[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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