[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 4864 Introduced in Senate (IS)]
<DOC>
117th CONGRESS
2d Session
S. 4864
To amend the Natural Gas Act to bolster fairness and transparency in
the consideration of interstate natural gas pipeline permits, to
provide for greater public input opportunities in the natural gas
pipeline permitting process, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
September 15, 2022
Mr. Kaine (for himself and Mr. Warner) introduced the following bill;
which was read twice and referred to the Committee on Commerce,
Science, and Transportation
_______________________________________________________________________
A BILL
To amend the Natural Gas Act to bolster fairness and transparency in
the consideration of interstate natural gas pipeline permits, to
provide for greater public input opportunities in the natural gas
pipeline permitting process, 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 ``Pipeline Fairness, Transparency, and
Responsible Development Act of 2022''.
SEC. 2. NOTICE TO AFFECTED LANDOWNERS.
(a) Initial Notice.--Section 7(d) of the Natural Gas Act (15 U.S.C.
717f(d)) is amended--
(1) by striking the subsection designation and all that
follows through ``Application for certificates'' and inserting
the following:
``(d) Application for Certificate of Public Convenience and
Necessity.--
``(1) In general.--Subject to paragraph (2), an application
for a certificate''; and
(2) by adding at the end the following:
``(2) Requirements.--
``(A) Application.--An application for a
certificate of public convenience and necessity under
paragraph (1) shall include--
``(i) the name and address of each
interested party on whom the Commission or the
applicant is required to serve notice of the
application under that paragraph; and
``(ii) a copy of the notice proposed to be
served on each interested party under that
paragraph.
``(B) Notice.--
``(i) In general.--A notice served on an
interested party under paragraph (1) shall
include the following:
``(I) A description of the
proceeding before the Commission
relating to the application for a
certificate of public convenience and
necessity, which shall include the
following statement:
```If the applicant ([name of
applicant]) wants to build the pipeline
on property that you own, and the
Commission issues the requested
certificate of public convenience and
necessity, then the applicant will have
the right, subject to paying just
compensation, to take your property for
its project.'.
``(II) Complete instructions on how
the interested party can move to
intervene in the proceeding described
in the notice, including instructions
on how to intervene--
``(aa) electronically; and
``(bb) through a paper
filing.
``(III) A clear statement of the
contents required to be included in a
motion to intervene in the proceeding
described in the notice.
``(IV) The deadline for the
interested party to move to intervene
in the proceeding described in the
notice.
``(V) A section, separated from the
remaining text of the notice and
clearly displayed in bold print,
informing the interested party that--
``(aa) in order to preserve
the right to seek judicial
review of a decision by the
Commission relating to the
certificate of public
convenience and necessity, the
interested party must intervene
in the proceeding described in
the notice; and
``(bb) intervention in the
proceeding described in the
notice is the only way to
preserve the right to judicial
review described in item (aa).
``(ii) Review.--The Commission shall--
``(I) review each notice submitted
to the Commission under subparagraph
(A)(ii) to determine whether the notice
meets the requirements described in
clause (i); and
``(II) approve the notice only if
the notice meets--
``(aa) those requirements;
and
``(bb) any other
requirements that the
Commission determines to be
necessary to provide adequate
notice.
``(iii) Service.--
``(I) In general.--An applicant may
not serve notice on an interested party
under paragraph (1) unless the notice
has been approved by the Commission
under clause (ii).
``(II) Deadline.--A notice under
paragraph (1) shall be served on an
interested party not later than 90 days
before the last day on which the
interested party may intervene in the
proceeding described in the notice.
``(C) Public availability of information relating
to interested parties.--On request of any person, the
Commission shall disclose the names and addresses
submitted to the Commission under subparagraph (A)(i),
subject to such reasonable terms and conditions as the
Commission determines to be appropriate.''.
(b) Subsequent Notice.--Section 7(e) of the Natural Gas Act (15
U.S.C. 717f(e)) is amended--
(1) by striking the subsection designation and all that
follows through ``of this section,'' in the first sentence and
inserting the following:
``(e) Issuance of Certificate.--
``(1) In general.--Except in the cases governed by the
provisos in subparagraphs (A) and (B) of subsection (c)(1), and
subject to paragraphs (2) through (4),'';
(2) in paragraph (1) (as so designated), by striking
``necessity; otherwise'' in the first sentence and all that
follows through ``The Commission'' in the second sentence and
inserting the following: ``necessity.
``(2) Requirement.--The Commission shall deny any
application for which the Commission has not made the findings
described in paragraph (1).
``(3) Terms and conditions.--The Commission''; and
(3) by adding at the end the following:
``(4) Notice of issuance.--
``(A) In general.--On issuance of a certificate of
public convenience and necessity by the Commission, the
applicant requesting the certificate shall provide to
each interested party on whom the applicant served
notice of the application under subsection (d) a notice
of the issuance of the certificate.
``(B) Requirements.--Each notice under subparagraph
(A) shall include--
``(i) complete instructions on how the
recipient of the notice may apply for a
rehearing before the Commission;
``(ii) a clear statement of the contents
required to be included in an application for a
rehearing before the Commission;
``(iii) the deadline for the recipient to
file that application;
``(iv) the time period for seeking judicial
review of a decision of the Commission on an
application for rehearing;
``(v) a statement in bold print informing
the recipient that judicial review will not be
available with respect to a decision of the
Commission on any issue for which the recipient
has not sought rehearing before the Commission;
and
``(vi) a clear reference to--
``(I) subsections (a) and (b) of
section 19; and
``(II) any rules issued under those
subsections relating to the time or
manner of seeking--
``(aa) a rehearing before
the Commission; or
``(bb) judicial review of a
decision of the Commission
under this section, including
any decision on a rehearing.
``(C) Effect of notice.--No court shall have
jurisdiction over any action to exercise the right of
eminent domain under subsection (h) with respect to any
property covered by the applicable certificate of
public convenience and necessity issued under this
subsection unless the holder of the certificate has
provided notice under this paragraph to each interested
party described in subparagraph (A).''.
SEC. 3. CONDITIONED CERTIFICATES.
Section 7(e) of the Natural Gas Act (15 U.S.C. 717f(e)) (as amended
by section 2(b)) is amended by adding at the end the following:
``(5) Restrictions.--
``(A) Eminent domain.--
``(i) Commencement of action.--A holder of
a certificate of public convenience and
necessity may not commence an action under
subsection (h) until the earlier of--
``(I) the earliest date on which
all timely applications for rehearing
under section 19(a) have received a
ruling on the merits by the Commission
under that section; and
``(II) the date that is 90 days
after the latest date on which a timely
application for rehearing under section
19(a) has been deemed denied under
paragraph (3)(B)(i) of that section.
``(ii) Jurisdiction over eminent domain
actions.--No court shall have jurisdiction over
any action to exercise the right of eminent
domain under subsection (h) with respect to any
property covered by the applicable certificate
of public convenience and necessity if the
holder of that certificate has not received all
certifications, authorizations, approvals,
permits, or other permissions required under
Federal law--
``(I) to begin construction; and
``(II) to complete the entire
project for which the certificate was
issued.
``(B) Construction.--
``(i) In general.--Except as provided in
clause (ii), the holder of a certificate of
public convenience and necessity may not begin
construction, preconstruction, or land-
disturbing activities under that certificate
until the later of--
``(I) the earliest date on which
the holder has received all required
certifications, authorizations,
approvals, permits, or other
permissions described in subparagraph
(A)(ii); and
``(II) the earliest date on which
all timely applications for rehearing
under section 19(a) have either--
``(aa) received a ruling on
the merits by the Commission
under that section; or
``(bb) been deemed denied
under paragraph (3)(B)(i) of
that section.
``(ii) Exception.--Clause (i) shall not
apply to activities described in that clause
that are carried out--
``(I) on land that is owned by the
holder of the certificate of public
convenience and necessity; or
``(II) in an existing utility
right-of-way.''.
SEC. 4. EMINENT DOMAIN.
(a) Statement of Policy.--With respect to the construction and
operation of natural gas pipelines, it is the policy of the United
States to protect the rights of citizens of the United States to their
private property, including by limiting the taking of private property
by the Federal Government and the use of eminent domain authority
granted under any Federal statute to situations in which the taking is
for public use, with just compensation, and required by the public
convenience and necessity, and not merely to advance the economic
interests of private parties that would be given ownership or use of
the property taken.
(b) Just Compensation.--Section 7(h) of the Natural Gas Act (15
U.S.C. 717f(h)) is amended--
(1) by striking the subsection designation and all that
follows through ``When any holder'' in the first sentence and
inserting the following:
``(h) Eminent Domain.--
``(1) In general.--When any holder'';
(2) in paragraph (1) (as so designated), in the second
sentence--
(A) by striking ``The practice'' and inserting the
following:
``(2) Practice and procedure.--
``(A) In general.--Subject to subparagraph (B), the
practice'';
(3) in paragraph (2)(A) (as so designated), by striking
``situated: Provided, That the'' and inserting the following
``situated.
``(B) Limitation.--The''; and
(4) by adding at the end the following:
``(3) Just compensation.--
``(A) Definition of lost conservation value.--In
this paragraph, the term `lost conservation value'
means--
``(i) the value of any use of land for
conservation purposes (as defined in section
1.170A-14(d) of title 26, Code of Federal
Regulations (or a successor regulation)) that
is interrupted or prevented by the exercise of
the right of eminent domain under paragraph
(1);
``(ii) any decrease in the value of land
due to the interruption or prevention of a use
described in clause (i); and
``(iii) any lost benefit or decrease in the
value of a benefit due to the interruption or
prevention of a use described in clause (i).
``(B) Land subject to a conservation easement.--In
determining the just compensation for property acquired
by the exercise of the right of eminent domain under
paragraph (1), in the case of land subject to a
conservation easement, the court with jurisdiction over
the proceeding shall consider the lost conservation
value of that land.''.
SEC. 5. APPRAISALS, OFFERS OF COMPENSATION, AND POSSESSION.
Section 7(h) of the Natural Gas Act (15 U.S.C. 717f(h)) (as amended
by section 4(b)) is amended by adding at the end the following:
``(4) Appraisals and offers of compensation.--
``(A) Appraisals.--
``(i) In general.--The holder of a
certificate of public convenience and necessity
shall have the property covered by the
certificate independently appraised in
accordance with generally accepted appraisal
standards.
``(ii) Requirement.--The owner of the
applicable property (or a designated
representative of the owner) shall be given the
opportunity to accompany the appraiser during
any inspection of the property that is part of
an appraisal under clause (i).
``(iii) Timing.--An appraisal under clause
(i) shall be carried out before the holder of
the certificate of public convenience and
necessity makes an offer of compensation to the
owner of the applicable property.
``(B) Offers of compensation.--Any offer of
compensation made to an owner of property that is
covered by a certificate of public convenience and
necessity--
``(i) shall be made in writing;
``(ii) may not be for an amount less than
the fair market value of the property, as
determined by an appraisal carried out under
subparagraph (A); and
``(iii) shall include damages to any
property of the owner that is adjacent to the
property covered by the certificate.
``(5) Jurisdiction over eminent domain actions.--No court
shall have jurisdiction over any action to exercise the right
of eminent domain under this subsection unless--
``(A) an appraisal has been carried out in
accordance with subparagraph (A) of paragraph (4); and
``(B) the holder of the certificate of public
convenience and necessity has made an offer of
compensation to the owner of the applicable property in
accordance with subparagraph (B) of that paragraph.
``(6) Right of possession.--An owner of property covered by
a certificate of public convenience and necessity shall not be
required to surrender possession of the property unless the
holder of the certificate--
``(A) has paid to the owner the agreed purchase
price; or
``(B) has deposited with the applicable court the
amount of the award of compensation in the condemnation
proceeding for the property.''.
SEC. 6. PROCESS COORDINATION FOR ENVIRONMENTAL REVIEW.
Section 15 of the Natural Gas Act (15 U.S.C. 717n) is amended by
adding at the end the following:
``(g) Environmental Review for Interstate Natural Gas Pipelines.--
``(1) Definitions.--In this subsection:
``(A) Federal authorization.--
``(i) In general.--The term `Federal
authorization' means any authorization required
under Federal law with respect to an
application for a certificate of public
convenience and necessity under section 7.
``(ii) 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
a certificate of public convenience and
necessity under section 7.
``(B) Project.--The term `project' means a project
for the construction or extension of facilities for the
transportation in interstate commerce of natural gas
that requires Federal authorization.
``(2) Cumulative impacts analysis.--In considering an
application for Federal authorization for a project in a State,
if, during the 1-year period beginning on the date on which the
application is filed, an application for Federal authorization
for a separate project is filed, and that project is located in
the same State and within 100 miles of the first project, the
Commission shall consider both projects to be 1 project for
purposes of complying with the National Environmental Policy
Act of 1969 (42 U.S.C. 4321 et seq.).
``(3) Supplemental environmental impact statements.--
``(A) In general.--If the Commission determines
that comments submitted in response to a draft
environmental impact statement prepared with respect to
an application for Federal authorization raise issues
that exceed the initial scope of the draft
environmental impact statement, a supplemental
environmental impact statement shall be prepared for
the project.
``(B) Mitigation plans.--If a draft environmental
impact statement prepared with respect to an
application for Federal authorization does not include
information about mitigation plans for adverse impacts
that cannot reasonably be avoided, a supplemental
environmental impact statement shall be prepared that
includes that information.
``(4) Public meeting requirements.--
``(A) In general.--In complying with the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.) with respect to an application for Federal
authorization, the Commission shall ensure that public
meetings shall be held--
``(i) in each county or equivalent
subdivision in which the project will be
located; and
``(ii) during each period of public comment
preceding, if applicable, publication of--
``(I) a draft environmental impact
statement;
``(II) a final environmental impact
statement; and
``(III) any supplemental
environmental impact statement.
``(B) Notice.--The Commission shall ensure that
notice of each meeting held under subparagraph (A)--
``(i) is provided to the public and each
interested party not later than 30 days before
the date of the meeting; and
``(ii) includes the information described
in section 7(d)(2)(B)(i).''.
SEC. 7. IMPACTS ON CRITICAL NATURAL RESOURCES.
Subsection (g) of section 15 of the Natural Gas Act (15 U.S.C.
717n) (as added by section 6) is amended by adding at the end the
following:
``(5) National scenic trails.--
``(A) In general.--In preparing an environmental
impact statement with respect to an application for
Federal authorization for a project, any evaluation of
the visual impacts of the project on a national scenic
trail designated by the National Trails System Act (16
U.S.C. 1241 et seq.) in the environmental impact
statement shall--
``(i) consider the cumulative visual
impacts of any similar proposed project--
``(I) for which an application for
Federal authorization is in the pre-
filing or filing stage; and
``(II) that impacts the same
national scenic trail within 100 miles
of the first project; and
``(ii) include visual impact simulations
depicting leaf-on and leaf-off views at each
location where major visual impacts occur, as
identified, authenticated, and justified during
the period of public comment preceding the
publication of a draft environmental impact
statement by the head of the Federal agency or
independent agency administering the land at
the applicable location.
``(B) National forest management plans.--No
amendment to a National Forest management plan under
the Forest and Rangeland Renewable Resources Planning
Act of 1974 (16 U.S.C. 1600 et seq.) shall be
considered if the result of the amendment represents
net degradation to the resources of a national scenic
trail designated by the National Trails System Act (16
U.S.C. 1241 et seq.).''.
SEC. 8. JUDICIAL REVIEW.
Section 19(a) of the Natural Gas Act (15 U.S.C. 717r(a)) is
amended--
(1) in the sixth sentence, by striking ``Until the record''
and inserting the following:
``(5) Powers of the commission.--Until the record'';
(2) in the fifth sentence, by striking ``No proceeding''
and inserting the following:
``(4) Application required for judicial review.--No
proceeding'';
(3) by striking the fourth sentence and inserting the
following:
``(B) Effect of failure to timely rule on the
merits.--
``(i) In general.--If the Commission has
not ruled on the merits of an application for
rehearing under this subsection by the date
that is 30 days after the date on which the
application for rehearing is filed with the
Commission, the application for rehearing shall
be deemed denied on that date.
``(ii) Orders granting rehearing for
further consideration.--For purposes of clause
(i), an order granting an application for
rehearing solely for the purpose of further
considering the issues raised in the
application for rehearing shall not be
considered to be a ruling on the merits of the
application for rehearing.
``(iii) Judicial review.--An application
for rehearing that is deemed denied under
clause (i) may be reviewed by a court of
appeals of the United States in accordance with
subsection (b).'';
(4) in the third sentence, by striking ``Upon such
application'' and inserting the following:
``(3) Decision on application.--
``(A) In general.--On an application for rehearing
under this subsection,'';
(5) in the second sentence, by striking ``The application''
and inserting the following:
``(2) Contents.--An application''; and
(6) by striking the subsection designation and all that
follows through ``Any person'' in the first sentence and
inserting the following:
``(a) Application for Rehearing.--
``(1) In general.--Any person''.
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