,i #aafth ,,congress #ast ,session ,h4 ,r4 #dgei ,,in ,,the ,,house ,,of ,,representatives ,october #ah1 #bjai,mr4 ,kevin ,hern of ,oklahoma introduced the following bill2 which was referred to the ,committee on ,transportation and ,infrastructure ,a ,,bill ,to increase emergency and disaster relief response1 build safer communities1 strengthen ,second ,amendment rights1 streamline administrative reviews1 and for other purposes4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,withdrawing from ,overburdensome ,reviews and ,keeping us ,safe ,act or the ,,works ,act4 7b7 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4 ,sec4 #b4 ,definitions4 ,sec4 #c4 ,effective date4 ,title ,i--,emergency and ,disaster ,relief ,through ,incentivizing ,better ,preparedness and ,response ,efforts ,sec4 #ajja4 ,national ,highway ,performance ,program4 ,sec4 #ajjb4 ,emergency relief4 ,sec4 #ajjc4 ,disaster relief mobilization pilot program4 ,sec4 #ajjd4 ,improved benefit feasibility assessments for emergency projects4 ,sec4 #ajje4 ,enhanced emergency communication of risk4 ,title ,,ii--,creating ,safer ,communities ,by ,reducing ,threats and ,increasing ,coordination ,while ,protecting ,second ,amendment ,rights ,sec4 #bjja4 ,safe ,routes to ,school program4 ,sec4 #bjjb4 ,safety incentive programs4 ,sec4 #bjjc4 ,stopping threats on pedestrians4 ,sec4 #bjjd4 ,cyber security tool2 cyber coordinator4 ,sec4 #bjje4 ,increased self defense on recreational lands4 ,title ,,iii--,streamlining ,federal ,bureaucracy for ,efficient ,environmental ,reviews on ,federal and ,tribal ,transportation ,initiatives ,sec4 #cjja4 ,efficient environmental reviews for project decision making and one ,federal decision4 ,sec4 #cjjb4 ,environmental reviews for certain tribal transportation facilities4 #b4 ,definitions ,in this ,act3 7#a7 ,department ,the term ,department means the ,department of ,transportation4 7#b7 ,secretary ,the term ,secretary means the ,secretary of ,transportation4 #c4 ,effective date ,this ,act and the amendments made by this ,act take effect on ,october #a1 #bjbj4 ,i ,emergency and ,disaster ,relief ,through ,incentivizing ,better ,preparedness and ,response ,efforts #ajja4 ,national ,highway ,performance ,program ,section #aai of title #bc1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7b7-- 7,a7 in paragraph 7#b71 by striking and at the end2 7,b7 in paragraph 7#c71 by striking the period at the end and inserting 2 and2 and 7,c7 by adding at the end the following3 7#d7 to provide support for measures to increase the resiliency of ,federal-aid highways and bridges on and off the ,national ,highway ,system to mitigate the impacts of sea level rise1 extreme weather events1 flooding1 or other natural disasters4 2 and 7#b7 by adding at the end the following3 7k7 ,protective features 7#a7 ,in general ,a ,state may use not more than #ae percent of the funds apportioned to the ,state under section #ajd7;b77#a7 for each fiscal year for one or more protective features on a ,federal-aid highway or bridge off the ,national ,highway ,system1 if the protective feature is designed to mitigate the risk of recurring damage1 or the cost of future repairs1 from extreme weather events1 flooding1 or other natural disasters4 7#b7 ,protective features described ,a protective feature referred to in paragraph 7#a7 may include-- 7,a7 raising roadway grades2 7,b7 relocating roadways in a base floodplain to higher ground above projected flood elevation levels or away from slide prone areas2 7,c7 stabilizing slide areas2 7,d7 stabilizing slopes2 7,e7 installing riprap2 7,f7 lengthening or raising bridges to increase waterway openings2 7,g7 deepening channels to prevent flooding2 7,h7 increasing the size or number of drainage structures2 7,i7 replacing culverts with bridges or upsizing culverts2 7,j7 repairing or maintaining tide gates2 7,k7 installing seismic retrofits on bridges2 7,l7 adding scour protection at bridges2 7,m7 adding scour1 stream stability1 coastal1 or other hydraulic countermeasures1 including spur dikes2 7,n7 the use of natural infrastructure to mitigate the risk of recurring damage or the cost of future repair from extreme weather events1 flooding1 or other natural disasters2 and 7,o7 any other features that mitigate the risk of recurring damage or the cost of future repair as a result of extreme weather events1 flooding1 or other natural disasters1 as determined by the ,secretary4 7#c7 ,savings provision ,nothing in this subsection limits the ability of a ,state to carry out a project otherwise eligible under subsection 7d7 using funds apportioned under section #ajd7;b77#a74 4 #ajjb4 ,emergency relief ,section #abe of title #bc1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7a77#a71 by inserting wildfire1 sea level rise1 after severe storm2 7#b7 by striking subsection 7b7 and inserting the following3 7b7 ,restriction on eligibility ,funds under this section shall not be used for the repair or reconstruction of a bridge that has been permanently closed to all vehicular traffic by the ,federal1 ,state1 ,tribal1 or responsible local official because of imminent danger of collapse due to a structural deficiency or physical deterioration4 2 and 7#c7 in subsection 7d7-- 7,a7 in paragraph 7#b77;,a7-- 7i7 by striking the period at the end and inserting 2 and2 7ii7 by striking a facility that meets the current and inserting the following3 a facility that-- 7i7 meets the current 2 and 7iii7 by adding at the end the following3 7ii7 incorporates economically justifiable improvements designed to mitigate the risk of recurring damage from extreme weather events1 flooding1 or other natural disasters4 2 7,b7 by redesignating paragraphs 7#c7 through 7#e7 as paragraphs 7#d7 through 7#f71 respectively2 and 7,c7 by inserting after paragraph 7#b7 the following3 7#c7 ,protective features 7,a7 ,in general ,the cost of an improvement that is part of a project under this section shall be an eligible expense under this section if the improvement is a protective feature that is designed to mitigate the risk of recurring damage1 or the cost of future repair1 from extreme weather events1 flooding1 or other natural disasters4 7,b7 ,protective features described ,a protective feature referred to in subparagraph 7,a7 may include-- 7i7 raising roadway grades2 7ii7 relocating roadways in a base floodplain to higher ground above projected flood elevation levels or away from slide prone areas2 7iii7 stabilizing slide areas2 7iv7 stabilizing slopes2 7v7 installing riprap2 7vi7 lengthening or raising bridges to increase waterway openings2 7vii7 deepening channels to prevent flooding2 7viii7 increasing the size or number of drainage structures2 7ix7 replacing culverts with bridges or upsizing culverts2 7x7 repairing or maintaining tide gates2 7xi7 installing seismic retrofits on bridges2 7xii7 adding scour protection at bridges2 7xiii7 adding scour1 stream stability1 coastal1 and other hydraulic countermeasures1 including spur dikes2 7xiv7 the use of natural infrastructure to mitigate the risk of recurring damage or the cost of future repair from extreme weather events1 flooding1 or other natural disasters2 and 7xv7 any other features that mitigate the risk of recurring damage or the cost of future repair as a result of extreme weather events1 flooding1 or other natural disasters1 as determined by the ,secretary4 4 #ajjc4 ,disaster relief mobilization pilot program 7a7 ,definitions ,in this section3 7#a7 ,local community ,the term local community means-- 7,a7 a unit of local government2 7,b7 a political subdivision of a ,state or local government2 7,c7 a metropolitan planning organization 7as defined in section #acd7;b7 of title #bc1 ,united ,states ,code72 7,d7 a rural planning organization2 or 7,e7 a ,tribal government4 7#b7 ,pilot program ,the term pilot program means the pilot program established by the ,secretary under subsection 7b74 7b7 ,establishment ,the ,secretary shall establish and carry out a pilot program under which the ,secretary shall provide grants to local communities to develop disaster preparedness and disaster response plans that include the use of bicycles4 7c7 ,application and selection requirements 7#a7 ,partnerships ,to be eligible to receive a grant under the pilot program1 a local community shall demonstrate plans to enter into a partnership with-- 7,a7 one or more nonprofit community organizations active in disaster relief or community development2 or 7,b7 one or more bicycle or pedestrian advocacy organizations4 7#b7 ,application ,to be eligible to receive a grant under the pilot program1 a local community shall submit to the ,secretary an application at such time1 in such manner1 and containing such information as the ,secretary may require1 including an identification of each nonprofit community organization and bicycle or pedestrian advocacy organization with which the local community plans to establish a partnership under paragraph 7#a74 7#c7 ,selection ,for each fiscal year1 the ,secretary shall select not fewer than #d1 and not more than #aj1 local communities that meet the eligibility requirements to receive a grant under the pilot program4 7d7 ,maximum amount ,the maximum amount of a grant under the pilot program shall be #abe1jjj4 7e7 ,use of funds 7#a7 ,vulnerability assessment 7,a7 ,in general ,each recipient of a grant under the pilot program shall carry out a vulnerability assessment of the current infrastructure of the applicable community that supports active transportation1 including bicycling1 walking1 and personal mobility devices1 with a particular focus on areas in the local community that-- 7i7 have low levels of vehicle ownership2 and 7ii7 lack sufficient active transportation infrastructure routes to public transportation4 7,b7 ,public participation ,in carrying out the vulnerability assessment under subparagraph 7,a71 a grant recipient shall-- 7i7 provide an opportunity for public participation and feedback2 and 7ii7 consider public feedback in developing or modifying response plans under paragraph 7#b74 7#b7 ,disaster preparedness and disaster response plans ,each recipient of a grant under the pilot program shall develop or modify1 as applicable1 disaster preparedness and disaster response plans to include the use of bicycles by first responders1 emergency workers1 and community organization representatives-- 7,a7 during a mandatory or voluntary evacuation ordered by a ,federal1 ,state1 ,tribal1 or local government entity-- 7i7 to notify residents of the need to evacuate2 7ii7 to evacuate individuals and goods2 and 7iii7 to reach individuals who are in need of first aid and medical assistance2 and 7,b7 after a disaster or emergency declared by a ,federal1 ,state1 ,tribal1 or local government entity-- 7i7 to participate in search and rescue activities2 7ii7 to carry commodities to be used for life-saving or life-sustaining purposes1 including-- 7,i7 water2 7,,ii7 food2 7,,iii7 first aid and other medical supplies2 and 7,,iv7 power sources and electric supplies1 such as cell phones1 radios1 lights1 and batteries2 7iii7 to reach individuals who are in need of the items described in clause 7ii72 and 7iv7 to assist with other disaster relief tasks1 as appropriate4 7#c7 ,preparedness training1 exercises1 and equipment ,each recipient of a grant under the pilot program shall-- 7,a7 provide training for first responders1 emergency workers1 and community organization representatives regarding-- 7i7 competent bicycle skills1 including the use of cargo bicycles and electric bicycles1 as applicable2 7ii7 basic bicycle maintenance2 and 7iii7 methods to use bicycles to carry out the activities described in subparagraphs 7,a7 and 7,b7 of paragraph 7#b72 7,b7 conduct exercises for the purpose of-- 7i7 exercising the skills described in subparagraph 7,a72 and 7ii7 maintaining bicycles and related equipment2 and 7,c7 provide bicycles1 as necessary and appropriate1 to each community organization acting in partnership with the recipient to allow representatives of the organization to assist in disaster preparedness and disaster response efforts4 7f7 ,report ,not later than #c years after the date of enactment of this ,act1 the ,secretary shall submit to ,congress a report that-- 7#a7 describes the activities carried out under the pilot program2 7#b7 analyzes the effectiveness of the pilot program2 and 7#c7 includes recommendations1 if any1 regarding methods by which to incorporate bicycles into disaster preparedness and disaster response plans in other communities4 #ajjd4 ,improved benefit feasibility assessments for emergency projects ,section #e7;a77#b77;,a7 of the ,flood ,control ,act of #aida 7#cc ,u4,s4,c4 #gjan7a77#b77;,a77 is amended to read as follows3 7,a7 ,consideration of benefits ,in preparing a cost and benefit feasibility assessment for any emergency project described in paragraph 7#a71 the ,chief of ,engineers shall consider-- 7i7 the benefits to be gained by such project for the protection of-- 7,i7 residential establishments2 7,,ii7 commercial establishments1 including the protection of inventory2 and 7,,iii7 agricultural establishments1 including the protection of crops2 and 7ii7 the benefits to navigation to be gained by such project4 4 #ajje4 ,enhanced emergency communication of risk ,section #cjbg7;d7 of the ,water ,resources ,reform and ,development ,act of #bjad 7#cc ,u4,s4,c4 #gji;c7d77 is amended by inserting 1 or when the ,national ,weather ,service forecasts a possibility that precipitation or runoff will exceed1 after when precipitation or runoff exceeds4 ,,ii ,creating ,safer ,communities ,by ,reducing ,threats and ,increasing ,coordination ,while ,protecting ,second ,amendment ,rights #bjja4 ,safe ,routes to ,school program ,section #adjd of ,,safetea-,,lu 7#bc ,u4,s4,c4 #djb note2 ,public ,law #aji-ei7 is amended-- 7#a7 in subsection 7a71 by striking primary and middle and inserting primary1 middle1 and high2 and 7#b7 in subsection 7k77#b7-- 7,a7 in the heading1 by striking primary and middle and inserting primary1 middle1 and high2 7,b7 by striking primary and middle and inserting primary1 middle1 and high2 and 7,c7 by striking eighth grade and inserting #abth grade4 #bjjb4 ,safety incentive programs 7a7 ,formula safety incentive program ,chapter #a of title #bc1 ,united ,states ,code1 is amended by adding at the end the following3 #aga4 ,formula safety incentive program 7a7 ,definitions ,in this section3 7#a7 ,metropolitan planning organization2 urbanized area ,the terms metropolitan planning organization and urbanized area have the meaning given those terms in section #acd7;b74 7#b7 ,transportation management area ,the term transportation management area means a transportation management area identified or designated by the ,secretary under section #acd7k77#a74 7#c7 ,vulnerable road user ,the term vulnerable road user means a nonmotorist 7as that term is used in the ,fatality ,analysis ,reporting ,system of the ,national ,highway ,traffic ,safety ,administration74 7#d7 ,vulnerable road user safety focus area ,the term vulnerable road user safety focus area means-- 7,a7 an urbanized area with combined fatality rate of vulnerable road users that is greater than #a4e per #ajj1jjj individuals2 or 7,b7 a ,state in which fatalities of vulnerable road users combined represents not less than #ae percent of the total annual crash fatalities in the ,state4 7b7 ,formula funding awards 7#a7 ,in general ,for each fiscal year1 the ,secretary shall distribute among the ,states the amounts made available to carry out this section for that fiscal year in accordance with paragraph 7#b74 7#b7 ,distribution ,the amount for each ,state shall be determined by multiplying the total amount of funding made available to carry out this section for the applicable fiscal year by the ratio that-- 7,a7 the total base apportionment for the ,state under section #ajd7;c72 bears to 7,b7 the total base apportionments for all ,states under section #ajd7;c74 7c7 ,safety supplemental 7#a7 ,in general ,a ,state shall use #ej percent of the amount distributed to the ,state under subsection 7b7 for each fiscal year to carry out the eligible activities under paragraph 7#b74 7#b7 ,eligible activities 7,a7 ,states ,subject to paragraph 7#d77;,a71 a ,state shall use the funds under paragraph 7#a7 for a highway safety improvement project or strategy included on the ,state strategic highway safety plan 7as defined in section #adh7;a77 of the ,state4 7,b7 ,m,p,os ,subject to paragraph 7#d77;,b71 a metropolitan planning organization that is required to obligate funds under subsection 7e7 shall use the funds under paragraph 7#a7 for a highway safety improvement project 7as defined in section #adh7;a774 7#c7 ,federal share ,the ,federal share of the cost of a project carried out with funds under paragraph 7#a7 shall be determined in accordance with section #abj4 7#d7 ,limitation on flexibility 7,a7 ,states ,notwithstanding paragraph 7#b77;,a71 a ,state that is a vulnerable road user safety focus area shall use the funds under paragraph 7#a7 for a highway safety improvement project 7as defined in section #adh7;a77 to improve the safety of vulnerable road users1 regardless of whether the project is included on the ,state strategic highway safety plan 7as defined in section #adh7;a77 of the ,state4 7,b7 ,m,p,os ,notwithstanding paragraph 7#b77;,b71 a metropolitan planning organization that is required to obligate funds under subsection 7e7 that contains an area designated as a vulnerable road user safety focus area shall use the funds under paragraph 7#a7 for a highway safety improvement project 7as defined in section #adh7;a77 to improve the safety of vulnerable road users4 7d7 ,safety planning incentive 7#a7 ,vulnerable road user safety assessments 7,a7 ,in general ,a ,state may1 in consultation with metropolitan planning organizations within the ,state1 develop and publish a ,state vulnerable road user safety assessment described in subparagraph 7,b74 7,b7 ,state vulnerable road user safety assessment described ,a vulnerable road user safety assessment referred to in subparagraph 7,a7 is an assessment of the safety performance of the ,state with respect to vulnerable road users and the plan of the ,state1 developed in consultation with the metropolitan planning organizations within the ,state1 if any1 to improve the safety of vulnerable road users1 which shall-- 7i7 include the approximate location within the ,state of each vulnerable road user fatality during the most recently reported #b-year period of final data from the ,fatality ,analysis ,reporting ,system of the ,national ,highway ,traffic ,safety ,administration and the operating speed of the roadway at that location2 7ii7 include the corridors within the ,state on which a vulnerable road user fatality has occurred during the most recently reported #b-year period of final data from the ,fatality ,analysis ,reporting ,system of the ,national ,highway ,traffic ,safety ,administration and the operating speeds of those corridors2 7iii7 include a list of projects within the ,state that primarily address the safety of vulnerable road users that-- 7,i7 have been completed during the #b most recent fiscal years prior to date of the publication of the vulnerable road user safety assessment1 including the amount of funding that has been dedicated to those projects1 described in total amounts and as a percentage of total capital expenditures2 7,,ii7 are planned to be completed during the #b fiscal years following the date of the publication of the vulnerable road user assessment1 including the amount of funding that the ,state plans to be dedicated to those projects1 described in total amounts and as a percentage of total capital expenditures2 and 7,,iii7 have the potential to be included on the list described in subclause 7,,ii7 once the permitting and approval processes for those projects are complete1 including the reason for the delay in the completion of those processes1 if any2 and 7iv7 be reviewed and certified by the ,secretary to have met the requirements of this subparagraph4 7#b7 ,acceleration of safety project delivery ,for each project identified by a ,state under paragraph 7#a77;,b77iii77,,iii71 to the maximum extent practicable1 the ,secretary1 in consultation with the ,state1 shall use the authority under section #adbj of the ,,fast ,act 7#bc ,u4,s4,c4 #aja note2 ,public ,law #aad-id7 to accelerate delivery of the project4 7#c7 ,safety plan incentive ,a ,state shall use #ej percent of the amounts made available to the ,state under subsection 7b7 for each fiscal year to carry out eligible activities under paragraph 7#d74 7#d7 ,eligible activities 7,a7 ,in general ,a ,state and any metropolitan planning organization in the ,state that is required to obligate funds under subsection 7e7 may use funds under paragraph 7#c7 for a project or strategy described in subsection 7c77#b74 7,b7 ,additional eligibility incentive ,in addition to the eligible activities under subparagraph 7,a71 a ,state and any metropolitan planning organization in the ,state that is required to obligate funds under subsection 7e7 may use the funds under paragraph 7#c7 for a project eligible under section #acc7;b7 if-- 7i7 the ,state has1 within the fiscal year prior to the fiscal year in which the ,secretary is making the grant or by a deadline established by the ,secretary in the fiscal year in which the ,secretary is making the grant1 conducted and published a vulnerable road user safety assessment described in paragraph 7#a77;,b7 that has been approved by the ,secretary under clause 7iv7 of that paragraph2 or 7ii7 for a ,state that has previously published a vulnerable road user safety assessment described in paragraph 7#a77;,b7 that has been approved by the ,secretary under clause 7iv7 of that paragraph-- 7,i7 the ,state has1 within the fiscal year prior to the fiscal year in which the ,secretary is making the grant or by a deadline established by the ,secretary in the fiscal year in which the ,secretary is making the grant1 updated the estimates described in clauses 7i7 and 7ii7 of paragraph 7#a77;,b72 and 7,,ii7 the ,state and the metropolitan planning organization have1 within the #d fiscal years prior to the fiscal year in which the ,secretary is making the grant or by a deadline established by the ,secretary in the fiscal year in which the ,secretary is making the grant1 incorporated a vulnerable road user safety assessment described in paragraph 7#a77;,b7 into-- 7aa7 a long-range transportation plan developed by the metropolitan planning organization under section #acd7;c71 if any2 and 7bb7 the long-range statewide transportation plan developed by the ,state under section #ace7;f77#a74 7#e7 ,federal share ,the ,federal share of the cost of a project carried out using funds under paragraph 7#c7-- 7,a7 in the case of a ,state or metropolitan planning organization within a ,state that meets the requirements under paragraph 7#d77;,b71 may be up to #ajj percent1 at the discretion of the ,state2 and 7,b7 in the case of a ,state or metropolitan planning organization within a ,state that is not described in subparagraph 7,a71 shall be determined in accordance with section #abj4 7e7 ,suballocation requirements 7#a7 ,in general ,for each fiscal year1 of the funds made available to a ,state under subsections 7c7 and 7d7-- 7,a7 #fe percent of each amount shall be obligated1 in proportion to their relative shares of the population of the ,state-- 7i7 in urbanized areas of the ,state with an urbanized area population of over #bjj1jjj2 and 7ii7 in other areas of the ,state2 and 7,b7 the remainder may be obligated in any area of the ,state4 7#b7 ,metropolitan areas ,funds attributed to an urbanized area under paragraph 7#a77;,a77i7 may be obligated in the metropolitan area established under section #acd that encompasses the urbanized area4 7#c7 ,distribution among urbanized areas of over #bjj1jjj population 7,a7 ,in general ,except as provided in subparagraph 7,b71 the amount that a ,state is required to obligate under paragraph 7#a77;,a77i7 shall be obligated in urbanized areas described in paragraph 7#a77;,a77i7 based on the relative population of the areas4 7,b7 ,other factors ,the ,state may obligate the funds described in subparagraph 7,a7 based on other factors if-- 7i7 the ,state and the relevant metropolitan planning organizations jointly apply to the ,secretary for the permission to base the obligation on other factors2 and 7ii7 the ,secretary grants the request4 7#d7 ,consultation in urbanized areas ,before obligating funds for an activity under subsection 7c7 or 7d7 in an urbanized area that is not a transportation management area1 a ,state shall consult with any metropolitan planning organization that represents the urbanized area prior to determining which activities should be carried out4 7#e7 ,consultation in rural areas ,before obligating funds for an eligible activity under subsections 7c7 and 7d7 in a rural area1 a ,state shall consult with any regional transportation planning organization or metropolitan planning organization that represents a rural area of the ,state prior to determining which activities should be carried out4 4 7b7 ,conforming amendment ,the table of sections for chapter ,i of title #bc1 ,united ,states ,code1 is amended by adding at the end the following3 #aga4 ,formula safety incentive program4 4 #bjjc4 ,stopping threats on pedestrians 7a7 ,definition of bollard installation project ,in this section1 the term bollard installation project means a project to install raised concrete or metal posts on a sidewalk adjacent to a roadway that are designed to slow or stop a motor vehicle4 7b7 ,establishment ,not later than #a year after the date of enactment of this ,act and subject to the availability of appropriations1 the ,secretary shall establish and carry out a competitive grant pilot program to provide assistance to local government entities for bollard installation projects designed to prevent pedestrian injuries and acts of terrorism in areas used by large numbers of pedestrians4 7c7 ,application ,to be eligible to receive a grant under this section1 a local government entity shall submit to the ,secretary an application at such time1 in such form1 and containing such information as the ,secretary determines to be appropriate1 which shall include1 at a minimum-- 7#a7 a description of the proposed bollard installation project to be carried out2 7#b7 a description of the pedestrian injury or terrorism risks with respect to the proposed installation area2 and 7#c7 an analysis of how the proposed bollard installation project will mitigate those risks4 7d7 ,use of funds ,a recipient of a grant under this section may only use the grant funds for a bollard installation project4 7e7 ,federal share ,the ,federal share of the costs of a bollard installation project carried out with a grant under this section may be up to #ajj percent4 7f7 ,authorization of appropriations ,there is authorized to be appropriated to the ,secretary to carry out this section #e1jjj1jjj for each of fiscal years #bjba through #bjbe4 #bjjd4 ,cyber security tool2 cyber coordinator 7a7 ,definitions ,in this section3 7#a7 ,administrator ,the term ,administrator means the ,administrator of the ,federal ,highway ,administration4 7#b7 ,cyber incident ,the term cyber incident has the meaning given the term significant cyber incident in ,presidential ,policy ,directive-#da 7,july #bf1 #bjaf1 relating to cyber incident coordination74 7#c7 ,transportation authority ,the term transportation authority means-- 7,a7 a public authority 7as defined in section #aja7;a7 of title #bc1 ,united ,states ,code72 7,b7 an owner or operator of a highway 7as defined in section #aja7;a7 of title #bc1 ,united ,states ,code72 7,c7 a manufacturer that manufactures a product related to transportation2 and 7,d7 a division office of the ,federal ,highway ,administration4 7b7 ,cybersecurity tool 7#a7 ,in general ,not later than #b years after the date of enactment of this ,act1 the ,administrator shall develop a tool to assist transportation authorities in identifying1 detecting1 protecting against1 responding to1 and recovering from cyber incidents4 7#b7 ,requirements ,in developing the tool under paragraph 7#a71 the ,administrator shall-- 7,a7 use the cybersecurity framework established by the ,national ,institute of ,standards and ,technology and required by ,executive ,order #acfcf of ,february #ab1 #bjac 7#gh ,fed4 ,reg4 #aagci2 relating to improving critical infrastructure cybersecurity72 7,b7 establish a structured cybersecurity assessment and development program2 7,c7 consult with appropriate transportation authorities1 operating agencies1 industry stakeholders1 and cybersecurity experts2 and 7,d7 provide for a period of public comment and review on the tool4 7c7 ,designation of cyber coordinator 7#a7 ,in general ,not later than #b years after the date of enactment of this ,act1 the ,administrator shall designate an office as a cyber coordinator1 which shall be responsible for monitoring1 alerting1 and advising transportation authorities of cyber incidents4 7#b7 ,requirements ,the office designated under paragraph 7#a7 shall-- 7,a7 provide to transportation authorities a secure method of notifying a single ,federal entity of cyber incidents2 7,b7 monitor cyber incidents that affect transportation authorities2 7,c7 alert transportation authorities to cyber incidents that affect those transportation authorities2 7,d7 investigate unaddressed cyber incidents that affect transportation authorities2 and 7,e7 provide to transportation authorities educational resources1 outreach1 and awareness on fundamental principles and best practices in cybersecurity for transportation systems4 #bjje4 ,increased self defense on recreational lands 7a7 ,protecting the right of individuals ,to bear arms at water resources development projects ,the ,secretary of the ,army shall not promulgate or enforce any regulation that prohibits an individual from possessing a firearm1 including an assembled1 functional1 or loaded firearm1 at a water resources development project covered under section #cbg4j of title #cf1 ,code of ,federal ,regulations 7as in effect on the date of enactment of this ,act71 if-- 7#a7 the individual is not otherwise prohibited by law from possessing the firearm2 and 7#b7 the possession of the firearm is in compliance with the law of the ,state in which the water resources development project is located4 ,,iii ,streamlining ,federal ,bureaucracy for ,efficient ,environmental ,reviews on ,federal and ,tribal ,transportation ,initiatives #cjja4 ,efficient environmental reviews for project decision making and one ,federal decision 7a7 ,in general ,section #aci of title #bc1 ,united ,states ,code1 is amended-- 7#a7 in the section heading1 by striking decisionmaking and inserting decisionmaking and ,one ,federal ,decision2 7#b7 in subsection 7a7-- 7,a7 by redesignating paragraphs 7#b7 through 7#h7 as paragraphs 7#d71 7#e71 7#f71 7#h71 7#i71 7#aj71 and 7#aa71 respectively2 7,b7 by inserting after paragraph 7#a7 the following3 7#b7 ,authorization ,the term authorization means any environmental license1 permit1 approval1 finding1 or other administrative decision related to the environmental review process that is required under ,federal law to site1 construct1 or reconstruct a project4 7#c7 ,environmental document ,the term environmental document includes an environmental assessment1 finding of no significant impact1 notice of intent1 environmental impact statement1 or record of decision under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq474 2 7,c7 in subparagraph 7,b7 of paragraph 7#e7 7as so redesignated71 by striking process for and completion of any environmental permit and inserting process and schedule1 including a timetable for and completion of any environmental permit2 and 7,d7 by inserting after paragraph 7#f7 7as so redesignated7 the following3 7#g7 ,major project 7,a7 ,in general ,the term major project means a project for which-- 7i7 multiple permits1 approvals1 reviews1 or studies are required under a ,federal law other than the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq472 7ii7 the project sponsor has identified the reasonable availability of funds sufficient to complete the project2 7iii7 the project is not a covered project 7as defined in section #dajja of the ,,fast ,act 7#db ,u4,s4,c4 #dcgjm772 and 7iv7 7,i7 the head of the lead agency has determined that an environmental impact statement is required2 or 7,,ii7 the head of the lead agency has determined that an environmental assessment is required1 and the project sponsor requests that the project be treated as a major project4 7,b7 ,clarification ,in this section1 the term major project does not have the same meaning as the term major project as described in section #ajf7;h74 2 7#c7 in subsection 7b77#a7-- 7,a7 by inserting 1 including major projects1 after all projects2 and 7,b7 by inserting as requested by a project sponsor and after applied12 7#d7 in subsection 7c7-- 7,a7 in paragraph 7#f7-- 7i7 in subparagraph 7,b71 by striking and at the end2 7ii7 in subparagraph 7,c71 by striking the period at the end and inserting 2 and2 and 7iii7 by adding at the end the following3 7,d7 to calculate annually the average time taken by the lead agency to complete all environmental documents for each project during the previous fiscal year4 2 and 7,b7 by adding at the end the following3 7#g7 ,process improvements for projects 7,a7 ,in general ,the ,secretary shall review-- 7i7 existing practices1 procedures1 rules1 regulations1 and applicable laws to identify impediments to meeting the requirements applicable to projects under this section2 and 7ii7 best practices1 programmatic agreements1 and potential changes to internal departmental procedures that would facilitate an efficient environmental review process for projects4 7,b7 ,consultation ,in conducting the review under subparagraph 7,a71 the ,secretary shall consult1 as appropriate1 with the heads of other ,federal agencies that participate in the environmental review process4 7,c7 ,report ,not later than #b years after the date of enactment of the ,america's ,transportation ,infrastructure ,act of #bjai1 the ,secretary shall submit to the ,committee on ,environment and ,public ,works of the ,senate and the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives a report that includes-- 7i7 the results of the review under subparagraph 7,a72 and 7ii7 an analysis of whether additional funding would help the ,secretary meet the requirements applicable to projects under this section4 2 7#e7 in subsection 7d7-- 7,a7 in paragraph 7#h7-- 7i7 in the paragraph heading1 by striking ,,nepa and inserting environmental2 7ii7 in subparagraph 7,a7-- 7,i7 by inserting and except as provided in subparagraph 7,d7 after paragraph 7#g72 7,,ii7 by striking permits and inserting authorizations2 and 7,,iii7 by striking single environment document and inserting single environmental document for each kind of environmental document2 7iii7 in subparagraph 7,b77i7-- 7,i7 by striking an environmental document and inserting environmental documents2 and 7,,ii7 by striking permits issued and inserting authorizations2 and 7iv7 by adding at the end the following3 7,d7 ,exceptions ,the lead agency may waive the application of subparagraph 7,a7 with respect to a project if-- 7i7 the project sponsor requests that agencies issue separate environmental documents2 7ii7 the obligations of a cooperating agency or participating agency under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq47 have already been satisfied with respect to the project2 or 7iii7 the lead agency determines that reliance on a single environmental document 7as described in subparagraph 7,a77 would not facilitate timely completion of the environmental review process for the project4 2 and 7,b7 by adding at the end the following3 7#aj7 ,timely authorizations for major projects 7,a7 ,deadline ,except as provided in subparagraph 7,c71 all authorization decisions necessary for the construction of a major project shall be completed by not later than #ij days after the date of the issuance of a record of decision for the major project4 7,b7 ,detail ,the final environmental impact statement for a major project shall include an adequate level of detail to inform decisions necessary for the role of the participating agencies in the environmental review process4 7,c7 ,extension of deadline ,the head of the lead agency may extend the deadline under subparagraph 7,a7 if-- 7i7 ,federal law prohibits the lead agency or another agency from issuing an approval or permit within the period described in that subparagraph2 7ii7 the project sponsor requests that the permit or approval follow a different timeline2 or 7iii7 an extension would facilitate completion of the environmental review and authorization process of the major project4 2 7#f7 in subsection 7g77#a7-- 7,a7 in subparagraph 7,b7-- 7i7 in clause 7ii77,,iv71 by striking schedule for and cost of and inserting time required by an agency to conduct an environmental review and make decisions under applicable ,federal law relating to a project 7including the issuance or denial of a permit or license7 and the cost of2 and 7ii7 by adding at the end the following3 7iii7 ,major project schedule ,to the maximum extent practicable and consistent with applicable ,federal law1 in the case of a major project1 the lead agency shall develop1 in concurrence with the project sponsor1 a schedule for the major project that is consistent with an agency average of not more than #b years for the completion of the environmental review process for major projects1 as measured from1 as applicable-- 7,i7 the date of publication of a notice of intent to prepare an environmental impact statement to the record of decision2 or 7,,ii7 the date on which the head of the lead agency determines that an environmental assessment is required to a finding of no significant impact4 2 7,b7 by striking subparagraph 7,d7 and inserting the following3 7,d7 ,modification 7i7 ,in general ,except as provided in clause 7ii71 the lead agency may lengthen or shorten a schedule established under subparagraph 7,b7 for good cause4 7ii7 ,exceptions 7,i7 ,major projects ,in the case of a major project1 the lead agency may lengthen a schedule under clause 7i7 for a cooperating ,federal agency by not more than #a year after the latest deadline established for the major project by the lead agency4 7,,ii7 ,shortened schedules ,the lead agency may not shorten a schedule under clause 7i7 if doing so would impair the ability of a cooperating ,federal agency to conduct necessary analyses or otherwise carry out relevant obligations of the ,federal agency for the project4 2 7,c7 by redesignating subparagraph 7,e7 as subparagraph 7,f72 and 7,d7 by inserting after subparagraph 7,d7 the following3 7,e7 ,failure to meet deadline ,if a cooperating ,federal agency fails to meet a deadline established under subparagraph 7,d77ii77,i7-- 7i7 the cooperating ,federal agency shall submit to the ,secretary a report that describes the reasons why the deadline was not met2 and 7ii7 the ,secretary shall-- 7,i7 transmit to the ,committee on ,environment and ,public ,works of the ,senate and the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives a copy of the report under clause 7i72 and 7,,ii7 make the report under clause 7i7 publicly available on the internet4 2 and 7#g7 by adding at the end the following3 7p7 ,accountability and reporting for major projects 7#a7 ,in general ,the ,secretary shall establish a performance accountability system to track each major project4 7#b7 ,requirements ,the performance accountability system under paragraph 7#a7 shall1 for each major project1 track1 at a minimum-- 7,a7 the environmental review process for the major project1 including the project schedule2 7,b7 whether the lead agency1 cooperating agencies1 and participating agencies are meeting the schedule established for the environmental review process2 and 7,c7 the time taken to complete the environmental review process4 7q7 ,development of categorical exclusions 7#a7 ,in general ,not later than #fj days after the date of enactment of this subsection1 the ,secretary shall-- 7,a7 in consultation with the agencies described in paragraph 7#b71 identify the categorical exclusions described in section #gga4aag of title #bc1 ,code of ,federal ,regulations 7or successor regulations71 that would accelerate delivery of a project if those categorical exclusions were available to those agencies2 7,b7 collect existing documentation and substantiating information on the categorical exclusions described in subparagraph 7,a72 and 7,c7 provide to each agency described in paragraph 7#b7 a list of the categorical exclusions identified under subparagraph 7,a7 and the documentation and substantiating information under subparagraph 7,b74 7#b7 ,agencies described ,the agencies referred to in paragraph 7#a7 are-- 7,a7 the ,department of the ,interior2 7,b7 the ,department of the ,army2 7,c7 the ,department of ,commerce2 7,d7 the ,department of ,agriculture2 7,e7 the ,department of ,energy2 7,f7 the ,department of ,defense2 and 7,g7 any other ,federal agency that has participated in an environmental review process for a project1 as determined by the ,secretary4 7#c7 ,adoption of categorical exclusions 7,a7 ,in general ,not later than #a year after the date on which the ,secretary provides the list under paragraph 7#a77;,c71 an agency described in paragraph 7#b7 shall publish a notice of proposed rulemaking to propose any categorical exclusions from the list applicable to the agency1 subject to the condition that the categorical exclusion identified under paragraph 7#a77;,a7 meets the criteria for a categorical exclusion under section #aejh4d of title #dj1 ,code of ,federal ,regulations 7or successor regulations74 7,b7 ,public comment ,in a notice of proposed rulemaking under subparagraph 7,a71 the applicable agency may solicit comments on whether any of the proposed new categorical exclusions meet the criteria for a categorical exclusion under section #aejh4d of title #dj1 ,code of ,federal ,regulations 7or successor regulations74 4 7b7 ,clerical amendment ,the analysis for chapter #a of title #bc1 ,united ,states ,code1 is amended by striking the item relating to section #aci and inserting the following3 #aci4 ,efficient environmental reviews for project decisionmaking and ,one ,federal ,decision4 4 #cjjb4 ,environmental reviews for certain tribal transportation facilities 7a7 ,secretary ,in this section1 the term ,secretary means the ,secretary of the ,interior4 7b7 ,definition of tribal transportation safety project 7#a7 ,in general ,in this section1 the term tribal transportation safety project means a project described in paragraph 7#b7 that is eligible for funding under section #bjb of title #bc1 ,united ,states ,code4 7#b7 ,project described ,a project described in this paragraph is a project that corrects or improves a hazardous road location or feature or addresses a highway safety problem through one or more of the activities described in any of the clauses under section #adh7;a77#d77;,b7 of title #bc1 ,united ,states ,code4 7c7 ,reviews of tribal transportation safety projects 7#a7 ,in general ,the ,secretary or the ,secretary of ,transportation1 as applicable1 or the head of another ,federal agency responsible for a decision related to a tribal transportation safety project shall complete any approval or decision for the review of the tribal transportation safety project required under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq47 or any other applicable ,federal law on an expeditious basis using the shortest existing applicable process4 7#b7 ,review of applications ,not later than #de days after the date of receipt of a complete application by an ,indian tribe for approval of a tribal transportation safety project1 the ,secretary or the ,secretary of ,transportation1 as applicable1 shall-- 7,a7 take final action on the application2 or 7,b7 provide the ,indian tribe a schedule for completion of the review described in paragraph 7#a71 including the identification of any other ,federal agency that has jurisdiction with respect to the project4 7#c7 ,decisions under other federal laws ,in any case in which a decision under any other ,federal law relating to a tribal transportation safety project 7including the issuance or denial of a permit or license7 is required1 not later than #de days after the ,secretary or the ,secretary of ,transportation1 as applicable1 has made all decisions of the lead agency under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq47 with respect to the project1 the head of the ,federal agency responsible for the decision shall-- 7,a7 make the applicable decision2 or 7,b7 provide the ,indian tribe a schedule for making the decision4 7#d7 ,extensions ,the ,secretary or the ,secretary of ,transportation1 as applicable1 or the head of the ,federal agency may extend the period under paragraph 7#b7 or 7#c71 as applicable1 by an additional #cj days by providing the ,indian tribe notice of the extension1 including a statement of the need for the extension4 7#e7 ,notification and explanation ,in any case in which a required action is not completed by the deadline under paragraph 7#b71 7#c71 or 7#d71 as applicable1 the ,secretary1 the ,secretary of ,transportation1 or the head of a ,federal agency1 as applicable1 shall-- 7,a7 notify the ,committees on ,indian ,affairs and ,environment and ,public ,works of the ,senate and the ,committee on ,natural ,resources of the ,house of ,representatives of the failure to comply with the deadline2 and 7,b7 provide to the ,committees described in subparagraph 7,a7 a detailed explanation of the reasons for the failure to comply with the deadline4