I 

116TH CONGRESS 

1ST SESSION H. R. 5117 

To require the Secretary of Transportation to establish a working group 

to conduct a study on the regulatory and legislative improvements necessary to preserve access to certain construction materials and reduce 

the costs and environmental impacts of infrastructure projects, and for 

other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

NOVEMBER 15, 2019 

Mr. STANTON (for himself and Mr. BALDERSON) introduced the following bill; 

which was referred to the Committee on Transportation and Infrastructure 

A BILL 

To require the Secretary of Transportation to establish a 

working group to conduct a study on the regulatory 

and legislative improvements necessary to preserve access 

to certain construction materials and reduce the costs 

and environmental impacts of infrastructure projects, 

and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Rebuilding Our Com5 munities by Keeping aggregates Sustainable Act’’ or the 

6 ‘‘ROCKS Act’’. 


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1 SEC. 2. WORKING GROUP ON COVERED RESOURCES. 

2 (a) ESTABLISHMENT.—Not later than 120 days after 

3 the date of the enactment of this Act, the Secretary shall 

4 establish a working group (in this section referred to as 

5 the ‘‘Working Group’’) to conduct a study on the regu6 latory and legislative improvements necessary to preserve 

7 access to covered resources for, and reduce the costs and 

8 environmental impacts of, infrastructure projects. 

9 (b) MEMBERSHIP.— 

10 (1) APPOINTMENT.—The Secretary shall ap11 point to the Working Group individuals with knowl12 edge and expertise in the production and transpor13 tation of covered resources. 

14 (2) REPRESENTATION.—The Working Group 

15 shall include at least one representative of each of 

16 the following: 

17 (A) The Department of the Interior. 

18 (B) The United States Geological Survey. 

19 (C) The Army Corps of Engineers. 

20 (D) The Department of Defense. 

21 (E) State agencies, including State depart22 ments of transportation and State planning and 

23 geologic survey and mapping agencies. 

24 (F) Commercial motor vehicle operators, 

25 including small business operators and opera26 tors who transport covered resources. 


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1 (G) Covered resources producers. 

2 (H) Construction contractors. 

3 (I) Metropolitan and regional planning or4 ganizations. 

5 (J) Indian Tribes, including tribal elected 

6 leadership or tribal transportation officials. 

7 (c) DUTIES.—In carrying out the study required 

8 under subsection (a), the Working Group shall analyze— 

9 (1) the use of covered resources in federally 

10 funded transportation and construction projects; 

11 (2) how the proximity of covered resources to 

12 such projects affects the cost and environmental im13 pact of such projects; 

14 (3) how State, tribal, and local transportation 

15 and planning agencies may consider covered re16 sources when developing transportation and con17 struction projects; and 

18 (4) measures the Secretary, relevant Federal 

19 agencies, and State, tribal, and local transportation 

20 and planning agencies may take to preserve covered 

21 resources for future development. 

22 (d) CONSULTATION.—In carrying out the study re23 quired under subsection (a), the Working Group shall con24 sult with— 

25 (1) chief executive officers of States; 


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1 (2) State, tribal, and local transportation and 

2 planning agencies; 

3 (3) other relevant State, tribal, and local agen4 cies, including State agencies associated with cov5 ered resources protection; 

6 (4) members of the public with industry experi7 ence with respect to covered resources; and 

8 (5) any other stakeholder the Working Group 

9 determines appropriate. 

10 (e) REPORTS.— 

11 (1) FINAL REPORT.—Not later than 2 years 

12 after the date on which the Working Group is estab13 lished, the Working Group shall submit to the Sec14 retary and the appropriate congressional committees 

15 a report that includes— 

16 (A) the findings of the study required 

17 under subsection (a), including a summary of 

18 the views expressed by individuals and entities 

19 consulted under subsection (d); and 

20 (B) the regulatory and legislative changes 

21 that the Working Group recommends to pre22 serve access to covered resources for, and re23 duce the costs and environmental impacts, of 

24 infrastructure projects. 


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1 (2) INTERIM REPORT.—Not later than 1 year 

2 after the date on which the Working Group is estab3 lished, the Working Group shall submit to the Sec4 retary and the appropriate congressional committees 

5 a report on the progress of the Working Group in 

6 conducting the study required under subsection (a). 

7 (f) DEFINITIONS.—In this section: 

8 (1) APPROPRIATE CONGRESSIONAL COMMIT9 TEES.—The term ‘‘appropriate congressional com10 mittees’’ means the Committee on Transportation 

11 and Infrastructure and the Committee on Appro12 priations of the House of Representatives and the 

13 Committee on Environment and Public Works and 

14 the Committee on Appropriations of the Senate. 

15 (2) COVERED RESOURCES.—The term ‘‘covered 

16 resources’’ means common variety materials used in 

17 the construction and maintenance of roads, build18 ings, and other facilities, including stone, sand, and 

19 gravel. 

20 (3) INDIAN TRIBE.—The term ‘‘Indian Tribe’’ 

21 has the meaning given the term ‘‘Indian tribe’’ in 

22 section 4 of the Indian Self-Determination and Edu23 cation Assistance Act (25 U.S.C. 5304). 

24 (4) RELEVANT FEDERAL AGENCIES.—The term 

25 ‘‘relevant Federal agencies’’ means the Department 


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1 of Defense, the Department of the Interior, the 

2 Army Corps of Engineers, the United States Geo3 logical Survey, the General Services Administration, 

4 and any other Federal entity that provides funding 

5 to purchase covered resources. 

6 (5) SECRETARY.—The term ‘‘Secretary’’ means 

7 the Secretary of Transportation. 

8 (6) STATE.—The term ‘‘State’’ means each of 

9 the several States, the District of Columbia, and 

10 each territory or possession of the United States. 

Æ 


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