I 

111TH CONGRESS 

1ST SESSION H. R. 900 

To establish procedures for causes and claims relating to the leasing of 

Federal lands (including submerged lands) for the exploration, development, production, processing, or transmission of oil, natural gas, or 

any other source or form of energy, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 4, 2009 

Mr. SHADEGG (for himself, Mrs. BLACKBURN, Mr. KINGSTON, Mr. CARTER, 

Mr. HERGER, Mrs. MCMORRIS RODGERS, Mr. RADANOVICH, Mr. 

MCCOTTER, Mr. BARRETT of South Carolina, Ms. FOXX, Mr. DANIEL E. 

LUNGREN of California, Mr. PITTS, Mr. MILLER of Florida, and Mrs. 

MYRICK) introduced the following bill; which was referred to the Committee on the Judiciary 

A BILL 

To establish procedures for causes and claims relating to 

the leasing of Federal lands (including submerged lands) 

for the exploration, development, production, processing, 

or transmission of oil, natural gas, or any other source 

or form of energy, 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. STATEMENT OF CONSTITUTIONAL AUTHORITY. 

4 Congress enacts this Act pursuant to its authority 

5 under— 


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1 (1) article I of the Constitution, to regulate 

2 commerce; 

3 (2) article I of the Constitution, to make all 

4 laws necessary and proper to carry into execution 

5 the other powers of Congress and other powers vest6 ed by the Constitution in the Government of the 

7 United States and its officers and departments; 

8 (3) article III of the Constitution, to define and 

9 regulate the jurisdiction of Federal courts; and 

10 (4) article IV of the Constitution, to make 

11 needful regulations respecting the territory or other 

12 property of the United States. 

13 SEC. 2. FINDINGS. 

14 Congress finds that— 

15 (1) the United States spends over $1 billion per 

16 day to import crude oil from foreign countries; 

17 (2) such expenditure represents the largest 

18 wealth transfer in history; 

19 (3) environmental groups have legally chal20 lenged every lease in the Alaskan Outer Continental 

21 Shelf in the Chukchi and Beaufort Seas; 

22 (4) environmental groups have legally chal23 lenged the entire 2007–2012 5-year national Outer 

24 Continental Shelf leasing program; 


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1 (5) such legal challenges significantly delay or 

2 ultimately prevent energy resources from reaching 

3 the American public; 

4 (6) these legal challenges come at a high cost 

5 to the American public and the American economy; 

6 and 

7 (7) Congress finds that expedited judicial re8 view is necessary to prevent this gross abuse of the 

9 United States judicial system. 

10 SEC. 3. EXCLUSIVE JURISDICTION OVER CAUSES AND 

11 CLAIMS RELATING TO COVERED ENERGY 

12 PROJECTS. 

13 Notwithstanding any other provision of law, the 

14 United States District Court for the District of Columbia 

15 shall have exclusive jurisdiction to hear all causes and 

16 claims under this Act or any other Act that arise from 

17 any covered energy project. 

18 SEC. 4. TIME FOR FILING COMPLAINT. 

19 All causes and claims referred to in section 3 must 

20 be filed not later than the end of the 60-day period begin21 ning on the date of the action or decision by a Federal 

22 official that constitutes the covered energy project con23 cerned. Any cause or claim not filed within that time pe24 riod shall be barred. 


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1 SEC. 5. DISTRICT COURT FOR THE DISTRICT OF COLUMBIA 

2 DEADLINE. 

3 (a) IN GENERAL.—All proceedings that are subject 

4 to section 3— 

5 (1) shall be resolved as expeditiously as pos6 sible, and in any event not more than 180 days after 

7 such cause or claim is filed; and 

8 (2) shall take precedence over all other pending 

9 matters before the district court. 

10 (b) FAILURE TO COMPLY WITH DEADLINE.—If an 

11 interlocutory or final judgment, decree, or order has not 

12 been issued by the district court by the deadline described 

13 under this section, the cause or claim shall be dismissed 

14 with prejudice and all rights relating to such cause or 

15 claim shall be terminated. 

16 SEC. 6. ABILITY TO SEEK APPELLATE REVIEW. 

17 An interlocutory or final judgment, decree, or order 

18 of the district court may be reviewed by no other court 

19 except the Supreme Court. 

20 SEC. 7. DEADLINE FOR APPEAL TO THE SUPREME COURT. 

21 If a writ of certiorari has been granted by the Su22 preme Court pursuant to section 6, then— 

23 (1) the interlocutory or final judgment, decree, 

24 or order of the district court shall be resolved as ex25 peditiously as possible and in any event not more 

26 than 180 days after such interlocutory or final judgVerDate Nov 24 2008 21:31 Feb 07, 2009 Jkt 079200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H900.IH H900

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1 ment, decree, order of the district court is issued; 

2 and 

3 (2) all such proceedings shall take precedence 

4 over all other matters then before the Supreme 

5 Court. 

6 SEC. 8. COVERED ENERGY PROJECT DEFINED. 

7 In this Act, the term ‘‘covered energy project’’ means 

8 any action or decision by a Federal official regarding— 

9 (1) the leasing of Federal lands (including sub10 merged lands) for the exploration, development, pro11 duction, processing, or transmission of oil, natural 

12 gas, or any other source or form of energy, including 

13 actions and decisions regarding the selection or of14 fering of Federal lands for such leasing; or 

15 (2) any action under such a lease. 

Æ 


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