Sec. 1307. Improved Federal-State stewardship and oversight agreements
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/bill/116/s/2302/is/section-1307·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
In this section, the term template means a template created by the Secretary for Federal-State stewardship and oversight agreements that— includes all standard terms found in stewardship and oversight agreements, including any terms in an attachment to the agreement; is developed in accordance with section 106 of title 23, United States Code, or any other applicable authority; and may be developed with consideration of relevant regulations, guidance, or policies. Not later than 60 days after the date of enactment of this Act, the Secretary shall publish in the Federal Register the template and a notice requesting public comment on ways to improve the template.
The Secretary shall provide a period of not less than 60 days for public comment on the notice under paragraph (1). The notice under paragraph
(1)shall allow comment on any aspect of the template and shall specifically request public comment on— whether the template should be revised to delete standard terms requiring approval by the Secretary of the policies, procedures, processes, or manuals of the States, or other State actions, if Federal law (including regulations) does not specifically require an approval; opportunities to modify the template to allow adjustments to the review schedules for State practices or actions, including through risk-based approaches, program reviews, process reviews, or other means; and any other matters that the Secretary determines to be appropriate. Not later than 1 year after the date of enactment of this Act, after considering the comments received in response to the Federal Register notice under subsection (b), the Secretary shall publish in the Federal Register a notice that— describes any proposed changes to be made, and any alternatives to such changes, to the template; addresses comments in response to which changes were not made to the template; and prescribes a schedule and a plan to execute a process for implementing the changes referred to in subparagraph (A). In addressing comments under paragraph (1)(B), the Secretary shall include an explanation of the basis for retaining any requirement for approval of State policies, procedures, processes, or manuals, or other State actions, if Federal law (including regulations) does not specifically require the approval. Not later than 60 days after the date on which the notice under paragraph
(1)is published, the Secretary shall make changes to the template in accordance with— the changes described in the notice under paragraph (1)(A); and the schedule and plan described in the notice under paragraph (1)(C). Not later than 1 year after the date on which the revised template under subparagraph
(A)is published, the Secretary shall update existing agreements with States according to the template updated under subparagraph (A). Nothing in this section precludes the inclusion in a Federal-State stewardship and oversight agreement of non-standard terms to address a State-specific matter, including risk-based stewardship and Department oversight involvement in individual projects of division interest. The Secretary shall not enforce or otherwise require a State to comply with approval requirements that are not required by Federal law (including regulations) in a Federal-State stewardship and oversight agreement. Notwithstanding any other provision of law, the Secretary shall not assert approval authority over any matter in a Federal-State stewardship and oversight agreement reserved to States. Section 106(g)(3) of title 23, United States Code, is amended— by striking annual ; by striking The Secretary and inserting the following: The Secretary ; and by adding at the end the following: Except as provided in clauses
(ii)and (iii), the Secretary shall carry out a review under subparagraph
(A)not less frequently than once every 2 years. The Secretary, after consultation with a State, may make a determination to carry out a review under subparagraph
(A)for that State less frequently than provided under clause (i). If the Secretary determines that there is a specific reason to require a review more frequently than provided under clause
(i)with respect to a State, the Secretary may carry out a review more frequently than provided under that clause. .