ELIMINATION OF BARRIERS TO IMPROVE AT-RISK BRIDGES.

SEC. 1439. [16 U.S.C. 703 note] ELIMINATION OF BARRIERS TO IMPROVE AT-RISK BRIDGES. (a) Temporary Authorization.— (1) In general.—Until the Secretary of the Interior takes the action described in subsection (b), the take of nesting swallows to facilitate a construction project on a bridge eligible for funding under title 23, United States Code, with any component condition rating of 3 or less (as defined by the National Bridge Inventory General Condition Guidance issued by the Federal Highway Administration) is authorized under the Migratory Bird Treaty Act (16 U.S.C. 703 et seq.) between April 1 and August 31. (2) Measures to minimize impacts.— (A) Notification before taking.—Prior to the taking of nesting swallows authorized under paragraph (1), any person taking that action shall submit to the Secretary of the Interior a document that contains— (i) the name of the person acting under the authority of paragraph (1) to take nesting swallows; (ii) a list of practicable measures that will be undertaken to minimize or mitigate significant adverse impacts on the population of that species; (iii) the time period during which activities will be carried out that will result in the taking of that species; and (iv) an estimate of the number of birds, by species, to be taken in the proposed action. (B) Notification after taking.—Not later than 60 days after the taking of nesting swallows authorized under paragraph (1), any person taking that action shall submit to the Secretary of the Interior a document that contains the number of birds, by species, taken in the action. (b) Authorization of Take.— (1) In general.—The Secretary of the Interior, in consultation with the Secretary, shall promulgate a regulation under the authority of section 3 of the Migratory Bird Treaty Act (16 U.S.C. 704) authorizing the take of nesting swallows to facilitate bridge repair, maintenance, or construction— (A) without individual permit requirements; and (B) under terms and conditions determined to be consistent with treaties relating to migratory birds that protect swallow species occurring in the United States. (2) Termination.—On the effective date of a final rule under this subsection by the Secretary of the Interior, subsection (a) shall have no force or effect. (c) Suspension or Withdrawal of Take Authorization.—If the Secretary of the Interior, in consultation with the Secretary, determines that taking of nesting swallows carried out under the authority provided in subsection (a)(1) is having a significant adverse impact on swallow populations, the Secretary of the Interior may suspend that authority through publication in the Federal Register.