I 
112TH CONGRESS 
1ST SESSION H. R. 1604 
To facilitate certain activities, alleviate the extra regulatory burdens, and 
reduce costs related to carrying out projects of the Central Valley Project, 
and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
APRIL 15, 2011 
Mr. DENHAM (for himself, Mr. NUNES, Mr. CARDOZA, Mr. HERGER, and Mr. 
MCCARTHY of California) introduced the following bill; which was re-
ferred 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 facilitate certain activities, alleviate the extra regulatory 
burdens, and reduce costs related to carrying out projects 
of the Central Valley Project, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. APPLICABILITY OF CERTAIN LAWS. 
Submission of a Notice of Determination for a CVP 
project or issuance of a permit related to a CVP project 
in accordance with the California Environmental Quality 
Act shall be deemed to meet the requirements of section 
VerDate Mar 15 2010 
20:46 Apr 18, 2011
Jkt 099200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H1604.IH
H1604
mstockstill on DSKH9S0YB1PROD with BILLS
102(2)(C) of the National Environmental Protection Act 
of 1969 (42 U.S.C. 4332(2)(C)) for that project or permit. 
SEC. 2. CONTINUATION OF PROJECT. 
The Bureau of Reclamation shall not be required to 
cease activity on a project of the Central Valley Project 
pending completion of a review or legal challenge of a No-
tice of Determination for a CVP project or issuance of 
a permit related to a CVP project. 
SEC. 3. JUDICIAL PROCEEDINGS. 
(a) VENUE.—Notwithstanding section 1391 of title 
28, United States Code, or other applicable law, an au-
thorized CVP project conducted under this title shall be 
subject to judicial review only in the United States district 
court for a district in which the authorized CVP project 
is located. 
(b) INJUNCTIONS.— 
(1) IN GENERAL.—Subject to paragraph (2), 
the length of any preliminary injunctive relief and 
stays pending appeal covering an authorized CVP 
project carried out under this Act shall not exceed 
60 days. 
(2) RENEWAL.— 
(A) IN GENERAL.—A court of competent 
jurisdiction may issue one or more renewals of 
VerDate Mar 15 2010 
20:46 Apr 18, 2011
Jkt 099200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H1604.IH
H1604
mstockstill on DSKH9S0YB1PROD with BILLS
any preliminary injunction, or stay pending ap-
peal, granted under paragraph (1). 
(B) UPDATES.—In each renewal of an in-
junction in an action, the parties to the action 
shall present the court with updated informa-
tion on the status of the authorized CVP 
project. 
(3) BALANCING
OF
SHORT- AND
LONG-TERM 
EFFECTS.—As part of its weighing the equities while 
considering any request for an injunction that ap-
plies to an agency action under an authorized CVP 
project, the court reviewing the project shall balance 
the impact to the ecosystem likely affected by the 
project of— 
(A) the short- and long-term effects of un-
dertaking the agency action; against 
(B) the short- and long-term effects of not 
undertaking the agency action. 
SEC. 4. PROJECT DEFINED. 
For the purposes of this Act: 
(1) CVP.—The term ‘‘CVP’’ means the Central 
Valley Project. 
(2) PROJECT.—The term ‘‘project’’— 
(A) means an activity that— 
VerDate Mar 15 2010 
20:46 Apr 18, 2011
Jkt 099200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H1604.IH
H1604
mstockstill on DSKH9S0YB1PROD with BILLS
(i) is undertaken by a public agency, 
funded by a public agency, or that requires 
an issuance of a permit by a public agency; 
(ii) has a potential to result in phys-
ical change to the environment; and 
(iii) may be subject to several discre-
tionary approvals by governmental agen-
cies; and 
(B) may include construction activities, 
clearing or grading of land, improvements to 
existing structures, and activities or equipment 
involving the issuance of a permit. 
Æ 
VerDate Mar 15 2010 
20:46 Apr 18, 2011
Jkt 099200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6301
E:\BILLS\H1604.IH
H1604
mstockstill on DSKH9S0YB1PROD with BILLS