PUBLIC LAW 109–59—AUG. 10, 2005
119 STAT. 1869
‘‘§ 327. Surface transportation project delivery pilot program ‘‘(a) ESTABLISHMENT.— ‘‘(1) IN GENERAL.—The Secretary shall carry out a surface transportation project delivery pilot program (referred to in this section as the ‘program’). ‘‘(2) ASSUMPTION OF RESPONSIBILITY.— ‘‘(A) IN GENERAL.—Subject to the other provisions of this section, with the written agreement of the Secretary and a State, which may be in the form of a memorandum of understanding, the Secretary may assign, and the State may assume, the responsibilities of the Secretary with respect to one or more highway projects within the State under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). ‘‘(B) ADDITIONAL RESPONSIBILITY.—If a State assumes responsibility under subparagraph (A)— ‘‘(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; but ‘‘(ii) 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. ‘‘(C) PROCEDURAL AND SUBSTANTIVE REQUIREMENTS.— A State shall assume responsibility under this section subject to the same procedural and substantive requirements as would apply if that responsibility were carried out by the Secretary. ‘‘(D) FEDERAL RESPONSIBILITY.—Any responsibility of the Secretary not explicitly assumed by the State by written agreement under this section shall remain the responsibility of the Secretary. ‘‘(E) NO EFFECT ON AUTHORITY.—Nothing in this section preempts or interferes with any power, jurisdiction, responsibility, or authority of an agency, other than the Department of Transportation, under applicable law (including regulations) with respect to a project. ‘‘(b) STATE PARTICIPATION.— ‘‘(1) NUMBER OF PARTICIPATING STATES.—The Secretary may permit not more than 5 States (including the States of Alaska, California, Ohio, Oklahoma, and Texas) to participate in the program. ‘‘(2) APPLICATION.—Not later than 270 days after the date of enactment of this section, the Secretary shall promulgate regulations that establish requirements relating to information required to be contained in any application of a State to participate in the program, including, at a minimum— ‘‘(A) the projects or classes of projects for which the State anticipates exercising the authority that may be granted under the program;
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