I 
113TH CONGRESS 
1ST SESSION H. R. 3730 
To direct the Secretary of the Army to establish a process to expedite 
the consideration of applications submitted by States and municipalities 
for permits in connection with public safety projects, and for other 
purposes. 
IN THE HOUSE OF REPRESENTATIVES 
DECEMBER 12, 2013 
Mr. BILIRAKIS introduced the following bill; which was referred to the Com-
mittee on Transportation and Infrastructure, and in addition to the Com-
mittee on Natural Resources, for a period to be subsequently determined 
by the Speaker, in each case for consideration of such provisions as fall 
within the jurisdiction of the committee concerned 
A BILL 
To direct the Secretary of the Army to establish a process 
to expedite the consideration of applications submitted 
by States and municipalities for permits in connection 
with public safety projects, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Public Infrastructure 
Modernization Act of 2013’’. 
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SEC. 2. EXPEDITED PROCESS FOR CONSIDERATION OF AP-
PLICATIONS TO CONDUCT PUBLIC SAFETY 
PROJECTS. 
(a) APPROVAL AND DISAPPROVAL OF PERMITS.— 
(1) DEADLINE.—The Secretary of the Army 
shall approve or disapprove a covered permit appli-
cation for a public safety project on or before the 
last day of the 2-year period beginning on the date 
of submission of the application. 
(2) FAILURE TO MEET DEADLINE.—If the Sec-
retary does not approve or disapprove a covered per-
mit application for a public safety project on or be-
fore the last day specified in paragraph (1)— 
(A) the application shall be considered 
under the expedited process established under 
subsection (b); unless 
(B) the Governor of the State in which the 
project is to be located issues a declaration of 
emergency with respect to the project under 
subsection (c), in which case the requirements 
of subsection (c) shall apply to the application. 
(b) EXPEDITED PROCESS.— 
(1) IN GENERAL.—The Secretary shall estab-
lish, by regulation, a process to expedite the consid-
eration of a covered permit application for a public 
safety project. 
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(2) SPECIFICATIONS
FOR
EXPEDITED
PROC-
ESS.—The expedited process shall provide for the 
following: 
(A) In complying with the requirements of 
the National Environmental Policy Act of 1969 
(42 U.S.C. 4321 et seq.) with respect to the 
project, the Secretary shall— 
(i) prepare an environmental assess-
ment or an environmental impact state-
ment in accordance with paragraph (3); 
(ii) weigh the public safety aspects of 
the project as greater than the environ-
mental costs; and 
(iii) complete consultation with other 
agencies, as necessary, not later than 6 
months after the last day specified in sub-
section (a)(1). 
(B) In issuing a permit under the expe-
dited process, the Secretary may not require 
mitigation costs in an amount that exceeds 20 
percent of the total cost of the project. 
(C) In issuing a permit under the expe-
dited process, the Secretary may implement 
species relocation for the project, as described 
in subsection (d). 
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(3) ENVIRONMENTAL ASSESSMENT OR IMPACT 
STATEMENT.—In preparing an environmental as-
sessment or an environmental impact statement 
under paragraph (2)(A)— 
(A) the Secretary shall study, develop, and 
describe the proposed action and the alternative 
of no action; but 
(B) the Secretary is not required to study, 
develop, or describe any alternative actions to 
the proposed agency action unless the munici-
pality in which is the project is to be located 
submits an alternative action. 
(4) JUDICIAL REVIEW.—A person may obtain 
judicial review of any determination made for a pub-
lic safety project under the expedited process only in 
the United States district court for the judicial dis-
trict in which the project is to be located. 
(c) EMERGENCY DECLARATION.— 
(1) IN GENERAL.—If the Secretary has not ap-
proved or disapproved a covered permit application 
for a public safety project on or before the last day 
specified in subsection (a)(1), the Governor of the 
State in which the project is to be located may issue 
a declaration of emergency with respect to the 
project. 
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(2) ALTERNATIVE
ARRANGEMENTS.—If the 
Governor of a State issues a declaration of emer-
gency with respect to a public safety project under 
paragraph (1), the State or municipality that sub-
mitted a covered permit application for the project 
may request that— 
(A) the application be considered under the 
expedited process established under subsection 
(b); or 
(B) the President, acting through the 
Council on Environmental Quality, establish al-
ternative arrangements for conducting the 
project. 
(3) DEADLINE.—Pursuant to a request received 
under paragraph (2)(B), the Council on Environ-
mental Quality, on or before the last day of the 90- 
day period beginning on the date of the request 
shall— 
(A) create an alternative to the proposed 
public safety project; or 
(B) approve the project. 
(4) FAILURE TO MEET DEADLINE.—If, after re-
ceiving a request under paragraph (2)(B), the Coun-
cil on Environmental Quality does not establish al-
ternate procedures for conducting a public safety 
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project or disapprove the project on or before the 
last day specified in paragraph (3)— 
(A) the covered permit application sub-
mitted for the project shall be deemed ap-
proved; and 
(B) the requirements of the National Envi-
ronmental Policy Act of 1969 (42 U.S.C. 4321 
et seq.) relating to the project shall be deemed 
satisfied. 
(5) JUDICIAL REVIEW.—The deemed approval 
of a covered permit application pursuant to para-
graph (4)(A) shall not be subject to judicial review. 
(6) RELATIONSHIP TO OTHER LAWS.—Any al-
ternative arrangements established for a public safe-
ty project under paragraph (2)— 
(A) shall be deemed to satisfy the require-
ments of section 404 of the Federal Water Pol-
lution Control Act (33 U.S.C. 1344) and the 
National Environmental Policy Act of 1969 (42 
U.S.C. 4321 et seq.) with respect to the project; 
and 
(B) shall not be subject to judicial review. 
(d) SPECIES RELOCATIONS.—In the case of a covered 
permit application for a public safety project that author-
izes species relocation pursuant to subsection (b)(2)(C), 
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the Secretary, acting through the United States Fish and 
Wildlife Service, any Federal land management agency, 
the National Marine Fisheries Service, or a State con-
servation agency, shall relocate from the project any the 
members of a threatened or endangered species of plant 
or animal that the relevant Federal agencies determine 
would be taken in the course of the project. 
(e) APPLICABILITY.—This section shall apply to a 
covered permit application for a public safety project sub-
mitted after the date of enactment of this Act. 
(f) REPORT TO CONGRESS.—Not later than 1 year 
after the date of enactment of this Act, and annually 
thereafter, the Secretary shall submit to Congress a report 
on the implementation of this section. 
(g) DEFINITIONS.—In this section, the following defi-
nitions apply: 
(1) COVERED PERMIT APPLICATION.—The term 
‘‘covered permit application’’ means an application 
for a permit to discharge dredge or fill material sub-
mitted by a State or municipality under section 404 
of the Federal Water Pollution Control Act (33 
U.S.C. 1344). 
(2) MUNICIPALITY.—The term ‘‘municipality’’ 
has the meaning given that term in section 502 of 
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the Federal Water Pollution Control Act (33 U.S.C. 
1362). 
(3) PERSON.—The term ‘‘person’’ has the 
meaning given that term in section 502 of the Fed-
eral Water Pollution Control Act (33 U.S.C. 1362). 
(4) PUBLIC SAFETY PROJECT.—The term ‘‘pub-
lic safety project’’ means a project that has one of 
the following as its primary purpose: 
(A) The construction of a levee, self-closing 
flood barrier, seawall, or flood gate. 
(B) Slough and stream construction and 
dredging for flood control. 
(C) The construction of a retention pond 
for a residential area. 
(D) The construction of a road or bridge 
to be used for evacuation purposes in the case 
of a hurricane, wildfire, or other extreme weath-
er event. 
(E) The construction of a storm water con-
veyance facility. 
Æ 
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