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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. FINDINGS. 
Congress finds that— 
(1) the purpose of the National Environmental 
Policy Act of 1969 is to ensure that a Federal agen-
cy will carefully consider detailed information con-
cerning significant environmental impacts and make 
the relevant information available to the public; 
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(2) isolating the specific causes of various cli-
matic changes is exceedingly difficult, if not impos-
sible, to achieve; 
(3) the Council on Environmental Quality has 
stated that— 
(A) ‘‘it is not useful to attempt to link spe-
cific climatological changes, or the environ-
mental impacts thereof, to particular projects or 
emissions, as such direct linkage is difficult to 
isolate and to understand’’; and 
(B) there are ‘‘scientific limits to accu-
rately predicting climate change effects, espe-
cially of a short-term nature.’’; and 
(4) the National Environmental Policy Act of 
1969 should not be used to document, predict, or 
mitigate the climate effects of specific Federal ac-
tions. 
SEC. 2. USE OF NATIONAL ENVIRONMENTAL POLICY ACT 
OF 1969 FOR CLIMATE CHANGE EFFECTS. 
(a) IN GENERAL.—Notwithstanding any other provi-
sion of law, compliance with the National Environmental 
Policy Act of 1969 (42 U.S.C. 4321 et seq.) shall not re-
quire consideration of— 
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(1) the climate change effects or greenhouse 
gas emissions of a proposed action and alternative 
actions; or 
(2) the relationship of climate change effects or 
greenhouse gas emissions to a proposed action or al-
ternatives, including the relationship to proposal de-
sign, environmental impacts, mitigation, and adapta-
tion measures. 
(b) OTHER AUTHORITIES.—The provisions of a 
draft, proposed, or final results of any analysis, study, 
mitigation measure, adaptation measure, environmental 
impact statement or similar analysis, design proposal, ac-
tion, or alternative developed pursuant to the National 
Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
seq.) (including regulations) relating to climate change ef-
fects or greenhouse gas emissions shall not be the basis, 
in whole or in part, for any enforceable measure or action 
under any other provision of law. 
(c) SAVINGS CLAUSE.—Nothing in this section pre-
empts or interferes with— 
(1) any authority to consider the climate 
change effects or greenhouse gas emissions effects of 
proposed legislation or regulations specifically ad-
dressing greenhouse gas emissions; or 
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(2) any requirement to consider the potential 
climate change effects or greenhouse gas emission 
effects of proposals for agency action during plan-
ning or design processes under provisions of law 
other than the National Environmental Policy Act of 
1969 (42 U.S.C. 4321 et seq.). 
Æ 
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