[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 1210 Introduced in Senate (IS)]

114th CONGRESS
  1st Session
                                S. 1210

 To provide for the timely consideration of all licenses, permits, and 
   approvals required under Federal law with respect to oil and gas 
                      production and distribution.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 6, 2015

Mrs. Capito (for herself, Mr. Cassidy, and Ms. Heitkamp) introduced the 
 following bill; which was read twice and referred to the Committee on 
                      Energy and Natural Resources

_______________________________________________________________________

                                 A BILL


 
 To provide for the timely consideration of all licenses, permits, and 
   approvals required under Federal law with respect to oil and gas 
                      production and distribution.

    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 ``Oil and Gas Production and 
Distribution Reform Act of 2015''.

SEC. 2. FERC PROCESS COORDINATION WITH RESPECT TO REGULATORY APPROVAL 
              OF OIL AND GAS PROJECTS.

    (a) Definitions.--In this section:
            (1) Agency.--The term ``agency'' means a Federal or State 
        agency or unit of local government identified under subsection 
        (b).
            (2) Commission.--The term ``Commission'' means the Federal 
        Energy Regulatory Commission.
            (3) Federal authorization.--
                    (A) In general.--The term ``Federal authorization'' 
                means any authorization required under Federal law with 
                respect to an application for authorization or a 
                certificate of public convenience and necessity 
                relating to oil and gas production and distribution.
                    (B) Inclusions.--The term ``Federal authorization'' 
                includes any permits, special use authorizations, 
                certifications, opinions, or other approvals as may be 
                required under Federal law with respect to an 
                application for authorization or a certificate of 
                public convenience and necessity relating to oil and 
                gas production and distribution.
    (b) Identification.--As soon as practicable after an application 
for Federal authorization is submitted, the Commission shall identify 
each Federal or State agency or unit of local government that may 
consider an aspect of that application.
    (c) Invitation.--
            (1) In general.--The Commission shall invite each agency 
        identified under subsection (b) to cooperate or participate in 
        the review process for the application.
            (2) Deadline.--An invitation issued under paragraph (1) 
        shall establish a deadline by which a response to the 
        invitation shall be submitted, which may be extended by the 
        Commission for good cause.
    (d) Deadline for Federal Authorization.--Each agency delegated the 
authority to review an aspect of the application under subsection 
(c)(1) shall make a final decision on the aspect of the Federal 
authorization under consideration by that agency by not later than 90 
days after the date on which the Commission issues the final 
environmental document of the Commission, unless a different schedule 
is otherwise established by Federal law.
    (e) Deference to Commission.--In making a decision with respect to 
a Federal authorization, each agency shall give deference, to the 
maximum extent authorized by law, to the scope of environmental review 
that the Commission determines to be appropriate.
    (f) Concurrent Reviews.--Each agency considering an aspect of an 
application for Federal authorization shall--
            (1) carry out the obligations of that agency under 
        applicable law concurrently and in conjunction with the review 
        required by the National Environmental Policy Act of 1969 (42 
        U.S.C. 4321 et seq.), unless doing so would impair the ability 
        of the agency to conduct needed analysis or otherwise carry out 
        those obligations;
            (2) formulate and implement administrative, policy, and 
        procedural mechanisms to enable the agency to complete the 
        required Federal authorizations by the deadline described in 
        subsection (d); and
            (3) transmit to the Commission a statement--
                    (A) acknowledging notice of the deadline under 
                subsection (d); and
                    (B) describing the plan formulated under paragraph 
                (2).
    (g) Issue Identification and Resolution.--
            (1) Identification.--Each agency considering an aspect of 
        an application for Federal authorization shall identify, as 
        soon as practicable, any issues of concern that may delay or 
        prevent the agency from granting the authorization.
            (2) Issue resolution meeting.--
                    (A) In general.--On request of an agency or 
                applicant, the Commission shall convene a meeting with 
                the relevant agencies and the applicant to resolve any 
                issues that may--
                            (i) delay completion of the environmental 
                        review document; or
                            (ii) result in the denial of any Federal 
                        authorization.
                    (B) Meeting date.--A meeting requested under 
                subparagraph (A) shall be held not later than 21 days 
                after the date on which the Commission receives the 
                request for the meeting, unless the Commission 
                determines that there is good cause to extend the 
                deadline.
                    (C) Notification.--On receipt of a request for a 
                meeting under subparagraph (A), the Commission shall 
                notify all relevant agencies of--
                            (i) the request for the meeting;
                            (ii) the nature of the issue to be 
                        resolved; and
                            (iii) the date for the meeting.
            (3) Elevation of issue resolution.--
                    (A) In general.--If the issue is not resolved 
                within 30 days after a meeting under this paragraph, 
                the Commission shall forward for resolution the dispute 
                to the heads of the relevant agencies.
                    (B) Inclusion.--In the case of a failure to achieve 
                resolution by a State agency or unit of local 
                government, the Commission shall forward for resolution 
                the dispute to the head of the Federal agency 
                overseeing the delegated authority.
    (h) Failure To Meet Deadline.--If an agency does not complete a 
proceeding for an approval that is required for a Federal authorization 
by the deadline described in subsection (d), the head of the relevant 
Federal agency (including, in the case of a failure by the State agency 
or unit of local government, the Federal agency overseeing the 
delegated authority) shall--
            (1) notify Congress and the Commission of the failure; and
            (2) describe in that notification an implementation plan to 
        ensure completion.
    (i) Application Processing.--The Commission may allow an applicant 
seeking Federal authorization to fund a third-party contractor or 
Commission staff to assist the Commission in reviewing the application.
    (j) Accountability; Transparency; Efficiency.--
            (1) In general.--For applications requiring multiple 
        Federal authorizations, the Commission, in consultation with 
        any agency considering an aspect of the application, shall 
        track and make available to the public on the website of the 
        Commission information relating to the actions required to 
        complete permitting, reviews, and other requirements.
            (2) Inclusions.--Information tracked under paragraph (1) 
        shall include the following:
                    (A) The deadline described in subsection (d).
                    (B) A list of all the actions required by each 
                applicable agency to complete permitting, reviews, and 
                other requirements necessary to obtain a final decision 
                on the Federal authorization.
                    (C) The expected completion date for each action 
                listed under subparagraph (B).
                    (D) A point of contact at the agency accountable 
                for each action listed under subparagraph (B).
                    (E) In the event that an action is still pending as 
                of the expected date of completion, a brief explanation 
                of the reason for the delay.
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