,,ii  #aaith ,,congress  #ast ,session  
,s4 #ccaf  ,,in ,,the ,,senate ,,of     
,,the ,,united ,,states  ,december #c1  
#bjbe,mr4 ,husted 7for himself and ,mr4 
,ricketts7 introduced the following     
bill2 which was read twice and referred 
to the ,committee on ,environment and   
,public ,works  ,a ,,bill  ,to establish
 the ,waterway ,permit ,section #djd    
,assignment program1 and for other      
purposes4  #a4 ,short title ,this ,act  
may be cited as the ,water ,authority   
and ,timely ,environmental ,review ,act 
of #bjbe or the ,,water ,act of #bjbe4  
#b4 ,waterway ,permit ,section #djd     
,assignment program  7a7 ,definitions   
,in this section3 7#a7 ,administrator   
,the term ,administrator means the      
,administrator of the ,environmental    
,protection ,agency4  7#b7 ,covered     
project ,the term covered project means 
a highway1 railroad1 or public          
transportation project4  7#c7 ,,fwpca   
terms ,the terms navigable waters and   
,state have the meanings given those    

terms in section #ejb of the ,federal   
,water ,pollution ,control ,act 7#cc    
,u4,s4,c4 #acfb74  7#d7 ,program ,the   
term program means the ,waterway ,permit
 ,section #djd ,assignment program      
established under subsection 7b77#a74   
7#e7 ,secretary ,the term ,secretary    
means the ,secretary of the ,army1      
acting through the ,chief of ,engineers4
  7b7 ,establishment  7#a7 ,in general  
,not later than #fj days after the date 
of enactment of this ,act1 the          
,secretary and the ,administrator shall 
jointly establish and carry out a       
program1 to be known as the ,waterway   
,permit ,section #djd ,assignment       
program4  7#b7 ,assumption of           
responsibility  7,a7 ,in general        
,subject to the requirements of this    
section and notwithstanding subsections 
7g7 through 7m7 of section #djd of the  
,federal ,water ,pollution ,control ,act
 7#cc ,u4,s4,c4 #acdd71 with the written
 agreement of the ,secretary1 the       
,administrator1 and a ,state1 which may 

be in the form of a memorandum of       
understanding1 the ,secretary may       
assign1 and the ,state may assume1 the  
responsibilities of the ,secretary under
 that section with respect to the       
permitting of #a or more covered        
projects in the ,state4  7,b7           
,additional responsibility ,if a ,state 
assumes responsibility under            
subparagraph 7,a7-- 7i7 the ,secretary  
may assign to the ,state1 and the ,state
 may assume1 all or part of the         
responsibilities of the ,secretary for  
the permitting of discharge of dredged  
or fill material into the navigable     
waters1 including environmental reviews 
under the ,national ,environmental      
,policy ,act of #aifi 7#db ,u4,s4,c4    
#dcba et seq471 consultation            
requirements under the ,endangered      
,species ,act of #aigc 7#af ,u4,s4,c4   
#aeca et seq471 requirements under      
division ,a of subtitle ,,iii of title  
#ed1 ,united ,states ,code1 or any other
 action required under any ,federal     

environmental law relating to review    
under section #djd of the ,federal      
,water ,pollution ,control ,act 7#cc    
,u4,s4,c4 #acdd7 or approval of a       
covered project2 and  7ii7 subject to   
subparagraph 7,c71 the ,secretary may   
assign to the ,state1 and the ,state may
 assume1 all or part of the             
responsibilities of the ,secretary under
 section #aj of the ,act of ,march #c1  
#ahii 7commonly known as the ,rivers and
 ,harbors ,act of #ahii7 7#cj ,stat4    
#aaea1 chapter #dbe2 #cc ,u4,s4,c4      
#djc71 for the permitting of the        
construction of any structure in or over
 any navigable water of the ,united     
,states1 the excavating from or         
depositing of material in such waters1  
or the accomplishment of any other work 
affecting the course1 location1         
condition1 or capacity of such waters4  
7,c7 ,limitations with respect to rivers
 and harbors act of #ahii ,the          
assignment of responsibilities under    
subparagraph 7,b77ii7 shall be limited  

to the program and is effective only as 
it is necessary to allow for the        
permitting of a covered project4  7,d7  
,procedural and substantive requirements
  7i7 ,in general ,except as otherwise  
provided in this section-- 7,i7 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 ,secretary2 and      
7,,ii7 the ,state shall ensure          
compliance with those requirements4     
7ii7 ,no regulations required ,nothing  
in this section requires a ,state       
participating in the program to         
promulgate regulations to carry out the 
program4  7,e7 ,federal responsibility  
7i7 ,in general ,any responsibility of  
the ,secretary under section #djd of the
 ,federal ,water ,pollution ,control    
,act 7#cc ,u4,s4,c4 #acdd7 or section   
#aj of the ,act of ,march #c1 #ahii     
7commonly known as the ,rivers and      
,harbors ,act of #ahii7 7#cj ,stat4     

#aaea1 chapter #dbe2 #cc ,u4,s4,c4      
#djc71 not explicitly assumed by a      
,state by written agreement under this  
section shall remain the responsibility 
of the ,secretary4  7ii7 ,savings       
provision ,nothing in this section      
requires the ,secretary to assign to a  
,state1 or that ,state to accept1 any of
 the enforcement authority of the       
,secretary under section #djd7s7 of the 
,federal ,water ,pollution ,control ,act
 7#cc ,u4,s4,c4 #acdd7s774  7,f7 ,no    
effect on authority ,nothing in this    
section preempts or interferes with any 
power1 jurisdiction1 responsibility1 or 
authority of a ,federal agency1 other   
than the ,environmental ,protection     
,agency and the ,corps of ,engineers1   
under applicable law 7including         
regulations7 with respect to a covered  
project4  7,g7 ,preservation of         
flexibility ,the ,secretary may not     
require a ,state1 as a condition of     
participation in the program1 to forego 
project delivery methods that are       

otherwise permissible for covered       
projects4  7,h7 ,legal fees ,a ,state   
assuming the responsibilities of the    
,secretary under the program for a      
specific covered project may use funds  
apportioned to the ,state under section 
#ajd7;b77#b7 of title #bc1 ,united      
,states ,code1 for attorneys' fees      
directly attributable to eligible       
activities associated with the covered  
project1 including the payment of fees  
awarded under section #bdab of title    
#bh1 ,united ,states ,code4  7c7 ,state 
,participation  7#a7 ,participating     
,states ,all ,states are eligible to    
participate in the program4  7#b7       
,application ,not later than #bgj days  
after the date of enactment of this     
,act1 the ,secretary may promulgate or  
amend1 as appropriate1 regulations or   
issue guidance that establishes         
requirements relating to information    
required to be contained in any         
application of a ,state to participate  
in the program1 including1 at a         

minimum-- 7,a7 the covered projects or  
classes of covered projects for which   
the ,state anticipates exercising the   
authority that may be granted under the 
program2  7,b7 a demonstration of the   
ability of the ,state to assure         
consistency with guidelines established 
under section #djd7;b77#a7 of the       
,federal ,water ,pollution ,control ,act
 7#cc ,u4,s4,c4 #acdd7;b77#a772  7,c7   
verification of the financial resources 
necessary to carry out the authority    
that may be granted under the program2  
and  7,d7 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 ,not later than #cj days   
before the date on which a ,state       
submits an application under this       
subsection1 the ,state shall give notice
 of the intent of the ,state to         
participate in the program1 in          

accordance with subparagraph 7,b74  7,b7
 ,method of notice and solicitation ,the
 ,state shall provide notice and solicit
 public comment under subparagraph 7,a7 
by publishing the complete application  
of the ,state in accordance with the    
appropriate public notice law of the    
,state4  7#d7 ,selection criteria ,the  
,secretary may approve the application  
of a ,state under this subsection only  
if-- 7,a7 the requirements under        
paragraph 7#b7 have been met2  7,b7 the 
,secretary determines that the ,state   
has the capability1 including financial 
and personnel1 to assume responsibility 
under the program2 and  7,c7 the head of
 the ,state agency having primary       
jurisdiction over highway matters enters
 into a written agreement described in  
subsection 7d7 with the ,secretary4     
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 application4  7d7 ,written          
,agreement  7#a7 ,in general ,a written 
agreement under this section shall--    
7,a7 be executed by the ,governor or the
 top-ranking transportation official in 
the ,state who is charged with          
responsibility for transportation       
infrastructure operation1 maintenance1  
and construction2  7,b7 be in such form 
as the ,secretary may prescribe2  7,c7  
provide that the ,state-- 7i7 agrees to 
assume all or part of the               
responsibilities of the ,secretary      
described in subsection 7b77#b72  7ii7  
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  7iii7 certifies that   
,state laws are in effect that-- 7,i7   
authorize the ,state to take the actions
 necessary to carry out the             

responsibilities being assumed2 and     
7,,ii7 are comparable to section #eeb of
 title #e1 ,united ,states ,code1       
including providing that any decision   
relating to the public availability of a
 document under those ,state laws is    
reviewable by a court of competent      
jurisdiction2 and  7iv7 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 7i7 have a term of not more than 
#e years2 or  7ii7 in the case of a     
,state that has participated in a       
program under section #cbf or #cbg of   
title #bc1 ,united ,states ,code1 for a 
period of not less than #aj years1 have 
a term of #aj years2 and  7,f7 be       
renewable4  7#b7 ,no additional         

requirements ,the ,secretary may not    
include any additional requirements in a
 written agreement under this section   
other than the requirements described in
 paragraph 7#a74  7e7 ,jurisdiction     
7#a7 ,in general ,the district courts of
 the ,united ,states shall have         
exclusive jurisdiction over any civil   
action against a ,state for failure to  
carry out any responsibility of the     
,state under the program4  7#b7 ,legal  
standards and requirements ,a civil     
action described in 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 civil 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 ,secretary1 the 
responsibilities assumed under that     
subsection1 until the program is        
terminated under subsection 7k74  7g7   
,limitations on ,agreements ,nothing in 
this section permits a ,state to assume 
any rulemaking authority of the         
,secretary 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 the program under this 
section1 the ,secretary 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 not   
more than #b audits during the first #d 
years that the ,state is participating  

in the program2  7,c7 in the case of an 
agreement period of greater than #e     
years pursuant to subsection            
7d77#a77;,e77ii71 conduct an audit      
covering the first #e years of the      
agreement period and a second audit     
covering the final #e years of the      
agreement2 and  7,d7 ensure that the    
time period for completing an 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 described in subparagraph 7,a7 
ends1 the ,secretary shall respond to   
public comments received under that     
subparagraph4  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 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 the program1 the ,secretary   
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 ,reports to ,congress   
,the ,secretary shall submit to         
,congress an annual report that         
describes the administration of the     
program4  7k7 ,termination  7#a7        
,termination by ,secretary ,the         
,secretary may terminate the            
participation of any ,state in the      
program if-- 7,a7 the ,secretary        
determines that the ,state is not       
adequately carrying out the             

responsibilities assigned to the ,state2
  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 provided under  
subparagraph 7,b71 fails to take        
satisfactory corrective action1 as      
determined by the ,secretary4  7#b7     
,termination by the ,state ,the ,state  
may terminate the participation of the  
,state in the program at any time by    
providing to the ,secretary a notice 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  7l7 ,capacity  
,building ,the ,secretary1 in           
cooperation with representatives of     
,state officials1 may carry out         
education1 training1 peer-exchange1 and 
other initiatives1 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  7m7  
,relationship to ,locally ,administered 
,projects ,a ,state granted authority   
under this section may1 in its sole     
discretion on the request of a unit of  
local government in the ,state-- 7#a7   
exercise such authority on behalf of the
 unit of 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 the ,national    
,environmental ,policy ,act of #aifi    

7#db ,u4,s4,c4 #dcba et seq47 and any   
comparable requirements under ,state    
law4  7n7 ,agency ,deemed ,to ,be       
,federal ,agency ,a ,state agency that  
is assigned a responsibility under an   
agreement under this section shall be   
deemed to be an agency for the purposes 
of section #bdab of title #bh1 ,united  
,states ,code4