To make a categorical exclusion available for use on certain land by States and Indian Tribes through a project delivery program.

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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