Signed Legislation: Surface Transportation Reauthorization and Reform Act of 2015 (VIII)

Read part I of Surface Transportation Reauthorization and Reform Act of 2015

SEC. 1308. DEVELOPMENT OF PROGRAMMATIC MITIGATION PLANS.

Section 169(f) of title 23, United States Code, is amended by striking `may use' and inserting `shall give substantial weight to'.

SEC. 1309. DELEGATION OF AUTHORITIES.

(a) In General- The Secretary shall use the authority under section 106(c) of title 23, United States Code, to the maximum extent practicable, to delegate responsibility to the States for project design, plans, specifications, estimates, contract awards, and inspection of projects, on both a project-specific and programmatic basis.

(b) Submission of Recommendations- Not later than 18 months after the date of enactment of this Act, the Secretary, in cooperation with the States, shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate recommendations for legislation to permit the delegation of additional authorities to the States, including with respect to real estate acquisition and project design.

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SEC. 1310. CATEGORICAL EXCLUSION FOR PROJECTS OF LIMITED FEDERAL ASSISTANCE.

(a) Adjustment for Inflation- Section 1317 of MAP-21 (23 U.S.C. 109 note) is amended--

(1) in paragraph (1)(A) by inserting `(as adjusted annually by the Secretary to reflect any increases in the Consumer Price Index prepared by the Department of Labor)' after `$5,000,000'; and

(2) in paragraph (1)(B) by inserting `(as adjusted annually by the Secretary to reflect any increases in the Consumer Price Index prepared by the Department of Labor)' after `$30,000,000'.

(b) Retroactive Application- The first adjustment made pursuant to the amendments made by subsection (a) shall--

(1) be carried out not later than 60 days after the date of enactment of this Act; and

(2) reflect the increase in the Consumer Price Index since July 1, 2012.

SEC. 1311. APPLICATION OF CATEGORICAL EXCLUSIONS FOR MULTIMODAL PROJECTS.

Section 304 of title 49, United States Code, is amended--

(1) in subsection (a)--

(A) in paragraph (1)--

(i) by striking `operating authority that' and inserting `operating administration or secretarial office that has expertise but'; and

(ii) by inserting `proposed multimodal' after `with respect to a'; and

(B) by striking paragraph (2) and inserting the following:

`(2) LEAD AUTHORITY- The term `lead authority' means a Department of Transportation operating administration or secretarial office that has the lead responsibility for compliance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) with respect to a proposed multimodal project.';

(2) in subsection (b) by inserting `or title 23' after `under this title';

(3) by striking subsection (c) and inserting the following:

`(c) Application of Categorical Exclusions for Multimodal Projects- In considering the environmental impacts of a proposed multimodal project, a lead authority may apply categorical exclusions designated under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) in implementing regulations or procedures of a cooperating authority for a proposed multimodal project, subject to the conditions that--

`(1) the lead authority makes a determination, with the concurrence of the cooperating authority--

`(A) on the applicability of a categorical exclusion to a proposed multimodal project; and

`(B) that the project satisfies the conditions for a categorical exclusion under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and this section;

`(2) the lead authority follows the cooperating authority's implementing regulations or procedures under such Act; and

`(3) the lead authority determines that--

`(A) the proposed multimodal project does not individually or cumulatively have a significant impact on the environment; and

`(B) extraordinary circumstances do not exist that merit additional analysis and documentation in an environmental impact statement or environmental assessment required under such Act.'; and

(4) by striking subsection (d) and inserting the following:

`(d) Cooperating Authority Expertise- A cooperating authority shall provide expertise to the lead authority on aspects of the multimodal project in which the cooperating authority has expertise.'.

SEC. 1312. SURFACE TRANSPORTATION PROJECT DELIVERY PROGRAM.

Section 327 of title 23, United States Code, is amended--

(1) in subsection (a)(2)(B)(iii) by striking `(42 U.S.C. 13 4321 et seq.)' and inserting `(42 U.S.C. 4321 et seq.)';

(2) in subsection (c)(4) by inserting `reasonably' before `considers necessary';

(3) in subsection (e) by inserting `and without further approval of' after `in lieu of';

(4) in subsection (g)--

(A) by striking paragraph (1) and inserting the following:

`(1) IN GENERAL- To ensure compliance by a State with any agreement of the State under subsection (c) (including compliance by the State with all Federal laws for which responsibility is assumed under subsection (a)(2)), for each State participating in the program under this section, the Secretary shall--

`(A) not later than 6 months after execution of the agreement, meet with the State to review implementation of the agreement and discuss plans for the first annual audit;

`(B) conduct annual audits during each of the first 4 years of State participation; and

`(C) ensure that the time period for completing an annual audit, from initiation to completion (including public comment and responses to those comments), does not exceed 180 days.'; and

(B) by adding at the end the following:

`(3) AUDIT TEAM- An audit conducted under paragraph (1) shall be carried out by an audit team determined by the Secretary, in consultation with the State. Such consultation shall include a reasonable opportunity for the State to review and provide comments on the proposed members of the audit team.'; and

(5) by adding at the end the following:

`(k) Capacity Building- The Secretary, in cooperation with representatives of State officials, may carry out education, training, peer-exchange, and other initiatives as appropriate--

`(1) to assist States in developing the capacity to participate in the assignment program under this section; and

`(2) to promote information sharing and collaboration among States that are participating in the assignment program under this section.

`(l) Relationship to Locally Administered Projects- A State granted authority under this section may, as appropriate and at the request of a local government--

`(1) exercise such authority on behalf of the local government for a locally administered project; or

`(2) provide guidance and training on consolidating and minimizing the documentation and environmental analyses necessary for sponsors of a locally administered project to comply with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and any comparable requirements under State law.'.

SEC. 1313. PROGRAM FOR ELIMINATING DUPLICATION OF ENVIRONMENTAL REVIEWS.

(a) Purpose- The purpose of this section is to eliminate duplication of environmental reviews and approvals under State and Federal laws.

(b) In General- Chapter 3 of title 23, United States Code, is amended by adding at the end the following:

`Sec. 330. Program for eliminating duplication of environmental reviews

`(a) Establishment-

`(1) IN GENERAL- The Secretary shall establish a pilot program to authorize States that are approved to participate in the program to conduct environmental reviews and make approvals for projects under State environmental laws and regulations instead of Federal environmental laws and regulations, consistent with the requirements of this section.

`(2) PARTICIPATING STATES- The Secretary may select not more than 5 States to participate in the program.

`(3) ALTERNATIVE REVIEW AND APPROVAL PROCEDURES- In this section, the term `alternative environmental review and approval procedures' means--

`(A) substitution of 1 or more State environmental laws for--

`(i) the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.);

`(ii) such provisions of sections 109(h), 128, and 139 related to the application of that Act that are under the authority of the Secretary, as the Secretary, in consultation with the State, considers appropriate; and

`(iii) related regulations and Executive orders; and

`(B) substitution of 1 or more State environmental regulations for--

`(i) the National Environmental Policy Act of 1969;

`(iii) related regulations and Executive orders.

`(b) Application- To be eligible to participate in the program, a State shall submit to the Secretary an application containing such information as the Secretary may require, including--

`(1) a full and complete description of the proposed alternative environmental review and approval procedures of the State;

`(2) each Federal law described in subsection (a)(3) that the State is seeking to substitute;

`(3) each State law and regulation that the State intends to substitute for such Federal law, Federal regulation, or Executive order;

`(4) an explanation of the basis for concluding that the State law or regulation is substantially equivalent to the Federal law described in subsection (a)(3);

`(5) a description of the projects or classes of projects for which the State anticipates exercising the authority that may be granted under the program;

`(6) verification that the State has the financial resources necessary to carry out the authority that may be granted under the program;

`(7) evidence of having sought, received, and addressed comments on the proposed application from the public; and

`(8) any such additional information as the Secretary, or, with respect to section (d)(1)(A), the Secretary in consultation with the Chair, may require.

`(c) Review of Application- In accordance with subsection (d), the Secretary shall--

`(1) review an application submitted under subsection (b);

`(2) approve or disapprove the application not later than 90 days after the date of receipt of the application; and

`(3) transmit to the State notice of the approval or disapproval, together with a statement of the reasons for the approval or disapproval.

`(d) Approval of Application-

`(1) IN GENERAL- The Secretary shall approve an application submitted under subsection (b) only if--

`(A) the Secretary, with the concurrence of the Chair, determines that the laws and regulations of the State described in the application are substantially equivalent to the Federal laws that the State is seeking to substitute;

`(B) the Secretary determines that the State has the capacity, including financial and personnel, to assume the responsibility; and

`(C) the State has executed an agreement with the Secretary, in accordance with section 327, providing for environmental review, consultation, or other action under Federal environmental laws pertaining to the review or approval of a specific project.

`(2) EXCLUSION- The National Environmental Policy Act of 1969 shall not apply to a decision by the Secretary to approve or disapprove an application submitted under this section.

`(e) Judicial Review-

`(1) IN GENERAL- The United States district courts shall have exclusive jurisdiction over any civil action against a State--

`(A) for failure of the State to meet the requirements of this section; or

`(B) if the action involves the exercise of authority by the State under this section and section 327.

`(2) STATE JURISDICTION- A State court shall have exclusive jurisdiction over any civil action against a State if the action involves the exercise of authority by the State under this section not covered by paragraph (1).

`(f) Election- At its discretion, a State participating in the programs under this section and section 327 may elect to apply the National Environmental Protection Act of 1969 instead of the State's alternative environmental review and approval procedures.

`(g) Treatment of State Laws and Regulations- To the maximum extent practicable and consistent with Federal law, other Federal agencies with authority over a project subject to this section shall use documents produced by a participating State under this section to satisfy the requirements of the National Environmental Policy Act of 1969.

`(h) Relationship to Locally Administered Projects-

`(1) IN GENERAL- A State with an approved program under this section, at the request of a local government, may exercise authority under that program on behalf of up to 25 local governments for locally administered projects.

`(2) SCOPE- For up to 25 local governments selected by a State with an approved program under this section, the State shall be responsible for ensuring that any environmental review, consultation, or other action required under the National Environmental Policy Act of 1969 or the State program, or both, meets the requirements of such Act or program.

`(i) Review and Termination-

`(1) IN GENERAL- A State program approved under this section shall at all times be in accordance with the requirements of this section.

`(2) REVIEW- The Secretary shall review each State program approved under this section not less than once every 5 years.

`(3) PUBLIC NOTICE AND COMMENT- In conducting the review process under paragraph (2), the Secretary shall provide notice and an opportunity for public comment.

`(4) WITHDRAWAL OF APPROVAL- If the Secretary, in consultation with the Chair, determines at any time that a State is not administering a State program approved under this section in accordance with the requirements of this section, the Secretary shall so notify the State, and if appropriate corrective action is not taken within a reasonable time, not to exceed 90 days, the Secretary shall withdraw approval of the State program.

`(5) EXTENSIONS AND TERMINATIONS- At the conclusion of the review process under paragraph (2), the Secretary may extend for an additional 5-year period or terminate the authority of a State under this section to substitute that State's laws and regulations for Federal laws.

`(j) Report to Congress- Not later than 2 years after the date of enactment of this section, and annually thereafter, the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a report that describes the administration of the program, including--

`(1) the number of States participating in the program;

`(2) the number and types of projects for which each State participating in the program has used alternative environmental review and approval procedures; and

`(3) any recommendations for modifications to the program.

`(k) Definitions- In this section, the following definitions apply:

`(1) CHAIR- The term `Chair' means the Chair of the Council on Environmental Quality.

`(2) MULTIMODAL PROJECT- The term `multimodal project' has the meaning given that term in section 139(a).

`(3) PROGRAM- The term `program' means the pilot program established under this section.

`(4) PROJECT- The term `project' means--

`(A) a project requiring approval under this title, chapter 53 of subtitle III of title 49, or subtitle V of title 49; and

`(B) a multimodal project.'.

(c) Rulemaking-

(1) IN GENERAL- Not later than 270 days after the date of enactment of this Act, the Secretary of Transportation, in consultation with the Chair of the Council on Environmental Quality, shall promulgate regulations to implement the requirements of section 330 of title 23, United States Code, as added by this section.

(2) DETERMINATION OF SUBSTANTIALLY EQUIVALENT- As part of the rulemaking required under this subsection, the Chair shall--

(A) establish the criteria necessary to determine that a State law or regulation is substantially equivalent to a Federal law described in section 330(a)(3) of title 23, United States Code;

(B) ensure that such criteria, at a minimum--

(i) provide for protection of the environment;

(ii) provide opportunity for public participation and comment, including access to the documentation necessary to review the potential impact of a project; and

(iii) ensure a consistent review of projects that would otherwise have been covered under Federal law.

(d) Clerical Amendment- The analysis for chapter 3 of title 23, United States Code, is amended by adding at the end the following:

`330. Program for eliminating duplication of environmental reviews.'.

SEC. 1314. ASSESSMENT OF PROGRESS ON ACCELERATING PROJECT DELIVERY.

(a) In General- Not later than 2 years after the date of enactment of this Act, the Comptroller General of the United States shall assess the progress made under this Act, MAP-21 (Public Law 112-141), and SAFETEA-LU (Public Law 109-59), including the amendments made by those Acts, to accelerate the delivery of Federal-aid highway and highway safety construction projects and public transportation capital projects by streamlining the environmental review and permitting process.

(b) Contents- The assessment required under subsection (a) shall evaluate--

(1) how often the various streamlining provisions have been used;

(2) which of the streamlining provisions have had the greatest impact on streamlining the environmental review and permitting process;

(3) what, if any, impact streamlining of the process has had on environmental protection;

(4) how, and the extent to which, streamlining provisions have improved and accelerated the process for permitting under the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.), the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.), and other applicable Federal laws;

(5) what impact actions by the Council on Environmental Quality have had on accelerating Federal-aid highway and highway safety construction projects and public transportation capital projects;

(6) the number and percentage of projects that proceed under a traditional environmental assessment or environmental impact statement, and the number and percentage of projects that proceed under categorical exclusions;

(7) the extent to which the environmental review and permitting process remains a significant source of project delay and the sources of delays; and

(8) the costs of conducting environmental reviews and issuing permits or licenses for a project, including the cost of contractors and dedicated agency staff.

(c) Recommendations- The assessment required under subsection (a) shall include recommendations with respect to--

(1) additional opportunities for streamlining the environmental review process, including regulatory or statutory changes to accelerate the processes of Federal agencies (other than the Department) with responsibility for reviewing Federal-aid highway and highway safety construction projects and public transportation capital projects without negatively impacting the environment; and

(2) best practices of other Federal agencies that should be considered for adoption by the Department.

(d) Report to Congress- The Comptroller General of the United States shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a report containing the assessment and recommendations required under this section.

SEC. 1315. IMPROVING STATE AND FEDERAL AGENCY ENGAGEMENT IN ENVIRONMENTAL REVIEWS.

(a) In General- Title 49, United States Code, is amended by inserting after section 306 the following:

`Sec. 307. Improving State and Federal agency engagement in environmental reviews

`(a) In General-

`(1) REQUESTS TO PROVIDE FUNDS- A public entity receiving financial assistance from the Department of Transportation for 1 or more projects, or for a program of projects, for a public purpose may request that the Secretary allow the public entity to provide funds to Federal agencies, including the Department, State agencies, and Indian tribes participating in the environmental planning and review process for the project, projects, or program.

`(2) USE OF FUNDS- The funds may be provided only to support activities that directly and meaningfully contribute to expediting and improving permitting and review processes, including planning, approval, and consultation processes for the project, projects, or program.

`(b) Activities Eligible for Funding- Activities for which funds may be provided under subsection (a) include transportation planning activities that precede the initiation of the environmental review process, activities directly related to the environmental review process, dedicated staffing, training of agency personnel, information gathering and mapping, and development of programmatic agreements.

`(c) Amounts- Requests under subsection (a) may be approved only for the additional amounts that the Secretary determines are necessary for the Federal agencies, State agencies, or Indian tribes participating in the environmental review process to timely conduct their review.

`(d) Agreements- Prior to providing funds approved by the Secretary for dedicated staffing at an affected Federal agency under subsection (a), the affected Federal agency and the requesting public entity shall enter into an agreement that establishes a process to identify projects or priorities to be addressed by the use of the funds.

`(e) Rulemaking-

`(1) IN GENERAL- Not later than 180 days after the date of enactment of this section, the Secretary shall initiate a rulemaking to implement this section.

`(2) FACTORS- As part of the rulemaking carried out under paragraph (1), the Secretary shall ensure--

`(A) to the maximum extent practicable, that expediting and improving the process of environmental review and permitting through the use of funds accepted and expended under this section does not adversely affect the timeline for review and permitting by Federal agencies, State agencies, or Indian tribes of other entities that have not contributed funds under this section;

`(B) that the use of funds accepted under this section will not impact impartial decisionmaking with respect to environmental reviews or permits, either substantively or procedurally; and

`(C) that the Secretary maintains, and makes publicly available, including on the Internet, a list of projects or programs for which such review or permits have been carried out using funds authorized under this section.

`(f) Existing Authority- Nothing in this section may be construed to conflict with section 139(j) of title 23.'.

(b) Conforming Amendment- The analysis for chapter 3 of title 49, United States Code, is amended by inserting after the item relating to section 306 the following:

`307. Improving State and Federal agency engagement in environmental reviews.'.

SEC. 1316. ACCELERATED DECISIONMAKING IN ENVIRONMENTAL REVIEWS.

(a) In General- Title 49, United States Code, is amended by inserting after section 304 the following:

`Sec. 304a. Accelerated decisionmaking in environmental reviews

`(a) In General- In preparing a final environmental impact statement under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), if the lead agency modifies the statement in response to comments that are minor and are confined to factual corrections or explanations of why the comments do not warrant additional agency response, the lead agency may write on errata sheets attached to the statement, instead of rewriting the draft statement, subject to the condition that the errata sheets--

`(1) cite the sources, authorities, and reasons that support the position of the agency; and

`(2) if appropriate, indicate the circumstances that would trigger agency reappraisal or further response.

`(b) Single Document- To the maximum extent practicable, the lead agency shall expeditiously develop a single document that consists of a final environmental impact statement and a record of decision, unless--

`(1) the final environmental impact statement makes substantial changes to the proposed action that are relevant to environmental or safety concerns; or

`(2) there is a significant new circumstance or information relevant to environmental concerns that bears on the proposed action or the impacts of the proposed action.

`(c) Adoption of Documents-

`(1) AVOIDING DUPLICATION- To prevent duplication of analyses and support expeditious and efficient decisions, the operating administrations of the Department of Transportation shall use adoption and incorporation by reference in accordance with this paragraph.

`(2) ADOPTION OF DOCUMENTS OF OTHER OPERATING ADMINISTRATIONS- An operating administration or a secretarial office within the Department of Transportation may adopt a draft environmental impact statement, an environmental assessment, or a final environmental impact statement of another operating administration for the adopting operating administration's use when preparing an environmental assessment or final environmental impact statement for a project without recirculating the document for public review, if--

`(A) the adopting operating administration certifies that its proposed action is substantially the same as the project considered in the document to be adopted;

`(B) the other operating administration concurs with such decision; and

`(C) such actions are consistent with the requirements of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).

`(3) INCORPORATION BY REFERENCE- An operating administration or secretarial office within the Department of Transportation may incorporate by reference all or portions of a draft environmental impact statement, an environmental assessment, or a final environmental impact statement for the adopting operating administration's use when preparing an environmental assessment or final environmental impact statement for a project if--

`(A) the incorporated material is cited in the environmental assessment or final environmental impact statement and the contents of the incorporated material is briefly described;

`(B) the incorporated material is reasonably available for inspection by potentially interested persons within the time allowed for review and comment; and

`(C) the incorporated material does not include proprietary data that is not available for review and comment.'.

(b) Conforming Amendment- The analysis for chapter 3 of title 49, United States Code, is amended by inserting after the item relating to section 304 the following:

`304a. Accelerated decisionmaking in environmental reviews.'.

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