[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 495 Introduced in House (IH)]
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118th CONGRESS
1st Session
H. R. 495
To amend the National Environmental Policy Act of 1969 to authorize
assignment to States of Federal agency environmental review
responsibilities, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 25, 2023
Mr. Calvert introduced the following bill; which was referred to the
Committee on Natural Resources
_______________________________________________________________________
A BILL
To amend the National Environmental Policy Act of 1969 to authorize
assignment to States of Federal agency environmental review
responsibilities, and for other purposes.
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 ``Reducing Environmental Barriers to
Unified Infrastructure and Land Development Act of 2023'' or the
``REBUILD Act of 2023''.
SEC. 2. ASSIGNMENT TO STATES OF FEDERAL ENVIRONMENTAL REVIEW
RESPONSIBILITIES.
Title I of the National Environmental Policy Act of 1969 (42 U.S.C.
4331 et seq.) is amended by adding at the end the following new
section:
``SEC. 106. ASSIGNMENT TO STATES OF ENVIRONMENTAL REVIEW
RESPONSIBILITIES WITH RESPECT TO CERTAIN PROJECTS IN THE
STATE.
``(a) Assumption of Responsibility.--
``(1) In general.--Subject to the other provisions of this
section, with the written agreement of the responsible Federal
official and a State, which may be in the form of a memorandum
of understanding, the responsible Federal official may assign,
and the State may assume, the responsibilities of the
responsible Federal official under this Act with respect to one
or more covered Federal projects of the responsible Federal
official within the State.
``(2) Additional responsibility.--If a State assumes
responsibility under paragraph (1) the responsible Federal
official may assign to the State, and the State may assume, all
or part of the responsibilities of the responsible Federal
official for environmental review, consultation, or other
action required under any Federal environmental law pertaining
to the review or approval of covered projects of the
responsible Federal official.
``(3) 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 responsible Federal
official.
``(4) Federal responsibility.--Any responsibility of the
responsible Federal official not explicitly assumed by the
State by written agreement under this section shall remain the
responsibility of the responsible Federal official.
``(5) No effect on authority.--Nothing in this section
preempts or interferes with any power, jurisdiction,
responsibility, or authority of an agency, other than the
agency of the responsible Federal official for a covered
Federal project, under applicable law (including regulations)
with respect to the project.
``(b) State Participation.--
``(1) Application.--Not later than 180 days after the date
of enactment of this section, each responsible Federal official
shall promulgate regulations that establish requirements
relating to information required to be contained in any
application of a State to assume responsibility under this
section with respect to covered Federal projects of the
responsible Federal official, including, at a minimum--
``(A) the projects or classes of projects for which
the State anticipates exercising the authority that may
be granted under this section;
``(B) verification of the financial resources
necessary to carry out the authority that may be
assigned under this section; and
``(C) evidence of the notice and solicitation of
public comment by the State relating to assumption of
responsibility under this section by the State,
including copies of comments received from that
solicitation.
``(2) Public notice.--
``(A) In general.--Each State that submits an
application under this subsection shall give notice of
the intent of the State to submit such application 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.
``(3) Selection criteria.--A responsible Federal official
may approve the application of a State under this section only
if--
``(A) the regulatory requirements under paragraph
(2) have been met;
``(B) the responsible Federal official 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 covered projects with respect to
which responsibility would be assigned to the State
pursuant to the application enters into a written
agreement with the responsible Federal official
described in subsection (c).
``(4) Other federal agency views.--If a State applies to
assume a responsibility of a responsible Federal official that
would have required the responsible Federal official to consult
with another Federal agency, the responsible Federal official
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 of the State or the head
of the State agency referred to in subsection (b)(3)(C);
``(2) be in such form as the responsible Federal official
may prescribe; and
``(3) provide that the State--
``(A) agrees to assume all or part of the
responsibilities of the responsible Federal official
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 responsible Federal official
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, United States Code, 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 responsible Federal official had the responsible
Federal official taken the actions in question.
``(3) Intervention.--The responsible Federal official 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) shall be solely responsible and
solely liable for carrying out, in lieu of the responsible Federal
official, the responsibilities assumed under subsection (a), until the
termination of such assumption of responsibility.
``(f) Limitations on Agreements.--Nothing in this section permits a
State to assume any rulemaking authority of the responsible Federal
official 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)), for each State
participating in the program under this section, the
responsible Federal official shall conduct--
``(A) semiannual audits during each of the first 2
years of the effective period of the agreement; and
``(B) annual audits during each subsequent year of
such effective period.
``(2) Public availability and comment.--
``(A) In general.--An audit conducted under
paragraph (1) shall be provided to the public for
comment for a 30-day period.
``(B) Response.--Not later than 60 days after the
date on which the period for public comment ends, the
responsible Federal official shall respond to public
comments received under subparagraph (A).
``(h) Report to Congress.--Each responsible Federal official shall
submit to Congress an annual report that describes the administration
of this section by such official.
``(i) Termination by Responsible Federal Official.--The responsible
Federal official with respect to an agreement with a State under this
section may terminate the agreement, and any responsibility or
authority of the State under this section with respect to such
agreement, if--
``(1) the responsible Federal official determines that the
State is not adequately carrying out the responsibilities
assumed by the State under this section;
``(2) the responsible Federal official provides to the
State--
``(A) notification of the determination of
noncompliance; and
``(B) a period of at least 30 days during which to
take such corrective action as the responsible Federal
official determines is necessary to comply with the
applicable agreement; and
``(3) the State, after the notification and period provided
under subparagraph (B), fails to take satisfactory corrective
action, as determined by the responsible Federal official.
``(j) Definitions.--In this section:
``(1) Covered federal project.--The term `covered Federal
project' means--
``(A)(i) except as provided in clause (ii) and
subparagraph (B), any project that is funded by,
carried out by, or subject to approval or disapproval
by a responsible Federal official, including any
project for which a permit or other authorization by a
responsible Federal official is required; and
``(ii) in the case of projects funded, carried out
by, or subject to review, approval, or disapproval by
the Secretary of the Army, and except as provided in
subparagraph (B), includes only such projects of the
Corps of Engineers; and
``(B) the preparation of any statement required by
section 102(2)(C).
``(2) Responsible federal official.--The term `responsible
Federal official' means--
``(A) the Secretary of the Interior;
``(B) the Secretary of Transportation;
``(C) the Administrator of the Environmental
Protection Agency;
``(D) the Secretary of the Army; or
``(E) the head of a Federal agency, with respect to
the preparation of statements under section 102(2)(C)
for major Federal actions (as that term is used in that
section) of the agency.''.
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