,,ii #aafth ,,congress #ast ,session ,s4 #aeah ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,may #af1 #bjai,mr4 ,sullivan 7for himself1 ,mr4 ,cornyn1 ,mrs4 ,capito1 and ,mrs4 ,fischer7 introduced the following bill2 which was read twice and referred to the ,committee on ,environment and ,public ,works ,a ,,bill ,to improve the processes by which environmental documents are prepared and permits and applications are processed and regulated by ,federal departments and agencies1 and for other purposes4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,rebuild ,america ,now ,act4 7b7 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4,,title ,i--,environmental and project review modernization,sec4 #aja4 ,expansion of ,state responsibility for categorical exclusions4,sec4 #ajb4 ,national ,environmental ,policy ,act of #aifi reform4,sec4 #ajc4 ,designation of categorical exclusions for emergency projects and structurally deficient infrastructure4,sec4 #ajd4 ,categorical exclusion for projects of limited ,federal assistance4,sec4 #aje4 ,simplifying environmental documents4,sec4 #ajf4 ,permittee bill of rights4,sec4 #ajg4 ,policy review under ,clean ,air ,act4,,title ,,ii--,judicial provisions,sec4 #bja4 ,deadline for filing energy-related causes of action4,sec4 #bjb4 ,limiting sue and settle practices4,,title ,,iii--,natural gas pipeline permitting efficiency,sec4 #cja4 ,regulatory approval of natural gas pipeline projects4,sec4 #cjb4 ,rights-of-way for public utilities4,,title ,,iv--,transportation conformity reform,sec4 #dja4 ,limitations on certain ,federal assistance under ,clean ,air ,act4,sec4 #djb4 ,study on transportation air quality conformity under ,clean ,air ,act4,,title ,v--,increasing ,state authority and collaboration in reviewing transportation projects,sec4 #eja4 ,federal-,state project agreements4,sec4 #ejb4 ,project approval and oversight for high risk projects4,sec4 #ejc4 ,advance acquisition of real property4,sec4 #ejd4 ,agreements relating to use of1 and access to1 rights-of-way on ,interstate ,system4 ,i ,environmental and project review modernization #aja4 ,expansion of ,state responsibility for categorical exclusions ,section #cbf of title #bc1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7a7-- 7,a7 in paragraph 7#a71 by striking certain designated activities are included within classes of action identified in regulation by the ,secretary that are and inserting any activity is included within a class of action identified in a regulation by the ,secretary that is2 and 7,b7 in paragraph 7#b71 by striking and only for types of activities specifically designated by the ,secretary2 and 7#b7 in subsection 7b77#a71 by inserting 7including the responsibility for making conformity determinations under the ,clean ,air ,act 7#db ,u4,s4,c4 #gdja et seq477 after categorical exclusions4 #ajb4 ,national ,environmental ,policy ,act of #aifi reform 7a7 ,in general ,the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq47 is amended by adding at the end the following3 ,,iii ,interagency coordination relating to permitting #cja4 ,interagency coordination relating to permitting 7a7 ,preparation of environmental documents ,an agency or other entity seeking approval of1 or otherwise responsible for carrying out1 a project 7referred to in this section as the project sponsor71 may prepare an environmental impact statement or environmental assessment for the purpose of an environmental review in support of the project for approval by the lead agency of the project if1 before the project sponsor takes any action or seeks any approval based on the environmental document1 the lead agency-- 7#a7 provides oversight in the preparation of the environmental impact statement or environmental assessment2 7#b7 independently evaluates the environmental impact statement or environmental assessment2 and 7#c7 approves1 within a reasonable time1 and adopts the environmental impact statement or environmental assessment4 7b7 ,adoption and use of environmental documents 7#a7 ,environmental impact statements and assessments 7,a7 ,in general ,except as provided in subparagraph 7,b71 the lead agency shall not prepare more than #a environmental impact statement and #a environmental assessment under this ,act for a project4 7,b7 ,exceptions ,the limitation in subparagraph 7,a7 shall not apply to-- 7i7 a supplemental environmental document2 or 7ii7 an environmental impact statement or environmental assessment prepared pursuant to a court order4 7,c7 ,record of decision 7i7 ,in general ,except as provided in clause 7ii71 after the date on which the lead agency issues a record of decision for a project1 the head of a ,federal agency responsible for approving the project shall not rely on any environmental impact statement or environmental assessment prepared before that date4 7ii7 ,environmental document of lead agency ,notwithstanding clause 7i71 the head of a ,federal agency may rely on an environmental impact statement or environmental assessment prepared by the lead agency after the date on which the lead agency issues a record of decision for the project4 7,d7 ,impact analysis ,on request by a project sponsor1 a lead agency may adopt1 use1 or rely on a secondary or cumulative impact analysis that is included in any environmental impact statement or environmental assessment for a project located in the geographical area that is the subject of the secondary or cumulative impact analysis1 if the secondary or cumulative impact analysis provides information that is applicable to the project4 7#b7 ,state environmental documents 7,a7 ,adoption 7i7 ,in general ,on request by a project sponsor and subject to clause 7ii71 a lead agency may adopt as the environmental impact statement or environmental assessment for a project an environmental document prepared under ,state law1 if the ,state law provides environmental protection and an opportunity for public involvement that is substantially similar to the environmental protection and opportunity for public involvement under this ,act4 7ii7 ,supplemental documents 7,i7 ,in general ,a lead agency shall prepare and publish a supplement to an environmental document referred to in clause 7i7 before adopting the ,state environmental document if the lead agency determines that-- 7aa7 a significant change has been made to the project that is relevant for purposes of the environmental review by the lead agency2 or 7bb7 there have been significant changes in circumstances or availability of information relevant to that environmental review4 7,,ii7 ,period of comment ,for any supplemental document prepared and published under subclause 7,i71 the lead agency may solicit comments from agencies and the public for a period of not more than #de days beginning on the date of the publication4 7,b7 ,obligation of lead agency ,the adoption of an environmental document by a lead agency under subparagraph 7,a77i7 satisfies the obligation of the lead agency to prepare an environmental impact statement or environmental assessment under this ,act4 7,c7 ,record of decision ,with respect to a project1 the lead agency shall issue a record of decision or finding of no significant impact1 as appropriate1 based on-- 7i7 the environmental document adopted under subparagraph 7,a77i72 and 7ii7 any supplemental document prepared under subparagraph 7,a77ii74 7#c7 ,contemporaneous projects ,the lead agency may adopt for a project an environmental impact statement or environmental assessment that resulted from an environmental review carried out for a similar project in geographical proximity to the project1 if the lead agency-- 7,a7 determines that-- 7i7 there is a reasonable likelihood that the project will have a similar environmental impact as the similar project2 and 7ii7 during the #e-year period ending on the date on which the lead agency makes the determination1 the similar project was subject to environmental review or similar ,state procedures2 and 7,b7 adopts the environmental impact statement or environmental assessment in accordance with paragraph 7#b77;,a74 7c7 ,cooperating agencies 7#a7 ,in general ,the lead agency of a project shall-- 7,a7 be responsible for designating or inviting1 as applicable1 cooperating agencies 7within the meaning of section #aeja4f of title #dj1 ,code of ,federal ,regulations 7as in effect on the date of enactment of this section77 in accordance with this subsection2 and 7,b7 provide to the head of each cooperating agency a notice of the designation or invitation in writing4 7#b7 ,federal cooperating agencies 7,a7 ,in general ,except as provided in subparagraph 7,c71 any ,federal agency that is required to adopt the environmental impact statement or environmental assessment of the lead agency for a project shall-- 7i7 be designated as a cooperating agency2 and 7ii7 collaborate on the preparation of the environmental impact statement or environmental assessment4 7,b7 ,notification ,the lead agency shall provide to the head of a ,federal agency described in subparagraph 7,a7 a written notice of designation under paragraph 7#a7 that specifies a date by which the head of the ,federal agency shall respond4 7,c7 ,exception ,notwithstanding subparagraph 7,a71 the head of a ,federal agency may decline designation as a cooperation agency if1 not later than the date specified by the lead agency under subparagraph 7,b71 the head of the ,federal agency informs the lead agency in writing that the ,federal agency-- 7i7 has no jurisdiction or authority with respect to the project2 7ii7 has no expertise or information relevant to the project2 and 7iii7 does not intend to submit comments on the project4 7#c7 ,other cooperating agencies 7,a7 ,in general ,the lead agency shall identify1 as early as practicable in the environmental review for a project1 any official or agency other than an agency described in paragraph 7#b7 that may have an interest in the project1 including-- 7i7 the ,governor of an affected ,state2 and 7ii7 a local or tribal government4 7,b7 ,invitation 7i7 ,in general ,the lead agency shall provide a written invitation to any agency or official identified under subparagraph 7,a7 to become a cooperating agency in the environmental review for the project4 7ii7 ,deadline required 7,i7 ,in general ,the invitation described in clause 7i7 shall include a deadline1 not to exceed #cj days after the date on which the invitation is received1 by which the invited agency or official shall accept or decline the invitation4 7,,ii7 ,extension ,the lead agency may extend the deadline under subclause 7,i7 only for good cause shown4 7,c7 ,failure to respond ,an agency or official that fails to respond to an invitation under subparagraph 7,b77i7 before the deadline under subparagraph 7,b77ii7 shall be considered to have declined the invitation for designation4 7,d7 ,designation ,the lead agency shall designate as a cooperating agency any agency or official that accepts an invitation under subparagraph 7,b74 7#d7 ,effect of declining cooperating agency invitation ,an agency or official that declines a designation or invitation by the lead agency to be a cooperating agency for a project shall be precluded from-- 7,a7 submitting comments on any environmental impact statement or environmental assessment prepared for the project2 and 7,b7 taking any action to oppose1 based on the environmental review1 any permit1 license1 or approval relating to the project4 7#e7 ,effect of designation ,designation as a cooperating agency under this subsection does not imply that the cooperating agency-- 7,a7 supports a proposed project2 or 7,b7 has jurisdiction over1 or special expertise with respect to evaluation of1 the project4 7#f7 ,concurrent reviews ,the head of each ,federal agency designated as a cooperating agency shall-- 7,a7 carry out the obligations of the ,federal agency under other applicable law concurrently and in conjunction with the environmental review required for the applicable project under this ,act2 and 7,b7 in accordance with the rules promulgated by the ,council on ,environmental ,quality pursuant to section #ajb7;b77#a7 of the ,rebuild ,america ,now ,act1 develop and carry out such rules1 policies1 and procedures as may be reasonably necessary to enable the ,federal agency to ensure completion of the environmental review and environmental decisionmaking process in a timely1 coordinated1 and environmentally responsible manner4 7#g7 ,cooperating agency comments 7,a7 ,in general ,in providing comments on a project1 a cooperating agency-- 7i7 shall not provide comments on a subject matter that does not relate to the expertise and statutory authority of the cooperating agency1 as expressly delegated by ,congress2 and 7ii7 shall identify in the comments of the cooperating agency the legal authority of the cooperating agency relating to the subject matter of the comments4 7,b7 ,lead agency ,a lead agency shall not carry out any action in response to1 or include in any document prepared under this ,act1 any comment submitted by a cooperating agency that relates to a subject matter outside the expertise and authority of the cooperating agency4 7d7 ,initiation of environmental review ,not later than #de days after the date on which a lead agency receives an application for a project from a project sponsor1 the lead agency shall initiate an environmental review of the project4 7e7 ,alternatives analysis 7#a7 ,participation of cooperating agencies ,as early as practicable during the environmental review1 but not later than the period during which the preparation of an environmental impact statement is required1 the lead agency shall provide an opportunity to the cooperating agencies to participate in determining the range of alternatives to be considered for a project4 7#b7 ,range of alternatives 7,a7 ,in general ,subject to subparagraphs 7,b7 and 7,c71 after completion of the participation of the cooperating agencies described in paragraph 7#a71 the lead agency shall determine the range of alternatives for consideration in the environmental impact statement or environmental assessment for the project4 7,b7 ,no evaluation of certain alternatives ,the head of a ,federal agency shall not evaluate an alternative that-- 7i7 was identified during the participation period described in paragraph 7#a72 and 7ii7 7,i7 was not accepted by the lead agency under subparagraph 7,a7 for detailed evaluation in an environmental impact statement or environmental assessment2 or 7,,ii7 7aa7 was evaluated by the lead agency2 and 7bb7 was not selected for any environmental impact statement or environmental assessment for the project4 7,c7 ,only feasible alternatives evaluated ,in the case of a project that is constructed1 managed1 funded1 or carried out by a project sponsor that is not a ,federal agency1 the head of a ,federal agency shall only evaluate an alternative that1 consistent with the purpose of1 and the need for1 the project-- 7i7 the project sponsor may feasibly carry out2 and 7ii7 is technically and economically feasible1 as determined by the head of the ,federal agency4 7#c7 ,methodologies 7,a7 ,in general ,with respect to an alternative for a project1 the lead agency shall1 in collaboration with cooperating agencies at an appropriate time during the environmental review for the project1 determine the methodologies to be used in1 and the level of detail required for1 the review4 7,b7 ,description required ,the lead agency shall include in the environmental impact statement or environmental assessment for a project a description of-- 7i7 the methodologies used in preparing the environmental impact statement or environmental assessment2 and 7ii7 the means by which the methodologies were selected4 7,c7 ,no evaluation of inappropriate alternatives ,in preparing an environmental impact statement or environmental assessment1 a lead agency may omit from the environmental document a detailed evaluation of an alternative determined by the lead agency not to meet the purpose of1 and need for1 the project4 7#d7 ,employment analysis ,the evaluation of each alternative in an environmental impact statement or environmental assessment shall identify the potential effects of the alternative on employment1 including-- 7,a7 potential short-term and long-term employment increases and reductions2 and 7,b7 shifts in employment4 7f7 ,coordination plan and scheduling 7#a7 ,in general ,to facilitate the expeditious resolution of an environmental review1 the lead agency shall establish and implement a coordination plan for public and agency participation in1 and comment on1 the environmental review for a project or category of projects4 7#b7 ,schedule 7,a7 ,in general ,in developing the coordination plan described in paragraph 7#a71 the lead agency shall consult with each cooperating agency and the project sponsor to develop a schedule for the completion of the environmental review that-- 7i7 considers factors such as-- 7,i7 the responsibilities of the cooperating agencies under applicable law2 7,,ii7 the resources available to the cooperating agencies2 7,,iii7 the overall size and complexity of the project2 7,,iv7 the overall schedule for and cost of the project2 7,v7 the sensitivity of the natural and historical resources that may be affected by the project2 and 7,,vi7 the extent to which similar projects in geographical proximity to the project were recently subject to environmental review or similar ,state procedures2 and 7ii7 includes the deadlines1 consistent with subsection 7g71 for decisions under ,federal law relating to the project1 including decisions on the issuance or denial of a permit or license4 7,b7 ,compliance with schedule 7i7 ,in general ,each cooperating agency shall comply with-- 7,i7 the deadlines established in the schedule under subparagraph 7,a72 and 7,,ii7 in the case of a modification to the schedule under paragraph 7#d71 any modified deadline4 7ii7 ,effect of noncompliance ,the lead agency shall disregard1 and shall not respond to or include in any environmental impact statement or environmental assessment1 any comment or information submitted or any finding made by a cooperating agency that is not in accordance with the deadline established in the schedule under subparagraph 7,a7 or a modified deadline under paragraph 7#d74 7iii7 ,failure to object ,if a cooperating agency fails to object in writing to a lead agency decision1 finding1 or request for concurrence in accordance with the deadline established under law or by the lead agency1 the cooperating agency shall be considered to have concurred in the decision1 finding1 or request4 7#c7 ,consistency with other deadlines ,a schedule under paragraph 7#b7 shall be consistent with any other relevant deadline under ,federal law4 7#d7 ,modification of schedule ,with respect to a schedule under paragraph 7#b71 the lead agency may-- 7,a7 extend the schedule for good cause2 and 7,b7 shorten the schedule only with the concurrence of each cooperating agency4 7#e7 ,dissemination ,with respect to a schedule under paragraph 7#b71 the lead agency shall-- 7,a7 not later than #ae days after the date of completion or modification of schedule1 provide a copy of the schedule and any modification to each cooperating agency and the project sponsor2 and 7,b7 make a copy of the schedule available to the public4 7#f7 ,role and responsibility of lead agency ,with respect to the environmental review for a project1 the lead agency may take such actions as are necessary1 within the authority of the lead agency1 to facilitate the expeditious resolution of the environmental review4 7g7 ,deadlines 7#a7 ,in general ,the deadlines described in this subsection shall apply to any project subject to review under this ,act and any decision under ,federal law relating to the project1 including the issuance or denial of a permit or license or any required finding4 7#b7 ,environmental reviews 7,a7 ,environmental impact statement projects ,the lead agency shall-- 7i7 for a project that requires an environmental impact statement under ,federal law 7including regulations71 issue the environmental impact statement by not later than #b years after the earlier of-- 7,i7 the date on which the lead agency receives an application for the project from a project sponsor2 and 7,,ii7 the date on which a notice of intent to prepare an environmental impact statement is published in the ,federal ,register2 and 7ii7 for a project for which the lead agency prepared an environmental assessment1 and determined pursuant to that environmental assessment that an environmental impact statement is required1 issue the environmental impact statement by not later than #b years after the date of publication of the notice of intent to prepare an environmental impact statement in the ,federal ,register4 7,b7 ,environmental assessment projects ,for a project that requires an environmental assessment1 the lead agency shall issue a finding of no significant impact or publish a notice of intent to prepare an environmental impact statement in the ,federal ,register by not later than #a year after the earliest of-- 7i7 the date on which the lead agency receives the project initiation request2 7ii7 the date on which the lead agency makes a decision to prepare an environmental assessment2 and 7iii7 the date on which the lead agency sends out cooperating agency invitations4 7,c7 ,extensions 7i7 ,requirements ,subject to clause 7ii71 the lead agency may extend a deadline under subparagraph 7,a7 or 7,b7 only-- 7,i7 if the lead agency1 project sponsor1 and each cooperating agency agree on a different deadline2 or 7,,ii7 for good cause4 7ii7 ,limitation ,the lead agency shall not extend a deadline under subparagraph 7,a7 or 7,b7-- 7,i7 in the case of a project that requires an environmental impact statement1 by more than #a year2 and 7,,ii7 in the case of a project that requires an environmental assessment1 by more than #ahj days4 7#c7 ,environmental review comments ,the lead agency shall establish for each environmental impact statement and environmental assessment a comment period of not more than #cj days after the date on which the environmental impact statement or environmental assessment is made publicly available1 unless-- 7,a7 the lead agency1 project sponsor1 and each cooperating agency agree on a different deadline2 or 7,b7 the lead agency extends the deadline for good cause4 7#d7 ,decisions prior to record of decision or finding of no significant impact ,notwithstanding any other provision of law1 in the case of a project for which a ,federal agency is required to approve or otherwise to take an action relating to a permit1 license1 or other similar application before the lead agency may issue a record of decision or finding of no significant impact1 the head of the ,federal agency shall approve or take the applicable action by not later than the earlier of-- 7,a7 the end of the #ij-;day period beginning on the date on which-- 7i7 all other relevant ,federal agency reviews relating to the project are complete2 and 7ii7 the lead agency publishes a notice of the availability of the final environmental impact statement or issuance of other final environmental documents2 and 7,b7 the date that is otherwise required by law4 7#e7 ,other decisions 7,a7 ,in general ,except as provided in subparagraph 7,b71 with respect to any approval or other action of a ,federal agency relating to a project that is not subject to paragraph 7#d71 each ,federal agency shall make the approval or carry out the action by not later than the end of the #ahj-;day period beginning on the date on which-- 7i7 all other relevant agency reviews relating to the project are complete2 and 7ii7 the lead agency issues a record of decision or finding of no significant impact4 7,b7 ,extension 7i7 ,in general ,subject to clause 7ii71 the head of a ,federal agency may extend the deadline referred to in subparagraph 7,a7 for good cause1 if the head of the ,federal agency1 the lead agency1 and the project sponsor agree to extend the deadline4 7ii7 ,limitation ,the head of a ,federal agency shall not extend a deadline under clause 7i7 for a period longer than #a year after the date on which the lead agency issues the record of decision or finding of no significant impact4 7#f7 ,effect of noncompliance 7,a7 ,in general ,a permit1 license1 or other similar application for approval relating to a project that requires the approval or other action by a ,federal agency shall be considered to be approved by the ,federal agency if the head of the ,federal agency fails to approve or otherwise take an action relating to the permit1 license1 or other similar application by the deadline described in paragraph 7#d7 or 7#e74 7,b7 ,deadline for compliance ,the head of the ,federal agency shall act in accordance with the approval under subparagraph 7,a7 by not later than #cj days after the applicable deadline described in paragraph 7#d7 or 7#e74 7,c7 ,final agency action 7i7 ,in general ,an approval under subparagraph 7,a7 shall be considered to be a final agency action1 which may not be reversed by any agency4 7ii7 ,review ,in any action under chapter #g of title #e1 ,united ,states ,code1 that seeks review of a final agency action under clause 7i71 a court may not set aside the action based on the action having been made final under that clause4 7h7 ,issue identification and resolution 7#a7 ,cooperation ,the lead agency and the cooperating agencies shall work in accordance with this subsection to identify and resolve any issue that may delay the completion of an environmental review or result in the denial of an approval required for the project under applicable law4 7#b7 ,lead agency responsibilities ,as early as practicable during the environmental review process1 the lead agency shall make available information 7including information based on existing data sources1 including geographic information systems7 relating to the environmental1 historic1 and socioeconomic resources located in the project area and the general location of any alternative under consideration4 7#c7 ,cooperating agency responsibilities ,based on information received from the lead agency1 a cooperating agency shall identify1 as early as practicable1 any issue of concern relating to the potential environmental1 historical1 or socioeconomic impact of a project1 including any issue that may substantially delay or prevent an agency from granting a permit or other approval required for the project4 7#d7 ,issue resolution 7,a7 ,meeting of cooperating agencies ,to resolve any issue that may delay the completion of an environmental review or result in the denial of an approval required for a project under applicable law1 the lead agency shall promptly convene a meeting with the relevant cooperating agency and the project sponsor on request by a project sponsor at any time4 7,b7 ,notice that resolution cannot be achieved ,if a resolution to an issue identified under paragraph 7#a7 cannot be achieved by the date that is #cj days after the date on which a meeting is convened under subparagraph 7,a71 and the lead agency determines that all information necessary to resolve the issue has been obtained1 the lead agency shall-- 7i7 notify-- 7,i7 each cooperating agency2 7,,ii7 the project sponsor2 and 7,,iii7 the ,council on ,environmental ,quality established by section #bjb for further proceedings in accordance with section #bjd2 and 7ii7 publish in the ,federal ,register a notice relating to the failure to achieve a resolution4 7i7 ,merging documents 7#a7 ,in general ,notwithstanding any other provision of law1 except as provided in paragraph 7#b71 the lead agency of a project shall expeditiously develop a single document that consists of-- 7,a7 a final environmental impact statement relating to the project2 7,b7 each record of decision relating to the project2 and 7,c7 the final decision of the ,secretary of the ,army with respect to the environmental review carried out by the ,secretary1 acting through the ,chief of ,engineers1 relating to an application for a permit for the project under section #djd of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #acdd74 7#b7 ,exceptions ,paragraph 7#a7 shall not apply in any case in which-- 7,a7 the final environmental impact statement relating to the project makes a substantial change relating to an environmental or safety concern to a proposed action under the project2 or 7,b7 there exists a significant new circumstance or information relating to an environmental concern that affects such a proposed action or the impacts of the proposed action4 7j7 ,limitations on claims 7#a7 ,final agency actions 7,a7 ,in general ,the deadline for filing a claim for judicial review of a final agency action is the date that is #ahj days after the date of publication of a notice in the ,federal ,register announcing the record of decision for the action4 7,b7 ,new information ,a claim challenging a final agency action on the basis of information contained in a supplemental environmental impact statement shall be limited to a challenge on the basis of that information4 7#b7 ,rule of construction ,nothing in this subsection creates a right to judicial review or places any limit on filing a claim that a person has violated the terms of a permit1 license1 or approval issued by a ,federal agency for an action subject to this ,act4 7k7 ,categories of projects ,the authority granted under this title may be exercised for-- 7#a7 any single project2 or 7#b7 any category of #b or more projects related by project type1 potential environmental impact1 geographical location1 or other similar project feature or characteristic4 7l7 ,effective date 7#a7 ,in general ,this title applies only to an environmental review or environmental decisionmaking process initiated after the date of enactment of this title4 7#b7 ,applicability of deadlines 7,a7 ,in general ,except as provided in subparagraph 7,b71 in the case of a project for which an environmental review or environmental decisionmaking process is initiated before the date of enactment of this title1 subsection 7g7 shall apply4 7,b7 ,exception ,notwithstanding any other provision of this section1 in determining a deadline under subsection 7g71 any applicable period of time shall be calculated as beginning on the date of enactment of this title4 7m7 ,applicability ,except as provided in subsection 7n71 this title applies to each project for which a ,federal agency is required to carry out an environmental review or environmental decisionmaking process4 7n7 ,savings clause ,nothing in this section supersedes1 amends1 or modifies-- 7#a7 section #acd1 #ace1 #aci1 #cbe1 #cbf1 or #cbg of title #bc1 ,united ,states ,code2 7#b7 section #ecjc or #ecjd of title #di1 ,united ,states ,code2 or 7#c7 subtitle ,c of title ,i of division ,a of the ,moving ,ahead for ,progress in the #bast ,century ,act 7,public ,law #aab-ada2 #abf ,stat4 #ebg7 7or any amendment made by that subtitle74 4 7b7 ,regulations 7#a7 ,council on ,environmental ,quality ,not later than #ahj days after the date of enactment of this ,act1 the ,council on ,environmental ,quality established by section #bjb of the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcdb7 shall-- 7,a7 amend the regulations contained in chapter ,v of title #dj1 ,code of ,federal ,regulations 7or successor regulations71 to implement this section and the amendments made by this section2 and 7,b7 by rule1 designate each ,state with laws and procedures that satisfy the criteria under section #cja7;b77#b77;,a7 of the ,national ,environmental ,policy ,act of #aifi 7as added by subsection 7a774 7#b7 ,federal agencies ,not later than #abj days after the date on which the ,council on ,environmental ,quality amends the regulations described in paragraph 7#a77;,a71 the head of each ,federal agency that has promulgated regulations implementing the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq47 shall amend the regulations to implement this section and the amendments made by this section4 7c7 ,limitations on claims under ,,fast ,act ,section #dajjg7;a7 of the ,,fast ,act 7#db ,u4,s4,c4 #dcgjm-#f7;a77 is amended-- 7#a7 in paragraph 7#a77;,a71 by striking #b years and inserting #ahj days2 and 7#b7 in paragraph 7#b77;,b71 by striking #b years and inserting #ahj days4 #ajc4 ,designation of categorical exclusions for emergency projects and structurally deficient infrastructure 7a7 ,in general ,not later than #ahj days after the date of enactment of this ,act1 the ,secretary of ,transportation shall-- 7#a7 consult with the ,administrator of the ,federal ,emergency ,management ,agency and the ,secretary of the ,army to identify communities that are imminently threatened from flooding or erosion2 and 7#b7 designate as an action categorically excluded from the requirements relating to environmental assessments or environmental impact statements for purposes of section #gga4aag7;c7 of title #bc1 ,code of ,federal ,regulations 7or successor regulations71 and section #aejh4d of title #dj1 ,code of ,federal ,regulations 7or successor regulations71 any project-- 7,a7 that is critical to the immediate safety of a threatened community identified under paragraph 7#a72 or 7,b7 for the maintenance1 repair1 reconstruction1 restoration1 retrofitting1 or replacement of an existing road1 highway1 bridge1 tunnel1 or other transit facility 7such as a ferry dock or bus transfer station71 including ancillary transportation facilities 7such as pedestrian and bicycle paths and bike lanes71 if the project is to be completed in the same location1 and with the same preexisting design1 as the existing structure4 7b7 ,regulations ,the ,secretary of ,transportation shall promulgate such regulations as are necessary to carry out subsection 7a7 by not later than #aej days after the date of enactment of this ,act4 #ajd4 ,categorical exclusion for projects of limited ,federal assistance ,section #acag7a7 of the ,,map-#ba 7#bc ,u4,s4,c4 #aji note2 ,public ,law #aab-ada7 is amended-- 7#a7 in subparagraph 7,a71 by striking #e1jjj1jjj and inserting #aj1jjj1jjj2 and 7#b7 in subparagraph 7,b71 by striking #ae percent and inserting #af percent4 #aje4 ,simplifying environmental documents 7a7 ,statement of policy ,it is the policy of the ,united ,states that the purpose of requiring an environmental document relating to a project is only to ensure that the process of considering the effects of the project takes place before the occurrence of any significant ,federal action to carry out the project4 7b7 ,page limits 7#a7 ,in general ,to facilitate public transparency and understanding of environmental documentation1 an environmental document-- 7,a7 shall-- 7i7 be sufficient to provide a reasonable consideration of the potential environmental effects and alternatives of a proposed project2 and 7ii7 reflect a thorough examination of the potential impacts of the project2 but 7,b7 shall not exceed #cjj pages without substantial justification4 7#b7 ,notice and comment requirements 7,a7 ,in general ,an agency may exceed the #cjj-page limit under paragraph 7#a77;,b7 if the agency provides to proponents of the applicable project a notice1 and a period of not less than #cj days for comment1 regarding the proposed exceedance4 7,b7 ,eligibility to comment ,the opportunity to comment under subparagraph 7,a7 shall not be provided to any individual or entity other than a proponent of the applicable project4 #ajf4 ,permittee bill of rights ,section #aja of the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcca7 is amended by adding at the end the following3 7d7 ,permittee bill of rights 7#a7 ,statement of policy ,it is the policy of the ,united ,states-- 7,a7 to use natural resources in a responsible manner to maximize value and utility1 while protecting public health and welfare2 and 7,b7 that1 therefore1 in implementing a ,federal permitting law1 a ,federal agency should1 to the maximum extent practicable1 seek to issue permit decisions favorably4 7#b7 ,definition of ,federal permitting law ,in this subsection3 7,a7 ,in general ,the term ,federal permitting law means any provision of ,federal law pursuant to which a ,federal agency may issue a permit4 7,b7 ,inclusions ,the term ,federal permitting law includes-- 7i7 the ,toxic ,substances ,control ,act 7#ae ,u4,s4,c4 #bfja et seq472 7ii7 the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeca et seq472 7iii7 the ,surface ,mining ,control and ,reclamation ,act of #aigg 7#cj ,u4,s4,c4 #abja et seq472 7iv7 the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #abea et seq472 7v7 the ,safe ,drinking ,water ,act 7#db ,u4,s4,c4 #cjj;f et seq472 7vi7 the ,atomic ,energy ,act of #aied 7#db ,u4,s4,c4 #bjaa et seq472 7vii7 the ,solid ,waste ,disposal ,act 7#db ,u4,s4,c4 #fija et seq472 7viii7 the ,clean ,air ,act 7#db ,u4,s4,c4 #gdja et seq472 and 7ix7 the ,outer ,continental ,shelf ,lands ,act 7#dc ,u4,s4,c4 #acca et seq474 7#c7 ,applicant and permittee rights ,in any communication between a permittee or an applicant for a permit and a ,federal agency relating to a determination of the agency pursuant to a ,federal permitting law1 the following shall apply3 7,a7 ,any decision relating to the applicable permit or application shall be issued-- 7i7 within the applicable deadline2 or 7ii7 at such other reasonable time as may be agreed to by the permittee or applicant and the ,federal agency4 7,b7 ,each permittee and permit applicant shall have the right-- 7i7 to assistance and prompt response in seeking from the ,federal agency information regarding the regulatory and permit process2 7ii7 to request and receive-- 7,i7 a clear projected schedule of fees for the review and completion of the permit process2 and 7,,ii7 a clear1 concise statement of the reasoning for a determination by the agency to reject a permit application2 7iii7 to know the exact deficiencies in a rejected application2 and 7iv7 to a transparent and unbiased decision based on the submitted application and applicable ,federal permitting law and regulatory requirements4 4 #ajg4 ,policy review under ,clean ,air ,act ,section #cji7;a7 of the ,clean ,air ,act 7#db ,u4,s4,c4 #gfji7;a77 is amended by striking any 7#a7 legislation proposed by any ,federal department or agency1 7#b7 newly authorized ,federal projects for construction and any major ,federal agency action 7other than a project for construction7 to which section #ajb7b77;,c7 of ,public ,law #ia-aij applies1 and 7#c7 proposed regulations and inserting any legislation proposed by a ,federal department or agency or proposed regulations4 ,,ii ,judicial provisions #bja4 ,deadline for filing energy-related causes of action 7a7 ,definitions ,in this section3 7#a7 ,agency action ,the term agency action has the meaning given the term in section #eea of title #e1 ,united ,states ,code4 7#b7 ,energy-related cause of action ,the term energy-related cause of action means a cause of action that-- 7,a7 is filed on or after the date of enactment of this ,act2 and 7,b7 seeks judicial review of a final agency action to issue a permit1 license1 or other form of agency permission allowing-- 7i7 an individual or entity to conduct on ,indian land or public land activities involving the exploration1 development1 production1 or transportation of oil1 gas1 coal1 shale gas1 oil shale1 geothermal resources1 wind or solar resources1 underground coal gasification1 biomass1 or the generation of electricity2 or 7ii7 an ,indian tribe1 or any organization of #b or more entities at least #a of which is an ,indian tribe1 to conduct activities involving the exploration1 development1 production1 or transportation of oil1 gas1 coal1 shale gas1 oil shale1 geothermal resources1 wind or solar resources1 underground coal gasification1 biomass1 or the generation of electricity1 regardless of the location at which those activities are carried out4 7#c7 ,indian land 7,a7 ,in general ,the term ,indian land has the meaning given the term in section #bfja of the ,energy ,policy ,act of #aiib 7#be ,u4,s4,c4 #ceja74 7,b7 ,inclusion ,the term ,indian land includes land owned by a ,native ,corporation under the ,alaska ,native ,claims ,settlement ,act 7#dc ,u4,s4,c4 #afja et seq474 7#d7 ,public land ,the term public land has the meaning given the term public lands in section #ajc of the ,federal ,land ,policy and ,management ,act of #aigf 7#dc ,u4,s4,c4 #agjb74 7b7 ,deadline for filing 7#a7 ,in general ,an energy-related cause of action shall be filed by not later than #fj days after the date of publication of the applicable final agency action4 7#b7 ,prohibition ,an energy-related cause of action that is not filed within the time period described in paragraph 7#a7 shall be barred4 7c7 ,district court venue and deadline ,an energy-related cause of action shall be-- 7#a7 brought in the ,united ,states ,district ,court for the ,district of ,columbia ,circuit2 and 7#b7 resolved-- 7,a7 as expeditiously as practicable2 and 7,b7 in any event1 not later than the date that is #ahj days after the date on which the energy-related cause of action is filed4 7d7 ,appellate review 7#a7 ,in general ,an interlocutory order or final judgment1 decree1 or order of the district court in an energy-related cause of action may be reviewed by the ,united ,states ,court of ,appeals for the ,district of ,columbia ,circuit4 7#b7 ,requirement ,the ,united ,states ,court of ,appeals for the ,district of ,columbia shall resolve an appeal of an energy-related cause of action-- 7,a7 as expeditiously as practicable2 and 7,b7 in any event1 not later than the date that is #ahj days after the date on which the applicable interlocutory order or final judgment1 decree1 or order of the district court was issued4 7e7 ,limitation on certain payments ,notwithstanding section #acjd of title #ca1 ,united ,states ,code1 no award may be made under section #ejd of title #e1 ,united ,states ,code1 or section #bdab of title #bh1 ,united ,states ,code1 and no amounts may be obligated or expended from the ,claims and ,judgment ,fund of the ,treasury to pay any fees or other expenses under those sections1 to any person or party in an energy-related cause of action4 7f7 ,legal fees 7#a7 ,definition of ultimately prevail ,in this subsection3 7,a7 ,in general ,the term ultimately prevail means a final1 enforceable judgment by a court of competent jurisdiction in favor of a party on at least #a energy-related cause of action that is an underlying rationale for the preliminary injunction1 administrative stay1 or other relief requested by the party4 7,b7 ,exclusion ,the term ultimately prevail does not include any situation in which the relevant final agency action is modified or amended by the issuing agency1 unless the modification or amendment is required pursuant to-- 7i7 a final1 enforceable judgment of the court2 or 7ii7 a court-ordered consent decree4 7#b7 ,award 7,a7 ,in general ,in any energy-related cause of action in which the plaintiff does not ultimately prevail1 the court shall award to the defendant 7including any intervenor-defendants71 other than the ,united ,states1 fees and other expenses incurred by that defendant in connection with the energy-related cause of action1 unless the court finds that-- 7i7 the position of the plaintiff was substantially justified1 in accordance with subparagraph 7,b72 or 7ii7 special circumstances make such an award unjust4 7,b7 ,substantially justified determination ,whether the position of the plaintiff was substantially justified for purposes of subparagraph 7,a77i7 shall be determined on the basis of the administrative record1 as a whole1 relating to the energy-related cause of action for which fees and other expenses are sought4 #bjb4 ,limiting sue and settle practices 7a7 ,definitions ,in this section3 7#a7 ,agency2 agency action ,the terms agency and agency action have the meanings given those terms under section #eea of title #e1 ,united ,states ,code4 7#b7 ,covered civil action ,the term covered civil action means a civil action-- 7,a7 seeking to compel agency action2 7,b7 alleging that the agency is unlawfully withholding or unreasonably delaying an agency action relating to a regulatory action that would affect the rights of-- 7i7 private persons other than the person bringing the action2 or 7ii7 a ,state1 local1 or tribal government2 and 7,c7 brought under-- 7i7 chapter #g of title #e1 ,united ,states ,code2 or 7ii7 any other statute authorizing such an action4 7#c7 ,covered consent decree ,the term covered consent decree means-- 7,a7 a consent decree entered into in a covered civil action2 and 7,b7 any other consent decree that requires agency action relating to a regulatory action that affects the rights of-- 7i7 private persons other than the person bringing the action2 or 7ii7 a ,state1 local1 or tribal government4 7#d7 ,covered consent decree or settlement agreement ,the term covered consent decree or settlement agreement means a covered consent decree and a covered settlement agreement4 7#e7 ,covered settlement agreement ,the term covered settlement agreement means-- 7,a7 a settlement agreement entered into in a covered civil action2 and 7,b7 any other settlement agreement that requires agency action relating to a regulatory action that affects the rights of-- 7i7 private persons other than the person bringing the action2 or 7ii7 a ,state1 local1 or tribal government4 7b7 ,consent decree and settlement reform 7#a7 ,pleadings and preliminary matters 7,a7 ,in general ,in any covered civil action1 the agency against which the covered civil action is brought shall publish the notice of intent to sue and the complaint in a readily accessible manner1 including by making the notice of intent to sue and the complaint available in the ,federal ,register or online not later than #ae days after receiving service of the notice of intent to sue or complaint1 respectively4 7,b7 ,entry of a covered consent decree or settlement agreement ,a party may not make a motion for entry of a covered consent decree or to dismiss a civil action pursuant to a covered settlement agreement until after the end of proceedings in accordance with subparagraph 7,a7 and paragraph 7#b77;,b77i74 7#b7 ,publication of and comment on covered consent decrees or settlement agreements 7,a7 ,in general ,not later than #fj days before the date on which a covered consent decree or settlement agreement is filed with a court1 the agency seeking to enter the covered consent decree or settlement agreement shall publish in the ,federal ,register and online the proposed covered consent decree or settlement agreement4 7,b7 ,public comment 7i7 ,in general ,an agency seeking to enter a covered consent decree or settlement agreement shall accept public comment during the period described in subparagraph 7,a7 on any issue relating to the matters alleged in the complaint in the applicable civil action or addressed or affected by the proposed covered consent decree or settlement agreement4 7ii7 ,submissions to court ,when moving that the court enter a proposed covered consent decree or settlement agreement or for dismissal pursuant to a proposed covered consent decree or settlement agreement1 an agency shall inform the court of the statutory basis for the proposed covered consent decree or settlement agreement and its terms4 7#c7 ,review by court 7,a7 ,in general ,a court shall review the statutory basis for the proposed covered consent decree or settlement agreement and its terms de novo4 7,b7 ,review of deadlines 7i7 ,proposed covered consent decrees ,for a proposed covered consent decree1 a court shall not approve the covered consent decree unless the proposed covered consent decree allows sufficient time and incorporates adequate procedures for the agency to comply with chapter #e of title #e1 ,united ,states ,code1 and other applicable statutes that govern rulemaking and1 unless contrary to the public interest1 the provisions of any ,executive order that governs rulemaking4 7ii7 ,proposed covered settlement agreements ,for a proposed covered settlement agreement1 a court shall ensure that the covered settlement agreement allows sufficient time and incorporates adequate procedures for the agency to comply with chapter #e of title #e1 ,united ,states ,code1 and other applicable statutes that govern rulemaking and1 unless contrary to the public interest1 the provisions of any ,executive order that governs rulemaking4 ,,iii ,natural gas pipeline permitting efficiency #cja4 ,regulatory approval of natural gas pipeline projects ,section #g of the ,natural ,gas ,act 7#ae ,u4,s4,c4 #gag;f7 is amended-- 7#a7 in subsection 7d7-- 7,a7 by striking 7d7 ,application for certificates and inserting the following3 7d7 ,application requirements 7#a7 ,in general ,an application for a certificate of public convenience and necessity under this section 2 and 7,b7 by adding at the end the following3 7#b7 ,use of aerial survey data to satisfy preliminary requirements ,a natural-gas company that submits to the ,commission an application for a certificate of public convenience and necessity under this section to construct an interstate natural gas pipeline-- 7,a7 with respect to any preliminary requirement for that certification1 may use aerial survey data to satisfy the preliminary requirement2 but 7,b7 with respect to each applicable nonpreliminary survey requirement for approval of the certification1 shall achieve compliance with the requirement through such other means as the ,commission may require4 2 and 7#b7 by adding at the end the following3 7i7 ,regulatory approval of natural gas pipeline projects 7#a7 ,definition of prefiled project ,in this subsection1 the term prefiled project means a project for the siting1 construction1 expansion1 or operation of a natural gas pipeline with respect to which a prefiling docket number has been assigned by the ,commission pursuant to a prefiling process established by the ,commission for the purpose of facilitating the formal application process for obtaining a certificate of public convenience and necessity4 7#b7 ,determination on applications ,the ,commission shall approve or deny an application for a certificate of public convenience and necessity for a prefiled project by not later than #a year after the date of receipt of a completed application that is ready to be processed1 as determined by the ,commission by regulation4 7#c7 ,other ,federal agencies 7,a7 ,in general ,except as provided in subparagraph 7,b71 the head of the ,federal department or agency responsible for issuing any license1 permit1 or other approval required under ,federal law in connection with a prefiled project for which a certificate of public convenience and necessity is sought under this ,act shall approve or deny the license1 permit1 or other approval by not later than #ij days after the date on which the ,commission issues a final environmental document relating to the project4 7,b7 ,extension 7i7 ,in general ,the ,commission may extend an applicable deadline under subparagraph 7,a7 by not longer than an additional #cj days1 if the head of the affected ,federal department or agency demonstrates that-- 7,i7 the process of determining whether to approve or deny the applicable license1 permit1 or other approval cannot be completed by the applicable deadline2 and 7,,ii7 the department or agency therefore will be compelled to deny the license1 permit1 or approval4 7ii7 ,technical assistance ,in providing an extension under this subparagraph1 the ,commission may offer to the affected ,federal department or agency such technical assistance as is necessary to address any condition preventing the completion of the review of the application for the license1 permit1 or other approval4 7,c7 ,failure to act ,if a ,federal department or agency described in subparagraph 7,a7 fails to approve or deny a license1 permit1 or other approval by the deadline under subparagraph 7,a7 or 7,b71 as applicable-- 7i7 the license1 permit1 or approval shall take effect on the date that is #cj days after the expiration of the deadline2 and 7ii7 the ,commission shall incorporate into the terms of the license1 permit1 or approval any conditions proffered by the ,federal department or agency that the ,commission does not determine to be inconsistent with any relevant environmental document4 4 #cjb4 ,rights-of-way for public utilities ,section #ajjijb7;a77#a77;,a7 of title #ed1 ,united ,states ,code1 is amended by striking and lines for the generation and distribution of electrical power and inserting lines for the generation and distribution of electrical power1 and natural gas or petroleum product pipelines4 ,,iv ,transportation conformity reform #dja4 ,limitations on certain ,federal assistance under ,clean ,air ,act ,section #agf of the ,clean ,air ,act 7#db ,u4,s4,c4 #gejf7 is amended-- 7#a7 in subsection 7c77#a7-- 7,a7 by striking the undesignated matter following clause 7iii7 of subparagraph 7,b72 and 7,b7 in the fourth sentence1 by striking ,conformity to an implementation plan means-- and inserting the following3 7a7 ,definition of conform 7#a7 ,in general ,in this section1 the term conform1 with respect to the status of an activity1 project1 program1 or plan as determined under an applicable implementation plan1 means that the activity1 project1 program1 or plan-- 2 7#b7 in subsection 7a7 7as so redesignated7-- 7,a7 in paragraph 7#a7 7as so redesignated7-- 7i7 by striking 7,a7 conformity to and inserting the following3 7,a7 achieves compliance with 2 and 7ii7 by striking 7,b7 that such activities will and inserting the following3 7,b7 will 2 7,b7 by moving the subsection 7as so amended7 to appear at the beginning of the section2 and 7,c7 by adding at the end the following3 7#b7 ,determination estimates ,for purposes of paragraph 7#a71 a determination regarding the conformity of an activity1 project1 program1 or plan shall be based on the most recent estimates of the emissions of the activity1 project1 program1 or plan1 which shall be determined based on the most recent applicable population1 employment1 travel1 and congestion estimates 7as determined by the metropolitan planning organization or other agency authorized to make those estimates74 2 7#c7 by redesignating subsections 7c7 and 7d7 as subsections 7b7 and 7c71 respectively2 7#d7 in subsection 7b7 7as so redesignated7-- 7,a7 by striking the subsection designation and all that follows through ,no department in the first sentence and inserting the following3 7b7 ,requirement of conformity for ,federal assistance 7#a7 ,limitations 7,a7 ,federal agencies ,no department 2 7,b7 in paragraph 7#a77;,a7 7as so redesignated7-- 7i7 in the first sentence1 by striking it has and inserting the implementation plan has2 7ii7 in the third sentence1 by striking ,the assurance of conformity to such an implementation plan and inserting the following3 7,c7 ,responsibility for assurance ,the assurance of conformity to an implementation plan approved or promulgated under section #aaj 2 and 7iii7 in the second sentence1 by striking ,no metropolitan and inserting the following3 7,b7 ,metropolitan planning organizations ,no metropolitan 2 7,c7 in paragraph 7#b7-- 7i7 in subparagraph 7,a71 by striking of paragraph 7#a77;,b7 and inserting described in subsection 7a77#a77;,b72 7ii7 in subparagraph 7,c7-- 7,i7 in clause 7i71 by striking 7i7 such a project and inserting the following3 7,,ii7 7aa7 the project 2 7,,ii7 in clause 7ii71 by striking 7ii7 the design and inserting the following3 7bb7 the design 2 7,,iii7 in clause 7iii71 by striking 7iii7 the design and inserting the following3 7cc7 the design 2 and 7,,iv7 in the matter preceding clause 7i71 by striking only if it meets either the requirements of subparagraph 7,d7 or the following requirements and inserting the following3 only if-- 7,i7 the transportation project achieves compliance with all applicable requirements of clause 7iv72 or 2 7iii7 in subparagraph 7,d71 by striking subparagraph 7,c7 and inserting clause 7iii72 7iv7 in subparagraph 7,e7-- 7,i7 in clause 7ii71 by striking clause 7i7 and inserting subclause 7,i72 and 7,,ii7 by redesignating clauses 7i7 through 7iii7 as subclauses 7,i7 through 7,,iii71 respectively1 and indenting the subclauses appropriately2 7v7 by redesignating subparagraphs 7,a7 through 7,e7 as clauses 7i7 through 7v71 respectively1 and indenting the clauses appropriately2 and 7vi7 in the matter preceding clause 7i7 7as so redesignated7-- 7,i7 in the third sentence1 by striking ,in particular-- and inserting the following3 7,c7 ,additional requirements ,the additional requirements referred to in subparagraph 7,b77i77,,ii7 are that-- 2 7,,ii7 in the second sentence-- 7aa7 by striking been found to conform to any applicable implementation plan in effect under this ,act4 and inserting the following3 been determined-- 7,i7 to conform to an applicable implementation plan in effect under this ,act 7as determined in accordance with paragraph 7#d77;,b772 and 7,,ii7 to achieve compliance with all applicable additional requirements described in subparagraph 7,c74 2 and 7bb7 by striking ,no ,federal and inserting the following3 7,b7 ,conformity required 7i7 ,in general ,subject to clause 7ii71 no ,federal 2 7,,iii7 in the first sentence1 by striking 7#b7 ,any and inserting the following3 7#b7 ,transportation conformity 7,a7 ,in general ,each 2 and 7,,iv7 in subparagraph 7,b7 7as designated by subclause 7,,ii77bb771 by adding at the end the following3 7ii7 ,applicability ,the requirement described in clause 7i7 shall not apply-- 7,i7 to a transportation plan1 program1 or project carried out in an area designated under this ,act as a marginal nonattainment or attainment-maintenance area2 and 7,,ii7 in an area that is not an area described in subclause 7,i71 until the date that is #ahj days after the date on which the ,administrator approves the motor vehicle emissions budget contained in the ,state implementation plan applicable to the relevant transportation plan1 program1 or project4 2 7,d7 in paragraph 7#c7-- 7i7 in subparagraph 7,a7-- 7,i7 in clause 7i71 by adding and after the semicolon at the end2 and 7,,ii7 by striking clause 7iii72 and 7ii7 in subparagraph 7,b7-- 7,i7 in clause 7i71 by striking enactment2 and and all that follows through the end of the undesignated matter following clause 7ii7 and inserting enactment42 and 7,,ii7 in the matter preceding clause 7i71 by striking projects-- and all that follows through come from in clause 7i7 and inserting projects are carried out under2 7,e7 in paragraph 7#d7-- 7i7 in subparagraph 7,b7-- 7,i7 by striking ,the ,administrator and inserting the following3 7i7 ,in general ,subject to clause 7ii71 the ,administrator 2 and 7,,ii7 by adding at the end the following3 7ii7 ,requirements ,the criteria and procedures promulgated pursuant to clause 7i7 shall-- 7,i7 be based on the most recently issued national ambient air quality standard for each applicable criteria pollutant2 and 7,,ii7 establish that conformity in the case of transportation plans1 programs1 and projects shall not be required-- 7aa7 in any area designated under this ,act as a marginal nonattainment or attainment-maintenance area2 and 7bb7 with respect to any area that is not an area described in item 7aa71 until the date that is #ahj days after the date on which the ,administrator approves the motor vehicle emissions budget contained in the ,state implementation plan applicable to the relevant transportation plan1 program1 or project4 2 7ii7 in subparagraph 7,d7-- 7,i7 in clause 7ii7-- 7aa7 in subclause 7,,ii71 by striking paragraph 7#b77;,e7 and inserting paragraph 7#b77;,c77v72 and 7bb7 by indenting subclauses 7,i7 and 7,,ii7 appropriately2 7,,ii7 by indenting clauses 7i7 through 7iii7 appropriately2 and 7,,iii7 by striking 7,d7 ,the and inserting the following3 7,d7 ,minimum requirements ,the 2 and 7iii7 in subparagraph 7,f71 by striking 7,f7 ,compliance and inserting the following3 7,f7 ,traffic signal synchronization projects ,compliance 2 7,f7 by striking paragraphs 7#e7 and 7#f72 7,g7 by redesignating paragraphs 7#g7 through 7#i7 as paragraphs 7#e7 through 7#g71 respectively2 7,h7 in subparagraph 7,a7 of paragraph 7#e7 7as so redesignated71 by striking ,each and inserting ,subject to paragraph 7#b77;,b77ii77,,ii71 each2 7,i7 in paragraph 7#g7 7as so redesignated71 by striking ,if and inserting the following3 7,a7 ,definition of lapse ,in this paragraph1 the term lapse1 with respect to a conformity determination for a transportation plan or transportation improvement program1 means that-- 7i7 the conformity determination has expired2 and 7ii7 as a result of that expiration1 no currently conforming transportation plan or transportation improvement program exists4 7,b7 ,lapses ,if 2 and 7,j7 by striking paragraph 7#aj72 and 7#e7 in subsection 7c7 7as redesignated by paragraph 7#c77-- 7,a7 in the second sentence1 by striking ,this paragraph extends to1 but is not limited to1 and inserting the following3 7#b7 ,applicability ,the authority described in paragraph 7#a7 includes any 2 and 7,b7 by striking the subsection designation and all that follows through ,federal ,government and inserting the following3 7c7 ,priority 7#a7 ,requirement ,each ,federal department1 agency1 and instrumentality 4 #djb4 ,study on transportation air quality conformity under ,clean ,air ,act ,the ,administrators of the ,environmental ,protection ,agency1 the ,federal ,highway ,administration1 and the ,federal ,transit ,administration shall jointly enter into an arrangement with the ,national ,academy of ,sciences under which the ,academy shall-- 7#a7 conduct a study relating to transportation air quality conformity to evaluate the effectiveness of the conformity requirements under section #agf of the ,clean ,air ,act 7#db ,u4,s4,c4 #gejf7 7as amended by section #dja72 and 7#b7 provide to the ,administrators recommendations for transportation conformity policy1 including suggested legislative and regulatory changes relating to transportation planning and air quality4 ,v ,increasing ,state authority and collaboration in reviewing transportation projects #eja4 ,federal-,state project agreements ,section #ajf7;b7 of title #bc1 ,united ,states ,code1 is amended by adding at the end the following3 7#c7 ,no ,federal approval for certain activities 7,a7 ,in general ,notwithstanding any other provision of law 7including regulations71 no approval of the ,secretary shall be required under this section for any project described in subparagraph 7,b71 subject to the condition that the project shall be carried out in accordance with all other applicable requirements under this title and title #di4 7,b7 ,description of projects ,a project referred to in subparagraph 7,a7 is any project-- 7i7 carried out under-- 7,i7 a stewardship and oversight agreement2 or 7,,ii7 any other agreement under this section2 and 7ii7 relating to-- 7,i7 the standard specifications of the applicable ,state transportation department2 7,,ii7 the pavement design policy of the ,state transportation department2 7,,iii7 any value engineering policies or procedures of the ,state transportation department2 7,,iv7 liquidated damage rates2 7,v7 a quality assurance program of the ,state transportation department2 or 7,,vi7 such other matter as the ,secretary1 in consultation with ,state transportation departments1 determines to be appropriate4 4 #ejb4 ,project approval and oversight for high risk projects ,section #ajf7;c77#d7 of title #bc1 ,united ,states ,code1 is amended-- 7#a7 in subparagraph 7,a7-- 7,a7 by striking shall not assign any responsibilities to a ,state for projects and inserting may assign to a ,state responsibility for a project in the ,state that2 and 7,b7 by inserting 1 subject to the requirement that the project shall be carried out in accordance with all applicable requirements of an agreement between the ,secretary and the ,state under this section before the period at the end2 and 7#b7 in subparagraph 7,b71 by striking ,the ,secretary may define the high risk categories under this subparagraph on and inserting the following3 ,for purposes of subparagraph 7,a71 the ,secretary-- 7,a7 shall establish high risk categories in collaboration with ,state transportation departments2 and 7,b7 may define the categories on 4 #ejc4 ,advance acquisition of real property ,section #ajh of title #bc1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7a77#a71 by striking may make and inserting shall make2 7#b7 in subsection 7b71 by striking 7b7 ,federal and inserting the following3 7b7 ,maximum participation ,federal 2 7#c7 in subsection 7c77#c7-- 7,a7 in the matter preceding subparagraph 7,a71 by striking ,state demonstrates to the ,secretary and the ,secretary finds and inserting ,state ensures2 7,b7 in subparagraph 7,f7-- 7i7 by inserting of #aifi 7#db ,u4,s4,c4 #dcba et seq47 after ,policy ,act2 7ii7 by striking this ,act and inserting the ,intermodal ,surface ,transportation ,efficiency ,act of #aiia 7,public ,law #ajb-bdj2 #aje ,stat4 #aiad72 and 7iii7 by inserting of #aigc 7#af ,u4,s4,c4 #aeca et seq47 after ,species ,act2 and 7,c7 in subparagraph 7,g71 by striking the ,secretary and inserting the ,state2 and 7#d7 in subsection 7d7-- 7,a7 in paragraph 7#b7-- 7i7 by striking a ,state each place it appears and inserting the ,state2 and 7ii7 by striking ,the ,secretary may and inserting ,on receipt of a request from a ,state1 the ,secretary shall2 7,b7 in paragraph 7#c71 in the matter preceding subparagraph 7,a71 by striking 1 with concurrence by the ,secretary12 and 7,c7 in paragraph 7#g7-- 7i7 by striking ,if and inserting the following3 7,a7 ,in general ,subject to subparagraph 7,b71 if 2 and 7ii7 by adding at the end the following3 7,b7 ,extension ,on receipt of a request from a ,state1 the ,secretary shall delay the effective date of the offset against the apportionment of the ,state described in subparagraph 7,a7 for such period as the ,secretary determines to be appropriate1 in accordance with applicable law 7including regulations74 4 #ejd4 ,agreements relating to use of1 and access to1 rights-of-way on ,interstate ,system ,section #aaa of title #bc1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7a7-- 7,a7 in the fourth sentence-- 7i7 by striking ,nothing and inserting the following3 7#d7 ,effect of section ,nothing 2 7ii7 by striking ,interstate ,system 7#a7 if such establishment 7,a7 was and inserting the following3 ,interstate ,system1 if-- 7,a7 the establishment-- 7i7 was 2 7iii7 by striking #aifj1 7,b7 is owned by a ,state1 and 7,c7 is and inserting the following3 #aifj2 7ii7 is owned by a ,state2 and 7iii7 is 2 and 7iv7 by striking otherwise1 and 7#b7 if all and inserting the following3 otherwise2 and 7,b7 all 2 7,b7 in the third sentence1 by striking ,such agreements may1 however1 and inserting the following3 7#c7 ,use of airspace ,an agreement described in paragraph 7#a77;,a7 may 2 7,c7 in the second sentence1 by striking ,such agreements shall also contain a clause providing and inserting the following3 7#b7 ,automotive service stations ,an agreement described in paragraph 7#a77;,a7 shall include a requirement 2 7,d7 by striking the subsection designation and heading and all that follows through ,all agreements between the ,secretary and the in the first sentence and inserting the following3 7a7 ,requirements for agreements 7#a7 ,points of access and exit 7,a7 ,in general ,except as provided in subparagraph 7,b71 each agreement between the ,secretary and a 2 and 7,e7 in paragraph 7#a7 7as so redesignated71 by adding at the end the following3 7,b7 ,transfer of authority to ,states ,on receipt of a request from a ,state transportation department1 the ,secretary shall transfer to the ,state transportation department the sole authority to approve the addition of a point of access to1 or exit from1 an applicable project on the ,interstate ,system on approval by the ,state transportation department of a justification report under subsection 7e74 2 and 7#b7 in subsection 7e71 by striking ,secretary may permit a ,state transportation department to approve the report and inserting ,secretary1 on receipt of a request from an affected ,state transportation department1 shall transfer to the ,state transportation department in accordance with subsection 7a77#a77;,b7 the sole authority to approve the addition of the applicable point of access to1 or exit from1 a relevant project on the ,interstate ,system on approval by the ,state transportation department of the report4