,,ii #aaith ,,congress #ast ,session ,s4 #cbhd ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,december #a1 #bjbe,mr4 ,lee 7for himself1 ,mr4 ,curtis1 ,mr4 ,kelly1 and ,mr4 ,warnock7 introduced the following bill2 which was read twice and referred to the ,committee on ,banking1 ,housing1 and ,urban ,affairs ,a ,,bill ,to amend chapter #ec of title #di1 ,united ,states ,code1 to allow funding recipients to assume certain responsibilities relating to the ,national ,environmental ,policy ,act of #aifi4 #a4 ,short title ,this ,act may be cited as the ,streamline ,transit ,projects ,act4 #b4 ,,nepa reform for categorical exclusions 7a7 ,in general ,chapter #ec of title #di1 ,united ,states ,code1 is amended by inserting after section #ecba the following3 #ecbb4 ,transit agency assumption of responsibility for categorical exclusions 7a7 ,definition ,in this section1 the term eligible recipient means a direct recipient of funds under this chapter that-- 7#a7 is located in an urbanized area with a population of more than #bjj1jjj individuals2 and 7#b7 demonstrates to the ,secretary that the recipient has the legal1 technical1 and financial capacity to perform the responsibilities required under this section4 7b7 ,categorical exclusion determinations 7#a7 ,in general ,the ,secretary may assign to an eligible recipient1 and an eligible recipient may assume1 responsibility for determining whether certain designated activities are included within classes of action identified by the ,secretary that are categorically excluded from requirements for environmental assessments or environmental impact statements pursuant to the interim final rule promulgated by the ,secretary at part #gga of title #bc1 ,code of ,federal ,regulations1 or any successor regulation4 7#b7 ,scope of authority ,a determination described in paragraph 7#a7-- 7,a7 shall be made by an eligible recipient in accordance with criteria established by the ,secretary2 and 7,b7 may only be made by an eligible recipient with respect to a type of activity under this chapter specifically designated by the ,secretary4 7#c7 ,criteria ,the criteria under paragraph 7#b77;,a7 shall include provisions for public availability of information consistent with section #eeb of title #e and the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq474 7#d7 ,preservation of flexibility ,the ,secretary may not require an eligible recipient1 as a condition of assuming responsibility under this section1 to forego project delivery methods that are otherwise permissible for transit projects4 7c7 ,other applicable ,federal laws 7#a7 ,in general ,if an eligible recipient assumes responsibility under subsection 7b71 the ,secretary may also assign1 and the eligible recipient may assume1 all or part of the responsibilities of the ,secretary for environmental review1 consultation1 or other related actions required under any ,federal law applicable to activities that are classified by the ,secretary as categorical exclusions1 with the exception of government-to-government consultation with ,indian ,tribes1 subject to the same procedural and substantive requirements as would be required if that responsibility were carried out by the ,secretary4 7#b7 ,sole responsibility ,an eligible recipient that assumes responsibility under paragraph 7#a7 with respect to a ,federal law shall be solely responsible and solely liable for complying with and carrying out that law1 and the ,secretary shall have no such responsibility or liability4 7d7 ,memoranda of understanding 7#a7 ,in general ,the ,secretary and an eligible recipient1 after providing public notice and opportunity for comment1 shall enter into a memorandum of understanding setting forth the responsibilities to be assigned under this section and the terms and conditions under which the assignments are made1 including establishment of the circumstances under which the ,secretary would reassume responsibility for categorical exclusion determinations4 7#b7 ,assistance ,upon request by an eligible recipient1 the ,secretary shall provide to the eligible recipient technical assistance1 training1 or other support relating to-- 7,a7 assuming responsibility under subsection 7b72 7,b7 developing a memorandum of understanding under this subsection2 or 7,c7 addressing a responsibility in need of corrective action under subsection 7e77#a77;,b74 7#c7 ,term ,a memorandum of understanding under this subsection-- 7,a7 except as provided under subparagraph 7,c71 shall have a term of not more than #c years2 7,b7 shall be renewable2 and 7,c7 for an eligible recipient that has assumed the responsibility for categorical exclusions under this section for a period of not less than #aj years1 shall have a term of #e years4 7#d7 ,acceptance of jurisdiction ,in a memorandum of understanding under this subsection1 the eligible recipient shall consent to accept the jurisdiction of the ,federal courts for the compliance1 discharge1 and enforcement of any responsibility of the ,secretary that the eligible recipient assumes4 7#e7 ,monitoring ,the ,secretary shall-- 7,a7 monitor-- 7i7 compliance by an eligible recipient with the memorandum of understanding entered into by the eligible recipient under this subsection2 and 7ii7 the provision by the eligible recipient of financial resources to carry out the memorandum of understanding2 and 7,b7 take into account the performance by the eligible recipient when considering renewal of the memorandum of understanding4 7e7 ,termination 7#a7 ,termination by ,secretary ,the ,secretary may terminate the assignment of responsibilities to an eligible recipient under this section if-- 7,a7 the ,secretary determines that the eligible recipient is not adequately carrying out the responsibilities assigned to the eligible recipient2 7,b7 the ,secretary provides to the eligible recipient-- 7i7 a notification of the determination of noncompliance2 7ii7 a period of not less than #abj days to take such corrective action as the ,secretary determines to be necessary to comply with the applicable agreement2 and 7iii7 upon request by the chief executive officer of the eligible recipient1 a detailed description of each responsibility in need of corrective action regarding an inadequacy identified under subparagraph 7,a72 and 7,c7 after the notification and period described in clauses 7i7 and 7ii7 of subparagraph 7,b71 the eligible recipient fails to take satisfactory corrective action1 as determined by the ,secretary4 7#b7 ,termination by the eligible recipient ,an eligible recipient may terminate the assumption of responsibilities by the eligible recipient under this section-- 7,a7 by providing to the ,secretary a notice not later than the date that is #ij days before the date of termination2 and 7,b7 subject to such terms and conditions as the ,secretary may provide4 7f7 ,recipient agency deemed ,to be ,federal agency ,an eligible recipient that is assigned a responsibility under this section shall be deemed to be a ,federal agency for the purposes of the ,federal law under which the responsibility is exercised4 7g7 ,legal fees ,an eligible recipient assuming #a or more responsibilities of the ,secretary under this section for a specific project may use funds apportioned to the eligible recipient under this chapter for attorney's fees directly attributable to eligible activities associated with the project4 4 7b7 ,conforming amendment ,the table of sections for chapter #ec of title #di1 ,united ,states ,code1 is amended by inserting after the item relating to section #ecba the following3 #ecbb4 ,transit agency assumption of responsibility for categorical exclusions4 4