[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 3202 Introduced in Senate (IS)]

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115th CONGRESS
  2d Session
                                S. 3202

   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 SENATE OF THE UNITED STATES

                             July 12, 2018

   Mr. Cruz introduced the following bill; which was read twice and 
       referred to the Committee on Environment and Public Works

_______________________________________________________________________

                                 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 2018''.

SEC. 2. LIMITATIONS ON CERTAIN CLAIMS UNDER FEDERAL LAW RELATING TO THE 
              LOWER BOIS D'ARC CREEK RESERVOIR PROJECT IN FANNIN 
              COUNTY, TEXAS.

    (a) Definitions.--In this section:
            (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 project 
        sponsor.
    (b) Judicial Review.--
            (1) In general.--Except as provided in paragraph (2), 
        notwithstanding any other provision of law, a claim arising 
        under Federal law seeking judicial review of any environmental 
        impact statement, environmental review, or authorization for 
        the reservoir project shall be barred.
            (2) Exception.--A claim described in paragraph (1) may 
        proceed if--
                    (A) the claim is filed not later than 105 days 
                after the date of the final record of decision or 
                approval, unless a shorter time is specified in Federal 
                law under which judicial review is allowed; and
                    (B) in the case of a claim with respect to an 
                environmental impact statement for, environmental 
                review of, or authorization for the reservoir project, 
                the claim 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.--For purposes of subsection (b)(2)(A), the 
final agency action that follows preparation of a supplemental 
environmental impact statement, if required, shall be considered a 
separate final agency action.
    (d) District Court Venue and Deadline.--All claims 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 practicable.
    (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 judicial review under 
        subsection (b)(2), the court--
                    (A) shall 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) may not presume that the harms described in 
                subparagraph (A) are reparable;
                    (C) may not waive or limit the requirements of Rule 
                65(c) of the Federal Rules of Civil Procedure as to any 
                movant for a temporary restraining order or injunction; 
                and
                    (D) shall determine the amount of security under 
                Rule 65(c) of the Federal Rules of Civil Procedure in 
                the same proceeding in which the court considers the 
                temporary restraining order or any injunction.
            (2) Security.--With respect to the security required under 
        Rule 65(c) of the Federal Rules of Civil Procedure--
                    (A) an order granting injunctive relief shall not 
                be effective unless and until the security has been 
                posted by the movant;
                    (B) an order granting injunctive relief shall 
                require the security to be posted not later than 15 
                calendar days from the date of issuance of the order; 
                and
                    (C) if the movant fails to post the security within 
                the time required by the court under subparagraph (B), 
                the order granting injunctive relief shall 
                automatically terminate.
    (f) Savings Provision.--Nothing in this section--
            (1) creates a right to judicial review;
            (2) supersedes, amends, or modifies any Federal law or 
        affects the responsibility of any State or Federal officer to 
        comply with or enforce any law;
            (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.
    (g) Application.--
            (1) Effective date.--Subject to paragraph (2), this Act 
        takes effect on February 1, 2018.
            (2) Grandfather clause.--Any claim with respect to the 
        reservoir project commenced prior to the date of enactment of 
        this Act shall be deemed to have complied with any requirements 
        that would have been applicable to that claim under subsection 
        (b)(2)(A).
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