Bill 112-HR-2160 — Transportation / General
Subject: Transportation and public works

Jobs Through Environmental Safeguarding and Streamlining Act of 2011 - Revises requirements for the mandatory joint determination by the Administrator of the Environmental Protection Agency (EPA) and the Secretary of Transportation (DOT), with respect to the eligibility for state reimbursement of the federal share of state costs for the advance acquisition of highway rights-of-way for a project eligible for surface transportation program funds, that such advanced acquisition did not influence the environmental assessment of the project, the decision to construct the project, or the selection of the project design or location. Removes the EPA Administrator from this joint determination, leaving the Secretary alone to make it. Authorizes the Secretary to encourage states and other public authorities, where practicable, to acquire broad transportation rights-of-way that have a capacity for future expansion over a 50- to 100- year period to accommodate the state's long-range transportation needs as well as one or more transportation modes. Allows the Secretary to modify project development procedures for any approved highway project, public transportation capital project, or multimodal project for which an environmental impact statement is prepared to encourage programmatic approaches and strategies with respect to environmental programs and permits. Directs the Secretary to issue guidelines to assist state and local governmental entities in assuming an increased role in preparing environmental documents as well as participating in the environmental review process for a project. Modifies the prohibition, under the surface transportation project delivery pilot program, against assignment to a state of the responsibility of the Secretary for any conformity determination under the Clean Air Act with regard to highway projects in the state. Allows the Secretary to assign a state that responsibility for an individual project. Treats any project as a highway project if the Federal Highway Administration (FHWA) is the lead agency for it. Allows the Secretary to assign a state authorities relating to the FHWA and another DOT modal administration with regard to any highway project involving such agencies. Eliminates the limitation to Alaska, California, Ohio, Oklahoma, and Texas of state participation in the program. Allows program participation by any state meeting the selection criteria. Prescribes special rules to permit a state participating in the program on September 30, 2009, to continue in the program and not be required to submit an application. Revises requirements for the written agreement under the pilot program between the Secretary and a state governor to include agreement to carry out the Secretary's assigned responsibilities using the best available science. Limits such an agreement to a five-year renewable term. Allows the agreement to list projects excluded from the program. Prohibits the agreement from imposing on the state a limitation on the use of a project delivery method, if the limitation would not otherwise apply to the state. Treats as a project delivery method state authority to acquire rights-of-way and conduct final design work for a project with state funds on an at-risk basis before completion of the project's environmental review process. Authorizes the Secretary to monitor state compliance with an agreement, instead of conducting an audit, if the state has been participating in the program pursuant to the agreement for 10 consecutive years. Requires the Secretary to commence the auditing process, however, if a state, while participating in the monitoring program, repeatedly fails to comply with all aspects of the agreement. Repeals the termination date for the surface transportation project delivery pilot program, thus making it permanent.