779 
to protect species and the ecosystems upon 
which they depend by allowing Federal agencies 
to carry out, permit, or fund an action without 
proper environmental review and expert third- 
party consultation from Federal wildlife ex-
perts. Under this new rule, Federal agencies 
can unilaterally circumvent the formal review 
process, eliminating longstanding and scientif-
ically grounded safeguards that serve to protect 
the biodiversity of our Nation’s ecosystems and 
avert harm to thousands of endangered and 
threatened species. 
(b) STATEMENT OF POLICY.—It is the policy of the 
United States Government to work in conjunction with 
States, territories, tribal governments, international orga-
nizations, and foreign governments in order to act as a 
steward of the environment for the benefit of public 
health, to maintain air quality and water quality, to sus-
tain the diversity of plant and animal species, to combat 
global climate change, and to protect the environment for 
future generations to enjoy. 
(c) STUDY AND REPORT ON PUBLIC HEALTH OR EN-
VIRONMENTAL IMPACT
OF REVISED RULES, REGULA-
TIONS, LAWS, OR PROPOSED LAWS.— 
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(1) STUDY.—Not later than 30 days after the 
date of enactment of this Act, the President shall 
enter into an arrangement under which the National 
Academy of Sciences will conduct a study to deter-
mine the impact on public health, air quality, water 
quality, wildlife, and the environment of the fol-
lowing regulations, laws, and proposed laws: 
(A) CLEAN WATER.— 
(i) Final revisions to the Federal 
Water Pollution Control Act regulatory 
definitions of ‘‘fill material’’ and ‘‘dis-
charge of fill material’’, finalized and pub-
lished in the Federal Register on May 9, 
2002 (67 Fed. Reg. 31129), amending 
part 232 of title 40, Code of Federal Regu-
lations. 
(ii) Revised National Pollutant Dis-
charge Elimination System Permit Regula-
tion and Effluent Limitation Guidelines 
and Standards for Concentrated Animal 
Feeding Operations in response to the 
‘‘Waterkeeper Alliance, et al. v. Environ-
mental Protection Agency’’ decision, final-
ized and published in the Federal Register 
on November 20, 2008 (73 Fed. Reg. 
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225), amending parts 9, 122, and 412 of 
title 40, Code of Federal Regulations. 
(iii) A March 19, 2003, rule published 
in the Federal Register (68 Fed. Reg. 
13608) withdrawing a July 13, 2000, rule 
revising the Total Maximum Daily Load 
program of the Federal Water Pollution 
Control Act (65 Fed. Reg. 43586), amend-
ing parts 9, 122, 123, 124, and 130 of 
title 40, Code of Federal Regulations. 
(iv) 
Official 
Guidance 
Document, 
‘‘Clean Water Act Jurisdiction Following 
the United States Supreme Court’s Deci-
sion in Rapanos v. United States & 
Carabell v. United States’’, issued on De-
cember 2, 2008, relating to jurisdiction 
under section 404 of the Federal Water 
Pollution Control Act. 
(B) FORESTS AND LAND MANAGEMENT.— 
(i) Healthy Forests Restoration Act of 
2003, signed into law on December 3, 
2003 (Public Law 108–148; 16 U.S.C. 
6501 et seq.). 
(ii) National Forest System Land 
Management Planning Rule, finalized and 
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published in the Federal Register on April 
21, 2008 (73 Fed. Reg. 21468), replacing 
the 2005 final rule (70 Fed. Reg. 1022, 
Jan. 5, 2005), as amended March 3, 2006 
(71 Fed. Reg. 10837), and the 2000 final 
rule adopted on November 9, 2000 (65 
Fed. Reg. 67514), as amended on Sep-
tember 29, 2004 (69 Fed. Reg. 58055), 
amending title 36, Code of Federal Regula-
tions, part 219. 
(iii) The application of the Adminis-
trative Procedure Act (5 U.S.C. 551 to 
559, 701 to 706, et seq.), such that States 
may petition for a special rule for the 
roadless areas in all or part of said State. 
(iv) Record of Decision, ‘‘Oil Shale 
and Tar Sands Resources Resource Man-
agement Plan Amendments’’, issued on 
November 17, 2008, along with the Final 
Rule, Oil Shale Management-General, pub-
lished in the Federal Register on Novem-
ber 18, 2008 (73 Fed. Reg. 223), amend-
ing title 43, Code of Federal Regulations, 
parts 3900, 3910, 3920, and 3930. 
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(C) SCIENTIFIC
REVIEW.—Final Rule, 
Interagency Cooperation Under the Endangered 
Species Act, published in the Federal Register 
on December 16, 2008, amending title 50, Code 
of Federal Regulations, part 402. 
(2) METHOD.—In conducting the study under 
paragraph (1), the National Academy of Sciences 
may utilize and compare existing scientific studies 
regarding the regulations, laws, and proposed laws 
listed in paragraph (1). 
(3) REPORT.—Under the arrangement entered 
into under paragraph (1), not later than 270 days 
after the date on which such arrangement is entered 
into, the National Academy of Sciences shall make 
publicly available and shall submit to the Congress 
and to the head of each department and agency of 
the Federal Government that issued, implements, or 
would implement a regulation, law, or proposed law 
listed in paragraph (1), a report containing— 
(A) a description of the impact of all such 
regulations, laws, and proposed laws on public 
health, air quality, water quality, wildlife, and 
the environment, compared to the impact of 
preexisting regulations, or laws in effect, includ-
ing— 
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