[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 900 Introduced in House (IH)]

111th CONGRESS
  1st Session
                                H. R. 900

 To establish procedures for causes and claims relating to 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, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            February 4, 2009

Mr. Shadegg (for himself, Mrs. Blackburn, Mr. Kingston, Mr. Carter, Mr. 
   Herger, Mrs. McMorris Rodgers, Mr. Radanovich, Mr. McCotter, Mr. 
     Barrett of South Carolina, Ms. Foxx, Mr. Daniel E. Lungren of 
    California, Mr. Pitts, Mr. Miller of Florida, and Mrs. Myrick) 
 introduced the following bill; which was referred to the Committee on 
                             the Judiciary

_______________________________________________________________________

                                 A BILL


 
 To establish procedures for causes and claims relating to 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, 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. STATEMENT OF CONSTITUTIONAL AUTHORITY.

    Congress enacts this Act pursuant to its authority under--
            (1) article I of the Constitution, to regulate commerce;
            (2) article I of the Constitution, to make all laws 
        necessary and proper to carry into execution the other powers 
        of Congress and other powers vested by the Constitution in the 
        Government of the United States and its officers and 
        departments;
            (3) article III of the Constitution, to define and regulate 
        the jurisdiction of Federal courts; and
            (4) article IV of the Constitution, to make needful 
        regulations respecting the territory or other property of the 
        United States.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) the United States spends over $1 billion per day to 
        import crude oil from foreign countries;
            (2) such expenditure represents the largest wealth transfer 
        in history;
            (3) environmental groups have legally challenged every 
        lease in the Alaskan Outer Continental Shelf in the Chukchi and 
        Beaufort Seas;
            (4) environmental groups have legally challenged the entire 
        2007-2012 5-year national Outer Continental Shelf leasing 
        program;
            (5) such legal challenges significantly delay or ultimately 
        prevent energy resources from reaching the American public;
            (6) these legal challenges come at a high cost to the 
        American public and the American economy; and
            (7) Congress finds that expedited judicial review is 
        necessary to prevent this gross abuse of the United States 
        judicial system.

SEC. 3. 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 Act or any other 
Act that arise from any covered energy project.

SEC. 4. TIME FOR FILING COMPLAINT.

    All causes and claims referred to in section 3 must 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. Any cause or claim not filed within that time 
period shall be barred.

SEC. 5. DISTRICT COURT FOR THE DISTRICT OF COLUMBIA DEADLINE.

    (a) In General.--All proceedings that are subject to section 3--
            (1) shall be resolved as expeditiously as possible, and in 
        any event not more than 180 days after such cause or claim is 
        filed; and
            (2) 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 described under this section, the cause or claim shall be 
dismissed with prejudice and all rights relating to such cause or claim 
shall be terminated.

SEC. 6. ABILITY TO SEEK APPELLATE REVIEW.

    An interlocutory or final judgment, decree, or order of the 
district court may be reviewed by no other court except the Supreme 
Court.

SEC. 7. DEADLINE FOR APPEAL TO THE SUPREME COURT.

    If a writ of certiorari has been granted by the Supreme Court 
pursuant to section 6, then--
            (1) the interlocutory or final judgment, decree, or order 
        of the district court shall be resolved as expeditiously as 
        possible and in any event not more than 180 days after such 
        interlocutory or final judgment, decree, order of the district 
        court is issued; and
            (2) all such proceedings shall take precedence over all 
        other matters then before the Supreme Court.

SEC. 8. COVERED ENERGY PROJECT DEFINED.

    In this Act, the term ``covered energy project'' means any action 
or decision by a Federal official regarding--
            (1) 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, including actions and decisions 
        regarding the selection or offering of Federal lands for such 
        leasing; or
            (2) any action under such a lease.
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