To expedite reviews required to be carried out under the National Environment Policy Act of 1969.
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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
Considered by Senate. (consideration: CR S1617, S1665)
February 5, 2009
Amendment SA 326 not agreed to in Senate by Voice Vote.
February 5, 2009
Senate amendment submitted
February 4, 2009
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
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. ______