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[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2538 Introduced in House (IH)]

112th CONGRESS
  1st Session
                                H. R. 2538

  To amend the National Environmental Policy Act of 1969 to authorize 
      assignment to States of Federal agency environmental review 
               responsibilities, and for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             July 14, 2011

  Mr. Calvert (for himself, Mr. Lewis of California, Mr. McKeon, Mr. 
   Gallegly, Mr. Gary G. Miller of California, Mr. Rohrabacher, Mr. 
   Cardoza, and Mr. Denham) introduced the following bill; which was 
             referred to the Committee on Natural Resources

_______________________________________________________________________

                                 A BILL

 
  To amend the National Environmental Policy Act of 1969 to authorize 
      assignment to States of Federal agency environmental review 
               responsibilities, 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 ``Reducing Environmental Barriers to 
Unified Infrastructure and Land Development Act of 2011 Act'' or the 
``REBUILD Act''.

SEC. 2. ASSIGNMENT TO STATES OF FEDERAL ENVIRONMENTAL REVIEW 
              RESPONSIBILITIES.

    Title I of the National Environmental Policy Act of 1969 (42 U.S.C. 
4331 et seq.) is amended by adding at the end the following new 
section:

``SEC. 106. ASSIGNMENT TO STATES OF ENVIRONMENTAL REVIEW 
              RESPONSIBILITIES WITH RESPECT TO CERTAIN PROJECTS IN THE 
              STATE.

    ``(a) Assumption of Responsibility.--
            ``(1) In general.--Subject to the other provisions of this 
        section, with the written agreement of the responsible Federal 
        official and a State, which may be in the form of a memorandum 
        of understanding, the responsible Federal official may assign, 
        and the State may assume, the responsibilities of the 
        responsible Federal official under the National Environmental 
        Policy Act of 1969 (42 U.S.C. 4321 et seq.) with respect to one 
        or more covered Federal projects of the responsible Federal 
        official within the State.
            ``(2) Additional responsibility.--If a State assumes 
        responsibility under paragraph (1) the responsible Federal 
        official may assign to the State, and the State may assume, all 
        or part of the responsibilities of the responsible Federal 
        official for environmental review, consultation, or other 
        action required under any Federal environmental law pertaining 
        to the review or approval of covered projects of the 
        responsible Federal official.
            ``(3) Procedural and substantive requirements.--A State 
        shall assume responsibility under this section subject to the 
        same procedural and substantive requirements as would apply if 
        that responsibility were carried out by the responsible Federal 
        official.
            ``(4) Federal responsibility.--Any responsibility of the 
        responsible Federal official not explicitly assumed by the 
        State by written agreement under this section shall remain the 
        responsibility of the responsible Federal official.
            ``(5) No effect on authority.--Nothing in this section 
        preempts or interferes with any power, jurisdiction, 
        responsibility, or authority of an agency, other than the 
        agency of the responsible Federal official for a covered 
        project, under applicable law (including regulations) with 
        respect to the project.
    ``(b) State Participation.--
            ``(1) Application.--Not later than 180 days after the date 
        of enactment of this section, each responsible Federal official 
        shall promulgate regulations that establish requirements 
        relating to information required to be contained in any 
        application of a State to assume responsibility under this 
        section with respect to covered Federal projects of the 
        responsible Federal official, including, at a minimum--
                    ``(A) the projects or classes of projects for which 
                the State anticipates exercising the authority that may 
                be granted under this section;
                    ``(B) verification of the financial resources 
                necessary to carry out the authority that may be 
                assigned under this section; and
                    ``(C) evidence of the notice and solicitation of 
                public comment by the State relating to assumption of 
                responsibility under this section by the State, 
                including copies of comments received from that 
                solicitation.
            ``(2) Public notice.--
                    ``(A) In general.--Each State that submits an 
                application under this subsection shall give notice of 
                the intent of the State to submit such application not 
                later than 30 days before the date of submission of the 
                application.
                    ``(B) Method of notice and solicitation.--The State 
                shall provide notice and solicit public comment under 
                this paragraph by publishing the complete application 
                of the State in accordance with the appropriate public 
                notice law of the State.
            ``(3) Selection criteria.--A responsible Federal official 
        may approve the application of a State under this section only 
        if--
                    ``(A) the regulatory requirements under paragraph 
                (2) have been met;
                    ``(B) the responsible Federal official determines 
                that the State has the capability, including financial 
                and personnel, to assume the responsibility; and
                    ``(C) the head of the State agency having primary 
                jurisdiction over covered projects with respect to 
                which responsibility would be assigned to the State 
                pursuant to the application enters into a written 
                agreement with the responsible Federal official 
                described in subsection (c).
            ``(4) Other federal agency views.--If a State applies to 
        assume a responsibility of a responsible Federal official that 
        would have required the responsible Federal official to consult 
        with another Federal agency, the responsible Federal official 
        shall solicit the views of the Federal agency before approving 
        the application.
    ``(c) Written Agreement.--A written agreement under this section 
shall--
            ``(1) be executed by the Governor of the State or the head 
        of the State agency referred to in subsection (b)(3)(C);
            ``(2) be in such form as the responsible Federal official 
        may prescribe; and
            ``(3) provide that the State--
                    ``(A) agrees to assume all or part of the 
                responsibilities of the responsible Federal official 
                described in subsection (a);
                    ``(B) 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 responsible Federal official 
                assumed by the State;
                    ``(C) certifies that State laws (including 
                regulations) are in effect that--
                            ``(i) authorize the State 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.
    ``(d) Jurisdiction.--
            ``(1) In general.--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.
            ``(2) Legal standards and requirements.--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 responsible Federal official had the responsible 
        Federal official taken the actions in question.
            ``(3) Intervention.--The responsible Federal official shall 
        have the right to intervene in any action described in 
        paragraph (1).
    ``(e) Effect of Assumption of Responsibility.--A State that assumes 
responsibility under subsection (a) shall be solely responsible and 
solely liable for carrying out, in lieu of the responsible Federal 
official, the responsibilities assumed under subsection (a), until the 
termination of such assumption of responsibility.
    ``(f) Limitations on Agreements.--Nothing in this section permits a 
State to assume any rulemaking authority of the responsible Federal 
official under any Federal law.
    ``(g) Audits.--
            ``(1) In general.--To ensure compliance by a State with any 
        agreement of the State under subsection (c) (including 
        compliance by the State with all Federal laws for which 
        responsibility is assumed under subsection (a)), for each State 
        participating in the program under this section, the 
        responsible Federal official shall conduct--
                    ``(A) semiannual audits during each of the first 2 
                years of the effective period of the agreement; and
                    ``(B) annual audits during each subsequent year of 
                such effective period.
            ``(2) Public availability and comment.--
                    ``(A) In general.--An audit conducted under 
                paragraph (1) shall be provided to the public for 
                comment for a 30-day period.
                    ``(B) Response.--Not later than 60 days after the 
                date on which the period for public comment ends, the 
                responsible Federal official shall respond to public 
                comments received under subparagraph (A).
    ``(h) Report to Congress.--Each responsible Federal official shall 
submit to Congress an annual report that describes the administration 
of this section by such official.
    ``(i) Termination by Responsible Federal Official.--The responsible 
Federal official with respect to an agreement with a State under this 
section may terminate the agreement and any responsibility or authority 
of the State under this section with respect to such agreement, if--
            ``(1) the responsible Federal official determines that the 
        State is not adequately carrying out the responsibilities 
        assumed by the State under this section;
            ``(2) the responsible Federal official 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 responsible Federal 
                official determines is necessary to comply with the 
                applicable agreement; and
            ``(3) the State, after the notification and period provided 
        under subparagraph (B), fails to take satisfactory corrective 
        action, as determined by responsible Federal official.
    ``(j) Definitions.--In this section:
            ``(1) Covered federal project.--The term `covered Federal 
        project' means--
                    ``(A)(i) except as provided in clause (ii) and 
                subparagraph (B), any project that is funded by, 
                carried out by, or subject to approval or disapproval 
                by a responsible official, including any project for 
                which a permit or other authorization by a responsible 
                Federal official is required; and
                    ``(ii) in the case of projects funded, carried out 
                by, or subject to review, approval, or disapproval by 
                the Secretary of the Army, and except as provided in 
                subparagraph (B), includes only such projects of the 
                Corps of Engineers; and
                    ``(B) the preparation of any statement required by 
                section 102(2)(C).
            ``(2) Responsible federal official.--The term `responsible 
        Federal official' means--
                    ``(A) the Secretary of the Interior;
                    ``(B) the Secretary of Transportation;
                    ``(C) the Administrator of the Environmental 
                Protection Agency;
                    ``(D) the Secretary of the Army; and
                    ``(E) the head of a Federal agency, with respect to 
                the preparation of statements under section 102(2)(C) 
                for major Federal actions (as that term is used in that 
                section) of the agency.''.
                                 <all>
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