[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2389 Introduced in House (IH)]
112th CONGRESS
1st Session
H. R. 2389
To amend title 23, United States Code, to modify the surface
transportation project delivery pilot program to carry out a
demonstration program using State environmental laws, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 24, 2011
Mr. Gary G. Miller of California (for himself, Mr. Denham, Mr. Issa,
Mr. Cardoza, Mr. Bilbray, Mr. Thompson of California, Mr. Rohrabacher,
Mr. Calvert, and Mr. McCarthy of California) introduced the following
bill; which was referred to the Committee on Transportation and
Infrastructure
_______________________________________________________________________
A BILL
To amend title 23, United States Code, to modify the surface
transportation project delivery pilot program to carry out a
demonstration program using State environmental laws, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Environmental Review Cooperation
Act''.
SEC. 2. SURFACE TRANSPORTATION PROJECT DELIVERY DEMONSTRATION PROGRAM.
(a) In General.--Chapter 3 of title 23, United States Code, is
amended by adding at the end the following:
``Sec. 330. Use of State environmental laws
``(a) Demonstration Program.--Subject to the requirements of this
section, the Secretary shall carry out a demonstration program to
permit an eligible State or a unit of local government in the State to
carry out the responsibilities of the Secretary with respect to highway
projects within the State under the National Environmental Policy Act
of 1969 (42 U.S.C. 4321 et seq.) through the implementation of the
environmental laws of such State instead of Federal environmental laws.
``(b) Eligible States and Local Governments.--The Secretary may
permit a State or a unit of local government in the State to
participate in the demonstration program only if the Secretary
determines, after reviewing the environmental laws of the State and
such other materials as the Secretary may require, that--
``(1) the environmental laws of the State provide a
substantially equivalent level of environmental protection as
applicable Federal laws;
``(2) participation by the State or a unit of local
government in the State in the demonstration program will not
diminish protection of the environment; and
``(3) the head of the State agency having primary
jurisdiction over highway matters or the head of a unit of
local government in the State having primary jurisdiction over
highway matters in that unit enters into a written agreement
with the Secretary described in subsection (d).
``(c) Final Determination.--The Secretary shall make the final
determination with regard to the participation of a State or a unit of
local government in the State in the demonstration program within 6
months after the date of enactment of the Environmental Review
Cooperation Act.
``(d) Written Agreement.--A written agreement under this section
shall--
``(1) be executed by the Governor or the top-ranking
transportation official in the State who is charged with
responsibility for highway construction or the head of a unit
of local government in the State having primary jurisdiction
over highway matters in that unit;
``(2) be in such form as the Secretary may prescribe;
``(3) provide that the State or the unit of local
government--
``(A) agrees to assume all or part of the
responsibilities of the Secretary described in
subsection (a);
``(B) expressly consents, on behalf of the State or
the unit of local government, to accept the
jurisdiction of the Federal courts for the compliance,
discharge, and enforcement of any responsibility of the
Secretary assumed by the State or the unit of local
government;
``(C) certifies that State laws (including
regulations) are in effect that--
``(i) authorize the State or the unit of
local government to take the actions necessary
to carry out the responsibilities being
assumed; and
``(ii) are comparable to section 552 of
title 5, including providing that any decision
regarding the public availability of a document
under those State laws is reviewable by a court
of competent jurisdiction; and
``(D) agrees to maintain the financial resources
necessary to carry out the responsibilities being
assumed.
``(e) Audits.--
``(1) In general.--To ensure compliance by a State or a
unit of local government with any requirements for
participating in the program under this section, the Secretary
shall conduct--
``(A) semiannual audits during each of the first 2
years of participation in the program; and
``(B) annual audits during each subsequent year of
participation in the program.
``(2) Public availability and comment.--
``(A) In general.--An audit conducted under
paragraph (1) shall be provided to the public for
comment.
``(B) Response.--Not later than 60 days after the
date on which the period for public comment ends, the
Secretary shall respond to public comments received
under subparagraph (A).
``(f) Report to Congress.--
``(1) In general.--Not later than 2 years after the date on
which the first State is selected for participation in the
demonstration program, and annually thereafter, the Secretary
shall submit to Congress, and make available to the public, a
report on the results of the demonstration program.
``(2) Contents.--For each reporting period, the report
shall contain, at a minimum, the following:
``(A) A list identifying how many projects have
been approved and completed under the demonstration
program.
``(B) An assessment of whether delays were reduced
and project delivery was enhanced as a result of the
demonstration program.
``(C) An assessment of whether there have been any
adverse impacts or risks to the environment as a result
of the demonstration program.
``(g) Termination.--
``(1) In general.--Except as provided in paragraph (2), the
program shall terminate on the date that is 7 years after the
date of enactment of this section.
``(2) Termination by secretary.--The Secretary may
terminate the participation of any State or unit of local
government in the program if--
``(A) the Secretary determines that the State or
unit of local government is not adequately carrying out
the responsibilities assigned to the State or unit of
local government, respectively;
``(B) the Secretary provides to the State or unit
of local government--
``(i) notification of the determination of
noncompliance; and
``(ii) a period of at least 30 days during
which to take such corrective action as the
Secretary determines is necessary to comply
with the applicable agreement; and
``(C) the State or unit of local government, after
the notification and period provided under subparagraph
(B), fails to take satisfactory corrective action, as
determined by the Secretary.''.
(b) Conforming Change.--The analysis for chapter 3 of title 23,
United States Code, is amended by adding after the item related to
section 329 the following:
330. Use of State environmental laws.
SEC. 3. SURFACE TRANSPORTATION PROJECT DELIVERY PILOT PROGRAM.
Section 327 of title 23, United States Code, is amended--
(1) in the section heading by striking ``pilot'';
(2) in subsection (a)(1) by striking ``pilot'';
(3) in subsection (a)(2)--
(A) in subparagraph (B) by striking clause (ii) and
inserting the following:
``(ii) the Secretary may not assign any
responsibility imposed on the Secretary by
section 134 or 135.''; and
(B) by adding at the end the following:
``(F) Preservation of flexibility.--The Secretary
shall not require a State, as a condition of
participation in this program, to forego project
delivery methods that are otherwise permissible for
highway projects.
``(G) Highway project.--A highway project under
subparagraph (A) includes any project eligible under
this title. With respect to such a project, a State may
assume the responsibilities administered by the Federal
Highway Administration, but the State may not assume
the responsibilities of any other modal administration
within the Department.'';
(4) in subsection (b)--
(A) by striking paragraph (1) and inserting the
following:
``(1) Participating states.--
``(A) In general.--All States are eligible to
participate in the program.
``(B) Special rule.--Any State participating in the
program under this section on September 30, 2009, shall
be permitted by the Secretary to continue to
participate in the program and such State shall not
have to submit an application under paragraph (2) in
order to participate in the program.''; and
(B) in paragraph (2) by striking ``this section,
the Secretary shall promulgate'' and inserting ``the
Environmental Review Cooperation Act, the Secretary
shall amend, as appropriate,''; and
(5) by striking subsection (i) and inserting the following:
``(i) Termination.--The Secretary may terminate the participation
of any State in the program if--
``(1) the Secretary determines that the State is not
adequately carrying out the responsibilities assigned to the
State;
``(2) the Secretary provides to the State--
``(A) notification of the determination of
noncompliance; and
``(B) a period of at least 30 days during which to
take such corrective action as the Secretary determines
is necessary to comply with the applicable agreement;
and
``(3) the State, after the notification and period provided
under paragraph (2), fails to take satisfactory corrective
action, as determined by Secretary.''.
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