Bills Sec. 1301 — Satisfaction of requirements for ce…

Section 138 of title 23, United States Code, is amended by adding at the end the following: The Secretary shall— align, to the maximum extent practicable, with the requirements of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4231 et seq. ) and section 306108 of title 54, including implementing regulations; and not later than 90 days after the date of enactment of this subsection, coordinate with the Secretary of the Interior and the Executive Director of the Advisory Council on Historic Preservation (referred to in this subsection as the Council ) to establish procedures to satisfy the requirements described in subparagraph

(A)(including regulations). If, in an analysis required under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4231 et seq. ), the Secretary determines that there is no feasible or prudent alternative to avoid use of a historic site, the Secretary may— include the determination of the Secretary in the analysis required under that Act; provide a notice of the determination to— each applicable State historic preservation officer and tribal historic preservation officer; the Council, if the Council is participating in the consultation process under section 306108 of title 54; and the Secretary of the Interior; and request from the applicable preservation officer, the Council, and the Secretary of the Interior a concurrence that the determination is sufficient to satisfy the requirement of subsection (a)(1). If the applicable preservation officer, the Council, and the Secretary of the Interior each provide a concurrence requested under subparagraph (A)(iii), no further analysis under subsection (a)(1) shall be required. A notice of a determination, together with each relevant concurrence to that determination, under subparagraph

(A)shall be— included in the record of decision or finding of no significant impact of the Secretary; and posted on an appropriate Federal Web site by not later than 3 days after the date of receipt by the Secretary of all concurrences requested under subparagraph (A)(iii). If the Secretary, the applicable preservation officer, the Council, and the Secretary of the Interior concur that no feasible and prudent alternative exists as described in paragraph (2), the Secretary may provide to the applicable preservation officer, the Council, and the Secretary of the Interior notice of the intent of the Secretary to satisfy the requirements of subsection (a)(2) through the consultation requirements of section 306108 of title 54. To satisfy the requirements of subsection (a)(2), each individual described in paragraph (2)(A)(ii) shall concur in the treatment of the applicable historic site described in the memorandum of agreement or programmatic agreement developed under section 306108 of title 54. . Section 303 of title 49, United States Code, is amended by adding at the end the following: The Secretary shall— align, to the maximum extent practicable, the requirements of this section with the requirements of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4231 et seq. ) and section 306108 of title 54, including implementing regulations; and not later than 90 days after the date of enactment of this subsection, coordinate with the Secretary of the Interior and the Executive Director of the Advisory Council on Historic Preservation (referred to in this subsection as the Council ) to establish procedures to satisfy the requirements described in subparagraph

(A)(including regulations). If, in an analysis required under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4231 et seq. ), the Secretary determines that there is no feasible or prudent alternative to avoid use of a historic site, the Secretary may— include the determination of the Secretary in the analysis required under that Act; provide a notice of the determination to— each applicable State historic preservation officer and tribal historic preservation officer; the Council, if the Council is participating in the consultation process under section 306108 of title 54; and the Secretary of the Interior; and request from the applicable preservation officer, the Council, and the Secretary of the Interior a concurrence that the determination is sufficient to satisfy the requirement of subsection (c)(1). If the applicable preservation officer, the Council, and the Secretary of the Interior each provide a concurrence requested under subparagraph (A)(iii), no further analysis under subsection (a)(1) shall be required. A notice of a determination, together with each relevant concurrence to that determination, under subparagraph

(A)shall be— included in the record of decision or finding of no significant impact of the Secretary; and posted on an appropriate Federal Web site by not later than 3 days after the date of receipt by the Secretary of all concurrences requested under subparagraph (A)(iii). If the Secretary, the applicable preservation officer, the Council, and the Secretary of the Interior concur that no feasible and prudent alternative exists as described in paragraph (2), the Secretary may provide to the applicable preservation officer, the Council, and the Secretary of the Interior notice of the intent of the Secretary to satisfy the requirements of subsection (c)(2) through the consultation requirements of section 306108 of title 54. To satisfy the requirements of subsection (c)(2), the applicable preservation officer, the Council, and the Secretary of the Interior shall concur in the treatment of the applicable historic site described in the memorandum of agreement or programmatic agreement developed under section 306108 of title 54. .

Sec. 1301. Satisfaction of requirements for certain historic sites