[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9838 Introduced in House (IH)]
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119th CONGRESS
2d Session
H. R. 9838
To provide for the expedited approval of interstate oil and natural gas
pipelines that are critical to the national security of the United
States.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 22, 2026
Mr. Calvert (for himself, Mr. Strong, Mr. Gallagher, Mr. Valadao, Mr.
Shreve, Mr. Fong, Mr. Issa, and Mr. Moran) introduced the following
bill; which was referred to the Committee on Energy and Commerce, and
in addition to the Committees on Transportation and Infrastructure, and
Natural Resources, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as fall
within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To provide for the expedited approval of interstate oil and natural gas
pipelines that are critical to the national security of the United
States.
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 ``National Security Interstate
Pipeline Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Reliable transportation of oil and natural gas across
the United States is essential to national defense, military
readiness, and the defense industrial base.
(2) Constraints in regional energy supply create
vulnerabilities for military installations, critical
infrastructure, and industrial capacity.
(3) Interstate pipeline infrastructure is the most
efficient, secure, and scalable method for transporting large
volumes of energy resources.
(4) Fragmented Federal, State, and local permitting
processes create delays that undermine the timely development
of critical energy infrastructure.
(5) It is in the national interest to ensure the rapid
development of interstate energy transportation systems
necessary to support national security objectives.
SEC. 3. EXPEDITED APPROVAL OF INTERSTATE OIL AND NATURAL GAS PIPELINES
CRITICAL TO THE NATIONAL SECURITY OF THE UNITED STATES.
(a) Designation of Covered Pipeline Projects.--
(1) Authority.--The President may designate an interstate
pipeline as a covered pipeline project if the President
determines that the interstate pipeline is necessary to ensure
energy supply for military installations, the defense
industrial base, or critical infrastructure resilience.
(2) Publication.--Each designation of an interstate
pipeline as a covered pipeline project under this section shall
be transmitted to Congress and published in the Federal
Register.
(b) Exclusive Federal Siting and Permitting Authority.--
(1) Exclusive authority.--Notwithstanding any other
provision of law, the Commission shall have exclusive authority
to approve or deny an application for the siting, construction,
expansion, or operation of a covered pipeline project.
(2) Certificate.--Upon the filing of an application to
site, construct, expand, or operate a covered pipeline project,
the Commission shall issue or deny a certificate authorizing
such siting, construction, expansion, or operation accordingly.
(3) Lead agency.--The Commission shall act as the lead
agency for purposes of coordinating all applicable Federal
authorizations and related environmental reviews of a covered
pipeline project.
(c) Acquisition of Property Interests.--
(1) Authority to acquire.--A holder of a certificate issued
under subsection (b) may acquire any right-of-way, easement, or
other interest in real property necessary for the siting,
construction, expansion, or operation of the covered pipeline
project for which the certificate was issued, by--
(A) negotiation and purchase; or
(B) the exercise of the right of eminent domain in
the district court of the United States for the
district in which the property is located, or in the
appropriate court of the State in which the property is
located, in accordance with paragraph (2).
(2) Conditions on eminent domain.--
(A) Good faith negotiation required.--A certificate
holder may not commence a proceeding under paragraph
(1)(B) unless the certificate holder has made a good-
faith effort to acquire the necessary property interest
by negotiation, including a written offer of just
compensation to the owner of record not later than 60
days before commencing such proceeding.
(B) Just compensation.--Any acquisition under this
subsection shall be subject to the payment of just
compensation, as determined in accordance with the fair
market value of the property interest acquired.
(C) Temporary workspace distinguished.--
Compensation for a temporary construction easement
shall be calculated separately from, and shall not be
based on, the valuation methodology applied to a
permanent right-of-way or easement, and shall account
for the duration and scope of the temporary use.
(D) Severance damages.--Where an acquisition under
this subsection affects less than the entirety of a
parcel of real property, just compensation shall
include any diminution in the fair market value of the
remaining property proximately caused by the
acquisition.
(E) Date of valuation.--Fair market value under
this subsection shall be determined as of the date on
which the certificate holder files a complaint in
condemnation under paragraph (1)(B), or the date of
taking, whichever is earlier.
(3) Procedure.--Except as otherwise provided in this
subsection, a proceeding under paragraph (1)(B) shall be
conducted in accordance with rule 71.1 of the Federal Rules of
Civil Procedure, or the applicable procedure of the State in
which the property is located, as appropriate.
(4) Notice to landowners.--Not later than 30 days before
filing a complaint in condemnation under paragraph (1)(B), a
certificate holder shall provide written notice to the owner of
record of the affected property, which shall include--
(A) a description of the property interest sought;
(B) a written appraisal of the fair market value of
the property interest, prepared by a qualified
independent appraiser; and
(C) a statement of the owner's right to obtain an
independent appraisal and to contest the amount of
compensation offered.
(d) Expedited Review.--
(1) Timelines.--Notwithstanding any other provision of law,
if--
(A) not later than 180 days after an application
for a certificate is submitted under subsection (b), a
Federal agency does not complete an action that is
required with respect to a Federal authorization,
including any proceeding, opinion, review, or decision,
or related environmental review, such requirement shall
be deemed satisfied and, if applicable, such Federal
authorization shall be deemed approved; and
(B) not later than 60 days after an application for
a certificate is submitted under subsection (b), a
State, local, or Tribal agency does not complete an
action that is required with respect to a Federal
authorization, including any proceeding, opinion,
review, or decision, or related environmental review,
such requirement shall be deemed satisfied and, if
applicable, such Federal authorization shall be deemed
approved.
(2) Limitation on alternatives.--Notwithstanding any other
provision of law, in conducting any action with respect to a
Federal authorization, including any proceeding, opinion,
review, or decision, or related environmental review with
respect to a covered pipeline project that requires the
consideration of alternatives, including reviews under the
National Environmental Policy Act of 1969, Federal and State
agencies shall consider alternatives that are technically and
economically feasible and consistent with national security
objectives, as determined by the Commission, in consultation
with the Secretary of Energy and the Secretary of Defense.
(e) Federal Preemption of State and Local Requirements.--
(1) In general.--No State, Tribal, or local government may
enforce any law or regulation that--
(A) prohibits the siting, construction, expansion,
or operation of a covered pipeline project or imposes
any requirement, condition, limitation, or standard
that would reasonably be expected to delay, increase
the cost of, or otherwise impede the siting,
construction, expansion, or operation, of a covered
pipeline project; or
(B) imposes any requirement, condition, limitation,
or standard on the siting, construction, expansion, or
operation of a covered pipeline project that is
inconsistent with a certificate issued under subsection
(b).
(2) Limitation on state permitting.--No State, Tribal, or
local permit, approval, or certification shall be required for
a covered pipeline project. Any such permit, approval, or
certification may be issued for advisory purposes only and
shall have no binding effect on the siting, construction,
expansion or operation of the covered pipeline project.
(3) Rule of construction.--Nothing in the section shall be
construed to revise or alter the duties or authorities of the
Commission with respect to any pipeline project that is not a
covered pipeline project.
(f) National Security Waiver Authority.--The President may waive
compliance any requirement of the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.), the Clean Air Act (42 U.S.C. 7401 et
seq.), the Federal Water Pollution Control Act (33 U.S.C. 1251 et
seq.), or the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.),
if necessary to prevent unacceptable delay, as determined by the
President, of the siting, construction, expansion, or operation of a
covered pipeline project.
(g) Congressional Notification and Oversight.--
(1) Notification.--The President shall notify Congress not
later than 7 days after any designation under subsection (a) or
waiver under subsection (f).
(2) Quarterly reports.--The President shall submit to
Congress quarterly reports on all covered pipeline projects,
including any waiver with respect to a covered pipeline project
under subsection (f), and the status of each such covered
pipeline project.
(h) Delegation.--
(1) In general.--The President may delegate any authority
or responsibility under subsection (a), subsection (f), or
subsection (g) to the Secretary of Energy.
(2) Consultation.--If the Secretary of Energy is delegated
authority or responsibility pursuant to subparagraph (A), the
Secretary of Energy shall exercise such authority or
responsibility in consultation with the Secretary of Defense.
(i) Judicial Review.--
(1) Exclusive jurisdiction.--Any claim arising under this
Act shall be filed exclusively in the United States Court of
Appeals for the District of Columbia Circuit.
(2) Expedited review.--The United States Court of Appeals
for the District of Columbia Circuit shall expedite review of
any claim arising under this Act to the maximum extent
practicable.
(3) Standard of review.--Federal agency actions taken
pursuant to this Act shall be upheld unless found to be
arbitrary, capricious, or contrary to law.
(j) Definitions.--In this Act:
(1) Commission.--The term ``Commission'' means the Federal
Energy Regulatory Commission.
(2) Covered pipeline project.--The term ``covered pipeline
project'' means any interstate pipeline for the transportation
of crude oil, refined petroleum products, or natural gas, that
is designated under subsection (a).
(3) Critical infrastructure resilience.--The term
``critical infrastructure resilience'' means resilience of
systems and assets, whether physical or virtual, so vital to
the United States that the incapacity or destruction of such
systems and assets would have a debilitating impact on
security, national economic security, national public health or
safety, or any combination of those matters.
(4) Defense industrial base.--The term ``defense industrial
base'' has the meaning given such term in section 236.2 of
title 32, Code of Federal Regulations (as in effect on the date
of enactment of this Act).
(5) Federal authorization.--The term ``Federal
authorization''--
(A) means any authorization required under Federal
law with respect to an application for a certificate
under subsection (b); and
(B) 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 under
subsection (b).
(6) Military installation.--The term ``military
installation'' means a base, camp, post, station, yard, center,
or other activity under the jurisdiction of the Secretary of a
military department under the operational control of the
Secretary of a military department or the Secretary of Defense,
without regard to the duration of operational control.
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