Environmental Provisions in Surface Transportation Reauthorization Legislation: SAFETEA (S. 1072) and TEA-LU (H.R. 3550)

Publication Date: September 2004

Publisher: Library of Congress. Congressional Research Service

Author(s):

Research Area: Environment; Transportation

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Abstract:

This report discusses significant legislative provisions regarding environmental issues in House- and Senate-passed bills that would reauthorize federal highway, highway safety, and transit programs for FY2004-FY2009. The Senate bill (S. 1072), the Safe, Accountable, Flexible, and Efficient Transportation Equity Act of 2003 (SAFETEA), passed on February 12, 2004. The House passed its bill (H.R. 3550), the Transportation Equity Act: A Legacy for Users (TEA-LU), on April 2, 2004. The bills have now moved to conference. During the reauthorization process, certain environmental issues have garnered significant attention from both Members of Congress and interested stakeholders (e.g., state transportation agencies, transportation construction organizations, and environmental groups). This attention is due to both the impact that surface transportation projects can have on the environment and the impact that compliance with environmental requirements can have on project delivery. Compliance issues related to the Clean Air Act (42 U.S.C. à ¤ 7401 et seq.) and the National Environmental Policy Act (NEPA, 42 U.S.C. à ¤ 4321 et seq.), in particular, have generated strong debate during the reauthorization process. For many surface transportation projects, compliance with certain elements of each law is required before federal funding can be obligated. A significant number of environmental provisions in both the House and Senate bills either specify procedures or authorize funding to facilitate compliance with one or both of these laws. In addition to provisions related to the Clean Air Act and NEPA, both the House and Senate bills include provisions that would authorize funding for projects or activities associated with environmental impacts from transportation-related projects. Potential environmental impacts may require federal funding to mitigate or minimize those impacts, to reduce pollution, or to ensure compliance with an applicable environmental law or regulation. For example, provisions in the Senate bill would set aside funds to mitigate stormwater discharge damage from highway projects. Legislation authorizing surface transportation programs for FY1998-FY2003, the Transportation Equity Act for the 21st Century (TEA-21, P.L. 105-178), expired on September 30, 2003. In accordance with a series of extension bills, all existing surface transportation programs continue to operate according to provisions of TEA- 21 while Congress considers reauthorization proposals. The most recent extension (H.R. 4916, P.L. 108-280) extended funding for highway programs until September 24, 2004, and funding for transit and safety programs until September 30, 2004. This report will be updated.