[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1604 Introduced in House (IH)]

112th CONGRESS
  1st Session
                                H. R. 1604

   To facilitate certain activities, alleviate the extra regulatory 
   burdens, and reduce costs related to carrying out projects of the 
            Central Valley Project, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 15, 2011

 Mr. Denham (for himself, Mr. Nunes, Mr. Cardoza, Mr. Herger, 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 facilitate certain activities, alleviate the extra regulatory 
   burdens, and reduce costs related to carrying out projects of the 
            Central Valley 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. APPLICABILITY OF CERTAIN LAWS.

    Submission of a Notice of Determination for a CVP project or 
issuance of a permit related to a CVP project in accordance with the 
California Environmental Quality Act shall be deemed to meet the 
requirements of section 102(2)(C) of the National Environmental 
Protection Act of 1969 (42 U.S.C. 4332(2)(C)) for that project or 
permit.

SEC. 2. CONTINUATION OF PROJECT.

    The Bureau of Reclamation shall not be required to cease activity 
on a project of the Central Valley Project pending completion of a 
review or legal challenge of a Notice of Determination for a CVP 
project or issuance of a permit related to a CVP project.

SEC. 3. JUDICIAL PROCEEDINGS.

    (a) Venue.--Notwithstanding section 1391 of title 28, United States 
Code, or other applicable law, an authorized CVP project conducted 
under this title shall be subject to judicial review only in the United 
States district court for a district in which the authorized CVP 
project is located.
    (b) Injunctions.--
            (1) In general.--Subject to paragraph (2), the length of 
        any preliminary injunctive relief and stays pending appeal 
        covering an authorized CVP project carried out under this Act 
        shall not exceed 60 days.
            (2) Renewal.--
                    (A) In general.--A court of competent jurisdiction 
                may issue one or more renewals of any preliminary 
                injunction, or stay pending appeal, granted under 
                paragraph (1).
                    (B) Updates.--In each renewal of an injunction in 
                an action, the parties to the action shall present the 
                court with updated information on the status of the 
                authorized CVP project.
            (3) Balancing of short- and long-term effects.--As part of 
        its weighing the equities while considering any request for an 
        injunction that applies to an agency action under an authorized 
        CVP project, the court reviewing the project shall balance the 
        impact to the ecosystem likely affected by the project of--
                    (A) the short- and long-term effects of undertaking 
                the agency action; against
                    (B) the short- and long-term effects of not 
                undertaking the agency action.

SEC. 4. PROJECT DEFINED.

    For the purposes of this Act:
            (1) CVP.--The term ``CVP'' means the Central Valley 
        Project.
            (2) Project.--The term ``project''--
                    (A) means an activity that--
                            (i) is undertaken by a public agency, 
                        funded by a public agency, or that requires an 
                        issuance of a permit by a public agency;
                            (ii) has a potential to result in physical 
                        change to the environment; and
                            (iii) may be subject to several 
                        discretionary approvals by governmental 
                        agencies; and
                    (B) may include construction activities, clearing 
                or grading of land, improvements to existing 
                structures, and activities or equipment involving the 
                issuance of a permit.
                                 <all>