NEPA Reciprocity Act

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``NEPA Reciprocity Act''.

SEC. 2. USE OF ALTERNATIVE ENVIRONMENTAL REVIEW AND APPROVAL PROCEDURES 
              UNDER STATE LAWS FOR RAIL AND HIGHWAY PROJECTS.

    (a) Establishment.--
            (1) In general.--The Secretary shall establish a program to 
        eliminate duplicative environmental reviews and approvals under 
        State and Federal law of projects. Under this program, a State 
        may use State laws and procedures to conduct reviews and make 
        approvals in lieu of Federal environmental laws and 
        regulations, consistent with the provisions of this section.
            (2) Participating states.--All States are eligible to 
        participate in the program.
            (3) Scope of alternative review and approval procedures.--
        For purposes of this section, alternative environmental review 
        and approval procedures may include one or more of the 
        following:
                    (A) Substitution of one or more State environmental 
                laws for one or more Federal environmental laws, if the 
                Secretary determines in accordance with this section 
                that the State environmental laws provide environmental 
                protection and opportunities for public involvement 
                that are substantially equivalent to the applicable 
                Federal environmental laws.
                    (B) Substitution of one or more State regulations 
                for Federal regulations implementing one or more 
                Federal environmental laws, if the Secretary determines 
                in accordance with this section that the State 
                regulations provide environmental protection and 
                opportunities for public involvement that are 
                substantially equivalent to the Federal regulations.
    (b) Application.--To participate in the program, a State shall 
submit to the Secretary an application containing such information as 
the Secretary may require, including--
            (1) a full and complete description of the proposed 
        alternative environmental review and approval procedures of the 
        State;
            (2) for each State law or regulation included in the 
        proposed alternative environmental review and approval 
        procedures of the State, an explanation of the basis for 
        concluding that the law or regulation meets the requirements 
        under subsection (a)(3); and
            (3) evidence of having sought, received, and addressed 
        comments on the proposed application from the public and 
        appropriate Federal environmental resource agencies.
    (c) Review of Application.--The Secretary shall--
            (1) review an application submitted under subsection (b);
            (2) approve or disapprove the application in accordance 
        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 reasons 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 approval 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 disapprove any application submitted pursuant to 
        this section.
    (e) Compliance With Permits.--Compliance with a permit or other 
approval of a project issued pursuant 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 
Secretary pursuant to this section.
    (f) Review and Termination.--
            (1) Review.--All State alternative environmental 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 conducting 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 period 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 ``environmental law'' 
        includes any law that provides procedural 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 governing the review of 
        environmental impacts of, and issuance of permits and other 
        approvals for, the construction 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 Preservation Act (16 U.S.C. 470f), 
        and sections 7(a)(2), 9(a)(1)(B), and 10(a)(1)(B) of the 
        Endangered Species 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.

Summary: NEPA Reciprocity Act Directs the Secretary of Transportation to establish a program to eliminate duplicative environmental reviews and approvals under state and federal law for rail and highway transportation projects. Authorizes a state to use state environmental review and approval laws and procedures, consistent with certain requirements, in lieu of federal environmental laws and regulations.