,i  #aafth ,,congress  #ast ,session    
,h4 ,r4 #cfc  ,,in ,,the ,,house ,,of   
,,representatives  ,january #i1         
#bjai,mr4 ,calvert introduced the       
following bill2 which was referred to   
the ,committee on ,natural ,resources   
,a ,,bill  ,to amend the ,national      
,environmental ,policy ,act of #aifi to 
authorize assignment to ,states of      
,federal agency environmental review    
responsibilities1 and for other         
purposes4  #a4 ,short title ,this ,act  
may be cited as the ,reducing           
,environmental ,barriers to ,unified    
,infrastructure and ,land ,development  
,act of #bjai or the ,,rebuild ,act4    
#b4 ,assignment to ,states of ,federal  
environmental review responsibilities   
,title ,i of the ,national              
,environmental ,policy ,act of #aifi    
7#db ,u4,s4,c4 #dcca et seq47 is amended
 by adding at the end the following new 
section3  #ajf4 ,assignment to ,states  
of environmental review responsibilities
 with respect to certain projects in the

 ,state  7a7 ,assumption of             
responsibility  7#a7 ,in general        
,subject to the other provisions of this
 section1 with the written agreement of 
the responsible ,federal official and a 
,state1 which may be in the form of a   
memorandum of understanding1 the        
responsible ,federal official may       
assign1 and the ,state may assume1 the  
responsibilities of the responsible     
,federal official under the ,national   
,environmental ,policy ,act of #aifi    
7#db ,u4,s4,c4 #dcba et seq47 with      
respect to one or more covered ,federal 
projects of the responsible ,federal    
official within the ,state4  7#b7       
,additional responsibility ,if a ,state 
assumes responsibility under paragraph  
7#a7 the responsible ,federal official  
may assign to the ,state1 and the ,state
 may assume1 all or part of the         
responsibilities of the responsible     
,federal official for environmental     
review1 consultation1 or other action   
required under any ,federal             

environmental law pertaining to the     
review or approval of covered projects  
of the responsible ,federal official4   
7#c7 ,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 official4   
7#d7 ,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 official4  7#e7 ,no effect on  
authority ,nothing in this section      
preempts or interferes with any power1  
jurisdiction1 responsibility1 or        
authority of an agency1 other than the  
agency of the responsible ,federal      
official for a covered project1 under   
applicable law 7including regulations7  
with respect to the project4  7b7 ,state

 ,participation  7#a7 ,application ,not 
later than #ahj days after the date of  
enactment of this section1 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 official1      
including1 at a minimum--  7,a7 the     
projects or classes of projects for     
which the ,state anticipates exercising 
the authority that may be granted under 
this section2  7,b7 verification of the 
financial resources necessary to carry  
out the authority that may be assigned  
under this section2 and  7,c7 evidence  
of the notice and solicitation of public
 comment by the ,state relating to      
assumption of responsibility under this 
section by the ,state1 including copies 
of comments received from that          
solicitation4  7#b7 ,public notice  7,a7

 ,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 #cj days before the date of  
submission of the application4  7,b7    
,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    
,state4  7#c7 ,selection criteria ,a    
responsible ,federal official may       
approve the application of a ,state     
under this section only if-- 7,a7 the   
regulatory requirements under paragraph 
7#b7 have been met2  7,b7 the           
responsible ,federal official determines
 that the ,state has the capability1    
including financial and personnel1 to   
assume the responsibility2 and  7,c7 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 7c74  7#d7 ,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 agency1 the responsible        
,federal official shall solicit the     
views of the ,federal agency before     
approving the application4  7c7 ,written
 ,agreement ,a written agreement under  
this section shall-- 7#a7 be executed by
 the ,governor of the ,state or the head
 of the ,state agency referred to in    
subsection 7b77#c77;,c72  7#b7 be in    
such form as the responsible ,federal   
official may prescribe2 and  7#c7       
provide that the ,state--  7,a7 agrees  
to assume all or part of the            
responsibilities of the responsible     
,federal official described in          

subsection 7a72  7,b7 expressly         
consents1 on behalf of the ,state1 to   
accept the jurisdiction of the ,federal 
courts for the compliance1 discharge1   
and enforcement of any responsibility of
 the responsible ,federal official      
assumed by the ,state2  7,c7 certifies  
that ,state laws 7including regulations7
 are in effect that-- 7i7 authorize the 
,state to take the actions necessary to 
carry out the responsibilities being    
assumed2 and  7ii7 are comparable to    
section #eeb of title #e1 including     
providing that any decision regarding   
the public availability of a document   
under those ,state laws is reviewable by
 a court of competent jurisdiction2 and 
7,d7 agrees to maintain the financial   
resources necessary to carry out the    
responsibilities being assumed4  7d7    
,jurisdiction  7#a7 ,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 section4  7#b7 
,legal standards and requirements ,a    
civil action under paragraph 7#a7 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  
question4  7#c7 ,intervention ,the      
responsible ,federal official shall have
 the right to intervene in any action   
described in paragraph 7#a74  7e7       
,effect of ,assumption of               
,responsibility ,a ,state that assumes  
responsibility under subsection 7a7     
shall be solely responsible and solely  
liable for carrying out1 in lieu of the 
responsible ,federal official1 the      
responsibilities assumed under          
subsection 7a71 until the termination of
 such assumption of responsibility4  7f7
 ,limitations on ,agreements ,nothing in
 this section permits a ,state to assume
 any rulemaking authority of the        
responsible ,federal official under any 

,federal law4  7g7 ,audits  7#a7 ,in    
general ,to ensure compliance by a      
,state with any agreement of the ,state 
under subsection 7c7 7including         
compliance by the ,state with all       
,federal laws for which responsibility  
is assumed under subsection 7a771 for   
each ,state participating in the program
 under this section1 the responsible    
,federal official shall conduct--  7,a7 
semiannual audits during each of the    
first #b years of the effective period  
of the agreement2 and  7,b7 annual      
audits during each subsequent year of   
such effective period4  7#b7 ,public    
availability and comment  7,a7 ,in      
general ,an audit conducted under       
paragraph 7#a7 shall be provided to the 
public for comment for a #cj-;day       
period4  7,b7 ,response ,not later than 
#fj days after the date on which the    
period for public comment ends1 the     
responsible ,federal official shall     
respond to public comments received     
under subparagraph 7,a74  7h7 ,report to

 ,congress ,each responsible ,federal   
official shall submit to ,congress an   
annual report that describes the        
administration of this section by such  
official4  7i7 ,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 agreement1 
if--  7#a7 the responsible ,federal     
official determines that the ,state is  
not adequately carrying out the         
responsibilities assumed by the ,state  
under this section2  7#b7 the           
responsible ,federal official provides  
to the ,state-- 7,a7 notification of the
 determination of noncompliance2 and    
7,b7 a period of at least #cj days      
during which to take such corrective    
action as the responsible ,federal      
official determines is necessary to     
comply with the applicable agreement2   

and  7#c7 the ,state1 after the         
notification and period provided under  
subparagraph 7,b71 fails to take        
satisfactory corrective action1 as      
determined by the responsible ,federal  
official4  7j7 ,definitions ,in this    
section3 7#a7 covered ,federal project  
,the term covered ,federal project      
means--  7,a7  7i7 except as provided in
 clause 7ii7 and subparagraph 7,b71 any 
project that is funded by1 carried out  
by1 or subject to approval or           
disapproval by a responsible official1  
including any project for which a permit
 or other authorization by a responsible
 ,federal official is required2 and     
7ii7 in the case of projects funded1    
carried out by1 or subject to review1   
approval1 or disapproval by the         
,secretary of the ,army1 and except as  
provided in subparagraph 7,b71 includes 
only such projects of the ,corps of     
,engineers2 and  7,b7 the preparation of
 any statement required by section      
#ajb7b77;,c74  7#b7 responsible ,federal

 official ,the term responsible ,federal
 official means--  7,a7 the ,secretary  
of the ,interior2  7,b7 the ,secretary  
of ,transportation2  7,c7 the           
,administrator of the ,environmental    
,protection ,agency2  7,d7 the          
,secretary of the ,army2 and  7,e7 the  
head of a ,federal agency1 with respect 
to the preparation of statements under  
section #ajb7b77;,c7 for major ,federal 
actions 7as that term is used in that   
section7 of the agency4  4