Public Infrastructure Modernization Act of 2013

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Public Infrastructure Modernization 
Act of 2013''.

SEC. 2. EXPEDITED PROCESS FOR CONSIDERATION OF APPLICATIONS 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 application 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 Secretary does not 
        approve or disapprove a covered permit application for a public 
        safety project on or before 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 establish, by 
        regulation, a process to expedite the consideration of a 
        covered permit application for a public safety project.
            (2) Specifications for expedited process.--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 assessment or 
                        an environmental impact statement in accordance 
                        with paragraph (3);
                            (ii) weigh the public safety aspects of the 
                        project as greater than the environmental 
                        costs; and
                            (iii) complete consultation with other 
                        agencies, as necessary, not later than 6 months 
                        after the last day specified in subsection 
                        (a)(1).
                    (B) In issuing a permit under the expedited 
                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 expedited 
                process, the Secretary may implement species relocation 
                for the project, as described in subsection (d).
            (3) Environmental assessment or impact statement.--In 
        preparing an environmental assessment 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 municipality 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 public safety project under the 
        expedited process only in the United States district court for 
        the judicial district in which the project is to be located.
    (c) Emergency Declaration.--
            (1) In general.--If the Secretary has not approved 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.
            (2) Alternative arrangements.--If the Governor of a State 
        issues a declaration of emergency with respect to a public 
        safety project under paragraph (1), the State or municipality 
        that submitted 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 alternative 
                arrangements for conducting the project.
            (3) Deadline.--Pursuant to a request received under 
        paragraph (2)(B), the Council on Environmental 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 receiving a 
        request under paragraph (2)(B), the Council on Environmental 
        Quality does not establish alternate procedures for conducting 
        a public safety project or disapprove the project on or before 
        the last day specified in paragraph (3)--
                    (A) the covered permit application submitted for 
                the project shall be deemed approved; and
                    (B) the requirements of the National Environmental 
                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 paragraph (4)(A) shall not be 
        subject to judicial review.
            (6) Relationship to other laws.--Any alternative 
        arrangements established for a public safety project under 
        paragraph (2)--
                    (A) shall be deemed to satisfy the requirements of 
                section 404 of the Federal Water Pollution 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 authorizes species 
relocation pursuant to subsection (b)(2)(C), the Secretary, acting 
through the United States Fish and Wildlife Service, any Federal land 
management agency, the National Marine Fisheries Service, or a State 
conservation 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 submitted 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 definitions apply:
            (1) Covered permit application.--The term ``covered permit 
        application'' means an application for a permit to discharge 
        dredge or fill material submitted 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 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 Federal Water Pollution Control Act 
        (33 U.S.C. 1362).
            (4) Public safety project.--The term ``public 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 weather event.
                    (E) The construction of a storm water conveyance 
                facility.

Summary: Public Infrastructure Modernization Act of 2013 - Requires the Secretary of the Army to approve or disapprove a covered permit application for a public safety project within two years after the application is submitted. Requires an application upon which the Secretary fails to act within such time to be considered under an expedited process, unless the governor of the state in which the project is to be located issues a declaration of emergency with respect to the project. Defines &quot;covered permit application&quot; as an application for a permit to discharge dredge or fill material submitted by a state or municipality under the Federal Water Pollution Control Act (commonly known as the Clean Water Act).Directs the Secretary to establish such an expedited process, under which the Secretary shall: (1) prepare an environmental assessment or an environmental impact statement, (2) weigh the public safety aspects of the project as greater than the environmental costs, and (3) complete consultation with other agencies within six months. Provides that the Secretary, in issuing a permit under the expedited process: (1) may not require mitigation costs in an amount that exceeds 20% of the project's total cost, and (2) may relocate from the project any of 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.   Authorizes the state or municipality that submitted a covered permit application for a project, if a governor issues a declaration of emergency with respect to the project, to request that: (1) the application be considered under the expedited process; or (2) the Council on Environmental Quality approve the project or create an alternative, which must be done within 90 days or the application shall be deemed approved and the environmental requirements shall be deemed satisfied.