(c) REVIEW
OF
APPLICATION.—The Secretary 
shall— 
(1) review an application submitted under sub-
section (b); 
(2) approve or disapprove the application in ac-
cordance with subsection (d) not later than 90 days 
after the date of the receipt of the application; and 
(3) transmit to the State notice of the approval 
or disapproval, together with a statement of the rea-
sons for the approval or disapproval. 
(d) APPROVAL OF STATE PROGRAMS.— 
(1) IN GENERAL.—The Secretary shall approve 
each such application if the Secretary finds that the 
proposed alternative environmental review and ap-
proval procedures of the State are substantially 
equivalent to the applicable Federal environmental 
laws and Federal regulations. 
(2) EXCLUSION.—The National Environmental 
Policy Act of 1969 and the Endangered Species Act 
of 1973 (16 U.S.C. 1531 et seq.) shall not apply to 
any decision by the Secretary to approve or dis-
approve any application submitted pursuant to this 
section. 
(e) COMPLIANCE WITH PERMITS.—Compliance with 
a permit or other approval of a project issued pursuant 
VerDate Sep 11 2014 
00:26 May 28, 2015
Jkt 049200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H2497.IH
H2497
SSpencer on DSK4SPTVN1PROD with BILLS
to a program approved by the Secretary under this section 
shall be considered compliance with the Federal laws and 
regulations identified in the program approved by the Sec-
retary pursuant to this section. 
(f) REVIEW AND TERMINATION.— 
(1) REVIEW.—All State alternative environ-
mental review and approval procedures approved 
under this section shall be reviewed by the Secretary 
not less than once every 5 years. 
(2) PUBLIC NOTICE AND COMMENT.—In con-
ducting the review process under paragraph (1), the 
Secretary shall provide notice and an opportunity for 
public comment. 
(3) EXTENSIONS AND TERMINATIONS.—At the 
conclusion of the review process, the Secretary may 
extend the State alternative environmental review 
and approval procedures for an additional 5-year pe-
riod or terminate the State program. 
(g) REPORT TO CONGRESS.—Not later than 2 years 
after the date of enactment of this section, and annually 
thereafter, the Secretary shall submit to Congress a report 
that describes the administration of the program. 
(h) DEFINITIONS.—For purposes of this section: 
(1) ENVIRONMENTAL
LAW.—The term ‘‘envi-
ronmental law’’ includes any law that provides pro-
VerDate Sep 11 2014 
00:26 May 28, 2015
Jkt 049200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H2497.IH
H2497
SSpencer on DSK4SPTVN1PROD with BILLS
cedural or substantive protection, as applicable, for 
the natural or built environment with regard to the 
construction and operation of projects. 
(2) FEDERAL
ENVIRONMENTAL
LAWS.—The 
term ‘‘Federal environmental laws’’ means laws gov-
erning the review of environmental impacts of, and 
issuance of permits and other approvals for, the con-
struction and operation of projects, including section 
102(2)(C) of the National Environmental Policy Act 
of 1969 (42 U.S.C. 4332(2)(C)), section 404 of the 
Federal Water Pollution Control Act (33 U.S.C. 
1344), section 106 of the National Historic Preser-
vation Act (16 U.S.C. 470f), and sections 7(a)(2), 
9(a)(1)(B), and 10(a)(1)(B) of the Endangered Spe-
cies 
Act 
of 
1973 
(16 
U.S.C. 
1536(a)(2), 
1538(a)(1)(B), 1539(a)(1)(B)). 
(3) PROJECT.—The term ‘‘project’’ means any 
project eligible for federal assistance under title 23, 
subtitle V of title 49, or chapter 53 of title 49 of the 
United States Code, or involves the participation of 
more than one Department of Transportation modal 
administration or secretarial office. 
Æ 
VerDate Sep 11 2014 
00:26 May 28, 2015
Jkt 049200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6301
E:\BILLS\H2497.IH
H2497
SSpencer on DSK4SPTVN1PROD with BILLS