I 111th CONGRESS 2d Session H. R. 5342 IN THE HOUSE OF REPRESENTATIVES May 19, 2010 Mr. Bishop of Utah (for himself, Mrs. McMorris Rodgers, Mrs. Lummis, Mr. Herger, Mr. Young of Alaska, and Mr. Chaffetz) introduced the following bill; which was referred to the Committee on Natural Resources A BILL To prohibit the use of the National Environmental Policy Act of 1969 to document, predict, or mitigate the climate effects of specific Federal actions.

1.

Findings

Congress finds that— (1)the purpose of the National Environmental Policy Act of 1969 is to ensure that a Federal agency will carefully consider detailed information concerning significant environmental impacts and make the relevant information available to the public; (2)isolating the specific causes of various climatic changes is exceedingly difficult, if not impossible, to achieve; (3)the Council on Environmental Quality has stated that— (A)it is not useful to attempt to link specific climatological changes, or the environmental impacts thereof, to particular projects or emissions, as such direct linkage is difficult to isolate and to understand; and (B)there are scientific limits to accurately predicting climate change effects, especially of a short-term nature.; and (4)the National Environmental Policy Act of 1969 should not be used to document, predict, or mitigate the climate effects of specific Federal actions.

2.

Use of National Environmental Policy Act of 1969 for climate change effects

(a)

In general

Notwithstanding any other provision of law, compliance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) shall not require consideration of— (1)the climate change effects or greenhouse gas emissions of a proposed action and alternative actions; or (2)the relationship of climate change effects or greenhouse gas emissions to a proposed action or alternatives, including the relationship to proposal design, environmental impacts, mitigation, and adaptation measures. (b)

Other Authorities

The provisions of a draft, proposed, or final results of any analysis, study, mitigation measure, adaptation measure, environmental impact statement or similar analysis, design proposal, action, or alternative developed pursuant to the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) (including regulations) relating to climate change effects or greenhouse gas emissions shall not be the basis, in whole or in part, for any enforceable measure or action under any other provision of law. (c)

Savings Clause

Nothing in this section preempts or interferes with— (1)any authority to consider the climate change effects or greenhouse gas emissions effects of proposed legislation or regulations specifically addressing greenhouse gas emissions; or (2)any requirement to consider the potential climate change effects or greenhouse gas emission effects of proposals for agency action during planning or design processes under provisions of law other than the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).