[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6887 Introduced in House (IH)]







110th CONGRESS
  2d Session
                                H. R. 6887

To authorize the President or a designee of the President to waive any 
    legal requirement under any provision of Federal law otherwise 
    applicable to a covered energy project as the President or such 
  designee determines necessary to ensure expeditious conduct of such 
                    project, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 11, 2008

 Mr. Shadegg introduced the following bill; which was referred to the 
Committee on Energy and Commerce, and in addition to the Committees on 
 Natural Resources and Transportation and Infrastructure, 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 authorize the President or a designee of the President to waive any 
    legal requirement under any provision of Federal law otherwise 
    applicable to a covered energy project as the President or such 
  designee determines necessary to ensure expeditious conduct of such 
                    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. WAIVER OF LAWS APPLICABLE TO COVERED ENERGY PROJECTS.

    (a) In General.--Notwithstanding any other provision of law, the 
President or a designee of the President may waive any legal 
requirement under any provision of Federal law otherwise applicable to 
a covered energy project, including any provision of law relating to 
any administrative protest of any agency action taken with respect to 
such a project, as the President or such designee, in his or her sole 
discretion, determines necessary to ensure expeditious conduct of such 
project. Any such determination shall be effective upon being published 
in the Federal Register.
    (b) Federal Court Review.--
            (1) In general.--The district courts of the United States 
        shall have exclusive jurisdiction to hear all causes or claims 
        arising from any action undertaken, or any decision made, by 
        the President or such designee pursuant to subsection (a). Such 
        a cause of action or claim may only be brought alleging a 
        violation of the Constitution of the United States. The court 
        shall not have jurisdiction to hear any claim not specified in 
        this paragraph.
            (2) Time for filing of complaint.--Any cause or claim 
        brought pursuant to paragraph (1) shall be filed not later than 
        60 days after the date of the action or decision made by the 
        President or such designee. A claim shall be barred unless it 
        is filed within the time specified.
            (3) Ability to seek appellate review.--An interlocutory or 
        final judgment, decree, or order of the district court may be 
        reviewed only upon petition for a writ of certiorari to the 
        Supreme Court of the United States.
    (c) Covered Energy Project Defined.--In this section the term, 
``covered energy project''--
            (1) means the construction, operation, or maintenance of 
        any building, structure, or other facility for the development, 
        production, processing, or transmission of energy; and
            (2) includes--
                    (A) construction, operation, or maintenance of any 
                oil or natural gas pipeline or refinery; and
                    (B) the leasing of Federal lands (including 
                submerged lands) for the exploration, development, 
                production, processing, or transmission of oil, natural 
                gas, or any other source or form of energy.
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