Sec. 1313. SURFACE TRANSPORTATION PROJECT DELIVERY PROGRAM
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## SEC. 1313 SURFACE TRANSPORTATION PROJECT DELIVERY PROGRAM ###
(a)Program Name Section 327 of title 23, United States Code, is amended— ####
(1)in the section heading by striking “pilot”; and ####
(2)in subsection (a)(1) by striking “pilot”. ###
(b)Assumption of Responsibility Section 327(a)(2) of title 23, United States Code, is amended— ####
(1)in subparagraph (B)— #####
(A)in clause
(i)by striking “but”; and #####
(B)by striking clause
(ii)and inserting the following: > > ###### “(ii) > > at the request of the State, the Secretary may also assign to the State, and the State may assume, the responsibilities of the Secretary with respect to 1 or more railroad, public transportation, or multimodal projects within the State under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); > > > ###### “(iii) > > in a State that has assumed the responsibilities of the Secretary under clause (ii), a recipient of assistance under chapter 53 of title 49 may request that the Secretary maintain the responsibilities of the Secretary with respect to 1 or more public transportation projects within the State under the National Environmental Policy Act of 1969 (42 U.S.C. 13 4321 et seq.); but > > > ###### “(iv) > > the Secretary may not assign— > > > ###### “(I) > > any responsibility imposed on the Secretary by section 134 or 135 or section 5303 or 5304 of title 49; or > > > ###### “(II) > > responsibility for any conformity determination required under section 176 of the Clean Air Act (42 U.S.C. 7506).” > ; and ####
(2)by adding at the end the following: > > ##### “(F) Preservation of flexibility > > The Secretary may not require a State, as a condition of participation in the program, to forego project delivery methods that are otherwise permissible for projects. > > > ##### “(G) Legal fees > > A State assuming the responsibilities of the Secretary under this section for a specific project may use funds apportioned to the State under section 104(b)(2) for attorneys’ fees directly attributable to eligible activities associated with the project.” > . ###
(c)State Participation Section 327(b) of title 23, United States Code, is amended— ####
(1)by striking paragraph
(1)and inserting the following: > > #### “(1) Participating states > > All States are eligible to participate in the program.” > ; and ####
(2)in paragraph
(2)by striking “date of enactment of this section, the Secretary shall promulgate” and inserting “date on which amendments to this section by the MAP-21 take effect, the Secretary shall amend, as appropriate,”. ###
(d)Written Agreement Section 327(c) of title 23, United States Code, is amended— ####
(1)in paragraph (3)(D) by striking the period at the end and inserting a semicolon; and ####
(2)by adding at the end the following: > > #### “(4) > > require the State to provide to the Secretary any information the Secretary 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)Conforming Amendment Section 327(e) of title 23, United States Code, is amended by striking “subsection (i)” and inserting “subsection (j)”. ###
(f)Audits Section 327(g)(1)(B) of title 23, United States Code, is amended by striking “subsequent year” and inserting “of the third and fourth years”. ###
(g)Monitoring Section 327 of title 23, United States Code, is amended— ####
(1)by redesignating subsections
(h)and
(i)as subsections
(i)and (j), respectively; and ####
(2)by inserting after subsection
(g)the following: > > ### “(h) Monitoring > > After the fourth year of the participation of a State in the program, the Secretary 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.” > . ###
(h)Termination Section 327(j) of title 23, United States Code (as so redesignated), is amended to read as follows: > > ### “(j) Termination > > > #### “(1) Termination by the secretary > > The Secretary may terminate the participation of any State in the program if— > > > ##### “(A) > > the Secretary determines that the State is not adequately carrying out the responsibilities assigned to the State; > > > ##### “(B) > > the Secretary provides to the State— > > > ###### “(i) > > notification of the determination of noncompliance; and > > > ###### “(ii) > > a period of at least 30 days during which to take such corrective action as the Secretary determines is necessary to comply with the applicable agreement; and > > > ##### “(C) > > the State, after the notification and period provided under subparagraph (B), fails to take satisfactory corrective action, as determined by the Secretary. > > > #### “(2) Termination by the state > > The State may terminate the participation of the State in the program at any time by providing to the Secretary 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 Secretary may provide.” > . ###
(i)Clerical Amendment The item relating to section 327 in the analysis of title 23, United States Code, is amended to read as follows:“327. Surface transportation project delivery program.”.
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