‘‘(B) coal combustion wastes that are co- 
managed with wastes produced in conjunction 
with the combustion of coal, provided that such 
wastes are not segregated and disposed of sepa-
rately from the coal combustion wastes and 
comprise a relatively small proportion of the 
total wastes being disposed in the structure; 
‘‘(C) fluidized bed combustion wastes; 
‘‘(D) wastes from the co-burning of coal 
with non-hazardous secondary materials pro-
vided that coal makes up at least 50 percent of 
the total fuel burned; and 
‘‘(E) wastes from the co-burning of coal 
with materials described in subparagraph (A) 
that are recovered from monofills. 
‘‘(2) COAL
COMBUSTION
RESIDUALS
PERMIT 
PROGRAM.—The term ‘coal combustion residuals 
permit program’ means a permit program or other 
system of prior approval and conditions that is 
adopted by or for a State for the management and 
disposal of coal combustion residuals to the extent 
such activities occur in structures in such State. 
‘‘(3) STRUCTURE.—The term ‘structure’ means 
a landfill, surface impoundment, or other land-based 
unit which may receive coal combustion residuals.
‘‘(4) REVISED
CRITERIA.—The term ‘revised 
criteria’ means the criteria promulgated for munic-
ipal solid waste landfill units under section 4004(a) 
and under section 1008(a)(3), as revised under sec-
tion 4010(c) in accordance with the requirement of 
such section that the criteria protect human health 
and the environment.’’. 
(b) 2000 REGULATORY DETERMINATION.—Nothing 
in this section, or the amendments made by this section, 
shall be construed to alter in any manner the Environ-
mental Protection Agency’s regulatory determination enti-
tled ‘‘Notice of Regulatory Determination on Wastes from 
the Combustion of Fossil Fuels’’, published at 65 Fed. 
Reg. 32214 (May 22, 2000), that the fossil fuel combus-
tion wastes addressed in that determination do not war-
rant regulation under subtitle C of the Solid Waste Dis-
posal Act (42 U.S.C. 6921 et seq.). 
(c) CONFORMING AMENDMENT.—The table of con-
tents contained in section 1001 of the Solid Waste Dis-
posal Act is amended by inserting after the item relating 
to section 4010 the following: 
‘‘Sec. 4011. Management and disposal of coal combustion residuals.’’.
TITLE VI—ENVIRONMENTAL 
STREAMLINING 
SEC. 601. AMENDMENTS TO TITLE 23, UNITED STATES 
CODE. 
Except as otherwise expressly provided, whenever in 
this title an amendment or repeal is expressed in terms 
of an amendment to, or a repeal of, a section or other 
provision, the reference shall be considered to be made to 
a section or other provision of title 23, United States 
Code. 
SEC. 602. DECLARATION OF POLICY. 
(a) 
EXPEDITED
PROJECT
DELIVERY.—Section 
101(b) is amended by adding at the end the following: 
‘‘(4) EXPEDITED
PROJECT
DELIVERY.—Con-
gress declares that it is in the national interest to 
expedite the delivery of surface transportation 
projects by substantially reducing the average length 
of the environmental review process. Accordingly, it 
is the policy of the United States that— 
‘‘(A) the Secretary shall have the lead role 
among Federal agencies in carrying out the en-
vironmental review process for surface transpor-
tation projects; 
‘‘(B) each Federal agency shall cooperate 
with the Secretary to expedite the environ-
mental review process for surface transpor-
tation projects; 
‘‘(C) there shall be a presumption that the 
mode, facility type, and corridor location for a 
surface transportation project will be deter-
mined in the transportation planning process, 
as established in sections 134 and 135 and sec-
tions 5303 and 5304 of title 49; 
‘‘(D) project sponsors shall not be prohib-
ited from carrying out pre-construction project 
development activities concurrently with the en-
vironmental review process; 
‘‘(E) programmatic approaches shall be 
used, to the maximum extent possible, to reduce 
the need for project-by-project reviews and deci-
sions by Federal agencies; and 
‘‘(F) the Secretary shall actively support 
increased opportunities for project sponsors to 
assume responsibilities of the Secretary in car-
rying out the environmental review process.’’. 
SEC. 603. EXEMPTION IN EMERGENCIES. 
If any road, highway, or bridge is in operation or 
under construction when damaged by an emergency de-
clared by the Governor of the State and concurred in by 
the Secretary, or declared by the President pursuant to
the Robert T. Stafford Disaster Relief and Emergency As-
sistance Act (42 U.S.C. 5121), and is reconstructed in the 
same location with the same capacity, dimensions, and de-
sign as before the emergency, then that reconstruction 
project shall be exempt from any further environmental 
reviews, approvals, licensing, and permit requirements 
under— 
(1) the National Environmental Policy Act of 
1969 (42 U.S.C. 4321 et seq.); 
(2) sections 402 and 404 of the Federal Water 
Pollution Control Act (33 U.S.C. 1342, 1344); 
(3) the National Historic Preservation Act (16 
U.S.C. 470 et seq.); 
(4) the Migratory Bird Treaty Act (16 U.S.C. 
703 et seq.); 
(5) the Wild and Scenic Rivers Act (16 U.S.C. 
1271 et seq.); 
(6) the Fish and Wildlife Coordination Act (16 
U.S.C. 661 et seq.); 
(7) the Endangered Species Act of 1973 (16 
U.S.C. 1531 et seq.), except when the reconstruction 
occurs in designated critical habitat for threatened 
and endangered species;
(8) Executive Order No. 11990 (42 U.S.C. 
4321 note; relating to the protection of wetlands); 
and 
(9) any Federal law (including regulations) re-
quiring no net loss of wetlands. 
SEC. 604. ADVANCE ACQUISITION OF REAL PROPERTY IN-
TERESTS. 
(a) REAL PROPERTY INTERESTS.—Section 108 is 
amended— 
(1) by striking ‘‘real property’’ each place it ap-
pears and inserting ‘‘real property interests’’; 
(2) by striking ‘‘right-of-way’’ each place it ap-
pears and inserting ‘‘real property interest’’; and 
(3) by striking ‘‘rights-of-way’’ each place it ap-
pears and inserting ‘‘real property interests’’. 
(b) STATE-FUNDED EARLY ACQUISITION OF REAL 
PROPERTY INTERESTS.—Section 108(c) is amended— 
(1) in the subsection heading by striking 
‘‘EARLY ACQUISITION OF RIGHTS-OF-WAY’’ and in-
serting ‘‘STATE-FUNDED EARLY ACQUISITION
OF 
REAL PROPERTY INTERESTS’’; 
(2) by redesignating paragraphs (1) and (2) as 
paragraphs (2) and (3), respectively; 
(3) in paragraph (2), as redesignated—
(A) in the heading by striking ‘‘GENERAL 
RULE’’ and inserting ‘‘ELIGIBILITY FOR REIM-
BURSEMENT’’; and 
(B) by striking ‘‘Subject to paragraph (2)’’ 
and inserting ‘‘Subject to paragraph (3)’’; 
(4) by inserting before paragraph (2), as redes-
ignated, the following: 
‘‘(1) IN GENERAL.—A State may carry out, at 
the expense of the State, acquisitions of interests in 
real property for a project before completion of the 
review process required for the project under the 
National Environmental Policy Act of 1969 (42 
U.S.C. 4321 et seq.) without affecting subsequent 
approvals required for the project by the State or 
any Federal agency.’’; and 
(5) in paragraph (3), as redesignated— 
(A) in the matter preceding subparagraph 
(A) by striking ‘‘in paragraph (1)’’ and insert-
ing ‘‘in paragraph (2)’’; and 
(B) in subparagraph (G) by striking ‘‘both 
the Secretary and the Administrator of the En-
vironmental Protection Agency have concurred’’ 
and inserting ‘‘the Secretary has determined’’.
(c) FEDERALLY FUNDED ACQUISITION
OF REAL 
PROPERTY INTERESTS.—Section 108 is further amended 
by adding at the end the following: 
‘‘(d) FEDERALLY FUNDED EARLY ACQUISITION OF 
REAL PROPERTY INTERESTS.— 
‘‘(1) IN GENERAL.—The Secretary may author-
ize the use of Federal funds for the acquisition of 
a real property interest by a State. For purposes of 
this subsection, an acquisition of a real property in-
terest includes the acquisition of any interest in 
land, including the acquisition of a contractual right 
to acquire any interest in land, or any other similar 
action to acquire or preserve rights-of-way for a 
transportation facility. 
‘‘(2) STATE CERTIFICATION.—A State request-
ing Federal funding for an acquisition of a real 
property interest shall certify in writing that— 
‘‘(A) the State has authority to acquire the 
real property interest under State law; 
‘‘(B) the acquisition of the real property 
interest is for a transportation purpose; and 
‘‘(C) the State acknowledges that early ac-
quisition will not be considered by the Secretary 
in the environmental assessment of a project, 
the decision relative to the need to construct a
project, or the selection of a project design or 
location. 
‘‘(3) ENVIRONMENTAL
COMPLIANCE.—Before 
authorizing Federal funding for an acquisition of a 
real property interest, the Secretary shall complete 
for the acquisition the review process under the Na-
tional Environmental Policy Act of 1969 (42 U.S.C. 
4321 et seq.). For purposes of the review process, 
the acquisition of a real property interest shall be 
treated as having independent utility and does not 
limit consideration of alternatives for future trans-
portation improvements with respect to the real 
property interest. 
‘‘(4) PROGRAMMING.—The acquisition of a real 
property interest for which Federal funding is re-
quested shall be included as a project in an applica-
ble transportation improvement program under sec-
tions 134 and 135 and sections 5303 and 5304 of 
title 49. The acquisition project may be included in 
the transportation improvement program on its own, 
without including the future construction project for 
which the real property interest is being acquired. 
The acquisition project may consist of the acquisi-
tion of a specific parcel, a portion of a transpor-
tation corridor, or an entire transportation corridor.
‘‘(5) OTHER REQUIREMENTS.—The acquisition 
of a real property interest shall be carried out in 
compliance with all requirements applicable to the 
acquisition of real property interests for federally 
funded transportation projects. 
‘‘(e) CONSIDERATION OF LONG-RANGE TRANSPOR-
TATION NEEDS.—The Secretary shall encourage States 
and other public authorities, if practicable, to acquire 
transportation real property interests that are sufficient 
to accommodate long-range transportation needs and, if 
possible, to do so through the acquisition of broad real 
property interests that have the capacity for expansion 
over a 50- to 100-year period and the potential to accom-
modate one or more transportation modes.’’. 
SEC. 605. STANDARDS. 
Section 109 is amended by adding at the end the fol-
lowing: 
‘‘(r) UNDERTAKING DESIGN ACTIVITIES BEFORE 
COMPLETION OF ENVIRONMENTAL REVIEW PROCESS.— 
‘‘(1) IN GENERAL.—A State may carry out, at 
the expense of the State, design activities at any 
level of detail for a project before completion of the 
review process required for the project under the 
National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.) without affecting subsequent 
approvals of the project. 
‘‘(2) ELIGIBILITY FOR REIMBURSEMENT.—Sub-
ject to paragraph (3), funds apportioned to a State 
under this title may be used to participate in the 
payment of costs incurred by the State for design 
activities, if the results of the activities are subse-
quently incorporated (in whole or in substantial 
part) into a project eligible for surface transpor-
tation program funds. 
‘‘(3) TERMS
AND
CONDITIONS.—The Federal 
share payable of the costs described in paragraph 
(2) shall be eligible for reimbursement out of funds 
apportioned to a State under this title when the de-
sign activities are incorporated (in whole or in sub-
stantial part) into a project eligible for surface 
transportation program funds, if the State dem-
onstrates to the Secretary and the Secretary finds 
that— 
‘‘(A) before the time that the cost incurred 
by a State is approved for Federal participa-
tion, environmental compliance pursuant to the 
National Environmental Policy Act of 1969 (42 
U.S.C. 4321 et seq.) has been completed for the
project for which the design activities were con-
ducted by the State; and 
‘‘(B) the design activities conducted pursu-
ant to this subsection did not preclude the con-
sideration of alternatives to the project.’’. 
SEC. 606. LETTING OF CONTRACTS. 
(a) BIDDING REQUIREMENTS.—Section 112(b)(1) is 
amended to read as follows: 
‘‘(1) IN GENERAL.— 
‘‘(A) COMPETITIVE
BIDDING
REQUIRE-
MENT.—Subject to paragraphs (2), (3), and 
(4), construction of each project, subject to the 
provisions of subsection (a), shall be performed 
by contract awarded by competitive bidding, un-
less the State transportation department dem-
onstrates, to the satisfaction of the Secretary, 
that some other method is more cost effective 
or that an emergency exists. 
‘‘(B) BASIS OF AWARD.— 
‘‘(i) IN GENERAL.—Contracts for the 
construction of each project shall be 
awarded only on the basis of the lowest re-
sponsive bid submitted by a bidder meeting 
established criteria of responsibility.
‘‘(ii) PROHIBITION.—No requirement 
or obligation shall be imposed as a condi-
tion precedent to the award of a contract 
to such bidder for a project, or to the Sec-
retary’s concurrence in the award of a con-
tract to such bidder, unless such require-
ment or obligation is otherwise lawful and 
is specifically set forth in the advertised 
specifications.’’. 
(b) 
DESIGN-BUILD
CONTRACTING.—Section 
112(b)(3) is amended— 
(1) in subparagraph (A) by striking ‘‘subpara-
graph (C)’’ and inserting ‘‘subparagraph (B)’’; 
(2) by striking subparagraph (B); 
(3) by redesignating subparagraphs (C) through 
(E) as subparagraphs (B) through (D), respectively; 
and 
(4) in subparagraph (C), as redesignated— 
(A) in the matter preceding clause (i) by 
striking ‘‘of the SAFETEA-LU’’ and inserting 
‘‘of the Surface Transportation Extension Act 
of 2012, Part II’’; 
(B) in clause (ii) by striking ‘‘and’’ at the 
end; 
(C) in clause (iii)—
(i) by striking ‘‘final design or’’; and 
(ii) by striking the period at the end 
and inserting ‘‘; and’’; and 
(D) by adding at the end the following: 
‘‘(iv) permit the State transportation 
department, the local transportation agen-
cy, and the design-build contractor to pro-
ceed, at the expense of one or more of 
those entities, with design activities at any 
level of detail for a project before comple-
tion of the review process required for the 
project under the National Environmental 
Policy Act of 1969 (42 U.S.C. 4321 et 
seq.) without affecting subsequent approv-
als required for the project. Design activi-
ties carried out under this clause shall be 
eligible for Federal reimbursement as a 
project expense in accordance with the re-
quirements under section 109(r).’’. 
(c) EFFICIENCIES IN CONTRACTING.—Section 112(b) 
is amended by adding at the end the following: 
‘‘(4) METHOD OF CONTRACTING.— 
‘‘(A) IN GENERAL.— 
‘‘(i) TWO-PHASE CONTRACT.—A con-
tracting agency may award a two-phase
contract for preconstruction and construc-
tion services. 
‘‘(ii) PRE-CONSTRUCTION
SERVICES 
PHASE.—In the pre-construction services 
phase, the contractor shall provide the con-
tracting agency with advice for scheduling, 
work 
sequencing, 
cost 
engineering, 
constructability, cost estimating, and risk 
identification. 
‘‘(iii) 
AGREEMENT.—Prior 
to 
the 
start of the construction services phase, 
the contracting agency and the contractor 
may agree to a price and other factors 
specified in regulation for the construction 
of the project or a portion of the project. 
‘‘(iv) CONSTRUCTION
PHASE.—If an 
agreement is reached under clause (iii), the 
contractor shall be responsible for the con-
struction of the project or portion of the 
project at the negotiated price and other 
factors specified in regulation. 
‘‘(B) SELECTION.—A contract shall be 
awarded to a contractor using a competitive se-
lection process based on qualifications, experi-
ence, best value, or any other combination of
factors considered appropriate by the con-
tracting agency. 
‘‘(C) TIMING.— 
‘‘(i) RELATIONSHIP
TO
NEPA
PROC-
ESS.—Prior to the completion of the proc-
ess required under section 102 of the Na-
tional Environmental Policy Act of 1969 
(42 U.S.C. 4332), a contracting agency 
may— 
‘‘(I) issue requests for proposals; 
‘‘(II) proceed with the award of a 
contract for preconstruction services 
under subparagraph (A); and 
‘‘(III) issue notices to proceed 
with a preliminary design and any 
work related to preliminary design. 
‘‘(ii) 
PRECONSTRUCTION
SERVICES 
PHASE.—If the preconstruction services 
phase of a contract under subparagraph 
(A)(ii) focuses primarily on one alternative, 
the Secretary shall require that the con-
tract include appropriate provisions to 
achieve the objectives of section 102 of the 
National Environmental Policy Act of 
1969 (42 U.S.C. 4332) and comply with
other applicable Federal laws and regula-
tions. 
‘‘(iii) 
CONSTRUCTION
SERVICES 
PHASE.—A contracting agency may not 
proceed with the award of the construction 
services phase of a contract under subpara-
graph (A)(iv) and may not proceed, or per-
mit any consultant or contractor to pro-
ceed, with construction until completion of 
the process required under section 102 of 
the National Environmental Policy Act of 
1969 (42 U.S.C. 4332). 
‘‘(iv) 
APPROVAL
REQUIREMENT.— 
Prior to authorizing construction activities, 
the Secretary shall approve the contracting 
agency’s price estimate for the entire 
project, as well as any price agreement 
with the general contractor for the project 
or a portion of the project. 
‘‘(v) DESIGN
ACTIVITIES.—A con-
tracting agency may proceed, at its ex-
pense, with design activities at any level of 
detail for a project before completion of 
the review process required for the project 
under the National Environmental Policy
Act of 1969 (42 U.S.C. 4321 et seq.) with-
out affecting subsequent approvals re-
quired for the project. Design activities 
carried out under this clause shall be eligi-
ble for Federal reimbursement as a project 
expense in accordance with the require-
ments under section 109(r).’’. 
SEC. 607. ELIMINATION OF DUPLICATION IN HISTORIC 
PRESERVATION REQUIREMENTS. 
(a) PRESERVATION OF PARKLANDS.—Section 138 is 
amended by adding at the end the following: 
‘‘(c) ELIMINATION OF DUPLICATION FOR HISTORIC 
SITES AND PROPERTIES.—The requirements of this sec-
tion shall be considered to be satisfied for an historic site 
or property where its treatment has been agreed upon in 
a memorandum of agreement by invited and mandatory 
signatories, including the Advisory Council on Historic 
Preservation, if participating, in accordance with section 
106 of the National Historic Preservation Act (16 U.S.C. 
470f).’’. 
(b) POLICY ON LANDS, WILDLIFE AND WATERFOWL 
REFUGES, AND HISTORIC SITES.—Section 303 of title 49, 
United States Code, is amended by adding at the end the 
following:
‘‘(e) ELIMINATION OF DUPLICATION FOR HISTORIC 
SITES AND PROPERTIES.—The requirements of this sec-
tion shall be considered to be satisfied for an historic site 
or property where its treatment has been agreed upon in 
a memorandum of agreement by invited and mandatory 
signatories, including the Advisory Council on Historic 
Preservation, if participating, in accordance with section 
106 of the National Historic Preservation Act (16 U.S.C. 
470f).’’. 
SEC. 608. FUNDING THRESHOLD. 
Section 139(b) is amended by adding at the end the 
following: 
‘‘(3) FUNDING THRESHOLD.—The Secretary’s 
approval of a project receiving funds under this title 
or under chapter 53 of title 49 shall not be consid-
ered a Federal action for the purposes of the Na-
tional Environmental Policy Act of 1969 if such 
funds— 
‘‘(A) constitute 15 percent or less of the 
total estimated project costs; or 
‘‘(B) are less than $10,000,000.’’. 
SEC. 609. EFFICIENT ENVIRONMENTAL REVIEWS FOR 
PROJECT DECISIONMAKING. 
(a) FLEXIBILITY.—Section 139(b) is further amend-
ed—
(1) in paragraph (2) by inserting ‘‘, and any re-
quirements established in this section may be satis-
fied,’’ after ‘‘exercised’’; and 
(2) by adding after paragraph (3), as added by 
this Act, the following: 
‘‘(4) PROGRAMMATIC COMPLIANCE.—At the re-
quest of a State, the Secretary may modify the pro-
cedures developed under this section to encourage 
programmatic approaches and strategies with re-
spect to environmental programs and permits (in 
lieu of project-by-project reviews).’’. 
(b) FEDERAL LEAD AGENCY.—Section 139(c) is 
amended— 
(1) in paragraph (1) by adding at the end the 
following: ‘‘If the project requires approval from 
more than one modal administration within the De-
partment, the Secretary shall designate a single 
modal administration to serve as the Federal lead 
agency for the Department in the environmental re-
view process for the project.’’; 
(2) in paragraph (3) by inserting ‘‘or other ap-
provals by the Secretary’’ after ‘‘chapter 53 of title 
49’’; and 
(3) by striking paragraph (5) and inserting the 
following:
‘‘(5) ADOPTION
AND
USE
OF
DOCUMENTS.— 
Any environmental document prepared in accordance 
with this subsection shall be adopted and used by 
any Federal agency in making any approval of a 
project subject to this section as the document re-
quired to be completed under the National Environ-
mental Policy Act of 1969.’’. 
(c) PARTICIPATING AGENCIES.— 
(1) 
EFFECT
OF
DESIGNATION.—Section 
139(d)(4) is amended to read as follows: 
‘‘(4) EFFECT OF DESIGNATION.— 
‘‘(A) 
REQUIREMENT.—A 
participating 
agency shall comply with the requirements of 
this section and any schedule established under 
this section. 
‘‘(B) IMPLICATION.—Designation as a par-
ticipating agency under this subsection shall not 
imply that the participating agency— 
‘‘(i) supports a proposed project; or 
‘‘(ii) has any jurisdiction over, or spe-
cial expertise with respect to evaluation of, 
the project.’’. 
(2) CONCURRENT REVIEWS.—Section 139(d)(7) 
is amended to read as follows:
‘‘(7) CONCURRENT
REVIEWS.—Each partici-
pating agency and cooperating agency shall— 
‘‘(A) carry out obligations of that agency 
under other applicable law concurrently, and in 
conjunction, with the review required under the 
National Environmental Policy Act of 1969 (42 
U.S.C. 4321 et seq.); and 
‘‘(B) formulate and implement administra-
tive, policy, and procedural mechanisms to en-
able the agency to ensure completion of the en-
vironmental review process in a timely, coordi-
nated, and environmentally responsible man-
ner.’’. 
(d) PROJECT INITIATION.—Section 139(e) is amend-
ed by adding at the end the following: ‘‘The project spon-
sor may satisfy this requirement by submitting to the Sec-
retary a draft notice for publication in the Federal Reg-
ister announcing the preparation of an environmental im-
pact statement for the project.’’. 
(e) ALTERNATIVES ANALYSIS.—Section 139(f) is 
amended— 
(1) in paragraph (4)— 
(A) by amending subparagraph (B) to read 
as follows: 
‘‘(B) RANGE OF ALTERNATIVES.—
‘‘(i) IN GENERAL.—Following partici-
pation under paragraph (1), the lead agen-
cy shall determine the range of alternatives 
for consideration in any document which 
the lead agency is responsible for pre-
paring for the project. 
‘‘(ii) LIMITATION.—The range of al-
ternatives shall be limited to alternatives 
that are consistent with the transportation 
mode and general design of the project de-
scribed in the long-range transportation 
plan or transportation improvement pro-
gram prepared pursuant to section 134 or 
135 or section 5303 or 5304 of title 49. 
‘‘(iii) RESTRICTION.—A Federal agen-
cy may not require the evaluation of any 
alternative that was evaluated, but not 
adopted— 
‘‘(I) in any prior State or Fed-
eral environmental document with re-
gard to the applicable long-range 
transportation plan or transportation 
improvement program; or 
‘‘(II) after the preparation of a 
programmatic or tiered environmental
document that evaluated alternatives 
to the project. 
‘‘(iv) LEGAL SUFFICIENCY.—The eval-
uation of the range of alternatives shall be 
deemed legally sufficient if the environ-
mental document complies with the re-
quirements of this paragraph.’’; 
(B) in subparagraph (C)— 
(i) by striking ‘‘(C) METHODOLO-
GIES.—The lead agency’’ and inserting the 
following: 
‘‘(C) METHODOLOGIES.— 
‘‘(i) IN GENERAL.—The lead agency’’; 
(ii) by striking ‘‘in collaboration with 
participating agencies at appropriate times 
during the study process’’ and inserting 
‘‘after 
consultation 
with 
participating 
agencies as part of the scoping process’’; 
and 
(iii) by adding at the end the fol-
lowing: 
‘‘(ii) COMMENTS.—Each participating 
agency shall limit comments on such meth-
odologies to those issues that are within
the authority and expertise of such partici-
pating agency. 
‘‘(iii) STUDIES.—The lead agency may 
not conduct studies proposed by any par-
ticipating agency that are not within the 
authority or expertise of such participating 
agency.’’; and 
(C) by adding at the end the following: 
‘‘(E) LIMITATIONS
ON
THE
EVALUATION 
OF IMPACTS EVALUATED IN PRIOR ENVIRON-
MENTAL DOCUMENTS.— 
‘‘(i) IN GENERAL.—The lead agency 
may not reevaluate, and a Federal agency 
may not require the reevaluation of, cumu-
lative impacts or growth-inducing impacts 
where such impacts were previously evalu-
ated in— 
‘‘(I) a long-range transportation 
plan or transportation improvement 
program developed pursuant to sec-
tion 134 or 135 or section 5303 or 
5304 of title 49; 
‘‘(II) a prior environmental docu-
ment approved by the Secretary; or
‘‘(III) a prior State environ-
mental document approved pursuant 
to a State law that is substantially 
equivalent to section 102(2)(C) of the 
National Environmental Policy Act of 
1969 (42 U.S.C. 4332(2)(C)). 
‘‘(ii) LEGAL SUFFICIENCY.—The eval-
uation of cumulative impacts and growth 
inducing impacts shall be deemed legally 
sufficient if the environmental document 
complies with the requirements of this 
paragraph.’’; and 
(2) by adding at the end the following: 
‘‘(5) EFFECTIVE DECISIONMAKING.— 
‘‘(A) CONCURRENCE.—At the discretion of 
the lead agency, a participating agency shall be 
presumed to concur in the determinations made 
by the lead agency under this subsection unless 
the participating agency submits an objection to 
the lead agency in writing within 30 days after 
receiving notice of the lead agency’s determina-
tion and specifies the statutory basis for the ob-
jection. 
‘‘(B) ADOPTION OF DETERMINATION.—If 
the participating agency concurs or does not ob-
ject within the 30-day period, the participating 
agency shall adopt the lead agency’s determina-
tion for purposes of any reviews, approvals, or 
other actions taken by the participating agency 
as part of the environmental review process for 
the project.’’. 
(f) COORDINATION PLAN.—Section 139(g) is amend-
ed— 
(1) in paragraph (1)(A) by striking ‘‘project or 
category of projects’’ and inserting ‘‘project, cat-
egory of projects, or program of projects’’; 
(2) by amending paragraph (3) to read as fol-
lows: 
‘‘(3) 
DEADLINES
FOR
DECISIONS
UNDER 
OTHER LAWS.— 
‘‘(A) PRIOR
APPROVAL
DEADLINE.—If a 
participating agency is required to make a de-
termination regarding or otherwise approve or 
disapprove the project prior to the record of de-
cision or finding of no significant impact of the 
lead agency, such participating agency shall 
make such determination or approval not later 
than 30 days after the lead agency publishes 
notice of the availability of a final environ-
mental impact statement or other final environ-
mental document, or not later than such other 
date that is otherwise required by law, which-
ever occurs first. 
‘‘(B) OTHER DEADLINES.—With regard to 
any determination or approval of a partici-
pating agency that is not subject to subpara-
graph (A), each participating agency shall make 
any required determination regarding or other-
wise approve or disapprove the project not later 
than 90 days after the date that the lead agen-
cy approves the record of decision or finding of 
no significant impact for the project, or not 
later than such other date that is otherwise re-
quired by law, whichever occurs first. 
‘‘(C) DEEMED
APPROVED.—In the event 
that any participating agency fails to make a 
determination or approve or disapprove the 
project within the applicable deadline described 
in subparagraphs (A) and (B), the project shall 
be deemed approved by such participating agen-
cy, and such approval shall be deemed to com-
ply with the applicable requirements of Federal 
law. 
‘‘(D) WRITTEN FINDING.—The Secretary 
may issue a written finding verifying the ap-
proval made in accordance with this para-
graph.’’; and 
(3) by striking paragraph (4). 
(g) ISSUE IDENTIFICATION AND RESOLUTION.—Sec-
tion 139(h)(4) is amended by adding at the end the fol-
lowing: 
‘‘(C) RESOLUTION FINAL.— 
‘‘(i) IN GENERAL.—The lead agency 
and participating agencies may not recon-
sider the resolution of any issue agreed to 
by the relevant agencies in a meeting 
under subparagraph (A). 
‘‘(ii) COMPLIANCE WITH APPLICABLE 
LAW.—Any 
such 
resolution 
shall 
be 
deemed to comply with applicable law not-
withstanding that the agencies agreed to 
such resolution prior to the approval of the 
environmental document.’’. 
(h) STREAMLINED DOCUMENTATION AND DECISION-
MAKING.—Section 139 is amended— 
(1) by redesignating subsections (i) through (l) 
as subsections (k) through (n), respectively; and 
(2) by inserting after subsection (h) the fol-
lowing:
‘‘(i) STREAMLINED DOCUMENTATION AND DECISION-
MAKING.— 
‘‘(1) IN GENERAL.—The lead agency in the en-
vironmental review process for a project, in order to 
reduce paperwork and expedite decisionmaking, shall 
prepare a condensed final environmental impact 
statement. 
‘‘(2) CONDENSED FORMAT.—A condensed final 
environmental impact statement for a project in the 
environmental review process shall consist only of— 
‘‘(A) an incorporation by reference of the 
draft environmental impact statement; 
‘‘(B) any updates to specific pages or sec-
tions of the draft environmental impact state-
ment as appropriate; and 
‘‘(C) responses to comments on the draft 
environmental impact statement and copies of 
the comments. 
‘‘(3) TIMING
OF
DECISION.—Notwithstanding 
any other provision of law, in conducting the envi-
ronmental review process for a project, the lead 
agency shall combine a final environmental impact 
statement and a record of decision for the project 
into a single document if—
‘‘(A) the alternative approved in the record 
of decision is either a preferred alternative that 
was identified in the draft environmental im-
pact statement or is a modification of such pre-
ferred alternative that was developed in re-
sponse to comments on the draft environmental 
impact statement; 
‘‘(B) the Secretary has received a certifi-
cation from a State under section 128, if such 
a certification is required for the project; and 
‘‘(C) the Secretary determines that the 
lead agency, participating agency, or the project 
sponsor has committed to implement the meas-
ures applicable to the approved alternative that 
are identified in the final environmental impact 
statement. 
‘‘(j) SUPPLEMENTAL ENVIRONMENTAL REVIEW AND 
RE-EVALUATION.— 
‘‘(1) SUPPLEMENTAL
ENVIRONMENTAL
RE-
VIEW.—After the approval of a record of decision or 
finding of no significant impact with regard to a 
project, an agency may not require the preparation 
of a subsequent environmental document for such 
project unless the lead agency determines that—
‘‘(A) changes to the project will result in 
new significant impacts that were not evaluated 
in the environmental document; or 
‘‘(B) new information has become available 
or changes in circumstances have occurred after 
the lead agency approval of the project that will 
result in new significant impacts that were not 
evaluated in the environmental document. 
‘‘(2) RE-EVALUATIONS.—The Secretary may 
only require the re-evaluation of a document pre-
pared under the National Environmental Policy Act 
of 1969 (42 U.S.C. 4321 et seq.) if— 
‘‘(A) the Secretary determines that the 
events in paragraph (1)(A) or (1)(B) apply; and 
‘‘(B) more than 5 years has elapsed since 
the Secretary’s prior approval of the project or 
authorization of project funding. 
‘‘(3) CHANGE TO RECORD OF DECISION.—After 
the approval of a record of decision, the Secretary 
may not require the record of decision to be changed 
solely because of a change in the fiscal cir-
cumstances surrounding the project.’’. 
(i) REGULATIONS.—Section 139(m) (as redesignated 
by subsection (h)(1) of this section) is further amended 
to read as follows:
‘‘(m) REGULATIONS.— 
‘‘(1) IN GENERAL.—Not later than 1 year after 
the date of enactment of the Surface Transportation 
Extension Act of 2012, Part II, the Secretary, by 
regulation, shall— 
‘‘(A) implement this section; and 
‘‘(B) establish methodologies and proce-
dures for evaluating the environmental impacts, 
including cumulative impacts and growth-induc-
ing impacts, of transportation projects subject 
to this section. 
‘‘(2) COMPLIANCE
WITH
APPLICABLE
LAW.— 
Any environmental document that utilizes the meth-
odologies and procedures established under this sub-
section shall be deemed to comply with the applica-
ble requirements of— 
‘‘(A) the National Environmental Policy 
Act of 1969 (42 U.S.C. 4321 et seq.) or its im-
plementing regulations; or 
‘‘(B) any other Federal environmental 
statute applicable to transportation projects.’’. 
SEC. 610. DISPOSAL OF HISTORIC PROPERTIES. 
(a) DISPOSAL OF HISTORIC PROPERTIES.—Section 
156 is amended—
(1) by striking the section heading and insert-
ing ‘‘Sale or lease of real property’’; and 
(2) by adding at the end the following: 
‘‘(d) ASSESSMENT OF ADVERSE EFFECTS.—Notwith-
standing part 800 of title 36, Code of Federal Regula-
tions, the sale or lease by a State of any historic property 
that is not listed in the National Register of Historic 
Places shall not be considered an adverse effect to the 
property within any consultation process carried out under 
section 106 of the National Historic Preservation Act (16 
U.S.C. 470f).’’. 
(b) CLERICAL AMENDMENT.—The analysis for chap-
ter 1 is amended by striking the item relating to section 
156 and inserting the following: 
‘‘156. Sale or lease of real property.’’. 
SEC. 611. INTEGRATION OF PLANNING AND ENVIRON-
MENTAL REVIEW. 
(a) IN GENERAL.—Chapter 1 is amended by adding 
at the end the following: 
‘‘§ 167. Integration of planning and environmental re-
view 
‘‘(a) DEFINITIONS.—In this section, the following 
definitions apply: 
‘‘(1) ENVIRONMENTAL REVIEW PROCESS.— 
‘‘(A) IN
GENERAL.—The term ‘environ-
mental review process’ means the process for
preparing for a project an environmental impact 
statement, environmental assessment, categor-
ical exclusion, or other document prepared 
under the National Environmental Policy Act of 
1969 (42 U.S.C. 4321 et seq.). 
‘‘(B) INCLUSIONS.—The term ‘environ-
mental review process’ includes the process for 
and completion of any environmental permit, 
approval, review, or study required for a project 
under any Federal law other than the National 
Environmental Policy Act of 1969 (42 U.S.C. 
4321 et seq.). 
‘‘(2) PLANNING PRODUCT.—The term ‘planning 
product’ means any decision, analysis, study, or 
other documented result of an evaluation or deci-
sionmaking process carried out during transpor-
tation planning. 
‘‘(3) PROJECT.—The term ‘project’ means any 
highway project or program of projects, public trans-
portation capital project or program of projects, or 
multimodal project or program of projects that re-
quires the approval of the Secretary. 
‘‘(4) PROJECT
SPONSOR.—The term ‘project 
sponsor’ means the agency or other entity, including
any private or public-private entity, that seeks ap-
proval of the Secretary for a project. 
‘‘(b) PURPOSE AND FINDINGS.— 
‘‘(1) PURPOSE.—The purpose of this section is 
to establish the authority and provide procedures for 
achieving integrated planning and environmental re-
view processes to— 
‘‘(A) enable statewide and metropolitan 
planning processes to more effectively serve as 
the foundation for project decisions; 
‘‘(B) foster better decisionmaking; 
‘‘(C) reduce duplication in work; 
‘‘(D) avoid delays in transportation im-
provements; and 
‘‘(E) better transportation and environ-
mental results for communities and the United 
States. 
‘‘(2) FINDINGS.—Congress finds the following: 
‘‘(A) This section is consistent with and is 
adopted in furtherance of sections 101 and 102 
of the National Environmental Policy Act of 
1969 (42 U.S.C. 4331 and 4332) and section 
109 of this title. 
‘‘(B) This section should be broadly con-
strued and may be applied to any project, class
of projects, or program of projects carried out 
under this title or chapter 53 of title 49. 
‘‘(c) ADOPTION OF PLANNING PRODUCTS FOR USE 
IN NEPA PROCEEDINGS.— 
‘‘(1) IN GENERAL.—Notwithstanding any other 
provision of law and subject to the conditions set 
forth in subsection (e), the Federal lead agency for 
a project, at the request of the project sponsors, may 
adopt and use a planning product in proceedings re-
lating to any class of action in the environmental re-
view process of the project. 
‘‘(2) PARTIAL ADOPTION OF PLANNING PROD-
UCTS.—The Federal lead agency may adopt a plan-
ning product under paragraph (1) in its entirety or 
may select portions for adoption. 
‘‘(3) TIMING.—A determination under para-
graph (1) with respect to the adoption of a planning 
product shall be made at the time the lead agencies 
decide the appropriate scope of environmental review 
for the project. 
‘‘(d) APPLICABILITY.— 
‘‘(1) PLANNING
DECISIONS.—Planning deci-
sions that may be adopted pursuant to this section 
include—
‘‘(A) a purpose and need or goals and ob-
jectives statement for the project, including 
with respect to whether tolling, private financial 
assistance, or other special financial measures 
are necessary to implement the project; 
‘‘(B) a decision with respect to travel cor-
ridor location, including project termini; 
‘‘(C) a decision with respect to modal 
choice, including a decision to implement cor-
ridor or subarea study recommendations to ad-
vance different modal solutions as separate 
projects with independent utility; 
‘‘(D) a decision with respect to the elimi-
nation of unreasonable alternatives and the se-
lection of the range of reasonable alternatives 
for detailed study during the environmental re-
view process; 
‘‘(E) a basic description of the environ-
mental setting; 
‘‘(F) a decision with respect to methodolo-
gies for analysis; and 
‘‘(G) identifications of programmatic level 
mitigation for potential impacts that the Fed-
eral lead agency, in consultation with Federal, 
State, local, and tribal resource agencies, deter-
mines are most effectively addressed at a re-
gional or national program level, including— 
‘‘(i) system-level measures to avoid, 
minimize, or mitigate impacts of proposed 
transportation investments on environ-
mental resources, including regional eco-
system and water resources; and 
‘‘(ii) potential mitigation activities, lo-
cations, and investments. 
‘‘(2) PLANNING ANALYSES.—Planning analyses 
that may be adopted pursuant to this section include 
studies with respect to— 
‘‘(A) travel demands; 
‘‘(B) regional development and growth; 
‘‘(C) local land use, growth management, 
and development; 
‘‘(D) population and employment; 
‘‘(E) natural and built environmental con-
ditions; 
‘‘(F) environmental resources and environ-
mentally sensitive areas; 
‘‘(G) potential environmental effects, in-
cluding the identification of resources of con-
cern and potential cumulative effects on those
resources, identified as a result of a statewide 
or regional cumulative effects assessment; and 
‘‘(H) mitigation needs for a proposed ac-
tion, or for programmatic level mitigation, for 
potential effects that the Federal lead agency 
determines are most effectively addressed at a 
regional or national program level. 
‘‘(e) CONDITIONS.—Adoption and use of a planning 
product under this section is subject to a determination 
by the Federal lead agency, in consultation with joint lead 
agencies and project sponsors as appropriate, that the fol-
lowing conditions have been met: 
‘‘(1) The planning product was developed 
through a planning process conducted pursuant to 
applicable Federal law. 
‘‘(2) The planning process included broad mul-
tidisciplinary consideration of systems-level or cor-
ridor-wide transportation needs and potential effects. 
‘‘(3) During the planning process, notice was 
provided through publication or other means to Fed-
eral, State, and local government agencies and tribal 
governments that might have an interest in the pro-
posed project, and to members of the general public, 
of the planning products that the planning process 
might produce and that might be relied on during
the environmental review process, and such entities 
have been provided an appropriate opportunity to 
participate in the planning process leading to such 
planning product. 
‘‘(4) Prior to determining the scope of environ-
mental review for the project, the joint lead agencies 
have made documentation relating to the planning 
product available to Federal, State, and local gov-
ernmental agencies and tribal governments that may 
have an interest in the proposed action, and to mem-
bers of the general public. 
‘‘(5) There is no significant new information or 
new circumstance that has a reasonable likelihood of 
affecting the continued validity or appropriateness of 
the planning product. 
‘‘(6) The planning product is based on reliable 
and reasonably current data and reasonable and sci-
entifically acceptable methodologies. 
‘‘(7) The planning product is documented in 
sufficient detail to support the decision or the re-
sults of the analysis and to meet requirements for 
use of the information in the environmental review 
process.
‘‘(8) The planning product is appropriate for 
adoption and use in the environmental review proc-
ess for the project. 
‘‘(f) EFFECT OF ADOPTION.—Notwithstanding any 
other provision of law, any planning product adopted by 
the Federal lead agency in accordance with this section 
shall not be reconsidered or made the subject of additional 
interagency consultation during the environmental review 
process of the project unless the Federal lead agency, in 
consultation with joint lead agencies and project sponsors 
as appropriate, determines that there is significant new 
information or new circumstances that affect the contin-
ued validity or appropriateness of the adopted planning 
product. Any planning product adopted by the Federal 
lead agency in accordance with this section may be relied 
upon and used by other Federal agencies in carrying out 
reviews of the project. 
‘‘(g) RULE OF CONSTRUCTION.—This section may 
not be construed to make the National Environmental Pol-
icy Act of 1969 (42 U.S.C. 4321 et seq.) process applica-
ble to the transportation planning process conducted 
under chapter 52 of title 49. Initiation of the National 
Environmental Policy Act of 1969 process as a part of, 
or concurrently with, transportation planning activities 
does not subject transportation plans and programs to the
National Environmental Policy Act of 1969 process. This 
section may not be construed to affect the use of planning 
products in the National Environmental Policy Act of 
1969 process pursuant to other authorities under law or 
to restrict the initiation of the National Environmental 
Policy Act of 1969 process during planning.’’. 
(b) CLERICAL AMENDMENT.—The analysis for such 
chapter is amended by adding at end the following: 
‘‘167. Integration of planning and environmental review.’’. 
SEC. 612. DEVELOPMENT OF PROGRAMMATIC MITIGATION 
PLANS. 
(a) IN GENERAL.—Chapter 1 (as amended by this 
title) is further amended by adding at the end the fol-
lowing: 
‘‘§ 168. Development of programmatic mitigation 
plans 
‘‘(a) IN GENERAL.—As part of the statewide or met-
ropolitan transportation planning process, a State or met-
ropolitan planning organization may develop one or more 
programmatic mitigation plans to address the potential 
environmental impacts of future transportation projects. 
‘‘(b) SCOPE.— 
‘‘(1) SCALE.—A programmatic mitigation plan 
may be developed on a regional, ecosystem, water-
shed, or statewide scale.
100 
‘‘(2) RESOURCES.—The plan may encompass 
multiple environmental resources within a defined 
geographic area or may focus on a specific resource, 
such as aquatic resources, parklands, or wildlife 
habitat. 
‘‘(3) PROJECT
IMPACTS.—The plan may ad-
dress impacts from all projects in a defined geo-
graphic area or may focus on a specific type of 
project, such as bridge replacements. 
‘‘(4) CONSULTATION.—The scope of the plan 
shall be determined by the State or metropolitan 
planning organization, as appropriate, in consulta-
tion with the agency or agencies with jurisdiction 
over the resources being addressed in the mitigation 
plan. 
‘‘(c) CONTENTS.—A programmatic mitigation plan 
may include— 
‘‘(1) an assessment of the condition of environ-
mental resources in the geographic area covered by 
the plan, including an assessment of recent trends 
and any potential threats to those resources; 
‘‘(2) an assessment of potential opportunities to 
improve the overall quality of environmental re-
sources in the geographic area covered by the plan,
101 
through strategic mitigation for impacts of transpor-
tation projects; 
‘‘(3) standard measures for mitigating certain 
types of impacts; 
‘‘(4) parameters for determining appropriate 
mitigation for certain types of impacts, such as miti-
gation ratios or criteria for determining appropriate 
mitigation sites; 
‘‘(5) adaptive management procedures, such as 
protocols that involve monitoring predicted impacts 
over time and adjusting mitigation measures in re-
sponse to information gathered through the moni-
toring; and 
‘‘(6) acknowledgment of specific statutory or 
regulatory requirements that must be satisfied when 
determining appropriate mitigation for certain types 
of resources. 
‘‘(d) PROCESS.—Before adopting a programmatic 
mitigation plan, a State or metropolitan planning organi-
zation shall— 
‘‘(1) consult with the agency or agencies with 
jurisdiction over the environmental resources consid-
ered in the programmatic mitigation plan;
102 
‘‘(2) make a draft of the plan available for re-
view and comment by applicable environmental re-
source agencies and the public; 
‘‘(3) consider any comments received from such 
agencies and the public on the draft plan; and 
‘‘(4) address such comments in the final plan. 
‘‘(e) INTEGRATION WITH OTHER PLANS.—A pro-
grammatic mitigation plan may be integrated with other 
plans, including watershed plans, ecosystem plans, species 
recovery plans, growth management plans, and land use 
plans. 
‘‘(f) CONSIDERATION
IN PROJECT DEVELOPMENT 
AND PERMITTING.—If a programmatic mitigation plan 
has been developed pursuant to this section, any Federal 
agency responsible for environmental reviews, permits, or 
approvals for a transportation project shall give substan-
tial weight to the recommendations in a programmatic 
mitigation plan when carrying out their responsibilities 
under applicable laws. 
‘‘(g) PRESERVATION OF EXISTING AUTHORITIES.— 
Nothing in this section limits the use of programmatic ap-
proaches to reviews under the National Environmental 
Policy Act of 1969 (42 U.S.C. 4321 et seq.).’’.
103 
(b) CLERICAL AMENDMENT.—The analysis for such 
chapter (as amended by this title) is further amended by 
adding at the end the following: 
‘‘168. Development of programmatic mitigation plans.’’. 
SEC. 613. STATE ASSUMPTION OF RESPONSIBILITY FOR 
CATEGORICAL EXCLUSIONS. 
Section 326(a) is amended— 
(1) in paragraph (2) by striking ‘‘and only for 
types of activities specifically designated by the Sec-
retary’’ and inserting ‘‘and for any type of activity 
for which a categorical exclusion classification is ap-
propriate’’; and 
(2) by adding at the end the following: 
‘‘(4) PRESERVATION
OF
FLEXIBILITY.—The 
Secretary shall not require a State, as a condition of 
assuming responsibility under this section, to forego 
project delivery methods that are otherwise permis-
sible for highway projects.’’. 
SEC. 614. SURFACE TRANSPORTATION PROJECT DELIVERY 
PROGRAM. 
(a) PROGRAM NAME.—Section 327 is amended— 
(1) in the section heading by striking ‘‘pilot’’; 
and 
(2) in subsection (a)(1) by striking ‘‘pilot’’. 
(b) 
ASSUMPTION
OF
RESPONSIBILITY.—Section 
327(a)(2) is amended—
104 
(1) in subparagraph (A) by striking ‘‘highway’’; 
(2) in subparagraph (B) by striking clause (ii) 
and inserting the following: 
‘‘(ii) the Secretary may not assign any 
responsibility imposed on the Secretary by 
section 134 or 135 or section 5303 or 
5304 of title 49.’’; and 
(3) by adding at the end the following: 
‘‘(F) PRESERVATION
OF
FLEXIBILITY.— 
The Secretary may not require a State, as a 
condition of participation in the program, to 
forego project delivery methods that are other-
wise permissible for projects.’’. 
(c) STATE
PARTICIPATION.—Section 327(b) is 
amended— 
(1) by amending paragraph (1) to read as fol-
lows: 
‘‘(1) PARTICIPATING
STATES.—All States are 
eligible to participate in the program.’’; and 
(2) in paragraph (2) by striking ‘‘this section, 
the Secretary shall promulgate’’ and inserting 
‘‘amendments to this section by the Surface Trans-
portation Extension Act of 2012, Part II, the Sec-
retary shall amend, as appropriate,’’.
105 
(d) WRITTEN
AGREEMENT.—Section 327(c) is 
amended— 
(1) in paragraph (3)(D) by striking the period 
at the end and inserting a semicolon; and 
(2) by adding at the end the following: 
‘‘(4) have a term of not more than 5 years; and 
‘‘(5) be renewable.’’. 
(e) CONFORMING AMENDMENT.—Section 327(e) is 
amended by striking ‘‘subsection (i)’’ and inserting ‘‘sub-
section (j)’’. 
(f) AUDITS.—Section 327(g)(1)(B) is amended by 
striking ‘‘subsequent year’’ and inserting ‘‘of the third and 
fourth years’’. 
(g) MONITORING.—Section 327 is further amended— 
(1) by redesignating subsections (h) and (i) as 
subsections (i) and (j), respectively; and 
(2) by inserting after subsection (g) the fol-
lowing: 
‘‘(h) MONITORING.—After the fourth year of the par-
ticipation of a State in the program, the Secretary shall 
monitor compliance by the State with the written agree-
ment, including the provision by the State of financial re-
sources to carry out the written agreement.’’.
106 
(h) TERMINATION.—Section 327(j) (as redesignated 
by subsection (g)(1) of this section) is amended to read 
as follows: 
‘‘(j) TERMINATION.—The Secretary may terminate 
the participation of any State in the program if— 
‘‘(1) the Secretary determines that the State is 
not adequately carrying out the responsibilities as-
signed to the State; 
‘‘(2) the Secretary provides to the State— 
‘‘(A) notification of the determination of 
noncompliance; and 
‘‘(B) a period of at least 30 days during 
which to take such corrective action as the Sec-
retary determines is necessary to comply with 
the applicable agreement; and 
‘‘(3) the State, after the notification and period 
provided under paragraph (2), fails to take satisfac-
tory corrective action, as determined by the Sec-
retary.’’. 
(i) DEFINITIONS.—Section 327 is amended by adding 
at the end the following: 
‘‘(k) DEFINITIONS.—In this section, the following 
definitions apply: 
‘‘(1) 
MULTIMODAL
PROJECT.—The 
term 
‘multimodal project’ means a project funded, in
107 
whole or in part, under this title or chapter 53 of 
title 49 and involving the participation of more than 
one Department of Transportation administration or 
agency. 
‘‘(2) PROJECT.—The term ‘project’ means any 
highway 
project, 
public 
transportation 
capital 
project, or multimodal project that requires the ap-
proval of the Secretary.’’. 
(j) CLERICAL AMENDMENT.—The analysis for chap-
ter 3 is amended by striking the item relating to section 
327 and inserting the following: 
‘‘327. Surface transportation project delivery program.’’. 
SEC. 615. PROGRAM FOR ELIMINATING DUPLICATION OF 
ENVIRONMENTAL REVIEWS. 
(a) IN GENERAL.—Chapter 3 is amended by adding 
at the end the following: 
‘‘§ 330. Program for eliminating duplication of envi-
ronmental reviews 
‘‘(a) ESTABLISHMENT.— 
‘‘(1) IN GENERAL.—The Secretary shall estab-
lish a program to eliminate duplicative environ-
mental reviews and approvals under State and Fed-
eral law of projects. Under this program, a State 
may use State laws and procedures to conduct re-
views and make approvals in lieu of Federal environ-
108 
mental laws and regulations, consistent with the pro-
visions of this section. 
‘‘(2) PARTICIPATING
STATES.—All States are 
eligible to participate in the program. 
‘‘(3) SCOPE OF ALTERNATIVE REVIEW AND AP-
PROVAL
PROCEDURES.—For purposes of this sec-
tion, alternative environmental review and approval 
procedures may include one or more of the following: 
‘‘(A) Substitution of one or more State en-
vironmental laws for one or more Federal envi-
ronmental laws, if the Secretary determines in 
accordance with this section that the State envi-
ronmental laws provide environmental protec-
tion and opportunities for public involvement 
that are substantially equivalent to the applica-
ble Federal environmental laws. 
‘‘(B) Substitution of one or more State 
regulations for Federal regulations imple-
menting one or more Federal environmental 
laws, if the Secretary determines in accordance 
with this section that the State regulations pro-
vide environmental protection and opportunities 
for public involvement that are substantially 
equivalent to the Federal regulations.
109 
‘‘(b) APPLICATION.—To participate in the program, 
a State shall submit to the Secretary an application con-
taining such information as the Secretary may require, in-
cluding— 
‘‘(1) a full and complete description of the pro-
posed alternative environmental review and approval 
procedures of the State; 
‘‘(2) for each State law or regulation included 
in the proposed alternative environmental review and 
approval procedures of the State, an explanation of 
the basis for concluding that the law or regulation 
meets the requirements under subsection (a)(3); and 
‘‘(3) evidence of having sought, received, and 
addressed comments on the proposed application 
from the public and appropriate Federal environ-
mental resource agencies. 
‘‘(c) REVIEW
OF
APPLICATION.—The Secretary 
shall— 
‘‘(1) review an application submitted under sub-
section (b); 
‘‘(2) approve or disapprove the application in 
accordance with subsection (d) not later than 90 
days after the date of the receipt of the application; 
and
110 
‘‘(3) transmit to the State notice of the ap-
proval or disapproval, together with a statement of 
the reasons for the approval or disapproval. 
‘‘(d) APPROVAL OF STATE PROGRAMS.— 
‘‘(1) IN
GENERAL.—The Secretary shall ap-
prove each such application if the Secretary finds 
that the proposed alternative environmental review 
and approval procedures of the State are substan-
tially equivalent to the applicable Federal environ-
mental laws and Federal regulations. 
‘‘(2) 
EXCLUSION.—The 
National 
Environ-
mental Policy Act of 1969 (42 U.S.C. 4321 et seq.) 
and the Endangered Species Act of 1973 (16 U.S.C. 
1531 et seq.) shall not apply to any decision by the 
Secretary to approve or disapprove any application 
submitted pursuant to this section. 
‘‘(e) COMPLIANCE WITH PERMITS.—Compliance with 
a permit or other approval of a project issued pursuant 
to a program approved by the Secretary under this section 
shall be deemed compliance with the Federal laws and reg-
ulations identified in the program approved by the Sec-
retary pursuant to this section. 
‘‘(f) REVIEW AND TERMINATION.— 
‘‘(1) REVIEW.—All State alternative environ-
mental review and approval procedures approved
111 
under this section shall be reviewed by the Secretary 
not less than once every 5 years. 
‘‘(2) PUBLIC NOTICE AND COMMENT.—In con-
ducting the review process under paragraph (1), the 
Secretary shall provide notice and an opportunity for 
public comment. 
‘‘(3) EXTENSIONS AND TERMINATIONS.—At the 
conclusion of the review process, the Secretary may 
extend the State alternative environmental review 
and approval procedures for an additional 5-year pe-
riod or terminate the State program. 
‘‘(g) REPORT TO CONGRESS.—Not later than 2 years 
after the date of enactment of this section and annually 
thereafter, the Secretary shall submit to Congress a report 
that describes the administration of the program. 
‘‘(h) DEFINITIONS.—For purposes of this section: 
‘‘(1) ENVIRONMENTAL LAW.—The term ‘envi-
ronmental law’ includes any law that provides proce-
dural or substantive protection, as applicable, for the 
natural or built environment with regard to the con-
struction and operation of projects. 
‘‘(2) FEDERAL
ENVIRONMENTAL
LAWS.—The 
term ‘Federal environmental laws’ means laws gov-
erning the review of environmental impacts of, and 
issuance of permits and other approvals for, the con-
112 
struction and operation of projects, including section 
102(2)(C) of the National Environmental Policy Act 
of 1969 (42 U.S.C. 4332(2)(C)), section 404 of the 
Federal Water Pollution Control Act (33 U.S.C. 
1344), section 106 of the National Historic Preser-
vation Act (16 U.S.C. 470f), and sections 7(a)(2), 
9(a)(1)(B), and 10(a)(1)(B) of the Endangered Spe-
cies 
Act 
of 
1973 
(16 
U.S.C. 
1536(a)(2), 
1538(a)(1)(B), 1539(a)(1)(B)). 
‘‘(3) 
MULTIMODAL
PROJECT.—The 
term 
‘multimodal project’ means a project funded, in 
whole or in part, under this title or chapter 53 of 
title 49 and involving the participation of more than 
one Department of Transportation administration or 
agency. 
‘‘(4) PROJECT.—The term ‘project’ means any 
highway 
project, 
public 
transportation 
capital 
project, or multimodal project that requires the ap-
proval of the Secretary.’’. 
(b) CLERICAL AMENDMENT.—The analysis for such 
chapter (as amended by title I of this Act) is further 
amended by adding at the end the following: 
‘‘330. Program for eliminating duplication of environmental reviews.’’.
113 
SEC. 616. STATE PERFORMANCE OF LEGAL SUFFICIENCY 
REVIEWS. 
(a) IN GENERAL.—Chapter 3 (as amended by this 
title) is further amended by adding at the end the fol-
lowing: 
‘‘§ 331. State performance of legal sufficiency reviews 
‘‘(a) IN GENERAL.—At the request of any State 
transportation department, the Federal Highway Adminis-
tration shall enter into an agreement with the State trans-
portation department to authorize the State to carry out 
the legal sufficiency reviews for environmental impact 
statements and environmental assessments under the Na-
tional Environmental Policy Act of 1969 (42 U.S.C. 4321 
et seq.) in accordance with this section. 
‘‘(b) TERMS OF AGREEMENT.—An agreement au-
thorizing a State to carry out legal sufficiency reviews for 
Federal-aid highway projects shall contain the following 
provisions: 
‘‘(1) A finding by the Federal Highway Admin-
istration that the State has the capacity to carry out 
legal sufficiency reviews that are equivalent in qual-
ity and consistency to the reviews that would other-
wise be conducted by attorneys employed by such 
Administration. 
‘‘(2) An oversight process, including periodic re-
views conducted by attorneys employed by such Ad-
114 
ministration, to evaluate the quality of the legal suf-
ficiency reviews carried out by the State transpor-
tation department under the agreement. 
‘‘(3) A requirement for the State transportation 
department to submit a written finding of legal suf-
ficiency to the Federal Highway Administration con-
currently with the request by the State for Federal 
approval of the National Environmental Policy Act 
of 1969 (42 U.S.C. 4321 et seq.) document. 
‘‘(4) An opportunity for the Federal Highway 
Administration to conduct an additional legal suffi-
ciency review for any project, for not more than 30 
days, if considered necessary by the Federal High-
way Administration. 
‘‘(5) Procedures allowing either party to the 
agreement to terminate the agreement for any rea-
son with 30 days notice to the other party. 
‘‘(c) EFFECT OF AGREEMENT.—A legal sufficiency 
review carried out by a State transportation department 
under this section shall be deemed by the Federal High-
way Administration to satisfy the requirement for a legal 
sufficiency review in sections 771.125(b) and 774.7(d) of 
title 23, Code of Federal Regulations, or other applicable 
regulations issued by the Federal Highway Administra-
tion.’’.
115 
(b) CLERICAL AMENDMENT.—The analysis for such 
chapter (as amended by this title) is further amended by 
adding at the end the following: 
‘‘331. State performance of legal sufficiency reviews.’’. 
SEC. 617. CATEGORICAL EXCLUSIONS. 
(a) IN GENERAL.—The Secretary shall treat an activ-
ity carried out under title 23, United States Code, or 
project within a right-of-way as a class of action categori-
cally excluded from the requirements relating to environ-
mental assessments or environmental impact statements 
under section 771.117(c) of title 23, Code of Federal Reg-
ulations. 
(b) DEFINITIONS.—In this section, the following defi-
nitions apply: 
(1) 
MULTIMODAL
PROJECT.—The 
term 
‘‘multimodal project’’ means a project funded, in 
whole or in part, under title 23, United States Code, 
or chapter 53 of title 49 of such Code and involving 
the participation of more than one Department of 
Transportation administration or agency. 
(2) PROJECT.—The term ‘‘project’’ means any 
highway 
project, 
public 
transportation 
capital 
project, or multimodal project that requires the ap-
proval of the Secretary. 
SEC. 618. ENVIRONMENTAL REVIEW PROCESS DEADLINE. 
(a) IN GENERAL.—
116 
(1) DEADLINE.—Notwithstanding any other 
provision of law, the environmental review process 
for a project shall be completed not later than 270 
days after the date on which the notice of project 
initiation under section 139(e) of title 23, United 
States Code, is published in the Federal Register. 
(2) CONSEQUENCES OF MISSED DEADLINE.—If 
the environmental review process for a project is not 
completed in accordance with paragraph (1)— 
(A) the project shall be considered to have 
no significant impact to the human environment 
for purposes of the National Environmental 
Policy Act of 1969 (42 U.S.C. 4321 et seq.); 
and 
(B) that classification shall be considered 
to be a final agency action. 
(b) DEFINITIONS.—In this section, the following defi-
nitions apply: 
(1) ENVIRONMENTAL REVIEW PROCESS.— 
(A) IN
GENERAL.—The term ‘‘environ-
mental review process’’ means the process for 
preparing for a project an environmental impact 
statement, environmental assessment, categor-
ical exclusion, or other document prepared
117 
under the National Environmental Policy Act of 
1969 (42 U.S.C. 4321 et seq.). 
(B) INCLUSIONS.—The term ‘‘environ-
mental review process’’ includes the process for 
and completion of any environmental permit, 
approval, review, or study required for a project 
under any Federal law other than the National 
Environmental Policy Act of 1969 (42 U.S.C. 
4321 et seq.). 
(2) LEAD AGENCY.—The term ‘‘lead agency’’ 
means the Department of Transportation and, if ap-
plicable, any State or local governmental entity serv-
ing as a joint lead agency pursuant to this section. 
(3) 
MULTIMODAL
PROJECT.—The 
term 
‘‘multimodal project’’ means a project funded, in 
whole or in part, under title 23, United States Code, 
or chapter 53 of title 49 of such Code and involving 
the participation of more than one Department of 
Transportation administration or agency. 
(4) PROJECT.—The term ‘‘project’’ means any 
highway 
project, 
public 
transportation 
capital 
project, or multimodal project that requires the ap-
proval of the Secretary.
118 
SEC. 619. RELOCATION ASSISTANCE. 
(a) ALTERNATIVE RELOCATION PAYMENT PROC-
ESS.— 
(1) ESTABLISHMENT.—For the purpose of 
identifying improvements in the timeliness of pro-
viding relocation assistance to persons displaced as 
a result of Federal or federally-assisted programs 
and projects, the Secretary shall establish an alter-
native relocation payment process under which pay-
ments to displaced persons eligible for relocation as-
sistance pursuant to the Uniform Relocation Assist-
ance and Real Property Acquisition Policies Act of 
1970 (42 U.S.C. 4601 et seq.), are calculated based 
on reasonable estimates and paid in advance of the 
physical displacement of the displaced person. 
(2) PAYMENTS.— 
(A) TIMING OF PAYMENTS.—Relocation as-
sistance payments may be provided to the dis-
placed person at the same time as payments of 
just compensation for real property acquired for 
a program or project of the State. 
(B) COMBINED PAYMENT.—Payments for 
relocation and just compensation may be com-
bined into a single unallocated amount. 
(3) CONDITIONS FOR STATE USE OF ALTER-
NATIVE PROCESS.—
119 
(A) IN GENERAL.—After public notice and 
an opportunity to comment, the Secretary shall 
adopt criteria for States to use the alternative 
relocation payment process established by the 
Secretary. 
(B) MEMORANDUM
OF
AGREEMENT.—In 
order to use the alternative relocation payment 
process, a State shall enter into a memorandum 
of agreement with the Secretary that includes 
provisions relating to— 
(i) the selection of projects or pro-
grams within the State to which the alter-
native relocation payment process will be 
applied; 
(ii) program and project-level moni-
toring; 
(iii) performance measurement; 
(iv) reporting requirements; and 
(v) the circumstances under which the 
Secretary may terminate or suspend the 
authority of the State to use the alter-
native relocation payment process. 
(C) REQUIRED
INFORMATION.—A State 
may use the alternative relocation payment
120 
process only after the displaced persons affected 
by a program or project— 
(i) are informed in writing— 
(I) that the relocation payments 
the displaced persons receive under 
the alternative relocation payment 
process may be higher or lower than 
the amount that the displaced persons 
would have received under the stand-
ard relocation assistance process; and 
(II) of their right not to partici-
pate in the alternative relocation pay-
ment process; and 
(ii) agree in writing to the alternative 
relocation payment process. 
(D) ELECTION
NOT
TO
PARTICIPATE.— 
The displacing agency shall provide any dis-
placed person who elects not to participate in 
the alternative relocation payment process with 
relocation assistance in accordance with the 
Uniform Relocation Assistance and Real Prop-
erty Acquisition Policies Act of 1970 (42 
U.S.C. 4601 et seq.). 
(4) 
PROTECTIONS
AGAINST
INCONSISTENT 
TREATMENT.—If other Federal agencies plan dis-
121 
placements in or adjacent to an area of a project 
using the alternative relocation payment process 
within the same time period as a project acquisition 
and relocation action of the project, the Secretary 
shall adopt measures to protect against inconsistent 
treatment of displaced persons. Such measures may 
include a determination that the alternative reloca-
tion payment process authority may not be used on 
a specific project. 
(5) REPORT.— 
(A) IN
GENERAL.—The Secretary shall 
submit to Congress an annual report on the im-
plementation of the alternative relocation pay-
ment process. 
(B) CONTENTS.—The report shall include 
an evaluation of the merits of the alternative 
relocation payment process, including the ef-
fects of the alternative relocation payment proc-
ess on— 
(i) displaced persons and the protec-
tions afforded to such persons by the Uni-
form Relocation Assistance and Real Prop-
erty Acquisition Policies Act of 1970 (42 
U.S.C. 4601 et seq.);
122 
(ii) the efficiency of the delivery of 
Federal-aid highway projects and overall 
effects on the Federal-aid highway pro-
gram; and 
(iii) the achievement of the purposes 
of the Uniform Relocation Assistance and 
Real Property Acquisition Policies Act of 
1970 (42 U.S.C. 4601 et seq.). 
(6) LIMITATION.—The alternative relocation 
payment process under this section may be used only 
on projects funded under title 23, United States 
Code, in cases in which the funds are administered 
by the Federal Highway Administration. 
(7) NEPA APPLICABILITY.—Notwithstanding 
any other provision of law, the use of the alternative 
relocation payment process established under this 
section on a project funded under title 23, United 
States Code, and administered by the Federal High-
way Administration is not a major Federal action re-
quiring analysis or approval under the National En-
vironmental Policy Act of 1969 (42 U.S.C. 4321 et 
seq.). 
(b) 
UNIFORM
RELOCATION
ASSISTANCE
ACT 
AMENDMENTS.—
123 
(1) MOVING
AND
RELATED
EXPENSES.—Sec-
tion 202 of the Uniform Relocation Assistance and 
Real Property Acquisition Policies Act of 1970 (42 
U.S.C. 4622) is amended— 
(A) in subsection (a)(4) by striking 
‘‘$10,000’’ and inserting ‘‘$25,000, as adjusted 
by regulation, in accordance with section 
213(d)’’; and 
(B) in the second sentence of subsection 
(c) by striking ‘‘$20,000’’ and inserting 
‘‘$40,000, as adjusted by regulation, in accord-
ance with section 213(d)’’. 
(2) 
REPLACEMENT
HOUSING
FOR
HOME-
OWNERS.—The first sentence of section 203(a)(1) of 
the Uniform Relocation Assistance and Real Prop-
erty Acquisition Policies Act of 1970 (42 U.S.C. 
4623(a)(1)) is amended by— 
(A) striking ‘‘$22,500’’ and inserting 
‘‘$31,000, as adjusted by regulation, in accord-
ance with section 213(d),’’; and 
(B) striking ‘‘one hundred and eighty days 
prior to’’ and inserting ‘‘90 days before’’. 
(3) REPLACEMENT
HOUSING
FOR
TENANTS 
AND CERTAIN OTHERS.—Section 204 of the Uniform
124 
Relocation Assistance and Real Property Acquisition 
Policies Act of 1970 (42 U.S.C. 4624) is amended— 
(A) in the second sentence of subsection 
(a) by striking ‘‘$5,250’’ and inserting ‘‘$7,200, 
as adjusted by regulation, in accordance with 
section 213(d)’’; and 
(B) in the second sentence of subsection 
(b) by striking ‘‘, except’’ and all that follows 
through the end of the subsection and inserting 
a period. 
(4) DUTIES OF LEAD AGENCY.—Section 213 of 
the Uniform Relocation Assistance and Real Prop-
erty Acquisition Policies Act of 1970 (42 U.S.C. 
4633) is amended— 
(A) in subsection (b)— 
(i) in paragraph (2) by striking 
‘‘and’’; 
(ii) in paragraph (3) by striking the 
period and inserting ‘‘; and’’; and 
(iii) by adding at the end the fol-
lowing: 
‘‘(4) that each Federal agency that has pro-
grams or projects requiring the acquisition of real 
property or causing a displacement from real prop-
erty subject to the provisions of this Act shall pro-
125 
vide to the lead agency an annual summary report 
that describes the activities conducted by the Fed-
eral agency.’’; and 
(B) by adding at the end the following: 
‘‘(d) ADJUSTMENT OF PAYMENTS.—The head of the 
lead agency may adjust, by regulation, the amounts of re-
location payments provided under sections 202(a)(4), 
202(c), 203(a), and 204(a) if the head of the lead agency 
determines that cost of living, inflation, or other factors 
indicate that the payments should be adjusted to meet the 
policy objectives of this Act.’’. 
(5) AGENCY
COORDINATION.—Title II of the 
Uniform Relocation Assistance and Real Property 
Acquisition Policies Act of 1970 (42 U.S.C. 4601 et 
seq.) is amended by inserting after section 213 (42 
U.S.C. 4633) the following: 
‘‘SEC. 214. AGENCY COORDINATION. 
‘‘(a) AGENCY CAPACITY.—Each Federal agency re-
sponsible for funding or carrying out relocation and acqui-
sition activities shall have adequately trained personnel 
and such other resources as are necessary to manage and 
oversee the relocation and acquisition program of the Fed-
eral agency in accordance with this Act. 
‘‘(b) INTERAGENCY AGREEMENTS.—Not later than 1 
year after the date of the enactment of this section, each
126 
Federal agency responsible for funding relocation and ac-
quisition activities (other than the agency serving as the 
lead agency) shall enter into a memorandum of under-
standing with the lead agency that— 
‘‘(1) provides for periodic training of the per-
sonnel of the Federal agency, which in the case of 
a Federal agency that provides Federal financial as-
sistance, may include personnel of any displacing 
agency that receives Federal financial assistance; 
‘‘(2) addresses ways in which the lead agency 
may provide assistance and coordination to the Fed-
eral agency relating to compliance with this Act on 
a program or project basis; and 
‘‘(3) addresses the funding of the training, as-
sistance, and coordination activities provided by the 
lead agency, in accordance with subsection (c). 
‘‘(c) INTERAGENCY PAYMENTS.— 
‘‘(1) IN GENERAL.—For the fiscal year that be-
gins 1 year after the date of the enactment of this 
section, and each fiscal year thereafter, each Federal 
agency responsible for funding relocation and acqui-
sition activities (other than the agency serving as the 
lead agency) shall transfer to the lead agency for the 
fiscal year, such funds as are necessary, but not less 
than $35,000, to support the training, assistance,
127 
and coordination activities of the lead agency de-
scribed in subsection (b). 
‘‘(2) INCLUDED COSTS.—The cost to a Federal 
agency of providing the funds described in para-
graph (1) shall be included as part of the cost of 1 
or more programs or projects undertaken by the 
Federal agency or with Federal financial assistance 
that result in the displacement of persons or the ac-
quisition of real property.’’. 
(c) COOPERATION WITH FEDERAL AGENCIES.—Sec-
tion 308(a) is amended to read as follows: 
‘‘(a) AUTHORIZED ACTIVITIES.— 
‘‘(1) IN
GENERAL.—The Secretary may per-
form, by contract or otherwise, authorized engineer-
ing or other services in connection with the survey, 
construction, maintenance, or improvement of high-
ways for other Federal agencies, cooperating foreign 
countries, and State cooperating agencies. 
‘‘(2) INCLUSIONS.—Services authorized under 
paragraph (1) may include activities authorized 
under section 214 of the Uniform Relocation Assist-
ance and Real Property Acquisition Policies Act of 
1970 (42 U.S.C. 4601 et seq.). 
‘‘(3) REIMBURSEMENT.—Reimbursement for 
services carried out under this subsection, including
128 
depreciation on engineering and road-building equip-
ment, shall be credited to the applicable appropria-
tion.’’. 
Passed the House of Representatives April 18, 2012. 
Attest: 
Clerk.
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 enactment of a multiyear law re-
authorizing such programs, and for other pur-
poses.