H.R.1604 - To facilitate certain activities, alleviate the extra regulatory burdens, and reduce costs related to carrying out projects of the Central Valley Project, and for other purposes.112th Congress (2011-2012)
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Shown Here: Introduced in House (04/15/2011)
112th CONGRESS 1st Session
H. R. 1604
To facilitate certain activities, alleviate the extra
regulatory burdens, and reduce costs related to carrying out projects of the
Central Valley Project, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
April 15, 2011
Mr. Denham (for
himself, Mr. Nunes,
Mr. Cardoza,
Mr. Herger, 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 facilitate certain activities, alleviate the extra
regulatory burdens, and reduce costs related to carrying out projects of the
Central Valley Project, 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.Applicability of certain
laws.
Submission of a Notice of
Determination for a CVP project or issuance of a permit related to a CVP
project in accordance with the California Environmental Quality Act shall be
deemed to meet the requirements of section 102(2)(C) of the National
Environmental Protection Act of 1969 (42 U.S.C. 4332(2)(C)) for that project or
permit.
SEC. 2. Continuation of
project.
The Bureau of
Reclamation shall not be required to cease activity on a project of the Central
Valley Project pending completion of a review or legal challenge of a Notice of
Determination for a CVP project or issuance of a permit related to a CVP
project.
SEC. 3. Judicial
proceedings.
(a) Venue.—Notwithstanding section 1391 of title 28,
United States Code, or other applicable law, an authorized CVP project
conducted under this title shall be subject to judicial review only in the
United States district court for a district in which the authorized CVP project
is located.
(b) Injunctions.—
(1) IN
GENERAL.—Subject to paragraph (2), the length of any preliminary
injunctive relief and stays pending appeal covering an authorized CVP project
carried out under this Act shall not exceed 60 days.
(2) RENEWAL.—
(A) IN
GENERAL.—A court of competent jurisdiction may issue one or more
renewals of any preliminary injunction, or stay pending appeal, granted under
paragraph (1).
(B) UPDATES.—In
each renewal of an injunction in an action, the parties to the action shall
present the court with updated information on the status of the authorized CVP
project.
(3) BALANCING OF
SHORT- AND LONG-TERM EFFECTS.—As part of its weighing the equities
while considering any request for an injunction that applies to an agency
action under an authorized CVP project, the court reviewing the project shall
balance the impact to the ecosystem likely affected by the project of—
(A) the short- and
long-term effects of undertaking the agency action; against
(B) the short- and
long-term effects of not undertaking the agency action.
SEC. 4. Project
Defined.
For the purposes of
this Act:
(1) CVP.—The
term “CVP” means the Central Valley Project.
(2) PROJECT.—The
term “project”—
(A) means an activity
that—
(i) is
undertaken by a public agency, funded by a public agency, or that requires an
issuance of a permit by a public agency;
(ii) has
a potential to result in physical change to the environment; and
(iii) may be subject
to several discretionary approvals by governmental agencies; and
(B) may include
construction activities, clearing or grading of land, improvements to existing
structures, and activities or equipment involving the issuance of a
permit.