I 
111TH CONGRESS 
1ST SESSION 
H. R. 996 
To temporarily exempt certain public and private development projects from 
any requirement for a review, statement, or analysis under the National 
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), and for 
other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
FEBRUARY 11, 2009 
Mr. NUNES (for himself and Mr. MCCARTHY of California) introduced the fol-
lowing bill; which was referred 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 con-
cerned 
A BILL 
To temporarily exempt certain public and private develop-
ment projects from any requirement for a review, state-
ment, or analysis under the National Environmental Pol-
icy Act of 1969 (42 U.S.C. 4321 et seq.), and for other 
purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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SECTION 
1. 
PUBLIC, 
PRIVATE, 
AND 
AGRICULTURAL 
PROJECTS AND ACTIVITIES. 
(a) EXEMPTION FROM REVIEW.—During the 3-year 
period beginning on the date of enactment of this Act, no 
public or private development project that is to be carried 
out during that period (other than such a project for 
which a permit is required under section 404 of the Fed-
eral Water Pollution Control Act (33 U.S.C. 1344) or that 
is to be carried out on wetland (as that term is defined 
in section 1201 of the Food Security Act of 1985 (16 
U.S.C. 3801)) shall be subject to any requirement for a 
review, statement, or analysis under the National Environ-
mental Policy Act of 1969 (42 U.S.C. 4321 et seq.). 
(b) EMERGENCIES.—Section 10 of the Endangered 
Species Act of 1973 (16 U.S.C. 1539) is amended by add-
ing at the end the following: 
‘‘(k) EMERGENCIES.—On the declaration of an emer-
gency by the Governor of a State, the Secretary shall, for 
the duration of the emergency, temporarily exempt from 
the prohibition against taking, and the prohibition against 
the adverse modification of critical habitat, under this Act 
any action that is reasonably necessary to avoid or amelio-
rate the impact of the emergency, including the operation 
of any water supply or flood control project by a Federal 
agency.’’. 
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(c) 
JURISDICTION
OVER
COVERED
ENERGY 
PROJECTS.— 
(1) 
DEFINITION
OF
COVERED
ENERGY 
PROJECT.—In this subsection, the term ‘‘covered en-
ergy project’’ means any action or decision by a 
Federal official regarding— 
(A) the leasing of Federal land (including 
submerged land) for the exploration, develop-
ment, production, processing, or transmission of 
oil, natural gas, or any other source or form of 
energy, including actions and decisions regard-
ing the selection or offering of Federal land for 
such leasing; or 
(B) any action under such a lease. 
(2) EXCLUSIVE
JURISDICTION
OVER
CAUSES 
AND
CLAIMS
RELATING
TO
COVERED
ENERGY 
PROJECTS.—Notwithstanding any other provision of 
law, the United States District Court for the Dis-
trict of Columbia shall have exclusive jurisdiction to 
hear all causes and claims under this subsection or 
any other Act that arise from any covered energy 
project. 
(3) TIME FOR FILING COMPLAINT.— 
(A) IN GENERAL.—Each case or claim de-
scribed in paragraph (2) shall be filed not later 
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than the end of the 60-day period beginning on 
the date of the action or decision by a Federal 
official that constitutes the covered energy 
project concerned. 
(B) PROHIBITION.—Any cause or claim 
described in paragraph (2) that is not filed 
within the time period described in subpara-
graph (A) shall be barred. 
(4) DISTRICT COURT FOR THE DISTRICT OF CO-
LUMBIA DEADLINE.— 
(A) IN GENERAL.—Each proceeding that is 
subject to paragraph (2)— 
(i) shall be resolved as expeditiously 
as practicable and in any event not more 
than 180 days after the cause or claim is 
filed; and 
(ii) shall take precedence over all 
other pending matters before the district 
court. 
(B) FAILURE
TO
COMPLY
WITH
DEAD-
LINE.—If an interlocutory or final judgment, 
decree, or order has not been issued by the dis-
trict court by the deadline required under this 
subsection, the cause or claim shall be dis-
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missed with prejudice and all rights relating to 
the cause or claim shall be terminated. 
(5) ABILITY TO SEEK APPELLATE REVIEW.—An 
interlocutory or final judgment, decree, or order of 
the district court under this subsection may be re-
viewed by no other court except the Supreme Court. 
(6) DEADLINE FOR APPEAL TO THE SUPREME 
COURT.—If a writ of certiorari has been granted by 
the Supreme Court pursuant to paragraph (5)— 
(A) the interlocutory or final judgment, de-
cree, or order of the district court shall be re-
solved as expeditiously as practicable and in any 
event not more than 180 days after the inter-
locutory or final judgment, decree, order of the 
district court is issued; and 
(B) all such proceedings shall take prece-
dence over all other matters then before the Su-
preme Court. 
Æ 
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