[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 4300 Introduced in Senate (IS)]
<DOC>
119th CONGRESS
2d Session
S. 4300
To promote interagency coordination for reviewing certain
authorizations under the Natural Gas Act, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 15 (legislative day, April 14), 2026
Mr. Cotton introduced the following bill; which was read twice and
referred to the Committee on Energy and Natural Resources
_______________________________________________________________________
A BILL
To promote interagency coordination for reviewing certain
authorizations under the Natural Gas Act, 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 ``Jurisdictional Oversight and
Adjudication for Natural Gas Act'' or the ``JOAN Act''.
SEC. 2. PROMOTING INTERAGENCY COORDINATION FOR REVIEW OF NATURAL GAS
INFRASTRUCTURE.
(a) Definitions.--In this section:
(1) Commission.--The term ``Commission'' means the Federal
Energy Regulatory Commission.
(2) Federal authorization.--The term ``Federal
authorization'' has the meaning given that term in section
15(a) of the Natural Gas Act (15 U.S.C. 717n(a)).
(3) 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).
(4) Project-related nepa review.--The term ``project-
related NEPA review'' means any NEPA review required to be
conducted with respect to the issuance of an authorization
under section 3 of the Natural Gas Act (15 U.S.C. 717b) or a
certificate of public convenience and necessity under section 7
of such Act (15 U.S.C. 717f).
(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 under
section 7 of such Act (15 U.S.C. 717f), 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
its project-related NEPA review that is reasonably required 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 its 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
authorization under section 3 of the Natural Gas Act (15 U.S.C. 717b)
or a certificate of public convenience and necessity under section 7 of
such Act (15 U.S.C. 717f), 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.--The Commission shall identify, not
later than 30 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 under section 7 of such Act (15 U.S.C. 717f), any
Federal or State agency, local government, or Indian Tribe that
may issue a Federal authorization or is required by Federal law
to consult with the Commission in conjunction with the issuance
of a Federal authorization required for such authorization or
certificate.
(2) Invitation.--
(A) In general.--Not later than 45 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
under section 7 of such Act (15 U.S.C. 717f), 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
under section 7 of such Act (15 U.S.C. 717f), the Commission
shall designate an agency identified under paragraph (1) as a
participating agency with respect to an application for
authorization under section 3 of the Natural Gas Act (15 U.S.C.
717b) or a certificate of public convenience and necessity
under section 7 of such Act (15 U.S.C. 717f) 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 designation and non-designation.--Designation
or non-designation of an agency 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
under section 7 of such Act (15 U.S.C. 717f) may not serve as
evidence of an incomplete record before a court.
(e) Water Quality Impacts.--
(1) In general.--Notwithstanding section 401 of the Federal
Water Pollution Control Act (33 U.S.C. 1341), an applicant for
a Federal authorization shall not be required to provide a
certification under such section with respect to the Federal
authorization.
(2) Coordination.--With respect to any NEPA review for a
Federal authorization to conduct an activity that will directly
result in a discharge into the navigable waters (within the
meaning of the Federal Water Pollution Control Act (33 U.S.C.
1251 et seq.)), the Commission shall identify as an agency
under subsection (d)(1) the State in which the discharge
originates or will originate, or, if appropriate, the
interstate water pollution control agency having jurisdiction
over the navigable waters at the point where the discharge
originates or will originate.
(3) Proposed conditions.--A State or interstate agency
designated as a participating agency pursuant to paragraph (2)
may propose to the Commission terms or conditions for inclusion
in an authorization under section 3 of the Natural Gas Act (15
U.S.C. 717b) or a certificate of public convenience and
necessity under section 7 of such Act (15 U.S.C. 717f) that the
State or interstate agency determines are necessary to ensure
that any activity described in paragraph (2) conducted pursuant
to such authorization or certification will comply with the
applicable provisions of sections 301, 302, 303, 306, and 307
of the Federal Water Pollution Control Act (33 U.S.C. 1311,
1312, 1313, 1316, 1317).
(4) Commission consideration of conditions.--The Commission
may include a term or condition in an authorization under
section 3 of the Natural Gas Act (15 U.S.C. 717b) or a
certificate of public convenience and necessity under section 7
of such Act (15 U.S.C. 717f) proposed by a State or interstate
agency under paragraph (3) only if the Commission finds that
the term or condition is necessary to ensure that any activity
described in paragraph (2) conducted pursuant to such
authorization or certification will comply with the applicable
provisions of sections 301, 302, 303, 306, and 307 of the
Federal Water Pollution Control Act (33 U.S.C. 1311, 1312,
1313, 1316, 1317).
(f) Schedule.--
(1) Deadline for federal authorizations.--A deadline for a
Federal authorization required with respect to an application
for authorization under section 3 of the Natural Gas Act (15
U.S.C. 717b) or a certificate of public convenience and
necessity under section 7 of such Act (15 U.S.C. 717f) set by
the Commission under section 15(c)(1) of such Act (15 U.S.C.
717n(c)(1)) shall be not later than 90 days after the
Commission completes its 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 authorization under section 3 of the Natural Gas
Act (15 U.S.C. 717b) or a certificate of public
convenience and necessity under section 7 of such Act
(15 U.S.C. 717f) 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 schedules established
by the Commission under section 15(c)(1) of such 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 authorization under section 3 of the
Natural Gas Act (15 U.S.C. 717b) or a certificate of
public convenience and necessity under section 7 of
such Act (15 U.S.C. 717f), shall--
(i) formulate and implement a plan to
enable the agency to comply with the schedule
established by the Commission under section
15(c)(1) of such Act (15 U.S.C. 717n(c)(1));
(ii) carry out the obligations of that
agency under applicable law concurrently, and
in conjunction with, the project-related NEPA
review conducted by the Commission, and in
compliance with the schedule established by the
Commission under section 15(c)(1) (15 U.S.C.
717n(c)(1)) of such Act, unless the agency
notifies the Commission in writing that doing
so would impair the ability of the agency to
conduct needed analysis or otherwise carry out
such obligations;
(iii) transmit to the Commission a
statement--
(I) acknowledging receipt of the
schedule established by the Commission
under section 15(c)(1) of the Natural
Gas Act (15 U.S.C. 717n(c)(1)); and
(II) setting forth the plan
formulated under clause (i) of this
subparagraph;
(iv) not later than 30 days after the
agency receives such application for a Federal
authorization, transmit to the applicant a
notice--
(I) indicating whether such
application is ready for processing;
and
(II) if such application is not
ready for processing, that includes a
comprehensive description of the
information needed for the agency to
determine that the application is ready
for processing;
(v) determine that such application for a
Federal authorization is ready for processing
for purposes of clause (iv) if such application
is sufficiently complete for the purposes of
commencing consideration, regardless of whether
supplemental information is necessary to enable
the agency to complete the consideration
required by law with respect to such
application; and
(vi) not less often than once every 90
days, transmit to the Commission a report
describing the progress made in considering
such application for a Federal authorization.
(3) Failure to meet deadline.--If a Federal or State
agency, including the Commission, fails to meet a deadline for
a Federal authorization set forth in the 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 such
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 notify Congress and
the Commission of such failure and set forth a recommended
implementation plan to ensure completion of the action to which
such deadline applied.
(g) 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
possible, any issues of concern that may delay or
prevent an agency from working with the Commission to
resolve such issues and granting such 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 such
authorization to submit data, the agency shall consider
any such data gathered by aerial or other remote means
that the person submits.
(B) Conditional approval.--The agency may grant a
conditional approval for the Federal authorization
based on data gathered by aerial or remote means,
conditioned on the verification of such 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 such authorization.
(h) Accountability, Transparency, Efficiency.--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 under
section 7 of such Act (15 U.S.C. 717f) 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
related to the actions required to complete the Federal authorizations.
Such information shall include the following:
(1) The schedule established by the Commission under
section 15(c)(1) of the Natural Gas Act (15 U.S.C. 717n(c)(1)).
(2) 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.
(3) The expected completion date for each such action.
(4) A point of contact at the agency responsible for each
such action.
(5) 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.
SEC. 3. ACCELERATION OF CLAIMS.
(a) Definitions.--In this section:
(1) Civil action.--The term ``civil action'' means an
initial claim challenging a core authorization for a covered
project.
(2) Commission.--The term ``Commission'' means the Federal
Energy Regulatory Commission.
(3) Core authorization.--The term ``core authorization''
means a Federal authorization issued pursuant to section 3(e)
or section 7(c) of the Natural Gas Act (15 U.S.C. 717b(e),
717f(c)).
(4) Covered project.--The term ``covered project'' means a
project requiring a core authorization.
(5) Federal authorization.--The term ``Federal
authorization'' means any license, permit, approval, finding,
determination, or administrative decision issued by an agency,
and any interagency consultation that is required or authorized
under Federal law, to site, construct, reconstruct, abandon, or
commence operations of a covered project administered by--
(A) a Federal agency; or
(B) in the case of a State participating in or
administering a review required or authorized under
Federal law, as applicable, a State agency.
(6) Project sponsor.--The term ``project sponsor'' means
any person, including a State, Tribal, or local government
entity, that--
(A) is an applicant for, or holder of, a core
authorization or any other Federal authorization for a
covered project; or
(B) otherwise proposes to site, construct,
reconstruct, own, or operate a covered project.
(7) Related claim.--The term ``related claim'' means a
claim challenging a Federal authorization that is joined to a
civil action after that civil action has been filed.
(b) Final Agency Action.--Notwithstanding any other provision of
law, issuance of a core authorization for a covered project shall be
considered a final agency action for the purposes of chapter 7 of title
5, United States Code, with respect to all Federal authorizations
required for that covered project.
(c) Claims.--
(1) Sole and exclusive relief.--
(A) In general.--The filing and final adjudication
of a civil action shall constitute the sole and
exclusive means of judicial review and relief with
respect to the applicable covered project and all
Federal authorizations issued for that covered project.
(B) Bar on subsequent actions.--After the final
adjudication of a civil action, any subsequent cause of
action or challenge, whether statutory, procedural, or
substantive, related to or connected with the
applicable covered project or any Federal authorization
for that covered project brought by any party except
the project sponsor shall be barred and dismissed for
lack of jurisdiction.
(2) Venue.--
(A) In general.--A civil action shall be filed
exclusively in--
(i) the United States Court of Appeals for
the District of Columbia Circuit; or
(ii) the court of appeals of the United
States for the judicial circuit in which the
principal place of business of the project
sponsor for the applicable covered project is
located.
(B) Related claims.--After a civil action is filed
in an applicable court described in subparagraph (A),
all related claims arising out of the same nucleus of
operative fact as that civil action shall be joined or
consolidated to that court for adjudication.
(3) Time to file.--A civil action and all related claims
arising out of the same nucleus of operative fact shall be
filed with the applicable court by the earlier of--
(A) the date that is 60 days after the core
authorization is published in the Federal Register; and
(B) the statutory deadline required for causes of
action relating to that core authorization.
(4) Judicial review.--
(A) In general.--Subject to subsection (d), the
filing and final adjudication of a civil action shall
constitute the only opportunity for judicial review of
the applicable covered project and all Federal
authorizations issued for that covered project.
(B) Scope.--Judicial review of a civil action and
any related claim arising out of the same nucleus of
operative fact under this section--
(i) shall--
(I) be limited to the finalized
consolidated record under subsection
(g)(3)(C); and
(II) be based exclusively on that
finalized consolidated record; and
(ii) shall not take evidence, permit
discovery, receive testimony, or engage in
fact-finding.
(C) Preliminary injunctions.--
(i) Multiplicative merit standard.--In any
civil action seeking a preliminary injunction
or a temporary restraining order to halt a
Federal action based on an alleged violation of
this Act, the applicable court shall determine
the likelihood of success on the merits by
calculating the cumulative probability of
success across all independent legal and
jurisdictional requirements.
(ii) Probabilistic calculation.--A court
may not find a likelihood of success on the
merits under clause (i) unless the product of
the probabilities of success for each
independent legal and jurisdictional
requirement, including standing under article
III of the Constitution of the United States,
final agency action, and the merits of the
underlying claim, exceeds 50 percent.
(iii) Written findings.--The court under
clause (ii) shall issue written findings of
fact and conclusions of law specifying--
(I) the estimated probability of
success assigned to each independent
legal and jurisdictional requirement;
and
(II) the cumulative probability of
success.
(D) Deadline.--If the applicable court does not
issue a final determination for a filed civil action
and all related claims arising out of the same nucleus
of operative fact by the date that is 180 days after
the expiration of the applicable timeline described in
paragraph (3), the core authorization and all
associated Federal authorizations for the applicable
covered project shall be considered approved and not
subject to further review.
(E) Identification of factual determinations.--For
the purposes of judicial review, the statements of
material fact submitted under subsection (g)(2) shall
not constitute independent evidence or a freestanding
factual determination apart from the cited
administrative record material.
(5) Relief.--
(A) In general.--In reviewing a civil action, the
applicable court may not--
(i) issue an injunction lasting for a
period exceeding 60 days;
(ii) enjoin any covered project activity
unrelated to a specific issue identified by the
court; or
(iii) grant permanent injunctive relief
unless the plaintiff demonstrates by clear and
convincing evidence that--
(I) the plaintiff has suffered an
irreparable injury;
(II) remedies available at law,
including monetary damages, are
inadequate to compensate for the
irreparable injury;
(III) considering the balance of
hardships between the plaintiff and
defendant, a remedy in equity is
warranted; and
(IV) the public interest would not
be disserved by a permanent injunction.
(B) Permanent injunction.--Any permanent injunction
issued by a court pursuant to this subsection shall be
supported by a finding, by clear and convincing
evidence, of extraordinary circumstances, and shall be
as narrowly tailored as possible to correct the injury
and the least intrusive means necessary to correct the
injury.
(C) Security for injunctive relief.--Any court
issuing a temporary restraining order or preliminary
injunction in a civil action under this section shall
require the movant to provide security in an amount
that the court considers proper to pay the costs and
damages sustained by any party found to have been
wrongfully enjoined or restrained, consistent with rule
65(c) of the Federal Rules of Civil Procedure.
(6) No remand with vacatur.--In reviewing a civil action,
the applicable court may not issue a remedy of remand with
vacatur.
(7) Project segmentation.--After the filing of a civil
action, the project sponsor for the implicated covered project
may continue construction for any part of the covered project
that is unaffected by the civil action.
(8) Prohibited civil actions.--A civil action may not be
filed by any party that did not raise the issue giving rise to
that civil action during the notice and comment period for the
applicable Federal authorization.
(d) Project Sponsor Exception.--
(1) In general.--Notwithstanding subsection (c), a project
sponsor may bring a separate claim challenging a Federal
authorization for an applicable covered project regardless of
whether a civil action concerning that Federal authorization
has been filed and adjudicated, subject to the condition that
the specific underlying issue of that separate claim has not
previously been finally adjudicated.
(2) No related claims.--A claim described in paragraph (1)
may not be joined by a related claim or any other claim arising
out of the same nucleus of operative fact.
(e) Effect on Substantive Standards.--Nothing in this section
alters substantive environmental requirements or reduces opportunities
for public comment under applicable Federal law.
(f) Multiple Core Authorizations.--If more than 1 Federal agency
issues a core authorization for a covered project, the Commission shall
be the lead agency for purposes of an environmental review for the
covered project under the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.), if applicable.
(g) Statement of Material Facts and Technical Findings.--
(1) Definition of statement of material fact.--In this
subsection, the term ``statement of material fact'' means a
citation index identifying, by specific record citation, the
portions of the administrative record that set forth the
material factual determinations and technical conclusions
relied on in a Federal authorization for a covered project.
(2) Transmission.--Not later than 60 days after the date of
publication of a core authorization in the Federal Register,
each Federal agency that issued, or is required to issue, a
Federal authorization for the applicable covered project shall
submit to the Commission--
(A) the administrative record for that Federal
authorization; and
(B) a statement of material fact and technical
conclusions that identifies, by specific citation to
the administrative record, the portions of the record
containing the material factual determinations and
technical conclusions relied on by the Federal agency.
(3) Consolidated administrative record.--
(A) Consolidate and publish.--Not later than 90
days after the date of publication of a core
authorization in the Federal Register, the Commission
shall--
(i) consolidate the submissions under
paragraph (2) (referred to in this subsection
as the ``consolidated administrative record'');
and
(ii) publish a notice of availability of
the consolidated administrative record.
(B) Objections.--
(i) In general.--Not later than 30 days
after the date of publication of the notice
under subparagraph (A), any party may submit to
the Commission a written objection limited to
whether the consolidated administrative record
omits materials--
(I) that were before the Federal
agency; and
(II) that were directly or
indirectly considered in issuing a
Federal authorization.
(ii) No merits.--An objection to the
consolidated administrative record submitted
under clause (i) may not--
(I) raise merit arguments; or
(II) seek discovery, testimony, or
new evidence.
(iii) Resolution.--Not later than 60 days
after the date of publication of the notice
under subparagraph (A), the Commission shall
resolve each objection to the consolidated
administrative record submitted under clause
(i) and, as necessary, direct limited
supplementation of the consolidated
administrative record by the relevant Federal
agency.
(C) Closure.--After all objections to the
consolidated administrative record are resolved under
subparagraph (B)(iii)--
(i) the consolidated administrative record
shall be considered final and closed; and
(ii) the Commission shall issue a public
written order indicating the consolidated
administrative record is finalized and closed.
(D) Final agency action.--The written order of the
Commission under subparagraph (C)(ii) shall constitute
a final agency action for the purposes of chapter 7 of
title 5, United States Code, solely with respect to the
contents and completeness of the consolidated
administrative record.
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