S 3284
Streamline Transit Projects Act
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Bill overview
The Streamline Transit Projects Act aims to expedite transit projects by allowing eligible transit agencies to take on certain environmental review responsibilities under the National Environmental Policy Act (NEPA). Specifically, the bill would enable agencies with over 200,000 residents to determine if certain project activities qualify for categorical exclusions, reducing the need for full environmental impact statements. The act also establishes a framework for memoranda of understanding between the Secretary of Transportation and these agencies, outlining responsibilities and monitoring procedures.
Key provisions
- Allows eligible transit agencies (over 200,000 residents) to determine categorical exclusions for certain project activities.
- Establishes criteria for these agencies to use in making categorical exclusion determinations, including public availability of information.
- Creates memoranda of understanding between the Secretary of Transportation and eligible agencies to define responsibilities and terms.
- Provides for technical assistance and training to eligible agencies assuming these responsibilities.
- Sets a term of 3 to 5 years for memoranda of understanding, with potential for renewal.
- Allows eligible agencies to consent to federal court jurisdiction for compliance with assigned responsibilities.
- Grants eligible agencies the ability to use project funds for attorney's fees related to environmental compliance.
- Provides a process for the Secretary to terminate assignments if agencies fail to meet requirements.
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119th CONGRESS — 1st Session
S. 3284
IN THE SENATE OF THE UNITED STATES
A BILL
To amend chapter 53 of title 49, United States Code, to allow funding recipients to assume certain responsibilities relating to the National Environmental Policy Act of 1969.
This Act may be cited as the Streamline Transit Projects Act
.
Chapter 53 of title 49, United States Code, is amended by inserting after section 5321 the following:
In this section, the term eligible recipient means a direct recipient of funds under this chapter that—
The Secretary may assign to an eligible recipient, and an eligible recipient may assume, responsibility for determining whether certain designated activities are included within classes of action identified by the Secretary that are categorically excluded from requirements for environmental assessments or environmental impact statements pursuant to the interim final rule promulgated by the Secretary at part 771 of title 23, Code of Federal Regulations, or any successor regulation.
A determination described in paragraph (1)—
The criteria under paragraph (2)(A) shall include provisions for public availability of information consistent with section 552 of title 5 and the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
The Secretary may not require an eligible recipient, as a condition of assuming responsibility under this section, to forego project delivery methods that are otherwise permissible for transit projects.
An eligible recipient that assumes responsibility under paragraph (1) with respect to a Federal law shall be solely responsible and solely liable for complying with and carrying out that law, and the Secretary shall have no such responsibility or liability.
The Secretary and an eligible recipient, after providing public notice and opportunity for comment, shall enter into a memorandum of understanding setting forth the responsibilities to be assigned under this section and the terms and conditions under which the assignments are made, including establishment of the circumstances under which the Secretary would reassume responsibility for categorical exclusion determinations.
Upon request by an eligible recipient, the Secretary shall provide to the eligible recipient technical assistance, training, or other support relating to—
assuming responsibility under subsection (b);
developing a memorandum of understanding under this subsection; or
addressing a responsibility in need of corrective action under subsection (e)(1)(B).
A memorandum of understanding under this subsection—
except as provided under subparagraph (C), shall have a term of not more than 3 years;
shall be renewable; and
for an eligible recipient that has assumed the responsibility for categorical exclusions under this section for a period of not less than 10 years, shall have a term of 5 years.
In a memorandum of understanding under this subsection, the eligible recipient shall consent to accept the jurisdiction of the Federal courts for the compliance, discharge, and enforcement of any responsibility of the Secretary that the eligible recipient assumes.
The Secretary shall—
monitor—
take into account the performance by the eligible recipient when considering renewal of the memorandum of understanding.
The Secretary may terminate the assignment of responsibilities to an eligible recipient under this section if—
the Secretary determines that the eligible recipient is not adequately carrying out the responsibilities assigned to the eligible recipient;
the Secretary provides to the eligible recipient—
a notification of the determination of noncompliance;
a period of not less than 120 days to take such corrective action as the Secretary determines to be necessary to comply with the applicable agreement; and
upon request by the chief executive officer of the eligible recipient, a detailed description of each responsibility in need of corrective action regarding an inadequacy identified under subparagraph (A); and
after the notification and period described in clauses (i) and (ii) of subparagraph (B), the eligible recipient fails to take satisfactory corrective action, as determined by the Secretary.
An eligible recipient may terminate the assumption of responsibilities by the eligible recipient under this section—
An eligible recipient that is assigned a responsibility under this section shall be deemed to be a Federal agency for the purposes of the Federal law under which the responsibility is exercised.
An eligible recipient assuming 1 or more responsibilities of the Secretary under this section for a specific project may use funds apportioned to the eligible recipient under this chapter for attorney's fees directly attributable to eligible activities associated with the project.
The table of sections for chapter 53 of title 49, United States Code, is amended by inserting after the item relating to section 5321 the following: