In the nature of a substitute.

SA 2255. Mr. LEE submitted an amendment intended to be proposed to
amendment SA 2137 proposed by Mr. Schumer (for Ms. Sinema (for herself,
Mr. Portman, Mr. Manchin, Mr. Cassidy, Mrs. Shaheen, Ms. Collins, Mr.
Tester, Ms. Murkowski, Mr. Warner, and Mr. Romney)) to the bill H.R.
3684, 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:

Strike all after the enacting clause and insert the
following:

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

(a) Short Title.--This Act may be cited as the
``Transportation Empowerment Act''.
(b) Table of Contents.--The table of contents for this Act
is as follows:

Sec. 1. Short title; table of contents.
Sec. 2. Findings and purposes.

TITLE I--HIGHWAY FUNDING

Sec. 101. Authorization of appropriations.
Sec. 102. Federalization and defederalization of projects.
Sec. 103. Reporting requirements.
Sec. 104. Funding limitation.
Sec. 105. Reports; certification.

TITLE II--FEDERAL-AID HIGHWAY PROGRAM REFORMS

Sec. 201. Definitions.
Sec. 202. Federal-aid system.
Sec. 203. Apportionment.
Sec. 204. Additional deposits in Highway Trust Fund.
Sec. 205. Project approval and oversight.
Sec. 206. Standards.
Sec. 207. Nationally significant freight and highway projects.
Sec. 208. National highway performance program.
Sec. 209. Federal share payable.
Sec. 210. Emergency relief.
Sec. 211. Transferability of Federal-aid highway funds.
Sec. 212. Toll roads, bridges, tunnels, and ferries.
Sec. 213. Railway-highway crossings.
Sec. 214. Surface transportation block grant program.
Sec. 215. Metropolitan transportation planning.
Sec. 216. Control of junkyards.
Sec. 217. Enforcement of requirements.
Sec. 218. Public transportation.
Sec. 219. Highway use tax evasion projects.
Sec. 220. National bridge and tunnel inventory and inspection
standards.
Sec. 221. Carpool and vanpool projects.
Sec. 222. Construction of ferry boats and ferry terminal facilities.
Sec. 223. Highway safety improvement program.
Sec. 224. Repeal of congestion mitigation and air quality improvement
program.
Sec. 225. National goals and performance measures.
Sec. 226. National electric vehicle charging and hydrogen, propane, and
natural gas fueling corridors.
Sec. 227. Hazard elimination program.
Sec. 228. National scenic byways program.
Sec. 229. National highway freight program.
Sec. 230. Recreational trails program.
Sec. 231. Bicycle transportation and pedestrian walkways.
Sec. 232. Alaska highway.
Sec. 233. Conforming amendments.

TITLE III--HIGHWAY TRUST FUND AND RELATED TAXES

Subtitle A--Highway Trust Fund Authority

Sec. 301. Extension of Highway Trust Fund expenditure authority.
Sec. 302. Termination of Mass Transit Account.
Sec. 303. Transfer of unused COVID-19 appropriations to the Highway
Trust Fund.
Sec. 304. Termination of employee retention credit for employers
subject to closure due to COVID-19.
Sec. 305. Transfer of unused Coronavirus State and Local Fiscal
Recovery Funds to the Highway Trust Fund.

Subtitle B--Highway Related Taxes

Sec. 311. Reduction in taxes on gasoline, diesel fuel, kerosene, and
special fuels funding Highway Trust Fund.
Sec. 312. Extension of highway-related taxes.

[[Page S5650]]

TITLE IV--MISCELLANEOUS

Sec. 401. National Environmental Policy Act modifications.
Sec. 402. Repeal of Davis-Bacon wage requirements.

SEC. 2. FINDINGS AND PURPOSES.

(a) Findings.--Congress finds that--
(1) the objective of the Federal highway program has been
to facilitate the construction of a modern freeway system
that promotes efficient interstate commerce by connecting all
States;
(2) the objective described in paragraph (1) has been
attained, and the Interstate System connecting all States is
near completion;
(3) each State has the responsibility of providing an
efficient transportation network for the residents of the
State;
(4) each State has the means to build and operate a network
of transportation systems, including highways, that best
serves the needs of the State;
(5) each State is best capable of determining the needs of
the State and acting on those needs;
(6) the Federal role in highway transportation has, over
time, usurped the role of the States by taxing motor fuels
used in the States and then distributing the proceeds to the
States based on the perceptions of the Federal Government on
what is best for the States;
(7) the Federal Government has used the Federal motor fuels
tax revenues to force all States to take actions that are not
necessarily appropriate for individual States;
(8) the Federal distribution, review, and enforcement
process wastes billions of dollars on unproductive
activities;
(9) Federal mandates that apply uniformly to all 50 States,
regardless of the different circumstances of the States,
cause the States to waste billions of hard-earned tax dollars
on projects, programs, and activities that the States would
not otherwise undertake; and
(10) Congress has expressed a strong interest in reducing
the role of the Federal Government by allowing each State to
manage its own affairs.
(b) Purposes.--The purposes of this Act are--
(1) to provide a new policy blueprint to govern the Federal
role in transportation once existing and prior financial
obligations are met;
(2) to return to the individual States maximum
discretionary authority and fiscal responsibility for all
elements of the national surface transportation systems that
are not within the direct purview of the Federal Government;
(3) to preserve Federal responsibility for the Dwight D.
Eisenhower National System of Interstate and Defense
Highways;
(4) to preserve the responsibility of the Department of
Transportation for--
(A) design, construction, and preservation of
transportation facilities on Federal public land;
(B) national programs of transportation research and
development and transportation safety; and
(C) emergency assistance to the States in response to
natural disasters;
(5) to eliminate to the maximum extent practicable Federal
obstacles to the ability of each State to apply innovative
solutions to the financing, design, construction, operation,
and preservation of Federal and State transportation
facilities; and
(6) with respect to transportation activities carried out
by States, local governments, and the private sector, to
encourage--
(A) competition among States, local governments, and the
private sector; and
(B) innovation, energy efficiency, private sector
participation, and productivity.

TITLE I--HIGHWAY FUNDING

SEC. 101. AUTHORIZATION OF APPROPRIATIONS.

(a) In General.--
(1) Authorization of appropriations.--The following sums
are authorized to be appropriated out of the Highway Trust
Fund:
(A) Federal-aid highway program.--For the national highway
performance program under section 119 of title 23, United
States Code, the surface transportation block grant program
under section 133 of that title, the highway safety
improvement program under section 148 of that title, and the
national highway freight program under section 167 of that
title $18,450,000,000 for each of fiscal years 2022 through
2026.
(B) Emergency relief.--For emergency relief under section
125 of title 23, United States Code, $100,000,000 for each of
fiscal years 2022 through 2026.
(C) Federal lands programs.--
(i) Federal lands transportation program.--For the Federal
lands transportation program under section 203 of title 23,
United States Code, $300,000,000 for each of fiscal years
2022 through 2026, of which--

(I) $240,000,000 of the amount made available for each
fiscal year shall be the amount for the National Park
Service; and
(II) $30,000,000 of the amount made available for each
fiscal year shall be the amount for the United States Fish
and Wildlife Service.

(ii) Federal lands access program.--For the Federal lands
access program under section 204 of title 23, United States
Code, $250,000,000 for each of fiscal years 2022 through
2026.
(b) Funding for Highway Research and Development Program.--
(1) Authorization of appropriations.--There is authorized
to be appropriated out of the Highway Trust Fund to carry out
section 503(b) of title 23, United States Code, $115,000,000
for each of fiscal years 2022 through 2026.
(2) Applicability of title 23, united states code.--Funds
authorized to be appropriated by paragraph (1) shall--
(A) be available for obligation in the same manner as if
those funds were apportioned under chapter 1 of title 23,
United States Code, except that the Federal share of the cost
of a project or activity carried out using those funds shall
be 80 percent, unless otherwise expressly provided by this
Act (including the amendments by this Act); and
(B) remain available until expended and not be
transferable.

SEC. 102. FEDERALIZATION AND DEFEDERALIZATION OF PROJECTS.

Notwithstanding any other provision of law, beginning on
October 1, 2021--
(1) a highway construction or improvement project shall not
be considered to be a Federal highway construction or
improvement project unless and until a State expends Federal
funds for the construction portion of the project;
(2) a highway construction or improvement project shall not
be considered to be a Federal highway construction or
improvement project solely by reason of the expenditure of
Federal funds by a State before the construction phase of the
project to pay expenses relating to the project, including
for any environmental document or design work required for
the project; and
(3)(A) a State may, after having used Federal funds to pay
all or a portion of the costs of a highway construction or
improvement project, reimburse the Federal Government in an
amount equal to the amount of Federal funds so expended; and
(B) after completion of a reimbursement described in
subparagraph (A), a highway construction or improvement
project described in that subparagraph shall no longer be
considered to be a Federal highway construction or
improvement project.

SEC. 103. REPORTING REQUIREMENTS.

No reporting requirement, other than a reporting
requirement in effect as of the date of enactment of this
Act, shall apply on or after October 1, 2021, to the use of
Federal funds for highway projects by a public-private
partnership.

SEC. 104. FUNDING LIMITATION.

Notwithstanding any other provision of law, if the
Secretary of Transportation determines for any of fiscal
years 2022 through 2026 that the aggregate amount required to
carry out transportation programs and projects under this Act
and the amendments made by this Act exceeds the estimated
aggregate amount in the Highway Trust Fund available for
those programs and projects for the fiscal year, each amount
made available for that program or project shall be reduced
by the pro rata percentage required to reduce the aggregate
amount required to carry out those programs and projects to
an amount equal to the amount available for those programs
and projects in the Highway Trust Fund for the fiscal year.

SEC. 105. REPORTS; CERTIFICATION.

(a) Report on Existing Obligations.--
(1) In general.--The Director of the Office of Management
and Budget (referred to in this section as the ``Director''),
in consultation with the Secretary of Transportation, shall
develop and submit to Congress a 5-year plan for the use of
revenue deposited in the Highway Trust Fund to pay for unpaid
obligations under Federal-aid highway programs (as in effect
before the date of enactment of this Act) incurred before the
date of enactment of this Act.
(2) Requirement.--In developing the plan under paragraph
(1), the Director shall, to the maximum extent practicable,
balance payments for new Federal-aid highway projects with
continued payment of unpaid obligations described in
paragraph (1).
(b) Annual Reports.--Not less frequently than annually, the
Director shall submit to Congress a report that includes--
(1) a description of the remaining balance of unpaid
obligations under Federal-aid highway programs (as in effect
before the date of enactment of this Act) incurred before the
date of enactment of this Act; and
(2) a status update on the progress made toward achieving
the goals of the 5-year plan developed under subsection (a).
(c) Certification.--On the date that the Director
determines that there are no remaining unpaid obligations
under Federal-aid highway programs (as in effect before the
date of enactment of this Act) incurred before the date of
enactment of this Act, the Director shall submit to Congress
a certification that there are no such remaining unpaid
obligations.

TITLE II--FEDERAL-AID HIGHWAY PROGRAM REFORMS

SEC. 201. DEFINITIONS.

Section 101(a) of title 23, United States Code, is
amended--
(1) by striking paragraph (6) and inserting the following:
``(6) Federal-aid highway.--The term `Federal-aid highway'
means a highway on the Interstate System eligible for
assistance under this chapter.'';
(2) in paragraph (12), by striking ``section 103(c)'' and
inserting ``section 103(b)'';
(3) by striking paragraph (16); and
(4) by redesignating paragraphs (17) through (34) as
paragraphs (16) through (33), respectively.

SEC. 202. FEDERAL-AID SYSTEM.

(a) In General.--Section 103(a) of title 23, United States
Code, is amended by striking

[[Page S5651]]

``the National Highway System, which includes''.
(b) Conforming Amendments.--
(1) Section 103 of title 23, United States Code, is
amended--
(A) by striking the section designation and heading and
inserting the following:

``Sec. 103. Federal-aid system'';

(B) by striking subsection (b); and
(C) by redesignating subsection (c) as subsection (b).
(2) Section 127(f) of title 23, United States Code, is
amended by striking ``section 103(c)(4)(A)'' and inserting
``section 103(b)(4)(A)''.
(3) The analysis for chapter 1 of title 23, United States
Code, is amended by striking the item relating to section 103
and inserting the following:

``103. Federal-aid system.''.

SEC. 203. APPORTIONMENT.

Section 104 of title 23, United States Code, is amended--
(1) in subsection (a)--
(A) by striking paragraph (1) and inserting the following:
``(1) In general.--There is authorized to be appropriated
from the Highway Trust Fund for each of fiscal years 2022
through 2026, to be made available to the Secretary for
administrative expenses of the Federal Highway
Administration, an amount equal to 1 percent of the amounts
made available for programs under this title for the fiscal
year.''; and
(B) in paragraph (2)(B), by striking ``the Appalachian
development highway system'' and inserting ``the portions of
the Appalachian Development Highway System on the Interstate
System'';
(2) in subsection (b)--
(A) in the matter preceding paragraph (1), by striking
``the congestion mitigation and air quality improvement
program, the national highway freight program, and to carry
out section 134'' and inserting ``and the national highway
freight program'';
(B) in each of paragraphs (1), (2), and (3), by striking
``paragraphs (4), (5), and (6)'' and inserting ``paragraph
(4)'';
(C) by striking paragraph (4);
(D) by redesignating paragraph (5) as paragraph (4);
(E) in paragraph (4) (as so redesignated)--
(i) by striking subparagraph (B) and inserting the
following:
``(B) Total amount.--The total amount set aside for the
national highway freight program for all States shall be 3.5
percent of the amounts made available for programs under this
title for each of fiscal years 2022 through 2026.''; and
(ii) by striking subparagraph (D); and
(F) by striking paragraph (6);
(3) in subsection (c)--
(A) in paragraph (1)--
(i) in the matter preceding subparagraph (A), by striking
``fiscal years 2016 through 2020'' and inserting ``fiscal
years 2022 through 2026'';
(ii) in subparagraph (A)--

(I) by striking clause (i) and inserting the following:

``(i) the base apportionment; by''; and

(II) in clause (ii)(I), by striking ``fiscal year 2015''
and inserting ``fiscal year 2021''; and

(iii) in subparagraph (B), by striking ``(other than the
Mass Transit Account)''; and
(B) in paragraph (2)--
(i) by striking ``fiscal years 2016 through 2020'' and
inserting ``fiscal years 2022 through 2026''; and
(ii) by striking ``the congestion mitigation and air
quality improvement program under section 149, the national
highway freight program under section 167, and to carry out
section 134'' and inserting ``and the national highway
freight program under section 167'';
(4) by striking subsections (d) and (h);
(5) by redesignating subsections (e) through (g) as
subsections (d) through (f), respectively;
(6) by striking subsection (e) (as so redesignated) and
inserting the following:
``(e) Transferability of Funds.--
``(1) In general.--To the extent that a State determines
that funds made available under this title to the State for a
purpose are in excess of the needs of the State for that
purpose, the State may transfer the excess funds to, and use
the excess funds for, any surface transportation (including
public transportation and rail) purpose in the State.
``(2) Enforcement.--If the Secretary determines that a
State has transferred funds under paragraph (1) to a purpose
that is not a surface transportation purpose as described in
paragraph (1), the amount of the improperly transferred funds
shall be deducted from any amount the State would otherwise
receive from the Highway Trust Fund for the fiscal year that
begins after the date of the determination.''; and
(7) by striking subsection (i) and inserting the following:
``(g) Base Apportionment Defined.--In this section, the
term `base apportionment' means the combined amount
authorized for appropriation for the national highway
performance program under section 119, the surface
transportation block grant program under section 133, the
highway safety improvement program under section 148, and the
national highway freight program under section 167.''.

SEC. 204. ADDITIONAL DEPOSITS IN HIGHWAY TRUST FUND.

(a) In General.--Section 105 of title 23, United States
Code, is repealed.
(b) Clerical Amendment.--The analysis for chapter 1 of
title 23, United States Code, is amended by striking the item
relating to section 105.

SEC. 205. PROJECT APPROVAL AND OVERSIGHT.

Section 106 of title 23, United States Code, is amended--
(1) in subsection (c)--
(A) by striking paragraphs (1) and (2) and inserting the
following:
``(1) In general.--For any project under this title, the
State may assume the responsibilities of the Secretary under
this title for design, plans, specifications, estimates,
contract awards, and inspections with respect to the project,
unless the Secretary determines that the assumption is not
appropriate.''; and
(B) by redesignating paragraphs (3) and (4) as paragraphs
(2) and (3), respectively;
(2) in subsection (d), in the matter preceding paragraph
(1), by striking ``this section, section 133, or section
149'' and inserting ``this section or section 133'';
(3) in subsection (e)(2)--
(A) in subparagraph (A), by striking ``the National Highway
System'' and inserting ``the Interstate System''; and
(B) in subparagraph (B), by striking ``the National Highway
System'' and inserting ``the Interstate System''; and
(4) in subsection (h)(3)(C), in the second sentence, by
striking ``statewide and metropolitan planning requirements
in sections 134 and 135'' and inserting ``statewide planning
requirements under section 135''.

SEC. 206. STANDARDS.

(a) In General.--Section 109 of title 23, United States
Code, is amended--
(1) by striking subsection (c);
(2) by redesignating subsections (d) through (n) as
subsections (c) through (m), respectively;
(3) by striking subsection (o);
(4) by redesignating subsections (p) through (r) as
subsections (n) through (p), respectively; and
(5) in subsection (n) (as so redesignated), in the matter
preceding paragraph (1), by striking ``Notwithstanding
subsections (b) and (c), the Secretary may approve a project
for the National Highway System'' and inserting
``Notwithstanding subsection (b), the Secretary may approve a
project for the Interstate System''.
(b) Technical and Conforming Amendments.--Section 112 of
title 23, United States Code, is amended--
(1) in subsection (b)--
(A) in paragraph (2)(F), by striking ``(F)(F) Subparagraphs
(B), (C), (D), and (E) herein'' and inserting the following:
``(F) Limitation.--Subparagraphs (B) through (E)''; and
(B) in paragraph (4)(C)(iv)(II), by striking ``section
109(r)'' and inserting ``section 109(p)''; and
(2) in subsection (g)(2)(B), by striking ``section
109(e)(2)'' and inserting ``section 109(d)(2)''.

SEC. 207. NATIONALLY SIGNIFICANT FREIGHT AND HIGHWAY
PROJECTS.

Section 117 of title 23, United States Code, is amended--
(1) by striking subsection (d) and inserting the following:
``(d) Eligible Projects.--Except as provided in subsection
(e), the Secretary may make a grant under this section only
for a project that--
``(1) is--
``(A) a highway freight project carried out on the National
Highway Freight Network established under section 167;
``(B) a highway or bridge project carried out on the
Interstate System, including a project to add capacity to the
Interstate System to improve mobility; or
``(C) a railway-highway grade crossing or grade separation
project on the Interstate System; and
``(2) has eligible project costs that are reasonably
anticipated to equal or exceed the lesser of--
``(A) $100,000,000; and
``(B) in the case of a project--
``(i) located in 1 State, 30 percent of the amount
apportioned under this chapter to the State in the most
recently completed fiscal year; or
``(ii) located in more than 1 State, 50 percent of the
amount apportioned under this chapter to the participating
State with the largest apportionment under this chapter in
the most recently completed fiscal year.'';
(2) in subsection (e)(1), by striking ``described in
subsection (d)(1)(A) that do not satisfy the minimum
threshold under subsection (d)(1)(B)'' and inserting
``described in subsection (d)(1) that do not satisfy the
minimum threshold under subsection (d)(2)'';
(3) by striking subsections (k) and (l);
(4) by redesignating subsections (m) and (n) as subsections
(k) and (l), respectively; and
(5) in paragraph (1) of subsection (k) (as so
redesignated)--
(A) by striking subparagraph (B); and
(B) in subparagraph (A)--
(i) in the first sentence, by striking ``At least 60 days''
and inserting ``Not less than 60 days''; and
(ii) in the second sentence, by striking ``The
notification'' and inserting the following:
``(B) Inclusions.--Each notification under subparagraph
(A)''.

SEC. 208. NATIONAL HIGHWAY PERFORMANCE PROGRAM.

Section 119 of title 23, United States Code, is amended--

[[Page S5652]]

(1) in subsection (b), by striking ``the National Highway
System'' each place it appears and inserting ``the Interstate
System'';
(2) in subsection (c), by striking ``the National Highway
System, as defined in section 103'' and inserting ``the
Interstate System'';
(3) in subsection (d)--
(A) by striking ``the National Highway System'' each place
it appears and inserting ``the Interstate System'';
(B) in paragraph (1)(B), by striking ``sections 134 and
135'' and inserting ``section 135''; and
(C) in paragraph (2)--
(i) by striking subparagraphs (F) through (H);
(ii) by redesignating subparagraphs (I) through (L) as
subparagraphs (F) through (I), respectively; and
(iii) by striking subparagraphs (M) through (P);
(4) in subsection (e), by striking ``the National Highway
System'' each place it appears and inserting ``the Interstate
System'';
(5) in subsection (f)--
(A) in the subsection heading, by striking ``and NHS''; and
(B) in paragraph (2)--
(i) in the paragraph heading, by striking ``NHS'' and
inserting ``Interstate system''; and
(ii) by striking ``the National Highway System'' each place
it appears and inserting ``the Interstate System'';
(6) by striking subsections (g) through (i); and
(7) by redesignating subsection (j) as subsection (g).

SEC. 209. FEDERAL SHARE PAYABLE.

Section 120 of title 23, United States Code, is amended--
(1) by striking subsection (b);
(2) by redesignating subsections (c) through (f) as
subsections (b) through (e), respectively;
(3) in subsection (b) (as so redesignated)--
(A) by striking paragraph (2);
(B) by redesignating paragraph (3) as paragraph (2); and
(C) in paragraph (2) (as so redesignated)--
(i) in subparagraph (A), in the matter preceding clause
(i), by striking ``paragraph (1), (2), (5)(D), or (6) of
section 104(b)'' and inserting ``paragraph (1) or (2) of
section 104(b)''; and
(ii) in subparagraph (C)(i), by striking ``paragraphs (1),
(2), (5)(D), and (6) of section 104(b)'' and inserting
``paragraphs (1) and (2) of section 104(b)'';
(4) in subsection (c) (as so redesignated), in the first
sentence, by striking ``lands referred to in subsections (a)
and (b) of this section'' and inserting ``land referred to in
subsection (a)'';
(5) in subsection (d) (as so redesignated), in the matter
preceding paragraph (1)--
(A) by striking ``, including the Interstate System,''; and
(B) by striking ``subsections (a) and (b)'' and inserting
``subsection (a)'';
(6) by striking subsection (g); and
(7) by redesignating subsections (h) through (k) as
subsections (g) through (j), respectively.

SEC. 210. EMERGENCY RELIEF.

Section 125 of title 23, United States Code, is amended--
(1) in subsection (a), in the matter preceding paragraph
(1), by striking ``highways, roads, and trails,'' and
inserting ``highways on the Interstate System'';
(2) in subsection (c)(1), by striking ``(other than the
Mass Transit Account)'';
(3) in subsection (d)--
(A) in paragraph (3)(C), by inserting ``(as in effect on
the day before the date of enactment of the Transportation
Empowerment Act)'' after ``subsection (e)(1)''; and
(B) by striking paragraph (5);
(4) by striking subsections (e) and (f); and
(5) by redesignating subsection (g) as subsection (e).

SEC. 211. TRANSFERABILITY OF FEDERAL-AID HIGHWAY FUNDS.

(a) In General.--Section 126 of title 23, United States
Code, is repealed.
(b) Clerical Amendment.--The analysis for chapter 1 of
title 23, United States Code, is amended by striking the item
relating to section 126.

SEC. 212. TOLL ROADS, BRIDGES, TUNNELS, AND FERRIES.

(a) In General.--Section 129 of title 23, United States
Code, is amended--
(1) by striking subsections (b) and (c);
(2) in subsection (a)--
(A) by striking ``(a) Basic program.--''; and
(B) by redesignating paragraphs (1) through (10) as
subsections (a) through (j), respectively, and indenting
appropriately;
(3) in subsection (a) (as so redesignated)--
(A) by striking subparagraphs (B) and (F);
(B) by redesignating subparagraphs (A), (C), (D), (E), (G),
(H), and (I) as paragraphs (1) through (7), respectively, and
indenting appropriately;
(C) in paragraph (1) (as so redesignated), by inserting
``on the Interstate System'' after ``tunnel'' each place it
appears;
(D) in paragraph (3) (as so redesignated), by inserting
``on the Interstate System'' after ``tunnel'' each place it
appears;
(E) in paragraph (4) (as so redesignated), by inserting
``on the Interstate System'' after ``tunnel'' each place it
appears;
(F) in paragraph (6) (as so redesignated), by inserting
``on the Interstate System'' after ``tunnel''; and
(G) in paragraph (7), by striking ``this paragraph'' and
inserting ``this subsection'';
(4) in subsection (b) (as so redesignated)--
(A) in the matter preceding subparagraph (A), by striking
``this subsection'' and inserting ``this section''; and
(B) by redesignating subparagraphs (A) and (B) as
paragraphs (1) and (2), respectively, and indenting
appropriately;
(5) in subsection (c) (as so redesignated)--
(A) by redesignating subparagraphs (A) through (C) as
paragraphs (1) through (3), respectively, and indenting
appropriately;
(B) in paragraph (1) (as so redesignated), by redesignating
clauses (i) through (v) as subparagraphs (A) through (E),
respectively, and indenting appropriately;
(C) in paragraph (2) (as so redesignated)--
(i) by redesignating clauses (i) and (ii) as subparagraphs
(A) and (B), respectively, and indenting appropriately; and
(ii) in subparagraph (A) (as so redesignated), by striking
``subparagraph (A)'' and inserting ``paragraph (1)''; and
(D) in paragraph (3) (as so redesignated), by striking
``subparagraph (A)'' each place it appears and inserting
``paragraph (1)'';
(6) in subsection (d) (as so redesignated)--
(A) by redesignating subparagraphs (A) and (B) as
paragraphs (1) and (2), respectively, and indenting
appropriately; and
(B) in paragraph (2) (as so redesignated), by striking
``this paragraph'' and inserting ``this subsection'';
(7) in subsection (e) (as so redesignated), by striking
``paragraph (1)'' and inserting ``subsection (a)'';
(8) in subsection (f) (as so redesignated), by striking
``paragraph (3)'' and inserting ``subsection (c)'';
(9) in subsection (g) (as so redesignated)--
(A) by redesignating subparagraphs (A) through (I) as
paragraphs (1) through (9), respectively, and indenting
appropriately;
(B) by striking ``this paragraph'' each place it appears
and inserting ``this subsection'';
(C) in paragraph (1) (as so redesignated), by redesignating
clauses (i) and (ii) as subparagraphs (A) and (B),
respectively, and indenting appropriately; and
(D) in paragraph (8) (as so redesignated), by redesignating
clauses (i) and (ii) as subparagraphs (A) and (B),
respectively, and indenting appropriately; and
(10) in subsection (j) (as so redesignated)--
(A) by redesignating subparagraphs (A) through (E) as
paragraphs (1) through (5), respectively, and indenting
appropriately;
(B) in the matter preceding paragraph (1) (as so
redesignated), by striking ``this subsection'' and inserting
``this section'';
(C) in paragraph (2) (as so redesignated), by redesignating
clauses (i) and (ii) as subparagraphs (A) and (B),
respectively, and indenting appropriately; and
(D) in paragraph (5) (as so redesignated), by striking
``this subsection'' and inserting ``this section''.
(b) Conforming Amendments.--
(1) Section 165(c)(6)(A) of title 23, United States Code,
is amended--
(A) by striking clause (iii); and
(B) by redesignating clauses (iv) through (vii) as clauses
(iii) through (vi), respectively.
(2) Section 166(c)(2) of title 23, United States Code, is
amended by striking ``section 129(a)(3)'' and inserting
``section 129(c)''.
(3) Section 9 of the International Bridge Act of 1972 (33
U.S.C. 535f) is amended in the second sentence by striking
``section 129(a)(3)'' and inserting ``section 129(c)''.

SEC. 213. RAILWAY-HIGHWAY CROSSINGS.

(a) In General.--Section 130 of title 23, United States
Code, is repealed.
(b) Conforming Amendments.--
(1) The analysis for chapter 1 of title 23, United States
Code, is amended by striking the item relating to section
130.
(2) Section 409 of title 23, United States Code, is amended
by striking ``sections 130, 144, and 148'' and inserting
``sections 144 and 148''.

SEC. 214. SURFACE TRANSPORTATION BLOCK GRANT PROGRAM.

(a) In General.--Section 133 of title 23, United States
Code, is amended--
(1) in subsection (b)--
(A) in paragraph (1)--
(i) by striking subparagraphs (B), (C), and (E);
(ii) by redesignating subparagraphs (D) and (F) as
subparagraphs (B) and (C), respectively;
(iii) in subparagraph (A), by inserting ``that are on the
Interstate System'' after ``title 40'';
(iv) in subparagraph (B) (as so redesignated)--

(I) by inserting ``on the Interstate System'' after
``improvements''; and
(II) by inserting ``and'' after the semicolon at the end;
and

(v) in subparagraph (C) (as so redesignated), by inserting
``that are on the Interstate System'' before the period at
the end;
(B) by striking paragraphs (3), (5), (6), (7), (11), (13),
and (15);
(C) by redesignating paragraphs (4), (8), (9), (10), (12),
and (14) as paragraphs (3) through (8), respectively;
(D) in paragraph (3) (as so redesignated), by striking``
and transit safety infrastructure improvements and programs,
including railway-highway grade crossings'' and inserting
``safety infrastructure improvements and programs on the
Interstate System'';
(E) in paragraph (4) (as so redesignated), by striking
``the National Highway System and a performance-based
management program for other public roads'' and inserting
``the Interstate System'';

[[Page S5653]]

(F) in paragraph (5) (as so redesignated), by inserting
``on the Interstate System'' before the period at the end;
(G) in paragraph (6) (as so redesignated), by inserting
``with respect to the Interstate System'' before the period
at the end;
(H) in paragraph (7) (as so redesignated), by inserting
``on the Interstate System'' before the period at the end;
and
(I) in paragraph (8) (as so redesignated), by striking
``and chapter 53 of title 49'';
(2) by striking subsection (c) and inserting the following:
``(c) Location of Projects.--A project under this section
may only be carried out on a road on the Interstate
System.'';
(3) in subsection (d)--
(A) in paragraph (1)--
(i) in the matter preceding subparagraph (A), by striking
``(after the reservation of funds under subsection (h))'';
and
(ii) in subparagraph (A), in the matter preceding clause
(i), by striking ``paragraph (6)'' and inserting ``paragraph
(5)'';
(B) by striking paragraph (2);
(C) by redesignating paragraphs (3) through (6) as
paragraphs (2) through (5), respectively;
(D) in paragraph (4) (as so redesignated), by striking
``sections 134 and 135'' and inserting ``section 135''; and
(E) in paragraph (5) (as so redesignated), by striking
``is'' and all that follows through the period at the end and
inserting ``is 55 percent for each of fiscal years 2022
through 2026.'';
(4) in subsection (e)(1), in the matter preceding
subparagraph (A), by striking ``fiscal years 2016 through
2020'' and inserting ``fiscal years 2022 through 2026''; and
(5) by striking subsections (f) through (i).
(b) Conforming Amendment.--Section 165(c)(7) of title 23,
United States Code, is amended by striking ``paragraphs (1)
through (4) of section 133(c) and section 133(b)(12)'' and
inserting ``section 133(b)(7)''.

SEC. 215. METROPOLITAN TRANSPORTATION PLANNING.

(a) In General.--Section 134 of title 23, United States
Code, is repealed.
(b) Conforming Amendments.--
(1) The analysis for chapter 1 of title 23, United States
Code, is amended by striking the item relating to section
134.
(2) Section 2864(f)(2) of title 10, United States Code, is
amended by inserting ``(as in effect on the day before the
date of enactment of the Transportation Empowerment Act)''
after ``title 23''.
(3) Section 108(d)(5)(A) of title 23, United States Code,
is amended by striking ``sections 134 and 135'' and inserting
``section 135''.
(4) Section 135 of title 23, United States Code, is
amended--
(A) in subsection (a)--
(i) in paragraph (1), by striking ``Subject to section 134,
to accomplish the objectives stated in section 134(a)'' and
inserting ``To accomplish the objectives stated in section
134(a) (as in effect on the day before the date of enactment
of the Transportation Empowerment Act)''; and
(ii) in paragraph (3), by inserting ``(as in effect on the
day before the date of enactment of the Transportation
Empowerment Act)'' after ``section 134(a)'';
(B) in subsection (b)(1), by striking ``with the
transportation planning activities carried out under section
134 for metropolitan areas of the State and'';
(C) in subsection (f)--
(i) in paragraph (2)--

(I) by striking subparagraph (A); and
(II) by redesignating subparagraphs (B), (C), and (D) as
subparagraphs (A), (B), and (C), respectively;

(ii) by striking paragraph (4);
(iii) in paragraph (6), by striking ``paragraph (5)'' and
inserting ``paragraph (4)''; and
(iv) by redesignating paragraphs (5) through (9) as
paragraphs (4) through (8), respectively;
(D) in subsection (g)--
(i) in paragraph (2)--

(I) by striking subparagraph (A); and
(II) by redesignating subparagraphs (B) and (C) as
subparagraphs (A) and (B), respectively;

(ii) in paragraph (3), by striking ``,,'' and inserting a
comma;
(iii) in paragraph (6)(B), by striking ``5310, 5311, 5316,
and 5317'' and inserting ``5310 and 5311''; and
(iv) in paragraph (8), by striking ``and section 134'';
(E) in subsection (i), by striking ``apportioned under
paragraphs (5)(D) and (6) of section 104(b) of this title
and'';
(F) in subsection (j), by striking ``and section 134'' each
place it appears; and
(G) by adding at the end the following:
``(n) Definitions.--In this section, the definitions under
section 134(b) (as in effect on the day before the date of
enactment of the Transportation Empowerment Act) shall
apply.''.
(5) Section 137 of title 23, United States Code, is
amended--
(A) by striking subsection (e); and
(B) by redesignating subsections (f) and (g) as subsections
(e) and (f), respectively.
(6) Section 166 of title 23, United States Code, is amended
by striking subsection (g).
(7) Section 168(a)(3) of title 23, United States Code, is
amended by striking ``metropolitan or statewide
transportation planning under section 134 or 135,
respectively'' and inserting ``statewide transportation
planning under section 135''.
(8) Section 201(c)(1) of title 23, United States Code, is
amended by striking ``sections 134 and 135'' and inserting
``section 135''.
(9) Section 327(a)(2)(B)(iv)(I) of title 23, United States
Code, is amended by striking ``134 or''.
(10) Section 505 of title 23, United States Code, is
amended--
(A) in subsection (a)(2)--
(i) by striking ``metropolitan and''; and
(ii) by striking ``sections 134 and 135'' and inserting
``section 135''; and
(B) in subsection (b)(2), by striking ``sections 134 and
135'' and inserting ``section 135''.
(11) Section 602(a)(3) of title 23, United States Code, is
amended by striking ``sections 134 and 135'' and inserting
``section 135''.
(12) Section 174 of the Clean Air Act (42 U.S.C. 7504) is
amended--
(A) in the fourth sentence of subsection (a), by striking
``the metropolitan planning organization designated to
conduct the continuing, cooperative and comprehensive
transportation planning process for the area under section
134 of title 23, United States Code,'';
(B) by striking subsection (b); and
(C) by redesignating subsection (c) as subsection (b).
(13) Section 176(c) of the Clean Air Act (42 U.S.C.
7506(c)) is amended--
(A) in paragraph (1), in the matter preceding subparagraph
(A), by striking the second sentence;
(B) in paragraph (7)(A), in the matter preceding clause
(i), by striking ``section 134(i) of title 23, United States
Code, or''; and
(C) in paragraph (9)--
(i) by striking ``section 134(i) of title 23, United States
Code, or''; and
(ii) by striking ``under section 134(j) of such title 23
or''.
(14) Section 182(c)(5) of the Clean Air Act (42 U.S.C.
7511a(c)(5)) is amended--
(A) by striking ``(A) Beginning'' and inserting
``Beginning''; and
(B) in the last sentence by striking ``and with the
requirements of section 174(b)''.
(15) Section 5304(i) of title 49, United States Code, is
amended--
(A) by striking ``sections 134 and 135'' each place it
appears and inserting ``section 135''; and
(B) by striking ``this this'' and inserting ``this''.

SEC. 216. CONTROL OF JUNKYARDS.

Section 136 of title 23, United States Code, is amended--
(1) in subsection (a), by striking ``and the primary
system'';
(2) in subsection (b), in the first sentence--
(A) by striking ``and the primary system''; and
(B) by striking ``paragraphs (1) through (6) of section
104(b)'' and inserting ``paragraphs (1) through (4) of
section 104(b)'';
(3) in subsection (g), by striking ``and the primary
system'';
(4) in subsection (k), by striking ``interstate and primary
systems'' and inserting ``Interstate System''; and
(5) by striking subsection (n).

SEC. 217. ENFORCEMENT OF REQUIREMENTS.

Section 141 of title 23, United States Code, is amended--
(1) in subsection (a), in the first sentence, by striking
``the Federal-aid primary system, the Federal-aid urban
system, and the Federal-aid secondary system, including the
Interstate System'' and inserting ``the Interstate System'';
and
(2) in subsection (b)(2), by striking ``paragraphs (1)
through (6) of section 104(b)'' and inserting ``paragraphs
(1) through (4) of section 104(b)''.

SEC. 218. PUBLIC TRANSPORTATION.

(a) In General.--Section 142 of title 23, United States
Code, is amended--
(1) in subsection (a)--
(A) by striking paragraph (2);
(B) in the second sentence, by striking ``If fees'' and
inserting the following:
``(2) Rate.--If fees''; and
(C) by striking ``(a)(1) To encourage'' and inserting the
following:
``(a) Construction of Facilities.--
``(1) In general.--To encourage'';
(2) by striking subsections (d), (g), (h), and (i);
(3) by redesignating subsections (e) and (f) as subsections
(d) and (e), respectively; and
(4) in subsection (d) (as so redesignated)--
(A) by striking ``of this section'' each place it appears;
(B) by striking paragraph (2); and
(C) by redesignating paragraph (3) as paragraph (2).
(b) Conforming Amendment.--Section 156(a) of title 23,
United States Code, is amended by striking ``section 142(f)''
and inserting ``section 142(e)''.

SEC. 219. HIGHWAY USE TAX EVASION PROJECTS.

Section 143(b)(2)(A) of title 23, United States Code, is
amended by striking ``each of fiscal years 2016 through
2020'' and inserting ``each of fiscal years 2022 through
2026''.

SEC. 220. NATIONAL BRIDGE AND TUNNEL INVENTORY AND INSPECTION
STANDARDS.

Section 144 of title 23, United States Code, is amended--
(1) in subsection (a)(2)--
(A) in subparagraph (A), by striking ``highway bridges and
tunnels of the United States'' and inserting ``bridges on the
Interstate System'';
(B) in subparagraph (B), by striking ``highway bridges and
tunnels'' and inserting ``bridges on the Interstate System'';
and
(C) in subparagraph (E), by striking ``National Highway
System bridges and bridges

[[Page S5654]]

on all public roads'' and inserting ``bridges on the
Interstate System'';
(2) in subsection (b)--
(A) in paragraph (1), by striking ``all highway bridges on
public roads, on and off Federal-aid highways,'' and
inserting ``all bridges on the Interstate System,''; and
(B) in paragraph (2), by striking ``all tunnels on public
roads, on and off Federal-aid highways,'' and inserting ``all
tunnels on the Interstate System,'';
(3) in subsection (d)--
(A) by striking paragraphs (2) and (4); and
(B) by redesignating paragraph (3) as paragraph (2);
(4) in subsection (e)(1), by inserting ``on the Interstate
System'' after ``any bridge'';
(5) in subsection (f)(1), in the matter preceding
subparagraph (A), by inserting ``on the Interstate System''
after ``any bridge'';
(6) in subsection (g)--
(A) in paragraph (1), by inserting ``on the Interstate
System'' after ``any bridge''; and
(B) in paragraph (3), by striking ``bridges on and off
Federal-aid highways'' and inserting ``bridges on the
Interstate System'';
(7) in subsection (h)--
(A) in paragraph (1)(A), by striking ``highway bridges and
tunnels'' and inserting ``bridges and tunnels on the
Interstate System'';
(B) in paragraph (2), by striking ``highway'' each place it
appears and inserting ``Interstate System''; and
(C) in paragraph (3)(B)(i), by striking ``highway bridges''
and inserting ``Interstate System bridges'';
(8) in subsection (i)(1), by striking ``highway bridge''
and inserting ``Interstate System bridge''; and
(9) in subsection (j)--
(A) in paragraph (3)(B), by striking ``a transportation
improvement program under section 134(j) or a statewide
transportation improvement program under section 135, as
applicable'' and inserting ``a statewide transportation
improvement program under section 135''; and
(B) in paragraph (4)(A), by striking ``sections 134 and
135'' and inserting ``section 135''.

SEC. 221. CARPOOL AND VANPOOL PROJECTS.

(a) In General.--Section 146 of title 23, United States
Code, is repealed.
(b) Clerical Amendment.--The analysis for chapter 1 of
title 23, United States Code, is amended by striking the item
relating to section 146.

SEC. 222. CONSTRUCTION OF FERRY BOATS AND FERRY TERMINAL
FACILITIES.

(a) In General.--Section 147 of title 23, United States
Code, is repealed.
(b) Clerical Amendment.--The analysis for chapter 1 of
title 23, United States Code, is amended by striking the item
relating to section 147.

SEC. 223. HIGHWAY SAFETY IMPROVEMENT PROGRAM.

Section 148 of title 23, United States Code, is amended--
(1) in subsection (a)--
(A) in paragraph (1), by striking ``roadway functionally
classified as a rural major or minor collector or a rural
local road'' and inserting ``road on the Interstate System'';
(B) in paragraph (2), by striking ``all public roads'' and
inserting ``all roads on the Interstate System'';
(C) in paragraph (4)--
(i) in subparagraph (A), in the matter preceding clause
(i), by striking ``on a public road'' and inserting ``on the
Interstate System''; and
(ii) in subparagraph (B)--

(I) in clause (iii), by striking ``, if the rumble strips
or other warning devices do not adversely affect the safety
or mobility of bicyclists and pedestrians, including persons
with disabilities'';
(II) by striking clauses (v), (xviii), (xix), (xxiii),
(xxvi), (xxvii), and (xxviii);
(III) by redesignating clauses (vi) through (xvii), (xx)
through (xxii), (xxiv), and (xxv) as clauses (v) through
(xxi), respectively; and
(IV) in clause (xix) (as so redesignated), by inserting
``on the Interstate System'' after ``improvements'';

(D) in paragraph (9)(A), by striking ``a public road'' and
inserting ``the Interstate System''; and
(E) in paragraph (11)(D), by striking ``all public roads,
including non-State-owned public roads and roads on tribal
land'' and inserting ``all roads on the Interstate System,
including non-State owned roads on the Interstate System and
roads on the Interstate System on tribal land'';
(2) in subsection (b)(2), by striking ``all public roads,
including non-State-owned public roads and roads on tribal
land'' and inserting ``all roads on the Interstate System,
including non-State owned roads on the Interstate System and
roads on the Interstate System on tribal land'';
(3) in subsection (c)(2)--
(A) in subparagraph (A)(i), by striking ``all public roads,
including non-State-owned public roads and roads on tribal
land in the State'' and inserting ``all roads on the
Interstate System, including non-State owned roads on the
Interstate System and roads on the Interstate System on
tribal land in the State'';
(B) in subparagraph (B)(iii), by striking ``all public
roads'' and inserting ``all roads on the Interstate System'';
(C) in subparagraph (C)(i), by striking ``all public
roads'' and inserting ``all roads on the Interstate System'';
and
(D) in subparagraph (D)--
(i) in clause (ii), by striking ``all public roads,
including public non-State-owned roads and roads on tribal
land'' and inserting ``all roads on the Interstate System,
including non-State owned roads on the Interstate System and
roads on the Interstate System on tribal land'';
(ii) in clause (iii), by striking ``all public roads'' and
inserting ``all roads on the Interstate System''; and
(iii) in clause (v), by striking ``all public roads in the
State'' and inserting ``all roads on the Interstate System in
the State'';
(4) in subsection (d)(1)(B)--
(A) in clause (iv), by striking ``rural roads, including
all public roads,'' and inserting ``roads on the Interstate
System in rural areas''; and
(B) in clause (viii), by striking ``all public roads,
including non-State-owned public roads and roads on tribal
land'' and inserting ``all roads on the Interstate System,
including non-State owned roads on the Interstate System and
roads on the Interstate System on tribal land'';
(5) in subsection (e)(1)--
(A) in subparagraph (A), by striking ``on any public road
or publicly owned bicycle or pedestrian pathway or trail''
and inserting ``on any road on the Interstate System''; and
(B) in subparagraph (C), by striking ``a public road'' and
inserting ``a road on the Interstate System'';
(6) in subsection (f)(1)(B), by striking ``all public
roads'' each place it appears and inserting ``all roads on
the Interstate System'';
(7) in subsection (h)(1)(C), by striking ``all public
roads'' each place it appears and inserting ``all roads on
the Interstate System'';
(8) in subsection (i)(2)(D), by striking ``safety safety''
and inserting ``safety'';
(9) in subsection (j), by striking ``sections 120 and 130''
and inserting ``section 120''; and
(10) by striking subsection (k).

SEC. 224. REPEAL OF CONGESTION MITIGATION AND AIR QUALITY
IMPROVEMENT PROGRAM.

(a) In General.--Section 149 of title 23, United States
Code, is repealed.
(b) Conforming Amendments.--
(1) The analysis for chapter 1 of title 23, United States
Code, is amended by striking the item relating to section
149.
(2) Section 322(h)(3) of title 23, United States Code, is
amended by striking ``and the congestion mitigation and air
quality improvement program under section 149''.
(3) Section 505(a)(3) of title 23, United States Code, is
amended by striking ``149,''.

SEC. 225. NATIONAL GOALS AND PERFORMANCE MEASURES.

Section 150 of title 23, United States Code, is amended--
(1) in subsection (b)--
(A) in paragraph (1), by striking ``all public roads'' and
inserting ``all roads on the Interstate System''; and
(B) in paragraph (3), by striking ``National Highway
System'' and inserting ``Interstate System'';
(2) in subsection (c)--
(A) in paragraph (3)(A)(ii), by striking subclauses (II)
through (V) and inserting the following:

``(II) the condition of bridges on the Interstate System;
and
``(III) the performance of the Interstate System;'';

(B) by striking paragraph (5); and
(C) by redesignating paragraph (6) as paragraph (5);
(3) in subsection (d)(1), by striking ``(5), and (6)'' and
inserting ``and (5)''; and
(4) in subsection (e), by striking ``National Highway
System'' each place it appears and inserting ``Interstate
System''.

SEC. 226. NATIONAL ELECTRIC VEHICLE CHARGING AND HYDROGEN,
PROPANE, AND NATURAL GAS FUELING CORRIDORS.

Section 151(a) of title 23, United States Code, is amended
by striking ``major national highways'' and inserting ``the
Interstate System''.

SEC. 227. HAZARD ELIMINATION PROGRAM.

(a) In General.--Section 152 of title 23, United States
Code, is repealed.
(b) Clerical Amendment.--The analysis for chapter 1 of
title 23, United States Code, is amended by striking the item
relating to section 152.

SEC. 228. NATIONAL SCENIC BYWAYS PROGRAM.

Section 162(a)(2) of title 23, United States Code, is
amended by inserting ``, subject to the condition that the
road is a road on the Interstate System'' before the period
at the end.

SEC. 229. NATIONAL HIGHWAY FREIGHT PROGRAM.

Section 167 of title 23, United States Code, is amended--
(1) in subsection (d)(2)--
(A) in subparagraph (A), by striking ``subparagraph (E)''
and inserting ``subparagraphs (E) and (F)''; and
(B) by adding at the end the following:
``(F) Requirement.--In redesignating the primary highway
freight system under subparagraph (A), the Administrator
shall ensure that all roads on the primary highway freight
system are roads on the Interstate System.'';
(2) in subsection (e)(1), in the matter preceding
subparagraph (A)--
(A) by striking ``a public road'' and inserting ``a road on
the Interstate System''; and
(B) by striking ``the public road'' and inserting ``the
road'';
(3) in subsection (f), by striking ``public road'' each
place it appears and inserting ``road on the Interstate
System'';
(4) in subsection (i)--

[[Page S5655]]

(A) by striking ``section 104(b)(5)'' each place it appears
and inserting ``section 104(b)(4)'';
(B) in paragraph (5)--
(i) by striking subparagraph (B);
(ii) by redesignating subparagraph (C) as subparagraph (B);
and
(iii) in subparagraph (C) (as so redesignated)--

(I) by striking clauses (vi), (xi), (xiv), (xviii), (xxii),
and (xxiii); and
(II) by redesignating clauses (vii) through (x), (xii) and
(xiii), (xv) through (xvii), and (xix) through (xxi) as
clauses (vi) through (xvii), respectively;

(C) in paragraph (6)--
(i) in the matter preceding subparagraph (A), by striking
``for'' and all that follows through ``the necessary costs''
in subparagraph (B) in the matter preceding clause (i) and
inserting ``for the necessary costs''; and
(ii) by redesignating clauses (i) through (iii) as
subparagraphs (A) through (C), respectively, and indenting
appropriately; and
(D) in paragraph (7), by striking ``sections 134 and 135''
and inserting ``section 135'';
(5) in subsection (k)(1)(A)(ii), by striking ``ports-of''
and inserting ``ports of''; and
(6) by striking subsection (l).

SEC. 230. RECREATIONAL TRAILS PROGRAM.

(a) In General.--Section 206 of title 23, United States
Code, is repealed.
(b) Conforming Amendments.--
(1) Section 325 of title 23, United States Code, is
amended--
(A) by striking subsection (d); and
(B) by redesignating subsection (e) as subsection (d).
(2) The analysis for chapter 2 of title 23, United States
Code, is amended by striking the item relating to section
206.

SEC. 231. BICYCLE TRANSPORTATION AND PEDESTRIAN WALKWAYS.

(a) In General.--Section 217 of title 23, United States
Code, is repealed.
(b) Conforming Amendments.--
(1) Section 1524(a) of MAP-21 (23 U.S.C. 206 note; Public
Law 112-141) is amended by striking ``sections 162, 206, 213,
and 217'' and inserting ``section 162''.
(2) The analysis for chapter 2 of title 23, United States
Code, is amended by striking the item relating to section
217.

SEC. 232. ALASKA HIGHWAY.

(a) In General.--Section 218 of title 23, United States
Code, is repealed.
(b) Clerical Amendment.--The analysis for chapter 2 of
title 23, United States Code, is amended by striking the item
relating to section 218.

SEC. 233. CONFORMING AMENDMENTS.

(a) Control of Outdoor Advertising.--Section 131(t) of
title 23, United States Code, is amended by striking ``, and
any highway which is not on such system but which is on the
National Highway System''.
(b) Elimination of Mass Transit Account.--
(1) Section 102(b) of title 23, United States Code, is
amended in the first sentence by striking ``(other than the
Mass Transit Account)''.
(2) Section 118(a) of title 23, United States Code, is
amended by striking ``(other than the Mass Transit
Account)''.
(3) Section 156(a) of title 23, United States Code, is
amended by striking ``(other than the Mass Transit
Account)''.
(4) Section 321 of title 23, United States Code, is amended
by striking ``(other than the Mass Transit Account)''.
(5) Section 323(b)(1) of title 23, United States Code, is
amended in the matter preceding subparagraph (A) by striking
``(other than the Mass Transit Account)''.
(6) Section 521(b)(10) of title 49, United States Code, is
amended by striking ``(other than the Mass Transit
Account)''.
(7) Section 6308 of title 49, United States Code, is
amended by striking ``(other than the Mass Transit
Account)''.
(8) Section 31104(g) of title 49, United States Code, is
amended by striking ``(other than the Mass Transit
Account)''.
(9) Section 31110(d) of title 49, United States Code, is
amended by striking ``(other than the Mass Transit
Account)''.
(10) Section 31138(d)(5) of title 49, United States Code,
is amended by striking ``(other than the Mass Transit
Account)''.
(11) Section 31139(g)(5) of title 49, United States Code,
is amended by striking ``(other than the Mass Transit
Account)''.
(c) National Highway System Repeal.--Section 111(d)(1) of
title 23, United States Code, is amended in the first
sentence by striking ``the National Highway System'' and
inserting ``the Interstate System''.

TITLE III--HIGHWAY TRUST FUND AND RELATED TAXES

Subtitle A--Highway Trust Fund Authority

SEC. 301. EXTENSION OF HIGHWAY TRUST FUND EXPENDITURE
AUTHORITY.

(a) Highway Trust Fund.--Section 9503 of the Internal
Revenue Code of 1986 is amended--
(1) by striking ``October 1, 2021'' in subsections
(b)(6)(B), (c)(1), and (e)(3) and inserting ``October 1,
2026'', and
(2) by striking ``Continuing Appropriations Act, 2021 and
Other Extensions Act'' in subsections (c)(1) and (e)(3) and
inserting ``Transportation Empowerment Act''.
(b) Sport Fish Restoration and Boating Trust Fund.--Section
9504 of such Code is amended--
(1) by striking ``Continuing Appropriations Act, 2021 and
Other Extensions Act'' each place it appears in subsection
(b)(2) and inserting ``Transportation Empowerment Act'', and
(2) by striking ``October 1, 2021'' in subsection (d)(2)
and inserting ``October 1, 2026''.
(c) Leaking Underground Storage Tank Trust Fund.--Section
9508(e)(2) of such Code is amended by striking ``October 1,
2021'' and inserting ``October 1, 2026''.

SEC. 302. TERMINATION OF MASS TRANSIT ACCOUNT.

Section 9503(e) of the Internal Revenue Code of 1986 is
amended--
(1) in the first sentence of paragraph (2), by inserting
``, and before October 1, 2021'' after ``March 31, 1983'',
and
(2) by adding at the end the following:
``(6) Transfer to highway account.--On the date on which
Director of the Office of Management and Budget submits the
certification under section 105(c) of the Transportation
Empowerment Act, the Secretary shall transfer all amounts in
the Mass Transit Account to the Highway Account.''.

SEC. 303. TRANSFER OF UNUSED COVID-19 APPROPRIATIONS TO THE
HIGHWAY TRUST FUND.

(a) Economic Injury Disaster Loan Subsidy.--
(1) Transfer.--Of the unobligated balances from amounts
made available under the heading ``Small Business
Administration--Disaster Loans Program Account'' in title II
of division B of the Paycheck Protection Program and Health
Care Enhancement Act (Public Law 116-139), $13,500,000,000
are hereby transferred to the Highway Trust Fund.
(2) Designation.--The amount transferred pursuant to
paragraph (1) that was previously designated by the Congress
as an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit
Control Act of 1985 is designated by the Congress as an
emergency requirement pursuant to section 4112(a) of H. Con.
Res. 71 (115th Congress), the concurrent resolution on the
budget for fiscal year 2018, and to section 251(b) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
(b) Targeted EIDL Advance.--
(1) Of the unobligated balances from amounts made available
under the heading ``Small Business Administration--Targeted
EIDL Advance'' in section 323(d)(1)(D) of division N of the
Consolidated Appropriations Act, 2021 (Public Law 116-260),
$17,578,000,000 are hereby transferred to the Highway Trust
Fund.
(2) The unobligated balances from amounts made available in
section 5002(b) of the American Rescue Plan Act of 2021
(Public Law 117-2) are hereby transferred to the Highway
Trust Fund.
(c) Economic Stabilization Program.--Of the unobligated
balances from amounts made available in section 4027(a) of
the Coronavirus Aid, Relief, and Economic Security Act (15
U.S.C. 9601), $1,366,100,000 are hereby transferred to the
Highway Trust Fund.
(d) Business Loans Program Account.--
(1) Of the unobligated balances from amounts made available
under the heading ``Small Business Administration--Business
Loans Program Account, CARES Act'' in section 1107(a)(1) of
the Coronavirus Aid, Relief, and Economic Security Act
(Public Law 116-136), as amended by section 101(a)(2) of
division A of the Paycheck Protection Program and Health Care
Enhancement Act (Public Law 116-139), and in section
323(d)(1)(A) of division N of the Consolidated Appropriations
Act, 2021 (Public Law 116-260) for carrying out paragraphs
(36) and (37) of section 7(a) of the Small Business Act (15
U.S.C. 636(a)), $4,684,000,000 are hereby transferred to the
Highway Trust Fund.
(2) Of the unobligated balances from amounts made available
under the heading ``Small Business Administration--Business
Loans Program Account'' in section 323(d)(1)(F) of division N
of the Consolidated Appropriations Act, 2021 (Public Law 116-
260), $992,000,000 are hereby transferred to the Highway
Trust Fund.
(e) Pandemic Relief for Aviation Workers, Coronavirus Aid,
Relief, and Economic Security Act (CARES Act).--Of the
unobligated balances from amounts made available in section
4120 of the Coronavirus Aid, Relief, and Economic Security
Act (15 U.S.C. 9080), $3,000,000,000 are hereby transferred
to the Highway Trust Fund.
(f) Education Stabilization Fund.--
(1) Transfer.--Of the unobligated balances from amounts
made available under the heading ``Education Stabilization
Fund'' in title VIII of division B of the Coronavirus Aid,
Relief, and Economic Security Act (Public Law 116-136) and in
title III of division M of the Consolidated Appropriations
Act, 2021 (Public Law 116-260) that were reserved for the
Higher Education Emergency Relief Fund by sections
18004(a)(1) and 18004(a)(2) of division B of the Coronavirus
Aid, Relief, and Economic Security Act (Public Law 116-136)
and sections 314(a)(1), 314(a)(2), and 314(a)(4) of division
M of the Consolidated Appropriations Act, 2021 (Public Law
116-260), $353,400,000 are hereby transferred to the Highway
Trust Fund.
(2) Designation.--The amount transferred pursuant to
paragraph (1) that was previously designated by the Congress
as an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit
Control Act of 1985 is designated by the Congress as an
emergency requirement pursuant to section 4112(a) of H. Con.
Res. 71 (115th Congress), the concurrent resolution on the
budget for fiscal year 2018, and to section 251(b) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
(g) Small Business Administration, Salaries and Expenses.--

[[Page S5656]]

(1) Rescission.--Of the unobligated balances from amounts
made available under the heading ``Small Business
Administration--Salaries and Expenses'' in section 1107(a)(2)
of the Coronavirus Aid, Relief, and Economic Security Act
(Public Law 116-136), in title II of division B of the
Paycheck Protection Program and Health Care Enhancement Act
(Public Law 116-139), and in section 323(d)(1)(C) of division
N of the Consolidated Appropriations Act, 2021 (Public Law
116-260), $175,000,000 are hereby transferred to the Highway
Trust Fund.
(2) Designation.--The amount transferred pursuant to
paragraph (1) that was previously designated by the Congress
as an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit
Control Act of 1985 is designated by the Congress as an
emergency requirement pursuant to section 4112(a) of H. Con.
Res. 71 (115th Congress), the concurrent resolution on the
budget for fiscal year 2018, and to section 251(b) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
(h) Pandemic Relief for Aviation Workers.--Of the
unobligated balances from amounts made available in section
411 of subtitle A of title IV of division N of the
Consolidated Appropriations Act, 2021 (15 U.S.C. 9101),
$200,000,000 are hereby transferred to the Highway Trust
Fund.
(i) Conforming Amendment.--Section 9503(f) of the Internal
Revenue Code of 1986 is amended by redesignating paragraph
(11) as paragraph (12) and by inserting after paragraph (10)
the following new paragraph:
``(11) Transfer of unused covid-19 appropriations.--There
is hereby transferred to the Highway Trust Fund the amounts
described in subsections (a) through (h) of section 303 of
the Transportation Empowerment Act.''.

SEC. 304. TERMINATION OF EMPLOYEE RETENTION CREDIT FOR
EMPLOYERS SUBJECT TO CLOSURE DUE TO COVID-19.

(a) Termination of Credit.--
(1) In general.--Section 3134 of the Internal Revenue Code
of 1986 is amended--
(A) in subsection (c)(5)--
(i) in subparagraph (A), by adding ``and'' at the end,
(ii) in subparagraph (B), by striking ``, and'' at the end
and inserting a period, and
(iii) by striking subparagraph (C), and
(B) in subsection (n), by striking ``January 1, 2022'' and
inserting ``October 1, 2021 (or, in the case of wages paid by
an eligible employer which is a recovery startup business,
January 1, 2022)''.
(2) Effective date.--The amendments made by this subsection
shall apply to calendar quarters beginning after September
30, 2021.
(b) Transfers of Savings to the Highway Trust Fund.--
Section 9503(f) of the Internal Revenue Code of 1986, as
amended by section 303(i), is further amended by
redesignating paragraph (12) as paragraph (13) and by
inserting after paragraph (11) the following new paragraph:
``(12) Savings from termination of employee retention
credit for employers subject to closure due to covid-19.--
There are hereby appropriated to the Highway Trust Fund
amounts equivalent to savings achieved as a result of the
amendments made by section 304 of the Transportation
Empowerment Act, as estimated by the Secretary.''.

SEC. 305. TRANSFER OF UNUSED CORONAVIRUS STATE AND LOCAL
FISCAL RECOVERY FUNDS TO THE HIGHWAY TRUST
FUND.

(a) Transfer of Funds.--
(1) In general.--Of the unobligated balances of the amounts
appropriated under sections 602(a) and 603(a) of the Social
Security Act (42 U.S.C. 802(a), 803(a)) as of the date of
enactment of this Act, $70,000,000,000 are hereby transferred
to the Highway Trust Fund.
(2) Apportionment.--In carrying out paragraph (1), the
Secretary of the Treasury shall transfer the funds specified
in such paragraph from the unobligated balances of the
amounts appropriated under sections 602(a)(1) and 603(a) of
such Act in equal proportion to the greatest extent
practicable.
(b) Conforming Amendments.--
(1) Coronavirus state fiscal recovery fund.--Section
602(b)(4) of the Social Security Act (42 U.S.C. 802(b)(4)) is
amended to read as follows:
``(4) Adjustment authority.--The amounts otherwise
determined for allocation and payment under paragraphs (1),
(2), and (3)--
``(A) shall be adjusted by the Secretary on a pro rata
basis to the extent necessary to carry out the transfer of
funds required under section 305(a) of the Transportation
Empowerment Act; and
``(B) may be adjusted by the Secretary on a pro rata basis
to the extent necessary to ensure that all available funds
are allocated to States, territories, and Tribal governments
in accordance with the requirements specified in each such
paragraph (as applicable).''.
(2) Coronavirus local fiscal recovery fund.--Section
603(b)(5) of the Social Security Act (42 U.S.C. 803(b)(5) is
amended to read as follows:
``(5) Adjustment authority.--The amounts otherwise
determined for allocation and payment under paragraphs (1),
(2), and (3)--
``(A) shall be adjusted by the Secretary on a pro rata
basis to the extent necessary to carry out the transfer of
funds required under section 305(a) of the Transportation
Empowerment Act; and
``(B) may be adjusted by the Secretary on a pro rata basis
to the extent necessary to ensure that all available funds
are distributed to metropolitan cities, counties, and States
in accordance with the requirements specified in each
paragraph (as applicable) and the certification requirement
specified in subsection (d).''.
(c) Conforming Amendment.--Section 9503(f) of the Internal
Revenue Code of 1986, as amended by section 304(b), is
further amended by redesignating paragraph (13) as paragraph
(14) and by inserting after paragraph (12) the following new
paragraph:
``(13) Transfer of unused covid-19 appropriations.--There
is hereby transferred to the Highway Trust Fund the amounts
described in section 305(a) of the Transportation Empowerment
Act.''.

Subtitle B--Highway Related Taxes

SEC. 311. REDUCTION IN TAXES ON GASOLINE, DIESEL FUEL,
KEROSENE, AND SPECIAL FUELS FUNDING HIGHWAY
TRUST FUND.

(a) Reduction in Tax Rate.--
(1) In general.--Section 4081(a)(2)(A) of the Internal
Revenue Code of 1986 is amended--
(A) in clause (i), by striking ``18.3 cents'' and inserting
``7 cents'', and
(B) in clause (iii), by striking ``24.3 cents'' and
inserting ``8.3 cents''.
(2) Conforming amendments.--
(A) Section 4081(a)(2)(D) of such Code is amended--
(i) by striking ``19.7 cents'' and inserting ``6.7 cents'',
and
(ii) by striking ``24.3 cents'' and inserting ``8.3
cents''.
(B) Section 6427(b)(2)(A) of such Code is amended by
striking ``7.4 cents'' and inserting ``2.5 cents''.
(b) Additional Conforming Amendments.--
(1) Section 4041(a)(1)(C)(iii)(I) of the Internal Revenue
Code of 1986 is amended by striking ``7.3 cents per gallon
(4.3 cents per gallon after'' and inserting ``1.5 cents per
gallon (zero cents per gallon after''.
(2) Section 4041(a)(2)(B)(ii) of such Code is amended by
striking ``18.3 cents'' and inserting ``7 cents''.
(3) Clauses (iii) and (iv) of section 4041(a)(2)(B) of such
Code are each amended by striking ``24.3 cents'' and
inserting ``8.3 cents''.
(4) Section 4041(a)(3)(A) of such Code is amended by
striking ``18.3 cents'' and inserting ``7 cents''.
(5) Section 4041(m)(1) of such Code is amended--
(A) in subparagraph (A)(i), by striking ``9.15 cents'' and
inserting ``3.1 cents'',
(B) in subparagraph (A)(ii), by striking ``11.3 cents'' and
inserting ``3.9 cents'', and
(C) in subparagraph (B), by striking all after ``2022'' and
inserting ``, zero cents per gallon.''.
(6) Section 4081(d)(1) of such Code is amended by striking
``4.3 cents per gallon'' and inserting ``zero cents per
gallon''.
(c) Floor Stock Refunds.--
(1) In general.--If--
(A) before the applicable date, tax has been imposed under
section 4081 of the Internal Revenue Code of 1986 on any
liquid, and
(B) on such date such liquid is held by a dealer and has
not been used and is intended for sale;
there shall be credited or refunded (without interest) to the
person who paid such tax (in this subsection referred to as
the ``taxpayer'') an amount equal to the excess of the tax
paid by the taxpayer over the amount of such tax which would
be imposed on such liquid had the taxable event occurred on
such date.
(2) Time for filing claims.--No credit or refund shall be
allowed or made under this subsection unless--
(A) claim therefor is filed with the Secretary of the
Treasury before the date that is 6 months after the
applicable date, and
(B) in any case where liquid is held by a dealer (other
than the taxpayer) on the applicable date--
(i) the dealer submits a request for refund or credit to
the taxpayer before the date that is 3 months after the
applicable date, and
(ii) the taxpayer has repaid or agreed to repay the amount
so claimed to such dealer or has obtained the written consent
of such dealer to the allowance of the credit or the making
of the refund.
(3) Exception for fuel held in retail stocks.--No credit or
refund shall be allowed under this subsection with respect to
any liquid in retail stocks held at the place where intended
to be sold at retail.
(4) Definitions.--For purposes of this subsection--
(A) Applicable date.--The term ``applicable date'' means
the first day of the first calendar quarter beginning after
the date of the enactment of this Act.
(B) Other terms.--The terms ``dealer'' and ``held by a
dealer'' have the respective meanings given to such terms by
section 6412 of such Code; except that the term ``dealer''
includes a producer.
(5) Certain rules to apply.--Rules similar to the rules of
subsections (b) and (c) of section 6412 and sections 6206 and
6675 of such Code shall apply for purposes of this
subsection.
(d) Effective Dates.--
(1) In general.--Except as provided in paragraphs (2), the
amendments made by this section shall apply to fuel removed
on or

[[Page S5657]]

after the first day of the first calendar quarter beginning
after the date of the enactment of this Act.
(2) Certain conforming amendments.--The amendments made by
paragraphs (1), (2), (3), (4), and (5) of subsection (b)
shall apply to fuel sold or used after the first day of the
first calendar quarter beginning after the date of the
enactment of this Act.

SEC. 312. EXTENSION OF HIGHWAY-RELATED TAXES.

(a) In General.--
(1) Each of the following provisions of the Internal
Revenue Code of 1986 is amended by striking ``September 30,
2022'' and inserting ``September 30, 2027'':
(A) Section 4041(a)(1)(C)(iii)(I).
(B) Section 4041(m)(1)(B).
(C) Section 4081(d)(1).
(2) Each of the following provisions of such Code is
amended by striking ``October 1, 2022'' and inserting
``October 1, 2027'':
(A) Section 4041(m)(1)(A).
(B) Section 4051(c).
(C) Section 4071(d).
(D) Section 4081(d)(3).
(b) Extension of Tax, etc., on Use of Certain Heavy
Vehicles.--Each of the following provisions of the Internal
Revenue Code of 1986 is amended by striking ``2023'' each
place it appears and inserting ``2028'':
(1) Section 4481(f).
(2) Subsections (c)(4) and (d) of section 4482.
(c) Floor Stocks Refunds.--Section 6412(a)(1) of the
Internal Revenue Code of 1986 is amended--
(1) by striking ``October 1, 2022'' each place it appears
and inserting ``October 1, 2027'',
(2) by striking ``March 31, 2023'' each place it appears
and inserting ``March 31, 2027'', and
(3) by striking ``January 1, 2023'' and inserting ``January
1, 2028''.
(d) Extension of Certain Exemptions.--
(1) Section 4221(a) of the Internal Revenue Code of 1986 is
amended by striking ``October 1, 2022'' and inserting
``October 1, 2027''.
(2) Section 4483(i) of such Code is amended by striking
``October 1, 2023'' and inserting ``October 1, 2028''.
(e) Extension of Transfers of Certain Taxes.--
(1) In general.--Section 9503 of the Internal Revenue Code
of 1986 is amended--
(A) in subsection (b)--
(i) by striking ``October 1, 2022'' each place it appears
in paragraphs (1) and (2) and inserting ``October 1, 2027'',
(ii) by striking ``October 1, 2022'' in the heading of
paragraph (2) and inserting ``October 1, 2027'',
(iii) by striking ``September 30, 2022'' in paragraph (2)
and inserting ``September 30, 2027'', and
(iv) by striking ``July 1, 2023'' in paragraph (2) and
inserting ``July 1, 2027'', and
(B) in subsection (c)(2), by striking ``July 1, 2023'' and
inserting ``July 1, 2028''.
(2) Small-engine fuel tax transfers.--Paragraph (4)(A) of
section 9503(c) of such Code is amended by striking ``October
1, 2022'' and inserting ``October 1, 2027''.
(f) Termination of Motorboat Fuel Tax Transfers.--
(1) In general.--Paragraph (3)(A)(i) of section 9503(c) of
such Code is amended by striking ``October 1, 2022'' and
inserting ``October 1, 2021''.
(2) Conforming amendments to land and water conservation
fund.--Section 200310 of title 54, United States Code, is
amended--
(A) by striking ``October 1, 2023'' each place it appears
and inserting ``October 1, 2022''; and
(B) by striking ``October 1, 2022'' and inserting ``October
1, 2021''.
(g) Effective Date.--The amendments made by this section
shall take effect on October 1, 2021.

TITLE IV--MISCELLANEOUS

SEC. 401. NATIONAL ENVIRONMENTAL POLICY ACT MODIFICATIONS.

(a) National Environmental Policy Act Modifications.--
(1) Applicable timelines.--Title I of the National
Environmental Policy Act of 1969 is amended--
(A) by redesignating section 105 (42 U.S.C. 4335) as
section 108; and
(B) by inserting after section 104 (42 U.S.C. 4334) the
following:

``SEC. 105. PROCESS REQUIREMENTS.

``(a) Definitions.--In this section:
``(1) Federal agency.--The term `Federal agency' includes a
State that has assumed the responsibility of a Federal agency
under--
``(A) section 107; or
``(B) section 327 of title 23, United States Code.
``(2) Head of a federal agency.--The term `head of a
Federal agency' includes the governor or head of an
applicable State agency of a State that has assumed the
responsibility of a Federal agency under--
``(A) section 107; or
``(B) section 327 of title 23, United States Code.
``(b) Applicable Timelines.--
``(1) NEPA process.--
``(A) In general.--The head of a Federal agency shall
complete the NEPA process for a proposed action of the
Federal agency, as described in section 109(3)(B)(ii), not
later than 2 years after the date described in section
109(3)(B)(i).
``(B) Environmental documents.--Within the period described
in subparagraph (A), not later than 1 year after the date
described in section 109(3)(B)(i), the head of the Federal
agency shall, with respect to the proposed action--
``(i) issue--

``(I) a finding that a categorical exclusion applies to the
proposed action; or
``(II) a finding of no significant impact; or

``(ii) publish a notice of intent to prepare an
environmental impact statement in the Federal Register.
``(C) Environmental impact statement.--If the head of a
Federal agency publishes a notice of intent described in
subparagraph (B)(ii), within the period described in
subparagraph (A) and not later than 1 year after the date on
which the head of the Federal agency publishes the notice of
intent, the head of the Federal agency shall complete the
environmental impact statement and, if necessary, any
supplemental environmental impact statement for the proposed
action.
``(D) Penalties.--
``(i) Definitions.--In this subparagraph:

``(I) Director.--The term `Director' means the Director of
the Office of Management and Budget.
``(II) Federal agency.--The term `Federal agency' does not
include a State.
``(III) Final nepa compliance date.--The term `final NEPA
compliance date', with respect to a proposed action, means
the date by which the head of a Federal agency is required to
complete the NEPA process under subparagraph (A).
``(IV) Head of a federal agency.--The term `head of a
Federal agency' does not include the governor or head of a
State agency of a State.
``(V) Initial eis compliance date.--The term `initial EIS
compliance date', with respect to a proposed action for which
a Federal agency published a notice of intent described in
subparagraph (B)(ii), means the date by which an
environmental impact statement for that proposed action is
required to be completed under subparagraph (C).
``(VI) Initial nepa compliance date.--The term `initial
NEPA compliance date', with respect to a proposed action,
means the date by which the head of a Federal agency is
required to issue or publish a document described in
subparagraph (B) for that proposed action under that
subparagraph.
``(VII) Initial noncompliance determination.--The term
`initial noncompliance determination' means a determination
under clause (ii)(I)(bb) that the head of a Federal agency
has not complied with the requirements of subparagraph (A),
(B), or (C).

``(ii) Initial noncompliance.--

``(I) Determination.--

``(aa) Notification.--As soon as practicable after the date
described in section 109(3)(B)(i) for a proposed action of a
Federal agency, the head of the Federal agency shall notify
the Director that the head of the Federal agency is beginning
the NEPA process for that proposed action.
``(bb) Determinations of compliance.--
``(AA) Initial determination.--As soon as practicable after
the initial NEPA compliance date for a proposed action, the
Director shall determine whether, as of the initial NEPA
compliance date, the head of the Federal agency has complied
with subparagraph (B) for that proposed action.
``(BB) Environmental impact statement.--With respect to a
proposed action of a Federal agency in which the head of the
Federal agency publishes a notice of intent described in
subparagraph (B)(ii), as soon as practicable after the
initial EIS compliance date for a proposed action, the
Director shall determine whether, as of the initial EIS
compliance date, the head of the Federal agency has complied
with subparagraph (C) for that proposed action.
``(CC) Completion of nepa process.--As soon as practicable
after the final NEPA compliance date for a proposed action,
the Director shall determine whether, as of the final NEPA
compliance date, the head of the Federal agency has complied
with subparagraph (A) for that proposed action.

``(II) Identification; penalty; notification.--If the
Director makes an initial noncompliance determination for a
proposed action--

``(aa) the Director shall identify the account for the
salaries and expenses of the office of the head of the
Federal agency, or an equivalent account;
``(bb) beginning on the day after the date on which the
Director makes the initial noncompliance determination, the
amount that the head of the Federal agency may obligate from
the account identified under item (aa) for the fiscal year
during which the determination is made shall be reduced by
0.5 percent from the amount initially made available for the
account for that fiscal year; and
``(cc) the Director shall notify the head of the Federal
agency of--
``(AA) the initial noncompliance determination;
``(BB) the account identified under item (aa); and
``(CC) the reduction under item (bb).
``(iii) Continued noncompliance.--

``(I) Determination.--Every 90 days after the date of an
initial noncompliance determination, the Director shall
determine whether the head of the Federal agency has complied
with the applicable requirements of subparagraphs (A) through
(C) for the proposed action, until the date on which the
Director determines that the head of the Federal agency has
completed the NEPA process for the proposed action.
``(II) Penalty; notification.--For each determination made
by the Director under subclause (I) that the head of a
Federal agency

[[Page S5658]]

has not complied with a requirement of subparagraph (A), (B),
or (C) for a proposed action--

``(aa) the amount that the head of the Federal agency may
obligate from the account identified under clause
(ii)(II)(aa) for the fiscal year during which the most recent
determination under subclause (I) is made shall be reduced by
0.5 percent from the amount initially made available for the
account for that fiscal year; and
``(bb) the Director shall notify the head of the Federal
agency of--
``(AA) the determination under subclause (I); and
``(BB) the reduction under item (aa).
``(iv) Requirements.--

``(I) Amounts not restored.--A reduction in the amount that
the head of a Federal agency may obligate under clause
(ii)(II)(bb) or (iii)(II)(aa) during a fiscal year shall not
be restored for that fiscal year, without regard to whether
the head of a Federal agency completes the NEPA process for
the proposed action with respect to which the Director made
an initial noncompliance determination or a determination
under clause (iii)(I).
``(II) Required timelines.--The violation of subparagraph
(B) or (C), and any action carried out to remediate or
otherwise address the violation, shall not affect any other
applicable compliance date under subparagraph (A), (B), or
(C).

``(E) Unexpected circumstances.--If, while carrying out a
proposed action after the completion of the NEPA process for
that proposed action, a Federal agency or project sponsor
encounters a new or unexpected circumstance or condition that
may require the reevaluation of the proposed action under
this title, the head of the Federal agency with
responsibility for carrying out the NEPA process for the
proposed action shall--
``(i) consider whether mitigating the new or unexpected
circumstance or condition is sufficient to avoid significant
effects that may result from the circumstance or condition;
and
``(ii) if the head of the Federal agency determines under
clause (i) that the significant effects that result from the
circumstance or condition can be avoided, mitigate the
circumstance or condition without carrying out the NEPA
process again.
``(2) Authorizations and permits.--
``(A) In general.--Not later than 90 days after the date
described in section 109(3)(B)(ii), the head of a Federal
agency shall issue--
``(i) any necessary permit or authorization to carry out
the proposed action; or
``(ii) a denial of the permit or authorization necessary to
carry out the proposed action.
``(B) Effect of failure to issue authorization or permit.--
If a permit or authorization described in subparagraph (A) is
not issued or denied within the period described in that
subparagraph, the permit or authorization shall be considered
to be approved.
``(C) Denial of permit or authorization.--
``(i) In general.--If a permit or authorization described
in subparagraph (A) is denied, the head of the Federal agency
shall describe to the project sponsor--

``(I) the basis of the denial; and
``(II) recommendations for the project sponsor with respect
to how to address the reasons for the denial.

``(ii) Recommended changes.--If the project sponsor carries
out the recommendations of the head of the Federal agency
under clause (i)(II) and notifies the head of the Federal
agency that the recommendations have been carried out, the
head of the Federal agency--

``(I) shall decide whether to issue the permit or
authorization described in subparagraph (A) not later than 90
days after date on which the project sponsor submitted the
notification; and
``(II) shall not carry out the NEPA process with respect to
the proposed action again.''.

(2) Agency process reforms.--Section 105 of the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) (as
added by paragraph (1)(B)) is amended by adding at the end
the following:
``(c) Prohibitions.--In carrying out the NEPA process, the
head of a Federal agency may not--
``(1) consider whether a proposed action or an alternative
to the proposed action considered by the head of the Federal
agency, including the design, environmental impact,
mitigation measures, or adaptation measures of the proposed
action or alternative to the proposed action, has an effect
on climate change;
``(2) with respect to a proposed action or an alternative
to the proposed action considered by the head of the Federal
agency, consider the effects of the emission of greenhouse
gases on climate change;
``(3) consider an alternative to the proposed action if the
proposed action is not technically or economically feasible
to the project sponsor; or
``(4) consider an alternative to the proposed action that
is not within the jurisdiction of the Federal agency.
``(d) Environmental Documents.--
``(1) EIS required.--In carrying out the NEPA process for a
proposed action that requires the preparation of an
environmental impact statement, the head of a Federal agency
shall produce for the proposed action not more than 1--
``(A) environmental impact statement;
``(B) if necessary, environmental assessment; and
``(C) record of decision.
``(2) EIS not required.--In carrying out the NEPA process
for a proposed action that does not require the preparation
of an environmental impact statement, the head of a Federal
agency shall produce for the proposed action not more than
1--
``(A) environmental assessment; or
``(B) finding of no significant impact.
``(e) Categorical Exclusions.--
``(1) In general.--Notwithstanding any other provision of
law and subject to paragraph (2), the head of a Federal
agency may, without further approval, use a categorical
exclusion under this title that has been approved by--
``(A)(i) another Federal agency; and
``(ii) the Council on Environmental Quality; or
``(B) an Act of Congress.
``(2) Requirements.--The head of a Federal agency may use a
categorical exclusion described in paragraph (1) if the head
of the Federal agency--
``(A) carefully reviews the description of the proposed
action to ensure that it fits within the category of actions
described in the categorical exclusion; and
``(B) considers the circumstances associated with the
proposed action to ensure that there are no extraordinary
circumstances that warrant the preparation of an
environmental assessment or an environmental impact
statement.
``(3) Extraordinary circumstances.--If the head of a
Federal agency determines that extraordinary circumstances
are present with respect to a proposed action, the head of
the Federal agency shall--
``(A) consider whether mitigating circumstances or other
conditions are sufficient to avoid significant effects of the
proposed action; and
``(B) if the head of the Federal agency determines that
those significant effects can be avoided, apply a categorical
exclusion to the proposed action.
``(f) Reuse of Work; Documents Prepared by Qualified 3rd
Parties.--
``(1) In general.--In carrying out the NEPA process for a
proposed action--
``(A) subject to paragraph (2), the head of a Federal
agency shall--
``(i) use any applicable findings and research from a prior
NEPA process of any Federal agency; and
``(ii) incorporate the findings and research described in
clause (i) into any applicable analysis under the NEPA
process; and
``(B) a Federal agency may adopt as an environmental impact
statement, environmental assessment, or other environmental
document to achieve compliance with this title--
``(i) an environmental document prepared under the law of
the applicable State if the head of the Federal agency
determines that the environmental laws of the applicable
State--

``(I) provide the same level of environmental analysis as
the analysis required under this title; and
``(II) allow for the opportunity of public comment; or

``(ii) subject to paragraph (3), an environmental document
prepared by a qualified third party chosen by the project
sponsor, at the expense of the project sponsor, if the head
of the Federal agency--

``(I) provides oversight of the preparation of the
environmental document by the third party; and
``(II) independently evaluates the environmental document
for the compliance of the environmental document with this
title.

``(2) Requirement for the reuse of findings and research.--
The head of a Federal agency may reuse the applicable
findings and research described in paragraph (1)(A) if--
``(A)(i) the project for which the head of the Federal
agency is seeking to reuse the findings and research was in
close geographic proximity to the proposed action; and
``(ii) the head of the Federal agency determines that the
conditions under which the applicable findings and research
were issued have not substantially changed; or
``(B)(i) the project for which the head of the Federal
agency is seeking to reuse the findings and research was not
in close geographic proximity to the proposed action; and
``(ii) the head of the Federal agency determines that the
proposed action has similar issues or decisions as the
project.
``(3) Requirements for creation of environmental document
by qualified 3rd parties.--
``(A) In general.--A qualified third party may prepare an
environmental document intended to be adopted by a Federal
agency as the environmental impact statement, environmental
assessment, or other environmental document for a proposed
action under paragraph (1)(B)(ii) if--
``(i) the project sponsor submits a written request to the
head of the applicable Federal agency that the head of the
Federal agency approve the qualified third party to create
the document intended to be adopted by a Federal agency as
the environmental impact statement, environmental assessment,
or other environmental document; and
``(ii) the head of the Federal agency determines that--

``(I) the third party is qualified to prepare the document;
and
``(II) the third party has no financial or other interest
in the outcome of the proposed action.

``(B) Deadline.--The head of a Federal agency that receives
a written request under

[[Page S5659]]

subparagraph (A)(i) shall issue a written decision approving
or denying the request not later than 30 days after the date
on which the written request is received.
``(C) No prior work.--The head of a Federal agency may not
adopt an environmental document under paragraph (1)(B)(ii) if
the qualified third party began preparing the document prior
to the date on which the head of the Federal agency issues
the written decision under subparagraph (B) approving the
request.
``(D) Denials.--If the head of a Federal agency issues a
written decision denying the request under subparagraph
(A)(i), the head of the Federal agency shall submit to the
project sponsor with the written decision the findings that
served as the basis of the denial.
``(g) Multi-Agency Projects.--
``(1) Definitions.--In this subsection:
``(A) Cooperating agency.--The term `cooperating agency'
means a Federal agency involved in a proposed action that--
``(i) is not the lead agency; and
``(ii) has the jurisdiction or special expertise such that
the Federal agency needs to be consulted--

``(I) to use a categorical exclusion; or
``(II) to prepare an environmental assessment or
environmental impact statement, as applicable.

``(B) Lead agency.--The term `lead agency' means the
Federal agency selected under paragraph (2)(A).
``(2) Agency designation.--
``(A) Lead agency.--In carrying out the NEPA process for a
proposed action that requires authorization from multiple
Federal agencies, the heads of the applicable Federal
agencies shall determine the lead agency for the proposed
action.
``(B) Invitation.--The head of the lead agency may invite
any relevant State, local, or Tribal agency with Federal
authorization decision responsibility to be a cooperating
agency.
``(3) Responsibilities of lead agency.--The lead agency for
a proposed action shall--
``(A) as soon as practicable and in consultation with the
cooperating agencies, determine whether a proposed action
requires the preparation of an environmental impact
statement; and
``(B) if the head of the lead agency determines under
subparagraph (A) that an environmental impact statement is
necessary--
``(i) be responsible for coordinating the preparation of an
environmental impact statement;
``(ii) provide cooperating agencies with an opportunity to
review and contribute to the preparation of the environmental
impact statement and environmental assessment, as applicable,
of the proposed action, except that the cooperating agency
shall limit comments to issues within the special expertise
or jurisdiction of the cooperating agency; and
``(iii) subject to subsection (c), as soon as practicable
and in consultation with the cooperating agencies, determine
the range of alternatives to be considered for the proposed
action.
``(4) Environmental documents.--In carrying out the NEPA
process for a proposed action, the lead agency shall prepare
not more than 1 of each type of document described in
paragraph (1) or (2) of subsection (d), as applicable--
``(A) in consultation with cooperating agencies; and
``(B) for all applicable Federal agencies.
``(5) Prohibitions.--
``(A) In general.--A cooperating agency may not evaluate an
alternative to the proposed action that has not been
determined to be within the range of alternatives considered
under paragraph (3)(B)(iii).
``(B) Omission.--If a cooperating agency submits to the
lead agency an evaluation of an alternative that does not
meet the requirements of subsection (c), the lead agency
shall omit the alternative from the environmental impact
statement.
``(h) Reports.--
``(1) NEPA data.--
``(A) In general.--The head of each Federal agency that
carries out the NEPA process shall carry out a process to
track, and annually submit to Congress a report containing,
the information described in subparagraph (B).
``(B) Information described.--The information referred to
in subparagraph (A) is, with respect to the Federal agency
issuing the report under that subparagraph--
``(i) the number of proposed actions for which a
categorical exclusion was issued during the reporting period;
``(ii) the length of time the Federal agency took to issue
the categorical exclusions described in clause (i);
``(iii) the number of proposed actions pending on the date
on which the report is submitted for which the issuance of a
categorical exclusion is pending;
``(iv) the number of proposed actions for which an
environmental assessment was issued during the reporting
period;
``(v) the length of time the Federal agency took to
complete each environmental assessment described in clause
(iv);
``(vi) the number of proposed actions pending on the date
on which the report is submitted for which an environmental
assessment is being drafted;
``(vii) the number of proposed actions for which an
environmental impact statement was issued during the
reporting period;
``(viii) the length of time the Federal agency took to
complete each environmental impact statement described in
clause (vii); and
``(ix) the number of proposed actions pending on the date
on which the report is submitted for which an environmental
impact statement is being drafted.
``(2) NEPA costs.--
``(A) In general.--Not later than 1 year after the date of
enactment of this subsection, the Chair of the Council on
Environmental Quality and the Director of the Office of
Management and Budget shall jointly develop a methodology to
assess the comprehensive costs of the NEPA process.
``(B) Requirements.--The head of each Federal agency that
carries out the NEPA process shall--
``(i) adopt the methodology developed under subparagraph
(A); and
``(ii) use the methodology developed under subparagraph (A)
to annually submit to Congress a report describing--

``(I) the comprehensive cost of the NEPA process for each
proposed action that was carried out within the reporting
period; and
``(II) for a proposed action for which the head of the
Federal agency is still completing the NEPA process at the
time the report is submitted--

``(aa) the amount of money expended to date to carry out
the NEPA process for the proposed action; and
``(bb) an estimate of the remaining costs before the NEPA
process for the proposed action is complete.''.
(3) Legal reforms.--Section 105 of the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) (as
amended by paragraph (2)) is amended by adding at the end the
following:
``(i) Judicial Review.--
``(1) Standing.--Notwithstanding any other provision of
law, a plaintiff may only bring a claim arising under Federal
law seeking judicial review of a portion of the NEPA process
if the plaintiff pleads facts that allege that the plaintiff
has personally suffered, or will likely personally suffer, a
direct, tangible harm as a result of the portion of the NEPA
process for which the plaintiff is seeking review.
``(2) Statute of limitations.--
``(A) In general.--Notwithstanding any other provision of
law and except as provided in subparagraph (B)(ii), a claim
arising under Federal law seeking judicial review of any
portion of the NEPA process shall be barred unless it is
filed not later than the earlier of--
``(i) 150 days after the final agency action under the NEPA
process has been taken; and
``(ii) if applicable, an earlier date after which judicial
review is barred that is specified in the Federal law
pursuant to which the judicial review is allowed.
``(B) New information.--
``(i) Consideration.--A Federal agency shall consider for
the purpose of a supplemental environmental impact statement
new information received after the close of a comment period
if the information satisfies the requirements for a
supplemental environmental impact statement under the
regulations of the Federal agency.
``(ii) Statute of limitations based on new information.--If
a supplemental environmental impact statement is required
under the regulations of a Federal agency, a claim for
judicial review of the supplemental environmental impact
statement shall be barred unless it is filed not later than
the earlier of--

``(I) 150 days after the publication of a notice in the
Federal Register that the supplemental environmental impact
statement is final; and
``(II) if applicable, an earlier date after which judicial
review is barred that is specified in the Federal law
pursuant to which the judicial review is allowed.

``(C) Savings clause.--Nothing in this paragraph creates a
right to judicial review.
``(3) Remedies.--
``(A) Preliminary injunctions and temporary restraining
orders.--
``(i) In general.--Subject to clause (ii), in a motion for
a temporary restraining order or preliminary injunction
against a Federal agency or project sponsor in a claim
arising under Federal law seeking judicial review of any
portion of the NEPA process, the plaintiff shall establish by
clear and convincing evidence that--

``(I) the plaintiff is likely to succeed on the merits;
``(II) the plaintiff is likely to suffer irreparable harm
in the absence of the temporary restraining order or
preliminary injunction, as applicable;
``(III) the balance of equities is tipped in the favor of
the plaintiff; and
``(IV) the temporary restraining order or preliminary
injunction is in the public interest.

``(ii) Additional requirements.--A court may not grant a
motion described in clause (i) unless the court--

``(I) makes a finding of extraordinary circumstances that
warrant the granting of the motion;
``(II) considers the potential effects on public health,
safety, and the environment, and the potential for
significant negative effects on jobs resulting from granting
the motion; and
``(III) notwithstanding any other provision of law, applies
the requirements of Rule 65(c) of the Federal Rules of Civil
Procedure.

``(B) Permanent injunctions.--
``(i) In general.--Subject to clause (ii), in a motion for
a permanent injunction against a Federal agency or project
sponsor a claim

[[Page S5660]]

arising under Federal law seeking judicial review of any
portion of the NEPA process, the plaintiff shall establish by
clear and convincing evidence that--

``(I) the plaintiff has suffered an irreparable injury;
``(II) remedies available at law, including monetary
damages, are inadequate to compensate for the injury;
``(III) considering the balance of hardship between the
plaintiff and defendant, a remedy in equity is warranted;
``(IV) the public interest is not disserved by a permanent
injunction; and
``(V) if the error or omission of a Federal agency in a
statement required under this title is the grounds for which
the plaintiff is seeking judicial review, the error or
omission is likely to result in specific, irreparable damage
to the environment.

``(ii) Additional showing.--A court may not grant a motion
described in clause (i) unless--

``(I) the court makes a finding that extraordinary
circumstances exist that warrant the granting of the motion;
and
``(II) the permanent injunction is--

``(aa) as narrowly tailored as possible to correct the
injury; and
``(bb) the least intrusive means necessary to correct the
injury.''.
(4) Other reforms.--Title I of the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.) is amended by
inserting after section 105 (as amended by paragraph (3)) the
following:

``SEC. 106. EPA REVIEW.

``(a) Definition of Federal Agency.--In this section, the
term `Federal agency' includes a State that has assumed the
responsibility of a Federal agency under--
``(1) section 107; or
``(2) section 327 of title 23, United States Code.
``(b) EPA Comments.--The Administrator of the Environmental
Protection Agency (referred to in this section as the
`Administrator') may comment on a draft or final submission
of an environmental impact statement from any Federal agency.
``(c) Technical Assistance.--The Administrator may, on
request of a Federal agency preparing a draft or final
environmental impact statement, provide technical assistance
in the completion of that environmental impact statement.

``SEC. 107. PROJECT DELIVERY PROGRAMS.

``(a) Definition of Agency Program.--In this section, the
term `agency program' means a project delivery program
established by a Federal agency under subsection (b)(1).
``(b) Establishment.--
``(1) In general.--The head of each Federal agency,
including the Secretary of Transportation, shall carry out a
project delivery program.
``(2) Assumption of responsibility.--
``(A) In general.--Subject to subparagraph (B), the head of
each Federal agency shall, on request of a State, enter into
a written agreement with the State, which may be in the form
of a memorandum of understanding, in which the head of each
Federal agency may assign, and the State may assume, the
responsibilities of the head of the Federal agency under this
title with respect to 1 or more projects within the State
that are under the jurisdiction of the Federal agency.
``(B) Exception.--The head of a Federal agency shall not
enter into a written agreement under subparagraph (A) if the
head of the Federal agency determines that the State is not
in compliance with the requirements described in subsection
(c)(4).
``(C) Additional responsibility.--If a State assumes
responsibility under subparagraph (A)--
``(i) the head of the Federal agency may assign to the
State, and the State may assume, all or part of the
responsibilities of the head of the Federal agency for
environmental review, consultation, or other action required
under any Federal environmental law pertaining to the review
or approval of a specific project;
``(ii) at the request of the State, the head of the Federal
agency may also assign to the State, and the State may
assume, the responsibilities of the head of the Federal
agency under this title with respect to 1 or more projects
within the State that are under the jurisdiction of the
Federal agency; but
``(iii) the head of the Federal agency may not assign
responsibility for any conformity determination required
under section 176 of the Clean Air Act (42 U.S.C. 7506).
``(D) 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 Federal
agency.
``(E) Federal responsibility.--Any responsibility of a
Federal agency not explicitly assumed by the State by written
agreement under subparagraph (A) shall remain the
responsibility of the Federal agency.
``(F) No effect on authority.--Nothing in this section
preempts or interferes with any power, jurisdiction,
responsibility, or authority of an agency, other than the
Federal agency for which the written agreement applies, under
applicable law (including regulations) with respect to a
project.
``(G) Preservation of flexibility.--The head of the Federal
agency may not require a State, as a condition of
participation in the agency program of the Federal agency, to
forego project delivery methods that are otherwise
permissible for projects under applicable law.
``(H) Legal fees.--A State assuming the responsibilities of
a Federal agency under this section for a specific project
may use funds awarded to the State for that project for
attorneys' fees directly attributable to eligible activities
associated with the project.
``(c) State Participation.--
``(1) Participating states.--Except as provided in
subsection (b)(2)(B), all States are eligible to participate
in an agency program.
``(2) Application.--Not later than 270 days after the date
of enactment of this section, the head of each Federal agency
shall amend, as appropriate, regulations that establish
requirements relating to information required to be contained
in any application of a State to participate in the agency
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 agency program;
``(B) verification of the financial resources necessary to
carry out the authority that may be granted under the agency
program; and
``(C) evidence of the notice and solicitation of public
comment by the State relating to participation of the State
in the agency 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 an agency 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 head of a Federal agency may
approve the application of a State under this section only
if--
``(A) the regulatory requirements under paragraph (2) have
been met;
``(B) the head of the Federal agency 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 the project enters into a written agreement
with the head of the Federal agency as described in
subsection (d).
``(5) Other federal agency views.--If a State applies to
assume a responsibility of the Federal agency that would have
required the head of the Federal agency to consult with the
head of another Federal agency, the head of the Federal
agency shall solicit the views of the head of the other
Federal agency before approving the application.
``(d) Written Agreement.--A written agreement under
subsection (b)(2)(A) shall--
``(1) be executed by the Governor or the top-ranking
official in the State who is charged with responsibility for
the project;
``(2) be in such form as the head of the Federal agency may
prescribe;
``(3) provide that the State--
``(A) agrees to assume all or part of the responsibilities
of the Federal agency described in subparagraphs (A) and (C)
of subsection (b)(2);
``(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
Federal agency 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;
``(4) require the State to provide to the head of the
Federal agency any information the head of the Federal agency
reasonably considers necessary to ensure that the State is
adequately carrying out the responsibilities assigned to the
State;
``(5) have a term of not more than 5 years; and
``(6) be renewable.
``(e) 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 head of a Federal agency had the head of the
Federal agency taken the actions in question.
``(3) Intervention.--The head of a Federal agency shall
have the right to intervene in any action described in
paragraph (1).
``(f) Effect of Assumption of Responsibility.--A State that
assumes responsibility under subsection (b)(2) shall be
solely responsible and solely liable for carrying out, in
lieu of and without further approval of the

[[Page S5661]]

head of the Federal agency, the responsibilities assumed
under subsection (b)(2), until the agency program is
terminated under subsection (k).
``(g) Limitations on Agreements.--Nothing in this section
permits a State to assume any rulemaking authority of the
head of a Federal agency under any Federal law.
``(h) Audits.--
``(1) In general.--To ensure compliance by a State with any
agreement of the State under subsection (d) (including
compliance by the State with all Federal laws for which
responsibility is assumed under subsection (b)(2)), for each
State participating in an agency program, the head of a
Federal agency shall--
``(A) not later than 180 days after the date of execution
of the agreement, meet with the State to review
implementation of the agreement and discuss plans for the
first annual audit;
``(B) conduct annual audits during each of the first 4
years of State participation; and
``(C) ensure that the time period for completing an annual
audit, from initiation to completion (including public
comment and responses to those comments), does not exceed 180
days.
``(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 head of the
Federal agency shall respond to public comments received
under subparagraph (A).
``(3) Audit team.--
``(A) In general.--An audit conducted under paragraph (1)
shall be carried out by an audit team determined by the head
of the Federal agency, in consultation with the State, in
accordance with subparagraph (B).
``(B) Consultation.--Consultation with the State under
subparagraph (A) shall include a reasonable opportunity for
the State to review and provide comments on the proposed
members of the audit team.
``(i) Monitoring.--After the fourth year of the
participation of a State in an agency program, the head of
the Federal agency shall monitor compliance by the State with
the written agreement, including the provision by the State
of financial resources to carry out the written agreement.
``(j) Report to Congress.--The head of each Federal agency
shall submit to Congress an annual report that describes the
administration of the agency program.
``(k) Termination.--
``(1) Termination by federal agency.--The head of a Federal
agency may terminate the participation of any State in the
agency program of the Federal agency if--
``(A) the head of the Federal agency determines that the
State is not adequately carrying out the responsibilities
assigned to the State;
``(B) the head of the Federal agency provides to the
State--
``(i) a notification of the determination of noncompliance;
``(ii) a period of not less than 120 days to take such
corrective action as the head of the Federal agency
determines to be necessary to comply with the applicable
agreement; and
``(iii) on request of the Governor of the State, a detailed
description of each responsibility in need of corrective
action regarding an inadequacy identified under subparagraph
(A); and
``(C) the State, after the notification and period provided
under subparagraph (B), fails to take satisfactory corrective
action, as determined by the head of the Federal agency.
``(2) Termination by the state.--A State may terminate the
participation of the State in an agency program at any time
by providing to the head of the applicable Federal agency a
notice by not later than the date that is 90 days before the
date of termination, and subject to such terms and conditions
as the head of the Federal agency may provide.
``(l) Capacity Building.--The head of a Federal agency, in
cooperation with representatives of State officials, may
carry out education, training, peer-exchange, and other
initiatives as appropriate--
``(1) to assist States in developing the capacity to
participate in the agency program of the Federal agency; and
``(2) to promote information sharing and collaboration
among States that are participating in the agency program of
the Federal agency.
``(m) Relationship to Locally Administered Projects.--A
State granted authority under an agency program may, as
appropriate and at the request of a local government--
``(1) exercise that authority on behalf of the local
government for a locally administered project; or
``(2) provide guidance and training on consolidating and
minimizing the documentation and environmental analyses
necessary for sponsors of a locally administered project to
comply with this title and any comparable requirements under
State law.''.
(5) Prohibition on guidance.--No Federal agency, including
the Council on Environmental Quality, may reissue the final
guidance of the Council on Environmental Quality entitled
``Final Guidance for Federal Departments and Agencies on
Consideration of Greenhouse Gas Emissions and the Effects of
Climate Change in National Environmental Policy Act Reviews''
(81 Fed. Reg. 51866 (August 5, 2016)) or substantially
similar guidance unless authorized by an Act of Congress.
(6) Definitions.--Title I of the National Environmental
Policy Act of 1969 (42 U.S.C. 4331 et seq.) (as amended by
paragraph (1)(A)) is amended by adding at the end the
following:

``SEC. 109. DEFINITIONS.

``In this title:
``(1) Environmental assessment.--The term `environmental
assessment' has the meaning given the term in section 1508.9
of title 40, Code of Federal Regulations (or a successor
regulation).
``(2) Environmental impact statement.--The term
`environmental impact statement' means a detailed statement
required under section 102(2)(C).
``(3) NEPA process.--
``(A) In general.--The term `NEPA process' means the
entirety of every process, analysis, or other measure,
including an environmental impact statement, required to be
carried out by a Federal agency under this title before the
agency undertakes a proposed action.
``(B) Period.--For purposes of subparagraph (A), the NEPA
process--
``(i) begins on the date on which the head of a Federal
agency receives an application for a proposed action from a
project sponsor; and
``(ii) ends on the date on which the Federal agency issues,
with respect to the proposed action--

``(I) a record of decision, including, if necessary, a
revised record of decision;
``(II) a finding of no significant impact; or
``(III) a categorical exclusion under this title.

``(4) Project sponsor.--The term `project sponsor' means a
Federal agency or other entity, including a private or
public-private entity, that seeks approval of a proposed
action.''.
(7) Conforming amendments.--
(A) Policy review.--Section 309 of the Clean Air Act (42
U.S.C. 7609) is repealed.
(B) Surface transportation project delivery program.--
Section 327 of title 23, United States Code, is amended--
(i) in subsection (a)(1), by striking ``The Secretary'' and
inserting ``Subject to subsection (m), the Secretary''; and
(ii) by adding at the end the following:
``(m) Sunset.--
``(1) In general.--Except as provided under paragraph (2),
the authority provided by this section terminates on the date
of enactment of this subsection.
``(2) Existing agreements.--Subject to the requirements of
this section, the Secretary may continue to enforce any
agreement entered into under this section before the date of
enactment of this subsection.''.
(b) Attorney Fees in Environmental Litigation.--
(1) Administrative procedure.--Section 504(b)(1) of title
5, United States Code, is amended--
(A) in subparagraph (E), by striking ``and'' at the end;
(B) in subparagraph (F), by striking the period at the end
and inserting ``; and''; and
(C) by adding at the end the following:
``(G) `special factor' does not include knowledge,
expertise, or skill in environmental litigation.''.
(2) United states as party.--Section 2412(d)(2) of title
28, United States Code, is amended--
(A) in subparagraph (H), by striking ``and'' at the end;
(B) in subparagraph (I), by striking the period at the end
and inserting ``; and''; and
(C) by adding at the end the following:
``(J) `special factor' does not include knowledge,
expertise, or skill in environmental litigation.''.

SEC. 402. REPEAL OF DAVIS-BACON WAGE REQUIREMENTS.

(a) In General.--Subchapter IV of chapter 31 of title 40,
United States Code, is repealed.
(b) References.--Any reference in any law to a requirement
under subchapter IV of chapter 31 of title 40, United States
Code, shall be null and void.
(c) Effective Date and Limitation.--This section, and the
amendment made by this section, shall take effect 30 days
after the date of enactment of this Act but shall not affect
any contract that is--
(1) in existence on the date that is 30 days after such
date of enactment; or
(2) made pursuant to an invitation for bids outstanding on
the date that is 30 days after such date of enactment.
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