Reducing Environmental Barriers to Unified Infrastructure and Land Development Act of 2023 Act or the REBUILD Act of 2023 This bill sets forth a process to authorize states to assume the environmental review responsibilities of federal agencies. Specifically, it allows states to oversee the environmental review required under certain federal environmental laws for projects funded by, carried out by, or subject to approval by federal agencies.
Impact
If enacted, HB 495 could drastically change the landscape of environmental regulation within states. It would enable states to take over responsibilities typically held by federal officials for environmental reviews on projects funded or approved by these officials. This shift would create a framework where states can manage their own environmental reviews while maintaining compliance with federal standards, potentially altering how infrastructure projects are initiated and completed across the nation.
Summary
House Bill 495, titled the 'Reducing Environmental Barriers to Unified Infrastructure and Land Development Act of 2023' (REBUILD Act), proposes significant amendments to the National Environmental Policy Act (NEPA) of 1969. The bill seeks to authorize states to assume the responsibilities of federal agencies regarding environmental reviews of federal projects. It aims to streamline the process for infrastructure and land development by allowing states to conduct environmental assessments under certain federal laws, thereby potentially expediting project approvals.
Contention
Despite its focus on expediency, the bill raises concerns regarding the oversight of these reviews and the capability of states to properly execute them without compromising environmental protections. Critics argue that this delegation of authority may lead to inconsistent application of environmental review processes and standards, potentially resulting in inadequate protections for ecosystems and communities. The debate surrounding this bill is likely to center on balancing the need for development and infrastructure improvements against the imperative to maintain environmental integrity and oversight.
Permitting for Mining Needs Act of 2023 This bill expedites the review of mining projects on federal lands and limits judicial review of mining projects. For example, the bill expands the federal permitting and review processes under the Infrastructure Investment and Jobs Act for critical minerals. Under the act, the Bureau of Land Management (BLM) and the U.S. Forest Service, to the maximum extent practicable, must complete the federal permitting and review processes related to critical mineral mines on federal lands with maximum efficiency and effectiveness. This bill expands this process to include all minerals as defined by the bill, not only critical minerals. The bill also establishes deadlines for completing the review of mining projects under the National Environmental Policy Act of 1969. In addition, the bill also expands the meaning of covered projects under the Fixing America's Surface Transportation (FAST) Act to include (1) certain mineral production projects, and (2) certain actions taken by the Department of Defense. Such projects qualify for expedited environmental review. It also establishes requirements to expedite the review or authorization of certain mineral projects, such as (1) mineral exploration activities with a surface disturbance of no more than five acres of public lands, (2) ancillary mining activities, and (3) uranium projects. Finally, the bill limits judicial review of a permit, license, or approval issued by a lead agency for a mining project by requiring the filing of claims within a certain time period.
To provide that certain communications projects are not subject to requirements to prepare certain environmental or historical preservation reviews, and for other purposes.
To provide for a limitation on availability of funds for Independent Agencies, Federal Permitting Improvement Steering Council, Environmental Review Improvement Fund for fiscal year 2024.
To exempt Federal actions related to energy and mineral activities on certain Federal lands from the requirements of the National Environmental Policy Act of 1969.
To require the Comptroller General to conduct a study to assess certain environmental review processes with regard to offshore wind projects, and for other purposes.