[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).
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