S.Amdt. 1111

SA 1111. Mr. LEE submitted an amendment intended to be proposed to
amendment SA 1092 submitted by Mrs. Murray (for herself and Ms.
Collins) and intended to be proposed to the bill H.R. 4366, making
appropriations for military construction, the Department of Veterans
Affairs, and related agencies for the fiscal year ending September 30,
2024, and for other purposes; which was ordered to lie on the table; as
follows:

On page 291, after line 22, add the following:

SEC. 155. EXPEDITING COMPLETION OF THE UINTA BASIN RAILWAY.

(a) Defined Term.--In this section, the term ``Uinta Basin
Railway'' means the Uinta Basin Railway project, as generally
described and approved in the Surface Transportation Board
Decision Docket No. FD 36284 (December 15, 2021).
(b) Congressional Findings and Declaration.--Congress finds
and declares that--
(1) the timely completion of construction and commencement
of the operation of the Uinta Basin Railway is required in
the national interest;
(2) the Uinta Basin Railway will serve as a common carrier
railway infrastructure asset located within the borders of
the state of Utah;
(3) the Uinta Basin Railway will provide needed
infrastructure to solve the long-standing freight
transportation challenges in the region by connecting
northeastern Utah to the existing national railway network;
(4) this common carrier railway will move goods in a safe
and cost-effective way to support the economic stability,
sustainable communities, and enriched quality of life in the
region by providing rail service that is equally open to all
freight shippers of a broad range of goods, including oil,
gas, minerals, manufactured goods, and agricultural products;
(5) this critical piece of infrastructure is an important
economic development project that will create jobs and
provide a higher quality of life to the local communities,
including the Ute Indian Tribe of the Uintah and Ouray
Reservation.
(c) Approval and Ratification and Maintenance of Existing
Authorizations.--Notwithstanding any other provision of law--
(1) Congress ratifies and approves all authorizations,
permits, verifications, extensions, biological opinions,
incidental take statements, and any other approvals or orders
issued pursuant to Federal law necessary for the construction
and initial operation at full capacity of the Uinta Basin
Railway; and
(2) Congress directs the Surface Transportation Board, the
Secretary of the Army, the Secretary of Agriculture, the
Secretary of the Interior, and the heads of other Federal
agencies, as applicable, to maintain such authorizations,
permits, verifications, extensions, biological opinions,
incidental take statements, and any other approvals or orders
issued pursuant to Federal law necessary for the construction
and initial operation at full capacity of the Uinta Basin
Railway.
(d) Expedited Approval.--Notwithstanding any other
provision of law, not later than 21 days after the date of
the enactment of this Act, the Surface Transportation Board,
for the purpose of facilitating the completion of the Uinta
Basin Railway, shall issue all permits or verifications that
are necessary--
(1) to complete the construction of the Uinta Basin Railway
across the lands and waters of the State of Utah; and
(2) to allow for the continuing operation and maintenance
of the Uinta Basin Railway.
(e) Judicial Review.--
(1) Limitation.--Notwithstanding any other provision of
law, no court shall have jurisdiction to review any action
taken by the Surface Transportation Board, the Secretary of
the Army, the Secretary of Agriculture, the Secretary of the
Interior, or a State administrative agency acting pursuant to
Federal law that grants an authorization, permit,
verification, biological opinion, incidental take statement,
or any other approval necessary for the construction and
initial operation at full capacity of the Uinta Basin
Railway, including the issuance of any authorization, permit,
extension, verification, biological opinion, incidental take
statement, or other approval described in subsection (c) or
(d) for the Uinta Basin Railway whether issued before, on, or
subsequent to the date of the enactment of this section,
including any lawsuit pending in any court as of the date of
enactment of this section.
(2) Exclusive jurisdiction.--The Supreme Court of the
United States shall have exclusive jurisdiction over any
claim alleging--
(A) the invalidity of this section; or
(B) an action taken by a Federal or State official is
beyond the scope of authority conferred by this section.
(f) Effect.--This section supersedes any other provision of
law (including any other section of this Act, any Federal law
enacted before the date of the enactment of this Act, and any
regulation, judicial decision, or agency guidance) that is
inconsistent with the issuance of any authorization, permit,
verification, biological opinion, incidental take statement,
or other approval for the Uinta Basin Railway.
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