Download:
pdf |
pdfI
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-
jlentini on PROD1PC65 with BILLS
2 tives of the United States of America in Congress assembled,
VerDate Nov 24 2008
22:18 Feb 12, 2009
Jkt 079200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H996.IH
H996
2
1
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
jlentini on PROD1PC65 with BILLS
24 of any water supply or flood control project by a Federal
25 agency.’’.
•HR 996 IH
VerDate Nov 24 2008
22:18 Feb 12, 2009
Jkt 079200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H996.IH
H996
3
1
(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
6
Federal official regarding—
this subsection, the term ‘‘covered en-
7
(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
14
(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
jlentini on PROD1PC65 with BILLS
DEFINITION
RELATING
COVERED
any other provision of
GENERAL.—Each
case or claim de-
scribed in paragraph (2) shall be filed not later
•HR 996 IH
VerDate Nov 24 2008
22:18 Feb 12, 2009
ENERGY
FOR FILING COMPLAINT.—
(A) IN
25
TO
Jkt 079200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H996.IH
H996
4
1
than the end of the 60-day period beginning on
2
the date of the action or decision by a Federal
3
official that constitutes the covered energy
4
project concerned.
5
(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.—
11
(A) IN
12
jlentini on PROD1PC65 with BILLS
COURT FOR THE DISTRICT OF CO-
GENERAL.—Each
proceeding that is
subject to paragraph (2)—
13
(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
17
(ii) shall take precedence over all
18
other pending matters before the district
19
court.
20
(B) FAILURE
TO COMPLY WITH DEAD-
21
LINE.—If
22
decree, or order has not been issued by the dis-
23
trict court by the deadline required under this
24
subsection, the cause or claim shall be dis-
an interlocutory or final judgment,
•HR 996 IH
VerDate Nov 24 2008
22:18 Feb 12, 2009
Jkt 079200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H996.IH
H996
5
1
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-
6
viewed by no other court except the Supreme Court.
7
(6) DEADLINE
FOR APPEAL TO THE SUPREME
8
COURT.—If
9
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-
14
locutory or final judgment, decree, order of the
15
district court is issued; and
16
(B) all such proceedings shall take prece-
17
dence over all other matters then before the Su-
18
preme Court.
jlentini on PROD1PC65 with BILLS
Æ
•HR 996 IH
VerDate Nov 24 2008
22:18 Feb 12, 2009
Jkt 079200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6301
E:\BILLS\H996.IH
H996
| File Type | application/pdf |
| File Title | E:\BILLS\H996.IH |
| File Modified | 2017-08-08 |
| File Created | 2009-02-13 |