMS.—Sec-
tion 2001(a)(1) of SAFETEA–LU (119 Stat. 1519) is 
amended by striking ‘‘$235,000,000 for each of fiscal 
years 2009 through 2011’’ and all that follows through 
the period at the end and inserting ‘‘and $235,000,000 
for each of fiscal years 2009 through 2012.’’. 
(b) HIGHWAY SAFETY RESEARCH AND DEVELOP-
MENT.—Section 2001(a)(2) of SAFETEA–LU (119 Stat. 
1519) is amended by striking ‘‘and $81,183,000 for the 
period beginning on October 1, 2011, and ending on June 
30, 2012.’’ and inserting ‘‘and $105,500,000 for fiscal 
year 2012.’’. 
(c) OCCUPANT PROTECTION INCENTIVE GRANTS.— 
Section 2001(a)(3) of SAFETEA–LU (119 Stat. 1519) 
is amended by striking ‘‘, $25,000,000 for each of fiscal 
years 2006 through 2011’’ and all that follows through 
the period at the end and inserting ‘‘and $25,000,000 for 
each of fiscal years 2006 through 2012.’’. 
(d) SAFETY BELT PERFORMANCE GRANTS.—Section 
2001(a)(4) of SAFETEA–LU (119 Stat. 1519) is amend-
ed by striking ‘‘and $36,375,000 for the period beginning 
on October 1, 2011, and ending on June 30, 2012.’’ and 
inserting ‘‘and $48,500,000 for fiscal year 2012.’’. 
(e) STATE TRAFFIC SAFETY INFORMATION SYSTEM 
IMPROVEMENTS.—Section 2001(a)(5) of SAFETEA–LU 
(119 Stat. 1519) is amended by striking ‘‘for each of fiscal 
years 2006 through 2011’’ and all that follows through 
the period at the end and inserting ‘‘for each of fiscal 
years 2006 through 2012.’’. 
(f) 
ALCOHOL-IMPAIRED
DRIVING
COUNTER-
MEASURES
INCENTIVE
GRANT
PROGRAM.—Section 
2001(a)(6) of SAFETEA–LU (119 Stat. 1519) is amend-
ed by striking ‘‘$139,000,000 for each of fiscal years fiscal 
years 2009 through 2011’’ and all that follows through 
the period at the end and inserting ‘‘and $139,000,000 
for each of fiscal years 2009 through 2012.’’. 
(g) 
NATIONAL
DRIVER
REGISTER.—Section 
2001(a)(7) of SAFETEA–LU (119 Stat. 1520) is amend-
ed by striking ‘‘and $3,087,000 for the period beginning 
on October 1, 2011, and ending on June 30, 2012.’’ and 
inserting ‘‘and $4,000,000 for fiscal year 2012.’’. 
(h) HIGH VISIBILITY ENFORCEMENT PROGRAM.— 
Section 2001(a)(8) of SAFETEA–LU (119 Stat. 1520) 
is amended by striking ‘‘for each of fiscal years 2006 
through 2011’’ and all that follows through the period at
the end and inserting ‘‘for each of fiscal years 2006 
through 2012.’’. 
(i) MOTORCYCLIST SAFETY.—Section 2001(a)(9) of 
SAFETEA–LU (119 Stat. 1520) is amended by striking 
‘‘$7,000,000 for each of fiscal years 2009 through 2011’’ 
and all that follows through the period at the end and 
inserting ‘‘and $7,000,000 for each of fiscal years 2009 
through 2012.’’. 
(j) CHILD SAFETY AND CHILD BOOSTER SEAT SAFE-
TY
INCENTIVE
GRANTS.—Section 
2001(a)(10) 
of 
SAFETEA–LU (119 Stat. 1520) is amended by striking 
‘‘$7,000,000 for each of fiscal years 2009 through 2011’’ 
and all that follows through the period at the end and 
inserting ‘‘and $7,000,000 for each of fiscal years 2009 
through 2012.’’. 
(k) 
ADMINISTRATIVE
EXPENSES.—Section 
2001(a)(11) of SAFETEA–LU (119 Stat. 1520) is 
amended by striking ‘‘$25,328,000 for fiscal year 2011’’ 
and all that follows through the period at the end and 
inserting ‘‘and $25,328,000 for each of fiscal years 2011 
and 2012.’’.
SEC. 122. EXTENSION OF FEDERAL MOTOR CARRIER SAFE-
TY ADMINISTRATION PROGRAMS. 
(a) MOTOR
CARRIER
SAFETY
GRANTS.—Section 
31104(a)(8) of title 49, United States Code, is amended 
to read as follows: 
‘‘(8) $212,000,000 for fiscal year 2012.’’. 
(b) ADMINISTRATIVE EXPENSES.— 
(1) IN
GENERAL.—Section 31104(i)(1)(H) of 
title 49, United States Code, is amended to read as 
follows: 
‘‘(H) $244,144,000 for fiscal year 2012.’’. 
(2) 
TECHNICAL
CORRECTION.—Section 
31104(i)(1)(F) of title 49, United States Code, is 
amended to read as follows: 
‘‘(F) $239,828,000 for fiscal year 2010;’’. 
(c) 
GRANT
PROGRAMS.—Section 
4101(c) 
of 
SAFETEA–LU (119 Stat. 1715) is amended— 
(1) in paragraph 
(1) 
by 
striking 
‘‘and 
$22,500,000 for the period beginning on October 1, 
2011, and ending on June 30, 2012.’’ and inserting 
‘‘and $30,000,000 for fiscal year 2012.’’; 
(2) in paragraph (2) by striking ‘‘2011 and 
$24,000,000 for the period beginning on October 1, 
2011, and ending on June 30, 2012.’’ and inserting 
‘‘2012.’’;
(3) in paragraph (3) by striking ‘‘2011 and 
$3,750,000 for the period beginning on October 1, 
2011, and ending on June 30, 2012.’’ and inserting 
‘‘2012.’’; 
(4) in paragraph (4) by striking ‘‘2011 and 
$18,750,000 for the period beginning on October 1, 
2011, and ending on June 30, 2012.’’ and inserting 
‘‘2012.’’; and 
(5) in paragraph (5) by striking ‘‘2011 and 
$2,250,000 for the period beginning on October 1, 
2011, and ending on June 30, 2012.’’ and inserting 
‘‘2012.’’. 
(d) 
HIGH-PRIORITY
ACTIVITIES.—Section 
31104(k)(2) of title 49, United States Code, is amended 
by striking ‘‘2011 and $11,250,000 for the period begin-
ning on October 1, 2011, and ending on June 30, 2012,’’ 
and inserting ‘‘2012’’. 
(e) 
NEW
ENTRANT
AUDITS.—Section 
31144(g)(5)(B) of title 49, United States Code, is amend-
ed by striking ‘‘and up to $21,750,000 for the period be-
ginning on October 1, 2011, and ending on June 30, 
2012,’’. 
(f) OUTREACH AND EDUCATION.—Section 4127(e) of 
SAFETEA–LU (119 Stat. 1741) is amended by striking 
‘‘and 2011 (and $750,000 to the Federal Motor Carrier
Safety Administration, and $2,250,000 to the National 
Highway Traffic Safety Administration, for the period be-
ginning on October 1, 2011, and ending on June 30, 
2012)’’ and inserting ‘‘2011, and 2012’’. 
(g) GRANT PROGRAM FOR COMMERCIAL MOTOR VE-
HICLE OPERATORS.—Section 4134(c) of SAFETEA–LU 
(119 Stat. 1744) is amended by striking ‘‘2011 and 
$750,000 for the period beginning on October 1, 2011, 
and ending on June 30, 2012,’’ and inserting ‘‘2012’’. 
(h) MOTOR
CARRIER
SAFETY
ADVISORY
COM-
MITTEE.—Section 4144(d) of SAFETEA–LU (119 Stat. 
1748) is amended by striking ‘‘June 30, 2012’’ and insert-
ing ‘‘September 30, 2012’’. 
(i) WORKING GROUP FOR DEVELOPMENT OF PRAC-
TICES AND PROCEDURES TO ENHANCE FEDERAL-STATE 
RELATIONS.—Section 4213(d) of SAFETEA–LU (49 
U.S.C. 14710 note; 119 Stat. 1759) is amended by strik-
ing ‘‘June 30, 2012’’ and inserting ‘‘September 30, 
2012’’. 
SEC. 123. ADDITIONAL PROGRAMS. 
(a) 
HAZARDOUS
MATERIALS
RESEARCH 
PROJECTS.—Section 7131(c) of SAFETEA–LU (119 
Stat. 1910) is amended by striking ‘‘and $870,000 for the 
period beginning on October 1, 2011, and ending on June
30, 2012,’’ and inserting ‘‘and $1,160,000 for fiscal year 
2012’’. 
(b) DINGELL-JOHNSON SPORT FISH RESTORATION 
ACT.—Section 4 of the Dingell-Johnson Sport Fish Res-
toration Act (16 U.S.C. 777c) is amended— 
(1) in subsection (a) by striking ‘‘2011 and for 
the period beginning on October 1, 2011, and ending 
on June 30, 2012,’’ and inserting ‘‘2012,’’; and 
(2) in the first sentence of subsection (b)(1)(A) 
by striking ‘‘2011 and for the period beginning on 
October 1, 2011, and ending on June 30, 2012,’’ 
and inserting ‘‘2012,’’. 
Subtitle C—Public Transportation 
Programs 
SEC. 131. ALLOCATION OF FUNDS FOR PLANNING PRO-
GRAMS. 
Section 5305(g) of title 49, United States Code, is 
amended by striking ‘‘2011 and for the period beginning 
on October 1, 2011, and ending on June 30, 2012’’ and 
inserting ‘‘2012’’. 
SEC. 132. SPECIAL RULE FOR URBANIZED AREA FORMULA 
GRANTS. 
Section 5307(b)(2) of title 49, United States Code, 
is amended—
(1) by striking the paragraph heading and in-
serting ‘‘SPECIAL
RULE
FOR
FISCAL
YEARS
2005 
THROUGH 2012.—’’; 
(2) in subparagraph (A) by striking ‘‘2011 and 
the period beginning on October 1, 2011, and ending 
on June 30, 2012,’’ and inserting ‘‘2012,’’; and 
(3) in subparagraph (E)— 
(A) by striking the subparagraph heading 
and inserting ‘‘MAXIMUM AMOUNTS IN FISCAL 
YEARS 2008 THROUGH 2012.—’’; and 
(B) in the matter preceding clause (i) by 
striking ‘‘2011 and during the period beginning 
on October 1, 2011, and ending on June 30, 
2012’’ and inserting ‘‘2012’’. 
SEC. 133. ALLOCATING AMOUNTS FOR CAPITAL INVEST-
MENT GRANTS. 
Section 5309(m) of title 49, United States Code, is 
amended— 
(1) in paragraph (2)— 
(A) by striking the paragraph heading and 
inserting 
‘‘FISCAL
YEARS
2006
THROUGH 
2012.—’’; 
(B) in the matter preceding subparagraph 
(A) by striking ‘‘2011 and the period beginning
on October 1, 2011, and ending on June 30, 
2012,’’ and inserting ‘‘2012’’; and 
(C) in subparagraph (A)(i) by striking 
‘‘2011 and $150,000,000 for the period begin-
ning on October 1, 2011, and ending on June 
30, 2012,’’ and inserting ‘‘2012’’; 
(2) in paragraph (6)— 
(A) in subparagraph (B) by striking ‘‘2011 
and $11,250,000 shall be available for the pe-
riod beginning on October 1, 2011, and ending 
on June 30, 2012,’’ and inserting ‘‘2012’’; and 
(B) in subparagraph (C) by striking 
‘‘though 2011 and $3,750,000 shall be available 
for the period beginning on October 1, 2011, 
and ending on June 30, 2012,’’ and inserting 
‘‘through 2012’’; and 
(3) in paragraph (7)— 
(A) in subparagraph (A)— 
(i) in the matter preceding clause 
(i)— 
(I) in the first sentence by strik-
ing ‘‘2011 and $7,500,000 shall be 
available for the period beginning on 
October 1, 2011, and ending on June 
30, 2012,’’ and inserting ‘‘2012’’; and
(II) in the second sentence by in-
serting ‘‘each fiscal year’’ before the 
colon; 
(ii) in clause (i) by striking ‘‘for each 
fiscal year and $1,875,000 for the period 
beginning on October 1, 2011, and ending 
on June 30, 2012,’’; 
(iii) in clause (ii) by striking ‘‘for each 
fiscal year and $1,875,000 for the period 
beginning on October 1, 2011, and ending 
on June 30, 2012,’’; 
(iv) in clause (iii) by striking ‘‘for 
each fiscal year and $750,000 for the pe-
riod beginning on October 1, 2011, and 
ending on June 30, 2012,’’; 
(v) in clause (iv) by striking ‘‘for each 
fiscal year and $750,000 for the period be-
ginning on October 1, 2011, and ending on 
June 30, 2012,’’; 
(vi) in clause (v) by striking ‘‘for each 
fiscal year and $750,000 for the period be-
ginning on October 1, 2011, and ending on 
June 30, 2012,’’; 
(vii) in clause (vi) by striking ‘‘for 
each fiscal year and $750,000 for the pe-
riod beginning on October 1, 2011, and 
ending on June 30, 2012,’’; 
(viii) in clause (vii) by striking ‘‘for 
each fiscal year and $487,500 for the pe-
riod beginning on October 1, 2011, and 
ending on June 30, 2012,’’; and 
(ix) in clause (viii) by striking ‘‘for 
each fiscal year and $262,500 for the pe-
riod beginning on October 1, 2011, and 
ending on June 30, 2012,’’; 
(B) in subparagraph (B) by striking clause 
(vii) and inserting the following: 
‘‘(vii) $13,500,000 for fiscal year 
2012.’’; 
(C) in subparagraph (C) by striking ‘‘and 
during the period beginning on October 1, 
2011, and ending on June 30, 2012,’’; 
(D) in subparagraph (D) by striking ‘‘and 
not less than $26,250,000 shall be available for 
the period beginning on October 1, 2011, and 
ending on June 30, 2012,’’; and 
(E) in subparagraph (E) by striking ‘‘and 
$2,250,000 shall be available for the period be-
ginning on October 1, 2011, and ending on 
June 30, 2012,’’.
SEC. 134. APPORTIONMENT OF FORMULA GRANTS FOR 
OTHER THAN URBANIZED AREAS. 
Section 5311(c)(1)(G) of title 49, United States 
Code, is amended to read as follows: 
‘‘(G) $15,000,000 for fiscal year 2012.’’. 
SEC. 135. APPORTIONMENT BASED ON FIXED GUIDEWAY 
FACTORS. 
Section 5337 of title 49, United States Code, is 
amended by striking subsection (g). 
SEC. 
136. 
AUTHORIZATIONS 
FOR 
PUBLIC 
TRANSPOR-
TATION. 
(a) FORMULA AND BUS GRANTS.—Section 5338(b) 
of title 49, United States Code, is amended— 
(1) in paragraph (1) by striking subparagraph 
(G) and inserting the following: 
‘‘(G) 
$8,360,565,000 
for 
fiscal 
year 
2012.’’; and 
(2) in paragraph (2)— 
(A) in subparagraph (A) by striking 
‘‘$113,500,000 for each of fiscal years 2009 
through 2011, and $85,125,000 for the period 
beginning on October 1, 2011, and ending on 
June 
30, 
2012,’’ 
and 
inserting 
‘‘and 
$113,500,000 for each of fiscal years 2009 
through 2012’’;
(B) in subparagraph (B) by striking 
‘‘$4,160,365,000 for each of fiscal years 2009 
through 2011, and $3,120,273,750 for the pe-
riod beginning on October 1, 2011, and ending 
on June 30, 2012,’’ and inserting ‘‘and 
$4,160,365,000 for each of fiscal years 2009 
through 2012’’; 
(C) in subparagraph (C) by striking 
‘‘$51,500,000 for each of fiscal years 2009 
through 2011, and $38,625,000 for the period 
beginning on October 1, 2011, and ending on 
June 
30, 
2012,’’ 
and 
inserting 
‘‘and 
$51,500,000 for each of fiscal years 2009 
through 2012’’; 
(D) in subparagraph (D) by striking 
‘‘$1,666,500,000 for each of fiscal years 2009 
through 2011, and $1,249,875,000 for the pe-
riod beginning on October 1, 2011, and ending 
on June 30, 2012,’’ and inserting ‘‘and 
$1,666,500,000 for each of fiscal years 2009 
through 2012’’; 
(E) in subparagraph (E) by striking 
‘‘$984,000,000 for each of fiscal years 2009 
through 2011, and $738,000,000 for the period 
beginning on October 1, 2011, and ending on
June 
30, 
2012,’’ 
and 
inserting 
‘‘and 
$984,000,000 for each of fiscal years 2009 
through 2012’’; 
(F) in subparagraph (F) by striking 
‘‘$133,500,000 for each of fiscal years 2009 
through 2011, and $100,125,000 for the period 
beginning on October 1, 2011, and ending on 
June 
30, 
2012,’’ 
and 
inserting 
‘‘and 
$133,500,000 for each of fiscal years 2009 
through 2012’’; 
(G) in subparagraph (G) by striking 
‘‘$465,000,000 for each of fiscal years 2009 
through 2011, and $348,750,000 for the period 
beginning on October 1, 2011, and ending on 
June 
30, 
2012,’’ 
and 
inserting 
‘‘and 
$465,000,000 for each of fiscal years 2009 
through 2012’’; 
(H) in subparagraph (H) by striking 
‘‘$164,500,000 for each of fiscal years 2009 
through 2011, and $123,375,000 for the period 
beginning on October 1, 2011, and ending on 
June 
30, 
2012,’’ 
and 
inserting 
‘‘and 
$164,500,000 for each of fiscal years 2009 
through 2012’’;
(I) in subparagraph (I) by striking 
‘‘$92,500,000 for each of fiscal years 2009 
through 2011, and $69,375,000 for the period 
beginning on October 1, 2011, and ending on 
June 
30, 
2012,’’ 
and 
inserting 
‘‘and 
$92,500,000 for each of fiscal years 2009 
through 2012’’; 
(J) in subparagraph (J) by striking 
‘‘$26,900,000 for each of fiscal years 2009 
through 2011, and $20,175,000 for the period 
beginning on October 1, 2011, and ending on 
June 
30, 
2012,’’ 
and 
inserting 
‘‘and 
$26,900,000 for each of fiscal years 2009 
through 2012’’; 
(K) in subparagraph (K) by striking ‘‘for 
each of fiscal years 2006 through 2011 and 
$2,625,000 for the period beginning on October 
1, 2011, and ending on June 30, 2012,’’ and 
inserting ‘‘for each of fiscal years 2006 through 
2012’’; 
(L) in subparagraph (L) by striking ‘‘for 
each of fiscal years 2006 through 2011 and 
$18,750,000 for the period beginning on Octo-
ber 1, 2011, and ending on June 30, 2012,’’
and inserting ‘‘for each of fiscal years 2006 
through 2012’’; 
(M) in subparagraph (M) by striking 
‘‘$465,000,000 for each of fiscal years 2009 
through 2011, and $348,750,000 for the period 
beginning on October 1, 2011, and ending on 
June 
30, 
2012,’’ 
and 
inserting 
‘‘and 
$465,000,000 for each of fiscal years 2009 
through 2012’’; and 
(N) in subparagraph (N) by striking 
‘‘$8,800,000 for each of fiscal years 2009 
through 2011, and $6,600,000 for the period 
beginning on October 1, 2011, and ending on 
June 30, 2012,’’ and inserting ‘‘and $8,800,000 
for each of fiscal years 2009 through 2012’’. 
(b) 
CAPITAL
INVESTMENT
GRANTS.—Section 
5338(c)(7) of title 49, United States Code, is amended 
to read as follows: 
‘‘(7) $1,955,000,000 for fiscal year 2012.’’. 
(c) RESEARCH AND UNIVERSITY RESEARCH CEN-
TERS.—Section 5338(d) of title 49, United States Code, 
is amended— 
(1) in paragraph (1), in the matter preceding 
subparagraph (A), by striking ‘‘through 2011, and 
$33,000,000 for the period beginning on October 1,
2011, and ending on June 30, 2012,’’ and inserting 
‘‘through 2011, and $44,000,000 for fiscal year 
2012,’’; and 
(2) by striking paragraph (3) and inserting the 
following: 
‘‘(3) ADDITIONAL AUTHORIZATIONS.— 
‘‘(A) RESEARCH.—Of amounts authorized 
to be appropriated under paragraph (1) for fis-
cal year 2012, the Secretary shall allocate for 
each of the activities and projects described in 
subparagraphs (A) through (F) of paragraph 
(1) an amount equal to 63 percent of the 
amount allocated for fiscal year 2009 under 
each such subparagraph. 
‘‘(B) UNIVERSITY CENTERS PROGRAM.— 
‘‘(i) FISCAL
YEAR
2012.—Of the 
amounts allocated under subparagraph 
(A)(i) for the university centers program 
under section 5506 for fiscal year 2012, 
the Secretary shall allocate for each pro-
gram described in clauses (i) through (iii) 
and (v) through (viii) of paragraph (2)(A) 
an amount equal to 63 percent of the 
amount allocated for fiscal year 2009 
under each such clause.
‘‘(ii) FUNDING.—If the Secretary de-
termines that a project or activity de-
scribed in paragraph (2) received sufficient 
funds in fiscal year 2011, or a previous fis-
cal year, to carry out the purpose for 
which the project or activity was author-
ized, the Secretary may not allocate any 
amounts under clause (i) for the project or 
activity for fiscal year 2012 or any subse-
quent fiscal year.’’. 
(d) ADMINISTRATION.—Section 5338(e)(7) of title 
49, United States Code, is amended to read as follows: 
‘‘(7) $98,713,000 for fiscal year 2012.’’. 
SEC. 137. AMENDMENTS TO SAFETEA–LU. 
(a) CONTRACTED
PARATRANSIT
PILOT.—Section 
3009(i)(1) of SAFETEA–LU (119 Stat. 1572) is amend-
ed by striking ‘‘2011 and the period beginning on October 
1, 2011, and ending on June 30, 2012,’’ and inserting 
‘‘2012,’’. 
(b) PUBLIC-PRIVATE
PARTNERSHIP
PILOT
PRO-
GRAM.—Section 3011 of SAFETEA–LU (49 U.S.C. 5309 
note; 119 Stat. 1588) is amended— 
(1) in subsection (c)(5) by striking ‘‘2011 and 
the period beginning on October 1, 2011, and ending 
on June 30, 2012’’ and inserting ‘‘2012’’; and
(2) in the second sentence of subsection (d) by 
striking ‘‘2011 and the period beginning on October 
1, 2011, and ending on June 30, 2012,’’ and insert-
ing ‘‘2012’’. 
(c) ELDERLY INDIVIDUALS AND INDIVIDUALS WITH 
DISABILITIES PILOT PROGRAM.—Section 3012(b)(8) of 
SAFETEA–LU (49 U.S.C. 5310 note; 119 Stat. 1593) 
is amended by striking ‘‘June 30, 2012’’ and inserting 
‘‘September 30, 2012’’. 
(d) OBLIGATION
CEILING.—Section 3040(8) of 
SAFETEA–LU (119 Stat. 1639) is amended to read as 
follows: 
‘‘(8) $10,458,278,000 for fiscal year 2012, of 
which not more than $8,360,565,000 shall be from 
the Mass Transit Account.’’. 
(e) PROJECT AUTHORIZATIONS
FOR NEW FIXED 
GUIDEWAY
CAPITAL
PROJECTS.—Section 
3043 
of 
SAFETEA–LU (119 Stat. 1640) is amended— 
(1) in subsection (b), in the matter preceding 
paragraph (1), by striking ‘‘2011 and the period be-
ginning on October 1, 2011, and ending on June 30, 
2012,’’ and inserting ‘‘2012’’; and 
(2) in subsection (c), in the matter preceding 
paragraph (1), by striking ‘‘2011 and the period be-
ginning on October 1, 2011, and ending on June 30, 
2012,’’ and inserting ‘‘2012’’. 
(f) ALLOCATIONS FOR NATIONAL RESEARCH AND 
TECHNOLOGY PROGRAMS.—Section 3046 of SAFETEA– 
LU (49 U.S.C. 5338 note; 119 Stat. 1706) is amended— 
(1) in subsection (b) by striking ‘‘fiscal year or 
period’’ and inserting ‘‘fiscal year’’; and 
(2) by striking subsection (c)(2) and inserting 
the following: 
‘‘(2) for fiscal year 2012, in amounts equal to 
63 percent of the amounts allocated for fiscal year 
2009 under each of paragraphs (2), (3), (5), and (8) 
through (25) of subsection (a).’’. 
Subtitle D—Highway Trust Fund 
Extension 
SEC. 141. EXTENSION OF HIGHWAY-RELATED TAXES. 
(a) IN GENERAL.— 
(1) Each of the following provisions of the In-
ternal Revenue Code of 1986 is amended by striking 
‘‘June 30, 2012’’ and inserting ‘‘September 30, 
2012’’: 
(A) Section 4041(a)(1)(C)(iii)(I). 
(B) Section 4041(m)(1)(B). 
(C) Section 4081(d)(1).
(2) Each of the following provisions of such 
Code is amended by striking ‘‘July 1, 2012’’ and in-
serting ‘‘October 1, 2012’’: 
(A) Section 4041(m)(1)(A). 
(B) Section 4051(c). 
(C) Section 4071(d). 
(D) Section 4081(d)(3). 
(b) FLOOR STOCKS REFUNDS.—Section 6412(a)(1) 
of such Code is amended— 
(1) by striking ‘‘July 1, 2012’’ each place it ap-
pears and inserting ‘‘October 1, 2012’’; 
(2) by striking ‘‘December 31, 2012’’ each 
place it appears and inserting ‘‘March 31, 2013’’; 
and 
(3) by striking ‘‘October 1, 2012’’ and inserting 
‘‘January 1, 2013’’. 
(c) EXTENSION
OF CERTAIN EXEMPTIONS.—Sec-
tions 4221(a) and 4483(i) of such Code are each amended 
by striking ‘‘July 1, 2012’’ and inserting ‘‘October 1, 
2012’’. 
(d) EXTENSION
OF
TRANSFERS
OF
CERTAIN 
TAXES.— 
(1) IN GENERAL.—Section 9503 of such Code 
is amended— 
(A) in subsection (b)—
(i) by striking ‘‘July 1, 2012’’ each 
place it appears in paragraphs (1) and (2) 
and inserting ‘‘October 1, 2012’’; 
(ii) by striking ‘‘JULY 1, 2012’’ in the 
heading of paragraph (2) and inserting 
‘‘OCTOBER 1, 2012’’; 
(iii) by striking ‘‘June 30, 2012’’ in 
paragraph (2) and inserting ‘‘September 
30, 2012’’; and 
(iv) by striking ‘‘April 1, 2013’’ in 
paragraph (2) and inserting ‘‘July 1, 
2013’’; and 
(B) in subsection (c)(2), by striking ‘‘April 
1, 2013’’ and inserting ‘‘July 1, 2013’’. 
(2) MOTORBOAT AND SMALL-ENGINE FUEL TAX 
TRANSFERS.— 
(A) IN
GENERAL.—Paragraphs (3)(A)(i) 
and (4)(A) of section 9503(c) of such Code are 
each amended by striking ‘‘July 1, 2012’’ and 
inserting ‘‘October 1, 2012’’. 
(B) CONFORMING AMENDMENTS TO LAND 
AND
WATER
CONSERVATION
FUND.—Section 
201(b) of the Land and Water Conservation 
Fund Act of 1965 (16 U.S.C. 460l–11(b)) is 
amended—
(i) by striking ‘‘July 1, 2013’’ each 
place it appears and inserting ‘‘October 1, 
2013’’; and 
(ii) by striking ‘‘July 1, 2012’’ and in-
serting ‘‘October 1, 2012’’. 
(e) TECHNICAL CORRECTION.—Paragraph (4) of sec-
tion 4482(c) of such Code is amended to read as follows: 
‘‘(4) TAXABLE PERIOD.—The term ‘taxable pe-
riod’ means any year beginning before July 1, 2013, 
and the period which begins on July 1, 2013, and 
ends at the close of September 30, 2013.’’. 
(f) EFFECTIVE DATE.— 
(1) IN GENERAL.—Except as provided in para-
graph (2), the amendments made by this section 
shall take effect on July 1, 2012. 
(2) TECHNICAL CORRECTION.—The amendment 
made by subsection (e) shall take effect as if in-
cluded in section 402 of the Surface Transportation 
Extension Act of 2012. 
SEC. 142. EXTENSION OF TRUST FUND EXPENDITURE AU-
THORITY. 
(a) HIGHWAY TRUST FUND.—Section 9503 of the 
Internal Revenue Code of 1986 is amended—
(1) by striking ‘‘July 1, 2012’’ in subsections 
(b)(6)(B), (c)(1), and (e)(3) and inserting ‘‘October 
1, 2012’’; and 
(2) by striking ‘‘Surface Transportation Exten-
sion Act of 2012’’ in subsections (c)(1) and (e)(3) 
and inserting ‘‘Surface Transportation Extension 
Act of 2012, Part II’’. 
(b) SPORT FISH RESTORATION AND BOATING TRUST 
FUND.—Section 9504 of such Code is amended— 
(1) by striking ‘‘Surface Transportation Exten-
sion Act of 2012’’ each place it appears in sub-
section (b)(2) and inserting ‘‘Surface Transportation 
Extension Act of 2012, Part II’’; and 
(2) by striking ‘‘July 1, 2012’’ in subsection 
(d)(2) and inserting ‘‘October 1, 2012’’. 
(c) LEAKING UNDERGROUND STORAGE TANK TRUST 
FUND.—Paragraph (2) of section 9508(e) of such Code 
is amended by striking ‘‘July 1, 2012’’ and inserting ‘‘Oc-
tober 1, 2012’’. 
(d) EFFECTIVE DATE.—The amendments made by 
this section shall take effect on July 1, 2012.
TITLE II—KEYSTONE XL 
PIPELINE 
SEC. 201. SHORT TITLE. 
This title may be cited as the ‘‘North American En-
ergy Access Act’’. 
SEC. 202. RESTRICTION. 
(a) IN GENERAL.—No person may construct, oper-
ate, or maintain the oil pipeline and related facilities de-
scribed in subsection (b) except in accordance with a per-
mit issued under this title. 
(b) PIPELINE.—The pipeline and related facilities re-
ferred to in subsection (a) are those described in the Final 
Environmental Impact Statement for the Keystone XL 
Pipeline Project issued by the Department of State on Au-
gust 26, 2011, including any modified version of that pipe-
line and related facilities. 
SEC. 203. PERMIT. 
(a) ISSUANCE.— 
(1) BY FERC.—The Federal Energy Regulatory 
Commission shall, not later than 30 days after re-
ceipt of an application therefor, issue a permit with-
out additional conditions for the construction, oper-
ation, and maintenance of the oil pipeline and re-
lated facilities described in section 202(b), to be im-
plemented in accordance with the terms of the Final
Environmental Impact Statement described in sec-
tion 202(b). The Commission shall not be required 
to prepare a Record of Decision under section 
1505.2 of title 40 of the Code of Federal Regula-
tions with respect to issuance of the permit provided 
for in this section. 
(2) ISSUANCE IN ABSENCE OF FERC ACTION.— 
If the Federal Energy Regulatory Commission has 
not acted on an application for a permit described 
in paragraph (1) within 30 days after receiving such 
application, the permit shall be deemed to have been 
issued under this title upon the expiration of such 
30-day period. 
(b) MODIFICATION.— 
(1) IN GENERAL.—The applicant for or holder 
of a permit described in subsection (a) may make a 
substantial modification to the pipeline route or any 
other term of the Final Environmental Impact 
Statement described in section 202(b) only with the 
approval of the Federal Energy Regulatory Commis-
sion. The Commission shall expedite consideration of 
any such modification proposal. 
(2) NEBRASKA
MODIFICATION.—Within 30 
days after the date of enactment of this Act, the 
Federal Energy Regulatory Commission shall enter
into a memorandum of understanding with the State 
of Nebraska for an effective and timely review under 
the National Environmental Policy Act of 1969 of 
any modification to the proposed pipeline route in 
Nebraska as proposed by the applicant for the per-
mit described in subsection (a). Not later than 30 
days after receiving approval of such proposed modi-
fication from the Governor of Nebraska, the Com-
mission shall complete consideration of and approve 
such modification. 
(3) ISSUANCE IN ABSENCE OF FERC ACTION.— 
If the Federal Energy Regulatory Commission has 
not acted on an application for approval of a modi-
fication described in paragraph (2) within 30 days 
after receiving such application, such modification 
shall be deemed to have been issued under this title 
upon expiration of the 30-day period. 
(4) CONSTRUCTION DURING CONSIDERATION OF 
NEBRASKA MODIFICATION.—While any modification 
of the proposed pipeline route in Nebraska is under 
consideration pursuant to paragraph (2), the holder 
of the permit issued under subsection (a) may com-
mence or continue with construction of any portion 
of the pipeline and related facilities described in sec-
tion 202(b) that is not within the State of Nebraska.
(c) NATIONAL ENVIRONMENTAL POLICY ACT
OF 
1969.—Except for actions taken under subsection (b)(1), 
the actions taken pursuant to this title shall be taken with-
out further action under the National Environmental Pol-
icy Act of 1969 (42 U.S.C. 4321 et seq.). 
SEC. 204. RELATION TO OTHER LAW. 
(a) GENERAL RULE.—Notwithstanding Executive 
Order No. 13337 (3 U.S.C. 301 note), Executive Order 
No. 11423 (3 U.S.C. 301 note), section 301 of title 3, 
United States Code, and any other Executive order or pro-
vision of law, no presidential permits shall be required for 
the construction, operation, and maintenance of the pipe-
line and related facilities described in section 202(b) of 
this Act. 
(b) APPLICABILITY.—Nothing in this title shall affect 
the application to the pipeline and related facilities de-
scribed in section 202(b) of— 
(1) chapter 601 of title 49, United States Code; 
or 
(2) the authority of the Federal Energy Regu-
latory Commission to regulate oil pipeline rates and 
services. 
(c) FINAL ENVIRONMENTAL IMPACT STATEMENT.— 
The final environmental impact statement issued by the 
Secretary of State on August 26, 2011, shall be considered
to satisfy all requirements of the National Environmental 
Policy Act of 1969 (42 U.S.C. 4321 et seq.). 
TITLE III—RESTORE ACT 
SEC. 301. SHORT TITLE. 
This title may be cited as the ‘‘Resources and Eco-
systems Sustainability, Tourist Opportunities, and Re-
vived Economies of the Gulf Coast States Act of 2012’’. 
SEC. 302. GULF COAST RESTORATION TRUST FUND. 
(a) ESTABLISHMENT.—There is established in the 
Treasury of the United States a trust fund to be known 
as the ‘‘Gulf Coast Restoration Trust Fund’’ (referred to 
in this section as the ‘‘Trust Fund’’), consisting of such 
amounts as are deposited in the Trust Fund under this 
section or any other provision of law. 
(b) TRANSFERS.—The Secretary of the Treasury 
shall deposit in the Trust Fund an amount equal to 80 
percent of all administrative and civil penalties paid by 
responsible parties after the date of enactment of this title 
in connection with the explosion on, and sinking of, the 
mobile offshore drilling unit Deepwater Horizon pursuant 
to a court order, negotiated settlement, or other instru-
ment in accordance with section 311 of the Federal Water 
Pollution Control Act (33 U.S.C. 1321). 
(c) EXPENDITURES.—Amounts in the Trust Fund, 
including interest earned on advances to the Trust Fund
and proceeds from investment under subsection (d), shall 
be available, pursuant to a future Act of Congress enacted 
after the date of enactment of this Act— 
(1) for expenditure to restore the Gulf Coast re-
gion from the Deepwater Horizon oil spill for under-
taking projects and programs in the Gulf Coast re-
gion that would restore and protect the natural re-
sources, ecosystems, fisheries, marine and wildlife 
habitats, beaches, coastal wetlands, and economy of 
the Gulf Coast region; and 
(2) solely to Gulf Coast States and coastal po-
litical subdivisions to restore the ecosystems and 
economy of the Gulf Coast region. 
(d) INVESTMENT.—Amounts in the Trust Fund shall 
be invested in accordance with section 9702 of title 31, 
United States Code, and any interest on, and proceeds 
from, any such investment shall be available for expendi-
ture in accordance with this section. 
(e) DEFINITIONS.—In this section: 
(1) COASTAL
POLITICAL
SUBDIVISION.—The 
term ‘‘coastal political subdivision’’ means any local 
political jurisdiction that is immediately below the 
State level of government, including a county, par-
ish, or borough, with a coastline that is contiguous
with any portion of the United States Gulf of Mex-
ico. 
(2) DEEPWATER
HORIZON
OIL
SPILL.—The 
term ‘‘Deepwater Horizon oil spill’’ means the blow-
out and explosion of the mobile offshore drilling unit 
Deepwater Horizon that occurred on April 20, 2010, 
and resulting hydrocarbon releases into the environ-
ment. 
(3) GULF
COAST
REGION.—The term ‘‘Gulf 
Coast region’’ means— 
(A) in the Gulf Coast States, the coastal 
zones (as that term is defined in section 304 of 
the Coastal Zone Management Act of 1972 (16 
U.S.C. 1453)) that border the Gulf of Mexico; 
(B) any adjacent land, water, and water-
sheds, that are within 25 miles of those coastal 
zones of the Gulf Coast States; and 
(C) all Federal waters in the Gulf of Mex-
ico. 
(4) GULF
COAST
STATE.—The term ‘‘Gulf 
Coast State’’ means any of the States of Alabama, 
Florida, Louisiana, Mississippi, and Texas.
TITLE IV—HARBOR 
MAINTENANCE PROGRAMS 
SEC. 401. FUNDING FOR HARBOR MAINTENANCE PRO-
GRAMS. 
(a) HARBOR MAINTENANCE TRUST FUND GUAR-
ANTEE.— 
(1) IN GENERAL.—The total budget resources 
for a fiscal year shall be equal to the level of receipts 
for harbor maintenance for that fiscal year. Such 
amounts shall be used only for harbor maintenance 
programs. 
(2) GUARANTEE.—No funds may be appro-
priated for harbor maintenance programs unless the 
amount under paragraph (1) has been provided for 
all such programs. 
(b) DEFINITIONS.—In this section, the following defi-
nitions apply: 
(1) HARBOR
MAINTENANCE
PROGRAMS.—The 
term ‘‘harbor maintenance programs’’ means ex-
penditures under section 9505(c)(1) of the Internal 
Revenue Code of 1986 (relating to expenditures 
from the Harbor Maintenance Trust Fund). 
(2) LEVEL OF RECEIPTS FOR HARBOR MAINTE-
NANCE.—The term ‘‘level of receipts for harbor 
maintenance’’ means the level of taxes credited to
the Harbor Maintenance Trust Fund under section 
9505(a)(1) of the Internal Revenue Code of 1986 
for a fiscal year as set forth in the President’s budg-
et baseline projection as defined in section 257 of 
the Balanced Budget and Emergency Deficit Control 
Act of 1985 (Public Law 99–177) for that fiscal 
year submitted pursuant to section 1105 of title 31, 
United States Code, reduced by the amount re-
quested in such President’s budget for payments de-
scribed in section 9505(c)(3) of the Internal Rev-
enue Code of 1986. 
(3) TOTAL
BUDGET
RESOURCES.—The term 
‘‘total budget resources’’ means the total amount 
made available by appropriations Acts from the Har-
bor Maintenance Trust Fund for a fiscal year for 
making expenditures under section 9505(c)(1) of the 
Internal Revenue Code of 1986. 
TITLE V—COAL COMBUSTION 
RESIDUALS 
SEC. 
501. 
HIGHWAY 
AND 
INFRASTRUCTURE 
SAFETY 
THROUGH THE PROTECTION OF COAL COM-
BUSTION RESIDUAL RECYCLING. 
(a) IN GENERAL.—Subtitle D of the Solid Waste Dis-
posal Act (42 U.S.C. 6941 et seq.) is amended by adding 
at the end the following new section:
‘‘SEC. 4011. MANAGEMENT AND DISPOSAL OF COAL COM-
BUSTION RESIDUALS. 
‘‘(a) STATE PERMIT PROGRAMS FOR COAL COMBUS-
TION RESIDUALS.—Each State may adopt and implement 
a coal combustion residuals permit program. 
‘‘(b) STATE ACTIONS.— 
‘‘(1) NOTIFICATION.—Not later than 6 months 
after the date of enactment of this section (except 
as provided by the deadline identified under sub-
section (d)(2)(B)), the Governor of each State shall 
notify the Administrator, in writing, whether such 
State will adopt and implement a coal combustion 
residuals permit program. 
‘‘(2) CERTIFICATION.— 
‘‘(A) IN
GENERAL.—Not later than 36 
months after the date of enactment of this sec-
tion (except as provided in subsections (f)(1)(A) 
and (f)(1)(C)), in the case of a State that has 
notified the Administrator that it will imple-
ment a coal combustion residuals permit pro-
gram, the head of the lead State agency respon-
sible for implementing the coal combustion re-
siduals permit program shall submit to the Ad-
ministrator a certification that such coal com-
bustion residuals permit program meets the 
specifications described in subsection (c)(1).
‘‘(B) CONTENTS.—A certification sub-
mitted under this paragraph shall include— 
‘‘(i) a letter identifying the lead State 
agency responsible for implementing the 
coal combustion residuals permit program, 
signed by the head of such agency; 
‘‘(ii) identification of any other State 
agencies involved with the implementation 
of the coal combustion residuals permit 
program; 
‘‘(iii) a narrative description that pro-
vides an explanation of how the State will 
ensure that the coal combustion residuals 
permit program meets the requirements of 
this section, including a description of the 
State’s— 
‘‘(I) process to inspect or other-
wise determine compliance with such 
permit program; 
‘‘(II) process to enforce the re-
quirements of such permit program; 
and 
‘‘(III) public participation proc-
ess for the promulgation, amendment, 
or repeal of regulations for, and the
issuance of permits under, such per-
mit program; 
‘‘(iv) a legal certification that the 
State has, at the time of certification, fully 
effective statutes or regulations necessary 
to implement a coal combustion residuals 
permit program that meets the specifica-
tions described in subsection (c)(1); and 
‘‘(v) copies of State statutes and regu-
lations described in clause (iv). 
‘‘(3) MAINTENANCE OF 4005(C) OR 3006 PRO-
GRAM.—In order to adopt or implement a coal com-
bustion residuals permit program under this section 
(including pursuant to subsection (f)), the State 
agency responsible for implementing a coal combus-
tion residuals permit program in a State shall main-
tain an approved program under section 4005(c) or 
an authorized program under section 3006. 
‘‘(c) PERMIT PROGRAM SPECIFICATIONS.— 
‘‘(1) MINIMUM REQUIREMENTS.—The specifica-
tions described in this subsection for a coal combus-
tion residuals permit program are as follows: 
‘‘(A) The revised criteria described in 
paragraph (2) shall apply to a coal combustion
residuals permit program, except as provided in 
paragraph (3). 
‘‘(B) Each structure shall be, in accord-
ance with generally accepted engineering stand-
ards for the structural integrity of such struc-
tures, designed, constructed, and maintained to 
provide for containment of the maximum vol-
umes of coal combustion residuals appropriate 
for the structure. If a structure is determined 
by the head of the agency responsible for imple-
menting the coal combustion residuals permit 
program to be deficient, the head of such agen-
cy has authority to require action to correct the 
deficiency according to a schedule determined 
by such agency. If the identified deficiency is 
not corrected according to such schedule, the 
head of such agency has authority to require 
that the structure close in accordance with sub-
section (h). 
‘‘(C) The coal combustion residuals permit 
program shall apply the revised criteria promul-
gated pursuant to section 4010(c) for location, 
design, groundwater monitoring, corrective ac-
tion, financial assurance, closure, and post-clo-
sure described in paragraph (2) and the speci-
fications described in this paragraph to surface 
impoundments. 
‘‘(D) If a structure that is classified as 
posing a high hazard potential pursuant to the 
guidelines published by the Federal Emergency 
Management Agency entitled ‘Federal Guide-
lines for Dam Safety: Hazard Potential Classi-
fication System for Dams’ (FEMA Publication 
Number 333) is determined by the head of the 
agency responsible for implementing the coal 
combustion residuals permit program to be defi-
cient with respect to the structural integrity re-
quirement in subparagraph (B), the head of 
such agency has authority to require action to 
correct the deficiency according to a schedule 
determined by such agency. If the identified de-
ficiency is not corrected according to such 
schedule, the head of such agency has authority 
to require that the structure close in accordance 
with subsection (h). 
‘‘(E) New structures that first receive coal 
combustion residuals after the date of enact-
ment of this section shall be constructed with a 
base located a minimum of two feet above the 
upper limit of the natural water table.
‘‘(F) In the case of a coal combustion re-
siduals permit program implemented by a 
State, the State has the authority to inspect 
structures and implement and enforce such per-
mit program. 
‘‘(G) In the case of a coal combustion re-
siduals permit program implemented by a 
State, the State has the authority to address 
wind dispersal of dust from coal combustion re-
siduals by requiring dust control measures, as 
determined appropriate by the head of the lead 
State agency responsible for implementing the 
coal combustion residuals permit program. 
‘‘(2) REVISED CRITERIA.—The revised criteria 
described in this paragraph are— 
‘‘(A) the revised criteria for design, 
groundwater monitoring, corrective action, clo-
sure, and post-closure, for structures, includ-
ing— 
‘‘(i) for new structures, and lateral ex-
pansions of existing structures, that first 
receive coal combustion residuals after the 
date of enactment of this section, the re-
vised criteria regarding design require-
ments described in section 258.40 of title 
40, Code of Federal Regulations; and 
‘‘(ii) for all structures that receive 
coal combustion residuals after the date of 
enactment of this section, the revised cri-
teria regarding groundwater monitoring 
and corrective action requirements de-
scribed in subpart E of part 258 of title 
40, Code of Federal Regulations, except 
that, for the purposes of this paragraph, 
such revised criteria shall also include— 
‘‘(I) for the purposes of detection 
monitoring, the constituents boron, 
chloride, conductivity, fluoride, mer-
cury, pH, sulfate, sulfide, and total 
dissolved solids; and 
‘‘(II) for the purposes of assess-
ment monitoring, the constituents alu-
minum, boron, chloride, fluoride, iron, 
manganese, molybdenum, pH, sulfate, 
and total dissolved solids; 
‘‘(B) the revised criteria for location re-
strictions described in— 
‘‘(i) for new structures, and lateral ex-
pansions of existing structures, that first
receive coal combustion residuals after the 
date of enactment of this section, sections 
258.11 through 258.15 of title 40, Code of 
Federal Regulations; and 
‘‘(ii) for existing structures that re-
ceive coal combustion residuals after the 
date of enactment of this section, sections 
258.11 and 258.15 of title 40, Code of 
Federal Regulations; 
‘‘(C) for all structures that receive coal 
combustion residuals after the date of enact-
ment of this section, the revised criteria for air 
quality described in section 258.24 of title 40, 
Code of Federal Regulations; 
‘‘(D) for all structures that receive coal 
combustion residuals after the date of enact-
ment of this section, the revised criteria for fi-
nancial assurance described in subpart G of 
part 258 of title 40, Code of Federal Regula-
tions; 
‘‘(E) for all structures that receive coal 
combustion residuals after the date of enact-
ment of this section, the revised criteria for sur-
face water described in section 258.27 of title 
40, Code of Federal Regulations;
‘‘(F) for all structures that receive coal 
combustion residuals after the date of enact-
ment of this section, the revised criteria for rec-
ordkeeping described in section 258.29 of title 
40, Code of Federal Regulations; 
‘‘(G) for landfills and other land-based 
units, other than surface impoundments, that 
receive coal combustion residuals after the date 
of enactment of this section, the revised criteria 
for run-on and run-off control systems de-
scribed in section 258.26 of title 40, Code of 
Federal Regulations; and 
‘‘(H) for surface impoundments that re-
ceive coal combustion residuals after the date of 
enactment of this section, the revised criteria 
for run-off control systems described in section 
258.26(a)(2) of title 40, Code of Federal Regu-
lations. 
‘‘(3) APPLICABILITY
OF
CERTAIN
REQUIRE-
MENTS.—A State may determine that one or more 
of the requirements of the revised criteria described 
in paragraph (2) is not needed for the management 
of coal combustion residuals in that State, and may 
decline to apply such requirement as part of its coal 
combustion residuals permit program. If a State de-
clines to apply a requirement under this paragraph, 
the State shall include in the certification under sub-
section (b)(2) a description of such requirement and 
the reasons such requirement is not needed in the 
State. If the Administrator determines that a State 
determination under this paragraph does not accu-
rately reflect the needs for the management of coal 
combustion residuals in the State, the Administrator 
may treat such State determination as a deficiency 
under subsection (d). 
‘‘(d) WRITTEN NOTICE AND OPPORTUNITY TO REM-
EDY.— 
‘‘(1) IN
GENERAL.—The Administrator shall 
provide to a State written notice and an opportunity 
to remedy deficiencies in accordance with paragraph 
(2) if at any time the State— 
‘‘(A) does not satisfy the notification re-
quirement under subsection (b)(1); 
‘‘(B) has not submitted a certification 
under subsection (b)(2); 
‘‘(C) does not satisfy the maintenance re-
quirement under subsection (b)(3); or 
‘‘(D) is not implementing a coal combus-
tion residuals permit program that meets the 
specifications described in subsection (c)(1).
‘‘(2) CONTENTS OF NOTICE; DEADLINE FOR RE-
SPONSE.—A notice provided under this subsection 
shall— 
‘‘(A) include findings of the Administrator 
detailing any applicable deficiencies in— 
‘‘(i) compliance by the State with the 
notification requirement under subsection 
(b)(1); 
‘‘(ii) compliance by the State with the 
certification requirement under subsection 
(b)(2); 
‘‘(iii) compliance by the State with the 
maintenance requirement under subsection 
(b)(3); and 
‘‘(iv) the State coal combustion re-
siduals permit program in meeting the 
specifications 
described 
in 
subsection 
(c)(1); and 
‘‘(B) identify, in collaboration with the 
State, a reasonable deadline, which shall be not 
sooner than 6 months after the State receives 
the notice, by which the State shall remedy the 
deficiencies detailed under subparagraph (A). 
‘‘(e) IMPLEMENTATION BY ADMINISTRATOR.—
‘‘(1) IN
GENERAL.—The Administrator shall 
implement a coal combustion residuals permit pro-
gram for a State only in the following cir-
cumstances: 
‘‘(A) If the Governor of such State notifies 
the Administrator under subsection (b)(1) that 
such State will not adopt and implement such 
a permit program. 
‘‘(B) If such State has received a notice 
under subsection (d) and, after any review 
brought by the State under section 7006, fails, 
by the deadline identified in such notice under 
subsection (d)(2)(B), to remedy the deficiencies 
detailed in such notice under subsection 
(d)(2)(A). 
‘‘(C) If such State informs the Adminis-
trator, in writing, that such State will no longer 
implement such a permit program. 
‘‘(2) REQUIREMENTS.—If the Administrator 
implements a coal combustion residuals permit pro-
gram for a State under paragraph (1), such permit 
program shall consist of the specifications described 
in subsection (c)(1). 
‘‘(3) ENFORCEMENT.—If the Administrator im-
plements a coal combustion residuals permit pro-
gram for a State under paragraph (1), the authori-
ties referred to in section 4005(c)(2)(A) shall apply 
with respect to coal combustion residuals and struc-
tures and the Administrator may use such authori-
ties to inspect, gather information, and enforce the 
requirements of this section in the State. 
‘‘(f) STATE CONTROL AFTER IMPLEMENTATION BY 
ADMINISTRATOR.— 
‘‘(1) STATE CONTROL.— 
‘‘(A) NEW ADOPTION AND IMPLEMENTA-
TION BY STATE.—For a State for which the 
Administrator is implementing a coal combus-
tion residuals permit program under subsection 
(e)(1)(A), the State may adopt and implement 
such a permit program by— 
‘‘(i) notifying the Administrator that 
the State will adopt and implement such a 
permit program; 
‘‘(ii) not later than 6 months after the 
date of such notification, submitting to the 
Administrator a certification under sub-
section (b)(2); and 
‘‘(iii) receiving from the Adminis-
trator—
‘‘(I) a determination that the 
State coal combustion residuals per-
mit program meets the specifications 
described in subsection (c)(1); and 
‘‘(II) a timeline for transition of 
control of the coal combustion residu-
als permit program. 
‘‘(B) REMEDYING DEFICIENT PERMIT PRO-
GRAM.—For a State for which the Adminis-
trator is implementing a coal combustion re-
siduals 
permit 
program 
under 
subsection 
(e)(1)(B), the State may adopt and implement 
such a permit program by— 
‘‘(i) remedying the deficiencies de-
tailed in the notice provided under sub-
section (d)(2)(A); and 
‘‘(ii) receiving from the Adminis-
trator— 
‘‘(I) a determination that the de-
ficiencies detailed in such notice have 
been remedied; and 
‘‘(II) a timeline for transition of 
control of the coal combustion residu-
als permit program.
‘‘(C) RESUMPTION
OF
IMPLEMENTATION 
BY STATE.—For a State for which the Adminis-
trator is implementing a coal combustion re-
siduals 
permit 
program 
under 
subsection 
(e)(1)(C), the State may adopt and implement 
such a permit program by— 
‘‘(i) notifying the Administrator that 
the State will adopt and implement such a 
permit program; 
‘‘(ii) not later than 6 months after the 
date of such notification, submitting to the 
Administrator a certification under sub-
section (b)(2); and 
‘‘(iii) receiving from the Adminis-
trator— 
‘‘(I) a determination that the 
State coal combustion residuals per-
mit program meets the specifications 
described in subsection (c)(1); and 
‘‘(II) a timeline for transition of 
control of the coal combustion residu-
als permit program. 
‘‘(2) REVIEW OF DETERMINATION.— 
‘‘(A) DETERMINATION
REQUIRED.—The 
Administrator shall make a determination
under paragraph (1) not later than 90 days 
after the date on which the State submits a cer-
tification 
under 
paragraph 
(1)(A)(ii) 
or 
(1)(C)(ii), or notifies the Administrator that the 
deficiencies have been remedied pursuant to 
paragraph (1)(B)(i), as applicable. 
‘‘(B) REVIEW.—A State may obtain a re-
view of a determination by the Administrator 
under paragraph (1) as if such determination 
was a final regulation for purposes of section 
7006. 
‘‘(3) IMPLEMENTATION DURING TRANSITION.— 
‘‘(A) EFFECT ON ACTIONS AND ORDERS.— 
Actions taken or orders issued pursuant to a 
coal combustion residuals permit program shall 
remain in effect if— 
‘‘(i) a State takes control of its coal 
combustion residuals permit program from 
the Administrator under paragraph (1); or 
‘‘(ii) the Administrator takes control 
of a coal combustion residuals permit pro-
gram from a State under subsection (e). 
‘‘(B) CHANGE
IN
REQUIREMENTS.—Sub-
paragraph (A) shall apply to such actions and 
orders until such time as the Administrator or
the head of the lead State agency responsible 
for implementing the coal combustion residuals 
permit program, as applicable— 
‘‘(i) implements changes to the re-
quirements of the coal combustion residu-
als permit program with respect to the 
basis for the action or order; or 
‘‘(ii) certifies the completion of a cor-
rective action that is the subject of the ac-
tion or order. 
‘‘(4) SINGLE
PERMIT
PROGRAM.—If a State 
adopts and implements a coal combustion residuals 
permit program under this subsection, the Adminis-
trator shall cease to implement the permit program 
implemented under subsection (e) for such State. 
‘‘(g) EFFECT ON DETERMINATION UNDER 4005(C) 
OR 3006.—The Administrator shall not consider the im-
plementation of a coal combustion residuals permit pro-
gram by the Administrator under subsection (e) in making 
a determination of approval for a permit program or other 
system of prior approval and conditions under section 
4005(c) or of authorization for a program under section 
3006. 
‘‘(h) CLOSURE.—If it is determined, pursuant to a 
coal combustion residuals permit program, that a struc-
ture should close, the time period and method for the clo-
sure of such structure shall be set forth in a closure plan 
that establishes a deadline for completion and that takes 
into account the nature and the site-specific characteris-
tics of the structure to be closed. In the case of a surface 
impoundment, the closure plan shall require, at a min-
imum, the removal of liquid and the stabilization of re-
maining waste, as necessary to support the final cover. 
‘‘(i) AUTHORITY.— 
‘‘(1) STATE AUTHORITY.—Nothing in this sec-
tion shall preclude or deny any right of any State to 
adopt or enforce any regulation or requirement re-
specting coal combustion residuals that is more 
stringent or broader in scope than a regulation or 
requirement under this section. 
‘‘(2) AUTHORITY OF THE ADMINISTRATOR.— 
‘‘(A) IN GENERAL.—Except as provided in 
subsection (e) of this section and section 6005 
of this title, the Administrator shall, with re-
spect to the regulation of coal combustion re-
siduals, defer to the States pursuant to this sec-
tion. 
‘‘(B) IMMINENT HAZARD.—Nothing in this 
section shall be construed to affect the author-
ity of the Administrator under section 7003 
with respect to coal combustion residuals. 
‘‘(C) TECHNICAL AND ENFORCEMENT AS-
SISTANCE
ONLY
UPON
REQUEST.—Upon re-
quest from the head of a lead State agency that 
is implementing a coal combustion residuals 
permit program, the Administrator may provide 
to such State agency only the technical or en-
forcement assistance requested. 
‘‘(3) CITIZEN SUITS.—Nothing in this section 
shall be construed to affect the authority of a person 
to commence a civil action in accordance with sec-
tion 7002. 
‘‘(j) MINE RECLAMATION ACTIVITIES.—A coal com-
bustion residuals permit program implemented under sub-
section (e) by the Administrator shall not apply to the uti-
lization, placement, and storage of coal combustion residu-
als at surface mining and reclamation operations. 
‘‘(k) DEFINITIONS.—In this section: 
‘‘(1) 
COAL
COMBUSTION
RESIDUALS.—The 
term ‘coal combustion residuals’ means— 
‘‘(A) the solid wastes listed in section 
3001(b)(3)(A)(i), including recoverable mate-
rials from such wastes;