[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 988 Introduced in Senate (IS)]
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118th CONGRESS
1st Session
S. 988
To provide for coordination by the Federal Energy Regulatory Commission
of the process for reviewing certain natural gas projects under the
jurisdiction of the Commission, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 27, 2023
Mr. Hoeven (for himself and Mr. Sullivan) introduced the following
bill; which was read twice and referred to the Committee on Energy and
Natural Resources
_______________________________________________________________________
A BILL
To provide for coordination by the Federal Energy Regulatory Commission
of the process for reviewing certain natural gas projects under the
jurisdiction of the Commission, 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 Projects Act''.
SEC. 2. FERC PROCESS COORDINATION FOR NATURAL GAS PROJECTS.
(a) Definitions.--In this section:
(1) Certificate of public convenience and necessity.--The
term ``certificate of public convenience and necessity'' means
a certificate of public convenience and necessity issued under
section 7 of the Natural Gas Act (15 U.S.C. 717f).
(2) Commission.--The term ``Commission'' means the Federal
Energy Regulatory Commission.
(3) Federal authorization.--The term ``Federal
authorization'' has the meaning given the term in section 15(a)
of the Natural Gas Act (15 U.S.C. 717n(a)).
(4) 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).
(5) Project-related nepa review.--The term ``project-
related NEPA review'' means any NEPA review required to be
conducted with respect to the issuance of--
(A) an authorization under section 3 of the Natural
Gas Act (15 U.S.C. 717b); or
(B) a certificate of public convenience and
necessity.
(b) Commission NEPA Review Responsibilities.--In acting as the lead
agency under section 15(b)(1) of the Natural Gas Act (15 U.S.C.
717n(b)(1)) 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 (15 U.S.C.
717b) or a certificate of public convenience and necessity, 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
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 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 an
authorization under section 3 of the Natural Gas Act (15 U.S.C. 717b)
or a certificate of public convenience and necessity, 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.--Not later than 30 days after receiving
an application for an authorization under section 3 of the
Natural Gas Act (15 U.S.C. 717b) or a certificate of public
convenience and necessity, the Commission shall identify any
Federal or State agency, local government, or Indian Tribe
that--
(A) may issue a Federal authorization with respect
to the application; or
(B) is required by Federal law to consult with the
Commission in conjunction with the issuance of an
authorization under section 3 of that Act (15 U.S.C.
717b) or a Federal authorization required for the
certificate of public convenience and necessity.
(2) Invitation.--
(A) In general.--Not later than 45 days after
receiving an application for an authorization under
section 3 of the Natural Gas Act (15 U.S.C. 717b) or a
certificate of public convenience and necessity, 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.--Not later than
60 days after the Commission receives an application for an
authorization under section 3 of the Natural Gas Act (15 U.S.C.
717b) or a certificate of public convenience and necessity, the
Commission shall designate an agency identified under paragraph
(1) as a participating agency with respect to an application
for an authorization under section 3 of that Act (15 U.S.C.
717b) or a certificate of public convenience and necessity
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 (15 U.S.C. 717b)
or a certificate of public convenience and necessity
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 (15 U.S.C. 717b) or a
certificate of public convenience and necessity--
(i) consider any comments or other
information submitted by the agency for the
project-related NEPA review conducted by the
Commission; or
(ii) include any such comments or other
information in the record for the project-
related NEPA review.
(e) Schedule.--
(1) Deadline for federal authorizations.--The deadline for
a Federal authorization required with respect to an application
for an authorization under section 3 of the Natural Gas Act (15
U.S.C. 717b) or a certificate of public convenience and
necessity set by the Commission under section 15(c)(1) of the
Natural Gas Act (15 U.S.C. 717n(c)(1)) shall be not later than
90 days after the date on which the Commission completes the
applicable 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 an authorization under section 3 of the Natural Gas
Act (15 U.S.C. 717b) or a certificate of public
convenience and necessity 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 the schedule
established by the Commission under section 15(c)(1) of
the Natural Gas Act (15 U.S.C. 717n(c)(1)); and
(B) in considering an aspect of an application for
a Federal authorization required with respect to an
application for an authorization under section 3 of the
Natural Gas Act (15 U.S.C. 717b) or a certificate of
public convenience and necessity, shall--
(i) develop and implement a plan to enable
the agency to comply with the schedule;
(ii) carry out the obligations of the
agency under applicable law concurrently, and
in conjunction with, the project-related NEPA
review conducted by the Commission, and in
compliance with the schedule;
(iii) transmit to the Commission a
statement--
(I) acknowledging receipt of the
schedule; and
(II) describing the plan developed
under clause (i); and
(iv) not less frequently than once every 90
days, transmit to the Commission a report
describing the progress made in considering the
application for a Federal authorization.
(3) Failure to meet deadline.--
(A) In general.--If a Federal or State agency,
including the Commission, fails to meet a deadline for
a Federal authorization required in the applicable
schedule established by the Commission under section
15(c)(1) of the Natural Gas Act (15 U.S.C. 717n(c)(1)),
not later than 5 days after the 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--
(i) notify Congress and the Commission of
the failure; and
(ii) include in that notification a
description of the recommended implementation
plan to ensure completion of the action to
which the deadline applied, unless the
Commission deems the requirement to complete
the action has been waived.
(B) Requirement.--In cases in which a requirement
has not been waived under clause (ii) of subparagraph
(A), not later than 5 days after the date on which the
Commission receives the notification under that
subparagraph, the Commission shall--
(i) accept the recommended implementation
plan; or
(ii) if the Commission does not accept the
recommended implementation plan, 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
practicable, any issues of concern that may delay or
prevent an agency from--
(i) working with the Commission to resolve
the issues; and
(ii) granting the Federal 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.--
(A) In general.--If a Federal or State agency
considering an aspect of an application for a Federal
authorization requires the person applying for the
Federal authorization to submit data, subject to
subparagraph (B), the agency shall consider any data
gathered by aerial or other remote means that the
person submits.
(B) Consideration.--Aerial or remote survey data
shall be considered under subparagraph (A) in cases in
which property access is not permitted or available and
therefore onsite inspection is not possible at the time
of the application review.
(C) Conditional approval.--If appropriate and
necessary for compliance with the mandate of the
agency, a Federal or State agency may condition
approval for a Federal authorization based in part on
data gathered by aerial or remote means on the
verification of the 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 the Federal authorization.
(g) Accountability, Transparency, Efficiency.--
(1) In general.--For an application for an authorization
under section 3 of the Natural Gas Act (15 U.S.C. 717b) or a
certificate of public convenience and necessity 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 website of the Commission information relating to the
actions required to complete the Federal authorizations.
(2) Inclusions.--Information tracked and included under
paragraph (1) shall include the following:
(A) The schedule established by the Commission
under section 15(c)(1) of the Natural Gas Act (15
U.S.C. 717n(c)(1)).
(B) 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.
(C) The expected completion date for each action.
(D) A point of contact at the agency responsible
for each action.
(E) 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.
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