S.Amdt. 1527Senate112th Congress (2011-2013)

S.Amdt. 1527

What it does: Adds SEC. __. JURISDICTION OVER COVERED ENERGY PROJECTS wherever appropriate
Sponsored by Rand PaulSen. Rand Paul (R-KY)
Submitted February 9, 2012

What it changes

1 change to S. 1813

Adds a section
  1. Adds SEC. __. JURISDICTION OVER COVERED ENERGY PROJECTS wherever appropriate

    Adds a section

    Inserted: SEC. __. JURISDICTION OVER COVERED ENERGY PROJECTS.

    Inserted: (a) Definition of Covered Energy Project.--In this section, the term "covered energy project" means any action or decision by a Federal official regarding--

    Inserted: (1) the leasing of Federal land (including submerged land) for the exploration, development, production, processing, or transmission of oil, natural gas, or any other source or form of energy, including actions and decisions regarding the selection or offering of Federal land for such leasing; or

    Inserted: (2) any action under such a lease, except that this section and Act shall not apply to a dispute between the parties to a lease entered into a provision of law authorizing the lease regarding obligations under the lease or the alleged breach of the lease.

    Inserted: (b) Exclusive Jurisdiction Over Causes and Claims Relating to Covered Energy Projects.--Notwithstanding any other provision of law, the United States District Court for the District of Columbia shall have exclusive jurisdiction to hear all causes and claims under this section or any other Act that arise from any covered energy project.

    Inserted: (c) Time for Filing Complaint.--

    Inserted: (1) In general.--Each case or claim described in subsection (b) shall be filed not later 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.

    Inserted: (2) Prohibition.--Any cause or claim described in subsection (b) that is not filed within the time period described in paragraph (1) shall be barred.

    Inserted: (d) District Court for the District of Columbia Deadline.--

    Inserted: (1) In general.--Each proceeding that is subject to subsection (b) shall--

    Inserted: (A) be resolved as expeditiously as practicable and in any event not more than 180 days after the cause or claim is filed; and

    Inserted: (B) take precedence over all other pending matters before the district court.

    Show 3 more inserted paragraphs

    Inserted: (2) Failure to comply with deadline.--If an interlocutory or final judgment, decree, or order has not been issued by the district court by the deadline required under this section, the cause or claim shall be dismissed with prejudice and all rights relating to the cause or claim shall be terminated.

    Inserted: (e) Ability To Seek Appellate Review.--An interlocutory or final judgment, decree, or order of the district court under this section may be reviewed by no other court except the Supreme Court.

    Inserted: (f) Deadline for Appeal to the Supreme Court.--If a writ of certiorari has been granted by the Supreme Court pursuant to subsection (e), the interlocutory or final judgment, decree, or order of the district court shall be resolved as expeditiously as practicable and in any event not more than 180 days after the interlocutory or final judgment, decree, order of the district court is issued.

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    Original wording

    At the appropriate place, insert the following:

Read automatically from the Congressional Record. Check the original before relying on it.

As printed

SA 1527. Mr. PAUL submitted an amendment intended to be proposed by him to the bill S. 1813, to reauthorize Federal-aid highway and highway safety construction programs, and for other purposes; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. __. JURISDICTION OVER COVERED ENERGY PROJECTS.

(a) Definition of Covered Energy Project.--In this section, the term “covered energy project” means any action or decision by a Federal official regarding--

(1) the leasing of Federal land (including submerged land) for the exploration, development, production, processing, or transmission of oil, natural gas, or any other source or form of energy, including actions and decisions regarding the selection or offering of Federal land for such leasing; or

(2) any action under such a lease, except that this section and Act shall not apply to a dispute between the parties to a lease entered into a provision of law authorizing the lease regarding obligations under the lease or the alleged breach of the lease.

(b) Exclusive Jurisdiction Over Causes and Claims Relating to Covered Energy Projects.--Notwithstanding any other provision of law, the United States District Court for the District of Columbia shall have exclusive jurisdiction to hear all causes and claims under this section or any other Act that arise from any covered energy project.

(c) Time for Filing Complaint.--

(1) In general.--Each case or claim described in subsection (b) shall be filed not later 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.

(2) Prohibition.--Any cause or claim described in subsection (b) that is not filed within the time period described in paragraph (1) shall be barred.

(d) District Court for the District of Columbia Deadline.--

(1) In general.--Each proceeding that is subject to subsection (b) shall--

(A) be resolved as expeditiously as practicable and in any event not more than 180 days after the cause or claim is filed; and

(B) take precedence over all other pending matters before the district court.

(2) Failure to comply with deadline.--If an interlocutory or final judgment, decree, or order has not been issued by the district court by the deadline required under this section, the cause or claim shall be dismissed with prejudice and all rights relating to the cause or claim shall be terminated.

(e) Ability To Seek Appellate Review.--An interlocutory or final judgment, decree, or order of the district court under this section may be reviewed by no other court except the Supreme Court.

(f) Deadline for Appeal to the Supreme Court.--If a writ of certiorari has been granted by the Supreme Court pursuant to subsection (e), the interlocutory or final judgment, decree, or order of the district court shall be resolved as expeditiously as practicable and in any event not more than 180 days after the interlocutory or final judgment, decree, order of the district court is issued.

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Senate amendment submitted

February 9, 2012