Promoting Interagency Coordination for Review of Natural Gas Pipelines Act
This bill expands the authority of the Federal Energy Regulatory Commission (FERC) to act as the lead agency for the purpose of coordinating all applicable federal authorizations and environmental reviews under the National Environmental Policy Act of 1969 (NEPA) with respect to authorizing a natural gas pipeline project under the Natural Gas Act.
Federal, state, and local agencies involved in the environmental review process must defer to FERC's approved scope for a NEPA review.
FERC must
The bill establishes a 90 day deadline to complete an authorization application for other authorizing agencies and requires concurrent reviews when multiple agencies are involved in the authorization process.
If a federal or state agency considering an aspect of an application for authorization requires the person applying for such authorization to submit data, the agency must consider any such data gathered by aerial or other remote means that the person submits.
[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7401 Introduced in House (IH)]
<DOC>
116th CONGRESS
2d Session
H. R. 7401
To provide for Federal and State agency coordination in the approval of
certain authorizations under the Natural Gas Act, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 29, 2020
Mr. Flores introduced the following bill; which was referred to the
Committee on Energy and Commerce
_______________________________________________________________________
A BILL
To provide for Federal and State agency coordination in the approval of
certain authorizations under the Natural Gas Act, and for other
purposes.
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 ``Promoting Interagency Coordination
for Review of Natural Gas Pipelines Act''.
SEC. 2. EXPANDING ACCESS TO CLEAN ENERGY.
(a) Definitions.--In this section:
(1) Commission.--The term ``Commission'' means the Federal
Energy Regulatory Commission.
(2) Federal authorization.--The term ``Federal
authorization'' has the meaning given that term in section
15(a) of the Natural Gas Act (15 U.S.C. 717n(a)).
(3) NEPA review.--The term ``NEPA review'' means the
process of reviewing a proposed Federal action under section
102 of the National Environmental Policy Act of 1969 (42 U.S.C.
4332).
(4) Project-related nepa review.--The term ``project-
related NEPA review'' means any NEPA review required to be
conducted with respect to the issuance of an authorization
under section 3 of the Natural Gas Act or a certificate of
public convenience and necessity under section 7 of such Act.
(b) Commission NEPA Review Responsibilities.--In acting as the lead
agency under section 15(b)(1) of the Natural Gas Act for the purposes
of complying with the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.) with respect to an authorization under section 3
of the Natural Gas Act or a certificate of public convenience and
necessity under section 7 of such Act, the Commission shall, in
accordance with this section and other applicable Federal law--
(1) be the only lead agency;
(2) coordinate as early as practicable with each agency
designated as a participating agency under subsection (d)(3) to
ensure that the Commission develops information in conducting
its project-related NEPA review that is usable by the
participating agency in considering an aspect of an application
for a Federal authorization for which the agency is
responsible; and
(3) take such actions as are necessary and proper to
facilitate the expeditious resolution of its project-related
NEPA review.
(c) Deference to Commission.--In making a decision with respect to
a Federal authorization required with respect to an application for
authorization under section 3 of the Natural Gas Act or a certificate
of public convenience and necessity under section 7 of such Act, each
agency shall give deference, to the maximum extent authorized by law,
to the scope of the project-related NEPA review that the Commission
determines to be appropriate.
(d) Participating Agencies.--
(1) Identification.--The Commission shall identify, as
early as practicable after it is notified by a person applying
for an authorization under section 3 of the Natural Gas Act or
a certificate of public convenience and necessity under section
7 of such Act, any Federal or State agency, local government,
or Indian Tribe that may issue a Federal authorization or is
required by Federal law to consult with the Commission in
conjunction with the issuance of a Federal authorization
required for such authorization or certificate.
(2) Invitation.--
(A) In general.--The Commission shall invite any
agency identified under paragraph (1) to participate in
the review process for the applicable Federal
authorization.
(B) Deadline.--An invitation issued under
subparagraph (A) shall establish a deadline by which a
response to the invitation shall be submitted to the
Commission, which may be extended by the Commission for
good cause.
(3) Designation as participating agencies.--The Commission
shall designate an agency identified under paragraph (1) as a
participating agency with respect to an application for
authorization under section 3 of the Natural Gas Act or a
certificate of public convenience and necessity under section 7
of such Act unless the agency informs the Commission, in
writing, by the deadline established pursuant to paragraph
(2)(B), that the agency--
(A) has no jurisdiction or authority with respect
to the applicable Federal authorization;
(B) has no special expertise or information
relevant to any project-related NEPA review; or
(C) does not intend to submit comments for the
record for the project-related NEPA review conducted by
the Commission.
(4) Effect of non-designation.--
(A) Effect on agency.--Any agency that is not
designated as a participating agency under paragraph
(3) with respect to an application for an authorization
under section 3 of the Natural Gas Act or a certificate
of public convenience and necessity under section 7 of
such Act may not request or conduct a NEPA review that
is supplemental to the project-related NEPA review
conducted by the Commission, unless the agency--
(i) demonstrates that such review is
legally necessary for the agency to carry out
responsibilities in considering an aspect of an
application for a Federal authorization; and
(ii) requires information that could not
have been obtained during the project-related
NEPA review conducted by the Commission.
(B) Comments; record.--The Commission shall not,
with respect to an agency that is not designated as a
participating agency under paragraph (3) with respect
to an application for an authorization under section 3
of the Natural Gas Act or a certificate of public
convenience and necessity under section 7 of such Act--
(i) consider any comments or other
information submitted by such agency for the
project-related NEPA review conducted by the
Commission; or
(ii) include any such comments or other
information in the record for such project-
related NEPA review.
(e) Schedule.--
(1) Deadline for federal authorizations.--A deadline for a
Federal authorization required with respect to an application
for authorization under section 3 of the Natural Gas Act or a
certificate of public convenience and necessity under section 7
of such Act set by the Commission under section 15(c)(1) of
such Act shall be not later than 90 days after the Commission
completes its project-related NEPA review, unless an applicable
schedule is otherwise established by Federal law.
(2) Concurrent reviews.--Each Federal and State agency--
(A) that may consider an application for a Federal
authorization required with respect to an application
for authorization under section 3 of the Natural Gas
Act or a certificate of public convenience and
necessity under section 7 of such Act shall formulate
and implement a plan for administrative, policy, and
procedural mechanisms to enable the agency to ensure
completion of Federal authorizations in compliance with
schedules established by the Commission under section
15(c)(1) of such Act; and
(B) in considering an aspect of an application for
a Federal authorization required with respect to an
application for authorization under section 3 of the
Natural Gas Act or a certificate of public convenience
and necessity under section 7 of such Act, shall--
(i) formulate and implement a plan to
enable the agency to comply with the schedule
established by the Commission under section
15(c)(1) of such Act;
(ii) carry out the obligations of that
agency under applicable law concurrently, and
in conjunction with, the project-related NEPA
review conducted by the Commission, and in
compliance with the schedule established by the
Commission under section 15(c)(1) of such Act,
unless the agency notifies the Commission in
writing that doing so would impair the ability
of the agency to conduct needed analysis or
otherwise carry out such obligations;
(iii) transmit to the Commission a
statement--
(I) acknowledging receipt of the
schedule established by the Commission
under section 15(c)(1) of the Natural
Gas Act; and
(II) setting forth the plan
formulated under clause (i) of this
subparagraph;
(iv) not later than 30 days after the
agency receives such application for a Federal
authorization, transmit to the applicant a
notice--
(I) indicating whether such
application is ready for processing;
and
(II) if such application is not
ready for processing, that includes a
comprehensive description of the
information needed for the agency to
determine that the application is ready
for processing;
(v) determine that such application for a
Federal authorization is ready for processing
for purposes of clause (iv) if such application
is sufficiently complete for the purposes of
commencing consideration, regardless of whether
supplemental information is necessary to enable
the agency to complete the consideration
required by law with respect to such
application; and
(vi) not less often than once every 90
days, transmit to the Commission a report
describing the progress made in considering
such application for a Federal authorization.
(3) Failure to meet deadline.--If a Federal or State
agency, including the Commission, fails to meet a deadline for
a Federal authorization set forth in the schedule established
by the Commission under section 15(c)(1) of the Natural Gas
Act, not later than 5 days after such deadline, the head of the
relevant Federal agency (including, in the case of a failure by
a State agency, the Federal agency overseeing the delegated
authority) shall notify Congress and the Commission of such
failure and set forth a recommended implementation plan to
ensure completion of the action to which such deadline applied.
Not later than 5 days after such notification, the Commission
shall either accept the Federal agency's recommended
implementation plan, or if the Commission does not accept the
Federal agency's recommendation, establish a revised schedule
for completion of the action and notify the head of the
relevant Federal agency.
(f) Consideration of Applications for Federal Authorization.--
(1) Issue identification and resolution.--
(A) Identification.--Federal and State agencies
that may consider an aspect of an application for a
Federal authorization shall identify, as early as
possible, any issues of concern that may delay or
prevent an agency from working with the Commission to
resolve such issues and granting such authorization.
(B) Issue resolution.--The Commission may forward
any issue of concern identified under subparagraph (A)
to the heads of the relevant agencies (including, in
the case of an issue of concern that is a failure by a
State agency, the Federal agency overseeing the
delegated authority, if applicable) for resolution.
(2) Remote surveys.--If a Federal or State agency
considering an aspect of an application for a Federal
authorization requires the person applying for such
authorization to submit data, the agency shall consider any
such data gathered by aerial or other remote means that the
person submits. Such aerial or remote survey data shall be
considered where property access is not permitted or available
and therefore onsite inspection is not possible at the time of
the application review. The agency may grant a conditional
approval for the Federal authorization based in part on data
gathered by aerial or remote means, and if appropriate and
necessary for compliance with the agency's mandate, conditioned
on the verification of such data by subsequent onsite
inspection.
(3) Application processing.--The Commission, and Federal
and State agencies, may allow a person applying for a Federal
authorization to fund a third-party contractor to assist in
reviewing the application for such authorization.
(g) Accountability, Transparency, Efficiency.--For an application
for an authorization under section 3 of the Natural Gas Act or a
certificate of public convenience and necessity under section 7 of such
Act that requires multiple Federal authorizations, the Commission, with
input from any Federal or State agency considering an aspect of the
application, shall track and make available to the public on the
Commission's website information related to the actions required to
complete the Federal authorizations. Such information shall include the
following:
(1) The schedule established by the Commission under
section 15(c)(1) of the Natural Gas Act.
(2) A list of all the actions required by each applicable
agency to complete permitting, reviews, and other actions
necessary to obtain a final decision on the application.
(3) The expected completion date for each such action.
(4) A point of contact at the agency responsible for each
such action.
(5) In the event that an action is still pending as of the
expected date of completion, a brief explanation of the reasons
for the delay.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Energy and Commerce.
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