I 111th CONGRESS 1st Session H. R. 996 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.

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.