[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4423 Introduced in House (IH)]

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115th CONGRESS
  1st Session
                                H. R. 4423

   To limit claims under Federal law seeking judicial review of any 
environmental impact statement, environmental review, or authorization 
  for the Lower Bois d'Arc Creek Reservoir Project in Fannin County, 
                     Texas, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           November 16, 2017

Mr. Sam Johnson of Texas (for himself, Mr. Sessions, Mr. Ratcliffe, and 
 Mr. Hensarling) introduced the following bill; which was referred to 
                     the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
   To limit claims under Federal law seeking judicial review of any 
environmental impact statement, environmental review, or authorization 
  for the Lower Bois d'Arc Creek Reservoir Project in Fannin County, 
                     Texas, 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. SHORT TITLE.

    This Act may be cited as the ``North Texas Water Supply Security 
Act of 2017''.

SEC. 2. LIMITATIONS ON CLAIMS UNDER FEDERAL LAW SEEKING JUDICIAL REVIEW 
              OF ANY ENVIRONMENTAL IMPACT STATEMENT, ENVIRONMENTAL 
              REVIEW, AND/OR AUTHORIZATION FOR THE LOWER BOIS D'ARC 
              CREEK RESERVOIR PROJECT IN FANNIN COUNTY, TEXAS.

    (a) Definitions.--
            (1) Agency.--The term ``agency'' has the meaning given the 
        term in section 551 of title 5, United States Code.
            (2) Authorization.--The term ``authorization'' means any 
        license, permit, approval, finding, determination, 
        certification, or other administrative decision issued by an 
        agency or a State agency acting under delegated or other 
        Federal authority that is required or authorized under Federal 
        law in order to site, construct, reconstruct, or commence 
        operations of the reservoir project.
            (3) Environmental impact statement.--The term 
        ``environmental impact statement'' means the detailed statement 
        required under section 102(2)(C) of the National Environmental 
        Policy Act of 1969 (42 U.S.C. 4332(2)(C)).
            (4) Environmental review.--The term ``environmental 
        review'' means procedures and processes conducted to comply 
        with section 102 of the National Environmental Policy Act of 
        1969 (42 U.S.C. 4332).
            (5) Project sponsor.--The term ``project sponsor'' means 
        the North Texas Municipal Water District.
            (6) Reservoir project.--The term ``reservoir project'' 
        means the Lower Bois d'Arc Creek Reservoir Project located in 
        Fannin County, Texas, proposed for construction by the North 
        Texas Municipal Water District.
    (b) Judicial Review.--Notwithstanding any other provision of law, a 
claim arising under Federal law seeking judicial review of any 
environmental impact statement, environmental review, and/or 
authorization issued by an agency or a State agency acting under 
delegated or other Federal authority for the reservoir project shall be 
barred unless--
            (1) the action is filed not later than 60 days after the 
        date of publication in the Federal Register of the final record 
        of decision or approval or, unless a shorter time is specified 
        in Federal law under which judicial review is allowed; and
            (2) in the case of an action pertaining to an environmental 
        impact statement for, environmental review of, or authorization 
        for the reservoir project, the action is filed by a party that 
        submitted a comment during the public comment period on the 
        revised draft environmental impact statement for the reservoir 
        project.
    (c) Separate Action.--The final agency action that follows 
preparation of a supplemental environmental impact statement, if 
required, shall be considered a separate final agency action, and the 
deadline for filing a claim for judicial review shall be 60 days after 
the date of the Federal Register notice of the final agency action.
    (d) District Court Venue and Deadline.--All actions related to the 
reservoir project--
            (1) shall be brought in the United States District Court 
        for the Eastern District of Texas; and
            (2) shall be resolved as expeditiously as possible.
    (e) Injunctive Relief.--
            (1) In general.--In addition to considering any other 
        applicable equitable factors, in any motion for a temporary 
        restraining order or any injunction against an agency, a State 
        agency acting under delegated or other Federal authority or the 
        project sponsor in connection with review or authorization of 
        the reservoir project, the court shall--
                    (A) consider the potential effects on public 
                health, safety, and the environment, and the potential 
                for significant negative economic effects resulting 
                from an order or injunction;
                    (B) not presume that the harms described in 
                subparagraph (A) are reparable;
                    (C) not waive or limit the requirements of Federal 
                Rule of Civil Procedure 65(c) as to any movant for a 
                temporary restraining order or injunction; and
                    (D) determine the amount of security described in 
                subparagraph (C) in the same proceeding in which the 
                court considers the temporary restraining order or any 
                injunction.
            (2) Security.--With respect to the security described in 
        paragraph (1)(C)--
                    (A) an order granting injunctive relief shall not 
                be effective unless and until such security has been 
                posted by the movant;
                    (B) an order granting injunctive relief shall 
                require such security to be posted within 15 calendar 
                days or less from the issuance of the order; and
                    (C) if the movant fails to post such security 
                within the time provided in an order granting 
                injunctive relief, the order granting injunctive relief 
                automatically terminates.
    (f) Savings Provision.--Nothing in this section--
            (1) creates a right to judicial review;
            (2) supersedes, amends, or modifies any Federal statute or 
        affects the responsibility of any State or Federal officer to 
        comply with or enforce any statute;
            (3) creates a presumption that the reservoir project will 
        be approved or favorably reviewed by any agency or a State 
        agency acting under delegated or other Federal authority; or
            (4) places any limit on filing a claim that a person has 
        violated the terms or conditions of a permit, license, 
        approval, or certification.
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