| HR 67 IH
108th CONGRESS
1st Session
H. R. 67
To provide temporary
legal exemptions for certain land management activities of the Federal
land management agencies undertaken in federally declared disaster areas.
IN THE HOUSE OF REPRESENTATIVES
January 7, 2003
Mr. FLAKE (for himself and Mr.
HAYWORTH) introduced the following bill; which was referred to the Committee
on Resources, and in addition to the Committee on Agriculture, for a period
to be subsequently determined by the Speaker, in each case for consideration
of such provisions as fall within the jurisdiction of the committee concerned
A BILL
To provide temporary
legal exemptions for certain land management activities of the Federal
land management agencies undertaken in federally declared disaster areas.
Be it enacted by the
Senate and House of Representatives of the United States of America in
Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as
the `Federally Declared Disaster Area Exemption Act of 2003'.
SEC. 2. TEMPORARY EXEMPTION
FROM CERTAIN LAWS FOR LAND MANAGEMENT ACTIVITIES UNDERTAKEN IN FEDERALLY
DECLARED DISASTER AREAS.
(a) DEFINITIONS- In this
section:
(1) FEDERAL LAND MANAGEMENT
AGENCY- The term `Federal land management agency' means the National Park
Service, United States Forest Service, United States Fish and Wildlife
Service, and the Bureau of Land Management.
(2) FEDERALLY DECLARED DISASTER
AREA- The term `federally declared disaster area' means an area covered
by a Presidential declaration of major disaster issued under section 401
of the Robert T. Stafford Disaster Relief and Emergency Assistance Act
(42 U.S.C. 5170).
(b) EXEMPTION- Due to the
extraordinary circumstances present in a federally declared disaster area,
land management activities of the Federal land management agencies undertaken
in the federally declared disaster area in response to the conditions that
necessitated the Presidential declaration shall proceed immediately and
to completion notwithstanding any other provision of law including, but
not limited to, the National Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.) and the National Forest Management Act (16 U.S.C. 1601 et
seq.). In addition, such activities shall not be subject to the notice,
comment, and appeal requirements of section 322 of Public Law 102-381 (commonly
known as the Appeals Reform Act; 16 U.S.C. 1612 note) or to judicial review
by any court of the United States.
(c) DURATION- Subsection
(b) shall apply to a federally declared disaster area during the two-year
period beginning on the date of the Presidential declaration and to any
land management activity described in such subsection commenced in the
area during such period.
END
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