§ 327. Surface transportation project delivery program

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 2005

   Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users

   Pub. L. 109–59 title VI § 6005(a) · 119 Stat. 1144

   Enacted · 23 U.S.C. § 327

   Added Pub. L. 109–59, title VI, § 6005(a), Aug. 10, 2005, 119 Stat. 1868

   Source evidence

   Code source credit
   Added Pub. L. 109–59, title VI, § 6005(a), Aug. 10, 2005, 119 Stat. 1868

   Enacted provision · exact public law section
   (a) In General.— Chapter 3 of title 23, United States Code, is further amended by inserting after section 326 the following: “§ 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; “(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) Public notice.— “(A) In general.— Each State that submits an application under this subsection shall give notice of the intent of the State to participate in the program not later than 30 days before the date of submission of the application. “(B) Method of notice and solicitation.— The State shall provide notice and solicit public comment under this paragraph by publishing the complete application of the State in accordance with the appropriate public notice law of the State. “(4) Selection criteria.— The Secretary may approve the application of a State under this section only if— “(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) Other federal agency views.— If a State applies to assume a responsibility of the Secretary that would have required the Secretary to consult with another Federal agency, the Secretary shall solicit the views of the Federal agency before approving the application. “(c) Written Agreement.— A written agreement under this section shall— “(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. “(d) Jurisdiction.— “(1) In general.— The United States district courts shall have exclusive jurisdiction over any civil action against a State for failure to carry out any responsibility of the State under this section. “(2) Legal standards and requirements.— A civil action under paragraph (1) shall be governed by the legal standards and requirements that would apply in such a civil action against the Secretary had the Secretary taken the actions in question. “(3) Intervention.— The Secretary shall have the right to intervene in any action described in paragraph (1). “(e) Effect of Assumption of Responsibility.— A State that assumes responsibility under subsection (a)(2) shall be solely responsible and solely liable for carrying out, in lieu of the Secretary, the responsibilities assumed under subsection (a)(2), until the program is terminated as provided in subsection (i). “(f) Limitations on Agreements.— Nothing in this section permits a State to assume any rulemaking authority of the Secretary under any Federal law. “(g) Audits.— “(1) In general.— To ensure compliance by a State with any agreement of the State under subsection (c) (including compliance by the State with all Federal laws for which responsibility is assumed under subsection (a)(2)), for each State participating in the program under this section, the Secretary shall conduct— “(A) semiannual audits during each of the first 2 years of State participation; and “(B) annual audits during each subsequent year of State participation. “(2) Public availability and comment.— “(A) In general.— An audit conducted under paragraph (1) shall be provided to the public for comment. “(B) Response.— Not later than 60 days after the date on which the period for public comment ends, the Secretary shall respond to public comments received under subparagraph (A). “(h) Report to Congress.— The Secretary shall submit to Congress an annual report that describes the administration of the program. “(i) Termination.— “(1) In general.— Except as provided in paragraph (2), the program shall terminate on the date that is 6 years after the date of enactment of this section. “(2) Termination by 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 Secretary.” .

2. 2010

   Surface Transportation Extension Act of 2010, Part II

   Pub. L. 111–322 title II § 2203(c) · 124 Stat. 3518

   Substituted · 23 U.S.C. § 327(i)(1)

   Pub. L. 111–322 substituted “7 years after” for “6 years after”

   Source evidence

   Code amendment note
   Subsec. (i)(1). Pub. L. 111–322 substituted “7 years after” for “6 years after”.

   Enacted provision · exact public law section
   (c) Surface Transportation Project Delivery Pilot Program.— Section 327(i)(1) of title 23, United States Code, is amended by striking “6 years after” and inserting “7 years after”.

3. 2012

   Temporary Surface Transportation Extension Act of 2012

   Pub. L. 112–140 title I § 101(e)(1) · 126 Stat. 391

   Substituted · 23 U.S.C. § 327(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”

   Source evidence

   Code amendment note
   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”.

   Enacted provision · exact public law section
   (1) In general.— Section 327(i)(1) of title 23, United States Code, is amended by striking “the date that is 7 years after the date of enactment of this section” and inserting “September 30, 2012”.

4. 2012

   Moving Ahead for Progress in the 21st Century Act

   Pub. L. 112–141 § 1313(a)(1) · 126 Stat. 405

   1. Amended · 23 U.S.C. § 327

      Pub. L. 112–141, § 1313(a)(1), as amended by Pub. L. 114–94, § 1446(d)(3)

   2. Struck · 23 U.S.C. § 327

      Pub. L. 112–141, § 1313(a)(1), as struck out “pilot” before “program” in section catchline

   Source evidence

   Code amendment note
   Pub. L. 112–141, § 1313(a)(1), as amended by Pub. L. 114–94, § 1446(d)(3), struck out “pilot” before “program” in section catchline.

   Enacted provision · exact public law section
   (1) in the section heading by striking “pilot”; and

5. 2012

   Moving Ahead for Progress in the 21st Century Act

   Pub. L. 112–141 § 1313(a)(2) · 126 Stat. 405

   Struck · 23 U.S.C. § 327(a)(1)

   Pub. L. 112–141, § 1313(a)(2), struck out “pilot” before “program (referred to”

   Source evidence

   Code amendment note
   Subsec. (a)(1). Pub. L. 112–141, § 1313(a)(2), struck out “pilot” before “program (referred to”.

   Enacted provision · exact public law section
   (2) in subsection (a)(1) by striking “pilot”.

6. 2012

   Moving Ahead for Progress in the 21st Century Act

   Pub. L. 112–141 § 1313(b)(1) · 126 Stat. 405

   1. Added · 23 U.S.C. § 327(a)(2)(B)(ii)(iv)

      Pub. L. 112–141, § 1313(b)(1), added cls. (ii) to (iv)

   2. Struck · 23 U.S.C. § 327(a)(2)(B)(ii)(iv)

      Pub. L. 112–141, § 1313(b)(1), struck out former cl. (ii) which read as follows: “the Secretary may not assign—

   Source evidence

   Code amendment note
   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.”

   Enacted provision · exact public law section
   (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

7. 2012

   Moving Ahead for Progress in the 21st Century Act

   Pub. L. 112–141 § 1313(b)(2) · 126 Stat. 405

   Added · 23 U.S.C. § 327(a)(2)(F); 23 U.S.C. § 327(a)(2)(G)

   Pub. L. 112–141, § 1313(b)(2), added subpars. (F) and (G)

   Source evidence

   Code amendment note
   Subsec. (a)(2)(F), (G). Pub. L. 112–141, § 1313(b)(2), added subpars. (F) and (G).

   Enacted provision · exact public law section
   (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.” .

8. 2012

   Moving Ahead for Progress in the 21st Century Act

   Pub. L. 112–141 § 1313(c)(1) · 126 Stat. 405

   1. Added · 23 U.S.C. § 327(b)(1)

      Pub. L. 112–141, § 1313(c)(1), added par. (1)

   2. Struck · 23 U.S.C. § 327(b)(1)

      Pub. L. 112–141, § 1313(c)(1), 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.”

   Source evidence

   Code amendment note
   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.”

   Enacted provision · exact public law section
   (1) by striking paragraph (1) and inserting the following: “(1) Participating states.— All States are eligible to participate in the program.” ; and

9. 2012

   Moving Ahead for Progress in the 21st Century Act

   Pub. L. 112–141 § 1313(c)(2) · 126 Stat. 405

   Substituted · 23 U.S.C. § 327(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

   Source evidence

   Code amendment note
   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.

   Enacted provision · exact public law section
   (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,”.

10. 2012

    Moving Ahead for Progress in the 21st Century Act

    Pub. L. 112–141 § 1313(d) · 126 Stat. 405

    Added · 23 U.S.C. § 327(c)(4)(6)

    Pub. L. 112–141, § 1313(d), added pars. (4) to (6)

    Source evidence

    Code amendment note
    Subsec. (c)(4) to (6). Pub. L. 112–141, § 1313(d), added pars. (4) to (6).

    Enacted provision · exact public law section
    (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.” .

11. 2012

    Moving Ahead for Progress in the 21st Century Act

    Pub. L. 112–141 § 1313(e) · 126 Stat. 405

    Substituted · 23 U.S.C. § 327(e)

    Pub. L. 112–141, § 1313(e), substituted “subsection (j)” for “subsection (i)”

    Source evidence

    Code amendment note
    Subsec. (e). Pub. L. 112–141, § 1313(e), substituted “subsection (j)” for “subsection (i)”.

    Enacted provision · exact public law section
    (e) Conforming Amendment.— Section 327(e) of title 23, United States Code, is amended by striking “subsection (i)” and inserting “subsection (j)”.

12. 2012

    Moving Ahead for Progress in the 21st Century Act

    Pub. L. 112–141 § 1313(f) · 126 Stat. 405

    Substituted · 23 U.S.C. § 327(g)(1)(B)

    Pub. L. 112–141, § 1313(f), substituted “of the third and fourth years” for “subsequent year”

    Source evidence

    Code amendment note
    Subsec. (g)(1)(B). Pub. L. 112–141, § 1313(f), substituted “of the third and fourth years” for “subsequent year”.

    Enacted provision · exact public law section
    (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”.

13. 2012

    Moving Ahead for Progress in the 21st Century Act

    Pub. L. 112–141 § 1313(g)(2) · 126 Stat. 405

    Redesignated · 23 U.S.C. § 327(h)

    Pub. L. 112–141, § 1313(g)(2), added subsec. (h). Former subsec. (h) redesignated (i)

    Source evidence

    Code amendment note
    Subsec. (h). Pub. L. 112–141, § 1313(g)(2), added subsec. (h). Former subsec. (h) redesignated (i).

    Enacted provision · exact public law section
    (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.” .

14. 2012

    Moving Ahead for Progress in the 21st Century Act

    Pub. L. 112–141 § 1313(g)(1) · 126 Stat. 405

    Redesignated · 23 U.S.C. § 327(i)

    Pub. L. 112–141, § 1313(g)(1), redesignated subsec. (h) as (i). Former subsec. (i) redesignated (j)

    Source evidence

    Code amendment note
    Subsec. (i). Pub. L. 112–141, § 1313(g)(1), redesignated subsec. (h) as (i). Former subsec. (i) redesignated (j).

    Enacted provision · exact public law section
    (1) by redesignating subsections (h) and (i) as subsections (i) and (j), respectively; and

15. 2012

    Moving Ahead for Progress in the 21st Century Act

    Pub. L. 112–141 § 1313(h) · 126 Stat. 405

    Amended · 23 U.S.C. § 327(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

    Source evidence

    Code amendment note
    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.

    Enacted provision · exact public law section
    (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. notification of the determination of noncompliance; and “(ii) Time period. 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.” .

16. 2012

    Moving Ahead for Progress in the 21st Century Act

    Pub. L. 112–141 § 1313(g)(1) · 126 Stat. 405

    Redesignated · 23 U.S.C. § 327(j)

    Pub. L. 112–141, § 1313(g)(1), redesignated subsec. (i) as (j)

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 112–141, § 1313(g)(1), redesignated subsec. (i) as (j).

    Enacted provision · exact public law section
    (1) by redesignating subsections (h) and (i) as subsections (i) and (j), respectively; and

17. 2015

    Fixing America’s Surface Transportation Act

    Pub. L. 114–94 § 1446(d)(3) · 129 Stat. 1312

    Amended · 23 U.S.C. § 327

    Pub. L. 114–94, § 1446(d)(3), amended directory language of Pub. L. 112–141, § 1313(a)(1). See 2012 Amendment note below

    Source evidence

    Code amendment note
    Pub. L. 114–94, § 1446(d)(3), amended directory language of Pub. L. 112–141, § 1313(a)(1). See 2012 Amendment note below.

    Enacted provision · exact public law section
    (3) Section 1313(a)(1) (126 Stat. 545) 23 USC 327. is amended to read as follows: “(1) 49 USC prec. 101. in the section heading by striking ‘pilot’; and” .

18. 2015

    Fixing America’s Surface Transportation Act

    Pub. L. 114–94 § 1308(1) · 129 Stat. 1312

    Substituted · 23 U.S.C. § 327(a)(2)(B)(iii)

    Pub. L. 114–94, § 1308(1), substituted “(42 U.S.C. 4321 et seq.)” for “(42 U.S.C. 13 4321 et seq.)”

    Source evidence

    Code amendment note
    Subsec. (a)(2)(B)(iii). Pub. L. 114–94, § 1308(1), substituted “(42 U.S.C. 4321 et seq.)” for “(42 U.S.C. 13 4321 et seq.)”.

    Enacted provision · exact public law section
    (1) in subsection (a)(2)(B)(iii) by striking “(42 U.S.C. 13 4321 et seq.)” and inserting “(42 U.S.C. 4321 et seq.)”;

19. 2015

    Fixing America’s Surface Transportation Act

    Pub. L. 114–94 § 1308(2) · 129 Stat. 1312

    Inserted · 23 U.S.C. § 327(c)(4)

    Pub. L. 114–94, § 1308(2), inserted “reasonably” before “considers necessary”

    Source evidence

    Code amendment note
    Subsec. (c)(4). Pub. L. 114–94, § 1308(2), inserted “reasonably” before “considers necessary”.

    Enacted provision · exact public law section
    (2) in subsection (c)(4) by inserting “reasonably” before “considers necessary”;

20. 2015

    Fixing America’s Surface Transportation Act

    Pub. L. 114–94 § 1308(3) · 129 Stat. 1312

    Inserted · 23 U.S.C. § 327(e)

    Pub. L. 114–94, § 1308(3), inserted “and without further approval of” after “in lieu of”

    Source evidence

    Code amendment note
    Subsec. (e). Pub. L. 114–94, § 1308(3), inserted “and without further approval of” after “in lieu of”.

    Enacted provision · exact public law section
    (3) in subsection (e) by inserting “and without further approval of” after “in lieu of”;

21. 2015

    Fixing America’s Surface Transportation Act

    Pub. L. 114–94 § 1308(4)(A) · 129 Stat. 1312

    1. Added · 23 U.S.C. § 327(g)(1)

       Pub. L. 114–94, § 1308(4)(A), added par. (1)

    2. Struck · 23 U.S.C. § 327(g)(1)

       Pub. L. 114–94, § 1308(4)(A), struck out former par. (1). Prior to amendment, text read as follows: “To ensure compliance by a State with any agreement of the State under subsection (c) (including compliance by the State with all Federal laws for which responsibility is assumed under subsection (a)(2)), for each State participating in the program under this section, the Secretary shall conduct—

    Source evidence

    Code amendment note
    Subsec. (g)(1). Pub. L. 114–94, § 1308(4)(A), added par. (1) and struck out former par. (1). Prior to amendment, text read as follows: “To ensure compliance by a State with any agreement of the State under subsection (c) (including compliance by the State with all Federal laws for which responsibility is assumed under subsection (a)(2)), for each State participating in the program under this section, the Secretary shall conduct—

    “(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.”

    Enacted provision · exact public law section
    (A) by striking paragraph (1) and inserting the following: “(1) In general.— To ensure compliance by a State with any agreement of the State under subsection (c) (including compliance by the State with all Federal laws for which responsibility is assumed under subsection (a)(2)), for each State participating in the program under this section, the Secretary shall— “(A) not later than 180 days after the date of execution of the agreement, meet with the State to review implementation of the agreement and discuss plans for the first annual audit; “(B) conduct annual audits during each of the first 4 years of State participation; and “(C) ensure that the time period for completing an annual audit, from initiation to completion (including public comment and responses to those comments), does not exceed 180 days.” ; and

22. 2015

    Fixing America’s Surface Transportation Act

    Pub. L. 114–94 § 1308(4)(B) · 129 Stat. 1312

    Added · 23 U.S.C. § 327(g)(3)

    Pub. L. 114–94, § 1308(4)(B), added par. (3)

    Source evidence

    Code amendment note
    Subsec. (g)(3). Pub. L. 114–94, § 1308(4)(B), added par. (3).

    Enacted provision · exact public law section
    (B) by adding at the end the following: “(3) Audit team.— “(A) In general.— An audit conducted under paragraph (1) shall be carried out by an audit team determined by the Secretary, in consultation with the State, in accordance with subparagraph (B). “(B) Consultation.— Consultation with the State under subparagraph (A) shall include a reasonable opportunity for the State to review and provide comments on the proposed members of the audit team.” ;

23. 2015

    Fixing America’s Surface Transportation Act

    Pub. L. 114–94 § 1308(5) · 129 Stat. 1312

    1. Added · 23 U.S.C. § 327(j)(1)

       Pub. L. 114–94, § 1308(5), added par. (1)

    2. Struck · 23 U.S.C. § 327(j)(1)

       Pub. L. 114–94, § 1308(5), struck out former par. (1). Prior to amendment, text read as follows: “The Secretary may terminate the participation of any State in the program if—

    Source evidence

    Code amendment note
    Subsec. (j)(1). Pub. L. 114–94, § 1308(5), added par. (1) and struck out former par. (1). Prior to amendment, text read as follows: “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.”

    Enacted provision · exact public law section
    (5) in subsection (j) by striking paragraph (1) and inserting the following: “(1) Termination by 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) 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) on request of the Governor of the State, a detailed description of each responsibility in need of corrective action regarding an inadequacy identified under subparagraph (A); and “(C) the State, after the notification and period provided under subparagraph (B), fails to take satisfactory corrective action, as determined by the Secretary.” ; and

24. 2015

    Fixing America’s Surface Transportation Act

    Pub. L. 114–94 § 1308(6) · 129 Stat. 1312

    Added · 23 U.S.C. § 327(k); 23 U.S.C. § 327(l)

    Pub. L. 114–94, § 1308(6), added subsecs. (k) and (l)

    Source evidence

    Code amendment note
    Subsecs. (k), (l). Pub. L. 114–94, § 1308(6), added subsecs. (k) and (l).

    Enacted provision · exact public law section
    (6) by adding at the end the following: “(k) Capacity Building.— The Secretary, in cooperation with representatives of State officials, may carry out education, training, peer-exchange, and other initiatives as appropriate— “(1) to assist States in developing the capacity to participate in the assignment program under this section; and “(2) to promote information sharing and collaboration among States that are participating in the assignment program under this section. “(l) Relationship to Locally Administered Projects.— A State granted authority under this section may, as appropriate and at the request of a local government— “(1) exercise such authority on behalf of the local government for a locally administered project; or “(2) provide guidance and training on consolidating and minimizing the documentation and environmental analyses necessary for sponsors of a locally administered project to comply with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and any comparable requirements under State law.” .

25. 2021

    Surface Transportation Reauthorization Act of 2021

    Pub. L. 117–58 § 11313(1) · 135 Stat. 429

    Inserted · 23 U.S.C. § 327(a)(2)(G)

    Pub. L. 117–58, § 11313(1), inserted “, including the payment of fees awarded under section 2412 of title 28” before period at end

    Source evidence

    Code amendment note
    Subsec. (a)(2)(G). Pub. L. 117–58, § 11313(1), inserted “, including the payment of fees awarded under section 2412 of title 28” before period at end.

    Enacted provision · exact public law section
    (1) in subsection (a)(2)(G), by inserting “, including the payment of fees awarded under section 2412 of title 28” before the period at the end;

    Effective date note
    Amendment by Pub. L. 117–58 effective Oct. 1, 2021, see section 10003 of Pub. L. 117–58, set out as a note under section 101 of this title.

26. 2021

    Surface Transportation Reauthorization Act of 2021

    Pub. L. 117–58 § 11313(2)(A) · 135 Stat. 429

    1. Added · 23 U.S.C. § 327(c)(5)

       Pub. L. 117–58, § 11313(2)(A), added par. (5)

    2. Struck · 23 U.S.C. § 327(c)(5)

       Pub. L. 117–58, § 11313(2)(A), struck out former par. (5) which read as follows: “have a term of not more than 5 years; and”

    Source evidence

    Code amendment note
    Subsec. (c)(5). Pub. L. 117–58, § 11313(2)(A), added par. (5) and struck out former par. (5) which read as follows: “have a term of not more than 5 years; and”.

    Enacted provision · exact public law section
    (A) by striking paragraph (5) and inserting the following: “(5) except as provided under paragraph (7), have a term of not more than 5 years;” ;

    Effective date note
    Amendment by Pub. L. 117–58 effective Oct. 1, 2021, see section 10003 of Pub. L. 117–58, set out as a note under section 101 of this title.

27. 2021

    Surface Transportation Reauthorization Act of 2021

    Pub. L. 117–58 § 11313(2)(B) · 135 Stat. 429

    Added · 23 U.S.C. § 327(c)(7)

    Pub. L. 117–58, § 11313(2)(B), (C), added par. (7)

    Source evidence

    Code amendment note
    Subsec. (c)(7). Pub. L. 117–58, § 11313(2)(B), (C), added par. (7).

    Enacted provision · exact public law section
    (B) in paragraph (6), by striking the period at the end and inserting “; and”; and

    Effective date note
    Amendment by Pub. L. 117–58 effective Oct. 1, 2021, see section 10003 of Pub. L. 117–58, set out as a note under section 101 of this title.

28. 2021

    Surface Transportation Reauthorization Act of 2021

    Pub. L. 117–58 § 11313(3)(A) · 135 Stat. 429

    Struck · 23 U.S.C. § 327(g)(1)(B)

    Pub. L. 117–58, § 11313(3)(A), struck out “and” at end

    Source evidence

    Code amendment note
    Subsec. (g)(1)(B). Pub. L. 117–58, § 11313(3)(A), struck out “and” at end.

    Enacted provision · exact public law section
    (A) in subparagraph (B), by striking “and” at the end;

    Effective date note
    Amendment by Pub. L. 117–58 effective Oct. 1, 2021, see section 10003 of Pub. L. 117–58, set out as a note under section 101 of this title.

29. 2021

    Surface Transportation Reauthorization Act of 2021

    Pub. L. 117–58 § 11313(3)(D) · 135 Stat. 429

    Redesignated · 23 U.S.C. § 327(g)(1)(C)

    Pub. L. 117–58, § 11313(3)(D), added subpar. (C). Former subpar. (C) redesignated (D)

    Source evidence

    Code amendment note
    Subsec. (g)(1)(C). Pub. L. 117–58, § 11313(3)(D), added subpar. (C). Former subpar. (C) redesignated (D).

    Enacted provision · exact public law section
    (D) by inserting after subparagraph (B) the following: “(C) in the case of an agreement period of greater than 5 years pursuant to subsection (c)(7), conduct an audit covering the first 5 years of the agreement period; and” ; and

    Effective date note
    Amendment by Pub. L. 117–58 effective Oct. 1, 2021, see section 10003 of Pub. L. 117–58, set out as a note under section 101 of this title.

30. 2021

    Surface Transportation Reauthorization Act of 2021

    Pub. L. 117–58 § 11313(3)(B) · 135 Stat. 429

    Struck · 23 U.S.C. § 327(g)(1)(C)

    Pub. L. 117–58, § 11313(3)(B), struck out “annual” before “audit,”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 117–58, § 11313(3)(B), struck out “annual” before “audit,”.

    Enacted provision · exact public law section
    (B) in subparagraph (C), by striking “annual”;

    Effective date note
    Amendment by Pub. L. 117–58 effective Oct. 1, 2021, see section 10003 of Pub. L. 117–58, set out as a note under section 101 of this title.

31. 2021

    Surface Transportation Reauthorization Act of 2021

    Pub. L. 117–58 § 11313(3)(C) · 135 Stat. 429

    Redesignated · 23 U.S.C. § 327(g)(1)(D)

    Pub. L. 117–58, § 11313(3)(C), redesignated subpar. (C) as (D)

    Source evidence

    Code amendment note
    Subsec. (g)(1)(D). Pub. L. 117–58, § 11313(3)(C), redesignated subpar. (C) as (D).

    Enacted provision · exact public law section
    (C) by redesignating subparagraph (C) as subparagraph (D); and

    Effective date note
    Amendment by Pub. L. 117–58 effective Oct. 1, 2021, see section 10003 of Pub. L. 117–58, set out as a note under section 101 of this title.

32. 2021

    Surface Transportation Reauthorization Act of 2021

    Pub. L. 117–58 § 11313(4) · 135 Stat. 429

    Added · 23 U.S.C. § 327(m)

    Pub. L. 117–58, § 11313(4), added subsec. (m)

    Source evidence

    Code amendment note
    Subsec. (m). Pub. L. 117–58, § 11313(4), added subsec. (m).

    Enacted provision · exact public law section
    (4) by adding at the end the following: “(m) Agency Deemed to Be Federal Agency.— A State agency that is assigned a responsibility under an agreement under this section shall be deemed to be an agency for the purposes of section 2412 of title 28.” .

    Effective date note
    Amendment by Pub. L. 117–58 effective Oct. 1, 2021, see section 10003 of Pub. L. 117–58, set out as a note under section 101 of this title.

38 of 38 references resolved to an enrolled provision