STREAMLINING FOR TRANSPORTATION ENHANCEMENT PROJECTS.

SEC. 316. STREAMLINING FOR TRANSPORTATION ENHANCEMENT PROJECTS. Section 133(e) of title 23, United States Code, is amended— (1) in paragraph (3)— (A) by striking “(3) Payments.—The” and inserting the following: “(3) Payments.— “(A) In general.—Except as provided in subparagraph (B), the”; (B) by moving the remainder of the text of subparagraph (A), as designated by subparagraph (A) of this paragraph, 2 ems to the right; and (C) by adding at the end the following: “(B) Advance payment option for transportation enhancement activities.— “(i) In general.—The Secretary may advance funds to the State for transportation enhancement activities funded from the allocation required by subsection (d)(2) for a fiscal year if the Secretary certifies for the fiscal year that the State has authorized and uses a process for the selection of transportation enhancement projects that involves representatives of affected public entities, and private citizens, with expertise related to transportation enhancement activities. “(ii) Limitation on amounts.—Amounts advanced under this subparagraph shall be limited to such amounts as are necessary to make prompt payments for project costs. “(iii) Effect on other requirements.—This subparagraph shall not exempt a State from other requirements of this title relating to the surface transportation program.”; and 109 STAT. 588 (2) by adding at the end the following: “(5) Transportation enhancement activities.— “(A) Categorical exclusions.—To the extent appropriate, the Secretary shall develop categorical exclusions from the requirement that an environmental assessment or an environmental impact statement under section 102 of the National Environmental Policy Act of 1969 (42 U.S.C. 4332) be prepared for transportation enhancement activities funded from the allocation required by subsection (d)(2). “(B) Nationwide programmatic agreement.—The Secretary, in consultation with the National Conference of State Historic Preservation Officers and the Advisory Council on Historic Preservation established under title II of the National Historic Preservation Act (16 U.S.C, 470i et seq.), shall develop a nationwide programmatic agreement governing the review of transportation enhancement activities funded from the allocation required by subsection (d)(2), in accordance with— “(i) section 106 of such Act (16 U.S.C. 470f); and “(ii) the regulations of the Advisory Council on Historic Preservation.”.