[Congressional Record Volume 169, Number 147 (Tuesday, September 12, 2023)]
[Senate]
[Page S4400]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 1111. Mr. LEE submitted an amendment intended to be proposed to 
amendment SA 1092 submitted by Mrs. Murray (for herself and Ms. 
Collins) and intended to be proposed to the bill H.R. 4366, making 
appropriations for military construction, the Department of Veterans 
Affairs, and related agencies for the fiscal year ending September 30, 
2024, and for other purposes; which was ordered to lie on the table; as 
follows:

        On page 291, after line 22, add the following:

     SEC. 155. EXPEDITING COMPLETION OF THE UINTA BASIN RAILWAY.

       (a) Defined Term.--In this section, the term ``Uinta Basin 
     Railway'' means the Uinta Basin Railway project, as generally 
     described and approved in the Surface Transportation Board 
     Decision Docket No. FD 36284 (December 15, 2021).
       (b) Congressional Findings and Declaration.--Congress finds 
     and declares that--
       (1) the timely completion of construction and commencement 
     of the operation of the Uinta Basin Railway is required in 
     the national interest;
       (2) the Uinta Basin Railway will serve as a common carrier 
     railway infrastructure asset located within the borders of 
     the state of Utah;
       (3) the Uinta Basin Railway will provide needed 
     infrastructure to solve the long-standing freight 
     transportation challenges in the region by connecting 
     northeastern Utah to the existing national railway network;
       (4) this common carrier railway will move goods in a safe 
     and cost-effective way to support the economic stability, 
     sustainable communities, and enriched quality of life in the 
     region by providing rail service that is equally open to all 
     freight shippers of a broad range of goods, including oil, 
     gas, minerals, manufactured goods, and agricultural products;
       (5) this critical piece of infrastructure is an important 
     economic development project that will create jobs and 
     provide a higher quality of life to the local communities, 
     including the Ute Indian Tribe of the Uintah and Ouray 
     Reservation.
       (c) Approval and Ratification and Maintenance of Existing 
     Authorizations.--Notwithstanding any other provision of law--
       (1) Congress ratifies and approves all authorizations, 
     permits, verifications, extensions, biological opinions, 
     incidental take statements, and any other approvals or orders 
     issued pursuant to Federal law necessary for the construction 
     and initial operation at full capacity of the Uinta Basin 
     Railway; and
       (2) Congress directs the Surface Transportation Board, the 
     Secretary of the Army, the Secretary of Agriculture, the 
     Secretary of the Interior, and the heads of other Federal 
     agencies, as applicable, to maintain such authorizations, 
     permits, verifications, extensions, biological opinions, 
     incidental take statements, and any other approvals or orders 
     issued pursuant to Federal law necessary for the construction 
     and initial operation at full capacity of the Uinta Basin 
     Railway.
       (d) Expedited Approval.--Notwithstanding any other 
     provision of law, not later than 21 days after the date of 
     the enactment of this Act, the Surface Transportation Board, 
     for the purpose of facilitating the completion of the Uinta 
     Basin Railway, shall issue all permits or verifications that 
     are necessary--
       (1) to complete the construction of the Uinta Basin Railway 
     across the lands and waters of the State of Utah; and
       (2) to allow for the continuing operation and maintenance 
     of the Uinta Basin Railway.
       (e) Judicial Review.--
       (1) Limitation.--Notwithstanding any other provision of 
     law, no court shall have jurisdiction to review any action 
     taken by the Surface Transportation Board, the Secretary of 
     the Army, the Secretary of Agriculture, the Secretary of the 
     Interior, or a State administrative agency acting pursuant to 
     Federal law that grants an authorization, permit, 
     verification, biological opinion, incidental take statement, 
     or any other approval necessary for the construction and 
     initial operation at full capacity of the Uinta Basin 
     Railway, including the issuance of any authorization, permit, 
     extension, verification, biological opinion, incidental take 
     statement, or other approval described in subsection (c) or 
     (d) for the Uinta Basin Railway whether issued before, on, or 
     subsequent to the date of the enactment of this section, 
     including any lawsuit pending in any court as of the date of 
     enactment of this section.
       (2) Exclusive jurisdiction.--The Supreme Court of the 
     United States shall have exclusive jurisdiction over any 
     claim alleging--
       (A) the invalidity of this section; or
       (B) an action taken by a Federal or State official is 
     beyond the scope of authority conferred by this section.
       (f) Effect.--This section supersedes any other provision of 
     law (including any other section of this Act, any Federal law 
     enacted before the date of the enactment of this Act, and any 
     regulation, judicial decision, or agency guidance) that is 
     inconsistent with the issuance of any authorization, permit, 
     verification, biological opinion, incidental take statement, 
     or other approval for the Uinta Basin Railway.
                                 ______