Sec. 104. Federal permitting improvement

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

Section 316 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5159 ) is amended to read as follows: An action which is taken or assistance which is provided pursuant to section 402, 403, 406, 407, 409, or 502 shall not be deemed a major Federal action significantly affecting the quality of the human environment within the meaning of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ) if the action has the effect of repairing, restoring, reconstructing, or replacing a facility that is damaged by a declared emergency or major disaster pursuant to section 401 or 501 to applicable building codes at the time of repair, restoration, reconstruction, or replacement, including incorporating mitigation measures consistent with disaster risks for the geographic area, provided that facility improvements and mitigation activities occur in the same location of the original facility.

Nothing in this section shall alter or affect the applicability of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ) to other Federal actions taken under this Act or under any other provisions of law. A general permit for stormwater discharges from construction activities, if available, issued by the Administrator of the Environmental Protection Agency or the director of a State program under section 402(p) of the Federal Water Pollution Control Act ( 33 U.S.C. 1242(p) ), as applicable, shall apply to repair, restoration, reconstruction, or replacement under subsection (a), on submission of a notice of intent to be subject to the permit.

The emergency procedures for issuing permits in accordance with section 325.2(e)(4) of title 33, Code of Federal Regulations, shall apply to repair, restoration, reconstruction, or replacement under subsection (a), and such repair, restoration, reconstruction, or replacement shall be considered an emergency under such section. Repair, restoration, reconstruction, or replacement under subsection

(a)shall be eligible for a waiver from the requirements of the National Historic Preservation Act of 1966 pursuant to part 78 of title 36, Code of Federal Regulations. An exemption from the requirements of section 7(a) of the Endangered Species Act of 1973 ( 16 U.S.C. 1536(a) ) shall apply to repair, restoration, reconstruction, or replacement under subsection

(a)and, if the President makes the determination required under section 7(p) of such Act, the determinations required under subsections

(g)and

(h)of such section shall be deemed to be made. Expedited consultation pursuant to section 402.05 of title 50, Code of Federal Regulations, shall apply to repair, restoration, reconstruction, or replacement under subsection (a). Any repair, restoration, reconstruction, or replacement that is exempt under paragraph

(5)shall also be exempt from requirements under— the Migratory Bird Treaty Act ( 16 U.S.C. 703 et seq. ); the Wild and Scenic Rivers Act ( 16 U.S.C. 1271 et seq. ); and the Fish and Wildlife Coordination Act ( 16 U.S.C. 661 et seq. ). Subject to subsections (a), (b), and (d), with the written agreement of the Administrator and a State, which may be in the form of a memorandum of understanding, the Administrator may assign, and the State may assume, the responsibilities of the Administrator with respect to 1 or more disaster recovery projects within the State under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ) and the National Historic Preservation Act of 1966 ( 54 U.S.C. 300101 et seq. ), so long as— the State shall assume responsibilities under this section subject to the same procedural and substantive requirements that would apply if such responsibilities were carried out by the Administrator, including the exemptions and expedited procedures under subsection (b); any responsibility of the Administrator not explicitly assumed by the State under such agreement shall remain the responsibility of the Administrator; nothing in such agreement preempts or interferes with any power, jurisdiction, responsibility, or authority of an agency, other than the Administrator, under applicable law (including regulations), with respect to a project; the Administrator shall not require a State, as a condition of participation in the program, to forego project delivery methods that are otherwise permissible for projects; and a State assuming the responsibilities of the Administrator under this section for a specific project may use funds for attorney’s fees directly attributable to eligible activities associated with the project for an increase in management costs. If a State assumes responsibility under paragraph (1)— the Administrator may assign to such State, and such State may assume, all or part of the responsibilities of the Administrator for environmental review, consultation, or other action required under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ) and the National Historic Preservation Act of 1966 ( 54 U.S.C. 300101 et seq. ), pertaining to the review or approval of a specific project; and at the request of such State, the Administrator may also assign to such State, and such State may assume, the responsibilities of the Administrator with respect to 1 or more disaster recovery projects within the State under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ) and the National Historic Preservation Act of 1966 ( 54 U.S.C. 300101 et seq. ). Not later than 180 days after the date of enactment of the FEMA Act of 2025 , the Administrator shall promulgate regulations that establish requirements relating to information required to be contained in any request of a State to enter into a written agreement under paragraph (1), including, at a minimum— a description of the projects or classes of projects for which the State anticipates exercising the authority under this subsection; verification of the financial and personnel resources necessary to carry out such authority; a demonstration of compliance with any applicable public notice law of the State, including copies of comments received from a solicitation carried out pursuant to any such law; and a demonstration of compliance with applicable Federal environmental and historic preservation law. A written agreement under this section shall— be executed by the Governor of the respective State; provide that the State— agrees to presume all or part of the responsibilities of the Administrator described in paragraph (1); 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 Administrator assumed by the State; and 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 under such agreement; and are comparable to section 552 of title 5, United States Code, including providing that any decision regarding the public availability of a document under such State laws is reviewable by a court of competent jurisdiction; and agree to maintain the financial resources necessary to carry out the responsibilities being assumed; require the State to provide to the Administrator any information the Administrator reasonably considers necessary to ensure that the State is adequately carrying out the responsibilities assigned to the State under such agreement; 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 Administrator had the Administrator taken the actions in question. The Administrator shall have the right to intervene in any action described in paragraph (1). A State that assumes responsibility under paragraph

(2)shall be solely responsible and solely liable for carrying out, in lieu of and without further approval of the Administrator, the responsibilities under such paragraph, until the participation of the State is terminated under paragraph (8). Nothing in this section permits a State to assume any rulemaking authority of the Administrator under any Federal law. The Administrator may only terminate the participation of any State under this subsection if— the Administrator determines that the State is not adequately carrying out the responsibilities assigned to the State in a written agreement under this subsection; the Administrator provides to the State— a notification of a determination of noncompliance; a period of not less than 120 days to take such corrective action as the Administrator determines to be necessary to comply with the applicable agreement; and on request of the Governor, a detailed description of each responsibility in need of corrective action regarding an inadequacy identified under this subparagraph; and the State, after the notification and period provided under clause (ii), fails to take satisfactory corrective action, as determined by the Administrator. A State may terminate the participation of the State in the program at any time by providing to the Administrator 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 Administrator may provide. To ensure compliance by a State with any agreement of the State under this subsection (including compliance by the State with all Federal laws for which responsibility is assumed under paragraph (2)), for each State participating in an agreement under this subsection, the inspector general of the Federal Emergency Management Agency established in section 14 of the FEMA Act of 2025 , shall— meet with the State not later than 180 days after signing an agreement to review how the agreement is being implement and plan the first annual audit, including consulting with the State on the selection of the audit team members; conduct an annual audit for each year the State is participating in an agreement under this subsection; in the case of an agreement with a duration of more than 5 years, conduct a comprehensive audit covering the first 5 years of such agreement; complete each audit within 180 days, including time for public comment and responses; make all audits available to the public for comment; and respond to public comments not later than 60 days after the last day of the comment period. After a State has been participating in an agreement under this subsection for 4 years, the Administrator shall continue to monitor the compliance of such State with the agreement, including whether the State is providing enough funding to meet the obligations of such agreement. The Administrator shall submit to Congress an annual report that describes the administration of this subsection. A State assuming authority under a written agreement under this subsection may, as appropriate and at the request of a local government— exercise such authority on behalf of the local government for a locally administered project; or provide guidance and training on consolidating and minimizing the documentation and environmental analyses necessary for sponsors of a locally administered project to comply with the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ) and any comparable requirements under State law. A State agency assuming responsibility under an agreement under this subsection shall be deemed to be an agency for the purposes of section 2412 of title 28, United States Code. In this section, the term applicable building codes has the meaning given the term in section 409(b)(11). Nothing in this section shall alter or affect the applicability of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ) to other Federal actions taken under this Act or under any other provisions of law. .

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