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Code · BILL · 114th Congress · S. 2533 (Introduced in Senate) — To provide short-term water supplies to drought-stricken California and provide for long-term investments in drought... · Sec. 139

Sec. 139. State and local permits

1,298 words·~6 min read·/bill/114/s/2533/is/section-139

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Subject to the provisions of the pilot program established by this section, the Secretary of the Interior and a State identified pursuant to subsection
(b)may enter into a written agreement, which may be in the form of a memorandum of understanding, under which the Secretary of the Interior may designate the State as lead agency for purposes of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ). If designated as the lead agency under subparagraph (A), the State shall assume responsibility under this section, subject to the same procedural and substantive requirements that would apply if that responsibility were carried out by the Secretary of the Interior. Any responsibility of the Secretary of the Interior not explicitly assumed by the State by written agreement under this section shall remain the responsibility of the Secretary of the Interior. Nothing in this section preempts or interferes with any power, jurisdiction, responsibility, or authority of an agency, other than the Department of the Interior, under applicable law (including regulations) with respect to a project. The Secretary of the Interior may not require a State, as a condition of participation and assuming lead agency status in the pilot program under this section, to forego project delivery methods that are otherwise permissible for projects. The Secretary of the Interior shall permit the State of California, and not more than 4 additional States, to participate in the pilot program under this section, subject to the limitations described in paragraph (4). Not later than 270 days after the date of enactment of this Act, the Secretary of the Interior shall amend, as appropriate, regulations that establish requirements relating to information required to be contained in an application of a State to participate in the pilot program under this section and to assume lead agency status, including, at a minimum— the projects or classes of projects for which the State anticipates exercising the authority that may be granted under the pilot program under this section; verification of the financial, regulatory, and enforcement resources necessary to carry out the authority that may be granted under the pilot program under this section; and evidence of the notice and solicitation of public comment by the State relating to participation of the State in the pilot program under this section, including copies of comments received from that solicitation. A State that submits an application under this subsection shall give notice of the intent of the State to participate in the pilot program under this section not later than 30 days before the date of submission of the application. A 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 State law. The Secretary of the Interior may approve the application of a State under this section only if— the regulatory requirements of paragraph
(2)have been met; the Secretary of the Interior determines that the State has the capability, including financial, regulatory, and enforcement capability and personnel, to assume the responsibility of a lead agency for the project; and the head of the State agency with primary jurisdiction over water infrastructure matters enters into a written agreement with the Secretary of the Interior described in subsection (c). A written agreement under this section shall— be executed by the Governor or the top ranking water infrastructure official in the State who is charged with responsibility for water infrastructure construction; be in such form as the Secretary of the Interior may prescribe; provide that the State— agrees to assume all or part of the responsibilities of the Secretary of the Interior described in subsection (a), including all responsibilities as a lead agency; 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 Secretary of the Interior assumed by the State; certifies that State laws (including regulations) are in effect that authorize the State to take the actions necessary to carry out the responsibilities being assumed; and agrees to maintain the financial resources necessary to carry out the responsibilities being assumed; require the State to provide to the Secretary of the Interior any information that the Secretary of the Interior considers necessary to ensure that the State is adequately carrying out the responsibilities assigned to the State; have a term of not more than 5 years; and be renewable. 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. 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 Secretary of the Interior if the Secretary of the Interior had taken the actions in question. The Secretary of the Interior shall have the right to intervene in any action described in paragraph (1). A State that assumes responsibility under subsection (a)(2) shall be solely responsible and solely liable for carrying out, in lieu of the Secretary of the Interior, the responsibilities assumed under subsection (a), until the pilot program is terminated as provided in subsection (h). 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)(2)), for each State participating in the pilot program under this section, the Secretary of the Interior shall conduct— semiannual audits during each of the first 2 years of State participation; and annual audits during each of the third and fourth years of State participation. An audit conducted under paragraph
(1)shall be made available to the public for comment. Not later than 60 days after the date on which the period for public comment ends, the Secretary of the Interior shall respond to public comments received under subparagraph (A). After the fourth year of the participation of a State in the pilot program, the Secretary of the Interior shall monitor compliance by the State with the written agreement, including the provision by the State of financial resources to carry out the written agreement. The Secretary of the Interior may terminate the participation of any State in the pilot program if— the Secretary of the Interior determines that the State is not adequately carrying out the responsibilities assigned to the State; the Secretary of the Interior provides to the State— notification of the determination of noncompliance; and a period of at least 30 days during which to take such corrective action as the Secretary of the Interior determines is necessary to comply with the applicable agreement; and the State, after the notification and period provided under subparagraph (B), fails to take satisfactory corrective action, as determined by the Secretary of the Interior. The State may terminate the participation of the State in the pilot program at any time by providing to the Secretary of the Interior a notice by not later than the date that is 90 days before the date of termination, and subject to such terms and conditions as the Secretary of the Interior may provide. Nothing in this section or pilot program— authorizes a State to assume any rulemaking authority of the Secretary of the Interior under any Federal law; relieves any recipient of the assistance of any obligation to obtain any other required State or local permit or approval with respect to the project; limits the right of any unit of State or local government to approve or regulate any rate of return on private equity invested in the project; or otherwise supersedes any State or local law (including any regulation) applicable to the construction or operation of the project.
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Sec. 139
State and local permits
U.S.C.§ 4321
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