I 

111TH CONGRESS 

2D SESSION H. R. 5342 

To prohibit the use of the National Environmental Policy Act of 1969 to 

document, predict, or mitigate the climate effects of specific Federal actions. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 19, 2010 

Mr. BISHOP of Utah (for himself, Mrs. MCMORRIS RODGERS, Mrs. LUMMIS, 

Mr. HERGER, Mr. YOUNG of Alaska, and Mr. CHAFFETZ) introduced the 

following bill; which was referred to the Committee on Natural Resources 

A BILL 

To prohibit the use of the National Environmental Policy 

Act of 1969 to document, predict, or mitigate the climate 

effects of specific Federal actions. 

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

3 SECTION 1. FINDINGS. 

4 Congress finds that— 

5 (1) the purpose of the National Environmental 

6 Policy Act of 1969 is to ensure that a Federal agen7 cy will carefully consider detailed information con8 cerning significant environmental impacts and make 

9 the relevant information available to the public; 


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1 (2) isolating the specific causes of various cli2 matic changes is exceedingly difficult, if not impos3 sible, to achieve; 

4 (3) the Council on Environmental Quality has 

5 stated that— 

6 (A) ‘‘it is not useful to attempt to link spe7 cific climatological changes, or the environ8 mental impacts thereof, to particular projects or 

9 emissions, as such direct linkage is difficult to 

10 isolate and to understand’’; and 

11 (B) there are ‘‘scientific limits to accu12 rately predicting climate change effects, espe13 cially of a short-term nature.’’; and 

14 (4) the National Environmental Policy Act of 

15 1969 should not be used to document, predict, or 

16 mitigate the climate effects of specific Federal ac17 tions. 

18 SEC. 2. USE OF NATIONAL ENVIRONMENTAL POLICY ACT 

19 OF 1969 FOR CLIMATE CHANGE EFFECTS. 

20 (a) IN GENERAL.—Notwithstanding any other provi21 sion of law, compliance with the National Environmental 

22 Policy Act of 1969 (42 U.S.C. 4321 et seq.) shall not re23 quire consideration of— 


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1 (1) the climate change effects or greenhouse 

2 gas emissions of a proposed action and alternative 

3 actions; or 

4 (2) the relationship of climate change effects or 

5 greenhouse gas emissions to a proposed action or al6 ternatives, including the relationship to proposal de7 sign, environmental impacts, mitigation, and adapta8 tion measures. 

9 (b) OTHER AUTHORITIES.—The provisions of a 

10 draft, proposed, or final results of any analysis, study, 

11 mitigation measure, adaptation measure, environmental 

12 impact statement or similar analysis, design proposal, ac13 tion, or alternative developed pursuant to the National 

14 Environmental Policy Act of 1969 (42 U.S.C. 4321 et 

15 seq.) (including regulations) relating to climate change ef16 fects or greenhouse gas emissions shall not be the basis, 

17 in whole or in part, for any enforceable measure or action 

18 under any other provision of law. 

19 (c) SAVINGS CLAUSE.—Nothing in this section pre20 empts or interferes with— 

21 (1) any authority to consider the climate 

22 change effects or greenhouse gas emissions effects of 

23 proposed legislation or regulations specifically ad24 dressing greenhouse gas emissions; or 


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1 (2) any requirement to consider the potential 

2 climate change effects or greenhouse gas emission 

3 effects of proposals for agency action during plan4 ning or design processes under provisions of law 

5 other than the National Environmental Policy Act of 

6 1969 (42 U.S.C. 4321 et seq.). 

Æ 


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