I 112th CONGRESS 1st Session H. R. 1604 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.

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.

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.

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.

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.