[Congressional Record Volume 168, Number 193 (Tuesday, December 13, 2022)]
[Senate]
[Page S7137]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 6512. Mr. MANCHIN submitted an amendment intended to be proposed 
by him to the bill H.R. 7776, to provide for improvements to the rivers 
and harbors of the United States, to provide for the conservation and 
development of water and related resources, and for other purposes; 
which was ordered to lie on the table; as follows:

       At the end, add the following:

                    DIVISION L--OTHER ENERGY MATTERS

                  TITLE CXXI--MOUNTAIN VALLEY PIPELINE

     SEC. 12101. AUTHORIZATION OF MOUNTAIN VALLEY PIPELINE.

       (a) Finding.--Congress finds that the timely completion of 
     the construction of the Mountain Valley Pipeline--
       (1) is necessary--
       (A) to ensure an adequate and reliable supply of natural 
     gas to consumers at reasonable prices;
       (B) to facilitate an orderly transition of the energy 
     industry to cleaner fuels; and
       (C) to reduce carbon emissions; and
       (2) is in the national interest.
       (b) Purpose.--The purpose of this section is to require the 
     appropriate Federal officers and agencies to take all 
     necessary actions to permit the timely completion of the 
     construction and operation of the Mountain Valley Pipeline 
     without further administrative or judicial delay or 
     impediment.
       (c) Definitions.--In this section:
       (1) Commission.--The term ``Commission'' means the Federal 
     Energy Regulatory Commission.
       (2) Mountain valley pipeline.--The term ``Mountain Valley 
     Pipeline'' means the Mountain Valley Pipeline Project, as 
     generally described and approved in Federal Energy Regulatory 
     Commission Docket Nos. CP16-10 and CP19-477.
       (3) Secretary concerned.--The term ``Secretary concerned'' 
     means, as applicable--
       (A) the Secretary of Agriculture;
       (B) the Secretary of the Interior; or
       (C) the Secretary of the Army.
       (d) Authorization of Necessary Approvals.--
       (1) Biological opinion and incidental take statement.--
     Notwithstanding any other provision of law, not later than 30 
     days after the date of enactment of this Act, the Secretary 
     of the Interior shall issue a biological opinion and 
     incidental take statement for the Mountain Valley Pipeline, 
     substantially in the form of the biological opinion and 
     incidental take statement for the Mountain Valley Pipeline 
     issued by the United States Fish and Wildlife Service on 
     September 4, 2020.
       (2) Additional authorizations.--Notwithstanding any other 
     provision of law, not later than 30 days after the date of 
     enactment of this Act--
       (A) the Secretary of the Interior shall issue all rights-
     of-way, permits, leases, and other authorizations that are 
     necessary for the construction, operation, and maintenance of 
     the Mountain Valley Pipeline, substantially in the form 
     approved in the record of decision of the Bureau of Land 
     Management entitled ``Mountain Valley Pipeline and Equitrans 
     Expansion Project Decision to Grant Right-of-Way and 
     Temporary Use Permit'' and dated January 14, 2021;
       (B) the Secretary of Agriculture shall amend the Land and 
     Resource Management Plan for the Jefferson National Forest as 
     necessary to permit the construction, operation, and 
     maintenance of the Mountain Valley Pipeline within the 
     Jefferson National Forest, substantially in the form approved 
     in the record of decision of the Forest Service entitled 
     ``Record of Decision for the Mountain Valley Pipeline and 
     Equitrans Expansion Project'' and dated January 2021;
       (C) the Secretary of the Army shall issue all permits and 
     verifications necessary to permit the construction, 
     operation, and maintenance of the Mountain Valley Pipeline 
     across waters of the United States; and
       (D) the Commission shall--
       (i) approve any amendments to the certificate of public 
     convenience and necessity issued by the Commission on October 
     13, 2017 (161 FERC 61,043); and
       (ii) grant any extensions necessary to permit the 
     construction, operation, and maintenance of the Mountain 
     Valley Pipeline.
       (e) Authority to Modify Prior Decisions or Approvals.--In 
     meeting the applicable requirements of subsection (d), a 
     Secretary concerned may modify the applicable prior 
     biological opinion, incidental take statement, right-of-way, 
     amendment, permit, verification, or other authorization 
     described in that subsection if the Secretary concerned 
     determines that the modification is necessary--
       (1) to correct a deficiency in the record; or
       (2) to protect the public interest or the environment.
       (f) Relationship to Other Laws.--
       (1) Determination to issue or grant.--The requirements of 
     subsection (d) shall supersede the provisions of any law 
     (including regulations) relating to an administrative 
     determination as to whether the biological opinion, 
     incidental take statement, right-of-way, amendment, permit, 
     verification, or other authorization shall be issued for the 
     Mountain Valley Pipeline.
       (2) Savings provision.--Nothing in this section limits the 
     authority of a Secretary concerned or the Commission to 
     administer a right-of-way or enforce any permit or other 
     authorization issued under subsection (d) in accordance with 
     applicable laws (including regulations).
       (g) Judicial Review.--
       (1) In general.--The actions of the Secretaries concerned 
     and the Commission pursuant to subsection (d) that are 
     necessary for the construction and initial operation at full 
     capacity of the Mountain Valley Pipeline shall not be subject 
     to judicial review.
       (2) Other actions.--The United States Court of Appeals for 
     the District of Columbia Circuit shall have original and 
     exclusive jurisdiction over--
       (A) any claim alleging--
       (i) the invalidity of this section; or
       (ii) that an action is beyond the scope of authority 
     conferred by this section; and
       (B) any claim relating to any action taken by a Secretary 
     concerned or the Commission relating to the Mountain Valley 
     Pipeline other than an action described in paragraph (1).
                                 ______