Bill 112-HR-4348 — Transportation / Highways
Subject: Transportation and public works

Title I: Surface Transportation Extension - Surface Transportation Extension Act of 2012, Part II - Subtitle A: Federal-Aid Highways - (Sec. 111) Amends the Surface Transportation Extension Act of 2011, Part II to continue through FY2012, and authorizes appropriations through that date for, specified federal-aid highway programs under the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU), the SAFETEA-LU Technical Corrections Act of 2008, the Intermodal Surface Transportation Efficiency Act of 1991 (ISTEA), and the Transportation Equity Act for the 21st Century (TEA-21). Includes among extended funds those for: (1) the surface transportation research, development, and deployment program; (2) training and education; (3) the Bureau of Transportation Statistics; (4) university transportation research; and (5) intelligent transportation systems (ITS) research. Subjects funding for such programs generally to the same manner of distribution, administration, limitation, and availability for obligation as funds authorized to be appropriated for such programs and activities out of the Highway Trust Fund (HTF) for FY2011. Subjects contract authority, however, for such programs to the same limitation on obligations included in any Act making appropriations for FY2012 or a portion of that fiscal year. Waives this obligation limitation, though, for emergency relief and for the equity bonus program. Extends the allocation of certain transportation program funds to: (1) states for specific programs, including the Interstate and National Highway System program, the Congestion Mitigation and Air Quality Improvement program, the highway safety improvement program, the Surface Transportation program, and the Highway Bridge program; and (2) the territories and Puerto Rico. Prohibits use of program funds for a high-speed MAGLEV system between Las Vegas, Nevada, and Anaheim, California. Authorizes appropriations from the HTF (other than the Mass Transit Account) for administrative expenses of the federal-aid highway program through FY2012. Subtitle B: Extension of Highway Safety Programs - (Sec. 121) Amends SAFETEA-LU to extend through FY2012 the authorization of appropriations for National Highway Traffic Safety Administration (NHTSA) safety programs, including: (1) highway safety research and development, (2) the occupant protection incentive grant program, (3) the safety belt performance grant program, (4) state traffic safety information system improvements, (5) the alcohol-impaired driving countermeasures incentive grant program, (6) the National Driver Register, (7) the high visibility enforcement program, (8) motorcyclist safety, (9) the child safety and child booster seat safety incentive grant program, and (10) NHTSA administrative expenses. (Sec. 122) Extends through FY2012 the authorization of appropriations for Federal Motor Carrier Safety Administration (FMCSA) programs, including: (1) motor carrier safety grants, (2) FMCSA administrative expenses, (3) commercial driver's license program improvement grants, (4) border enforcement grants, (5) performance and registration information system management grants, (6) commercial vehicle information systems and networks deployment grants, (7) safety data improvement grants, (8) a set-aside for high priority activities that improve commercial motor vehicle safety and compliance with commercial motor vehicle safety regulations, (9) a set-aside for new entrant motor carrier audit grants, (10) FMCSA and NHTSA outreach and education, (11) the commercial motor vehicle operators grant program, (12) the FMCSA's Motor Carrier Safety Advisory Committee, and (13) the working group for development of practices and procedures to enhance federal-state relations. (Sec. 123) Extends through FY2012 the funding for hazardous materials (hazmat) research projects. Amends the Dingell-Johnson Sport Fish Restoration Act to extend through that date the authorized distribution of funds under such Act for coastal wetlands, recreational boating safety, projects under the Clean Vessel Act of 19921, boating infrastructure projects, and the National Outreach and Communications Program. Extends the set-aside for administrative expenses for carrying out such projects. Subtitle C: Public Transportation Programs - (Sec. 131) Extends through FY2012, the allocation of capital investment grant funds for federal transit programs, including the metropolitan planning program and the state planning and research program. (Sec. 132) Extends the special rule authority of the Secretary to award urbanized area formula grants to finance the operating cost of equipment and facilities for use in public transportation in an urbanized area with a population of at least 200,000. (Sec. 133) Allocates through FY2012 certain amounts for formula and bus grants and capital investment grants for: (1) certain new fixed guideway capital projects; (2) new fixed guideway ferry systems and extension projects in Alaska and Hawaii; (3) payments to the Denali Commission for docks, waterfront development projects, and related transportation infrastructure; (4) ferry boats or ferry terminal facilities; (5) a set-aside for the national fuel cell bus technology development program; (6) projects in nonurbanized areas; (7) intermodal terminal projects; and (8) bus testing. (Sec. 134) Extends the apportionment of nonurbanized area formula grants for public transportation on Indian reservations. (Sec. 135) Eliminates the special rule for the apportionment for October 1, 2011, through June 30, 2012, of capital investment grant funds for certain fixed guideway modernization projects. (Sec. 136) Extends through FY2012 the authorization of appropriations from the HTF Mass Transit Account for: (1) formula and bus grant projects, including allocations for specified projects; (2) capital investment grants; (3) transit research, including allocations for transit cooperative research programs, the National Transit Institute, the university centers program (including specified allocations), transportation projects to comply with the Americans with Disabilities Act of 1990, the National Technical Assistance Center for senior transportation, and national research programs; and (4) administrative expenses. (Sec. 137) Extends through FY2012 certain SAFETEA-LU programs, including: (1) the contracted paratransit pilot program, (2) the public-private partnership pilot program, (3) project authorizations for final design and construction and preliminary engineering of specified fixed guideway projects, and (4) the elderly individuals and individuals with disabilities pilot program. Extends certain allocations for national research and technology programs. Subtitle D: Highway Trust Fund Extension - (Sec. 141) Amends the Internal Revenue Code to extend through FY2012 excise taxes on: (1) fuel used by certain buses, (2) certain alcohol fuels, (3) gasoline (other than aviation gasoline) and diesel fuel or kerosene, (4) certain heavy trucks and trailers, and (5) tires. Extends the requirement to credit or refund paid floor stocks taxes for unsold tires and taxable fuel. Extends through FY2012 the exemptions from excise taxes on: (1) certain sales, and (2) motor vehicles used by a state and local government. Extends the transfer of: (1) certain highway excise taxes to the HTF, and (2) motorboat fuel taxes from the HTF into the land and water conservation fund. (Sec. 142) Extends through FY2012 authority for expenditures from: (1) the HTF Highway and Mass Transit accounts, (2) the Sport Fish Restoration and Boating Trust Fund, and (3) the Leaking Underground Storage Tank Trust Fund. Title II: Keystone XL Pipeline - North American Energy Access Act - (Sec. 202) Prohibits construction, operation, or maintenance of the oil pipeline and related facilities described in the Final Environmental Impact Statement (EIS) for the Keystone XL Pipeline Project issued by the Department of State on August 26, 2011 (including any modified version of that pipeline and related facilities), unless it is in compliance with the terms of a permit prescribed under this Act. (Sec. 203) Instructs the Federal Energy Regulatory Commission (FERC) to issue, within 30 days after receipt of an application, and without additional conditions, a permit for such pipeline and related facilities implemented in accordance with such Final EIS. Deems a permit to have been issued if FERC has not acted upon a permit application within 30 days after receipt. Declares FERC approval a prerequisite to authorization for a permit applicant to make substantial modifications to either the pipeline route or any other term of the Final EIS. Directs FERC to: (1) enter into a memorandum of understanding with the state of Nebraska for review under the National Environmental Policy Act of 1969 (NEPA) of any modification to the proposed pipeline route, and (2) complete consideration and approval of such modification within 30 days after receiving the governor's approval. Deems approval to have been issued if FERC has not acted within 30 days after receiving an application for approval of a modification. Authorizes the permit holder to commence or continue construction of a portion of the oil pipeline and related facilities outside Nebraska while any modification of the proposed pipeline route in Nebraska is under review. (Sec. 204) Considers the final EIS issued by the Secretary of State on August 26, 2011, to satisfy all NEPA requirements. Title III: Restore Act - Resources and Ecosystems Sustainability, Tourist Opportunities, and Revived Economies of the Gulf Coast States Act of 2012 - (Sec. 302) Establishes in the Treasury the Gulf Coast Restoration Trust Fund, to be available: (1) for expenditure to restore the Gulf Coast region from the Deepwater Horizon oil spill for undertaking projects and programs to restore and protect the natural resources, ecosystems, fisheries, marine and wildlife habitats, beaches, coastal wetlands, and economy of that region; and (2) solely to the Gulf Coast states of Alabama, Florida, Louisiana, Mississippi, and Texas to restore the ecosystems and economy of the Gulf Coast region. Requires the Secretary of the Treasury to deposit in the Trust Fund 80% of all administrative and civil penalties paid by responsible parties after enactment of this Act pursuant to a court order, negotiated settlement, or other instrument in accordance with the Federal Water Pollution Control Act (commonly known as the Clean Water Act) in connection with the explosion on, and sinking of, the mobile offshore drilling unit Deepwater Horizon. Title IV: Harbor Maintenance Programs - (Sec. 401) Requires the total budget resources for a fiscal year for expenditures from the Harbor Maintenance Trust Fund for harbor maintenance programs to equal the level of receipts to the Fund for that fiscal year. Limits the use of such resources to such programs only. Title V: Coal Combustion Residuals - (Sec. 501) Amends the Solid Waste Disposal Act to authorize states to adopt and implement coal combustion residuals permit programs. Requires each state governor to notify the Administrator of the Environmental Protection Agency (EPA) within six months about whether such state will implement such a program. Requires states that decide to implement such a program to: (1) submit to the Administrator within 36 months a certification that such program meets the specifications of this Act; and (2) maintain either an approved municipal solid waste program for the control of hazardous disposal or an authorized state hazardous waste program. Establishes minimum requirements for coal combustion residuals permit programs. Requires: (1) the revised criteria established by this Act to apply to such programs; (2) landfills, surface impoundments, or other land-based units that may receive coal combustion residuals (structures) to be designed, constructed, and maintained to provide for containment of the maximum volumes of coal combustion residuals appropriate for the structure; (3) such programs to apply such revised criteria to surface impoundments; and (4) new structures that first receive coal combustion residuals after this Act's enactment to be constructed with a base located a minimum of two feet above the upper limit of the natural water table. Authorizes: (1) state agency heads to require action to correct structural integrity deficiencies according to a schedule for structures that are classified as posing a high hazard potential pursuant to the guidelines published by the Federal Emergency Management Agency (FEMA) entitled "Federal Guidelines for Dam Safety: Hazard Potential Classification System for Dams"; (2) state agency heads to require that such a structure close if such deficiency is not corrected according to such schedule; (3) states to inspect structures and implement and enforce such permit program; and (4) states to address wind dispersal of dust from coal combustion residuals by requiring dust control measures. Prescribes revised criteria for such programs with respect to: (1) design, groundwater monitoring, corrective action, and closure and post-closure for structures; (2) location restrictions for new structures in floodplains, wetlands, fault areas, seismic impact zones, and unstable areas; (3) criteria for air quality, financial assurance, surface water, and record keeping; (4) criteria for run-on and run-off control systems for landfills and other land-based units, other than surface impoundments that receive coal combustion residuals; and (5) run-off control systems for surface impoundments. Authorizes states to determine that such criteria is not needed for the management of their coal combustion residuals permit program. Authorizes the Administrator to treat such state determination as a deficiency if it does not accurately reflect the needs for the management of coal combustion residuals in the state. Requires the Administrator to provide a state with notice of, and an opportunity to remedy, deficiencies. Requires the Administrator to implement such a program for a state only if: (1) the governor notifies the Administrator that the state will not implement a program, (2) the state is notified of, but fails to remedy, program deficiencies, or (3) the state notifies the Administrator that it will no longer implement such a program. Sets forth requirements concerning resumption of implementation by states. Requires the time period and method for a structure's closure to be set forth in a schedule in a closure plan that takes into account the site-specific characteristics of such structure. Directs the closure plan for a surface impoundment to require the removal of liquid and the stabilization of remaining waste as necessary to support the final cover. Prohibits the Administrator from applying such programs to the utilization, placement, and storage of coal combustion residuals at surface mining and reclamation operations. Prohibits this Act from being construed to alter the EPA's regulatory determination, entitled "Notice of Regulatory Determination on Wastes from the Combustion of Fossil Fuels," that the fossil fuel combustion wastes addressed in that determination do not warrant regulation under such Act. Title: VI: Environmental Streamlining - (Sec. 602) Declares congressional policy that it is in the national interest to expedite the delivery of surface transportation projects by substantially reducing the length of the environmental review process for such projects. (Sec. 603) Exempts from further environmental reviews, approvals, licensing, and permit requirements under specified laws any road, highway, or bridge in operation or under construction that is damaged by an emergency disaster and reconstructed in the same location with the same dimensions and design as before the disaster. (Sec. 604) Authorizes a state (at its own expense) to acquire real property interests for an approved surface transportation project before the completion of the environmental review process under NEPA for the project without affecting subsequent project approval by the state or any federal agency. Authorizes the Secretary to use federal funds for a state's early acquisition of real property interests for a surface transportation project. (Sec. 605) Authorizes a state (at its own expense) to carry out design activities for a project before completion of the review process for such project under NEPA without affecting subsequent project approvals. Authorizes reimbursement of design costs to the state provided certain conditions are met. (Sec. 606) Revises competitive bidding requirements for contracts for the construction of surface transportation projects. Repeals the prohibition against commencement of the final design of a surface transportation project under a design-build contract before compliance with certain NEPA requirements. Directs the Secretary to issue revised regulations under TEA-21 that permit the state transportation department, the local transportation agency, and the design-build contractor to proceed, at the expense of one or more of them, with design activities for a surface transportation project before completion of the NEPA review process for such project without affecting subsequent project approval. Authorizes a contracting agency to: (1) competitively award a two-phase contract for preconstruction and construction services for surface transportation projects, and (2) proceed, at its expense, with design activities before completion of the review process under NEPA for such projects without affecting subsequent project approvals. (Sec. 607) Declares that certain historic preservation requirements for public lands, wildlife and waterfowl refuges, and historic sites shall be considered satisfied 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 the National Historic Preservation Act. (Sec. 608) Declares that the Secretary's approval of a surface transportation project shall not be considered a federal action for purposes of environmental review under NEPA for projects receiving federal-aid highway funds amounting to: (1) 15% or less of the total estimated project costs, or (2) less than $10 million. (Sec. 609) Prescribes procedures for expediting the environmental review of surface transportation projects. (Sec. 610) Declares that the sale or lease of historic property by a state that is not listed in the National Register of Historic Places shall not be considered an adverse effect to the property for purposes of the preservation requirements of the National Historic Preservation Act. (Sec. 611) Authorizes the federal lead agency (Department of Transportation [DOT]), at project sponsor request, to adopt and use a planning product (decisionmaking process) that integrates the planning and environmental review process of a surface transportation project in NEPA proceedings. (Sec. 612) Authorizes a state or metropolitan planning organization (MPO), as part of the statewide or metropolitan transportation planning process, to develop one or more programmatic mitigation plans to address potential environmental impacts of future transportation projects. (Sec. 613) Revises requirements for state assumption of responsibility for designating activities for inclusion in classes of action categorically excluded (as not involving significant environmental impact) from requirements for environmental assessments or environmental impact statements. Removes the limitation of such types of activities to only those specifically designated by the Secretary. Allows a state to designate any type of activity for which a categorical exclusion classification is appropriate. Prohibits the Secretary from requiring a state, as a condition of assuming responsibility for categorical exclusions, to forego project delivery methods otherwise permissible for highway projects. (Sec. 614) Revises and makes permanent the surface transportation project delivery pilot program. Makes all states eligible to participate in the program. (Under current law, not more than five states, including Alaska, California, Ohio, Oklahoma, and Texas, may participate in the program). (Sec. 615) Directs the Secretary to establish a program to eliminate duplicative environmental reviews and approvals under state and federal law for surface transportation projects. Authorizes a state to use state environmental review and approval laws and procedures, consistent with certain requirements, in lieu of federal environmental laws and regulations. (Sec. 616) Directs the Federal Highway Administration (FHWA), at the request of any state transportation department, to enter into an agreement with it to authorize the state to carry out legal sufficiency reviews for environmental impact statements and environmental assessments under NEPA in accordance with specified requirements. (Sec. 617) Directs the Secretary to treat an activity carried out under the federal-aid highway program or a surface transportation project within a right-of-way as a class of action categorically excluded from federal environmental assessment and environmental impact statement requirements. (Sec. 618) Requires the environmental review process for a surface transportation project to be completed within 270 days after the notice of project initiation is published in the Federal Register. (Sec. 619) Requires the Secretary to establish an alternative relocation payment process for the payment of relocation assistance to persons displaced by federally-assisted programs and projects. Amends the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 to provide increases in payments made by a displacing agency for: (1) relocation expenses for displaced farms, nonprofit organizations, or small businesses; and (2) replacement housing for displaced homeowners and certain other tenants. Requires each federal agency responsible for funding or carrying out relocation and acquisition activities to have adequately trained personnel and other resources necessary to manage and oversee the agency's relocation and acquisition program. Requires each such agency (other than the one serving as lead agency) to transfer to the lead agency at least $35,000 to support its training, assistance, and coordination activities.