,,ii  #aafth ,,congress  #b;d ,session  
,s4 #dcab  ,,in ,,the ,,senate ,,of     
,,the ,,united ,,states  ,july #bc1     
#bjbj,mr4 ,lee introduced the following 
bill2 which was read twice and referred 
to the ,committee on ,environment and   
,public ,works  ,a ,,bill  ,to amend the
 ,national ,environmental ,policy ,act  
of #aifi to provide for project delivery
 programs1 and for other purposes4  #a4 
,short title ,this ,act may be cited as 
the ,,nepa ,state ,assignment ,expansion
 ,act of #bjbj4  #b4 ,project delivery  
programs  7a7 ,in general ,title ,i of  
the ,national ,environmental ,policy    
,act of #aifi is amended-- 7#a7 by      
redesignating section #aje 7#db         
,u4,s4,c4 #dcce7 as section #ajf2 and   
7#b7 by inserting after section #ajd    
7#db ,u4,s4,c4 #dccd7 the following3    
#aje4 ,project delivery programs  7a7   
,definition of agency program ,in this  
section1 the term agency program means a
 project delivery program established by
 a ,federal agency under subsection     

7b77#a74  7b7 ,establishment  7#a7 ,in  
general ,the head of each ,federal      
agency1 including the ,secretary of     
,transportation1 shall carry out a      
project delivery program4  7#b7         
,assumption of responsibility  7,a7 ,in 
general ,subject to subparagraph 7,b71  
the head of each ,federal agency shall1 
on request of a ,state1 enter into a    
written agreement with the ,state1 which
 may be in the form of a memorandum of  
understanding1 in which the head of each
 ,federal agency may assign1 and the    
,state may assume1 the responsibilities 
of the head of the ,federal agency under
 this title with respect to #a or more  
projects within the ,state that are     
under the jurisdiction of the ,federal  
agency4  7,b7 ,exception ,the head of a 
,federal agency shall not enter into a  
written agreement under subparagraph    
7,a7 if the head of the ,federal agency 
determines that the ,state is not in    
compliance with the requirements        
described in subsection 7c77#d74  7,c7  

,additional responsibility ,if a ,state 
assumes responsibility under            
subparagraph 7,a7-- 7i7 the head of the 
,federal agency may assign to the       
,state1 and the ,state may assume1 all  
or part of the responsibilities of the  
head of the ,federal agency for         
environmental review1 consultation1 or  
other action required under any ,federal
 environmental law pertaining to the    
review or approval of a specific        
project2  7ii7 at the request of the    
,state1 the head of the ,federal agency 
may also assign to the ,state1 and the  
,state may assume1 the responsibilities 
of the head of the ,federal agency under
 this title with respect to #a or more  
projects within the ,state that are     
under the jurisdiction of the ,federal  
agency2 but  7iii7 the head of the      
,federal agency may not assign          
responsibility for any conformity       
determination required under section    
#agf of the ,clean ,air ,act 7#db       
,u4,s4,c4 #gejf74  7,d7 ,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 ,federal agency4     
7,e7 ,federal responsibility ,any       
responsibility of a ,federal agency not 
explicitly assumed by the ,state by     
written agreement under subparagraph    
7,a7 shall remain the responsibility of 
the ,federal agency4  7,f7 ,no effect on
 authority ,nothing in this section     
preempts or interferes with any power1  
jurisdiction1 responsibility1 or        
authority of an agency1 other than the  
,federal agency for which the written   
agreement applies1 under applicable law 
7including regulations7 with respect to 
a project4  7,g7 ,preservation of       
flexibility ,the head of the ,federal   
agency may not require a ,state1 as a   
condition of participation in the agency
 program of the ,federal agency1 to     
forego project delivery methods that are

 otherwise permissible for projects     
under applicable law4  7,h7 ,legal fees 
,a ,state assuming the responsibilities 
of a ,federal agency under this section 
for a specific project may use funds    
awarded to the ,state for that project  
for attorneys' fees directly            
attributable to eligible activities     
associated with the project4  7c7 ,state
 ,participation  7#a7 ,participating    
states ,except as provided in subsection
 7b77#b77;,b71 all ,states are eligible 
to participate in an agency program4    
7#b7 ,application ,not later than #bgj  
days after the date of enactment of this
 section1 the head of each ,federal     
agency shall amend1 as appropriate1     
regulations that establish requirements 
relating to information required to be  
contained in any application of a ,state
 to participate in the agency 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 agency program2  7,b7 verification  
of the financial resources necessary to 
carry out the authority that may be     
granted under the agency program2 and   
7,c7 evidence of the notice and         
solicitation of public comment by the   
,state relating to participation of the 
,state in the agency program1 including 
copies of comments received from that   
solicitation4  7#c7 ,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 participate in an agency      
program 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#d7         
,selection criteria ,the head of a      
,federal agency 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 head of the ,federal
 agency 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 the   
project enters into a written agreement 
with the head of the ,federal agency as 
described in subsection 7d74  7#e7      
,other ,federal agency views ,if a      
,state applies to assume a              
responsibility of the ,federal agency   
that would have required the head of the
 ,federal agency to consult with the    
head of another ,federal agency1 the    
head of the ,federal agency shall       
solicit the views of the head of the    
other ,federal agency before approving  
the application4  7d7 ,written          
,agreement ,a written agreement under   
subsection 7b77#b77;,a7 shall-- 7#a7 be 
executed by the ,governor or the        

top-ranking official in the ,state who  
is charged with responsibility for the  
project2  7#b7 be in such form as the   
head of the ,federal agency may         
prescribe2  7#c7 provide that the       
,state-- 7,a7 agrees to assume all or   
part of the responsibilities of the     
,federal agency described in            
subparagraphs 7,a7 and 7,c7 of          
subsection 7b77#b72  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 ,federal agency 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 assumed2  7#d7   
require the ,state to provide to the    
head of the ,federal agency any         
information the head of the ,federal    
agency 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  7e7 ,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 head of a      
,federal agency had the head of the     

,federal agency taken the actions in    
question4  7#c7 ,intervention ,the head 
of a ,federal agency shall have the     
right to intervene in any action        
described in paragraph 7#a74  7f7       
,effect of ,assumption of               
,responsibility ,a ,state that assumes  
responsibility under subsection 7b77#b7 
shall be solely responsible and solely  
liable for carrying out1 in lieu of and 
without further approval of the head of 
the ,federal agency1 the                
responsibilities assumed under          
subsection 7b77#b71 until the agency    
program is terminated under subsection  
7k74  7g7 ,limitations on ,agreements   
,nothing in this section permits a      
,state to assume any rulemaking         
authority of the head of a ,federal     
agency under any ,federal law4  7h7     
,audits  7#a7 ,in general ,to ensure    
compliance by a ,state with any         
agreement of the ,state under subsection
 7d7 7including compliance by the ,state
 with all ,federal laws for which       

responsibility is assumed under         
subsection 7b77#b771 for each ,state    
participating in an agency program1 the 
head of a ,federal agency shall-- 7,a7  
not later than #ahj days after the date 
of execution of the agreement1 meet with
 the ,state to review implementation of 
the agreement and discuss plans for the 
first annual audit2  7,b7 conduct annual
 audits during each of the first #d     
years of ,state participation2 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 head of the ,federal 
agency 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 head of the ,federal agency1 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 review and provide comments  
on the proposed members of the audit    
team4  7i7 ,monitoring ,after the fourth
 year of the participation of a ,state  
in an agency program1 the head of the   
,federal agency shall monitor compliance
 by the ,state with the written         
agreement1 including the provision by   
the ,state of financial resources to    
carry out the written agreement4  7j7   
,report to ,congress ,the head of each  
,federal agency shall submit to         
,congress an annual report that         
describes the administration of the     
agency program4  7k7 ,termination  7#a7 
,termination by ,federal agency ,the    

head of a ,federal agency may terminate 
the participation of any ,state in the  
agency program of the ,federal agency   
if-- 7,a7 the head of the ,federal      
agency determines that the ,state is not
 adequately carrying out the            
responsibilities assigned to the ,state2
  7,b7 the head of the ,federal agency  
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 head of the    
,federal agency 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 provided under  
subparagraph 7,b71 fails to take        
satisfactory corrective action1 as      
determined by the head of the ,federal  

agency4  7#b7 ,termination by the ,state
 ,a ,state may terminate the            
participation of the ,state in an agency
 program at any time by providing to the
 head of the applicable ,federal agency 
a notice by not later than the date that
 is #ij days before the date of         
termination1 and subject to such terms  
and conditions as the head of the       
,federal agency may provide4  7l7       
,capacity ,building ,the head of a      
,federal agency1 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 agency program of the ,federal   
agency2 and  7#b7 to promote information
 sharing and collaboration among ,states
 that are participating in the agency   
program of the ,federal agency4  7m7    
,relationship to ,locally ,administered 
,projects ,a ,state granted authority   
under an agency program may1 as         

appropriate and at 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 on consolidating and minimizing
 the documentation and environmental    
analyses necessary for sponsors of a    
locally administered project to comply  
with this title and any comparable      
requirements under ,state law4  4  7b7  
,conforming amendment ,section #cbg of  
title #bc1 ,united ,states ,code1 is    
amended-- 7#a7 in subsection 7a77#a71 by
 striking ,the ,secretary and inserting 
,subject to subsection 7m71 the         
,secretary2 and  7#b7 by adding at the  
end the following3  7m7 ,sunset  7#a7   
,in general ,except as provided under   
paragraph 7#b71 the authority provided  
by this section terminates on the date  
of enactment of this subsection4  7#b7  
,existing agreements ,subject to the    
requirements of this section1 the       
,secretary may continue to enforce any  

agreement entered into under this       
section before the date of enactment of 
this subsection4  4