965 
(ii) NFS LAND MANAGEMENT PLAN-
NING FINAL PLANNING RULE AND RECORD 
OF DECISION.— 
(I) On April 21, 2008, the Sec-
retary of Agriculture issued a final 
rule entitled ‘‘National Forest System 
Land Management Planning’’ (73 
Fed. Reg. 21486 (April 21, 2008)) 
(referred to in this clause as the ‘‘re-
vised rule’’). 
(II) The revised rule is a revision 
of a similar final rule entitled ‘‘Na-
tional Forest System Land Manage-
ment Planning’’ (70 Fed Reg. 1022 
(January 5, 2005)), which the United 
States District Court for the Northern 
District of California remanded to the 
Secretary of Agriculture in the case 
styled Citizens for Better Forestry v. 
United States Department of Agri-
culture (481 F. Supp. 2d 1059 (N.D. 
Cal. 2007)) for violating— 
(aa) the National Environ-
mental Policy Act of 1969 (42 
U.S.C. 4321 et seq.); 
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(bb) the Endangered Species 
Act of 1973 (16 U.S.C. 1531 et 
seq.); and 
(cc) subchapter II of chapter 
5, and chapter 7, of title 5, 
United States Code (commonly 
known as the ‘‘Administrative 
Procedure Act’’). 
(III) The revised rule eliminates 
strict forest planning standards estab-
lished in 1982. 
(IV) The revised rule opens mil-
lions of acres of public land to dam-
aging and invasive logging, mining, 
and drilling operations. 
(V) The revised rule would re-
verse more than 20 years of protec-
tions for wildlife and national forests 
by— 
(aa) removing the overall 
goal of ensuring ecological sus-
tainability in managing the Na-
tional Forest System; 
(bb) weakening the effect of 
the National Forest Management 
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Act of 1976 (Public Law 94–588; 
90 Stat. 2949) and the amend-
ments made by that Act; and 
(cc) effectively ending the 
review of forest management 
plans under the National Envi-
ronmental Policy Act of 1969 (42 
U.S.C. 4321 et seq.). 
(iii) INVENTORIED
ROADLESS
AREA 
RULES.— 
(I) On September 20, 2006, the 
United States District Court for the 
Northern District of California va-
cated the final rule entitled ‘‘Special 
Areas; State Petitions for Inventoried 
Roadless Area Management’’ (70 Fed. 
Reg. 25654 (May 13, 2005)) (referred 
to in this clause as the ‘‘2005 rule’’), 
which gave each Governor of a State 
18 months to petition the Federal 
Government— 
(aa) to restore the inven-
toried roadless area rules applica-
ble to the State of the Governor 
before the effective date of the 
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final rule entitled ‘‘Special Areas; 
Roadless Area Conservation’’ (66 
Fed. Reg. 3244 (January 12, 
2001)) (referred to in this clause 
as the ‘‘2001 rule’’); or 
(bb) to submit a new man-
agement and development plan 
for 
National 
Forest 
System 
inventoried roadless areas within 
the State. 
(II) Despite the enjoinment of 
the 2005 rule and the subsequent res-
toration of the 2001 rule, the Forest 
Service has continued to allow States 
to petition for a special rule under the 
authority of section 553(e) of title 5, 
United States Code, and has issued a 
final rule entitled ‘‘Special Areas; 
Roadless Area Conservation; Applica-
bility to the National Forests in 
Idaho’’ (73 Fed. Reg. 61456 (October 
16, 2008)). 
(III) As a result, 58,500,000 
acres of wild National Forest System 
land are still vulnerable to logging, 
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road building, and other developments 
that may fragment natural habitats 
and negatively impact fish and wild-
life. 
(iv) BLM RESOURCE
MANAGEMENT 
PLANS.— 
(I) On November 28, 2008, the 
Bureau of Land Management an-
nounced the record of decision entitled 
‘‘Record of Decision for Oil Shale and 
Tar Sands Resources to Address 
Land Use Allocations in Colorado, 
Utah, and Wyoming’’ (73 Fed. Reg. 
72519 (November 28, 2008)), which 
amended 12 resource management 
plans in the States of Colorado, Utah, 
and Wyoming, opening 2,000,000 
acres of public land to commercial tar 
sands and oil shale exploration and 
development. 
(II) On November 18, 2008, the 
Bureau of Land Management issued 
the final rule entitled ‘‘Oil Shale Man-
agement—General’’ (73 Fed. Reg. 
69414 (November 18, 2008)), setting 
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970 
the policies and procedures for a com-
mercial leasing program for the man-
agement of federally owned oil shale 
in the States referred to in subclause 
(I). 
(III) Previously barred by a con-
gressional moratorium on the com-
mercial leasing regulations for oil 
shale until September 30, 2008, the 
development of oil shale on public 
land poses a serious threat to land 
conservation, endangered and threat-
ened species, and critical habitat. 
(IV) Domestic shale oil produc-
tion authorized by the final rules de-
scribed in subclauses (I) and (II)— 
(aa) is water- and energy-in-
tensive; and 
(bb) will intensify existing 
water scarcity in the arid West-
ern United States and potentially 
degrade air and water quality for 
surrounding populations. 
(C) SCIENTIFIC REVIEW.— 
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(i) On December 16, 2008, the United 
States Fish and Wildlife Service and the 
National Marine Fisheries Service jointly 
issued a new rule, entitled ‘‘Interagency 
Cooperation Under the Endangered Spe-
cies Act’’ (73 Fed. Reg. 76272) amending 
regulations governing interagency coopera-
tion under section 7 of the Endangered 
Species Act of 1973 (16 U.S.C. 1536). 
(ii) The rule described in clause (i) 
undermines the intention of the Endan-
gered Species Act (16 U.S.C. 1531 et seq.) 
to protect species and the ecosystems on 
which those species depend by allowing 
Federal agencies to carry out, permit, or 
fund an action without proper environ-
mental review and expert third-party con-
sultation from Federal wildlife experts. 
(iii) Under the rule described in 
clause (i), Federal agencies can unilaterally 
circumvent the formal review process, 
eliminating longstanding and scientifically 
grounded safeguards that serve to protect 
the biodiversity of ecosystems in the 
United States and avert harm to thou-
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sands of endangered and threatened spe-
cies. 
(b) STATEMENT OF POLICY.—It is the policy of the 
Federal Government to work in conjunction with States, 
territories, Tribal governments, international organiza-
tions, and foreign governments as a steward of the envi-
ronment for the benefit of public health, to maintain air 
quality and water quality, to sustain the diversity of plant 
and animal species, to combat global climate change, and 
to protect the environment for future generations. 
(c) STUDY AND REPORT ON PUBLIC HEALTH OR EN-
VIRONMENTAL IMPACT
OF REVISED RULES, REGULA-
TIONS, LAWS, OR PROPOSED LAWS.— 
(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 shall 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) The final rule of the Environ-
mental Protection Agency and the Corps of 
Engineers entitled ‘‘Final Revisions to the 
Clean Water Act Regulatory Definitions of 
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‘Fill Material’ and ‘Discharge of Fill Mate-
rial’ ’’ (67 Fed. Reg. 31129 (May 9, 
2002)). 
(ii) The final rule of the Environ-
mental Protection Agency entitled ‘‘Re-
vised National Pollutant Discharge Elimi-
nation System Permit Regulation and Ef-
fluent Limitations Guidelines for Con-
centrated Animal Feeding Operations in 
Response to the Waterkeeper Decision’’ 
(73 Fed. Reg. 70418 (November 20, 
2008)). 
(iii) The final rule entitled ‘‘With-
drawal of Revisions to the Water Quality 
Planning and Management Regulation and 
Revisions to the National Pollutant Dis-
charge Elimination System Program in 
Support of Revisions to the Water Quality 
Planning and Management Regulation’’ 
(68 Fed. Reg. 13608 (March 19, 2003)). 
(iv) The guidance document of the 
Environmental Protection Agency and the 
Corps of Engineers entitled ‘‘Clean Water 
Act Jurisdiction Following the U.S. Su-
preme Court’s Decision in Rapanos v. 
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United States & Carabell v. United States’’ 
(December 2, 2008). 
(B) FORESTS AND LAND MANAGEMENT.— 
(i) The Healthy Forests Restoration 
Act of 2003 (16 U.S.C. 6501 et seq.). 
(ii) The application of section 553(e) 
of title 5, United States Code, such that a 
State may petition for a special rule for 
the National Forest System inventoried 
roadless areas within the State. 
(iii) The final rule entitled ‘‘National 
Forest System Land Management Plan-
ning’’ (73 Fed. Reg. 21486 (April 21, 
2008)). 
(iv) The final rule entitled ‘‘Oil Shale 
Management—General’’ (73 Fed. Reg. 
69414 (November 18, 2008)). 
(v) The record of decision entitled 
‘‘Record of Decision for Oil Shale and Tar 
Sands Resources To Address Land Use Al-
locations in Colorado, Utah, and Wyo-
ming’’ (73 Fed. Reg. 72519 (November 
28, 2008)). 
(C) SCIENTIFIC REVIEW.—The final rule 
of the United States Fish and Wildlife Service 
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and the National Marine Fisheries Service enti-
tled ‘‘Interagency Cooperation Under the En-
dangered Species Act’’ (73 Fed. Reg. 76272 
(December 16, 2008)). 
(2) METHOD.—In conducting the study under 
paragraph (1), the National Academy of Sciences 
may use and compare existing scientific studies re-
garding the regulations, laws, and proposed laws de-
scribed in paragraph (1). 
(3) REPORT.—Not later than 270 days after 
the date on which the President enters into the ar-
rangement under paragraph (1), the National Acad-
emy 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 regu-
lation, law, or proposed law described in paragraph 
(1), a report that includes— 
(A) a description of the impact of each 
regulation, law, or proposed law described in 
paragraph (1) on public health, air quality, 
water quality, wildlife, and the environment, 
compared to the impact of preexisting regula-
tions, or laws in effect, as applicable, includ-
ing— 
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(2) MEMBERSHIP.— 
(A) FEDERAL COMPOSITION.—The Council 
shall be composed of at least one designee from 
each of the following Federal agencies: 
(i) The Office of Management and 
Budget. 
(ii) The Department of Agriculture. 
(iii) The Department of Education. 
(iv) The Indian Health Service. 
(v) The Department of Housing and 
Urban Development. 
(vi) The Department of Labor. 
(vii) The Department of Transpor-
tation. 
(viii) Any other Federal agency the 
Chair of the Council determines necessary. 
(B) DESIGNATION.— 
(i) IN GENERAL.—The head of each 
agency specified in subparagraph (A) shall 
designate at least one employee to serve as 
a member of the Council. 
(ii) RESPONSIBILITIES.—An employee 
described in this clause shall be a senior 
employee of the agency— 
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