247 
‘‘(1) IN GENERAL.—The Secretary may pay the 
Government’s share of the net capital project cost to 
a State or local governmental authority that carries 
out any part of a project described in this section 
without the aid of amounts of the Government and 
according to all applicable procedures and require-
ments if— 
‘‘(A) the State or local governmental au-
thority applies for the payment; 
‘‘(B) the Secretary approves the payment; 
and 
‘‘(C) before carrying out the part of the 
project, the Secretary approves the plans and 
specifications for the part in the same manner 
as other projects under this section. 
‘‘(2) FINANCING COSTS.— 
‘‘(A) IN GENERAL.—The cost of carrying 
out part of a project includes the amount of in-
terest earned and payable on bonds issued by 
the State or local governmental authority to the 
extent proceeds of the bonds are expended in 
carrying out the part. 
‘‘(B) LIMITATION ON AMOUNT OF INTER-
EST.—The amount of interest under this para-
graph may not be more than the most favorable 
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interest terms reasonably available for the 
project at the time of borrowing. 
‘‘(C) CERTIFICATION.—The applicant shall 
certify, in a manner satisfactory to the Sec-
retary, that the applicant has shown reasonable 
diligence in seeking the most favorable financial 
terms. 
‘‘(j) AVAILABILITY OF AMOUNTS.—An amount made 
available or appropriated under section 5338(b) for new 
fixed guideway capital projects shall remain available for 
a period of 3 fiscal years after the fiscal year in which 
the amount is made available or appropriated. Any of such 
amount that is unobligated at the end of such period shall 
be rescinded and deposited in the general fund of the 
Treasury, where such amounts shall be dedicated for the 
sole purpose of deficit reduction and prohibited from use 
as an offset for other spending increases or revenue reduc-
tions. 
‘‘(k) REPORTS ON NEW START PROJECTS.— 
‘‘(1) ANNUAL
REPORT
ON
FUNDING
REC-
OMMENDATIONS.—Not later than the first Monday 
in February of each year, the Secretary shall submit 
to the Committee on Transportation and Infrastruc-
ture and the Committee on Appropriations of the 
House of Representatives and the Committee on 
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Banking, Housing, and Urban Affairs and the Com-
mittee on Appropriations of the Senate a report that 
includes— 
‘‘(A) a proposal of allocations of amounts 
to be available to finance grants for new fixed 
guideway capital projects among applicants for 
these amounts; 
‘‘(B) evaluations and ratings, as required 
under subsections (d) and (e), for each such 
project that is authorized by the Public Trans-
portation Act of 2012; and 
‘‘(C) recommendations of such projects for 
funding based on the evaluations and ratings 
and on existing commitments and anticipated 
funding levels for the next 3 fiscal years based 
on information currently available to the Sec-
retary. 
‘‘(2) BIENNIAL
GAO
REVIEW.—Beginning 2 
years after the date of enactment of the Public 
Transportation Act of 2012, the Comptroller Gen-
eral shall— 
‘‘(A) conduct a biennial review of— 
‘‘(i) the processes and procedures for 
evaluating, rating, and recommending new 
fixed guideway capital projects; and 
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‘‘(ii) the Secretary’s implementation 
of such processes and procedures; and 
‘‘(B) on a biennial basis, report to Con-
gress on the results of such review by May 31. 
‘‘(l) BEFORE
AND AFTER STUDY REPORT.—Not 
later than the first Monday of August of each year, the 
Secretary shall submit to the committees referred to in 
subsection (k)(1) a report containing a summary of the 
results of the studies conducted under subsection 
(g)(2)(C). 
‘‘(m) LIMITATIONS.— 
‘‘(1) LIMITATION ON GRANTS.—The Secretary 
may make a grant or enter into a grant agreement 
for a new fixed guideway capital project under this 
section only if the project has been rated as high, 
medium-high, or medium or the Secretary has issued 
a special warrant described in subsection (n) in lieu 
of such ratings. 
‘‘(2) FISCAL YEARS 2013 THROUGH 2016.—Of 
the amounts made available or appropriated for fis-
cal years 2013 through 2016 under section 
5338(b)— 
‘‘(A) $150,000,000 for each fiscal year 
shall be allocated for small start projects in ac-
cordance with subsection (e); and 
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‘‘(B) the remainder shall be allocated for 
new start projects in accordance with sub-
section (d). 
‘‘(3) LIMITATION ON EXPENDITURES.—None of 
the amounts made available or appropriated under 
section 5338(b) may be expended on a project that 
has not been adopted as the locally preferred alter-
native as part of a long-range transportation plan. 
‘‘(n) EXPEDITED PROJECT ADVANCEMENT.— 
‘‘(1) WARRANTS.—The Secretary, to the max-
imum extent practicable, shall develop and utilize 
special warrants to advance projects and provide 
Federal assistance under this section. Special war-
rants may be utilized to advance new fixed guideway 
projects under this section without requiring evalua-
tions and ratings described under subsections (d)(5) 
and (e)(5). Such warrants shall be— 
‘‘(A) based on current transit ridership, 
corridor characteristics, and service on existing 
alignments; 
‘‘(B) designed to assess distinct categories 
of projects, such as proposed new service en-
hancements on existing alignments, new line 
haul service, and new urban circulator service; 
and 
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‘‘(C) based on the benefits for proposed 
projects as set forth in subsections (d)(3) and 
(e)(3) for the Federal assistance provided or to 
be provided under this subsection. 
‘‘(2) NEW PROJECT DEVELOPMENT.— 
‘‘(A) IN GENERAL.—A project sponsor who 
requests Federal funding under this section 
shall apply to the Secretary to begin new 
project development after a proposed new fixed 
guideway capital project has been adopted as 
the locally preferred alternative as part of the 
metropolitan long-range transportation plan re-
quired under section 5303, and funding options 
for the non-Federal funding share have been 
identified. The application for new project de-
velopment shall specify whether the project 
sponsor is seeking Federal assistance under 
subsection (d) or (e). 
‘‘(B) APPLICATIONS.— 
‘‘(i) NOTICE
TO
CONGRESS.—Not 
later than 10 days after the date of receipt 
of an application for new project develop-
ment under subparagraph (A), the Sec-
retary shall provide written notice of the 
application to the Committee on Transpor-
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253 
tation and Infrastructure of the House of 
Representatives and the Committee on 
Banking, Housing, and Urban Affairs of 
the Senate. 
‘‘(ii) APPROVAL
OR
DISAPPROVAL.— 
On the 11th day following the date on 
which the Secretary provides written notice 
of an application for new project develop-
ment under clause (i), the Secretary shall 
approve or disapprove the application. 
‘‘(C) 
PROJECT
AUTHORIZATION.—Upon 
approval of an application to begin new project 
development, the proposed new fixed guideway 
capital project shall be authorized and eligible 
for Federal funding under this section. 
‘‘(3) LETTERS OF INTENT AND EARLY SYSTEMS 
WORK AGREEMENTS.—The Secretary, to the max-
imum extent practicable, shall issue letters of intent 
and make early systems work agreements upon 
issuance of a record of decision under the National 
Environmental Policy Act of 1969 (42 U.S.C. 4321 
et seq.). 
‘‘(4) FUNDING
AGREEMENTS.—The Secretary 
shall enter into a full funding grant agreement, ex-
pedited grant agreement, or grant, as appropriate, 
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254 
between the Government and the project sponsor as 
soon as the Secretary determines that the project 
meets the requirements of subsection (d) or (e). 
‘‘(5) RECORDS
RETENTION.—The Secretary 
shall adhere to a uniform records retention policy re-
garding all documentation related to new fixed 
guideway capital projects. 
‘‘(o) REGULATIONS.—Not later than 240 days after 
the date of enactment of the Public Transportation Act 
of 2012, the Secretary shall issue regulations establishing 
new program requirements for the programs created 
under this section, including new evaluation and rating 
processes for proposed projects under this section.’’. 
(b) CLERICAL AMENDMENT.—The analysis for chap-
ter 53 is amended by striking the item relating to section 
5309 and inserting the following: 
‘‘5309. Capital investment grants.’’. 
SEC. 2007. BUS AND BUS FACILITIES FORMULA GRANTS. 
(a) IN GENERAL.—Section 5310 is amended to read 
as follows: 
‘‘§ 5310. Bus and bus facilities formula grants 
‘‘(a) GENERAL AUTHORITY.—The Secretary may 
make grants under this section to assist States and local 
governmental authorities in financing capital projects— 
‘‘(1) to replace, rehabilitate, and purchase buses 
and related equipment; and 
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‘‘(2) to construct bus-related facilities. 
‘‘(b) GRANT REQUIREMENTS.—The requirements of 
subsections (c) and (d) of section 5307 apply to recipients 
of grants made under this section. 
‘‘(c) ELIGIBLE RECIPIENTS AND SUBRECIPIENTS.— 
‘‘(1) RECIPIENTS.—Eligible recipients under 
this section are providers of public transportation in 
urbanized areas that operate fixed route bus services 
and that do not operate heavy rail, commuter rail, 
or light rail services. 
‘‘(2) SUBRECIPIENTS.—A recipient that re-
ceives a grant under this section may allocate the 
amounts provided to subrecipients that are public 
agencies, private companies engaged in public trans-
portation, or private nonprofit organizations. 
‘‘(d) DISTRIBUTION
OF GRANT FUNDS.—Grants 
under this section shall be distributed pursuant to the for-
mula set forth in section 5336 other than subsection (b). 
‘‘(e) GOVERNMENT’S SHARE OF COSTS.— 
‘‘(1) CAPITAL PROJECTS.—A grant for a capital 
project, as defined in section 5302(a)(1), shall be for 
80 percent of the net project cost of the project. The 
recipient may provide additional local matching 
amounts. 
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‘‘(2) REMAINING COSTS.—The remainder of the 
net project cost shall be provided— 
‘‘(A) in cash from non-Government sources 
other than revenues from providing public 
transportation services; 
‘‘(B) from revenues derived from the sale 
of advertising and concessions; 
‘‘(C) from an undistributed cash surplus, a 
replacement or depreciation cash fund or re-
serve, or new capital; and 
‘‘(D) from amounts received under a serv-
ice agreement with a State or local social serv-
ice agency or private social service organization. 
‘‘(f) PERIOD OF AVAILABILITY TO RECIPIENTS.—A 
grant made available under this section may be obligated 
by the recipient for 3 years after the fiscal year in which 
the amount is apportioned. Not later than 30 days after 
the end of the 3-year period, an amount that is not obli-
gated at the end of that period shall be added to the 
amount that may be apportioned under this section in the 
next fiscal year. 
‘‘(g) TRANSFERS OF APPORTIONMENTS.— 
‘‘(1) TRANSFER TO CERTAIN AREAS.—The chief 
executive officer of a State may transfer any part of 
the State’s funds made available under this section 
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to urbanized areas of less than 200,000 in popu-
lation or to rural areas in the State, after consulting 
with responsible local officials and publicly owned 
operators of public transportation in each area for 
which the amount originally was provided under this 
section. 
‘‘(2) TRANSFER TO STATE.—A designated re-
cipient for an urbanized area with a population of at 
least 200,000 may transfer a part of its grant funds 
provided under this section to the chief executive of-
ficer of a State. The chief executive officer shall dis-
tribute the transferred amounts to urbanized areas 
of less than 200,000 in population or to rural areas 
in the State. 
‘‘(h) APPLICATION OF OTHER SECTIONS.—Sections 
5302, 5318, 5323(a)(1), 5323(d), 5323(f), 5332, and 
5333 apply to this section and to a grant made with funds 
apportioned under this section. Except as provided in this 
section, no other provision of this chapter applies to this 
section or to a grant under this section.’’. 
(b) CLERICAL AMENDMENT.—The analysis for chap-
ter 53 is amended by striking the item relating to section 
5310 and inserting the following: 
‘‘5310. Bus and bus facilities formula grants.’’. 
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SEC. 2008. RURAL AREA FORMULA GRANTS. 
(a) AMENDMENT TO SECTION HEADING.—Section 
5311 is amended by striking the section designation and 
heading and inserting the following: 
‘‘§ 5311. Rural area formula grants’’. 
(b) PROGRAM GOALS.—Section 5311(b) is amended 
by adding at the end the following: 
‘‘(5) PROGRAM GOALS.—The goals of this sec-
tion are— 
‘‘(A) to enhance the mobility and access of 
people in rural areas by assisting in the devel-
opment, construction, operation, improvement, 
maintenance, and use of public transportation 
systems and services in rural areas; 
‘‘(B) to increase the intermodalism of and 
connectivity among public transportation sys-
tems and services within rural areas and to 
urban areas by providing for maximum coordi-
nation of programs and services; 
‘‘(C) to increase the state of good repair of 
rural public transportation assets; and 
‘‘(D) to enhance the mobility and access of 
people in rural areas by assisting in the devel-
opment and support of intercity bus transpor-
tation.’’. 
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259 
(c) PROJECTS
OF
NATIONAL
SCOPE.—Section 
5311(b)(3)(C) is amended by adding at the end the fol-
lowing: ‘‘In carrying out such projects, the Secretary shall 
enter into a competitively selected contract to provide on- 
site technical assistance to local and regional governments, 
public transit agencies, and public transportation-related 
nonprofit and for-profit organizations in rural areas for 
the purpose of developing training materials and providing 
necessary training assistance to local officials and agencies 
in rural areas.’’. 
(d) 
APPORTIONMENTS.—Section 
5311(c)(2) 
is 
amended— 
(1) by striking ‘‘and’’ at the end of subpara-
graph (A); 
(2) by striking subparagraph (B) and inserting 
the following: 
‘‘(B) 70 percent shall be apportioned to 
the States in accordance with paragraph (4); 
and’’; and 
(3) by adding at the end the following: 
‘‘(C) 10 percent shall be apportioned to the 
States in accordance with paragraph (5).’’. 
(e) APPORTIONMENTS BASED ON PUBLIC TRANSPOR-
TATION SERVICES PROVIDED IN RURAL AREAS.—Section 
5311(c) is amended by adding at the end the following: 
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‘‘(5) APPORTIONMENTS
BASED
ON
PUBLIC 
TRANSPORTATION
SERVICES
PROVIDED
IN
RURAL 
AREAS.—The Secretary shall apportion to each State 
an amount equal to the amount apportioned under 
paragraph (2)(C) as follows: 
‘‘(A) 1⁄2 of such amount multiplied by the 
ratio that— 
‘‘(i) the number of public transpor-
tation revenue vehicle-miles operated in or 
attributable to rural areas in that State, as 
determined by the Secretary; bears to 
‘‘(ii) the total number of all public 
transportation revenue vehicle-miles oper-
ated in or attributable to rural areas in all 
States; 
‘‘(B) 1⁄2 of such amount multiplied by the 
ratio that— 
‘‘(i) the number of public transpor-
tation unlinked passenger trips operated in 
or attributable to rural areas in that State, 
as determined by the Secretary; bears to 
‘‘(ii) the total number of all public 
transportation unlinked passenger trips op-
erated in or attributable to rural areas in 
all States.’’. 
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(f) USE
FOR ADMINISTRATIVE, PLANNING, AND 
TECHNICAL ASSISTANCE.—Section 5311(e) is amended by 
striking ‘‘15 percent’’ and inserting ‘‘10 percent’’. 
(g) INTERCITY
BUS
TRANSPORTATION.—Section 
5311(f)(1) is amended— 
(1) in subparagraph (B) by striking ‘‘shelters’’ 
and inserting ‘‘facilities’’; and 
(2) in subparagraph (C) by striking ‘‘stops and 
depots’’ and inserting ‘‘facilities’’. 
(h) NON-FEDERAL SHARE.—Section 5311(g)(3) is 
amended— 
(1) in subparagraph (B) by striking ‘‘and’’ at 
the end; 
(2) in subparagraph (C) by striking the period 
at the end and inserting ‘‘; and’’; and 
(3) by adding at the end the following: 
‘‘(D) may be derived from the costs of a 
private operator’s intercity bus service as an in- 
kind match for the operating costs of con-
necting rural intercity bus feeder service funded 
under subsection (f), except that this subpara-
graph shall apply only if the project includes 
both feeder service and a connecting unsub-
sidized intercity route segment and if the pri-
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vate operator agrees in writing to the use of its 
unsubsidized costs as an in-kind match.’’. 
(i) CLERICAL AMENDMENT.—The analysis for chap-
ter 53 is amended by striking the item relating to section 
5311 and inserting the following: 
‘‘5311. Rural area formula grants.’’. 
SEC. 2009. TRANSIT RESEARCH. 
(a) AMENDMENT TO SECTION HEADING.—Section 
5312 is amended by striking the section designation and 
heading and inserting the following: 
‘‘§ 5312. Transit research’’. 
(b) RESEARCH
PROJECTS.—Section 5312(a) is 
amended by adding at the end the following: 
‘‘(4) FUNDING.—The amounts made available 
under section 5338(c) are available to the Secretary 
for grants, contracts, cooperative agreements, or 
other agreements for the purposes of this section 
and sections 5305 and 5322, as the Secretary con-
siders appropriate.’’. 
(c) 
JOINT
PARTNERSHIP
PROGRAM.—Section 
5312(b)(5) is amended by striking ‘‘Mass Transit Ac-
count’’ and inserting ‘‘Alternative Transportation Ac-
count’’. 
(d) TRANSIT COOPERATIVE RESEARCH PROGRAM.— 
Section 5312(c) is amended to read as follows: 
‘‘(c) TRANSIT COOPERATIVE RESEARCH PROGRAM.— 
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‘‘(1) IN GENERAL.—The Secretary shall carry 
out a public transportation cooperative research pro-
gram using amounts made available under section 
5338(c). 
‘‘(2) INDEPENDENT GOVERNING BOARD.—The 
Secretary shall establish an independent governing 
board for the program. The board shall recommend 
public transportation research, development, and 
technology transfer activities to be carried out under 
the program. 
‘‘(3) 
GRANTS
AND
COOPERATIVE
AGREE-
MENTS.—The Secretary may make grants to, and 
enter into cooperative agreements with, the National 
Academy of Sciences to carry out activities under 
this subsection that the Secretary determines appro-
priate.’’. 
(e) GOVERNMENT SHARE.—Section 5312 is amended 
by adding at the end the following: 
‘‘(d) GOVERNMENT SHARE.—If there would be a 
clear and direct financial benefit to an entity under a 
grant or contract financed under this section, the Sec-
retary shall establish a Government share consistent with 
that benefit.’’. 
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264 
(f) CLERICAL AMENDMENT.—The analysis for chap-
ter 53 is amended by striking the item relating to section 
5312 and inserting the following: 
‘‘5312. Transit research.’’. 
SEC. 2010. COORDINATED ACCESS AND MOBILITY PRO-
GRAM FORMULA GRANTS. 
(a) IN GENERAL.—Section 5317 is amended to read 
as follows: 
‘‘§ 5317. Coordinated access and mobility program 
formula grants 
‘‘(a) DEFINITIONS.—In this section, the following 
definitions apply: 
‘‘(1) ELDERLY INDIVIDUAL.—The term ‘elderly 
individual’ means an individual who is age 65 or 
older. 
‘‘(2) ELIGIBLE LOW-INCOME INDIVIDUAL.—The 
term ‘eligible low-income individual’ means an indi-
vidual whose family income is at or below 150 per-
cent of the poverty line (as that term is defined in 
section 673 of the Community Services Block Grant 
Act (42 U.S.C. 9902), including any revision re-
quired by that section) for a family of the size in-
volved. 
‘‘(3) JOB
ACCESS
AND
REVERSE
COMMUTE 
PROJECT.—The term ‘job access and reverse com-
mute project’ means a transportation project to fi-
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nance planning, capital, and operating costs that 
support the development and maintenance of trans-
portation services designed to transport welfare re-
cipients and eligible low-income individuals to and 
from jobs and activities related to their employment, 
including transportation projects that facilitate the 
provision of public transportation services from ur-
banized areas and rural areas to suburban employ-
ment locations. 
‘‘(4) RECIPIENT.—The term ‘recipient’ means a 
designated recipient (as defined in section 5307(a)) 
and a State that directly receives a grant under this 
section. 
‘‘(5) SUBRECIPIENT.—The term ‘subrecipient’ 
means a State or local governmental authority, non-
profit organization, or private operator of public 
transportation services that receives a grant under 
this section indirectly through a recipient. 
‘‘(6) WELFARE RECIPIENT.—The term ‘welfare 
recipient’ means an individual who has received as-
sistance under a State or tribal program funded 
under part A of title IV of the Social Security Act 
(42 U.S.C. 601 et seq.) at any time during the 3- 
year period before the date on which the applicant 
applies for a grant under this section. 
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‘‘(b) GOALS.—The goals of the program established 
under this section are to— 
‘‘(1) improve the accessibility of the Nation’s 
public transportation systems and services; 
‘‘(2) improve the mobility of or otherwise meet 
the special needs of elderly individuals, eligible low- 
income individuals, and individuals with disabilities; 
and 
‘‘(3) improve the coordination among all pro-
viders of public transportation and human services 
transportation. 
‘‘(c) GENERAL AUTHORITY.— 
‘‘(1) 
GRANTS.—The 
Secretary 
may 
make 
grants under this section to recipients for the fol-
lowing purposes: 
‘‘(A) For public transportation projects 
planned, designed, and carried out to meet the 
special needs of elderly individuals and individ-
uals with disabilities. 
‘‘(B) For job access and reverse commute 
projects carried out by the recipient or a sub-
recipient. 
‘‘(C) For new public transportation serv-
ices, and for public transportation alternatives 
beyond those required by the Americans with 
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267 
Disabilities Act of 1990 (42 U.S.C. 12101 et 
seq.), that assist individuals with disabilities 
with transportation, including transportation to 
and from jobs and employment support serv-
ices. 
‘‘(2) 
ACQUIRING
PUBLIC
TRANSPORTATION 
SERVICES.—A public transportation capital project 
under this section may include acquisition of public 
transportation services as an eligible capital expense. 
‘‘(3) ADMINISTRATIVE EXPENSES.—A recipient 
may use not more than 10 percent of the amounts 
apportioned to the recipient under this section to ad-
minister, plan, and provide technical assistance for 
a project funded under this section. 
‘‘(d) APPORTIONMENTS.— 
‘‘(1) FORMULA.—The Secretary, using the most 
recent decennial census data, shall apportion 
amounts made available for a fiscal year to carry out 
this section as follows: 
‘‘(A) 50 percent of the funds shall be ap-
portioned among designated recipients (as de-
fined in section 5307(a)) for urbanized areas 
with a population of 200,000 or more in the 
ratio that— 
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‘‘(i) the number of elderly individuals, 
individuals with disabilities, eligible low-in-
come individuals, and welfare recipients in 
each such urbanized area; bears to 
‘‘(ii) the number of elderly individuals, 
individuals with disabilities, eligible low-in-
come individuals, and welfare recipients in 
all such urbanized areas. 
‘‘(B) 25 percent of the funds shall be ap-
portioned among the States in the ratio that— 
‘‘(i) the number of elderly individuals, 
individuals with disabilities, eligible low-in-
come individuals, and welfare recipients in 
urbanized areas with a population of less 
than 200,000 in each State; bears to 
‘‘(ii) the number of elderly individuals, 
individuals with disabilities, eligible low-in-
come individuals, and welfare recipients in 
urbanized areas with a population of less 
than 200,000 in all States. 
‘‘(C) 25 percent of the funds shall be ap-
portioned among the States in the ratio that— 
‘‘(i) the number of elderly individuals, 
individuals with disabilities, eligible low-in-
come individuals, and welfare recipients in 
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rural areas with a population of less than 
50,000 in each State; bears to 
‘‘(ii) the number of elderly individuals, 
individuals with disabilities, eligible low-in-
come individuals, and welfare recipients in 
rural areas with a population of less than 
50,000 in all States. 
‘‘(2) USE OF APPORTIONED FUNDS.—Except as 
provided in paragraph (3)— 
‘‘(A) funds apportioned under paragraph 
(1)(A) shall be used for projects serving urban-
ized areas with a population of 200,000 or 
more; 
‘‘(B) funds apportioned under paragraph 
(1)(B) shall be used for projects serving urban-
ized areas with a population of less than 
200,000; and 
‘‘(C) funds apportioned under paragraph 
(1)(C) shall be used for projects serving rural 
areas. 
‘‘(3) EXCEPTIONS.—A State may use funds ap-
portioned under paragraph (1)(B) or (1)(C)— 
‘‘(A) for projects serving areas other than 
the area specified in paragraph (2)(B) or 
(2)(C), as the case may be, if the Governor of 
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the State certifies that all of the objectives of 
this section are being met in the specified area; 
or 
‘‘(B) for projects anywhere in the State if 
the State has established a statewide program 
for meeting the objectives of this section. 
‘‘(4) MINIMUM APPORTIONMENT.— 
‘‘(A) IN GENERAL.—The Secretary may es-
tablish a minimum apportionment for States 
and territories under paragraph (1). 
‘‘(B) LIMITATION.—A minimum apportion-
ment received by a State or territory under this 
paragraph for a fiscal year may not exceed the 
total of the fiscal year 2012 apportionments re-
ceived by the State or territory under sections 
5310, 5316, and 5317 (as in effect on the day 
before the date of enactment of the Public 
Transportation Act of 2012). 
‘‘(e) COMPETITIVE PROCESS FOR GRANTS TO SUB-
RECIPIENTS.— 
‘‘(1) AREAWIDE SOLICITATIONS.—A recipient of 
funds apportioned under subsection (d)(1)(A) shall 
conduct, in cooperation with the appropriate metro-
politan planning organization, an areawide solicita-
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tion for applications for grants to the recipient and 
subrecipients under this section. 
‘‘(2) STATEWIDE SOLICITATION.—A recipient of 
funds apportioned under subsection (d)(1)(B) or 
(d)(1)(C) shall conduct a statewide solicitation for 
applications for grants to the recipient and sub-
recipients under this section. 
‘‘(3) SPECIAL RULE.—A recipient of a grant 
under this section may allocate the amounts pro-
vided under the grant to— 
‘‘(A) a nonprofit organization or private 
operator of public transportation, if the public 
transportation service provided under sub-
section (c)(1) is unavailable, insufficient, or in-
appropriate; or 
‘‘(B) in the case of a grant to provide the 
services described in subsection (c)(1)(A), a 
governmental authority that— 
‘‘(i) is approved by the recipient to co-
ordinate services for elderly individuals and 
individuals with disabilities; or 
‘‘(ii) certifies that there are not any 
nonprofit organizations or private opera-
tors of public transportation services read-
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ily available in the area to provide the 
services described in subsection (c)(1)(A). 
‘‘(4) APPLICATION.—Recipients and subrecipi-
ents seeking to receive a grant from funds appor-
tioned under subsection (d) shall submit to the re-
cipient an application in such form and in accord-
ance with such requirements as the recipient shall 
establish. 
‘‘(5) GRANT
AWARDS.—The recipient shall 
award grants under paragraphs (1) and (2) on a 
competitive basis. 
‘‘(6) FAIR AND EQUITABLE DISTRIBUTION.—A 
recipient of a grant under this section shall certify 
to the Secretary that allocations of the grant to sub-
recipients will be distributed on a fair, equitable, and 
competitive basis. 
‘‘(f) GRANT REQUIREMENTS.— 
‘‘(1) IN GENERAL.—Subject to paragraph (2), a 
grant under this section shall be subject to— 
‘‘(A) for a project in an urbanized area, 
the requirements of section 5307; and 
‘‘(B) for a project in a rural area, the re-
quirements of section 5311. 
‘‘(2) WAIVERS.—With respect to a grant made 
to provide services described in subsection (c), the 
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Secretary shall waive application of the requirements 
of section 5307 or 5311 to the extent the Secretary 
determines appropriate. 
‘‘(g) COORDINATION.— 
‘‘(1) IN GENERAL.—The Secretary shall coordi-
nate activities under this section with related activi-
ties under programs of other Federal departments 
and agencies. 
‘‘(2) PROJECT SELECTION AND PLANNING.—A 
recipient of funds under this section shall certify to 
the Secretary that— 
‘‘(A) the projects selected to receive fund-
ing under this section were derived from a lo-
cally developed, coordinated public transpor-
tation-human services transportation plan; 
‘‘(B) the plan was developed through a 
process that included participation by rep-
resentatives of public, private, and nonprofit 
transportation and human services providers 
and participation by the public and appropriate 
advocacy organizations; and 
‘‘(C) the planning process provided for 
consideration of projects and strategies to cre-
ate or improve regional transportation services 
that connect multiple jurisdictions. 
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‘‘(h) GOVERNMENT’S SHARE OF COSTS.— 
‘‘(1) CAPITAL PROJECTS.— 
‘‘(A) IN GENERAL.—Except as provided in 
subparagraph (B), a grant for a capital project 
under this section shall be for 80 percent of the 
net capital costs of the project, as determined 
by the Secretary. The recipient may provide ad-
ditional local matching amounts. 
‘‘(B) EXCEPTION.—A State described in 
section 120(b) of title 23 shall receive an in-
creased Government share in accordance with 
the formula under such section. 
‘‘(2) OPERATING ASSISTANCE.— 
‘‘(A) IN GENERAL.—Except as provided in 
subparagraph (B), a grant made under this sec-
tion for operating assistance may not exceed 50 
percent of the net operating costs of the 
project, as determined by the Secretary. 
‘‘(B) EXCEPTION.—A State described in 
section 120(b) of title 23 shall receive a Gov-
ernment share of the net operating costs that 
equals 62.5 percent of the Government share 
provided for under paragraph (1)(B). 
‘‘(3) REMAINDER.—The remainder of the net 
project costs— 
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‘‘(A) may be provided from an undistrib-
uted cash surplus, a replacement or deprecia-
tion cash fund or reserve, a service agreement 
with a State or local social service agency or a 
private social service organization, or new cap-
ital; 
‘‘(B) may be derived from amounts appro-
priated to or made available to a department or 
agency of the Government (other than the De-
partment of Transportation) that are eligible to 
be expended for transportation; and 
‘‘(C) notwithstanding subparagraph (B), 
may be derived from amounts made available to 
carry out the Federal lands transportation pro-
gram established by section 203 of title 23. 
‘‘(4) USE OF CERTAIN FUNDS.—For purposes 
of paragraph (3)(B), the prohibitions on the use of 
funds for matching requirements under section 
403(a)(5)(C)(vii) of the Social Security Act (42 
U.S.C. 603(a)(5)(C)(vii)) shall not apply to Federal 
or State funds to be used for transportation pur-
poses. 
‘‘(5) 
LIMITATION
ON
OPERATING
ASSIST-
ANCE.—A recipient carrying out a program of oper-
ating assistance under this section may not limit the 
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level or extent of use of the Government grant for 
the payment of operating expenses. 
‘‘(i) LEASING VEHICLES.—Vehicles and equipment 
acquired under this section may be leased to a recipient 
or subrecipient to improve transportation services de-
signed to meet the special needs of elderly individuals, eli-
gible low-income individuals, and individuals with disabil-
ities. 
‘‘(j) MEAL DELIVERY FOR HOMEBOUND INDIVID-
UALS.—Public transportation service providers receiving 
assistance under this section or section 5311(c) may co-
ordinate and assist in regularly providing meal delivery 
service for homebound individuals if the delivery service 
does not conflict with providing public transportation serv-
ice or reduce service to public transportation passengers. 
‘‘(k) TRANSFERS OF FACILITIES AND EQUIPMENT.— 
With the consent of the recipient in possession of a facility 
or equipment acquired with a grant under this section, a 
State may transfer the facility or equipment to any recipi-
ent eligible to receive assistance under this chapter if the 
facility or equipment will continue to be used as required 
under this section. 
‘‘(l) PROGRAM EVALUATION.—Not later than 2 years 
after the date of enactment of the Public Transportation 
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Act of 2012, and not later than 2 years thereafter, the 
Comptroller General shall— 
‘‘(1) conduct a study to evaluate the grant pro-
gram authorized by this section; and 
‘‘(2) transmit to the Committee on Transpor-
tation and Infrastructure of the House of Represent-
atives and the Committee on Banking, Housing, and 
Urban Affairs of the Senate a report describing the 
results of the study under subparagraph (A).’’. 
(b) CLERICAL AMENDMENT.—The analysis for chap-
ter 53 is amended by striking the item relating to section 
5317 and inserting the following: 
‘‘5317. Coordinated access and mobility program formula grants.’’. 
SEC. 2011. TRAINING AND TECHNICAL ASSISTANCE PRO-
GRAMS. 
(a) AMENDMENT TO SECTION HEADING.—Section 
5322 is amended by striking the section designation and 
heading and inserting the following: 
‘‘§ 5322. Training and technical assistance programs’’. 
(b) TRAINING AND OUTREACH.—Section 5322(a) is 
amended— 
(1) by striking ‘‘programs that address’’ and all 
that follows before the period at the end of the first 
sentence and inserting ‘‘programs that address 
training and outreach needs as they apply to public 
transportation activities, and programs that provide 
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public transportation-related technical assistance to 
providers of public transportation services’’; 
(2) by striking ‘‘and’’ at the end of paragraph 
(3); 
(3) by striking the period at the end of para-
graph (4) and inserting ‘‘; and’’; and 
(4) by adding at the end the following: 
‘‘(5) technical assistance provided through na-
tional nonprofit organizations with demonstrated ca-
pacity and expertise in a particular area of public 
transportation policy.’’. 
(c) NATIONAL TRANSIT INSTITUTE, TECHNICAL AS-
SISTANCE, AND FUNDING.—Section 5322 is amended by 
adding at the end the following: 
‘‘(c) NATIONAL TRANSIT INSTITUTE.— 
‘‘(1) GRANTS AND CONTRACTS.—The Secretary 
may award grants or enter into contracts with a 
public university to establish a National Transit In-
stitute to support training and educational programs 
for Federal, State, and local transportation employ-
ees engaged or to be engaged in Government-aid 
public transportation work. 
‘‘(2) EDUCATION
AND
TRAINING.—The Na-
tional Transit Institute shall provide education and 
training to employees of State and local governments 
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at no cost when the education and training is related 
to a responsibility under a Government program. 
‘‘(d) TECHNICAL ASSISTANCE.—The Secretary may 
provide public transportation-related technical assistance 
under this section as follows: 
‘‘(1) To help public transportation providers 
comply with the Americans with Disabilities Act of 
1990 (42 U.S.C. 12101 et seq.) through a competi-
tively selected contract with a national nonprofit or-
ganization serving individuals with disabilities that 
has a demonstrated capacity to carry out technical 
assistance, demonstration programs, research, public 
education, and other activities related to complying 
with such Act. 
‘‘(2) To help public transportation providers 
comply with human services transportation coordina-
tion requirements and to enhance the coordination of 
Federal resources for human services transportation 
with those of the Department of Transportation 
through a competitively selected contract with a na-
tional nonprofit organization that has a dem-
onstrated capacity to carry out technical assistance, 
training, and support services related to complying 
with such requirements. 
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‘‘(3) To help public transportation providers 
meet the transportation needs of elderly individuals 
through a competitively selected contract with a na-
tional nonprofit organization serving elderly individ-
uals that has a demonstrated capacity to carry out 
such activities. 
‘‘(4) To provide additional technical assistance, 
mobility management services, volunteer support 
services, training, and research that the Secretary 
determines will assist public transportation providers 
meet the goals of this section. 
‘‘(e) FUNDING.—Training and outreach programs 
and technical assistance activities performed under this 
section shall be paid for with administrative funds made 
available under section 5338(c).’’. 
(d) CLERICAL AMENDMENT.—The analysis for chap-
ter 53 is amended by striking the item relating to section 
5322 and inserting the following: 
‘‘5322. Training and technical assistance programs.’’. 
SEC. 2012. GENERAL PROVISIONS. 
(a) GOVERNMENT’S SHARE OF COSTS FOR CERTAIN 
PROJECTS.—Section 5323(i) is amended by adding at the 
end the following: 
‘‘(3) COSTS INCURRED BY PROVIDERS OF PUB-
LIC TRANSPORTATION BY VANPOOL.— 
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‘‘(A) LOCAL MATCHING SHARE.—The local 
matching share provided by a recipient of as-
sistance for a capital project under this chapter 
may include any amounts expended by a pro-
vider of public transportation by vanpool for the 
acquisition of rolling stock to be used by such 
provider in the recipient’s service area, exclud-
ing any amounts the provider may have re-
ceived in Federal, State, or local government 
assistance for such acquisition. 
‘‘(B) USE OF REVENUES.—A private pro-
vider of public transportation by vanpool may 
use revenues it receives in the provision of pub-
lic transportation service in the service area of 
a recipient of assistance under this chapter that 
are in excess of the provider’s operating costs 
for the purpose of acquiring rolling stock, if the 
private provider enters into a legally binding 
agreement with the recipient that requires the 
provider to use the rolling stock in the recipi-
ent’s service area. 
‘‘(C) DEFINITIONS.—In this paragraph, 
the following definitions apply: 
‘‘(i) PRIVATE
PROVIDER
OF
PUBLIC 
TRANSPORTATION BY VANPOOL.—The term 
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‘private provider of public transportation 
by vanpool’ means a private entity pro-
viding vanpool services in the service area 
of a recipient of assistance under this 
chapter using a commuter highway vehicle 
or vanpool vehicle. 
‘‘(ii) COMMUTER HIGHWAY VEHICLE; 
VANPOOL VEHICLE.—The term ‘commuter 
highway vehicle’ or ‘vanpool vehicle’ means 
any vehicle— 
‘‘(I) the seating capacity of which 
is at least 6 adults (not including the 
driver); and 
‘‘(II) at least 80 percent of the 
mileage use of which can be reason-
ably expected to be for the purposes 
of transporting commuters in connec-
tion with travel between their resi-
dences and their place of employment. 
‘‘(4) INCENTIVES
FOR
COMPETITIVELY
CON-
TRACTED SERVICE.— 
‘‘(A) ELIGIBILITY.—Subject to subpara-
graph (C), a recipient of assistance under this 
chapter that meets the targets under subpara-
graph (B) for competitively contracted service 
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shall be eligible, at the request of the recipient, 
for a Federal share of 90 percent for the capital 
cost of buses and bus-related facilities and 
equipment purchased with financial assistance 
made available under this chapter. 
‘‘(B) TARGET.—To qualify for the com-
petitively contracted service incentive program 
under this paragraph, a public transit agency or 
governmental unit shall competitively contract 
for at least 20 percent of its fixed route bus 
service. The percentage of competitively con-
tracted service shall be calculated by deter-
mining the ratio of competitively contracted 
service vehicles operated in annual maximum 
service to total vehicles operated in annual max-
imum service. 
‘‘(C) MAINTENANCE OF EFFORT.—A pub-
lic transit agency or governmental unit shall be 
eligible for an increased Federal share under 
this paragraph only if the amount of State and 
local funding provided to the affected public 
transit agency or governmental unit for the 
capital cost of buses and bus-related facilities 
and equipment will not be less than the average 
amount of funding for such purposes provided 
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284 
during the 3 fiscal years preceding the date of 
enactment of this paragraph. 
‘‘(D) DEFINITIONS.—In this paragraph, 
the following definitions apply: 
‘‘(i) 
COMPETITIVELY
CONTRACTED 
SERVICE.—The term ‘competitively con-
tracted service’ means fixed route bus 
transportation service purchased by a pub-
lic transit agency or governmental unit 
from a private transportation provider 
based on a written contract. 
‘‘(ii) VEHICLES OPERATED IN ANNUAL 
MAXIMUM
SERVICE.—The term ‘vehicles 
operated in annual maximum service’ 
means the number of transit vehicles oper-
ated to meet the annual maximum service 
requirement during the peak season of the 
year, on the week and day that maximum 
service is provided.’’. 
(b) REASONABLE ACCESS TO PUBLIC TRANSPOR-
TATION FACILITIES.—Section 5323 is amended by adding 
at the end the following: 
‘‘(q) REASONABLE ACCESS TO PUBLIC TRANSPOR-
TATION FACILITIES.—A recipient of assistance under this 
chapter may not deny reasonable access for a private 
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intercity or charter transportation operator to federally 
funded public transportation facilities, including inter-
modal facilities, park and ride lots, and bus-only highway 
lanes.’’. 
(c) SPECIAL CONDITION ON CHARTER BUS TRANS-
PORTATION SERVICE.—If, in any fiscal year, the Secretary 
is prohibited by law from enforcing regulations related to 
charter bus service under part 604 of title 49, Code of 
Federal Regulations, for any transit agency that during 
fiscal year 2008 was both initially granted a 60-day period 
to come into compliance with part 604, and then was sub-
sequently granted an exception from such part— 
(1) the transit agency shall be precluded from 
receiving its allocation of urbanized area formula 
grant funds for that fiscal year; and 
(2) any amounts withheld pursuant to para-
graph (1) shall be added to the amount that the 
Secretary may apportion under section 5336 of title 
49, United States Code, in the following fiscal year.
SEC. 2013. CONTRACT REQUIREMENTS. 
Section 5325(h) is amended by striking ‘‘Federal 
Public Transportation Act of 2005’’ and inserting ‘‘Public 
Transportation Act of 2012’’. 
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SEC. 2014. PRIVATE SECTOR PARTICIPATION. 
(a) IN GENERAL.—Chapter 53 is amended by insert-
ing after section 5325 the following: 
‘‘§ 5326. Private sector participation 
‘‘(a) GENERAL PURPOSES.—In the interest of ful-
filling the general purposes of this chapter under section 
5301(f), the Secretary shall— 
‘‘(1) better coordinate public and private sector- 
provided public transportation services; and 
‘‘(2) promote more effective utilization of pri-
vate sector expertise, financing, and operational ca-
pacity to deliver costly and complex new fixed guide-
way capital projects. 
‘‘(b) ACTIONS TO PROMOTE BETTER COORDINATION 
BETWEEN PUBLIC AND PRIVATE SECTOR PROVIDERS OF 
PUBLIC TRANSPORTATION.—The Secretary shall— 
‘‘(1) provide technical assistance to recipients of 
Federal transit grant assistance on practices and 
methods to best utilize private providers of public 
transportation; and 
‘‘(2) educate recipients of Federal transit grant 
assistance on laws and regulations under this chap-
ter that impact private providers of public transpor-
tation. 
‘‘(c) ACTIONS TO PROVIDE TECHNICAL ASSISTANCE 
FOR ALTERNATIVE PROJECT DELIVERY METHODS.— 
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Upon request by a sponsor of a new fixed guideway capital 
project, the Secretary shall— 
‘‘(1) identify best practices for public-private 
partnerships models in the United States and in 
other countries; 
‘‘(2) develop standard public-private partner-
ship transaction model contracts; and 
‘‘(3) perform financial assessments that include 
the calculation of public and private benefits of a 
proposed public-private partnership transaction.’’. 
(b) CLERICAL AMENDMENT.—The analysis for such 
chapter is amended by inserting after the item relating 
to section 5325 the following: 
‘‘5326. Private sector participation.’’. 
(c) PUBLIC-PRIVATE PARTNERSHIP PROCEDURES 
AND APPROACHES.— 
(1) IDENTIFY
IMPEDIMENTS.—The Secretary 
shall— 
(A) except as provided in paragraph (4), 
identify any provisions of chapter 53 of title 49, 
United States Code, and any regulations or 
practices thereunder, that impede greater use of 
public-private partnerships and private invest-
ment in public transportation capital projects; 
(B) develop and implement on a project 
basis procedures and approaches that— 
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(i) address such impediments in a 
manner similar to the Special Experi-
mental Project Number 15 of the Federal 
Highway Administration (commonly re-
ferred to as ‘‘SEP–15’’); and 
(ii) protect the public interest and any 
public investment in covered projects. 
(2) REPORT.—Not later than 4 years after the 
date of enactment of this Act, the Secretary shall 
submit to Congress a report on the status of the 
procedures and approaches developed and imple-
mented under paragraph (1). 
(3) RULEMAKING.—Not later than 1 year after 
the date of enactment of this Act, the Secretary 
shall issue rules to carry out the procedures and ap-
proaches developed under paragraph (1). 
(4) RULE OF CONSTRUCTION.—Nothing in this 
subsection may be construed to allow the Secretary 
to waive any requirement under— 
(A) section 5333 of title 49, United States 
Code; 
(B) the National Environmental Policy Act 
of 1969 (42 U.S.C. 4321 et seq.); or 
(C) any other provision of Federal law not 
described in paragraph (2)(A). 
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(d) CONTRACTING OUT STUDY.— 
(1) IN GENERAL.—Not later than 1 year after 
the date of enactment of this Act, the Comptroller 
General shall submit to the Committee on Transpor-
tation and Infrastructure of the House of Represent-
atives and the Committee on Banking, Housing, and 
Urban Affairs of the Senate a comprehensive report 
on the effect of contracting out public transportation 
operations and administrative functions on cost, 
availability and level of service, efficiency, and qual-
ity of service. 
(2) CONSIDERATIONS.—In developing the re-
port, the Comptroller General shall consider— 
(A) the number of grant recipients that 
have contracted out services and the types of 
public transportation services that are per-
formed under contract, including paratransit 
service, fixed route bus service, commuter rail 
operations, and administrative functions; 
(B) the size of the populations served by 
such grant recipients; 
(C) the basis for decisions regarding con-
tracting out such services; 
(D) comparative costs of providing service 
under contract to providing the same service 
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through public transit agency employees, using 
to the greatest extent possible a standard cost 
allocation model; 
(E) the extent of unionization among pri-
vately contracted employees; and 
(F) barriers to contracting out public 
transportation operations and administrative 
functions. 
(e) GUIDANCE ON DOCUMENTING COMPLIANCE.— 
Not later than 1 year after the date of enactment of this 
Act, the Secretary shall publish in the Federal Register 
policy guidance regarding how to best document compli-
ance by recipients of Federal assistance under chapter 53 
of title 49, United States Code, with the requirements re-
garding private enterprise participation in public transpor-
tation planning and transportation improvement programs 
under sections 5203(g)(6) (as added by title IV of this 
Act), and sections 5306(a) and 5307(c) of this title. 
SEC. 2015. PROJECT MANAGEMENT OVERSIGHT. 
Section 5327(c)(1) is amended— 
(1) by striking ‘‘to make contracts’’; and 
(2) by adding at the end the following: 
‘‘(F) 1 percent of amounts made available 
to carry out section 5337. 
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‘‘(G) 0.75 percent of amounts made avail-
able to carry out section 5317.’’. 
SEC. 2016. STATE SAFETY OVERSIGHT. 
(a) GENERAL
AUTHORITY.—Section 5330(b) is 
amended to read as follows: 
‘‘(b) GENERAL AUTHORITY.—The Secretary may re-
quire that up to 100 percent of the amount required to 
be appropriated for use in a State or urbanized area in 
the State under section 5307 for a fiscal year beginning 
after September 30, 2013, be utilized on capital safety im-
provement and state of good repair projects for the benefit 
of fixed guideway transportation systems in such State or 
urbanized area in the State before any other transit cap-
ital project is undertaken, if— 
‘‘(1) the State in the prior fiscal year has not 
met the requirements of subsection (c); or 
‘‘(2) the Secretary has certified that the State 
safety oversight agency (as defined in section 
5336(k)(1)(B)) does not have adequate technical ca-
pacity, personnel resources, and authority under rel-
evant State law to perform the agency’s responsibil-
ities described in that section.’’. 
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SEC. 2017. APPORTIONMENT OF APPROPRIATIONS FOR 
FORMULA GRANTS. 
(a) APPORTIONMENTS.—Section 5336(i) is amended 
to read as follows: 
‘‘(i) APPORTIONMENTS.—Of the amounts made avail-
able for each fiscal year under section 5338(a)(2)(B)— 
‘‘(1) 2 percent shall be apportioned to certain 
urbanized areas with populations of less than 
200,000 in accordance with subsection (j); 
‘‘(2) 1 percent shall be apportioned to applica-
ble States for operational support and training costs 
of State safety oversight agencies and personnel em-
ployed by or under contract to such agencies in ac-
cordance with subsection (k); and 
‘‘(3) any amount not apportioned under para-
graphs (1) and (2) shall be apportioned to urbanized 
areas in accordance with subsections (a) through 
(c).’’. 
(b) STATE SAFETY OVERSIGHT AGENCIES.—Section 
5336(k) is amended to read as follows: 
‘‘(k) STATE SAFETY OVERSIGHT AGENCIES FOR-
MULA.— 
‘‘(1) DEFINITIONS.—In this subsection, the fol-
lowing definitions apply: 
‘‘(A) APPLICABLE STATES.—The term ‘ap-
plicable States’ means States that— 
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‘‘(i) have rail fixed guideway public 
transportation systems that are not subject 
to regulation by the Federal Railroad Ad-
ministration; or 
‘‘(ii) are designing or constructing rail 
fixed guideway public transportation sys-
tems that will not be subject to regulation 
by the Federal Railroad Administration. 
‘‘(B) STATE
SAFETY
OVERSIGHT
AGEN-
CIES.—The term ‘State safety oversight agency’ 
means a designated State authority that has re-
sponsibility— 
‘‘(i) for requiring, reviewing, approv-
ing, and monitoring safety program plans 
under section 5330(c)(1); 
‘‘(ii) for investigating hazardous con-
ditions and accidents on fixed guideway 
public transportation systems that are not 
subject to regulation by the Federal Rail-
road Administration; and 
‘‘(iii) for requiring action to correct or 
eliminate those conditions. 
‘‘(2) APPORTIONMENT.— 
‘‘(A) 
APPORTIONMENT
FORMULA.—The 
amount to be apportioned under subsection 
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(i)(2) shall be apportioned among applicable 
States under a formula to be established by the 
Secretary. Such formula shall take into account 
factors of fixed guideway revenue vehicle miles, 
fixed guideway route miles, and fixed guideway 
vehicle passenger miles attributable to all rail 
fixed guideway systems not subject to regula-
tion by the Federal Railroad Administration 
within each applicable State. 
‘‘(B) 
RECIPIENTS
OF
APPORTIONED 
AMOUNTS.—Amounts apportioned under the 
formula established pursuant to subparagraph 
(A) shall be made available as grants to State 
safety oversight agencies. Such grants are sub-
ject to uniform administrative requirements for 
grants and cooperative agreements to State and 
local governments under part 18 of title 49, 
Code of Federal Regulations, and are subject to 
the requirements of this chapter as the Sec-
retary determines appropriate. 
‘‘(C) USE
OF
FUNDS.—A State safety 
oversight agency may use funds apportioned 
under subparagraph (A) for program oper-
ational and administrative expenses, including 
employee training activities, that assist the 
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agency in carrying out its responsibilities de-
scribed in paragraph (1)(B). 
‘‘(D) CERTIFICATION PROCESS.— 
‘‘(i) 
DETERMINATIONS.—The 
Sec-
retary shall determine whether or not each 
State safety oversight agency has adequate 
technical capacity, personnel resources, 
and authority under relevant State law to 
perform the agency’s defined responsibil-
ities described in paragraph (1)(B). 
‘‘(ii) ISSUANCE
OF
CERTIFICATIONS 
AND DENIALS.—The Secretary shall— 
‘‘(I) issue a certification to each 
State safety oversight agency that the 
Secretary determines under clause (i) 
has adequate technical capacity, per-
sonnel resources, and authority; and 
‘‘(II) issue a denial of certifi-
cation to each State safety oversight 
agency that the Secretary determines 
under clause (i) does not have ade-
quate technical capacity, personnel re-
sources, and authority, and provide 
the agency with a written explanation 
of the reasons for the denial. 
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‘‘(E) ANNUAL REPORT.—On or before July 
1 of each year, the Secretary shall submit to 
the Committee on Transportation and Infra-
structure of the House of Representatives and 
the Committee on Banking, Housing, and 
Urban Affairs of the Senate a report on— 
‘‘(i) the amount of funds apportioned 
to each applicable State; and 
‘‘(ii) the certification status of each 
State safety oversight agency, including 
what steps an agency that has been denied 
certification must take in order to be so 
certified.’’. 
SEC. 2018. FIXED GUIDEWAY MODERNIZATION FORMULA 
GRANTS. 
(a) AMENDMENT TO SECTION HEADING.—Section 
5337 is amended— 
(1) by striking the section designation and 
heading and inserting the following: 
‘‘§ 5337. Fixed guideway modernization program’’. 
(b) PROGRAM GOALS.—Section 5337 is amended— 
(1) by redesignating subsections (a) through (f) 
as subsections (c) through (h), respectively; and 
(2) by inserting before subsection (c) (as so re-
designated) the following: 
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‘‘(a) PROGRAM GOALS.—The goals of the fixed guide-
way modernization program are— 
‘‘(1) to rehabilitate, maintain, and preserve the 
Nation’s fixed guideway public transportation sys-
tems; 
‘‘(2) to reduce the maintenance backlog and in-
crease the state of good repair of the Nation’s fixed 
guideway public transportation systems; and 
‘‘(3) to increase the overall ridership on fixed 
guideway public transportation systems. 
‘‘(b) GENERAL AUTHORITY.—The Secretary may 
make grants to eligible recipients under this section to as-
sist State and local government authorities in financing 
capital projects to modernize eligible fixed guideway sys-
tems.’’. 
(c) DISTRIBUTION.—Section 5337(c) (as redesig-
nated by subsection (b)(1) of this section) is amended by 
striking ‘‘under section 5309’’ and all that follows before 
paragraph (1) and inserting ‘‘for a fiscal year as follows:’’. 
(d) AVAILABILITY OF AMOUNTS.—Section 5337(f) 
(as redesignated by subsection (b)(1) of this section) is 
amended to read as follows: 
‘‘(f) AVAILABILITY OF AMOUNTS.—An amount ap-
propriated under this section shall remain available for a 
period of 3 fiscal years after the fiscal year in which the 
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amount is appropriated. Any of such amount that is unob-
ligated at the end of such period shall be reapportioned 
for the next fiscal year among eligible recipients in accord-
ance with subsection (c).’’. 
(e) 
GRANT
REQUIREMENTS.—Section 
5337 
is 
amended by adding at the end the following: 
‘‘(i) UNDERTAKING PROJECTS IN ADVANCE.— 
‘‘(1) IN GENERAL.—When a recipient obligates 
all amounts apportioned to it under this section and 
then carries out a part of a project described in this 
section without amounts of the Government and ac-
cording to all applicable procedures and require-
ments (except to the extent the procedures and re-
quirements limit a State to carrying out a project 
with amounts of the Government previously appor-
tioned to it), the Secretary may pay to the recipient 
the Government’s share of the cost of carrying out 
that part when additional amounts are apportioned 
to the recipient under this section if— 
‘‘(A) the recipient applies for the payment; 
‘‘(B) the Secretary approves the payment; 
and 
‘‘(C) before carrying out that part, the 
Secretary approves the plans and specifications 
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for the part in the same way as for other 
projects under this section. 
‘‘(2) REQUIREMENT FOR APPROVAL OF APPLI-
CATIONS.—The Secretary may approve an applica-
tion under paragraph (1) only if an authorization for 
this section is in effect for the fiscal year to which 
the application applies. 
‘‘(3) INTEREST PAYMENTS.—The cost of car-
rying out that part of a project includes the amount 
of interest earned and payable on bonds issued by 
the recipient to the extent proceeds of the bonds are 
expended in carrying out this part. However, the 
amount of interest allowed under this paragraph 
may not be more than the most favorable financing 
terms reasonably available for the project at the 
time of borrowing. The applicant shall certify, in a 
manner satisfactory to the Secretary, that the appli-
cant has shown reasonable diligence in seeking the 
most favorable financing terms. 
‘‘(j) GRANT REQUIREMENTS.—A grant under this 
section shall be subject to the requirements of subsections 
(c), (d), (e), (h), (i), and (m) of section 5307.’’. 
(f) CLERICAL AMENDMENT.—The analysis for chap-
ter 53 is amended by striking the item relating to section 
5337 and inserting the following: 
‘‘5337. Fixed guideway modernization program.’’. 
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SEC. 2019. AUTHORIZATIONS. 
(a) IN GENERAL.—Section 5338 is amended to read 
as follows: 
‘‘§ 5338. Authorizations 
‘‘(a) FORMULA AND BUS GRANTS.— 
‘‘(1) IN
GENERAL.—There shall be available 
from the Alternative Transportation Account of the 
Highway Trust Fund to carry out sections 5305, 
5307, 5310, 5311, 5317, 5330, 5335, and 5337 
$8,400,000,000 for each of fiscal years 2013 
through 2016. 
‘‘(2) ALLOCATION OF FUNDS.—Amounts made 
available under paragraph (1) shall be allocated as 
follows: 
‘‘(A) $126,000,000 for each of fiscal years 
2013 through 2016 shall be available to carry 
out section 5305. 
‘‘(B) $4,578,000,000 for each of fiscal 
years 2013 through 2016 shall be allocated in 
accordance with section 5336 to provide finan-
cial assistance for urbanized areas and State 
safety oversight agencies under sections 5307 
and 5336(k). 
‘‘(C) $840,000,000 for each of fiscal years 
2013 through 2016 shall be available to provide 
financial assistance for States and local govern-
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mental authorities to replace, rehabilitate, and 
purchase buses and related equipment and to 
construct bus-related facilities under section 
5310. Of such amount, $3,000,000 shall be 
available for each fiscal year for bus testing 
under section 5318. 
‘‘(D) $672,000,000 for each of fiscal years 
2013 through 2016 shall be available to provide 
financial assistance for rural areas under sec-
tion 5311. 
‘‘(E) $504,000,000 for each of fiscal years 
2013 through 2016 shall be available to provide 
financial assistance for recipients and subrecipi-
ents to provide coordinated access and mobility 
public transportation projects and services 
under section 5317. 
‘‘(F) $3,500,000 for each of fiscal years 
2013 through 2016 shall be available to carry 
out section 5335. Such amount shall be made 
available from funds allocated in accordance 
with section 5336 before the apportionments 
under subsection 5336(i) are carried out. 
‘‘(G) $1,680,000,000 for each of fiscal 
years 2013 through 2016 shall be made avail-
able and allocated in accordance with section 
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5337 to provide financial assistance for State 
and local government authorities to finance cap-
ital projects to modernize eligible fixed guide-
way systems. 
‘‘(b) CAPITAL INVESTMENT GRANTS.—There is au-
thorized to be appropriated to carry out section 
5309(m)(2) $1,955,000,000 for each of fiscal years 2013 
through 2016. 
‘‘(c) RESEARCH, TRAINING
AND OUTREACH, AND 
TECHNICAL ASSISTANCE.—There is authorized to be ap-
propriated to carry out the transit research program 
under section 5312 and the training and outreach, Na-
tional Transit Institute, and technical assistance activities 
authorized by section 5322, $45,000,000 for each of fiscal 
years 2013 through 2016. Such amounts shall remain 
available until expended. 
‘‘(d) ADMINISTRATION.—There is authorized to be 
appropriated to carry out sections 5326 and 5334 
$98,000,000 for each of fiscal years 2013 through 2016. 
‘‘(e) GRANTS AS CONTRACTUAL OBLIGATIONS.— 
‘‘(1) GRANTS FINANCED FROM HIGHWAY TRUST 
FUND.—A grant or contract that is approved by the 
Secretary and financed with amounts made available 
from the Alternative Transportation Account of the 
Highway Trust Fund pursuant to this section is a 
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contractual obligation of the Government to pay the 
Federal share of the cost of the project. 
‘‘(2) 
GRANTS
FINANCED
FROM
GENERAL 
FUND.—A grant or contract that is approved by the 
Secretary and financed with amounts appropriated 
in advance from the General Fund of the Treasury 
pursuant to this section is a contractual obligation 
of the Government to pay the Federal share of the 
cost of the project only to the extent that amounts 
are appropriated for such purpose by an Act of Con-
gress.’’. 
SEC. 2020. OBLIGATION LIMITS. 
The total of all obligations from amounts made avail-
able from the Alternative Transportation Account of the 
Highway Trust Fund by, and amounts appropriated 
under, subsections (a) through (d) of section 5338 of title 
49, United States Code, shall not exceed $10,498,000,000 
in each of fiscal years 2013 through 2016, of which not 
more than $8,400,000,000 shall be from the Alternative 
Transportation Account. 
SEC. 2021. PROGRAM ELIMINATION AND CONSOLIDATION. 
(a) GENERAL PROVISION.—A repeal or amendment 
made by this section shall not affect funds apportioned 
or allocated before the effective date of the repeal. 
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(b) CLEAN FUELS DISCRETIONARY GRANT PRO-
GRAM.—Section 5308, and the item relating to that sec-
tion in the analysis for chapter 53, are repealed. 
(c) CONFORMING AMENDMENTS REGARDING FOR-
MULA GRANTS FOR SPECIAL NEEDS OF ELDERLY INDI-
VIDUALS AND INDIVIDUALS WITH DISABILITIES.— 
(1) Section 5327(c) is amended by striking 
‘‘5310’’ each place it appears and inserting ‘‘5317’’. 
(2) Section 31138(e)(4) is amended by striking 
‘‘section 5307, 5310, or 5311’’ and inserting ‘‘sec-
tion 5307, 5311, or 5317’’. 
(d) PUBLIC TRANSPORTATION ON INDIAN RESERVA-
TIONS.—Section 5311(c)(1) is repealed. 
(e) TRANSIT COOPERATIVE RESEARCH PROGRAM.— 
Section 5313, and the item relating to that section in the 
analysis for chapter 53, are repealed. 
(f) 
NATIONAL
RESEARCH
PROGRAMS.—Section 
5314, and the item relating to that section in the analysis 
for chapter 53, are repealed. 
(g) NATIONAL TRANSIT INSTITUTE.— 
(1) REPEAL.—Section 5315, and the item relat-
ing to that section in the analysis for chapter 53, 
are repealed. 
(2) CONFORMING AMENDMENTS.—Chapter 53 
is amended— 
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(A) in section 5305(e)(1)(A) by striking 
‘‘5315,’’; and 
(B) in section 5307(k)(1) by striking 
‘‘5315(c)’’. 
(h) BICYCLE FACILITIES.—Section 3519 is amended 
by striking the last sentence. 
(i) JOB ACCESS AND REVERSE COMMUTE FORMULA 
GRANTS.— 
(1) REPEAL.—Section 5316, and the item relat-
ing to that section in the analysis for chapter 53, 
are repealed. 
(2) CONFORMING AMENDMENT.—Chapter 53 is 
amended in section 5333(b)(1) by striking ‘‘5316,’’ 
each place it appears. 
(j) PAUL S. SARBANES TRANSIT IN THE PARKS PRO-
GRAM.— 
(1) REPEAL.—Section 5320, and the item relat-
ing to that section in the analysis for chapter 53, 
are repealed. 
(2) 
CONFORMING
AMENDMENTS.—Section 
5327(c) is amended— 
(A) in paragraph (1) by striking subpara-
graph (F); and 
(B) in paragraph (2)(B) by striking 
‘‘5311, and 5320’’ and inserting ‘‘and 5311’’ 
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(k) REPEAL
OF DEBT SERVICE RESERVE PILOT 
PROGRAM.—Section 5323(e) is amended by striking para-
graph (4). 
(l) PROGRAM OF INTERRELATED PROJECTS.—Sec-
tion 5328 is amended by striking subsection (c). 
(m) ALTERNATIVES ANALYSIS.—Section 5339, and 
the item relating to that section in the analysis for chapter 
53, are repealed. 
(n) APPORTIONMENTS BASED ON GROWING STATES 
AND HIGH DENSITY STATES FORMULA FACTORS.—Sec-
tion 5340, and the item relating to that section in the 
analysis for chapter 53, are repealed. 
(o) CONTRACTED
PARATRANSIT
PILOT.—Section 
3009 of SAFETEA–LU (119 Stat. 1572) is amended by 
striking subsection (i). 
(p) ELDERLY INDIVIDUALS AND INDIVIDUALS WITH 
DISABILITIES
PILOT
PROGRAM.—Section 3012(b) of 
SAFETEA–LU (49 U.S.C. 5310 note; 119 Stat. 1591) 
is repealed. 
(q) NATIONAL FUEL CELL BUS TECHNOLOGY DE-
VELOPMENT PROGRAM.—Section 3045 of SAFETEA–LU 
(49 U.S.C. 5308 note; 119 Stat. 1705), and the item re-
lating to that section in the table of contents contained 
in section 1(b) of that Act, are repealed. 
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307 
(r) ALLOCATIONS FOR NATIONAL RESEARCH AND 
TECHNOLOGY PROGRAMS.—Section 3046 of SAFETEA– 
LU (49 U.S.C. 5338 note; 119 Stat. 1706), and the item 
relating to that section in the table of contents contained 
in section 1(b) of that Act, are repealed. 
(s) OVER-THE-ROAD
BUS
ACCESSIBILITY
PRO-
GRAM.—Section 3038 of the Transportation Equity Act 
for the 21st Century (49 U.S.C. 5310 note; 112 Stat. 
392), and the item relating to that section in the table 
of contents contained in section 1(b) of that Act, are re-
pealed. 
TITLE III—ENVIRONMENTAL 
STREAMLINING 
SEC. 3001. 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. 3002. DECLARATION OF POLICY. 
(a) 
EXPEDITED
PROJECT
DELIVERY.—Section 
101(b) is amended by adding at the end the following: 
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‘‘(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 5203 and 5204 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; 
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‘‘(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. 3003. EXPEDITED PERMITS. 
(a) IN GENERAL.—Notwithstanding any other provi-
sion of law, the President may issue, during the 2-year 
period beginning on the date of enactment of this Act, an 
expedited permit for any transportation infrastructure 
project determined by the President to enhance the eco-
nomic competitiveness of the United States. 
(b) APPLICATION.— 
(1) IN GENERAL.—For a transportation infra-
structure project to be eligible for a permit under 
subsection (a), the Secretary of Transportation shall 
submit to the President an application in the man-
ner and containing the information required by the 
President. 
(2) OTHER
ELIGIBLE
APPLICANTS.—A State, 
local government, or public transportation agency 
carrying out a transportation infrastructure project 
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may submit an application for a permit under sub-
section (a) to the Secretary of Transportation, and 
the Secretary shall submit the application to the 
President. 
(3) RULE OF CONSTRUCTION.—The submission 
of an application to the President pursuant to para-
graphs (1) and (2) is not subject to the National 
Environmental Policy Act of 1969 (42 U.S.C. 4321 
et seq.). 
(c) DETERMINATIONS.— 
(1) IN GENERAL.—Not later than 30 days after 
the date on which the President receives the applica-
tion under this subsection, the President shall— 
(A) approve the application if the Presi-
dent determines the transportation infrastruc-
ture project is imperative to improving the eco-
nomic competitiveness of the United States; or 
(B) deny the application. 
(2) FAILURE TO MAKE A DETERMINATION.—If 
the President fails to approve or deny an application 
in accordance with paragraph (1), the application 
shall be treated as approved. 
(d) EFFECT OF PERMIT.— 
(1) RULE
OF
CONSTRUCTION.—A transpor-
tation infrastructure project with respect to which a 
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permit is issued under subsection (a) shall be 
deemed as in compliance with all applicable Federal 
laws, including applicable regulations. 
(2) JUDICIAL REVIEW.—The submission of an 
application for a permit, and any permit issued or 
approved under this section (including compliance 
with all Federal laws and regulations applicable to 
such permit) shall not be subject to judicial review. 
(e) NOTICE.—Not later than 5 days after the date 
on which a permit is issued under subsection (a), the Sec-
retary of Transportation shall provide notice of the permit 
to the head of each Federal agency that administers a law, 
including a regulation, applicable to the project for which 
the permit is issued. 
(f) RESPONSIBILITY OF FEDERAL AGENCIES.—The 
head of each Federal agency shall establish, maintain, and 
periodically publish in the Federal Register a record of 
any notice received under subsection (e), including a de-
scription of the basis on which the applicable permit was 
issued. 
SEC. 3004. EXEMPTION IN EMERGENCIES. 
Any road, highway, or bridge that 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 
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the Robert T. Stafford Disaster Relief and Emergency As-
sistance Act (42 U.S.C. 5121), may be reconstructed in 
the same location with the same capacity, dimensions, and 
design as before the emergency and shall be exempt from 
any environmental reviews, approvals, licensing, and per-
mit 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 11990 (42 U.S.C. 4321 
note; relating to the protection of wetlands); and 
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(9) any Federal law (including regulations) re-
quiring no net loss of wetlands. 
SEC. 3005. 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 
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(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.— 
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‘‘(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 
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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 5203 and 5204 of title 49, United States Code. 
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. 
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‘‘(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. 3006. STANDARDS. 
Section 109 (as amended by title I of this Act) is 
further amended by adding at the end the following: 
‘‘(s) 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 
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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.’’. 
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SEC. 3007. 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 
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321 
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(s).’’. 
(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, 
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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 
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323 
(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-
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324 
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(s).’’. 
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325 
SEC. 3008. 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).’’. 
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326 
SEC. 3009. 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. 3010. 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 
section 3009 of 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-
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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.— 
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(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-
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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— 
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‘‘(I) consistent with the transpor-
tation mode and general design of the 
project described in the long-range 
transportation plan or transportation 
improvement program prepared pur-
suant to sections 5203 or 5204 of title 
49; and 
‘‘(II) consistent with the funding 
identified for the project under the 
fiscal constraint requirements of sec-
tions 5203 or 5204 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. 
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‘‘(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. 
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332 
‘‘(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 5203 or 5204 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 
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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 
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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. 
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‘‘(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) JUDICIAL REVIEW.— 
‘‘(i) IN GENERAL.—An approval of a 
project under subparagraph (C) shall not 
be subject to judicial review. 
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‘‘(ii) WRITTEN
FINDING.—The Sec-
retary 
may 
issue 
a 
written 
finding 
verifying the approval made in accordance 
with this paragraph.’’; 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 (as amended by title I of this Act) 
is further amended— 
(1) by redesignating subsections (i) through (l) 
as subsections (k) through (n), respectively; and 
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(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 
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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 
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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.’’. 
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340 
(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 American Energy and 
Infrastructure Jobs Act of 2012, 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.’’. 
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341 
(j) LIMITATIONS ON CLAIMS.—Section 139(n) (as re-
designated by subsection (h)(1) of this section) is further 
amended— 
(1) in paragraph (1) by striking ‘‘180 days’’ 
and inserting ‘‘90 days’’; and 
(2) by striking paragraph (2) and inserting the 
following: 
‘‘(2) NEW INFORMATION.—The preparation of 
a supplemental environmental impact statement or 
other environmental document when required by this 
section shall be considered a separate final agency 
action and the deadline for filing a claim for judicial 
review of such action shall be 90 days after the date 
of publication of a notice in the Federal Register an-
nouncing such action.’’. 
(k) LIMITATIONS
ON JUDICIAL RELIEF.—Section 
139 is further amended by adding at the end the following: 
‘‘(o) LIMITATIONS ON JUDICIAL RELIEF.—Notwith-
standing any other provision of law, the following limita-
tions shall apply to actions brought before a court in con-
nection with a project under this section: 
‘‘(1) Venue for any action shall be where the 
project is located. 
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342 
‘‘(2) A specific property interest impacted by 
the transportation project in question must exist in 
order to have standing to bring an action. 
‘‘(3) No action may be commenced by any per-
son alleging a violation of— 
‘‘(A) the National Environmental Policy 
Act of 1969 (42 U.S.C. 4321 et seq.), chapters 
5 and 7 of title 5, United States Code, or any 
other Federal law applicable to the evaluation, 
avoidance, or mitigation of environmental im-
pacts of the project if such Federal law is iden-
tified in the draft environmental impact state-
ment, unless such person provided written no-
tice to the lead agency of the alleged violation 
of law, and the facts supporting such claim, 
during the public comment period on the draft 
environmental impact statement; or 
‘‘(B) any other law with regard to the 
project unless such person provided written no-
tice to the applicable approving agency of the 
alleged violation of law, and the facts sup-
porting such claim, during the public comment 
period on such agency approval. 
‘‘(4) Elected or appointed officials working for 
the Government or a State government may not be 
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named in their individual capacities in an action if 
they are acting within the scope of their official du-
ties.’’. 
SEC. 3011. 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. 3012. INTEGRATION OF PLANNING AND ENVIRON-
MENTAL REVIEW. 
(a) IN GENERAL.—Chapter 1 is amended by adding 
at the end the following: 
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344 
‘‘§ 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-
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345 
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 
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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. 
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‘‘(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 
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‘‘(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; 
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‘‘(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-
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350 
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 
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351 
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, 
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352 
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. 3013. 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.— 
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‘‘(1) SCALE.—A programmatic mitigation plan 
may be developed on a regional, ecosystem, water-
shed, or statewide scale. 
‘‘(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; 
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‘‘(2) an assessment of potential opportunities to 
improve the overall quality of environmental re-
sources in the geographic area covered by the plan, 
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— 
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‘‘(1) consult with the agency or agencies with 
jurisdiction over the environmental resources consid-
ered in the programmatic mitigation plan; 
‘‘(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-
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proaches to reviews under the National Environmental 
Policy Act of 1969 (42 U.S.C. 4321 et seq.).’’. 
(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. 3014. 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. 3015. SURFACE TRANSPORTATION PROJECT DELIV-
ERY 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’’. 
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(b) 
ASSUMPTION
OF
RESPONSIBILITY.—Section 
327(a)(2) is amended— 
(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 5203 or 5204 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 American En-
ergy and Infrastructure Jobs Act of 2012, the Sec-
retary shall amend, as appropriate,’’. 
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(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.’’. 
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(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 
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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. 3016. PROGRAM FOR ELIMINATING DUPLICATION OF 
ENVIRONMENTAL REVIEWS. 
(a) IN GENERAL.—Chapter 3 (as amended by title 
I of this Act) is further amended by adding at the end 
the following: 
‘‘§ 331. 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-
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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. 
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‘‘(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 
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‘‘(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 
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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-
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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: 
‘‘331. Program for eliminating duplication of environmental reviews.’’. 
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366 
SEC. 3017. 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: 
‘‘SEC. 332. 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. 
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‘‘(2) An oversight process, including periodic re-
views conducted by attorneys employed by such Ad-
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 
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368 
regulations issued by the Federal Highway Administra-
tion.’’. 
(b) CLERICAL AMENDMENT.—The analysis for such 
chapter (as amended by this title) is further amended by 
adding at the end the following: 
‘‘332. State performance of legal sufficiency reviews.’’. 
SEC. 3018. 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. 
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369 
SEC. 3019. ENVIRONMENTAL REVIEW PROCESS DEADLINE. 
(a) IN GENERAL.— 
(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) APPEAL.—In this section, the following rules 
shall apply: 
(1) There shall be a single administrative ap-
peal for the environmental review process carried out 
pursuant to this section. 
(2) Upon resolution of the administrative ap-
peal, judicial review of the final agency decision after 
exhaustion of administrative remedies shall lie with 
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the United States Court of Appeals for the District 
of Columbia Circuit. 
(3) An appeal to the court specified in para-
graph (2) shall be based only on the administrative 
record. 
(4) After an agency has made a final decision 
with respect to the environmental review process car-
ried out under this section, that decision shall be ef-
fective during the course of any subsequent appeal 
to a court specified in paragraph (2). 
(5) All civil actions arising under this section 
shall be considered to arise under the laws of the 
United States. 
(c) 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 
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 
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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. 
SEC. 3020. 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 
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372 
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.— 
(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. 
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(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 
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 
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374 
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-
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 
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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.); 
(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 
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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.— 
(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 
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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 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 
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 
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(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-
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-
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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: 
‘‘§ 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 
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 
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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, 
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 
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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 
depreciation on engineering and road-building equip-
ment, shall be credited to the applicable appropria-
tion.’’. 
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382 
TITLE IV—TRANSPORTATION 
PLANNING 
SEC. 4001. TRANSPORTATION PLANNING. 
(a) IN GENERAL.—Subtitle III of title 49, United 
States Code, is amended by inserting after chapter 51 the 
following: 
‘‘CHAPTER 52—TRANSPORTATION 
PLANNING 
‘‘Sec. 
‘‘5201. Policy. 
‘‘5202. Definitions. 
‘‘5203. Metropolitan transportation planning. 
‘‘5204. Statewide transportation planning. 
‘‘5205. National strategic transportation plan. 
‘‘5206. National performance management system. 
‘‘§ 5201. Policy 
‘‘(a) IN GENERAL.—It is in the national interest to— 
‘‘(1) encourage and promote the safe and effi-
cient management, operation, and development of 
surface transportation systems that will serve the 
mobility needs of people and freight and foster eco-
nomic growth and development within and between 
States and urbanized areas, while minimizing trans-
portation-related fuel consumption and air pollution 
through metropolitan and statewide transportation 
planning processes identified in this chapter; and 
‘‘(2) encourage the continued improvement and 
evolution of the metropolitan and statewide trans-
portation planning processes by metropolitan plan-
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383 
ning organizations, State departments of transpor-
tation, and public transportation operators as guided 
by the planning factors identified in sections 5203(f) 
and 5204(d). 
‘‘(b) COMMON TRANSPORTATION PLANNING PRO-
GRAM.—This chapter provides a common transportation 
planning program to be administered by the Federal High-
way Administration and the Federal Transit Administra-
tion. 
‘‘§ 5202. Definitions 
‘‘In this chapter, the following definitions apply: 
‘‘(1) METROPOLITAN
PLANNING
AREA.—The 
term ‘metropolitan planning area’ means the geo-
graphic area determined by agreement between the 
metropolitan planning organization for the area and 
the Governor under section 5203(c). 
‘‘(2) METROPOLITAN LONG-RANGE TRANSPOR-
TATION PLAN.—The term ‘metropolitan long-range 
transportation plan’ means a long-range transpor-
tation plan developed by an MPO under section 
5203 for a metropolitan planning area. 
‘‘(3) METROPOLITAN PLANNING ORGANIZATION; 
MPO.—The term ‘metropolitan planning organiza-
tion’ or ‘MPO’ means the policy board of an organi-
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zation created as a result of the designation process 
in section 5203(b). 
‘‘(4) METROPOLITAN
TRANSPORTATION
IM-
PROVEMENT
PROGRAM; METROPOLITAN
TIP.—The 
term ‘metropolitan transportation improvement pro-
gram’ or ‘metropolitan TIP’ means a transportation 
improvement program developed by an MPO under 
section 5203 for a metropolitan planning area. 
‘‘(5) NONMETROPOLITAN
AREA.—The term 
‘nonmetropolitan area’ means a geographic area out-
side designated metropolitan planning areas. 
‘‘(6) NONMETROPOLITAN
LOCAL
OFFICIAL.— 
The term ‘nonmetropolitan local official’ means 
elected and appointed officials of general purpose 
local government in a nonmetropolitan area with re-
sponsibility for transportation. 
‘‘(7) REGIONAL
TRANSPORTATION
PLANNING 
ORGANIZATION.—The term ‘regional transportation 
planning organization’ means a policy board of an 
organization created as the result of a designation 
under section 5204(k). 
‘‘(8) SECRETARY.—The term ‘Secretary’ means 
the Secretary of Transportation. 
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385 
‘‘(9) STATE.—The term ‘State’ means any of 
the 50 States, the District of Columbia, or Puerto 
Rico. 
‘‘(10) STATEWIDE
STRATEGIC
LONG-RANGE 
TRANSPORTATION PLAN.—The term ‘statewide stra-
tegic long-range transportation plan’ means a stra-
tegic long-range transportation plan developed by a 
State under section 5204 for all areas of the State. 
‘‘(11) STATEWIDE TRANSPORTATION IMPROVE-
MENT PROGRAM; STATEWIDE TIP.—The term ‘state-
wide transportation improvement program’ or ‘state-
wide TIP’ means a transportation improvement pro-
gram developed by a State under section 5204 for 
all areas of the State. 
‘‘(12) URBANIZED AREA.—The term ‘urbanized 
area’ means a geographic area with a population of 
50,000 or more, as designated by the Bureau of the 
Census. 
‘‘§ 5203. Metropolitan transportation planning 
‘‘(a) GENERAL REQUIREMENTS.— 
‘‘(1) DEVELOPMENT OF METROPOLITAN LONG- 
RANGE PLANS AND TIPS.—To accomplish the objec-
tives set forth in section 5201, metropolitan plan-
ning organizations designated under subsection (b), 
in cooperation with the State and public transpor-
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tation operators, shall develop metropolitan long- 
range transportation plans and transportation im-
provement programs for metropolitan planning areas 
of the State. 
‘‘(2) 
CONTENTS.—Metropolitan 
long-range 
transportation plans and TIPs shall provide for the 
development and integrated management and oper-
ation of transportation systems and facilities (includ-
ing accessible pedestrian walkways, bicycle transpor-
tation facilities, and intermodal facilities that sup-
port intercity transportation, including intercity 
buses and intercity bus facilities) that will function 
as an intermodal transportation system for the met-
ropolitan planning area and as an integral part of 
an intermodal transportation system for the State 
and the United States. 
‘‘(3) PROCESS OF DEVELOPMENT.—The process 
for developing metropolitan long-range transpor-
tation plans and TIPs shall provide for consideration 
of all modes of transportation and shall be con-
tinuing, cooperative, and comprehensive to the de-
gree appropriate, based on the complexity of the 
transportation problems to be addressed. 
‘‘(b) DESIGNATION OF MPOS.— 
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‘‘(1) IN GENERAL.—To carry out the transpor-
tation planning process required by this section, an 
MPO shall be designated for an urbanized area with 
a population of more than 100,000 individuals— 
‘‘(A) by agreement between the Governor 
and units of general purpose local government 
that together represent at least 75 percent of 
the affected population (including the largest 
incorporated city (based on population) as 
named by the Bureau of the Census); or 
‘‘(B) in accordance with procedures estab-
lished by applicable State or local law. 
‘‘(2) STRUCTURE.—An MPO that serves an 
area designated as a transportation management 
area, when designated or redesignated under this 
subsection, shall consist of— 
‘‘(A) local elected officials; 
‘‘(B) officials of public agencies that ad-
minister or operate major modes of transpor-
tation in the metropolitan area; and 
‘‘(C) appropriate State officials. 
‘‘(3) LIMITATION
ON
STATUTORY
CONSTRUC-
TION.—Nothing in this subsection may be construed 
to interfere with the authority, under any State law 
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in effect on December 18, 1991, of a public agency 
with multimodal transportation responsibilities to— 
‘‘(A) 
develop 
metropolitan 
long-range 
transportation plans or TIPs for adoption by an 
MPO; and 
‘‘(B) develop long-range capital plans, co-
ordinate 
public 
transportation 
services 
or 
projects, or carry out other activities pursuant 
to State law. 
‘‘(4) CONTINUING
DESIGNATION.—A designa-
tion of an MPO under this subsection or any other 
provision of law shall remain in effect until the MPO 
is redesignated under paragraph (5) or revoked by 
agreement among the Governor and units of general 
purpose local government that together represent at 
least 75 percent of the affected population or as oth-
erwise provided under State or local procedures. 
‘‘(5) REDESIGNATION PROCEDURES.—An MPO 
may be redesignated by agreement between the Gov-
ernor and units of general purpose local government 
that together represent at least 75 percent of the ex-
isting planning area population (including the larg-
est incorporated city (based on population) as named 
by the Bureau of the Census) as appropriate to 
carry out this section. 
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389 
‘‘(6) DESIGNATION OF MULTIPLE MPOS.—More 
than 1 MPO may be designated within an existing 
metropolitan planning area only if the Governor and 
the existing MPO determine that the size and com-
plexity of the existing metropolitan planning area 
make designation of more than 1 MPO for the area 
appropriate. 
‘‘(c) METROPOLITAN
PLANNING
AREA
BOUND-
ARIES.— 
‘‘(1) IN GENERAL.—For the purposes of this 
section, the boundaries of a metropolitan planning 
area shall be determined by agreement between the 
MPO and the Governor. 
‘‘(2) INCLUDED
AREA.—A metropolitan plan-
ning area— 
‘‘(A) shall encompass at least the existing 
urbanized area and the contiguous area ex-
pected to become urbanized within a 20-year 
forecast period for the metropolitan long-range 
transportation plan; and 
‘‘(B) may encompass the entire metropoli-
tan statistical area or consolidated metropolitan 
statistical area, as defined by the Bureau of the 
Census. 
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390 
‘‘(3) IDENTIFICATION
OF
NEW
URBANIZED 
AREAS WITHIN EXISTING PLANNING AREA BOUND-
ARIES.—The designation by the Bureau of the Cen-
sus of new urbanized areas within an existing metro-
politan planning area shall not require the redesig-
nation of the existing MPO. 
‘‘(4) 
EXISTING
METROPOLITAN
PLANNING 
AREAS IN NONATTAINMENT.—Notwithstanding para-
graph (2), in the case of an urbanized area des-
ignated as a nonattainment area for ozone or carbon 
monoxide under the Clean Air Act (42 U.S.C. 7401 
et seq.) as of August 10, 2005, the boundaries of 
the metropolitan planning area in existence as of 
such date shall be retained, except that the bound-
aries may be adjusted by agreement of the Governor 
and affected MPOs in the manner described in sub-
section (b)(5). 
‘‘(5) NEW METROPOLITAN PLANNING AREAS IN 
NONATTAINMENT.—In the case of an urbanized area 
designated after August 10, 2005, as a nonattain-
ment area for ozone or carbon monoxide, the bound-
aries of the metropolitan planning area— 
‘‘(A) shall be established in the manner de-
scribed in subsection (b)(1); 
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‘‘(B) shall encompass the areas described 
in subsection (c)(2)(A); 
‘‘(C) may encompass the areas described in 
subsection (c)(2)(B); and 
‘‘(D) may address any nonattainment area 
identified under the Clean Air Act for ozone or 
carbon monoxide. 
‘‘(d) COORDINATION IN MULTISTATE AREAS.— 
‘‘(1) IN GENERAL.—The Secretary shall encour-
age a Governor with responsibility for a portion of 
a multistate metropolitan area and the appropriate 
MPOs to provide coordinated transportation plan-
ning for the entire metropolitan area. 
‘‘(2) INTERSTATE COMPACTS.—The consent of 
Congress is granted to any 2 or more States— 
‘‘(A) to enter into agreements or compacts, 
not in conflict with any law of the United 
States, for cooperative efforts and mutual as-
sistance in support of activities authorized 
under this section as the activities pertain to 
interstate areas and localities within the States; 
and 
‘‘(B) to establish such agencies, joint or 
otherwise, as the States may determine desir-
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able for making the agreements and compacts 
effective. 
‘‘(3) RESERVATION OF RIGHTS.—The right to 
alter, amend, or repeal interstate compacts entered 
into under this subsection is expressly reserved. 
‘‘(e) MPO CONSULTATION IN PLAN AND TIP CO-
ORDINATION.— 
‘‘(1) NONATTAINMENT AREAS.—If more than 1 
MPO has authority within a metropolitan area or an 
area that is designated as a nonattainment area for 
ozone or carbon monoxide under the Clean Air Act, 
each MPO shall consult with the other MPOs des-
ignated for such area and the State in the coordina-
tion of metropolitan long-range transportation plans 
and TIPs. 
‘‘(2) TRANSPORTATION
IMPROVEMENTS
LO-
CATED
IN
AREAS
REPRESENTED
BY
MULTIPLE 
MPOS.—If a transportation improvement, funded 
from the Highway Trust Fund or authorized under 
chapter 53 of this title, is located within the bound-
aries of more than 1 metropolitan planning area, the 
MPOs shall coordinate metropolitan long-range 
transportation plans and TIPs regarding the trans-
portation improvement. 
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393 
‘‘(3) RELATIONSHIP
WITH
OTHER
PLANNING 
OFFICIALS.—The Secretary shall encourage an MPO 
to consult with officials responsible for other types 
of planning activities that are affected by transpor-
tation in the area (including State and local planned 
growth, economic development, environmental pro-
tection, airport operations, and freight movements) 
or to coordinate its planning process, to the max-
imum extent practicable, with such planning activi-
ties. Under the metropolitan planning process, met-
ropolitan long-range transportation plans and TIPs 
shall be developed with due consideration of other 
related planning activities within the metropolitan 
area, and the process shall provide for the design 
and delivery of transportation services within the 
metropolitan area that are provided by— 
‘‘(A) recipients of assistance under chapter 
53; 
‘‘(B) governmental agencies and nonprofit 
organizations (including representatives of the 
agencies and organizations) that receive Federal 
assistance from a source other than the Depart-
ment 
of 
Transportation 
to 
provide 
non-
emergency transportation services; and 
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394 
‘‘(C) recipients of assistance under sections 
202 and 203 of title 23. 
‘‘(f) SCOPE OF PLANNING PROCESS.— 
‘‘(1) IN GENERAL.—The metropolitan planning 
process for a metropolitan planning area under this 
section shall provide for consideration of projects 
and strategies that will— 
‘‘(A) support the economic vitality of the 
metropolitan area, especially by enabling global 
competitiveness, productivity, and efficiency; 
‘‘(B) increase the safety of the transpor-
tation system for motorized and nonmotorized 
users; 
‘‘(C) increase the security of the transpor-
tation system for motorized and nonmotorized 
users; 
‘‘(D) increase the accessibility and mobility 
of people and for freight; 
‘‘(E) protect and enhance the environment, 
promote energy conservation, improve the qual-
ity of life, and promote consistency between 
transportation improvements and State and 
local planned growth and economic development 
patterns; 
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‘‘(F) 
enhance 
the 
integration 
and 
connectivity of the transportation system, 
across and between modes, for people and 
freight; 
‘‘(G) promote efficient system management 
and operation, including through the use of in-
telligent transportation systems; 
‘‘(H) emphasize the preservation of the ex-
isting transportation system; and 
‘‘(I) support intermodal facilities or facili-
tate regional growth. 
‘‘(2) FAILURE
TO
CONSIDER
FACTORS.—The 
failure to consider any factor specified in paragraph 
(1) shall not be reviewable by any court under title 
23, chapter 53 of this title, subchapter II of chapter 
5 of title 5, or chapter 7 of title 5 in any matter af-
fecting a metropolitan long-range transportation 
plan or TIP, a project or strategy, or the certifi-
cation of a planning process. 
‘‘(g) DEVELOPMENT
OF LONG-RANGE TRANSPOR-
TATION PLAN.— 
‘‘(1) IN GENERAL.— 
‘‘(A) EXISTING AND FORMER NONATTAIN-
MENT AREAS.—An MPO shall prepare and up-
date a metropolitan long-range transportation 
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plan for its metropolitan planning area in ac-
cordance with the requirements of this sub-
section. The MPO shall prepare and update the 
plan every 4 years (or more frequently, if the 
MPO elects to update more frequently) in the 
case of each of the following: 
‘‘(i) Any area designated as non-
attainment, as defined in section 107(d) of 
the Clean Air Act (42 U.S.C. 7407(d)). 
‘‘(ii) Any area that was nonattain-
ment and subsequently designated to at-
tainment 
in 
accordance 
with 
section 
107(d)(3) 
of 
that 
Act 
(42 
U.S.C. 
7407(d)(3)) and that is subject to a main-
tenance plan under section 175A of that 
Act (42 U.S.C. 7505a). 
‘‘(B) OTHER AREAS.—In the case of any 
other area required to have a metropolitan long- 
range transportation plan, the MPO shall pre-
pare and update the plan every 5 years unless 
the MPO elects to update more frequently. 
‘‘(2) LONG-RANGE TRANSPORTATION PLAN.—A 
metropolitan long-range transportation plan shall be 
in a form that the Secretary determines to be appro-
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priate and shall contain, at a minimum, the fol-
lowing: 
‘‘(A) 
IDENTIFICATION
OF
TRANSPOR-
TATION FACILITIES.—An identification of trans-
portation facilities (including major roadways, 
public transportation facilities, intercity bus fa-
cilities, multimodal and intermodal facilities, 
and intermodal connectors) that should function 
as an integrated metropolitan transportation 
system, giving emphasis to those facilities that 
serve important national and regional transpor-
tation functions. In formulating the plan, the 
MPO shall consider factors described in sub-
section (f) and other relevant data and factors 
disseminated by the Secretary pursuant to sec-
tion 5205(b) as such factors relate to a 20-year 
forecast period. 
‘‘(B) MITIGATION ACTIVITIES.— 
‘‘(i) IN
GENERAL.—A metropolitan 
long-range transportation plan shall in-
clude a discussion of types of potential en-
vironmental mitigation activities and po-
tential areas to carry out these activities, 
including activities that may have the 
greatest potential to restore and maintain 
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the environmental functions affected by the 
plan. 
‘‘(ii) CONSULTATION.—The discussion 
shall be developed in consultation with 
Federal, State, and tribal wildlife, land 
management, and regulatory agencies. 
‘‘(C) FINANCIAL PLAN.— 
‘‘(i) IN GENERAL.—A financial plan 
that— 
‘‘(I) demonstrates how the adopt-
ed metropolitan long-range transpor-
tation plan can be implemented; 
‘‘(II) indicates resources from 
public and private sources that are 
reasonably expected to be made avail-
able to carry out the metropolitan 
long-range transportation plan; 
‘‘(III) recommends any additional 
financing 
strategies 
for 
needed 
projects and programs; and 
‘‘(IV) may include, for illustrative 
purposes, additional projects that 
would be included in the adopted met-
ropolitan long-range transportation 
plan if reasonable additional resources 
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beyond those identified in the finan-
cial plan were available. 
‘‘(ii) ESTIMATES OF FUNDS.—For the 
purpose of developing the metropolitan 
long-range transportation plan, the MPO, 
public transportation operator, and State 
shall cooperatively develop estimates of 
funds that will be available to support plan 
implementation. 
‘‘(D) OPERATIONAL
AND
MANAGEMENT 
STRATEGIES.—Operational 
and 
management 
strategies to improve the performance of exist-
ing transportation facilities to relieve vehicular 
congestion and maximize the safety and mobil-
ity of people and goods. 
‘‘(E) CAPITAL
INVESTMENT
AND
OTHER 
STRATEGIES.—Capital investment and other 
strategies to preserve the existing and projected 
future metropolitan transportation infrastruc-
ture and provide for multimodal capacity in-
creases based on regional priorities and needs. 
‘‘(3) INTERCITY
BUS.—A metropolitan long- 
range transportation plan shall consider the role 
intercity buses may play in reducing congestion, pol-
lution, and energy consumption in a cost-effective 
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manner and strategies and investments that preserve 
and enhance intercity bus systems, including sys-
tems that are privately owned and operated. 
‘‘(4) COORDINATION
WITH
CLEAN
AIR
ACT 
AGENCIES.—In metropolitan areas that are in non-
attainment for ozone or carbon monoxide under the 
Clean Air Act, the MPO shall coordinate the devel-
opment of a metropolitan long-range transportation 
plan with the process for development of the trans-
portation control measures of the State implementa-
tion plan required by that Act. 
‘‘(5) CONSULTATION; COMPARISONS.— 
‘‘(A) 
CONSULTATION.—A 
metropolitan 
long-range transportation plan shall be devel-
oped, as appropriate, in consultation with State 
and local agencies responsible for land use man-
agement, natural resources, environmental pro-
tection, conservation, and historic preservation. 
‘‘(B) COMPARISONS.—Consultation under 
subparagraph (A) shall involve, as appropriate, 
a comparison of the metropolitan long-range 
transportation plan— 
‘‘(i) to State conservation plans and 
maps, if available; and 
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‘‘(ii) to inventories of natural and his-
toric resources, if available. 
‘‘(6) PARTICIPATION
BY
INTERESTED
PAR-
TIES.— 
‘‘(A) IN GENERAL.—An MPO shall provide 
citizens, affected public agencies, representa-
tives of public transportation employees, freight 
shippers, providers of freight transportation 
services, private providers of transportation, in-
cluding intercity bus services, representatives of 
users of public transportation, representatives 
of users of pedestrian walkways and bicycle 
transportation facilities, representatives of the 
disabled, and other interested parties with a 
reasonable opportunity to comment on its met-
ropolitan long-range transportation plan. 
‘‘(B) 
CONTENTS
OF
PARTICIPATION 
PLAN.—A participation plan shall— 
‘‘(i) be developed in consultation with 
all interested parties; and 
‘‘(ii) provide that all interested parties 
have reasonable opportunities to comment 
on the contents of the metropolitan long- 
range transportation plan. 
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‘‘(C) METHODS.—In carrying out subpara-
graph (A), the MPO shall, to the maximum ex-
tent practicable— 
‘‘(i) hold any public meetings at con-
venient and accessible locations and times; 
‘‘(ii) employ visualization techniques 
to describe plans; and 
‘‘(iii) make public information avail-
able in electronically accessible format and 
means, such as the Internet, as appro-
priate to afford a reasonable opportunity 
for consideration of public information 
under subparagraph (A). 
‘‘(7) PUBLICATION.—A metropolitan long-range 
transportation plan involving Federal participation 
shall be published or otherwise made readily avail-
able by the MPO for public review (including to the 
maximum extent practicable in electronically acces-
sible formats and means, such as the Internet) ap-
proved by the MPO, and submitted for information 
purposes to the Governor, at such times and in such 
manner as the Secretary shall establish. 
‘‘(8) SELECTION
OF
PROJECTS
FROM
ILLUS-
TRATIVE LIST.—Notwithstanding paragraph (2)(C), 
a State or MPO shall not be required to select any 
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project from the illustrative list of additional 
projects included in the financial plan under such 
paragraph. 
‘‘(h) METROPOLITAN TIP.— 
‘‘(1) DEVELOPMENT.— 
‘‘(A) IN
GENERAL.—In cooperation with 
the State and any affected public transportation 
operator, the MPO designated for a metropoli-
tan area shall develop a metropolitan TIP for 
the area for which the organization is des-
ignated. 
‘‘(B) OPPORTUNITY
FOR
COMMENT.—In 
developing the metropolitan TIP, the MPO, in 
cooperation with the State and any affected 
public transportation operator, shall provide an 
opportunity for participation by interested par-
ties in the development of the program, in ac-
cordance with subsection (g)(6). 
‘‘(C) FUNDING ESTIMATES.—For the pur-
pose of developing the metropolitan TIP, the 
MPO, public transportation agency, and State 
shall cooperatively develop estimates of funds 
that are reasonably expected to be available to 
support program implementation. 
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‘‘(D) UPDATING
AND
APPROVAL.—The 
metropolitan TIP shall be updated at least once 
every 4 years and shall be approved by the 
MPO and the Governor. 
‘‘(2) CONTENTS.— 
‘‘(A) PRIORITY
LIST.—The metropolitan 
TIP shall include a priority list of proposed fed-
erally supported projects and strategies to be 
carried out within each 4-year period after the 
initial adoption of the metropolitan TIP. 
‘‘(B) FINANCIAL PLAN.—The metropolitan 
TIP shall include a financial plan that— 
‘‘(i) demonstrates how the metropoli-
tan TIP can be implemented; 
‘‘(ii) indicates resources from public 
and private sources that are reasonably ex-
pected to be available to carry out the met-
ropolitan TIP; 
‘‘(iii) identifies innovative financing 
techniques to finance projects, programs, 
and strategies; and 
‘‘(iv) may include, for illustrative pur-
poses, additional projects that would be in-
cluded in the approved metropolitan TIP if 
reasonable additional resources beyond 
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those identified in the financial plan were 
available. 
‘‘(C) DESCRIPTIONS.—A project in the 
metropolitan TIP shall include sufficient de-
scriptive material (such as type of work, ter-
mini, length, and other similar factors) to iden-
tify the project or phase of the project. 
‘‘(3) INCLUDED PROJECTS.— 
‘‘(A) PROJECTS
UNDER
TITLE
AND 
CHAPTER 53 OF THIS TITLE.—A metropolitan 
TIP for an area shall include the projects with-
in the area that are proposed for funding under 
chapter 1 of title 23 and chapter 53 of this 
title. 
‘‘(B) PROJECTS
UNDER
CHAPTER
OF 
TITLE 23.— 
‘‘(i) 
REGIONALLY
SIGNIFICANT 
PROJECTS.—Regionally significant projects 
proposed for funding under chapter 2 of 
title 23 shall be identified individually in 
the metropolitan TIP. 
‘‘(ii) 
OTHER
PROJECTS.—Projects 
proposed for funding under such chapter 
that are not determined to be regionally 
significant shall be grouped in one line 
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item or identified individually in the metro-
politan TIP. 
‘‘(C) CONSISTENCY
WITH
LONG-RANGE 
TRANSPORTATION
PLAN.—A project shall be 
consistent with the metropolitan long-range 
transportation plan for the area. 
‘‘(D) 
REQUIREMENT
OF
ANTICIPATED 
FULL FUNDING.—The program shall include a 
project, or the identified phase of a project, 
only if full funding can reasonably be antici-
pated to be available for the project or the iden-
tified phase within the time period con-
templated for completion of the project or the 
identified phase. 
‘‘(E) 
TIP 
MODIFICATIONS
BY
GOV-
ERNOR.— 
‘‘(i) IN
GENERAL.—Notwithstanding 
any other provisions of this section or sec-
tion 5204, if a State and an MPO fail to 
agree on programming a project of state-
wide significance on the Interstate System 
(as defined in section 101(a) of title 23) 
into a metropolitan TIP, the Governor may 
modify the metropolitan TIP to add the 
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project without approval or endorsement 
by the MPO. 
‘‘(ii) CONFORMING AMENDMENTS TO 
METROPOLITAN
LONG-RANGE
TRANSPOR-
TATION PLAN.—If the Governor modifies a 
metropolitan TIP under clause (i), the 
MPO shall amend its metropolitan long- 
range transportation plan to be consistent 
with the modified metropolitan TIP. 
‘‘(4) NOTICE AND COMMENT.—Before approv-
ing a metropolitan TIP, an MPO, in cooperation 
with the State and any affected public transpor-
tation operator, shall provide an opportunity for par-
ticipation by interested parties in the development of 
the program, in accordance with subsection (g)(5). 
‘‘(5) SELECTION OF PROJECTS.— 
‘‘(A) IN GENERAL.—Except as otherwise 
provided in subsection (i)(4) and in addition to 
the metropolitan TIP development required 
under paragraph (1), the selection of federally 
funded projects in metropolitan areas shall be 
carried out from the approved metropolitan 
TIP— 
‘‘(i) by— 
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‘‘(I) in the case of projects under 
title 23, the State; and 
‘‘(II) in the case of projects 
under chapter 53, the designated re-
cipients of public transportation fund-
ing; and 
‘‘(ii) in cooperation with the MPO. 
‘‘(B) MODIFICATIONS
TO
PROJECT
PRI-
ORITY.—Notwithstanding any other provision of 
law, action by the Secretary shall not be re-
quired to advance a project included in the ap-
proved metropolitan TIP in place of another 
project in the program. 
‘‘(6) SELECTION
OF
PROJECTS
FROM
ILLUS-
TRATIVE LIST.— 
‘‘(A) NO REQUIRED SELECTION.—Notwith-
standing paragraph (2)(B)(iv), a State or MPO 
shall not be required to select any project from 
the illustrative list of additional projects in-
cluded in the financial plan under paragraph 
(2)(B)(iv). 
‘‘(B) REQUIRED
ACTION
BY
THE
SEC-
RETARY.—Action by the Secretary shall be re-
quired for a State or MPO to select any project 
from the illustrative list of additional projects 
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included in the financial plan under paragraph 
(2)(B)(iv) for inclusion in an approved metro-
politan TIP. 
‘‘(7) PUBLICATION.— 
‘‘(A) PUBLICATION OF TIPS.—A metropoli-
tan TIP involving Federal participation shall be 
published or otherwise made readily available, 
including on the Internet, by the MPO for pub-
lic review. 
‘‘(B) PUBLICATION OF ANNUAL LISTINGS 
OF PROJECTS.—An annual listing of projects 
(including investments in pedestrian walkways, 
bicycle transportation facilities, and intermodal 
facilities that support intercity transportation) 
for which Federal funds have been obligated in 
the preceding year shall be published or other-
wise made available, including on the Internet, 
by the cooperative effort of the State, public 
transportation operator, and MPO for public 
review. The listing shall be consistent with the 
categories identified in the metropolitan TIP. 
‘‘(i) TRANSPORTATION MANAGEMENT AREAS.— 
‘‘(1) IDENTIFICATION AND DESIGNATION.— 
‘‘(A) REQUIRED
IDENTIFICATION.—The 
Secretary shall identify as a transportation 
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management area each urbanized area (as de-
fined by the Bureau of the Census) with a pop-
ulation of over 200,000 individuals. 
‘‘(B) DESIGNATIONS
ON
REQUEST.—The 
Secretary shall designate any additional area as 
a transportation management area on the re-
quest of the Governor and the MPO designated 
for the area. 
‘‘(2) LONG-RANGE TRANSPORTATION PLANS.— 
In a transportation management area, metropolitan 
long-range transportation plans shall be based on a 
continuing and comprehensive transportation plan-
ning process carried out by the MPO in cooperation 
with the State and public transportation operators. 
‘‘(3) CONGESTION
MANAGEMENT
PROCESS.— 
Within a metropolitan planning area serving a trans-
portation management area, the transportation plan-
ning process under this section shall address conges-
tion management through a process that provides 
for effective management and operation, based on a 
cooperatively developed and implemented metropoli-
tan-wide strategy, of new and existing transportation 
facilities eligible for funding under title 23 and chap-
ter 53 of this title through the use of travel demand 
reduction and operational management strategies. 
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The Secretary shall establish an appropriate phase- 
in schedule for compliance with the requirements of 
this section but not sooner than 1 year after the 
identification of a transportation management area. 
‘‘(4) SELECTION OF PROJECTS.— 
‘‘(A) IN
GENERAL.—All federally funded 
projects carried out within the boundaries of a 
metropolitan planning area serving a transpor-
tation management area under title 23 (exclud-
ing projects carried out on the National High-
way System under such title) or under chapter 
53 of this title shall be selected for implementa-
tion from the approved metropolitan TIP by the 
MPO designated for the area in consultation 
with the State and any affected public transpor-
tation operator. 
‘‘(B) 
NATIONAL
HIGHWAY
SYSTEM 
PROJECTS.—Projects carried out within the 
boundaries of a metropolitan planning area 
serving a transportation management area on 
the National Highway System under title 23 
shall be selected for implementation from the 
approved metropolitan TIP by the State in co-
operation with the MPO designated for the 
area. 
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‘‘(5) CERTIFICATION.— 
‘‘(A) IN GENERAL.—The Secretary shall— 
‘‘(i) ensure that the metropolitan 
planning process of an MPO serving a 
transportation management area is being 
carried out in accordance with applicable 
provisions of Federal law; and 
‘‘(ii) subject to subparagraph (B), cer-
tify, not less often than once every 4 years, 
that the requirements of this paragraph 
are met with respect to the metropolitan 
planning process. 
‘‘(B) 
REQUIREMENTS
FOR
CERTIFI-
CATION.—The Secretary may make the certifi-
cation under subparagraph (A) if— 
‘‘(i) the transportation planning proc-
ess complies with the requirements of this 
section and other applicable requirements 
of Federal law; and 
‘‘(ii) there is a metropolitan TIP for 
the metropolitan planning area that has 
been approved by the MPO and the Gov-
ernor. 
‘‘(C) EFFECT OF FAILURE TO CERTIFY.— 
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