H. R. 2426
IN THE HOUSE OF REPRESENTATIVES
July 6, 2011
Mr. Long introduced the following bill; which was referred to the Committee on Transportation and Infrastructure
To amend title 23, United States Code, to limit claims in connection with decisions to issue permits, licenses, and approvals for highway and public transportation capital projects, and for other purposes.
Issuance of permits, licenses, and approvals for highway and public transportation capital projects
Section 139(l) of title 23, United States Code, is amended to read as follows:
Limitations on claims
Notwithstanding any other provision of law, a decision of a Federal agency to issue a permit, license, or approval for a highway or public transportation capital project shall be final and shall not be subject to judicial review. Nothing in this paragraph shall place any limit on filing a claim that a person has violated the terms of a permit, license, or approval.
The Secretary shall consider new information received after the close of a comment period if the information satisfies the requirements for a supplemental environmental impact statement under section 771.130 of title 23, Code of Federal Regulations. The preparation of a supplemental environmental impact statement when required shall be considered a separate final agency action. Notwithstanding any other provision of law, such an agency action shall be final and shall not be subject to judicial review.