,,ii  #aafth ,,congress  #ast ,session  
,s4 #ajea  ,,in ,,the ,,senate ,,of     
,,the ,,united ,,states  ,april #d1     
#bjai,mr4 ,cornyn 7for himself1 ,mr4    
,sullivan1 ,mr4 ,cruz1 and ,ms4         
,murkowski7 introduced the following    
bill2 which was read twice and referred 
to the ,committee on ,environment and   
,public ,works  ,a ,,bill  ,to amend the
 ,endangered ,species ,act of #aigc to  
establish a program to allow ,states to 
assume certain ,federal responsibilities
 under that ,act with respect to agency 
actions applicable to highway projects  
within the ,states1 and for other       
purposes4  #a4 ,assumption by ,states of
 certain ,,esa responsibilities  7a7 ,in
 general ,the ,endangered ,species ,act 
of #aigc is amended by inserting after  
section #f 7#af ,u4,s4,c4 #aece7 the    
following3  #f;,a4 ,assumption by       
,states of certain responsibilities     
relating to highway projects  7a7       
,establishment  7#a7 ,in general ,the   
,secretary shall carry out an assignment

 program 7referred to in this section as
 the program7 to allow ,states to assume
 certain responsibilities of the        
,secretary with respect to agency       
actions applicable to highway projects  
within the ,state4  7#b7 ,assumption of 
responsibility  7,a7 ,in general        
,subject to the other requirements of   
this section1 on written agreement of   
the ,secretary and a ,state 7which may  
be in the form of a memorandum of       
understanding71 the ,secretary may      
assign1 and the ,state may assume1 the  
responsibilities of the ,secretary under
 subsections 7a7 and 7b7 of section #g  
with respect to agency actions 7as      
defined in subsection 7a77#b7 of that   
section7 that are applicable to one or  
more highway projects in the ,state4    
7,b7 ,additional responsibility  7i7 ,in
 general ,if a ,state assumes           
responsibility under subparagraph 7,a7--
 7,i7 the ,secretary may assign to the  
,state1 and the ,state may assume1 all  
or part of the responsibilities of the  

,secretary described in that            
subparagraph for environmental review1  
consultation1 or other action required  
under any ,federal environmental law    
pertaining to the review or approval of 
highway projects described in the       
agreement referred to in that           
subparagraph2 and  7,,ii7 subject to    
clause 7ii71 on the request of the      
,state1 the ,secretary may also assign  
to the ,state1 and the ,state may       
assume1 the responsibilities of the     
,secretary described in that            
subparagraph for one or more railroad1  
public transportation1 or multimodal    
projects within the ,state4  7ii7       
,exclusion of projects ,in any ,state   
that assumes a responsibility of the    
,secretary under clause 7i77,,ii71 a    
recipient of assistance under chapter   
#ec of title #di1 ,united ,states ,code1
 may submit to the ,secretary a request 
that the ,secretary shall maintain the  
responsibility of the ,secretary with   
respect to one or more public           

transportation projects carried out by  
the recipient in the ,state4  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 the responsibility    
were carried out by the ,secretary4     
7,d7 ,federal responsibility ,any       
responsibility of the ,secretary that is
 not explicitly assumed by a ,state by  
written agreement under this section    
shall remain the responsibility of the  
,secretary4  7,e7 ,no effect on         
authority ,nothing in this section      
preempts or interferes with any power1  
jurisdiction1 responsibility1 or        
authority of a ,federal agency 7other   
than the ,united ,states ,fish and      
,wildlife ,service71 except with respect
 to an authority delegated by the       
,secretary pursuant to subparagraph 7,a7
 under applicable law regarding a       
project or agency action described in   
subparagraph 7,a7 or 7,b74  7,f7        

,preservation of flexibility ,the       
,secretary may not require a ,state1 as 
a condition of participation in the     
program1 to forgo a project delivery    
method that is otherwise permissible for
 a project described in subparagraph    
7,a7 or 7,b74  7,g7 ,legal fees ,a      
,state that assumes a responsibility of 
the ,secretary under this section for a 
project described in subparagraph 7,a7  
or 7,b7 may use funds apportioned to the
 ,state under section #ajd7;b77#b7 of   
title #bc1 ,united ,states ,code1 as    
necessary1 for attorneys' fees directly 
attributable to eligible activities     
associated with the project4  7b7 ,state
 participation  7#a7 ,participating     
,states ,to be eligible to participate  
in the program1 a ,state shall-- 7,a7 be
 participating in the surface           
transportation project delivery program 
under section #cbg of title #bc1 ,united
 ,states ,code2 and  7,b7 assume the    
responsibilities of the ,secretary of   
,transportation under the ,national     

,environmental ,policy ,act of #aifi    
7#db ,u4,s4,c4 #dcba et seq47 pursuant  
to that section4  7#b7 ,application ,not
 later than #bgj days after the date of 
enactment of this section1 the          
,secretary shall amend1 as appropriate1 
regulations that establish requirements 
relating to information required in any 
application of a ,state to participate  
in the program1 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 the program2  
7,b7 verification of the financial      
resources necessary to carry out the    
authority that may be granted under the 
program2 and  7,c7 evidence of the      
notice and solicitation of public       
comment by the ,state relating to       
participation of the ,state in the      
program1 including copies of comments   
received from that solicitation4  7#c7  
,public notice  7,a7 ,in general ,each  
,state that submits an application in   

accordance with the regulations         
described in paragraph 7#b7 shall give  
notice of the intent of the ,state to   
participate in the program by 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 requirements  
of the ,state4  7#d7 ,selection criteria
 ,the ,secretary may approve the        
application of a ,state under this      
subsection only if-- 7,a7 any necessary 
changes to regulations pursuant to      
paragraph 7#b7 have been carried out2   
7,b7 the ,secretary determines that the 
,state has the capability1 including    
financial and personnel1 to assume the  
responsibility2 and  7,c7 the head of   
the ,state agency with primary          
jurisdiction over highway matters enters
 into a written agreement with the      

,secretary1 as described in subsection  
7c74  7#e7 ,other ,federal agency views 
,if a ,state applies to assume a        
responsibility of the ,secretary that   
would have required the ,secretary to   
consult with another ,federal agency1   
the ,secretary shall solicit the views  
of the ,federal agency before approving 
the application of the ,state under this
 subsection4  7c7 ,written agreement ,a 
written agreement under this section    
shall-- 7#a7 be executed by--  7,a7 the 
,governor of the applicable ,state2 or  
7,b7 the top-ranking transportation     
official in the ,state who is charged   
with responsibility for highway         
construction2  7#b7 be in such form as  
the ,secretary may require2  7#c7       
provide that the ,state--  7,a7 agrees  
to assume all or part of the            
responsibilities of the ,secretary      
referred to 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 ,secretary 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 ,united       
,states ,code1 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 assumed2  7#d7   
require the ,state to provide to the    
,secretary any information the          
,secretary reasonably considers         
necessary to ensure that the ,state is  
adequately carrying out the             
responsibilities assigned to the ,state2
  7#e7 have a term of not more than #e  
years2 and  7#f7 be renewable4  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 
assumed by the ,state pursuant to 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 ,secretary had the          
,secretary taken the actions in         
question4  7#c7 ,intervention ,the      
,secretary 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 7a77#b7 shall be solely      
responsible and solely liable for       
carrying out1 in lieu of1 and without   
further approval of1 the ,secretary1    
those responsibilities1 until the date  
on which the program is terminated in   

accordance with subsection 7j74  7f7    
,limitations on agreements ,nothing in  
this section permits a ,state to assume 
any rulemaking authority of the         
,secretary under any ,federal law4  7g7 
,audits  7#a7 ,in general ,to ensure    
compliance by a ,state with an agreement
 of the ,state under subsection 7c7     
7including compliance by the ,state with
 all ,federal laws for which            
responsibility is assumed under         
subsection 7a77#b771 for each ,state    
participating in the program1 the       
,secretary shall--  7,a7 not later than 
#ahj days after the date of execution of
 the applicable agreement1 meet with the
 ,state--  7i7 to review the            
implementation of the agreement2 and    
7ii7 to discuss plans for the first     
annual audit2  7,b7 conduct annual      
audits during each of the first #d years
 of ,state participation in the program2
 and  7,c7 ensure that the time period  
for completing an annual audit1 from    
initiation to completion 7including     

public comment and responses to those   
comments71 does not exceed #ahj days4   
7#b7 ,public availability and comment   
7,a7 ,in general ,an audit conducted    
under paragraph 7#a7 shall be provided  
to the public for comment4  7,b7        
,response ,not later than #fj days after
 the date on which the period for public
 comment ends1 the ,secretary shall     
respond to public comments received     
under subparagraph 7,a74  7#c7 ,audit   
team  7,a7 ,in general ,an audit        
conducted under paragraph 7#a7 shall be 
carried out by an audit team determined 
by the ,secretary1 in consultation with 
the ,state1 in accordance with          
subparagraph 7,b74  7,b7 ,consultation  
,consultation with the ,state under     
subparagraph 7,a7 shall include a       
reasonable opportunity for the ,state to
 review1 and provide comments regarding1
 the proposed members of the audit team4
  7h7 ,monitoring ,after the end of the 
fourth year of the participation by a   
,state in the program1 the ,secretary   

shall monitor compliance by the ,state  
with the written agreement under        
subsection 7c71 including the provision 
by the ,state of financial resources to 
carry out the written agreement4  7i7   
,report to ,congress ,the ,secretary    
shall submit to ,congress an annual     
report that describes the administration
 of the program during the preceding    
calendar year4  7j7 ,termination  7#a7  
,termination by ,secretary ,the         
,secretary may terminate the            
participation of a ,state in the program
 if-- 7,a7 the ,secretary determines    
that the ,state is not adequately       
carrying out the responsibilities       
assigned to the ,state pursuant to this 
section2  7,b7 the ,secretary provides  
to the ,state-- 7i7 a notification of   
the determination of noncompliance2     
7ii7 a period of not less than #abj days
 to take such corrective action as the  
,secretary determines to be necessary to
 comply with the applicable agreement2  
and  7iii7 on request of the ,governor  

of the ,state1 a detailed description of
 each responsibility in need of         
corrective action regarding an          
inadequacy identified under subparagraph
 7,a72 and  7,c7 the ,state1 after the  
notification and period for corrective  
action provided under subparagraph 7,b71
 fails to take satisfactory corrective  
action1 as determined by the ,secretary4
  7#b7 ,termination by ,state ,the      
,state may terminate the participation  
of the ,state in the program at any time
 by providing to the ,secretary a       
notice1 by not later than the date that 
is #ij days before the date of          
termination1 subject to such terms and  
conditions as the ,secretary may        
provide4  7k7 ,capacity building ,the   
,secretary1 in cooperation with         
representatives of ,state officials1 may
 carry out education1 training1         
peer-exchange1 and other initiatives as 
appropriate--  7#a7 to assist ,states in
 developing the capacity to participate 
in the program2 and  7#b7 to promote    

information sharing and collaboration   
among ,states that are participating in 
the program4  7l7 ,relationship to      
locally administered projects ,a ,state 
granted authority under this section    
may1 as appropriate and on the request  
of a local government--  7#a7 exercise  
that authority on behalf of the local   
government for a locally administered   
project2 or  7#b7 provide guidance and  
training regarding consolidating and    
minimizing the documentation and        
environmental analyses necessary for    
sponsors of a locally administered      
project to comply with--  7,a7 section  
#g2 and  7,b7 any comparable            
requirements under ,state law4  4  7b7  
,conforming amendments ,section #g of   
the ,endangered ,species ,act of #aigc  
7#af ,u4,s4,c4 #aecf7 is amended-- 7#a7 
in subsection 7a7--  7,a7 by striking   
paragraph 7#a7 and inserting the        
following3  7#a7 ,federal agency actions
  7,a7 ,in general ,the ,secretary      
shall--  7i7 review other programs      

administered by the ,secretary2 and     
7ii7 use those programs in furtherance  
of the purposes of this ,act4  7,b7     
,other agencies ,the head of each other 
,federal department or agency1 in       
consultation with1 and with the         
assistance of1 the ,secretary or a      
,state that has assumed a responsibility
 of the ,secretary pursuant to section  
#f;,a1 as applicable1 shall use the     
authorities of the department or agency 
in furtherance of the purposes of this  
,act by carrying out programs for the   
conservation of endangered species and  
threatened species listed under section 
#d4  2  7,b7 in paragraph 7#b7-- 7i7 in 
the second sentence1 by striking ,in    
fulfilling and inserting the following3 
7,b7 ,use of data ,in fulfilling  2 and 
7ii7 by striking the paragraph          
designation and all that follows through
 not likely in the first sentence and   
inserting the following3  7#b7 ,agency  
actions  7,a7 ,in general ,the head of  
each ,federal department or agency1 in  

consultation with1 and with the         
assistance of1 the ,secretary or a      
,state that has assumed a responsibility
 of the ,secretary pursuant to section  
#f;,a1 as applicable1 shall ensure that 
any action authorized1 funded1 or       
carried out by the department or agency 
7referred to in this section as an      
agency action7 is not likely  2 and     
7,c7 in paragraphs 7#c7 and 7#d71 by    
inserting or a ,state that has assumed a
 responsibility of the ,secretary       
pursuant to section #f;,a1 as           
applicable1 after with the ,secretary   
each place it appears2  7#b7 in         
subsection 7b7-- 7,a7 in paragraph      
7#a7--  7i7 in subparagraph 7,a71 by    
striking within the #ij-;day and all    
that follows through the period at the  
end of the subparagraph and inserting   
the following3  within-- 7i7 the        
#ij-;day period beginning on the date on
 which the consultation is initiated2 or
  7ii7 subject to subparagraph 7,b71    
such other time period as is mutually   

agreeable to--  7,i7 the ,secretary or a
 ,state that has assumed a              
responsibility of the ,secretary        
pursuant to section #f;,a1 as           
applicable2 and  7,,ii7 the head of the 
affected ,federal department or agency4 
2 and  7ii7 in subparagraph 7,b7--  7,i7
 in the matter preceding clause 7i71 by 
striking the ,federal and inserting or a
 ,state that has assumed a              
responsibility of the ,secretary        
pursuant to section #f;,a1 as           
applicable1 and the head of the affected
 ,federal department or2 and  7,,ii7 in 
the undesignated matter following clause
 7ii71 by striking ,the ,secretary and  
all that follows through before and     
inserting the following3  7,c7          
,applicant consent ,the ,secretary or a 
,state that has assumed a responsibility
 of the ,secretary pursuant to section  
#f;,a1 as applicable1 and the head of   
the affected ,federal department or     
agency may mutually agree to extend a   
consultation period established under   

subparagraph 7,b7 if the ,secretary or  
the ,state that has assumed             
responsibility from the ,secretary1 as  
applicable1 before  2  7,b7 in paragraph
 7#b71 by striking agreeable to and all 
that follows through the period at the  
end of the paragraph and inserting the  
following3 agreeable to-- 7,a7 the      
,secretary or a ,state that has assumed 
a responsibility of the ,secretary      
pursuant to section #f;,a1 as           
applicable2  7,b7 the head of the       
affected ,federal department or agency2 
and  7,c7 the applicant concerned4  2   
7,c7 in paragraph 7#c7-- 7i7 in         
subparagraph 7,a7--  7,i7 by inserting  
or a ,state that has assumed a          
responsibility of the ,secretary        
pursuant to section #f;,a1 as           
applicable1 after the ,secretary each   
place it appears2  7,,ii7 in the first  
sentence1 by striking the ,secretary's  
opinion and inserting the opinion of the
 ,secretary or the ,state1              
respectively12 and  7,,iii7 in the      

second sentence1 by striking he believes
 and inserting the ,secretary or the    
,state1 respectively1 believes2 and     
7ii7 in subparagraph 7,b7-- 7,i7 by     
striking an opinion based by the        
,secretary incident to and inserting an 
opinion of the ,secretary or a ,state   
that has assumed a responsibility of the
 ,secretary pursuant to section #f;,a1  
as applicable1 based on2 and  7,,ii7 by 
striking the ,secretary reviews and     
inserting the ,secretary or the ,state1 
respectively1 reviews2  7,d7 in         
paragraph 7#d7--  7i7 in the            
undesignated matter following           
subparagraph 7,c71 by striking the      
,secretary shall provide the ,federal   
agency and the applicant concerned1 if  
any1 with and inserting the following3  
7#e7 ,description of written statement  
,a written statement referred to in     
paragraph 7#d7 is  2  7ii7 by striking  
the paragraph designation and all that  
follows through the ,secretary in the   
matter preceding subparagraph 7,a7 and  

inserting the following3  7#d7          
,requirement on certain conclusion ,the 
,secretary or a ,state that has assumed 
a responsibility of the ,secretary      
pursuant to section #f;,a1 as           
applicable1 shall provide to the head of
 the affected ,federal department or    
agency and the applicant concerned1 if  
any1 a written statement described in   
paragraph 7#e7 if1 after consultation   
under subsection 7a77#b71 the ,secretary
 or the ,state1 respectively1  2  7iii7 
in subparagraph 7,a71 by striking which 
the ,secretary believes and inserting   
that the ,secretary or the ,state1      
respectively1 believes2 and  7iv7 in    
subparagraph 7,c71 by striking the      
semicolon at the end and inserting 7#af 
,u4,s4,c4 #acga7;a77#e7742 and  7,e7 in 
paragraph 7#e7 7as designated by        
subparagraph 7,d77i77-- 7i7 in each of  
clauses 7i7 and 7ii7--  7,i7 by striking
 such each place it appears and         
inserting the applicable2 and  7,,ii7 by
 striking the comma at the end of the   

clause and inserting a semicolon2  7ii7 
in clause 7iii71 by striking with regard
 to such taking1 and and inserting 7#af 
,u4,s4,c4 #acga7;a77#e77 with respect to
 the applicable taking2 and2  7iii7 in  
clause 7iv71 by striking clauses 7ii7   
and 7iii7 and inserting subparagraphs   
7,b7 and 7,c72 and  7iv7 by             
redesignating clauses 7i7 through 7iv7  
as subparagraphs 7,a7 through 7,d71     
respectively1 and indenting the         
subparagraphs appropriately2  7#c7 in   
subsection 7e7-- 7,a7 in paragraph      
7#c77;,d71 by striking ,agency4 ,agency4
 and inserting ,agency42 and  7,b7 in   
paragraph 7#d77;,b71 by adding a period 
at the end2 and  7#d7 in subsection     
7f77#a71 by inserting or a ,state that  
has assumed a responsibility of the     
,secretary pursuant to section #f;,a1 as
 applicable after the ,secretary4  7c7  
,technical amendments ,the table of     
contents of the ,endangered ,species    
,act of #aigc 7#af ,u4,s4,c4 #aeca note7
 is amended-- 7#a7 by inserting after   

the item relating to section #f the     
following3  ,sec4 #f;,a4 ,assumption by 
,states of certain responsibilities     
relating to highway projects4  2  and   
7#b7 by adding at the end the following3
  ,sec4 #ah4 ,annual cost analysis by   
the ,fish and ,wildlife ,service4  4