[Congressional Record Volume 162, Number 16 (Wednesday, January 27, 2016)]
[Senate]
[Page S289]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 3030. Mr. BARRASSO (for himself, Ms. Heitkamp, Mr. Enzi, and Mr.
Hoeven) submitted an amendment intended to be proposed to amendment SA
2953 proposed by Ms. Murkowski to the bill S. 2012, to provide for the
modernization of the energy policy of the United States, and for other
purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. ___. NATURAL GAS GATHERING ENHANCEMENT.
(a) Certain Natural Gas Gathering Lines Located on Federal
Land and Indian Land.--
(1) In general.--Subtitle B of title III of the Energy
Policy Act of 2005 (Public Law 109-58; 119 Stat. 685) is
amended by adding at the end the following:
``SEC. 319. CERTAIN NATURAL GAS GATHERING LINES LOCATED ON
FEDERAL LAND AND INDIAN LAND.
``(a) Definitions.--In this section:
``(1) Gas gathering line and associated field compression
units.--
``(A) In general.--The term `gas gathering line and
associated field compression unit' means--
``(i) a pipeline that is installed to transport natural gas
production associated with 1 or more wells drilled and
completed to produce oil or gas; and
``(ii) if necessary, 1 or more compressors to raise the
pressure of that transported natural gas to higher pressures
suitable to enable the gas to flow into pipelines and other
facilities.
``(B) Exclusions.--The term `gas gathering line and
associated field compression unit' does not include a
pipeline or compression unit that is installed to transport
natural gas from a processing plant to a common carrier
pipeline or facility.
``(2) Federal land.--
``(A) In general.--The term `Federal land' means land the
title to which is held by the United States.
``(B) Exclusions.--The term `Federal land' does not
include--
``(i) a unit of the National Park System;
``(ii) a unit of the National Wildlife Refuge System;
``(iii) a component of the National Wilderness Preservation
System; or
``(iv) Indian land.
``(3) Indian land.--The term `Indian land' means land the
title to which is held by--
``(A) the United States in trust for an Indian tribe or an
individual Indian; or
``(B) an Indian tribe or an individual Indian subject to a
restriction by the United States against alienation.
``(b) Certain Natural Gas Gathering Lines.--
``(1) In general.--Subject to paragraph (2), the issuance
of a sundry notice or right-of-way for a gas gathering line
and associated field compression unit that is located on
Federal land or Indian land and that services any oil or gas
well shall be considered to be an action that is
categorically excluded (as defined in section 1508.4 of title
40, Code of Federal Regulations (as in effect on the date of
enactment of this section)) for purposes of the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) if
the gas gathering line and associated field compression unit
are--
``(A) within a field or unit for which an approved land use
plan or an environmental document prepared pursuant to the
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.) analyzed transportation of natural gas produced from 1
or more oil or gas wells in that field or unit as a
reasonably foreseeable activity; and
``(B) located adjacent to or within--
``(i) any existing disturbed area; or
``(ii) an existing corridor for a right-of-way.
``(2) Applicability.--Paragraph (1) shall apply to Indian
land, or a portion of Indian land, for which the Indian tribe
with jurisdiction over the Indian land submits to the
Secretary of the Interior a written request that paragraph
(1) apply to that Indian land (or portion of Indian land).
``(c) Effect on Other Law.--Nothing in this section affects
or alters any requirement--
``(1) relating to prior consent under--
``(A) section 2 of the Act of February 5, 1948 (25 U.S.C.
324); or
``(B) section 16(e) of the Act of June 18, 1934 (25 U.S.C.
476(e)) (commonly known as the `Indian Reorganization Act');
``(2) under section 306108 of title 54, United States Code;
or
``(3) under any other Federal law (including regulations)
relating to tribal consent for rights-of-way across Indian
land.''.
(2) Assessments.--Title XVIII of the Energy Policy Act of
2005 (Public Law 109-58; 119 Stat. 1122) (as amended by
section 2311) is amended by adding at the end the following:
``SEC. 1842. NATURAL GAS GATHERING SYSTEM ASSESSMENTS.
``(a) Definition of Gas Gathering Line and Associated Field
Compression Unit.--In this section, the term `gas gathering
line and associated field compression unit' has the meaning
given the term in section 319.
``(b) Study.--Not later than 1 year after the date of
enactment of this section, the Secretary of the Interior, in
consultation with other appropriate Federal agencies, States,
and Indian tribes, shall submit to the Committee on Energy
and Natural Resources of the Senate and the Committee on
Natural Resources of the House of Representatives a study
identifying--
``(1) any actions that may be taken, under Federal law
(including regulations), to expedite permitting for gas
gathering lines and associated field compression units that
are located on Federal land or Indian land, for the purpose
of transporting natural gas associated with oil and gas
production on any land to a processing plant or a common
carrier pipeline for delivery to markets; and
``(2) any proposed changes to Federal law (including
regulations) to expedite permitting for gas gathering lines
and associated field compression units that are located on
Federal land, for the purpose of transporting natural gas
associated with oil and gas production on any land to a
processing plant or a common carrier pipeline for delivery to
markets.
``(c) Report.--Not later than 1 year after the date of
enactment of this section, and every 1 year thereafter, the
Secretary of the Interior, in consultation with other
appropriate Federal agencies, States, and Indian tribes,
shall submit to the Committee on Energy and Natural Resources
of the Senate and the Committee on Natural Resources of the
House of Representatives a report that describes--
``(1) the progress made in expediting permits for gas
gathering lines and associated field compression units that
are located on Federal land or Indian land, for the purpose
of transporting natural gas associated with oil and gas
production on any land to a processing plant or a common
carrier pipeline for delivery to markets; and
``(2) any issues impeding that progress.''.
(3) Technical amendments.--
(A) Section 1(b) of the Energy Policy Act of 2005 (Public
Law 109-58; 119 Stat. 594) is amended by adding at the end of
subtitle B of title III the following:
``Sec. 319. Natural gas gathering lines located on Federal land and
Indian land.''.
(B) Section (1)(b) of the Energy Policy Act of 2005 (Public
Law 109-58; 119 Stat. 594) is amended by adding at the end of
title XXVIII the following:
``Sec. 1842. Natural gas gathering system assessments.''.
(b) Deadlines for Permitting Natural Gas Gathering Lines
Under the Mineral Leasing Act.--Section 28 of the Mineral
Leasing Act (30 U.S.C. 185) is amended by adding at the end
the following:
``(z) Natural Gas Gathering Lines.--The Secretary of the
Interior or other appropriate agency head shall issue a
sundry notice or right-of-way for a gas gathering line and
associated field compression unit (as defined in section
319(a) of the Energy Policy Act of 2005) that is located on
Federal land not later than 90 days after the date on which
the applicable agency head receives the request for issuance
unless the Secretary or agency head finds that the sundry
notice or right-of-way would violate division A of subtitle
III of title 54, United States Code, or the Endangered
Species Act of 1973 (16 U.S.C. 1531 et seq.).''.
______