I 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘North Texas Water 

5 Supply Security Act of 2017’’. 


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1 SEC. 2. LIMITATIONS ON CLAIMS UNDER FEDERAL LAW 

2 SEEKING JUDICIAL REVIEW OF ANY ENVI3 RONMENTAL IMPACT STATEMENT, ENVIRON4 MENTAL REVIEW, AND/OR AUTHORIZATION 

5 FOR THE LOWER BOIS D’ARC CREEK RES6 ERVOIR PROJECT IN FANNIN COUNTY, TEXAS. 

7 (a) DEFINITIONS.— 

8 (1) AGENCY.—The term ‘‘agency’’ has the 

9 meaning given the term in section 551 of title 5, 

10 United States Code. 

11 (2) AUTHORIZATION.—The term ‘‘authoriza12 tion’’ means any license, permit, approval, finding, 

13 determination, certification, or other administrative 

14 decision issued by an agency or a State agency act15 ing under delegated or other Federal authority that 

16 is required or authorized under Federal law in order 

17 to site, construct, reconstruct, or commence oper18 ations of the reservoir project. 

19 (3) ENVIRONMENTAL IMPACT STATEMENT.— 

20 The term ‘‘environmental impact statement’’ means 

21 the detailed statement required under section 

22 102(2)(C) of the National Environmental Policy Act 

23 of 1969 (42 U.S.C. 4332(2)(C)). 

24 (4) ENVIRONMENTAL REVIEW.—The term ‘‘en25 vironmental review’’ means procedures and processes 

26 conducted to comply with section 102 of the NaVerDate Sep 11 2014 04:32 Nov 21, 2017 Jkt 079200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H4423.IH H4423

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1 tional Environmental Policy Act of 1969 (42 U.S.C. 

2 4332). 

3 (5) PROJECT SPONSOR.—The term ‘‘project 

4 sponsor’’ means the North Texas Municipal Water 

5 District. 

6 (6) RESERVOIR PROJECT.—The term ‘‘reservoir 

7 project’’ means the Lower Bois d’Arc Creek Res8 ervoir Project located in Fannin County, Texas, pro9 posed for construction by the North Texas Municipal 

10 Water District. 

11 (b) JUDICIAL REVIEW.—Notwithstanding any other 

12 provision of law, a claim arising under Federal law seeking 

13 judicial review of any environmental impact statement, en14 vironmental review, and/or authorization issued by an 

15 agency or a State agency acting under delegated or other 

16 Federal authority for the reservoir project shall be barred 

17 unless— 

18 (1) the action is filed not later than 60 days 

19 after the date of publication in the Federal Register 

20 of the final record of decision or approval or, unless 

21 a shorter time is specified in Federal law under 

22 which judicial review is allowed; and 

23 (2) in the case of an action pertaining to an en24 vironmental impact statement for, environmental re25 view of, or authorization for the reservoir project, 


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1 the action is filed by a party that submitted a com2 ment during the public comment period on the re3 vised draft environmental impact statement for the 

4 reservoir project. 

5 (c) SEPARATE ACTION.—The final agency action that 

6 follows preparation of a supplemental environmental im7 pact statement, if required, shall be considered a separate 

8 final agency action, and the deadline for filing a claim for 

9 judicial review shall be 60 days after the date of the Fed10 eral Register notice of the final agency action. 

11 (d) DISTRICT COURT VENUE AND DEADLINE.—All 

12 actions related to the reservoir project— 

13 (1) shall be brought in the United States Dis14 trict Court for the Eastern District of Texas; and 

15 (2) shall be resolved as expeditiously as pos16 sible. 

17 (e) INJUNCTIVE RELIEF.— 

18 (1) IN GENERAL.—In addition to considering 

19 any other applicable equitable factors, in any motion 

20 for a temporary restraining order or any injunction 

21 against an agency, a State agency acting under dele22 gated or other Federal authority or the project spon23 sor in connection with review or authorization of the 

24 reservoir project, the court shall— 


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1 (A) consider the potential effects on public 

2 health, safety, and the environment, and the po3 tential for significant negative economic effects 

4 resulting from an order or injunction; 

5 (B) not presume that the harms described 

6 in subparagraph (A) are reparable; 

7 (C) not waive or limit the requirements of 

8 Federal Rule of Civil Procedure 65(c) as to any 

9 movant for a temporary restraining order or in10 junction; and 

11 (D) determine the amount of security de12 scribed in subparagraph (C) in the same pro13 ceeding in which the court considers the tem14 porary restraining order or any injunction. 

15 (2) SECURITY.—With respect to the security 

16 described in paragraph (1)(C)— 

17 (A) an order granting injunctive relief shall 

18 not be effective unless and until such security 

19 has been posted by the movant; 

20 (B) an order granting injunctive relief 

21 shall require such security to be posted within 

22 15 calendar days or less from the issuance of 

23 the order; and 

24 (C) if the movant fails to post such secu25 rity within the time provided in an order grantVerDate Sep 11 2014 04:32 Nov 21, 2017 Jkt 079200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H4423.IH H4423

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1 ing injunctive relief, the order granting injunc2 tive relief automatically terminates. 

3 (f) SAVINGS PROVISION.—Nothing in this section— 

4 (1) creates a right to judicial review; 

5 (2) supersedes, amends, or modifies any Fed6 eral statute or affects the responsibility of any State 

7 or Federal officer to comply with or enforce any 

8 statute; 

9 (3) creates a presumption that the reservoir 

10 project will be approved or favorably reviewed by any 

11 agency or a State agency acting under delegated or 

12 other Federal authority; or 

13 (4) places any limit on filing a claim that a per14 son has violated the terms or conditions of a permit, 

15 license, approval, or certification. 

Æ 


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