2012 US Code
Title 23 - Highways
Chapter 3 - GENERAL PROVISIONS (§§ 301 - 329)
Section 327 - Surface transportation project delivery program
Publication Title | United States Code, 2012 Edition, Title 23 - HIGHWAYS |
Category | Bills and Statutes |
Collection | United States Code |
SuDoc Class Number | Y 1.2/5: |
Contained Within | Title 23 - HIGHWAYS CHAPTER 3 - GENERAL PROVISIONS Sec. 327 - Surface transportation project delivery program |
Contains | section 327 |
Date | 2012 |
Laws in Effect as of Date | January 15, 2013 |
Positive Law | Yes |
Disposition | standard |
Source Credit | Added Pub. L. 109-59, title VI, §6005(a), Aug. 10, 2005, 119 Stat. 1868; amended Pub. L. 111-322, title II, §2203(c), Dec. 22, 2010, 124 Stat. 3526; Pub. L. 112-140, title I, §101(e)(1), June 29, 2012, 126 Stat. 392; Pub. L. 112-141, div. A, title I, §1313(a)-(h), July 6, 2012, 126 Stat. 545-547. |
Statutes at Large References | 83 Stat. 852 119 Stat. 1868 124 Stat. 3526 126 Stat. 392, 545-547 |
Public Law References | Public Law 91-190, Public Law 109-59, Public Law 111-322, Public Law 112-102, Public Law 112-140, Public Law 112-141 |
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(a)
(1)
(2)
(A)
(B)
(i) the Secretary may assign to the State, and the State may assume, all or part of the responsibilities of the Secretary for environmental review, consultation, or other action required under any Federal environmental law pertaining to the review or approval of a specific project;
(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 1 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).
(C)
(D)
(E)
(F)
(G)
(b)
(1)
(2)
(A) the projects or classes of projects for which the State anticipates exercising the authority that may be granted under the program;
(B) verification of the financial resources necessary to carry out the authority that may be granted under the program; and
(C) evidence of the notice and solicitation of public comment by the State relating to participation of the State in the program, including copies of comments received from that solicitation.
(3)
(A)
(B)
(4)
(A) the regulatory requirements under paragraph (2) have been met;
(B) the Secretary determines that the State has the capability, including financial and personnel, to assume the responsibility; and
(C) the head of the State agency having primary jurisdiction over highway matters enters into a written agreement with the Secretary described in subsection (c).
(5)
(c)
(1) be executed by the Governor or the top-ranking transportation official in the State who is charged with responsibility for highway construction;
(2) be in such form as the Secretary may prescribe;
(3) provide that the State—
(A) agrees to assume all or part of the responsibilities of the Secretary described in subsection (a);
(B) expressly consents, on behalf of the State, to accept the jurisdiction of the Federal courts for the compliance, discharge, and enforcement of any responsibility of the Secretary assumed by the State;
(C) certifies that State laws (including regulations) are in effect that—
(i) authorize the State to take the actions necessary to carry out the responsibilities being assumed; and
(ii) are comparable to section 552 of title 5, including providing that any decision regarding the public availability of a document under those State laws is reviewable by a court of competent jurisdiction; and
(D) agrees to maintain the financial resources necessary to carry out the responsibilities being assumed;
(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.
(d)
(1)
(2)
(3)
(e)
(f)
(g)
(1)
(A) semiannual audits during each of the first 2 years of State participation; and
(B) annual audits during each of the third and fourth years of State participation.
(2)
(A)
(B)
(h)
(i)
(j)
(1)
(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)
(Added Pub. L. 109–59, title VI, §6005(a), Aug. 10, 2005, 119 Stat. 1868; amended Pub. L. 111–322, title II, §2203(c), Dec. 22, 2010, 124 Stat. 3526; Pub. L. 112–140, title I, §101(e)(1), June 29, 2012, 126 Stat. 392; Pub. L. 112–141, div. A, title I, §1313(a)–(h), July 6, 2012, 126 Stat. 545–547.)
References in TextThe National Environmental Policy Act of 1969, referred to in subsec. (a)(2)(A), (B)(ii), (iii), is Pub. L. 91–190, Jan. 1, 1970, 83 Stat. 852, which is classified generally to chapter 55 (§4321 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 4321 of Title 42 and Tables.
The date on which amendments to this section by the MAP-21 take effect, referred to in subsec. (b)(2), is Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of this title.
Amendments2012—Pub. L. 112–141, §1313(a)(1), struck out “pilot” before “program” in section catchline.
Subsec. (a)(1). Pub. L. 112–141, §1313(a)(2), struck out “pilot” before “program (referred to”.
Subsec. (a)(2)(B)(ii) to (iv). Pub. L. 112–141, §1313(b)(1), added cls. (ii) to (iv) and struck out former cl. (ii) which read as follows: “the Secretary may not assign—
“(I) responsibility for any conformity determination required under section 176 of the Clean Air Act (42 U.S.C. 7506); or
“(II) any responsibility imposed on the Secretary by section 134 or 135.”
Subsec. (a)(2)(F), (G). Pub. L. 112–141, §1313(b)(2), added subpars. (F) and (G).
Subsec. (b)(1). Pub. L. 112–141, §1313(c)(1), added par. (1) and struck out former par. (1). Prior to amendment, text read as follows: “The Secretary may permit not more than 5 States (including the States of Alaska, California, Ohio, Oklahoma, and Texas) to participate in the program.”
Subsec. (b)(2). Pub. L. 112–141, §1313(c)(2), substituted “date on which amendments to this section by the MAP-21 take effect, the Secretary shall amend, as appropriate,” for “date of enactment of this section, the Secretary shall promulgate” in introductory provisions.
Subsec. (c)(4) to (6). Pub. L. 112–141, §1313(d), added pars. (4) to (6).
Subsec. (e). Pub. L. 112–141, §1313(e), substituted “subsection (j)” for “subsection (i)”.
Subsec. (g)(1)(B). Pub. L. 112–141, §1313(f), substituted “of the third and fourth years” for “subsequent year”.
Subsec. (h). Pub. L. 112–141, §1313(g)(2), added subsec. (h). Former subsec. (h) redesignated (i).
Subsec. (i). Pub. L. 112–141, §1313(g)(1), redesignated subsec. (h) as (i). Former subsec. (i) redesignated (j).
Subsec. (i)(1). Pub. L. 112–140 substituted “September 30, 2012” for “the date that is 7 years after the date of enactment of this section”.
Subsec. (j). Pub. L. 112–141, §1313(h), amended subsec. (j) generally. Prior to amendment, subsec. (j) related to termination of the original pilot program on Sept. 30, 2012, and termination of State participation by the Secretary.
Pub. L. 112–141, §1313(g)(1), redesignated subsec. (i) as (j).
2010—Subsec. (i)(1). Pub. L. 111–322 substituted “7 years after” for “6 years after”.
Effective Date of 2012 AmendmentAmendment by Pub. L. 112–141 effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of this title.
Pub. L. 112–140, title I, §101(e)(2), June 29, 2012, 126 Stat. 392, provided that: “The amendment made by paragraph (1) [amending this section] shall take effect as if included in section 101 of the Surface Transportation Extension Act of 2012 [Pub. L. 112–102] and shall not be subject to the special rule in section 1(c) of this Act [set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of this title].”
1 So in original.
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