23 U.S.C. § 327 : US Code - Section 327: Surface transportation project delivery pilot program

Search 23 U.S.C. § 327 : US Code - Section 327: Surface transportation project delivery pilot program

(a) Establishment. -
(1) In general. - The Secretary shall carry out a surface
transportation project delivery pilot program (referred to in
this section as the "program").
(2) Assumption of responsibility. -
(A) In general. - Subject to the other provisions of this
section, with the written agreement of the Secretary and a
State, which may be in the form of a memorandum of
understanding, the Secretary may assign, and the State may
assume, the responsibilities of the Secretary with respect to
one or more highway projects within the State under the
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.).
(B) Additional responsibility. - If a State assumes
responsibility under subparagraph (A) -
(i) the Secretary may assign to the State, and the State
may assume, all or part of the responsibilities of the
Secretary for environmental review, consultation, or other
action required under any Federal environmental law
pertaining to the review or approval of a specific project;
but
(ii) the Secretary may not assign -
(I) responsibility for any conformity determination
required under section 176 of the Clean Air Act (42 U.S.C.
7506); or
(II) any responsibility imposed on the Secretary by
section 134 or 135.
(C) Procedural and substantive requirements. - A State shall
assume responsibility under this section subject to the same
procedural and substantive requirements as would apply if that
responsibility were carried out by the Secretary.
(D) Federal responsibility. - Any responsibility of the
Secretary not explicitly assumed by the State by written
agreement under this section shall remain the responsibility of
the Secretary.
(E) No effect on authority. - Nothing in this section
preempts or interferes with any power, jurisdiction,
responsibility, or authority of an agency, other than the
Department of Transportation, under applicable law (including
regulations) with respect to a project.
(b) State Participation. -
(1) Number of participating states. - The Secretary may permit
not more than 5 States (including the States of Alaska,
California, Ohio, Oklahoma, and Texas) to participate in the
program.
(2) Application. - Not later than 270 days after the date of
enactment of this section, the Secretary shall promulgate
regulations that establish requirements relating to information
required to be contained in any application of a State to
participate in the program, including, at a minimum -
(A) the projects or classes of projects for which the State
anticipates exercising the authority that may be granted under
the program;
(B) verification of the financial resources necessary to
carry out the authority that may be granted under the program;
and
(C) evidence of the notice and solicitation of public comment
by the State relating to participation of the State in the
program, including copies of comments received from that
solicitation.
(3) Public notice. -
(A) In general. - Each State that submits an application
under this subsection shall give notice of the intent of the
State to participate in the program not later than 30 days
before the date of submission of the application.
(B) 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 law of the State.
(4) Selection criteria. - The Secretary may approve the
application of a State under this section only if -
(A) the regulatory requirements under paragraph (2) have been
met;
(B) the Secretary determines that the State has the
capability, including financial and personnel, to assume the
responsibility; and
(C) the head of the State agency having primary jurisdiction
over highway matters enters into a written agreement with the
Secretary described in subsection (c).
(5) Other federal agency views. - If a State applies to assume
a responsibility of the Secretary that would have required the
Secretary to consult with another Federal agency, the Secretary
shall solicit the views of the Federal agency before approving
the application.
(c) Written Agreement. - A written agreement under this section
shall -
(1) be executed by the Governor or the top-ranking
transportation official in the State who is charged with
responsibility for highway construction;
(2) be in such form as the Secretary may prescribe;
(3) provide that the State -
(A) agrees to assume all or part of the responsibilities of
the Secretary described in subsection (a);
(B) expressly consents, on behalf of the State, to accept the
jurisdiction of the Federal courts for the compliance,
discharge, and enforcement of any responsibility of the
Secretary assumed by the State;
(C) certifies that State laws (including regulations) are in
effect that -
(i) authorize the State to take the actions necessary to
carry out the responsibilities being assumed; and
(ii) are comparable to section 552 of title 5, including
providing that any decision regarding the public availability
of a document under those State laws is reviewable by a court
of competent jurisdiction; and
(D) agrees to maintain the financial resources necessary to
carry out the responsibilities being assumed.
(d) Jurisdiction. -
(1) 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 of the State under this
section.
(2) Legal standards and requirements. - A civil action under
paragraph (1) shall be governed by the legal standards and
requirements that would apply in such a civil action against the
Secretary had the Secretary taken the actions in question.
(3) Intervention. - The Secretary shall have the right to
intervene in any action described in paragraph (1).
(e) Effect of Assumption of Responsibility. - A State that
assumes responsibility under subsection (a)(2) shall be solely
responsible and solely liable for carrying out, in lieu of the
Secretary, the responsibilities assumed under subsection (a)(2),
until the program is terminated as provided in subsection (i).
(f) Limitations on Agreements. - Nothing in this section permits
a State to assume any rulemaking authority of the Secretary under
any Federal law.
(g) Audits. -
(1) In general. - To ensure compliance by a State with any
agreement of the State under subsection (c) (including compliance
by the State with all Federal laws for which responsibility is
assumed under subsection (a)(2)), for each State participating in
the program under this section, the Secretary shall conduct -
(A) semiannual audits during each of the first 2 years of
State participation; and
(B) annual audits during each subsequent year of State
participation.
(2) Public availability and comment. -
(A) In general. - An audit conducted under paragraph (1)
shall be provided to the public for comment.
(B) Response. - Not later than 60 days after the date on
which the period for public comment ends, the Secretary shall
respond to public comments received under subparagraph (A).
(h) Report to Congress. - The Secretary shall submit to Congress
an annual report that describes the administration of the program.
(i) Termination. -
(1) In general. - Except as provided in paragraph (2), the
program shall terminate on the date that is 6 years after the
date of enactment of this section.
(2) Termination by secretary. - The Secretary may terminate the
participation of any State in the program if -
(A) the Secretary determines that the State is not adequately
carrying out the responsibilities assigned to the State;
(B) the Secretary provides to the State -
(i) notification of the determination of noncompliance; and
(ii) a period of at least 30 days during which to take such
corrective action as the Secretary determines is necessary to
comply with the applicable agreement; and
(C) the State, after the notification and period provided
under subparagraph (B), fails to take satisfactory corrective
action, as determined by Secretary.