I 

111TH CONGRESS 

1ST SESSION H. R. 996 

To temporarily exempt certain public and private development projects from 

any requirement for a review, statement, or analysis under the National 

Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), and for 

other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 11, 2009 

Mr. NUNES (for himself and Mr. MCCARTHY of California) introduced the following bill; which was referred to the Committee on Natural Resources, 

and in addition to the Committee on the Judiciary, for a period to be 

subsequently determined by the Speaker, in each case for consideration 

of such provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To temporarily exempt certain public and private development projects from any requirement for a review, statement, or analysis under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), 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, 


jlentini on PROD1PC65 with BILLS
2 

•HR 996 IH

1 SECTION 1. PUBLIC, PRIVATE, AND AGRICULTURAL 

2 PROJECTS AND ACTIVITIES. 

3 (a) EXEMPTION FROM REVIEW.—During the 3-year 

4 period beginning on the date of enactment of this Act, no 

5 public or private development project that is to be carried 

6 out during that period (other than such a project for 

7 which a permit is required under section 404 of the Fed8 eral Water Pollution Control Act (33 U.S.C. 1344) or that 

9 is to be carried out on wetland (as that term is defined 

10 in section 1201 of the Food Security Act of 1985 (16 

11 U.S.C. 3801)) shall be subject to any requirement for a 

12 review, statement, or analysis under the National Environ13 mental Policy Act of 1969 (42 U.S.C. 4321 et seq.). 

14 (b) EMERGENCIES.—Section 10 of the Endangered 

15 Species Act of 1973 (16 U.S.C. 1539) is amended by add16 ing at the end the following: 

17 ‘‘(k) EMERGENCIES.—On the declaration of an emer18 gency by the Governor of a State, the Secretary shall, for 

19 the duration of the emergency, temporarily exempt from 

20 the prohibition against taking, and the prohibition against 

21 the adverse modification of critical habitat, under this Act 

22 any action that is reasonably necessary to avoid or amelio23 rate the impact of the emergency, including the operation 

24 of any water supply or flood control project by a Federal 

25 agency.’’. 


jlentini on PROD1PC65 with BILLS
3 

•HR 996 IH

1 (c) JURISDICTION OVER COVERED ENERGY

2 PROJECTS.— 

3 (1) DEFINITION OF COVERED ENERGY

4 PROJECT.—In this subsection, the term ‘‘covered en5 ergy project’’ means any action or decision by a 

6 Federal official regarding— 

7 (A) the leasing of Federal land (including 

8 submerged land) for the exploration, develop9 ment, production, processing, or transmission of 

10 oil, natural gas, or any other source or form of 

11 energy, including actions and decisions regard12 ing the selection or offering of Federal land for 

13 such leasing; or 

14 (B) any action under such a lease. 

15 (2) EXCLUSIVE JURISDICTION OVER CAUSES

16 AND CLAIMS RELATING TO COVERED ENERGY

17 PROJECTS.—Notwithstanding any other provision of 

18 law, the United States District Court for the Dis19 trict of Columbia shall have exclusive jurisdiction to 

20 hear all causes and claims under this subsection or 

21 any other Act that arise from any covered energy 

22 project. 

23 (3) TIME FOR FILING COMPLAINT.— 

24 (A) IN GENERAL.—Each case or claim de25 scribed in paragraph (2) shall be filed not later 


jlentini on PROD1PC65 with BILLS
4 

•HR 996 IH

1 than the end of the 60-day period beginning on 

2 the date of the action or decision by a Federal 

3 official that constitutes the covered energy 

4 project concerned. 

5 (B) PROHIBITION.—Any cause or claim 

6 described in paragraph (2) that is not filed 

7 within the time period described in subpara8 graph (A) shall be barred. 

9 (4) DISTRICT COURT FOR THE DISTRICT OF CO10 LUMBIA DEADLINE.— 

11 (A) IN GENERAL.—Each proceeding that is 

12 subject to paragraph (2)— 

13 (i) shall be resolved as expeditiously 

14 as practicable and in any event not more 

15 than 180 days after the cause or claim is 

16 filed; and 

17 (ii) shall take precedence over all 

18 other pending matters before the district 

19 court. 

20 (B) FAILURE TO COMPLY WITH DEAD21 LINE.—If an interlocutory or final judgment, 

22 decree, or order has not been issued by the dis23 trict court by the deadline required under this 

24 subsection, the cause or claim shall be disVerDate Nov 24 2008 22:18 Feb 12, 2009 Jkt 079200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H996.IH H996

jlentini on PROD1PC65 with BILLS
5 

•HR 996 IH

1 missed with prejudice and all rights relating to 

2 the cause or claim shall be terminated. 

3 (5) ABILITY TO SEEK APPELLATE REVIEW.—An 

4 interlocutory or final judgment, decree, or order of 

5 the district court under this subsection may be re6 viewed by no other court except the Supreme Court. 

7 (6) DEADLINE FOR APPEAL TO THE SUPREME

8 COURT.—If a writ of certiorari has been granted by 

9 the Supreme Court pursuant to paragraph (5)— 

10 (A) the interlocutory or final judgment, de11 cree, or order of the district court shall be re12 solved as expeditiously as practicable and in any 

13 event not more than 180 days after the inter14 locutory or final judgment, decree, order of the 

15 district court is issued; and 

16 (B) all such proceedings shall take prece17 dence over all other matters then before the Su18 preme Court. 

Æ 


jlentini on PROD1PC65 with BILLS