Sec. 611. Establishment of community benefits agreements
736 words·~3 min read·
/bill/118/hr/6747/ih/section-611·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
When carrying out the requirements of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ) by preparing an environmental document for a proposed major Federal action that may have reasonably foreseeable adverse public health or environmental impacts, the lead agency shall take into consideration whether a project sponsor has entered into a community benefits agreement with a State, a unit of local government, an Indian Tribe, a labor organization, or a community benefits organization that may include the disbursement of funds for social, economic, or environmental benefits that will— offset adverse impacts resulting from the construction or operation of the proposed major Federal action; or address legacy or historical harm or adverse cumulative social, economic, or environmental impacts in the location in which the proposed major Federal action is to be carried out.
The lead agency with respect to a proposed project that requires the preparation of an environmental impact statement may require the project sponsor to enter into a community benefits agreement with a State, a unit of local government, an Indian Tribe, a labor organization, or a community benefits organization to offset, in full or in part, any significant adverse social, economic, or environmental impacts that would result from the construction or operation of the project. In determining whether to require a project sponsor to enter into a community benefits agreement under subsection (c), the lead agency shall consider— the available resources of the project sponsor; the scale of the project and degree of impacts, including cumulative impacts to communities with environmental justice concerns; and the benefits from the project to be received by the community or communities, relative to the adverse impacts resulting from the project.
A community benefits agreement shall be negotiated between the project sponsor and the State, unit of local government, Indian Tribe, labor organization, or community benefits organization, as applicable. On request of a State, unit of local government, Indian Tribe, or a community benefits organization the lead agency may provide technical assistance to the State, unit of local government, Indian Tribe, labor organization, or community benefits organization in developing and negotiating a community benefits agreement.
For a community benefits agreement required by a lead agency under subsection (b), the lead agency— may request a representative of the Conflict Prevention and Resolution Center of the Environmental Protection Agency or the John S. McCain III National Center for Environmental Conflict Resolution to act as a neutral third party in the negotiation and preparation of the community benefits agreement; and shall reimburse the Environmental Protection Agency (unless the lead agency is the Environmental Protection Agency) or the Udall Foundation for the reasonable costs of that service.
Negotiation relating to a community benefits agreement shall address the mechanism through which funds associated with the community benefits agreement will be held and dispersed, such as through a trust fund or similar instrument. Funds received by a State, unit of local government, Indian Tribe, labor organization, or community benefits organization under a community benefits agreement shall be used for any activity or the construction or modification of infrastructure that— is beneficial to communities affected by the applicable project; is identified as a priority by any State, unit of local government, or Indian Tribe that is a party to the community benefits agreement; and is inclusive of labor organizations capable of completing construction or modification.
In this section: The term community benefits agreement — means an agreement to carry out activities to address historical or legacy impacts that continue to contribute to cumulative impacts that are identified under a community impact report prepared under section 606; and includes— commitments by a project sponsor to hire members of the local workforce during construction, operation, or maintenance of the applicable project; and the disbursement of funds for social, economic, or environmental benefits that will— offset adverse impacts resulting from the construction or operation of the applicable project; or address legacy or historical harm or adverse cumulative impacts in the location in which the applicable project is to be carried out.
In this section, the term community benefits organization means an organization that— is described in section 501(c)(3) of the Internal Revenue Code of 1986 and is exempt from taxation under section 501(a) of such Code; and is formed to protect the human health and environment of communities in the area in which a proposed major Federal action is to be carried out.
Connectionstraces to 1
Traces to 1 document
Citation graph
cites case law
Sec. 611
Establishment of community benefits agreements
Cites 1Cited by 0 across 0 sources