H.R.2389 - Environmental Review Cooperation Act112th Congress (2011-2012)
Summary: H.R.2389 — 112th Congress (2011-2012)
Introduced in House (06/24/2011)
Environmental Review Cooperation Act - Directs the Secretary of Transportation (DOT) to carry out a demonstration program to allow a state or local government to assume the Secretary's responsibilities for environmental review and approval of highway projects under the National Environmental Policy Act of 1969 through implementation of the state's environmental laws instead of federal environmental laws.
Authorizes the Secretary to allow a state or local government to participate in the demonstration program only if: (1) the state's environmental laws provide a substantially equivalent level of environmental protection as applicable federal laws, (2) program participation by the state or local government will not diminish protection of the environment, and (3) the head of the state agency or local government with primary jurisdiction over highway matters enters into a written agreement with the Secretary.
Revises and makes permanent the surface transportation project delivery pilot program.
Prohibits the Secretary from requiring a state, as a condition of participation in the program, to forego project delivery methods otherwise permissible for highway projects.
Authorizes a state to assume highway project responsibilities administered by the Federal Highway Administration (FHWA), but not the responsibilities of any other modal administration within DOT.
Repeals the limitation to Alaska, California, Ohio, Oklahoma, and Texas of state participation in the program. Allows program participation by all states. Prescribes a special rule to permit a state participating in the program on September 30, 2009, to continue in the program and not be required to submit an application.