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[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 3284 Introduced in Senate (IS)]
<DOC>
119th CONGRESS
1st Session
S. 3284
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.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
December 1, 2025
Mr. Lee (for himself, Mr. Curtis, Mr. Kelly, and Mr. Warnock)
introduced the following bill; which was read twice and referred to the
Committee on Banking, Housing, and Urban Affairs
_______________________________________________________________________
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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Streamline Transit Projects Act''.
SEC. 2. NEPA REFORM FOR CATEGORICAL EXCLUSIONS.
(a) In General.--Chapter 53 of title 49, United States Code, is
amended by inserting after section 5321 the following:
``Sec. 5322. Transit agency assumption of responsibility for
categorical exclusions
``(a) Definition.--In this section, the term `eligible recipient'
means a direct recipient of funds under this chapter that--
``(1) is located in an urbanized area with a population of
more than 200,000 individuals; and
``(2) demonstrates to the Secretary that the recipient has
the legal, technical, and financial capacity to perform the
responsibilities required under this section.
``(b) Categorical Exclusion Determinations.--
``(1) In general.--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.
``(2) Scope of authority.--A determination described in
paragraph (1)--
``(A) shall be made by an eligible recipient in
accordance with criteria established by the Secretary;
and
``(B) may only be made by an eligible recipient
with respect to a type of activity under this chapter
specifically designated by the Secretary.
``(3) Criteria.--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.).
``(4) Preservation of flexibility.--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.
``(c) Other Applicable Federal Laws.--
``(1) In general.--If an eligible recipient assumes
responsibility under subsection (b), the Secretary may also
assign, and the eligible recipient may assume, all or part of
the responsibilities of the Secretary for environmental review,
consultation, or other related actions required under any
Federal law applicable to activities that are classified by the
Secretary as categorical exclusions, with the exception of
government-to-government consultation with Indian Tribes,
subject to the same procedural and substantive requirements as
would be required if that responsibility were carried out by
the Secretary.
``(2) Sole responsibility.--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.
``(d) Memoranda of Understanding.--
``(1) In general.--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.
``(2) Assistance.--Upon request by an eligible recipient,
the Secretary shall provide to the eligible recipient technical
assistance, training, or other support relating to--
``(A) assuming responsibility under subsection (b);
``(B) developing a memorandum of understanding
under this subsection; or
``(C) addressing a responsibility in need of
corrective action under subsection (e)(1)(B).
``(3) Term.--A memorandum of understanding under this
subsection--
``(A) except as provided under subparagraph (C),
shall have a term of not more than 3 years;
``(B) shall be renewable; and
``(C) 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.
``(4) Acceptance of jurisdiction.--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.
``(5) Monitoring.--The Secretary shall--
``(A) monitor--
``(i) compliance by an eligible recipient
with the memorandum of understanding entered
into by the eligible recipient under this
subsection; and
``(ii) the provision by the eligible
recipient of financial resources to carry out
the memorandum of understanding; and
``(B) take into account the performance by the
eligible recipient when considering renewal of the
memorandum of understanding.
``(e) Termination.--
``(1) Termination by secretary.--The Secretary may
terminate the assignment of responsibilities to an eligible
recipient under this section if--
``(A) the Secretary determines that the eligible
recipient is not adequately carrying out the
responsibilities assigned to the eligible recipient;
``(B) the Secretary provides to the eligible
recipient--
``(i) a notification of the determination
of noncompliance;
``(ii) 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
``(iii) 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
``(C) 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.
``(2) Termination by the eligible recipient.--An eligible
recipient may terminate the assumption of responsibilities by
the eligible recipient under this section--
``(A) by providing to the Secretary a notice not
later than the date that is 90 days before the date of
termination; and
``(B) subject to such terms and conditions as the
Secretary may provide.
``(f) Recipient Agency Deemed To Be Federal Agency.--An eligible
recipient that is assigned a responsibility under this section shall be
deemed to be a Federal agency for the purposes of the Federal law under
which the responsibility is exercised.
``(g) Legal Fees.--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.''.
(b) Conforming Amendment.--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:
``5322. Transit agency assumption of responsibility for categorical
exclusions.''.
<all>
Introduced in Senate
Read twice and referred to the Committee on Banking, Housing, and Urban Affairs.
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