,,ii  #aafth ,,congress  #ast ,session  
,s4 #ajed  ,,in ,,the ,,senate ,,of     
,,the ,,united ,,states  ,april #d1     
#bjai,mr4 ,cornyn 7for himself1 ,mr4    
,sullivan1 ,mr4 ,cruz1 and ,ms4         
,murkowski7 introduced the following    
bill2 which was read twice and referred 
to the ,committee on ,environment and   
,public ,works  ,a ,,bill  ,to amend    
title #ed1 ,united ,states ,code1 to    
establish a program to allow ,states to 
assume certain ,federal responsibilities
 under that title with respect to agency
 actions applicable to highway projects 
within the ,states1 and for other       
purposes4  #a4 ,assumption by ,states of
 certain historic preservation          
responsibilities  7a7 ,in general       
,subchapter ,i of chapter #cjfa of title
 #ed1 ,united ,states ,code1 is amended 
by adding at the end the following3     
#cjfaae4 ,assumption by ,states of      
certain responsibilities relating to    
highway projects  7a7 ,establishment    
7#a7 ,in general ,the head of each      

agency 7referred to in this section as  
the agency head7 shall carry out an     
assignment program 7referred to in this 
section as the program7 to allow ,states
 that are eligible under subsection     
7b77#a7 to assume certain               
responsibilities of the agency under    
section #cjfajh with respect to agency  
actions applicable to highway projects  
within the ,state4  7#b7 ,assumption of 
responsibility  7,a7 ,in general        
,subject to the other requirements of   
this section1 on written agreement of   
the agency head and a ,state 7which may 
be in the form of a memorandum of       
understanding71 the agency head may     
assign1 and the ,state may assume1 the  
responsibilities of the agency head     
under section #cjfajh with respect to   
the undertakings of the agency described
 in that section that are applicable to 
one or more highway projects in the     
,state4  7,b7 ,additional responsibility
  7i7 ,in general ,if a ,state assumes  
responsibility under subparagraph 7,a71 

subject to clause 7ii71 on the request  
of the ,state1 the agency head may also 
assign to the ,state1 and the ,state may
 assume1 the responsibilities of the    
agency head described in that           
subparagraph for one or more railroad1  
public transportation1 or multimodal    
projects within the ,state4  7ii7       
,exclusion of projects ,in any ,state   
that assumes a responsibility of the    
agency head under clause 7i71 a         
recipient of assistance under chapter   
#ec of title #di1 may submit to the     
agency head a request that the agency   
head shall maintain the responsibility  
of the agency head with respect to one  
or more public transportation projects  
carried out by the recipient in the     
,state4  7,c7 ,procedural and           
substantive requirements ,a ,state shall
 assume responsibility under this       
section subject to the same procedural  
and substantive requirements as would   
apply if the responsibility were carried
 out by the agency head4  7,d7 ,federal 

responsibility ,any responsibility of an
 agency head that is not explicitly     
assumed by a ,state by written agreement
 under this section shall remain the    
responsibility of the agency head4  7,e7
 ,no effect on authority ,nothing in    
this section preempts or interferes with
 any power1 jurisdiction1               
responsibility1 or authority of the     
,secretary1 the ,council1 or the        
applicable agency1 except with respect  
to an authority delegated by the agency 
head pursuant to subparagraph 7,a7 under
 applicable law regarding a project or  
agency action described in subparagraph 
7,a7 or 7,b74  7,f7 ,preservation of    
flexibility ,the agency head may not    
require a ,state1 as a condition of     
participation in the program1 to forgo a
 project delivery method that is        
otherwise permissible for a project     
described in subparagraph 7,a7 or 7,b74 
7,g7 ,legal fees ,a ,state that assumes 
a responsibility of an agency head under
 this section for a project described in

 subparagraph 7,a7 or 7,b7 may use funds
 apportioned to the ,state under section
 #ajd7;b77#b7 of title #bc1 as          
necessary1 for attorneys' fees directly 
attributable to eligible activities     
associated with the project4  7b7 ,state
 participation  7#a7 ,participating     
,states ,to be eligible to participate  
in the program1 a ,state shall-- 7,a7 be
 participating in the surface           
transportation project delivery program 
under section #cbg of title #bc2 and    
7,b7 assume the responsibilities of the 
,secretary of ,transportation under the 
,national ,environmental ,policy ,act of
 #aifi 7#db ,u4,s4,c4 #dcba et seq47    
pursuant to that section4  7#b7         
,application ,not later than #bgj days  
after the date of enactment of this     
section1 the ,secretary shall amend1 as 
appropriate1 regulations that establish 
requirements relating to information    
required in any application of a ,state 
to participate in the program1          
including1 at a minimum-- 7,a7 the      

projects or classes of projects for     
which the ,state anticipates exercising 
the authority that may be granted under 
the program2  7,b7 verification of the  
financial resources necessary to carry  
out the authority that may be granted   
under the program2 and  7,c7 evidence of
 the notice and solicitation of public  
comment by the ,state relating to       
participation of the ,state in the      
program1 including copies of comments   
received from that solicitation4  7#c7  
,public notice  7,a7 ,in general ,each  
,state that submits an application in   
accordance with the regulations         
described in paragraph 7#b7 shall       
provide to the relevant agency head and 
publish notice of the intent of the     
,state to participate in the program by 
not later than #cj days before the date 
of submission of the application4  7,b7 
,method of notice and solicitation ,the 
,state shall provide notice and solicit 
public comment under this paragraph by  
publishing the complete application of  

the ,state in accordance with the       
appropriate public notice requirements  
of the ,state4  7#d7 ,selection criteria
 ,the agency head may approve the       
application of a ,state under this      
subsection only if-- 7,a7 any necessary 
changes to regulations pursuant to      
paragraph 7#b7 have been carried out2   
7,b7 the agency head determines that the
 ,state has the capability1 including   
financial and personnel1 to assume the  
responsibility2 and  7,c7 the head of   
the ,state agency with primary          
jurisdiction over highway matters enters
 into a written agreement with the      
agency head1 as described in subsection 
7c74  7#e7 ,other agency views ,if a    
,state applies to assume a              
responsibility of the agency head that  
would have required the agency head to  
consult with another agency1 the agency 
head shall solicit the views of the     
other agency before approving the       
application of the ,state under this    
subsection4  7c7 ,written agreement ,a  

written agreement under this section    
shall-- 7#a7 be executed by-- 7,a7 the  
,governor of the applicable ,state2 or  
7,b7 the top-ranking transportation     
official in the ,state who is charged   
with responsibility for highway         
construction2  7#b7 be in such form as  
the agency head may require2  7#c7      
provide that the ,state-- 7,a7 agrees to
 assume all or part of the              
responsibilities of the agency head     
referred to in subsection 7a72  7,b7    
expressly consents1 on behalf of the    
,state1 to accept the jurisdiction of   
the ,federal courts for the compliance1 
discharge1 and enforcement of any       
responsibility of the agency head       
assumed by the ,state2  7,c7 certifies  
that ,state laws 7including regulations7
 are in effect that-- 7i7 authorize the 
,state to take the actions necessary to 
carry out the responsibilities being    
assumed2 and  7ii7 are comparable to    
section #eeb of title #e1 including     
providing that any decision regarding   

the public availability of a document   
under those ,state laws is reviewable by
 a court of competent jurisdiction2 and 
7,d7 agrees to maintain the financial   
resources necessary to carry out the    
responsibilities being assumed2  7#d7   
require the ,state to provide to the    
agency head any information the agency  
head reasonably considers necessary to  
ensure that the ,state is adequately    
carrying out the responsibilities       
assigned to the ,state2  7#e7 have a    
term of not more than #e years2 and     
7#f7 be renewable4  7d7 ,jurisdiction   
7#a7 ,in general ,the ,united ,states   
district courts shall have exclusive    
jurisdiction over any civil action      
against a ,state for failure to carry   
out any responsibility assumed by the   
,state pursuant to this section4  7#b7  
,legal standards and requirements ,a    
civil action under paragraph 7#a7 shall 
be governed by the legal standards and  
requirements that would apply in such a 
civil action against the applicable     

agency head had the agency head taken   
the actions in question4  7#c7          
,intervention ,the applicable agency    
head shall have the right to intervene  
in any action described in paragraph    
7#a74  7e7 ,effect of assumption of     
responsibility ,a ,state that assumes   
responsibility under subsection 7a77#b7 
shall be solely responsible and solely  
liable for carrying out1 in lieu of1 and
 without further approval of1 the       
applicable agency head1 those           
responsibilities1 until the date on     
which the program is terminated in      
accordance with subsection 7j74  7f7    
,limitations on agreements ,nothing in  
this section permits a ,state to assume 
any rulemaking authority of the         
,secretary or the applicable agency head
 under any ,federal law4  7g7 ,audits   
7#a7 ,in general ,to ensure compliance  
by a ,state with an agreement of the    
,state under subsection 7c7 7including  
compliance by the ,state with all       
,federal laws for which responsibility  

is assumed under subsection 7a77#b771   
for each ,state participating in the    
program1 the applicable agency head     
shall-- 7,a7 not later than #ahj days   
after the date of execution of the      
applicable agreement1 meet with the     
,state-- 7i7 to review the              
implementation of the agreement2 and    
7ii7 to discuss plans for the first     
annual audit2  7,b7 conduct annual      
audits during each of the first #d years
 of ,state participation in the program2
 and  7,c7 ensure that the time period  
for completing an annual audit1 from    
initiation to completion 7including     
public comment and responses to those   
comments71 does not exceed #ahj days4   
7#b7 ,public availability and comment   
7,a7 ,in general ,an audit conducted    
under paragraph 7#a7 shall be provided  
to the public for comment4  7,b7        
,response ,not later than #fj days after
 the date on which the period for public
 comment ends1 the applicable agency    
head shall respond to public comments   

received under subparagraph 7,a74  7#c7 
,audit team  7,a7 ,in general ,an audit 
conducted under paragraph 7#a7 shall be 
carried out by an audit team determined 
by the applicable agency head1 in       
consultation with the ,state1 in        
accordance with subparagraph 7,b74  7,b7
 ,consultation ,consultation with the   
,state under subparagraph 7,a7 shall    
include a reasonable opportunity for the
 ,state to review1 and provide comments 
regarding1 the proposed members of the  
audit team4  7h7 ,monitoring ,after the 
end of the fourth year of the           
participation by a ,state in the        
program1 the applicable agency head     
shall monitor compliance by the ,state  
with the written agreement under        
subsection 7c71 including the provision 
by the ,state of financial resources to 
carry out the written agreement4  7i7   
,report to ,congress ,the ,secretary or 
the ,council shall submit to ,congress  
an annual report that describes the     
administration of the program during the

 preceding calendar year4  7j7          
,termination  7#a7 ,termination by      
agency ,the applicable agency head may  
terminate the participation of a ,state 
in the program if-- 7,a7 the agency head
 determines that the ,state is not      
adequately carrying out the             
responsibilities assigned to the ,state 
pursuant to this section2  7,b7 the     
agency head provides to the ,state-- 7i7
 a notification of the determination of 
noncompliance2  7ii7 a period of not    
less than #abj days to take such        
corrective action as the agency head    
determines to be necessary to comply    
with the applicable agreement2 and      
7iii7 on request of the ,governor of the
 ,state1 a detailed description of each 
responsibility in need of corrective    
action regarding an inadequacy          
identified under subparagraph 7,a72 and 
7,c7 the ,state1 after the notification 
and period for corrective action        
provided under subparagraph 7,b71 fails 
to take satisfactory corrective action1 

as determined by the agency head4  7#b7 
,termination by ,state ,the ,state may  
terminate the participation of the      
,state in the program at any time by    
providing to the applicable agency head 
a notice1 by not later than the date    
that is #ij days before the date of     
termination1 subject to such terms and  
conditions as the agency head may       
provide4  7k7 ,capacity building ,the   
,council1 in cooperation with           
representatives of ,state officials1 may
 carry out education1 training1         
peer-exchange1 and other initiatives as 
appropriate-- 7#a7 to assist ,states in 
developing the capacity to participate  
in the program2 and  7#b7 to promote    
information sharing and collaboration   
among ,states that are participating in 
the program4  7l7 ,relationship to      
locally administered projects ,a ,state 
granted authority under this section    
may1 as appropriate and on the request  
of a local government-- 7#a7 exercise   
that authority on behalf of the local   

government for a locally administered   
project2 or  7#b7 provide guidance and  
training regarding consolidating and    
minimizing the documentation and        
environmental analyses necessary for    
sponsors of a locally administered      
project to comply with-- 7,a7 section   
#cjfajh2 and  7,b7 any comparable       
requirements under ,state law4  4  7b7  
,technical amendment ,the table of      
sections for chapter #cjfa of title #ed1
 ,united ,states ,code1 is amended by   
inserting after the item relating to    
section #cjfaad the following3  #cjfaae4
 ,assumption by ,states of certain      
responsibilities relating to highway    
projects4  4