S.Amdt. 326Senate111th Congress (2009-2011)2nd degree

To expedite reviews required to be carried out under the National Environment Policy Act of 1969.

Submitted February 4, 2009

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Senate amendment not agreed to: Amendment SA 326 not agreed to in Senate by Voice Vote.

February 5, 2009

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Senate amendment not agreed to: Amendment SA 326 not agreed to in Senate by Voice Vote.

February 5, 2009

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Considered by Senate. (consideration: CR S1617, S1665)

February 5, 2009

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Amendment SA 326 not agreed to in Senate by Voice Vote.

February 5, 2009

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Senate amendment submitted

February 4, 2009

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Senate amendment proposed (on the floor): Amendment SA 326 proposed by Senator Barrasso to Amendment SA 98.(consideration: CR S1531-1533, S1536; text: CR S1536)

February 4, 2009

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Amendment SA 326 proposed by Senator Barrasso to Amendment SA 98. (consideration: CR S1531-1533, S1536; text: CR S1536) To expedite reviews required to be carried out under the National Environment Policy Act of 1969.

February 4, 2009

Text

Submitted

SA 326. Mr. BARRASSO (for himself, Mr. Crapo, Mr. Roberts, Mr.
Vitter, Mr. Enzi, Mr. Risch, and Mr. Bennett) submitted an amendment
intended to be proposed to amendment SA 98 proposed by Mr. Inouye (for
himself and Mr. Baucus) to the bill H.R. 1, making supplemental
appropriations for job preservation and creation, infrastructure
investment, energy efficiency and science, assistance to the
unemployed, and State and local fiscal stabilization, for fiscal year
ending September 30, 2009, and for other purposes; which was ordered to
lie on the table; as follows:

On page 431, between lines 8 and 9, insert the following:
Sec. 16__. (a)(1) Notwithstanding any other provision of
law, all reviews carried out pursuant to the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.)
with respect to any actions taken under this Act or for which
funds are made available under this Act shall be completed by
the date that is 270 days after the date of enactment of this
Act.
(2) If a review described in paragraph (1) has not been
completed for an action subject to the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.) by the date
specified in paragraph (1)--
(A) the action shall be considered to have no significant
impact to the human environment for the purpose of that Act;
and
(B) that classification shall be considered to be a final
agency action.
(b) The lead agency for a review of an action carried out
pursuant to this section shall be the Federal agency to which
funds are made available for the action.
(c)(1) There shall be a single administrative appeal for
all reviews carried out pursuant to this section.
(2) Upon resolution of the administrative appeal, judicial
review of the final agency decision after exhaustion of
administrative remedies shall lie with the United States
Court of Appeals for the District of Columbia Circuit.
(3) An appeal to the court described in paragraph (2) shall
be based only on the administrative record.
(4) After an agency has made a final decision with respect
to a review carried out under this section, that decision
shall be effective during the course of any subsequent appeal
to a court described in paragraph (2).
(5) All civil actions arising under this section shall be
considered to arise under the laws of the United States.
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