What it changes

1 change to S. 1072

Adds a section
  1. Adds SEC. 12__. MULTIMODAL TRANSPORTATION PROJECT DEMONSTRATION PROGRAM on page 82, between lines 21 and 22

    Adds a sectionPrinted page

    Inserted: SEC. 12__. MULTIMODAL TRANSPORTATION PROJECT DEMONSTRATION PROGRAM.

    Inserted: (a) Definition of Multimodal Transportation Project.--In this section, the term "multimodal transportation project" means a project under chapter 1 of title 23, United States Code, that--

    Inserted: (1) is located in the State of Texas;

    Inserted: (2) is within a network of interconnected corridors;

    Inserted: (3) is privately financed, in whole or in part; and

    Inserted: (4) contains multiple surface transportation modes, including highway and rail and utility corridors.

    Inserted: (b) Establishment of Program.--

    Inserted: (1) In general.--The Secretary shall establish and implement in the State of Texas a demonstration program under which the Secretary, notwithstanding any other provision of law, may permit the State transportation department or a local transportation agency in the State of Texas to authorize a consultant under a contract for a multimodal transportation project to prepare an environmental impact assessment or analysis (including an environmental impact statement) relating to a segment of the project of less than independent utility and without logical termini.

    Inserted: (2) Contract terms.--A contract for a multimodal transportation project under this subsection may provide for the simultaneous--

    Inserted: (A) design and construction of a segment of the project for which the environmental assessment or analysis has been completed; and

    Inserted: (B) environmental assessment or analysis of an adjoining segment of the project.

    Inserted: (c) Limitation on Work To Be Performed by Consultant.--

    Show 23 more inserted paragraphs

    Inserted: (1) In general.--The work of the consultant under subsection (b) shall be performed under the direction of, and subject to oversight by, the State transportation department or local transportation agency.

    Inserted: (2) Review.--The State transportation department or local transportation agency shall conduct a review that assesses the objectivity of the environmental assessment, environmental analysis, or environmental impact statement prepared under subsection (b) before its submission to the Secretary.

    Inserted: (d) Funding.--Notwithstanding any other provision of law--

    Inserted: (1) funds made available to the State of Texas under title 23, United States Code, to carry out the demonstration program authorized under this section may be used by the State of Texas to pay the costs of an eligible project under this section, without requirement for non-Federal funds; and

    Inserted: (2) an eligible project under this section shall be eligible for other forms of financial assistance available under that title, including loans, loan guarantees, and lines of credit.

    Inserted: (e) Regulations.--The Secretary shall promulgate regulations that--

    Inserted: (1) provide guidelines regarding procedures to be followed by the State transportation department or a coal transportation agency in the State of Texas in their direction of and oversight over any environmental impact assessments or analyses for a multimodal transportation project which are to be prepared by the contractor or its affiliates; and

    Inserted: (2) establish criteria for approving deviations from procedures established in regulations issued by the Secretary of Transportation implementing the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).

    Inserted: (f) Implementation by Other Federal Agencies.--Each Federal agency that--

    Inserted: (1) has jurisdiction by law over environment-related issues that may be affected by a project described in this section and the analysis of which would be part of any environmental document required by the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); or

    Inserted: (2) may be required by Federal law to independently--

    Inserted: (A) conduct an environment-related review or analysis for a project described in this section;

    Inserted: (B) determine whether to issue a permit, license, or approval for the project; or

    Inserted: (C) render an opinion or recommendation on the environmental impact of the project; shall promulgate regulations providing for the expedited processing of, and approval of deviations from, the project by the agency.

    Inserted: (g) Reports and Secretarial Review.--

    Inserted: (1) State of texas report.--

    Inserted: (A) In general.--Not later than 3 years after the date of enactment of this section, the State of Texas shall submit to the Secretary a report summarizing the use of the procedures authorized under this section.

    Inserted: (B) Contents.--The report shall--

    Inserted: (i) describe the time and cost savings resulting from the use of those procedures as compared to the construction of surface transportation projects using the existing procedures authorized under the Federal-aid highway program and Federal law; and

    Inserted: (ii) recommend revisions necessary to further streamline and accelerate the construction of surface transportation projects.

    Inserted: (2) Report to congress.--Not later than 180 days after the date of receipt of the report under paragraph (1), the Secretary shall submit to Congress a report that--

    Inserted: (A) evaluates the demonstration program conducted under this section and the ability of the program to streamline and accelerate the construction of surface transportation projects; and

    Inserted: (B) contains recommendations of the Secretary concerning whether the program should be expanded or made a part of the Federal-aid highway program.

    Original wording

    On page 82, between lines 21 and 22, insert the following:

Read automatically from the Congressional Record. Check the original before relying on it.

As printed

SA 2356. Mr. CORNYN (for himself and Mrs. Hutchison) submitted an amendment intended to be proposed by him to the bill S. 1072, to authorize funds for Federal-aid highways, highway safety programs, and transit programs, and for other purposes; which was ordered to lie on the table; as follows:

On page 82, between lines 21 and 22, insert the following:

SEC. 12__. MULTIMODAL TRANSPORTATION PROJECT DEMONSTRATION PROGRAM.

(a) Definition of Multimodal Transportation Project.--In this section, the term “multimodal transportation project” means a project under chapter 1 of title 23, United States Code, that--

(1) is located in the State of Texas;

(2) is within a network of interconnected corridors;

(3) is privately financed, in whole or in part; and

(4) contains multiple surface transportation modes, including highway and rail and utility corridors.

(b) Establishment of Program.--

(1) In general.--The Secretary shall establish and implement in the State of Texas a demonstration program under which the Secretary, notwithstanding any other provision of law, may permit the State transportation department or a local transportation agency in the State of Texas to authorize a consultant under a contract for a multimodal transportation project to prepare an environmental impact assessment or analysis (including an environmental impact statement) relating to a segment of the project of less than independent utility and without logical termini.

(2) Contract terms.--A contract for a multimodal transportation project under this subsection may provide for the simultaneous--

(A) design and construction of a segment of the project for which the environmental assessment or analysis has been completed; and

(B) environmental assessment or analysis of an adjoining segment of the project.

(c) Limitation on Work To Be Performed by Consultant.--

(1) In general.--The work of the consultant under subsection (b) shall be performed under the direction of, and subject to oversight by, the State transportation department or local transportation agency.

(2) Review.--The State transportation department or local transportation agency shall conduct a review that assesses the objectivity of the environmental assessment, environmental analysis, or environmental impact statement prepared under subsection (b) before its submission to the Secretary.

(d) Funding.--Notwithstanding any other provision of law--

(1) funds made available to the State of Texas under title 23, United States Code, to carry out the demonstration program authorized under this section may be used by the State of Texas to pay the costs of an eligible project under this section, without requirement for non-Federal funds; and

(2) an eligible project under this section shall be eligible for other forms of financial assistance available under that title, including loans, loan guarantees, and lines of credit.

(e) Regulations.--The Secretary shall promulgate regulations that--

(1) provide guidelines regarding procedures to be followed by the State transportation department or a coal transportation agency in the State of Texas in their direction of and oversight over any environmental impact assessments or analyses for a multimodal transportation project which are to be prepared by the contractor or its affiliates; and

(2) establish criteria for approving deviations from procedures established in regulations issued by the Secretary of Transportation implementing the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).

(f) Implementation by Other Federal Agencies.--Each Federal agency that--

(1) has jurisdiction by law over environment-related issues that may be affected by a project described in this section and the analysis of which would be part of any environmental document required by the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); or

(2) may be required by Federal law to independently--

(A) conduct an environment-related review or analysis for a project described in this section;

(B) determine whether to issue a permit, license, or approval for the project; or

(C) render an opinion or recommendation on the environmental impact of the project; shall promulgate regulations providing for the expedited processing of, and approval of deviations from, the project by the agency.

(g) Reports and Secretarial Review.--

(1) State of texas report.--

(A) In general.--Not later than 3 years after the date of enactment of this section, the State of Texas shall submit to the Secretary a report summarizing the use of the procedures authorized under this section.

(B) Contents.--The report shall--

(i) describe the time and cost savings resulting from the use of those procedures as compared to the construction of surface transportation projects using the existing procedures authorized under the Federal-aid highway program and Federal law; and

(ii) recommend revisions necessary to further streamline and accelerate the construction of surface transportation projects.

(2) Report to congress.--Not later than 180 days after the date of receipt of the report under paragraph (1), the Secretary shall submit to Congress a report that--

(A) evaluates the demonstration program conducted under this section and the ability of the program to streamline and accelerate the construction of surface transportation projects; and

(B) contains recommendations of the Secretary concerning whether the program should be expanded or made a part of the Federal-aid highway program.

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Senate amendment submitted

February 11, 2004