[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 996 Introduced in House (IH)]

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.
                                 <all>