I 
112TH CONGRESS 
1ST SESSION H. R. 2160 
To amend title 23, United States Code, to reauthorize and modify the surface 
transportation project delivery pilot program, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 14, 2011 
Ms. RICHARDSON (for herself and Mr. FILNER) introduced the following bill; 
which was referred to the Committee on Transportation and Infrastructure 
A BILL 
To amend title 23, United States Code, to reauthorize and 
modify the surface transportation project delivery pilot 
program, 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. 
This Act may be cited as the ‘‘Jobs Through Envi-
ronmental Safeguarding and Streamlining Act of 2011’’. 
SEC. 2. ADVANCED ACQUISITION OF REAL PROPERTY. 
Section 108 of title 23, United States Code, is 
amended— 
(1) in subsection (c)(2)(G) by striking ‘‘both 
the Secretary and the Administrator of the Environ-
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mental Protection Agency have concurred’’ and in-
serting ‘‘the Secretary has determined’’; and 
(2) by adding at the end the following: 
‘‘(d) CONSIDERATION OF LONG-RANGE TRANSPOR-
TATION NEEDS.—The Secretary is authorized to encour-
age States and other public authorities, where practicable, 
to acquire transportation rights-of-way that are sufficient 
to accommodate long-range transportation needs, where 
possible through the acquisition of broad rights-of-way 
that have the capacity for future expansion over a 50- to 
100-year period and that have the potential to accommo-
date one or more transportation modes.’’. 
SEC. 
3. 
EFFICIENT 
ENVIRONMENTAL 
REVIEWS 
FOR 
PROJECT DECISIONMAKING. 
(a) PROGRAMMATIC COMPLIANCE.—Section 139(b) 
of title 23, United States Code, is amended— 
(1) in paragraph (2) by inserting ‘‘, and any re-
quirements established under this section may be 
satisfied,’’ after ‘‘exercised’’; and 
(2) by adding at the end the following: 
‘‘(3) PROGRAMMATIC APPROACHES.—The Sec-
retary may modify the procedures developed under 
this section to encourage programmatic approaches 
and strategies with respect to environmental pro-
grams and permits.’’. 
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(b) DESIGNATION OF DOT MODAL ADMINISTRATION 
TO SERVE AS LEAD AGENCY.—Section 139(c)(1) of such 
title is amended by inserting ‘‘, acting through a single 
modal administration of the Department designated by the 
Secretary,’’ after ‘‘Department of Transportation’’. 
(c) PROJECT INITIATION.—Section 139(e) of such 
title is amended by adding at the end the following: ‘‘The 
project sponsor may satisfy this requirement by submit-
ting to the Secretary a draft notice for publication in the 
Federal Register announcing the preparation of an envi-
ronmental impact statement for the project that contains 
the information required under this subsection.’’. 
(d) COORDINATION PLAN.—Section 139(g)(1)(A) of 
such title is amended by striking ‘‘project or category of 
projects’’ and inserting ‘‘project, category of projects, or 
program of projects’’. 
(e) GUIDELINES.—Section 139 of such title is 
amended by adding at the end the following: 
‘‘(m) GUIDELINES.— 
‘‘(1) ISSUANCE.—The Secretary shall issue 
guidelines to assist States and local governmental 
entities in assuming an increased role under this 
section in— 
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‘‘(A) preparing environmental documents 
for projects under the National Environmental 
Policy Act of 1969; and 
‘‘(B) participating in agency consultation. 
‘‘(2) LIST OF STATE REPORTS.—The guidelines 
issued under paragraph (1) shall contain a list of 
State reports that may be adopted or used by the 
Secretary (or the Secretary’s designee) in satisfying 
requirements for projects under the National Envi-
ronmental Policy Act of 1969. 
‘‘(3) SOVEREIGN
IMMUNITY.—The guidelines 
issued under paragraph (1) shall specify the max-
imum extent to which a State or local government 
can participate in the environmental review process 
for a project without being subject to the jurisdiction 
of Federal courts with respect to such participa-
tion.’’. 
(f) RECIPROCITY AGREEMENTS.— 
(1) STUDY.—The Secretary shall conduct a 
study on the feasibility of entering into reciprocity 
agreements with States to maximize State participa-
tion in the environmental review process for projects 
(as defined in section 139 of such title) and the po-
tential benefits of such agreements in expediting 
project delivery. 
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(2) REPORT.—The Secretary shall submit to 
the Committee on Transportation and Infrastructure 
of the House of Representatives and the Committee 
on Environment and Public Works and the Com-
mittee on Banking, Housing, and Urban Affairs of 
the Senate a report on the results of the study. 
SEC. 4. SURFACE TRANSPORTATION PROJECT DELIVERY 
PROGRAM. 
(a) ASSUMPTION OF RESPONSIBILITY.— 
(1) 
ADDITIONAL
RESPONSIBILITY.—Section 
327(a)(2)(B)(ii)(I) of title 23, United States Code, 
is amended to read as follows: 
‘‘(I) responsibility for any con-
formity determination (other than a 
conformity determination for an indi-
vidual project) required under section 
176 of the Clean Air Act (42 U.S.C. 
7506); or’’. 
(2) HIGHWAY
PROJECTS
INVOLVING
MORE 
THAN ONE DOT MODAL ADMINISTRATION.—Section 
327(a)(2) of such title is amended by adding at the 
end the following: 
‘‘(F) 
HIGHWAY
PROJECTS
INVOLVING 
MORE
THAN
ONE
DOT
MODAL
ADMINISTRA-
TION.— 
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‘‘(i) TREATMENT OF PROJECTS.—For 
purposes of subparagraph (A), a project 
shall be treated as a ‘highway project’ if 
the Secretary determines that the Federal 
Highway Administration is the lead agency 
for the project. 
‘‘(ii) 
ASSIGNMENT
OF
AUTHORI-
TIES.—In the case of a highway project 
that involves the Federal Highway Admin-
istration and another modal administration 
of the Department of Transportation, the 
authorities of the Secretary that may be 
assigned to a State under this subsection 
shall include the authorities of the Sec-
retary that relate to the Federal Highway 
Administration and the other modal ad-
ministration.’’. 
(b) STATE PARTICIPATION.— 
(1) NUMBER OF PARTICIPATING STATES.—Sec-
tion 327(b)(1) of such title is amended to read as 
follows: 
‘‘(1) SELECTION OF PARTICIPATING STATES.— 
‘‘(A) IN
GENERAL.—The Secretary may 
permit any State that meets the selection cri-
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teria contained in paragraph (4) to participate 
in the program. 
‘‘(B) SPECIAL RULES.—Any State partici-
pating in the program on September 30, 
2009— 
‘‘(i) shall be permitted by the Sec-
retary to continue to participate in the pro-
gram; and 
‘‘(ii) shall not be required to submit 
an application under paragraph (2) in 
order to participate in the program.’’. 
(2) WRITTEN AGREEMENT.—Section 327(c) of 
such title is amended to read as follows: 
‘‘(c) WRITTEN AGREEMENT.— 
‘‘(1) IN GENERAL.—A written agreement under 
this section shall— 
‘‘(A) be executed by the Governor or the 
top-ranking transportation official in the State 
who is charged with responsibility for highway 
construction; 
‘‘(B) be in such form as the Secretary may 
prescribe; 
‘‘(C) provide that the State— 
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‘‘(2) EXCLUDED PROJECTS.—A written agree-
ment with a State under this section may include a 
list of projects in the State that are excluded from 
the program. The list shall be updated annually by 
mutual agreement between the Secretary and the 
State. 
‘‘(3) TERM.—A written agreement with a State 
under this section shall— 
‘‘(A) have a term of not more than 5 
years; and 
‘‘(B) be renewable. 
‘‘(4) USE OF PROJECT DELIVERY METHODS.— 
A written agreement with a State under this section 
may not impose on the State a limitation on the use 
of a project delivery method if the limitation would 
not otherwise apply to the State under this title or 
another provision of law. In this paragraph, the 
term ‘project delivery method’ includes the authority 
of a State to acquire rights-of-way and conduct final 
design work for a project with State funds on an at- 
risk basis prior to completion of the environmental 
review process for the project.’’. 
(3) AUDITS AND MONITORING.—Section 327(g) 
of such title is amended— 
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(A) in the subsection heading by inserting 
‘‘AND MONITORING’’ after ‘‘AUDITS’’; 
(B) by redesignating paragraph (2) as 
paragraph (3); 
(C) by inserting after paragraph (1) the 
following: 
‘‘(2) MONITORING.—If a State has been partici-
pating in the program pursuant to a written agree-
ment under subsection (c) for a period of 10 con-
secutive years, the Secretary may monitor compli-
ance by the State with the agreement instead of con-
ducting audits under paragraph (1). If a State, 
while participating in the monitoring program under 
this section, repeatedly fails to comply with all as-
pects of the written agreement under subsection (c), 
the Secretary shall commence the auditing process. 
The Secretary shall develop procedures for con-
ducting monitoring under this paragraph.’’; and 
(D) in paragraph (3) (as redesignated by 
subparagraph (B) of this paragraph) by insert-
ing after ‘‘paragraph (1)’’ the following: ‘‘, and 
the results of monitoring conducted under para-
graph (2),’’. 
(c) REPORT TO CONGRESS.—Section 327(h) of such 
title is amended to read as follows: 
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‘‘(h) REPORT TO CONGRESS.— 
‘‘(1) IN GENERAL.—Not later than 180 days 
after the date of enactment of the Jobs Through 
Environmental Safeguarding and Streamlining Act 
of 2011, and every 4 years thereafter, the Secretary 
shall make available to the public and submit to the 
Committee on Transportation and Infrastructure of 
the House of Representatives and the Committee on 
Environment and Public Works and the Committee 
on Banking, Housing, and Urban Affairs of the Sen-
ate a report on the results of the program. 
‘‘(2) CONTENTS.—For each reporting period, 
the report shall contain, at a minimum, the fol-
lowing: 
‘‘(A) An assessment of whether delays 
were reduced and project delivery was enhanced 
as a result of the program. 
‘‘(B) An assessment of whether there were 
cost savings for States participating in the pro-
gram and the Department of Transportation as 
a result of the program. 
‘‘(C) An assessment of whether environ-
mental concerns were protected and considered 
in States participating in the program at a level 
consistent with nonparticipating States. 
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‘‘(D) Recommendations for changes (if 
any) that could be made to enhance or improve 
the program. 
‘‘(E) An assessment of the impact and ef-
fectiveness of an environmental document qual-
ity control program of the transportation de-
partment of any State participating in the pro-
gram.’’. 
(d) ELIMINATION OF TERMINATION DATE.— 
(1) IN
GENERAL.—Section 327(i)(1) of such 
title is repealed. 
(2) CONFORMING AMENDMENTS.—Chapter 3 of 
such title is amended— 
(A) in section 327— 
(i) in the section heading by striking 
‘‘pilot’’; and 
(ii) in subsection (a) by striking 
‘‘pilot’’; and 
(B) in the chapter analysis by striking the 
item relating to section 327 and inserting the 
following: 
‘‘327. Surface transportation project delivery program.’’. 
Æ 
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