Sec. 11503. EFFICIENT ENVIRONMENTAL REVIEWS
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## SEC. 11503 EFFICIENT ENVIRONMENTAL REVIEWS ###
(a)Amendment Title 49, United States Code, is amended by inserting after chapter 241 the following new chapter: > > ## “CHAPTER 242 PROJECT DELIVERY > > > ## “SEC. 24201 Efficient environmental reviews > > **[**[49 U.S.C. 24201](/us/usc/t49/s24201)**]** > > > ### “(a) Efficient Environmental Reviews > > > #### “(1) In general > > The Secretary of Transportation shall apply the project development procedures, to the greatest extent feasible, described in section 139 of title 23 to any railroad project that requires the approval of the Secretary under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). > > > #### “(2) Regulations and procedures > > In carrying out paragraph (1), the Secretary shall incorporate into agency regulations and procedures pertaining to railroad projects described in paragraph
(1)aspects of such project development procedures, or portions thereof, determined appropriate by the Secretary in a manner consistent with this section, that increase the efficiency of the review of railroad projects. > > > #### “(3) Discretion > > The Secretary may choose not to incorporate into agency regulations and procedures pertaining to railroad projects described in paragraph
(1)such project development procedures that could only feasibly apply to highway projects, public transportation capital projects, and multimodal projects. > > > #### “(4) Applicability > > Subsection
(l)of section 139 of title 23 shall apply to railroad projects described in paragraph (1), except that the limitation on claims of 150 days shall be 2 years. > > > ### “(b) Additional Categorical Exclusions > > Not later than 6 months after the date of enactment of the Passenger Rail Reform and Investment Act of 2015, the Secretary shall— > > > #### “(1) > > survey the use by the Federal Railroad Administration of categorical exclusions in transportation projects since 2005; and > > > #### “(2) > > publish in the Federal Register for notice and public comment a review of the survey that includes a description of— > > > ##### “(A) > > the types of actions categorically excluded; and > > > ##### “(B) > > any actions the Secretary is considering for new categorical exclusions, including those that would conform to those of other modal administrations. > > > ### “(c) New Categorical Exclusions > > Not later than 1 year after the date of enactment of the Passenger Rail Reform and Investment Act of 2015, the Secretary shall publish a notice of proposed rulemaking to propose new and existing categorical exclusions for railroad projects that require the approval of the Secretary under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), including those identified under subsection (b), and develop a process for considering new categorical exclusions to the extent that the categorical exclusions meet the criteria for a categorical exclusion under section 1508.4 of title 40, Code of Federal Regulations. > > > ### “(d) Transparency > > The Secretary shall maintain and make publicly available, including on the Internet, a database that identifies project-specific information on the use of a categorical exclusion on any railroad project carried out under this title. > > > ### “(e) Protections for Existing Agreements and NEPA > > Nothing in subtitle E of the Passenger Rail Reform and Investment Act of 2015, or any amendment made by such subtitle, shall affect any existing environmental review process, program, agreement, or funding arrangement approved by the Secretary under title 49, as that title was in effect on the day preceding the date of enactment of such subtitle.” > . ###
(b)Savings Clause **[**[42 U.S.C. 4370m note](/us/usc/t42/s4370m)**]** Except as expressly provided in section 41003(f) and subsection
(o)of section 139 of title 23, United States Code, the requirements and other provisions of title 41 of this Act shall not apply to— ####
(1)programs administered now and in the future by the Department of Transportation or its operating administrations under title 23, 46, or 49, United States Code, including direct loan and loan guarantee programs, or other Federal statutes or programs or projects administered by an agency pursuant to their authority under title 49, United States Code; or ####
(2)any project subject to section 2045 of the Water Resources Development Act of 2007 (33 U.S.C. 2348). ###
(c)Table of chapters amendment The table of chapters of subtitle V of title 49, United States Code, is amended by inserting after the item relating to chapter 241 the following:" “242. Project delivery” ". 24201
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