Sec. 1313. Program for eliminating duplication of environmental reviews
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The purpose of this section is to eliminate duplication of environmental reviews and approvals under State and Federal laws. Chapter 3 of title 23, United States Code, is amended by adding at the end the following: The Secretary shall establish a pilot program to authorize States that are approved to participate in the program to conduct environmental reviews and make approvals for projects under State environmental laws and regulations instead of Federal environmental laws and regulations, consistent with the requirements of this section.
The Secretary may select not more than 5 States to participate in the program. In this section, the term alternative environmental review and approval procedures means— substitution of 1 or more State environmental laws for— the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ); such provisions of sections 109(h), 128, and 139 related to the application of that Act that are under the authority of the Secretary, as the Secretary, in consultation with the State, considers appropriate; and related regulations and Executive orders; and substitution of 1 or more State environmental regulations for— the National Environmental Policy Act of 1969; such provisions of sections 109(h), 128, and 139 related to the application of that Act that are under the authority of the Secretary, as the Secretary, in consultation with the State, considers appropriate; and related regulations and Executive orders.
To be eligible to participate in the program, a State shall submit to the Secretary an application containing such information as the Secretary may require, including— a full and complete description of the proposed alternative environmental review and approval procedures of the State; each Federal law described in subsection (a)(3) that the State is seeking to substitute; each State law and regulation that the State intends to substitute for such Federal law, Federal regulation, or Executive order; an explanation of the basis for concluding that the State law or regulation is substantially equivalent to the Federal law described in subsection (a)(3); a description of the projects or classes of projects for which the State anticipates exercising the authority that may be granted under the program; verification that the State has the financial resources necessary to carry out the authority that may be granted under the program; evidence of having sought, received, and addressed comments on the proposed application from the public; and any such additional information as the Secretary, or, with respect to section (d)(1)(A), the Secretary in consultation with the Chair, may require.
In accordance with subsection (d), the Secretary shall— review an application submitted under subsection (b); approve or disapprove the application not later than 90 days after the date of receipt of the application; and transmit to the State notice of the approval or disapproval, together with a statement of the reasons for the approval or disapproval. The Secretary shall approve an application submitted under subsection
(b)only if— the Secretary, with the concurrence of the Chair, determines that the laws and regulations of the State described in the application are substantially equivalent to the Federal laws that the State is seeking to substitute; the Secretary determines that the State has the capacity, including financial and personnel, to assume the responsibility; and the State has executed an agreement with the Secretary, in accordance with section 327, providing for environmental review, consultation, or other action under Federal environmental laws pertaining to the review or approval of a specific project. The National Environmental Policy Act of 1969 shall not apply to a decision by the Secretary to approve or disapprove an application submitted under this section. The United States district courts shall have exclusive jurisdiction over any civil action against a State— for failure of the State to meet the requirements of this section; or if the action involves the exercise of authority by the State under this section and section 327. A State court shall have exclusive jurisdiction over any civil action against a State if the action involves the exercise of authority by the State under this section not covered by paragraph (1). At its discretion, a State participating in the programs under this section and section 327 may elect to apply the National Environmental Protection Act of 1969 instead of the State’s alternative environmental review and approval procedures. To the maximum extent practicable and consistent with Federal law, other Federal agencies with authority over a project subject to this section shall use documents produced by a participating State under this section to satisfy the requirements of the National Environmental Policy Act of 1969. A State with an approved program under this section, at the request of a local government, may exercise authority under that program on behalf of up to 25 local governments for locally administered projects. For up to 25 local governments selected by a State with an approved program under this section, the State shall be responsible for ensuring that any environmental review, consultation, or other action required under the National Environmental Policy Act of 1969 or the State program, or both, meets the requirements of such Act or program. A State program approved under this section shall at all times be in accordance with the requirements of this section. The Secretary shall review each State program approved under this section not less than once every 5 years. In conducting the review process under paragraph (2), the Secretary shall provide notice and an opportunity for public comment. If the Secretary, in consultation with the Chair, determines at any time that a State is not administering a State program approved under this section in accordance with the requirements of this section, the Secretary shall so notify the State, and if appropriate corrective action is not taken within a reasonable time, not to exceed 90 days, the Secretary shall withdraw approval of the State program. At the conclusion of the review process under paragraph (2), the Secretary may extend for an additional 5-year period or terminate the authority of a State under this section to substitute that State’s laws and regulations for Federal laws. Not later than 2 years after the date of enactment of this section, and annually thereafter, the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a report that describes the administration of the program, including— the number of States participating in the program; the number and types of projects for which each State participating in the program has used alternative environmental review and approval procedures; and any recommendations for modifications to the program. In this section, the following definitions apply: The term Chair means the Chair of the Council on Environmental Quality. The term multimodal project has the meaning given that term in section 139(a). The term program means the pilot program established under this section. The term project means— a project requiring approval under this title, chapter 53 of subtitle III of title 49, or subtitle V of title 49; and a multimodal project. . Not later than 270 days after the date of enactment of this Act, the Secretary of Transportation, in consultation with the Chair of the Council on Environmental Quality, shall promulgate regulations to implement the requirements of section 330 of title 23, United States Code, as added by this section. As part of the rulemaking required under this subsection, the Chair shall— establish the criteria necessary to determine that a State law or regulation is substantially equivalent to a Federal law described in section 330(a)(3) of title 23, United States Code; ensure that such criteria, at a minimum— provide for protection of the environment; provide opportunity for public participation and comment, including access to the documentation necessary to review the potential impact of a project; and ensure a consistent review of projects that would otherwise have been covered under Federal law. The analysis for chapter 3 of title 23, United States Code, is amended by adding at the end the following: 330. Program for eliminating duplication of environmental reviews. .
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Sec. 1313
Program for eliminating duplication of environmental reviews
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