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.111th Congress (2009-2010)
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Shown Here: Introduced in House (02/11/2009)
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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1.Public, private, and
agricultural projects and activities.
(a) Exemption from
review.—During the 3-year period beginning on the date of
enactment of this Act, no public or private development project that is to be
carried out during that period (other than such a project for which a permit is
required under section 404 of the Federal Water Pollution Control Act (33
U.S.C. 1344) or that is to be carried out on wetland (as that term is defined
in section 1201 of the Food Security Act of 1985 (16 U.S.C. 3801)) shall be
subject to any requirement for a review, statement, or analysis under the
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
(b) Emergencies.—Section
10 of the Endangered Species Act of 1973 (16 U.S.C. 1539) is amended by adding
at the end the following:
“(k) Emergencies.—On
the declaration of an emergency by the Governor of a State, the Secretary
shall, for the duration of the emergency, temporarily exempt from the
prohibition against taking, and the prohibition against the adverse
modification of critical habitat, under this Act any action that is reasonably
necessary to avoid or ameliorate the impact of the emergency, including the
operation of any water supply or flood control project by a Federal
agency.”.
(c) Jurisdiction
over covered energy projects.—
(1) DEFINITION OF
COVERED ENERGY PROJECT.—In
this subsection, the term “covered energy project” means any action
or decision by a Federal official regarding—
(A) the leasing of
Federal land (including submerged land) for the exploration, development,
production, processing, or transmission of oil, natural gas, or any other
source or form of energy, including actions and decisions regarding the
selection or offering of Federal land for such leasing; or
(B) any action under
such a lease.
(2) EXCLUSIVE
JURISDICTION OVER CAUSES AND CLAIMS RELATING TO COVERED ENERGY
PROJECTS.—Notwithstanding any
other provision of law, the United States District Court for the District of
Columbia shall have exclusive jurisdiction to hear all causes and claims under
this subsection or any other Act that arise from any covered energy
project.
(3) TIME FOR FILING
COMPLAINT.—
(A) IN
GENERAL.—Each case or claim
described in paragraph (2) shall be filed not later than the end of the 60-day
period beginning on the date of the action or decision by a Federal official
that constitutes the covered energy project concerned.
(B) PROHIBITION.—Any cause or claim described in paragraph
(2) that is not filed within the time period described in subparagraph (A)
shall be barred.
(4) DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA DEADLINE.—
(A) IN
GENERAL.—Each proceeding that is subject to paragraph (2)—
(i) shall be resolved
as expeditiously as practicable and in any event not more than 180 days after
the cause or claim is filed; and
(ii) shall take
precedence over all other pending matters before the district court.
(B) FAILURE TO
COMPLY WITH DEADLINE.—If an interlocutory or final judgment,
decree, or order has not been issued by the district court by the deadline
required under this subsection, the cause or claim shall be dismissed with
prejudice and all rights relating to the cause or claim shall be
terminated.
(5) ABILITY TO SEEK
APPELLATE REVIEW.—An
interlocutory or final judgment, decree, or order of the district court under
this subsection may be reviewed by no other court except the Supreme
Court.
(6) DEADLINE FOR
APPEAL TO THE SUPREME COURT.—If a writ of certiorari has been granted by
the Supreme Court pursuant to paragraph (5)—
(A) the interlocutory
or final judgment, decree, or order of the district court shall be resolved as
expeditiously as practicable and in any event not more than 180 days after the
interlocutory or final judgment, decree, order of the district court is issued;
and
(B) all such
proceedings shall take precedence over all other matters then before the
Supreme Court.