among Federal agencies regarding the scope, 
schedule, or terms of Federal authorizations. 
‘‘(B) DESIGNEE DESCRIBED.—The Presi-
dent may, for a covered project, assign a des-
ignee as follows: 
‘‘(i) The Secretary of Defense. 
‘‘(ii) After publication in the Federal 
Register, the head of another Federal 
agency. 
‘‘(d) ENVIRONMENTAL
REVIEW.—The President 
shall designate a single Federal agency to serve as the lead 
agency responsible for preparing all environmental reviews 
and related documents for a designated covered project, 
which shall be deemed sufficient for such reviews required 
for relevant Federal authorizations. 
‘‘(e) JUDICIAL REVIEW.— 
‘‘(1) VENUE; LIMITATION.—A civil action seek-
ing review of a designation under subsection (b) 
shall be brought only in the District of Columbia 
Circuit. A civil action seeking review of a Federal 
authorization under subsection (c) shall be brought 
in the United States Court of Appeals for the circuit 
in which the covered project is principally located. 
‘‘(2) TIMING OF CIVIL ACTIONS.—A civil action 
described in paragraph (1) may only be brought dur-
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ing the 60-day period following the date on which 
the applicable designation or authorization is made. 
‘‘(3) EXPEDITED CONSIDERATION.—The United 
States Court of Appeals for the District of Columbia 
Circuit shall provide expedited consideration for a 
civil action described in paragraph (1), and shall 
issue a final decision on the merits not later than 60 
days after date of filing of the complaint. Such deci-
sion may only be appealed to the Supreme Court of 
the United States. 
‘‘(4) INJUNCTIVE RELIEF.—The United States 
Court of Appeals for the District of Columbia Cir-
cuit may not issue a preliminary injunction for a 
civil action described in paragraph (1) unless the 
court finds a designation or an authorization that is 
the subject of the civil action is arbitrary, capricious, 
or contrary to law. Any injunctive relief shall be nar-
rowly tailored to remedy such defect. 
‘‘(5) REMEDIES.—The United States Court of 
Appeals for the District of Columbia Circuit may not 
vacate a designation or authorization unless the 
court finds by clear and convincing evidence that the 
designation or authorization is unlawful. Relief shall 
be limited to the covered project that is the subject 
of the civil action. 
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‘‘(f) NATIONAL DEFENSE EXEMPTION.—The Presi-
dent may, by executive order, exempt a covered project 
designated under this section from the application of new 
emissions limitations or operational requirements promul-
gated under Federal law after the date of designation, if 
the President determines and publishes in the Federal 
Register that— 
‘‘(1) the continued operation of such project is 
necessary for national defense (as defined in section 
702 of this Act); and 
‘‘(2) application of such new requirements 
would materially impair the ability of the project to 
provide critical capacity in support of national de-
fense. 
‘‘(g) COMPENSATION
FOR FEDERAL REGULATORY 
IMPAIRMENT.— 
‘‘(1) RIGHT
TO
COMPENSATION.—If, after a 
project or facility is designated under subsection (b), 
any change in Federal statute, regulation, agency 
order, or permit condition imposed by a Federal 
agency prohibits or materially impairs the operation 
of a facility described in subsection (a)(2) for a con-
tinuous period of not less than 180 days—despite 
the facility’s compliance with all previously applica-
ble Federal requirements—the United States shall 
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pay monetary compensation to the owner or operator 
for the resulting loss in value and revenue, as deter-
mined under paragraph (2). 
‘‘(2) 
DETERMINATION
OF
COMPENSATION 
AMOUNT.—The amount of compensation shall equal 
the diminution in fair market value of the facility 
and the reasonably foreseeable loss of net revenue 
directly caused by the Federal action, as determined 
by an independent appraisal using generally accept-
ed valuation methodologies that exclude unrelated 
market fluctuations or voluntary retirements. 
‘‘(3) PROCEDURE.—A claim shall be filed with 
the lead agency designated under subsection (d) 
within 270 days after the impairment period de-
scribed in paragraph (1) is satisfied. The lead agen-
cy shall issue a final written determination within 
180 days after a complete claim is filed. Failure to 
act within that period shall constitute final agency 
action for purposes of subsection (e). 
‘‘(4) SOURCE OF FUNDS.—Compensation under 
this subsection shall be paid from the Defense Pro-
duction Act Fund established under section 304 of 
this Act, subject to the availability of appropriations. 
The head of the lead agency may enter into binding 
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settlement agreements to satisfy liability under this 
subsection. 
‘‘(5) LIMITATIONS AND EXCLUSIONS.—No com-
pensation shall be paid for losses attributable to— 
‘‘(A) gross negligence, willful misconduct, 
or knowing violation of law by the claimant; 
‘‘(B) 
voluntary 
retirement, 
decommis-
sioning, or mothballing decisions not compelled 
by the Federal action; 
‘‘(C) non-Federal actions or orders; 
‘‘(D) routine permitting delays or condi-
tions not rising to a material impairment; or 
‘‘(E) costs or losses already recovered from 
ratepayers or third parties, or that would result 
in double recovery. 
The claimant shall have a duty to mitigate losses 
reasonably. 
‘‘(6) REMEDIES AND SOVEREIGN IMMUNITY.— 
The United States waives sovereign immunity for 
monetary relief under this subsection, but not for 
punitive, exemplary, incidental, or consequential 
damages, and not for attorneys’ fees except as ex-
pressly provided by law. Venue, timing, expedited 
consideration, and standards of review shall be as 
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