42 USC 4321 et seq NEPA

I

111TH CONGRESS
1ST SESSION

H. R. 996

To temporarily exempt certain public and private development projects from
any requirement for a review, statement, or analysis under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), and for
other purposes.

IN THE HOUSE OF REPRESENTATIVES
FEBRUARY 11, 2009
Mr. NUNES (for himself and Mr. MCCARTHY of California) introduced the following bill; which was referred to the Committee on Natural Resources,
and in addition to the Committee on the Judiciary, for a period to be
subsequently determined by the Speaker, in each case for consideration
of such provisions as fall within the jurisdiction of the committee concerned

A BILL
To temporarily exempt certain public and private development projects from any requirement for a review, statement, or analysis under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), and for other
purposes.
1

Be it enacted by the Senate and House of Representa-

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2 tives of the United States of America in Congress assembled,

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SECTION

2
3

1.

PUBLIC,

PRIVATE,

AND

AGRICULTURAL

PROJECTS AND ACTIVITIES.

(a) EXEMPTION FROM REVIEW.—During the 3-year

4 period beginning on the date of enactment of this Act, no
5 public or private development project that is to be carried
6 out during that period (other than such a project for
7 which a permit is required under section 404 of the Fed8 eral Water Pollution Control Act (33 U.S.C. 1344) or that
9 is to be carried out on wetland (as that term is defined
10 in section 1201 of the Food Security Act of 1985 (16
11 U.S.C. 3801)) shall be subject to any requirement for a
12 review, statement, or analysis under the National Environ13 mental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
14

(b) EMERGENCIES.—Section 10 of the Endangered

15 Species Act of 1973 (16 U.S.C. 1539) is amended by add16 ing at the end the following:
17

‘‘(k) EMERGENCIES.—On the declaration of an emer-

18 gency by the Governor of a State, the Secretary shall, for
19 the duration of the emergency, temporarily exempt from
20 the prohibition against taking, and the prohibition against
21 the adverse modification of critical habitat, under this Act
22 any action that is reasonably necessary to avoid or amelio23 rate the impact of the emergency, including the operation

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24 of any water supply or flood control project by a Federal
25 agency.’’.

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(c)

JURISDICTION

OVER

COVERED

ENERGY

COVERED

ENERGY

2 PROJECTS.—
3

(1)

OF

4

PROJECT.—In

5

ergy project’’ means any action or decision by a

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Federal official regarding—

this subsection, the term ‘‘covered en-

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(A) the leasing of Federal land (including

8

submerged land) for the exploration, develop-

9

ment, production, processing, or transmission of

10

oil, natural gas, or any other source or form of

11

energy, including actions and decisions regard-

12

ing the selection or offering of Federal land for

13

such leasing; or

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(B) any action under such a lease.

15

(2) EXCLUSIVE

JURISDICTION OVER CAUSES

16

AND

17

PROJECTS.—Notwithstanding

18

law, the United States District Court for the Dis-

19

trict of Columbia shall have exclusive jurisdiction to

20

hear all causes and claims under this subsection or

21

any other Act that arise from any covered energy

22

project.

23

CLAIMS

(3) TIME

24
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DEFINITION

RELATING

COVERED

any other provision of

GENERAL.—Each

case or claim de-

scribed in paragraph (2) shall be filed not later

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ENERGY

FOR FILING COMPLAINT.—

(A) IN

25

TO

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than the end of the 60-day period beginning on

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the date of the action or decision by a Federal

3

official that constitutes the covered energy

4

project concerned.

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(B) PROHIBITION.—Any cause or claim

6

described in paragraph (2) that is not filed

7

within the time period described in subpara-

8

graph (A) shall be barred.

9

(4) DISTRICT

10

LUMBIA DEADLINE.—

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(A) IN

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COURT FOR THE DISTRICT OF CO-

GENERAL.—Each

proceeding that is

subject to paragraph (2)—

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(i) shall be resolved as expeditiously

14

as practicable and in any event not more

15

than 180 days after the cause or claim is

16

filed; and

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(ii) shall take precedence over all

18

other pending matters before the district

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court.

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(B) FAILURE

TO COMPLY WITH DEAD-

21

LINE.—If

22

decree, or order has not been issued by the dis-

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trict court by the deadline required under this

24

subsection, the cause or claim shall be dis-

an interlocutory or final judgment,

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missed with prejudice and all rights relating to

2

the cause or claim shall be terminated.

3

(5) ABILITY

TO SEEK APPELLATE REVIEW.—An

4

interlocutory or final judgment, decree, or order of

5

the district court under this subsection may be re-

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viewed by no other court except the Supreme Court.

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(6) DEADLINE

FOR APPEAL TO THE SUPREME

8

COURT.—If

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the Supreme Court pursuant to paragraph (5)—

a writ of certiorari has been granted by

10

(A) the interlocutory or final judgment, de-

11

cree, or order of the district court shall be re-

12

solved as expeditiously as practicable and in any

13

event not more than 180 days after the inter-

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locutory or final judgment, decree, order of the

15

district court is issued; and

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(B) all such proceedings shall take prece-

17

dence over all other matters then before the Su-

18

preme Court.

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Æ

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