[Congressional Record Volume 169, Number 63 (Monday, April 17, 2023)]
[Senate]
[Page S1138]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 80. Mr. LEE submitted an amendment intended to be proposed by him 
to the bill S. 870, to amend the Federal Fire Prevention and Control 
Act of 1974 to authorize appropriations for the United States Fire 
Administration and firefighter assistance grant programs; which was 
ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. STATE AND TRIBAL USE OF CATEGORICAL EXCLUSION FOR 
                   ESTABLISHMENT OF FUEL BREAKS IN FORESTS AND 
                   OTHER WILDLAND VEGETATION.

       Section 40806 of the Infrastructure Investment and Jobs Act 
     (16 U.S.C. 6592b) is amended by adding at the end the 
     following:
       ``(g) State and Tribal Project Delivery Programs.--
       ``(1) In general.--On request of a State or an Indian 
     Tribe, the Secretary concerned shall enter into an agreement 
     (which may be in the form of a memorandum of understanding) 
     with the State or Indian Tribe, under which the Secretary 
     concerned assigns, and the State or Indian Tribe assumes, the 
     responsibilities of the Secretary concerned with respect to--
       ``(A) 1 or more projects under this section using the 
     categorical exclusion established by subsection (b), 
     including--
       ``(i) environmental review, consultation, and any other 
     action required under any Federal environmental law with 
     respect to the review or approval of a project, including the 
     preparation of a supporting decision memorandum in accordance 
     with subsection (b); and
       ``(ii) carrying out the forest management activities 
     described in subsection (c) on public lands or National 
     Forest System land in the State or under the jurisdiction of 
     the Indian Tribe, as applicable; or
       ``(B) any other project on public lands or National Forest 
     System land in the State or under the jurisdiction of the 
     Indian Tribe, as applicable, using any other categorical 
     exclusion that the Secretary concerned determines to be 
     appropriate for use by the State or Indian Tribe, as 
     applicable, to protect communities from wildfire.
       ``(2) Collaboration.--A State or an Indian Tribe may enter 
     into an agreement under paragraph (1) in collaboration with a 
     unit of local government, a private entity, or a community 
     organization and associated contractors.
       ``(3) Requirements.--
       ``(A) In general.--A State or an Indian Tribe that assumes 
     responsibilities under paragraph (1) shall be subject to the 
     same procedural and substantive requirements as to which the 
     Secretary concerned would be subject.
       ``(B) Retention of responsibilities.--Any responsibility of 
     the Secretary concerned that is not explicitly assigned to 
     and assumed by a State or an Indian Tribe under an agreement 
     under paragraph (1) shall remain the responsibility of the 
     Secretary concerned.
       ``(C) Prohibition.--The Secretary concerned may not require 
     a State or an Indian Tribe, as a condition on entering into 
     an agreement under paragraph (1), to forgo any other means 
     for carrying out the applicable project that is otherwise 
     permissible under applicable law.
       ``(D) Verification of resources.--As a condition on 
     entering into an agreement under paragraph (1), the Secretary 
     concerned may require a State or an Indian Tribe to verify 
     that the State or Indian Tribe has the financial and 
     personnel resources necessary to carry out the 
     responsibilities described in that paragraph.
       ``(4) Agreements.--An agreement under paragraph (1) shall--
       ``(A) be executed by the Governor or the top-ranking 
     official of the State or Indian Tribe that is charged with 
     responsibility for the applicable project;
       ``(B) be in such form as the Secretary concerned may 
     prescribe;
       ``(C) provide that the State or Indian Tribe--
       ``(i) agrees to assume all or part of the responsibilities 
     of the Secretary concerned;
       ``(ii) expressly consents to accept the jurisdiction of the 
     Federal courts for the compliance, discharge, and enforcement 
     of any responsibility of the Secretary concerned assumed by 
     the State or Indian Tribe;
       ``(iii) certifies that State or Tribal laws (including 
     regulations) are in effect that--

       ``(I) authorize the State or Indian Tribe to take the 
     actions necessary to carry out the responsibilities being 
     assumed; and
       ``(II) provide that any decision regarding the public 
     availability of a document under those State or Tribal laws 
     is reviewable by a court of competent jurisdiction; and

       ``(iv) agrees to maintain the financial and personnel 
     resources necessary to carry out the responsibilities being 
     assumed;
       ``(D) require the State or Indian Tribe to provide to the 
     Secretary concerned any information that the Secretary 
     concerned reasonably considers necessary to ensure that the 
     State or Indian Tribe is adequately carrying out the 
     responsibilities assigned to the State or Indian Tribe;
       ``(E) have a term of not more than 5 years; and
       ``(F) be renewable.
       ``(5) Judicial review.--
       ``(A) In general.--The district courts of the United States 
     shall have exclusive jurisdiction over any civil action 
     against a State or an Indian Tribe for a failure to carry out 
     any responsibility assigned to and assumed by the State or 
     Indian Tribe under an agreement under paragraph (1).
       ``(B) Legal standards and requirements.--A civil action 
     described in subparagraph (A) shall be governed by the legal 
     standards and requirements that would apply if the civil 
     action were against the Secretary concerned had the Secretary 
     concerned taken the relevant actions.
       ``(C) Intervention.--The Secretary concerned may intervene 
     in any civil action described in subparagraph (A).
       ``(6) State or tribal responsibility and liability.--A 
     State or an Indian Tribe that assumes responsibilities under 
     an agreement under paragraph (1) shall be--
       ``(A) solely responsible for carrying out the 
     responsibilities; and
       ``(B) solely liable for any action or failure to take an 
     action in carrying out those responsibilities.
       ``(7) Termination.--
       ``(A) In general.--A State or an Indian Tribe may terminate 
     an agreement entered into by the State or Indian Tribe under 
     paragraph (1), at any time, by submitting to the Secretary 
     concerned a notice not later than the date that is 90 days 
     before the date of termination.
       ``(B) Terms and conditions.--A termination under 
     subparagraph (A) shall be subject to such terms and 
     conditions as the Secretary concerned may provide.
       ``(8) Education and other initiatives.--The Secretary 
     concerned, in cooperation with representatives of State and 
     Tribal officials, may carry out education, training, peer-
     exchange, and other initiatives, as appropriate--
       ``(A) to assist States and Indian Tribes in developing the 
     capacity to carry out projects under this subsection; and
       ``(B) to promote information-sharing and collaboration 
     among States and Indian Tribes that are carrying out projects 
     under this subsection.''.
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