H.R. 6491

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6491 Introduced in House (IH)]

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119th CONGRESS
1st Session
H. R. 6491

To amend chapter 53 of title 49, United States Code, to allow funding 
recipients to assume certain responsibilities relating to the National 
Environmental Policy Act of 1969.

_______________________________________________________________________

IN THE HOUSE OF REPRESENTATIVES

December 5, 2025

Mr. Kennedy of Utah introduced the following bill; which was referred 
to the Committee on Transportation and Infrastructure

_______________________________________________________________________

A BILL

To amend chapter 53 of title 49, United States Code, to allow funding 
recipients to assume certain responsibilities relating to the National 
Environmental Policy Act of 1969.

Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ``Streamline Transit Projects Act''.

SEC. 2. NEPA REFORM FOR CATEGORICAL EXCLUSIONS.

(a) In General.--Chapter 53 of title 49, United States Code, is 
amended by inserting after section 5321 the following:
``Sec. 5322. Transit agency assumption of responsibility for 
categorical exclusions
``(a) Definition.--In this section, the term `eligible recipient' 
means a direct recipient of funds under this chapter that--
``(1) is located in an urbanized area with a population of 
more than 200,000 individuals; and
``(2) demonstrates to the Secretary that the recipient has 
the legal, technical, and financial capacity to perform the 
responsibilities required under this section.
``(b) Categorical Exclusion Determinations.--
``(1) In general.--The Secretary may assign to an eligible 
recipient, and an eligible recipient may assume, responsibility 
for determining whether certain designated activities are 
included within classes of action identified by the Secretary 
that are categorically excluded from requirements for 
environmental assessments or environmental impact statements 
pursuant to the interim final rule promulgated by the Secretary 
at part 771 of title 23, Code of Federal Regulations, or any 
successor regulation.
``(2) Scope of authority.--A determination described in 
paragraph (1)--
``(A) shall be made by an eligible recipient in 
accordance with criteria established by the Secretary; 
and
``(B) may only be made by an eligible recipient 
with respect to a type of activity under this chapter 
specifically designated by the Secretary.
``(3) Criteria.--The criteria under paragraph (2)(A) shall 
include provisions for public availability of information 
consistent with section 552 of title 5 and the National 
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
``(4) Preservation of flexibility.--The Secretary may not 
require an eligible recipient, as a condition of assuming 
responsibility under this section, to forego project delivery 
methods that are otherwise permissible for transit projects.
``(c) Other Applicable Federal Laws.--
``(1) In general.--If an eligible recipient assumes 
responsibility under subsection (b), the Secretary may also 
assign, and the eligible recipient may assume, all or part of 
the responsibilities of the Secretary for environmental review, 
consultation, or other related actions required under any 
Federal law applicable to activities that are classified by the 
Secretary as categorical exclusions, with the exception of 
government-to-government consultation with Indian Tribes, 
subject to the same procedural and substantive requirements as 
would be required if that responsibility were carried out by 
the Secretary.
``(2) Sole responsibility.--An eligible recipient that 
assumes responsibility under paragraph (1) with respect to a 
Federal law shall be solely responsible and solely liable for 
complying with and carrying out that law, and the Secretary 
shall have no such responsibility or liability.
``(d) Memoranda of Understanding.--
``(1) In general.--The Secretary and an eligible recipient, 
after providing public notice and opportunity for comment, 
shall enter into a memorandum of understanding setting forth 
the responsibilities to be assigned under this section and the 
terms and conditions under which the assignments are made, 
including establishment of the circumstances under which the 
Secretary would reassume responsibility for categorical 
exclusion determinations.
``(2) Assistance.--Upon request by an eligible recipient, 
the Secretary shall provide to the eligible recipient technical 
assistance, training, or other support relating to--
``(A) assuming responsibility under subsection (b);
``(B) developing a memorandum of understanding 
under this subsection; or
``(C) addressing a responsibility in need of 
corrective action under subsection (e)(1)(B).
``(3) Term.--A memorandum of understanding under this 
subsection--
``(A) except as provided under subparagraph (C), 
shall have a term of not more than 3 years;
``(B) shall be renewable; and
``(C) for an eligible recipient that has assumed 
the responsibility for categorical exclusions under 
this section for a period of not less than 10 years, 
shall have a term of 5 years.
``(4) Acceptance of jurisdiction.--In a memorandum of 
understanding under this subsection, the eligible recipient 
shall consent to accept the jurisdiction of the Federal courts 
for the compliance, discharge, and enforcement of any 
responsibility of the Secretary that the eligible recipient 
assumes.
``(5) Monitoring.--The Secretary shall--
``(A) monitor--
``(i) compliance by an eligible recipient 
with the memorandum of understanding entered 
into by the eligible recipient under this 
subsection; and
``(ii) the provision by the eligible 
recipient of financial resources to carry out 
the memorandum of understanding; and
``(B) take into account the performance by the 
eligible recipient when considering renewal of the 
memorandum of understanding.
``(e) Termination.--
``(1) Termination by secretary.--The Secretary may 
terminate the assignment of responsibilities to an eligible 
recipient under this section if--
``(A) the Secretary determines that the eligible 
recipient is not adequately carrying out the 
responsibilities assigned to the eligible recipient;
``(B) the Secretary provides to the eligible 
recipient--
``(i) a notification of the determination 
of noncompliance;
``(ii) a period of not less than 120 days 
to take such corrective action as the Secretary 
determines to be necessary to comply with the 
applicable agreement; and
``(iii) upon request by the chief executive 
officer of the eligible recipient, a detailed 
description of each responsibility in need of 
corrective action regarding an inadequacy 
identified under subparagraph (A); and
``(C) after the notification and period described 
in clauses (i) and (ii) of subparagraph (B), the 
eligible recipient fails to take satisfactory 
corrective action, as determined by the Secretary.
``(2) Termination by the eligible recipient.--An eligible 
recipient may terminate the assumption of responsibilities by 
the eligible recipient under this section--
``(A) by providing to the Secretary a notice not 
later than the date that is 90 days before the date of 
termination; and
``(B) subject to such terms and conditions as the 
Secretary may provide.
``(f) Recipient Agency Deemed To Be Federal Agency.--An eligible 
recipient that is assigned a responsibility under this section shall be 
deemed to be a Federal agency for the purposes of the Federal law under 
which the responsibility is exercised.
``(g) Legal Fees.--An eligible recipient assuming 1 or more 
responsibilities of the Secretary under this section for a specific 
project may use funds apportioned to the eligible recipient under this 
chapter for attorney's fees directly attributable to eligible 
activities associated with the project.''.
(b) Conforming Amendment.--The table of sections for chapter 53 of 
title 49, United States Code, is amended by inserting after the item 
relating to section 5321 the following:

``5322. Transit agency assumption of responsibility for categorical 
exclusions.''.
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